HomeMy WebLinkAboutApplication APPLICANT 11/17/2008
city of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Phone: (541) 726-3759
Fax; (541) 726-3~89
SPRINGFIELD
App~als Application, Type III
~ Appeal of the Director's Decision
Appeal of an Expedited Land Division
_ Appeal of the Historical Commission Decision
Name, J oumal Number and Date of the Decision Being Appealed s,\ l, 'U1Oi -CmFt
I
Date of Filing the Appeal
I 0 - 7-2 -'D<6
(fbis date must be witbiu 15 calendar days oftbe date oflbe decision.)
Please list below, in summary form, the specific issues being raised in the appeal These should be the
specific points where you feel the Approval Authority erred in making the decision, ie., what approval
criterion or criteria you allege to have been inappropriately applied.
lssue # I
'-0 . , cWl-tl vtcL ~ ~
fJ
. ed:
lssue #2
lssue #3
ungill..1 e;;~1
~
'\
lssue #4
(List any additional issues being appealed on an attached sheet.)
The undersigned acknowledges the above appeal fonn and its attachments have beeo.i"ead, the requirements for filing an appeal
ofa land u-se decision is understood ~nd'states,the information supplied is correct and accurate. .
Appellant's Name ~~v~ ~,~ \ I%!\-- Phone '"f-L(:f - gLl 0 I
Address ~"b t- N. \ c,\ \\-\. Sl Sf F\) OR- q -:}Ylt-
Statement of Interest ~ ~ V\'Ca..-" L
Signature ~llIA to(t"i7<'" J ~~ .~ Aff'V\.C<1W,
For Office Use Only:
Journal No. ZONQ..OOJS-0003& Received By ~hdA
Assessor's Map No. 17-0,3-LL/-{)O Tax Lot No. <500
Date Accepted as Complete
10-22-0 8P02: 11 RCVD
PR:rZDc7-00094
Date Received:~/ 2tX"?
Planner: AL .
LAW OFFICE OF BILL KLOOS, PC
OREGON LAND USE LAW
375 W. 4'" STREET, SUITE 204
EUGENE, OR 97401
TEL (541) 343-8596
FAX (541) 343-8702
E-MAIL BILLKLOOS@LANDUSEOREGON.COM
October 22, 2008
Director
Springfield Development Services
225 Fifth Street
Springfield, OR 97477
2008
aL'
Original Submittal.
Re: Appeal of Partition Approval Conditions
File: SOO2008:00039; Helfrich Family Trust
Dear City of Springfield:
Please accept this letter and the enclosed check for the filing fee ($250.00) as an appeal of the
Director's approval in the matter above, This appeal is filed on behalf of the owner and
applicant.
. My client agrees that the partition should be approved, but objects to some ofthe.conditions
imposed as not being supported by the applicable standards for approvaL
This appeal is filed under SDC 5.3-115.
Standing to Appeal: My client has standing to appeal as the owner and applicant.
Timely Filing: This appeal is timely as it is filed within the time allowed by the decision,
Appeal Issues: .
The applicant objects to making compliance with conditions 1 and 2 a condition of the
Final Plat. The conditionsi"elate to: (1) an Improvement Agreement for sidewalk, sanitary
sewer, storm sewer, and street lighting; and (2) street improvements for the 20th Street cul-
~= .
The conditions are not related to any standards for. approval, and they are not necessary to
demonstrate compliance with the standards of approval.
If there is a basis in the code for requiring an Improvement Agreement, the terms of that
agreement need to be determined in this proceeding, in order to ensure that the terms comply
with the standards in the code and exactions law.
The stated standard from the code, SDC 5.l2-125.C, focuses on "capacity requirements of public
. .
improvements." This is a proposal to divide property, not to develop a use that will impact
lO-22-08P02:11 RCVD
Date Received' l:/i,}iJo!'
Planner: AL
Springfield Development Services
October 22, 2008
Page 2 of3
capacity of the improvements.
2008
Original Submittal ~
The code standard at SDC 5.12~125.C says that "[t]he Public Works Director or utility provider
shall determine capacity issues." If the City wishes to condition the approval to boost capacity of
public improvements, then the capacity determination needs to be made in the context of this
decision, and that has not been done.
The conditions requiring capacity improvements in connection with a bare partition of the land
have not been justified as an exaction under the Dolan standard and do not comply with that
standard.
The applicant objects to conditions 7, 8 and 10 related to stormwater, These conditions
relate to: (7) exaction of a 14-foot easement for an existing public stormwater pipe; (8)
requiring the location ofthe new private stormwater line outside the 14-foot easement for
the existing public pipe; and (10) requiring installation of the private storm pipe on each lot
prior to final platting, unrelated to whether and when residential construction is approved.
To the extent these conditions are based on standards in the EDSP Manual, they may not be
applied because the Manual is not an acknowledged land use regulation, and, furthermore, it has
not been adopted by ordinance, as is required of all land use regulations.
The requirement for the public easement dedication for the existing public storm water pipe is not
related to or required by any standard in the city code. Furthermore, the dedication has not been
justified as an exaction under the Dolan standard and does not comply with that standard.
The requirement to install private storm water facilities on site is not based on any applicable
code standard for this partition. It has some qualities of putting the cart before the horse, or
requiring the building of the roof before the foundation.
The applicant objects to condition 12, which requires installation of a fire hydrant to serve
these two parcels,
The findings recite that the closest fire hydrant is at 21st and Hayden Bridge, which is more than
600 feet distant. The findings do not reference the location for the 600-foot maximum distance.
Assuming there is such a standard, the applicant would point out that there is an existing hydrant
due east of the subject property, on the next cul-de-sac, and well within the 600-foot limit.
The applicant objects to Condition 26, which requires an access easement to the tax lot to
the north.
The land to the north is outside the UGB. It is not land over which the city has land use
jurisdiction. The code language relied upon in the decision for this condition applies to land
inside the UGB only. This condition should be dropped.
Date Received:
Planner: AL
/1/17 );OO!
/ /
Springfield Development Services
October 22, 2008
Page 3 of3
My client looks forward to working with staff to get these issues resolved before, during, or as a
result of the public hearing on this matter.
Thank you for your consideration.
~
Cc: Client
Jim McLaughlin
'\
Date Received:
Original Submittal
Date Received'
Planner: AL
lI/n/d<:J{}f
/ I
IlAYDI<NBawu~"AY
AUCANAI.
f
8
!
I
I
i
~
i----
I, ,,?
;, V'. .
!
i
ii
r.
,I
!'
II
!
,f
..
j!
11
!
U
II
i;
II
II!
IO,!!!
!
~J1
iil
LEGEND
MICln..V:~,,,1 J.\~~nl.
T.\..XM,W17.01.!4'"
YAXllJI'-lOl
1"''';,\':
{lilli, to....-
(~, ~
1 lIIrWll"W I~' 1IO"lQ'1I.... J...........:t \~
F-f.'j.=- ....:-::::- r/-='~,\- - - -'''-' _.:0':\'" i -, ~"""'_t-~.'
,1fP.I~RfCHIAHlt) ~"1 -...
I! ItFV("Afll~II'.l1'<fJl11W>! I W. r .~.
1..1 1.'.'___ ._.,.:\\~~;II~(\~I~~;~l~J !;ll~ ,. \. I J: .....,,;,~;~,ii~j)"""';l~' "-'-.l
J -::--1 ,"--- I. \.1: I ~ 1,u~~~~i_~J':;1"1 r...~,._:.~~'~~':.f,~~A.~
UISruIQl.....UIl:.Mli.ICENT....;...------' ;.' / ?".':.c l.~ '~.I\,~!! lU""'_ f...''''''....' "0
ncEP'11l1Non_Z2nI I h I IE.'''''. .1'AI: Q)
UI;I.fll.!CI-{F,..,.UlY mBEVAC,\1U) ; f: / I l;;; lU>I\1 (Ll'IlI. > ...J
RE\Tll',UIr.r;l"WGTI:~:'l 'r; t! I I:: ~R.'r'''''PI.R'''l' .- <(
l.\XMAI'J7../1J-lHlll : ~ - ''ll'-'''U''L7 I lil. .<1 "R'''' ~ _ "'1___ + Ql
T....~.l(lY,"'\ EXJIrl1I<OF;WUfA.~---... 1I1JI.i51', I ~ OPOSED1REFS IT - ~-_~_ 0
~.j^C ~~~~:~r: : J ~ \,7 I I ~< ~. ~ ___ H _ _l __ __ __; ~ ~ L
I . ',f. \' 'i I" -;:" ;=____-r__t________~/'\ <II 2;>
! I / 1.,,- W.", . '_1 ' I l ~'i'~.... _!
I I ~""I,.,.nr~Rn' 1 '. ,'b, - -NCI"OCI'lIlTI! ,J", \ .\._ _ l5'PAVE_ R~- - .:!' ~ 20Tl-1ST"~J'P ~ I
L ~,l...:~~':',~'p~~::.~:"'-,-~ - -- -?- - -6I1i~' ._ _j ,..... \.-- \ ~-:l--- _,J.~~__ 'i "1:J a..~
-l._-'--_ -------- -. ,"" ""b', , 1-
--,J'-.-.~~-=,~--- .. . .---~---",..m.~~_=.=':.cc- r.--=~-=~~-='-,--7-'I\.--.. 'C,-.
~\~~..-,.--;,:....,~~,~-.,.,~] \ G"va AI./ /~J.___:,::;:::..:-~-- ,
,,\:,,..,,,,,,,,~ ~roBEv...c...m; '... ...... ./ / ~~\':.;t:\~lj~'.::~_~,,~tl
~ ,"j U.~W-T.....
>:sMT. I '-.'I'.Hl.~'f' ,'~)
= o~;uu_ I'liltUU K ~. / ! T..~~\7,~,~~~~:..,
r,\\~~~D;'J;:;t\-lJl) _-...- - I ;tll.,
-"'2AC ,,'
'I.DR\'/ I
I
/1'
~"
~~ ~"",-~m
'sm;l.OCA11<lN
........'ll.."'-
.
~
r'
~l
....tcn....ltD
h
<p.
~
-....
VICINITY MAP
-/V.T.$.- --
'A,.
"#
(;0.'.
HELFRICH F AMIL Y REVOCABLE LIVING TRUST
LAND DIVISION TENTATIVE PLAN
MAP 11.oJ_24-00TLSOO
SPRINGFIELD, OREGON
2008
&:L
. I
AUGUST 2001
-
-~~.r.- -.,.
;
i
"
,
.~ ~"'L.7:~~=---
. .
_.~ n~.
".
".
Wl;r~fJ("K r,,"RDES~
'A.\ ~l,\r !1_[,1_:!4-0i'
TN';LOf'l>!
~,~M__
"--.
'--..,
URBAN GROWIH souNDAiiY
.
COWN'
EDOBOf(IRA'IEL
""''''
EOOEOFPAVEMENT
HXISTINOlrrORMDRAINJ'IPE
IlXlST1NO WATER METIal
_. __ _,n,ww_ _ _ ___
-(_.
,I,
I!.
,'-.Z
""
EXIS11NO STORM DRAINOoTCR BASIN
""
EXISTlN(]pOWEIlPOLB
BXISTINO A PROPOSED UNDEllClROUND
powaRLINI!S
SIrTBACK LItiES PER SOC
PROPOSeD 11l'U11UlY1!ASI!MENT
EU!CI"IllC TI.ANSFORMER BOX
D
t
f
+
~
l ti
.-'-------.~-~-t___ /
___ _._ ..n. L _ -1...,_
_or
I
I
--- ...- _.-_.-
Q
<
~---o
i
I~; I ~
,/
.,.
/'!
ffi
Q
~
/'
.-
j
I
,
..-. T
./
_/,---- _ __ L
I
!
./,/.
--
/
___ -1,
J_
,. ... -.. - .-.
\
\
\
')':-<!'JU.RrIIlERrKU,l.Y
1'A.'(MAI'J'''('1.2~..(1)
T'\Xl.(ln"'~
HAt.
(I,DRl
I SITE rNFORMA nON
WNlNr."'Pl..l.NnF~I~
P~"NT: WW DENSITY
RESIDENTIAL (LOR)
URBANIZED FRlNGE(UF.IO)
"'-'A.
[f;GRQSS ACRES
f!:!2t!!l;.
Qm"
~
COMCAST
SANlTARY:
ON SITE SEPTIC
I!LI!CfRJC,
'""
---=-
'. '1
FLOOO INFORMA nON
BFE ~ 4'2', HAZARD WNE: AE
FIRMMAPI4IOJ9CI"3f
...
-
e.'
-.
,,'
~
RAINBOW
f~
5
.,
~\~
3 "
~ i~~d
~. ~~h~
~ 2....8lig,
~ ".w~
~ "O~lIil~
~W~
o .
[ .
~I'
8~~ ,i ~
~!~i ;:~ ~
.0 .
, it s_
.
i
%
~
Q
g
..
~
.
.
5
.
6
.
Q
--------
0
%
,_u
% ~
! ~ %
~ 0
~ ~ ~
~ w
5 % U
~ ~ ~ ~
w
8 -; N ~
~ ~ ~
5 c ~ i
~ z .. ~ ~
~ .
0 0 15 u
Sheet Number
APPLICANT'S STATEMENT AND SUBMITTAL CRITERIA ANALYSIS
FOR THE
HELFRICH FAMILY REVOCABLE LIVING TRUST
LAND DIVISION APPLICATION
CITY OF SPRINGFIELD, OREGON
APPLICATION DATE:
August 27th, 2008
APPLICANT
Jim McLaughlin
2428 Ranch Drive
Springfield, OR 97477
Phone 541-729-4886
PROPERTY OWNER
Helfrich Family Revocable Living Trust Dean & Gayle
Helfrich Co-Trustees
2587 North 19th Street
Springfield, OR 97477
LOCATION:
Assessor's Map 17-03-24, Tax Lot 500
REQUEST:
Land Division Tentative Approval for a 2 Parcel Partition
I PROJECT SUMMARY
This application is for tentative approval to divide a 1.1 acre parcel into two parcels of .65 acre
and .45 acre. The property is currently zoned Low Density Residential (LDR) with an
Urbanizable Fringe Overlay (UF-lO). The site is in Lane County but is within the urban growth
boundary of Springfield. The applicant is not planning to annex the property. The property is
used for residential purposes and currently has a single family dwelling. The subject property is
currently serviced by the following utilities:
Electric: Springfield Utility Board (SUB)
Water: Rainbow Water District
Gas: NW Natural
Telephone: QWest
Cable Television: Comcast
(San~n Site Septic
This application is to be processed under a Type II Land Division Tentative Plan.
II DEVELOPMENT REVIEW APPLICATION CRITERIA
The Development Review Application Requirements for Land Divisions is defined in the
Springfield Development Code Section 5.12-105 through 5.12-120. This section shows the
application criteria in grey text boxes with narratives on how the applicant has meet each of the
following requirements.
Helfrich Application Narrative
Date l1l.ecelved:
Planner: AL
/,h71JPl7f
/ /
Page 1 of 11
Land Divisions . ,-
. _! . " .. . : .... .,; ~ . ~ " .. :.::. '"" , . -, ...: ' . ;' . ,: ,,~ .. :-.; ," ~ " - '.
5.12-105..D.1- Applic~bility.The Partition process applies withiniiie citjlimits and t~e City's
urbclliizable, area, Generally, no more than 3 'parcels may be created from one ti-act of land. in the
City's urbanizable drea until annexation, as specified in Section"5:12~12512.b.iiU02) .
The property is located outside the Springfield City Limits but within the Urban Growth
Boundary. The proposed divisipn is to result in Two(2) parcels. '
5.H..-1iq r~~til,ti~e..'!/~i1 ,~evi~w.... T~i1tative Plans are ~yiewedunder'.rYP~Jf progedllre, .
.;':-.... _~ .- .::,,'.:~r.~/'~:~:~.;':;>.. " ..'_~'- ~- -":;::'",,--,. -,,<', '~'..,i'_':'_:'I',"-:'__<_ ,.';<.,' -': . _'
5.12-115 Tentative Plan':": General. Any residential'land division shall conform to ih~ following
stiln4~fls:: " ,~r~',~ _~. \'. .~~ '. '.~ <: <:.:' : ,":" ',- _:j\~) ;'.' ~ -: ,'.. :~ :_'. ", .'i + :. ;' .;;~ :~,':,J '.~;<,,: '.'~", " '_ .
A. The lot/pee/dimensions shall coriform to the minimu,rl standards .ofthis Code: Wheli lots/parcels
" -"',' --, ,- -"-." " -. - ",' """:.' . ,- .....,
are more than double the 'minimum area permitied by the zoning distriCt, the Director shall require.
that these lots/parcels be alra~ge;L '. : ':. '. " ' '.. i, . .., ... ~
., : 1: ToaUowfedivisi~ii;' and .. - :"" . .';, ".... ",. i
. 2. TO'dUJ.:vjor the e~tension of streets to serv~ftture lotS/parcei~. ., .. n
. '3. Placement ofsu-uctUres on the larger lois/parcels shall be. sub/edt i~. approval by the
"'. .' - ,'. . ,.' " ,.- . -. . . . - ' , .... ~ ,-. ^"- " ',.. '< -,'. . ' ..' .
Director upon a determination 1hat the potential maximum delisity of the liIrger lot/parcel is not
impdired. In ordef'to Tr;aM thii d~teimination, the Director may requirea'Ftitio-e DeVelojJinent Plan
~.Sfr~~ifiedi~ ,~e~ii,o!, j.i?:12QE.' :'. ' .... ':' .:;: ..:;.. .. .",\ .>,:;:';}.?~;1,.,~ ',. ::";- : ,:,:".
'jJ: Double frontage Ibis/parcels" shall be avoided, unless necessqry to preventiiccessto: residential
. dev~loiImerii'fro~so?f;!'iiof~r#a;.terial streets or to overco~e, Jp;cifi~ tot.;ir.dpfliq)ituatiiJ'ns""'. .
G Panhandle lotS/piIrcels shall comply. with the standardS specified in Sections'3:2~215,and 4.2-120A.
. .;..<;. \"" ,'." ',,~>:.:j "-{..... ~'.' '~.' ,"': .'...., '. . "." i ,'" ,', . '. _ ,-" " _ ". , .,.,. -~ ., ..", . ..... ':,' . , ".1' :""-'^,': ',..,." .'-:', : ',_' " ".
Iii the case. 6f multiP.fe;panJUihdles, in Subdivisioris,cej'nstruction of necessary:,utilitid to senie all
, ,"~' '~K",: c':''';''-] . ~ "~~_:_"'1.,~ ' -'.....> :," <.' . ' '. _ ,~ :'., " . .,' , '; - _ ..'. "},..:cr'I" :,-';",~r."~,';';" ,,' -'"\..'
appro,vf!~ f~fJ.qnal~!:1!,s/!!a.tsrNtii1~1 occ.ur pr!ortor~c.~rdin~'t~ePllJ~,' .'E1!'i;:~;?>.;; .... '.-
D. Block lenKfhfor/ocai:s.treets.,s anpecified In SectIOn 4.2' 115,.... .". ;" ;. )i~",'<l.', ..';,; ",'.
Springfield Development Code Section 3.2-215 lists the Parcels sizes for Urbanizable Fringe areas as:
I ;':,,: ~i(lJ$rJO..g'c:e:f;r2;g'ct~~~Pl.l<<ittl,ineet ih.e~a;iia.:1f?'J,#i~C#. oj')~is:.J,~f.t(?,f;:~~~~:fPpi;ove4 thr6..ugh ]
. ine, piil:.tj!ip'ffpr,o.c.essJjJ~~ifie?J1jS~c'ijqn .5) 2~ 1 OO;J;).;~.~;L.1~~~~,_r~I:~~i':: i~~::~:;::,'f~,-'~~'H~' ~~;~~;~;S~~~12~'~;~ ~1ii~';,:~~:;..~~i.'~"~:~,~;J:.,_
This application is being applied for approval through the Partition process. The Code lists the LOR
minimum Parcel size for bulb portion of a cul-de-sac as 6000 square feet with a minimum street frontage
of 35 feet and Single Panhandle Parcel size as 4500 square feet with a minimum street frontage of 20
feet. Proposed Parcel 1 adjoins the cul-del,sac with a frontage of 62 feet and is approximately 18,380
square feet. Proposed Parcel 2 adjoins the cul-de-sac via a 30 foot wide panhandle and has a frontage
of 33' on the cul-de-sac. Parcel 2 is approximately 24,140 square feet without the two panhandle
portions.
Redivision is not possible on either Parcel since each is serviced by an onsite septic ~em.
Date ceived:
Original Submittal
Helfrich Application Nar~ative
Date Recelved:..l.!~700of
Planner: AL . T ~
Page 2 of 11
5.12-120 Tentative Plan Submittal Requirements. A Tentative Plan application shall contain the
dements necessary to demonstrate that the provisions of this Code are beingfuljilled .
A. General Requirements.
1. The Tentative Plan, including any required Future Development Plan, shall be prepared by
an Oregon Licensed Land Surveyor on standard sheets of 18" x 24". The services of and Oregon
registered Engineer may also be required by the City in order to resolve utility issues (especially
stormwater management, street design and transportation issues), and site constraint and/or water
quality issues.
2. The scale of the Tentative Plan shall be appropriate to the area involved and the amount of
detail and data, normally]" = 50.', ]"= 100', or 1" =200'.
3. A north arrow and the date the Tentative Plan was prepared
The tentative Plan has been prepared by an Oregon Licensed Land Surveyor, and the stonnwater
management plan has been prepared by an Oregon Licensed Engineer, The Site Assessment
map is drawn at 1"=40', the Tentative Plan map is drawn at I" = 40' both maps are on 18"x24"
media with north arrows on each. The Tentative Plan Map is attached to this Application.
I 4. The name and address of the owner, applicant, if different, and the Land Surveyor and/or
Engineer who prepared the Partition Tentative Plan.
The names and address of the Owner, Applicant, and Land Surveyor are on page one(l) of the
Land Division Tentative Plan Application Fonn.
I 5. A drawing of the boundaries of the entire area owned by the partitioner or subdivider of
which the proposed land division is a part. ..
The boundaries of the area owned by the partition are as shown on the Tentative Map attached to
this application.
I 6. City boundaries, the Urban Growth Boundary (UGB) and any special service disthct
boundaries or railroad right-ofway, which .cross or abut the proposed land division.. , . . '.
The Urban Grown Boundary runs along the northerly line of the property and is shown on the
attached Tentative Plan Map.
.,. 7. Applicab!e ~o.ning districts and the. Metro Plan designatio.n o.f the proposed land di~iSi.o.!l1
andof propertIes wIthm 100 fiet of the boundary of the subject pro.perty. . , . :
The property and adjacent properties are zoned Low Densisty Residential (LDR) with an
Urbanizable Fringe Overlay. (UF-lO). Properties and their Zoning District and Metro Plan
designations are shown on the Tentative Plan Map.
8. The dimensions (in fiet) and size (either in square fiet or acres) of each lot/parcel a"nilthe .
approximate dimensions of each building site, where applicable, and the top and toe of cut 'and fill
. slopes to. scale, "',.' . . ')i ~~. >
The dimensions of the proposed lots are shown on the Tentative Plan map, The site is nearly
level therefore building sites and top and top of cut and fill is not applicable to this site. No
grading is proposed as part of this application. '
~ AUG 2 2008
Helfrich Application N~I@eReceived: II /VdBe..i?.-. M
Planner: AL Original submittal
Page 3 of 11
I 9. The location, outline to scale and present use of all existing structures to remain on the I
property after platting and their required setbacks from the proposed new property lines.
A building perrriit as been approved for a new structure on Parcel 2, the building footprint is
shown. Setback lines are shown on the Tentative Plan Map, .
10. The location and size of existing and proposed utilities and necessary easements and
dedications on and adjacent to the site, including but not limited to sanitary sewer mains, stormwater
management systems, water mains, power, gas, telephone, and cable Tv. Indicate the proposed
connection points.
The location of existing utilities are shown on the Tentative Plan Map attached to this
Application. Utilities are as marked per Locate Ticket #8030715 and city as-built mapping.
Utilities necessary to service proposed Parcel 2 will be located within the 10' Utility Easement as
shown on the Tentative Plan Map.
I 11. The locations widths and purpose of all existing or proposed easements on and abutting I
the proposed land division; the location of any existing or proposed reserve strips. '
Easements affecting the subject property as determined by the Preliminary Title report are shown
on the Tentative Plan Map, The easement documents are not specific as to location or width.
The approximate locations of the easements are shown as determined by record information or as
constructed utility lines marked per Locate Ticket #8030715. A 10' Utility Easement is
proposed to serve Parcel 2. No reserve strips are proposed, The two EWEB easements are
proposed to be vacated since the existing electric line has been relocated along the south and east
property line. .
I . 12. .The locations of all areas to be dedicated or reserved for public use, with the purpose, .1
condition or limitations of the reservations clearly indicated .' .
No public dedications are proposed.
B. A Site Assessment of the entire development area, The Site Assessment shall be prepared by ari
Oregon Licensed Landscape Architect or Engineer and drawn to scale with existing contours at one-
foot interv~ls and percent of slope that precisely maps and delineates the areas described below,
Proposed modifications to physical features shall be clearly indicated. The Director may w~ive
portions of this requirement if there is a finding that the proposed development will not have." an
adverse impact on physical features or water quality, either on' the site or adjacent to the' site.
Information requiredfor adjacent properties may be generalized to show the corinectio~ t9 physical
featUres. A Site Assessment shall contain the following information. . "
The Site Assessment map has been prepared by an Oregon Licensed Engineer and is attached to
this Application,
~~:
Date
AU6 2 7 008
t1r;L
Helfrich Application Narrative
Original submIttal
Page 4 of 11
Date Received: / / /,.., / ;)oo?,
Planner: AL "7/
1. The name, location, dimensions, direction of jlow and top of bank of all watercourses that
are shown on the Water Quality Limited Watercourses (WLQw) Map on file in the Development
Services Department;
2. The 100-year jloodplain and jloodway boundaries on the site, as specified in the latest
adopted FEMA Flood Insurance Maps or FEMA approved Letter of Map Amendment or Letter of
Map Revision;
The property is Located within FEMA Flood Hazard Zone AE as shown on Map 41039Cl153 F,
.effective Date June 2, 1999, with an approximate Base Flood Elevation of 452', There are no
WLQW mapped on this site.
3. The Time of Travel Zones, as specified in Section 3,3-200 and delineated on the Wellhead
Protection Areas Map onfile in the Development Service Department;
4. Physical features including, but not limited to significant clusters of trees and shrubs,
watercourses shown on the (WLQw) Map and their riparian areas, wetlands, and rock outcroppings;
and
Trees large then 6" diameter are shown on the Site Assessment Map. The time of travel zone
was reported by the City as 5-99 years in the stormwater scoping sheet. This information is also
noted on the attached Stormwater Management Plan.
5. Soil types and water table information as mapped and specified in the
Soils Survey of Lane County.
The NRCS identifies the site soils as predominately Malabon Silty Clay Loam, NRCS soil types.
are shown on the attached Site Assessment map.
Original Submittal
Date Received:
Planner: AL
II 17 /;JQtif'
/ /
Helfrich Application Narrative
Page 5 of II
C. A Stormwater Management Plan drawn to scale with existing contours at one.joot intervals and
percent of slope that precisely maps and addresses the iriformation described below. In areas where
the percent of slope is 10 percent or more, contours may be shown at five.joot intervals. This plan
shall show the.stormwater management system for the entire development area, Unless exempt by the
Public Works Director, the City shall require that an Oregon licensed Civil Engineer prepare the
plan. Where plants are proposed as part of the stormwater management system, an Oregon Licensed
Landscape Architect may also be required, The plan shall include the following components:
L Roof drainage patterns and discharge locations; .
2. Pervious and impervious area drainage patterns;
3. The size and location of stormwater management systems components, including but not
limited to: drain lines, catch basins, dry wells and/or detention ponds; stormwater quality. me~ures;
and natural drainageways to be retained;
4. Existing and proposed site elevations, grades and contours; dnd .
5. A stormwater management system plan with supporting calculations and documentation as
required in Section 4.3-110 shall be submitted supporting the proposed system, The plan, calculations
and documentation sholl be consistent with the Engineering DesignS Standards and Procedures
Manual to allow staff to determine if the proposed stormwater management system will accomplish its
purposes,
The storrnwater management plan is attached. One foot contours are shown and no additional
grading is proposed. Currently the end of the street is gravel and the access driveway is graveL
No additional paving is being proposed. Pervious area drainage generally flows towards the
drainage ditch and the river (overland sheet flow arrOWS are shown on the plan). There is one
existing 36" public storrnwater pipe and drainage ditch. The new homes wm tie into the existing
ditch system with 4" stormdrain piping in compliance with Lane County 'Facility Permit
#080301. No grading is proposed, and the existing grades are shown.
All of the information required by the Section 4.3-110 is shown on the attached 18x24
Stormwater Management Plan. The stormwater scoping sheet returned from the city is attached
to this application,
D. A Response to Transportation issues complying with the provisions of this Code. .
1. The locations, condition, e,g., fully improved with curb, gutter and sidewalk, AC mat, or
gravel, widths and names of all existing streets, alleys, or other rights-of-lvay within or. adjacent'tii the,
proposed land division; , , . . .
The location and type of road surfaces are shown on the Site Assessment Map, There are no
sidewalks on or adjacent to the site,
2. The locations, widths and names. of all proposed streets andother rights~of-way to inclUde
the approximate radius of curves and grades. The relationship of all propo~ed sti-eets to any projeCted
streets as shown on the Metro Plan, including the TransPlan, any approved Conceptual Development
Plan and the latest version of the Conceptual Local Street Map; ..
The radius of the cul-de-sac is shown on the Site Assessment and Tentative Plan Maps. There
are no proposed streets shown for this area in the Metro Plan.
Helfrich Application Narrative
Original Submittal
AUG27
Date Received: l/f~laoOtf
Planner: AL
~age6ofll
3. The locations and widths of all existing and proposed sidewalks, pedestrian trails and
accessways, including the location, size tmd type of plantings and street trees in any required planter
strip;
There are no proposed sidewalks, trails, or accessways.
I 4. The location of existing and proposed traffic control devices, fire hydrants, power poles, I
transformers, neighborhood mailbox units and similar public facilities, where applicable; .
There two existing electrical transformers shown on the Site Assessment Map and a fire hydrant
at the southeast corner of Hayden Bridge and 215t Street. There are no existing or proposed
traffic control devices, power poles, mailbox units or other facilities on this site.
5. The location and dimensions of existing and proposed driveways, where applicable;
There is an existing 10' wide gravel drive servicing the existing dwelling. The proposed
driveway to Parcel I is shown on the Tentative Plan Map,
. . 6.. The location of existing and proposed street lighting: including the type, height and area if I
IllummatlOn; ...,
There are no existing or proposed street lights on this site,
7. The location of existing and proposed transit facilities;
There are no existing or proposed transit facilities on this site.
.1 8. A copy of a Right-of- Way Approach Permit application where the property has frontage .on I
an Oregon Department of Transportation (ODOT) facility; and .
Not applicable to this site.
I . . 9. A Traffic Impact Study prepared by a Traffic Engineer, where. necessary, as specified it! 1
Sect/on 4.2-105A.4, . .'
Not applicable to this site. The Public Works Director has not determined that a Traffic Impact
Study is necessary and the proposed division would not generate 500 or more vehicle trips per
day. According to the Institute of Transportation Engineers Trip Generation Informational
Report an additional dwelling resulting from this division will generate an increase in daily trips
of9.57.
Date Recaived:.......~.l~/ 8<'l7d'
Planner: AL
Helfrich Application Narralive.
Page 7 of 11
E. A Future Development Plan. Where phasing or large lots/parcels are proposed, the Tentative Plan
shall include a fluture Development Plan that:
1. Indicates the proposed redivision, including the boundaries and sequencing of each
proposed redivision at minimum urban density for proposed phasing, any lot/parcel that is large
enough to fUrther divide, or a plot plan showing building foot prints for MDR and HDR minimum
densities;
1. Addresses street connectivity between the various phases of the proposed development
based upon compliance with . TransPlan, the Regional Transportation Plan (RTP), applicable
Refinement Plans, Plan Districts, Master Plans, Conceptual Development Plans, or the Conceptual .
Local Street Map and this Code; .
. 3. Accommodates other required public improvements, including but not limited to, sanitary
sewer stormwater management, water and electricity;
4. Addresses 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 outcrop pings and historicfeatures; and
5. Discusses the timing and financial provisions relating to phasing.
.,
No additional Development is planned for this site.
F. Additional information and/or applications required at the time of Tentative Plan application
submittal shall include the following items, where applicable: .
1.A brief narrative explaining the purpose of the proposed land division and the existing use
of the property,
This application is for tentative approval to divide a 1.1 acre parcel into two parcels of .65 acre
and .45 acre, The property is currently zoned Low Density Residential (LDR) with an
Urbanizable Fringe Overlay (UF-IO). The site is in Lane County but is within the urban growth
boundary of Springfield. The applicant is not planning to annex the property.The property .is
used for residential purposes and currently has a single family dwelling,
I 1. If the applicant is not the property owner, written permission from the property ownelis.
required .. ,. , .
The owner has signed the Land Division Tentative Plan Application Form,
3. A Vicinity Map drawn to scale showing bus stops, streets, driveWays, 'peilesrrian
connections, fire hydrants and other transportation/fire access issues within 200 feet ofike 'propose4
land division and all existing Partitions or Subdivisions immediately' adjacel}t to thii'J5foPo~e~JJii{J
division. .,' .,.<... .:.:.<'.
A vicinity map has been included on both the Site Assessment & Tentative Plan Maps. There
are no fire hydrants within 200' of the property, There are no partitions adjacent to the site,
Subdivisions adjacent to the site are shown on the Tentative Plan Map.
4. How the Tentative Plan addresses the standards of any applicable overlay District, . . . I
The Urbanizable Fringe District criteria are discussed under Tentative Plan - General Item "D".
- Date Received:ll4/)oO,.f"
Planner: AL
Dat~ R e@ii1~d:
AUGZ 7 2008
Original Submittal tl,;z.
Page 8 of 11
Helfrich Application Narrative
5. How the Tentative Plan addresses Discretionary Use criteria, where applicable.
6. A Tree Felling Permit as specified in Section 5.19-100.
No discretionarY Use or Tree Falling is sought for this application,
7. A Geotechnical Report for slopes of 15 percent or greater and as specified in Section 3.3-
500, and/or if the required Site Assessment Section 5.12-120 indicates the proposed development area
has unstable soils and/or high water table as specified in the Soils Survey of Lane County.
There are no slopes greater than 15 percent or unstable soils or high water table as specified in
the Soils Survey of Lane County.
I 8. An Annexation application as specified in Section 5,7-.100 where a development is proposed I
outside of the city limits but within City's urban service area and can be serviced by sanitary sewer.
The site is outside the city limits but within the Urban Growth Boundary however there are no
sanitary sewer within 300' of this site therefore an Annexation application has not be provided.
I 9. A wetland delineation approved by the Department of State Lands shall be submitted I
concurrently where there is a wetland on the property, .
The National Wetlands Inventory, as mapped by the Lane County Maps application, does not
show wetlands on the site.
I 10. Evidence that any required Federal or State permit has been applied for or approved shall I
be submitted concurrently
No federal or State permits have been determined to be necessary for this application,
I. 11. All public improvements proposed to be installed and to include the approximate time of I
installation, and method of financing. ' . . .
No public improvements have been proposed for the application.
12. A title report prepared within one month of the date of submittal.
A preliminary title report is included and attached to this application.
I apjJropr~:;eProposed deed restrictions and a draft of a Homeowner 's AS,~~ciation A~~e~~~t,.,where I
No deed restrictions are proposed.
I. ,14. If the land division is to be phased, a Future Development Planfor the remainder oft~e I
property shall be provided, including timing and financial provisions. . .
This development will not be phased.
Helfrich Application Narrative
Jl/ j:. AUG Z
Date Received:..!.f~j Joo f
Planner: AL Original Submltta \ a)::'
Page 9 of II
oat; ceived:
2008
G. The locations and widths of all existing and proposed sidewalks, pedestrian trails and acces-iways,
including the location, size and type of plantings and street trees in arryrequired planter strip,
There are no proposed sidewalks, trails, oraccessways,H. The approximate lot/parcel layout and the
approximate dimensions of each building site, where applicable, and the top and toe of cut and fill
slopes to scale.
The dimensions of the proposed lots are shown on the Tentative Plan map. The site is nearly
level therefore building sites and top and top of cut and fill is not applicable to this site. No
grading is proposed as part of this application.
I. The locations and size of all existing and proposed utilities, including but not limited to, sanitary
sewer mains, storm drains, water lines, electric, telephone, TV cable, and gas lines. In the 'case of
multiple panhqndles, include a utility plan showing how the multiple panhandle parcels will be served
by these utilities,
The location of existing utilities are shown on the Site Assessment map attached to this
Application. Utilities are as marked per Locate Ticket #8030715 and city as-built mapping.
Utilities necessary to service proposed Parcel 2 will be located within the 10' Private Joint Use
Access and Utility Easement as shown on the Tentative Plan Map,
I J. The location, widths and purpose'of all existing or proposed easements on and abutting the I
proposed land division; and the location of any existing or proposed reserve strips. ..
Easements affecting the subject property as determined by the Preliminary Title report are shown
on the Site Assessment Map, The easement documents are not specific as to location or width,
. The approximate locations of the easements are shown as determined by record information or as
constructed utility lines marked per Locate Ticket #8030715. A 10' Private Joint Use Access
and Utility Easement is proposed to serve Parcel 2, No reserve strips are proposed, The two
EWEB easements are proposed to be vacated since the existing electric line has been relocated
along the south and east property line.
I K '0e focations of all ar~as to be ded!cated or reserved for public use, with the purpose, condition or I
limItations of the reservatIOns clearly indIcated . .... .
No public dedications are proposed.
I L The dimensions of the proposed lots/parcels to include squarefootage calcUlations.
I
The dimensions of the proposed lots are shown on the Tentative Plan map. The site is nearly
level therefore building sites and top and top of cut and fill is not applicable to this site, No
grading is proposed as part of this application.
1M The location and outline to scale of all existin!! structures to remain on the property and their I
reqUIred setbacks from the proposed new property lmes. . . . . . , .. . . .
A building permit as been approved for a new structure on Parcel 2, the building footprint is
shown. Setback lines are shown on the Tentative Plan Map.
I No Cluster Subdivisions shall also address the design standards'spe~ed in Section 3.2-230. " " '.1
, ,
Original Submittal
PagelO af II
Not applicable to this site.
. .. Dftt~
Date Received: / j!tjl,IcPr
Planner: AL ..... AUG 2
Helfrich Application Narrative
O. Where the Subdivision of a manufactured dwelling park or mobile home park is proposed, the
Director may waive certain submittal requirements specified in Subsections A. through M However,
the Tentative Plan shall address the applicable standards listed under the park Subdivision approval
criteria specified in Section 5,12-125.
Not applicable to this site.
III ATTACHMENTS
1. Type II Land Division Tentative Application
2. Narrative
3.
4.
5.
6,
7.
.8,
9.
Copy of Deed
Copy of Preliminary Title Report
Land Division Tentative Plan (8Y,"xll")
Three (3) copies of Stormwater Scoping Sheet
(",,''1>. f'
Seven 7) copIes 0 Site Assessment Map
Seven (:11 c~pies of Land Division Tentative Plan Map,
Seven '1) 'topies of Storrnwater Management System Study &Stormwater Management
Plan (all on one sheet)
~.
..,-:..0-
Date/ Received: /11;7~
Planner: AL -7-7
Helfrich Application Narrative.
Page II of II
Form No. 1402.06
ALTA Owner's Policy (6-17-06)
tl00302POS0600
Policy No.: 7191-1094379
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
Any notice of claim and any other notice or statement in'writing required to be given to the Company under this policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
Title insurance Company of Oregon
dba ARST AMERICAN TITlE INSURANCE COMPANY OF OREGON
~-r;;-;."'.',
or-_ ....,Tn "of
. ...""
. .
!
~
/I! 1/ (J<1t:tf
/
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS
FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDmONS, FIRST. AMERICAN lTTlE INSURANCE COMPANY, a
California corporation (the "CompanYJ insures, as of Date of Policy
and, to the extent stated in Covered Risks 9 and 10, after Date of
Policy, against loss or damag"e, not exceeding the Amount of
Insurance, sustained or incurred by the Insured by reason of:
1. litle being vested other than as stated In Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered
Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue Influence, duress, incompetency,
Incapadty, or impersonation;
(Ii) failure of any person or Entity to have authorized a
transfer or conveyance;
(Iii) a document affecting Trt:le not property created,
executed, witnessed, sealed, ack.nowledged, notarized, or
delivered;
(Iv) failure to perform those acts necessary to create a
document by electronic means authorized by lawi
(v) a document executed under a falsified, expired, or
othelWise invalid power of attorneYi
(vi) a document not properly filed, recorded, or indexed in
the Public Records including failure to perform those acts
by electronic means authorized by law; or
(vii) a defective judldal or administrative proceeding.
(b) The lien of real estate taxes or assessments Imposed on the
Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violatlon, variation, or
adverse drcumstance affecting the TltIe that would be
disclosed by an accurate and complete land survey of the
Land. The term "encroachment" indudes encroachments of
existing improverT.lents located on the l?nd onto adjoining
land, and encroachments onto the land of existing
improvements located on adjoining lan'd.
3. Unmarketable Title.
4. No right of access to and from the land.
5. The violation or enforcement of any law, ordinance, pelTTlit, or
governmental regulation (Induding those relating to building and
zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the landi
(b) the character, dimensions, or location of any improvement
erected on the landi
By:
Attest:
Date Received'
Planner: AL
(c) the subdMslon of landi or
Cd) environmental protection
if a notice, deSCribing any part of the land, is recorded in the
Public Records setting forth the violation or intention to enforce,
but only to the extent of the violation or enforcement referred to
In that notice.
6. An enforcement action based on the exercise of a governmental
police power not covered by Covered Risk 5 if a notice of the
enforcement' action, describing any part of the land, is recorded.
in the Public Records; but only to the extent of the enforcement
referred to in that notice.
7. The exercIse of the rights of eminent domain if a notice of the
exercise, describing any part of the land, is recorded in the
Public Records.
8. Any taking by a governmental body that has occurred and is
binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being
defective
(a) as a result of the avoidance in whole or in part, or from a
court order providing an alternative remedy, of a transfer of
aU or any part of the title to or any interest in the land
occurring prior to the transaction vesting Title as shown in
Schedule A because that prior transfer constituted a
fraudulent or preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights lawsi or
(b) because the Instrument of transfer vesting Title as shown in
Schedule A constitutes a preferentlal transfer under federal
bankruptcy, state Insolvency, or similar creditors' rights laws
by reason of the failure of its recording in the Public Records
(i) to be timely, or
(II) to impart notice of its existence to a purchaser for value
or to a judgment or lien creditor.
10. Any defect in or lien or enOJmbrance on the Title or other matter
included in Covered Risks 1 through 9 that has been created or
attached or has been filed or recorded in the Public Records
subsequent to Date of Policy and prior to the recording of the
deed or other instrument of transfer in the Public Records that
vests Title as shown In Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses
incurred in defense of any matter Insured against by this policy, but
only to the extent provided In the Conditions. .
President
Secretary
'~...
S~.
1:',". AUG 2 2008
Origlnsl Submltta\ ;;1 L
Fonn No. 1402.06
ALTA Owner's Policy (6-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and
the Company will not pay loss or damage, costs, attorneys' fees, or expenses that
arise by reason of:
1. (a) Any law, ordinance, pennit, or governmental regulation (including those
relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on
the land;
(Hi) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental
regulations. This Exclusion l(a) does not modify or limit the coverage provided
under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not modify or
limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the
coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Caimant;
(b) not Known to the Company, not recorded in the Public Records at Date of
Policy, but Known to the Insured Oaimant and not disclosed in writing to
the Company by the Insured Claimant prior to the date the Insured
Qaimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Oaimant;
(d) attaching or created subsequent to Date of POlicy (however, this does not
modify or limit the coverage provided under Covered Risks 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the
Insured Oaimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency,
or similar creditors' rights laws, that the transaction vesting the Title as shown
in Schedule A, is
(a) a Fraudulent conveyance or Fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this
policy.
5. Any lien on the Title for real estate taxes or assessments imposed by
governmental authority and created or attaching between Date of Policy and
the date of recording of the deed or other instrument of transfer in the Public
Records that vests Title as shown in Schedule A.
CONomONS
1. OEFINmON OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as may be
increased or decreased by endorsement to this policy, increased by
Section 8(b), or decreased by Sections 10 and 11 of these,Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company, or
other similar legal entity.
(d) "Insuredn: The Insured named in Schedule A.
(i) The term nInsuredn also. includes
(A) successors to the Title of the Insured by operation of law as
distinguished from purchase, induding heirs, devisees, survivors,
personal representatives, or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation,
distribution, or reorganIzation;
(q sua::essors to an Insured by its conversion to another Idnd of
Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying the Title
(1) if the stock, shares, memberships, or other equity interests
of the grantee,are wholly-owned by the named'Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated Entity of the
named Insured, provided the affiliated Entity and the
named Insured are both wholly-owned by the same person
or Entity, or
(4) if the grantee is a trustee or benefidary of a trust created
by a.written instrument established by the Insured named
in Schedule A for estate planning purposes.
Policy Page 2
Policy Number: 1094379
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights
and defenses as to any successor that the Company would have had
against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) .KJ"lOwledgen or nKnown": Actual knowledge, not constructive knowledge
or notice that may be imputed to an Insured by reason of the Public
Records or any other records that impart constructive notice of matters
affecting the Title.
(g) nLand": The land described in Schedule A, and affIxed improvements that
by law constitute real property. The term nland" does not include any
property beyond the lines of the area described in Schedule A, nor any
right, title, interest, estate, or easement in abutting streets, roads,
avenues, alleys, lanes, ways, or waterways, but this does not modify or
limit the extent that a right of access to and from the land is insured by
this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other security
instrument, including one evidenced by electronic means authorized by
law.
(i) .Public Records": Records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without Knowledge. With
respect to Covered Risk 5(d), .Public Reoordsn shall also indude
environmental protection liens filed in the records of the clerk. of the
United States District Court for the district where the Land is located.
(j) "Title": The estate or interest described in Schedule A.
(k) .Unmarketable Title": Tilje affected by an alleged or apparent matter that
would permit a prospective purchaser or lessee of the Title or lender on
the Title to be released from the obligation to purchase, lease, or lend if
there is a contractual condition reqUiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor
of an Insured, but only so long as the Insured retains an estate or interest in the
Land, or holds an obligation secured by a purchase money Mortgage given by a
purchaser from the Insured, or only so long as the Insured shall have liability by
reason of warranties in any transfer or conveyance of the Title. This policy shall not
continue in force in favor of any purchaser from the Insured of either (i) an estate
or interest in the Land, or (il) an Obligation secured by a purchase money Mortgage
given to the Insured.
.3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge
shall come to an Insured hereunder of any daim of title or interest that is adverse
to the litle, as insured, and that might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is
rejected as Unmarketable Title. If the Company is prejudiced by the failure of the
Insured Claimant to provide prompt notice, the Company's liability to the Insured
Oaimant under the policy shall be reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or
damage, the Company may, at its option, require as a condition of payment that
the Insured Claimant Furnish a signed proof of loss. The proof of loss must describe
the defect, lien, encumbrance, or other matter insured against by this policy that
constitutes the basis of loss or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF AcnONS
(a) Upon written request by the Insured, and subject to the options contained
in Section 7 of these Conditions, the Company, at its own cost and without
unreasonable delay, shall provide for the defense of an Insured. in
litigation in which any third party asserts a claim covered by this policy
adverse to the Insured. This obligation is limited to only those stated
causes of action alleging matters insured against by this policy. The
Company shall have the right to select counsel of its choice (subject to the
right of the Insured to object for reasonable cause) to represent the
Insured as to those stated causes of action. It shall not be liable for and
will not pay the Fees of any other counsel. The Company will not pay any
fees, costs, or expenses incurred by the Insured in the defense of those
causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, In addition to the options contained in
Date Received:
Planner: AL
/'/7400!
/ /
First American Tltle Insurance Company of Oregon
Original Submittal
Fonn No. 1402.06
ALTA Owner's Policy (6-17-06)
Section 7 of these Conditions, at its own cost, to institute and prosecute
any action or proceeding or to do any other act that in its opinion may be
necessary or desirable to establish the Title, as insured, or to prevent or
reduce loss or damage to the Insured. The Company may take any
appropriate action under the terms of this policy, whether or not it shall
be liable to the Insured. "The exercise of these rights shall not be an
admission of liability or waiver of any provision of this policy. If the
Company exercises its rights under this subsection, it must do so
diligently.
(c) Whenever the Company brings an action or asserts a defense as required
or permitted by this policy, the Company may pursue the litigation to a
final determination by a court of competent jurisdiction, and it expressly
reserves the right, in its sole discretion, to appeal any adverse judgment
or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the COmpany to
prosecute or provide for the defense of any action or proceeding and any
appeals, the Insured shall secure to the Company the right to so
prosecute or provide defense in the action or proceeding, including the
right to use, at its option, the name of the Insured for this purpose.
Whenever requested by the Company, the Insured, at the Company's
expense, shall give the Company all reasonable aid (i) in securing
evidence, obtaining witnesses, proseOJting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful act that in
the opinion of the Company may be, necessary or desirable to establish
the Title or any other matter as insured. If the Company is prejudiced by
the failure of the Insured to furnish the required cooperation, the
Company's obligations to the Insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such
cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to
examination under oath by any authorized representative of the Company
and to produce for examination, inspection, and copying, at such
reasonable times and places as may be designated by the authorized
representative of the Company, all records, in whatever medium
maintained, including books, ledgers, checks, memoranda,
correspondence, reports, e-mails, disks, tapes, and videos whether
bearing a date before or after Date of Policy, that reasonably pertain to
the loss or damage, Further, if requested by any authorized
representative of the Company, the Insured Claimant shall grant its
permission, in writing, for any authorized representative of the Company
to examine, inspect, and copy all of these records in the custody or
control of a third party that reasonably pertain to the loss or damage. All
information designated as confidential by the Insured Oaimant provided
to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the Insured Oaimant to submit for
examination under oath, produce any reasonably requested information,
or grant permission to secure reasonably necessary information from third
parties 'as required in this subsection, unless prohibited by law or
governmental regulation, shall terminate any liability of the Company
under this policy as to that claim.
'7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION
OF UABIUTY
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the Amount of Insurance under this policy
together with any costs, attorneys' fees, and expenses incurred by the
Insured Oaimant that were authorized by the Company up to the time of
payment or tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other than to
make the payment required In this subsection, shall terminate, induding
any liability or obligation to defend, prosecute, or continue any litigation.
(b) To Payor Otherwise Settle With Parties Other Than the Insured or With
the Insured Oaimant.
(i) To payor otherwise settle with other parties for or in the name of an
Insured Oaimant any claim insured against under this policy. In
addition, the Company will pay any costs, attorneys' fees, and
expenses incurred by the Insured Oaimant that were authorized by
the Company up to the time of payment and that the Company is
obligated to pay; or
(Ii) To payor otherwise settle with the Insured Oaimant the loss or
damage provided for under this policy, together with any costs,
Policy Page 3
Policy Number: 1094379
attorneys' fees, and expenses incurred by.the Insured Claimant that were
authorized' by the Company up to the time of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
subsections (b)(i) or (ii), the Company's obligations to the Insured under this
policy for the claimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, proseOJte,
or continue any litigation.
8. DETERMINATION AND EXTENT OF UABILITY
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the Insured Oaimant who has suffered Joss or damage by
reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy
shall not exceed the lesser of
(i) the Amount of Insurance; or
(il) the difference between the value of the Title as insured and the value
of the Title subject to the risk. insured against by this policy,
(b) If the Company pursues its rights under Section 5 of these Conditions and
is unsuccessful in establishing the Title, as insured, "
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Oaimant shall have the right to have the loss or damage
determined either as of the date the claim was made by the Insured
Oaimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will
also pay those costs, attorneys' fees, and expenses incurred in accordance
with Sections 5 and 7 of these Conditions. .
9. UMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect, lien,
or encumbrance, or cures the" lack of a right of access to or from the
land, or cures the claim of Unmarketable Title, an as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals, it shall have fully performed its obligations
with respect to that matter and shall not be liable for any loss or damage
caused to the Insured,
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals, adverse to the Title,
as insured.
(c) The Company shall not be liable for loss or damage to the Insured for
liability voluntarily assumed by the Insured in seWing any claim or suit
without the prior written consent of the Company.
10. REDUCTlON OF INSURANCE; REDUcnON OR TERMINATION OF
UABILITY
All payments under this policy, except payments made for costs, attorneys'
fees, and expenses, shall reduce the Amount of Insurance by the amount of the
payment
11. UABIUTY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays
under any policy insuring a Mortgage to which' exception is taken in Schedule B or
to which the Insured has agreed, assumed, or taken subject, or which is executed
by an Insured after Date of Policy and which is a charge or tien on the Title, and
the amount so paid shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in
accordance with these Conditions, the payment shall be made within 30 days,
13. R1GKTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under this
pollcy, it shall be subrogated and entitled to the rights of the Insured
Oalmant in the Title and all other rights and remedies in respect to the
claim that the Insured Oaimant has against any person or property, to the
extent of the amount of any loss, costs, attomeys' fees, and expenses
paid by the Company. If requested by the Company, the Insured Claimant
shall execute documents to evidence the transfer to the Company of these
rights and remedies. The Insured Claimant shall permit the Company to
sue, compromise, or settle in the name of the Insured Claimant and to
use the name of the Insured Oaimant in any transaction or litigation
invoMng these rights and remedies.
If a payment on account of a daim does not fully cover the loss of the
Insured Claimant, the Company shall defer the exe "se of its right to
recover until after the Insured Oaimant shall hoatee ec'ived:
Date Received: 'I;; 7/ :)o<>J'
Planner: AL -'h
Rrst American TItle Insurance Company of Oregon
Fonn No. 1402.06
ALTA Owne~s Policy (6-17-06)
(b) The Company's right of subrogation includes the rights of the Insured to
indemnities, guaranties, other policies of insurance, or bonds,
notwithstanding any tenns or conditions contained in those instruments
that address subrogation rights.
14. ARBITRAllON
Either the Company or the Insured may demand that the daim or controversy
shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of
the American land TlI:le Association rRules"). Except as provided in the Rules,
there shall be no joinder or consolidation with daims or controversies of other
persons. Arbitrable matters may include, but are not limited to, any controversy or
daim between the Company and the Insured arising out of or relating to this
policy, any service in connection with its issuance or the breach of a policy
provision, or to any other controversy or claim arising out of the transaction giving
rise to thiS policy, All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the
Insured. All arbitrable matters when the Amount of Insurance is in excess of
$2,000,000 shall be arbitrated only when agreed to by both the Company and the
Insured. Arbitration pursuant to this policy and under the Rules shall be binding
upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be
entered in any court of competent jurisdiction.
15. UABIUTY UMITED TO THIS POUCYj POUCV ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by the
Company is the entire policy and contract between the Insured and the
Company. In interpreting any provision of this policy, this policy shall be
construed as a whole. .
(b) Any claim of loss or damage that arises out of the status of the Title or by
any action asserting such claim shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and
authenticated by an authorized person, or expressly incorporated by
Schedule A of this policy.
Pouey Page 4
Policy Number: 1094379
(d) Each endorsement to.thls policy issued at any time is made a part of this
policy and is subject to all of its tenns and provisions. Except as the
endorsement expressly states, it does not (I) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsement, (Hi) extend the
Date of Policy, or (iv) increase the Amount of Insurance.
16. SEVERABILI1Y
In the event any provision of this policy, in whole or in part, is held invalid or
unenforceable under applicable law, the policy shall be deemed not to include that
provision or such part held to be invalid, but all other provisions shall remain in full
force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has underwritten
the risks covered by this policy and detennined the premium charged
therefor in reliance upon the law affecting interests in real property and
applicable to the interpretation, rights, remedies, or enforcement of
policies of title insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction
where the Land is located to det.ermine the validity of daims against the
Title that are adverse to the Insured and to interpret and enforce the
terms of this policy. In neither case shall the court or arbitrator apply its
conflicts of law prindples to detennine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the
Insured against the Company must be filed only in a state or federal court.
within the United States of America or its territories having appropriate
jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be
given to the Company under this policy must be given to the Company at 1 First
American Way, Santa Ana, CA 92707, Attn: Claims Department
POLICY OF TITLE INSURANCE
" M E II I
".,
1-
Original Submittal
Date Received'
Planner: AL
11//7 /;)o()!
/ /
Rrst American l1tIe Insurance Company of Oregon
Fonn No. 1402.06
ALTA Owne(s POlicy (6-17-06)
Policy Page 5
Poll.cy Number: 1094379
SCHEDULE A
First American Title Insurance Company of Oregon
Name and Address of TItle Insurance Company:
First American TItle Insurance Company of Oregon
600 Country Club Road
Eugene, OR 97401
File No.: 7191-1094379
Address Reference: 2833 20th Street, Springfield, OR 974~7
Amount of Insurance: $600,000.00
Date of Policy: September 06,2007 at 3:29 p.m.
Policy No.: 1094379
Premium: $1,500,00
1. . Name of Insured:
Dean Helfrich and Gayle D. Helfrich, Co-Trustees of the Helfrich Family Revocable Uving Trust
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. TItle is vested in:
Dean Helfrich and Gayle D. Helfrich, Co-Trustees of the Helfrich Family Revocable Uving Trust
4. The Land referred to in this policy is described as follows:
.
5ee Exhibit "A" attached hereto and made a part hereof
Original Submittal
Date Received: / I ~ 7/J<;iJf
Planner: AL r
Rrst American litle Insurance Company of Oregon
Form No. 1402.06
ALTA Owner's Policy (6-17-ll6)
"
Policy Page 6
Policy Number: 1094379
SCHEDULE B
File No.: 7191-1094379
Policy No:: 1094379
EXCEPTIONS FROM COVERAGE
This Policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees,
or expenses that arise by reason of:
1. Taxes or assessments which. are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records; proceedings
by a public agency which may result in taxes or assessments, or notices of such
. proceedings, whether or not shown by the records of such agency or by the public records.
2. Facts, rights, interests or ciaims which are not shown by the pubiic records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3, Easements, or daims or easement, not shown by the public records; reservations or exceptions
in patents or in Acts authorizing the issuance thereof; water rights, daims or title to water.
4. Any encroachment (of existing improvements located on the subject land onto adjoining land or
of existing improvements located on adjoining land onto the subject land), enOJmbrance,
violation, variation, or adverse circumstance affecting the title that would be disdosed by an
accurate and complete land survey of the subject land.
5. Any lien, or right. to a lien, for services, labor, material, equipment rentai or workers
compensation heretofore or hereafter furnished, imposed by law and not shown by the public
records.
6. Taxes for the fiscal year 2007-2008 a lien due, but not yet payable.
7. The assessment roll indicated a 2002 postponed farm tax. If the herein described property is
changed or modified to the extent that it can. no longer be farmed, an additional tax of
$1,403.03 will become due and payable.
(Account No. 1517703)
. 8. Rights of the public and of governmental bodies in and to that portion of the premises herein
described lying below the mean high water mark of McKenzie River and the ownership of the
State of Oregon in that portion lying below the high water mark of McKenzie River.
9. Any adverse claim based upon the assertion that some portion of said land has been removed
from or brought within the boundaries thereof by an avulsive movement of the McKenzie River or
has been formed by the process of accretion or reliction or has been created by artificial means
or has accreted to such portion so created.
10. The rights of the public in and to that portion of the premises herein described lying within the
limits of streets, roads and highways.
Date Received: 111;7/JrJOJ .,.,.... Da~ Received:
Planner: AL !' / . Il\
Rrst American lltIe Insurance Company of Oregon . AUG 2~ 2008
Or!C'lIl'!~! su~m!ttal_d./'
Form No. 1402.06
ALTA Owner's Policy (6-17-ll6)
Polley Page 7
Policy Number: 1094379
11. EaSement, including terms and provisions contained therein:
Recording Information: September 01, 1933 in Book 178, Page 158, Deed Records of
Lane County, Oregon
In Favor of: City of Eugene, by and through the Eugene Water Board
For: right of way
12. Boundary Line Agreement, including the terms and provisions thereof, executed by Signe F.
Andersen, and Baxter Fisher and Ann Fisher, recorded July 27, 1956, Reception No. 90919, Deed
Records of Lane County, Oregon. (East Line)
13, Easement, including terms and provisions contained therein:
Recording Information: December 26, 1973, Reception No. 73-57222, Official Records of
Lane County, Oregon
In Favor of: City of Eugene, for the use and benefit of the Eugene Water &
Electric Board
For: right of way
14. Easement, including terms and provisions contained therein:.
Recording Information: June 11, 1975, Reception No. 75-22936, Official Records of Lane
County, Oregon
In Favor of: City of Eugene, for the use and benefit of the Eugene Water &
Electric Board
For: right of way
15. Deed of Trust and the terms and conditions thereof.
Loan No.: undisclosed
Grantor/Trustor: Dean Helfrich and Gayle D. Helfrich, Co-Trustees of the Helfrich
Family Revocable Living Trust
Grantee/Beneficiary: Janet L. Michlanski
Trustee: First American TItle
Amount: $450,000.00
Dated: September 04, 2007
Recorded: September 06, 2007
Recording Information: 2007-062566
D~eceived:
AUG ~ 2008
Origloal S"\"L
Date Received: /i~/J<Jdt
Planner: AL
First American Trt:le Insurance Company of Oregon
Fonn No. 1402.06
ALTA Owner's Policy (6-17-06)
Policy Page 8
Policy Number: 1094379
EXHIBIT "A"
File No.: 7191-1094379.
Policy No.: 1094379
Real property in the City of Springfield, County of Lane, State of Oregon, described as follows:
PARCEL 1:
BEGINNING AT A POINT ON THE NORTHERLY PROJEmON OF THE WEST UNE OF THIRD ADDITION
TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26, LANE COUNlY, OREGON
PLAT RECORDS, SAID POINT BEING 485.78 FEET SOUTH 81047' 15" WEST AND 959.01 FEET SOUTH 00
07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOD DONATION LAND CLAIM NO. 51
IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILlAMETTE MERIDIAN; THENCE CONTINUING
SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJEmON OF THE SAID WEST UNE AND THE WEST
UNE OF THIRD ADDITION TO EL BONITA GARDENS AND THE WEST LINE OF SECOND ADDITION TO EL
BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNlY OREGON PLAT
RECORDS, 335.00 FEET TO THE INITIAL POINT OF RRST ADDITION TO PHYLLIS PARK, AS PLATTED
AND RECORDED IN BOOK 54, PAGE 14, LANE COUNlY OREGON PLAT RECORDS; THENCE ALONG THE
NORTH BOUNDARY OF THE SAID RRST ADDITION TO PHYLUS PARK, NORTH 890 53' WEST 110.45
FEET; THENCE NORTH 810 09' 05" WEST 60.70 FEET; THENCE NORTH 890 53' WEST 156 FEET;
THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 FEET FOR THE TRUE POINT OF
BEGINNING; THENCE NORTH 960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER; THENCE NORTH
830 EAST ALONG SAID RIVER, 331.40 FEET; THENCE SOUTH 930 FEET TO THE NORTHEAST CORNER
OF THE SECOND ADDITION TO PHYLUS PARK; THENCE NORTH 890 53' WEST 116.39 FEET; THENCE
SOUTH 650 l6' 27" WEST 61.37 FEET; THENCE NORTH 890 53' WEST 154.36 FEET TO THE POINT OF
BEGINNING IN LANE COUNlY, OREGON.
SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND:
A PARCEL OF LAND IN SEmON 24, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE
MERIDIAN IN LANE COUNlY, OREGON, BEGINNING AT A 5/8 INCH IRON ROD MARKING THE
NORTHWEST CORNER OF LOT 2 OF BLOCK 4 OF THE SECOND ADDITION OF PHYLUS PARK, AS
PLATTED AND RECORDED IN BOOK 61, PAGE 18, LANE COUNlY, OREGON PLAT RECORDS, SAID POINT
BEING THE TRUE POINT OF BEGINNING OF THAT PARCEL OF LAND DEEDED TO ANN D. FISHER AS
RECORDED JUNE 09, 1972 IN REEL 589R, RECEPTION NO. 3122, DEED RECORDS OF LANE COUNlY,
OREGON; RUN THENCE NORTH 00 07' EAST 282.43 FEET TO A 1/2 INCH IRON ROD; THENCE SOUTH
890 53' EAST 154.36 FEET TO A POINT WITNESSED BY A 1/2 INCH IRON ROD BEARING NORTH 890 53'
WEST 10.0 FEET; THENCE SOUTH 00 07' WEST 282.43 FEET TO A 1/2 INCH IRON ROD; THENCE NORTH
890 53' WEST 154.36 FEET TO THE POINT OF BEGINNING, IN LANE COUNlY, OREGON.
i
Date Received: / jJjhoo.f'
Planner: AL .
Rrst American Title Insurance Company of Oregon
Form No. 1402.06
ALTA Owne~s Policy (6-17-06)
Policy Page 9
Policy Number: 1094379
ALSO SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND:
BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST UNr OF THIRD ADDITION
TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN 'BOOK 52, PAGE 26, LANE COUNlY OREGON
PLAT RECORDS, SAID POINT BEING 485.78 FEET SOUTH 810 47' 15" WEST AND 959.01 FEET SOUTH 00
07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOTT DONATION LAND CLAIM NO. 51
IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING
SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST LINE AND THE WEST
UNE OF THIRD ADDITION TO EL BONITA GARDENS AND THE WEST LINE OFSECOND ADDITION TO EL
BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNlY OREGON PLAT
RECORDS, 335.00 FEET TO THE INITIAL POINT OF ARST ADDITION TO PHYLUS PARK,.AS PLATTED
AND RECORDED IN BOOK 54, PAGE 14, LANE COUNlY OREGON PLAT RECORDS; THENCE ALONG THE
NORTH BOUNDARY OF THE SAID ARST ADDITION TO PHYLUS PARK NORTH 890 53' WEST 110.45
FEET; THENCE NORTH 810 09' 05" WEST 60.70 FEET; THENCE NORTH 890 53' WEST, 156 FEET;
THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07' EAST 300 FEET TO A POINT; THENCE NORTH
960 FEET, MORE OR LESS, TO THE MCKENZIE RIVER AND THE TRUE POINT OF BEGINNING; THENCE
NORTH 830 EAST ALONG SAID RIVER 331.40 FEET; THENCE SOUTH 682.46 FEET; THENCE WEST 328.9
FEET; THENCE NORTH 641.96 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING, IN LANE
COUNlY, OREGON.
ALSO SAVE AND EXCEPT THEREFROM THAT PORTION DEDICATED FOR ROAD PURPOSES BY
INSTRUMENT RECORDED JANUARY 28, 1977,RECEPTION NO. 77-05380, OFFICIAL RECORDS OF LANE
COUNlY,OREGON. .
PARCEL 2:
B'EGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST UNE OF THIRD ADDITION
TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26 LANE COUNlY OREGON
PLAT RECORDS, SAID POINT BEING 485: 78 FEET. SOUTH 810 47' 15" WEST AND 959.01 FEET SOUTH 00
07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOTT DONATION LAND CLAIM NO. 51
IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING
SOUTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST UNE AND THE WEST
UNE OF THIRD ADDITION TO EL BONITA GARDENS AND THE WEST UNE OF SECOND ADDITION TO EL
BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNlY OREGON PLAT
RECORDS, 335.00 FEET TO THE INITIAL POINT OF ARST ADDITION TO PHYLUS PARK, AS PLATTED
AND RECORDED IN BOOK 54, PAGE 14, LANE COUNlY OREGON PLAT RECORDS; THENCE ALONG THE
NORTH BOUNDARY OF THE SAID ARST ADDITION TO PHYLUS PARK NORTH 890 53' WEST 110.45
FEET; THENCE NORTH 810 09' 05" WEST 60.70 FEET; THENCE NORTH 890 53' WEST 156 FEET;
THENCE LEAVING SAID PLAT BOUNDARY NORTH 00 07 EAST 300 FEET TO A POINT; THENCE NORTH
960 FEET,MORE OR LESS, TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RIVER
331.40 FEET; THENCE SOUTH 682.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 174.62
FEET; THENCE NORTH TO THE MCKENZIE RIVER; THENCE NORTH 830 EAST ALONG SAID RIVERTO A
POINT NORTH OF THE TRUE POINT OF BEGINNING; THENCE SOUTH 682.46 FEET TO THE TRUE POINT
OF BEGINNING, IN LANE COUNlY, OREGON.
APN: 0197317 and 4132005 and 1517703
First American Title Insurance Company of Oregon
Fonn No. 1402.06
ALTA Owner's Policy (6-17-1)6)
" .. Ill..,
~
. ~~fP! .
First American
September 26, 2007
Helfrich Family Revocable Living Trust
2587 North 19th Street
Springfield, OR 97477
Order Number:
TItle Officer:
Phone:
Fax No.:
E-Mail:
Escrow Officer:
Phone:
Fax No.:
E-Mail:
Property:
We enclose the following:
Owner's Policy
7191-1094379 (MGR)
Mike Rutherford
(541)484-2900
(541)485-7217
mgrutherford@firstam.com
Kim Spicer
(541)484-2900
(541)484-7321
kspicer@firstam.com
2833 20th Street
Springfield, Oregon 97477
Policy Page 10
Policy Number: 1094379
First American Title Insurance
Company of Oregon
600 Country Club Road
Eugene, OR 97401
Phn, (541)484'2900
Fax - (541)484-7321
Thank you for your confidence and support. We at First American TItle Insurance Company of Oregon
maintain the fundamental principle:
Customer First!
Date Received: /:11 JWr!"
Planner: AL
First AmeriCan Title Insurance Company of Oregon
./
ORIGINAL
JUl16 Z008
DATE RECEIVED
e County Department of Public Worl
Permit 080301
Facility Permit I;;::~)~:::\ ~i==::\w/e Drainage
Ii Un OJ \ f7 .
:~) .// rj)f .
Applicaton Date 06/05/2008
Issued 07/H12008
Field Inspection 07/0812008
Permit Expires on 07/11/2009
,Completed
Issued by Petsch, John
Inspected by Petsch, John
Permitted activIty must be completed prior to this expiration date.
Please call Lane County Department of Public Works to arrange for an Inspection when permitted activity Is completed.
Location: Township Range Section 114 Section 1/16 Section TaxLot
Zone 1 Eugene
Road 20TH ST Road No. 177300 . Milepost 0,37
.1"7
03
24
o
o
00500
Applicant's Description of Work: STORMWATER.pIPES COLLECTING ROOF RUNOFF WrLLBE DIRECTED INTO AN
EXISTlNG.DITCH. THIS WORK DOES NOT OCCUR WITHIN THE R.OW, BUT DOES AFFECT AN EXISTING DRAINAG~
CURRENTLY UNDER COUNTY JURISDICTION.
. Applicant
Address
EGR & ASSOCIATES
2535 PRAIRIE RD, SUITE. B
Day Phone 541-688-8322
Eve Phone
Cell Phone
Fax 541-688-8087
EUGENE, OR 97402
email
Owner HELFRICH FAMILY REVOCABLE LIVING TRUST
Address Day Phone 541-729-4886
2857 N. 19TH ST . Eve Phone
Cell Phone
. Fax
SPRINGFIELD, OR 97477
emall
Comments: Lane County Is unable to determine whether It has Jurisdiction over the drainage the applicant has applied to drain into. If
a drainage easement exists, the applicant must provide It, and then would be allowed to drain the additional roof drainage Into the ditch
with the requirement that no piping would be allowed within 3 feet of the ditch embankment. Call Permits at 682-6902 when the work
has been completed for Inspectlon or for any questions.
Bet
AUG 2
. ....-.'
~,t ~. ..-~::
O~"",'L:i,
Date Received: / ~/ 7 ~ f
Planner: AL / ""
Original Submittal
Lane County Dept. of Public Works, 3040 N. Delta Hwy., Eugene, OR 97408-1696, Attn: Permits Clerk
Tel. 541-682-6902 Fax. 541-682-8500. Hearing Impaired: 541-682-3995
Rev 12/09/04 Page 1 of 3 07/14/2008
e County Department of Public Wor!.
Facility Permit
Permit 080301
TVpe Drainage
Permit SpeCifications
A. This permit covers County road rights-of-way ONLY. The Applicant/Contractor shall keep one complete set of issued
permit on. the project site during construction. Permit placard, shall be visible from the road until the permitted activity has
been completed.
8. HOlO HAR.MlESS CLAUSE - The Permittee agrees that their performance under this permit Is at their own sole risk and
that they shall indemnify lane County, Its agents and employees, and hold them harmless from any and all liability for
damages, costs, losses and expenses resulting from, arising out of, or in anyway connected with this permit, or from the
Permittee's failure to perform fully hereunder, and the Permittee further agrees to defend Lane County, Its agents and
employees, against all suits, actions or proceedings brought by any third party against them for which the Permittee would
be liable hereunder.
. '- .
C. Permits may be terminated or suspended when the Permittee Is found to have obtained a permit through
misrepresentation of the facts or when, in the Judgment of the Director of Public Works, terms of the permit are being.
violated or public safety is threatened. Access permits shall remain in effect until. a chan.ge In.land use occurs, The County
reserves the right to "revoke" or cancel the Permittee's permission to use the public right-Of-way at any time. Permittee
shall be responsible for the cost of design, Installation or construction of additional roadway Improvements and traffic
control devices at any time In the future when the traffic volumes generated by the use for which the access permit is
authorized necessitate such installation In the interest of publiC safety.. .
O. Separate permits may be requlred.from federal, state or local agencies that have enacted regulations or ordinances
.regarding protection of the environment and preservation of natural resources. The Permittee is solely responsible for
complying with said regulations or ordinances, If applicable. Issuance of this faCility permit does not ensure that the
applicants' proposed actions comply with .the Federal Endangered Species Act, 16 U. S. C. 1531 et seq. (ESA), nor release
the applicant from responsibilities or requirements under any other federal, state or local environmental statute, regulation
or permit, In the event of differences or conflicts between the conditions of this facility pennit and any such laws, rules or
regulations, the more restrictive shall apply.
E. It is the responsibility of the Permittee to reestablish any survey monument moved, destroyed, etc., while working
within county right-of-way. R.e~establishment of survey monuments must be done by an approved registered surveyor and
all costs will be borne by the Pennittee. .
F. Permittee guarantees all restoration work for a period of one year from the completion date.
. G. Any sight posts, sign posts, or mailboxes that are removed will be replaced Immediately In IIke.condltlon in the same
location and the area around them wiU be restored to a like or better condition. .
H. All other areas such as lawns, ditch bottoms, etc., shall be reshaped and restored to at ieast original condition, with
special attention being given to drainage ways and culverts. Permittee will be responsible for any mud, dirt, or debris from
the roadway and right-of-way. caused by this operation, leaving the roadway and area In a neat and acceptable condition.
I. Traffic control and safety procedures will adhere to Manual an Uniform ~raff[c Control Devices, 2003 edition.
], Permittee is to notify Lane County, Public Works Department, Permit Section, 48 hours before beginning work. under this
permit - (541),682,6902. P~ior approval for modifications to permit speCifications Is required.
K. Permittee is to notify Lane County, Public Works Department, Permit~ Section, for inspection of completed work prior to
the expiration date - (541)-682-6902. .
l. All excavation must comply with the provisions of OR.S 757.541 to 757.571. Notify all utility companies before doing
any excavation (Call Oregon Utility Notification Center at 1-800'332-2344). .
.M. Underground utility facility operators, shall subscribe to the Oregon Utility Notification Center as described In ORS
757.557 (call Oregon Utility Notification Center at 1-503 232-1987).
, N, To secure approvals for private land use outside a road right-Of-way, Applicant shall contact lane County land
Management Division at (541) 682-3807, or the City or agency having Jurisdiction.
'::~.
R.ev 12/09104
Date Received: Ii! 7 kt
Planner: AL I / , rx.
lane County Dept. of Public Works, 3040 N. Delta Hwy., Eugene, OR. 97408-1696,Qgs.i'W,\.~~b~iMal t1
Tel, 54t-682-6902 Fax. 541-682-8500 Hearing Impaired: 541-682-3995
Page 2 of 3
~
"~.
07/14/2008
~
e County Department of Public Wor!..
Facility Permit
Permit 080301
Type Drainage
Additional Requirements, specifications and provisions
A. Flagger required when equipment In roadway, one iane to remain open to traffic at ali times.
B. Exercise care when crossing and working alongside roadway. No debris or mud Is to remain on roadway. Keep
. roadway clear at ali times, .
C. Applicant is required to protect public roadway facliltles at ali time, (asphalt, shoulder rock, drainage structures,
etc). Any damage shall be reported Immediately to County by calling 541-682-6902. Applicant may be responsible for
cost of repair.
Date Received'
Planner: AL
10000/
.,;.-
')
Lane County Dept. of Public Works, 3040 N. Delta Hwy" Eugene, OR 97408-1696, Attn: Permits Clerk
Tel. 541-682-6902 Fax. 541-682-8500 Hearing lmpalced: 541-682-3995
Rev 12/09/04 Page 3 of 3 07/t4/2008
Date Reeelvedd"
/"
~ 7 2008
O~SUbm;tta' d;:
I t--:-:
I
~.~{
HELFRICH FAMILY REVOCABLE LIVING TRUST
TENTATlVESITE PLAN
=-
MAP17032.00TL500
, I
SPRINGFIELD OREGON
WAY""
~-----
. ,
~=-
-
"a"m_
."
w
om
.---
-.-
sm;UG(R~~
I ..... ........ ;
~~~= I Ii -::~VED /// ,/ ...................... I,:
~ / I -=""":'"'..... ~EXDIUVEVo^y I .....
------______, I I ""':"....~ /", ~ I to '.......:
I / .,." ...... :
f ....-" M I 1'\ /-------::..-
f .' - I~- -..... .... \ ~~ --.....' ",- // ~=--::-.. l...................
/ t! ....- l3 '/ ......"::.-:
I I ~& PROPOSEDOltAVEl.DIUV.l.WAY I
PIlOPOSED tlllUS6 ------.... \ 1
I , \ '
""00 ....:::-..=-. I ',"" \1 I ..-..-.
m ~ -- (\..~\ I 'I \ Ii~Fm~mn r-,/-...----I----....~~-_ I
~ ~ I ._/f _ {PR""""EDl'aIVATEll / I --r-__
~ i -~= cp'V' \ '~,:-,:~----" ~:(~~~f-~""'"""':~-}:--------=------T----r~~:-~=:~-")~~+
}...... CD I"'" - ,," { .... GRAVEl. ~~'
r- <' - - "",mNt"""" 1,.. "'ru.~. ';-------- - j J_ ~ ~ I
CD __ r I , \ ',~ / - / - if I
~ -- _&r ~_ -- -- ~--L ::.-"\-=--1:'-------~----------- ~ ... I @
,~ .----:::t~------------=-.::.-r7 -- ..... "- /./-- I r--------------T------------------~1---'
~ V't' IUHAPTOBl!1'LAOD /- =~~/ \ /! __J..._____ - 1
i"-. AT1'ROPOSEOOlllTAJ.1. I" J / 1 :
R" ... /. I / I 1
r f / ://:: Cl
l~ I / ............______......"':: 1-<
Ie...- / // =.-:.... /......: =?~: ~;;~E_- : 0
!I~ -_ I // d..... // I ...'" : __ : ~
~ ./...... I 1 '"_-t1.l-
I" --- " I' //. ......./ J : ....-1- 0
/./ : :...... : 0
"I /./: l.,../ : C2
.. 1 FP 03 _ O'l:ll-I~../ I./J I CQ
/ QooJ - - -Oe / 1./ , ,
/1 APPROVED...-././'/'/ ! ./ ././/./ j ! ~
I ...... 1/ I ,>-
/ 'Jt1-108-.J~...-// /:!; ;l
I /- ...-//: l ".--r-
/ ./' 1 / I
./ ./ I , / I
/ ./ 1 ,./'
./ ./ 1 ,./ ,
\~-------------------..,-----------------.....---------------....-----..-:.-------------'--'"1
-'&'. .. -,,-
.......... ,...
.._-,..,
.....
-.I'.
~
~
...--
......
-
-.
---
---
u<
'-,>-
--
--
"----------------------------- .---- ~
,
~
: II
1 i I'
0
.
.
~
o\l
\3 ,"
.. ..
~
i'5
~ 3
~ .
i5 ~
O! ~
~
->
~
~
c
~
o
z
.
~
I
.
. .
U"
03/03/2008 08:21 FAX 541 736 10"\
02/29/2008 14: 44 FAX 1541688l
CITY OF SPRINGFIELD PW
Canon
@002
If!lUU.L
PUB'-'C WORKS DEPARTMENT I Engineering Division
Phon..: (541) 72fl-3753 FfIJC: (541) 138-1021
STORMW ATER MANAGEMENT SYSTEM SCOPE OF Wo.RK
. (11_ be/ow this lill~jill,d oul by Applieam) --
(PI.a.. ,./urn /. Man SIP.aer@ City a/Sp,ingfield Puhllc Wo,k.. Enlt/ncering,' Fax # 736-1021. Pho... II 736-103'),
~1""il:m.YI(judo~j..prinRfi.'d.or.u.r
projcctNllme: \l<,rI.~\e.1ol. ?.......:I"",....<>
Assessors Parcel \'"I~(2_~ h ';J,toI "'Il- Ii~t>
Land Usc(s): &...0
Project Size (Acres):. I I. I 11.1.....03-
Approx. Impcnious Areal Ib, e.DD ~F
Project Description (Include a copy of ASYH$SOr'S map):
Applicant:
Datc:
Phone #:
\ Fax #:
Email:
~tQ.\L\o\ r........\ 1_'" L~...",A.O.I~~..'::I_""""+--
:2.~ 02.~.~
[ h ~ 9!0,- 2:> '!o"' .1.-
_L-Q,~ ,,~b'2:0"1
d .;.\.... ~4-.. - .l-'i:ll! !..........~~l!..... ",.01.
Sf'\..'~ l.-~
IIV"\ 4:"
~ .~"',
"P,,*,..'~ \~ 1M&\~t: L.>~a, tv"',SoI\X; 'c.,~ ..WI'-\ Nt!'>' A",I.Ic;.~,
DrainaRe Proposal (l'uhlic connection(s), discharge loeation(s), cle, AUllCh additional sheet(s) ifncec~snry:
C ~N(;.l..'\ ; c.' .e::-.c.\.~..".....j:.
'?\ r;>L. "'0.' '\'~'d':. ('"
.
I
I
I
I "ronosed Stormweler Best ManN!ement Practices:
/' y'"'\oI''''", ~ Vt~bt"''\,,'\''''-O C'
r.:::o ""', ...... ~....,_i;t!,l.-C::-
It b H-' I.e Ii"e III d tJul h the ell I tllld R ,,.,,,,d to tile A lcan
(Ar ~ minimum. all box"" check~<f hy the City Dn Ihe/ron' mid backa!Ihl..,hee, .hall be submitted
(or e1l1 oDPlir'.atlnn I'J hi: Ct?m"/cle far ~IIlIJmillcl/. altluJURh (llh,r rt!"uircmr!fJ/J.' ,"U,", he nf:ct!SltJr'lJ.J
f'ralnlll,!e Study Tvuc lEDSPM SectloR 4.03.1): (Note. UH mav be substituted for Rational Method'.
II Small Site Study - (us. Rational Melhod ror c8Iculation~)
o Mid-Lcvol Development Study - (c.. Unit llydrogral'h Mclhod ror'calcl>lations)
o Full Drainage Development Study -: (use Unit Hydrogrnph Method for calculations)
Environmental Co"sldcraIlDIIS~
iIII Wellhead Zo~e:. ,~."t"l ~-ri...... ~\ ~ II Hillside Development: N 1J...
II WellcndIRiparian: ~/A _ . Fluutlway/Floodplain: 'F=\~
II Soil Type: 1~-I'J\o.l. 1......-.- ':'-'.\~ t',\_\""..."" III Othcrlurisdictions lnnLr...,..;.\.... \
-~.. \ '
Down.trcam Analvs;"
. N/A
o Flow line for starting water surface elevation:
o De1IigtrHGL to use for starting water surface elevation:
o Manhole/Junction to take analysis to: .. '- . "
Rerur~ t~ Matt Stouder ~ City of Springfield, s",all: !DJiloud..,(/flct,,,or,nqfield.ar.us. FAX: (S4Jj>P.r~~CeiVed:
. Date Received: 1(/17 /.NJOcf AUG 2 7\2008
Planner: AL /' \ /J yo
Original Submittal '011'-
\
0./03/2008 08:21 FAX 541 736 1r"'
02/29/2008 14;45 FAX 1541688l
CITY OF SPRINGFIELD PW
Canon
~oo~ ~003
COMPLETE STUDY ITEMS
I F('I~omcinIU_uO~
. Ba~e.d Hpfm tlr~ informtJrlnn prrlvJded on tht:front a/this sllgCfl. the/nl/owil1g represontN u minimum ()fwltar i6 ,,<<eAedfnr an
appU,:rJlltm In he cnmplaIG]Or.3ubmlllul wilh f'f!,spect If' ara;nllgffi howe\'er, this lis/ shQu/d fHjl he uSfld in lieu o/rhe Spring/icdd
Deve/opm.'" Cod. ISDC) (l' ,he City '" EIlgi"."rlnfr TJ...jll" MtJlIu"l. ComplicJh~. ..lIh these r.qulr.ment.. do... nol tx,",II,.,e .,ite
app,.ulJu/: Addltltmal site Jpecijie.: In/ormantJ" may ha requirsu, NOle: Upon sr::opiny .,hltR' ,fuhmiUQI. t!1I811~ C:1mrplctcdfDm, },u.ti bt!en
signed in the SPQCtl prollldld MJOW:
Inlorlm DeU;D Slll8dsrds/Walvr Quality (EDSPM C~apter 3)
Retfd N/A
o 1M All non-building roanup (NBR) i01porviol.< ""rfoc.. ,hall be prMroated (e.g. mull;.ch.mhered oatchb..,in w/oil filtratioo
",cd in) far stormwotcr quuliiy, Additionally" minimum of 50% oC Ihe NUlt Impervious surf.ee sholl be treale~ by
v,=~c:lR1ed 11led\ods:.
o II!iiI WMIC req\linld, vegetative .larrnWlUer desi8llshall be eOllSlotenl wil~ inlerim design otandards (EOSPM Section 3.02), sel
rat1h hy d,e Flure.u of Environmenlal Service. (ailS) or CI.an Water Service. (CWS).
o Iiiil Par now NI3R iml'ervinu., =81..0 tllan I S.OOO squ." feel, a simplified design approach mar b. followed.. .pccir.cu by
Ih. UIlS for vegetativc trcalrm.-nt.
o Mira slormwnter trealmenl.wale i. ptllllosed, submit ealeuiotiatlllisJ'OCificaliolUl for sizing, velocity, now. Ride dopeS, bottolO
slope, and seed mix Q(Jnsistcnl with either BES or CWS rel'\.ujremt:nlH.
o III Wa~r Quality .alculalian..., required in Seotion 3,03.1 ufthe IlDSI'M
o iii All building rooftop mounied equipmen~ or olher nuld canlaining equipmenlloc:ated nuLuitlc uflhe building. shall
be provided wilh ."""ndary cantnlnment or wealher n:.isInnl ."clo""te.
Gen".1 Sludy Requirements (l!:DSI'M Soctlnn 4.03)
lWl 0 Drainage llIudy preparod by a ProCessional Civil Engineer licensed in the slale of Oregon,
o !Ii ^ eomplele dl'llinage .tudy, a. requlrod in EDSPM Scclion 4.03.1. including l\ hydrol~sical study map.
~ 0 ('",Iculatiom .howlng systenl capacity for a 2-y.",. ,torm .VUllt and overtlow e/Teets of. 2S-yeST .lonll event.
o . The time of concentration (Te) .hall be determined using a 10 minute ,tart ume for developc:d basins.
Rcview uf Downstream S}'Item (EDSI'M Seetinll 4.03.4.Q
o 111 A down:;lrel\lR dra;nas. analysis as described in EDSPM Seclion 4.03.4.C. On.nite drainllge shall be g~vcmed by Ihe
On:gon Plumbing Sped.llr Code (OI'SC).
o III EI.'Valiun. of the HGL and lluW lin.. fnr both cilr ulld private 'Y"teITIS where applicable.
Design of Stt,rDI Systems (EDSPM S..lIon 4.04)
III 0 Flow lin~, ,lopes, rim elevations. pil"'e EyPC anti sW:ti clearly indicated on the pllin sel.
o 111 Minimum pipe c.:over s11.11I1 be 18 inches for reinforced pipe: Gnd )G Inches for 9'al" concrc:lC and plaStic;: pipe. materials. ('Ir
proper cnginee~ins calcull1ti~ns shl111 he proviucd wben less. The co...etshall he RlJ,ffidcnl to support'an 80,000 1\-1 load
without Coilure afrM pipe Rtruclun:.
o MIl Mll/Uliog'. "n" values fnr pipc. .hall be consi"ent with Table 4-1 of the EDSP. All stnrm pipes shall he dcsill"eu Lu
achicve . minimu.m vclocily of IItt.. (3) feet per second ot n.S pipe rull bllsocl on Tublc 4-1 ao well,
OtherlMlsO
_ 0 I~xl~tlng and PTOPOiCcJ ~(tntour". located 81 one foot interval. include spot elev8tions nnd site grutl~ ~howing how site
draintlo
. 0 Privalc storrnwaler easements shall he clearly depicted on plan:; when priv31" .tonn'!'utor /lows from one property to
a1no\her .
o III Drywells shall no! receive runoff flom any surr.co wla being tmIlc:d by on. or mo,e BMPs, with the exception of re,idenLilll
building rc)of"l: (t::DSl- section 3.03.4.^). Addhiomll pl'lwiKlOna apply ~11 UIiK uS l'eq\1lrcd hy the DUQ. Rcfl;'r lu lhc website;
www.llt~a_stall..l_IUI_us/wQIt!rnunJwll/lllcll0ml!.hL"T.!1foTmuteinfo(.fJ1oQtion. .
0.. IIlDetenlioo pond. .h.1l be desigIlcd lu limitmooff 10 pro..J.velopmenl rateS fur the 2 Ihrough 25-ye;>r ,torm evenlS
*Thilform shalf hI! indutllJd tiS aPt dnacllllJftll/J Insidflllrt! /ront cow.rt of the stt),,,nuater :tlf"l)J
. IMPORTANT, ENGINEl!R P'.EASE READ B1iLOW AND SlGN!
. ^, lbe engineer afreeorel, I hereby ""rtify the sbove required ilems n.e
complch: t1nd illcluded with the 5\lhmittcd Ktonnwuler study::md pl"n set
Si!,'fllIlun:9-- c2/2 i.. P O.I03-1l).-c>e>]
Date Received:
AUi2'7. 2008 .
~;Z
Original submittal . '-
Forrn Vor.ion 2: Murch 2004
.. ~,~.
Date Received:
Planner: AL
J / /17 /JctJd'
J I
.
~
/1/ / ~
1 !J---~I +. .. I l~
! ! I I I. ..//)//1'; 1/ I, . I' I ~
I I I I I I 1 Ii f IJ ' j I
, I I I ! /oj V J / / I
I I I I I I II r A II / / I .
"I II ~111111 I I~
II i III! '1/ .1 I ,~
! I 11//1/1/ / I I I
I I I, /b~/ll I ! !~ ~
I I' III J 11 I I I .1 ~ ~
I I li,t?01/ I I I(~
I I IIY,/t11,11 I . ~
I : ~{/I /Jyl Ii II I ;:
:'; 1};'I;'!i! j.! !!~
i I /~/} I [l! :, I I' B ~
: _///~:/ /llJl-,-L . !~~ :
/11/11 1 I i I I I i ~ ~ ~
I M.~.':~'.lff/l II' 1~~ ~
~ ~Y')fJ) II ",' :~ if.
I ~ \('\.. ,
. ..~! - : ~ J~ :~
I : I " /V11~. II /(J./l 1: Ii II , : I : ~ ~. ~ ~~
I I J / / r / I ...lJ I I I I I J <:IJ ~ ;:
I I I V V I' /1 ;' I I I I I I I I." I: ~.~
~ ~I(')~'I() ~ '<\ ~ Il;) ~\(') '\l- ~~ ~ .!:D....... .w
'<"i "t ~ ~ ~ ~" -..; ~ ~,~. ~ \::! I:S ':l .<:::i . AfJ6 2 008 . ~
R4/NI"ALL INT6VS/TY (lnches/ Hr.) OIigiDal~lIh\Uitti1 M, Ii
fiGURE 4./ otaL" ~"m. '0. \.
ROln/ol/ /l7feI7Sllij, [)U/O!iOfl om I n co r po r. t ~ "
Frequenc!/ CUiVes 1"0- EUgel7~ OEgOf7 :':=:::.::::,:::'~~""""
IiHI
I
I
I II
I I I
I I
I , I _
I I I 1./
I I I
Iii j
III I
I III
!' . I , I
1111 .
III/ ,
III ,
I I I I
II, I I
III I
I II I i
I I I
: I I
I II I
I I
i I
I III I
IIII
I_-
I I-
I I
I I i
I I
I I
I i
. I
II
I I
I I
, I
I
I
I
I I I
,
.
I
-'
j
..
I
-'
I
j
~
.
.
..
~~
Cross Section
Cross Section for Circular Channel
Project Description
Z"-li2-.
Worksheet
Flow Element
Method
Solve For
Circular Chan
Circular Chan
Manning's Fa
Channel Dap!
Section Data
Mannings COI 0.012
Slope 20800 ftlft
Depth 0.14 ft
Diameter 4 in
Discharge 0.11 ers
4 in
t
0.14 It
I
V:1 b,.
H:1
NTS
Date Received:~~Oct
Planner: AL
Project Engineer: Shane Hughes
c:\program files\haestad\fmw\project1.fm2 EGR & Associates, Inc. FlowMaster v6.Q [614b]
03/18/08 02:45:25 PM @Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1
Cross Section
Cross Section for Circular Channel
Project Description,
2. ..s- '-( \"l
Workshee.t
Flow Element
Method
Solve For
Circular Chan
Circular Cl1an
Manning's Fa
Channel Depl
Section Data
Mannings COI 0.012
Slope 20800 ft/ft
Depth 0.18 ft
Diameter 4 in
Discharge 0.17 cfs
I 4 In
I
0.18 It
,(
V:1~
H:1
NTS
Date Received: /0ftJoo
Planner: AL
~ceived:
AUG 2 Nooa
Original Submittal V;::
\
Project Engineer: Shane Hughes
c:\program files\haestad\fmw\project1.fm2 EGR & Associates, Inc. FlowMaster v6.0 [614b}
03/18/08 02:50:35 PM @Haestad Methods. Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1
1-'
CITY OF SPRINGFIELD
DATE:
November 17,2008
HEARINGS OFFFICIAL
TRANSMITTAL
MEMORANDUM
TO:
Gary Darnielle, Springfield Hearings Official
FROM: Andy Limbird, DSD Planner II
SUBJECT: Planning Case ZON2008-00038
(An Appeal of Director's Decision on Land Partition
Springfield Planning Case SUB2008-00039)
. ISSUE
The appellant is requesting that the Springfield Hearings Official reverse seven (7) conditions of a
Director's decision for a land partition request The Hearings Official must conduct an appeal hearing to
accept testimony and forward a decision concerning the limited land use decision,
DISCUSSION
The appellant submitted an application requesting approval to partition property that is outside the ci~
limits, but inside the Urban Growth Boundary. The property is located at the northern terminus of 20 .
Street, which is improved with paving, curb, and gutter immediately south of the applicant's property.
However, ttie applicant's property frontage and cul-de-sac turnaround bulb is not improved with paving,
curb and gutter. Upon development of the partition area with residential dwellings, additional vehicle
trips will be generated on the public street system, Lane County and Springfield staff recommended
standard urban imprpvementsfor the property frontage, including paving, curb and gutter. Because it is
impractical to pave only a portion of a cul-de-sac bulb, staff recommended paving the entire bulb area,
Staff also recommended provision ofa public easement to accommodate an existing 36-inch storm
sewer line running through the property, and provision for legal access to the undeveloped remainder of
the applicant's property located to the north outside the UGB.
The Director approved the application with 26 conditions on October 7, 2008. On October 22, 2008 the
appellant filed an appeal of the Director's Decision, stating that the Director erred on seven of the
conditions, An Appeal of the Director's Decision outside the City Limits is heard by the Hearings Official.
Recommendation and Action Reauested:
This staff report contains findings and conclusions supporting the Director's Decision, The staff report
and decision issued for the partition application also describe the rationale and Development Code basis
for the conditions. Staff recommends affirmation of the decision of the Director by denial of the appeal.
ATTACHMENTS
1) Appeal Staff Report and Findings
2) Applicant's Appeal Submittal
3) Applicant's Partition Application Materials
4) Staff Report and Director's Decision
5) Response from Lane County Transportation
6) Site Context Maps
Date Received: fff/; iJ-co,r
Planner: AL
Staff Report and Findings - Appeal of Director's Decision
Case Number
Date:
ZON2008-00038
November 17, 2008
ADDellant:
Decision Under ADDeal:
Bill Kloos
Law Office of Bill Kloos, PC
375 W 4th Street, Suite 204
Eugene, OR 97401
SUB2008-00039
Tentative Approval with Conditions
Dean & Gayle Helfrich Partition
Action Souqht: The appellant has submitted seven (7)assignments of error and is requesting that
the Springfield Hearings Official resolve the issues by modifying the Director's decision to remove the
seven imposed conditions,
Site Data: The subject property is located at the northern terminus of 20th Street, approximately 200
feet north of the intersection with Hayden Bridge Road. The property is described as Assessor's Map
17"03-24-00, Tax Lot 500, Lane County, Oregon. The site is zoned and designated Low Density
Residential on the adopted Metro Plan and is subject to the City's Urban Fringe Overlay District (UF-
10). The Springfield Urban Growth Boundary runs along the northern edge of the tax lot. However,
the subject property is under common title and ownership with the adjacent Tax Lot 505 to the north
(outside the UGB), The site is within the mapped FEMA floodplain and the applicant has obtained a
Floodplain Overlay District approval for construction of a residential dwelling (Case SHR 2008-00006).
The property is connected to the Lane County and City street system by approximately 80 feet of,
undeveloped cul-de-sac bulb on 20th Street; the balance of 20th Street south of the subject property is
paved to urban standards.
Discussion: The assignments of error cite issues related to improvement of the property frontage to
urban standards, public and private stormwater management on the property, installation of a fire
hydrant to provide adequate fire protection coverage for the property, and provision of an access
easement to the remainder of the applicant's property (Tax Lot 505). The Director's partition decision
considered the standard requirements of the Springfield Development Code, recommendations of City
and Lane County staff, provisions of the City's Engineering Design Standards and Procedures
Manual, and practical application of construction principles;and standards,
The attached letter outlines. errors assigned to the Director's decision. The appellant's evidence and
the Director's response are included in this report.
Recommendation and Action Reouested:
This staff report cites the findings and conclusions that provided a factual basis for the Director's
Decision. Staff requests affirmation of the Director's Decision by denial of the appeal on the grounds
that the appellant's objections are a departure from standard requirements of the Springfield
Development Code and the City's adopted Engineering Design Standards and Procedures Manual,
Date Received: "!~k.r
Planner: AL
I. Appellant's Assignment of Errors
Law Office of Bill Kloos, PC Appeal Letter (October 22, 2008, Attached)
Assipnment of Error #1: "The applicant objects to making compliance with conditions 1 and 2 a
condition of the Final Plat. The conditions relate to: (1) an Improvement Agreement for sidewalk,
sanitary sewer, storm sewer, and street lighting; and (2) street improvements for the 20th Street cul-
de-sac, The conditions are not related to any standards for approval, and they are not necessary to
demonstrate compliance with the standards of approval. If there is a basis in the code for requiring an
Improvement Agreement, the terms of that agreement need to be determined in this proceeding, in
. order to ensure that the terms comply with the standards in the code and exactions law. The stated
standard from the code, SDC 5.12-125.C, focuses on 'capacity requirements of public improvements'.
This is a proposal to divide property, not to develop a use that will impact capacity of the
improvements. The code standard at SDC 5.12-125.C says that 'the Public Works Director or utility
provider shall determine capacity issues', If the City wishes to condition the approval to boost
capacity of public improvements; then the capacity determination needs to be made in the context of
this decision, and that has not been done, The conditions requiring capacity improvements in
connection with a bare partition of the land have not been justified as an exaction under the Dolan
standard and do not comply with that standard,"
Staff Response: The Directors decision contains findings demonstrating that full build-out of the
partition area with,two residential dwellings will require key urban utilities and services to serve the
development site, and will contribute additional vehicle trips to the adjacent public street system. The
City is not seeking to boost capacity of utility systems with the subject application, it is merely
ensuring that the key urban utilities and services are extended to serve the property and facilitate
future urban transition,
Section 4,2-1 05,G,2 of the Springfield Development Code (SDC) allows the developer to execute an
improvement agreement, which defers construction of certain urban improvements (including utilities)
if they are not available to the site or extension to serve the development area is impractical. In this
case, there are no City sanitary sewer connections available to serve the property, Additionally, there
is no sidewalk or street lighting on the segment of 20th Street north of Hayden Bridge Road,
Therefore, in accordance with provisions of the Development Code, the City is allowing the developer
to defer the provision of these key urban improvements until such time as a street construction project
or local improvement levy is initiated, The benefiting property owners (or their successors in title) will
be required to contribute a proportionate share of the costs for the improvements when constructed.
Along the property frontage, 20th Street is classified as a Lane County Local Access Road, Lane
County Transportation. and the City's Public Works Department require. improvement of County roads
to urban standards as a precursor to urban transition (ie. future. annexation), Staff note that the
segment of 20th Street from the intersection of Hayden Bridge Road to a point at or near the
applicant's south property line has been improved to urban standards with curb, gutter, and paving.
The cul-de-sac bulb along the applicant's property frontage is unconsolidated dirt and gravel, and is ,in
poor condition. Section 4.2-1 05A 1.a.ix of the SDC states that streets shall meet all design standards
in the [Development] Code, the City's Engineering Design Standards and Procedures Manual
(EDSPM), the Public Works Standard Construction Specifications, and the Springfield Municipal
Code. Section 1,02,7 of the City's EDSPM requires that local streets are to be paved with a practical
design life of at least 20 years. In some instances, the City considers accepting partial street
improvements (such as a % street) when urban development occurs on only one side of an
underdeveloped street. However, because the subject site is on a cul-de-sac bulb, it is impractical
and undesirable to pave only a portion of the bulb turnaround area,
2
Date Received'
Planner: AL
II /7 ~ol
I /
Conclusion: Staff estimate that the applicant has slightly less than half of the total circumferential
property frontage on the 20th Street cul-de-sac bulb. Because the property is inside the City's UGB,
has frontage on a public street, will derive a direct benefit from access to said public street, and is
adjacent to properties with improved 20th street frontage (ie. curb, gutter, paving), staff contend that it
is fair and reasonable for the developer to improve the subject property frontage with curb and gutter
and to pave the entire cul-de-sac bulb,
( Assionment of Error #2: "The applicant objects to conditions i, 8 and 10 related to stormwater.
These conditions relate to: (7) exaction of a 14-foot easement for an existing public stormwater pipe;
(8) requiring the location of the new private stormwater line outside the 14-foot easement for the
existing public pipe; and (10) requiring installation of the private storm pipe on each lot prior to final
platting, unrelated to whether and when residential construction is approved. To the extent these
conditions are based on standards in the EDSP Manual, they may not be applied because the Manual
is not an acknowledged land use regulation, and, furthermore, it has not been adopted by ordinance,
as is required of all land use regulations. The requirement for the public easement dedication for the
existing public stormwater pipe is not related to or required by any standard in the city code.
Furthermore, the dedication has not been justified as an exaction under the Dolan standard and does
not comply with that standard, The requirement to install private storm water facilities on site is not
based on any applicable code standard for this partition, It has some qualities of putting the cart
before the horse, or requiring the building of the roof before the foundation,"
Staff Response: SDC Section 4.3-110.B states: "The Approval Authority shall grant development
approval only where adequate public andlor private stormwater management systems provisions
have been made as determined by the Public Works Director, consistent with the EDSPM. .., Surface
water drainage patterns shall be addressed on every Preliminary Site Plan, or Tentative Partition or
Subdivision Plan." Provision of adequate stormwater facilities is a key urban service as described in
Chapter G of the adopted Metro Plan,
The applicant's tentative partition plan proposes a 1 a-foot public drainage easement to accommodate
the existing 36-inch stormwater pipe along the west pro.perty boundary. The Public Works
Department considered the large size of the pipe, the depth of burial, and the possible zone of impact
inside the applicant's property should repair or replacement of the pipe be required in the future. In
accordance with provisions of SDC 4,3-140.A, the City Engineer determined that a slightly larger
publiC easement was necessary to ensure the integrity of the existing stormwater system was not
compromised, and to ensure that future maintenance or repair on the system could be conducted
within the easement area.
The applicant's tentative partition plan (ref. Stormwater Management Plan sheet) depicts installation
of 4-inch stormwater drain pipes to serve the two partition parcels. The drainage system was
acceptable as proposed, with the exception that the private drain pipes are shown running parallel
with the existing 36-inch public stormwater line and inside the 1 a-foot publiC drainage easement. For
various reasons, including but not limited to maintenance liability and differing construction standards
for publiC and private utility systems, the City does not typically support installation of private utilities
inside public easements, except in circumstances where there is a perpendicular crossing. Based on
the foregoing, staff determined that the private stormwater drain pipe serving Parcel 1 and crossing
Parcel 2 will require a parallel private drainage easement.
Staff observe that the proposed drain pipe serving Parcel 1 and crossing Parcel 2 runs beneath the
driveway serving Parcel 2, The Parcel 2 driveway is required to be paved in accordance with SDC
3.2-220.A,5, prior to platting of the partition and prior to issuance of occupancy for the house on
Parcel 2, which is currently under construction. The requirement for paving of the driveway has not
been challenged by the appellant in their assignments of error. Staff contend that it is the applicant's
responsibility (and good construction practice) to pre-install the drain pipes, as depicted on the
3
Date Received: / :/;;j:MtJ!"
Planner: AL
tentative plan, prior to platting the partition or paving the driveway. Upon driveway paving and platting
of the partition, it becomes significantly more difficult and costly for a third party to install necessary
drain pipes across Parcel 2 for the benefit of Parcel 1, Moreover, by not pre-installing the drain pipes
at the time of land partition, the developer has failed to satisfactorily demonstrate that a key urban
service (stormwater drainage) has been provided to Parcel 1,
Conclusion; Staff contend that the challenged conditions relaied to stormwater are not an exaction
and, instead; reflect necessary adjustments to the applicant's tentative partition plan and drainage
plan to meet the City's Development Code and adopted design standards, to address site-specific
conditions and circumstances, and to avoid future complications when and if the properties change
ownership.
Assianment of Error #3: "The applicant objects to condition 12, which requires installation of afire
hydrant to serve these two parcels. The findings recite that the closest fire hydrant is at 21st [Street]
and Hayden Bridge [Road], which is more than 600 feet distant. The findings do not reference the
location for the 600-foot maximum distance, Assuming there is such a standard, the applicant would
point out there is an existing hydrant due east of the subject property, on the next cul-de-sac, and well
) within the 600-foot limit."
Staff Response: SDC 4.3-130.8 states: "Fire hydrants and mains shall be installed by the developer
as required by the Fire Marshal and the utility provider."
Provision of adequate fire protection coverage is a key urban service that is required for the subject
development area as described in the Metro Plan (ref. Chapter G). In accordance with requirements
of the Springfield Fire Code, the Fire Marshal advises that the furthest points of a house on the
partition area (in this case Parcel 2) must be within 600 feet of a fire hydrant when taking the shortest
approved route between the hydrant and the subject property [emphasis added]. Although the
applicant's tentative plan shows a "craw's flight" distance of just under 600 feet from the fire hydrant at
21st Street and Hayden Bridge Road to the northwest corner of the house on Parcel 2, from a practical
standpoint this route is not feasible because it cannot be traveled by a fire truck. Due to intervening
vegetation, fences, and other structures along the route depicted on the applicant's tentative plan, the
most feasible direct route from the fire hydrant would be west along Hayden Bridge Road, then north
along 20th Street to the subject property - a distance greatly exceeding 600 feet.
Conc.lusion: Staff contend that provision of adequate fire protection is consistent with Metro Plan
policies and, therefore, is a key requirement for development within the City's UGB, Because the
travel distance from the nearest fire hydrant exceeds provisions of the adopted Fire Code, and the
applicant has not proposed a reasonable alternative, the applicant has failed to demonstrate how
adequate fire protection coverage can be assured for the property without provision of a new fire
hydrant. In lieu of a fire hydrant, staff would support installation of a suitable building sprinkler system
for the house on Parcel 2.
AssionmeTlt of Error #4: "The applicant objects to Condition 26, which requires an access
easement to the tax lot to the north, The land to the north is outside the UGB. It is not land over
which the city has land use jurisdiction. The code language relied upon in the decision for this
condition applies to land inside the UGB only, This condition should be dropped,"
Staff Response: Although the UGB runs along the north boundary of Tax Lot 500, the property is
under common title and ownership with adjacent Tax Lot 505. Therefore, the north boundary of the
property is along the McKenzie River. In accordance with.SDC 5.12-125,G&H, a tentative plan shall
be approved or approved with conditions if... development of any remainder of the property under the
same ownership can be accomplished as specified in this Code; and adjacent land can be developed
or is provided access that will allow its development as specified in this Code. The applicant has not
4 Date Heceived: I~/; I ~p"
Planner: AL /,0'
demonstrated how legal and physical 'access can be provided to Tax Lot 505 upon platting of the
partition, The remainder of the property, notwithstanding its location outside the UGB, would become
an island parcel.
Conclusion: Staff contend that provision of legal access to Tax Lot 505 - while it remains under the
applicant's ownership and control- is necessary to meet the requirements of SDC 5.12-125.G&H,
T,he applicant has not proposed an alternative mechanism that satisfies this Code requirement.
II. Recommendation and Action Requested
Staff recommends affirmation of the subject conditions as stated in the Director's decision issued
October 7, 2008. The Director's decision and this staff report demonstrate that the land use decision
was made in accordance with the SDC Tentative Plan Criteria of Approval and the provisions of the
Springfield Development Code, The appellant's concerns were addressed in the Director's report to
the extent possible, no substantive errors or omissions were committed in reaching the decision,
III. Additional Information
The applicant's submittal documents and additional.contextual information (including site maps) have
been submitted to the Hearings Official and are entered into the public record herein by refeience.
Staff will present additional written and oral testimony at the appeal hearing, Any questions or
additional written comments may be directed to Jim Donovan, Planning Supervisor, at the Springfield
Development Services Department, 225 5th Street, Springfield, OR 97477. All written correspondence
received by November 24, 2008 at 9 a.m. will be entered into the public record of the appeal
proceedings,
5
Date Heceived' /:/I7~O'"
Planner: AL 10'
:City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Land Division Tentative Plan
Partition, Subdivision
i
!
f"
if
'.f
Original Submittal
Aoolicant Name: Jim McLaughlin
Icomoany:
IAddress:
,
IAoolicant's Reo.:
!comoany:
IAddress:
,
I Helfrich Family Revocable Living Trust - Dean & Gayle
Prooerty Owner: !-fplf,;ph ("o-Tm<,pp<
Icomoany:
.IAddress:
,
IASSESSOR'S MAP NO: 17-03-24 I !~r<L,~T
I Prooerty Address: 2833 North 20th Street Springfield, OR 97477
ISize of Prooerty: 1.03
IProoosed Name of Subdivision: N/A
,
I Description of If you are filling in this form by hand, please attach your proposal description to this application.
ProDosal: Partition the prooertvinto two parcels
I Existing Use: Single Family Residential
I I Avg. Lot/Parcel
# of Lots/Parcels: 2 Chr. 22,434
Si natures: Please si nand rint our name and date in the a
(541) 729-4886
Fax:
(541) 736-0954
2428 Ranch Drive Springfield. OR 97477
. Phone
Fax:
Phone
Fax:
2587 North 19th Street Springfield. OR 97477
500
Acres ~
Square Feet 0
s I Density
< . 2 du/acre
riate box on the next
-.."
Associated Aoolications: Signs:
!pre-sub Case No.: :P~~B~2!f !late: 6\O~1ct) I Reviewed by: LD
Icase No.: SOi? 2tf/l, /0003 q -I Date: <g (Z,1( cE I Reviewed by: LD
IAoolication Fee: $ 9HlS" .-- I Technical Fee:$lf4S.~ I Postaqe Fee: $ ~'1cD~
ITOTAL FEES: $ C)~W ,1--< I PROJECT NUMBER: l1\f~007-DxA'1
L:::~''''- '<,,?...."";'fi":.."'-.,..~,:.:,,"'''''...,.'''''-,''''''<'''''''':'''' '",..""",'~'''',-"""",'",",'.''',''''''''''''''''Y_''''''','''d_'''-V'''''''_''''''''''''~'~',,,,'"""'...._.....;~.."',~._",.:, 'f'""<':;"""",;~,.,,,,,,-,,,,,,,,,,,.<,,,,,,,,,,,,_,.""~""''''''d'Y'-'_''''-''~:~T:..'.;;J.""""--"_'>;'~"''4'-'''Ci'~'''''"",;,,"W'''~'.;'.''~.'''''~''''''
Revised 1/1/08 Molly Markarian Date, Heceived:~ )7.~"'t 1 of 10
Planner: AL 7 J '"
Owner Signatures
This application form is used for both the required pre-submittal meeting and subsequent
complete application submittal. Owner signatures are required at both stages in the application
process. An application without the Owner's original signature will not be accepted.
. 'Pre,-Submittal
The undersigned acknowledges that the information in this application is correct and accurate for scheduling ofthe
Pre- Submittal Meeting. ','
Owner:
Date:
Signature
Print
Submittal
I represent this application to be complete for submittalto the City. 'Consistent with the completeness check
performed on this application at the Pre-Submittal Meeting, I affirm the information identified by the City as
necessary for processing the application is provided herein or the information will not be provided if not otherwise
contained within the submittal, and the City may begin processing the application with the information as submitted.
This statement serves as written notice pursuant to the requirements of ORS 227,178 pertaining to a complete
application.
Owner:
\) ~J_\.Jv\ 0)",---
Signature
(.\ \\ ("!'
'\_)~(\"'" v-\~\ W\..t/l-.
Date:
<o~ 1v~ ~01
Print
-~-.. --,-'
Original Submittal
Date
AUG 27 008
~..;;... 1.~ , f..
Date Received: / ,1;7/hoo?
Planner: AL 'j ,
Revised 1/1/08 Molly Markarian 2 of 10
D The locations of all areas to be dedicated or reserved for public use, with the purpose,
condition or limitations of the reservations clearly indicated
D Future Development Plan where phasing or large lots/parcels are proposed as specified
in SDC 5.12-120 E.
(c: Stormwater Management Plan .
D Prepared by an Oregon licensed Civil Engineer
D Planting plan prepared by an Oregon licensed Landscape Architect where plants are
proposed as part of the stormwater management system
D Roof drainage patterns and discharge locations
D Pervious and impervious area drainage patterns
D The size and location of stormwater management systems components, including but
not limited to: drain lines, catch basins, dry wells and/or detention ponds; stormwater
quality measures; and natural drainageways to be retained
D Existing and proposed spot elevations and contours lines drawn at 1 foot intervals (for
land with a slope over 10 percent, the contour lines may be at 5 foot intervals)
D Amount of proposed cut and fill
D Additional Materials That May be Required
. IT IS THE APPLICANT'S RESPONSIBILITY TO DETERMINE IF ADDITIONAL
STANDARDS! APPLICATIONS APPLY .TO THE PROPOSED DEVELOPMENT. THE
APPLICANT SHOULD CONSIDER UTILIZING PRE-DEVELOPMENT MEETINGS AS
DISCUSSED IN SDC 5.1-120:
D Proposed deed restrictions and a draft of any Homeowner's Association Agreement
D Additional plans and documentation for submittal of a Cluster Subdivision proposal
as specified in SDC 3,2-230
D Riparian Area Protection Report for properties located within 150 feet of the top of
bank of any Water Quality Limited Watercourses (WQLW) or within 100 feet of the
top of bank of any direct tributaries of WQLW
D A Geotechnical Report prepared by an engineer must be submitted concurrently if
there are unstable soils and/or a high water table present
o Where the development area is within an overlay district, address the
additional standards of the overlay district
D If five or more trees are proposed to be removed, a Tree Felling Permit as specified
inSDC5.19-100 '
D A wetland delineation approved by the Oregon Division of State Lands must be
submitted concurrently where there is a wetland on the property
o Any required federal or state permit must be submitted concurrently or evidence
the permit application has been submitted for review
D Where any grading, filling or excavating is proposed with the development, a Land
and Drainage Alteration permit must be submitted prior to development
o Where applicable, any Discretionary Use or Variance as specified in SDC 5.9-100
and 5.21-100 . Da~~eCeived: .
. Date "",.",.,,,-,/I""f . Atl; ~
Revised 1/1/08 Molly Markarian Planner: AL Original Submittal ;;r/ 6 of 10
\
D An Annexation application, as specified in SDC 5.7-100, where a development is
proposed outside of the city limits but within the City's urban service area and can
be served by sanitary sewer
o All public improvements proposed to be installed and to include the approximate
time of installation and method of financing
Original Submittal
AUG27
Date Received: //}17 ~ol
Planner: AL jd
Revised 1/1/08 Molly Markarian, 7 of 10
Land Division Tentative Submittal Requirements Checklist
NOTE:
. ALL of the following items MUST be submitted for BOTH Pre-Submittal and Submittal.
. If you feel an i.tem on the list below does not apply to your specific-application, please
state the reason why and attach the explanation to this form.
~
~
J2j
Application Fee - refer to the Development Code Fee Schedule for the appropriate fee
calculation formula. A copy of the fee schedule is available at the Development Services
Department. Any applicable application, technology, and postage fees are collected at the
pre-submittal and submittal stages.
Land Division Tentative Application Form
Narrative explaining the purpose of the proposed development, the existing use of the
property, and any additional information that may have a bearing in determining the
actiori to be taken.
[Zr
p
jZ(' Copy of the Land Division Plan Reduced to 8'h"x 11", which will be mailed as part of
the required neighboring property notification packet.
o vl~ht-of-WaY Approach Permit Application provided where the property has frontage
on an Oregon Department of Transportation (ODOT) facility.
Copy of the Deed
Copy of a Preliminary Title Report issued within the past 30 days documenting
ownership and listing all encumbrances.
jZf Three (3) Copies of the Stormwater Management System Study with Completed
Storm water Seoping Sheet Attached - The plan, supporting calculations, and
documentation must be consistent with the Engineering Design Standards and Procedures
Manual. .
o ~)\fhree (3) Copies of the Traffic Impact Study prepared by a Traffic Engineer in
accordance with SDC 4.2-105 A.4. Traffic Impact Studies (TIS) allow t~e City to analyze
and evaluate the traffic impacts and mitigation of a development on the City's
transportation system. In general, a TIS must explain how the traffic from a given
development affects the transportation system in terms of safety, traffic operations,
access and mobility, and immediate and adjoining street systems. A TIS must also
address, if needed, City, metro plan and state land use and transportation policies and
objectives.
p
Seven (7) Copies of the Following Plan Sets for Pre-Submittal OR
Eighteen (18) Copies of the Following Plan Sets for Submittal
o All of the following plans must include the scale appropriate to the area involved
and sufficient to show detail of the plan and related data, north arrow, and date of
preparation.
D All plan sets must be folded to 8V2" by 11" and bound by rubber bands.
~W8d:
~; AUG 2 7'2008
Qrigloo' S"b~<<I.II' ~
a. Site Assessment of Existing Conditions
o Prepared by an Oregon licensed Landscape Architect or Engineer
D Vicinity Map . 4zP
DatE'd~eceived: If 17 Joo?
Planner: AL
Revised 1/1/08 Molly Markarian
D The name, location, and dimensions of all existing site features including buildings,
curb cuts, trees, and impervioussurface areas, clearly indicating what is remaining and.
what is being removed. For existing structures to remain, also indicate present use.
and required setbacks from proposed property lines.
D The name, location, dimensions, direction of flow and top of bank of all watercourses
and required riparian setback that are shown on the Water Quality Limited Watercourse
Map on file in the Development Services Department
D The lOO-year floodplain and floodway boundaries on the site, as specified in the latest
adopted FEMA Flood Insurance Rate Maps or FEMA approved Letter of Map Amendment
or Letter of Map Revision
D The Time of Travel Zones, as specified in SDC 3.3~200 and delineated on the Wellhead
Protection Areas Map on file in the Development Services Department
D Physical features including, but not limited to trees 5" in diameter or greater when
measured 4 V2 feet above the ground, significant clusters of trees and shrubs, riparian
areas, wetlands and rock outcroppings
D Soil types and water table information as mapped and specified in the Soils Suryey of
Lane County. A Geotechnical Report prepared by an Engineer must be submitted
concurrently if the Soils Survey indicates the proposed development ea has unstable
\1/ soils and/or a high water table Date eceived:
or .. b. Land Division Tentative .Plan 008
'0 Prepared by an Oregon licensed Land Surveyor AUG27
o City boundaries, the Urban Growth Boundary, and any speci~l'i~liYtII'S(jililfiifa' /2
boundaries or railroad right-of-way which cross or abut the proposed land division \
o Location and width of all existing and proposed easements on and abutting the .
proposed land division
o Boundaries of entire area owned by the property owner, of which the proposed land
division is a part, as well as dimensions and size of each parcel and th.e approximate
dimensions of each building site indicating the top and toe of cut and fill slopes to scale
o Location and type of existing and proposed street lighting, including type, height, and
area of illumination . .
o Location, widths, conditions, and names of all existing and proposed streets, alleys,
dedications or other right-of-ways within or adjacent to the proposed land division.
Proposed streets should also include approximate radius of curves,and grades and
relationship to any projected streets as shown on the Metro Plan,. TransPlan,
Conceptual Delielopment Plan, or Conceptual Local Street Map.
o Location of existing and required traffic control devices; fire hydrants, power poles,
transformers, neighborhood mailbox units and similar public facilities
o Location and dimensions of existing and proposed driveways
D Location of existing and proposed transit facilities
D Location and width of all existing and proposed sidewalks, sidewalk ramps, pedestrian
access ways and bike trails
o Location, size and type of plantings and street trees in any required planter strip
o Location and size of existing and proposed utilities on and adjacent to the site including
sanitary sewer mains, stormwater management systems, water mains, power, gas,
telephone, and cable TV. Indicate the proposed connection pOints
Revised 1/1/08 Molly Markarian Date Re~eived: /;J(.JdJ! 5 of 10
Planner: AL
TYPE II TENTATIVE PARTITION REVIEW,
STAFF REPORT & DECISION
Project Name: Helfrich Family Trust Partition
SPRINGPIELD
~-
Project Proposal: Partition one urban fringe residential parcel into two residential parcels
Case Number: SUB2008-00039
Project Location: 2833 20th Street
(Map 17_03-24-00, Tax Lot #500)
Zoning: Low Density Residential (LDR) with
Urbanizable Fringe Overlay (UF-IO)
Comprehensive Plan Designation: LDR
(Metro Plan)
Pre-Submittal Meeting Date: May 2, 2008
Application Submitted Date: Aug, 27, 2008
Decision Issued Date: October 7, 2008
Recommendation: Approval with Conditions
Appeal Deadline Date: October 22, 2008
Natural Features: None
Density: Approximately 2 units per acre
Associated Applications: ZON2007-00047; PRE2008-00024; SHR2008-00006
CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM
I POSITION
I Project Manager
I Transportation Planning Engineer
I Public Works Engineer
I Public Works Enl\ineer
I Deputy Fire Marshal
I Community Services Manager
REVIEW OF
Planning
Transportation
Utilities
Sanitary & Storm Sewer
Fire and Life Safety
Building
APPLICANT'S DEVELOPMENT REVIEW TEAM
Owner/Applicant:
Dean & Gayle Helfrich
834 Pearl St.
Eugene, OR 97401
Surveyor:
Jim McLaughlin
2428 Ranch Drive
Springfield, OR 97477
NAME
Andy Limbird
Judith Johnduff
Clayton McEachern
Clayton McEachern
Gilbert Gordon
Dave Puent
I PHONE
726-3784
726-7134
736-1036
736-1036
726-3661
I 726-3668
Engineer:
Dan Olmstead
EGR & Associates, Inc,
2535 Prairie Road, Suite B
Eugene, OR 97402
Date Received:--94/ddt10
Planner: AL ..
DECISION: Tentative Approval, with conditions, as of the date of this letter. The st3ndards of the
Springfield Development Code (SDC) applicahle to each criterion of Partition Approval are listed herein and
are satisfied by the submitted plans and notes unless specifically noted with findings and conditions
necessary for compliance. PUBLIC AND PRIVATE IMPROVEMENTS, AS WELL AS THE FINAL
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.
(See Attachment A and Page 15 for a summary of the conditions of approval.)
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 ILprocedures listed in SDC 5.1-130 and the
partition criteria of approval, SDC 5.12_100. This application was accepted as complete on August 27, 2008, This
decision is issued on the 41" day of the 120 days mandated by the state.
SITE INFORMATION: The subject site is an irregular-shaped lot with a curved, cul-de-sac frontage on the
northern terminus of 20th Street. The property comprises approximately 44,850 ff (1.03 acres). The Springfield
Urban Growth Boundary (UGB) runs along the northem and eastern edges of the site. The property is zoned and
designated Low Density Residential (LDR) with an Urban Fringe Overlay (UF-IO) in accordance with the Metro
Plan. The Assessor's description for the subject property is Map 17-03-24-00, Tax Lot 500, Approval of the
proposed partition would create two LDR/UF-l0 parcels with frontage on 20th Street Proposed Parcel I would
have approximately 62 feet of frontage on the 20th Street cul-de-sac, and Parcel 2 would take access from a
th .
panhandle driveway onto 20 Street.
WRITTEN COMMENTS:
Procedural Finding: Applications for Limited Land Use Decisions require the notification of property
owners/occupants.within 300 feet of the subject property allowing for a 14 day comment period on the application
(SDC 5,1-130 and 5.2-115), The applicant and parties submitting written comments during the notice period have
appeal rights and are mailed a copy ofthis decision for consideration,
Procedural Finding: In accordance with SDC 5,1-130 and 5.2-115, notice was sent to property owners/occupants
within 300 feet of the subject site on September 3, 2008. No written comments were received,
CRITERIA OF PARTITION TENTATIVE APPROVAL:
(
SDC 5,12-125 states that the Director shall approve or approve with conditions a Partition Tentative Plan application
upon determining that criteria A through J of this Section have been satisfied, If conditions cannot be attached to
satisfY the criteria, the Director shall deny the application,
A. The request conforms to the provisions of this Code pertaining to lot/parcel size and dimensions.
Finding 1: Pursuant to SDC 3.2-215, parcels on the bulb portion of a cul-de-sac shall have a minimum parcel
size of 6,000 square feet with 35 feet of street frontage.
Finding 2: In accordance with SDC 3.2-215, proposed Parcell is approximately 18,380 ff with about 62 feet
. of frontage on the cul-de-sac, which exceeds the minimum requirements for parcel size and street frontage.
Finding 3: Pursuant to SDC 3.2-215, panhandle parcels shall contain at least 4,500 square feet in the pan
portion with at least 20 feet of frontage for a single panhandle parcel.
Date Received: /lj;4M
Planner: AL
2
Finding 4: In accordance with SDC 3.2-215, proposed .Parcel 2 is approximately 26,555 It' (including
roughly 23,960 It' in the pan portion) with 33 feet of panhandle frontage, which exceeds the minimum
requirements for panhandle parcel size and street frontage,
Conclusion: This proposal satisfies Criterion A.
B. The zoning is consistent with the Metro Plan diagram and/or applicable Refinement Plan diagram,
Plan District map, and Conceptual Development Plan.
Finding 5: The subject property is designated Low Density Residential (LDR) by the Metro Plan diagram.
Because the property is not within the Springfield City limits, it is subject to the Urbanizable Fringe Overlay
District (UF-IO). As such, the zoning of the property is LDR/UF-IO, which is consistent with provisions of
the Metro Plan. The applicant is not proposing to change the zoning designation.
Conclusion: This proposal satisfies Criterion B.
C. 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 pnblic improvements shall be available to serve the site at the time of development,
unless othenvise provided for by this Code and other applicable regulations. The Public Works
Director or a utility provider shall determine capacity issues.
General Finding 6: For all public improvements, the applicant shall retain a private professional civil
engineer to design the partition improvements in conformance 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 7: City Building Permits are required for installation of private utilities. The applicant also
may be required to obtain permits from other agencies such as Lane County for connection to rural water
serVice and installation of septic systems, Developers are advised to obtain necessary City and County
permits prior to initiation of construction activity.
General Finding 8: The Public Works Director's representatives have reviewed the proposed partition, City
staff's review comments have been incorporated in findings and conditions contained herein.
General Finding 9: Criterion C contains sub-elements and applicable code standards. The partition
application as submitted complies with the code standards listed under each sub-element unless otherwise
noted with specific fmdings and conclusions, The sub-elements and code standards of Criterion C include but
are not limited to:
Public improvements in accordance with SDC 4,2-100 and 4.3-100
o Public and Private Streets (SDC 4.2-105 - 4.2-145)
o Sanitary Sewer Improvements (SDC 4.3-105)
o Stormwater Management (SDC 4.3-110 - 4.3-115)
o Utilities (SDC 4.3-120 - 4.3-130)
o Water Service and Fire Protection (SDC 4.3-130)
o Public and Private Easements (SDC 4j-140)
Public and Private Streets
Finding 10: Section 4.2-105,G.2 of the Springfield DeveloPlIlent Code requires that whenever a proposed
land division or development will increase traffic on the City street system and that development has any
unimproved street frontage abutting a fully improved street, that street froiltage shall be fully improved to
City specifications. Exception (i) notes that in cases of unimproved streets, an Improvement Agreement
Date Received: I/(J&O!
Planner: AL
3
shall be required as a condition of Development Approval postponing improvements until such time as a
City street improvement project is initiated.
Finding II: The subject pwp~, ~f has frontage on 20th Street, which is classified as a Lane County local
access road, South of the cul-de_sac bulb, 20th Street is improved with paving, curb and gutter, and
underground utilities, The cul-de-sac bulb along the proferty frontage is not paved and lacks curb, gutter,
and sidewalk, Average daily traffic on the segment of 20 Street north of Hayden Bridge Road is estimated
to be fewer than 100 vehicle trips per day.
Finding 12: Lane County Transportation advises that improvement of the full cul-de-sac bulb is
recommended with the subject partition, including installation of curb and gutter along the property
frontage and paving of the bulb area, City staff agree with the County's recommendation to complete the
cul-de-sac paving for the northern terminus of 20th Street. Paving of the cul-de"sac must provide sufficient
width for emergency and service vehicles (such as fire and garbage trucks) to make a turnaround maneuver
within the bulb,
Finding 13: In accordance with SDC 4.3-140, new street trees are required where development abuts
public street rights-of-way, Where street trees cannot be planted in the right-of-way, existing trees in the
front yard setback can be substituted for street trees in accordance with SDC 4.2-l40.B. Maintenance of
street trees on private property is the responsibility of the landowner.
Finding 14: The applicant has proposed two street trees within the frontage of Parcel I, which meets the
requirements of SDC 4.3-140, As noted above, the property owner will be responsible for maintaining the
trees,
Conditions ?f Approval:
1. Prior to approval of the Final Plat, the applicant shall execute and record an Improvement Agreement
for 20th Street for sidewalk, sanitary sewer, storm sewer, and street lighting.
2. Prior to approval of the Final Plat, the applicant shall obtain necessary permits and complete street
improvements to the 20th Street cul-de_sac bulb, including completion of paving and extending the curb
and gutter across the property frontage from a tie-in point on the adjacent p,vp~'~f (Tax Lot 4800) to
the western edge of the Parcel 2 panhandle,
3. Prior to approval of the Final Plat, the applicant shall install two street trees on the Parcel I frontage as
generally depicted on the tentative plan, .'
Conclusion: As conditioned herein, existing transportation facilities would be adequate to accommodate the
additional volume of traffic generated by the proposed development in a safe and efficient manner.
Sanitary Sewer improvements
Finding 15: Section 4.3_105.A 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 sanitarY sewers
shall provide sufficient access for maintenance activities.
Finding 16: The property is presently served by a septic system with drain field. The location of the existing
septic system and drain field is not shown on the Site Assessment Plan, but it is the understanding of staff that
the drain field is located at or near the proposed property line between Parcels I and 2. There are minimum'
property line setback requirements for septic systems and drain fields, Therefore, the existing system will
require decommissioning prior to plat. Decommissioning of the old septic system is under the purview of the
Lane County Sanitarian. '
Date Received: / f 1Jr?0r!'
Planner: AL
4
Finding 17: The tentative partition plan depicts the location of a new septic system and drain field to serve
Parcel 2, but a proposed septic system for Parcel ] is not shown, The Lane County Sanitarian has requested
that the applicant show a replacement drain field for Parcel 2. Additionally, the applicant is to apply for a Site
Evaluation to ensure that a septic system and replacement drain field can be installed on Parcell.
Finding 18: Prior to construction of a dwelling on Parcel I, the landowner/developer will need to obtain a
septic installation pennit from the Lane County Sanitarian,
Conditions of Approval:
4. Prior to approval of the Final Plat, the applicant shall provide written confirmation of on-site septic
system decommissioning from the Lane County Sanitarian. .
5. Prior to approval of the Final Plat, the applicant shall provide a copy of the approved Site Evaluation
from the Lane County Sanitarian that confirms septic system viability on Parcel I,
6. Prior to approval of the Final Plat; the.applicant shall submit a diagram illustrating the plarnied location
of the septic tanks, drain fields and reserve fi~lds serving Parc~ls I and 2.
Conclusion: As conditioned her~in, the l'wl'v,ed sanitary sewer systems are adequate to serve the proposed
development.
Stormwater Management
Qualitv
Finding 19: 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) pennit. A provision of this pennit
requires the City to demonstrate efforts to reduce the pollution in urban stonnwater to the Maximum Extent
Practicable (MEP).
Finding. 20: 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
Stonnwater Management for New Development and Redevelopment", applies to the proposed
development. '
Finding 21: Minimum Control Measure 5 requires the City of Springfield to develop, implement and
enforce a program to ensure the reduction of pollutants in stonnwater runoff to the.MEP. The City also
must develop and implement strategies that include a combination. of structural or non-structural Best
Management Practices (BMPs) appropriate for the community,
Finding 22: Minimum Control Measure 5 requires the City of Springfield to use an ordinance or other
regulatory mechanism to address post-construction runoff from new aIid re_development projects to the
extent allowable under State law. Regulatory mechanisms used by the City include the SDC, the City's
Engineering Design Standards and Procedures Manual and the future Stonnwater Facilities Master Plan
(SFMP),
Finding 23: As required in SDC 4.3-ll0,E, "a development shall be required to employ drainage
management practices approved by the Public Works Director and consistent [with] the Engineering
Design Standards and Procedures Manual',
Date Received:
Planner: AL
~ //7 ~0tJ1-
I /
5
Finding 24: Section 3,02 of the City's EDSPM states the Public Works Department will accept, as interim
design standards for storrnwater quality, water quality facilities designed pursuant to the policies and
procedures of either the City of Portland (BES), or the Clean Water Services (CWS).
Finding 25: The applicant. is proposing to hard-pipe the rooftop runoff from Parcels I and 2 to an existing
drainage ditch running north from the northwest edge of the property. The tie-in detail is depicted on the
Storrnwater Management Plan sheet ofthe applicant's submittal.
Finding 26: The applicant is proposing to extend a private 4-inch stormwater drain pipe in a westerly
direction from the building envelope area on Parcel I, across the Parcel 2 panhandle to a point near the
western boundary of Parcel 2, and thence northward and parallel with the existing 36-inch storrnwater drain
pipe extending from 20th Street. The applicant is proposing to run the private 4-inch stormwater drain pipe
inside a proposed lO-foot wide public drainage easement along the westem boundary of Parcel 2. Private
utilities are typically excluded from co-locating with public utilities in public easements unless they cross at a
perpendicular angle. Therefore, a separate and parallel private stormwater drainage easement will be required
for the proposed drain pipe located within Parcel I and serving Parcel 2. Additionally, the private 4-inch .
drainage pipe will have to be relocated outside the public drainage easement.
Finding 27: The private stormwater drainage easement should be sufficiently wide to accommodate the 4-
inch pipe and allow for maintenance and replacement activities, Therefore, a 5-foot wide private easement is
recommended. However, the applicant can vary the private easement width as may be necessary to ensure
adequate setbacks are maintained for the proposed house (and eaves) on Parcel 2.
Finding 28: In accordance with SDC Section 4.3-l40A, the minimum width for all public utility easements
(PUEs) shall be 7 feet unless the Public Works Director requires a larger easement to allow for adequate
maintenance. To adequately accommodate the existing 36-inch stormwaterdrainage pipe, a 14-foot wide
public easement will be required to ensure maintenance and replacement activities can be conducted within
the easement area,
Ouantitv
Finding 29: Section 4.3-1 lO,B of the SDC requires that the Approval Authority shall grant development
approval only where adequate public and/or private storm water management system provisions have been
made as deterrnined by the Public Works Director, consistent with the EDSPM.
Finding 30: Section 4.3-11 O,D of the SDC requires that runoff from a development shall be directed to an
approved storrnwater management system with sufficient capacity to accept the discharge. .
Finding 31: Section 4.3-llO,E of the SDC requires new developments to employ drainage management
practices that minimize the amount and rate of surface runoff into receiving streams, and that promote water
quality.
Finding 32: To comply with Sections 4.3-11 O,D & E, storrnwater runoff from the site will be directed to an
existing drainage ditch extending north from the northwest comer of the site. The ditch eventually discharges
to the McKenzie River system north of the site,
Conditions of Approval:
7. To accommodate the existing 36-inch stormwater pipe, the Final Plat shall provide for dedication of a 14-
foot wide public easement along the western boundary of Parcel 2.
8. Prior to approval of the Final Plat, the applicant shall prepare and submit a revised Storrnwater
Management Plan that shows the 4-inch storrnwaterdrainage pipe serving Parcel I relocated .outside the
l4-foot wide public easement on Parcel 2.
Date Received: /;)7/!)~'1"
Planner: AL
6
9. The Final.Plat shall provide for dedication of a private easement on Parcel 2 for the benefit of Parcel I.
The easement shall be sufficiently wide to contain the 4_inch stormater drainage pipe and allow for
maintenance and replacement activities.
10. Prior to approval of the Final Plat, the 4-inch storrnwater qrainage pipe serving Parcels I and 2 shall be
installed from the Parcel I building envelope to the outfall apron as generally depicted on the tentative
plan,
Conclusion: As conditioned herein, the V' uvu,ed stormwater management system is adequate to serve the
proposed development.
Utilities
Finding 33: Section 4.3-120,B of the SDC requires each developer to make arrangements with the utility
provider to provide utility lines and facilities to serve the development area. Springfield Utility Board
(SUB) Electric is the provider for electrical service to the subject property,
Finding 34: The applicant is responsible for the cost of design and installation of utility lines and facilities.
In accordance with SDC 4.3-125, all utility lines shall be placed underground, .
Finding 35: The applicant is proposing to extend electrical and telecommunication lines from existing
connection points in 20th Street. SUB Electric has requested the provision of utility easements necessary to
serve the partition area, The requested easements include a 7,foot wide streetside PUE along the frontage
of Parcels I and 2; a 10-foot wide easement along the south boundary of Parcel I; and a 10-foot wide
easement along the eastern boundaries of Parcels I and 2 to the northeast corner of the subject property,
Finding 36: Consistent with the SUB Electric request, the applicant's tentative partition plan depicts a 10-
foot wide PUE along the southern and eastern boundaries of Parcel I and along the eastern boundary of
Parcel 2. Provision of a streetside PUE is discussed in a following section (below).
Condition of Approval:
11. As depicted on the applicant's tentative partition plan, the Final Plat shall provide for dedication of a ] 0-
foot wide utility easement along the southern and eastern boundaries of Parcel I and the eastern boundary
of Parcel 2. .
Conclusion: As conditioned herein, the proposal satisfies this sub-element of the criterion,
Water Service and Fire Protection
Finding 37: Section 4.3-130,A of the SDC requires each development area to be provided with a water
system having sufficiently sized mains and lesser lines to furnish adequate supply to the development and
sufficient access for maintenance. The subject site is within the service area of Rainbow Water District.
Finding 38: Rainbow Water District has provided written confirmation that water service can be extended
to the two proposed parcels.
Finding 39: There is an existing fire hydrant at the southeast corner of Hayden Bridge Road and 21 ,( Street.
However, the hydrant is more than 600 feet away from the furthest points of the proposed house on Parcel
2 when taking the shortest approved route between the hydrant and the subject property, Therefore, a. fire
hydrant will be required with this proposed development.
Finding 40: In accordance with the Springfield Fire Code (SFC) 503.2.3 and SFC Appendix Dl02.1, a fire
apparatus access road (driveway) must be capable of handling an 80,000 lb. imposed load, The driveway
Date Heceived: / J ;; I~ol'
Planner: AL 1/
7
also needs to provide at least 20 feet of clear width for emergency access. The applicant has not provided a
plan detail for the panhandle driveway serving Parcel 2,
Finding 41: In accordance with SFC 503.3 and SFC Appendix D103,6, "No Parking - Fire Lane" signage
is required along fire apparatus access routes and within the cul-de-sac turnaround bulb, Spacing of fire
lane signs must be consistent with recommendations of the Manual on Uniform Traffic Control Devices
and the Traffic Control Devices Handbook,
Conditions of Approval:
12. Prior to approval of the Final Plat, the applicant shall install an operating public fire hydrant within the
public street frontage of 20th Street. The hydrant shall be constructed to City specifications and be located
so as to provide adequate protection for structures on Parcels I and 2.
13. Prior to approval of the Final Plat, the applicant shall install "No Parking - Fire Lane" signage around
the cul-de-sac bulb and along the Parcel 2 panhandle driveway in accordance with SFC requirements,
Conclusion: As conditioned herein, the proposal satisfies this sub-element of the criterion.
Public and Private Easements
Finding 42: Section 4.3-140,A of the SDC requires applicants proposing developments to make
arrangements with the City and each utility provider for the dedication of utility easements necessary to
fully service the development or land beyond the development area, The minimum width for PUEs
adjacent to street rights-of-way shall be 7 feet, The minimum width for all other public utility easements
. shall be 7 feet unless the Public Works Director requires a larger. easement to allow for adequate
maintenance. -
Finding 43: The applicant's tentative plan does not show a 7-foot wide streetside PUE along the frontage
of-Parcels I and 2. .
Finding 44: The applicant's tentative plan shows ~o existing EWEB easements affecting the property
(#75-22936 and Book 178, Page 158), The applicant proposes to vacate the easements and record alternate
utility easements to serve the development area, However, verification that the easements have been
vacated has not been .provided with the applicant's tent.ative plan. Additionally, the applicant has obtained
building permits for construction ofa single family dwelling within an existing utility easement area.
Finding 45: As previously noted and conditioned (Conditions 7, 9 and 11), public and private easements
will be required to accommodate existing and proposed utilities serving the pwp~Hf,
, '
Conditions of Approval:
14. The Final Plat shall provide for dedication of a 7-foot wide PUB along the 20th Street frontage of
Parcels I and 2. .
15. Prior to approval of the Final Plat, the applicant shall effect the release of the EWEB easements
affecting Parcel 2 and provide evidence thereof to the City.
Conclusion: As conditioned herein, this proposal satisfies this sub-element of the criterion, Therefore, as
noted above and conditioned herein, the proposal satisfies Criterion C.
DatE! Received: 1!~J7<f'" 8
Planner: AL
D. The proposed development shall comply with all. applicable public and private. design and
construction standards contained in this Code and other applicable regnlations.
General Finding 46: Criterion D contains two elements with sub-elements and applicable Code standards..
The partition application as submitted complies with the code standards listed under each sub-element unless
otherwise noted with specific findings and conclusions. The elements, sulrelements and Code standards of
Criterion D include but are not limited to:
D.l Conformance with standards of SDC 3.2-200 (Residential Zoning), SDC 4.4-100 (Landscaping,
Screening and Fence Standards), SDC 4.6-100 (Vehicle Parking, Loading and Bicycle Parking
Standards), and SDC 5,17-100 (Site Plan Review)
o Parcel Coverage and Setbacks (SDC 3.2"215)
o Height Standards (SDC 3.2-215)
o Landscaping Standards (SDC 4.4-105)
o Screening (SDC 4.4-11 0)
o Fence Standards (SDC 4.4-1 15)
o On-Site Lighting Standards (SDC 4,5-100)
o Vehicle Parking Standards (SDC 4,6-100)
D.2 Overlay Districts and Applicable Refmement Plan Requirements
o The site is within the Zone of Contribution for Springfield drinking water wells.
o The site is not within an adopted Refmement Plan area.
o The site is within the Floodplain Overlay District.
o The site is within the Urbanizable Fringe Overlay District
D.l Conformance with standards of SDC 3.2-200 (Residential Zoning), SDC 4.4-100 (Landscaping,
Screening and Fence Standards), SDC 4.6-100 (Vehicle Parking, Loading and Bicycle Parking
Standards), and SDC 5.17-100 (Site Plan Review)
Parcel Coverage and Setbacks
Finding 47: The applicant is proposing to construct a dwelling on Parcel 2, As proposed, the dwelling on
Parcel 2 meets the required building setbacks oftheLDR District.
Finding 48: The building footprint of the proposed dwellingon Parcel 2 is depicted on the tentative plan,
and should not exceed the maximum lot coverage (45%) ofSDC 3.2-215.
Height Standards
Finding 49: In accordance with SDC 3.2"225, the maximum building height in the LDR District is 30 feet,
except where modified by solar access standards,
Finding 50: The property to the nort~ of Parcel 2 is in the mapped FEMA floodway and is outside the
City's Urban Growth Boundary (UGB). Therefore, the property to the north is not considered developable
residential land for the purpose of determining height standards and solar access requirements,
Landscaping Standards
Finding 51: In accordance with SDC 3.2-215 footnote (5), all building setbacks shall be landscaped unless
the setback is for a garage or carport,
Screening
Finding 52:
There is no requirement to install screening between comparable residential parcels.
I!~pr
Date, ~e.ceived'
Planner: AL
9'
Fence Standards
Finding 53: The Development Code regulates the height and style of fencing in residential districts.
However, there is no requirement for fencing between comparable residential parcels. Fencing is at the
discretion of the two abutting landowners,
On-Site Lighting Standards
Fi~ding 54: It is not expected that outdoor residential lighting for the proposed dwelling will cause light
trespass onto adjacent properties.
V e~icle Parking Standards
Finding 55: In accordance with SDC 4,6-100, a minimum of two off-street parking spaces are required for
each dwelling unit. The parking requirement for Parcel 2 can be accommodated with the proposed
driveway and garage,
Finding 56: At least two paved off-street parking spaces will be required prior to issuance of occupancy for
a future house on Parcel I.
Condition of Approval:
16. Prior to issuance of Final Occupancy for a dwelling on Parcel I, at least two paved off-street parking
spaces shall be developed on the site,
Conclusion: As conditioned herein, this proposal satisfies Criterion D.I.
D.2 Overlay Districts and Applicable Refinement Plan Requirements
Finding 57: Development Review staff have reviewed the application in regard to the Drinking Water
Protection Overlay District and Refinement Plim requirements. The subject site is within the combined
10/20 Year Time of Travel Zones/Zone of Contribution for the Pierce wellhead. No specific policies of the
DWP Overlay District or the Metro Plan apply to the proposed partition,
Finding 58: The site is not within an adopted Refinement Plan area.
Finding 59: The applicant previously obtained a Floodplain Overlay District (FPO) approval for the
property to facilitate construction of a house on Parcel 2 (Case SHR2008-00006). The established Base
Flood Elevation (BFE) for the property (prior to partition) was calculated to be approximately 452.1 feet.
In accordance with the FPO approval and.SDC 3,3-420.B.I, the finished floor elevation for dwellings on
Parcels I and 2 must be elevated at least 1 foot above the BFE. A deed restriction or similar mechanism
will need to be recorded against Parcels I and 2 to ensure the finished floor elevations meet the
requirements ofthe applicant's FPO approval for the property.
Finding 60: The applicant is proposing a land division that triggers the requirements of SDC 3.3-420,AA
Subdivision Prooosals. which states:
a. All subdivision proposals shall be consistent with the need to minimize flood damage;
b. All subdivision proposals shall have public utilities and facilities, including, but not limited to:
sewer, gas, electrical and water systems located, constructed and maintained to minimize flood
damage;
c. All subdivision proposals shall have adequate drainage to reduce exposure to flood damage; and
Date Received' /lj7~{)1' 10
/ /
Planner: AL
d. One hundred-year flood elevation data shall be provided and shown on final and subdivision plats,
The boundaries of the I OO-yel!'" flood and floodway shall be shown on the final subdivision plat;
e, A permanent monument shall be established and maintained on land subdivided, showing the
elevation in feet above mean sea level. The location of the monument shall be .shown on the fmal
partition map or partition plat;
f. Where base flood elevation data has not been provided or is not available from another authoritative
source, it shall be prepared by the applicant's engineer for subdivision proposals and other proposed
developments which contain at least 50 lots or 5 acres (whichever is less),
Finding 61: The applicant has not shown flood elevation data on the proposed tentative plan, To meet the.
requirements of SDC 3.3-420.AA, a survey monument will need to be installed for each of the two parcels
showing the elevation in feet above mean sea level. Additionally, the floodplain information is to be shown
on the partition plat and should be listed on the property deed.
Finding 62: The property is subject to provisions of the Urbanizable Fringe Overlay District, SDC 3.3-800,
In accordance with SDC 3.3-820,B, partitions in the UF-lO District are reviewed under Type n procedure,
Finding 63: The proposal is consistent with provisions of SDC 3.3-800 for partitions and residential
construction within the UF-I 0 area.
Conditions of Approval:
17. Prior to approval of the Final Plat, the applicant shall have a survey monument establishing the
elevation above mean sea level installed for each of Parcels I and 2.
18. The Final Plat map shall note the location of the survey monuments on Parcels I and 2 and shall
contain flood elevation data as required by SDC 3.3-420.AA,d,
19. Prior to or concurrent with approval of the Final Plat, the applicant shall record a deed restriction or
similar mechanism against Parcels I and 2 advising the property owner and future successors of the flood
elevation data, including the calculated base flood elevation for the parcels.
. 20. Prior to issuance of a residential building permit for Parcel I, the flood elevation information shall be'
provided to confirm the dwelling is constructed with a finished floor elevation at least one foot above the.
base flood elevation.
Conclusion: As conditioned herein, this proposal satisfies Criterion D,2,
. '
E. Physical features, including,. but not limited to: steep slopes with unstable soil or geologic conditions;
areas with susceptibility to flooding; significant clusters of trees and shruhs; watercourses shown on the
Water Quality Limited Watercourse Map and their associated riparian areas; other riparian areas and
wetlands specified in Section 4.3-117; rock outcroppings; open spaces; and areas of historic and/or
archaeological significance, as may be specified in Section 3.3-900 or ORS 97.740-760, 358.90~955 and
390.23~240, shall be protected features have been evaluated and protected as specified in this Code or
in State or Federal law.
Finding 64: The site does not contain steep slopes or unstable soils.
Finding 65: The site is not within an identified wetland area and does not contain significant trees or
shrubs.
Date Heceived' /:}~o f
Planner: AL
II
Finding 66: As n?ted above, the applicant has obtained a Floodplain Overlay District approval for the
property.
Finding 67: The Metro Area General Plan, Water Qualily Limited Watercourse Map, State Designated
Wetlands Map, Hydric Soils Map, Wellhead Protection Zone 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 "c" felony to
proceed under ORS 97,740,
Conclusion: This proposal satisfies Criterion E.
F. Parking areas and ingresS'-egress points have been designed to: facilitate vehicular traffic, bicycle and
pedestrian safely to avoid congestion; provide connectivily within the development area and to
adjacent residential areas, transit stops, neighborhood activity centers, and commercial, industrial and
public areas; minimize driveways 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 68: The Development Review Committee reviewed the proposed 2-lot partition at a meeting on
September 2, 2008, As noted and conditioned herein, the existing and proposed driveways are sufficient to
serve the proposed parcels. As previously conditioned, provision of off-street parking will be required for a
future dwelling on Parcell (Condition 16),
Transportation System Impacts
Finding 69: The portion of 20th Street north of Hayden Bridge Road is a Lane Counly local access road
with a 32-foot wide asphalt-paved roadway within a 60-foot wide right-of-way. The asphalt paving,
stormwaterdrainage, and curb and gutter ends near the southwest comer of the property. .At the southern
edge of the subject property, 20th Street becomes a gravel cul-de-sac bulb with a 46-foot radius.
Finding 70: In accordance with SDC 4.2-105,E,I, a dead-end street must terminate in a cul-de-sac bulb,
hammerhead, or other design that provides an adequate vehicle turnaround area.
Finding 71: The applicant is proposing to remove an existing dwelling and build a new dwelling on Parcel
2. Parcel I would remain vacant. Based on lYE Land Use Code 210 (Single-Family Detached Housing)
full development of Parcel I with a single-family residential use would generate 10 additional vehicle trips
per day and I PM peak-hour vehicle trip onto the surrounding street system,
Finding 72: Assumed development also 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 variely of
land uses, including this site, Pedestrian and bicycle trips create the need for sidewalks, pedestrian crossing
signals, crosswalks, bicycle parking and bicycle lanes,
Finding 73: As previously noted and conditioned, the propos.ed partition creates the need for paving, curb
and gutter, sidewalk and street lighting improvements on 20th Street. Paving, curb and gutter is a
requirement of this decision, and at present there is no sidewalk along 20th Street north of Hayden Bridge
Road. Therefore, the future sidewalk and street lighting improvements can be deferred through an executed
Improvement Agreement.
Finding 74: The nearest regular transit bus service is provided by LTD Routes #18 (MohawklFairview)
and #19 (Fairview/Mohawk) operating along Q Street and Marcola Road.
Date Received: / :)~/Jr
Planner: AL
12
Finding 75: As proposed and previously conditioned herein, existing transportation facilities would be
adequate to accommodate the additional volume of traffic generated by the proposed development.
Site Access and Circulation
Finding 76: Installation of driveways on a street increases the number of traffic conflict points. A greater
number of conflict points increases the probability of traffic crashes, SDC 4.2-120 permits each parcel to
have one driveway access,
Finding 77: As stated previously, the driveway serving Parcel 2 will need to be designed to handle an
80,000 Ib, imposed load, Additionally, the driveway will need to provide at least 20 feet clear width for
emergency vehicles.
Finding 78: The applicant is proposing to install a gravel panhandle driveway to serve the dwelling on
Parcel 2, As previously noted and conditioned, the applicant will be responsible for improving the street
frontage of Parcels I and 2, In accordance with SDC 3.2-220.A,5, the panhandle driveway must be paved
from the edge of pavement on 20th Street to the pan portion of Parcel 2, Therefore, at least 65 feet of the
Parcel 2 panhandle driveway (as measured from the south property line on 20th Street) is to be paved,
Installation and paving of the driveway must occur prior to issuance of occupancy for the dwelling on
Parcel 2.
Finding 79: A Lane County Facility Permit may be required to install new or modified driveways on 20th
Street and to connect with existing utilities in the public right-of-way,
Finding 80: The proposed partition also will create the need for one additional driveway to serve Parcel I.
The applicant has not shown a potential location for the new driveway on the submitted tentative plan, In
accordance with SDC Table 4.2-2, the Parcel I driveway will have to be at least 12 feet wide and paved at
least 18 feet into the site.
Finding 81: As proposed and conditioned herein, the existing facilities are adequate to meet the site access,
driveway, and vision clearance requirements of SDC 4.2-120 and 4.2-130.
Conditions of Approval:
21. Prior to approval of the Final Plat, the applicant shall provide a pavement detail for the Parcel 2
driveway confirming that it can support an 80,000 lb. imposed load,
22. Prior to issuance of occupancy for a dwelling on Parcel 2, the panhandle driveway shall be paved at
least 65 feet into the site as measured from the south property line on 20th Street.
23. The applicant shall obtain Lane County permits as may be required to install. new or modified
driveways to serve the development site and to connect with public utilities in the street right-of-way.
Wherever necessary, the applicant shall provide evidence of approved Lane County permits when
requesting City Building Permits for the development site.
24. The applicant shall provide and maintain adequate vision clearance triangles at the comers of the site
driveways in accordance with SDC 4.2-130,
25. A maximum of one driveway will be permitted to serve the future dwelling on Parcel I, The driveway
shall be paved at least 18 feet into the site as measured from the 20th Street right-of-way.
Conclusion: As conditioned herein, this proposal satisfies Criterion F.
Date Received:47/.k:e>f
Planner: .AL
13
G. Development of any remainder of the property under the same ownership can be accomplished as
specified in this Code.
Finding 82: The adjacent parcel to the north, which is outside the UGB, is also oWned by t~e applicant. To
ensure legal and physical access to Tax Lot 505 can be maintained, an access easement across Parcel 2 will be
required, Aside from Tax Lot 505, there is no other property under the same ownership that can be further
developed. '
Condition of Approval:
26. The Final Plat shall provide for dedication of an access ea:;ement across Parcel 2 for the benefit of Tax
Lot 505, unless the applicant can demonstrate to the satisfaction of the City that legal and physical
access to Tax Lot 505 can be provided through an alternate mechanism.
Conclusion: As conditioned herein, this proposal satisfies Criterion G.
H. Adjacent land can be developed or is provided access that will allow its development as specified in this
Code.
Finding 83: Adjacent land to the east and west is currently developed with residential dwellings and has
access to public streets. Tax Lot 505 is almost entirely within the floodway, and therefore has limited
development potentiaL As previously conditioned (Condition 26), provisions have been made in this decision
to maintain legal and physical access to Tax Lot505.
Conclusion: This proposal satisfies Criterion H.
I. Where the Partition of property that is outside of the city limits but within the City's urbanizable area
and no concurrent annexation application is submitted, the standards specified below shall also apply.
1. The minimum area for the partitioning ofland in the UF-I0 Overlay District shall be 10 acres.
2. EXCEPTIONS:
a. Any proposed new parcel between 5 and 10 acres shall require a Future Development Plan
as specified in Section 5.12.120.E for ultimate development with urban densitieS as required
in this Code.
b. In addition to the standards of Subsection 2.a., above, any proposed new parcel that is less
than. 5 acres shall meet 1 of the following standards:
i. The property to be partitioned shall be owned or operated by a governmental
agency or public utility; or
ii. A majority of parcels located within 100 feet of the property to be partitioned shall
be smaller than 5 acres. .
iii. No more than 3 parcels shall be created from 1 tract of land while the property
remains within the UF -10 Overlay District.
EXCEPTION: Land within the UF-I0 Overlay District may be partitioned more
than once as long as no proposed parcel is less than 5 acres in size.
Finding 84: The property involved in this proposal is outside the City limits, Therefore, provisions of the
UF-IO District apply to this site. '
Dati:l i"iaceived:
Planner: AL
1J!7P,;O,/"
I
14
Finding 85: In accordance with SDC 5,12-125.1.2.b.ii, the majority of parcels within I 00. feet ofthe subject
site are less than 5 acres in size. Therefore, the proposal meets this requirement.
Conclusion: This.proposal satisfies Criterion L
CONCLUSION: The tentative partition, as submitted and conditioned, complies with Criteria A-I of SDC
5.12-125. Portions oftbe proposal approved as submitted may not be substantively changed during platting
.without an approved modification application in accordance with SDC 5.12-145.
What needs to be done: The applicant will have up to one vear from the date of this letter to meet the applicable
conditions of approval or Development Code standards and to submit a Final Partition Plat. Please refer to SDC
5.12-135 & 5.12-140 for more information. THE PUBLIC AND PRIVATE IMPROVEMENTS AND THE
FINAL PLAT MUST BE IN SUBSTANTIAL CONFORMITY WITH THE TENTATIVE PLANS AND
THE CONDITIONS OF APPROVAL.
The Final Plat is required to 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 Department, the Plat may be submitted to Lane
County Surveyor for signatures prior to recording. No individual lots may be . transferred until the plat is
recorded and five (5) copies of the filed partition are returned to the Development Services Department by
the applicant. .
CONDITIONS OF.APPROV AI.:
1. Prior to approval of the Final Plat, the applicant shall execute and record an Improvement Agreement for 20th
Street for sidewalk, sanitary sewer, storm sewer, and street lighting,
2. Prior to approval of the Final Plat, the applicant shall obtain necessary permits and complete street
improvements to the 20th Street cul-de-sac bulb, including completion of paving and extending the curb and
gutter across the property frontage from a tie-in point on the adjacent property (Tax Lot 4800) to the western
edge of the Parcel 2 panhandle,
3. Prior to approval of the Final Plat, the applicant shall install two street trees on the Parcel I frontage as
generally depicted on the tentative plan.
4. Prior to approval of the Final Plat, the applicant shall provide written confirmation of on-site septic system
decommissioning from the Lane County Sanitarian,
5. Prior to approval of the Final Plat, the applicant shall provide a copy of the approved Site Evaluation from the
Lane County Sanitarian that confirms septic system viability on Parcell.
6. Prior to approval of the Final Plat, the applicant shall submit a diagram illustrating the planned location of the,
septic tanks, drain fields and reserve fields serving Parcels I and 2, .
7. To accommodate the existing 36-inch stormwater pipe, the Final Plat shall provide for dedication of a 14-foot
wide public easement along the western boundary of Parcel 2,
8. Prior to approval of the Final Plat, the applicant shall prepare and submita revised Stormwater Management Plan
that shows the 4-inch stormwater drainage pipe serving Parcel I relocated outside the 14-foot wide public
easement on Parcel 2.
9. The Final Plat shall provide for dedication of a private easement on Parcel 2 for the benefit of Parcell. The
easement shall be sufficiently wide to contain the 4-inch stonnater drainage pipe and allow for maintenance and
replacement activities.
Dat"" i'\eceived'
Planner: AL
/;/I7/JOOf
,
15
10. Prior to approval of the Final Plat, the 4-inch stormwater drainage pipe serving Parcels I and 2 shall be installed'.
from the Parcell. building envelope to the outfall apron as generally depicted on the tentative pliill'
11. As depicted on the applicant's tentative partition plan, the Final Plat shall provide for dedication of a lO-foot wide
utility easement along the southern and eastern boundaries of Parcel I and the eastem boundary of Parcel 2,
12. Prior to approval of the Final Plat, the applicant shall install an operating public fIre hydrant within the public
street frontage of 20th Street. The hydrant shall be constructed to City specifiCations and be located so as to
provide adequate protection for structures on Parcels I and 2.
13. Prior to approval of the Final Plat, the applicant shall install "No Parking - Fire Lane" signage around the cul-
de-sac bulb and along the Parcel 2 panhandle driveway in accordance with SFC requirements.
14. The Final Plat shall provide for dedication of a 7-foot wide PUE along the 20th Street frontage of Parcels I and
2,
15. Prior to approval of the Final Plat, the applicant shall effect the release ofthe EWEB easements affecting Parcel
2 and provide evidence thereofto the City,
16. Prior to issuance of Final Occupancy for.a dwelling on Parcell, at least two paved off-street parking spaces
shall be developed on the site,
17. Prior to approval of the Final Plat, the applicant shall have a survey comer monument establishing the elevation
above mean sea level installed for each of Parcels I and 2. -
18. The Final Plat map shall note the location of the survey monuments on Parcels I and 2 and shall contain flood
. elevation data as required by SDC 3.3-420.AA.d.
19. Prior to or concurrent with approval of the Final Plat, the applicant shall record a deed restriction or similar
mechanism against Parcels I and 2 advising the property owner and future successors of the flood elevation data,
including the calculated base flood elevation for the parcels.
20. Prior to issuance of a residential building permit for Parcel I, the flood elevation information shall be provided to
confIrm the dwelling is constructed with a fInished floor elevation at least one foot above the base flood elevation,
21. Prior to approval of the Final Plat, the applicant shall provide a pavement detail for the Parcel 2 driveway
confIrming that it can support an 80,000 lb, imposed load, .
22. Prior to issuance of occupancy for a dwelling on Parcel 2, the panhandle driveway shall be payed at least 65
feet into the site as measured from the south property line on 20th Street.
23. The applicant shall obtain Lane County permits as may be required to install new or modifIed driveways to
serve the development site and to connect with public utilities in the street right-of-way. Wherever necessary,
the applicant shall provide evidence of approved Lane County permits when requesting City Building Permits'
for the development site, .
24. The applicant shall provide and maintain adequate vision clearance triangles at the corners of the site driveways
in accordance with SDC 4.2-130, .
25. A maximum of one driveway will be permitted to serve the future dwelling on Parcel I. The driveway shall be
paved at least] 8 feet into the site as measured from the 20th Street right-of-way,
Date Received:-*~ol'. 16
Planner: AL
26. The Final Plat shall provide for dedication of an access easement across Parcel 2 for the benefit of Tax Lot 505,
unless the applicant can demonstrate to the satisfaction of the City that legal and physical access to Tax Lot 505
can be provided through an altemate mechanism, .
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 Partition decision is considered a decision of the Director and as such may be
appealed to the Planning Commission. The appeal may be filed with the Development Services Department by an
affected party.. The appeal must be in accordance with SDC 5.3-100, 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 5.3-115 which provides for a 15-day appeal period and Oregon 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 October 22,
2008.
Questions: Please call Andy Limbirdin the Planning Division of the Development Services Department at (541)
726-3784 or email alimhird@ci,snrimIfielcLorus if you have any questions regarding this process,
Prepared By:
;t~ /t~
Anq{t:imbird .
Pla~ner II
End: Attachment A - Tentative partition Plan
Dat~ Received: //~/.?Oo!
Planner: AL
]7
Please be advised that the following is provided for information only and is not a component of the
partition decision.
FEES AND PERMITS
Svstems Develooment Chafl!es:
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 IT, Article II), 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 permit issuance for buildings or site
improvements on each portion or phase of the development.
Among other charges, SDCs for park and recreation improvements will be collected at time of building permit
issuance for a future house on Parcel 2, and would be based on the SDC policy in effect at that time. WilIamalane
Park and Recreation District advises that the SDC for park and recreation improvements is presently $2,513 for
each new single-family dwelling,
SanitarY Sewer In-Lieu-Of-Assessment:
Pay a Sanitary Sewer In-Lieu-Of-Assessment charge in addition to tile regular 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 determine if In-Lieu-Of-Assessment charge is
applicable. lOrd. 5584]
Public Infrastructure Fees:
It is the responsibility of the private developer to fund the public infrastructure required to provide utilities to the
property.
Other City Permits:
/ . Building Permits - In addition to standard requirements, the developer shall abide by the solar setback
requirements of SDC 3.2-225 when submitting for building permits for the dwelling on Parcel 2.
. Encroachment Permit or Sewer Hookup Permit - Required for working within a right-of-way or public
easement. Example: a new tap to the public storm or sanitary sewer, or adjusting a manhole. The current rate
is $135 for processing plus applicable fees and deposits.
. Land & Drainage Alteration Permit (LDAP) - An LDAP will be required for new home construction, Contact
the Springfield Public Works Department at 726-5849 for appropriate application requirements,
Additional oermits/aoorovals that may be necessarY:
. Plumbing Permit to install storm water drain pipes and connect the future house to adrywell system
. Electrical Permit
. Division of State Lands (stormwater discharge, wetlands)
. Department of Environmental Quality (erosion control, stormwater discharge, wetlands)
. US Army Corps of Engineers (stormwater discharge, wetlands)
Date Received: ////7/J.eX>j'
Planner: AL
18
L1MBIRD Andrew
Subject:
BAJRACHARYA Shashi [ShashLBAJRACHARYA@co.lane.or.us]
Wednesday, September 10, 2008 11 :00 AM
L1MBIRD Andrew
SHANKLE William E; BAJRACHARYA Shashi; BARRY Celia; BERNARD Mark A; FIELDS
.Phil; LEMHOUSE Brad; PETSCH John S
DRC2008-00057, Springfield, partition, McLaughlin,20th St
From:
Sent:
To:
Cc:
TP File#:
City File #:
Applicant:
Proposal:
Assessors Map:
TL
Address:
DRC2008-00057
Jim McLaughlin
Create 2 parcels
17 -03-24-00
500
2833 20th St.
Comments from Lane County Transportation Planning (TP)
The subject property is located inside the Urban Growth Boundary (UGB) of the Springfield City
Limits. The property abuts on cul-de-sac.section of 20th St. While 20th St cul-de-sac is functionally
classified as a Local Access Road, the road .connecting to it, Le" 20th St is functionally classified as
an Urban Local Road in the Lane County Transportation System Plan. The cul-de-sac is unimproved
but 20th St is 32 foot wide, paved road with curbs on both sides, 20th St is also provided with
stormwater facilities.
The subject property is proposed for partition into 2 parcels, Both lots take access from the cul-de-
sac. The new lot has about 33 ft frontage on the cul-de-sac.
As defined in LC 15.010(35)(e)(vii), a public road is not maintained by the County, but County may
regulate its use, Since land use decision making of incorporated and unincorporated lands within the
UGB lies with the respective Metro cities, it would be more effective that the City regulate public
roads within its jurisdiction. In this particular situation of mixed road status, the County recommends
that the City annex the public road along with the property into the City Limits and apply City's road
standards.
It is reasonable that the City require the applicant to improve the cul-de-sac to provide pedestrian and
vehicular connectivity between the unimproved cul-de-sac and the improved 20th St. The
improvement standards should match with the existing improvements on 20th St.
LC 15.205 Lane County facility Permit
A facility permit shall be required for placement of facilities within the right-of-way of 20th St. Facilities
and development includes, but is not limited to, road improvements, sidewalks, new or reconstructed
driveway or road approach intersections, utility placements, excavation, clearing, grading, culvert
placement or replacement, storm water facilities, or any other facility, thing, or appurtenance [LC
15,205(1 )].
However, there is no need for facility permit to connect the proposed driveway with the cul-de-sac.
Lane Manual 15.515 - Drainage
(I) Roadside ditches and other drainage facilities shall be designed solely to promote drainage
. of the roadway without interfering with natural waterways. Whe er a road crosses a natural
Date Received: /1t7~",fl 9 J//,70dd
Planner: AL I
channel or waterway, culverts shall be installed to maintain the natural water flow. Such
natural waterway shall be identified by survey of the topography and/or aerial photography of
surrounding terrain:
(ii) Water shall not be diverted from a natural channel or otherwise from private property down
a roadside ditch. .
No stormwaterfrom the subject property shall be allowed to drain onto the' public right of way
including the local access road section or to connect with the County's stormwater system. The
applicant has provided a stormwater management plan showing a planned drainage outfall.
. Lane Countv reauests the followina conditions of aDDroval as Dart of the tentative Dartition
aooroval:
County facility permits are required to review any n'ew driveway app~oaches, existing driveways
without a facility permit, or any work inside the county road right-of-way, The following requirements
shall. be met as part of the facility permit process,
(a) All requirements of the facility permits shall be met, constructed, inspected, and approved as
specified in the issued facility permit. Facility permit requirements are in LC 15.200-210.
(b) Per LC 15.138(6), the facility permit application shall include a copy of site plans for new
development showing the location and width of access serving the property at the intersection of the
property and road right-of~way, including all driveway and road approaches to be retained, relocated,
added or closed on the subject property, and adjacent properties as necessary to assure
conformance with spacing standards.
(c) The application shall include a copy of the approved preliminary partition plan and conditions of
approval.
Thanks for providing us the opportunity to comment on the proposal. Please contact 682-6902 or visit
htto://www,lanecountv.ora/RiahtOfWav for information about facility permits and associated fees.
Shashi Bajrac.hazya, F.E.
Sr. Engineering Associate
Transportation Planning, Engineering Div.
Lane County PWD,
3040 North Delta Highway
Eugene, OR 97408 .
(541) 682 6932
Date Received:
Planner: AL
':lI7/#O~
2
Date Received:
. Planner: AL