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Home My WebLink AboutMiscellaneous Miscellaneous 11/24/2008 SPRINGFIELD CITY HALL Monday * CITY COUNCIL 'CHAMBERS * 225 FIFill STREET * 541-726-3753 ,November 24,2008 9:30A.M Hearings Official 1. ~UASI-.JUDICIAL PUB LIC HEARING CONDUCT OF QUASI-JUDICIAL HEARINGS BEFORE THE HEARINGS OFFICIAL .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. .:. A. , Staffwill explain additional procedural requirements mandated by State Law (ORS 197) Commencement ofthe hearing Declaration of conflict of interest or "ex-parte" contact Staff Report Testimony from the applicant Testimony of those in support Testimony of those in opposition Questions from the Hearing Official Summation by staff Rebuttal from the applicant Close of the Public Hearing Hearing Officia1,discussion (possible questions to staff or public) Hearings Officials decision with Fina.! Order signed"incorporating findings and reasoning to support decision APPEAL OF DIRECTOR'S DECISION ZON2008-00038 (Land Partition JO# SUB2008-00039) The Appellant is requesting that the Springfield Hearings Official reverse seven (&) condition 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. The appellant submitted an application requesting approval to partition property that is outside the city limits, but inside the Urban Growth Boundary. The property is located at the northern terminus of20!h'Street, which is improved with paving, curb, and gutter immediately south of the applicant's property. However, the 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 improvements for 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 of a public easemerit to accommodate an existing 36- inch storm sewer line running through the p' up" ~i, and provision for legal access to the undeveloped remainder of the applicant's property located to the north outside the UGB, Oatr:l neceived:~hfo! Planner: AL The meeting location i.s wheelchair.;.accessible. For the hearing-impaired, an interpreter can be provided with 48 hours notice prior to the meeting. For meetings in the Council Meeting Room, a '~Personal PA Receiver"for the hearing-impaired is available, To arrange for these services, phone 726-2700, PC Agenda - Brenda Jones Page 1 11/24/2008 r CITY OF SPRINGFIELD DATE: November 24, 2008 TO: Gary Damielle, Springfield Hearings Official FROM: Andy Limbird, DSD Planner II HEARINGS OFFFICIAL TRANSMITTAL MEMORANDUM 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, the 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 improvements for 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 of a 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. ,. At r+ '6,v - &tI( f~V'(9in> 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 , uate Received. NP~iJ!' Planner: AL . . . fP 8P? Z,.]:>CVISiOtV - Itkf.tt. . )\\el.k.~-Rtt2/ :J. f!ttcti I:::Y:~~,J? 4. t.\<M.Jd. hwl {fSv ~~tH--' ~ Staff Report and Findings - Appeal of Director's Decision Case Number Date: ZON2008-00038 November 17, 2008 Aooellant: pecision Under Appeal: 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 Reauested: 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:~/2 f/;;oot Planner: AL 1 ATTACHMENT 1 - 1 I. Appellant's Assignment of Errors Law Office of Bill Kloos, PC Appeal Letter (October 22, 2008, Attached) Assianment 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 t~e 20th Street cul- de-sac,fijhe conditions are not related to any standards for approval, and they are not necessary to demonstrate compliancewiththe standards of approval] Ifthere 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 prop~. I to divide property, not to develop a use that will impact capacity of the improvements. he code standard at SDC 5.12-125.C says that 'the Public Works Director or utility provider shall etermine 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 0 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 Director's 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~:iacilitate':'- --futiJre-urban-transitibn, Section 4.2~105.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) w~ 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 i poor condition. ' Section 4.2-1 05.A.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 yea~s, 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. Date Received: IItV/.;OOJ' I 2 Planner: AL ATTACHMENT 1 - 2 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) (hood'I3M,! jpuii', e. lJD!'--'- ~l<"f re ; mc.twr'0 Assianment of Error #2: "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 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 fin0 platting, unrelated to whether and when residential construction is approvecQTo 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 regulation.~ 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 do.es not comply with that standard. The requirement to install private storm water facilities on site i;?nO 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," \)h V Staff Response: SDC Section 4,3-11 O,B states: "The Approval Authority shall grant develepment ~~ ~. approval only where adequate public and/or private stormwater management systems provisions \,\j~ ~\.Il have been made as determined by the Public Works Director, consistent with the EDSPM. ..:Surface \\J\ water drainage pattems shall be addressed on every Preliminary Site Plan, or Tentative Partition or \)J Subdivision Plan." f[o.vision of adeauate stormwater facilitiE'i:; i~ ~ ~f'!y urban-5.er:vice.as.describedj.n Chapter G of the adopted Metro P~an. / () " 7 /' () r 1 vY. ,r The applicant's tentative partition plan proposes a 10-foot public drainage easeme~o accommodate (, . Jv,; the existing 36-inch stormwater pipe along the west property boundary. The Pub'c Works ~- d Department considered the large size of the pipe, the depth of burial, and the p ssible zone of impact inside the applicant's property should repair or replacement of the pipe be req Ired in the future. In accordance with provisions of SDC 4.3-140,A, the City Engineer determined t at a slightly larger public easement was necessary to ensure the integrity of the existing stormw ter system was not compromised, and to ensure that future maintenance or repair on the system could be conducted within the easement area. pvA,,&f,r~/ 7c<ldr l' {l'i?~ 71'!; /PJ . 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 10-foot public drainage easement. For various reasons, including but not limited to maintenance liability and differing construction siandards 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. /Jo pr I VIl, fe' Ifl fwf> ri'c. ~ ()JS{ ~ .. ,/ , ~') Staff observe that the proposed drain pipe serving Parcel 1 and crossing Parcel 2 runs beneath the tYI '1;'~(} driveway serving Parcel 2, The Parcel 2 driveway is required to be paved in accordance with SDC w 1t-'1'ft, 3.2-220.A.5, .prior to platting of the partitionand prior to issuance of occupancy for the house onJ& ,r Parcel 2, which IS currently under construction. The requirement for paving of the dnveway has not n U been challenged by the appellant in their assignments of error. Staff contend that it is the applicant's xMI ? responsibility (and good construction practice) to pre-install the drain pipes, as depicted on the Date Recelved:-4A1..1a?1' Planner: AL . 3 ATTACHMENT 1 - 3 tentative plan, prior to platting the partition or paving the driveway, Upon driveway paving and platting of the partition, it becomes significantly more difficult a~ costly for a third party to install necessary drain pipes across Parcel 2 for the benefit of Parcel 1, )IIoreover, by not pre-installing the drain pipes at the time of land partition, the developer has failed t satisfactorily demonstrate that a key urban service (stormwater,drainage) has been provided to parcel3]~eJafx,l'a~ ()..c; i- , Conclusion: Staff contend that the challenged conditions related 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 , conditio~s and circumstances, and to avoid future complications wh,en a, nd ifthe pro?ertrs cha~~e -' J1 ownership, ' 0 o~'A. _{r ~i~fut.- ~~() Assianment of Error #3: "The applicant ObjeJs(~ fondition 12, which requires installation of a fire 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,B 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 "crow'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 a'pplicarit'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. Conclusion: 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. Assianment 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 , , Date Received' 1/2.'Ij;?tJO} 4 , Planner: AL ATTACHMENT 1 - 4 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. The 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 reference. 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, Date t1eceived: Planner: AL II/;r/JotJr! , I 5 ATTACHMENT 1 - 5 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 Appea]ed 'Sv\ l:1 Ui01 ~rw.11 I Date of Filing the Appeal I {) - ~l. -'D<;? (This date must be within 15 calendar days of the date urthe decision.) Please list below, in summary form, the specific issues being raised in the appeal These should be the specific points where you fuel the Approval Authority erred in making the decision, ie., what approval criterion or criteria you anege to have been inappropriately applied. Issue #] '0 0 ) uvVI-Ll. ute/.. ~ ~ o .' ad: Issue #3 Issue #2 , \~' ...........;*"'\ /It- unglll" vu",", \ Issue #4 (List any additional issues being appealed on an attached sheet) The undersigned acknowledges the above appeal form and iD attachments have been read, the requirements for filing an appeal of a land use decision is understood ~d states the information supplied is correct and accurate. Appellant'~ Name ~~~, ~ I rvw\- Phone '~(=t - ~l{ 0) Address 05'f, '"t- N. \C,\ \1-\ S"I Sf AJ O~ q -=I-\-i11--- Statement of Interest ~ ~ V\\.C!.CJ-.....C Signature ~IIIA_l0< t<li7<"'} ~~ ~ Afflr\ UW '\ For Office Use Only: JoumalNo. ZoN6l.00g-QQ03& Received By ~hlJA\ Assessor's Map No. I7~03-2.Lf-{X') Tax Lot No. 600 Date Accepted as Complete ATTACHMENT 2 - 1 lO-22-08PO?:11 ~r\ln , PR:J'ZL:x:J7-()OO# Date Received: 1112 '1.)c(J! 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 Deve]opment Services 225 Fifth Street , Springfield, OR 97477 Re: Appeal of Partition Approval Conditions File: SUB2008-00039; 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 onbeha]f of the owner and applicant. My client agrees that the partition should be approved, but objects to some of the 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 conditions relate to: (1) an Improvement Agreement for sidewalk, sanitary se~er, 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. Ifthere is a basis in the code for requiring an Improvernent 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 frorn the code, SDC 5,p-125.C, focuses on "capacity requirements of public improvements," This is a proposal to divide property, not to develop a use that will impact 10-22-0 8P,02: 11 RCVOATTACHMENT 2 - 2 Dat~) ~eceiveg: /1 01/,//,JotJr! Planner: AL .! . Springfield Development Services October 22, 2008 Page 2 of3 ~, . Date Received: OC02008 '~~i:;\ at Original Submittal capacity of the iIIlprovements. \ 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 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. 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 21 st 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. Datf:: ~ecr;jv~d;,.Lt h1,}ootf Planner: AL 7 ATTACHMENT 2 - 3 Springfield Development Services October 22, 2008 Page 3 00 My client looks forward to working with staffto 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 Original Submittal \ Date Received' l:hpoOrfY Planner: AL ATTACHMENT 2 - 4 , I I I (~=I I ar-arll-. I . --'1'" ;-'71= ' ':':,,,cCi.;,,, 17 f ~ '~,' n ....::... '~.:,,~, / ,I RF,VOo.,Ant.f:rJ\lNflll1I1ST I ~ (......... 1......-' T'\\~~~."~-':;~~-l~,' l~ " I,f ,....,.-.-- ... i 'I .....;-.-, __------ ,.. - .'.', ,'_D z ....-.. ,11'/ ..,'-'ll....m;'N,l..._, I -- I. .1 = ' AlSl'J'."" i....... 1".I8>J1TDON"'.' PIn1If1)l<WMl'A!Il;MEMT~ r ' I r"" u....:.: 1.0 ."_. ~'!'" US"""'~"'H"-11 ....r..X.tV,,~,.-c ux::uJltlN'7S.ttnI I "I I ~ -'.1:: "'~;"~~'Ir. I T"~:{~~"'''' "EHRICH F.~~Ul'( roaVACA'l!l> ' I : / I .. I 1Ul!\1 Ill1a.l, RE"OI'Mll,EU'lf\1GT'R\.!~ I::! I ' " I:: .1Wrt>'lt.r>...nn.L' I TA.XWr 1':.01-14-011 .r 1~"t'l~,I'rv I tiI ....AI-~..~ Tl,.XlCIT$dl txmlIIOlWUtA!DmI'T II/;1U5'. I.... ~ ~POSED11ll'ES ,'" ...1____ I :'iAt 1OOO'l11l.'AO~U' -........ I \ I I I l( . -,---- I TOM:VACATID :~~ ,-_~f ~ . 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"......,...~~....J CCOJlOl'Y nl'1:II.lIl.011"A.l"K ,/' I U..~,::'.~l"'" I ,/ T-.o:l~r..:Jr-llj~f..llll .-' I ru'~1 .~1^C " ,lOll' ,../..- I 1 1/ .--,/. .....'II1II1.......'''..... ~ I l I I I 1..--- I. 'v#~ I Ii.. .! [ ! r , ~~ 'r !, !! Ii I! III ,I ill '<I iI. III ~!1 LEGEND C~ ~-..-.. J"\....nn;1.OCAlIClIf .- ~ ~l """- - VICINITY MAP .N:T:9.-- -_ '~-.. '--., WI,T ~OCK r".RLJENS TM(~!.\PII..(lJ.~4.1J11 T,~:'IlOr~Ul ~.1 i\l.. -.. HELFRICH FAMILY REVOCABLE LIVING TRUST LAND DIVISION TENTATIVE PLAN Date Rece~~ AUG 212008 Origirt~ittal r2 ):i 7 I' I , MAPI1-O)-24-00TL'OO SPRINGFIELD, OREGON AUOU3T 20m / M,crn..v:~,I.:, J.\'''11"I. T_\.'O'HPI1.(T.\.1.1./Jfl Ti\XtQT,,"I '1.~^C (I,UKl 1 ---rJ --a;-..-.f3. '-, I i , ~ i I! , i' l I __..~ I ...-......--.'----1'. I;j / " _,/1 I. / I i ~"" I I ~ % ......-r ~ .-L ...L // 1 .",;:, m __,_ _"'-__-, ~ I "-.:' , " ~ -,_/" ,-' j, t ----.~--L_ ...._ _ _. __ _ __ .~.. L -= il'., ~ _ ___".l.""m~___._ . ... tIllBAN GIWWIH BOUNDAIlY LOn.... IIIXlB OF aRAvm. ''''"''' I!DOB OF PA VBMENT 1IXD'IINO:nonr DRAIN I'II'B !lXlntNOWATEIlt.mtml 1!XI511N051'OItMDRAJNCATCnBASIN """""''''''''''''''' IOO"9llNOAn.OI'OS!!D UNDI!lUDtOUND ro....""" IllmlACIt UN!!! PER :me P1tOPOS!lDlfltmUl'YEASBMBNT """""'''''''''''''''',.,. .". -(.-, . ./...., / , \ \ \ '1SEILLRf!nE~r ItULY ,AXMArp..(J.l-1-l-OO Ti\XI,(ITIlIJ HAC {WK. "0 ' Ql I >...J .- <( I 25 1 Q) i...: ' a:: III I QlC ....C lll..!!l Cla.. SITE INFORMATION ZONING.t 1'\-\N,nP-~lit'I~TllJN: PRESENT; wwlJEN5lTY ItESIDENTIAL(lDR) URBA.N1ZIIDFRINGI't(UF.10) ~ROSSACIl.ES ~(lfllF('lIl"'^'tJQN: BH:-411'.liIV.JUUJn..>NB:A.B fD.MMAP'41039Clln, WATF.Il: "''''OOW ~ QU,", ~ COMCAST -:'1 ~ ONSITESEP11C ELECllUC: ,ua <0' ~. <0' , ,~ -,j :t 1- 'I I 5 5 ~mii E-.. ,,~~~~ ...., i~~~~ ~ ~ L., ~ g.' , f~ ! ~ IJ- ,t ij -a ;"., : ~! \_./ ~ . J i C') z ~ I I- :z c w j :;: :I: U < . I- 0 I- 1 < c ~ z ~l i 0 , ~ " 3 w \2 ~ ~ ~ ~ .. >oJ '" 'lJ 11 11 S 11 I ~ z i ~ ~ C C (j SIweI.NlnIblIr' , 1___ , 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 ]7-03-24, 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-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. The subject property is currently serviced by the following utilities: Electric: Springfield Utility Board (SUB) Water: Rainbow Water District Gas: NW Natura] Telephone: QWest Cable Television: Comcast Original Submittal ~ . ~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-]05 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. , / J / Date Received:~/2-~ }oo! Planner: AL / Helfrich Application Narrative Page 1 of 11 ATTACHMENT 3 - 2 Land Divisions 5.12-105 0.1 - Applicability.' The Partition process applies within the city limits and the City's urbanizable area. Generally, no more than 3 Parcels may be created from one tract of land in the City's urbanizable area until annexation, as specified in Section 5,12-12512.b.iiiJ02.) The property is located outside the Springfield City Limits but within the Urban Growth Boundary. The proposed division is to result in Two(2) parcels. ' , 5.12-fI0 Tentative Plan R,eview. Tentative Plans are reviewed under Type 11 procedure. 5.12-115 Tentative Plan - General. Any residential land division shall conform to the follawing standards:" . ' , A. The lot/parcel dimensions shall coriform to the minimum standaras of this Code, When lots/parcels are more than double the minimum area permitted by the zoning district, the Director shall require that these lotslparcels be arranged: 1. To allow redivision; and 2. To allow for the extension of streets to serve future lotS/parcels. 3. Placement of structures on the larger lots/parcels shall be subject to, approval by the Director upon a determination that the potential maximum density of the 'larger ",ot/parcel is not impaired In order to make this determination, the Director may require aFuture Development Plan as. specified in Section 5.i2-120E. , , ,", ." ," , " B. Double frontage lots/parcels'shall be avoided, linless necessary to prevent access to residennal , developmimt from collector and arterial streets or to overcome specific topographic situations, C Panhandle lots/parcels shall comply, with the standards specified inSectiorls 3.2-215 and 4,2-120A. In the' case of multiple panhandles in Subdivisions, construction of necessary utilities to serve all approveiip~dle iots/Parcelsshall occur prior to recording the Plat. ' , ' , '. " D. Block lengthfor 10i:aCstreetsi.S'as specified in Section 4.2-115. -, '; -, Springfield Development Code Section 3.2-215 lists the Parcels sizes for Urbanizable Fringe areas as: I '.:... eithe,~J oacr'e~,{~cr~spr:,}fif,~l "!eet the area;~t~, ds, ~j}h, is r~.~o.~Y,.~,~.n,.~,~, >prov~d,. th.r.ough I the Pdrtltionprocess specifiedm Section 5.12"100.., ". ':. ..,"".,. "".':,;C;;C:"",', ",., '", . This application is being applied for approval through the Partition process. The Code lists the LDR 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 stem, Helfrich Application Narrative' Original Submittal Date Received: /p0(JO! Planner: AL Page 2 of 11 ATTACHMENT 3 - 3 5.12-120 Tentative Plan Submittal Requirements. A Tentative Plan application shall contain the elements necessary to demonstrate that the provisions of this Code are beingfulfilled 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 reg;stered 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 1" '" 50',1" = 100', or 1" =200', 3. A north arrow and the date the Tentative Pldn was prepared . The tentative Plan has been prepared by an Oregon Licensed Land Surveyor, and the stormwater 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 ]" = 40' both maps are on l8"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 di.fferent, and the Land Surveyor and/or I 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 Form. I 5. A drawing of the boundaries of the entire area owned by the partitioner or subdivider of I 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 district I 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 shbwn on the attached Tentative Plan Map. I 7. Applicable zoning districts and the Metro Plan designation of the proposed land 'division I and of properties within 100 feet of the boundary of the subject property. ' , The property and adjacent properties are zoned Low Densisty Residential (LDR) with an Urbanizable Fringe Overlay (UF-IO). Properties and their Zoning District and Metro Plan designations are shown on the Tentative Plan Map. 8. The dimensions (in feet) and size (either in square feet or acres) of each lot/parcel 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. Date Received:-*~/)a7! ,Planner: AL Helfrich Application Narrative Original submitta ATTACHMENT 3 - 4 Page] of 11 I 9. The location, outline to scale and present use of all existing structure,s to remain on the I 'property after platting and their required setbacks from the proposed new property lines, 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. ' 10. The location and size of existing and proposed utilities and necessary easements and dedications on and acfjacent to the site, including but not limited to sanitary sewer mains, storTnWater 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 #80307 I 5 and city as-built mapping. Utilities necessary to service proposed Parcel 2 will be located within the] 0' 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 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]O' 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, I 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 an Oregon Licensed Landscape Architect or Engineer and drawn to scale with existing contours at one- ' foot intervds 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 waive 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 acfjacent to the' site. Information required for acfjacent properties may be generalized to show the connections to 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 Received:~/)al( Planner: AL ~ . d' Date eceIVe. 2008 tJ ;;to; Original submittal '. ~'f ATTACHMENT 3 - 5 Page 4 0111 Helfrich Application Narrative 1.' The name, location, dimensions, direction of flow and top of bank of all watercourses that are shown on the Water Quality Limited Watercourses (WLQW) Map onfile in the Development Services Departtilent; 2. The 1 DO-year floodplain and floodway 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 41039C] ]53 F, effective Date June 2, ]999, 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 Protectidn Areas Map on file 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 outcrop pings; 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. I 5. Soil types and water table iriformation 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:_l.ff;.oo.r Planner: AL Helfrich Application Narrative Page5 of 11 ATTACHMENT 3 - 6 , C A Stormwater Management Plan drawn to scale with existing contours at onejoot intervals and percent of slope that precisely maps and addresses the iriformation described below, In areas where the percent of sliJpe is 10 percent or more, contours may be shown at fivejoot 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: 1. 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 measures; and natural drainageways to be retained; 4. Existing and proposed site elevations, grades and contours; and 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 shall 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 stormwater management plan is attached. One foot contours are shown and no additional grading is proposed. Currently the end o(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 stormwater pipe and drainage ditch. The new homes will 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-]] 0 is shown on the attached ] 8x24 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-way within or adjacent to the proposed land division; The location and type o(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 and other rights-of-way to include the approximate radius of curves and grades. The relationship of all proposed streets to any projected streets as shawn 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 Assessmen~d Tentative Plan Maps. There are no proposed streets shown for this area in the Metro Plan. '" DateReceived:_0~hood' Date ~eived: Planner: AL AUG 2 7 '2~8 Helfrich Application Narrative Original SUbmittal~ Qage 6 of 11 ATTACHMENT 3 - 7 3. The locations and widths of all existing and proposed sidewalks, pedestrian trails and . accessways, including the location, size and type of plantings and street trees in any required planter strip; There are no proposed sidewalks, trails, or accessways.' 4. The location of existing and proposed trqffic 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 ftre hydrant at the southeast corner of Hayden Bridge and 21 st 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 ] 0' wide gravel drive servicing the existing dwelling, The proposed driveway to Parcell is shown on the Tentative Plari Map. I 6. The location of existing and proposed street lighting: including the type, height and area if I illumination; 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. I 8. A copy of a Right-of-Way Approach Permit application where the property hasfrontage on I an Oregon Department of Transportation (ODOT) facility; and ' Not applicable to this site. I 9. A Trqffic Impact study prepared by a Trqffic Engineer, where necessary, as specified in I Section 4,2-l05AA. ' 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 SOO 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.S7. Original Submitta' Date Received' ////:14 /Jooo Planner: AL '/ 0 Helfrich Application Narrative , Page 7 of 11 ATTACHMENT 3 - 8 E. A Future Development Plan. Where phasing or large lots/parcels are proposed, the Tentative Plan shall include a Future 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 densm~ . 2. Addresses street connectivity between the various phases of the proposed development based upon compliance with TransPlan, the Regional Transportation Plan (RTF), 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 historic features; 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 thefollowing 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-10). 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 . 2. If the applicant is not the property owner, written permission from the property owner'is I reqUIred' , The owner has signed the Land Division Tentative Plan Application Form. 3. ' A Vicinity Map drawn to scale showing bus stops, streets, driveways" pedestrian connections, fire hydrants and other transportation/fire access issues within 200 feet of the proposed land division and all existing Partitions or Subdivisions immediately adjacent to the proposed, land 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" , The Urbanizable Fringe District criteria are discussed der Tentative Plan - General Item "D". Date Received: Planner: AL /;/).'//,loOI' I I Dst@ AUG2 7 008 Page 8 of 11 Helfrich Application Narrative . Original Submittal ATTACHMENT 3 - 9 5. How the Tentative Plan addresses Discretionary Use criteria, where applicable. 6.'A Tree Felling Permit as specified in Section 5.19-100. No disc~etionarY 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 ] 5 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 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 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 appliedfor 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 installation, and methad 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. ~3. Proposed deed restrictions and a draft of a Homeowner's Association Agreement, where I approprzate, ' , , '. " No deed restrictions are proposed. U. If the land division is to be phased, a Future Development Plan for the remainder of the property shall be provided, including timing and financial provisions. This development will not be phased. Date Received:-Llh.1dotlP' Planner: AL 7 Dat$ AUG 1 2008 , Original SubmIttal a): Helfrich Application Narrative ATTACHMENT 3 -10 G. The locations and widths of all existing and proposed sidewalks, pedestrian trails and accessways, including the location, size and type of plantings and street trees in any required planter strip. There are no proposed sidewalks, trails, or,accessways.H. The approximate lot/parcel layout and the Ul'J" ~imate 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 panhandles, 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 #80307]5 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 pwpose of all existing or proposed easements on and abutting the 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 If. The locations of all areas to be dedicated or reservedfor 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 lotslparcels to include square footage 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. M. The location and outline to scale of all existing structures to remain on the property and their required setbacksfrom the proposed new property lines, 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 Plari Map. I N. Cluster Subdivisions shall also address the design standards specified in Section 3.2-230, Not applicable to this site. . D8tt:l R ~(jlved: Date Received: II h~Of ' Planner: AL -; , AUG 2 7 008 Helfrich Application Narrative ATTACHMENT 3 Original Submitta - 11 PagelO of 1l 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 Plim shall address the applicable standards listed under the park Subdivision approval criteria specified in Section 5.12-125. Not applicable to this site, ill ATTACHMENTS I. Type II Land Division Tentative App]ication 2. Narrative 3, Copy of Deed 4. Copy of Preliminary Title Report 5. Land Division Tentative Plan (8Y,"x] I") 6. Three (3) copies of Stormwater Scoping Sheet 7. Seven (:n~'f;pies of Site Assessment Map 8, Seven (7:) ~~pies of Land Division Tentative Plan Map, 9. Seven '1) 'topies of Stormwater Management System Study &Stormwater Management Plan (all on one sheet) r" AllG 2 ~ Date Received: / /0./j)<JoJ' Planner: Al -74 Helfrich Application Narrative Page II of II ATTACHMENT 3 - 12 Form No, 1402,06 AL TA Owner's Policy (6-17-06) 1100302POS0600 OWNER'S POLICY OF TITLE INSURANCE Policy No,; 7191-1094379 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 a~dress shown in Section 18 at the Conditions. COVERED RISKS SUBJECT 10 niE EXCLUSIONS FROM COVERAGE, niE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND lHE CONDmONS, FlRS( AMERICAN TIn..E' INSURANCE COMPANY, a Callfomia corporation (the "Company") Insures, as of Date of Policy and, to the extent stated In Covered RIsks 9 and 10, after Date of PoIlCf, against loss or damage, not exceeding the Amount of Insurance, sustained or Incurred by the Insured by reason of: 1. Title being vested other than as stated In Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Rlsk includes but Is not limited to insurance against loss from (aJ A defect In the TItle caused by (I) forgery, fraud, undue influence, duress, incompetency, Incapacity, or impersonation; (H) failure of any person or Entity to have authorized a transfer or conveyance; (Iii) a document affecting Title not property created, executed, wiblessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise Invalid power of attorney; (vi) a document not property filed, recorded, or Indexed In the Public Records Indudfng failure to perfonn those acts by electronic means authorized by law; or (viI) a defective judl9al or administrative proceeding. (b) The lien of real estate taxes or assessments Imposed on the litle "by a governmental authority due or payable, but unpaid. (c) Any encroachment, enaJmbrance, violation, variation, or adverse drcumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" Indudes encroachments of existing Improven)ents located on the L?nd onto adjoining rand, and encroachments onto the Land of existing Improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, 'or governmental regulation (Indudlng those relating to building and zoning) restricting, regulating, pronibitlng, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any Improvement , erected on the Land; (c) the subdivision of land; or (d) 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 an the exercise of a governmental police power nat covered by Covered Risk 5 jf 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, desoiblng 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. Titfe being vested ather than as stated in Schedule A or being defective (a) as a result of the avoidance In whole or in part, or tram a court order providing an alternative remedy, of a transfer of all or any part of the title to or any Interest in the Land acaJrTing prior to the transaction vesting TItle as shown In Schedule A because that prior transfer constituted a fraudulent or preferentfal transfer under federal bankruptcy, , state Insolvency, or sfmllar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown In Schedule A constitutes a preferential 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 tlmely, or ' (II) to Impart notfce of Its existence to a purchaser tor value or to a judgment or lien creditor. 10. Any defect In or lien or encumbrance on the Trt:le or ather matter Induded In Covered Risks 1 through 9 that has been created or attached or has been filed or recorded In the Publ1c 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 litle 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. . Title Insurance Company of Oregon dba FIRST AMERICAN TITlE INSURANCE COMPANY OF OREGON ~...:~';;.';;'; , ..... , . ! '. .' '" "",,,,,,~ By: Attest: Date Received: / /21 Jt/or! Planner: AL President Secreta!)' ; ~ Received: t AU6~ ~f1If1i!' submittal" L ATTACHMENT 3 - 13 Form No. t402.06 ALTA Owne~s Policy (6,17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly exduded from the coverage of this poncy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (1ndudlng lt10se relating to building and. zoning) restricting, regulating, prohibiting, or relating to . (I) the occupancy, use, or enjoyment of the l.i1nd; (ii) the character, dimensions, or location of any improvement erected on the Land; (m) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exdusion lea) does not modify or I1mit the covernge provided under Covered Risk 5. (b) My 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 Oaimant; (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 Oaimant 'prior to the date the Insured Oaimant 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 modilY 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 dalm, 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. S. 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. CONcmONS 1. DEFlNmON OF TERMS The following tenns 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 B(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Polley": The date designated as "Date of Polley" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured~: The Insured named in Schedule A. (I) The term ~Insured~ also Indudes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, indudlng heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dlssolutlon, merger, mnsolldation, distribution, or reorganization; (q successors to an Insured by Its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration mnveying 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 or 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 btJstee 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: t094379 (ii) With regard to (A), (B), (q, and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) ~Insured Oaimant": An Insured claiming loss or damage. (f) ~Know!edgen or nKnownn; Actllal knowledge, not ccnstructive knowledge or notice that may be imputed to an Insured by reason of the P\lblic Records or any other records that impart constructive notice of matters affecting the Titie. (g) ~Land~; The land described In Schedule A, and affixed Improvements that by law constitute real property. The term -Land" does not indude any property beyond the lines of the area described In Schedule A, nor any right, title, interest, estate, or easeme'nt In abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modilY 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. (1) ~Public Recoros-: Records established under state stabJtes 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 Sed), ~Publlc Remrds- shall also Indude environmental protection liens filed in the records of the derk 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"; Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Titie or lender on the litle to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable titie. 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 litle. 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 (i1) 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 tI1ese Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any daim of title or interest that Is adverse to tI1e Title, as Insured, and that might cause loss or damage for which the Company may be 'liable by virtue of this polley, or (Iii) if the llt1e, 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 detennine l:t1e amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant fumish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this po.ncy that constlbJtes the basis of loss or damage and shall state, to l:t1e 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 fer the defense of an Insured !n litigation In which any third party asserts a dalm covered by this poney adverse to l:t1e Insured. This obllgation is limited to only those stated causes of action alleging matters insured against by this poney. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object fer 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 munse!. 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 polity. (b) The Company shall have the right, In addition to the options contained in Dlii~ee@iV~d: AUG 2~D08 Original Submittal ~ ):::.. \ Date Received: j / hij/,)ot>r Planner: AL / / - A~~~;~N'f'~ce ~'4y 01 Oregon fQnn No. t402,06 ALTA Owner's Policy (6-tH6) Section 7 of l:t1ese Conditions, at its own cost, to Institute and prosearte any action or t'" ~........~:,.iI or to do any other act that in its opinion may be necessary or desirable to estabUsh the Title, as Insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriateactlon under the terms of this polky, 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 pollCf. If the Company exercises its rights under this subsection, It must do so diligently. (e) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue ltIe 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 aU cases where this. policy permits or requires the Company to proseOJte or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so proseOJte or provide defense in the action or proceeding, induding the right to use, at i15 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 wib1esses, proseaJting 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 litle 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 poky shall terminate, "9. including any !lability or obfigation 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 Oaimant to submit to examination under oath.by any authorized representative of the Company and to produce for examination, inspection, and CDpying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, Induding books, ledgers, chedcs, 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. Ful'1:her, If requested by any authorized representative of the Company, the" Insured Oalmant 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 tI1is 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 seOJre reasonably necessary Information f'rom third parties as required in" this subsection, unless prohibited by law or govemmental regulation, shalt terminate any liability of the Company under this policy as to that daim. . '7. OmONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF UABIlITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attomeys' fees, and expenses incurred by the Insured Oalmant 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 Oabillty and obligations or the Company to the Insured under this policy, other than to make the payment required' In this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any ntigation. (b) To Pay or OtherwiSe Settle With Parties Other Than the Insured or With the Insured Oaimant (i) To pay or otherwise settle with other parties for or In the name of an Insured Calmant any daim insured against under this policy. In addition, the Company will pay any costs, attorneys' rees, and expenses incurred by the Insured Oalmant 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 Oalmant the loss or damage provided for under tI1is polky, tDgether with any costs, Policy Pilge 3 Policy Number: t094379 attorneys' rees, 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. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (i1), the Company's obligations to the Insured under this policy for the daimed loss or damage, other than the payments required to be made, shall terminate, Induding any liability or obligation to defend, prosecute, or continue any ntigation. S. DETERMINATION AND EXTENT OF UABIUTY This poficy is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Insured Oaimant who has suffered loss or damage by reason of matters insured against by this polity. (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 (Ii) the difference between the vaiue of the TItle as insured and the value of the li~e 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 Oalmant 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. UMITATlON OF UABIUTY (a) If the Company establishes the litle, or removes the alleged defect, lien, or enOJmbrance, or cures the lack. of a right of access to or from the land, or cures the daim of Unmarketable litle, all as insured, in a reasonably dmgent manner by any method, indudlng 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, Indudlng litigation by the Company or with the Company's consent, the Company shall have no IlabJlity 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 litle, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any daim or suit without the prior written consent or the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF UABIlITY All payments under this policy, except payments made for costs, attomeys' fees, and .........<;.."'.."', shall reduce the Amount of Insurance by the amount or the payment . 11.' LlABIUTY NONCUMULATIVE The Amount of Insurance shall be reduced bY any amount the Company pays under any polley Insuring a Mortgage to which exception is taken In Schedule B or tD whld1 the Insured has agreed, assumed, or ti!ken subject. or which Is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to !tie 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 ~e made within 30 days. 13. RlGKTS OF RECOVERY UPON PAYMENT OR SETTlEMENT (a) Whenever the Company shall have settled and paid a dalm under this pollcy, it shall be subrogated and entitled tD the rights of the Insured Oaimant in the TItle and all other rights and remedies In respect to the claim that the Insured Oalmant 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 Oalmant shall execute dOOJments to evidence the transfer to the Company of these rights and remedies. The Insured Cl.aimant shall permit the Company tD sue, compromise, or settle In the name of the Insured Claimant and to use the name of the Insured O?imant In any transaction or litigation invoMng these rights and remedies. If a payment on account or a daim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until afler lI1e Insured Dalmant shall h5~ve~ec~\Ved: A~ 1608 , ' "~ OriginaISUbml~! - Date Received' / /H /)iJ,4' Planner: AL " A"fi"A'Em1 ~f"~ce .9>,pgny of Oregon Form No. 1402.06 AlTA Owne~s Policy (6-17-lJ6) (b) The Company's right of subrogation Indudes the rights of the Insured to Indemnities, guaranties, other polides of Insurance, or bonds, notwithstanding any tenns or conditions contained In those insbtlments that address subrogation rights. 14. ARBITRAllON Either the Company or t:he Insured may demand that the daim or controversy shall be submitted to arbitration pursuant to t:he Title Insurance Arbitration Rules of the American land Title Assodation rRutesj. Except as provided in the Rules, there shall be no joinder or consolidation with dairns or controversies of other per.;ons. Arbitrable matters may indude, 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 connect:iCli with its issuance or !:he 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 arbit:rated 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. UABILITY UMITED TO THIS POUCYi. POUCY ENTIRE CONTRACT (a) This poliCy together with all endorsements, if any, attached to It by the Company Is the entire poncy 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 daim of loss or damage that arises out of the status of the TItle or by any action asserting such daim shall be restricted to this policy. (e) 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, Policy Page 4 Policy Number: 109437'3 (d) Each endorsement to l:tlis 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 tenns and provisions of the policy, (ii) modify any prior endorsement, (iil) extend the Date of Policy, or (Iv) increase the' Amount of Insurance. 16. SEVERABILITY [n 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 Indude that provision or such part held to be Invalid, but an other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) O1olce of Law: The Insured acknowledges the Company has undernritten 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 polices 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 de~rmlne the validity of dairns 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 ;;!lrbitr'ator apply Its conflicts of law prindples to determine the applicable taw. (b) QlOice 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 daim 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 Alla, CA 92707, Attn: Claims Department POLICY OF TITLE INSURANCE '" M E II I 1::,,/ 1- ~ . Date Received:, AU~ 2008 X Original Submittal Date Received:-.!J/4/JptJl' Planner: AL . fim.Am!:f\CjlJ1.1ll!.e, Insu1j.nce ComPJ!ny or Oregon A I I Al,;HMt:NT j - 16 Form No. 1,w2.06 AlTA Owners Policy (6-tHl6) Policy Page 5 Policy Number: 1094379 SCHEOULE A First American Title Insurance Company of Oregon Name and Address of l1t1e Insurance Company: First American l1t1e Insurance Company of Oregon , 600 country Club Road Eugene, OR 9740 1 File No.: 7191-1094379 Address Reference: 2833 20th Street, Springfield, OR 97477 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. l1tle 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: . See Exhibit n A n attached hereto and made a part hereof Date Received:..i~,h~/dtJtl8" Planner: AL ' Original Submittal Arst American Tltle Insurance Com~ny of Oregon ATTACHMENT 3 - 17 , ,8. Form No. 1402.06 ALTA Owne~s Policy (6-17-C6) . 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 reasdn 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 prop~rty or by the public records; proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether o~ not shown by the records of such agency or by the public records. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof, 2, 3. Easements, or claims or easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims 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), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed 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) 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 5tate 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, ,I ,,! , Date Received: Ij 2'1 ;)cwO' ""- Planner: AL Date'Received: AUG iMooa _\/J y " ,', Rrst Amer1can JJtle Insurance Com~ny of Oregon ATTACHMENT 3 - 18 Fonn No, t402,06 ALTA Owner's Policy (6-1H6) Polley Page 7 Policy Number: 1094379 11. Easement, induding terms and provisions contained therein: Recording Information: September 01, 1933 in Book 17B, 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 Une Agreement, induding the terms and provisions thereof, executed by Signe F. . Andersen, and Baxter Fisher and Ann Fisher, recorded July 27, 19S6, Reception No. 90919, Deed Records of Lane County, Oregon. (East Une) 13. Easement, inciuding 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, induding terms and provisions contained therein: Recording Information: June 11, 1975, Reception No. 75-22936, Offidal Records of Lane County, Oregon In Favor of: City of Eugene, for the ~se and benefit of the Eugene W;lter & Electric Board For: right of way 15. Deed of Trust and the terms and conditions thereof, Loan No.: Grantor/Trustor: . undisciosed Dean Helfrich and Gayle D, Helfrich, Co-Trustees of the Helfrich Family Revocable Uving Trust Janet L. Michlanski ' First American Title $450,000.00 September 04, 2007 september 06, 2007 2007-062566 Grantee/Beneficiary: Trustee: Amount: Dated: Recorded : Recording Information: Date Received: Planner: AL It/l'l/~oj , I ltyAem;~,...~ce .:;~ny of Oregon Rlnn No. 1402,06 ALTA Owner's Policy (6-17-ll6) Policy Page 8 Policy Number: 1094379 EXHIBIT "An Rle 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 PROJECTION OF THE WEST UNE OF THIRD ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 52, PAGE 26, LANE COUN1Y, 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 ADDmON TO EL 80NITA GARDENS AND THE WEST UNE OF SECOND ADDmON TO EL BONITA GARDENS, AS PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUN1Y OREGON PLAT RECORDS, 335.00 FEET TO THE INITIAL POINT OF FIRST ADDmON TO PHYLUS PARK, AS PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE NORTH 80UNDARY OF THE SAID FIRST ADDmON 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 ADDmON 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 COUNTY, OREGON, SAVE AND EXCEPT THEREFROM THE FOllOWING DESCRIBED TRACT OF LAND: i A PARCEL OF LAND IN SECTION 24, TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN IN LANE COUNTY, OREGON, BEGINNING AT A 5/8 INCH IRON ROD MARKING THi: NORTHWEST CORNER OF LOT 2 OF BLOCK 4 OF THE SECOND ADDmON OF PHYWS PARK, AS PLATTED AND RECORDED IN BOOK 61, PAGE 18, LANE COUNTY, 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 COUN1Y, 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 COUNTY, OREGON. ~ Date eceived: Date ReCejVed:~/dot?t Planner: AL lM~HMT~N"r~ce ~y of Oregon Fonn No. 1402.06 ALTA Owner's Polity (6-17-06) Polity Page 9 Polity Number. 1094379 , ALSO SAVE AND EXCEPT THEREFROM THE FOLLOWING DESCRIBED TRACT OF lAND: BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST UNE OF THIRD ADDmON TO EL BONITA GARDENS, f>.5 PLATTED AND RECORDED IN BOOK 52, PAGE 26, LANE COUNlY OREGON PLAT RECORDS, SAID POINT BEING 485.78 FEET' SOlJTH 810 47' 15" WEST AND 959.01 FEET'SOlJTH 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 SOlJTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST UNE AND THE WEST UNE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WEST UNE OFSECOND ADDmON TO EL BONITA GARDENS, f>.5 PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT RECORDS, 335.00 FEET'TO THE INfl1AL POINT OF RRST ADDmON TO PHYLUS PARK, AS PLATTED , AND RECORDED IN BOOK 54, PAGE 14, LANE COUNTY OREGON PLAT RECORDS; THENCE ALONG THE NORTH BOUNDARY OF THE SAID RRST ADDmON 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' EAsr 300 FEET'TO A POINT; THENCE NORTH 960 FEET', MORE OR LESS, TO THE MCKENZIE RIVER AND THE TRUE POINT OF BEGINNING; THENCE NORTH B30 EAST ALONG SAID RIVER 331.40 FEET'; THENCE SOlJTH 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, OFRCIAL RECORDS OF LANE COUNlY, OREGON, PARCEL 2: BEGINNING AT A POINT ON THE NORTHERLY PROJECTION OF THE WEST UNE OF THIRD ADOmON TO EL BONITA GARDENS, f>.5 PLATTED AND RECORDED IN BOOK 52, PAGE 26 LANE COUNlY OREGON PLAT RECORDS, SAID POINT BEING 485]8 FEET',SOlJTH 810 47' 15" WEST AND 959.01 FEET'SOlJTH 00 07' WEST OF THE NORTHERLY NORTHWEST CORNER OF THE F. SCOTT DONATION LAND ClAIM NO. 51 IN TOWNSHIP 17 SOlJTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; THENCE CONTINUING SOlJTH 00 07' WEST ALONG SAID NORTHERLY PROJECTION OF THE SAID WEST UNE AND THE WEST UNE OF THIRD ADDmON TO EL BONITA GARDENS AND THE WEST UNE OF SECOND ADDmON TO EL BONITA GARDENS, f>.5 PLATTED AND RECORDED IN BOOK 45, PAGE 9, LANE COUNTY OREGON PLAT RECORDS, 335.00 FEET'TO THE INfl1AL POINT OF RRST ADDmON TO PHYWS PARK, f>.5 PLATTED AND RECORDED IN BOOK 54, PAGE 14, LANE COUNlY OREGON PLAT RECORDS; THENCE ALONG THE NORTH BOUNDARY OF THE SAID RRST ADDmON TO PHYLUS PARK NORTH B90 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 SOlJTH 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 RIVER TO A POINT NORTH OF THE TRUE POINT OF BEGINNING; THENCE SOlJTH 682.46 FEET'TO THE TRUE POINT OF BEGINNING, IN LANE COUNTY, OREGON. APN: 0197317 and 4132005 and 1517703 \ Date eceived: Date Received: II ~tj ~f),t Planner: AL ~ Original Submittal Am~rNtu~ce _~'iny of Oregon Form No, t4112.0G ALTAOwne~5 Policy (6-1HlG) " .. lit,., .' . ~~. First American September 26, 2007 Helfrich Family Revocable Uving Trust 2587 North 19th Street Springfield, OR 97477 Order Number: litle Officer: Phone: Fax No.: E-Mail: Escrow Officer: Phone: Fax No.: E-Mail: Property: We enclose the following: , 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 to Policy Number. 1094379 Rrst American TItle Insurance Company of Oregon GOO Country Oub Road Eugene, OR 97401 Phn - (541)484-2900 Fax - (54t)4Il4-7321 Owner's Policy Thank you for your confidence and support. We at First American Title Insurance Company of Oregon maintain the fundamental pnnclple: Customer First! Date Received: 1t/21JoO! Planner: AL I AmElfI~;rNt"~ce ~ny of Oregon Date ~ AUG 2 7 008 ~ S,bmillac.; '\ ] ORIGINAL JUL H ZOllO DATE 'RECEIVED :,e County Department of Public Wor. Facility Permit Permit 080301 t a IPfD~'"'~' Appllcaton,Date 06/05/2008 Issued .07/11/2008 Field Inspec:tion 07/08/2008 Permit Expires on 07/11/2009 .Completed Please call lane County Department of Public Works to arrange for an Inspection when permitted activIty Is completed. Location: Township Range Section lf4 Section 1f16 Section TaxLot Issued by Petsch, John Inspected by Petsch, John Permitted actIvIty must be completed prior to this expiration date. , Zone 1 Eugene Road 20TH ST Road No. 177300 Milepost 0,37 , 17 . 03 24 o o 00500 Applicant's Description of Work: STORMWA-TER,pIPES COLLECflNG ROOF RUNOFF WILL BE DIRECTED INTO AN EXISTING DITCH, THIS WORK DOES NOT OCCUR WITHIN THE ROW, BUT DOES AFFECT AN EXISTING DRAINAGE CURRENTLY UNDER COUNTY JURISDICTION, , Applicant Address 2535 PRAIRIE RD, SUITE, B EGR & ASSOCIATES EUGENE, OR 97402 Day Phone 541-688-8322 Eve Phone Cell Phone Fax 541.688.8087 ' emall Owner HELFRICH FAMILY REVOCABLE UVING TRUST Address Day Phone 541-729-4886 2857 N. 19TH ST Eve Phone Cell Phone , Fax emall SPRINGFIELD, OR 97477 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 Inspection or for any questions, . ....... , ~llIlived: 'i~~ AUG 2 2008 tY ,'.. ~ , \1--:" Date f.i.eCeived;~/J&(J1 Planner: AL . OJ,^-H.:... Lane County Dept. of Public Works, 3040 N. Delta Hwy., Eugene, DR 97408-1696, Attn: Permits Clerk Tel. 541-682-6902 Fax. 541-682-8500' Hearlng Impaired; 541-682-3995 Rev 12/09/04 ATTAOOMEtH 3 - 23 07/14/2008 i e County Department of Public Work Permit 080301 Facility Permit Type Drainage Permit SpeCifications A, This permit covers County road rights-of-way ONLY, The Appilcant/Contractor shail keep one complete set of issued permit on the project site during construction, Permit placard, shail be vislbl,e from the road until the permitted activity has been completed. ' B. HOLD HARMLESS CLAUSE - The Permittee agrees that their performance under this permit Is at their own sole risk and that they shaillndemnlfy lane County, Its agents and employees, and hold them harmless from any and ail ilabillty 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 f~ily 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. v10lated or pUblic safety is threatened, Actess permits shall'remaln In effett un!lf.a change In'lahduse occur,S: The CO",1ty 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, Instailation or construction of additional roadway Improvements and traffic contrel,devices at any time In the future when the traffic volumes generated by the use for which the access permit Is authorized necessitate such instailatlon In the Interestof pubilc safety, . 0, Separate permits may be requlred'from federal, state or local agencies that have enacted regulations or ordinances .regardlng protection of the environment and preservation of natural resources, The Permittee is solely responsible for complying with said regulations or ordinances, If appilcable, 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 confilets between the conditions of this facility permit and any such laws, rules or regulations, the more restrictive shall apply, E, It is the responslbliity of the Permittee to reestablish any survey monument moved, destroyed, etc" while working' within county right-of-way. Re-,e~\ablishment of survey monuments must be done by an approved registered surveyor and ail costs will be borne by the Permittee, ',' , F, Permittee guarantees a)1 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 like. condition In' the same location and the ~rea around them will be restored to a like or better condition. H. All other areas such as lawns, ditch bottoms, ~tc., shall be reshaped and restored to at least original c~nditlon, 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 precedures will adhere to Manual on Uniform Traffic Control DeVices, 2,003 edition, J. Permittee is to notify Lane County, PUbilc Works Department, permlfSectlon, 48 hours before beginning work,urtder this permit - (541)-682-6902. P~lor approval for modifications to permit spedflcations Is required, K. Permittee Is to notify Lane County, pubilc Works Department, Permits Section, far Inspection of completed work prior to the expiration date - (541)-682-6902. L. All excavation must comply with the prOVisions of ORS 757.541 to 757.571. Notify all utility companies before doing any excavation (Call Oregon Utility Notification Center at 1-800-3n-2344). .M. Underground utility facility operators, shall subscribe to the Oregon Utility NotificatiOn Center as de>crlbed In ORS 7S7.557 (Call Oregon Utility Notlfi~tlon Center at 1-50~ 232-1987). , N. To seCure approvals for private land use outside a read right-of-way, Applicant shall contact Lana Co\vty Land Management Division at (541) 682-3807, or the City or ageney having Jurisdiction. \ ~ Date R~ceived: Date Received' I(h.~hooo ~; AUG 2~008 Planner: AL ~ , I \:2Y Lane County Dept. of Public Works, 3040 N. Delta Hwy" Eugene, OR 97408-1696,Q!'i,Qirw!~/&lm~al--"",,\ Tel. 541-682-6902 Fax, 541-682-8500 Hearing Impaired: 541-682-3995 \ ATTA~~~,*1j 3 - 24 07/14/2008 Rev 12/09/04 .I e County Department of Public Work. Facility Permit Permit 080301 Type Drainage Additional Requirements, specifications and provisions A. Flagger required when equipment in roadway, one lane to remain open to traffic at all times, B. Exercise care when crossing and working aiongslde roadway. No debris or mud Is to remain on roadway, Keep , roadway ciear at all times. ' C. Applicant is required to protect public roadway facilities at all time, (asphalt, shoulder rock, drainage structures, etcl. Any damage shall be reported Immediately to County by calling 541-682-6902, Applicant may be responsible For cost of repair. " ., f~. Date Received: It-~/,)(IOJY Planner: AL Rev 12/09/04 Lane County Cept. Of Public Works, 3040 N. Delw Hwy., Eugene, OR 97408-1696, Attn: ,Permits Clerk Tei. 541-682-6902 Fax. 541-682-8500 Hearing Impaired: 541-682-3995 A TT 1\Ia1i\WJll:r 3 - 2 5 . 07/14/2008 )> -l -l )> ("), :I: s: m Z -l w I "" Cl "'0 Qf2t :::JI!) :::J CDAil 71Cl> o )> !!1. r-< CD 0. , " \:> ,:<:.. ~ ~ -~ '" -. II --- I --1~ r--' t - ....., - ... dJ':' f.-____."' .. HELFRICH FAMILY REVOCABLE LIVING TRUST TENTAl'IVB:SITEPLAN """" MAP 11 lD 24 COn.SOO ,1 SP1lINGPJELD OREGON ",",Y:lOD1 --- --- ~r - w om -.- gn;DlKlRloI.\DC-. , , EXJrnN[JEWta~JBmh, -IlB:EiI'jil'lCNI'7S:Dp:16 . I ------______1 I I . I I I PUlI'05I!DfdJs& ~ I 1 ....- ~( ,"'- __K.I:EHZlI ~ I ~YEa'" O'\J" \ o \ I r"""''''''''''''" ;,.., -- +--1' _ I J \ =__~------=--~ --- -:--r--yl _ __-=-....;:::-, 1-, - __ - , '\ "'- ,./ """ . _ PII.CI"(lSI;J)IU\JBUC/ V k1PUPTOBl!PU.a!D I DUJNAOIUSIT / ATl'ROi'OSEOOUTf'AU.' I ' . /' I / " / 1 / 1 / 1 / , //. 1 / / / / / / 1 I I I -- --- -- -- -- --- ~::;.':.- u. ''''- -- ---- --- - ,----------------------------- ----=:.--, ': ~ I: 1 : 1 1 fi' : i-- I, I! I \ I I' Ii 1j..4 ,I .....--- , " " " " i , , , , , , , , , -...: " , , , " i I , , /I~~~mn //------t---~~ \ ,..-, --__ I _ l'JlOrosEDPI.lVATElJ / I -r-__ ~ :~2:- ~~m=:~_J:;-----=------~---- r~-o~-::~~-" )1:# - t-~) 1 . GRAVEL !';'f "'" 1 -------------T--- .--------------, ( J l __-r-- " I __ I II ___---- I I _- I I I.....' I l ",.....: : ,..... I . 0 ........1 : 1:..( .......... --==:: ~~5- I 0 .......... .>all:. l 0:.__ I P::: ................. ~ l__-U-:l- ..... 1.....-1 " "".... l""'- J ~ ..... I...... l c::o :9 .... ......, ..- 00 -O~l,_ ~e ......... ...........: J l:Q APPROVED/// / // i i ~ ,/ ...., I >- 'JI1-J08-")~/./~ ../'1! I ~ ....- _...."".... 1 I .......--;-- ......... . .....- I . ...... ......... ........ I :..........: ~ ~______ _____________""'-________________...._______________...J...___L____________........_, , , ..... ,,-..... ,/ , , , , , , , , "'....-------::. / ~- Ii ~:= (/ ""'=""::'"" ","', ~ I,. .....-/', ~ I I\. _/ I ~~ '__I ' .....~ i '""",,/ ,1 V.ItO'OSf!DG'aAva.OINVllAY ...." ..,- -,~ __...,1, "". ....... - ."...... ~. - - ""..4S.... ~- . fo>llo" ----.. ...-..- u__ .u ~_J , \ ~....._------- =.-.:... ......-- , ~ 1, II .' 0 . . ... 0\1 I ~ " .. .. ~ i'i ~ ~ ~ ~ is ~ il M ~ ~ ~ ~ o ~ M @ 'I L , , . . . 03/03/2008 08:21 FAX 541 736 .02/29/2008 14:44 FAX 1541888t CITY OF SPRINGFIELD PW CanoD ~002 IgJUUJ. PUS~IC WORKS DEPARTMENT I Englneerln9 Division Phone: (541) 726-3753 P"x: (541) 738-1021 STORMW A TEN. MANAGEMENT SYSTEM SCOPE OF WORK , (Ii..... bolo", this lilleJilled 0111 by Applh:dnt) - (pleQ}J. r.tum 10 Mall Slouder@ City a[Springfleld Puhl/c War"- Englnccring,' Far # 736.102 I, Ph"". II 736-!OJ'), .mail:m..lrJaJ.tfl4..i.$prlnll.fi.ld.or.... PTojcctNllmc: \\E'Io~\e.~ ?...co....;,.,.,......, Assessors PlIrccl \'"1- ~'!I " ';l.0.4"Tl. .s~,Ct Land Use(s): 1..0 Project Size (Acres):, I I. I jl,LI'l ,'" Approx. Impenious Areal \ ~J E:>D D :. F -- - - Project Description (Includes oopy of ^55.~sor's map): Si"1.. \"t L.-~ IIV'\ &I' ".l.' '-"" "', ~"*""~ \~ 'MS\~~ t.>~e, t:,:..>"'.:!.I-':>c; 'C.l'l"'l" "WI~ Neo', A"Alc.~, Applicant: Date: Phone #1 I Fax #: Emllil: ~na.lt..~\ r~...." '.. L."'....~.......,.~+- 2.~ Q.'t-o~ I h~""'- ~"!.1c:i- '"' C2. 'i4. - ,j\t':> t;b-r d r--l~ -!:...\--- .... ~ ~,. ."".u.t.!I. ~~. ~ "'I~ __ ..11 Drainll~e Proposal (l'uhlic conncelion(s), discharge lacalion(s). cle. Allnch additional sheet(s) ifncccssnry' C f;;.YJNc.'~ \ ...c.' E"1<'\~"t ,.....l=o ~\/j1'c. ~t' \."".'I(.~t. . "roo~~ed Stormwaier Best Manll1ement p....cticeg: "~'''-VI ~ Vr~'\..'\""-O C" loP ,.. ,... or- ~..."-a",,,lo-C . ,fA,,!!" b~~I{'~ Ii.!~ 11llad ~ul Itv Ih. ClIv /Jlld RcJ.,!""rl lu 1/1. A~/JlI<'llnl) (AI a minimUm, all ba:xes chec~~/J ny th. City O~ Ihefrant ""d back a/thtuhee,.h"lI buuhmirrcd fur""" apDltcat!(m In be IMmlJ/cte far sllbmillaJ. althou1fh Qlhtu' ~~uil't:l1Ir.mla ",u\oJ he mlCH!SlQrv.J ,Oralnll~ Sludv Tvn!! (EDSPM Sedlon 4.03,2): (Nole. Ufl maybe subslilulQ<J for R.alional Method'l III !;mall Site Study - (use Rational Melhod fur C1IlculatianB) .0 Mid-Leve:l Development Study - (upe Unitllydroglaph Melhud fur'calclllatinns) o Full Drainage Development Study - (us. Unit Hydrograph Method fllr c.lculations) Envlronmenml COllsiderallollS:, ill Wellhead Zo~e: ,~."I"t \b.J-r\III.C.~\ ?~""_~ I!!!!I Hillside Development: M WellundIRiparian: ..,),/A- Fll,lo<lwayIFloodplain: III Soil Type:: ~~~l"\o.l~ S'.\+1.. (',\~ ~o."" II! Other ]urisdie:tions \ OawndrCllm"Anllllvsis, Nt}... ~f?~ l.nno... c,.....;.I... I . N/A. o Flow line for starting water surface ele:vation: o D61l;gn-HGL to. use for starting waler surreec elevation: o Manhole/Junction 10 take lUlalysis to:, \ DOlO::;';;?,"":"""''''.' ...._-"'....~,FAA,MR~M:::d: Planner: AL ATTACHMENT 3 - 27 '0" IS b . I Y' nglns u mltlP1 ~ , \ 03/03/~.o.o8 08: 21 FAX 541 736 .- 02/29/2008 14:45 FAX 15416881 CITY OF SPRINGFIELD PW Canon ' ~003 il!l OOZ COMPLETE STUDY ITEMS r. F(lrOI"il;inIU.vO~ * 8a:J.ecl upon th~ infnrmdtl(m provided f.'" thf:/ronl o/rlll& Shfll'/. IilejaUaw;ttg rcpre.sgnt~ u mJnimum "fwhat i, "uv.4t!dfnr an "Pplic:t'l(on tn he ."mplala/or-..ub",ltt,,} ",llh r',.per:t to drai""g,; hn""",.,., this 1131.hUIIIJ m" he u.ad In lieu afth. Springfield O"elnp",anl Cnck ISDC) or th. City '! Engin."rlng TJe.tllln Monual, Compllan~. ",lIh thell< ~qulremetf/;V dna" nol consllllll< .ite app",."I; Add/Ilona! .11. .peeifi~ I"fn"""""n may IuI required, Note: Upon lOop/nil "h." "ullmillul, ena"re "",,,p/etedfanll h"" been signed in the .paoe pre,.,d<<d h.rJaw: Inlonm Desij:D SlaJldardslWal1:r Qu.lil)' (I!:DSPM Chapter J) -~~, ' o 1M All non-buildins ,,,attop (NBR) imp.ovia'Lo ,urioe"" ,hall be pre_rroatad (e.g, imdl;-<lhRmhered ealc:hb..,in w/oilliltration n1C~in) for slonnwoter qualily. Additionally,. milllmuDl of 50% ofthc NUR Impervious surfu.e shon be tn:atc~ by, vcgda1ed melhod,. o iii WhIlre "''I',in:d. vellc1.alive alann,."uer design ,b.ll be eOtlSI~ent with inlerim do:sign Sl311dards (liDSI'M Seo,ion 3.02), s.1 forth hy the Ilureuu of Envjrunmenlal Service. (BllS) ot Clean Woter Senic.! (CWS). o iii Par neW NI3R impeovio,," IUl:U IClS Ulan I S,OOOsquare feet, a simplified ~..ign .pproach may b. followed.., .p.cir.c~ by \pe BES for vegetative Il'Clllmclll. ' ' o II!Ilf. .tonnwater lreannent ;.wal. i. prllllosed. submit e31eulatioMi.pecifi<:1ltions rar sizing, velocity, now. alne <lopel, buUum slope, and seed mix <<:OlUrislcnl with either BES or CWS ret'Lulremcnt!t. o [I] W.u.r Quality calculation..., n:quircd in Scotian 3.03.1 of \lie EI)SrM o III All building roolWp mmllllod equipmen~ nr other nuld containing eqwpmenllocnted natsidc of the building. shall bc provided with secondary eunllllnmenl or weather n:Jlistnnl enela""te. General Study Requirements (KDSrM !lecllon 4.03) ~ 0 O..ilUlgc l$\udy prep.rod by . Professional Civil Engineer licensed in Ibe state of Oregon. o !II ^ complele d..inage study,,,, ",qulred in 60SI'M Sd:lion 4.03.1, including 11 hydro1oglc.1 .Iudy map, ~ 0 Calculations obowlng sy;lem cap.oilY for a 2.yelU' .lonn event and ovetflow effects of a 2S-yeHT slurnl event. o III The time or coneenlnrtilltl (Te) shall be determined using a 10' minute slllrltiInc ror deV\lloped basins, Review uf Downstre11JR System (EDSI'M Sectinn 4.03.4.C) o III A dowru;lnlllln drain,,!e onalysis lIS described in EDSPM Section 4,03.4,(:, On-pile dl1linuij~ sholl be g~vemed by Ihe On:gan Plunlbing Sped.lly Code (OPSe:). o III Elcv.liulUl or Ihe HOt. oed llow Iin.. for both oily Ull~ private 'Y"l~ms where appU..ble. O..I1:n of Storm Systems (EDSPM S..lIon 4.04) . 0 Flow lin... slopes, rim c1evnlions. pipe type and .~"" clearly indicated on the pilin ....L o .. Minimum pipe .over shnl! b. 18 inches far reinforced pipe end)(j Inches for plaIn concrclC an~ plaslic pipellUllcrial.. or pmp.r ""gin..ring calcul4tions sh.1I he provid.d wben less. The cover Sh.111 he .uffioienllO supporfm 80,000 Ib lnad without railure oflhe pipe otruclun:. ' o !II Monning's "n" values for pipe. .ball b. .unsiSlent wilhTable 4-1 of the EOSP. All mm'l pipes shall be d''''JlII.d lu nchieve a minimum velocity of Ihtell (3) feet pcr .ccoon nlll,S pipc rull bused on T.ble 4-1 a. well. ,. , OtherlMlse " III 0 Hxl"ing ""d prup"IIC-<I.onlOur., locatc:tl 81 one foot interval. Include spot elevations and .ile grudus showing bow site drain~ II 0 Private S10nnwaler ..semertlS shall be clearly dcpie..od on plans when pri..'" slonnwub:r lIows from one prop.ny to anotller . o 11 DrywellS .naUnot receive runoff from any surrac. wlo being Ire.led by o~e or 111Q\'O BMPs, with the "".epllon er rcsid.nlilll . building ",on: (I!DSI' ~ccliun 3.03.4.A), Additiolllll provision. apply w uti..s ....q\1lred hy lh. DUQ, Ref.r lu Ii", weboire; www.d~a_~hl-II~_III..us.lwa/errlUnuW.ll/lllchoml!.hl..... far rrture info(l1'Ultion. . 0' IllDetention pond. shull be design.d 10 limit manIT tn pr...Jevelopment rolc. f~r rhe 2 thraugh 2S-ye.r .tolin eveolS *Thiofortt' shalf b~ indurled US 0;' anac/rln'llI, Insl4.th'f,unr co"",, "fthe .ror",..at,r,.tudy * IMPU/lrANT: ENGINEl.!R PlEASE REAlJ BilLOW AND 81(11'11 I A" the ""gineer of record, I horeby certiry lb. above requiTCd ilomG Are compJct&: LInd il1cluded with lhe 5llhmiUc9lrtDrmwnl~r study and pl"n set Si!,'lUllun:~ (912 R. Y D.t"3-1l).-l>~' Date Received: ' A~~08~ ' ,_,yj;L _~_,__I c."...",ittal ' Date Received: Planner: AL f ;jb~ / )ooj' ATTACHMENT 3 - 28 Form Vo"ion 2: Murch 2004 .- ~ ~ ~ 5.0 ===1_= ~ ~ ~ ~. 4,0:::::;" - - ~ ~ 8.6',," ~ " Vi ~ ~ ~ 8,0'..... ~ ~ _ ______ ~ ~ ~ t,6 ~- "~ ----L-- ~ ~ ~ ~ 20-'--, ~ ~~-------___L_ -~ ~\,}'~ ~. , """...., ~ ~ ~ ~ ~ ~ ~ 1.6~L'~ - ~(" ------- ~ ~ ~ ~" '\.5t) ~ "'->- " j, /'..... '-. ;::q /,0 --.....C...-"I 2<:<:~' "'::;----- 1---- ----[- ~ ~ 0.8 =- = " ~- ",', --I----c--- -- ~ c::s ' SJ) __-1-1 "<;;::~ _~ ~ ::; OG - - " " L,..... "< 0.6 = -- - ~~ ~. - - ~ ~ ;S tJ.4 - - - ~ ~ a~ -- '" o.~ ~ ;;~ r.. .. ~, ~ 02 - -- ! ~pj I ~ a8--, ___ ,.; ~-:-___________~____________.__~'..............., '"' - . """, f. I ' " ,'. ! ~~ ~~ f;ij6-i8f3l0' , "16' 'to ~ -;~-dOtOll!R. ---Z//R. 8J/R~-ellR:~-- 12J1R. - ~41/R. U Or' 0-/, (1) ;r , ~ ~ ~ ~. DateReC~ived:.L;~~~"ori DIJ/?AT/ON (Min./Jlrs) ~ ~ / ~, ~ Planner: AL ./.. - .' - .' ------- ___1_____- I. - -- --- --- - ---- -- ---- - - ----- ------ ---c______ ---------- =F-- -- ~~ , +,- ' --~ 'I ==:~===~~--'-------- r a - - '. 1"-. IZLJ'r _. ~ ,_: Project Description Worksheet Circular Chan Flow Element Circular Chan Method Manning's Fo Solve For Channel Depl Section Data Ma'nnings COI 0.012 . Slope 20800 ftIfl Depth 0,14 II Diameter 4in Discharge 0.11 cfs Cross Section . Cross Section for Circular Channel 2.,-/12- ('" t 0.14 It ~ 4 in V:1~ H:1 NTS 2008 (J)9 \ c:\program files\haestad\fmw\project1.fm2 EGR & Associates, Ine.. 03118108 02:45:25 PM <<:l Heestad Methods,/{'tT At!Im~\lffo~ ~~Ury, CT 06708 USA (203) 755-1666 Project Engineer: Shane Hughes FlowMaster v6.0 [614b] Page 1. of 1 DateReceived: 1;6+1 Planner: AL Cross Section Cross Section for Circular Channel Project Description Workshee.t Circular Chan Flow Element Circular Ctlan Method Manning~s Fa Solve For Channel Oapl 2...s;- 'f ,1 , Section Data Mannings COI 0.012 Slope 20800. ftllt Depth 0.18 It Diameter 4 in Discharge 0.17 cfs r 0,18 It ( 4 'n V:l b,. H:l NTS Date Received:~bool Planner: AL AU62 Original Submittal t1 ;: c:\program files\haestad\fmw\project1.fm2 EGR & Assadates, Inc. 03/18/08 02:50:35 PM @ Haestad Methods'lI'fT AUH'M~tflRo~ ~~ury. CT 06708 USA (203) 755-1666 Project Engineer. Shane Hughes AowMaster vll.O [614b] Page 1 of 1 bty of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Land Division Tentative Plan Partition, Subdivision I I " ~. '1 . II Applicant Name: Icompany: IAddress: , IAPPlicant's Rep.: Company: ' Jim McLaughlin I Fax: (54!) 729-4886 (54!) 736-0954 2428 Ranch Drive Springfield. OR 97477 I ~hone I Fax: Address: , I Helfrich Family Revocable Living Trust - Dean & Gayle Phone Property ~wner: Helfrich Cn-Tm<tees Icompany: Fax: IAddress: 2587 North 19th Street Springfield, OR 97477 IASSESSOR'S MAP NO: 17-03-24 I ~~",\~T 500 Property Address: 2833 North 20th Street Springfield, OR 97477 Size of Property: 1.03 IProposed Name of Subdivi~ion: N/A , I Description of If you are filling In this form by hand, please attach your proposal description to this application, Proposal: Partition the property into two parcels I ExistinCl Use: Single Family Residential I I Avg. Lot/Parcel :# of Lots/Parcels: 2 Chr-- 22.434 Si natures: Please si nand rint our narne and date in the a Acres I2SI Square Feet D s I Density . _ 2 du/acre riate box on the next Associated Applications: I ' (XX)~ Pre-Sub Case No.: :P"ZU>oB....-, Oate: 6\~~1d) Reviewed by: Icase No.: SUe, 21tll ~ 0003 q "Date: ~ [Z.I( cE Reviewed by: IAPPlication Fee: $ ~CU S' -- I Technical Fee: $ %5,q-c:; I PostaQe Fee: $ ~(d)--1 ITtJTAL FEES: ~ G} ~W ,1-S j PROJECT NUMBER: TJRf ~007-CJxJ14 1"'"""~->,~"-,,,,-,,,"""'~~,""""'~-"4"''''PV.''''''''''''''''''''_'-''''''<;.''''_.''-'''''''_''''"'''"'''''_~~~r"""'__>o;-.<",'''-'''__'''''''''''''''C~;'''''''i'..'''___-;>d,"''''''''~'''.~-''''''':'''''~-''.,T._~","~''''''-o;...'__;..-'-"'...._~......r..>:..-~.._"'''''*~ , .' Date Received:-L!/,u/Ja1f Revised 1/1/08 Molly Markarian . Pt"pn"r' AL I;; . orlO ATTACHMENT 3 - 32 ." ,,,'. , Signs: LD LD I I 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 of the Pre- Submittal Meeting. ' . Owner: Date: Signature Print Submittal I represent this application to be complete for submittal to 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: \) ~~~ ~/~ Date: ~~ 1vlo ~O ~ Signature G.e.,.().^"", \-\~\ ~~t/l.. Print ~ . d' Date eceIVe. Original Submittal Date; Received: / / ~h-o(}J' Planner: AL --LIf.k. , Revised 1/1/08 Molly Markarian 2 of 10 ATTACHMENT 3 - 33 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. fe. Stormwater Management Plan . o Prepared by an Oregon licensed Civil Engineer o Planting plan prepared by an Oregon licensed Landscape Architect where plants are proposed as part of the storrnwater rnanagement system o 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 detentiolJ ponds; storrnwater 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) o 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: o Proposed deed restrictions and a draft of any Homeowner's Association Agreement o 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 D 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 in SDC 5.19-100 o A wetland delineation approved by the Oregon Division of State Lands must be submitted concurrently where there is a w~tland on the property o Any required federal or state perrnit 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 D Where applicable, any Discretionary Use or Variance as specified in SDC 5.9-100 and 5.21-100 Da Received: Date Received:....LLh<t: ~tJJ' Planner: AL I 7' d- ATTACHMENT 3 - 34 Revised 1/1/08 Molly Markarlan Original Submittal o 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 D~ ceived: Datel rieceived' Planner: AL i/~7/Joor I I Original Submittal Revised 1/1/08 Molly Markarian 7 of 10 ATTACHMENT 3 -35 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 item on the list below does not apply to your specific application, please state the reason why and attach the explanation to this form. 0' ri 2J 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 Developrnent Services Departrnent. 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 action to be taken. ' .lZf >6 rz( Copy of the Land Division Plan Reduced to 81fz"x 11", which will be mailed as part of . the required neighboring property notification packet. , 0 vi ~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 daysdocumenting ownership and listing all encumbrances. )Zf Three (3) Copies of the Stormwater Management System Study with Completed Storm water Scoping Sheet Attached - The plan, supporting calculations, and documentation must be consistent with the Engineering Design Standards and Procedures Manual. ' o ~)lfhree (3) Copies of the Traffic Impact Study prepared by a Traffic Engineer in accordance with SDC 4.2-105 AA. Traffic Impact Studies (TIS) allow the 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 systern in terms of safety, traffic operations, access and mobility, and imrnediateand 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 ofthe 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. o All plan sets must be folded to 81h" by 11" and bound by rubber bands. a. Site Assessment of Existing Conditions o Prepared by an Oregon licensed Landscape Architect or Engineer D Vicinity Map'./. >,/ ,0- Date .Received;~~! )orJr} P'.sT11cr: {.\,L Revised 1/1/08 Molly Markarian ATTACHMENT 3 - 36 . C~R€l~iv@ijd: ~ AU~Z 2008 Original SUb~~~\#~ '\ o The name, location, and dimensions of all existing site features including buildings, curb cuts, trees, and impervious surface areas, clearly indicating what is remaining and what is being removed. For existing structures to remain, also indicate present use' and required setbacks frorn.proposed property lines. o 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 Developrnent Services Department o 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 o 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 Departrnent o Physical features including, but not Iirnited to trees 5" in diameter or greater when rneasured 4 V2 feet above the ground, significant clusters of trees and shrubs, riparian areas, wetlands and rock outcroppings o Soil types and water table information as mapped and specified in the Soils Survey of Lane County. A Geotechnical Report prepared by an Engineer must ~ submitted concurrently if the Soils Survey indicates the proposed development ar~ has unstable (' soils and/or a high water table Date ceived: , , b. Land Division Tentative Plan , , ~ M o Prepared by an Oregon licensed Land Surveyor 2 7 o City boundaries, the Urban ,Growth Boundary, and any speci~Il~II1AlI'Sgi:litrilfal 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 the 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 Development 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 o Location of existing and proposed transit facilities o 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 rnains, power, gas, telephone, and cable TV. Indicate the proPo~:~_~:'~~:~:;:,~Oi~~s271 hlJP,! Revised 1/1/08 Molly Markarian "'Iall' ,.'L ~ S of 10 ATTACHMENT 3 - 317 1It::l, M TYPE n TENTATIVE PAR II llON REVlEW, STAFF REPORT & DECISION Project Name: Helfrich Family Trust Partition 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-]O) Comprebensive 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 "0004 7; PRE2008-00024; ,SHR2008-00006 CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM IposmON I Proiect Manager I Transportation Planning Engineer I Public Works Engineer I Public Works Engineer I Deputy Fire Marsha] I Community Services Manager REVIEW OF Planning Transportation Utilities Sanitary & Storm Sewer Fire and Life Safety Building I NAME And~ Limbird I Judith Johnduff I Clayton McEachern Clayton McEachern Gilbert Gordon Dave Puent I PHONE 726-3784 I 726-7134 I 736-]036 \736-]036 726-366] I 726-3668 , APPLICANT'S DEVELOPMENT REVIEW TEAM Owner/Applicant: , Surveyor: Engineer: Dean & Gayle Helfrich 834 Pearl St. Eugene, OR 97401 Jim McLaughlin 2428 Ranch Drive Springfield, OR 97477 Dan Olmstead EGR & Associates, Inc. 2535 Prairie Road, Suite B , Eugene, OR 97402 Date Received: ' , Planner: AL 1121j)-O{]! ATTACHMENT 4 - 1 ': DECISION: Tentative Approval, with conditions, as of the date of this letter. The standards of the Springfield Development Code (SDC) appliCable to each criterion of Partition Approval are listed herein and are satisfied by the snbmitted plans and notes nnless specifically noted with findings and conditions necessary for compliance. PUBLIC AND PRIVATE IMPROVEMENTS, AS WELL AS THE FINAL PLAT, MUST CONFORM TO THE SUBlhu till PLANS AS CONDmONED 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 ]5 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 II procedures listed in SDC 5.1-]30 and the partition criteria of approval, SDC 5.12-] 00. This application was accepted as complete on August 27, 2008. This decision is issued on the 4]" day of the ] 20 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 20ih Street. The property comprises approximately 44,850 it' (1,03 acres). The Springfield Urban Growth Boundary (UGB) runs along the northern and eastern edges of the site. The property is zoned and designated Low Density Residential (LOR) with an Urban Fringe Overlay (UF-IO) in accordance with the Metro Plan. The Assessor's description for the subject property is Map ] 7-03-24-00, Tax Lot 500. Approva] of the proposed partition would create two LDR/UF-IO parcels with frontage on 20ih Street. Proposed Parcel I would have approximately 62 feet of frontage on the 20ih Street cul-de-sac, and Parcel 2 would take access from a panhandle driveway onto 20ih Street. WRmEN 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 of this decision for consideration. Procedural Finding: In accordance. with SDC 5.1-130 and 5.2-] 1.5, 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.]2-125 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 conditioos cannot be attached to satisfY the criteria, the Director shall deny the application. A. The request conforms to the provisions ofthis Code pertaining to lot/parcel size and dimensions. Finding]: Pursuant to SDC 3.2-2] 5, 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, I'.vl'v,ed Parcell is al'l'.v...:....ately ]8,380 it' 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' /yj;hdO! Planner: AL 2 ATTACHMENT 4 - 2 Finding 4: 'In accordance with SDC 3.2-215, proposed Parcel 2 is approximately 26,555 jj2 (including roughly 23,960 jj2 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-lO). '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 ndf'l'" be exceeded and the public improvemen~ shall be available to serve the site at the "time of development" unless otherwise proVided for by this Code and other applicable regulations. ' The Public Works Director or a utility provider shall determine capacitY issues. 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 staffs review comments have been incorporated in findings and conditions contained herein. General Finding 9: , Criterion C contains sub-elemeitts 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 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-] 05) o Stonnwater Management (SDC 4.3-1]0 -4.3-] 15) 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 4.3-140) Public and Private Streets Finding 10: Section 4.2-]05.G.2 of the Springfield Development 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 frontage shall be fully improved to City specifications. Exception (i) notes" that in cases of unimproved streets, an IIDprovement Agreement Date Received: I 0~cJOcf' 3 ATTACHMENT 4 - 3 Planner: AL shall be required as a condition of Development Approvaf postponing improvements until such time as a City street improvement project is initiated. Finding I]: The subject property has frontage on 20ih Street, which is classified as a Lane County local access'road. South of the cul~de-sac bulb, 20ih Street is improved with paving, curb and gutter, and underground utilities. The cul-de-sac bulb along the pro~erty 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 20ih 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-]40.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-]40, As noted above, the property owner will be responsible for maintaining the trees, Conditions of 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 povp~..j (Tax Lot 4800) to the western edge of the Parcel 2 panhandle. , 3. Prior to approval of the Final Plat, the applicant shall instal] two street trees on the Parcell 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 iD. a safe and efficient manner. Sanitary Sewer Improvements Finding ]5: Section 4.3-]05.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 ]6: The p.~t'~.~y 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 UmeCo~tySanitarian. / Date Received: //?1/d"d! Planner: AL 4 ATTACHMENT 4 - 4 Finding] 7: The ,~u""';.'e 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 ]8: Prior to construction of a dwelling on Parcel ], the landowner/developer will need to obtain a septic installation permit 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 ]. 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 fi~lds serving Parcels I and 2. Conclusion: As conditioned herein, the proposed sanitary sewer systems are adequate to serve the proposed development. Stormwater Management Oualitv ' Finding 19: Under Federa] regulation of the Clean Water Act (CWA), 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 Storm Sewer System (MS4) permit. A provision of this permit requires the City to demonstrate efforts to reduce the pollution in urban stormwater to the Maximum Extent Practicab]e (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 Stormwater 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 stormwater 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 conimunity. 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 and 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 Stormwater Facilities Master Plan (SFMP). Finding 23: As required in SDC 4.3,-1l0.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: /lh'/,~t1I!JL Planner: AL I / c/ 5 ATTACHMENT 4 - 5 Finding 24: Section 3,02 of the City's EDSPM states the Public Works Department will accept, as interim design standards for stormwater quality, water quality facilities designed pursuant to the policies and procedures of either the City of Portland (BES), or 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 Stormwater Management Plan sheet of the 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 ], 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 stormwater drain pipe extending from 20th Street. The applicant is proposing to run the private 4-inch stormwater drain pipe inside a proposed 10-foot wide public drainage easement along the western 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 I'wl'uoed drain pipe located within Parcel ] 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-]40.A, 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 stormwater drainage pipe, a ]4-foot wide public easement will be required to ensure maintenance ~d replacement activities can be conducted within the easement area. Ouantitv Finding 29: Section 4.3-1l0,B of the SDC requires that the Approval Authority shall grant development approval only where adequate public and/or private ..u.~water management system provisions have been made as determined by the Public Works Director, consistent with the EDSPM. Finding 30: Section 4.3-]]0.D of the SDC requires that runoff from a development shall be directed to an a,pproved stormwater management system with sufficient capacity to accept the discharge, Finding 31: Section 4.3-1l0.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 4.3-110.D & E, stormwater runoff from the site will be directed to an existing drainage ditch extending north from the northwest corner of the site. The ditch eventually discharges to the McKenzie River syste~ 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 ]4- 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 Stormwater Management Plan that shows the 4-inch stormwater drainage pipe serving Parcel ] relocated outside the ]4-footwide public easement on Parcel 2. ATTACHMENT 4 - 6 Date Received: Planner: AL / t!Z4~oO , , 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 stonnater drainage pipe and allow for maintenance and replacement activities. 10. Prior to approval of the Final Plat, the 4-inch stormwater drainage pipe serving Parcels I and 2 shall be installed from the Parcel ] building envelope to the outfall apron as generally depicted on the tentative plan. Conclusion: As conditioned herein, the proposed 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) E]ectric 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] and 2; a 10-foot wide easement along the south boundary of Parcel I; and a ]O-foot wide easement along the eastern boundaries of Parcels I and 2 to the northeast comer 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 ] 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 10- 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 4.3-130A 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 comer of Hayden Bridge Road and 2]" 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 t"Vt'~. ~j. Therefore, a fue hydrant will be required with this proposed development. Finding 40: In accordance with the Springfield Fire Code (SFC) 503.2.3 and SFC Appendix 0102.1, a fITe apparatus access road (driveway) must be capable of handling an 80,000 lb. imposed load. The driveway , Date Received: /I:~d 7 , ATTACHMENT 4 - 7 Planner: AL / 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 4]: ill accordance with SFC 503.3 and SFC Appendix 0103.6, "No Parking - Fie 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 instal] an v...~....;,:ng public fire hydrant within the public street frontage of201h Street. The hydrant shall be constructed to City specifications and be located so as to provide adequate protection for structures on Parcels 1 and 2. 13. Prior to approval of the Final Plat, the appiicant 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-]40.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. I' 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 two existing EWEB easements affecting the property (#75-22936 and Book] 78, 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 tentative plan. Additionally, the applicant has obtained building permits for construction of a 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 property. Conditions of Approval: 14. The Final Plat shall provide for dedication of a 7-foot wide PUE along the 201h 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. ' ATTACHMENT 4 - 8 Date Received: Ip~~"r Planner: AL 8 D. The proposed development shall comply with aU applicable public and private design and construction standards contained in this Code and other applicable regulations. 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, sub-elements and Code standards of , Criterion D include but are not limited to: D.] Coilformance with standards of SDC 3.2-200 (Residential Zoning), SDC 4.4-100 (Landscaping, Screening and Fence Standards), SDC 4.6-]00 (Vehicle Parking, Loading and Bicycle Parking Standards), and SDC 5.17-]00 (Site Plan Review) o Parcel Coverage and Setbacks (SDC 3.2-2] 5) o Height Standards (SDC 3.2-215) o Landscaping Standards (SDC 4.4-]05) o Screening (SDC 4.4-1 ]0) o Fence Standards (SDC 4.4-115) o On-Site Lighting Standards (SDC 4.5-] 00) o Vehicle Parking Standards (SDC 4,6-] 00) 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 Refinement Plan area o The site is within the F]oodplain 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 of the LDR District. Finding 48: The building footprint of the proposed dwelling on Parcel 2 is depicted on the tentative plan, and should not exceed the maximum lot coverage (45%) of SDC 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 north of Parcel 2 is in the mapped FEMA f100dway 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 5]: 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. Date Heceived: 1~/.zft7a 9 ATTACHMENT 4 - 9 Planner: AL 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 , ' Finding 54: It is not expected that outdoor residential lighting for the proposed dwelling will cause light ,trespass onto adjacent properties. Vehicle 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 Parcell. Condition of Approval: 16. Prior to issuance of Final Occupancy for a dwelling on Parcel ], at least two paved off-street parking spaces shall be developed on the site. Conclusion: As conditioned herein, this proposal satisfies Criterion D.]. 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, Plan 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 Refmement 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.] feet. In accordance with the FPO approval and SDC 3.3-420.B.1, the finished floor elevation for dwellings on Parcels I and 2 must be elevated at least ] 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 of the applicant's FPO approval for the pn;>perty. 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 /" v/,v"a]s shall be consistent with the need to minimize flood damage; b. All subdivision proposals shaH have public utilities and facilities, inciuding, but not limited to: sewer, gas, e]ectrical and water systems located, constructed and niaintained to minimize flood damage; c. All subdivision proposals shaII have adequate drainage to reduce exposure to flood damage; and Date Received: I/hf~d' 10 ATTACHMENT 4 - 10 Planner: AL / / d. One hundred-year flood elevation data shall be provided and shown on final and subdivision plats. The boundaries of the 100-year 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 final 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 SO lots or S 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-IO District are reviewed under Type II procedure. Finding 63: The proposal is consistent with provisions of SDC 3.3-800 for partitions and residential construction within the UF-lO 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 ] 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 Parc~ls ] 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 ], 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, inclnding, hut not limited to: steep slopes with unstable soil or geologic conditions; areas with susceptibility to flooding; significant clusters of trees and shrubs; watercourses shown on the Water Qnality 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, 358.905-955 and 390.235-240, shall be protected features have been evalnated 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 wetl~d area and does not contain significant trees or shrubs. Date ~eceived: . /1 4-f,{,//,{ Planner: AL / / '), 11 ATTACHMENT 4, -11 .. . Finding 66: As noted above, the applicant has obtained a Floodplain Overlay District approval for the property. Finding 67: The Metro Area General Plan, Water Quality 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 safety to avoid congestion; provide connectivity within the development area and to adjacent residential areas, transit stops, neighborhood a.;:" :;J' centers, and commercial, industrial and public areas; minimize dnveways 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 2-10t 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 County local access road with a 32-foot wide asphalt-paved roadway within a 60-foot wide right-of-way. The asphalt paving, stormwater. drainage, and curb and gutter ends near the southwest corner 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 I1E Land Use Code 210 (Single-Family Detached Housing) full development of Parcel 1 with a single-family residential use would generate 10 additional vehicle trips per day and 1 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 variety 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 proposed ~artition creates the need for paving, curb and gutter, sidewalk and street lighting improvements on 20 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 LID Routes #18 (Mohawk/Fairview) and #19 (Fairview/Mohawk) operating along Q Street and Marcola Road. ATTACHMENT 4 - 12 Date Received:-L~~~~r 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 lb. 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 1 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 ParcelL 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 confmning 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 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 Parcell. 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. ATTACHMENT 4 - 13 Date Received:4~"~ 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 the 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 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 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 Lot 505. Conclusion: This proposal satisfies Criterion H. L 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 2.0., 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 uo proposed parcel is less than 5 acres in size. Findiog 84: The "'~""'~J involved in this proposal is outside the City limits. Th.....:u..., provisions of the UF-10 District apply to this site. Date Received:4;{1~tf Planner: .AL 14 ATTACHMENT 4 - 14 Findiog 85: In accordance with SDC 5.12-125.I.2.b.ii, the majority of parcels within 100 feet of the subject site are less than 5 acres io s~e. Therefore, the proposal meets this requirement. Conclusion: This proposal satisfies Criterion I. CONCLUSION: The"teutative partition, as submitted and conditioned, complies with Criteria A-I of SDC 5.12-125. Portions of the 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 Fioal 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 Departmeut. 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 recordiog. 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 APPROVAL: 1. Prior to approval of the Fioal 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 Fioal Plat, the applicant shall obtain necessary permits and complete street improvements to the 20th Street cul-de-sac bulb, iocludiog completion of paviog and extending the curb and gutter across the property frontage from a tie-io poiot on the adjacent property (Tax Lot 4800) to the western edge of the Parcel 2 panhandle. 3. Prior to approval of the Fioal Plat, the applicant shall install two street trees on the Parcel 1 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 illustratiog the planned location of the septic tanks, draio fields and reserve fields serving Parcels 1 and 2. 7. To accommodate the existing 36-ioch 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 Fioal Plat, the applicant shall prepare and submit a revised Stormwater Management Plan that shows the 4-ioch stormwater drainage pipe serviog Parcel I relocated outside the 14-foot wide public easement on Parcel 2. . 9. The Fioal Plat shall provide for dedication of a private easement ou Parcel 2 for the benefit of Parcel 1. The easement shall be sufficiently wide to contain the 4-ioch stormater drainage pipe and allow for maiotenance and replacement activities. . ,In ,/ I . Date Received:~/,1er"'1 Planner: AL 15 ATTACHMENT 4 - 15 10. Prior to approval of the Final Plat, the 4-ioch stormwater drainage pipe serving Parcels 1 and 2 shall be iostalled from the Parcell building envelope to the outfall apron as generally depicted on the tentative plan. 11. As depicted on the applicant's tentative partition plan, the Fioal Pla{shall provide for dedication of a 100foot wide utility easement along the southern and eastern boundaries of Parcel ~ and the eastern 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 1 and 2. -13. Prior to approval of the Final Plat, the applicant shall iostall "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 dedicatjon of a 7-foot wide PUE along the 20th Street frontage of Parcels 1 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 thereofto the City. 16. Prior to issuance of Final Occupancy for a dwelliog on Parcell, at least two paved off-street parking spaces shall be deveioped on the site. 17. Priorto approval of the Final Plat, the applicant shall have a survey corner monument establishing the elevatiou 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 3.3-420AA.d. 19. Prior to or concurrent with approval of the Fioal Plat, the applicant shall record a deed restriction or similar mechanism agaiost Parcels I and 2 advisiog 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 buildiog permit for Parcell, the flood elevation ioformation 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 paved at least 65 feet into the site as measured from the south property lioe ou 20th Street. 23. The applicant shall obtain Lane County permits as may be required to insta1l 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 requestiogCity Buildiog 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 dwelliog on Parcel 1. The driveway shall be paved at least 18 feet into the site as measured from the 20th Street right-of-way. ATTACHMENT 4 - 16 Date Received. / Irf;o~cf Planner: _AL 16 26. The Fioal 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 alternate 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 Planniog 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 1 O( 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 Limbird io the Planniog Division of the Development Services Department at (541) 726-3784 or email alimbird(a)ci.sorinl!field.or.usifyou have any questions regardiog this process. Prepared By:- ~/(~ ~l{imbird A Plap'ner II Encl: Attachment A - Tentative Partition Plan Date Received' Planner: AL / /z~)</d I 17 ATTACHMENT 4 -17 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 Charges: - 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 plumbiog fixture units (Springfield Code Chapter II, Article II). Some exceptions apply to Springfield Urban Growth areas. Systems Development Charges (SDCs) will apply to the construction of buildiogs and site improvements withio the subject site. The Charges will be based upon the rates io effect at the time of permit issuance for buildiogs 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. Willamalane Park and Recreatiou District advises that the SDC for park and recreation improvements is presently $2,513 for each new siogle-family dwelling. SanitarY Sewer In-Lieu-Of-Assessment: Pay a Sanitary Sewer In-Lieu-Of-Assessment charge io addition to the regular connection fees if the property or portions of the property being developed have not previously been assessed -or otherwise participated io the cost of a public sanitary sewer. Contact the Engineering Division to determine if In-Lieu-Of-Assessment charge is applicable. [Ord. 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: . Buildiog Permits - In addition to standard requirements, the developer shall abide by the solar setback requirements of SDC 3.2-225 when submittiog for buildiog 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 adjustiog a manhole. The current rate is $135 for processiog plus applicable fees and deposits. . Land & Drainage Alteration Permit (LDAP) - An LDAP will be required for uew home construction. Contact the Springfield Public Works Department at 726-5849 for al'l"Ul',:ate application requirements. Additional oermits/aoorovals that mav be necessarY: . Plumbiog Permit to iostall stormwater draio pipes and connect the future house to a drywell 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: /~ft~;jtJoJ' Planner: .AL 18 ATTACHMENT 4 - 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 road,aY)"ithout interfering with natural waterways, Wh~never a road crosses a natural Date Received: 1:!2/ljiJt?t7tf' 1 Date Racei\ied:~/.,7t74 Planner: AL ATTACHMENT 5 - 1 Planner: AL ~ 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 stormwater from 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 County reQuests the followinQ conditions of approval as part of the tentative oartition aooroval: County facility permits are required to review any new driveway approaches, 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/RiahtOfWavfor information about facility permits and associated fees. Shashi Bajrachaxya, P.E. Sr. Engineering Associate Transportation Planning, Engineering Div. 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