HomeMy WebLinkAboutPlan, Tentative PLANNER 6/20/2008
Notice of Decision - Subdivision Tentative Plan
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Project Name: Weeping Willows
Project Proposal: six lot subdivision
Case Number: SUB2007-00034
Project Location: 3750 and 3880 E Street; 17-03-31-13 TL 600 and 7~0
Base Zone: LDR (Low Density Residential) .
Overlay District(s): DWP (Drinking Water Protection)
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Metro Plan Designation: LDR (Low Density Residential)
. Refinement PlanfDesignation: Mid-SpringfieldjLDR (Low Density Residential)
Pre-Submittal Meeting Date: June 8, 200Z
Application Submitted Date: June 19, 2007
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Decision Issued Date: July 31, 2007 .
Appeal Deadline Date: August 15, 2007
Other Application(s): none
I. CITY OF SPR..lNGF.lEtD'DEVEI:OPMENT REVIEW TEAM..
I POSITION REVIEW OF
I Project Manager PI~ng .
I Transportation Plaririing Engineer Transportation
I Public Works Civil Engineer Utiliti,es
I Public Works EIT Sanitary & Storm Sewer
I Deputy Fire Marshall Fire,and Life Safety
I Community Services Manager Building
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. I APPLmANt's DEVEt0P.M;~N'f REVIEWTEA1\1:'
Owner: Applicant's
Jennifer Johnson Representative:
1249 D Street. Aaron Grimes
Springfield OR 97477 Olson and Morris
380 Q Street
Springfield OR 97477
NAME PHONE
Steve Hopkins 726-4608
Greg Kwok 726"7134
Matt Stouder 736-1034
Matt Stouder 736-1034
Gilbert Gordon 726.2293
Dave Puent 726-3668
Applicant:
John McSwane
3800 E Street
Springfield OR 97477
WeePing Willow
Cose No. 5UB2007-00034
Datel Received' tfPo/?c>c>cf
Planner: AL I - I
Site:
Subject Property j
Decision: Tentative Aooroval with conditions, as of the date of this letter. The standards of
the Springfield Development Code (SDq applicable to each criterion of Subdivision approval
are listed herein and are satisfied by the submitted plans and notes unless specifically noted
with findings and conditions necessary for compliance. The Subdivision Plat must conform to
the submitted plans as conditioned herein. This is a limited land use decision made according
to city code and state statutes. Unless appealed, the decision is final. Please read this document
carefully.
Other Uses Authorized by the Decision: None. Future development will be in accordance with
the provisions of the SDC, filed easements and agreements, and all applicable local, state and
federal regulations.
Review Process: This application is reviewed under Type II procedures listed in SDC 3.080, the
Subdivision Criteria of Approval, SDC 34.050, and the Subdivision Standards of Article 34. The
application was found to be complete upon submittal. This decision is issued on the 30th day of
the 120 days mandated by the state.
Site Information and Zoninlf.
The property contains approximately 0.8 acres, two dwellings and several accessory structures.
Both dwellings and all the accessory structures will be removed. The site is designated LDR in
the Mid-Springfield Refinement Plan and is zoned LDR (Low Density Residential). The site is
generally level and the Groundwater Protection Overlay is the only applicable Overlay district.
WeePing Willow
Case No. SUB2007-00034
Date Received: t,hf(J(lf _
Planner: AL I
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Comments Received: Applications for Type II Limited Land Use DeCisions. require notification.
of property owners/ occupants within 300 feet of the subject property which allows for a 14 day
comment period on the application (SDC 3.080 and 14.030). The applicant and parties
submitting written comments during the notice period have appeal rights and are mailed a
copy of this decision for consideration. In accordance with SDC 3.080 and 14.030, notice was
mailed tCl owner/occupants within 300 feet of the subject site on June 20, 2007. No written
comments were received.
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SDC 35.050
Criteria of Approvai - Sub~ivision Tentative Plan
SDC 35.050 states The Director shall approve or approve with conditions a Subdivision
, Tentative Plan application upon determining that all applicable approval criteria of approval
have been satisfied. If conditions cannot be attached to satisfy the approval criteria, the Director
shall deny the application.
(1) The request conforms to the requirements of this Code pertaining to parcel size and
dimensions. .
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Finding #1: The property is zoned LDR (Low Density Residential) and contains two
dwellings, each on an existing lot. These two lots will be further divided to create a total
of 6 lots. Lots 1 and 6 will be standards lots. The minimum lot size for lots on an east- .
west street is 4500 sf. Lots 2 - 5 wjll be flag lots. Fo~ flag lots, the minimum lot size is
4500 sf in the pan with 26' of frontage for multiPle panhandle lots.
Conclusion: The proposal complieJ with SDC 35.050(1).
(2) The zoning is consistent with the Metro Plan diagram and/or applicable Refinement Plan
diagram, Plan District map, and Conceptual Development Plan.
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Finding #2: The property is zoned LDR (Low Density Residential) and the Mid
Springfield Refinement Plan designation is LDR (Low Density Residential).
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Conclusion: The proposal complies with SDC 35.050(2).
(3) Capacity requirements of public improvements, including but not limited to, water and
electricity; sanitary sewer and stormwater management facilities; and streets and traffic
safety controls shall not be exceeded and:the public improvements shall be available to serve
the site at the time of development, unless otherwise provided for by this Code and other
applicable regulations. The Public Works Director or a utility provider shall determine
. capacity issues. .
Transoortation Svstem Imoacts
Finding #3a: Abutting the subjectjsite to the south, 'E' Street is a 38-foot wide asphalt
paved roadway within a 60-foot wide right of way. The street is improved with
curb/ gutter, sidewalk, and street lighting. Average daily traffic on this street is
estimated to be less than 300 vehicle trips per day.
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Finding #3b: Based on ITE Land T;Jse Code 210 (Single-Family Detached Housing) full
development of four additional t parcels with single-family residential use would
. generate 40 additional vehicle trips per day and 4 PM peak-hour vehicle trip onto the
surrounding street system. In addition, assumed development may generate pedestrian
and bicycle trips. According to the "Household" survey done by LCOG in 1994, 12.6
percent of household trips are made by bicycle or walking and 1.8 percent are by transit
bus. These trips may have their origins or destinations at a variety of land uses,
including this site. Pedestrian and bicycle trips create the need for sidewalks, pedestrian
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crossing signals, crosswalks, bicycl~ parking and bicycle lanes.
Finding #3c: Existing transportation facilities would be adequate to accommodate the
additional volume of traffic generated by the proposed development.
SANITARY SEWER
Finding #3d: Section 32.100 of the SDC requires that sanitary sewers shall be installed to
serve each new development and to connect developments to existing mains.
Additionally, installation of sarrltary sewers shall provide sufficient access for
maintenance activities.
Finding #3e: The existing public sktary system is an 8 inch pipe located on the south
side of E Street. Two existing sewer stubs are provided to .the site, on the east and west
sides of the existing property lines! The applicant has proposed extension of individual
laterals off of the existing stubs to service the proposed lots. Lots 1 and 6 appear to
share a common lateral. Building code requirements stipulate each lot have its own
separate sewer line behind the right-of-way and public utility easement.
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Condition of Approval #1: Prior to approval of the Final Plat, the applicant shall revise
the sewer lavout for lots 1 and 6. Specificallv, lots 1 and 6 shall be provided with their
own individual sanitarv sewer service behind the right-of-wav and proposed public
utility easement
S'rORMWATER MANAGEMENT
Finding #3f: Section 32.110 (2) of , the SDC requires that the Approval Authority shall
grant development approval OnlYi where adequate public and/or private stormwater
management systems provisions have been made as determined by the Public Works
Director, consistent with the' Engineering Design Standards and Procedures Manual
(EDSPM). '
Finding #3g: Section 32.110 (4) of the SDC requires. that run-off from a development
shall be directed to an approve? stormwater management system with sufficient
capacity to accept the discharge.
Finding #3h: Section 32.110 (5) of the Springfield Development Code (SDq requires
new developments to employ drainage management practices, which ririnimize the
amount and rate of surface water run-off into receiving streams, and which promote
wa ter quali ty.
Finding #3i: To comply with Sections 32.110 (4) & (5), stormwater runoff from the
rooftops of lots 2-5 will drain into: a common joint stormwater pipe. Roof runoff from
the existing houses will continue to weephole to the curb and gutter. Runoff from the
joint-use driveway will be collected in a filter strip located on the west side of the
Date f~eceived:--f/"W /.;>t:>tI f
Planner: AL / I
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driveway. The filter strip and j?int-use pipe will require periodic maintenance to
function properly.
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Condition of Aooroval #2: Prior toaoproval of the Final Plat, the applicant shall prepare
and submit a ,maintenance agreement for the ioint-use stormwater pipe used to collect
rooftop runoff from lots 2-5, and for the ioint-use filter strip that collects runoff from the
shared drivewav. The maintenance agreement shall soecifv responsibility, frequencv
and shall be distributed to all exisful.Q: and future home owners.
UTILITIES. EASEMENTS AND RIGHTS OF WAY
Finding #3j: Section 32.120 (5) of the SDC requires applicants proposing developments
make arrangements with the City ~nd each utility provider for the dedication of utility
easements necessary tofully service the development or land beyond the development
area. The minimum width for pu~lic utility easements adjacent to street rights of ways
shall be 7 feet. The minimum width for all other public utility easements shall be 14 feet.
Finding #3k: The applicant has proposed a 7 foot public utility easement along the
frontage of E Street, satisfying Section 32.120 of the SDC. Additionally, a 26 foot private
joint use access and utility easement and maintenance agreement has been proposed
over the joint use driveway to benefits lots 2-5. .
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Finding #31: Comments from the Springfield Utility Board indicated that SUB's
preference would .be to run servi~es along the east side of the driveway due to the
limitation of no more .than 270 degrees of conduit bend. The developer is proposing to
save the existing tree on Lot 6 by placing all utilities along the west side of the driveway.
This will require additional easements for SUB to be able to service the new lots. The
additional easements are also needed to set the junction boxes far enough out of the
main driving paths so they are not hit by vehicles.
Condition of Aooroval #3: Prior to approval of. the final plat, grant additional
p~"pmentS as needed to place iunction boxes and utilities in conformance with the
standards of the Sorin\!field Utilitv:Board.
Condition of Aooroval #4: Dedicate easements as specified in Section 32.12015\ when
necessarv to provide services, includin\! but not limited to sanitarv sewers. stormwater
mana\!ement, water and electricity. to the site and nei\!hborin\! properties. The
dedication of easements shall also include anv easements reauired to access and
maintain watercourses or wetlands that are part of the Citv's Stormwater .Mana\!ement
Svstem.
Finding #3m: The comments from the Springfield Fire and Life Safety indicate water
supply is acceptable. !
ConclusiOJi: As conditioned, the p~oposal complies with SDC 35.050(3).
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(4) The proposed development shall coritply with all applicable public and private design
and construction standards contained in this Code and other applicable regulations to ensure
the connection to public utilities and the installation of streets.
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Finding #4a: The comments from !he Springfield Fire and Life Safety indicate access is
acceptable. Fire apparatus access;roads shall support an 80,000 lb. imposed load per
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Planner: AL
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2007 Springfield Fire'Code 503.2.3;and SFC Appendix 0102.1. "No Parking-Fire Lane
signage" shall be posted on both ~ides of the fire apparatus access road per 2007SFC
503.3 and SFC Appendix D103.6. I
Condition of AODfoval #5: Prior to approval of the final plat. the driveway shall be
constructed to support an 80.000 lb. load and verified bv a compaction test. The test
results shall be stamoed bv a professional engineer arid subniitted prior to approval of
the final plat. I
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Condition of Aooroval #6: Prior to approval of the final plat. "No Parking-Fire Lane"
silms shall be posted on both sides of the drivewav.
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Finding #4b: Street trees are propo~ed along E street at approximately every 30 feet.
Finding#4c:. There is a power pole and overhead p6werlines connected to the exiting
dwellings. In accordance with SDt 32.120, all new lines shall be located underground.
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Existing overhead lines shall be placed underground. ,
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Condition of Aoproval #7: Prior to approval of the final plat. place all new utility lines
and existing overhead lines underground.
Conclusion: As conditioned, the proposal complies with SDC 35.050(4)
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(5) Parking areas and ingress-egress points have been designed to: facilitate vehicular traffic,
bicycle and pedestrian safety to avo.id congestion; provide connectivity within the
development area and to adjacent residential areas, transit stops, neighborhood activity
centers; and commercial, industrial and public areas; minimize. curb .cuts on arterial and
collector streets as specified in this Code ~r other applicable regulations and comply with the
ODOT access management standards for rtate highways. .'
Finding: #5a As proposed, there will be five lots (Lots 1-5) taking access to E street via
the panhandle driveway. . Lots 1 bd 6 have frontage to E Street.. SDC 16.030(6)b(4)
allows only four lots to use a singl~ panhandle. Because of this, the driveways on Lot 1
and Lot 2 must remain open.
Condition of Aooroval #8: The drivewavs on Lots 1 and 6 must remain.
Condition of AODfoval #9: Prior to final plat aPDfoval. execute and record the ioint use
access and utility easement.as proposed. .
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Condition of Aooroval #10: Prior to final plat approVal. confieure the drivewav access
to ensure the drivewav approach wingS do not encroach.bevond the proiected property
boundaries.
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Finding #5b: There is a two-way arrow sign that will <;onflict with the shared driveway.
This sign will need to be moved. I . . .
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Condition. of AODfoval #11: Prior to final olat approval. relocate the 2-wav arrow silm.
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(6) Physical features, including but not limited to, significant' clusters of trees and shrubs,
watercour~es shown 0;" the Water Quality Limited Watercourse Map and their associated
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riparian areas, wetlands, rock outcroppi~gs and historic features have been evaluated and
protected as specified in this Code or other applicable regulations..
WATEROUALITY .:.
Finding #6a: Under Federal reguiation of the Clean Water Act (CWA), Endangered
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Species Act (ESA), and National Pollutant DischargeiElimination System (NPDES), the
City of Springfield has obtained' a Municipal Separate Btorm Sewer System (MS4)
permit. A provision of this permit requires the City demonstrate efforts to reduce the
pollution in urban stormwater to tlje Maximum Extent Practicable (MEP).
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Finding#6b: Federal and Oregon Department of Environmental Quality (ODEQ) rules
require the City's MS4 plan addtess six "Minimum Control Measures." Minimum
Control Measure 5, "Post-Construction Stormwater Management for New Development
and Redevelopment," applies to the proposed development.
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Finding #6c: Minimum Control Measure 5 requires the City of Springfield to develop,
'implement and enforce a program to ensure the reduction of pollutants in stormwater
runoff to the MEP. The City must also develop and iffiplement strategies that include a
combination of structural or non-structural Best Management Practices (BMPs)
appropriated for the community. : '
Finding #6d: Section 3.02 of the qty's EDSPM states: the Pubic Works Department will
accept, as interim design standards for stormwater quality, water quality facilities
designed pursuant to the policies and procedures of either the City of Portland (BES), or
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the Clean Water Services (CWS). I
Finding #6e:. Section 3.03.3.B d the City's EDSP,fv1 states all public and private
development and redevelopment projects shall employ a system of one or more post-
developed BMPs that in combination are designed' to achieve at least a 70 percent
reduction in the total suspended solids in the runoff generated by that development.
Section 3.03.4.E of the manual requires a minimum of 50 percent of the non-building
rooftop impervious area on a site shall be treated for: stormwater quality improvement
using vegetative metllOds. '
Finding #6f: To meet the requirements of the City's MS4 permit, the Springfield
Development Code, and the City's EDSPM, the applicant has proposed a small filter
strip to collect and treat the joint-uJe driveway runoff:
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Finding #6g: The applicant has proposed using.pro~time 835 bio-filter summer green
vegetation to seed the filter strip, with. This vegetation will serve as the primary
pollutant removal mechanism for . the storllwater runoff, and will remove suspended
solids and pollutants through the processes of sedimeptation and filtration. Satisfactory
pollutant removal will occur only ~hen the vegetatio~ has been fully established.
Finding #6h: The base proposed fdr the filter strip consists of 1 and '12 inch crushed rock.
The City's interim stormwater quality requirements (the City of Portland's Stormwater
Management Manual) require tha~ 12 to 18 inches of growing medium be supplied for
the sub-base.
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Case No. ~UB2007-00034
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'Planner: AL
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Condition.of Ajmroval #12: The ~roposed filter stri~ shall be shall be fullv ve2:etated
with all ve2:etation species established prior to aporoval of Final Plat. If this condition
cannot be met. the applicant shall provide and maintain additional interim erosion
control! water aualitv measures acceptable to the Public Works Department that will
suffice until such time as the filter strip ve2:etation becomes fullv established.
Condition of Aooroval #13: Prior to approval of the Final Plat. the ap'plicant shall install
12 to 18 inches of topsoil crowin2: medium, sand or native soil in the area for the filter
strip. as required bv the Citv's interim stormwater requirements.
Condition of Aooroval #14: Approval of a Stormwater Mana2:ement Plan for the
development demonstratin2: compliance with the applicable provisions of Section 32.110
of this Code and the En'lineerin'l Desi'ln Standards and Procedures Manual.
Finding: According to the Wat~r Quality Limiteo Watercourse map, the nearest
regulated watercourse is over 400 f~et from this property.
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Conclusion: As conditioned, the pr:oposal complies with SDC 35.050(6).
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(7) Development of any remainder of !the property under the same ownership can be
accomplished in accordance with the proyisions of this Cod!".
Finding #7: There is no adjacent prbperty under the same ownership.
Conclusion: The proposal complies with SDC 35.050(7).
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(8) Adjacent land .can be developed or is' provided access that will allow its development in
accordance with the provisions of this Code. .
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Finding #8: The adjacent properties are developed and have access to E Street or
Commercial Street.
Conclusion: The proposa1.complieJ with SDC 35.050(8).
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(9) Where the Subdivision of a manufactured dwelling park or mobile home park is
proposed, the following approval criteria;shaIl apply:
'Finding #9: This is not a subdivision of a martufactureo dwelling park.
Conclusion: This criterion is not abplicable.
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DETERMINATION: Based on the evidence in the reco~d, the Director determines the
orooosal comolies with SDC 35.05011\.19l. subiect to the Conditions of Aooroval attached to
this reoort.
What Needs To Be Done?
SDC 35.090 (1) states: The Subdivision Plat pre-submittal. meeting shall be held within 2
years of the date of Tentative Plan approval (the date.. of this letter). The mylars and
application fee shall be submitted' within '180 days of the pre-submittal meeting. If the
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Case No. 5UB1007-0oo34Planner: AL 7, 8
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applicant has not submitted the Subdivision Plat within these times, Tentative Plan approval
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shall become null and void and re-submittal of the Tentative Plan shall be required.
A Final Plat application is charged upon sJbmittal of the complete application and all requ~ed
documents, and after all conditions of apptoval are met,includmg the construction of public
and private improvements' and extension of utilities required through this decision. Upon
. signature by the City Surveyor and the Plaririing Manager, the Plat mylar may be submitted to
Lane County for recordation. No individU;allots may be transferred until the Plat is recorded
and the mylar copy of the filed Subdivision is returned to the City Surveyor.
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Conditions of Aooroval:
To the extent necessary to satisfy the approval criteria of Section 35.050 of this ArtiCle, comply
with all applicable standards of this Code and to mitigate identified negative impacts to
surrounding properties, the Director shall impose conditions of approval. All conditions shall
be satisfied prior to Subdivision Plat approval.
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1. Prior to approval of , the Final Plat, theiapplicant shall revise the sewer layout for lots 1 and
6. Specifically, lots 1 and 6 shall be provided with their own individual sanitary sewer
service behind the right-of-way and proposed public utility easement.
2. Prior to approval of the Final Plat, the applicant shall prepare and submit a maintenance
agreement for the joint-use stormwater pipe used' to collect rooftop runoff from lots 2-5, and
for the joint-use filter strip that collects runoff from the shared driveway. The maintenance
agreement shall specify responsibility,'frequency and shalLbe distributed to an existing and
future home owners. .
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3. Prior to approval of the final plat, grant additional easements as needed to place junction
boxes and utilities in conformance witIi. the standards of the Springfield Utility Board.
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4. Dedicate easements as specified in Section 32.120(5) when necessary to provide services,
including but not limited to sanitary sewers, stormwater management, water and electricity,
to the site and neighboring properties. The dedication of easements shall also include any
easements required to access and maintain watercourses or wetlands that are part of the
City's Stormwater Management System.
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Weeping Wiilow
Case No. 5UB2007-00034
11. Prior to final plat approval, relocate the 2-way arrow sign.'
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12. The proposed filter strip shall be shall be fully vegetated with all' vegetation species
established prior to approval of Final ;Plat. If this condition cannot be met, the applicant
shall provide and maintain additional interim erosion control/water quality measures
acceptable to the Public Works Department that will suffice until such time as the filter strip
vegetation becomes fully established. : .
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13. Prior to approval of the Final Plat, the applicant shall 'install 12 to 18 inches of topsoil
growing medium, sand or native soil m the area for the filter strip, as required by. the City's
interim stormwater requirements.
14. Approval of a Stormwater. Management Plan for the development demonstrating
compliance with the applicable provisions of Section 32.110 of this Code and the Engineering
Design Standards and Procedures Manual.
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Additional Information: The application, all documents, and evidence relied upon by the
applicant, and the applicable criteria of approval are available for free inspection and copies are
available for a fee at the Development 'Services Department, 225 Fifth Street, Springfield,
Oregon.
Appeal: This Type II Tentative Subdivision decision is considered. a decision of the Director
and as such may be appealed to the Plaririing Commission. The appeal may be filed with the
Development Services Department by an affected party. The appeal must be in accordance with
SDC, Article 15, .Appeals. An Appeals ap'plication must .be submitted to the City with a fee of
$250.00. The fee will be returned to the ,appellant if the Plaririing Commission approves the
appeal application.
In accordance with SDC 15.020 which provides for a 15-day appeal period and Oregon Rules of
Civil Procedures, Rule 10(c) for service of notice by mail, the appeal period for this decision
expires at 5:00 p.m. on August 15, 2007.
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Questions: Please call Steve Hopkins in, the Plaririing Division of the Development Services
Department at (541) 726-3649 if you have ky questions regarding this process.
Prepared by:
Steve Hopkins, AlCP
Planner II
Development Services - Urban Plaririing Division
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Please be advised that the following is provided for information only and is not a component
of the Tentative Plan Review Decision. . . ,
FEES 'AND PERMITS
Svstems Develooment Char2:es:
The applicant must pay Systems Development Charges when the buildmg permits are
issued for developments within th~ City limits or within the Springfield Urban Growth
Boundary. The cost relates to tJ;1e amount of increase in impervious surface area,
transportation trip rate, and plumbing fixture units.'
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Systems Development Charges (SDCs) will apply to the construction of buildings and
site improvements within the subject site. The charges will be based upon the rates in
effect at the time of permit submittal for buildings or site improvements on each portion
or phase of the development. '
Sanitarv Sewer In-Lleu-Of-Assessment Char2:e:
Pay a Sanitary Sewer In-Ueu-Of-Assessment charge in addition to the regular
connection fees if the property or; portions of the property being developed have not
previously been assessed or other~ise participated in ,the cost of a public sanitary sewer.
Contact the Engineering Division ,to determine if the In-Lieu-Of-Assessment charge is
applicable [Ord. 5584].
Public Infrastructure Fees: I
It is the responsibility of the private developer to fund:the public infrastructure.
Modification
Modification of the layout of parcel lines may be required when caused by the location
of streets, required stormwater management systems, including but not limited to
swales and detention basins or when required by the Geotechnical report specified in
Section 35.040(6)(0) of this Article. I
The applicant shall submit copies: of the required p~rmits to demonstrate compliance
with applicable: federal programs"regulations and statutes; state programs, regUlations
and statutes; and/or local programs, regulations and statutes prior to approval of the
Subdivision Plat. When a federal or state agency issues a permit that substantially alters
an approved Tentative Plan, the Director shall require the applicant to resubmit the
Tentative Plan for additional review.
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Other Citv Permits:
Encroachment Permit or Sewer Hookup Permit (working within right-of~wai or public
easements). For example, new tap to the public storm or sanitary sewer, or adjusting a
manhole. The current rate is $130 fpr processing plus applicable fees and deposits.
Additional oermits/ aoorovals mav be necessarY:
. If required by the Public Works Dept., submit a Land and Drainage Alteration
Permit (LDAP). Contact the Springfield Public Works Department at 726-5849 for
appropriate applications/requirements. .
. Metropolitan Wastewater .Management Commission (pump station, sanitary sewers
24 inches or larger) .: '-... . 0 ;I
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. Plumbing Permit
. Drinking Water Protection
. ODOT Drainage Permit. Cbntact Lynn Stuckrath at (541) 726-2577 for the
app lication.requirements.
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