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HomeMy WebLinkAboutApplication APPLICANT 3/8/2004 City of Springfield Development SelVices Department 225 Fifth Street Springfield, OR 97477 Phone: (541) 726-3759 Fax: (541) 726-3689 It , SPRINGFIELD . . '. .."... ." . ... -... Discretionary Use Application Type III ApplicantName <,,~,..5c. Pt-"""-"~I....\t.. WN<;'0(i~Uzhone: 54' "H..C, - .9,~c:. ~ Address \0"1\ \-\A.lZ...U.>l,<....) fZ-t::>o ~PQ.I....J.lne::'e..Lt::>,Oii:. Q,4,i"l Property Owner Name "^'-Ill E..."", No. t. I i-Jc.... I I Ge- L'''P..jN IN c.. " Address yo ~O"f. ~,p, <:: (Z.\~.c;" ~~l 0 lZ.... ~ i 4 "Z. b Phone: $4 \ 8t; ~ 51 e, ~ t)o 4 "". 4';)c:>~"\""",, 0,," ^^"""'I'-..\ 'S reel" i Sr} ~ S\~C.\ . IA",oz.-o"? . Tax Lot No. "'3()~ Property Address Assessor's Map No. Size of Property 8.. S- AC.4Z.i:.. f't:>EnVJ...(oF 310 ~Hftre Feet 61 Acres Existing Use ofproperty f't~r-lt:vI...,.)E.\~ ~ u A tZ../G '( Specific Description of Proposal 1::.1=- ~f...AIIJI. A FoIZ.M~\'L ~tJAcz.(t."'1 ~\ ,\'~ A ~I~ ~lt.. 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CJ:sl:m Co 1 & -D"2.-D~ -J' Received By Tax Lot No. ~ ~o3 Date Accepted as Complete "';"'LC i~eceived: Planner: ygJD~ ' . . NOTICE OF LIMITED LAND USE DECISION - HILLSIDE DEVELOPMENT DISTRICT Journal Number: Associated Files: DRC2003-00066 Subdivision Tentative (IV) SUB 2003-00062 (phase IV) Tree Felling Application DRC2003-00065 Master Plan Approval#1995-02-0039 Date of Letter: Consultinl! Enl!ineers: February 27,2004. The Favreau Group 2063 Musket Street Eugene, OR 97408 Applicant/Owner's Representative: . Owners: . Mr. Mike Evans LeeLynn Inc. & Wiley Mt., Inc. Land Planning Consultants Attn: Norman & Melvin McDougal 1071 Harlow Road P.O. Box 518 Springfield OR 97477 Creswell, OR 97426 REQUEST: The applicant is requesting approval to subdivide 130 lots on 75 acres as Phase 4 of the MouritainGate Master Plan development. Portions of the site are located above the 670 foot elevation mark and include slopes exceeding 15%, triggering the provisions of the Hillside Development Overlay District in addition to the Master Plan requirements. DECISION The applicatiQn is approved with conditions contained herein and incorporated into the Phase IV Land Use Conditions of Approval (Attachment A, SUB2003-00062). This is a limited land use decision made according to city codes and state statutes. Unless. appealed, the decision is [mal. Please read this document carefully. BACKGROUND/SITE INFORMATION: The applicant has submitted concurrent Subdivision, Tree Felling and Hillside Development applications to develop Phase 4 ofthe MountainGate site. The 330 acre site has Master Plan Approval to proceed with applications to develop the land for single family residential detached, clus\er development and park and open space uses. The applicant must apply both the appropriate land use application process and the Master Plan as amended by the Hearings Official's Decision.! The Springfield Development Code provisions in effect at the time of Master Plan 1 The Master Plan comprises the complete set of documents and attachments contained in the Hearings Official's decision on the MountainGate Master Plan as approved on May 13, 1998. Hereafter, this complete set of documents will simply be referred to as the Master Plan. 1 ... ..3 - g -o! . ..;., i\aCElIved.- . de ~- . 6k. /J~ Planner~.., ~ J Dr/tp f~ . . approval apply to the review of the land use applications unless superceded by federal or state mandates. . . The property involved in this application is a 75 acre portion of the site located south and west of the tentatively approved Phases I and 2, continuing development inside the lower west ridge line, across the main saddle of the site and up the westerly slope of the central butte known locally as Potato Hill. Tbe west ridge and main butte are timbered, the main saddle is open and includes meadows and wetlands associated with the southerly draining natural swales. The applicant proposes to extend MountainGate Drive through the main saddle approximately one mile from Phases I and 2 to the intersection with 57th Place. Access and connections to future park and cluster development sites is provided along MountainGate Drive; the street construction and lot grading proposed involves significant cuts and fills inside the westerly ridgeline. Wetlands located on the west side of Mountaingate Drive and adjacent to the quarry site are protected and incorporated in site design in accordance with the approved Master Plan and state and federal permits. WRITTEN COMMENTS Limited Land Use Decisions require the notification of property owners/occupants within 100 feet of the proposed development, allowing for a 14-day comment period prior to the staff decision. No comments were received. MATERIALS REVIEWED It is the applicant's responsibility to prove their proposal complies with the Master Plan and Decision of Approval, Springfield Development Code in effect at the time of Master Plan approval and other applicable regulations. On December 12, 2003 the applicant submitted a package of information containing the following elements and components: ' . Executed City of Springfield application form with attachments (legal description, title report) . Project narrative including explanation and general site data, applicant response to Hillside Development Standards, Tree Felling, Subdivision and Master Plan approval criteria. . Application fees in accordance with adopted City fee schedule.' CRITERIA FOR APPROVAL Master Plan Approval witb Conditions In accordance with SDC 37.070, the Master Plan shall be the basis for the evaluation of all phases of development" on any issues which it addresses. Approval of development phases shall be granted subject to the terms and conditions of the Master Plan, but subject to the applicable Development Code provisions and City ordinances on issues which the Master Plan does not address. . . Tbe Springfield Hearing Official's May 13, 1998 Master Plan Decision (including Findings, . Conclusion and Conditions of Approval) Planning Journal #1995-02-0039, as attached to the property's deed (LC Filing # 99035359) is incorporated here by reference and is implemented where specific in the body of this decision. 2. . . The Springfield Hearing Official's May 15, 1998 Decision(s) on associated Master Plan Variances (including Findings, Conclusion and Conditions of Approval), Planning Journal No(s). 1997-05- 0123-0127, are incorporated here by reference and applied where specific in the body of this decision. Hillside Development Overlay District Article 38 implements policies of the Metro Plan which call for the retention of natural vegetation, natural water features and drainage ways, scenic quality and open space to the maximum extent possible in hillside developments. The HD Overlay District shall apply to' all areas of the City and its urbanizable area above 670 feet elevation or where the slope of the land is 15 percent or greater in the residential area. Land division within the HD Overlay District shall be reviewed under Type II procedure, in conjunction with Article 35- Subdivision Standards. The regulations ofHiJlside Overlay District shall supplement the regulations of the underlying district. Where the regulations and permitted uses of an underlying district conflict with those of an Overlay District, the more restrictive standards shall apply. Where the Master Plan is specific, the Master Plan shall apply. The following standards of the Hillside Development Overlay District shall apply to all residential areas of the city exceeding 15% slope or 670 feet elevation: Section 26.050 DEVELOPMENT DENSITY OPTIONS gives the developer two options for the development of steeply sloped land: (I) OPTION "A" - AVERAGE SLOPE - MINIMUM LOT SIZE. The site development requirements of the LDR District shall apply, with the exception of the minimum lot size and duplex standards. Detemlination of minimum lot size where the slope is 15 percent or greater is a 3 step process: . (a) Determine the area of the parcel where the slope of the land is > 15%, 15-35%, or greater than 35%. (Indicate the portions of the development area that are less than 15 percent; from 15 percent to 35 percent; and greater than 35 percent then use a planimeter to deteIDline the land area of each category.) (b) Determine the average slope of the portion of the development area where the slope ofland is from 15 percent to 35. (c) DeteIDline the minimum lot size for the portion of the development area where the slope of the land is greater than 15% by using the following Table:' 3 . Average Slope Minimum Frontage per Lot. less than 15% (but timbered) 60 ft. 15% - 25% 25% - 35% over 35% 90 ft. 150 ft. 200 ft. Applicant Submittal: . Minimum Lot Size per Dwelling Unit 10,000 sq. ft. 10,000 sq. ft. 20,000 sq. ft. 40,000 sq. ft. r I)A computerized slope analysis was conducted for the entire 330 acre MountainGate property. The amount ofland within the code specified ranges are as follows: 0-15% ]5-25% 25-35% 35+% 3,638,626 sq.ft. 4,078,558 sq. ft. 2,449,798 sq. ft. 4,221,780 sq.ft. 83.5 ac 93.6 ac 56.2 ac 96.9 ac 25.3% 28.3% 17.0% 29.3% 2) There are ]49.8 acres ofland where the slope is ]5 to 25 percent. Assuming the average slope in the] 5 to 25% range is 20% and the average slope in the 25% - 35% range is 30%, then the weighted average slope in the ]5% to 35% range is 23.75%. 3) Using Tab]e 26-], since the average slope is 23.75 percent the minimum lot size for the portion ofthe MountainGate development with slopes greater than ]5 percent is 10,000 square feet and the minimum lot frontage is 90 feet. Staff Findings: I. The property involved in this application is zoned and designated Low Density Residential (LDR). 2. The property having Master Plan approval is comprised of slopes and elevations that trigger the provisions of SDC Article 26 - Hillside Development for lot'size, access and dimension. 3. The applicant submittal for calculation of average slope of the Master Plan site complies with SDC 26.050. Conclusion: Staff concurs that the minimum lot size and street frontage dimensions of the development area where the slope ofland is greater than 15% are 10,000 square feet and 90 feet of frontage. Section 26.060 STREET GRADE STANDARDS states: (I) Streets shall be contoured in hillside areas to minimize environmental and scenic disruption. 4 . . Applicant Submittal: As shown on the plans submitted for Phase IV of MountainGate, street locations deviate from the original Masterplan street alignment.. This relocation of streets was necessary in order to better follow contours and to meet street grades preferred under criterion 2 below. (2) Street grades may exceed the 12 percent local street standard specified in Section 32.020, Street Standards - Public only where topographical conditions make it impracticalto meet the 12 percent standard, subject to the following conditions: (a) Except for lots created prior to the adoption of the Comprehensive Zoning Code, 1982, no driveways or intersections shall be permitted where street grades exceed 12 percent. (b) No street with a grade of IS percent or greater shall be permitted for a distance of more than 200 feet. ( c) In no case shall a street grade exceed 18 percent for any distance. Applicant Submittal: Grading the site as shown on the grading plans submitted allows all public streets to maintain a maximum 12 percent grade. Staff Findings: I. The Master Plan's local street design is conceptual, premised upon connectivity and resource protection. The proposed street plan provides access, acceptable street grades and connectivity and minimizes impacts to wetlands, parkland and densely timbered ridge lines. 2. The proposed street plan entails large scale grading of the Phase 4 area to achieve optimum street grades, eliminate the need for back lot sewer lines and provide stormwater laterals from each lot into the right-of-way stormwater trunk line located in street right-of-ways. 3. Staff concurs, the applicant's plans contain sufficient information to determine conceptual compliance with the 12% maximum street grade standard contained in Section 26.060. . 4. The Phase 4 area is contained in the "bowl" area between the west ridge line and the butte. The proposed street design achieves 1.75 units to the acre and provides conservation easements to minimize visual impacts to the residents and hill top park users. Conclusion: The street grade standards (SDC 26.060) require a balance between maintaining a 12% street grade where practical and contouring of the street grades. to minimize environmental and scenic disruption. The grading plans submitted show cutting and filling as necessary to achieve a 12% street grade. The streets are located in areas which minimize the impacts upon existing trees and identified wetlands. Little of grading effect will be visible from off-site locations. The plans submitted conform to the standards of SCD 26.060. Section 26.070 REPORTS REQUIRED states: 5 . . Where one acre or more of the land to be developed exceeds 15 percent average slope, the following reports shall be required and their conclusions applied in order to prevent or . mitigate possible hazards to life and property and adverse impacts on the natural environment. (1) Soils and Geology Report. This report shall include data regarding the geology of the site, the nature, distribution, and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures, and options and recommendations to maintain soil stability and minimize erosion of the site to be developed in a manner imposing the minimum variance from the natural conditions. The investigation and report shall be prepared by a civil engineer/geologist. Applicant Submittal: A geotechnical report has been prepared by Boire and Associates addressing soil and geological conditions for the overall MountainGate property. A more detailed report addressing construction constraints and requirements is to be submitted with public improvement plans after preliminary subdivision plans have been approved by the City. Staff Findings: I. The geo-tech report submitted addresses ge'ology of the site and general conditions concerning the nature, distribution and strength of soils. This preliminary report does not address specific design criteria for the specific design and construction of streets and improvements. Conclusion: The applicant's geo-tech report addresses the above requirement and generally complies for the purposes of teniative subdivision approval. Final plans and reports must continue to address the requirement. The following requirement is applied through the concurrent Tentative Subdivision Approval (SUB2003-00062) under. Condition Number 3. A geo~tech report shall be included with the submittal of public improvement plans that contains conclusions and recommendations for grading procedures, design criteria for corrective measures, and options and recommendations to maintain soil stability and minimize erosion of the site. (2) Grading Plan Report. This plan shall include the following information: (a) Existing and proposed details and contonrs (five-foot intervals) of property; Applicant Submittal: Property details and contours showing existing conditions (at two foot intervals) and proposed conditions (at one foot intervals) are shown on the attached grading plan. Staff Response: The above standard is generally met by the applicant upon submittal of grading plans and designs. All grading work will be constructed in accordance with the final reports and designs approved by the City Engineer during PIP and Final Plat review. 6 . . Staff Findings: 1. Tentative subdivision approval is not final acceptance of grading plans or preliminary . reports. Plat and PIP approval will require refinement of the preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. . Conclusion: The plans submitted show existing and proposed contours and development details necessary to evaluate the grading proposed. As conditioned herein and incorporated under Attachment A, Phase 4 Land Use Conditions of Approval, grading plans shall be revised to reflect fmal designs and reports demonstrating substantial conformity with the tentative plans as conditioned for full compliance. (b l Details ofterrain and area drainage; . , Applicant Submittal: Terrain and area drainage details are shown on the attached grading plan. A stormwater plan has also been submitted for the proposed subdivision to show the drainage system proposed for the development. Staff Findings: 1. Applicant has provided a map of existing conditions showing terrain and area drainage details and a grading plan that shows existing and proposed terrain and area drainage condiiions. 2. A drainage plan and study have been submitted that address area drainage as it relates to the stormwater conveyance system. The final drainage plan required by the subdivision tentative plan approval must be approved by the City prior to issuance of a permit for construction of public improvements. Staff Response: The above standard is generally met by the applicant upon submittal of grading and storm water plans, reports and designs. All drainage work will be constructed in accordance with the fmal reports and designs approved by the City Engineer during PIP and Final Plat review. Staff Finding: 1. Tentative subdivision approval is not final acceptance of grading plans or preliminary reports. Plat and PIP approval will require refmement ofthe preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. . Conclusion: The details of terrain and area drainage provided are adequate to allow city staff review of drainage needs, impacts and requirements. As conditioned herein and incorporated under Attachment A, Phase 4 Land Use Conditions of Approval, drainage plans shall be revised to reflect fmal designs and reports demonstrating substantial conformity with the tentative plans as conditioned for full compliance. (cl Location of any existing buildings or stmctures on the property where the work is to be performed, the location of any existing buildings or stmctures on land of adjacent owners which are within 100 feet ofthe property or which may be affected by the proposed grading 7 . . operations, and proposed or approximate locations of structnres relative to adjacent topography; Applicant Submittal: Although there are no buildings or structures on the property or which would be affected by the grading proposed, nearby structures are shown on the attached grading plan. Staff Findings: I. The grading plan shows that dwellings exist across Weyerhaeuser Road which parallels MountainGate Drive for about 2300 feet southeast from its connection with 57th Place. MountainGate Drive is elevated 20 to 40 feet above the ground elevation within this residential area. 2. Weyerhaeuser Road, vegetation along each side of the road and a drainage ditch between this road and MountainGate Drive provide a buffering between these dwellings and activities necessary to construct MountainGate Drive. 3. Erosion control measures are required as part of the public improvement permit to minimize impacts upon adjacent properties. 4. The geo-technical engineer is required at Condition 3 of the concurrent tentative . Subdivision approval (SUB2003-00062) to review and approve geo-technical aspects of the approved work.. Conclusion: The applicant's plans show existing structures located within 100 feet of areas that will be graded during street construction within Phase IV. Based upon existing physical coriditions, there appear to be no impacts to nearby structures beyorid those typically associated with normal construction activity. Final reports from the project geo-tech will address site stability and are subject to review and approval by the City Engineer. (d) The direction of drainage flow and the approximate grade of all streets with the fmal determination to be made in accordance with Section 26.070(4) of this Article; Applicant Submittal: The proposed drainage system and flow directions are shown on the attached grading plan. All street grades are 12 percent or less. Contours are shown along the proposed street alignment to verify grades at any point. Staff Finding: I. As conditioned herein and incorporated under Attachment A, Phase 4 Tentative Subdivision (SUB2003-00062) Land Use Conditions of Approval, street and storm water plans shall be revised to reflect fmal designs and reports demonstrating substantial conformity with the tentative plans as conditioned. Conclusion: The above standard is generally met by the applicant because the grading plan submitted shows the direction of drainage flow and street grades within a maximum slope of 12 percent. All street designs will be constructed in accordance with the fmal reports and designs approved by the City Engineer during PIP and Final Plat review. 8 . . r (e) Limiting dimensions, elevations, or fmished contours to he achieved by the grading, including all cut and fill slopes, proposed drainage channels, and related construction; Applicant Submittal: The applicable details listed above are included in the attached grading plan. Staff Response: The above standard is geuerally met by the applicant's preliminary grading plans, reports and designs. All grading work will be constructed in accordance with the final reports and designs approved by the City Engineer during PIP and Final Plat review. Staff Finding: I. Tentative subdivision approval is not final acceptance of grading plans or preliminary reports. Plat and PIP approval will require refinement of the preliminary reports and designs in substantial couformity with the tentative plaus as conditioned herein during PIP and Plat review. Conclusion: The grading plan submitted shows finish elevation, contours, cut and fill slopes, drainage features, and other details that would result from proposed construction of subdivision improvements. As proposed, the plans are adequate for tentative subdivision approval. As conditioned herein and incorporated under Attachment A, of the concurrent Tentative Subdivision Phase 4 Land Use Conditions of Approval, grading and drainage plans shall reflect fmal designs and reports demonstrating substantial conformity with the tentative plans as conditioned. (f) Detailed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs, and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing drainage areas, the complete drainage network, including outfall lines and natural drainage ways which may be affected by the proposed development, and the estimated run-off of the area served by the drains; Applicant Submittal: The complete. storm drainage design for development of Phase IV is included in the attached grading plan and the storm water drainage plan submitted with this application. Staff Response: The above standard is generally met by the applicant's preliminary storm water plans, reports and designs. All systems will be constructed in accordance with the fmal reports and designs approved by the City Engineer during PIP and Final Plat review. Staff Findings: I. The updated stormwater Masterplan submitted, the storm water drainage plan submitted and supporting documentation, address these elements of the overall drainage system proposed. 2. A fmal stormwater drainage plan for Phase IV must be approved by the City prior to issuance of a permit for construction of public improvements. This fmal plan is 9 . . a condition of the tentative subdivision approval and must be approved by the city prior to issuance of permits for public improvements. 3. Tentative subdivision approval is not fmal acceptance of preliminary storm water designs and reports. Plat and PIP approval will require refmement ofthe preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. Conclusion: The preliminary storm water plans, reports and designs include proposed structures. As proposed, the plans are adequate for tentative subdivision approval. As conditioned herein and incorporated under Attachment A, of the concurrent Tentative Subdivision Phase 4 Land Use Conditions of Approval, grading and drainage plans shall be revised to reflect final designs and reports demonstrating substantial conformity with the tentative plans as conditioned. (g) A schedule showing when each stage ofthe project will be completed, including the total area of soil surface which is to be disturbed during each stage, and estimated starting and completion dates; the schedule shall be drawn up to limit to the shortest possible period the time that soil is exposed and unprotected. In no event shall the existing "natural" vegetative ground cover be destroyed, removed, or disturbed more than 15 days prior to grading or construction of required improvements. Within 15 days of grading or other pre-development activity that removes or significantly disturbs ground cover vegetation, exposed soil shall either be built upon (i.e., covered with gravel, a slab foundation or other construction), landscaped (i.e., seeded or planted with ground cover) or otherwise protected; and Aoolicant Submittal: Phase IV includes several sub phases which will be platted over a 2 to 3 year timeframe. The initial portion to be platted lies in the northwest portion of Phase IV and includes lots I through 49. Construction is proposed to begin on or before July I, 2004. Grading planned to begin at this time will include the cutting and filling shown on the grading plan submitted and will extend throughout other portions of Phase IV. Final grading, installation of utilities and fmal street construction will occur only within Phase'IVa. An estimated 175,000 cubic yards of material will be excavated, hauled and compacted in place at locations shown on the plan. All excavation and fill involved in Phase IVa will be completed by October 15,2004. It is intended that the remaining earthwork be completed during the same period. To the extent that this is not possible, unfinished work will be extended to subsequent construction seasons. By October IS, 2004 any exposed soil surfaces, completed or not, will be rocked or hydro-seeded and downhill areas will be protected by bio-mulching or silt fencing. Staff Findings: I. Springfield Code does not allow any significant disturbance of soil without city approval for either a permit for public improvements (pIP) or for land alteration and development (LDAP). 2. Erosion control plans are required as a component of the PIP and LDAP 10 . .' permit Conclusion: A public improvement permit (pIP) or LDAP is required prior to commencement of any activity that would result in any significant vegetation removal or soil disturbance, Exposed soil will be addressed with erosion control measures in place prior to the annual rainy season beginning October 15, Condition # I. Erosion control measures required to minimize erosion and stabilize disturbed areas must be implemented by October IS'" of any year that construction activities occur, Measures may include temporary means such as grass seed, straw bales and bioberms; the establishment of vegetation or other techniques for permanent stabilization, or a combination thereof The means and timing for soil stabilization methods shall be specified as a note on the public improvement plans and required LDAPs, (h) The Grading Plan shall be prepared by a civil engineer, . Applicant Submittal: This plan, the attached grading plan and the stonnwater drainage plan have been prepared by Anthony l Favreau, civil engineer, licensed in Oregon, Conclusion: The grading plan has been prepared by civil engineer. (3) Vegetation and Re-vegetation Report This report shall be in accordance with Section 38.030(2) of this Code if tree felling is proposed. Applicant Submittal: A vegetation/re-vegetation plan has been prepared by Doug Wolf, professional forester, This report is included in the tree felling permit (Article 38) application submitted concurrently with this application, Staff Findings: I, The proposal has been conditioned herein to preserve and protect private tree preservation conservation zones on required hillside development plans and corresponding deed restrictions, '2, The proposal has been conditioned to identify and protect trees and clusters of trees to be preserved and substituted for public street trees in accordance with the forester's report under the concurrent tree felling decision,' 3, The proposal has been conditioned to provide re-vegetation and additional plantings as proposed by the forester under concurrent tree felling decision, Conclusion: The required vegetation and re-v:egetation report has been submitted and is included in the applicant's tree felling application (Journal No, DRC 2003-0065), This standard is met because the report, as conditioned herein and incorporated in Attachment A, Phase 4 Land Use Conditions, meets the applicable standards of the Master Plan and concurrent subdivision, tree felling, and hillside development articles, (4) Verification of Slope and Grade Percentages. Prior to acceptance ofthe Final Plat, all streets shall be cross-sectioned and their center-lines 11 . . staked in the field, to determine the accuracy of preliminary slope and grade percentages. If there are significant differences between preliminary and final grade and slope determinations, i.e., density or street gradients exceed the limits set fortb in this Article, the Tentative Plan shall be modified to reflect the revised information and resubmitted. Applicant Submittal: Verification of street grades shown on the tentative subdivision plan submittal will be conducted during the public improvement plan review process, prior to final plat approval. Staff Finding: I. The project engineer, Tony Favreau, submitted a letter dated February II, 2004 verifying the cross sections had been field checked and verified to confirm that street locations and grades as shown on the plans submitted could be constructed in substantial conformity with tentative plans. ConClusion: Verification of street grades has been performed by the project engineer to his satisfaction that there are no significant differences between preliminary and final grade and slope determinations. Therefore, the street design can be tentatively approved with the knowledge that substantial changes to density or street gradients during construction review will require . modification of the tentative subdivision approval. 5) Development Plan Report A proposed development plan shall be snbmitted, depicting building envelopes for each lot including driveway approaches and all other associated impervious surface areas. The plan shall be based upon the fmdings ofthe required reports in this Section and the lot coverage standards of Section 16.040. Building envelopes shall be specified in Covenants, Conditions, and Restrictions recorded with the subdivision plat. ~ Applicant Submittal: A preliminary development plan is attached which addresses the standards discussed above. The plan may be refmed during the subdivision approval process to address issues as they develop, including restricted driveway access areas and adjustment of building setbacks for the retention of vegetation. Restrictions or other control mechanisms to defme building envelopes will be included in the final CCR document to be recorded with the fmal subdivision plat. Staff Findings: I. A development plan was submitted by the applicant that shows areas where driveway access may be restricted, conservation areas proposed for tree preservation and areas that contain future potential street trees that might be retained. The plan incorporates fmdings and recommendations contained in the concurrent tree felling application (DRC2003-00065). 2. A general geo-tech report has been submitted but it does not address whether any locates are subject to building limitations due to geological conditions. 12 . . 3. . A more detailed geotechnical report that details any specific locations where building cannot occur combined with conservation easements for tree. preservation and utility easements will result in building envelopes for the lots within Phase IV. . Conclusion: The development plan submitted addresses relevant issues adequately for review prior to submittal of final construction plans and associated reports. A fmal development plan must be submitted that incorporates building location restrictions as they are determined through the final design process. Condition #2.' Prior to final Plat approval an overall map called the development plan map shall be submitted that shows the following: a. Areas restricted from building due to hazardous geologic conditions. b. Areas restricted from building by conservation zones established for tree preservation. c. The location of individual or clusters of trees determined by the project forester and city staff as suitable for street trees. d. Areas restricted for driveway access. e. Areas containing public and private utility easements where buildings may not be located. f Any other feature or condition that restricts the location of buildings on individual lots and results in buildable areas or "building envelopes" g. Notes on the map or other documentation shall state that; "all lots are subject to a maximum 35 percent impervious surface area; and, Class A or B roofing is required for buildings located on lots that are subject to wildfrre as determined by the City Fire Marshall." Condition #3. Prior to final Plat approval the applicant shall record deed restrictions that establish restricted or prohibited building areas and explain the purpose for the restriction and uses otherwise allowed within the non- buildable areas. The restrictions shall be reviewed and approved by the city prior to recording. 26.090 FIRE PROTECTION STANDARDS Additional frre protection requirements may be required in hillside development areas. which are considered vegetated areas subject to wildfires as determined by the Fire Marshal. (I) All buildings with a gross area in excess of 1,500 square feet shall be constructed within 50 feet of an approved frre lane or public street. Fire apparatus access shall be provided to within 50 feet of the building (This may mean modifYing the driveway designs for width, grade and construction material in order to meet fire lane requirements). Installation of a residential fire sprinkler system will be considered as an alternative to the requirement to be within 50 feet of a frre lane or street. 13 ~ . ,. Applicant Submittal: The Phase IV subdivision is designed such that each dwelling will be located within 50 feet of the public street or a 20 foot wide fire lane. (2) The developer shall specify in the recorded Covenants, Conditions and Restrictions that a wildfire defense plan for each lot, approved by the Fire Marshal, will be required prior to the issuance of a building permit. .' Applicant Submittal: Due to the forested setting ofthis subdivision, certain fire protection measures should be observed. Measures required by Lane County for dwellings located within forest zones and Oregon State Dept. of Forestry guidelines specify primary and secondary fuel breaks which help to protect dwellings within a forested environment. Lane County's standards are as follows: "Primary Safety Zone". The primary safety zone is a firebreak extending a minimum of30 feet in all directions around the dwelling. The goal within the primary safety zone is to exclude fuels that will produce flame lengths in excess of one foot. Vegetation within the primary safety zone could include green lawns and low shrubs. Trees shall be spaced with greater than 15 feet between the crowns and pruned to remove dead and low branches. As the slope increases, the primary safety zone shall increase away from the house as indicated in the following chart, % Slope o 10 20 25 Primary Safety Zone 30 30 30 30 Down Slope Safety Zone 30 50 75 100 "Secondary Fuel Break", The secondary fuel break extends a minimum of 100 feet in all directions around the primary safety zone. The goal of the secondary fuel break is to reduce fuels so that the overall intensity of any wildfire would be lessened and the likelihood of crown fires and crowning is reduced. Vegetation within the secondary fuel break shall be pruned and spaced so that fire will not spread between crowns of trees. Small trees and brush growing underneath larger trees shall be removed to prevent spread of fire up into the crowns of the larger trees, Dead fuels shall be removed. Fuel breaks applicable to City sized l.ots may deviate from those applied on larger rural parcels due to many factors including: The area available to install fuel breaks (size of lot); Urban policies promoting the retention of vegetation: Availability of access by fire fighting equipment; Proximity and efficiency of the city fire equipment and personal; Water availability; and' . Natural fuel breaks on adjacent lands resulting from surrounding development. An appropriate modification for this urban' setting would be to utilize the 30-foot primary fuel break standard with no down slope extension and to apply the secondary fuel break standard down slope from the dwelling except where the slope extends beyond the boundaries of the 14 . . MountainGate property. It is proposed that these standards be placed in the.conditions, covenants and restrictions document as "recommendations" for fire protection. Staff Findings: I. The applicant has submitted a proposal for fire protection measures for the development that are to be recorded as a deed restriction. 2. The city fire department has reviewed the plan and agrees with the concept subject to minor modifications. Conclusion: The fire protection plan proposed by the applicant is adequate for the development subject to approval by the city fire department ofthe fmal version. Condition #4. Prior to fmal plat approval a fire protection plan approved by the City Fire Department shall be recorded as part of the deed restrictions established for the development. (3) All buildings located in or adjacent to vegetated areas subject to wildfrres shall . have a Class A or B roofmg in accordance with the Oregon State Structural Specialty Code. Applicant Submittal: If this requirement is not enforced by the building department it will be included in the CCR' s document recorded for the development. Staff Findings: I. The MountainGate Master Plan site contains timber stands and native vegetation located in and adjacent to residential development. 2. Properties surrounding the MountainGate site contain significant stands of . timber and native vegetation. 3. The Fire Marshall detemiines which areas of the City are subject to wildfire. Conclusion: . The above standard is implemented after initial construction and during residential permitting procedures. The following condition is applied to guarantee compliance with the standard prior to Plat approval or the issuance of any building permit: Condition #5: Any lot deemed by the City Fire Marshall to be located within a vegetated area subject to wildfrre shall have restrictions requiring buildings to have a Class A or B roof mg. The restriction shall be recorded in a CCR document and shall be specified on the Hillside Development Plan. DECISION AND CONDITIONS OF APPROVAL: This Hillside Development Application is approved with conditions. The above conditions are incorporated into the Phase IV Subdivision (SUB2003-00062) Tentative Approval Attachment A, Land Use Conditions of Approval, and shall he implemented therein. 15 . . ADDITIONAL INFORMATION The application and documents relied upon by the applicant, and tlie applicable criteria of approval are available for a free inspection at the Development Services Department, 225 Fifth Street, Springfield, Oregon. Copies of/he documents will be made for $0.75 for the first page and $.50 for each additional page. ' APPEAL If you wish to appeal the decision of approval, you must do so by the close of business on March 12, 2004. Your appeal must be submitted in accordance with the Springfield Development Code, Article 15, APPEALS and must be specific enough to allow a response to the errors alleged. If you have any questions regarding these matters, pleas~ call 726-3783. PREPARED BY Jim Donovan Planner II Phone: 54 I -726-3660 16 . . NOTICE OF LIMITED LAND' USE DECISION - TREE FELLING Journal Number: Associated Files: DRC2003-00065 Master Plan #1995-02-00039 Subdivision (Phase 4) SUB2003-00062 Hillside Development DRC 2003-00066 Date of Letter: Consultina Enaineers: , February 6, 2004 Applicant/Owner's Representative: Owners: Mr. Mike Evans Norman & Melvin McDougal land Planning Consultants . Dba: leelynn, Inc. 1071 Harlow Road P.O. Box 518 Springfield OR 97477 Creswell, OR 97426 - REQUEST Issuance of a Tree Felling Permit and approval of a Tree Preservation Plan for residential development on 75 acres of the Mountaingate development site (Phase 4). DECISION This Tree Felling Penmit and the proposed Tree Preservation Plan have been approved with conditions. The decision is valid for 24 months from the date of this letter. BACKGROUND/SITE INFORMATION The applicant has submitted concurrent Subdivision, Tree Felling and Hillside Development applications to develop the fourth phase of the MountainGate site. The 330 acre development site has Master Plan Approval to proceed with applications to . develop the land for single family residential detached, cluster development and park and open space uses. The applicant must apply both the appropriate land use application process and the Master Plan as amended by the Hearings Official's Decision.1 The Mountaingate site is bounded on the east by 6rh Street, on the west by 57'h Street, on the south by Weyerhaeuser Road, andon the north by OR 126/Main Street. The 75 acres 1 The Master Plan comprises the complete set of documents and attachments contained in the Hearings Official's decision on the MountainGate Master Plan as approved on May 13, 1998. Hearafter, this complete set of documents will simply be referred to as the Master Plan. 1 . 3-& -Df . Date Received: . Planner: ~--' . I 0+ 10t~ '. J . . involved in this application includes the forested ridgeline above 58'h Place on the west side of the site. Portions of the site are located above the 670 foot elevation mark and include slopes exceeding 15%, also triggering the provisions of the Hillside Development Overlay District in addition to the Master Plan requirements. This Phase 4 tree felling application add resses the removal of trees necessary for the development of 130 residential lots, public streets and associated public facilities, reserving timbered portions of the site planned for park lands. Written Comments Limited Land Use Decisions require the notification of property owners/occupants within 100 feet of the proposed development, allowing for a 14-day comment period prior to the staff decision. No comments were received. MATERIALS REVIEWED It is the applicant's responsibility to prove their proposal complies with the Master Plan and the standards contained in Article 38 of the Springfield Development Code.. Between April 2001 and January 2002 the applicant submitted a package of information containing the following elements and components: . 18 sets of Tree Preservation Plan sheets, one reduced copy. . Executed City of Springfield application form with attachments (legal description, title report ) . Project narrative including explanation and general site data, applicant response to Master Plan conditions of approval and. . Wetland Fill and Mitigation Permits (ODSL # and USACOE #) Thompson Consulting . Concurrent City of Springfield Tentative Subdivision SUB2003-00062 and Hillside Development Application SUB2003-000. . Application fees in accordance with adopted City fee schedule. CRITERIA FOR APPROVAL Master Plan Approval with Conditions In accordance with SDC 37.070, the Master Plan shall be the basis for the evaluation of all phases of development on any issues which it addresses. Approval of development phases shall be granted subject to the terms and conditions of the Master Plan, but subject to the applicable Development Code provisions and City ordinances on issues which the Master Plan does not address. The Springfield Hearing Official's May 13, 1998 Master Plan Decision (including Findings, Conclusion and Conditions of Approval) Planning Journal #1995-02-0039, as attached to the property's deed LC Filing # 99035359) is incorporated here by reference and is implemented where specific in the body of this decision. The Springfield Hearing Official's May 15, 1998 Decision(s) on associated Master Plan Variances (including Findings, Conclusion and Conditions of Approval), Planning 2 . . Journal No(s). 1997-05-0123-0127, are incorporated here by reference and applied where specific in the body of this decision. Tree Felling Standards The Director, in consultation with the Public Works Director and the .Fire Chief shall approve, approve with conditions or deny the request based on the standards contained in Section 38.040 of the Tree Felling Article. APPLICANT SUBMITTALS, STAFF FINDINGS AND CONDITIONS: Background: The applicant submitted a Tree Preservation Plan showing clusters of trees to . be retained and building envelopes to allow tree removal for residential construction. The applicant proposes individual Tree Felling Permits to guide tree removal within the building envelopes. . SDC 38.0040:The Director in consultation with the Public Works Director and Fire Chief shall approve, approve with conditions or deny the request based on the following standards: (1) Whether the conditions of the trees with respect to disease, hazardous or unsafe conditions. danger of falling, proximity to existing structures or proposed construction, or interference with utility services or pedestrian or . vehicular traffic safety; warrants the proposed felling. Applicant Submittal: A local arborist has been retained to be on-site during initial excavation for the streets and utilities. He will determine which trees near or within the right-of-way can be preserved to serve as a street tree or as a lot tree near the right-of-way and abutting P.U.E. The Tree Preservation Plan for Phase 1 identifies those trees at least 8 inches in diameter and within or near the right-of-way to be preserved, if possible. Smaller trees near or within the right-of-way not shown on the Tree Preservation Plan will also be preserved based on the arborist's direction. (Applicant Response to MP Condition of Approval#60) Finding: The submitted Tree Preservation Plan identifies areas where public rights of way, utilities and storm water facilities are proposed. Finding: The concurrent tentative subdivision and Hillside Development Applications have been conditioned to submit additional reports (geology, drainage, grading, re- vegetation, hillside development and fire protection) and utility plan design information (street, sanitary and storm sewer) that will affect the location of proposed construction and determine required building envelopes. Finding: MP Condition of Approval #58 requires an urban forester identify which trees can be protected and retained ai5 street trees. The trees must be shown on final construction drawings for the public improvements. Conclusion: Street and public utility plan designs will be revised based upon 3 . . required reports. As noted by the applicant, the final determination must be made after final street and utility plans are approved. The following condition is applied for full compliance with the above standard and the Master Plan approval: Condition 1: The Final Tree Protection Plan must show approved public street and utility plans and identify trees to be retained orremoved within or adjacent to public rights of way and utility easements. The plan must be prepared and submitted by an urban forester and otherwise demonstrate compliance with approved Subdivision, Hillside Development plans, public improvement plans and Master Plan conditions 53-61. (2) Whether the proposed felling is consistent with State standards. Metro Plan policies and City ordinances and provisions affecting the environmental quality of the area, including but not limited to, the protection of nearby trees and windbreaks; wildlife; erosion, soil retention and stability; volume of surface runoff and water quality of streams; scenic quality; and are geological sites. . Applicant Submittal: A note has been placed on the Tree Preservation Plan included in the MountainGate Master Plan and on the tree preservation plan for Phase 1 stating that removal of more than five trees greater than five inches in diameter may require a tree felling permit from the City. (MP COA #57 Response.) In preparation of the Tree Preservation Plan, retention of groups or stands of trees, as well as many individual trees is proposed. Further, three lots were deleted from the original layout to provide greater tree preservation in Phase 1 along the north edge of the project as requested in Condition 60 of the Master Plan approval. The potential building areas identified are larger than what will actually occur since the development code restriCts lot coverage to 35 percent. Once the streets and public infrastruct(ire have been installed, the arborist will prepare a detailed tree preservation plan for all lots within Phase 1. Included in the detailed plan, the arborist will determine building envelopes to minimize tree removal. With road access constructed and lot corners marked, City staff will be able to conduct site visits during review of the arborist's plan. (MP COA #59 Response.) . Site 35LA657 is not within Phase 1; therefore, this condition is not directly applicable to this tentative subdivision application. However, the master plan was modified in 1996 based on a detailed archeological investigation and report performed in November, 1995. (MP COA #61 Response.) Finding: The Master Plan identifies the timber on the northern ridge line as a significant natural and scenic resource, citing the ESEE analysis, the Natural Resource Special Study and City Council Resolution 84-15. (See MP Finding of Fact #14, pg. 14, Justification for the Decision, 37.040(5)). MP Conditions of Approval 53-61 were applied to protect timber, steep ridge lines and subsurface groundwater and provide guidance during subsequent approvals. 4 . . Finding: The Master Plan identifies state registered archeological resource site #35LA657 and recommended non-disturbance and open space for the preservation of the site. SHPO Permit AP-447 was issued on October 24,2001 for archeological survey, excavation and inventory of resources found at the site after under story was removed and the surface disturbed. The permit authorizes work on the entire Master Plan area for one year. The final report for the work is required as a condition of concurrent subdivision approval. Finding: Wetlands have been delineated on the property involved in Phase 1. The Oregon Division of State Lands' wetland mitigation permit in effect during the Master Plan process has been transferred to the current owner. The joint USACOE permit issued for the wetland site has expired. The Tentative Subdivision Approval has been conditioned to require delineations and applicable permits for the Mountaingate site. Finding: The tentative subdivision and Hillside Development Application have been conditioned to submit additional reports (geology, drainage, grading, re-vegetation, hillside development) and utility plan design information (street, sanitary and storm sewer) that will affect the location of proposed construction. Conclusion: The above standard and impacts of development on the inventoried natural resources were not specifically addressed by the Tree Felling Application. The submitted Tree Preservation Plan is a generalized plan that does not reflect approved Hillside Development reports, building envelopes based on required reports or maximum impervious areas. The following condition is approved for full compliance with the standard and the Master Plan: Condition 2: The Final Tree Preservation Plan shall be revised to reflect the results of required Hillside Development Reports and include Master Plan Conditions 53-61. All natural and historic resources identified during inventory work required by Tentative Subdivision Conditions of Approval and their treatment shall be shown on the plan. No Land and Drainage Alteration Permits or Final Tree Preservation Plan Approval wili be issued until the required reports and permits are submitted and the subdivision public improvement plans are approved. (3) Whether it is necessary to remove trees in order to construct proposed improvements in accordance with an approved development plan. Finding: Decisions of Tentative Subdivision Approval with Conditions and Hillside Development Approval with Conditions are being issued concurrently with this decision. .. Conclusion: This standard is met because tree removal will be in accordance with the findings and conditions of this decision and the concurrent development plan approvals (Subdivision Tentative #2001-04-0087, Hillside Development #2001-04-0088, and Master Plan Approval 1995-02-0039). (4) In the event that no Plot Plan has been approved by the City, felling of trees shall be permitted on a limited basis consistent with the preservation of the site's future development potential as prescribed in the Metro Plan and City 5 . . development regulations, and consistent with the following criteria: Finding: On the basis of subsection (3) above, this criterion does not apply. (5) Whether the applicant's proposed replanting of new trees or vegetation is an adequate substitute for the trees to be felled. Finding: The applicant's Tree Preservation Plans show street trees meeting the standards of SDC Article 32 for public street improvements. Finding: The applicant's wetland and storm water detention and treatment areas are required to provide trees for shading. Finding: The tentative subdivision and Hillside Development Application have been conditioned to submit additional reports (geology, drainage, grading, re-vegetation, hillside development) and utility plan design information (street, sanitary and storm sewer) that will minimize tree felling and preserve natural conditions to the extent practicable. Finding: A Vegetation and Re-Vegetation Plan is required as a condition of the Hillside Development approval and Master Plan Condition of Approval #60. Finding: Master Plan Condition #59 requires trees on lots less than 15,000 square feet to be protected to the extent practicable, adjusting building envelopes accordingly. Conclusion: This standard is met because the Tree Preservation Plan must protect as many trees and natural vegetation as is practicable to meet the conditions of the Hillside Development approval, the Master Plan and the storm water provisions of the subdivision tentative approval. 6) Whether slash left on the property poses significant fire hazard or liability to the City. Finding: Slash and debris not used on site for temporary erosion control will be disposed of off-site. No dry timber will be left on-site which could promote fire hazards. Finding: A Fire Prevention Plan is required as a condition of the Hillside Development decision. The plan be reviewed and approved by the Fire Marshall prior to approval of the Final Tree Preservation Plan and the Vegetation/Re- vegetation Plans. (7) Conclusion: This standard has been met because there will be no slash left on the property. Whether the felling is consistent with the guidelines set forth in the Field Guide to Oregon' Forestry Practices Rule published by the State of Oregon, Department of Forestry, as they apply to the northwest Oregon region. 6 . . Finding: The proposed tree felling within the City of Springfield and therefore the standards of this article and the adopted Master Plan are applied. This standard does not apply. - (8) Whether transportation of equipment to and equipment and trees from the site can be accomplished without a major disturbance to nearby residents. Finding: Trees will be removed from the site using the 58'h Street access, adjacent to the Weyerhaeuser haul road. Finding: 58'h Street is an arterial street suitable for the movement of trees and equipment. Finding: 63'" and Aster Streets are local residential streets. Hauling of trees and equipment is prohibited. Conclusion: Transportation. of equipment and trees from the site can be accomplished without a major disturbance to nearby residents if the work is limited to the 58'h Street access because the impacts are minimal to an arterial street. As conditioned below, this standard is met. . DECISION: The applicant's proposal to supplement a Tree Preservation Plan for the public rights of way and utility areas with individual Tree Felling Permits is approved with the conditions listed below. The final Preservation Plan approved shall be included in the CC&Rs filed -'concurrently with the subdivision plat.' Individual Tree Felling Permits will be required if more than 5 trees measuring 5 inches in diameter at breast height are removed outside the building envelopes established by the Hillside Development decision. CONDITIONS OF APPROVAL Condition 1: The Final Tree Protection Plan must show approved public street and utility plans and identify trees to be retained or removed within or adjacent to public rights of way and utility easements. The plan must be prepared and submitted by an urban forester and otherwise demonstrate compliance with approved Subdivision, Hillside Development plans, public improvement plans and Master Plan conditions 53-61. Condition 2: . The Final Tree Preservation Plan shall be revised to reflect the results of required Hillside Development Reports and include Master Plan Conditions 53-61. All natural and historic resources identified during inventory work required by Tentative Subdivision Conditions of Approval and their treatment shall be shown on the plan. No Land and Drainage Alteration Permits or Final Tree Preservation Plan Approval will be issued until the required reports and permits are submitted and the subdivision public improvement plans are approved. Condition 3: Hauling of trees and equipment shall be limited to the 58'h Street access. ADDITIONAL INFORMATION 7 . . The application and documents relied upon by the applicant, and the applicable criteria of approval are available for a free inspection at the Development Services Department, 225 Fifth Street, Springfield, Oregon. Copies of the documents will be made for $0.75 for the first page and $.50 for each additional page. APPEAL If you wish to appeal the decision of approval, you must do so within 10 days of the date of this letter. Your appeal must be submitted in accordance with the Springfield Development Code, Article 15, APPEALS If you have any questions regarding these matters, please call 726-3783. PREPARED BY Jim Donovan Planner II Phone 541-726-3660 8 . . Attachment A MOUNTAINGATE MASTER PLAN & LAND USE CONDITIONS OF APPROVAL PHASE 4 This document contains Master Plan, Subdivision, Hillside and Tree Felling Conditions of . Approval issued for Phase IV of the MountainGate Development. Water 1. All new water system facilities and modifications to water system facilities both inside and adjacent to the proposed development shall be placed in the street right-of-way at .a location and depth of bury that meets the standards of SUB. Where street right-of-way width is inadequate to accommodate the facilities, then the applicant must provide public utility easements abutting the right-of-way. The water system is proposed to be constructed in 10- foot public utility easements abutting the proposed street right-of-way within Phase IV. Springfield Utility Board has prepared a preliminary layout of the water system to serve MountainGate. An extension ofa 12" stub from 67th Street will need to be constructed to serve Phase IV. This extension will be placed in the future right-of-way of Park Drive and the portion of MountainGate Drive included in Phases I and II of the development. The water pipe will be approximately 3'.- 4' below finished grade. Sanitary Sewer 2. Construction of sanitary and storm sewers must be done in a logical phasing sequence that corresponds to the phasing of development. The sewers shall be planned and sized and extended to the east and south boundaries of the development to serve future development areasin a logical and convenient manner. The updated Master plan is submitted showing the sanitary sewer system and stormwater drainage system for entire MountainGate Subdivision as they have evolved with more updated and accurate information. Phase IVa'(lots 1-49) will use the sanitary sewer system which extends from Main Street uphill through Phases I and II to stub outs designed to serve ihis portion of the 'property. The southern portion of Phase IV (lots 50-130) will utilize the existing sanitary sewer system located in 57th Street. Because of this sewer location development of this portion of Phase IV must occur from south to the north. The sanitary sewer plan submitted shows line extensions to the east to . accommodate future development of that area. There are no other lands adjacent to Phase IV which require extension of the sanitary sewer lines in order to accommodate their development. The storm drain system for Phase IV will direct flows to the south; ultimately to a detention pond at the abandoned quarry as anticipated by the original Masterplan. This detention pond will be sized to accommodate the entire drainage in the southern drainage basin so that existing flows will not be increased offsite. Development of only the northern portion of Phase IV(lots 1-49) will not require that the entire proposed detention pond be built. A portion of the proposed detention pond' .(or about 80,000 cubic feet) may be built to handle lots 1-49. The storm drain plan submitted shows line extensions to the east to accommodate future development of that area. There are no other lands adjacent to Phase IV which require extension of the storm drain lines in order to accommodate their development. .' . 3. Detailed plans for streets, sanitary, and storm systems must be submitted with each' phase of development which include existing and proposed contours of the site to enable an adequate review of the location and routing ofthese systems. A copy of the' required submittal plans are included, These preliminary plans contain enough detail to evaluate the feasibility of this proposal. Future public improvement plans will provide a more detailed layout of the streets, storm drain and sanitary sewer system including slope, cover, size and alignment for Phase IV ofthe development. The sanitary sewer system with site contours is shown on the Sanitary Sewer Master Plan. The storm sewer design methodology is outlined in the attached Drainage Study. 4. The project construction engineering team shall include a geotechuical engineering firm which will be required to have a representative on-site to observe all ' trenchiug, excavation, cut and fill operations during the development of the project. Boire Associates (a geotechnical engineering firm) is a part of the design team, Boire Associates has completed a geotechnical investigation for the site, A copy of the report describing the investigation is included with this submittal. Boire Associates will remain'as the project geotechnical engineer to produce a follow up report for construction details and through construction of the public improvements to observe trenching, excavation, cut and fill operations. 5. Sewer design shall comply with the Springfield Development Code Section No. 32.100 and any other special provisions for hillside development that are approved and required by the City Engineer. SDC Section No: 32.100 abbreviated requires: o sewer mains to be at least 8 inches in diameter o sewer laterals to be at least 4 inches in diameter o main line sewers be designed to provide a minimum velocity of 2 ips o manholes be placed at all grade changes and truck line intersections o clean outs be placed at dead end streets o laterals be placed at right angles to the mainline sewer o sanitary sewers shall be planned for additional development as indicated in the Master Plan All of the requirements ofSDC 32.100 have been complied with in the preliminary design of Phase IV. A detailed design to meet code requirements and City engineer evaluation occurs at the time pubic improvement plans are reviewed. . 6. The Master Plan drawing shows sewers located along back lot lines. Unless otherwise approved, on a case-by-case basis, and at the sole discretion of the City Engineer, all publicly maintained sewer facilities must be located within street rights-of-way, or in easements immediately adjacent to, tbe right-of-way, or iu paved driveway or private street areas. The conceptual sauitary sewer plan may include provisious for counecting up to 4 lots on private, shared, laterals in easements to eliminate the need for back yard sewers. These private sewers would require joint use, joint maintenance recorded agreements for the affected properties. In the event any public sanitary sewer manholes or mains are approved to be located in side-yard or rear-yard easements to connect to a downhill street, restrictions must be placed on these properties to prevent the construction of fences, landscaping, and other private improvements to ensure that adequate access is maintained for system maintenance. 2 . . The grading proposed by the design of Phase N eliminates the need to locate sewers along back lot lines. All public sewer lines will be located within public street right-of-way or public utility easements. 7. Sanitary sewers are to be extended to the boundaries of the development area in order to allow flexibility in determining how homes will hook up to the system and to provide more freedom in tree preservation and other considerations affected by the design and placement of structures on the affected lots. Sewers internal to the site must be sized to " accommodate any flows that may be anticipated in the future from off-site development areas. The oversizing of the sanitary sewer system to provide for off-site development shall be pursuant to the existing City reimbursement policy. As shown on the Masterplau map for sanitary sewers, the system serving Phase N consists of the southern most portion of the system serving MountainGate through Phases I and II and no " opportunity exists to provide the "external connections required by the Masterplan approval. The southerly system extends to 57th Street and provides a trunkJine for additional internal development. The sewer plan submitted shows line extensions to the east to accommodate future development of that area. There are no other lands adjacent to Phase N which requires extension of the sewer lines in order to accommodate their development. 8. Prior to or concurrent with the submittal of Phase I, the developer must provide mapping of the boundaries ofinternal and adjacent sewer basins, an analysis of the sewer tributary areas, both on-site and off-site, and the site system capacity to ensure that adequate capacity and appropriate connection points are provided. Construction of sanitary sewers must be done in a logical sequence that corresponds to the phasing of the . development. The attached Sanitary Sewer Master Plan illustrates the proposed service boundaries of internal and adjacent sewer basins. Phases I and II are entirely located within the north service basin. This basin connects to an existing 12" line in the McKenzie Highway that, according to City staff, has capacity to accommodate the additional flow from the development. The northern service area has been expanded to" serve as large an area as practical. Based on the original Master Sewer Plan an additional 6 acres or about 20 lots were added to the north system and removed from the southwest system. A capacity analysis of this north system has been conducted and the appropriate pipe sizes and stub-out locations are proposed" which will provide the necessary infrastructure for future phases as shown on the sanitary sewer plan. Gravity service from the east and southerly sewer basins into the northern basin is not available due to topography. As stated in Condition 9 below, gravity sewer is available to the site. The sewer design for each of the east and south basins will be submitted with any application for development within those basins. The south basin consists of 130 proposed single family units, 200 proposed muti-family units and 40 (estimated) future units from off site for a total of 370 units. The estimated sanitary sewer flow can be calculated by using 100 gallons per day per person and using 3 persons per unit for 111,000 gallons per day. With a peaking factor of 3.5 and converting to cubic feet per second, the peak flow is estimated to be 0.60 cubic feet per second. Assuming 67% full, the minimum slope for an 8" pipe is 0.29%. Since the minimum design slope for an 8" sanitary sewer pipe is 0.4% (for cleansing velocities) it can be concluded that an 8" sanitary sewer pipe is adequate. 9. Temporary public sewer pump stations will not be allowed since gravity sewer service is available to this site. If the applicant anticipates the use of temporary stations, then this issue must be addressed at the time of submittal of Phase I in the context of the 3 . . project phasing plan. The pnmp station at the east end of the Private Drive in the northeast quadrant of the development will not be accepted as a public facility. There are no temporary or permanent private or public pump stations proposed. 10. Sewer design for each phase shall address specific prohlems and special design considerations for steep hillside development such as flow velocity, energy dissipation, turbulence.in manholes and bends and restraints on pipe movement. . Phase IV has been designed to minimize the amount of utility trenches that have slopes over 10%. A trench drainage system for tl"ie public sanitary sewer is proposed for all trenches exceeding a . ~ 10% slope. . . . Flow rates and velocities for the main sewer lines have been evaluated to determine if special energy dissipation measures will be needed. According to the City ~of Springfield's Engineering Design Standards and Procedures, pipe flow velocities exceeding 15 feet per second will need special provisions to protect the pipe and manholes against erosion and displacement by shock. The pipe flow velocities in Phase IV were found to be less than 8 feet per second; therefore, energy dissipation within the pipe system does not appear to be necessary. 11. Trench drainage measures, or other approved methods of handling flow of water in trench backfill, must be incorporated into all trench sections with slopes exceeding 10 percent and elsewhere when required by the City Engineer. A trench drainage system for the public sanitary sewer is proposed for all trenches exceeding a 10% slope. The primary function of the trench drainage system is to dewater the trenches on the upstream side of manholes, or any other apparatus that interrupts subsurface flow within the trench section. This is accompiished by placing a perforated pipe within the trench, just upstream of the structure. The perforated pipe will be hard piped to the storm system as shown on the attached detail. 12. Curved sewers may be considered on a case-by-case basis, with approval at the sole discretion of the City Engineer. Any curved sewers must be designed with a curve radius. of not less than ISO percent of the manufacturer's recommended minimum radius for the given pipe size and material. Coinbination horizontal and vertical curves between manholes will not be permitted. All curved sewers must include tracer wires wrapping the pipes and marking tape in the trench. No curved sewer lines are proposed in Phase IV. Storm Drainage . 13. Storm drainage design shall comply with the Springfield Development Code Section No. 32.110 and any other special provisions for hillside development that are approved and required by the City Engineer. The storm drainage system was designed to comply with the SDC 32. I 10 and other provisions for hillside developments. The following requirements as defmed in SDC 32.110 are complied with: . The major channel shall have sufficient capacity to contain a lQ-year frequency of occurrence run-off. . Secondary drainage channels and conduits shall have sufficient capacity to'contain a 5-year frequency of occurrence run-off. 4 . . . Minor drainage channels and conduits shall have sufficient capacity to contain a 2- year frequency of occurrence run-off. . The minimum conduit size of 10" and minimum velocity of 3 feet per second are complied with. . Manholes are proposed at all vertical and horizontal alignment changes and pipe intersections. The maximum distance between manholes is 500 feet. . Catch basin type shall be specified by the City Engineer and no more than two catch basins on one lateral. . . Drainage facilities accommodate potential run-off from its entire upstream drainage area. . The proposed run-off will not overload the existing drainage facilities. . Drainage management practices shall include: Temporary ponding, permanent storage basin, minimizing impervious surfaces, emphasizing natural water percolation and natural drainage ways, preventing water flowing from the roadway in an uncontrolled fashion, stabilizing natural drainage ways as necessary below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion and on-site constructed wetlands. 14. The storm sewer system shall be constructed in a manner that provides a storm sewer lateral to every lot for conveyance of roof drains, buildhig foundation drains, and private property surface and underground drainage. These storm laterals shall not be permitted to drain to the gutter. . Each lot within the Phase IV MountainGate development is supplied with a storm sewer stub to the public system. 15. All publicly maintained drainage facilities must be located within street rights-of- -way, or in easements immediately adjacent to the right-of-way, or paved driveways or private streets. unless otherwise approved, on a case-by-case basis, and at the sole discretion ofthe City Engineer. . All publicly maintained drainage facilities are located either in the street right-of-way or easements. The easements shall be paved to the last manhole. See the submitted plans for more detail. 16. Drainage lines must be extended to the easterly and southerly project boundaries to handle storm runoff from impervions surfaces created by the development and to address proposed development-on the subject property that would affect, and be affected by, the natural drainage on the subject property from adjacent properties. Storm drains internal to the site must be sized to accommodate any flows that may be anticipated in the future from off-site development areas. The oversizing ofthe storm sewer system to provide for off-site development shall be pursuant to the existing City reimbursement policy. As shown on the Masterplan map for storm drains, the system serving Phase IV consists of the southern most drainage basin, which empties into the proposed detention pond. Storm drain pipes. will be stubbed to future phases. There are no other lands adjacent to Phase IV which requires extension of the storm drain lines in order to accommodate their development. 17. For each phase of development the developer must provide an analysis of the drainage tributary areas, both on-site and off-site, and the site system capacity to ensure that adequate capacity is provided. The Drainage Study discusses capacity of the detention system and illustrates the tributary area of 5 . . the on-site and off-site properties to be served by the system. The on-site stormwater piping system will be sized to convey the design storm event without surcharge. 18. Storm drain design for each phase shaD address potential problems and special design considerations for steep hillside development such as flow velocity, energy dissipation, turbulence in manholes and bends and restraints on pipe movement. The subdivision was designed to minimize grades over 10% and avoid the problems incurred witb steep pipe construction. Where pipe grades do exceed 10%, special hillside design elements will be incorporated into the. plans to ensure the stormwater system will be protected against higher energy flows and turbulence in the system. The following is summary of the special design elements that will be included in the project: Pipes on slopes greater than 10% will be restrained from movement via concrete pipe anchors. A trench drainage system is proposed on all public storm drains exceeding a 10% slope. The trench drain has been designed to dewater the trenches on the upstream side of manholes or other apparatus that interrupts subsurface flow. Flow rates and velocities for the main storm lines have been evaluated to determine the higher energy locations (flow velocities greater than IS feet per second). At these locations, the manholes were placed at sufficient spacing to limit the maximum change in flow direction to 45 degrees. The base of the manholes will be shaped to match the average slope of the inlet pipe and the outlet pipe to reduce turbulence and minimize hydraulic jumps. The open channel component of the system is protected from erosive velocities by retention of existing vegetation. 19. Trench drainage measures, or acceptable alternatives to control water flow in trench backf'ill, must be incorporated into aD trench sections with slopes exceeding 10 percent or as required by the City Engineer. Trench drainage systems for the public sewer is proposed for all trenches exceeding a 10% slope. The primary function of the trench drainage system is to dewater the trenches on the upstream side" of manholes, or any other apparatus that interrupts subsurface flow within the trench section. "This can be accomplished by placing a perforated pipe within the trench, just upstream of the structure. The perforated pipe will be hard piped to the storm system as shown on the attached detail. 20. Curved storm drains must be considered on"a phase basis, with approval at the sole discretion of the City Engineer. Any curved storm drains must be designed with a curve radius of not less than 150 percent of the manufacturer's recommended minimum radius for the given pipe size and material. Combination horizontal and vertical curves between manholes will not be permitted. All storm drains must include tracer wires and marking tape in the trench. Curved sewers are not proposed within Phase IV of the development. 21. Design of the storm drainage system must be done so that no net change in volume or flow rate is experienced in any of the wetlands on or adjacent to the site. 6 . . A wetlands flow analysis for Phase IV is attached to this document. The analysis calculates existing and proposed flows into the wetland area within Phase IV and concludes that there will be no significant change. 22. The project shall incorporate the standard drawings for development of hillside areas recommended in Appendix A the Hillside Pavement Distress Study, 1994, by Dames & Moore (please'see Attachment 1), deviations from these requirements may be considered on a case-by-case basis, at the sole discretion ofthe City Engineer, during the development of each phase. Phase IV has been designed to minimize steep street slopes and to control surface water. On streets that exceed 10% grades the following standards were incorporated. There are four standard drawings identified in the Hillside Pavement Distress Study: Drawing A-I, Hillside Storm Sewer Connection Retrofit Section This standard drawing specifies the method to disconnect existing lot drainage from weep holes, and hard pipe them to the storm main pipe. The proposed MountainGate development will provide a lateral to each lot, as further discussed in Condition 14. Discharging site water to the street gutter is not included in the design for this development. Drawing A-2, Hillside Trench Drain Detail This detail is incorporated into the longitudinal drainage system along the uphill side of the streets. Proposed location of each of the trench drains is shown on the Construction .Drawings and in the drainage report. The perforated pipe in the trench drains will be connected to area drains and hard piped into the public system. Drawing A-3, Hillside Combination Drain Detail This detail is incorporated into the longitudinal drainage system along the uphill side Of the streets. The proposed location of each of the combination drains is shown on the Construction Drawings and in the drainage report. The perforated pipe in the trench drains will be connected to area drains and hard piped into the public system. Drawing A-4, Hillside Seepage Collection Blallket Detail This standard drawing illustrates a method to collect subsurface drainage seeping from the ground within a roadway section. The location of these seepage areas, if any, will not be known until subgrade excavation has been completed. A geotechnical engineer will be on- site during the excavation phase of the project to assist in identifying the seepage areas. A seepage blanket as shown on this detail will be installed where determined necessary by the geotechnical engineer, civil engineer, or city engineer. 23. During the design of each phase ofthe project, the developer shall provide catchbasin-sizing calculations to show that adequate inlet capacity is provided to capture all ofthe water flowing in the street. Catch basin design shall include the following considerations: length of run on the street; velocity of flow in gutter bar; volume of flow in gutter bar; curb openings with depressed gutter bars up-slope of catch basins; and the control of flow past catch basins. . 7 . . Preliminary catch basin sizing calculations are included in this submittal. 24. For each phase, the City Engineer shall review and approve drainage methods. Preliminary drainage methods are outlined on the design plans and within the storm water drainage plan. Final design details will be submitted with the public improvement plans and are subject to approval by the City engineer. 25. Driveway curb cuts and approaches shall be designed to prevent water flowing in the gutter from entering private properties with emphasis on the outside of curves on steep down slopes. . The driveway design will be per the City of Springfield Standard Drawing 3:9 which provides conformance with this condition. There are no driveways on steep slopes or other conditions within Phase IV which require specific consideration beyond adopted City standards. 26. The maintenance of water quality or detention ponds which serve a single development are the r~sponsibility of the developer or property owners of the development. Prior to approval of the first subdivision tentative plat for any phase of the development, the developer and the City shall enter into an agreement specifying responsibilities for the long- term access and maintenance of the storm drainage detention and water quality ponds. A detention/water quality facility will be located at the toe of the slope at the abandoned quarry. A preliminary design for the facility is included in the stormwater and grading plans submitted. The applicant and City are currently discussing options for facility maintenance. Prior to final plat approval, an agreement specifying the responsibilities of the detention/water quality pond will be completed. 27. All proposed or required detention ponds must include water quality measures or water quality Best Management Practices must be incorporated into the overall design of the master stormwater system sufficiently to comply with Section 32.110(4) as determined by the City Engineer. Water quality design features have been incorporated into the preliminary plans as much as possible for this' stage of design. Public improvement plan submittal will include the following drainage management practices: temporary ponding, permanent storage basin; minimizing impervious surfaces, emphasizing natural water percolation and natural drainage ways, preventing water flowing from the roadway in an uncontrolled fashion, stabilizing natural drainage ways as necessary below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion and on-site constructed wetlands. 28. Prior to or concurrent with development of any phase south of Line "A" on Exhibit 2, Appendix E, the applicant shall provide detailed plans for the detention ponds proposed at the "School/Park" site. Under this condition the detailed plans must be approved by the City prior to platting the portion of Phase IV lying south of Lots I through 49. However the original Masterplan storm drainage. design has been change so that some ofthe lots north of Line "A" will rely upon storm drainage into the southern detention basin. Therefore a design for the southern (SchoolJPark) detention pond is submitted with this application. . 29. Prior to or concurrent with the development application for any phase north of 8 . . Line" A" on Exhibit 2, Appendix E, the applicant shall provide detailed plans for the detention pond and wetland mitigation near Aster Street and MountainGate Drive. The design ofthe wetland mitigation area and detention pond north ofline "A" has been' completed. The pond is shown on the construction drawings for Phases I and II and the approved mitigation plan is attached. 30. For all publicly maintained ponds, maintenance vehicle access must be provided around the entire perimeter of each pond. For publicly maintained open drainage channels, access paths, a minimum of 7 feet wide, must be provided along at least one side of every channel. Access must also be provided and guaranteed for all storm drain manholes located outside of a street right-of-way. As currently required the pond and drainage channel (wetland area) will be privately maintained by the homeowner's association. Access to the pond will be via the MountainGate Drive with a 14 foot wide access road along its southern boundary, All stonnwater manholes are proposed to be located within right-of-way areas except for two locations; the private drive east of Lots 24 through 28 and between Lots 44 and 47, A 20' wide paved surface width along with a' 20' ",ide public utility easement will provide access to the manholes located in these areas. 31. Discharge of stormwater from public facilities onto private property is expressly prohibited and all lots tributary to such storm drains will be restricted from development until a connection to a public system is provided. \ The primary public stonn water discharge location will be into an existing 24 inch public stonnwater facility located at Weyerhaeuser Road north ofMt.Vernon Road. A secondary discharge point is to an existing ditch that parallels Weyerhaeuser Road, but the flow is limited to existing flow rates. There is no discharge of stonnwater from public facilities onto private properties. 32. The design engineer shall incorporate drainage benches, private storm drain systems, and other features as m'ay be recommended by the project geotechnical engineer and approved by the City Engineer, at the top of all cut slopes, and along the exposed face of all cut and ml slopes to reduce the potential of erosion on these slopes. ' The design submitted with this application, specifically the grading plan, has been developed according to recommendations of and consultation with the project geotechnical engineer, Todd Boire, Additional recommendations to be made in report form by the project geotechnical engineer'at the specific construction design stage will be included in the public improvement plan submittal. Transportation 33. The following design modifications shall be made: a. A variance request'must be submitted for K, M and I Streets and any other location where the maximum length of a cul-de-sac (dead end street), , excluding the bulb, exceeds 400 feet. A 600 foot long dead end road is proposed to serve access to Lots 121 through 130. Prior to construction of this road or submittal of a final plat for these lots a variance to allow a dead end 9 . . road exceeding 400 feet must be approved. In the event that a variance is not approved, the lots must be reconfigured to limit the road length to 400 feet and to use parallel panhandle access strips to serve the westerly lots. b. The length of a temporary dead end local street (due to phasing sequence) cannot exceed 1000 feet. Local dead end streets in excess of City standards shall not be allowed without a financial guarantee (bond) that the street will be completed through to another outlet point within three years. The temporary dead end street will always provide appropriate turnarounds for emergency vehicles. A 400 foot long temporary dead end local street will be created by the platting of Phase IV a (Lots 1 through 49) prior to constructing the remaining portion of Phase IV. The road will be along the east boundary of Lots 15 through 19. Prior to the platting of Phase IVa, a bond for completiou of the loop road within a three year time period will be required. A temporary turn around or secondary loop access will be constructed during the construction of Phase IV a. c. Temporary dead end streets in excess of City standards will be provided with a temporary, secondary emergency vehicle access until the completion of the street provides a permanent secondary access. The platting of Phase IV or sub Phase IV a (Lots 1-49) will not create a dead end street in excess of City standards. However a secondary access exists which extends a road from Phase I and a 200 foot extension of MountainGate Drive through Phase IV to 57th Street. " d. Temporary dead end collector streets requirements are addressed in the evaluation of development phasing. This is a notatiou that this issue is addressed under other conditions of approval. 34. The vacation and closure ofthe South 63rd Street access to Main Street shall be initiated by the City when Aster Street is completed between South 58th Street and MountainGate Drive or when the traffic signal at the MountainGate DrivefMain Street is installed. The physical closure of South 63rd shall be completed by the applicant as a related improvement to the signal installation. . This condition will be initiated by the City some time in the future. 35. The applicant must secure an access permit for access of MountainGate Drive to Highway 126 (Main Street) from the Oregon Department of Transportation prior to the Final Plat for Phase I of MountainGate. An application was submitted and approved by ODOT for the Main Street connection through the Phase I and II approval process. 36. Prior to the Final Plat for Phase I, MountainGate Drive (South 64th Street) must be connected to Aster Street to the west or a performance bond approved by the City must be fIled with the Finance Department in sufficient amount to ensure the completion ofthe improvement. The construction plans for Phase I include the connection to Aster Street. 37. The applicant shall provide financial assurance satisfactory to the City for the design and installation of a traffic signal at MountainGate Drive and Main Street prior to 10 . . the Final Plat for Phase I of MountainGate. The City will reserve the right to require a Traffic Signal Warrant study at the MountliinGate Drive/MaiIi Street intersection prior to the platting of each phase in traffic zone I of the Transportation impact Study, excluding Phase I, until the warrant is met. The traffic signal '\\ill be installed when the warrant is met or when required by the ODOT access permit. The City will require the signal to be designed and installed along with related improvements, including closure of South 63rd Street. Prior.to final plat approvals for Phase I, the applicant is required to provide fInancial assurance for the Main StreetIMountainGate Drive signal. 38. Fifty-foot right-of-way dedications are required to allow future street connection to abuttiug lands along the south boundary of the site. These connections are necessary to provide efficient access to neighb!)ring amenities, commercial and employment sites and necessary secondary access to the development for police, fire and life safety , services. These are depicted on the Master Plan as public right-of-way and must be constructed in conjunction with the development ofthe appropriate phase. The oversizing of the street system to provide for off-site development shall be pursuant to the existing City reimbursement policy. Not applicable to this submittal. 39. The Dogwood Street right-of-way shall be 6O-feet mde from MountaiuGate Drive to the east boundary of the site. The street shall be a standard 36-foot residential design. The construction plans and fmal plat for Phase I will incorporate this requirement. 40. The rights-of-way of local streets shall be according to Table SDC Section ~2.020 Table 32-1. All local street right-of-ways in Phase IV are 50 feet, per SDC 32.020. 41. Additional off street parking to serve open space recreational areas shall be included in the site design of the North Cluster. This condition is not applicable to this submittal, because it creates the north cluster but does not include a site design for its development. 42. Submittal of field measured cross sections shomng the proposed street and the existing ground elevations is required mth each set of the construction plans. Cross sections will be included in the construction plan drawings to be included with the public improvement plan submittal. 43. Details and Typical Cross Sections mth slope control measures shall be submitted with each phase of development. The development application shall also indicate the location and under what conditions retaining walls will be constructed. The grading plan submitted shows cut and fill slope location and design. The need for retaining walls has been eliminated by the grading proposed. More specifIc details are to be submitted with public improvement permit application after tentative approval of the design is granted. 11 . ,. 44. The following design standards (These standards are the subject of approved variance request Jo. No. 95-05-125) shall be applied to street grades: a. Maximum street grades allowed on local streets shall be 18 percent for a distance not more than 200 feet. b. Maximum street grades allowed on collector streets shall be 15 percent for a distance not more than 200 feet. c. Maximum street grades through an intersection shall not exceed 15 . percent for local streets and 12 percent on collector streets for a distance of 100 feet for all approaches. d. Maximum street grades allowed in MountainGate shall not exceed 18 percent. . e. Maximum street grades through a driveway shall not exceed 15 percent for local streets and 12 percent for collector streets. The grading plan proposed for Phase IV will result in all streets having a grade of 12 percent or less. Groundwater Control 45. General Construction Practices will need to include statements restricting the construction of embankments on top of soils with a plastic index greater than 30 and must show construction details for maintaining drainage to eliminate shrink swell problems' evident in adjacent developments. This condition applies to construction details to be considered and included as applicable during the [mal construction design for public improvement plan submittal. The project geotech will prepare a written report for the construction design to address specific requirements for the embankments proposed and any drainage design details necessary to eliminate shrink/swell problems, 46. All persistent flow conditions, except for the identified open water component of the storm water master plan, shall be directed into the piped storm system. The original Masterplan did not identify the wetland area within Phase IV as an open water component of the stormwater system because at that time it was not know to be a wetland, Since it is in fact a wetland, condition 21 requires that it maintain it's predevelopment volume and flow rate. This is accomplished by discharging a portion of the drainage from the development (Lots 1- 49) into the wetland. U1timately this drainage flows into the proposed detention facility at the quarry and into the piped discharge system. No other persistent flow conditions have been identified by the project geotech, civil engineer or forester. If such conditions are encountered during construction, flows will be directed into the piped stormwater system, 47. The developer shall include longitudinal drainage systems along the uphill side of all streets cons~ructed on cut slopes for each phase of the development. These drains shall discharge to a piped drainage facility, not the street gutter. The longitudinal drainage systems will be incorporated into construction plans as required by the 12 . . geotechnical engineer. The proposed grading reduces the need for this type of drainage system, but where longitudinal systems are required they will connect to piped systems, not to the street gutter. 48. Each phase of the project shall be designed to intercept and remove from the street structural section and sub grade the flows from all known and unknown springs and watercourses encountered for street construction and lot pad grading, if any performed by the developer. Saturation of the street subgrade and building pads must be prevented. There are no known springs within Phase IV'and the only watercourse is the wetland area that will not flow into the street structural section or sub grade, Unknown springs detected during the construction process will be intercepted and directed into the public storm water system. Project Phasing 49. Appendix E of the MountainGateMaster Plan is revised to show Line "A" extended to the east to a point extending across Street "C" 400 'feet south of Street "K". Not applicable to this submittal. 50. No lots shall be platted south of Line "A" along MountainGate Drive without a financial guarantee that MountainGate Drive will be' extended to South 58th Street within three years; or South of Line "A" along Street "C" without financial assurance that Street "C" will be completed either to South 58th Street or to the constructed terminus of MountainGate Drive within three years. The southern portion of Phase IV which excludes Phase IV a (Lots 1-49) is the area determined as being south of Line "A". Prior to the platting of any of the Lots 50 through 126 a fmancial guarantee for completing MountainGate Drive to 58th Street within 3 years will be provided, 51. Appendix E of the MountainGate Master Plan is revised to relocate Line" A" to a point along Street "D" no more than 1,000 feet from the intersection with MountainGate Drive provided a secondary emergency access is provided, otherwise, 400 feet from the intersection. The relocation of Line "A" is shown on the updated development phasing plan (appendix E) submitted with this application, 52. Secondary accesses to each phase of the Master Plan for police and fire response must be provided as development progresses along the directions indicated in Appendix E of the MountainGate Master Plan. A gravel road currently exists that extends south from Aster Street through Phases I and II, continues south along the west side of the wetland area; around the east side of the quarry and then westerly to 58th Street. Protection of Resources 53. This decision is founded, in part, on the assumption that the provision of adequate park and recreation and other services will be adequate to serve the proposed development because the resources will be transferred to public ownership and bec'ause they will be appropriately designated on the Metro Plan Diagram and rezoned accordingly. In regard to tbe former expectation, the following shall apply: 13 . . a. An agreement between the applicant and the Willamalane Park and Recreation District for the transfer of Mountain Park and West Park into public ownership shall be executed prior to the platting of the subject property south of Line "A". Prior to the platting of any lots south of Phase IV a (Lots 1-49) the Willamalane agreement must be executed. b. An agreement between the applicant and the Willamalane Park and Recreation District for the transfer of SchoollPark (Quarry Park) into public ownership shall be executed prior to the platting ofthe subject property south ofthe intersection of MountainGate Drive and Street" c." Also and within this timeline, the applicant shall submit to the District it reclamation plan for the quarry that will demonstrate that the proposed rehabilitation of the quarry will result in a site suitable for its intended purpose; i.e., a neighborhood park. The reciamation plan and agreement with Willamalane must be completed prior to the platting of lots south of the southern intersection of MountainGate Drive and Park Drive ("C" Street). The intent of the applicant and Willamalane is to have an approved reclamation plan and agreement for the Quarry Park at the same time as the agreement for West Park and Hill Park. . c. An easement providing pedestrian and bicycle access between Mountain Park and West Park shall be executed prior to the platting approval of Phase II of the proposed development. The pedestrianlbicycle access between Mountain Park and West Park is shown on the plans submitted for Phase IV. It is proposed that this be part of the open space to be acquired by Willamalane rather than an easement to allow better control for maintenance and management. 54. Open space depicted on the Conceptual Master Plan, page 1, Figure I of Exhibit 2, including Mountain Park, West Park, park access easements, and archaeological Site 35AL657, excepting the School (quarry) Park, shall be designated Park and Ope.n Space on the Metro Plan Diagram and classified Public Land and Open Space on the Springfield Zoning Map. The Metro Plan amendment shall be initiated, with concurrence by the applicant, by the City and the Willamalane Park and Recreation District prior to platting. any lots south of Line" A" on Exhibit 2, Appendix E of the Master Plan. The zone change shall be initiated by the applicant prior to platting any lots south of Line" A" on Exhibit 2, Appendix E of the Master Plan. The applicant concurs with initiation of the plan amendment and will subsequently initiate the zone change prior to platting any lots south of Phase IVa (Lots 1-49) 55. The School Park depicted on the Conceptual Master Plan, page 1, Figure I, of Exhibit 2 shall be desiguated Park and Open Space ou the Metro Piau Diagram and classified Public Land and Open Space on the Springfield Zoning Map. The Metro Plan amendment shall be initiated, with concurrence by the applicant, by the City and the Willamalane-Park and Recreation.District, prior to platting any lots along MountainGate Drive south of the intersection with Street "C," including the south cluster. The zone change shall be initiated by the applicant prior to platting any lots along MountainGate Drive south of the intersection with Street" C," including the south cluster. . The applicant concurs with initiation of the plan amendment and will subsequently initiate the 14 . . zone change prior to platting any lots along MountainGate south of the, southern intersection of MountainGate Drive and Park Drive ("C"'Street). 56. Except for vegetation control and removal necessary to address hazardous conditions, no trees or understory shall he removed in the planned open space areas depicted on the Conceptual Master Plan, page 1, Figure I of Exhihit 2, including Mountain Park, West Park, park access easements, and archaeological Site 35AL657. No vegetation has been removed or is proposed for removal within the areas of Mountain Park, West Park, or the Park access easements as depicted on the Conceptual Master Plan. Understory was removed within Archeological Site 35AL657 in August, 2001: This area is currently being analyzed by Heritage Research Associates, Inc. to develop a plan for mitigation and/or long term protection of the site consistent with applicable regulations. 57. The "Tree Preservation Plan" of Exhibit 2, MountainGate Master Plan, sball specify tbat removal of more than five trees greater than five inches in diameter may require a tree felling permit from the City. This statement is to be included within the Conditions Covenants and Restrictions to be recorded with the [mal subdivision plat. 58. An urban forester shall be employed to analyze the street design and proposed cutting plan for the rights of way of each phase and determine what trees can be retained to serve as required street trees. The trees shall be, depicted on the tentative subdivision plan and the final construction drawings for the public improvemeuts. Appropriate measures to protect the trees during construction shall be specified on the construction drawings. The project forester, Doug Wolf has prepared a report that includes a "Development Plan" identifying lot frontages which contain potential street trees. Specific individual and clumps of trees are to be identified and protected prior to street construction. Die plan and forester's discussion are included in an accompanying tree felling permit application. 59. The trees on lots smaller than 15,000 square shall be considered in aggregate and building envelopes adjusted accordingly. to protect the largest number of trees practicable. This requirement has been met as discussed in the forester's report included in the accompanying tree felling permit. 60. The applicant shall employ a tree or forestry consultant who has had previous experience with forested hillside construction of a similar scale. The cousultant will prepare a vegetation/re-vegetation report for the area supporting the treeline along the subject property's lower northern ridge paralleling Main Street. This area shall include adjacent properties with tree species necessary for the preservation of the treeline. The report shall include: a. A description of plant material and condition, pathology (if any), structural problems (if any), corrective measures and methods to improve healtWcondition. . b. Identification of patches to be retained after assessment of vigor, species, size and estimated size at maturity, ability to support some forms of disturbance. c. Notation of individual specimen trees and their suitability for preservation. 15 . . d. Evaluation of the impacts of constructing the pubic improvements addressing soil compaction, fill, paving, location of disturbance with respect to remaining vegetation, excavation methods/trenching, and measures to mitigate the impacts. e. Stipulate the health of trees intended to be removed and adjacent trees,. and provide typical protection measures to preserve the adjacent trees and understory vegetation during removal. f. Evaluate existing vegetation conditions on each proposed lot and assess the least impact for placement of buildings, decking and outbuildings. Building envelopes shall be created pursnant to this analysis. g. The revegetation plan will identify areas within the report area that can be replanted to compensate for trees that are removed. Replacement trees will be a. species that is suitable to the site and compatible with adjacent uses. Characteristics such as longevity, hardiness and wind firmness shall be considered. The revegetation plan must include a management section detailing planting methods. h. The report shall identify significant understory species that should be protected, to the greatest extent practicable, throughout the report area. Invasive non-native plant species such as blackberries, ivy and scotchbroom can be removed. i. The report shall identify and provide for tbe retention of trees in sufficiently large areas and dense stands to prevent,vindthrow. A stand oftrees shall constitute an area not less than 2,000 square feet. This condition does not apply to the area included in Phase IV. 61. In order to provide adequate protection of Site 35LA657 and a. pedestrian pathway connecting Mountain Park with West Park consistent with the ESEE Analysis for MountainGate, the Conceptual Master Plan for the MountainGate development shall be made consistent with the Executive Summary Map of the ESEE Analysis. Archeological Site 35LA657 and the proposed pedestrian route as approved in the Master Plan, consistent with the ESEE analysis is shown on the updated Masterplan map and the design submitted for Phase IV. . 16 'J . . , TYPE II TENTATIVE SUBDIVISION REVIEW, STAFF REPORT & DECISION ~ SPRINGFIELD Project Name: MountainGate (Master Plan) Subdivision Phase 4 . , Property Owners: Norman and Melvin McDougal, PO Box 518, Creswell OR 97426 Nature of Application: The applicant is requesting tentative subdivision approval for 130 lots on 75 acres of the MountainGate Master Plan site, identified as Phase IV. Case Number: SUB2003-00062 Project Location: The 330 acre project site'is located between 57th and 67th Streets, south of Main Street and north ofWeyerhaeuser Road, in Springfield. Phase 4 is located along the west side of the site above 5ih Place. The site is otherwise identified as Tax Lot 300, Map 18-02-04.11 and Tax Lot 303, Map 18-02-03. Zoning: Low Density Residential (LDR) Metropolitan Area Comprehensive Plan Designation: LDR Master Plan Approval: # 1995-02-0039 Date Application Submitted: D.ecember 12, 2003 Development Review Committee Meeting Date: "January 13, 2004 Decision Issued Date: February 27, 2004 Decision: Approval with Conditions for compliance with the Mountaingate Master Plan and the Springfield Development Code (See Phase 4 Land Use Conditions, Attachment A.) This is a limited land use decision made according to city codes and state statutes. Unless appealed, the decision is final. Please read this document carefully. The Final Plat must conform to this tentative approval, the Master Plan and the concurrent Tree Felling and Hillside Development decisions. Appeal Deadline Date: March 12,2004 . Associated Applications: MountainGate Master Plan #1995-02-0039 Tree Felling Permit #DRC2003-00065 Hillside Development #DRC2003-00066 Attachments: A- Land Use Conditions of Approval SUB2003-00062 MountainGate Phase 4 ~~..w~~ . t o-f 55' PaJ!fO 'I . . APPLICANT & DEVELOPMENT TEAM POSITION DUTIES NAME PHONE Applicants & Project Planning and Project Mike Evans & 541-726- Planners Management Geri Betz, Land 8523 Planning Consultants Civil Engineer' Public and Private Tony Favreau, 541-683- 1mprovement Design PE, The 7048 Favreau Groun Geotechnical Engineer Hillside Development Todd Boire, PE 541-753- Design Hoire 5344 , Associates, 1nc. Forester Tree Felling and Doug Wolf, 541-342- Vegetation Preservation Oregon Forestry 6004 Service Wetland Consultant Wetland Fill & Mitigation Pat Thompson, 541-933- Thompson 3318 ConsultinQ: Archeological Consultants Archeological Resource Heritage 541-485" Survey & Protection Research 0454 Associates CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM POSITION REVIEW OF NAME PHONE Project Planner Planning Jim Donovan 726-3660 Transportation Planning Transportation Gary 726-4585 Engineer McKennev P .E. Public Works Streets and Utilities' Eric Walter P.E. 736-1036 Civil Engineer Public Works EIT SanitarY & Storm Sewer Matt Stouder 736-1035 Deputv Fire Marshall Fire and Life Safety Gilbert Gordon 726-2293 Community Services Building 1ssues Dave Puent 726-3668 Manager (Building Official) SU82003-00062 MountainGate Phase 4 2 . . I. Executive Summary The applicant requests to subdivide the fourth phase of the MountainGate development site. The 330 acre site has Master Plan approval to proceed with applications to develop the land for singie family residential detached, cluster development and park and open space uses. The applicant . must apply both the appropriate land use application process and the Master Plan as amended by the Hearings Official's Decision. 1 The Springfield Development Code provisions in effect at the time of Master Plan approval apply to the review of the land use applications unless superceded by federal or state mandates. . The six parcels comprising the site have been adjusted to match anticipated phasing in accordance with the approved Master Plan (Serial Property Line Adjustment SVB2003-00029). Phase 4 subdivision plans include 130 residential lots with public streets and utilities affecting future park and multi-unit residential access points. The 75 acres in this phase are located.between the timbered ridge on the west side of the site above 57th Place, the butte known as Potato H.i1l to the east, the timbered ridge and drainages above Main Street to the north (area of Tentatively Approved Phases I & 2), and Weyerhaeuser Road, rural timbered properties and the Golden . Terrace Subdivision to the south. Phases I and 2 of the MountainGate development were tentatively approved in May 2002 with conditions for the preparation of more detailed information and designs. The Phase I and 2 construction and subdivision plans have been under review concurrently with annexation, property line. adjustments and current land use submittals for Phases 3 and 4. Updated geo-tech, forester, fire protection, utility design, wetland and cultural resource information gathered during public improvement plan and subdivision plat preparation for Phases I and 2 has been included with the current submittals as it has evolved. The physical complexities ofthe site, the evolving information and numerous Master Plan conditions that are related to construction detail has resulted in the submittal of a tentative plan heavily dependent upon the construction review .process for final designs and determinations of full compliance. This decision utilizes the'hierarchy of existing Master Plan, subdivision and overlay district decisions to establish compliance with subdivision criteria and eliminate redundant conditions of approval. Based on the incorporated staff findings and the conditions of this subdivision, Master Plan, Hillside Development and Tree Felling decisions, the Director finds that this application can comply with the standards of the Springfield Development Code applicable to tentative approval as conditioned herein and included as Attachment A. In accordance with ORS 92.040, approval of a tentative plan does not constitute final acceptance. . Final subdivision plans in substantial conformity with the Master Plan arid this subdivision decision must be prepared by the applicant and approved by the Development Services Director and the City Engineer prior to approval of the plat or public improvement plans. Full compliance with conditions or standards which require construction details to implement is determined during the public improvement plan review process in substantial conformity with this decision and the materials reviewed by staff and the public. 1 The Master Plan comprises the complete set of documents and attachments contained in the Hearings Official's decision on the MountainGate Master Plan as approved on May 13, 1998. Hearafter, this complete set of documents will simply be referred to as the Master Plan. SU82003-OOO62 MountainGate Phase 4 3 . . II. Procedural Requiremeuts Subsection 3.080 (l)(c) of the Springfield Development Code indicates that subdivision tentative plan is a limited land use decision that shall be reviewed as a Type II procedure. Subsections 35.050 and 37.010(4) of the Springfield Development Code indicate those Subdivision criteria and, where specific, Master Plan approval will be applied to Subdivision applications within an approved Master Plan development area. The applicable standards of affected overlay districts and concurrent. applications shall also be applied as required by subdivision criteria of approval and corresponding articles. Under a Type II procedure, subsection 3.080 (4) requires the Director to provide notice of the submittal of the application for a subdivision tentative plan to the property owners and occupants within 100 feet of the property being reviewed and to the appropriate neighborhood association, if any. Those notified receive a minimum of 14 days from the date of notice to provide written comment to the Director. The applicant and parties submitting written comments during the notice period have appeal rights and are mailed a copy of this decision for consideration (See Written Comments below and Appeals at the end of this decision.) Type II applications are to be distributed to the Development Review Committee for review, comments, response to public involvement and a decision with findings and/or conditions. Staff Findings: I. The application was accepted as complete for processing at the request of the applicant on December 12, 2003. (Statutory waiver of completeness on file.) _ 2. Staff and the applicant's representative met informally with affected Planning Commissioners and City Councilors to disseminate information in the neighborhood. In accordance with Article 3 and 14, written notice ofthe application was sent to property owners and occupants within 100 feet of the subject property on December 26,2003. The deadline for response was January 12, 2004. 3. One written comment was received during the public comment period. The full text of the letter is a part of the record available for review, concerns relating to specific development issues are included and addressed here: "As a result of the continued delay to the proposed Jasper Road extension, the proposed development will add significant traffic to the intersection of Daisy Street, 58th Street and 57th Place in the City of Springfield. We object to the development of this property without the completion and opening of the Jasper Road extension conforming to the Master Plan approval assumptions regarding area traffic patterns. Our position is that the MountainGate development access to 57th Place be deni~d and all traffic from the development be fed onto the Jasper Road extension- resulting in the completion of the Jasper Road extension being a pre-condition to the opening of south west development of MountainGate Drive and Weyerhaeuser Road." David M. McCurdy, CEO SUB2003-00062 MountainGate Phase 4 4 . . Good Neighbor Care Centers, LLC 622 South 57th Place Springfield, OR 97478 Staff Response: The connection of Mounta;';Gate Drive to 57th Place is consistent with the approved Master Plan and Jasper Road Extension (IRE) designs. As of this writing the bid for the IRE project has been awarded and construction is slated to be completed by fall of this year, in advance of any paved street connection to MountainGate Drive. Due to the timing and physical realities of the construction schedules, no condition of approval is necessary to address the issues raised by Mr. McCurdy. 4. A standard Pre-Submittal meeting was held with the applicant on December 23, 2003 to discuss clarification and the need for additional information. Additional information was submitted at the discretion of the applicant on December 26, 2003. 5. Application materials were sent to members of the Development Review Committee on December 29,2003. A Development Review Committee meeting was held on January 13, 2004 to review and prepare comments from participating agencies and City departments. 6. This decision is issued on the nth day ofthe ORS 120 day period for limited land use decisions. This is a tentative decision of approval, subject to the attached conditions for full compliance with applicable criteria. Conclusion: The processing requirements described in SDC Section 3.080 and ORS 92.040 for subdivision tentative review have been met. III. Applicable Requirements Master Plan Approval with Conditions: In accordance with SDC Article 37, a Master Plan is a comprehensive development plan that allows phased development over several years in accordance with the provisions of this Code for residential development. In accordance with SDC 37.070, the Master Plan shall be the basis for the evaluation of all phases of development on any issues which it addresses. Approval of development phases shall be granted subject to the terms and conditions of the Master Plan, but subject to the applicable Development Code provisions and City ordinances on issues which the Master Plan does not address. The Springfield Hearing Official's May 13, 1998 Master Plan Decision (including Findings, Conclusion and Conditions of Approval) Planning Journal #1995-02-0039, as attached to the property's deed LC Filing # 99035359) is incorporated here by reference and is implemented in the body of this decision where it is specific and applicable. The Springfield Hearing Official's May 15, 1998 Decision(s) on'associated Master Plan Variances (including Findings, Conclusion and Conditions of Approval), Planning Journal No(s). 1997-05- 0123-0127, are incorporated here by reference and applied where specific in the body ofthis decision. SDC Section 37.070(1) states: Approval of the Master Plan shall assure to the applicant the right to proceed with the development and substaptial conformity with the Master SOO2003-00062 MountainGate Phase 4 5 . . Plan, subject to such changes' as may be approved pursuant to Section 37.060. Changes to City ordinances, policies and standards adopted after May 13, 1998 (the date of approval) shall not apply to the development. Subdivision Tentative Plan Criteria of Approval: Section 35.050 ofthe Development Code details the applicable criteria for approving a Subdivision Tentative Plan. The Director shall approve, approve with conditions or deny the request, based upon the following criteria: (1) The zoning is consistent with the Metro Plan diagram and/or applicable refmement plan diagrams. (2) Development of any remainder of the property under the same ownership can be accomplished in accordance with the provisions of this Code. (3) Adjacent land can be developed or is provided access that will allow its development in accordance with the provisions of this Code: (4) The request as conditioned full[y] conforms with the requirements of this Code pertaining to: lot size and dimensions, the efficient provision of public facilities and services, safe and efficient motor vehicles, bicycle and pedestrian movement, and consideration of natural features. Hillside Development and Tree Felling Requirements This decision incorporates the findings and conditions of concurrent Hillside Development (DRC2003-00066) and Tree Felling (DRC20003-00065) Applications in accordance with Springfield Development Code Articles 26 and 38, respectively. V. Materials Reviewed It is the applicant's responsibility to prove their proposal complies with the Master Plan and Decision of Approval, Springfield Development Code in effect at the time of Master Plan Approval and other applicable State and Federal regulations. On December 12, 2003 the applicant submitted a package of information containing the following elements and components: . 18 sets of plan drawings by Favreau: o Subdivision: Site Assessment Plan, Subdivision Layout, Utility Plan, Preliminary Grading and Drainage, Slope Analysis, Development Plan o Master Plan: Sanitary Sewer Plan Update (revised Appendix F), Conceptual Drainage Plan Update (revised Appendix G), Progression of Development Plan (revised Appendix E), one reduced copy. . Project narrative and applicant response to Master Plan approval criteria. . Preliminary Storm water & Wetland Flow Reports . Preliminary Sanitary' Sewer Analysis . . Wetland Mitigation and Fill Permits (ODSL #9592 and USACOE #98-1241) . Concurrent Hillside Development Application and Tree Felling Applications, including Geotech Report, Cultural Resources Report and Tree Preservation Plans SUB200J-00062 MountainGate Phase 4 6 . . . Executed City of Springfield application form with attachments (legal description, title report) . Application fees in accordance with adopted City fee schedule. VI. Applicant Submittals, Staff Findings, Conditions and Conclusions Staff Finding: I. The City Engineer's representatives have reviewed the proposal and submitted findings and recommendations for conditions of approval which are part of the record and incorporated in this decision here by reference. (Walter/Stouder 2/5/2004, McKenney, 1/27/2004) Conditions for final designs and revised reports necessary for full compliance with Master Plan conditions, applicable subdivision criteria, and concurrent hillside and tree felling permits are incorporated in this decision and included as Attachment A. Tentative approval is not final acceptance of the plans. Plat and PIP approval will require refinement of the preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. Master Plan 1995-02-0039- (All conditions of Master Plan Approval in bold; subdivision conditions of approval appear below and in Attachment "A") WATER 1. All new water system facilities and modifications to water system facilities both inside and adjacent to the proposed development shall be placed in the street right-of-way at a location and depth of bury that meets the standards of SUB. Where street right-of-way width is inadequate to accommodate the facilities, then the applicant must provide public utility easements abutting the right-of-way. Applicant Submittal: The water system is proposed to be constructed in IO-foot public utility easements abutting the proposed street right-of-way within Phase IV. Springfield Utility Board has prepared a preliminary layout of the water system to 'serve MountainGate. An extension of a 12" stub from 67th Street will need to be constructed to serve Phase IV. This extension will be placed in the future right-of-way of Park Drive and the portion of MountairiGate Drive included in Phases I and II of the development. The water pipe will be approximately 3' - 4' below finished grade. - Staff Response: The applicant has submitt~d a letter showing that SUB has approved a water plan showing tentative locations, details, and easements (McKee, February 13, 2004). Staff Findings: I. The applicant has been required to dedicate PUE's along all proposed and required right-of-way dedications described herein and required by SDC 32.120. The applicant shall dedicate additional public and private easements in the location and width necessary to accommodate all utilities within the development proposal as determined during the [mal review process. . 2. The 12" water line shown on tentative Phase IV plans is under public SUB2003-00062 MountainGate Phase 4 7 . . improvement plan review and will not be available unless and until it is constructed with Phase l/IJ improvements and accepted by the City and SUB Water Department. r- Conclusion: This Master Plan condition implements standard water system design and construction procedures and supercedes the general requirements of SDC 32.120 to coordinate water facilities with SUB and the City. The applicant's plans and preliminary approval letter from SUB Water Department generally satisfy the condition for the purposes of tentative approval. However, to complete the process the applicant is required to provide SUB final approval of the water system and necessary easements serving Phase 4 prior to plat or PIP approval. The following conditions of approval are applied for full compliance with the Master Plan and SDC 32.120: Condition I: Prior to final public improvement plan or plat approval the applicant must submit the following easement information: a) .An approval letter from SUB Water Department for the Phase IV water system and easement locations. b) The final plat shall show all existing and proposed easements necessary to serve the site with public and private utilities. Condition 2: The 12" line necessary to serve Phase IV'must be constructed and accepted by SUB Water and the City of Springfield. Sanitary Sewer 2. Construction of sanitary and storm sewers must be done in a logical pbasing sequence that corresponds to the phasing'of development. The sewers shall be planned and sized and extended to the east and south boundaries of the development to serve future development areas in a logical and convenient manner. Aoolicant Submittal: The updated Master plan is submitted showing the sanitary sewer system and stormwater drainage system for entire MountainGate Subdivision as they have evolved with more updated and accurate information. Phase IVa (lots 1-49) will use the sanitary sewer system which extends from Main Street uphill through Phases 1 and II to stub outs designed to sei-ve this,portion of the property, The southern portion of Phase IV (lots 50-130) will utilize the existing sanitary sewer system located in 57th Street. Because of this sewer location development of this portion of Phase IV must occur from south to the north. The sanitary sewer plan submitted shows line extensions to the east to accommodate future development of that area. There are no other lands adjacent to Phase IV which require extension of the sanitary sewer lines in order to accommodate their development. The storm drain system for Phase IV will direct flows to the south, ultimately to a detention pond at the abandoned quarry as anticipated by the original Masterplan. This detention pond will be sized to accommodate the entire drainage in the southern drainage basin so that existing flows will not be increased offsite. Development of only the northern portion of Phase IV(lots 1-49) will not require that the entire proposed detention pond be built. A portion of the proposed detention pond (or about 80,000 cubic feet) may be built to handle lots 1-49. The storm drain plan submitted shows line extensions to the east to accommodate future development of that area. There are no other lands SUB200J-00062 MountainGate Phase 4 8 . . adjacent to Phase IV which require extension of the storm drain lines in order to accomm9date their development. Staff Response: Staff concurs tliat the submitted Conceptual Master Plans and tentative subdivision materials (plans, reports and analysis) address and generally comply with the above condition. .' Staff Finding: 1. Tentative approval is not final acceptance ofthe plans. Plat and PIP approval will require refinement of the preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals generally comply with the above condition for the purposes of Tentative Subdivision Approval. Final subdivision plans and Conceptual Master Plans shall be revised to reflect updated information prior to Final Plat Approval for this phase of development. 3. Detailed plans for streets, sanitary, and storm systems must be submitted with each phase of development which iuclude existiug and proposed contours of the site to enable an adequate review. of the location and routing of these systems. Applicant Submittal: A copy ofthe required submittal plans are included. These preliminary plans contain enough detail to evaluate the feasibility of this proposal. Future public improvement plans will provide a more detailed layout of the streets, storm drain and sanitary sewer system including slope, cover, size and alignment for Phase IV of the development. The. sanitary sewer system with site contours is shown on the Sanitary Sewer Master Plan. The storm sewer design methodology is outlined in the attached Drainage Study. Staff Response: Staff concurs that the submitted Conceptual Master Plans and tentative . subdivision materials (plans, reports and analysis) generally comply with the above condition. Staff Finding: I. The street, storm and sanitary designs and reports included in the proposal provide sufficient detail for a reasonable person to determine feasibility. Reports and design details must be revised during final plat and PIP review as conditioned herein and remain in substantial conformity with tentative submittals. Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals generally comply with the above condition for the purposes of Tentative Subdivision Approval. Final' subdivision plans and Conceptual Master Plans shall be revised to reflecl"updated information prior to Final Plat Approval for this phase of development. 4. The project construction engineering team shall include a geotechnical engineering firm which will be required to have a representative on-site to observe aU trenching, excavation, cut and fill operations during the development of the project. Applicant Submittal: Boire Associates (a geotechnical engineering firm) is a part of the design team. Boire Associates has completed a geotechnical investigation for the site. A copy of the report SUB200J-00062 MountainGate Phase 4 9 . . describing the investigatian is included with this submittal. Baire Assaciates will remain as the project geatechnical 'engineer ta produce a fallaw up repart far canstructian details and thraugh canstructian .of the public improvements ta .observe trenching, excavatian, cut and fill aperatians, Staff Respanse: Staff cancurs that the submitted Canceptual Master Plans and tentative subdivisian materials (street plans, gea-tech and hillside develapment reparts) as reviewed and approved .or submitted by the project gea-tech generally camply with the abave canditian, Staff Findings: 1. Effective abservatian aftrenching, excavatian and cut and fill aperatians by the cansulting gea-tech engineer requires caardinatian between cantractar persannel in the field, the geatech and City inspectars. 2. The mast effective way ta canvey infarmatian ta prafessianals in the field is with canstructian nates an the approved plans and specificatians cantained in subdivisian canstructian agreements. Canclusian: The applicant's prapasal camplies with the canditian far the purpases .of tentative approval but requires the fallawing canditian far full campliance and implementatian in the field: Canditian 3: Priar ta public improvement plan approval, the geatech shall: a) a geatech repart shall be included with the submittal .of public impravement plans that cantains canclusians and recammendatians far grading procedures, design criteria far carrective measures, and aptians and recammendatians ta maintain sail stability and minimize erosian .of the site (Canditian #1. Hillside Develapment approval DRC2003-00066), b) provide a specificatian statement far inclusian in the pl~s and canstructian dacuments that requires the geatech ta .observe trenching, excavatian, cut and fill aperatians, c) make recammendatians far drainage benches, private starm drain systems, and ather features as may be required at the tap .of all cut slapes and alang the expased face .of all cut and fill slapes ta reduce the patential .of erosian, d) prepare a General Canstructian Practice Statement far the plans restricting the canstructian .of embankments an tap .of sails with a plastic index greater than 30 and provide canstructian details far maintaining drailiage ta eliminate shrink swell problems evident in adjacent develapments, e) submit written c.oncurrence with the geatechnical aspects .of the project design and the canstructian plan. 5. Sewer design shall comply with the Springfield Development Code Section No. 32.100 and any other special provisions for hillside development that are approved and required by the City Engineer. SDC Section No. 32.100 abbreviated requires: o sewer mains to be at least 8 inches in diameter o sewer laterals to be at least 4 inches in diameter o main line sewers be designed to provide a minimum velocity of 2 fps o manholes be placed at all grade changes and truck line intersections SUB2003-00062 MountainGate Phase 4 10 . .. o cleanouts be placed at dead end streets o laterals be placed at right angles to the mainline sewer o sanitary sewers shall be planned for additional development as indicated in the Master Plan Applicant Submittal: All of the requirements ofSDC 32.100 have been complied with in the preliminary design of Phase IV. A detailed design to meet code requirements and City engineer evaluation occurs at the time pubic improvement plans are reviewed. Staff Response: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (plans, reports and analysis) generally comply with the above condition for the purposes oftentative subdivision approval. . Staff Finding: I. The above Master Plan condition includes and supercedes standard code provisions of SDC 32.100, reserving the authority of the City Engineer to review and approve sanitary sewer plans for compliance with hillside development provisions. Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals generally comply with the above condition for the purposes of tentative subdivision approval. Final subdivision plans and Conceptual Master Plans shall be revised to meet City Engineer's requirements as necessary to address hillside development conditions prior to I'll' and final Plat approval for this phase of development. 6. The Master Plan drawing shows sewers located along back lot lines. Unless otherwise approved, on a case-by-case basis, and at the sole discretion of the City Engineer, all pnblicly maintained sewer facilities must be located within street rights-of-way, or in easements immediately adjacent to the right-of-way, or in paved driveway or private street areas. The conceptual sanitary sewer plan may inclnde provisions for connecting up to 4 lots on private, shared, laterals in easements to eliminate the need for back yard sewers. These private sewers would require joint use, joint maintenance recorded agreements for the affected properties. In the event any public sanitary sewer manholes or mains are approved to be located in side-yard or rear-yard easements to connect to a downhill street, restrictions must be placed on these properties to prevent the construction of fences, landscaping, and other private improvements to ensure that adequate access is maintained for system maintenance. Applicant Submittal: The grading proposed by the design of Phase IV eliminates the need to locate sewers along back lot lines. All public sewer lines ,-,:i11 be located within public street right-of-way or public utility easements. Staff Response: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (plans, reports and analysis) generally comply with the above condition. Staff Finding: I. No rear yard public sewer lines are proposed, easements and access improvements have been provided to all public manholes and lines located outside public rights of way. 5002003.00062 MOWltainGate Phase 4 11 . . Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals generally comply with the above condition for the purposes of tentative subdivision approval. Final subdivision plans and Conceptual Master Plans will be revised as necessary to reflect any updated information prior to final Plat approval for this phase of development. 7. Sanitary sewers are to be extended to the boundaries of the development area in order to allow flexibility in determining how homes will hook up to the system and to provide more freedom in tree preservation and other considerations affected by tbe design and placement of structures on the affected lots. Sewers internal to the site must be sized to accommodate any flows that may be anticipated in the future from off-site development areas. The oversizing of the sanitary sewer system to provide for off-site development sball be pursuant to the existing City reimbursement policy. . Applicant Submittal: As shown on the Masterplan map for sanitary sewers, the system serving Phase IV consists of the southern most portion of the system serving MountainGate through Phases I and II and no opportunity exists to provide the external connections required by the Masterplan approval. The southerly system extends to 57th Street and provides a trunk Ime for additional internal development. The sewer plan submitted shows line extensions to the east to accommodate future development of that area. There are no other lands adjacent to Phase IV which requires extension of the sewer lines in order to accommodate their development. - Staff Response: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (plans, reports and analysis) generally comply with the above condition. Staff Finding: I. Iniernal mains and connections are shown on tentative plans and will be constructed in accordance with the final sanitary analysis approved by the City Engineer during PIP review: Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals generally comply with the above condition for the purposes of tentative subdivision approval. Final . subdivision plans and Conceptual Master Plans will be revised as necessary to reflect any updated information prior to final Plat approval for this phase of development. 8. Prior to or concurrent with the submittal of Phase I, the developer must provide mapping of the boundaries of internal and adj acent sewer basins, an analysis of the sewer tril:1utary areas, both on-site and off-site, and the site system capacity to ensure that adequate capacity and appropriate connection points are provided. Construction of sanitary sewers must be done in a logical sequence that corresponds to the phasing of the development. Applicant Submittal: The attached Sanitary Sewer Master Plan illustrates the proposed service boundaries of internal and adjacent sewer basins. Phases I and II are entirely located within the north service basin. This basin connects to an existing 12" line in the McKenzie Highway that, according to City staff, has capacity to accommodate the additional flow from the development. -The northern service area has been expanded to serve as large an area as practical. Based on the original Master Sewer Plan an additional 6 acres or about 20 lots were added to the north system and removed froni the southwest system. A capacity analysis of this north system has been conducted and the appropriate pipe sizes and stub-out locations are proposed which will provide the necessary infrastructure for future phases as shown on the sanitary sewer plan. Gravity service SUB2003-00062 MountainGate Phase 4 12 . . from the east and southerly sewer basins into the northern basin is not available due to topography. As stated in Condition 9 below, gravity sewer is available to the site. The sewer design for each of the east and south basins will be submitted with any application for development within those basins. ' The south basin consists of 130 proposed single family units, 200 proposed muti-family units and 40 (estimated) future units from off site for a total of 3 70 units. The estimated sanitary sewer flow can be calculated by using 100 gallons per day per person and using 3 persons per unit for 111,000 gallons per day. With a peaking factor of3.5 and converting to cubic feet per second, the peak flow is estimated to be 0.60 cubic feet per second. Assuming 67% full, the minimum slope for an 8" pipe is 0.29%. Since the minimum design slope for an 8" sanitary sewer pipe is 0.4% (for cleansing velocities) it can be concluded that an 8" sanitary sewer pipe is adequate. Staff Resnonse: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (plans, reports and analysis) generally comply with the above condition. Staff Finding; 1. Mains and connections shown on tentative plans will be constructed in accordance with the final sanitary analysis refilled to include all basins identified by the City Engineer during PIP review. Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals generally comply with the above condition for the purposes oftentative subdivision approval. Final subdivision plans and Conceptual Master Plans will be revised as necessary to reflect any updated information prior to final Plat approval for this phase of development. 9. Temporary public sewer pump statious will not be allowed since gravity sewer senice is available to this site. If the applicant anticipates the use of temporary statious, then 'this issue must be addressed atthe time of submittal of Phase I in the context of the project phasing plan. The pump station at the east end of the Private Drive in the northeast quadrant of the development will not be accepted as 'a public facility. Applicant Submittal: There are no temporary or permanent private or public pump stations proposed. Staff Response: This condition does not apply to the tentative plans submitted for this phase of development. Conceptual Master Plans are unaffected. ' 10. Sewer design for each phase shall address specific problems and special design considerations for steep hillside development such as flow velocity, energy dissipation, turbulence in manholes and bends and restraints on pipe movement. Applicant Submittal: Phase IV has been designed to minimize the amount of utility trenches that have slopes over 10%. A trench drainage system for the public sanitary sewer is proposed for all trenches exceeding a 10% slope. Flow rates and velocities for the main sewer lines have been evaluated to determine if special energy dissipation measures will be needed. According to the City of Springfield's Engineering 5U82003-00064 MountainGate Phase 4 13 . . Design Standards and Procedures, pipe flow velocities exceeding 15 feet per second will need special provisions to protect the pipe and manholes against erosion and displacement by shock. The pipe flow velocities in Phase IV were found to be less than 8 feet per second; therefore, energy 'dissipation within the'pipe system does not appear to be necessary. Staff Response: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (plans, reports and analysis) generally comply with the above condition, Staff Finding: I. All systems shown on tentative plans will be constructed in accordance with the final sanitary analysis refined during PIP review, The final sewer analysis shall address the above condition. Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals address the above issue and generally comply with the condition for the purposes of tentative subdivision approval. Final plans and reports must continue to address the condition. The following condition is applied for ongoing compliance during PIP and [mal Plat approval for this phase of development: Condition 4: Prior to Public Improvement Plan approval the final sanitary plans and reports shall address specific problems and special design considerations for steep hillside development such as flow velocity, energy dissipation, turbulence in manholes and bends and restraints on pipemovement as required by the City Engineer. ' 11. Trench drainage measnres, or other approved methods of handling flow of water in trench backfIll, mnst be incorporated into all trench sections with slopes exceeding 10 percent and elsewhere when reqnired by the City Engineer. Applicant Submittal: A trench drainage system for the public sanitary sewer is proposed for all trenches exceeding a 10% slope. The primary function of the trench drainage system is to dewater the trenches on the upstream side of manholes, or any other apparatus that interrupts subsurface flow within the trench section. This is accomplished by placing a perforated pipe within the trench, just upstream of the structure. The perforated pipe will be hard piped to the storm system as shown on the attached detail. Staff Response: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (plans, reports and analysis) address and generally comply with the above condition. Staff Finding: I. The above condition is implemented during construction review as required by the City Engineer. All trench systems will be constructed in accordance with the designs approved by the,City Engineer during PIP review. The PIP submittal shall address the above condition. Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals address the, above issue and generally comply with the condition for the purposes of tentative subdivision SUB2003-00064 MountainGate Phase 4 14 . . approval. Final plans and reports must continue to address the condition. The following condition . is applied for ongoing compliance during PIP and final Plat approval for this phase of development: Condition 5: Prior to Public Improvement Plan approval trench drainage measures, or other approved methods of handling flow of water in trench backfill, must be incorporated into all trench sections with slopes exceeding 10 percent and elsewhere as required by the City Engineer. 12. Curved sewers may be considered on a case-by-case basis, with approval at the sole discretion of the City Engineer. Any curved sewers must be designed with a curve radius of not less than 150 percent of the manufacturer's recommended minimum radius for the given pipe size and material. Combination horizontal and vertical curves between manholes will not be permitted. All curved sewers must include tracer wires wrapping the pipes and marking tape in the trench. Applicant Submittal: No curved sewer lines are proposed in Phase IV. Staff Response: This condition does not apply to the tentative plans submitted for this phase of development. Conceptual Master Plans are unaffected. STORM DRAINAGE 13. Storm drainage design shall comply with the Springfield Development Code Section No. 32.110 and any other special provisions for hillside development that are approved and required by the City Engineer. Applicant Submittal: The storm drainage system was designed to comply with the SDC 32.110 and other provisions for hillside developments. The following requirements as defined in SDC 32.1 10 are complied with: . . The major channel shall have sufficient capaCity to contain a lO-year frequency of occurrence run-off. . Secondary drainage. channels and conduits shall have sufficient capacity to contain a 5-year frequency of occurrence run-off. . Minor drainage channels and conduits shall have sufficient capacity to contain a 2- year frequency of occurrence tun-off. it The minimum conduit size of 10" and minimum velocity of 3 feet per second are complied with. . . Manholes are proposed at all vertical and horizontal alignment changes and pipe intersections. The maximum distance between manholes is 500 feet. . Catch basin type shall be specified by the City Engineer and no more than two catch basins on one lateral. , . Drainage facilities accommodate potential run-off from its entire upstream drainage area. . The proposed run-off will notoverload the existing drainage facilities. . Drainage management practices shall include: Temporary ponding, permanent, storage basin, minimizing impervious surfaces, emphasizing natural water percolation and natural drainage ways, preventing water flowing from the roadway in SUB2003-00064 MOWltainGate Phase 4 15 . . an uncantrolled fashian, stabilizing natural drainage ways as necessary belaw drainage and culvert discharge paints far a distance sufficient to. canvey the discharge withaut channel erosian and an-site canstructed wetlands. Staff Respanse: Staff cancurs that the submitted Canceptual Master Plans and tentative subdivisian materials (plans, reparts and analysis) address and generally camply with SDC 32.110 and the abave canditian. Staff Findings: 1. Tentative approval is nat final acceptance afthe plans. Plat and PIP approval will require refinement af the preliminary reparts and designs in substantial canfarmity with the tentative plans as canditianed herein during PIP and Plat review. 2. The abave canditian is ultimately implemented during canstructian review as required by the City Engineer. All systems shawn an tentative plans will be canstructed in accardance with the final starm water and wetland flaw reparts appraved by the City Engineer during PIP review. The final reparts shall be refined to. further address the water. quality standards af SDC 32.110 subject to. City Engineer approval. Canclusian: The applicant's Phase IV and revised Canceptual Master Plan submittals address the abave issue and generaily camply with the canditian far the purpases aftentative subdivisian approval. Final plans and reparts must cantinue to. address the canditian. The fallawing canditian is applied far angaing campliance during PIP and final Plat approval far this phase af develapment: Canditian 6 : Priar to. Public Impravement Plan appraval, the fmal starm water system designs shall be revised to. camply with starm water and wetland flaw analyses as required by the City Engineer. The plan shall include: (a) An analysis afthe drainage tributary areas bath an-site and off-site, and the site system capacity to. insure that adequate capacity is available. (b) The starmwater design shall address patential prablems and special design cansideratians far steep hillside develapment such as flaw velacity, energy dissipatian, turbulence in manhales and bends and restraints an pipe mavement. (c) Design af the starm drainage system must be dane so that no. net change in valume ar flaw rate is experienced in any afthe wetlands an or adjacent to. the site. (d) All prapased ar required detentian pands must include water quality measures ar water quality Best Management Practices must be incarparated into. the averall design afthe master stormwater system sufficiently to. camply with Sectian 32.110(4) as determined by the City Engineer. (e) Priar to. or can current with the develapment oflats within Phase IV lacated South of Lats I through 49 and the North Cluster the applicant shall provide 8UB2003-00064 MountainGate Phase 4 16 . . detailed plans for the detention ponds proposed at the quarry park site. (f) Storm water from public facilities onto private property is prohibited and all lots tributary to such storm drains will be restricted from development until a connection to a public system is provided. 14. The storm sewer system shall be constructed in a manner that provides a storm sewer lateral to every lot for conveyance of roof drains, building foundation drains, and private property surface and underground drainage. These storm laterals shall not be permitted to drain to the gutter. Applicant Submittal; Each lot within the Phase IV MountainGate development is supplied with a storm sewer stub to the public system.. Staff Response; Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (plans, reports and analysis) address and generally comply with the above condition. Staff Finding; I. Laterals are provided for all storm water flows from individual lots. These laterals shall not drain to the curb gutter. Conclusion; The applicant's Phase IV and revised Conceptual Master Plan submittals generally comply with the above condition for the purposes of tentative subdivision approval. Final subdivision plans and Conceptual Master Plans shall be submitted in substantial conformity with the approved tentative plans. 15. All publicly maintained drainage facilities must be located within street rights-of-way, or in easements immediately adjacent to the right-of-way, or paved driveways or private streets unless otherwise approved, on a case-by-case basis, and at the sole discretion of the City Engineer. Applicant Submittal: All publicly maintained drainage facilities are located either in the street right- of-way or easements. The easements shall be paved to the last manhole. See the submitte4 plans for more detail. Staff Response; Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (plans, reports and analysis) address and generally comply with the above condition. Staff Finding; I. All publicly maintained drainage facilities (including but not limited to pipes, manholes, inlets, outfalls, dissipaters, swales, ponds) have been located to provide all weather access on the preliminary plans and a final easement plan is a requirement of this approval, (Conditions #1 and 10). SUB2003-00064 MountainGate Phase 4 17 . . Conclusion: The applicant's Phase N and revised Conceptual Master Plan submittals address and generally comply with the above condition for 'the purposes of tentative subdivision approval. 16. Drainage lines must be extended to the easterly and southerly project boundaries to handle storm runoff from impenious surfaces created by the development and to address proposed development on the subject property that would affect, and be affected by, the natural drainage on the subject property from adjacent properties. Storm drains internal to the site must be sized to accommodate any flows that may be anticipated in the future from off-site development areas. The oversizing of the storm sewer system to provide for off-site development shall be pursuant to the existing City reimbursement policy. Applicant Submittal: As shown on the MasterPlan map for storm drains, the system serving Phase N consists ofthe southern most drainage basin, which empties into the proposed detention pond. Storm drain pipes will be stubbed to future phases. There are no other lands adjacent to Phase IV which requires extension of the storm drain lines in order to accommodate their development. . Staff Response: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (plans, reports and analysis) address and generally comply with the above condition. Staff Finding: I. All systems shown on tentative plans will be constructed in accordance with the fmal storm water and wetland flow reports appr~JVed by the City Engineer during PIP review. Oversizing of the storm sewer system to provide for off-site development shall be pursuant to the existing City reimbursement policy. Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals address and generally comply with the above condition for the purposes ofteritative subdivision approval. Revisions to the plans as may be required by the City to address specific final design details and issues will be made through the PIP and final Plat review process. 17. For each phase of development the developer must provide an analysis of the drainage tributary areas, both on-site and off-site, and the site system capacity to ensure that adequate capacity is provided. . Applicant Submittal: The Drainage Study discusses capacity ofthe detention system and illustrates the tributary area of the on-site and off-site properties to be served by the system. The on-site stormwater piping system will be sized to convey the design storm event without surcharge. ' Staff Response: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (plans, reports and analysis) address and generally comply with the above condition. Staff Findings: SUB200J-00064 MountainGate Phase 4 18 . . 1. All systems shown on tentative plans will be constructed in accordance with the fmal storm water and wetland flow reports approved by the City Engineer during PIP review. The fmal reports shall address capacity issues subject to City Engineer approval. 2. The applicant has been required at Condition #6 of this report to submit final storm water plans and reports addressing the above Master Plan condition. Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals address and generally comply with the above condition for the purposes of tentative subdivision approval. Revisions to the plans as may be required by the City to address specific fmal design details and issues will be made through the PIP and fmal Plat review process. 18. Storm drain design for each phase shall address potential problems and special design considerations for steep hillside development such as flow velocity, energy dissipation, turbulence in manholes and bends and restraints on pipe movement. Applicant Submittal: The subdivision was designed to minimize grades over 10% and avoid the problems incurred with steep pipe construction. Where pipe grades do exceed 10%, special hillside design elements will be incorporated into the plans to ensure the storm water system will be protected against higher energy flows and turbulence in the system. The following is summary of the special design elements that will be included in the project: Pipes on 'slopes greater than 10% will be restrained from movement via concrete pipe anchors. A trench drainage system is proposed on all public storm drains exceeding a 10% slope. The trench drain has been designed to dewater the trenches on the upstream side of manholes or other apparatus that interrupts subsurface flow. Flow rates and velocities for the main storm lines have been evaluated to determine the higher energy locations (flow velocities greater than 15 feet per second). At these locations, the manholes were placed at sufficient spacing to limit the maximum change in flow direction to 45 degrees. The base of the manholes will be shaped to match the average slope of the inlet pipe and the outlet pipe to reduce turbulence and minimize hydraulic jumps. The open channel component of the system is protected from erosive velocities by retention of existing vegetation. Staff Response: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (plans, reports and analysis) address and generally comply with the above condition. Staff Findings: 1. All systems shown on tentative plans will be constructed in accordance with the fmal storm water and hillside development reports approved by the City Engineer during PIP review. The final reports shall address the above issues subject to City Engineer approval. SUB200J-00064 MountainGate Phase 4 19 . . 2. The applicant has been required at Condition #6 of this report to submit final storm water plans and reports addressing the above Master Plan condition. Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals address the above issue and generally.comply with the condition for the purposes oftentative subdivision approval. Revisions to the plans as may be required by the City to address specific final design details and issues will be made through the PIP and final Plat review process. 19. Trench drainage measures, or acceptable alternatives to control water flow in trench backfill, must be incorporated into all trench sections with slopes exceeding 10 percent or as required by the City Engineer. Applicant Submittal: Trench drainage systems for the public sewer is proposed for all trenches exceeding a 10% slope. The primary function of the trench drainage system is to dewater the trenches on the upstream side of manholes, or any other apparatus that interrupts subsurface flow within the trench section. This can be accomplished by placing a perforated pipe within the trench, just upstream of the structure. The perforated pipe will be hard piped to the storm system as shown on the attached detail. Staff Response:' Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (plans, reports and analysis) address and generally comply with the above condition. Staff Findings: I. Tentative approval is not final acceptance of the plans. Plat and PIP approval will require refinement of the preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. 2. The above condition is implemented as Condition #5 of this report. Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals address and . generally comply with the above condition for the purposes of tentative subdivision approval. Revisions to the plans as may be required by the City to address specific [mal design details and issues will be made through the PIP and fi,nal Plat review process. 20. Curved' storm draIns must be considered on a phase basis, with approval at the sole discretion of the City Engineer. Any curved storm drains must be designed with a curve radius of not less than 150 percent of the manufacturer's recommended minimum radius for the given pipe size and material. Combination horizontal and vertical curves between manholes will not be permitted. All storm drains must include tracer wires and marking tape in the trench. Applicant Submittal: Curved sewers are not proposed within Phase IV of the development. Staff Response: This condition does not apply to the tentative plans submitted for this phase of development. Conceptual Master Plans are unaffected. SUB2003-00064 MountainGate Phase 4 20 . . 21. Design ofthe storm drainage system must be done so that no net change in volume or flow rate is experienced in any of the wetlands on or adjacent to the site. Applicant Submittal: A wetlands flow analysis for Phase IV is attached to this document. The analysis calculates existing and proposed flows into the~wetland area within Phase IV and concludes that there will be no significant change. Staff Response: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (plans, reports and analysis) address and generally comply with the above condition~ Staff Findings: I. The above condition is preliminarily met by the submitted report, but ultimately implemented during construction review ~ All storm water systems will be constructed in accordance with the final reports and designs approved by the City Engineer during PIP review. The PIP submittal shall address the above condition~ 2~ Tentative approval is not final acceptance of the tentative plans or preliminary reports~ Plat and PIP approval will require refinement of the preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals address and generally comply with the above condition for the purposes of Tentative Subdivision Approval. The Subdivision Plat, PIP plans and Conceptual Master Plans shall be revised to reflect final designs and reports demonstrating substantial conformity with the tentative plans as required herein at Condition #6~ 22. The project shall incorporate the standard drawings for development of hillside areas recommended in Appendix A the Hillside Pavement Distress Study, 1994, by Dames & Moore (please see Attachment 1), deviations from these requirements may be considered on a case-by-case basis, at the sole discretion of the City Engineer, during the development of each pha~e. Apulicant Submittal: Phase IV has been designed to minimize steep street slopes and to control surface water. On streets that exceed 10% grades the following standards were incorporated~ There are four standard drawings identified in the Hillside Pavement Distress Study: Drawing A-I, Hillside Storm Sewer Connection Retrofit Section This standard drawing specifies the method to disconnect existing lot drainage from weep holes, ~ and hard pipe them to the storm main pipe. The proposed MountainGate development will provide a lateral to each lot, as further discussed in Condition l4~ Discharging site water to the street gutter is not included in the design for this development. Drawing A-2, Hillside Trench Drain Detail This detail is incorporated into the longitudinal drainage system along the uphill side of the streets: Proposed location of each of the trench drains is shown on the Construction Drawings and in the SUB2003-00064 MountainGate Phase 4 21 . . drainage report. The perforated pipe in the trench drains will be connected to area drains and hard piped into tJ:e public system. Drawing A-3, Hillside Combination Drain Detail This detail is incorporated into the longitudinal drainage system along the uphill side of the streets. The proposed location of each of the combination drains is shown on the Construction Drawings and in the drainage report. The perforated pipe in the trench drains will be connected to area drains and hard piped into the public system. Drawing A-4, Hillside Seepage Collection Blanket Detail This standard drawing illustrates a method to collect subsurface drainage seeping from the ground within a roadway section. The location of these seepage areas, if any, will not be known until sub grade excavation has been completed. A geotechnical engineer will be on-site during the excavation phase of the project to assist in identifying the seepage areas. A seepage blanket as shown on this detail will be installed where determined necessary by the geotechnical engineer, civil engineer, or city engineer. Staff Response: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (plans, reports and analysis) address and generally comply with the above condition. ~ Staff Finding" I. Tentative approval is not final acceptance of the tentative plans or preliminary reports. Plat and PIP approval will require refinement ofthe preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP ar:d Plat review. 2. The above condition is implemented during construction review as required by the City Engineer. All hillside improvements will be constructed in accordance with the designs . approved by the City Engineer during PIP review. The PIP submittal shall address the above condition. Conclusion: The applicant's Phase IV and revised .Conceptual Master Plan submittals address the above issue and generally comply with the condition for the purposes of tentative subdivision .. approval. Final plans and reports must continue to address the condition. The following condition is applied for ongoing compliance during PIP and Final Plat Approval for this phase of development: Conditimi 7: The Public Improvement Plan submitted for approval shall incorporate the standard drawings for development of hillside areas recommended in Appendix A the Hillside Pavement Distress Study, 1994, by Dames & Moore (please see Attachment I), deviations from these requirements may be considered on a case- by-case basis, at the sole discretion of the City Engineer, during the development of each phase. 23. During the design of each phase of the project; the developer shall provide catchbasin- sizing calculations to show that adequate inlet capacity is provided to capture all of the water flowing in the street. Catch basin design shall include the following considerations: SUB2003-00064 MountainGate Phase 4 22 . . length of run on the street; velocity of flow in gutter bar; volume of flow in gutter bar; cnrb openings with depressed gutter bars np-slope of catch basins; and the control of flow past catch basins. Applicant Submittal: Preliminary catch basin sizing calculations are included in this submittal. Staff Response: Staff concurs that the submitted Conceptual Master Plans and tentative ~ subdivision materials (plans, reports and analysis) address and generally comply with the above condition. Staff Findings: I. Tentative approval is not final acceptance ofthe tentative plans or preliminary reports. Plat and PIP approval will require refinement of the preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. 2. The above condition is implemented during construction review as required by the City Engineer. All storm water collection systems will be constructed.in accordance with the designs approved by the City Engineer during PIP review. The PIP submittal shall address the above condition. Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals address the above issue and generally comply with the' condition for the purposes of tentative subdivision approval. Final plans and reports must continue to address the condition. The following condition is applied for ongoing compliance during PIP and Final Plat Approval for this phase of development: Condition 8: With submittal of Public Improvement Plans the developer shall provide catchbasm-sizing calculations to show that adequate inlet capacity is provided to capture all ofthe water flowing in the street. Catch basin design shall include the following considerations: length of run on the street; velocity of flow in gutter bar; volume of flow in gutter bar; curb openings with depressed gutter bars up- slope of catch basins; and the control of flow past catchbasins. 24. For each phase, the City Engineer shaD review and approve drainage methods. Applicant Submittal: Preliminary drainage methods are outlined on the design plans and within the storm water drainage plan. Final design details will be submitted with the public improvement plans and are subject to approval by the City engineer. Staff Response: The above condition is generally met by the applicant upon submittal of reports, plans and designs; requiring City Engineer approval during construction review for full compliance. All storm water systems will be constructed in accordance with the fmal. reports and designs approved by the City Engineer during PIP review. Staff Finding: 5UB2003.00064 MountainGate Phase 4 23 . . 1. Tentative approval is not fmal acceptance of the tentative plans or preliminary reports. Plat and PIP approval will require refinement of the preliminary reports and designs in substantial confonnity with the tentative plans as conditioned herein during PIP and Plat review. Conclusion: The applicant's Phase IV storm water and revised Conceptual Master Plan submittals address and generally comply with the above condition for the purposes of Tentative Subdivision Approval. The storm water plans, Plat and Conceptual Master Plans shall be revised to reflect fmal designs and reports demonstrating substantial conformity with the tentative plans as required herein at Condition #6. 25. Driveway curb cuts and approaches shall be designed to prevent water flowing in the gutter from entering private properties with emphasis on the outside of curves on steep . down slopes. Auulicant Submittal: The driveway design will be per the City of Springfield Standard Drawing 3- 9 which provides conformance with this condition. There are no driveways on steep slopes or other conditions within Phase IV which require specific consideration beyond adopted City standards. StaffResuonse: This condition does not apply to the tentative plans submitted for this phase of development. Conceptual Master Plans are unaffected. 26. The maintenance of water quality or detention ponds which serve a: single development are the responsibility of the developer or property owners of the development. Prior to approval of the first subdivision tentative plat for any phase of the development, the developer and the City shall enter into an agreement specifying responsibilities for the long- term access and maintenance of the storm drainage detention and water qnality ponds. Auplicant Submittal: A detention/water quality facility will be located at the toe of the slope at the abandoned quarry. A preliminary design for the facility is included.in the stann water and grading plans submitted. The applicant and City are currently discussing options for facility maintenance. Prior to fmal plat approval, an agreement specifying the responsibilities of the detention/water quality pond will be completed. Staff Resuonse: Staff concurs that negotiations between the City and the applicant for long term maintenance of the ponds and swales on Phases 1 and 4 have begun. Staff Findings: 1. The design and construction of the storm water detention ponds and water quality swales located on any phase of the development is subject to approval by the City Engineer prior to Plat approyal. 2. The applicant is required to provide easements and all weather. access to the public facilities serving the ponds and swales as conditions of this approval. 3. Staff interprets the condition to mean that the agreement for long term maintenance of storm water facilities must be signed before a tentative pla(n) for any phase of the development SUB200J.00064 MountainGate Phase 4 24 . . can receive pla(t) approval such that final designs ofthe facility can be considered in the agreement. 4. The current DSL permit requires the applicant to record a restrictive covenant upon the mitigation site within Phase 4 to protect its long term use as ,a wetland site. Conclusion: The condition requires action prior to final plat approval. The applicant has submitted tentative storm water plans and revised Conceptual Master Plan submittals for Phase IV and initiated negotiations for long term maintenance of ponds and swales. As conditioned below it is reasonable to assume the condition can be met prior to plat approval: Condition 9: Prior to Plat approval of Phase 4; (a) An agreement between the City and the applicant for the long term maintenance of storm water ponds and water quality swales located on Phase 4 shall be signed. (b) Deed restrictions shall be placed upon the upper swale area to be established as open space and upon the detention pond to assure retention of their continued use for stormwater management. 27. All proposed or required detention ponds must include water quality measures or water quality Best Management Practices must be incorporated into the overall design of the master stormwater system sufficiently to comply with Section 32.110(4) as determined by the City Engineer. Aoolicant Submittal: Water quality design features have been incorporated into the preliminary plans as much as possible for this stage of design. Public improvement plan submittal will include the following drainage management practices: temporary ponding, permanent storage basin, minimizing impervious surfaces, emphasizing natural water percolation and natural drainage ways, preventing water flowing from the roadway in an uncontrolled fashion, stabilizing natural drainage ways as necessary below drainage and culvert discharge points for a distance sufficient to convey the discharge without channel erosion and on-site constructed wetlands. Staff Resoonse: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (wetland permits and storm water plans, reports and ~alyses) address and generally comply with SDC 32.11 0(4) and the above condition. Staff Findings: I. Tentative approval is not final acceptance of the plans. Plat and PIP approval will require refinement of the preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. 2. The above condition is ultimately implemented during construction review as required by the City Engineer. All systems shown on tentative plans will be constructed in accordance with the final storm water and wetland flow reports approved by the City Engineer during PIP review. The fmal reports shall refine and further address the water quality standards of SDC 32.110 subject to City Engineer approval. SUB200J-00064 MountainGate Phase 4 25 . . Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals address the above issue and generally comply with the conditjon for the purposes of tentative subdivision approval. Final plans and reports must continue to address the condition. As conditioned herein at Condition #6, the submittal will fully comply prior to PIP and final Plat approval for this phase of development. 28. Prior to or concurrent with development of any phase south of Line" A" on Exhibit 2, Appendix E, the applicant shall provide detailed plans for the detention ponds proposed at the" SchoollPark" site. Applicant Submittal: Under this condition the detailed plans must be approved by the City prior to platting the portion of Phase IV lying south of Lots I through 49. However the original Masterplan storm drainage design has been changed so that some of the lots north of Line "A" will rely upon storm drainage into the southern detention basin. Therefore a design for the southern (SchoollPark) detention pond is submitted with this application. Staff Response: Staff concurs that Phase IV includes development south of Line A and the submitted Conceptual Master Plans and tentative subdivision materials (wetland permits and storm water plans, reports and analyses) constitute detailed plans for the detention pond located at the quarry/park site. Staff Finding: I. The above condition is generally met for tentative approval by the applicant upon submittal of reports, plans and designs. Tentati~e approval is not final acceptance of the plans. Plat and PIP approval will require refinement of the preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals satisfy the above condition for the purposes of Tentative Subdivision Approval. As conditioned herein at Condition 6 for City Engineer approval of storm water plans, the submittal will continue to comply throughout PIP and Final Plat Approval. 29. Prior to or concurrent with the development application for any phase north of Line "A" on Exhibit 2, Appendix E, the applicant shall provide detailed plans forthe detention pond and wetland mitigation near Aster Street and MountainGate Drive. Applicant Submittal: The design of the wetland mitigation area and detention pond north of line "A" has been completed. The pond is shown on the construction drawings for Phases I and II and the approved mitigation plan is attached. Staff Response: The Phase IV area is not contributing storm water to the Aster Street detention pond or wetland mitigation area, therefore this Master Plan condition does not apply to this phase. 30. For all publicly maintained ponds, maintenance vehicle access must be provided around the entire perimeter of each pond. For publicly maintained open drainage channels, access paths, a minimum of 7 feet wide, must be provided along at least one side of every channel. Access must also be provided and guaranteed for all storm drain manholes located outside of a street right-of-way. SU82003.00064 MountainGate Phase 4 26 . . Applicant Submittal: As currently required the pond and drainage channel (wetland area) will be privately maintained by the homeowner's association. Access to the pond will be via the MountainGate Drive with a 14 foot wide access road along its southern boundary. All stormwater manholes are proposed to be located within right-of-way areas except for two locations; the private drive east of Lots 24 through 28 and between Lots 44 and 47. A 20' wide paved surface width along with a 20' wide public utility easement will provide access to the manholes located in these areas. Staff Response: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (plans, reports and analysis) address and generally comply with requirements for access to the pond at the quarry site and public manholes. Staff Finding: 1. As required by the condition and as specified by City Maintenance personnel, additional access must be provided to public facilities located in and adjacent to wetland and swale area~ located north of the quarry. Conclusion: As submitted and conditioned below, the applicant's plans for access to public storm water facilities address the Master Plan and generally comply with the condition for the purposes of Tentative Subdivision Approval. Tentative approval is not final acceptance of the plans. Plat and PIP approval will require refinement of the preliminary designs in substantial conformity with the tentative plans and conditions: Condition 10: Prior to Public Improvement Plan approval, the final storm water system access designs shall be revised to provide the following facilities as approved by the City Engineer: a) A blanket maintenance access easement in favor of the City shall be recorded for the park detention pond area and the open spaces containing the wetlands and upper drainage swale. b) An all weather access road will be provided from MountainGate Road to the inlet and outlet facilities between the detention pond and the wetland mitigation area at the park site. The access shall be a minimum of 12' wide, 80,000 lb capacity and shall include a turn around and Public Works keyed bollard for access control at a location identified by the Maintenance Division during PIP design. c) The access way between Lots 97-98 and 44-47 shall provide an access way to the open space that is a minimum of 12' wide, 18% maximum grade and shall include a Public Works keyed bollard for access control at a location ideniified by the Mainienance Division during PIP design. 31. Discharge of stormwater from public facilities onto private property is expressly prohibited and all lots tributary to such storm drains will be restricted from development until a connection to a public system is provided. SUB200J-00064 MountainGate Phase 4 27 . . Applicant Submittal: The primary public storm water discharge location will be into an existing 24 inch public stormwater facility located at Weyerhaeuser Road north of Mt.Vernon Road. A secondary discharge point is to an existing ditch that parallels Weyerhaeuser Road, but the flow is limited to existing flow rates. There is no discharge of storm water from public facilities onto private properties. Staff Response: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (wetland permits and storm water plans, reports and analyses) address and generally comply with the above condition for the purposes of Tentative Approval. Staff Findings: 1. Tentative approval is not final acceptance of the plans. Plat and PIP approval will require refinement ofthe preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. 2. The above condition is ultimately implemented during construction review as required by the City Engineer. All systems shown on tentative plans will be constructed in accordance with the final storm water and wetland flow reports approved by the City Engineer during PIP reVIew. Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals address the above issue and generally comply with the condition for the purposes oftimtative subdivision approval. Final plans and reports must continue to address the condition. As conditioned herein at Condition #6, the submittal will fully comply prior to PIP and final Plat approval for this phase of development. 32. The design engineer shall incorporate drainage benches, private storm drain systems, and other featnres 'as may be recommended by the project geotechnical engineer and approved by the City Engineer, at the top of all cut slopes, and along the exposed face of all cut and fIll slopes to reduce the potential of erosion on these slopes. Applicant Submittal: The design submitted with this application, specifically the grading plan, has been developed according to recommendations of and in consultation with the project geotechnical engineer, Todd Boire. Additional recommendations to be'made in report form by the project geotechnical engineer at the specific construction design stage will be included in the public improvement plan submittal. Staff Response: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (street and drainage plans, geo-tech and hillside development reports) as reviewed or submitted by the project geo-tech and showing known cut and fill areas, generally comply with the above condition. Staff Findings: I: The above condition is generally met by the applicant upon submittal of reports, plans and designs; requiring City Engineer approval during construction review for full compliance. SUB2003-00064 MountainGate Phase 4 28 . . 2. Tentative approval is not final acceptance of the tentative plansoi preliminary reports. Plat and PIP approval will require refinement of the preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. 3. The applicant has been required at Condition #3 of this report to submit recommendations for systems or features necessary to address erosion control on a geo-technical scale for review and approval by the City Engineer prior to PIP and Plat approval. Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals address and generally comply with the above condition for the purposes of tentative subdivision approval. As required herein at Condition #3, this requirement will be fully implemented during PIP and Plat approval. . . TRANSPORTATION 33. The following design modifications shall be made: a. A variance reqnest must be submitted for K, M and I Streets and any other location where the maximum length of a cul-de-sac (dead end street), excluding the bulb, exceeds 400 feet. Applicant Submittal: A 600 foot long dead end road is proposed to serve access to Lots 121 through 130. Prior to construction of this road or submittal of a final plat for these lots a variance to allow a dead end road exceeding 400 feet must be approved. in the event that a variance is not approved, the lots must be reconfigured to limit the road length to 400 feet and to use parallel panhandle access strips to serve the westerly lots. Staff Response: The City Public Works Transportation Planning Engineer reviewed the submittal and submitted the following findings, conclusions and conditions (McKenney, DRC Comments 2/27/02). Staff Findings: 1. The street section identified as Street D on the Master Plan conceptual street plan along the west ridge line is proposed as a dead end street on the current submittal. 2. Access to Lots 122 through 128 is proposed via a 480-foot cul-de-sac ending in a "hammerhead" turnaround. SDC 32.020 (5) specifies that, "A cul-de-sac, exchiding the bulb, shall have a minimum length of 65 feet and shall have a maximum length of 400 feet. A cul-de-sac shall terminate with a circular turnaround, or bulb, with a minimum diameter of right of way and paving as shown in Table 32-1." 3. SDC 26.080(2) gives the Director the authority to modify the standards of this code. for length and width of public right of way, pavement width, and the design of sidewalks when adequate parking is provided. 4. The Director finds that due top the steepness of slope and lack of ability for connectivity the modification is justified and granted. Conclusion: The above general and specific findings lead to the conclusion that the submittal conceptually complies with the Master Plan principles for connectivity and access. The following condition of approval is applied to ensure full compliance with the Master Plan .conditions and the 5U82003-00064 MountainGate Phase 4 29 . . tentative plans prior to PIP or Plat approval: Condition II: Prior to PIP approval for the street design at Lots 122-128, the applicant must have the proposed designs for turn around and street length approved by the Fire Marshall for emergency vehicle access. b. The length of a temporary dead end local street (due to phasing sequence) cannot exceed 1000 feet. Local dead end streets in excess of City standards shall not be allowed without a financial guarantee (bond) that the street will be completed through to another outlet point within three years. The temporary dead end street will always provide appropriate turnarounds for emergency vehicles. Applicant Submittal: A 400 foot long temporary dead end local street will be created by the platting of Phase IVa (Lots 1 through 49) prior to constructing the remaining portion of Phase IV. The road' will be along the east boundary of Lots 15 through 19. Prior to the platting of Phase IVa, a bond for completion of the loop road within a three year time period will be required. A temporary turn around or secondary loop access will be constructed during the construction of Phase IV a. Staff Response: Staff interprets the Master Plan condition to require a completion bond and turnarounds for temporary dead end streets in excess of the City standards (400'); in no case shall the dead end street extend beyond 1000 feet. Staff Findings: I. As proposed, a street in excess of 400 feet and requiring a completion bond and turnaround is created on the first expected construction and platting sub-phase of this submittal (4a - Lots 1 - 49). 2. Temporary dead end turn around facilities may include looping of construction access roads as approved by the Fire Marshall during PIP review. Conclusion: As conditioned to provide the required bond and turn around, the submitted Conceptual Master Plans and tentative subdivision materials (Progression of Development Plan, Street, Grading and Storm Water Plans) address phasing of construction and platting and generally comply with the above condition for the purposes of tentative approval. Final plans and reports must continue to address the condition. The following condition is applied for full compliance with the tentative approval during construction and design: Condition 12: Prior to PIP approval for the street section serving Lots 15-19, the applicant shall post a bond sufficient to guarantee that the street will be completed through to another outlet point within three years. The temporary dead end street will provide a turnaround or loop road, as approved by the Fire Marshall, for emergency vehicles. 'c. Temporary dead end streets in excess <if City standards will be provided with a temporary, secondary emergency vehicle access until the completion of the street provides a permanent secondary access. SUB2003-00064 . MountainGate Phase 4 30 . . Applicant Submittal: The platting of Phase IV or sub Phase IVa (Lots 1-49) will not create a dead end street in excess of City standards. However a secondary access exists which extends a road from Phase I and a 200 foot extension of MountainGate Drive through Phase IV to 57th Street. Staff Finding: I. The existing secondary access road serves as emergency access to Phase I and 2 ~reas and must be maintained and incorporated with Phase 4 emergency access plans during all phases of design and construction. Conclusion: As conditioned below, the submittal meets the above condition as it applies to maintaining ongoing emergency access during design and construction: Condition 13: Prior to Plat approval for any sub-phase of development the applicant shall demonstrate that the emergency access road serving Phases I and 2 will be maintained or is modified as approved by the Fire Marshall. d. Temporary dead end collector streets requirements are addressed in tlie evaluation of development phasing. Applicant Submittal: This is a notation that this issue is addressed under other conditions of approval. Staff Response: Staff concurs that this issue was addressed in the Master Plan at other conditions and is not a condition of approval here. 34. The vacation and closure of the South 63rd Street access to Main Street shall be initiated by the City when Aster Street is completed between South 58th Street and MountainGate Drive or when the traffic signal at the MountainGate DriveIMain Street is installed. The physical closure of South 63rd shall be completed by the applicant as a related improvement to the signal installation. Applicant Submittal: This condition will be initiated by the City some time in the future. Staff Response: Staff concurs that the process and improvements have not yet been triggered by the traffic levels generated by the current phase of planned development. 35. The applicant must secure an access permit for access of MountainGate Drive to Highway 126 (Main Street) from the Oregon Department of Transportation prior to the Final Plat for ~hase I of MountainGate. Applicant Submittal: An application was submitted and approved by ODOT for the Main Street connection through the Phase I and II approval process. . Staff Response: The permit has been submitted for review and approval during Phase I and 2 construction review procedures (PIP). This condition does not specifically apply to this phase of development. 5U82003-00062 . MountainGate Pha~e 4 31 . . 36. Prior to the Final Plat for Phase I, MountainGate Drive (South 64th Street) must be connected to Aster Street to the west or a performance bond approved'by the City must be filed with the Finance Department in sufficient amount to ensure the completion of the improvement. Applicant Submittal: The construction plans for Phase I include the connection to Aster Street Staff Response: This condition does not apply to the tentative plans submitted for this phase of development Conceptual Master Plans are unaffected, 37. The applicant shall provide financial assurance satisfactory to the City for the design and installation of a traffic signal at MountainGate Drive and Main Street prior to the Final Plat for Phase I of MountainGate. The City will reserve the right to require a Traffic Signal , Warrant study at the MountainGate DriveIMain Street intersection prior to the platting of each phase in traffic zone I of the Transportation impact Study, excluding Phase I, until the warrant is met. The traffic signal will be installed when the warrant is met or when required by the ODOT access permit. The City will require the signal to be designed and installed along with related improvements, including closure of South 63rd Street. ' Applicant Submittal: Prior to final plat approvals for Phase I, the applicant is required to provide fmancial assurance for the Main StreetIMountainGate Drive signal. Staff Response: This condition does not'apply to the tentative plans submitted for this phase of development Conceptual Master Plans are unaffected. 38. Fifty-foot right-of-way dedications are required to allow future street connection to abutting lands along the south boundary of the site. These connections are necessary to provide efficient access to neighboring amenities, commercial and employment sites and necessary secondary access to the development for police, fire and life safety services. These are depicted on the Master Plan as, public right-of-way and must be constructed in conjunction with the development ofthe appropriate phase. The oversizing of the street system to provide for off-site development shall be pursuant to the existing City reimbursement policy. Applicant Submittal: Not applicable to this submittal, Staff Response: This condition does not apply to the tentative plans submitted for this phase of development Conceptual Master Plans are unaffected. 39. The Dogwood Street right-of-way shall be 6O-feet wide from MountainGate Drive to the east boundary of the site. The street shall be a standard 36-foot residential design. Applicant Submittal: The construction plans and fmal plat for Phase I will incorporate this requirement Staff Response: This condition does not apply to the tentative plans submitted for this phase of development Conceptual Master Plans are unaffected. SUB2003-00062 MountainGate Phase 4 32 . . 40. The rights-of-way oflocal streets shall be according to Table SDC Section 32.020 Table 32-1. Applicant Submittal: All local street right-of-ways in Phase IV are 50 feet, per SDC 32.020. Staff Response: The above condition is met on the preliminary plans submitted. All street designs will be constructed in accord~nce with the final reports and designs approved by the City Engineer during PIP review. Staff Finding: 1. Tentative approval is not final acceptance of the tentative plans or preliminary reports. Plat and PIP approval will require refinement of the preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. Conclusion: The applicant's Phase IV street design and revised Conceptual' Master Plan submittals address and generally comply with the above 'condition for the purposes of tentative . subdivision approval. This condition continues to apply through application of SDC 32.020 during PIP and Plat review. 41. Additional off street parking to serve open space recreational areas shall be included in 'the site design of the North Cluster. Applicant Submittal: This condition is not applicable to this submittal, because it creates the north cluster but does not include a site design for its development. Staff Response: Street access is provided to the cluster site for future development. By code, c development of the north cluster will require a separate independent approval for residential development. Otherwise, this condition does not apply to the tentative plans submitted for this phase of development. Conceptual Master Plans are unaffected. 42. Submittal of field measured cross sections showing the proposed street and the existing ground elevations is required with each set of the construction plans. Applicant Submittal: Cross sections will be included in the construction plan drawings to be included with the public improvement plan submittal. Staff Response: The above condition is generally met by the applicant upon submittal of reports, plans and designs; requiring City Engineer approval during construction review for full compliance. All street designs will be constructed in accordance with the final reports and designs approved by the City Engineer during PIP review. Staff Findings: 1. Tentative approval is not fmal acceptance of the tentative plans or preliminary reports. Plat and PIP approval will require refinement of the preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. 8UB2003.00062 MOWltainGate Phase 4 33 . . Conclusion: The applicant's Phase IV street design and revised Conceptual Master Plan submittals address and generally comply with the above condition for the purposes of tentative subdivision approval. The street plans, Plat and Conceptual Master Plans shall be revised to reflect fmal designs and reports demonstrating substantial conformity with the tentative plans as conditioned for full compliance: Condition 14: Submittal offield measured cross sections showing the proposed street and the existing ground elevations is required with each set of the construction plans. 43. Details and Typical Cross Sections with slope control measures shall be submitted with each phase of development. The development application shall also indicate the location and under what conditions retaining walls will be constructed. Applicant Submittal: The grading plan submitted shows cut and fill slope location and design. The need for retaining walls has been eliminated by the grading proposed. More specific details are to be submitted with public improvement permit application after tentative approval of the design is granted. Staff Response: The above condition is generally met by the applicant upon submittal of street, geo-tech, hillside development and grading reports, plans and designs showing expected cut and fill slope areas, slope control measures and retaining walls; however full compliance with the condition requires additional construction detail. Staff Findings: I. The above condition is ultimately implemented during construction review as required by the City Engineer. All systems shown on tentative plans will be constructed in accordance with the final plans, reports and designs for cross sections, slope control measures and retaining wall designs approved by the City Engineer during .PIP review. The final reports shall refine and further address the above issues subject to City Engineer approval. 2. Tentative approval is not fmal acceptance ofthe plans. Plat and PIP approval will require refinement of the preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. Conclusion: The applicant's Phase IV and revised Conceptual Master Plan submittals address the above issue and generally comply with the condition for the purposes oftentative subdivision approval. Final plans and reports must continue to address the condition. The following condition is applied for ongoing compliance during PIP and Final Plat Approval for this phase of development: Condition 15: Prior to Public Improvement Plan approval, details and typical cross sections with slope control measures shall be submitted as shown on the tentative plans and further determined during design. The construction plans shall also indicate the location and design of any retaining walls deemed necessary for street construction. 44. The following design standards (These standards are the subject of approved variance request Jo. No. 95-05-125) shall be applied to street grades: 5UB2003-00062 MountainGate Phase.4 34 . . a. Maximum street grades allowed on local streets shall be 18 percent for a distance not more than 200 feet. b. Maximum street grades allowed on collector streets shall be 15 percent for a distance not more than 200 feet. c. Maximum street grades through an intersection shall not exceed 15 percent for local streets and 12 percent on collector streets for a distance of 100 feet for all approaches. d. Maximum street grades allowed in MountainGate shall not exceed 18 percent. e. Maximum street grades through a driveway shall not exceed 15 percent for local streets and 12 percent for collector streets. Applicant Submittal: The grading plan proposed for Phase IV will result in all streets having a grade of 12 percent or less. Staff Response: The above condition is met by the applicant on the preliminary plans submitted, however full compliance with the condition requires additional construction detail. Staff Finding: I. The above condition is ultimately implemented during construction review as required by the City Engineer. All street grades on tentative plans will be constructed. in accordance with the fInal plans, reports and designs approved by the City Engineer during PIP review. Conclusion: As submitted, the applicant's plans for street grades address the Master Plan and generally comply with the condition for the purposes oftentative subdivision approval. Tentative approval is not fInal acceptance of the plans. Plat and PIP approval will require refinement of the preliminary designs in substantial conformity with the tentative plans and conditions. GROUNDWATER CONTROL 45. General Construction Practices will need to include statements restricting the construction of embankments on top of soils with a plastic index greater than 30 and must show construction details for maintaining drainage to eliminate shrink swell problems evident in adjacent developments. Applicant Submittal: This condition applies to construction details to be considered and included as applicable during the final construction design for public improvement plan submittal. The project geo-tech will prepare a written report for the construction design to address specific requirements for the embankments proposed and any drainage design details necessary to eliminate shrink/swell problems. - Staff Response: The above condition is generally met by the applicant upon submittal of street, geo-tech, hillside development and grading reports, plans and designs showing expected SUB2003-00062 MountainGate Phase 4 35 . . embankment areas and trench or other drainage measures; however the condition is ultimately implemented during PIP review and in the field during construction. All systems shown on tentative plans will be constructed in accordance with the final plans, reports and designs for embankments and drainage measures approved by the City Engineer during PIP review. The final reports shall refine and further address the above issues subject to City Engineer approval. Staff Finding: 1. Tentative approval is not final acceptance of the plans. Plat and PIP approval will require refinement ofthe preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. Conclusion: The applicant's preliminary Phase IV and revised Conceptual Master Plan submittals address the above issue and generally comply with the condition for the purposes of tentative subdivision approval. Final designs, plans and reports must continue to address the condition in substantial conformity with the tentative plans and as required herein at Condition #3. 46. All persistent flow conditions, except for the identified open water component of the storm water master plan, shall be directed into the piped storm system. , Applicant Submittal: The original Masterplan did not identify the wetland area within Phase IV as an open water component of the stormwater system because at that time it was not known to be a wetland. Since it is in fact a wetland, condition 21 requires that it maintain it's predevelopment volume and flow rate. This is accomplished by discharging a portion ofthe drainage from the development (Lots 1-49) into the wetland. Ultimately this drainage flows into the proposed detention facility at the quarry and into the piped discharge system. No other persistent flow conditions have been identified by the project geo-tech, civil engineer or forester. If such conditions are encountered during construction, flows will be directed into the piped storm water system. Staff Response: The above condition is generally met by the applicant's subdivision and Master Plan storm water designs that include storm water stubs to all lots, provisions for trench and slope de-watering and a storm water collection and discharge system. It is reasonable to assume that these systems are capable of accommodating flow conditions that may be uncovered during construction based upon preliminary information; however the condition is ultimately implemented during PIP review and in the field during construction. Staff Findings: I. The above condition is ultimately implemented during construction. All storm and ground water control systems and reports included in tentative plans will be constructed in accordance with the final plans, reports and designs approved by the City Engineer during PIP review and modified as necessary to respond to field conditions. 2. Tentative approval is not fmal acceptance of the plans: Plat and PIP approval will require refinement of the preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. . SUB2003-00062 MountainGace Phase 4 36 . . Conclusion: The applicant's preliminary Phase IV and revised Conceptual Master Plan storm water control systems address the above issue and generally comply with the condition for the purposes oftentative subdivision approval. Final designs, plans and reports must continue to address the condition in substantial conformity with the tentative plans and as conditioned below: Condition 16: Public improvements plan shall show that all persistent flow conditions, except for the identified open water component of the storm water Master Plan, have been directed into the piped storm system. 47. The developer shall include longitudinal drainage systems along the uphill side of all streets constructed on cut slopes for each phase of the development. These drains shall discharge to a piped drainage facility, not the street gurter. Applicant Submittal: The longitudinal drainage systems will be incorporated into construction plans as required by the geotechnical engineer. The proposed grading reduces the need for this type of drainage system, but where longitudinal systems are required they will connect to piped systems, not to the street gutter. Staff Response: The above condition is generally met by the applicant's subdivision and Master Plan storm water designs that includes options and provisions for trench and slope de-watering system. It is reasonable to assume that these systems are capable of accommodating flow conditions that may be uncovered during construction based upon preliminary infomlation; however the condition is ultimately implemented during PIP review and in the field during construction. Staff Findings; I. Longitudinal drainage systems will be incorporated into construction plans as required by the project geo-technical engineer or the City Engineer. 2. The -above condition is ultimately implemented during construction. All storm and ground water control systems and reports included in tentative plans will be constructed in accordance with the fmal plans, reports and designs approved by the City Engineer during PIP review and modified as necessary to respond to field conditions. 3. Tentative approval is not final acceptance of the plans. Plat and PIP approval will require refinement of the preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. Conclusion: The applicant's preliminary Phase IV and revised Conceptual Master Plan storm water control systems address the above issue and generally comply with the condition for the purposes of tentative subdivision approval. Final designs, plans and reports must continue to. address the condition in substantial conformity with the tentative plans and as conditioned below: Condition 17: The developer shall include longitudinal drainage systems along the uphill side of all streets constructed on cut slopes for each phase of the development as - recommended by the project geo-tech or the City Engineer. These drains shall discharge to a piped drainage facility, not the street gutter. SUB2003-00062 MountainGate Phase 4 37 . . 48. Each phase of the project shall be designed to intercept and remove from the street structural section and subgrade the flows from all known and unknown springs and watercourses encountered for street construction and lot pad grading, if any performed by the developer. Saturation ofthe street subgrade and building pads must be prevented. Applicant Submittal: There are no known springs within Phase IV and the only watercourse is the wetland area that will not flow into ,the street structural section or sub grade. Unknown springs detected during the construction process will be intercepted and directed into the public storm water system. Staff Response: The above condition is generally met by the applicant's subdivision and Master Plan storm water designs that includes options and provisions for trench and slope de-watering system. It is reasonable to assume that these systems are capable of accommodating flow conditions that may be uncovered during construction based upon preliminary information; however the condition is ultimately implemented during PIP review and in the field during construction. Staff Findings: 1. Longitudinal drainage systems will be incorporated into construction plans as required by the project geo-technical engineer or the City Engineer. 2. The above condition is ultimately implemented during construction. All storm and ground water control systems and reports included in tentative plans will be constructed in accordance with the final plans, reports and designs approved by the City Engineer during PIP review and modified as necessary to respond to field conditions. 3. Tentative approval is not final acceptance of the plans. Plat and PIp. approval will require refinement of the preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. Conclusion: The applicant's preliminary Phase IV and revised Conceptual Master Plan storm water control systems address the above issue and generally comply with the condition for the purposes of Tentative Subdivision Approval. Final designs, plans al\d reports must continue to address the condition in substantial conformity with the tentative plans and as conditioned below: Condition 18: Prior to acceptance of public improvements or plat approval, the project shall be designed to intercept and remove all known flows from the street structural section and sub-grade and modified as necessary to remove all springs and watercourses encountered duiing street construction and lot pad grading to the satisfaction of the City Engineer. Saturation of the street sub-grade and building pads must be prevented. PROJECT PHASING 49. Appendix.E-ofthe MountainGate Master Plan is revised to show Line "A" extended to the east to a point extending across Street "C" 400 feet south of Street "K". Applicant Submittal: Not applicable to this submittal. SUB2003-00062 MOWltainGate Phase 4 38 . . Staff Response: The line in question is in the area known as Phase 3. This condition does not apply to this phase of development; the conceptual Master Plans revision will be addressed during review of Phase 3. . . 50. No lots shall be platted south of Line "A" along MountainGate Drive without a financial guarantee that MountainGate Drive will be extended to South 58th Street within three years; or South of Line "A" along Street "C" without financial assurance that Street "C" will be completed either to South 58th Street or to the coustructed terminus of MountainGate Drive within three years. Applicant Submittal: The southern portion of Phase IV which excludes Phase IVa (Lots 1-49) is the area determined as being south of Line "A". Prior to the platting of any of the Lots 50 through 126 a fInancial guarantee for completing MountainGate Drive to 58th Street within.3 years will be provided. . C Applicant request the opportUnity to request a modifIcation to reduce street width on . MountainGate Drive from 36 feet to 32 feet from 57th Place to the southerly intersection of MountainGate and Park Drive (old Street C). Staff Response: "Line A" is accepted as shown (revised Conceptual Master Plan Progression of Development Plan, Appendix E, MountainGate Subdivision, Favreau, 12-05-03) and follows the southerly boundary of proposed Lots 1-49 and the North Cluster as shown on the Master Plan . (Phase 4a). Staff Findings: I. The intersection of Line A with "C" Street is the within the area under review as Phase 3 of Mountain Gate, and is not affected by this decision. 2. Request to reduce MountainGate Drive from 36 feet to 32 feet is within the 20% reduction allowed under SDC Article 9 - ModifIcation of Provision procedures. 3. Preliminary review indicates the request is feasible and can accommodate required utilities and other design features required by code. Conclusion: The condition is implemented prior to plat approval to guarantee public street facilities to lots south of Line A. The applicant is proposing to provide the required bond. As conditioned below, this condition has been met: Condition 19: The applicant shall: (a) Prior to plat approval for any lots south of Lots I through 49 and the north cluster, the applicant must construct MountainGate Drive as required or provide a financial guarantee acceptable to the City Engineer and the City Attorney that guarantees MountainGate-Drive will be extended to South 58th Street or an intersection approved by the City Engineer within three years. (b) The constructed width of MountainGate Drive may be reduced to 32 feet SUB2003-00062 MountainGate Phase 4 39 . . from 57th Place to the MountainGatelPark Drive southern intersection pursuant to SDC 26.080(2). 51. Appendix E ofthe MountainGate Master Plan is revised to relocate Line "A" to a point along Street "D" no more than 1,000 feet from the intersection with MountainGate Drive provided a secondary emergency access is provided, otherwise, 400 feet from the intersection. Applicant Submittal: The relocation of Line "A" is shown on the updated development phasing plan (appendix E) submitted with this application. Staff Response: The road shown as Pacific Sunset Loop has been designed as a looped system and conditioned to maintain turn around or looped secondary access, as approved by the Fire' Marshall, at Conditions 13 and 14 of this report. Conclusion: "Line A" is accepted as shown (revised Conceptual Master Plan Progression of Development Plan, Appendix E, MountainGate Subdivision, Favreau, 12-05-03) and this Master Plan Condition has been met. 52. Secondary accesses to each phase of the Master Plan for police and fire response must be provided as development progresses along the directions indicated in Appendix E of the MountainGate Master Plan. Applicant Submittal: A gravel road currently exists that"extends south from Aster Street through Phases I and II, continues south along the west side of the wetland area, around the east side of the quarry and then westerly to 58th Street. Staff Findings: I. The road shown as Pacific Sunset Loop has been designed as a looped system and conditioned to maintain turn around or looped secondary access, as approved by the Fire Marshall, at Conditions #12 of this report. 2. As approved, MountainGate Drive will connect to the Phase I street system to the north during sub-phase 4a and has been conditioned to maintain secondary access and connection to 58th Street to the south at Condition #13 of this report. Conclusion: This condition has been met for this phase of development because, as required under Condition # 13 of this report, secondary accesses to each phase of the Master Plan for police and fire response is maintained until permanent construction occurs. PROTECTION OF RESOURCES 53. This decision is founded, in part, on the assumption that the provision of adequate park and recreation and other services will be adequate to serve the proposed development because the resources will be transferred to public ownership and because they will be appropriately designated on the Metro Plan Diagram and rezoned accordingly. In regard to the former expectation, the following shall apply: SU82003-00062 MountainGate Phase 4 40 . . a. An agreement between the applicant and the WilIamalane Park and Recreation District for the transfer of Mountain Park and West Park into public ownership shall be executed prior to the platting ofthe subject property south of Line "A". Applicant Submittal: Prior to the platting of aoy lots south of Phase !Va (Lots 1-49) the Willamalaoe agreement must be executed. Staff Findings: 1. "Line A" is accepted as shown (revised Conceptual Master Plao Progression of Development Plan, Appendix E, MountainGate Subdivision, Favreau, 12-05-03) aod follows the southerly boundary of proposed L<:>ts 1-49 aod the North Cluster as shown on the Master Plan. 2. The submittal includes lots north of Line A (Sub-Phase 4a) and lots south of Line A (Sub-phases 4b and 4c). Conclusion: The Master Plan condition is triggered by platting south of Line A and must be applied during the current phase of development. The condition is satisfied subject to the following: Condition 20: An agreement between the applicant aod the Willamalane Park and Recreation District for the transfer of Mountain Park and West Park into public ownership shall be executed prior to the platting of aoy lots south of Phase 4a (Phase 4, Lots 1-49 aod the north cluster).. All documents and plans shall include the language "public parks" aod names West or Mountain Parks, deleting references to "City" parks. b. An agreement between the applicant and the WilIamalane Park and Recreation District for the transfer of SchoollPark (Quarry Park) into public ownership shall be executed prior to the platting ofthe subject property south of the intersection of MountainGate Drive and Street "C." Also and within this timeline, the applicant shall submit to the District a reclamation plan for the quarry that will demonstrate that the proposed rehabilitation of the quarry will result in a site suitable for its intended purpose; i.e., a neighborhood park. Applicaot Submittal: The reclamation plao aod agreement with Willamalaoe must be completed prior to the platting of lots south of the southern intersection of MountainGate Drive aod Park Drive ("C" Street). The intent of the applicaot and Willamalaoe is to have an approved reclamation plao aod agreement for the Quarry Park at the same time as the agreement for.West Park aod Hill Park. Staff Findings: 1. Street C is shown as Park Drive, intersecting MountainGate Drive at the southerly boundary of Phase I aod again at the southerly boundary of Phase 4, east of the quarry site. 2. Theabove.condition requires an executed agreement-for "Quarry Park" prior to platting south of the southerly ParkIMountainGate Drive intersection, including Sub-Phases 4c. Conclusion: The Master Plao condition is triggered by platting of lots in Phase 4c and must be SUB200J.00062 MountainGate Phase 4 41 . . applied during the current phase of development. The condition is satisfied subject to the following: Condition 21: Prior to plat approval for any lots south of the southerly intersection of "Park Drive" and MountainGate Drive, an agreement between the applicant and the Willamalane Park and Recreation District for the transfer of "Quarry Park" into public ownership shall be executed. Also and within this timeline, the applicant shall submit to the District a reclamation plan for the quarry that will demonstrate that the proposed rehabilitation of the quarry will result in a site suitable for its intended purpose; i.e., a neighborhood p~rk. c. An easement providing pedestrian and bicycle access between Monntain Park and West Park shall be executed prior to the platting approval of Phase II of the proposed development. Applicant Submittal: The pedestrian/bicycle access between Mountain Park and West park is shown on the plans submitted for Phase IV. It is proposed that this be part of the open space to be acquired by Willamalane rather than an easement to allow better control for maintenance and management. Staff Findings: I. As proposed the connections between Mountain Park and West Park are planned as: (a) An easement to be dedicated during design of the North Cluster Area; (b) Public Open Space areas along Pacific Sunset Loop sidewalks; and, (c) A pedestrian access way between Lots 7 and 8. 2. As required by the Master Plan, the pedestrian connections between Mountain Park and West Park are to be transferred to the District prior to the platting of the phase in which they are located (originally anticipated as Phase II). 3. The Park District has determined that the planned access way between Lots 7 and 8 requires crossing proposed road cuts and fills. As shown, the north end of the access way has a very steep slope into the West Park parcel. 4. The applicant's project engineer has provided a drawing to show that an 80- foot long ramp with a 12% grade could be built from street grade to existing ground level. Alternatively, the project engineer suggests that a series of steps could be used (Favreau, February, 2004) 5. The drawing submitted to the Park District also addresses the issue of the steep slopes at the north end of the access way by moving the northeast boundary of Lot 8 about 43 feet to the south. The proposed modification allows the future path to turn gradually west into the West Park parcel to avoid an abrupt grade change. Conclusion: The provision of pedestrian access must occur prior to platting of areas within Phase -4 and must address the issues identified by the Park District. As conditioned below, the submittal meets the requirements of the Master Plan: SUB2003-00062 MountainGate Phase 4 42 . . Condition 22: Prior to final Plat approval for any portion of Phase 4 located south of Lots 1-49 or the North Cluster, the applicant shall execute an agreement to transfer to the Park District open space and pedestrian areas necessary for connection of . Mountain and West Parks. Condition 23: Lot 8 shall be revised to add an approximately 40' north/south by 60' east/west triangle to the West Park parcel at the north end of the access way from the public street. Condition 24: A 5-foot wide slope easement along each side of the south 45 feet of the access way between Lots 7 and 8 shall be establish~d on the final subdivision Plat. 54. Open space depicted on the Conceptual Master Plan, page 1, Figure I of Exhibit 2, including Mountain Park, West Park, park access easements, and archaeological Site 35AL657, excepting the School (quarry) Park, shall be designated Park and Open Space on the Metro Plan Diagram and classified Public Laud and Open Space on the Springfield Zoning Map. The Metro Plan amendment shall be initiated, with concurrence by the applicant, by the City and the WiIlamalaue Park and Recreation District prior to platting any lots south of Line "A" on Exhibit 2, Appendix E ofthe Master Plan. The zone change shall be initiated by the applicant prior to platting any lots south of Line" A" on Exhibit 2, Appendix E of the Master Plan. Applicant Submittal: The applicant concurs with initiation of the plan amendment and will subsequently initiate the zone change prior to platting any lots south of Phase IVa (Lots 1-49) Staff Response: The Master Plan condition requires a Metro Plan Amendment by the City and the Park District be initiated prior to platting south of Lots 1-49 and an application for zone change must be initiated by the applicant prior to platting south of Lots 1-49 (Line A). Staff Findings: I. '~Line A" is accepted as shown (revised Conceptual Master Plan Progression of Development Plan, Appendix E, MountainGate Subdivision, Favreau, 12-05-03) and follows the southerly boundary of proposed Lots 1-49 and the North Cluster as shown on the Master Plan. 2. The Metro Plan Amendment and Zone Change applications may be submitted and processed concurrentiy. Conclusion: The required land use actions must be initiated prior to platting of areas within Phase 4 south of Lots 1-49 and the North Cluster. As conditioned below, the submittal meets the requirements ofthe Master Plan: Condition 25: The Metro Plan amendment for open spaces shown on Conceptual Master Plan, page I, Figure I of Exhibit 2, including Mountain Park, West Park, park access easements, and archaeological Site 35AL657, excepting the "Quarry" Park must be initiated, with concurrence by the applicant, bythe.City and the-Willamalane Park and Recreation District' prior to platting any lots south of Lots 1-49 and the North Cluster. The zone change shall be initiated by the applicant prior to platting any lots south of Lots 1-49 and the North Cluster. s UB2003-00062 MountainGate Phase 4 43 . . 55. The School Park depicted on the Conceptnal Master Plan, page 1, Figure I, of Exhibit 2 sballbe designated Park and Open Space on the Metro Plan Diagram and classified Public Land and Open Space on the Springfield Zoning Map. The Metro Plan amendment shall be initiated, with concurrence by the applicant, by tbe City and the Willamalane Park and Recreation District, prior to platting any lots along MonntainGate Drive south of tbe intersection with Street" C," including the south cluster. The zone change shall be initiated by the applicant prior to platting any lots along MountainGate Drive south of the intersection with Street "C," including the,south,cluster. Applicant Submittal: The applicant concurs with initiation of the plan amendment and will su~sequently initiate the zone change prior to platting any lots along MountainGate south of the southern intersection of Mountain Gate Drive and Park Drive ("C" Street), Staff Response: The Master Plan condition requires land use actions on the Quarry Park prior to platting of lots south of the southerly intersection of Park and MountainGate Drive, Conclusion: The required land use actions must be initiated prior to platting of certain areas within Phase 4, As conditioned below, the submittal meets the requirements of the Master Plan:' Condition 26: The "Quarry" Park shall be designated Park and Open Space on the Metro Plan Diagram and classified Public Land and Open Space on the Springfield Zoning Map, The Metro Plan amendment shall be initiated, with concurrence by the applicant, by the City and the Willamalane Park and Recreation District, prior to platting any lots along MountainGate Drive south of the intersection with Park, Drive (Street "C") including the South Cluster. The zone change shall be initiated by the applicant prior to platting any lots along MountainGate Drive south of the intersection with Park Drive (Street "C") including the South Cluster. 56. Except for vegetation control and removal necessary to address hazardous conditions, no trees or understory shall be removed in the planned open space areas depicted on the Conceptual Master Plan, page 1, Figure I of Exhibit 2, including Mountain Park, West Park, park access easements, and archaeological Site 35AL657. Applicant submittal: No vegetation has been removed or is proposed for removal within the areas of Mountain Park, West Park, or the Park access easements as depicted on the Conceptual Master Plan, Understory was removed within Archeological Site 35AL657 in August, 2001. This area is currently being analyzed by Heritage Research Associates, Inc, to develop a plan for mitigation and/or long term protection of the site consistent with applicable regulations, Staff Findings: I, The above condition is applied to protect trees and vegetation located on planned open spaces until transfer and ownership changes occur, The condition will be met when properties are transferred with the existing vegetation intact. 2, Maintenance of open space vegetation after transfer is guided by park district policies for access, hazard abatement, and preservation subject to SDC Article 38 and deed restrictions established herein, SUB2003-00062 MountainGate Phase 4 44 . . Conclusion: As conditioned below, the proposal meets the Master Plan condition for preservation of vegetation in resource areas: Condition 27: The following protections shall be added to construction plans and included in transfer agreements: a) Except for vegetation control and removal necessary to address hazardous conditions including approved fuel breaks for fIre protection, no trees or understory shall be removed in the planned open space areas protecting cultural resource sites prior to transfer the park district; . b) No trees or understory shall be removed in the planned open space areas prior to transfer of the areas to the park district, excepting removal necessary for required pedestrian access improvements or for vegetation control and removal necessary to address hazardous conditions including approved fuel breaks for fIre protection. 57. The "Tree Preservation Plan" of Exhibit 2, MountainGate Master Plan, shall specify that removal of more than five trees greater than five inches in diameter may require a tree felling permit from the City. Applicant Submittal: This statement is to be included within the Conditions Covenants and Restrictions to be recorded with the fInal subdivision plat. Conclusion: This requirement of SDC Article 38 is incorporated in a regiment of public and private tree preservation requirements approved with concurrent Tree Felling and Hillside Development decisions for this phase of development. The "Tree Preservation Plan" for Phase 4 shall be implemented in the accompanying Hillside Development permit specifying that removal of more than fIve trees greater than fIve inches in diameter on any lot will require a tree felling permit from the City. As conditioned by the Hillside Development section of this report (Hillside Condition #2) this Master Plan condition is met. 58. An urban forester shall be employed to analyze the street design aud proposed cuttiug plan for the rights of way of each phase and determine what trees can be retained to serve as required street trees. The trees shall be depicted on the tentative subdivision plan and the final construction drawings for the public improvements. Appropriate measures to protect the trees during construction shall be specified on the construction drawings. Applicant Submittal: The project forester, Doug Wolf has prepared a report that includes a "Development Plan" identifying lot frontages which contain potential street trees. SpecifIc individual and clumps of trees are to be identifIed and protected prior to street construction. The plan and forester's discussion are included in an accompanying tree felling permit application. Staff Response: This approach is incorporated in a three step process of identifIcation, physical protection during construction and long term preservation of suitable' street trees tentatively approved under the concurrent Tree Felling and Hillside Development decisions for this phase of development. SUB2003-00062 MountainGate Phase 4 45 . . Conclusion: This provision of the Master Plan has been addressed during tentative approval of the Hillside Development Plan. The requirement shall be carried forWard to guarantee full compliance during construction and plat approvals. As conditioned below, this requirement has been met: Condition 28: Prior to construction, the urban forester shall analyze the street design and proposed cutting plan for the rights of way of Phase 4 and determine what trees can be retained to serve as required street trees. The trees shall be identified and protected in the field during construction of public improvements. Preserved street trees shall be identified and protected as specified in the final Hillside Development Plan. 59. The trees on lots smaller than 15,000 square shall be considered in aggregate and building envelopes adjusted accordingly to protect the largest number of trees practicable. Applicant Submittal: This requirement has been met as discussed in the forester's report included in the accompanying tree felling permit. Staff Response: This tree preservation tool is incorporated in the tentatively approved Tree Felling and Hillside Development decisions for this phase of development. Conclusion: This provision of the Master Plan has been addressed during tentative approval ofthe Hillside' Development Plan. Tentative approval is not final approval. The requirement shall be carried forward to guarantee full compliance during construction and plat approvals. As conditioned below, this requirement has been met: Condition 29: Prior to Plat approval, conservation zones shall be established on the Plat to protect identified tree preservation areas. These zones shall be established and marked as agreed upon by the City staff and the project forester. 60. The applicant shall employ a tree or forestry consultant who has had previous experience with forested hillside construction of a similar scale. The consultant will prepare a vegetation/re-vegetation report for the area supporting the treeline along the subject property's lower northern ridge paralleling Main Street. This area shall include adjacent properties with tree species necessary for the preservation of the treeline. The report shall include: a. A description of plant material and condition, pathology (if any), structural problems (if any), corrective measures and methods to improve health/condition. b. Identification of patches to be'retained after assessment of vigor, species, size and estimated size at maturity, ability to support some forms of disturbance. c. Notation of individual specimen trees and their suitability for preservation. d. Evaluation of the impacts of constructing the pubic improvements addressing soil compaction, fIll, paving; location of disturbance with'respect to . remaining vegetation, excavation methods/trenching, and measures to mitigate the impacts. SUB2003-00062 MountainGate Phase 4 46 . . e. Stipulate the health of trees intended to be removed and adjacent trees, and provide typical protection measures to preserve the adjacent trees and understory vegetation during removal. f. Evaluate existing vegetation conditions on each proposed lot and assess the least impact for placement of buildings, decking and outbuildings. Building envelopes shall be created pursuant to this analysis. g. The revegetation plan will identify areas within the report area that can be replanted to compensate for trees that are removed. Replacement trees will be a species that is suitable to the site and compatible with adjacent uses. Characteristics such as longevity, hardiness and wind firmness shall be considered. The revegetation plan must include a management section detailing planting methods. h. The report shall identify significant understory species that should be protected, to the greatest extent practicable, throughout the report area. Invasive non-native plant species such as blackberries, ivy and scotchbroom can be removed. i. The report shall identify and provide for the retention of trees in sufficiently large areas and dense stands to prevent windthrow. A stand of trees shall constitute an area not less than 2,000 square feet. Applicant Submittal: This condition does not apply to the area included in Phase IV. Staff Response: Concurrence, the condition does not apply to this phase of planning and construction. Consistent with the Master Plan decision and diagram, the northern ridgeline has been protected during Phase I and 2 approvals and included in park and open space areas where the north and west ridge lines intersect. 61. In order to provide adequate protection of Site 35LA657 and a pedestrian pathway connecting Mountain Park with West Park consistent with the ESEEAnalysis for MountainGate, the Conceptual Master Plan for the MountainGate development shall be made consistent with the Executive Summary Map of the ESEE Analysis. Applicant Submittal: Archeological Site 35LA657 and the proposed pedestrian route as approved in the Master Plan, consistent with the ESEE analysis is shown on the updated Masterplan map and the design submitted for Phase IV. Staff Response: Concurrence, as submitted and conditioned herein, the revised Master Plan complies with this condition. . Tentative Subdivision Criterion of Approval "(1) The zoning is consistent with the Metro Plan diagram and/or applicable refinement plan diagrams. " The applicant has submitted plans to create a residential subdivision consisting of 130 lots on a 75 acre portion of the site. The lots are located along Mountaingate Drive from Phase I south to the 57th Place connection. The area currently under review is zoned Low . Density Residential (LDR). Two parcels on the plat are reserved for future open space . designation in accordance with the Master Plan. Staff Findings: SUB2003-00062 MountainGate Phase 4 47 . . I. The Metro Plan designation for the property is Low Density Residential (LDR). 2. The subject site was annexed to the City of Springfield on January 6, 2004 (City LRP2003-00029, ECSP-04-03). 3. The Springfield Zoning Map shows the property as LDR. 4. The purpose of the application is to create a residential subdivision and open space consistent with the Master Plan, Zoning Map and Metro Plan designation. Conclusion: The application is consistent with this criterion for a subdivision tentative plan because the above findings demonstrate that the LDR zoning is consistent with the Metro Plan designation. (2) Development of any remainder of the property under the same ownel'ship can be accomplished in accordance with the provisions of this Code. " Background: The properties within the Master Plan area are identified as Lane County Assessor's Map #18-02- 03 TL 303, and Map #18-02-04.11, TL 300. Staff Findings: I. The applicant proposes to create a new subdivision from a 75 acre portion of property identified on Lane County Assessor's Map #18-02-03 as TL 303, and Map #18-02-04-11, TL 300. 2. The subject 75 acres are a portion of the 330 acre site having Master Plan approval for residential and associated uses (PJ # 1995-02-0039). 3. The current proposal has been conditioned herein to refme and establish street layout, cut and fill designs, utility locations, tree removal and other design issues identified in the Hearing Official decision and applicable portions of the SDC. 4. The Hearing Official specifically required a revised Master Plan addressing the May 13, 1998 findings, conclusions and conditions (Decision, Paragraph I, Conclusion, page 15). 5. The applicant has submitted specific revised Conceptual Master Plan drawings (i.e. stormwater, sanitary, street and lot layout) showing the affects of the current submittal on the remainder of the conceptual plan. Final revisions to the conceptual plan require details not available unless and until the conditions contained in this decision are satisfied and incorporated in plats and public improvement plans approved by the Director and the City Engineer. Conclusion: The above findings lead to the conclusion that the remainder of the property under the same ownership is subject to the MountainGate Master Plan approval and can therefore be developed in accordance with the Springfield Development Code. Phase 4 is consistent with the SUB2003-00062 MountainGate Phase 4 48 . . original Master Plan concept. Prior to [mal plat approval, submittal of revised Conceptual Master Plan drawings showing any revisions to the drawings resulting from final design process is required. As conditioned below, the submittal satisfies Criterion 2 and the Hearing Official's Master Plan decision: Condition 3D. Prior to final plat approval, submittal of revised Conceptual Master Plan drawings showing any revisions to the drawings resulting from [mal design process is required. "(3) Adjacent land can be developed or is provided access that will allow its development in accordance with the provisions of this Code. " Background: The development area is 75 acres located in the west southwest section of the 33.0 acre MountainGate Master Plan for residential development and public open space (PJ # 1995-.02-.0.039). The Phase 4 development area extends from the southwesterly boundary of the tentatively approved Phase I to the street connection at 57th Place. Staff Findings: I. The adjacent properties on the west side of Mountaingate Phase 4 are developed and take access to the public street system from 57th Place and 58th Street; adjacent properties on the east side of Mountaingate Phase 4 are undeveloped portions of the MountainGate site and developed properties that take access from the public street system at 67th Street. Properties to the north of the subject site are MountainGate Phase I and properties along Main Street/OR HWY 126, properties to the south of the development area are undeveloped rural timber properties and developed subdivision properties that take access to Mount Vernon Road via 57th and 58th Streets. 2. The Master Plan adopted [mdings regarding traffic impacts and the approved plans for access known as Alternative IIlB in the Transportation Impact Analysis (See Master Plan Decision 95-.02-39, Finding of Fact #10). 3. The City Transportation Planning Engineer has reviewed the traffic impacts of the current plans and determined that the estimated daily trips and evening peak hour trips are consistent with the findings of the original TIA and the Master Plan Decision Conditions of Approval (McKenney, February 2,2.0.04.). The Transportation Division's conditions of approyal for full compliance with the Master Plan and this Code during design of the public improvements are incorporated in this decision at Criterion 4. 4. Master Plan Decision Condition of Approval # 36 requires that Mountaingate Drive be connected with Aster Street to the west. The Master Plan approval includes further timing and triggers for access controls that must be constructed as phased development proceeds. The remaining access controls are required as warrants are met (See MP COAs 33-34 & -49-52). n_ 5. The applicants Phase 4 submittal has been conditioned to connect street patterns' between Main Street and 57th Place, and provides street access to park and open 5UB2003-00062 MountainGate Phase 4 49 . . space and the North Cluster Development site as shown on the approved Master Plan. Conclusion: . The application is consistent with this criterion for a subdivision tentative plan because the proposed development is consistent with the traffic impacts and improvements anticipated by the Master Plan approval. No land locked parcels or unsafe access conditions are created. Pedestrian access, streets and utilities have been stubbed to provide connections for adjacent properties in accordance with the Master Plan and this Code. "(4) The request as conditionedfullfyJ conforms with the requirements of this Code pertaining to: lot size and dimensions, the efficiellt provision of public facilities alld services, safe and efficient motor vehicles, bicycle and pedestrian movement, and consideration of natural features. " Staff Findings: I. For all public improvements the applicant shall retain a private professional civil engineer to design the subdivision improvements in conformance with City codes, this decision and the current Engineering Design Standards Manual. The private civil engineer will also be required to provide construction inspection services. 2. Criterion #4 contains four different elements to be satisfied for compliance. Compliance with specific Master Plan Conditions of Approval, as determined above, has superceded and satisfied some SDC standards applicable to each sub-element. Specific fmdings and conditions are added below to implement general Master Plan conditions and specific SDC standards not addressed by the Master Plan or other overlay decisions. All SDC code standards applicable to sub-elements of Criterion #4 continue to apply in addition to the provisions of the Master Plan and all other conditions of approval that are prepared for the Phase 4 subdivision proposal as contained in Attachment A: MOUNTAINGATE PHASE 4 DEVELOPMENT CONDITIONS OF APPROVAL. 3. The City Engineer's representatives have review~d the proposal and submitted fmdings and recommendations for conditions of approval which are part of the record and incorporated here by reference. (Walter/Stouder 2/5/2004, McKenney, 1/27/2004) Conditions for final designs and revised reports necessary for full compliance with applicable criteria and conditions have been applied in this decision and included as Attachment A. Tentative approval is not final acceptance of the plans. Plat and PIP approval will require refmement of the preliminary reports and designs in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. 4a) 'lot size and dimensions'... Staff Findings: I. The lot size requirements of Section 26.050 supercede the lot size standards of Article 16 because portions of the site are above the 670' elevation and exceed SUB2003-00062 MountainGate Phase 4 50 . . 15% slope. This standard is specifically addressed in the concurrent Hillside Development Overlay Application (DRC2003-00066). 2. The applicant's Hillside submittal selects and addresses Option A of Section 26.050(1 )(a). 3. The applicant's materials calculate the average slope of the Master Plan site at 23%. The calculations have reviewed and approved by staff; the minimum standards of 10,000 square feet and ~O feet of frontage shall be applied to the Master Plan development site where slopes are greater than 15%. 4.' The minimum lot size and dimensions of the Hillside Development Overlay District supercede the standard solar requirements of Article 35 for lot design and have been applied to this subdivision. Solar requirements of Article 16 will be applied where applicable during building pennit review. Conclusion: The above findings of fact lead to the conclusion that the lot size, dimension and solar standards of the Springfield Development Code; Article 26 and the Master Plan have been satisfied. 4b) 'the efficient provision of public facilities and services... ' 4b.1 Dedicated Rights-of-Wav Staff Findinl!s: I. Plans submitted show the rights-of-way proposed within Phase 4 to be 50 feet which conforms with the requirement of SDC Article 32 standards. These standards continue to apply during PIP and final Plat review. Conclusion: Streets within the Master Plan approval area and Phase 4 are created through the approval of a subdivision plat. The proposed street layout complies with the concept shown on the Master Plan as conditioned herein and can be constructed with dedicated rights-of-way according to SDC standards. '. . 4b.2) Dedicate Public and or Private Easements Staff Findings: 1. Applicant's plans show 10-foot PUE's along the public right-of-ways. Applicant has not shown all required slope easements for the proposed public roadways and maintenance roads. In addition, maintenance easements are required for access to the detention pond and drainage system. 2. Stonn drainage from the lots will flow to a wetland mitigation area shown on the plans. The wetland mitigation area is for the benefit of all other lots in the subdivision. The City Engineer's policy is to require irrevocable joint use/maintenance agreements' for joint use and maintenance of the wetland mitigation and drainage facilities. 5UB2003-00062 MountainGate Phase 4 51 . . 3. The plans submitted show joint use panhandle accesses where easements providing for joint use and maintenance are required. Conclusion: Public and private easements are established on the final recorded Plat. This approval includes conditioning that must be met prior to recording ofthe final Plat requiring easements for City access to drainage facilities; private joint use/maintenance easements for panhandle lots; and, easements as necessary for public and private utilities. 4b. 3) Construct Public Infrastructure Staff Finding: 1. Improvement of the subdivision streets and all public access areas will be done as privately engineered public improvement projects. Unless otherwise agreed to between the City and the applicant, all of the required public improvements must be constructed prior to or concurrent with the building construction on the site. This is necessary to ensure adequate public and emergency access and circulation to the site. The public improvement plans must include AC street paving and an alternative PC concrete paving design. The City shall have the choice of either paving after competitive bid with City participation if higher cost paving is chosen: Conclusion: As a standard procedure through [mal Plat review, public improvements must be fully constructed or bonded to guaranty completion prior to Plat recording. As conditioned herein and at Attachment A, the proposed public improvements will satisfy the provisions of the SDC. Water and Electric: SDC 32.120(3) states: "Each development area shall be provided with a water system having sufficiently sized mains and lesser lines to furnish adequate supply to the development. Staff Response: The development area has annexed to the City of Springfield and therefore will be served with water and electric services by the Springfield Utility Board. Staff Finding: I. Water: Service can be extended from approved services in MountainGate Drive from Main Street through Phase I and from 57th Street. All new water facilities must meet SUB construction standards and be placed within the approved alignment. . All new facilities shall be located in public street rights of way at bury depths approved by SUB. Services will be extended upon payment of appropriate development charges to SUB as explained in written comments provided to the City (McKee, DRC comments 2-13-04) 2. ,Electric: Service is available from existing SUB underground services located within Main Street to the north and 57th Place to the south. All lines to and within the development must be installed underground (ref: SDC 32.120). . SUB200J-00062 MountainGate Phase 4 52 . . The 10 foot wide public utility easements proposed along all new street frontages are acceptable for the provision of electrical service. Conclusion: The proposed plans for installation of electrical and water services comply with the standards in the SDC and the Metro Plan for the provision of key urban services. 4b. 4) SanitarY Sewer Staff Finding: I. The applicant proposes to build a gravity sanitary sewer to connect with the existing City of Springfield sanitary sewer system. The City Engineer's representatives have reviewed the submitted subdivision plans, the Master Plan and the Springfield Development Code in ef~ect at the time of adoption. Conclusion: A sanitary sewer plan has been submitted in accordance with the Master Plan/Subdivision requirements that is sufficient to determine the feasibility of the system to serve the development proposed. Conditions of approval are imposed with this approval to assure that the sanitary sewer system is constructed adequately to serve Phase 4 and adjacent developable lands. 4b. 5) Drainage Svstems System Design, Detention and Pretreatment Staff Findings: 1. The City Engineer's representative and the Enviromnental Services' engineering representative reviewed the submitted plans and determined that the storm water drainage system proposed generally complies with submittal requirements and, as conditioned herein, can be constructed to accommodate storm water drainage for the development including detention and pretreatment. 2. The system includes laterals to each lot and in-street catch basins that direct water into a piped system. Piped storm water then flows into an open water drainage charmel after pretreatment through a baysaver style catch basin. The open water system flows to a detention basin which controls the flow volume back into the existing City storm water system. Conclusion: The storm water drainage system proposed is adequate to serve the development and off-site areas subject to fmal design details required as conditions of approval for Phase 4. 4c) 'safe and efficient motor vehicle, bicycle and pedestrian movement...' Staff Findings: 1. The City Public Works Transportation Planning Engineer has reviewed the proposal and submitted the following fmdings, conclusions and recommendations for conditions (McKenney, DRC Comments 2/27/02). SUB2003-00062 MountainGate Phase 4 53 . . 2. The capacity of existing and planned transportation facilities is consistent with the approved MountainGate Master Plan and adequate to accommodate additional trips that would be generated by the proposed development. 3. Access to subdivision lots is proposed via driveways onto the various subdivision streets. The approved Mountain Gate Master plan acknowledges that in numerous cases direct access onto MountainGate Drive - a collector street - will be necessary. The subject application is consistent with the adopted Master Plan in that regard. 4. Access to Lots 122 through 128 is proposed via a 480-foot cul-de-sac ending in a "hammerhead" turnaround. SDC 32.020 (5) specifies that, "A cul-de-sac, excluding the bulb, shall have a minimum length of 65 feet and shall have a maximum length of 400 feet. A cul-de-sac shall terminate with a circular turnaround, or bulb, with a minimum diameter of right of way and paving as shown in Table 32-1." Approval of the proposed cul-de-sac design would require processing of a Modification of Provisions to address the excessive length, and a Variance to address the end treatment as provided for in SDC Article II. ,5. Access to the following lots is proposed to be shared via multiple panhandle driveway arrangements: I) Lots 25, 26, 27 and 28, 2) ,Lots 44, 45 and 46, and 3) Lots 13 and 14 ' Conclusion: In accordance with SDC Article II, the applicant must submit an application for a Modification of Provisions to address the proposed cul-de-sac length and a Variance application to address the proposed non-standard cul-de-sac end treatment. This is made a condition of subdivision approval number II. The following 2 additional conditions of approval will assure full compliance with Master Plan conditions and subdivision requirements relating to transportation issues. Condition 31: a. Execute and record a joint-use access and maintenance agreements over all areas of shared access proposed for: ' I) Lots 25, 26, 27 and 28, 2) Lots 44, 45 and 46, and 3) Lots 13 and 14 b. Joint use panhandle accesses with a minimum 20 foot width and private utilities shall be constructed during the public improvement construction process. Condition 32: Provide and maintain adequate clear vision triangle at the comers of all panhandle driveways per SDC 32.070. 4d). .. and consideration of natural features." Backm-ound: SUB2003-00062 MountainGate Phase 4 54 . . The property involved in this phase is Lane County Assessor's Map #18-02-03 Tax Lot 303 and Map #18-02-04.11 Tax Lot 300. The MountainGate Master Plan, the Natural Resources Special Study, the National Wetlands Inventory, the Springfield Wetland Inventory Map, and the list of Historic Landmark Sites have been used to identify the affected mltural resources located within the current phase of development: I. The planned Park ahd Open Space areas of the Master Plan, including West, Quarry and Mountain Parks. 2. An archeological site (State Historic Preservation Office #35LA657) was identified during Master Plan approval. The site requires protection prior to and during development. The site is located along Pacific Sunset Loop. 3. There are jurisdictional wetlands and waterways delineated on the current phase. 4d) I. Archeological and Natural Resources Staff Findings: I. The Master Plan identifies the timber on the northern ridge line as a significant natural and scenic resource, citing the ESEE analysis, the Natural Resource Special Study and City Council Resolution 84-15. (See MP Finding of Fact #14, pg. 14, Justification for the Decision, 37.040(5)). MP Conditions of Approval 53-61 were applied to protect timber, steep ridge lines and subsurface groundwater and provide guidance during subsequent approvals. 2. The Master Plan identifies state registered archeological resource site #35LA657 and recommended non-disturbance and open space for the preservation of the site. SHPO Permit AP-604 was issued on January 8, 2004 for archeological survey, excavation and inventory of resources found at the site after under story was removed and the surface disturbed. The permit authorizes work on the entire Master Plan area for one year. 3. The applicant's plans propose to establish conservation easements for the discreet preservation of SHPO Site #35LA657. 4. If any artifacts are encountered during construction, there are state laws that could apply, ORS 97.740, ORS 358.905, and ORS 390.235. If human remains are discovered during construction it is a Class 'c' felony to proceed under ORS 97.740. Conclusion: The protection of natural features identified in the ESEE analysis for MountainGate and the Master Plan approval are protected within the development as proposed by maintaining pre- identified areas as open space for West Park, Quarry Park, Mountain Park arid archaeological site number 35LA657. The archeological site is a state and federally protected historic resource to be protected with open space in accordance with the Master Plan. Consideration of the above . findings of fact leads to the conclusion that proactive fiel,d analysis of the development area is being performed prior to construction disturbance. The following condition of approval is applied for full compliance with the criterion and the Master Plan: Condition 33: An archeological survey of the site shall be conducted prior to the removal of any trees or vegetation, or any construction related activities within 100 feet of site 35LA657 as identified on the plans submitted. The fmal report shall be submitted to all affected parties in accordance with SHPO Permit AP-604. Any SUB2003-00062 MOWltainGate Phase 4 55 . . remedial or protective actions recommended by the consulting archeologist, required by the State Historic Preservation Office, or the affected Confederated Tribes shall be completed prior to any construction activity or further disturbance of soils, trees or understory within site 35LA657. 4d)2. Wetlands Staff Findings: I. The City cannot authorize any work within the delineated wetlands by LDAP or public improvement project until DSL and USACOE permits are issued to allow the fill to occur. 2. The applicant obtained a joint DSL/USACOE permit to fill wetlands within Phase I and to replace the wetlands within a mitigation site within Phase 4, south of the quany. (DSL No. 25970-RF/COE No. 1998-01241) .. 3. The plans submitted show that 0.39 acres of wetlands within Phase 4 would be filled by the construction proposed. . Conclusion: The delineated wetlands located within the boundaries of the Phase 4 area have been considered during the Master Plan approval and this subdivision review. Permits have been issued for the work necessary to integrate a wetlands mitigation site including existing wetland into the storm water collection and treatment systems. The Director and the City Engineer have determined that the storm system designs which integrate the wetlands require additional information prior to approval for handling public storm water. However, the designs reflect consideration of the delineated wetlands satisfying the criterion. The following conditions are applied for full compliance with the Springfield Development Code and the Master Plan: Condition 34: Prior to construction of roads that would impact wetlands the applicant shall obtain a joint DSL/USACOE permit granting approval for such impacts. Condition 35: Prior to the filling of wetlands delineated within Lots 50 and 51 the applicant shall obtain a joint DSL/USACOE permit to allow the fill to occur. 4d)3. TreesIHillside Development Staff Findings: I. Master Plan Condition #58 requires an urban forester's analysis and report of which trees may be retained along proposed rights of way to serve as street trees. 2. Master Plan Condition #59 requires that trees on lots less than 15,000 square feet be considered in aggregate and building envelopes adjusted to preserve the largest number of trees practicable. 3. Master Plan Condition #60 requires an analysis and report by a forestry consultant with experience in urban residential hillside development. The report must evaluate existing vegetation conditions on each lot and assess the least impact for placement of buildings, decking and outbuildings. Building envelopes shall be created pursuant to this analysis. SUB2003-00062 Mou1ltainG~te Phase 4 56 . . 4. The applicant's submittal contains a Tree Preservation Plan, report and response to criteria. The plan shows building envelopes that include area outside normal setback requirements, slope and utility easements and, where appropriate, conservation easements for the preservation of trees. 5. The development report required as a condition of the concurrent Hillside Development permit and incorporated into subdivision approval requires a depiction of building envelopes for each lot. 6. The Soils and Geology report required as a condition of the concurrent Hillside Development permit and incorporated into this subdivision approval requires data regarding the geology of the site, the nature, distribution, and strength of existing soils. The report must contain conclusions and recommendations for grading procedures, design criteria for corrective measures, and options and recommendations to maintain soil stability and minimize erosion of the site. The investigation and report must be prepared by a dvil engineer/geologist. 7. The concurrent Tree Felling permit considers the proposed Tree Preservation Plan, building envelopes and utility designs. Conclusion: The above fmdings, conclusions and conditions demonstrate consideration of natural features consistent with the provisions of this code and Master Plan Approvals. Concurrent applications for Tree Felling and Hillside Development address applicable issues relating to tree preservation and hillside development. These permits have been approved with conditions to assure that construction and final Plat approval continue to include measures required to meet these code standards. Those conditions are incorporated herein as conditions of Tentative Subdivision Approval. They are listed on Attachment "A" as MOUNTAINGA TE PHASE 4 DEVELOPMENT CONDITIONS OF APPROVAL. V. Director's Decision The materials that make up the Master Plan approval provide a starting point (original design) and directions (conditions) that, iffollowed, will lead to subsequent development approvals. The applicant has submitted plans resembling the original designs; however, a number of the conditions contained in the Master Plan can not be fully satisfied until design details are submitted and reviewed through the fmal Plat review and public improvement plan process. Based on the findings and conclusions made by staff as they relate to the approved Master Plan and the criteria listed in Section 35.060 of the Development Code, the Director finds that this application, as conditioned herein to provide revised designs and supporting information, complies with the said criteria. . . The Director further fmds thai all conditions contained or incorporated herein and at Attachmenbt A of this decision must be met prior to approval of the subdivision final Plat, public improvement plans or other permits under the timeframes established in the body of this report. SUB2003-00062 MountainGate Phase 4 57 . . ADDITIONAL INFORMATION The application and documents relied upon by the applicant, and the applicable criteria of approval are available for a free inspection at the Development Services Department, 225 Fifth Street, Springfield, Oregon. Copies of the documents will be made for $0.75 for the first page and $.50 for each additional page. APPEAL . If you wish to appeal the decision of approval, you must do so at the Springfield Development Services Planning Office by the close of business on March 12, 2004. Your appeal must be submitted in accordance with the Springfield Development Code, Article 15, APPEALS and must be specific enough to allow a response to the errors alleged. If you have any questions regarding these matters, please call 726-3783. PREPARED BY Jim Donovan Planner II Phone: 541-726-3660 VI. Additional Permits, Approvals or Requirements The applicant is advised that the following permits, approvals or other requirements may be necessary as part of the completion of this project. I. An Encroachment Permit is required for all work in public easements and rights-of-way. 2. Land & Drainage Alteration Permits are required for all construction that will disturb 50 cubic yards or more of material on a site or more than 5,000 square feet of surface area. 3. A permit from the Oregon Division of State Lands (wetlands) will be required. 4. A permit from the Oregon Department of Environmentai Quality (Erosion control 5 acres or greater), will be required. 5. A permit from U.S. Army Corps of Engineers (wetlands) will be required. SU82003-00062 MountainGate Phase 4 58 (J3>F.l3H:J w., SNO/S/A311 NOUdlM::lS30 Aa 3.1VO QJW-J1S3lJ aKIl-E99ht9) llm'.l8 ' 13:nl.1S J.3)IS~~ =!)n3 d~~~;~~3E>N3 liAr::> ~AV~ 3Hl :.AlI~QN1oI ~ o ~ w W I ~ " ~ ~:... ~ !.. ~_.'~ ~~ ~ ~ """ ~ ~ ~ ~~ Ii! I ~ t~ ~ U1~~ o~g~ 5 ~ ~ ~g~ il z ~~~~ ~~~ ~ ~ I! I! ~ =; i~ ~ G~ up ~~ ~ ~~ !Q h h ~ ~~ ~ ~~ o - ~i! ~ ~~ u <ID @ <ID CID CID@ ~g ~~ I~ g~ ~1<l ~~ ~~~~~ 5~~lil~ i~~i~ ~~i5. ~~~~" ~;id~ gd:i5~ ~~ ~~~ I~:!i~ - ~ 8 J!t6 ;C: .;m 'c: 111I<10 ami: ... t . . . "' , ~ ,~ , / L / / / EXISll GGR NO 7" / , ~ / -- 7 r l\- oros ~'" [][l!1l ? - ~- - -I- ~~ ~~ " ~ d 1 d - , ~ ; ~ ! ~ . . . . . ,. .. .. '" '" PROP MITIG ., /JATUMElEY 505.00 ;1 ~. "'. ". .." "00 ". "'00 SECTION 81 .. 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'/0 In o Z o (f) > - o III ::> (f) w ~ (!J Zm"- ~z~ zoG> ::>J:-8 Oa.t5 ~OO (t) o o {\J / 'J' 'J: C 0 U S TIC' L ehur M. Noxon, PE ACOUSTIC. NOISE AND VIBRATION CONTROL engineering survey and anafysis, project design and management Mike Evans Land Planning Consultant 1071 Harlow Rd Springfield, OR 97477 Date: 3/3/2004 RE: Community Noise Impact from Proposed Mountain Gate Crushing Operation The plan for developing the Mountain Gate Project includes converting the rock from the mountain into base material and gravel for roads and residential sites. This will require blasting, hauling and crushing operations. This noise study concentrates on the crushing aspect ofthe noise generated during the rock handling part of the project. It should be mentioned here that "site work" is exempt from DEQ noise regulation standards. The mining, crushing and hauling of rock on this housing project site appears to meet the temporary condition of "site work" and the noise should be exempt from DEQ regulation. Crusher Noise Crusher noise at a distance has been measured many times. Typical noise levels will be about 66 dS,A at 1200 feet, with an open line of sight into the crusher operation. The present plan calls for two crushing sites. Site A will be located in the future detention pond area and is about 350 feet from the nearest house, located 40 feet lower and to the southwest. Site B will be up on top of the mountain and is located just over 900 feet from the nearest house, some 220 feet lower, again to the southwest. Noise from rock crushers is a well studied and documented topic. Line of sight noise from a typical crusher operation registers 66 dB,A at l200 feet. At this distance, the lateral expanse of the crusher operation is relatively small and the sound can be considered to be coming from a point source. Site A The direct line of sight noise impact on houses near the Site A crusher will be 79 dB,A. However, a very large berm is planned to be positioned between the crusher and the houses to the southwest. This berm will rise well above the top of the crusher and block the line of sight between all parts of the crusher line and any houses below. Date Received: Planner: 3~@;~O~ I orf5 ~ 3690 County Farm Rd. - Eugene. OR 97408 - Ph, 54 t -343-9727 - Fax: 54 t -343-9245 a J . . ~\. . . A IS dB noise berm for an elevated noise source here should block the line of sight between the top of the crusher and the upstairs windows of the nearby houses below by about 19 feet. The berm is called "temporary stockpile" and it's peak is located about 180 feet fromethe crusher. The peak of the berm should be set at Elevation 629 feet if the top of the crusher is located at Elevation 623 feet to achieve a 15 dB attenuation from noise out of the top of the crusher. Noise from crusher A should be impacting the nearest houses at a noise level of 64 dB,A. Site B Crusher site B is located in a cut that will later become a road, on top ofthe mountain. The distance between the crusher and the nearest houses is 6ver 900' and the ground slopes down some 220'. Due to the distance, the line of sight noise levels from the crusher should be in the range of 69 dB,A. However it is in a cut that nearly blocks the line of sight to the houses, and that will reduce the noise by about 5 dB. Further, because the ground slopes away significantly, there is an added expansion factor of about I dB additional attenuation. This puts the projected noise at the nearest houses to be around 63 dB,A. Often in longer range noise paths such as this, atmospheric attenuation is included in the calculation, in this case about -I dB. Generally noise from the crusher.atop the mountain in a cut that essentially just blocks the line of sight to the nearest houses, the crusher noise should be expected in the range of 63 dB,A. Conclusion Noise from either crusher operation, Site A or Site B should impact the nearest houses no greater than the 63 to 64 dB,A range, possibly a few dB less. Although this is well above the DEQ upper limit for continuous industrial noise, 55 dB,A, the crushing operation is temporary and only being used for site development and is a DEQ exempt noise source a;;0~ Arthur Noxon, PE Acoustical Engineer ",'"." 'I ,',' .. ,'-"':''\';'1''''~':"'''':':; .. .' . . Jo. No. 95-02-39 May 13. 1998 . . Page 15 of 42 e Mount Vernon Road and the Jasper Road areas and will reduce traffic impacts' on ountainGate Drive and on the proposed two main access points at Main Street and th 58th Street. b. Lots that ar djacent to the tennination of extended streets will s e advantages such as additio I off-site parking and bicycle riding areas an ther benefits of being adjacent to 1(rtions of improved streets that are not n essary for vehicular access. """ .' . . .' The extended streets will'p\:.ovide necessary second access to the development' .' for police, fire and life safetNervices.They will so provide emergency egress fot residents when other internal a essways are eked by emergency equipment ot for other reasons. . c. d. The extension of water lines to the bo ~r of the subject property is important for '0', r reasons of public safety. . The desig of w~ter lines that loop through adjacent... '. developments and then back into e MounlatnGale development provides .' . . redundancy in water pressure r the hydrant~erving the development and allows , for the continuation of adeq e water pressure ~en if another section of the line' ~ within the MountainGate velopment is damaged\", . " The continuation of t storm sewer system to the bo)uarles of the subject '. : . property is necessa to handle storm runoff from i~~~~~S surfaces created by'.: the development at will impact the areas adjacent to the ex nded streets lU1d to address the sit tion where development proposed by the app ~ant wlll affect, and be affected b ,natural drainage on the subject property from adJlI ent properties The full tension of sanitary sewer lines gives to property owners w' lots adjace to that extensiollmore flexibility in detennining how homes WI ook up to th system and provides for more freedom in the design and placement !l. .' st ture on the affected lots. This factor, in ttirn, allows for more options f . p serving trees on the affected lots and in designing around the topographic onstraints of the subject property. This f1e:dbility is especially important to corner lots which are allowed to contain duplex development. . e. f. Decision THE REQUEST (10. No. 95-02-39) FOR MASTER PLAN APPROVAL FOR THE MOUNTAINGATE SUBDIVISION IS CONDITIONALLY APPROVED. PRIOR TO SUBMmING ANY DEVELOPMENT APPLICATIONS PURSUANT TO THE APPROVED MASTER PLAN, THE APPLICANT SHALL PROVIDE A REVISED CONCEPTUAL MASTER PLAN INCORPORATING THE FOLLOWING CONDITIONS OF THIS DECISION: Water I. All new water system facilities and modifications to water system facilities both inside and adjacent to the proposed development shall be placed in the street right4>f-way at alocat/on and depth of bury that meets the standards of SUB. Where street right4>f-way width is inadequate to acconunodate the facilities, then the applicant must provide publte utility . . '.:< , Jo. No. 95-O2-39:.~;' May 13, 1998 .;::t ; Page 19 of42.,;;,", ,~ . >- master stonnwater system sufficiently to comply with Section 32.110(4) lis detenninedY" by the City Engineer. ': ' 28. . Prior to or concurrent with development of any phase south of Line "A" on Exhibit 2, Appendix E, the applicant shall provide detailed plans for the detention ponds proposed at the "School/Park" site, . 29. Prior to or concurrent with the development application for any phase north of Line "A", : on Exhibit 2, Appendix E, the applicant shall provide detailed plans for the detentiort pond and wetland mitigation near Aster Street and MountainGate Drive. 30. For all publicly maintained ponds, maintenance vehicle access must be provided around the entire perimeter of each pond. For publicly maintained open drainage channels, access paths, a minimum of 7 feet wide, must be provided along at least one side of every channel. Access must also be provided and guaranteed for all stonn drain manholes located outside of a street right-of-way, 31. Discharge of stonnwater from public facilities onto private property is expressly prohibited and all lots tributary to such stonn drains will be restricted from development . until a connection to a public system is provided. 32. The design engineer shall incorporate drainage benches, private stonn drain systems, and other features as may be recolTunended by the project geotechnical engineer and approved by the City Engineer, at the top of all cut slopes, and along the exposed face of all cut and fill slopes to reduce the potential of erosion on these slopes. Transportation 33. The following designlllodifications shall be made: a. A variance request must be submitted for K, M and I Streets and any other location where the maximum length of a cul-de-sac (dead end street), excluding the bulb, exceeds 400 feel. b. The length of a temporary dead end local street (due to phasing sequence) cannot exceed 1000 feel. Local dead end streets in excess of City standards shall not be allowed without a financial guarantee (bond) that the street' will be . completed through to another outlet point within t1uee years. The temporary dead end street will always provide appropriate turnarounds for emergency vehicles. c. Temporary dead end streets in excess of City standards will be provided with 8 ( temporary, secondary emergency vehicle access un iiI the completion of the street provides a permanent secondary access. . d. . Temporary dead end collector streets requirements are addressed in the evaluation of development phasing. ..,._--...__............,..~-.,."...~~< . , ,.. . . "". .. ".' . .. " 'I." ''".' of MountainGate Drive within three years. 10. No. 95-02-39 ;: May 13, 1998 ., Page 22 of 42 .. . .:" ;: ;:.j.... ..}': 51. Appendix E of the MountalnGate Master Plan inevised to relocate Line "A" to a point along Street "0" no more than 1,000 feet from the intersection with MountalnOate Drive provided a secondary emergency access is provided, otherwise, 400 feet frotti the . intersection. 52. Secondary accesses to each phase of the Master Plan for police and fire response !nust . be provided as development progresses along the directions Indicated in Appendix E of the MountainGate Master Plan. Protection of Resources 53. This decision is founded, in part, on the assumption that the provision of adequate park and recreation and other services will be adequate to serve the proposed development because the resources will be transferred to public ownership and because theY.\\IHI be . appropriately designated on the Metro Plan Diagram and rezoned accordingly. trl.tl!gard to the former expectation, the following shall apply: ;' . a. An agreement between the applicant and Ule WilIamalane Park and Recreation District for the transfer of Mountain Park Rnd West Park into public ownersWp shall be executed prior to the platting of the subject property south of Line "A," . . ;jo- b . An agreement between the applicant and the WilIartlalane Park and Recreation District for the transfer of SchoollPark (Quarry Park) into public ownership shall be executed prior to the platting of the subject property south of the intersection of MountainGate Drive and Street "C." A1so,.and-withln this timeline, the applicant shall submit to the District a {iclar.nat.ion pian-~r the quarry that will demonstrate that the proposed rehabilitaUon'oC-tlllnfuarry will result in a site suitable for its intended purpose; I.e., a neighborhood park, c. An easement providing pedestrian and bicycle access between Mountain Park and West Park shall be executed prior to the platting approval of Phase II of the proposed development. 54. Open space depicted on the Conceptual Master Plan, page I, Figure I of Exhibit 2, including Mountain Park, West Park, park access easements, and archaeological Site 35AL657, excepting tile School (quarry) Park, sllllll be designated Park and Open, , Space on the Metro plan Diagram and classified Public Land and Open Space on the Springfield Zoning Map. The Metro Plan amendment shall be Initiated, with " concurrence by the applicant, by the City and the Willamalane Park and Recreation. District prior to platting any lots south of Line "A" on Exhibit 2, Appendix E of the. ' " Master Plan. The zone change shall be initiated by the applicant prior to platting ilny lots south of Line "A" on Exhibit 2, Appendix E of the Master Plan. 55., The School Park depicted on the Conceptual Master Plan, page I, Figure I, of Exhibit . 2 shall be designated Park and Open Space on the Metro Plan Diagram and classified Public Land and Open Space on the Springfield Zoning Map; The Metro Plan amendment shall be initiated, with concurrence by the applicant, by the City and the ;SESSMENT TAXATION JNLY . SECT.N 3 T.18S. LANE R.2W. COUNTY \ CITY OF SPRINGFIELD SCALE 1" = 400' ESE Cor R.G. HIXON OLC No 47 ~. - MT. VER c5~'5--~I" h T L 501 ~~ 7 ~~''o'' VI" ~J' .... . ~ ... " "( "'~ ~ ~ 'I 'I" ' \..; ,~ -Z.2?: 'r h SEE MAP ~ ,506.45.l ,'18-02-04-1-4 .~ ~".J:,'u'-' " ~7T',~_ "1:::." !is'-. '.A~'; ~ ;; l!;o wErr_-/-c.t.9(" W,E.rr-i81.~~' o "l\; _ 503 . ~~ 504 I !ld~' :! _~~.--- --- ..~ C\J . . ~(}fi~r~";;;-- ~~ o ~ f.6'3.":J'-".A__ ", .30' 18-02-03 TL 303 '- SEE MAP 17-02-34-3-3 SEE MAP l' 33 'SO a'3~9'j.11 ~ H.B!!- /Pc.. T I <;t o I (\j o ----- -a-ee- 303 330.24 'SITE AC, T. a. <t :!; w w (J) CURVt lC :: 297.27' S 55.5{'30' r fj,::30'04'14' R '" 572.96' l :: 300.71' T :: (153,90') 51""',51 AC/CS S.24 <;t I I <;t o I (\j o I <D a. <t :!; w w (J) " ~' . Q Q >i J ------ ~ ~ <( ~. 3-3-64 '. , 'I ;~ SE C OLC 14-+C..z.5' J~6.<9-J' ..Me'.S';l....,(/.~. (37~ 7 S,' ) ~ ~ ~ ~ J VI' f/4 '.' ......0 ~I) ~ ....'. v.iJ' ' COr: , . , ~ ' tl'':!. " ,? (!) /3.0B A.CS. 93+79.0 EC AH= 93+91.6 EC BK CURVE lC = 480.29' S 19'45'30' E r 6. '" 39'10'54' f-4 R~16.20,11. [","'MQ77'U ~ . . APPLICATION FOR DISCRETIONARY USE PERMIT TYPE III MOUNT AINGA TE MASTERPLAN APPLICANT'S NAME Land Planning Consultants 1071 Harlow Road Springfield, OR 97477 Phone - 541-726-8523 PROPERTY OWNER'S NAME Wiley Mt. Inc. & Leelynn Inc. P.O. Box 518 Creswell, OR 97426 MAP NUMBER & TAX LOT 18-02-03 tl 303 SIZE OF PROPERTY Approximately 9 acres of the 330 acre parcel. EXISTING USE OF PROPERTY Former rock quarry. BACKGROUND INFORM A TION This Discretionary Use Permit application is submitted to fulfill Conditions 28 and 53b of the MountainGate Masterplan approval (10. No. 95-02-39). These conditions require reclamation of an onsite quarry to create a site suitable for a neighborhood park and detailed plans for the detention ponds to be located within the park. PROPOSAL DESCRIPTION A portion of the site is a wetland mitigation site approved by the Oregon Division of State Lands (No. 25970-RF) and the Army Corps of Engineers (No. 199801241). Date Received: J....2/D0 Planner: 1 of:LO r~' . . Development of the mitigation site and construction of a detention pond as cited in the Masterplan require lowering of the existing quarry floor 3 to 5 feet and approximately 11 feet respectively. 30 to 90 foot vertical walls extend around the majority of the North and East portions of the quarry which present a potentially dangerous condition for future public usage. In order to reshape quarry walls and to create basins for storm water detention and wetland mitigation this application for reclamation requests approval to remove up to 100,000 cubic yards of rock for reuse on site. The rock would be blasted by a licensed explosive expert to shape the quarry and fragment the rock. 40,000 cubic yards of rock will be used on site as pit run material for fill. The remaining 60,000 cubic yards of rock is proposed to be crushed at the quarry in a below-grade pit (see attached cross section). Two other locations are shown on the overall site map that might be used for the crusher location depending upon timing for preparation of the quarry site and storage requirements for pit run and processed rock. Details for the mining and crushing operations are included in the attached operations plan. The final form of the reclaimed quarry walls will be determined through the mining process. For example, the perimeter wall will be shaped based partially upon the consistency of subsurface materials encountered during the excavation process. Preliminary discussions have occurred and continue between Willamalane representatives, the applicant and the applicant's landscape architect, Brian McCarthy with Cameron & McCarthy. The general design agreed upon to date anticipates the following: a. The perimeter wall will be reformed within the excavation limits shown on the reclamation plan map. In order to maintain some of its current visual quality along with increased safety and utility the current concept is to have a combination of features including a loose rock slope of I :5' or 2:0' horizontal to I' vertical, a series of shallow benches and possibly an area of tall vertical wall with security fencing at the top. b. Final design of the detention basin is subject to approval by the City of Springfield as a functional component of the storm water system for the MountainGate development. The design preferred by the applicant and Willamalane would include the following concepts: The detention basin is nearly 2 acres in size which allows it to accept and control storm water in extreme events (100+ year storms). This may allow its use for other purposes most of the time. The basin could be graded with slopes that direct storm water to specified locations during most (10 to 25 year) storm events. The remaining area would then be useable for recreation purposes when precipitation is light and certainly during summer months when it would be most useful. The floor of the basin would be covered with soil and seeded. 2 . . c. The wetland mitigation area located between future MountainGate Drive and the detention basin has been approved by the Oregon Division of State Lands and the Army Corps of Engineers to replace wetland areas to be filled within Phase I of the MountainGate development. Details of the resulting wetland are shown on the permits attached. 10.030 CRITERIA. (1) Except for private/public elementary and middle schools and certain wireless telecommunications systems facilities, a Discretionary Use may only be allowed if the Planning Commission fmds that the proposal conforms with the following criteria: (a) The proposed use shall conform with other permitted uses in terms of scale, lot coverage, design, intensity of use and operating characteristics. The use requested is a temporary use of the site that is necessary to reclaim the quarry as required by Condition No. 53b. of the MountainGate Masterplan approval. The Masterplan also requires an agreement to transfer the site to Willamalane for use as public open space in order to accomplish the open space designation and use as required by the ESEE analysis for MountainGate (May 29, 1995). The site is currently zoned UF-IO and is designated as Low Density Residential on the Metro Plan. The Metro Plan specifies that neighborhood parks are allowed uses within the residential land use designation. (II-E-2, Feb. 2002). The ultimate use of this site as a neighborhood park has been predetermined by the Masterplan approval and was found to be consistent with adopted plans. Reclamation of the quarry to accommodate this intended use is also required by the Masterplan and the plan must demonstrate that the proposal will result in the site's suitability as a neighborhood park. Willamalane has agreed that the reclamation plan proposed will result in a site suitable as a neighborhood park (see attached letter). Temporary use of the site as necessary to reclaim the quarry therefore conforms with other permitted uses. (b) The proposed use shall not generate more traffic on local streets or more demand for public facilities than would permitted uses in the same zoning district. Onsite processing and use of the aggregate material existing at the quarry will eliminate the need to import the same amount of material from other locations. Engineer's estimates for material needed for the construction of the MountainGate development exceeds 100,000 cubic yards of crushed rock and 100,000 cubic yards of pit run material. Reclamation of the quarry as proposed could provide approximately 100,000 yards or hal f of the needed material. 60,000 yards of the quarry rock material would be crushed for use as street subgrade and trench backfill. 3 . . Dump trucks haul approximately 8 cubic yards and truck-trailer units can haul approximately 15 cubic yards per round trip. Depending on the size of trucks used, production of rock for onsite use would eliminate 13,000 to 25,000 truck trips to and from the site over the duration of the street and subdivision construction project. The closest sources for construction rock material are South of Main Street approximately 5 miles West (Morris/Springfield Quarry) or North of Beltline approximately 13 miles Northwest (Eugene Sand, Wildish, Egge). Depending upon the portion of the property being developed, truck routes from any of these quarries is either along 58th Street 0.4 miles South of Main Street then along a private access road into the site or east along Main Street to a new street intersection along the site frontage. The greatest traffic impact to residences would be from the 58th Street route which parallels a residential development located along the West side of the Weyerhaeuser Road. The use proposed will not generate more demand for public facilities and would result in less traffic on local streets. (c) The proposed use conforms with applicable Metro Plan policies and applicable descriptions of Land Use Designations shown on the Metro Plan Diagram. Expansion of an existing Discretionary Use shall be exempt from conformance with Metro Plan land use designation descriptions. The following Metro Plan Polices relate to the proposed quarry reclamation proposal: Parks and Recreational Facilities Element - Policy 3 Accelerate the acquisition of park land in projected gro wth areas by establishing guidelines determining where and when developers will be required to dedicate land for park and recreation facilities, or money in lieu thereof, to serve their developments. A major component of the MountainGate Masterplan is the integration of a residential development and large areas of open space (Mountain Park, West Park, Quarry Park and connecting access ways). The Masterplan has specific conditions for the timing of agreements between Willamalane and the developer and for changing the plan designation and zoning of approximately 90 acres to park and open space. See Masterplan Condition 28,53, and 55. This application to reclaim the quarry in preparation for its use as park and open space implements Condition 28 of the Masterplan that requires the conversion and other conditions of approval adopted by the Masterplan to implement this Policy. 4 . . Environmental Resources Element - Policy 11 Local governments shall continue, through land use planning and special regullltions, to control sand and gravel extraction and production in order to: a. Minimize negative effects on surrounding land uses, on air and water quality, and on other natural resources. b. Require reclamation plans for extraction and processing areas which encourage reuse of such lands in a manner compatible with adjacent land uses, adopted plans, and in accordance with state law. c. Allow other appropriate uses, such as agricultural production, timber production, parks and other open space uses. This Policy may not be directly applicable to this application for a one time mining operation to reclaim the existing quarry. None-the-less, it provides guidance for how the operation should be treated. The only area directly impacted by the reclamation will be the quarry site itself Adjacent land will not be mined. A blasting plan and a mining operations plan have been developed to control activity such that it minimizes potential negative impacts upon nearby residential development as much as possible. One purpose of the mining is to create detention facilities within a stormwater system designed to maintain volume and the quality of water flowing from the adjacent future residential development. The reclamation proposed will result in a site that will be used as open space under the ownership and control of the Willamalane Park District. This is in conformance with the adopted MountainGate Masterplan and the ESEE analysis for the MountainGate property. Use of the area as a neighborhood park is a use allowed within the Metro Plan definition of the residential land use designation. Environmental Design Element - Policy 8 Site planning standards {leveloped by local jurisdictions shall allow for flexibility in design that will achiel'e site planning objectives while allowing for creative solutions to design problems. This Policy has been implemented within the approved design and conditions of approval for the MountainGate Masterplan. This request to allow quarry reclamation for open space use and stormwater detention is consistent with the plan and conditions of approval. Once reclamation of the quarry is complete and final approvals for storm drainage and wetland mitigation are gained from the City of Springfield, the Oregon Department of State Lands and the Army Corps of Engineers, a site plan will be developed by Willamalane to address specific design details for the park development. Use of the abandoned quarry as park and open space within a residential development is a creative solution that evolved from the Masterplanning process to meet site planning objectives. 5 . . Transportation Element - Policy F.13 Support transportation strategies that enhance neighborhood livability. Through the lengthy process of constructing street, infrastructure and homes within the MountainGate project traffic impacts within the 58th Street/Mt.Vernon neighborhood can be lessened by reclamation of the quarry to allow on-site use of the aggregate resource Onsite use of the 100,000 cubic yards of material produced through the reclamation process could eliminate up to 25,000 truck trips that would otherwise travel to and from the site on public streets. Summary and Conclusion As previously stated this application is submitted to comply with Condition 53b of the MountainGate Masterplan approval requiring a reclamation plan for the quarry. The Masterplan contemplated the floor of the quarry to be used for stormwater detention and Condition 28 requires a detailed plan for these ponds. Since approval of the Masterplan, Federal water quality standards applicable to the City of Springfield have caused the size of the detention facilities to increase several times above that originally anticipated. As a result, a major portion of the upper quarry floor (about 2 acres) must be used for stormwater detention. Another factor not contemplated at the time of Masterplan approval is the use of a portion of the quarry as a mitigation site for wetlands to replace 0.90 acres filled to accommodate the Main Street connection and detention pond within Phase I of Mountain Gate. A future site plan required for park development will incorporate specific final details for the detention pond, wetland mitigation areas, associated trails and vegetation. In any case, the quarry walls will generally be sloped at 1.5 feet horizontal to 1 foot vertical within the impact area shown on the map submitted. Within the impact area however, final grading of the wall will vary to create desirable features for Willamalane's use such as a steep loose rock slope, benching and perhaps a secured vertical wall. The potential for temporary impact upon the residential neighborhood across Weyerhaeuser Road is obvious. A blasting plan and mining operation plan have been prepared to minimize these impacts as much as possible. An experienced explosives expert and blasting consultant have been employed to survey the site and surrounding area to recommend methods of blasting and precautions necessary to maintain maximum safety and neighborhood comfort. The crushing plan has been developed by an experienced rock crushing contractor in consultation with a noise expert. This plan has also been developed to minimize disruption to the neighborhood (primarily from noise) as much as possible. Based upon the information provided the applicant submits that all applicable criteria and related plans, policies and regulations have been met to allow a discretionary use permit for reclamation of the quarry as proposed by the plans submitted. The applicant requests that a permit be issued with conditions of approval requiring conformance with the 6 . . blasting and mining operations plans submitted with modifications as may be found appropriate after public input to minimize impacts as much as possible. Attachments Mining Operations plan Site Plan Crusher Cross Sections Master Plan Conditions (No. 1995-02-00039) Stormwater Drainage Plan Willamalane Letter Noxon Letter Conceptual Park Design 7 . . MINING OPERATIONS PLAN This plan is submitted to provide details for the mining activities proposed to reclaim the quarry site to produce aggregate Ipaterial for on site use in a manner that minimizes impacts upon nearby residents The mining operation will be temporary, lasting only for the period of time necessary to complete the reclamation project. It therefore is not subject to Springfield Development Code Article 24 that applies to properties zoned as QMO - Quarry and Mine Operations District. However the standards of SDC 24.050 may be used as guidelines for the reclamation process. Some standards will not apply or will be modified due to the unique circumstances of this application, which are to create a reclaimed site to be used specifically for storm water detention and for park and open space usage as directed by the Willamette Park and Recreation District. GENERAL OPERATION DESCRIPTION. Reclamation of the quarry as proposed involves removal of rock from the lower (southern) quarry floor for use as a wetland mitigation site, removal of rock from the upper (northern) quarry floor for use as a stormwater detention basin, and resloping the existing wall to increase safety and function for park and open space purposes. Approximately 100,000 cubic yards of aggregate material would be removed from the quarry and would be placed in other locations on the property for street, utility and residential construction. 60,000 cubic yards is to be crushed and 40,000 yards of pit run material is to be placed as fill. The quarry must be blasted to fragment the rock prior to its being removed. Standard mining practices would blast a volume of rock, remove the rock, and then repeat the process. The process to be used here is to perform the blasting necessary to fragment all the rock to be removed from the quarry within a single condensed time period. The blasting will be conducted by an experienced blasting expert according to the recommendations of a blasting consultant. Most if not all of the crushing is proposed within the quarry site itself The site plan shows two additional locations where the crusher might operate to spread stock piles and/or during excavation of the quarry to create a pit for the crusher. The location will be determined based upon the timing of construction permits and progress. Ideally the rock would be removed from the quarry and placed in its final location. Where this is not possible the material must be left in place or will be temporarily stockpiled. The crushing operation may have to change locations to accommodate stockpiling needs. 8 . . Crushing at the quarry will involve locating the crusher at the quarry floor. This will maximize the setback from dwellings to the west and maintain a rock wall between the crusher and dwellings. It will also allow adequate area to maintain a rock pile between the crusher and dwellings to reduce noise impacts. On the north ridge location the crusher will also be located below existing ground surface and a rock mound will be placed on the west side as a sound barrier. OPERATION AND RECLAMA nON STANDARDS (SDC 24.050) SDC 24.050 OPERATION AND RECLAMATION STANDARDS. Information submitted as part of the Reclamation Permit process required in Section (1) 24.040 ofthis Article shall be evaluated against the following standards by the Director: (a) In lieu of uniform setbacks for all quarry and mine extraction operations: Setbacks from adjacent properties shall be sufficient to protect the normal (i) activities of residences, businesses, industries recreation and other uses permitted under this Code. Setbacks from adjacent properties shall be a distance sufficient to minimize (ii) hazards to persons and property resulting from blasting, slides, slippage, subsidence, ground and surface water contamination and depletion and other hazards. The setbacks from adjacent properties is predetermined by the existing location of the quarry. The mining proposed will be a temporary one-time operation that will not expand the impact area. Blasting will be conducted according to methods designed to provide maximum protection for adjacent properties. Once the rock is removed the quarry floor will be sealed with clayey soil and vegetated to limit subsU/face seepage and to create a wetland and park site. (b) Any night lighting shall be arranged and controlled so as not to illuminate adjacent properties and uses permitted under this code. No night lighting will be needed for the reclamation proposed. The hours of operation shall be determined by what is necessary to protect the (c) surrounding activities from disturbance caused by quarry and mining extraction operations. Surrounding activities that would be disturbed by the mining operations are the residential uses occurring within a development located across Weyerhaeuser Road to the south and west. In order to reduce the impact upon most residential activities the hours of operation are proposed to be 8 a.m. to 6 p.m. for crushing and 7 a.m. to 7 p.m. for other activities. Days of operation for crushing are proposed as Monday through Friday, excluding holidays. Fencing around the quarry and mining operation shall be required when it has been (d) determined that the location, type and nature of the operation poses hazards to the safety ofthe surrounding residents and public and private property. 9 . . The mining activity will be conducted on private property behind locked gates. No additionalfencing is proposed but pedestrian accesses into the site will be blocked. When expansion of an existing operation is in close proximity to existing or planned uses potentially incompatible with QMO District uses, or where there is a conflict with (e) any other resource that appears on an adopted environmental resource inventory, the application ofthe Q M 0 District or the expansion of an existing operation may be limited to a specific portion of a property in order to encourage the compatibility and proper management of land uses. This application does not propose the expansion of an existing operation or site. There are no adopted environmental resources that will be impacted by reclamation of the existing quarry. All mining spoils shall be disposed of in such a manner that they will not create a (I) geological hazard or contribute to water pollution through leaking, leaching or erosion. Management of mining spoils shall be in a manner which is consistent with the standards of the local soil and water conservation district. Overburden and topsoil not removed from the property shall be placed and stabilized (g) in a manner that does not create safety hazards or nuisances for adjacent properties. The minor amount of overburden (soil) that may be created will be placed on the floor of the quarry or in other locations on the property where it will be used as a planting media. (h) Screening shall be required where it is determined necessary to minimize the visual impact of the quarry and mining extraction operation on neighboring properties, residences, commercial, industrial, park and recreational or other land use activities. Weyerhaeuser Road is elevated above the residences located to the west and south that provides a bllffer for the quarry site. The southwest wall of the detention basin will be maintained throughout the operation and will provide additional buffering. In addition a pile of rock will be placed and maintained between the crusher and residential uses to the west and south. A rock pile will be maintained west of the upper ridge crushing site. (5ee attached cross sections maps) n Wherever possible, existing trees, shrubs, and other types of vegetation along road I frontages shall be preserved, maintained and supplemented. No vegetation will be removed along road frontages for the mining operation. Once the quarry is reclaimed new vegetation will be established along the frontage of the future MountainGate Drive right-of-way as part of the approved wetland mitigation plan. When the quarry and mine operation includes the use of open shafts or tunnels, the Ul entrance to all shafts and tunnels shall be covered, closed off or otherwise protected against entry during non-working hours. No open shafts or tunnels will be created or used in the operation proposed. Reclamation of land subjected to quarry and mining extraction operations is an (2) ongoing process which shall occur as phases of the quarry and mine extraction operation are completed. The application for the Reclamation Permit specified in Section 24.040 ofthis Article shall comply with the following standards: (a) General Provisions and Timing. (i) A schedule for reclamation shall define areas covered by each phase and the probable 10 . . timing. The phasing for this reclamation operation is anticipated as following: 1. A single phase of blasting is proposed that, if approval timelines are met. would occur in late spring or early summer of 2004. Site preparation and blasting would be completed with a period of approximately 4 to 6 weeks. 2. Phase 2 will be the reshaping of quarry walls and removal of rock from the detention pond. Depending upon construction approval timelines, this material would be extracted and be compacted in place within the subdivision beginning early summer of 2004. The material may otherwise be stockpiled to allow creation of the detention basin as early as possible. preferably in 2004. 3. Phase 3 will involve Ihe removal of rock and shaping of Ihe weiland miligalion sile and will basically be a conlinualion of Phase 2. This sile willlhen be covered wilh soil and vegelaled. (The DSL/USA COE permils require Ihe weiland site to be developed by fall of 2006.) 4. The rock crushing operalion will occur concurrenl wilh Phases 2 and 3. It is anlicipaled Ihallhe crushing will be compeled with one or Iwo selups ralher Ihan crushing smaller amounts of rock inlermillenlly over a longer period of lime. Rock crushing is anlicipaled 10 be compleled by Ihe end of 2005 bul is desiredfor complelion by the end of 2004. 5. Placemenl and use of Ihe majorily of Ihe rock is expecled 10 be completed by the end of 2005 (depending upon cily approvals and progress of conslruclion). Stockpiled malerials however will remain on sile indejinitely unlilused in Ihe subdivision development projecl. (ii) Reclamation operations shall be consistent with the Metro Plan. The reclamalion is consislent wilh Ihe Mell'o Plan as discussed under Ihe Discretionary Use applicaliol1. All structures and buildings used in conjunction with the extraction and storing of (iii) minerals shall be removed following completion of the operation, unless such structures or buildings are suitable for other permitted uses or as determined by the Director. The reclamation proposed does not require Ihe use of slruclures or buildings. (b) Topsoil and Fill Material. Materialnsed in refilling holes, pits and excavations shall be of a quality that (i) will not decompose, contaminate or pollute the groundwater or surface, or cause subsidence either during the operation ofthe excavation or upon termination of the qnarry and mine operations. Any holes, pits or excavalions requiringjillingwill bejilledwilh quarry rock. All graded or back-filled areas, or banks shall be covered with topsoil to a (ii) depth sufficient to support vegetation and/or other approved cover adequate to control soil erosion. 11 . . Both the wetland mitigation site and the detention basin will have at least one foot of soil placed in the bottom to limit seepage and support vegetation. Erosion and runoff is controlled by the stormwater control system to be installed for the site. (see attached drainage plan) (c) Slopes and Grading. Excavations made to any setback lines shall meet the following requirements: (i) Where excavations have not been made to water-producing depth; Slopes that are steeper than that of the immediately surrounding area shall be acceptable if they are designed by an engineer with expertise in the field of rock and A. soils mechanics and acceptable to the State Department of Geology and Mineral Industries. If the slopes are steeper than 1 vertical to 1 1/2 horizontal, provisions should be made so that people and wildlife can find safe egress from the excavation area. With one possible exception maximum slopes have been designed by the project engineer as 1 foot vertical to 1 )oj foot horizontal. Actual designing of the reshaped quarry wall will occur during the blasting and rock removal process by the developer, the project landscape architect, and Willamalane representatives. The objective is to create a variation infeatures as allowed by the integrity and type of rock formation encountered in the removal process. Desirablefeatures include a vertical wall spillway and possible climbing wall that would be fencedfrom above for safety and benching with variable heights and widths. Some form of trail system is also anticipated. The specific design must be submittedfor public input and City approval through a required site plan review application. The bottom of any excavation shall be graded so that drainage flows into B. one low area ofthe excavation. If drainage from this site is practical, the site shall be graded to discharge water to existing natural channels. The bottom (jf the detention basin is designed to meet City of Springfield standardsfor the storm water system to be constructedfor the MountainGate development and is ultimately subject to City approval. The design submitted directs water to a low flow channel and controlled outlet into the City stormwater system and a natural channel. (ii) Where excavations have been made to water-bearing strata; Excavations made to a water-producing depth creating lakes and ponds A. shall be deep enough to prevent stagnation and development of an insect- breeding area or back-filled with material that will not impair the groundwater quality. All banks shall be sloped at a ratio no steeper than 1 vertical to 2 B. horizontal to a water depth of 3 feet, measured from the low water mark, and to 3 feet above the high water mark. All grading shall be done to establish safe access to and egress from water C. for persons and wildlife. Except as provided above, upon completion of operations, the condition ofthe land shall allow sufficient drainage to prevent water pockets or significant erosion. Natural drainage should be maintained so as to prevent harmful effects on neighboring property. The rate of drainage shall not be increased over what it would have been if the site had remained in its original use. (iii) 12 . . Drainage of the reclaimed site is subject to approval by the City of Springfield as part of the stormwater 5ystem to be constructedfor the MountainGate development. All quarry faces which exceed 45 degrees should be benched. The bench face (iv) ratio shall not exceed 1 1/2 vertical to 1 horizontal. Benches shall be at least] 0 feet wide. This standard, which othenvise applies to QMO zoned properties, does not apply to this application. This reclamation is a one time project for the purpose of creating stormwater detention and a usable park/open5pacefeature. As such the quany walls will be designed tofunctionfor use by the public with appropriate safety features, utility and aesthetic values. 24.060 BLASTING STANDARDS. Operators using explosives for quarry and mine extraction shall follow explosive regulations and use engineering standards acceptable to the Public Works Director, based on physical conditions and atmospheric conditions of the site so as to prevent injury to persons and damage to public and private property. When blasting is to be done within 500 feet of an occupied building, the operator, or (1) an authorized agent, shall notifY all occupants that a blast is to be initiated. Notice shall be given not more than six hours nor less than 30 minutes prior to detonation and shall include the approximate time of the blast. Each operator shall maintain a record of each blast for at least two years. These (2) records shall be available to the City, the State Department of Geology and Mineral Industries and other governmental agencies with appropriate jurisdiction upon request. The records shall show the following for each blast: (a) Name of quarry or mine. (b) Date, time and location of blast. ( c) Description of type of explosives and accessories used. (d) Time interval of delay in milliseconds. (e) Number of different delays. (1) Number of holes per delay. (g) Nominal explosive weight per hole. (h) Total explosive weight per delay. (i) Total weight of explosives per blast. (j) Blast hole diameter, depth, spacing and stemming height. The applicant proposes to submit a blasting plan prepared by a blasting consultant that includes the above standards as well as procedures and methods to maintain maximum 13 . . ~ safety for this site specific project. Once approved the blasting plan should be adopted as a condition of approval to be met through the reclamation process. , 14 ~rom: ~aVrijClU IU; MI~.\I t.Varl5 . ~ n ~ -, - .,;=~ 8 ~'->.-,::-r- 3 THE FAVREAU GROUP CIVt.ENGNEE'RIIlG 1='00'BmAL P.QCk CRUSH:=R l.OCATlONS - o MQUr-.rTAINGATE P~.'3E4 R:E.~'!1CJ-jS CITY OF ~r'INr,r'tLO I'\JILX"'~SecJl"/'_ ',..n.~ r<l€e~ Ol,j r1Ufll; ~i:l~Ib'dU tv, r;:'~.~ ~Vi:llr" L.I~''', ..(;1<::'<::'. VoJ IU'U;I; -:>.;:....";>1;.1 ,M r~l1.;;lu'oJ ,. - -. I \ ! / \ , ~! , .~~ \ " ! e- /, '\ J! / / , / , , / r " I ! - -' -<." ~I--- '-,~ O~ ", / ; ~ , . i ! - . . . , ~TlA'lifV ~ ,. ,. ". ". ,.. ,.. ,.oo ,.. ". ... SECTIOfl A-A ~ , -. / . -- -" -- r\ ! " \ I) ~ / '-" ~~ , . f i i i i i i i ,.. ... l+l~ "oo !<!oiI m . m ~~= -mon-. ~ .. SECTION B- B J::> '1::"- 0='- ~ 5 lHE FAVREAU GROUP CIVIL ENGINEERING POTEN"TIAl ROCK CRUSHER SECTIONS MOUNTAINGATE PHA.SE4 ~ :roalUU~<;!ll!E" ~CJ>~""'fU11I1U_':.u "- 0,"_ lI> J..:e"'11Oi REVISlOIJS I U-Il, CI1YOFSPRINGFI[LD nflLlC_Stv'UTwJrl RECORDING REQUESTED By FIDELITY NA lIeNAL . COMPANY OF OREGON GRANTOR'S NAM" Alberts Development LtC . GRANTEE'S NAME lee Lynn, Inc. and Wiley Mt.. Inc. CO.,LLC and Frontier l~!lc:t1' ,'... .: li<~~!~~' ,;,;""",.p .(r,r:'~~j' ;,~~~:~~r..~~,~^l' ~;~~:r' .:-4.,0'1-..(1.."'1. ,(\~ ~'yi~ "r "" 'F "'--',.~ ,~",,\,, -1;'7 ~;{t~ ~/.'... 4.";.' ;('(.\ C)'. .J' '1'~, -\' ., .(" Dlylol.n ., Chle' Depuly Clerk l.n. County D.t!Ids and R.col"'d. SENO TAx STATEMENTS To: Leelynn, Inc. PO Box 518 Creswell, OR 97426 2~~I.IIJ~~~ ' ~1~mmJll~~IW~11~1~WII!~~!~~!~el e4: Ie ~:: ':~ RPR-OEEO Cnl.! SIn.! CASHIER 05 t20.00 tll,00 tlh,00 I . SPA"C'!Al;lOVt I HIS lINE"rnn-fH:COHUl:A 9 USE AFTER RECORt)INCJ RETURN TO: Leelvnn. Inc. PO Box 518 Creswell, on 97426 STATUTORY WARRANTY DEED Alherts Development Ltc, Grantor, conveys find WArrants to Lap-Lynn. Inc.. A Oregon Corporation And Wiley MI.. Inc.. a Oreooll Corporetlon nnd Frontier LAnd Co.,LLC, B ltd. liability Co.. os tenanls In common, Grantee. the following described real property, free and clear of encumbrances except as specifically set forth below, situated In the County of , Stn.le of Oregon. SEE EXHIBIT ONE ATTACIlEO HERETO AND MADE A PART HEREOF SuhJect 10 and excepting: Covenants. conditions, restrictions and eAsements of records. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LANO USE LAWS ANO REGULATIONS, BEFORE SIGNING OR'ACCEPTING THIS INSTRUMENT THE PEnSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DEIERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS OEFlNEO IN ORS 30.930. TilE TRUE AND ^CrUAL CONSIDERATION FOR TIllS CONVEYANCE IS $2,300,000.00' (Soe ORS 93,030) 'WHICH IS PAID BY AN ACCOMMOOATOR PURSUANr TO AN IRC 1031 EXCHANGE DATEO: Mmeh 14, mill -7 ~ AlbO",\'"Vo10;'fJ7t LI. " o'-tt~:lJebillIY Co, By: (cJJ YI. i~i~1 ~1:"^lberts,Mernb r STATE OF O~E~ON . COUNTY OF bkl!'- 0 / by Todd M. Alberts as Member ~s_oev I__~~U:~... ~. --::-___n._ ._ '~~;.~-~:.~.,:"",. _ -~'r;:I(m1EM~~ ~ ~ _.~ N()I/lrh~UBnz" r;f)\I""SsroZlIC.onEGON ~Y(;~~~':'~~I~~~~~'iJB, 2001 NOT""" l"'"'f"UB8tTr'jr~afif50r\f Mr'COMMisSI~t-J 6.rrnES~. / c:::......... ~ ~<- I"'OnO.313 (niiv"'Zf!6)____________' STATurorw WARRANTY {)Em / IJ.LU(//>?, ~;:: ! Order No. 02-100808-48 . . ! EXHIBIT "ONE" ~O? P -(V '. ARCEL 1 Beginning at a Point on the Westerly line of the S. D. Gager Donation land Claim No" 46 In Township 17 South, Ranga 2 West of the Willametle Meridian, 1742.2 feet South 00 ai' 30H. . West of the Northwest corner thereof; said point also being on the South line of EVERGLAbE .. . PARK, es platted and recorded In File 72, Slide 34. Lane County Oregon Plat Recotdef!lr1d' . running thence South B9" 44' East 600 feet to the Southeest corner of seld EVI;RGlAbE. . PARK; thence North 0" 01' 30" ElIst; parallel with the Wllet line of !!lIld Donlltlon ldndClelm, 660.0 feet to a point 660.0 feet South of the Southllrly right of way IIne'of tho Mcl<lll1tlll" .., HlghwllY; said point also being the Northeast corner of lot 6, MAGEE'S ADDITION, lUIl!lllttlld and recorded In File 72, Slide 37, said Plat Records; thence South B90 44' East, lJBrBllef wIth the said right of woy line 3725.84 feet to the must Westerly West line of the Thon1II1,.J. . Mllynllrd Donlltlon Lllnd Claim No. 44; thence South a" 17' West on sllld Westerlv 11M . 4B2.91 feet to the Westerly Southwest corner thereof; thence South B90 62' Eost 011 the Southerly line of seid Donation land Claim, 3B 1.0 feet; thench South 00 00' 40H West, 322.66 feet; thence South 89" 62"East, 675.0 feet to 0 point on the Westerlv IIne.of.'llld,..,. , Donotlon Lond Clolm, 322.66 feet South of the re-entrant anglo In said Claim; thet1Cll South '!. ' 00 00' 40" West 2639.81 feet to tha Southwest corner of the Thomas J. Maynard DoNatlol1. land Claim; thence South 0" 00' 40. West 636.44 feet to the East-West centerline of SlIctlOI1 "-. 3, Township 18 South Range 2 West of the Wlllemetle Meridian; thence North !lgo 24' 30H West on seid East-West centerline 1858.54 feet to the Easterly line of the Johl1 Stnlth Donation Lllnd Claim No. 48; thence North on sllld line 3ge.OB feet to the Northeast Cotnllt thereof; thence North 89" 58' 10. West, 1440.26 feet to a point on the Easterly tight of wav line of the Weyerheeuser Timber Compeny's Roed liS set forth In Instrument racorded AUllU9t 22, 1947, In Book 364, Pllge 433, Lane County Deed Racords; thence on seld right of weV line as follows: North 2" 00' East, 291.17 feet; thence on the arc of a 602.96 foot tBdlu~ curve left (the long chord of which beRrs North 33" 38' West. 702.66 feetl 0 dlstence of 750.00 feet. North 69" 16' West. 171.47 feet, on the IIrc of II 642.9B foot rlldlus curve right (the long chord of which North 64" 11' 30" West. 282.42 feet) 0 dlstllnce of 286.71 feet, IInd North 39" 07' West, 1101.59 feet; thence leevlng 90ld right of woy line North 00 08' West, 642.9 feet, more or less, to a point; seld point also being the Northellst corner of Lot 17, SPRlNO OAKS, es platted ond racorded In File 73, Slide 252, said Plat Record9; thencB North 690 50' 30" West 516.2 feet, more or less, to the West line of sold Stephen Geget Donet/on Lend Cllllm; thence North 0" 01' 30. East, on sllld line, 535.86 feet, more or le891 to the Point of Beginning, In Lllne County, Oregon. EXCEPTING THEREFROM: that portion conveyed to McKenzie Highway Water DistrIct bV Agreement Deed IInd Ellsernent, recorded June 12, 1961, Reception No. 34700, Lllne County Oregon Deed Records, In Lane County, Oregon. . ALSO EXCEPTING THEREFROM: Thot portion conveyod to the City of Springfield, 0 munlcipol corporntlon, by deed recorded May 27.1966, Reception No. 04991, Lane County Oregoh' Deed Records, In Lane County, Oregon. ' ALSO EXCEPTING THEREFROM: Any portion thereof Included In Decree entered December 13, . 1978, Case No. 78-6043. In the Circuit Court of the Stllte of Oregon for Lllne County,. Oregon. '. ALSO EXCEPTING THEREFROM: That portion conveyed to the City of Springfield bV deed I recorded Selltember 23, 1 geO, Reception No. 8047679, Lllne County Oregon Deed Records, In Lane County, Oregon. . ALSO EXCEPTING THEREFROM: That portion conveyed to the City of Springfield by deed recurded June 8, 1981. Reception No. 8124406, and recorded June 17. 1981, Reception No. 8126922, Lane County Offlc;al rllcords, in lane Cuunty, Oregon. ALSO EXCEPTING THEREFROM: Beginning et a Pulnt marking the Southeast corner of SectiON 33, Township 17 South, Range 2 West of the WilllIJIlette Meridian; running thence South e90 09' 14" West 261.46 feet; thence South 000 06' 02" East 74.05 feet to the Northeost corher of SPRING OAKS, as platted and recorded In Fllo 73, Slide 262. Lane County Oregon Plot Records; thence North e9" 67' 11" West 616.56 foat to the centerline of 67th Street; thencll 2 , ,,\.~ \00 /1/\ \ . ~L \\0 \ . . Ordor No. 01-11:1061111-49 North 000 00' 27" East, along the centerllna.of 67th Streat, 460.19 feet to the Southwest corner of EVERGLADE flARK, as platted and recorded In File 72, Slide 34, sold Plst neeords; '. thence South 89046' 03" East 500.0feet to the Southeast corner of sold EVERGLADE PARK:. ; thence North 000 00' 27" East 649.78 feet, along the East line of sold EVERGLADE "ARK, . . and the Eest line of MAGEE'S ADDITION, 09 pllltted and recorded In File 72. SlIdll 31, /laId Plllt Records,.to the Northesst corner of sold MAGEE'S ADDITION: thence Soutl19904b' 09" .' Eest 677.53 feet; thence South 00003' 20" West 923.37 feet to the South IInil of Sebtloh : 34, In sold Township end Range; thence South 89009' 14" West. along the South line of Mid Section 34, a distance of 14.46 feet to .the Northeesterly line of thllt certllln treot of lend conveyed to the McKenlle Highway Water District by deed Recorded June .12, 19111, Reception No. 34700,9ald Deed Records; thence North 63043' 09" West 126,G2feet to the North corner of sold McKenlle Highway Water District Tract: thence 'South ~9" 16' 52" We lit 94.96 feet, elong the Northwe9terly line of sold Mckenlle Hlghwey Water DistrIct tract td the South line of seld Section 34; thence South 990 09' 14" West 129.29 feet to the I'olnt of Beginning, In Lane County, Oregon. ALSO EXCEPTING THEnEFnOM~ that portion conveyed to. IVlMountalngateDevelopment Company, a pertnershlp, by deed recorded September 20, 1994, Rl!beptlon No, 9467493,SlIld County Records, In Lllne.County, Oregon. . " ALSO EXCEPTING THEREFROM: Thill portIon of the T. Mllynllrd Oonlltlon Lend Cllllm No. 37, In the Northellst 1 (4 of Section 3, Town9hip 18 South, Rllngll 2 We9t of thll WlllemeUll Meridian, more partlculerly described as follows: Beginning at the 1977 Lane County bran cep monument marking the South Southwest corner of 8ald Donation land Clelm No; 31:.thence South 000 06' 42" West, elong the West line thoreof, 76,00 feet: thence North 69" 20' 1;7" West 213.60 feet; thence North.OOo 06' 42" Ellst 130,00 feet; thence North 46" 311' IHI" West 84.96 feet to II point on a curve, the center of which bearIJ North 480 36' 59" West: thence along the arc of !lllld curve to the left, having a radius of 46.00 feet, through II ciJt1trBl. angle of 640 08' 31", an arc distance of 50.38 feet; thence North 29005' 42" EaBt 10ll,ll1 feet; therme So'uth 810 22' 27" Eest 202.24 feet to seld West line of the T. Mayr1srd Donation Land Claim No. 37; thence South 000 05' 42" West, along Bald West line, 300.00 feet to the Point of Beginning, In Lane County, Oregon. PARCEL 2 Beginning at a Point on the We!lt line of the S. D. Geger Donation Land Claim No'. IIi. 111' Township 18 South, Rllnge 2 West of the Wlllamette Meridian, North 00 01' 30. Ell!lt, 2170.39 feet from the Southwest corner of sold elelm; running thence on the ere of II b90.1 foot radius curve right (the chord of which bellr!l South 670 27' 30" Ellst, 660,14 feet) 8 dlstence of 683.63 feet: thence run North 00 08' West, 75.14 feet, more or le9s, to iI poInt, . said point being the Southeast corner of SPRING OAKS, as platted and recorded In File 13. Slide 262, Lene County Oregon Plet Record!l: thnnce running Northwe!lterly, IIlol1g the Southerly boundary line of sold SPRING OAKS, on the arc of a 640.1 foot rlldlu9 cUrve left (the chord of which bellrs North 690 61' 40" West 660.88 feet) II dlstanclI of 674.61 feet to the West line o'f llIIld Claim No. 61; thence South 00 01' 30" Wellt, 60.08 feet to the Poll1t . of Beginning, in Lane County, Oregon. , EXCEPT THEREFROM: Thllt portion deeded to Lene County In a Wllrranty Deed recorded. August 8, 2000, Reception No. 2000-046367,Officlel Records of Lone County, Oregon. PARCEL 3 Beginning at a Point on the South boundary of the McKerllle Hlghwey 3460 feet EO!lt af the Northwest corner of the Stephen Gager Donation Lend Clohn No. 46, and 660.84 feet South of the Northwest corner of said Claim, In Township 17 South, Renge 2 West of the Wlllamettll MeridIan; thence West 204.0 feet to the trUe Point of BeginnIng; thence continuIng WeRt 60.00 feet; thence South 600.00 feet; thence East 60.0 feet; thence North 000.0 feet to the True Point of Beginning, In Lalle County, Oregon. PARCEL 4 That trllct of land In Section 34, Township 17 South nange 2 West of the Wlllarnette Merldllln, 3 , , Order No. 02'lU(j8(j~'.1.d.: being a portion o~hat land conveyed to John. A WISkl In Reel 921. ReclilltlUtl' 'Nil. ':' 7845114, Lane County Oregon Records, lying I:asterly of CLII=FSIDI: MANOR, aa plattlld IInd,'. recorded In File 73, Slide 97, Lane County Oregon Plat Records, more particularly dll!lctlblld." as follows: BeginnIng at a Point on the South right of way line of the McKenzie HIUbwllY . 3192.0 feet East and 660,84 feet South of the Northwest cornar of the Stephen ~lIlJer. Donation Land Claim No. 45, In Township 17 South. Range 2 West of the Wlllamette Merldlllt1: :. thence, along the 9ald right of way line, North 89" 45' 09" West 20.11 feet, mote orle89,' to a point on the East line of CLlr-r-SIDI: MANOR; thence, along the I:ast line of gard ClIP/'SIDE . MANOR, as monumented and Its extension Southerly South 0" 00' 26" West 660.00 filet: . thence South 89" 46' 09" I:est 20.10 feet, more or le99, to the Southeast corner of that i. property ed de9etlbed In Reel No. 921. Reception No. 7845114, said Records: thenlle, Illond . the I:ast line of said property, North 0" 00' 27" EAst 680.00 feet to the Point 0' beginning, In lane County, Oregon. '01..- '{'\-' PARCEL 5 -{I.I:P 1.. Beginning at a Point on the South boufldary of the McKenzie Hlghw.ay 34586 feet I:ost of tllll . Northwast corner of Stephen Gager Donation Land Claim No. 45/and 650.84 feet south of the Northwest corner of seld Claim In Township 17 South, Range 2 We at of the Wlllamlltta Meridian; thence West 204.0 feet; thence South 660.0 feet; thence East 204.0 feet; thllnll9 North 660.0 feet to the Point of Beginning, In Lane County, Oregon. PARCEL 6 Beginning at the 8 x 12 Inch 9tone marking tha location of the Southeast corner of Lot 3, Section 34, Township 17 South, Renge 2 West of the Wlflamette Meridian; thence North 174.7 feet to a point on the Southerly right of way IIl1e of the McKanzle Highway, eald point being 2.3 feet South of a point Il1lHked by a CroS9 on a 9tone; thence South 89" 44' West 366.9 feet along seld Southerly right of way line to tlm True Point of Beginning; thence South 373.80 feet: thence North 89" 44' East 66.0 feet; thence. South 286.2 feet: thence South 89" 44' West 478.56 feet, more or less to a point. sold point being South 660.0 feet from a point which Is 550.84 feet South and. 3466 feet East of the Northwest corher of the Stephen Gager Donation Land Claim No. 45; thence North 2B6.20 feet; thence South 89.0 54' I:ast 347.53 feet; thence North 1" 00' West 200.12 feet to a corner post set In e tock mound; thence North 10 28' West 176.12feet to a point on the Southerly right of way IInll of the McKenzie Highway; said point also belilg the Northeaat corner of Lot 1, COBBLESTONE. as platted and recorded In File 73, Slide 171, Lane County Oregon Plat Recorda: thellce North 89" 44' East 80.80 feet along the sold Southerly right of wey line to the TrUe Point of Beginning, In Lane County, Oregon. . EXCEPT THEREFROM: That tract described In Deed to the City of Sprlngflald, recorded MlIrch. 15,1967, Reception No. 78346, lane County OHlclal Records, In lane County, Oregon. ALSO EXCEPTING THEREFROM: Beginning et the B " 0 " 12 Inch 9tone markIng the southeast I corner of Lot 3, Section 34, Township 17 South, RAnge 2 West of the Willamette Mllrldl8ll: thence North 174.7 feet to a point on the Southerly right of way line of the McKenzie Hlghwey, said point being 2.3 feet South of a point marked by a cross on a Btone: thentill along the Southerly right of way IIn9 of BAld McKemie Highway, South 89" 44' Wost 311B.1I0 fAet to the True Point of Beginning; thence South 316.11 feet; thence South 890 44' Wegt 73,85 feet to iI point marking thelntArgectlon of th9 Northerly right of wily of South A Street and the I:asterly boundary of COBBELSTONI:, as platted arId recorded In File 73, Slide 171. Lane County Oregon Plat Records; thence along tho Easterly boundary of said rial. North 10. 00' West 140.12 feet to a corner p09t get In a rock mound; thence North 1 " 28' WeBt 116.12 feet to a point on the Southerly right of way of McKenzie Highway, Bald point being the Initial Point of BaldCOBBLI:STONI:: thence along the Southerly right of way line of the McKenzie Highway, North 89" 44' East 80.80 feet to the Point of Beglrmlng,ln Lane County, Oredon. 4