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HomeMy WebLinkAboutMiscellaneous PLANNER 10/5/2006 . . 'f PLAT REVIEW, STAFF REPORT & DETERMINATION OF COMPLIANCE #2 SUBDIVISION PLAT, HILLSIDE DEVELOPMENT, TREE FELLING PERMIT PHASE 4 - MOUNTAINGATE WEST SUBDIVISION Journal Numbers: Associated Files: I j SUB2003-00063- Subdivision Tentative Planning File 1995-02-0039 DRC2003-00068- Hillside Development MountainGate Master Plan Approval DRC2003-00067- Tree Felling Permit Date of Tentative Decision: Consultino Enoineers: February 27,2004 Tony Favreau PE Date of Plat Pre-Submittal Meetino Consultino Survevor: June 30, 2006 . Lloyd Tolbert PLS Tolbert Associates LLC PO Box 70224 Date of Re-Submittal Eugene OR 97401 July 27, 2006 - August 31, 2006 Consultino Geo-technical Enoineer Date of This Review: Richard Hanford PE e.tober 5, 2006 ;) PSI Professional Service Industries . 1040A Shelley Street Springfield, OR 97477 Owner: Consultino Forester: Sun Trust Land Development Doug Wolf Attn: Mark Vukanovich Oregon Forestry Service 780 NW York Drive, Suite 204 P.O. Box 2114 Bend, OR 97701 Jasper, OR 97438 . . DETERMINATION: PLAT APPROVAL REQUIRES COMPLIANCE WITH THE ATTACHED PUNCH LIST OF OUTSTANDING ITEMS. The materials submitted through September 1 do not demonstrate compliance with the conditions of the afore mentioned Subdivision, Hillside Development and Tree Felling Decision Conditions of Approval. . Staff will recommend approval of MountainGate West Subdivision by the City Engineer and Planning Director when the conditions of tentative approval and platting are satisfied in accordance with the findings and conclusions contained herein. Date Received: ID- 5-0 &;; Planner:'p~lb:v~ \ of Zo 'Par . . APPLICABLE CRITERIA FOR APPROVAL 35.100 SUBDIVISION PLAT CRITERIA OF CITY APPROVAL. The Director, in consultation with the City Surveyor and City Engineer shall, approve or deny the Subdivision Plat. Approval shall be based on compliance with the following approval criteria as applicable: (1) The City Surveyor has approved the Subdivision Plat for compliance with applicable platting requirements in accordance with State law, Lane County ordinances and any other applicable regulations. (2) Streets, bicycle paths, accessways, and alleys for public use have been dedicated without any reservation or restriction other than reversionary rights upon vacation. (3) Public improvements, as required by this Code or as a condition of Tentative Plan approval, are completed, or: (b) A performance bond or suitable substitute as agreed upon by the City Engineer and the applicant has been filed with the City in an amount. sufficient to assure the completion of all required public improvements. (4) Public assessments, liens, and fees with respect to the Subdivision have been paid, (5) All conditions of Tentative Plan approval have been met and the Subdivision Plat substantially conforms to the provisions of the approved Tentative Plan. MATERIALS REVIEWED: MountainGate Master Plan Approval 1995-02-0039 LAND USE DECISIONS: SUB2003-00063- Subdivision Tentative DRC2003-00068- Hillside Development DRC2003-00067 - Tree. Felling Permit PLAT SUBMITTALS: Revised Phase 4 Plat Application Submittals and Response to Conditions of Approval Document received on July 27,2006 and materials submitted through August 31, 2006. The materials are revised in response to the initial City response dated June 20, 2006. . . MountainGate West Hillside Development Plan (July 27 version, as revised) A. Development Plan Map B. Tree Preservation Plan C. Fire Protection Plan D. Geotechnical Requirements E. Grading, Slopes & Drainage F. Individual Lot Standards & Guidelines G. CCRs PIP: Public Improvement Project P30402 - MountainGate Phase 4 (Approved for Construction on February 2,2006.) The project has been bonded in accordance with SDC 35.100 to satisfy platting requirements. The applicant has submitted a PIP Addendum for the 59th Street area known as Phase 4b. The Public Improvement Plan Addendum has not been approved for the S. 59th Street area. The PIP requires engineering, planning and survey review for compliance with subdivision conditions of approval) prior to approval for bonding and construction. NOTE 1: As reflected below, there are conditions of approval that must be addressed during PIP review and initial construction of the Phase 4b area. No Plat Approval will be issued by the City Engineer prior to approval and bonding of Public Improvement Plans for the remainder of the site. No plat approval will be issued by the Director until all conditions of approval related to pre-construction (ie tree preservation) are met. FINDINGS IN SUPPORT OF THE DETERMINATION The attached document contains the applicant's response to land use conditions specified for final plat approval of Phase 4, or MountainGate West Subdivision. The proposed plat incorporates all of Phase 4 including the 59th Street area known as Phase 4b. All outstanding conditions of approval are written in bold text and are addressed below. City Staff's (Planning, Public Works, Fire and Life Safety) response to applicant submittals is documented for each outstanding condition. Review comment documents from . Surveying, PW Engineering and Fire and Life Safety Departments are attached. Conditions of Approval The applicant's submittal and this review document refer to Attachment "A" , Tentative Subdivision Approval SUB2003-00062. The attachment includes applicable Master Plan conditions and all conditions of tentative approval for concurrent subdivision, tree felling and hillside development approvals. Master Plan Aooroval Conditions Condition 1: 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. . .1 Applicant Response: Done for final improvement plan. Please see attached SUB letter from Bart McKee addressing the water system and easement locations. Staff Response: This portion of the condition is satisfied by the submitted 7/19/06 e-mail from Bart McKee. I b) The final plat shall show all existing and proposed easements necessary to serve the site with public and private utilities. Applicant Response: All existing and proposed easements necessary to serve the site with public and private utilities are shown on the plat. Staff Response: Second Round Survey Comments have been forwarded to the applicant by Surveyor John Driscoll. This condition will be complete when the surveyor's comments and any requested revisions related to Hillside Development Plans and CCRs contained in this report are made. . A field review of the Phase 4b PIP (and that portion of the plat) was conducted for review' of easements on September 29, 2006.' The revisions to the HOP and CCRs relating to private Vegetation Conservation Easements contained in the resulting memo (Donovan, September 29, 2006, attached) must be incorporated in the final submittal. All minor revisions resulting from this review and PIP work shall be shown on the final plat and associated documents. (See Note 1, above.) Unless otherwise noted herein, these shall be the final adjustments prior to platting. Conclusion: This condition will be met when the final adjustments for consistency with other documents are made prior to mylar submittal. Condition 2: The 12" line necessary to serve Phase IV must be constructed and accepted by SUB Water and the City of Springfield. Applicant Submittal: The 12" line is part of approved set of plans for MountainGate phase 3b. That phase is currently under construction and the water line is expected to be completed by September 1st. Suntrust Land Company has an agreement with the developers of phase 3b that if' said line is not completed then, that developer will put in a temporary line so that the fire flow has the appropriate capacity while homes are being built in MountainGate West. Staff Response: The above method for provision of water service to MountainGate West was proposed by MountainGate Phase 4 developers in 2003. The condition for plat approval was included in the tentative decision on February 27, 2004 and clearly states that the 12 inch water line providing service to Phase 4 must be constructed and accepted by SUB Water and the City of Springfield. The 12" water line is part of a water system being installed in conjunction with public improvements bonded as part of MountainGate Phase 3b by Alberts Development LLC. However, the water system is not part of the public improvement project bonded by . . Alberts with the City. The work is not financially guaranteed as part of SUB Water design approvals because SUB does not accept bonds in lieu of functioning water systems. The private agreement submitted was.intended to limit the existing temporary system to Phases 1-3 and guarantee that a permanent water system would be complete to serve Phases 1- 3 and be available to Phase 4 by September 1, 2006. (See "Temporary Water Service and Fire Flow Pump Agreement, MountainGate Phases 1,2 and 3. 'J. The. agreement has failed to produce the water system by the agreed deadline. A second temporary service system design has been approved by SUB and would provide Fire flows acceptable to the City Fire Marshall, but has not been constructed yet. The Director finds that the condition has not been met for the following reasons: . The condition was applied to guarantee that the proposed water system is available prior to final plat of Phase 4. . The Phase 1-3 permanent water system is not complete and there is no temporary system available to serve Phase 4 yet. . An operable water system cannot be bonded by the applicant in accordance with SDC 35. 100 for approval of Phase 4 final plat because a) the proposed system of water service was conditioned for construction and acceptance, b) the water service is controlled by developers of a different phase of MountainGate, and c) water systems are not included in bonded public improvements and bonds are not accepted by SUB Water. Conclusion: This condition will be satisfied when a water system is constructed and accepted by SUB Water and the Fire and Life Safety Department and is available to serve Phase 4 (MountainGate West). Condition 3: Prior to public improvement plan approval, the geo-tech shall: a) Provide a geo-tech report with the submittal of public improvement plans that contains conclusionsrand recommendations for grading procedures, design criteria for corrective measures, and options and recommendations to maintain soil stability and minimize erosion of the site. (Condition #1. Hillside Development approval DRC2003-00066) b) provide a specification statement for inclusion in the plans and construction documents that requires the geo-tech to observe trenching, excavation, cut and fill operations, c) make recommendations for drainage benches, private storm drain systems, and other features as may be required at the top of all cut slopes and along the exposed Mce of all cut and fill slopes to reduce the potential of erosion, d) prepare a General Construction Practice Statement for the plans restricting the construction of embankments on top of soils with a plastic index greater than 30 and provide construction details for maintaining drainage to eliminate shrink swell problems evident in adjacent developments. e) submit written concurrence with the geotechnical aspects of the project design and the construc~ion plan. Applicant Response: This information has been submitted and approved by the City of Springfield's Public Works Department through the. PIP process. Please see attached engineer's report. . . Staff Response: The City Engineer has determined that this condition has been satisfied for plat approval. (See Final Comments, Walter via e-mail on 8/16/06) 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 pipe movement as required by the City Engineer. Applicant Submittal: This information has been submitted and approved by the City of Springfield's Public Works Department through the PIP process. Staff Response: The City Engineer has determined that this condition has been satisfied , for plat approval. (See Final Comments, Walter via. e-mail on 8/16/06) 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. Applicant Submittal: This information has been submitted and approved by the City of Springfield's Public Works Department through the PIP process. See page 32 of the approved plans. Staff Response: The City Engineer has determined that this condition has been satisfied for plat approval. (See Final Comments, Walter via e-mail on 8/16/06) Condition 6 : Prior to Public Improvement Plan approval, the final storm water system designs shall be revised to comply with storm water and wetland flow analyses as required by the City Engineer. The plan shall include: (a) An analysis of the drainage tributary areas both on-site and off-site, and the site system capacity to insure that adequate capacity is available. (b) The storm water design 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. (c) 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. (d) 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 storm water system sufficiently to comply with Section 32.110(4) as determined by the City Engineer. (e) Prior to or concurrent with the development of lots within Phase IV located South of Lots 1 through 49 and the North Cluster the applicant shall provide 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. Applicant Submittal: This information has been submitted and approved by the City of Springfield's Public Works Department through the PIP process. Staff Response: The City Engineer has determined that this condition has been satisfied for plat approval. (See Final Comments, Walter via e-mail on 8/16/06) Condition 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 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 phase. Applicant Response: This information has been submitted'and approved by the City of Springfield's Public Works Department through the PIP process. See page 32 of the approved plans. , Staff Response: The City Engineer has determined that this condition has been satisfied for plat approval. (See Final Comments, Walter via e-mail on 8/16/06) Condition 8: With submittal of Public Improvement Plans the developer shall provide catch basin-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: 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. Applicant Response: This information has been submitted and approved by the City of Springfield's Public Works Department through the PIP process. Staff Response: The City Engineer has determined that this condition has been satisfied for plat approval. (See Final Comments, Walter via e-mail on 8/16/06) 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. Applicant Response: The City of Springfield will maintain the functionality including inlets and outlets. The Association will maintain the landscaping and beautification of the detention facility and swales. The City Engineering Department is to supply their standard agreement to the Developer for signature. . . Staff Response: The agreement has not been signed as of the date of this letter. The storm water facilities have been in a dynamic state of revision as wetland and reclamation plan issues have been addressed with outside agencies (DSUCorps, Willamalane.) The PW Engineering Department has supplied the standard template agreement. The applicant must provide a detailed proposal for the maintenance of public and private facilities. The details should be included in discussions with Willamalane and the DSUCorps. Please consult the PW Engineering Division for more information. Conclusion: This condition will be met when the agreement has been signed by all affected parties and delivered to the City of Springfield. (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 'storm water management. Applicant Response: The upper swale,area and detention pond is shown on the plat as Tract C and Tract S, respectively: Maintenance of the upper swale and detention pond will be done by the HOA, assuring retention of their continued use for stormwater management. Staff Response: The Hillside Development Plan and CCRs must be revised as detailed in this response and the City Surveyo~'s comments.. Conclusion: This condition will be met when the HOP, CCRs and the Plat mylars are revised for consistency. (See HDP/CCR redline copies attached.) 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. Applicant Response: Noted on the plat are Tracts C and S, the upper swale area and detention pond. A blanket maintenance access easement for these facilities has been given to the City of Springfield, and is also noted on the plat. Staff Response: The City Engineer has determined that this condition has been satisfied for plat approval. (See Final Comments, Walter via e-mail on 8/16/06) b) An all weather access road will be provided from MountainGate Drive 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 Ib 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. Applicant Response: This information has been submitted and approved by the City of Springfield's Public Works Department through the PIP process. . . Design changes may be made during construction and any changes in the detention pond will meet City requirements with . regards to its capacity. Staff Response: The City Engineer has determined that this condition has been satisfied for plat approval. (See Final Comments, Walter via e-mail on 8/16/06) 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 identified by the Maintenance Division during PIP design. Applicant Response: This information has been submitted and approved by the City of Springfield's Public Works Departmentthrough the PIP process. Staff Response: The City Engineer has determined that this condition has been satisfied for plat approval. (See Final Comments, Walter via e-mail on 8/16/06) Condition 11: 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. See attached Fire Marshall's approval. Staff Response: The Fire Marshall has determined that this condition has been satisfied for plat approval. (See Gordon, via e-mail on 7/13/06) 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. Applicant Response: As part of the PIP process, a bond is in place to construct the entire project. Staff Response: The City Engineer has determined that this condition has been satisfied for plat approval. (See Final Comments, Walter via e-mail on 8/16/06) Condition 13: Prior to Plat approval for any sub-phase of development the applicant shall demonstrate that the emergency access road serving Phases 1and 2 will be maintained or is modified as approved by the Fire Marshall. Applicant Response: Emergency access road is currently and will continue to serve Phases 1 and 2. See attached Weyerhaeuser Key/Tag Permit. . . -:- Staff Response: Recent field inspections indicate that utility work and road paving had rendered certain areas impassable. As work has continued the issue has been resolved in these specific areas. The applicant is advised to discuss the situation with the contractor and notify the Fire and Life Safety Division of brief emergency access interruptions due to necessary construction. For the purposes of plat approval this condition is met. Condition 14: 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 Response: This information ~as been submitted and approved by the City of Springfield's Public Works Department through the PIP process. Staff Response: The City Engineer has determined that this condition has been satisfied for plat approval. (See Final Comments, Walter via e-mail on 8/16/06) 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. Applicant Response: This information has been submitted and approved by the City of Springfield's Public Works Department through the PIP process. See page 32 of the approved plans. Staff Response: The City Engineer has determined that this condition has been satisfied for plat approval. (See Final Comments, Walter via e-mail on 8/16/06) 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. Applicant Response: No persistent flow conditions were found during the PIP construction. Staff Response: The City Engineer has determined that this condition has been satisfied for plat approval. (See Final Comments, Walter via e-mail on 8/16/06) 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 as approved by the City Engineer. These drains shall discharge to a piped drainage facility, not the street gutter. Applicant Submittal: This information has been submitted and approved by the City of Springfield's Public Works Department through the PIP process. See page 32 of the approved plans. . . Staff Response: The City Engineer has determined that this condition has not been satisfied on the S. Sgh Street PIP submittal. Revision and re-review of the PIP submittal is required. This condition will be met when the Sgh Street PIP Addendum is approved or the City Engineer verifies in writing that the drainage systems meet this condition. (See Final Comments, Walter via e-mail on 8/16/06) 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 during 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. Applicant Response: No persistent flow conditions were found during the PIP process. The longitudinal drains in the street were constructed as a precautionary measure. Staff Response: The City Engineer has determined that this condition has been satisfied for plat approval. (See Final Comments, Walter via e-mail on 8/16/06) Condition 19: The applicant shall: (a) Prior to Plat approval for any lots south of Lots 1 through 49 and the north cluster, the applicant must construct MountainGate Drive as required or provide a financial guarilntee 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. Applicant Response: A bond for all improvements including MountainGate Drive has been submitted and approved by the City. The improvements are currently being constructed. Staff Response: The City Engineer has determined that this condition has been satisfied for plat approval. (See Final Comments, Walter via e-mail on 8/16/06) (b) The constructed width of MountainGate Drive may be reduced to 32 feet from 57th Place to the MountainGate/Park,Drive southern intersection pursuant to SDC 26.080(2). Applicant Response: This information has been submitted and approved by the City of Springfield's Public Works Departmenfthrough the PIP process. See page 31 of the approved plans. Staff Response: The City Engineer has determined that this condition has been satisfied for plat approval. (See Final Comments, Walter via e-mail on 8/16/06) . . Condition 20: 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 any lots south of Phase 4a (Phase 4, Lots 1-49 and the north cluster). All documents and plans shall include the language "public parks" and names West or Mountain Parks, deleting references to "City" parks. . Applicant Response: Agreement is forthcoming. Terms have been agreed on, but document is not yet finalized by Willamalane's attorney. Staff Response: As noted above this condition has not been met. The signed transfer agreement for the parks must be submitted to the City. 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 park. . oW< AfJ,( Applicant Response: Agreement is being finalized by Willamalane's attorney. The Quarry site is being designed in conjunction with Willamalane and will result in a site suitable for its intended purpose. Staff Response: As noted above this condition has not been met. The signed transfer agreement for the parks must be submitted to the City. The reclamation plan submitted must be annmvArl h.jl Willamalane in writifIfJ. (',..,/,.-- AJ 1a..I,{. 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. Applicant Submittal: Agreement is being finalized by Willamalane's attorney. Staff Response: As noted above this condition has not been met. The signed tran agreement for the parkS must be submitted to the City. 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. Applicant Response: Lot 8 has been revised to add said triangle adjacent to the West Park Parcel as shown on plat Sheet 7. Staff Response: This condition has been met. . . 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 established on the final subdivision Plat. Applicant Response: Five-foot slope easements have been established on the east side of Lot 8 and the west side of Lot 7 as shown on plat Sheet 7. Staff Response: This condition has been met. Condition 25: The Metro Plan amendment for open spaces shown on Conceptual Master Plan, page 1, 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, by the 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. Applicant Response: Agreement is being finalized by Willamalane's attorney. Staff Response: The City and Willamalane are finalizing an agreement for in-kind work and other funding sources for the project. The Metro Plan Amendment initiation process is scheduled for City Council consideration this fall; pUblic hearings and Council action will be finalized this winter. The applicant has submitted Metro Plan and Zone Change materials to meet their responsibilities under the condition. This condition has been met for the purposes of final plat. 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. Applicant Response: Agreement is being finalized by Willamalane's attorney. Staff Response: Staff Response: The City and Willamalane are finalizing an agreement for in-kind work and other funding sources for the project. The Metro Plan Amendment initiation process is scheduled for City Council consideration this fall; public hearings and Council action will be finalized this winter. The applicant has submitted Metro Plan and Zone Change materials to meet their responsibilities under the condition. This condition has been met for the purposes of final plat. . . 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 under story shall be removed in the planned open space.areas protecting cultural resource sites prior to transfer the park district; b) No trees or under story 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. Applicant Response: MountainGate's supplemental CC&Rs, approved by the City of Springfield, are included in this packet for your review. , Staff Response: The above protections must be included in pending transfer agreements with Willamalane. The condition will be met when the signed transfer agreements are submitted to the City. 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. Applicant Response: Those potential street trees and tree street clumps have been identified and their location is presented on the attached map. Location of driveways and streetlights will determine the final selection of trees within these locations. Staff Response: The forester's submittal addresses this issue and has been executed in the field. There are no potential street trees identified on the Sgth Street PIP Addendum area. This condition 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. Applicant Response: These zones have been established and agreed upon by City staff and the project forester. The location of these preservation areas is identified on the attached map. A verbal description of these areas is found in the forester's report "Tree Felling Standards for Mountain Gate Subdivision Phase IV." Staff Response: The Vegetation Conservation Easements have been identified in the field (Sgth Street Addendum area complete on September 29, 2006). The attached Hillside Development Plans, CCRs and Plat descriptions require revision for consistencv. This condition will be met when all descriptions are consistent. ~ . . Subdivision Aooroval Conditions Condition 30: Prior to final plat approval, submittal of revised Conceptual Master Plan drawings showing any revisions to the drawings resulting from final design process is required. Applicant Response: There are no changes to the Conceptual Master Plan. See attached copy of the original. Staff Response: This condition has been met for Final Plat. Condition 31: a. Execute and record a joint-use access and maintenance agreement over all areas of shared access proposed for: 1) Lots 25, 26, 27 and 28, 2) Lots 44, 45 and 46, and 3) Lots 13 and 14 Applicant Submittal: 1) & 2) & 3)- drafts of easements have been submitted to surveyors. ~rK , Staff Response: The City Surveyor's Second Comments (9/19/06) included comments ~) regarding the easements. This condition will be met when the comments are resolved to . 0 the City Surveyor's satisfaction. b. Joint use panhandle accesses with a minimum 20 foot width and private utilities shall be constructed during the public improvement construction process. Applicant Submittal: This is currently under construction. Staff Response: The City Engineer has determined that this condition has been satisfied for plat approval. (See Final Comments, Walter via e-mail on 8/16/06) Condition 32: Provide and maintain adequate clear vision triangle at the corners of all panhandle driveways per SDC 32.070. Applicant Submittal: This information has been submitted and approved by the City of Springfield's Public Works Department through the PIP process. Staff Response: The City Engineer has determined that this condition has been satisfied for plat approval. (See Final Comments, Walter via e-mail on 8/16/06) . . 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 final report shall be submitted to all. affected parties in accordance with SHPO Permit AP-604. Any 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 under story within site 35LA657. Applicant Response: Complete. No other evidence of archaeological sites were encountered in the construction of Phase IV. See archaeological report -attached. Staff Response: This condition has been met for final plat. Condition 34: Prior to construction of roads that would impact wetlands the applicant shall obtain a joint DSUUSACOE permit granting approvals for such impatfs. Staff Response: The proposed mitigation and wetland creation has changed since th start of PIP construction. A current permit, wetland mitigation plan and status report including a concurrence letter from DSUUSACOE for all wetlands on the MountainGat West property shall be submitted to the City prior to final plat approval. ~,.~J i,.J I~ 14. (0" I- Applicant Response: Permits are in place and no modifications are anticipated at this time. Condition 35: Prior to the filling of wetlands delineated within Lots 50 and 51 the applicant shall obtain a loint DSUUSACOE permit to allow the fill to occur. . . Applicant Response: No approvals have been given to fill wetlands delineated within Lots 50 and 51. See page 9 of the Supplemental CC&R's under "Lots 50- 51.!! Staff Response: The condition requires that "the applicant" seeking subdivision approval obtain the permits. The proposed mitigation and wetland creation has changed since the start of PIP construction. A current permit, wetland mitigation plan and status report including a concurrence letter from DSUUSACOE for all wetlands on the M a West property shall be submitted to the City prior to final plat approval e~'vr4-(;) la.r s w (J0/6 7 I' 7 No Df JVl1( ik I (~~ ;A-J /lJ ~ CL- O~fJ ~(& " claVI f1 cctf ( - /.II T~rk . . Hillside Conditions of Approval DRC2003-00066 Condition 36: Erosion control measures required to minimize erosion and stabilize disturbed areas must be implemented by October 15'h 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. Applicant Response: The site complies with LDAP; see page 32 of the City's Public Works approved plans. Erosion control measures are in place and functioning. Staff Response: The City Engineer has determined that this condition has been satisfied for plat approval. (See Final Comments, Walter via e-mail on 8/16/06). Pursuant to the LOAP permit, protections for wet weather shall be upgraded as necessary for the ensuing wet season prior to October 15, 2006. Condition 37: 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 wildfire as determined by the City Fire Marshall. " Applicant Response: See attached development plan. Staff Response: Condition 38: 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. Applicant Response: There are no needed recorded deed restrictions. The vegetation setbacks are shown on the Plat. Staff Response: Condition 39: Prior to final 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. Applicant Response: All lots within Phase 4 are incorporated into the CC&R's which include the fire protection plan. Staff Response: The City Fire Marshall has determined that this condition has been met for Final Plat approval by inclusion of the Fire Protection Plan in filed Hillside . Development Plans and CCRs. Condition 40: Any lot deemed by the City Fire Marshall to be located within a vegetated area subject to wildfire shall have restrictions requiring buildings to have a Class A or B roofing. The restriction shall be recorded in a CCR document and shall be specified on the Hillside Development Plan. Applicant Response: All lots will have a restriction for requiring Class A or B roofing and will be reflected in the CC&R's. Staff Response: The City Fire Marshall has determined that this condition has been met for Final Plat approval by inclusion of the Fire Protection Plan in filed Hillside Development Plans and CCRs. Tree Fellina Conditions of Approval DRC2003-00065 Condition 41: Hazard trees proposed for removal prior to building permit application shall be identified in the field and may be removed after inspection and approval by City of Springfield staff. Applicant Response: Along the interface of the west park with the ridge top lots, approximately 20-25 trees have been identified as "hazard trees." These trees are located within the park boundary but due to size and proximity to home sites, their removal is necessary for public safety. These trees have been marked in the field and City staff has approved their removal. Staff Response: All trees to be removed during initial construction have been identified and removed. All future tree removal shall be approved by a forester and the City in accordance with the Hillside Development Plan, Forester's Report and Tree Felling standards. This condition is met for Final Plat approval. . . Condition 42: Existing trees or clusters of trees to be preserved and substituted for street trees shall be identified and protected prior to commencement of street construction, final selection of street tree substitutes and planting or bonding of all other street trees must occur prior to plat approval.rfrior to final plat approval the applicant must also submit a planting plan for the area intended for afforestation that must occupy at least 3 acreiJThe plan must also include areas along streets where no lots are proposed and provide details for planting street trees or other vegetation alternatives. The plan must be approved by City staff and be implemented prior to final Plat approval unless financial guaranty is provided to assure that the planting will be completed. Applicant Response: The existing trees and clusters of trees have been identified and preserved. Their location is presented on the attached map. Substitute street trees will be selected, bonded, and/or planted prior to plat approval. Afforestation of 3 acres is planned for in the wetland areas in the center of the subdivision. Additional areas will be provided for afforestation if these wetlands have portions which are unsuitable for tree establishment and growth. Financial guarantee will be provided to assure that the planting will be completed. Planting will occur only during the late fall through early spring. Staff Response: Initial tree preservation has occurred and street trees have been bonded with PIP improvements. No planting plan or financial guarantee for the proposed afforestation within the wetland and open areas has been submitted. This condition will . be satisfied when planting plans have been approved and constructed or bonded. Condition 43: The project forester shall be onsite during tree removal as necessary to assure that the tree felling operation is consistent with Oregon Forest Practice Rules. Applicant Response: Oregon Forestry Service will be onsite as necessary. Staff Response: This condition has been satisfied for plat approval. Condition 44: Unless impractical due to the construction of the Jasper Road extension and approved by the City the 58th Street route shall be used for transportation of equipment and trees involved in tree removal. Applicant Submittal: 58th Street will be used as is practical. Weyerhaeuser has issued a . key/tag permit for MountainGate use. Copy of permit is attached. Staff Response: This condition has been satisfied for plat approval. . . . DOCUMENT REVIEW OF: A. Hillside Development Plan B. Tree Preservation Plan (HDP) C. Fire Protection Plan (HDP) D. Geotechnical Requirements (HDP, CCR) E. Grading, Slopes & Drainage (HDP, CCR) F. Individual Lot Standards & Guidelines (HDP, CCRs) G. CCRs (See attached redline documents.) .