HomeMy WebLinkAboutNotice PLANNER 7/23/2007
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",. sr ATE OF OREGON) ,
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': 'I. Karen' L~Fhiur.. being first duly swor~,: do' h~re,by d~'pose an,d, say as ,f~lIows~ >:" , " ','
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, >"1 . : I 'state that I am '; Program Technician 'for the Planning Division 'of the'.: '"
" ":Development Services ,Department, City of, Springfield. Oregon',,:~,,:, :;' ,;" "'".
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,2.:1 state that inmycapacitY as, prb!lram Technician, I prepared"and caused to be,.'':''' " ' :,'
Inailed copies of5uBzoo"1':'boO.21,:n~;~J:i-"D~~, -";4..Js~ :';', ,
':.<':','(See." attachment, ,"A") on '7/2"'> ' . 200l'addressed t~ ls'ee ',:,', .~~'~ ;:;:;;
.. 'Attachment B"l, by causing said, , ; letters to b~ placed in a U,S. mail bqx with.... : -;:'
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postag~fully prep~id thereon.:: ,.<.'" "!', , .>,.,. <':.'" .,.'.,;, ,,' ",,: ~,,,:~,,
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,STATE OF OREGON~ County,of Lane
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, 20'07. Personally appeared' the above n'amed 'Karen LaFleur..
who 'acknowledged the, foregoing instrument to' be their' voluntary
act.
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J '. ,OFFICIAL SEAL',' "
; , BRENDA JONES I
I NOTARY PUBLIC - OREGON ,
; COMMISSION NO 379218 I
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c Planner: AL '_,' , '
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TYPE II TENTATIVE SUBDIVISION REVIEW,'
STAFF REPORT, & DECISION
JPAINOFIELD
lit: ~.
Project Name: Skychief Park Subdivision
Project Proposal: Subdivide one Medium Density Residential (MDR) parcel into six MDR parcels
Case Number: SUB2007-00027
Project Location: 232 South 42"' Street (Map 17-02-32-33, TL 2100 & 2 J 01)
Zoning: Medium Density Residential (MDR)
Comprehensive Plan Designation: MDR
(Mid-Spr'ingfield Refinement Plan)
Pre-Submittal Meeting Date:, December 5,2006
Application Submitted Date: May 24, 2007
Application Considered Complete: June 22, 2007
Decision Issued Date: July 23, 2007
Recommendation: Approval with Conditions
Appeal Deadline Date: August 7, 2007
Natural Features: None
Density: '" 1 0 Units Per Acre,
Ass~ciated Applications: PRE2006-000 16; PRE2006-00099
I POSITION
I Project Manager
I Transportation Planning Engineer
I Public Works Civil Engineer
I Public Works Civil Engineer
I Deputy Fire Marshal
I Community Services Mana,ger
I REVIEW OF
I Planning
I Transportation,
I Utilities
Sanitary & Storm Sewer '
Fire and Life Safety
Building
NAME
Andy Limbird
Gary McKenney
Matt Stouder
Matt Stouder
Gilbert Gordon
Dave Puent
I
PHONE I
726-3784 I
.726-4585 I
736- 1035
736-1035
726-2293
726-3668
I CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM
'APPLICANT'S DEVELOPMENT REVIEW TEAM
Owner! Applicant:
Don Haase
Twin Butte Mortgage [nc,
1960 Gilham Road
Eugene, OR 97401 '
,-.'","
Engineer:
Brent Erickson
EGR & Associates [nc,
2535B Prairie Road
Eugene, OR 97402
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7/.23 / .;,jo 7
/ /
Date Received'
Planner: AL
DECISION: Tentative Approval, with conditions, as of the date of this letter. The standards of thc
Springfield Development Code (SDC) applicable to each criterion of Snbdivision Approval are listed
herein and are satisfied by the snbmitted plans and notes nnless specifically noted with findings and,
conditions necessary for compliance. All improvements are reqnired to be installed as shown on the
approved plan or as conditioned herein. Any proposed changes to the tentative plan mnst be
snbmitted to the Planning Division and approved prior to installation. The Final Plat mnst conform to
the snbmitted 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 docnment carefully.
(See Page 14 for a summary of the Conditions of Approval),
OTHER USES AUTHOillZED 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: TIils application is reviewed under Type II procedures listed in SDC 3,080 and the
,subdivision criteria of approval, SDC 35,050, The submittal received on May 24, 2007 was considered
illcomplete and the applicant was issued a Notice ofIncomplete, Application ,m June 14,2007, The applicant
granted an extension of the 120 day decision period to October 24, 2007; and submitted supplementary
infonnation on June 22, -2'007, The application was accepted as complete on June 22, 2007'. This decision is
issued on the 31" day of the 120 days mandated by the state,
SITE INFORMATION: The'subject development site is located on the west side of South 42'" Street about
450 feet south of the intersection with Main Street. The Assessor's map description is' 17-02-32-33, TL
#2100 & 2101. TIle 1.17 acre development site is zoned Medium Density Residential (MDR) and contains
an existing single family dwelling, Surrounding properties to the west and south also are zoned MDR,
Properties to the north and east (across South 42'" Street) are zoned Community Commercial (Ce). The site
has public street frontages on South 42'" Street along the eastern boundary and South 41" Place along the
western boundary,
WillTTEN COMMENTS:
Procedural Finding: Applications for Limited, Land Use Decisions require the notification of property'
owners/occupants within 300 feet of the subje~t property allowing 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,
Procedural Finding: In accordance with SDC 3,080 and 14,030, notice was sent to owners/occupants within
300 feet of the subject site, on May 29, 2007, One written comment was received from Janet Tong; 276
, South 4,2"' Street, co-owner'ofthe property immediately to the south of the development site:
"Received notice of subdivision plan application on this property, My parents live at 276 S 42"" and ';'y
'brother and I are also listed on the deed to this property.
My main concern about this development is that it not become a run down dun/I' that the developmeilt on
Bluebell has become where drug dealers. and pets are a large problem, The properties an Bluebell have not
been kept up and are in velY poor condition. The fence separating these properties and where my parents
live has been falling down for years, Kids and pets trespass through the [broken] fence leaving messes and
sometimes damages, My parents are elderly and not able to do evelythingfor themselves,
Will there be a fen~e separating this new development from my parents property and will there be some
ordinance for maintenance? 1 think it is a real mistake to add more traffic to the alreqdy busy south 42""
Street,
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Date Received: '-11'2,:~ I z.,0'1
Planner: AL I
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Staff Response:
The Springfield Development Code regulates fencing heights, but does not require fencing between
properties that have similar residential zoning, Staff will recommend that the developer install a screening
fence along the south property line between the deveh.lpment site and the adjoining property,
Staff advise that issues pertaining to trespass and criminal activity are enforcement concerns that can be
addressed with the Springfield Police Department. Concerns about unsightly properties can be forwarded to
the City's Code Enforcement division, The City does not typically regulate each private landowners' upkeep
and maintenance of their property unless it becomes a nnisance or hazard,
Currently, South 42'" Street between Main Street and Daisy Street is being upgraded with pavement
widening, sidewalks, curb and gutter, and street lighting, This street is classified as a minor arterial in the
City's street classification system, and is designed to handle larger volumes of traffic (11,000+ vehicles per
day), At build-out, about half of the traffic associated with the subject development (approximately 45-50
trips per day) will be directed to South 42'" Street. Approximately 45-50 vehicle trips per day 'will be
directed 'to South 41" Place and Bluebelle Way, The public street system is adequate to handle the increased
, traffic associated with this proposed development.
CRITERIA OF SlrnDIVISION TENTATIVE APPROVAL:
SDC 35,050 states that the Director shall approve or approve with conditions a Subdivision Tentative Plan
application upon detennining that criteria (I) through (9) of this Section haVe been satisfied, If conditions
cannot be attached to satisfy the criteria, the Director shall deny the application,
"
(I) The request conforms to tbe requirements of this Codc pertaining to parcel size and dimensions.
Finding I: Pursuant to SDC Section 16,030(2), residential lots on a north-south street shall have a
minimum lot size of 5,000 square feet and a minimum frontage of 60 feet.
r
Finding 2: Proposed Lots 1 and 4 have frontage on a north-south street, and meet the minimum
requirements for parcel size and frontage,
Finding 3: Pursuant to SDC 16,030(6)(a), lots with panhandles shall be 4.500 square feet in the pan
portion with at least 26 feet of street frontage for multiple panhandles, TIle street frontage for each
panhandle parcel shall be detennined by the number of parcels, '.
Finding 4: Proposed Lots 2,3, 5 and 6 are panhandle lots that meet the minimum parc~I size in the pan
area, and share 26 feet offrontage (13 feet per partel),
Finding 5: Pursuant to SDC I 6,030(6)(b) 1, panhandle driveways shall be pernlitted where ,dedication
of public right-of-way'is inlpractical or to comply with the density standards in the applicable zoning
district.
Finding 6: In accordance with SDC 16,030(6)(b)6, the proposed lots will have access provided by way
of private driveways within an irrevocable joint use/access easement. Proposed Lots I, 2 and 6 will
have a shared 'driveway access from South 41" Place, and Lots 3, 4 and 5 will have a shared driveway
access from South 42'''' Street.
Finding 7: The proposed panhandle driveways are adequate to serve the development area, and allow
for the density standards for the site to be met. Dedication of public right-of-way is not l]eCessary or
desirable within the development area,
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Dat~, RGCeived:-;/.z1J<?"L
Planner: AL,
3
Finding 8: The Development Code does not limit the number of angle points that are used to create a
common boundary between two panhandle parcels,
Conclusion: 111is proposal satisfies Criterion 1,
(2) The zoning is consistent with the Metro ,Plan diagram and/or applicable Refinement Plan
diagram, Plan District map, and Conceptual Development Plan.
Finding 9: The subject property is zoned and desil:'11ated Medium Density Residential in th~ Mid-
'Springfield R~finel11ent Plan, 111ere are no changes proposed to the existing zoning for the site,
Finding 10: The developnlent proposal approaches. but does not meet, the density requirements for the
MDR District (between 10 and 20'units per acre), The'applicant is proposing to retain the existing
,single family dwelling on the site and to add five duplex dwellings for a total of 11 units on the site,
Conversion of the existing dwelling to a duplex would create 12 dwelling units on the site which meets
the density requirements of the district. However, the applicant 11as not,submitled a future development
plan that demonstrates the density requirements could be met in,the future,
Finding 11: The single family dwelling' will be considered a legal non-conforining use upon' platting of
the subdivision, because the dcnsity requirements are not met for proposed Lot 3 or the overall site, In
accordance with provisions of SDC Article 5, the single family dwelling can remain on Lot 3 as a legal
non-confonning use, However, future expansion of the development on Lot 3 will not be possible
unless the dwelling is changed to a duplex, A duplex dwelling placed on Lot 3 would meet the density
requirements ofthe MDR District (which is at least 10 units per acre),
Conditions of Approval:
1. Concurrent with recording the Final Plat, the applicant shall rccord a deed restriction against the
lots created by snbdivision plan requiring that duplex dwell ings shall be constructed on each parcel
to meet the density requirements of the district.
Conclusion: As conditioned herein, this proposal satisfies, Criterion 2,
(3) Capacity requirements of public improvements, including but not, limite4 to water and
electricity; sanitary sewer and stormwater management facilities; and streets and traffic safcty .
controls shall not be exceeded, and the public improvements shall be available'to serve the site at
the time of development, unless otberwise provided 'for by this Code aud other,applicable
regulations. The Public Works Director or a utility provider shall ,determine capacity issues.
General Finding 12: For all public improvements, the applicant shall retain a private professional civil
engineer to design the subdivision inlprovements in confomlance with City codes, this decision, and
the current Engineering Design Standards and Procedures Manual (EDSPM), The private civil
engineer also shall be required to provide construction inspection services,
General Finding 13: 111e Public Works Director's representatives have reviewed the proposed
subdivision, City staff's review comments have been incorporated in findings and ,conditions contained
herein. . _ .. / . . .
General Finding 14: Criterion 3 contains sub-elements and applicable code standards, The subdivision
application as submitted complies' with the code standards listed nnder each sub-element unless
otherwise noted with specific findings and conclusions, The sub-elements and code standards of
Criterion 3 include but are not linlited to:
.a
Date Received: '1/:p )c700,
Planner: Al " '
4
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Public improveinents in Accordance with SDC 31 and 32
o Public Streets and Related Improvements (SDC 32,020-32,090)
o Sanitary Sewer Improvements (SDC 32,100)
o Storm WatefManagement (SDC 32,110, 31.240)
o Water and Electric Improvements (SDC 32,120(1))
o Fire and'Life Safety Improvements (SDC 32,120(3))
o Public and Private Easements (SDC 32,120(1) and (5))
Public Streets and Related Improvements
Finding 15: The subject property has frontage on a fully improved public street (South 41" Place),
The property also has frontage on South 42"' Street which is currently being reconstructed as a fully
improved three-lane minor arterial street under a City Capital Improvement Project (P20457),
Additional public street right-of-way was previously acquired from the subject site to facilitate the
improvements and pavement widening on South 42"d Street. The development proposal would not
result in any significant changes to ,the public street frontages for the subject site,
Finding '1 6: The applicant proposes to use an existing driveway approach from South 42"' Street to
serve the east half of thc development site, The existing driveway is located at the, extri'me northeast
comer of the property,
Finding 17: The applicant' proposes to install a new curbcut and driveway approach on Sonth 41'1
Place to serve the west half of the site, The proposed driveway access is located at the extreme'
southwest comer of the property,
Finding 18: The applicant has proposed to install a 5-foot wide concrete sidewalk along the South
42'" Street frontage of the property, Installation of sidewalks can be completed through the Building
Pem,it process,
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Finding 19: There is an existing 5-foot wide concrete sidewalk along the South 41'1 Place frontage
of the subject site that will be retained with the proposed development. '
. .
Finding 20: The applicant is not proposing any street trees with the development. In accordance
with SDC 32,050, at .least three street trees are required on both the eastem and westem public street.
frontages of the site,
Conditions of Approval:'
2. Prior to issuance of FinalOccupancy for any dwellings constructed on Lots 4 or 5, the 5-foot
wide concrete sidewalk shall be installed along the South 42"' Street frontage of the site,
3. Prior to approval of the Final Plat, the applicant shall install at least three qualifying street trees
along both t~e South 41'1 Place frontage and the South 42"' Street frontage of the site. The street
trees shall meet the requirements oftheSDC and the City's EDSPM,
Sauitary Sewer Improvements
Finding 21: Section 32,100 of the SDC requires that sanitary sewers shall be installed to serve each
new development and to connect developments to existing n;ains, Additionally, installation of
sanitary sewers shall provide sufficient access for maintenance activities,
,Finding 22: The applicant has not shown the location of the sanitary sewer service for the cxisting
house ontheSiie Assessment Plan"
DatE?: Received: 17h.!~7
Planner: Al 7-
5
Finding 23: The applicant is proposing to install a Y -COlU1ection with a 6-inch sanitary sewer lateral
to serve the existing house, A second 6-inch sewer lateral will be extended from the Y -cOlU1ectionto
serve proposed Lot 5,
Finding 24: The applicant has proposed extension of 6-inch private sanitary sewer laterals to serve
the other four lots that will be created within the development area, Connection will be made to the
8-inch public sanitary sewer lines in South 41" Place and South 42'" Street.
Finding 25: The developer has pre-installed the sanitary sewer lateral to proposed Lot 4 to avoid
replacing, a concrete panel in South 42'" Street after upgrades are completed in later in the Fall of
2007,
Condition of Approval:
4. Prior to approval of the ,Final Plat, the applicant shall submit a revised Site Assessment Plan
showing the location of the sanitary sewer service for the existing' house,
Storm water Management (Quantity)
Finding 26: Section 32,] 10(2) of the SDC requires that the Approval' Authority' shall grant
development approval only where adequate public and/or private storm water management systems
provisions have been made as determined by the Public Works Director, consistent with the EDSPM,
Finding 27: Section 32,110(4) of the SDC requires that runoff from a development shall be directed
, to an approved stornlwater management system with sufficient capacity to accept the discharge, .
Finding 28: In accordance with SDC 32,110(5). future developments on the parcels created by the
proposed subdivision plan will be required to employ drainage management practices that minimize
the amo~nt and rate of surface water runoff into receiving streams, and that promote water quality,
Finding 29: To comply with Sections 32,110(4) & (5), stormwater runoff from the site will be
directed into a series of pipes and stornlwaterquality swales, prior to discharge to the public system,
The pipes and' water quality swales are proposed to be joint systems benefiting multiple property
owner's, The private systems will discharge'.Io the public system 'consisting of an existing] 8-inch
stornl sewer line in South 42'" Street and a 12-inch stornl sewer line in,South 41" Place,
Finding 30: The existing house is shown to be connected 10 a drywell, which-is proposed to be
abandoned, The applicant has not shown on the subdivision plan [low the existing house will be
connected to the proposed Oll"site private stornlwater system and/or the public storm water system
upon Final Plat.
Conditions of Approval:
5. Prior to approval of the Final Plat, the applicant shall install all priv~Ie stornlwater facilities,
including pipes, vegetated swales and cOlU1ections to the public system, that benefit the lots
within the subdivision area,
6. Prior to approval of the Final Plat, th~ applicant shall connect the exis~ing house to the
constructed private st0l111water system or to the public stornlwater system, and shall show the
connection on a revised private utility plan for the development site,
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Date Received:_03/""'OL
Planner: AL /
6
Storm water Management (Quality)
Fini:ling 31:, Under Federal regulation of the, Clean Water Act (CW A), Endangered Species Act,
(ESA), and National Pollutant Discharge Elimination System (NPDES). the City of Springfield is
required to obtain, and has applied for, a Municipal Separate Stonn Sewer System (MS4) pemJit. A
provision of this pemJit requires the City to demonstrate efforts to reduce the pollution in urban
, stomJwater to the Maximum Extent Practicable (MEP), ,
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Finding 32: . Federal and Oregon Department of Environmental Quality (ODEQ) rules'require the
City's MS4 plan'to address six "Minimum Control Measures", Minimum Control Measure 5, "Post-
Construction StomJwater'Management for New Development and Redevelopment", applies to the
proposed development.
Finding 33: Minimum Control Measure 5 requires the City of Springfield to develop, implement and
enforce a program to ensure the reduction of pollutants'in stonnwater ru!"off to the MEP, The City
alsocmust develop and implement strategies that include a combination,of structural or non-strnctural
Best Manageinent Practices (BMPs) appropriate for the community,
Finding 34: Minimum Control Measure 5 requires :the City of.Springfield to use an ordinance or
other regulatory mechanism to' address post-construction runoff from new and re-de~elopment
projects to the extent allowable under State law, Regulatory mechanisms used by the City include
ihe SDC, the City's Engineering Design Standards and: Procedures Manual and the future
StomJwater Facilities Master Plan (SFMP),
. ,
, Finding 35: As required in SDC 31.050(5), "a development shall be requi:ed to employ drainage
management practices approved by the Public Works Director and consistent with,'Metro Plan
policies and the Engineering Desi~pl Standards and Procedures Manual",
Finding 36: Section 3,02 of the City's EDSPM states the Public Works Department will accept, as
interim design standards for stOffilwater quality, water quality facilities designed pursuant to the
policies a~d procedures of either the City of Portland (BES) or the Clean Water Services (CWS),
'-
Finding 37: Section 3,03.3,B of the City's EDSPM 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 70percent reduction in the total suspended solids in .
the runoff generated by the development. Section 3,03.4,E of the EDSPM requires a minimum of 50
percent of the non-building rooftop impervious area on a site shall be tre~ted for stomJwater quality
improvement usi'ng vegetative methods,
Finding 38: To meet the requirements of the City's MS4 permit, the Springfield Development Code,
and the City's EDSPM, the applicant has proposed several small water quality swales, A 'planting
plan for the swalJs has not been provided:. ~
Finding 39: The'vegetation to be used in the swal~s will serve as the primary pollutant removal
mechanism for the stonnwater rnnoff"and,will remove suspended solids, and pollutants through the
processes of sedimentation and filtration, Satisfactory pollutant removal will occur only when the
vegetation has been fully established,
Finding 40: The water quality' swales and associated private stoffiJWater pipes are proposed to be
jointly-owned systems shared by multiple property owners, Maintenance of these ~ystems has not
been addressed with the proposed application,
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Date Received: /7/2Y/<'<77
Planner: 'AL
7
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Conditions of Approval:
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7., Prior to approval <;>fthe FinalPlat, the applicant shall submit a proposed planting plan/seed mix
for the water quality swales, The seed mix shall meet the requirements of the City's interim
design standards as'required in Section 3,02 'of the EDSPM and shall be shown on the plan
drawings, The City of Portland Storm water Management Manual may be referenced for design,
8. Prior to approval of the Final Plat, the 'proposed private water quality swales shall be fully
vegetated witb all vegetation species established to ensure a fully functioning water quality
system and meet objectives of Springfield's MS4 permit, the SDC and tbe EDSPM,
Alternatively, iftbis'1:ondition cannot be met, the applicant shall provide and maintain additional
interim erosion control/water quality measures acceptable to the Public WQrks Department tbat
will suffice until sucb time as the swale vegetation becomes fully established,
9. Prior to approval of tbeFinal Pl~t, the applicant shall prepare and subniit an operations and
maintenance plan to the City for review to ensure the long-ternl maintenance, operation and
viability of tbe proposed swales, The maintenance plan shall be consistent witb criteria required
by the City of Portland's ,Stormwater Management' Manual. The plan sball designate
maintenance and operational responsibility for the system, and sball be distributed to all property
owners and tenants of tbe development site, '
Water. and Electric Improvements
Finding 41: Springfield Utility Board (SUB) Water advises that City water service is available
immediately adjacent to the subject property, Tbere'!s a~ existing 12-incb water 'line in South 420d
Street along tbe frontage of the site.. Due to tbe South 420d Street upgrade project, the applicant bas
pre-installed water connections to serve Lots 3. 4 and 5, '
Finding 42: Tbere is an existing 6-inch water line along the South 41" Place frontage of tbe site,
Tbe applicant proposes to connect water meters to tbis public water line and extend private water
lines to serve tbe dwellings on Lots 1, 2 and'6, '
Finding 43: Electrical service is available to serve the 'proposed development area, SUB Electric
advises"tbat power can be provided from a utility pole on the east side of South 42"d Street, and
possibly from the west side of South 41~1 Place,
Finding 44: SUB Electric advises that a Public Utility Easement (PUE) may be required internal to
the subdivIsion area to connect electrical service between Soutb 41" Place and South 420' Street.
Finding 45: In accordance with SDC 32,120(2), wberever possible utility lines shall be placed
underground,
Finding 46: Tbe developer is proposing to place all new utilities to serve, the subdivision
underground, However, the existing house is served by an overhead powerline and the applicant bas
not shown that the electrical line will be placed underground,
Condition of Approval:
10. Prior to approval of the Final Plat, the applicant shall obtain necessary City pernlits and have the
electrical service for the existing house placed underground,
_'.-:':,-.~'- -
Date Received: 7 h q /:M07
Planner: AL 1/ " -
8
Fire' and Life Safety ImprovemeiIts
Finding 47: Springfield Fire and Life. Safety advise that the proposed water service, to the
subdivision area is acceptable, The nearest fire hydrant is located near the northwest corner of the
property on South 41" Place, A second fire hydrant is located on the west side of South 420' Street
about 225 feet north of the noitheast corner of the property,
Finding 48: , The proposed access drivewa'ys must provide sufficient clearance and load-bearing to
support Fire apparatus in accordance with the Springfield Fire Code (SFC), The paved driveways
need to support an 80,000 Ib, imposed load, and provide at least 20 feet clear width,
Conditions of Approval:
I L Access driveways shall provide 20 feet of clear width and support an 80,000 Ib, imposed load in
accordance with 2004 SFC 503,2,\ & 503,2,3 and SFC Appendix D102,\.
12. "No Parking - Fire Lane" signage shall be posted ,on both sides of the fire apparatus access roads
in accordance with 2004 SFC 503,3 and SFC Appendix DI 03,6" '
Public and Private Easements
Finding 49: Utilities shall be extended underground' to serve new improvements, The facilities
currently requested are standard residential services, Extending and 'coi1l1ecting pub~ic utility
facilities at propefty lines improves efficiency and service to individual properties,
Finding 50: Public utility easements are necessary to protect public infrastructure and serve the'
subject site with existing, new or'improved utilities, Public utility easements protect t]le utility
facilities and users, and improve efficiency by providing consistency and planning, Utilities and
easements shall be provided and extended to the boundaries of the subject site to efficiently serve the
development area.
Finding'S I: SDC 32,120(5) requires applicants proposing developments to make arrangements with
the City a~d.each utility provider for the dedication of utility easements necessary to fully seivicethe
development or land beyond the development area, The minimum width for public utility easements
adjacent to streetrightsCof-way shall be ,7 feet. The minimum width for all other PUEs shall be \4 .
'feet. ' '
Finding 52: In accordance with SDC32,120, theapp\icant is proposing to dedicate 7-f60t wide
PUEs along the South 4\" Place and South 420' Street frontages of the subdivision ,area, "
Finding 53: The subdivision plan (Sheet 3) shows a textual reference to a proposed 10-foot wide
public right-of-way dedication, The right-of-way dedication has occurred already through Bargain
and Sale Deed 2006-042859 recorded June 20, 2006.
Finding 54: The applicant' has proposed numerous private easements within the subdivision area for
joint-use access, maintenance, utilities and stomlwater facilities, These easements are reflected on
the easement plan, but not are not unifornlly depicted on all sheets of the plan set.
Finding 55: There is an existing 26-foot wide access, maintenance and utility easement across the
northeast comer of the subject property (Recording No, 2002-013998; Lane County 'Deeds and
Records), The applicant is proposing a second variable-width joint use access and utility easement
across the same area to serve Lots 3,4 and 6 of the subdivision area. It is not'Certain if this proposed
easement will affect the existing easement occupying the same area, The applicant has not proposed
,"
. ~..
, .,
Date Received:_7?Y..?c07
Planner: AL
9
to release the existing private easement. Multiple "layered" easements that occupy portions of the
same area can lead to conflicts, but do not directly affect the City or public utility providers, It is the
applicant's responsibility to ensure that conflicts arising from multiple overlapping ,private
easements and maintenance agreements do not occur.
Finding 56: As stated previously, SUB Electric advises that a 7-foot wide PUE may be required to
connect underh'fOund electrical service through the development site from South 41" Place to South
420d Street. The applicant shall coordinate with SUB Electric in providing required easements to
facilitate electrical service to the development area,
Conditions of Approval: '
13. The Final Plat shall provide for dedication of the private, variable-width joint use access and
utility easements affecting the parcels created by the subdivision plan,
14. The Final Phit shall provide for dedication of the private stomlwater easement affecting the
parcels created by the subdivision plan,
15. Prior to or concurrent with recording of the Final Plat, the maintenance agreement(s) for the
private joint-use driveways, utilities and stomlwater facilities shall be recorded against the lots
created by tlle plan of subdivision, '
16. The Final Plat shall provide for streetside 7-foot"wide PUEs as depicted on the applicant's
tentative plan,
17. The Final Plat. shall dedicate appropriate PUEs internal to the subdivision if r~quired for'
provision of underground utilities to serve the development area, The,developer shall coordinate
with SUB regarding uiility easement requirements,
Conclusion: As conditioned herein, this proposal satisfies Criterion 3.
(4) The proposed ,development shall comply with all applicable public and private design and
construction'standards contained in this Code and other applicable regulati~ns.
General Finding 57: Criterion 4 contains two elements ,witll sub-elements and applicable Code.
standards, The subdivision application as submitted complies with the code standards listed under each
subcelement unless otherwise noted with specific findings and conclusions, The elements, sub-
elements and Code standards ofCriterion4include,but are not limited to:
4a Confornlance with standards of SDC 31, Site Plan Review, and Article 16, Residential Zoning
o Schedule of Use Categories (SDC 16.020)
o Setback Standards (SDC 16,050)
o Height Standards (SDC 16,060)
o Off-Street Parking Standards (SDC 16,070 and 31,170-230)
o Fence Standards (SDC 16,090)
o Landscaping Standards (SDC 31,130-150)
o Screening and Lighting (SDC 31.160)
4b Overlay Districts and Applicable Refinement Plan Requirements
o ,The site lies within the Mid-Springfield Refinement Plan area,
o The site lies within the 10-20 Year Time of Travel Zone (TOTZ) for the Milia drinking
water welt,
~ -'..
. ,
., - - '\.~-...
Date Received:
Planner: AL
7/.2-(';"07 ,
10
4a Conformance with standards of SDC 31,Site Plan Review, and SDC 16, Residential Zoning
Schedule of Use Categories
Finding 58: The developer is proposing to construct five duplex dwellings on the five vacant lots
that would be created by the plan of subdivision, In accordance with SDC 16,020(5). duplex
dwellings are listed as a Pern1itted Use, As previously conditioned,' a deed restriction shall be
recorded against the vacant lots ~oensure at least two dwelling units are constructed on each parcel. '
Setback Standards
Finding 59: The development site does not abut any residential'lots on the east. west or north,
Therefore, future development on the site will not affect the solar ,access of adjacent residential lots
located south of the site, The developer has requested a waiver, of the solar access standards for the ~
future duplex dwellings due to the orientation of the building footprints on the site, Solar'access
requirements can be addressed through future Building Pern1it appl{cations"
Height Standards
Finding 60: The'maximum building height for dwellings in the MDR district is 35 feet. The
applicant has not specified whether the duplex dwellings are intended to be single-story or'two-story
structures, The existing dwelling on the site is a two-story, single family house,
Off-Street Parking Standards
Finding 61: At least two dedicated off-street parking spaces are required for each dwelling unit (4,
per duplex), The applicant is proposing garages and driveway aprcms for each duplex unit to satisfy
the off-street parking requirement. ' '
Finding 62: At least'two off,street 'parking spaces are required for the existing home on proposed',
Lot 3, The developer is proposing to construct a garage with driveway apron to satisfy the off-street
parking'requirements for the single family dwelling,
Fence Standards
Finding 63: Fences are not required between adjoining properties in the MDR District. However, an
adjacent landowner, has expressed concerns' about fencing between the properties and it is
recommendec! that the developer install a unifonn screening fence along the south property line of
the subdivision area, Maintenance of the fence will be the responsibility of the benefiting property
owners.
Screening and Lighting Standards
Finding 64: There is no Development Code requirement to p;ovide screening between adjoining
properties 'in the MDR District. ' ,
Conclusion: This proposal satisfies Criterion 4a,
4b Overlay Districts and Applicable Refinement Plan Requirements
Finding 65: The subject property is within the 10-20 year Tilhe of Travel Zone (TOTZ) for the Maia
wellhead" There are no provisions of the Drinking Water Protection Overlay District that affect the
proposed development.
,
Date Received: 0~"'7
Planner; AL'
11
\ ....-_... ~ ': ~. .-
Finding 66: This site is within the Mid-Springfield Refillenielll Plan area, and there are no specific
policies affecting the 1''''fNjed residential development on this site,
Conclusion: This proposal satisfies Criterion 4b,
'(5) Parking areas and ingress-egress points have been designed to: facilitate vehicul~r traffic, bicycle
and pedestrian safety to avoid 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 or other applicable regulations, and comply with the ODOT access management
standards for state highways. '
Finding 67: The Development Review Committee reviewed the proposed 6-10t subdivision at a
meeting on June 12,2007, The applicant's revised submittal was reviewed at a special meeting on
July 3, 2007, Except for the following, the proposed parking, driveways and access points are
sufficient to serve the proposed parcels,
Transportation System Impacts
Finding 68: Abutting the subject site to the east, South 42nd Street is being reconstructed through a
City Capital Improvement Project as a three-lane minor arterial street with concrete paving, It is
expected that the road construction will be completed by Fall, 2007,
Finding 69: Abutting the subject site to the west, South 41" Place is a fully improved local street
with 28 feet of paving within a 50-foot right-of-way,
Finding 70: Development of five new MDR lots with' duplex housing units would generate
approximately 8 additional PM peak hour trips and 80 daily trips onto the'surrounding street system,
Finding 71: The existing and planned transportation facilities would be adequate to accommodate
the' additional trips generated by the proposed development in a safe and efficient manner.
Site Access and Circulation
Finding 72: Installation of driveways on a streei increases the number of traffic conflict points, ,The.
greater number of confliCt points increases the probability of traffic crashes, SDC 32,080(l)(a)
stipulates that each parcel is entitled to "an approved access to '" public stree!",
Finding 73: The applicant proposes to use the existing driveway access onto South 42"" Street to
serve Lots 3, 4 and 5, A variable-width'joint-access easement will be recorded against the driveway
area (Condition 14) to,guarantee access to Lots 3, 4 and 5 created by the plan of subdivision,
Finding 74: The applicant proposes to install a new curbcut and driveway access onto South 41"
Place at the southwest corner of the site,' A joint~access easement. will be recorded against tile
driveway area (Condition 14) to guarantee access to Lots' 1, 2 and 6 crcated by the plan of
subdivision,
Conclusion: As proposed and previously conditioned, this proposal satisfies Criterion 5,
(6) Physical features, including, but not limited to significant clusters of trees and shrubs,
watercourses shown on the Water Quality Limited Watercourse Map and their associated
riparian areas, wetlands, rock outcroppings and historic features have been evaluated aud
protected as specified in' this Code or other applicable regulations.
." ".
Pate Received: 7 /:;..; /~7
Planner: AL ;" I ~
12
, Finding 75: The Metro Area General Plan, Water Quality Limited Watercourse Map, State
Designated Wetlands Map. Hydric Soils Map, Wellhead Protection lone Map, FEMA Map and the
,list of Historic Landmark sites have been ,consulted and there are no features needing to be protected
or preserved on this site, If any artifacts are found during construction, there are state laws that
could apply; ORS 97,740, ORS 358,905, ORS 390.235, If human remains are discovered during
construction, it is a Class "COO felony to proceed under ORS 97,740,
Conclusion: This proposal satisfies Criterion 6,
(7) Development of any remainder of tbe property under tbe same ownersbip can be accomplished
'in accordance with the provisions of tbis Code. '
Finding 76: The applicant's entire property is proposed for development, and therefore this criterion
does not apply to the proposed subdivision area, As previously conditioned (Condition I). a future
development plan is to be submitted to demonstrate confomlity with density requirements of the MDR
District.
Conclusion: As proposed and previously conditioned, this proposal satisfies Criterion 7,
(8) Adjacent land can be devclopcd or is provided access that wiU allow its dcvelopment in
accordance with tbe provisions oftbe Springfield Dcvelopment Code.
Finding 77: Adjacent properties within the City limits 'are developed, or have' direct' access to City
streets and utilities,
Conclusion: This proposal satisfies Criterion 8,
(9) When no concurrent annexation application submitted with a Subdivision Tentative Plan on
property tbat is outside of tbe city limits but witbin the' City's urbanizable area, the standards
specified, below sball also apply.
Finding 78: The property involved ,in this proposal is locaied inside the City Limits, ' Therefore,
Criterion 9 is not applicable,
Conclusion: This proposal satisfies Criterion 9,
CONCLUSION: The tentative subdivision, as submitted and conditioned, complies with Critcria 1-9 of
SDC 35.050. Portions of tbe proposal approved as submitted may not be substantively changed during
platting witbout an approvcd modification application in accordance witb SDC 35.100,
What needs to be 'done: The applicant will have up to two vears from the date Of this letter to meet the
applicable conditions of approval or Development Code standards and to 'submit a Final Subdivision Plat.
Please refer to SDC 35:080 & 35,090" for more information, THE PUBLIC' AND PRIVATE
IMPROVEMENTS AND THE FINAL PLAT MUST BE IN SUBSTANTIAL CONFORMITY WIT'H
THE TENT A TIVE PLANS AND THE CONDITIONS OF APPR()V AL. "
The Final Plat is'required go through a pre-submittal process" After the Final'plat application is complete, it
must be submitted to the Springfield Development Services Department. A separate application and fees
will be required, Upon signature by the City Surveyor and the Planning Manager, the Plat may be submitted
to Lane County Surveyor for signatures prior to recording, No individual lots may be transferred until tbe
plat is re'corded and threc (3) copics of the filed partition are returned to tbe Development Serviccs
Department by the applicant.
-' -~.
Date Received: /7h.3/.h9tJ7
Planner: AL I -
13
".1
CONDITIONS OF APPRO V AL:
I. Concurrent with recording the Final Plat, the applicant shall record a deed restriction against the lots
created by subdivision plan requiring that duplex dwellings shall be constructed on each parcel to meet the
density requirements of the district.
2. Prior to issuance of Final Occupancy for any dwellings constructed on Lots 4 or 5, the 5-foot wide
concrete sidewalk shall be installed along the South 42'" Street frontage of the site,
3. Prior to approval of the Final Plat, the applicant shall install at least three qualifying street trees along
, both the South 4 1" Place frontage a'nd the South 42'" Street frontage of the site, The street trees shall
meet the requirements of the SDC and the City's EDSPM,
4. Prior to approval of the Final Plat. the applicant shall submit a revised Site Assessment Plan showing the
location of the sanitary sewer service for the existing house,
5. Prior to approval of the Final Plat, the applicant shall install all private stomlwater facilities, including
pipes, vegetated swales and connections to the public system, that benefit the lots within the subdivision
area.
6. Prior to approval of the Final Plat, the applicant shall connect the existing house to the constructed
private stomlwater, system or to the 'public stonnwater system, and shall show the conneCtion on a
revised private utility plan for the development site,
. 7. Prior to approval of the Final Plat, the applicant shall submit a proposed planting plan/seed mix for the
water quality swales, The seed mix shall meet the requirements of the City's interim design standards as
required in Section 3.02 of the EDSPM and shall be shown on the plan drawings, Hie City of Portland
Stomlwater Management Manual may be referenced for design, '
8. Prior to approval of the Final Plat, the proposed private water quality swales shall be fu'ny vegetated with
all vegetation species established to ensure a fully functioning water quality system and meet objectives
of Springfield's MS4 pemlit,the SDC and the EDSPM, Altematively, 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 swale vegetation
becomes fully established.
9. Prior to approval of the Final Plat, the applicant shall prepare and submit an operations and maintenance
plan to the City forreview to ensure the long-term maintenance, operation and viability of the proposed
swales, The maintenance plan shall be consistent with criteria required by the City of Portland's
Stomlwater Management Manual. The plan shall designate maintenance and operational responsibility
for the system, and shall be distributed to all property owners and tenants of the development site,
, 10. Prior to approval of the Final Plat, the applicant shall obtain necessary City permits and have the
electrical service for the existing house placed underground,
11. Access driveways shall provide 20 feet of clear width and support an 80,000 Ib, imposed load in
accordance with 2004 SFC 503,2,] & 503.2,3 and SFC Appendix DI02,1.
12. "No Parking _ Fire Lane" signage shall be posted on both sides of the fire apparatus access roads in
accordance with 2004 SFC 503,3 and SFC Appendix D103,6, '
13. The Final Plat shall provide for dedication of the private. variable-width joint use access and utility
easements'affecting the parcels created by the subdivision plan, '
,Date Received: 71.<.f ;teOl
Planner: AL '/ v
14
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"
14. The ,Final Plat shall provide for dedication of the private stomlwater easeinent affecting the 'parcels
created by the subdivision plan,
15. Prior to or concurrent with recording of the Final Plat. the maintenance agreement(s) for the private
joint-use driveways, utilities and stomlwater facilities shall be recorded against the lots created by the
plan of subdivision,
16. The Final Plat shall provide for streetside 7-foot wide PUEs as depicted on the applicant's tentative plan,
17. The, Final Plat shall dedicate,appropriate PUEsintemal to the subdivision if required for provision of
, under~'Tound utilities to serve the development area, The developer shall coordinate with SUB regarding,
utility easement requirements,
Additional Informa'tion: 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 Planning Comm ission, 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 application must be submitted to the City with a fee of $250,00. The fee will be returned to the
appellant if the Planning Commission approves the appeal application,
In accordance with SDC 15,020 which provides for a IS-day appeal period and Oregori Rules of Civil
Procedures, Rule lO(c) for service of notice by mail, the appeal period for this decision expires at 5:00 p.m.
on August 7, 2007.
Questions: Please call Andy Limbird in the Planning Division of the Development Services Department at
(541) 726-3784 or email alimbirdlalci,snrinQfieJd,oLus if you have any questions regarding this process,
Prepared By: ~
yUJ
'1,..:::i:
",
Date Received'
Planner: AL
'7,6j/.2PJ7
/ /
15
Please be advised that the following is provided for information only and is not a component
of the subdivision decision.
FEES AND PERMITS
Svstems Develonment Chames:
The applicant must pay applicable Systems Development Charges when building permits are issued for
developments within the City limits or within the Springfield Urban Growth Boundary, The cost relates to
the amount of increase in impervious surface area, transportation trip rate, and plumbing fixture units
(Springfield Code Chapter II, Article 11), Some exceptions apply to Springfield Urban Growth areas,
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 pennit submittal for
buildings or site improvements on each portion or phase of the development.
Among other charges. SDCs for park arid recreation improvements will be collected at time of building
pemlit issuance for future houses on Lots 1, 2, 4, 5 and 6, and would be based on the SDC policy in etfect at
that time, Willamalane P~rk and Recreation District advises that the SDC ,for park and recreation
improvements is 'presently $2,426 for each new duplex dwelling,
SanitarY Sewer In-Lieu-of-Assessment CharQe:
The applicant must pay a Sanitary Sewer In-Lieu-of-Assessment charge in addition to thereguiar connection
fees if the property or portions of the property being developed have not previously been assessed or
otherwise participated in the cost of a public sanitary sewer. Contact the Engineering Division to detennine
ifIn-Lieu-of-Assessment charge is applicable (Ord, 5584),
P'ublic Infrastructure Fees:
It is the responsibility of the private developer to fund the public infrastructure,
Other Citv Pemlits:
Encroachment Permit or Sewer Hookup Permit for working within right-of-way or public easements (eg. .
new tap to the public stoml or sanitary sewer, or adjusting a manhole), The current rate is $135 + 5%
Technology fee,for processing (plus applicable fees and deposits).
. Land & Drainage Alteration Permit (LDAP) - Contact the Springfield Public Works Department at
726-5849 for apprcipriate'application requirements,
. Plumbing Pemlit
. Encroachment Pennit
Additional nennits/aonrovals mav be necessarY:,
. Division of State Lands (stomlwater discharge, wetlands)
. Oregon Department of Environmental Quality (Erosion control - I acre or greater, pump station,
stonnwatcr discharge, wetlands)
. US Anny Corps of Engineers (stomlwater discharge, wetlands)
".
~.... .
Date Received:-1.1 ?_"'\'l.o ...,
Planner: ALl 0 L
16
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1. ALL OF THE LOTS REQUIRE AN ADJUSTM[IJT TO THE SOLAR DESIGN
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EUGENE, DREcml 97401
2. THERE WILL BE APPROXIAl.1TELY 90 ey.DFClfT AND lOaD CY Of flLL
J. mERE IS 110 EXISTltlG STRn:T i.JG\iTS A[)JIICIJIT TO THE SITE AND NONE
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4. THERE ARE NO EXlsmm STREET TREES AND NONE: ARE PROPOSED.
LOCATION:
SUI{V[YOR
17-02-J2-J3 ~ 2\00 &
KRUSH At~D ASSOCIATES
54 CHlTEIIMAL lOOP
EUGErjE-ORE(:ON974Ql
(541)686_9211
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6 PROPERH IS RElATIYELY flAT WITH A CI~GE IN U(VATION OF LESS
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WW = WASTE WATER
RESIDENTIAL
llTlUTIES;
WATER: sua
POWER: SlRl
SE'I\'ER:cn','OFSI'RIIIGFIELD
7. THE EXlsmw HOUSE IS SERVED BY PUBLIC SAHITARi' SEWER.
STlA _ STORM WATER
Il. ALL UTILlTltS VlILL BE PLACED'UNDERGROUNO.
PWR ~ PROPOSfD El[CTRIAl SERVICE
DATE:
JUliE 111,2007
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I LOT NO
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CITY OF SPRINGFIELD '" ":';;tij ," "
DEVELOPMENT SERVICES DEPARTMENi:',',
225 5th ST :' ,,"
SPRINGFIELD, OR 97477 ,",., <'"
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Janet Tong
'276 S 42nd Street
Springfield, OR 97478
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CITY OF SPRINGFIELD'
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SP8INGFIELD.,OR 97~n
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Brent Erickson
EGR & Associates Inc
2535B Prairie Road
Eugene, OR 97402
''',' i:
CITY OF SPRINGFIELD
DEVElOPMENT SERVICES DEPARTMENT
, 225 5th ST '
SPRINGFIELD. OR 97477
.,
Don Haase
Twin Butte Mortgage Inc
1960 Gilham Road
Eugene, OR 97401
, d' 7/JS~7.
Datel Recelve./;- ,
Planner: AL
6