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HomeMy WebLinkAboutNotice PLANNER 2/27/2004 I . . .Don()1J~ ,,' RECEIVED AFFIDAVIT OF SERVICE ...._.. , '.1/' ~ BY:~OJ~ 1-),,1-01- IcrfIOO~ I. Karen LaFleur, being first duly sworn, do hereby depose and say as follows: STATE OF OREGON) ) ss. ) County of Lane 1 '. I state that I am a Clerk III for the Planning Division of the Development Services Department, City of Springfield, Oregon. 1Jo'ft...e . 2~~~b.~-ig,~~~~~as CI rk III, I r~par~~~'ln~~~~ ~~\ts q5-oZ- ,o-f:tle~"IMot ~', - ~ ~ "~ (see attachment 'AU) on '''015., ~tdc! .:L .;1..'1 ,2004 addressed to (see Attachme,nt BU), by causing said letters to be ~ placed in a U.S. mail box with postage fully prepaid thereon. . . ~LEU~J STATE OF OREGON, County of Lane jv , 2004. Personally appeared the above named Karen LaFleur, Clerk III, ged the foregoing instrument to be their voluntary act. Before me: 2t~ 'on/A-~I My Commission Expires: 11//2/0,/ . OFFICIAL SEAL . SANDRA MARX , 'NOTARY PUBLIC' OREGON \. / COMMISSION NO, 340246 . ........ MY COMMISSION EXPIRES NOV, 12. 2004 ", . . '. .' .\ ~ I . . TYPE II TENTATIVE SUBDIVISION REVIEW, STAFF REPORT & DECISION 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. n Case Number: SUB2003-00062 Project Location: The 330 acre project site is located between 57'h 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 57'h Place. The site is otherwise identified as Tax Lot 300, Map 18-02-04. I i and Tax Lot 303, Map 18-02-03. Zoning: Low Density Residential (LOR) Metropolitan Area Comprehensive Plan Designation: LOR Master Plan Approval: #1995-02-0039 Date Application Submitted: December 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 confontl to this tentative approval, the Master Plan and the concurrent Tree Felling and Hillside Development decisions. Appeal Deadline Date: March 12, 2004 Associated Applications: MoimtainGate Master Plan # 1995-02-0039 Tree Felling Permit #DRC2003-00065 Hillside Development #DRC2003-00066 Attachments: A- Land Use Conditions of Approval SUB200J-Q0062 MountainGatc Phase 4 , . 1 .' :' . . 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- Improvement Design PE, The 7048 Favreau Group Geotechnical Engineer Hillside Development Todd Boire, PE 541-753- Design Boire 5344 Associates, Inc. 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 Consulting Archeological Consultants Archeological Resource Heritage 541-485- Survey & Protection Research 0454 Associates CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM POSITION REVIEW OF NAME PHONE Proiect Planner Planning Jim Donovan 726-3660 Transportation Planning Transportation Gary 726-4585 Engineer McKenney P.E. Public Works Streets and Utilities Eric Walter P.E. 736-1036 Civil Engineer Public Works EIT Sanitary & Stonn Sewer Matt Stouder 736-1035 Deputy Fire Marshall Fire and Life Safetv Gilbert Gordon 726-2293 Community Services Building Issues Dave Puent 726-3668 Manager (Building Official) SUB200J-00062 MounlainGalc Phase 4 2 .' .. . . I. Executive Summary TIle applicant requests to subdivide the fourth phase of the MountainGate development site. The 330 acre site has Mastel' 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 Mastel' Plan as amended by the Hearings Official's Decision.] The Springfield Development Code provisions in effect at the time of Mastel' 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 SUB2003-00029). 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 ihe site above 57th Place, the butte known as Potato Hill to the east, the timbered ridge and drainages above Main Street to the north (area of Tentatively Approved Phases 1 & 2), and Weyerhaeuser Road, rural timbered properties and the Golden Terrace Subdivision to the south.. . Phases 1 and 2 of the MountainGate development were tentatively approved in May 2002 with conditions for the preparation of more detailed .information and desih'11s. 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 infoffilation 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 of the 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 Developnlent 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 and 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. SUB200J-00062 Mount..1inGatc Phase 4 J ! , ~ . . I I.' Procedural Requirements' 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 proyide written comment to the Director. The applicant and parties submitting written comments dnring 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: 1. 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 infonnation in the neighborhood. In accordance with Article 3 and 14, written notice of the 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 devclopment 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 57'h Place' be denied 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 SUB200J-DO062 MountainGatc Phase 4 4 . -e . Good Neighbor Care Centers, LLC 622 South 57'h Place Springfield, OR 97478 Staff Response: The connection of MountainGate Drive to 57th Place is consistent with the approved Master Plan and Jasper Road Extension (JRE) designs. As ofthis writing the bid for the JRE 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 infornlation. Additional infonnation 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 77th day of the 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 gra~ted subject to the tems 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 of this 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 substantial confomity with the Master SUB200J-00062 MounlainGate 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 of the 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: (I) The zoning is consistent with the Metro Plan dia!,'I<lm and/or applicable refinement 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 infonnation 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 SUB2003-00062 MountainGate Phase 4 6 . . . . Executed City of Springfield application foml 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 Enlo>ineer'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 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 of a 12" stub from 67'h 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. Staff Response: The applicant has submitted a letter showing that SUB has approved a water plan showing tentative locations, details, and easements (McKee, February 13,2004). Staff Findings: 1. TIle 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. TIle applicant shall dedicate additional public and private easements in the location and width necessary to accommodate all utilities within the development proposal as detennined during the final review process. 2. The 12" water line shown on tentative Phase IV plans is under public SUB2003-00062 MountainGatc Phase 4 7 . . .. / improvement plan review and will not be available unless and until it is constructed with Phase VII improvements and accepted by the City and SUB Water Department. 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 arc 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: 111e 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 sewcrs 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 areas in a logical and convenient manner. Applicant Submittal: The updated Master plan is submitted showing the sanitary sewer system and storm water drainage system for entire MountainGate Subdivision as they have evolved with more updated and accurate infomlation. 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 desih'lled to serve this portion of the property. 111e 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 stoml 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. 111is 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 stonn drain plan submitted shows line extensions to the east to accommodate future development of that area. There are no other lands SUB2003-00062 MountaillGate Phase 4 8 . . adjacent to Phase IV which require extension of the stonn 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. Tentative' approval is not final acceptance of the plans. Plat and PIP approval will require refinement of the preliminary reports and desih'11S in substantial confomlity 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 ul'dated infonnation 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 include existing and proposed contours of the site to enable an adequate review of the location and routing of these systems. Applicant Submittal: 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, stonn drain and sanitary sewer system including slope, cover, size and alih'11ment for Phase IV of the development. The sanitary sewer system with site contours is shown on the Sanitary Sewer Master Plan. The stoml 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, stonn and sanitary desih'11S and reports included in the proposal provide sufficient detail for a reasonable person to detennine 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 reflect updated infomlation prior to Final Plat Approval for this phase of development. 4. The project construction engineeriug team shall include a geotechnical engineering firm which will be required to have a representative on-site to observe all trenching, excavation, cut and fill operations dnring the development of the project. Applicant Submittal: Boire Associates (a geotechnical engineering fiml) is a part of the desih'11 team. Boire Associates has completed a geotechnical investigation for the site. A copy of the report SUB2003-00062 MountainGate Phase 4 9 . . 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. Staff Response: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (street plans, geo-tech and hillside development reports) as reviewed and approved or submitted by the project geo-tech generally comply with the above condition. Staff Findings: I. Effective observation of trenching, excavation and cut and fill operations by the consulting geo-tech engineer requires coordination between contractor personnel in the field, the geotech and City inspectors. 2. The most effective way to convey infomlation to professionals in the field is with construction notes on the approved plans and specifications contained in subdivision construction agreements. Conclusion: 11le applicant's proposal complies with the condition for the purposes of tentative approval but requires the following condition for full compliance and implementation in the field: Condition 3: Prior to public improvement plan approval, the geotech shall: a) a geotech 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 (Condition #1. Hillside Development approval DRC2003-00066), b) provide a specification statement for inclusion in the plans and construction documents that requires the geotech 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 face 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 b'feater 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 construction plan. 5. Sewer design shall comply with the Springfield Development Code Section No. 32.100 and any other special provisions for hillside development that arc approved and reqnired by the <::ity Engineer. SDC Section No. 32.100 abbreviated reqnires: o sewer mains to be at least 8 inches in diameter o sewer laterals to be at least 4 inches in diameter o mainline sewers be designed to provide a minimnm velocity. of 2 fps o manholes be placed at all grade changes and truck line intersections SUB2003.00062 MountainGate Phase 4 10 . . ., o c1eanouts 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 Mastcr Plan Applicant Submittal: All of the requirements of SDC 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 of tentative 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 PIP and final Plat approval for this phase of development. 6. The Mastcr 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 iu easements immediately adjacent to the right-of-way, or in paved driveway or private street areas. The conceptual sanitary sewer plan may include 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 maiutenance 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 systcm maintenance. Applicant Suhmittal: The grading proposed by the desi!,'l1 of Phase IV 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. . Staff Rcsponse: 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, easenlents and access improvements have been provided to all public manholes and lines located outside public rights of way. SUB2003-00062 MountainGnlc Phllse 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 infonnation 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 eonsiderations 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 ofthe sanitary sewer system to provide for off-site development shall be pursuant to the existing City reimbursement poliey. 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 571h Street and provides a trunk line 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: l. Internal 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 infornlation 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 adjacent sewer basins, an analysis of the sewer tribntary areas, both on-site and off-site, and the site system capacity to ensurc that adequate capacity and appropriate connection points are provided. Construction of sanitary sewers mnst be done in a logical sequence that corresponds to the phasing ofthe 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 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 SUB200J-00062 MountainGalc 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 of370 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. 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. Mains and connections shown on tentative plans will be constructed in accordance. with the final sanitary analysis refined 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 of tentative subdivision approval. Final subdivision plans and Conceptual Master Plans will be revised as necessary to reflect any updated infornlation prior to final Plat approval for this phase of development. 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 oftemporary stations, then this issue must be addressed at the 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: 1l1ere are no temporary or permanent private or public pump stations. proposed. Staff Response: TIllS 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 deternline if special energy dissipation measures will be needed. According to the City of Spring tiel d's Engineering SUB2003-{)0064 MountninGatc 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. . TIle 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 accordanc~ with the final sanitary analysis refmed 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 thf:' 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 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 bcnds and restraints on pipe movement as required by the City Engineer. 11. Trench drainage measures, or other approved methods of handling flow of water in trench backfill, must be incorporated into aU trench sections with slopes exceeding 10 percent and elsewhere when required 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. TIlis is accomplished by placing a perforated pipe within the trench, just upstream of the structure. The perforated pipe will be hard piped to the stoml 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 markiug 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. I 10 are complied with: . The major channel shall have sufficient capacity to contain a 10-year frequency of occurrence run-off. . Secondary drainage channels and conduits shall have sufficient capacity to contain a 5-year frequency of occun'ence run-off. . 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, pemlanent storage basin, minimizing impervious surfaces, emphasizing natural water percolation and natural drainage ways, preventing water flowing from the roadway in SUB200J-00064 MountainGate Phase 4 15 . . 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 Response: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (plans, reports and analysis) address and generally comply with SDC 32.110 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 final reports shall be refined to further address the water quality standards of SDC 32.110 subject to City Engineer approval. " 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 6 : Prior to Public Improvement Plan approval, the final stoml water system designs shall be revised to comply witli 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 stormwater design shall address potential problems andi'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 stoml drainage system must be done so that no net change in volume or flow rate is experienced in any of the wetlands onor 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 32.11O(~) as detemlined by the City Engineer. (e) Prior to or concurrent with the development of lots within Phase IV located South of Lots I through 49 and the North Cluster the applic~nt shall provide SUB200J-00064 MountainGatc Phase 4 16 . . detailed plans for the detention ponds proposed at the quarry park site. (f) Stonnwater from public facilities onto private property is prohibited and all lots tributary to such stonn 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 stonn 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 stonn 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 confonnity with the approved tentative plans. ' 15. All publicly maintained drainage facilities mnst be located within street rights-of-way, or in easements immediately adjacent to the right-of-way, or paved driveways or private streets nnless otherwise approved, on a case-by-case basis, and at the sole discretion ofthe 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 submitted 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 MounlainGatc Phase 4 17 . . 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. 16. Drainage lines must be extended to the easterly and southerly project boundaries to handle storm runoff from impervious surfaces created by the development and to address proposed development on the subjeet property that would affect, and be affected by, the natural drainage on the subject property from adjacent properties. Storm drains internal to the site mnst be sized to accommodate any flows that may be anticipated in the future from. off-site development areas. Tbe oversizing of the storm sewer system to provide for off-site development shall be pnrsnant to the existing City reimbursement policy. Applicant Submittal: 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. Stornl 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 final storm water and wetland flow reports approved by the City Engineer during PIP review. Oversizing of the stann 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 of tentative 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 ofthe drainage tributary areas, both on-site and off-site, and the site system capaCity to ensnre that adequate capacity is provided. Applicant Submittal: The Drainage Study discusses capacity of the detention system and illustrates the tributary area of the on-site and off-site properties to be served by the system. The . on-site storm water piping system will be sized to convey tlie design stann 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: SUB2003-00064 MountainGatc Phase 4 18 . . I. 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 final 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 final design details and issues will be made through the PIP and final Plat review process. 18. Storm drain design for each phase shall address potential problems and spedal design considerations for steep hillside development sneh 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 stom1water system will be protected against higher energy flows and turbulence in the system. The following is summary of the special dcsign 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 stom1 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 stom1 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: I. All systems shown on tentative plans will be constructed in accordance with the final stom1 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. SUB2003-00064 MountainGatc Phase 4 19 . -. 2. The applicant has been required at Condition #6 of this report to submit final stoml 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 of tentative 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. -n,e 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. 111is 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 stonn 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 confonnity 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: 111e 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 final desil,'11 details and issues wiIl be made through the PIP and final Plat review process. ,20. Curved storm drains must be considered on a phase basis, with approval at the sole discretion ofthe City Engineer. Any curved storm drains mllst be designed with a curve radills of not less than 150 percent ofthe manufacturer's recommended minimum radills for the given pipe size and material. Combination horizontal and vertical curves between manholes wiII 1I0t 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 . MountninGalc Phase 4 20 . . 21. Design of the storm drainage system must he done so that no 'net change in volume or flow rate is experienced in any ofthe wetlands on or adjacent to the site. Applicant Submittal: A wetlands flow analysis for Phasc 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 stonn 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 confonnity 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 confonnity with the tentative plans as required herein at Condition #6. 22. The project shall incorporatc the standard drawings for development of hillside areas recOJilmended 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. Applicant 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 Stonn Sewer Connection Retrofit Section This standard drawing specifies the method to disconnect existing lot drainage from weep holes, and hard pipe them to the stonn 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 guner 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 SUB200J-(l0064 MountainGnte Phase 4 21 . . 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 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 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 detemlined necessary by tlle geotechnical engineer, civil engineer, or city engineer. Staff ResDonse: 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: L 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 confonnity 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 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: . 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 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 inelude the following considerations: SUB2003.{)0064 MountainG3tc Phase 4 22 . . 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. 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 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. 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 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 catchbasins. 24. For each phase, the City Engineer shall review and approve drainage methods. Applicant Submittal: Preliminary drainage methods are outlined on the design plans and within the stomlwater drainage plan. Final desi!,,!l details will be submitted with the public improvement plans and are subject to approval by the City engineer. Staff Response: Theabove 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 final reports and designs approved by the City Engineer during PIP review. Staff Finding: SUB2003-00064 MountainGatc Phase 4 23 .. . l. 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 desil,,'ns in substantial conformity with the tentative plans as conditioned herein during PIP and Plat review. Conclusion: The applicant's Phase IV stonn water and revised Conceptual Master Plan submittals address and generally comply with the above condition for the purposes of Tentative Subdivision Approval. The stoml water plans, Plat and Conceptual Master Plans shall be revised to reflect final designs and reports demonstrating substantial confomlity 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 ontside of curves on steep down slopes. Applicant Submittal: The driveway design will be per the City of Springfield Standard Drawing 3- 9 which provides confomlance with this condition. There are no dliveways on steep slopes or other conditions within Phase IV which require specific consideration' beyond adopted City standards. Staff Response: 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 whicb serve a single development are tbe responsibility oftbe developer or property owners of tbe development. Prior to approval of the first subdivision tentative plat for any phase oftbe development, tbe developer and the City shall enter into an agreement specifying responsibilities for tbe long- term access and maintenance oftbe storm drainage detention and water quality ponds. Applicant Submittal: A detention/water quality facility will be located at the toe of the slope at tbe abandoned quarry. A preliminary design for the facility is included in the stomlwater 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. Staff Response: 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 begnn. Staff Findings: 1. The desib'll 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 approval. 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 stoml water facilities must be signed before a tentative pla(n) for any phase of the development SUB2003-00064 . MounL.1inGate Phase 4 24 .. . can receive pla(t) approval such that final designs of the 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 tenn use as a wetland site. Conclusion: The condition requires action prior to final plat approval. The applicanthas submitted tentative storm water plans and revised Conceptual Master Plan submittals for Phase IV and initiated negotiations for long tem1 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 stom1 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 stom1water management. 27. AIl proposed or required detention ponds must include water quality measures or water quality Best Management Practices must be incorporated into the overaIl design of the . master stormwater system sufficiently to comply with Section 32.110(4) as determined by the City"Engineer. . - Applicant 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 Response: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (wetland pem1its and stom1 water plans, reports and analyses) address and generally comply with SDC 32.110(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 confonnity 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 stann water and wetland flow reports approved by the City Engineer during PIP review. The final reports shall refine and further address the water quality standards of SDC 32.110 subject to City Engineer approval. SUB200J-00064 MounlainGate Ph<lsC 4 25 . .. 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. 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 "School/Park" 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 desi,gn has been changed so that some ofthe lots north of Line "A" will rely upon stonn drainage into the southern detention basin. Therefore a design for the southern (School/Park) 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 . stonn water plans, reports and analyses) constitute detailed plans for the detention pond located at the quarry/park site. ' Staff Finding: 1. The above condition is generally met for tentative approval by the applicant upon submittal of reports, plans and designs. 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 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 stom1 water .plans, the submittal will continue to comply throughout PIP and Final Plat Approval. 29. PriOI' to or concnrrent with the development application for any phase north of 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. Applicant Submittal: The desi!,'11 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 stann 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, maiutenance vchicle access must be provided around the entire perimeter of each pond. For pnblicly 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 providcd and guaranteed for all storm drain manholes located outside of a street right-of-way. SUB200J-00064 MounlainGate 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 southel1l boundary. All stOl1l1water 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: I. 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 areas located north of the quarry. Conclusion: As submitted and conditioned below, the applicant's plans for access to public stonn 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 desib'11s 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 tUI1l 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 identified by the Maintenance 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 nntil a connection to a public system is provided. SUB2003-00064 MountainGalc Phase 4 27 . . Applicant Submittal: TIle primary public stoml water discharge location will be into an existing 24 inch public stonnwater facility located at Weyerhaeuser Road north of Mt.Vemon 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 stomlwater from public facilities onto private properties. Staff Response: Staff concurs that the submitted Conceptual Master Plans and tentative subdivision materials (wetland pemlits and stom water plans, reports and analyses) address and generally comply with the above condition for the purposes of Tentative Approval. 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 confomlity 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 stom 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 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. - 32. The design engineer shall incorporate drainage benches, private storm drain systems, and other features 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 till slopes to reduce the potential of erosion on these slopes. Applicant Submittal: The desib'11 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 foml 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 Q . 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 confornlity with the tentative plans as conditioned herein during PIP and Plat review. 3. TIle 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 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. 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 ofa 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, 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 ternlinate with a circular turnaround, or bulb, with a minimum diameter of right of way and paving as shown in Table 32-1." 3. SDC26.080(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. TIle following condition of approval is applied to ensure full compliance with the Master Plan conditions and the S UB2003.00064 MounlainGate Phase 4 . 29 . . tentative plans prior to PIP or Plat approval: Condition I I: 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 fiuancial 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 I through 49) prior to constructing the remaining portion of Phase IV. The road will be along the east boundary of Lots 15 through ]9. 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 construcied during the construction of Phase IVa. 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: ]. 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 I - 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 of 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 MountainGatc 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 57'h Street. Staff Finding: 1. The existing secondary access road serves as emergency access to Phase 1 and 2 areas 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 reqnirements are addressed in the 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 MountainGatc Drive or when the traffic signal at the MountainGatc DriveIMain Street is installed. The phys!caI 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 Driye to Highway 126 (Main Street) from the Oregon Department of Transportation,prior to the Final Plat for Phase I of MOllntainGate. Applicant Submittal: An application was submitted and approved by ODOT for the Main Street cormection through the Phase i and II approval process. Staff Response: The pemlit 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. SUB2003-00062 MountainGate Phase 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 lIIust 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 cOlmection to Aster Street. Staff Response: This condition does not apply to tlie 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 MouutainGate. The City will reserve the right to require a Traffic Signal Warrant study at the MountainGate DrivefMain Street intersection prior to the plattiug of each phase in traffic zoue I ofthe Transportation impact Study, cxcluding 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 pe'rmit. The City will require the signal to be designed aud 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 financial assurance for the Main StreetfMountainGate Drive signal. Staff Response: This condition does not apply to the tentativc 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 nccessary to provide efficient access to neighboring amenities, commercial aud employment sites and necessary secondary access to the development for policc, fire and life safety services. Thcse are depicted on the Mastcr Plan as public right-of-way and must be constructed in conjunction with the development of the 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 Strcct right-of-way shall be 60-fcet wide from MonntainGate Drive to the east boundary of the site. The street shall bc a standard 36-foot residential dcsign. Applicant Submittal: The construction plans and final plat for Phase I will incorporate this requirement. Staff Respor;se: This condition does not apply to the tentative plans submitted for this phase of development Conceptual Master Plans are unaffected. SUB2003-00062 MountainGatc Phase 4 32 Q . 40. The rights-of-way of local streets shall he according to Tahle SDC Section 32.020 Tahle 32-1. Applicant Submittal: All local street right-of-ways in Phase IV are 50 feet, per SDC 32.020. Staff Response: TIle above condition is met on the preliminary plans submitted. All street designs will be constructed in accordance with the final reports and designs approved by the City Engineer during P1P review. Staff Finding: I. 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 duripg 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 ineluded in the site design ofthe 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, 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 improvcment 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 final acceptance of the tentative plans or preliminary reports. Plat and PIP approval will require refinement of the preliminary reports and designs in substantial confomlity with the tentative plans as conditioned herein during PIP and Plat review. SUB2003~0062 MountainGnte 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 final designs and reports demonstrating substantial confonnity with the tentative plans as conditioned for full compliance:, 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, 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 Suhmittal: 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 dUling 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 final acceptance of the plans. Plat and PIP approval will require refinement of the preliminary reports and desif,'11s in substantial confomlity 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 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 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 detemlined 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 suhject of approved variance request Jo. No. 95-05-125) shall he applied to street grades: 5U82003-00062 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 strects and 12 percent on collector streets for a distance of 100 fect for all approachcs. d. Maximum street grades allowed in MountainGate shall not exceed 18 percent. e. Maximum street grades throngh 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 !,'fade 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: 1. 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 !,'fades 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 desi!,,,,s in substantial confonnity 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 MountainGatc 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 of the preliminary reports and designs in substantial confonnity with the tentative plans as conditioned herein during PIP and Plat review. Conclusion: The applicani'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 desii,'Ils, plans and reports must continue to address the condition in substantial confonnity with the tentative plans and as required herein at Condition #3. 46. All persistent flow conditions, except for the identified open water component ofthe 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 stomlwater 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 of the 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 stoml water system. Staff Response: The above condition is generally met by the applicant's subdivision and Master Plan stonn water designs that include stoml water stubs to all lots, provisions for trench and slope de-watering and a stonn 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 infonnation; 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 stoml 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 final acceptance of the plans. 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. SUB2003-00062 MounlainGate Phase 4 36 . . Conclusion: The applicant's preliminary Phase IV and revised Conceptual Master Plan stonn water control systems address the above issue and generally comply with the condition for the purposes of tentative subdivision approval. Final desi!,'l1s, 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 st01111 water Master Plan, have been directed into the piped stonn system. 47. The developer shall include longitudinal drainage systems along the uphill side of all streets constructcd on cut slopes for each phase of the developmeut. These draius shall discharge to a piped drainage facility, not the street gutter. 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 cormect to piped systems, not to the street gutter. Staff Response: The above condition is generally met by the applicant's subdivision and Master Plan St01111 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 infonnation; 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 stonn 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 conf01111ity with the tentative plans as conditioned herein during PIP and Plat review. Conclusion: The applicant's preliminary Phase IV and.revised Conceptual Master Plan stonn 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 confom1ity 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. SUB200J-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 nnknown 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. 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 subgrade. 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 stonn water designs that includes options and provisions for trench and slope de-watering system. It is reasonable to assume that these systems arc capable of accommodating flow conditions that may be uncovered during construction based upon preliminary infonnation; 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 engincer 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 accordanct: 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 confomlity with the tentative plans as conditioned herein during PIP and Plat review. Conclusion: The applicant's preliminary Phase IV and revised Conceptual Master Plan stoml 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 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-b'Tade 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. PROJECT PHASING 49. Appendix E of the MountainGate Master Plan is revised to show Line "A" extended to the east to a point extending across Street "e" 400 feet south of Street "K". Applicant Submittal: Not applicable to this submittal. SUB2003-00062 MoulltainGate 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 constructed terminus of MountainGate Drive within three years. Applicant Submittal: TIle southern portion of Phase IV which excludes Phase IVa (Lots 1-49) is the area deternlined 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 58'" Street within 3 years will be provided. Applicant request the opportunity to request a modification to reduce street width on MountainGate Drive from 36 feet to 32 feet from 57''' 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 MountainGate, 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 Mountain Gate Drive as required or provide a financial guarantee acceptable to the City Engineer and the City Attorney that guarantees Mountain Gate Drive will be extended to South 58'" Street or an intersection approved by the City Engineer within three years. (b) TIle constructed width of MountainGate Drive may be reduced to 32 feet SU82003-00062 MountainGatc Phase 4 39 . . from 57'h Place to the MountainGate/Park Drive southern intersection pursuant to SDC 26.080(2). 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 sccondary 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: TIle 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 58'h 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 58'h 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 pernlanent 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 thc former expectation, the following shall apply: SUB200J-00062 MountainGatc Phase 4 40 . . a. An agreement between the applicant and the Willamalane Park and Recrcation 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". Applicant Submittal: Prior to the platting of any lots south of Phase IVa (Lots 1-49) the Willamalane agreement must be executed. 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 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 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. b. An agreement between the applicant and the Willamalane Park and Recreation District for the transfer of School/Park (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." 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; Le., a neighborhood park. Applicant Submittal: The reclamation plan and agreement with Willamalane must be completed prior to the platting oflots south of the southern intersection of Mountain Gate Drive and Park Drive ("C" Street). TIle intent of the applicant and Willamalane is to have an approved reclamation plan and al,'feement for the Quarry Park at the same time as the agreement for West Park and Hill Park. Staff Findings: I. Street C is shown as Park Drive, intersecting MountainGate Drive at the southerly boundary of Phase I and again at the southerly boundary of Phase 4, east of the quarry site. 2. The above condition requires an executed agreement for "Quarry Park" prior to platting south of the southerly ParklMountainGate Drive intersection, including Sub-Phases 4c. Conclusion: The Master Plan condition is triggered by platting of lots in Phase 4c and must be SUB200)-00062 MountainGatc Phase 4 4] . . 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 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 ofthe proposed development. Aoolicant Submittal: 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. Staff Findings: I. As proposed the connections between Mountain Park and West Park are planned as: (a) An easement to be dedicated during desib'l1 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 deternlined 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% h'fade could be.huilt 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 chimge. 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: SUB200J-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 established 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 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 south of Line" A" on Exhibit 2, Appendix E of the Master Plan. The zone change . shall be initiatcd 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-Q5-03) 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 concurrently. 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 of the 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, 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. SUB2003.()0062 MountainG<lIC Phase 4 43 . . 55. The School Park depicted on the Conceptual Master Plan, page 1, 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 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. Applicant Submittal: TIle applicant concurs with initiation of the plan amendment and will subsequently 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 ce,rtain areas within Phase 4. As conditioned below, the submittal meets the requirements oftlle 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 ihe applicant, by the City and the Wi llama lane 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 Drivc (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 casements, 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, 200 I. This area is currently being analyzed by Heritage Research Associates, Inc. to develop a plan for mitigation and/or long tenn protection of the site consistent with applicable regulations. Staff Findings: 1. 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 par~ district policies for access, hazard abatement and preservation subject to SDC Article 38 and deed restrictions established herein. SUB2003-00062 MounlainGale 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 pemlit 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 and proposed cutting plan for the rights of way of each phase and determine what trees ean be retained to serve as required street trees. The trees shall be depicted on the tentative subdivision plan and the fiual construction drawings for the publie improvements. Appropriate measures to protect the trees during construction shall be specified on the construction drawings. Applicant Submittal: 111e 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 ~ftrees 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 ~nd long term preservation of suitable street trees tentaiively approved under the concurrent Tree Felling and Hillside Development decisions for this phase of development. SUB200)-00062 MountainGate Phase 4 45 . . Conclusion: 111is 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 detemiine 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: 111is requirement has been met as discussed in the forester's report included .in the accompanying tree felling penn it. 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 of the 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 oft the Plat to protect identified tree preservation areas. 111ese 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 paralleliug 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. Identificadon 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 trecs, and provide typical protcction mcasures to preservc the adjacent trees and understory vegetation during removal. f. Evaluate existing vegetation conditions on each proposed lot and assess thc least impact for placement of buildings, decking and outbuildings. Building envelopes shall be created pursnant to this analysis. g. The revegetation plan will idcntify areas within the report area that can be replanted to compensatc for trees that are removed. ReplacemenNrees 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 t!tat should be protected, to the greatest extent practicable, throughout the report area. Invasive non-native plant species such as blackberries, ivy and scotch broom can be removed. i. The report shall identify and provide for the retention of trees in snfficiently 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 docs 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 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. 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 ZOllillg is cOllsistellt with the Metro Plall diagram alld/or applicable refinement plall 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 571h Place connection. TIle arca currently under review is zoned Low Density Residential (LOR). Two parcels on the plat are reserved for future open space designation in accordance with the Master Plan. Staff Findings: SUB2003.00062 MounlainGate Phase 4 47 . . I. The Metro Plan designation for the property is Low Density Residential (LOR). 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 LOR. 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 LOR zoning is consistent with the Metro Plan designation. (2) Developmellt of all)' remaillder of the property ullder the same oWllership call be accomplished ill accordallce with the provisiolls 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: 1. The applicant proposcs 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 7.5 acres are a portion of the 330 acre site having Master Plan approval for residential and associated uses (PJ # 1995-02-0039). 3. TIle current proposal has been conditioned herein to refine 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. TIle 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 (, 5UB2003-00062 MountainGalc Phase 4 48 . . original Master Plan concept. 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. As conditioned below, the submittal satisfies Criterion 2 and the Hearing Official's Master Plan decision: Condition 30. Prior to final plat approval, submittal of revised Conceptual Master Plan drawings showing any revisions to the drawings resulting from final desi),'Il process is required. "(3) Adjacent land can be developed or is provided access that will allow its development in accordallce with the provisiolls of this Code. " Background: TIle development area is 75 acres located in the west southwest section of the 330 acre MountainGate Master Plan for residential development and public open space (Pl # 1995-02-0039). The Phase 4 development area 'extends from the southwesterly boundary of the tentatively approved Phase I to the street connection at 57'h 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 57'h Place and 58'h 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 67"' 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 Jndeveloped rural timber properties and developed subdivision properties that take access to Mount Vernon Road via 57'h and 58'h Streets. 2. The Master Plan adopted findings regarding traffic impacts and the approved plans for access known as Alternative III B in the Transportation Impact Analysis (See Master Plan Decision 95-02-39, Finding of Fact # 1 0). 3. TIle City Transportation Planning Engineer has reviewed the traffic impacts of the current plans and deternlined 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 2,2004.). The Transportation Division's conditions of approval 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). 5. The applicants Phase 4 submittal has been conditioned to connect street patterns between Main Street and 57"' Place, and provides street access to park and open SUB200J-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 conditionedfu/lfyf conforms with the requirements of this Code pertaining to: lot size and dimensions, the efficient provision of public facilities and sen,ices, safe and efficicntmotor vehicles, bicycle and pedestrian movemcnt, and consideration of natura/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 Engincering 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 findings 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: MOUNT AlNGA TE PHASE 4 DEVELOPMENT CONDITIONS OF APPROVAL. 3. TIle 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 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 refinement of the preliminary reports and designs in substantial confoffility 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 SUB200J-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 lea). . . 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 90 feet of frontage shall be applied to the Master Plan development site where slopes are b'feater 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 pemlit 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 ,,(public facilities and services... ' 4b.! Dedicated Rights-of-Wav Staff Findings: I. Plans submitted show the rights-of-way proposed within Phase 4 to be 50 feet which confonns 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: I. Applicant's plans show IO-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. [n 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 Jots 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. SUB2003-00062 Mount..1inG:ltc Phase 4 5t . . 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 of the 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 ab'feed 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 circula'tion to the site. The public improvement plans must include AC street paving and an alternative PC concrete paving desib'11. 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 final 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 SOC. 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: 1. 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 57'h Place to the south. All lines to and within the development must be installed undergrou'nd (ref: SDC 32.120). SUB2003-00062 MountainGatc 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) Sanitarv Sewer Staff Finding: I. The appl icant 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 effect 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 Systems System Design, Detention and Pretreatment Staff Findings: 1. The City Engineer's representative and the Environmental Services' engineering representative reviewed the submitted plans and determined that the stom] water drainage system proposed generally complies with submittal requirements and, as conditioned herein, can be constructed to accommodate stom] 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 stom] water then flows into an open water drainage channel 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 final 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 findings, 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 nece'isary. 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 lenl,>th of 400 feet. A cul-de-sac shall terminate with a circular turnaround, or bulb, with a mininlum 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: 1) 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." Back(.'found: SUB200J-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 natural resources located within the current phase of devdopment: I. 'The planned Park and 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. 11le site requires protection prior to and during development. 11le site is located along Pacific Sunset Loop. 3. There are jurisdictional wetlands and waterways delineated on the current phase. 4d) 1. 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 Ma'ster Plan identifies state registered archeological resource site #35LA657 and recommended non-disturbance and open space for the preservation of the site. SHPO Penn it 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 pernlit 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 ofSHPO 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 and 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 offact leads to the conclusion that proactive field analysis of the development area is being perfornled 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 final report shall be submitted to all affected parties in accordance with SHPO Permit AP-604. Any " SUB2003-00062 MounlninGalc Phase 4 55 . . remedial or protective actions recommcnded 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 pemlits are issued to allow the fill to occur. 2. The applicant obtained ajoint DSLfUSACOE pemlitto fill wetlands within Phase I and to replace the wetlands within a mitigation site within Phase 4, south of the quarry. (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. Pemlits have been issued for the work necessary to integrate a wetlands mitigation site including existing wetland into the stoml water collection and treatment systems. The Director and the. City Engineer have detemlined that the storm system designs which integrate the wetlands require additional iIlfomlation prior to approval for handling public stonn 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 ajoint DSLlUSACOE pemlit granting approval for such impacts. Condition 35: Prior to the filling of wetlands delineated within Lots 50 and 5 I the applicant shall obtain a joint DSLfUSACOE pemlit to allow the fill to occur. 4d)3. Trees/Hillside Development Staff Findings: 1. 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 becreated pursuant to this analysis. SUB2003-00062 MountainGate 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 nonnal setback requirements, slope and utility easements and, where appropriate, consen:ation easements for the preservation of trees. 5. The development report required as a condition of the concurrent Hillside Development pennit 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 penn it and incorporated into this subdivision approval requires data regarding the geology of the site, the nature, distribution, and stren!,>th 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 civil engineer/geologist. 7. The concurrent Tree Felling pennit considers the proposed Tree Preservation Plan, building envelopes and utility designs. Conclusion: The above findings, conclusions and conditions denlonstrate 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 penn its 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 MOUNTAINGATE PHASE 4 DEVELOPMENT CONDITIONS OF APPROVAL V. Director's Decision 11le materials that make up the Master Plan approval provide a starting point (original desi!,'11) and directions (conditions) that, if followed, will lead to subsequent development approvals. The applicant has submitted plans resembling the original desi!,~ls; however, a numberofthe conditions contained in the Master Plan can not be fully satisfied until design details are submitted and reviewed through the final Plat review and public improvement plan process. Based on the findings and conclu.sions 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 desi!,'11s and supporting information, complies with the said criteria. The Director further finds that 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 oth~r penn its under the timeframes established in the body of this report. SUB200J-00062 MouOlainGatc 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 nn 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 Environmental Quality (Erosion control 5 acres or greater), will be required. 5. A permit from U.S. Anny Corps of Engineers (wetlands) will be required. SUB200J-00062 MountainGatc Phase 4 58 . . 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: Consultiu!! En!!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 REOUEST: The applicant is requesting approval to subdivide 130 lots on 75 acres as Phase 4 of the MountainGate Master Plan development. Portions of the site are located above the 670 foot elevation mark and include slopes exceeding 15%, triggering the provision~ of the Hillside Development Overlay District in addition to the Master Plan requirements. DECISION The application 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 final. Please read this document carefully. BACKGROUND/SITE INFORMATION: The applicant has submitted concurrent Subdivision, Tree Felling and Hillside Development applications to develop Phase 4 of the MountainGate site. The 330 acre 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 Mastel' Pia" as amended by the Hearings Official's Decision. I The Springfield Development Code provisions in effect at the time of Mastel' 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. . . 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 pOltion 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. The 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 57'h 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 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 tenns 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. 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 ofthe 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 of Hillside Overlay District shall supplement the regulations of the underlying district. Where the rel,'lllations and permitted uses of an underlying district conflict with those of an Overlay District, tlle 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: (1) OPTION "A" - AVERAGE SLOPE - MINIMUM LOT SIZE. TIle site development requirements of the LDR District shall apply, with the exception of the minimum lot size and duplex standards. Determination of minimum lot size where the slope is 15 percent or l,'Teater is a 3 step process: (a) Detern1ine 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 detern1ine 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) Detern1ine the minimum lot size for the portion of the development area where the slope of the land is l,'Teater 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. 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% 15-25% 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 149.8 acres ofland where the slope is 15 to 25 percent. Assuming the average slope in the 15 to 25% range is 20% and the average slope in the 25% - 35% range is 30%, then the weighted average slope in the 15% to 35% range is 23.75%. 3) Using Table 26-1, since the average slope is 23.75 percent the minimum lot size for the portion of the MountainGate development with slopes greater than 15 percent is 10,000 square feet and the minimum lot frontage is 90 feet. Staff Findings: r I. The property involved in this application is zoned and designated Lcw Density Residential (LOR). 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 . fTontage. 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 l,'fades may exceed the 12 percent local street standard specified in Section 32.020, Street Standards - Public only where topographical conditions make it impractical to 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 pemlitted where street grades exceed 12 percent. (b) No street with a grade of 15 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, park land 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 stomlwater laterals from each lot into the right-of-way storm water 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 l,'fade 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 confoml 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 strent,'th 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 geology 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 tentative 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 inforination: (a) Existing and proposed details and contours (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 desih'l1s. 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: 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 confomlity 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 final designs and reports demonstrating substantial conformity with the tentative plans as conditioned for full compliance. (b) Details ofterrain and area drainage; Applicant Submittal: Terrain and area drainage details are shown on the attached grading plan. A stonnwater plan has also been submitted for the proposed subdivision to show the drainage system proposed for the development. Staff Findings: I. 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 conditions. 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 stoml water plans, reports and designs. All drainage 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 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 final designs and reports demonstrating substantial confomlity with the tentative plans as conditioned for full compliance. (c) Location of any existing buildings or structures on the property where the work is to be performed, the location of any existing buildings or structures on land of adjacent owners which are within 100 feet of the property or which may be affected by the proposed grading 7 . . operations, and proposed or approximatc locations of structures relativc 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 57'" 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 activitics necessary to construct MountainGate Drive. ' 3. Erosion control measures are required as part of the public improvement pemlit 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 conditions, there. appear to be no impacts to nearby structures beyond those typically associated with nomlal 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 approximatc grade of all streets with the final determination to bc 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 aligrmlent to veri fy 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 stoml water plans shall be revised to reflect final 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 desib'lls will be constructed in accordance with the final reports and designs approved by the City Engineer during PIP and Final Plat review. 8 . . (e) Limiting dimensions, elevations, or finished contours to be 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 generally 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 conformity with the tentative plans 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 final designs and reports demonstrating substantial confomlity with the tentative plans as conditioned. (I) Detailed plans and locations of all surface and subsurface draiuage 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 stomlwater drainage plan submitted with this application. . Staff Response: TIle 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 final reports and designs approved by the City Engineer during PIP and Final Plat review. Staff Findings: I. The updated stomlwater Masterplan submitted, the stomlwater drainage plan submitted and supporting documentation, address these elements of the overall drainage system proposed. 2. A final stomlwater drainage plan for Phase IV must be approved by the City prior to issuance of a pennit 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 pemlits for public improvements. 3. Tentative subdivision approval is not final acceptance of preliminary storm water designs and reports. Plat and PIP approval will require refinement of the preliminary reports and desib'lls in substantial confomlity with the tentative plans as conditioned herein during PIP and Plat review. Conclusion: The preliminary stoml 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 confonnity 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 Applicant 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 final 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 15, 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 pemlit 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 \ . . . pennit. Conclusion: A public improvement pernlit (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 #1. 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 biobenns; the ~stablislmlent of vegetation or other techniques for pennanent 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 stornlwater drainage plan have been prepared by Anthony J. Favreau, civil engineer, licensed in Oregon. Conclusion: The grading plan has been prepared by civil engineer. (3) Vegetation and Re-vegctation Report. This report shall be in accordance with Section 38.030(2) ofthis Code iftrcc 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 pennit (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 c~ncurrent 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-vegetation 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 devel?pment 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 detennine the accuracy of prelimin'ary 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 forth 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 11, 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 confonnity with tentative plans, Conclusion: Verification of street grades' has been perfonned by the project engineer to his satisfaction that there are no significant differences between preliminary and final grade and slope detenninations. 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 ofthe tentative subdivision approval. 5) Development Plan Report. A proposed development plan shall be submitted, depicting bnilding envelopes for each lot including driveway approaches and all other associated impervious surface areas. The plan shall be based upon the findings ofthc 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 refined 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 define building envelopes will be included in the final CCR document to be recorded with the final 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 findings 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 final development plan must be submitted that incorporates building location restrictions as they are deternlined 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 deternlined 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 Marshal1." 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 fire protection requirements may be required in hillside development areas which are considered vegetated areas subject to wildfires as detenllined 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 fire 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 fire 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 pennit. Applicant Submittal: Due to the forested setting of this 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 of 30 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 lots 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 ofvegetation: Availability of access by fire fighting equipment; Proximity and efficiency of the city fire equipment and personal; Water availability; and 1 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 of the final version. Condition #4. 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. (3) All buildings located in or adjacent to vegetated areas subject to wildfires shall have a Class A or 8 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 detenl1ines which areas of the City are subject to wildfire. Conclusion: The above standard is implemented after initial construction and during residential pemlitting 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 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. DECISION AND CONDITIONS OF APPROVAL: This Hillside Development Application is approved with conditions. The above conditions are incorporated into the Phase IV Subdivision (SU82003-00062) Tentative Approval Attachment A, Land Use Conditions of Approval, and shall be implemented therein. 15 . . 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 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 16 \, 1", . . 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: ConsuItin2 Forester: February 27,2004 Doug Wolf, Oregon Forestry Service PO Box 26224 Eugene, OR 97402 AppIicantJOwner's Representative: Owners: Mr. Mike Evans Norman & Melvin McDougal Land Planning Consultants Dba: LeeLynn, Inc. & Wiley Mt. Inc. 1071 Harlow Road P.O. Box 518 Springfield OR 97477 Creswell, OR 97426 REOUEST Issuance of a Tree Felling Pennit and approval of a Tree Preservation Plan for residential development on 75 acres of the Mountaingate development site (Phase 4). DECISION This Tree Felling Permit and the proposed Tree Preservation Plan are approved. Conditions imposed by this approval are incorporated into the subdivision tentative plan approval (SUB2003~00062) 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 Plall as amended by the Hearings Official's Decision. I The Mountaingate site is bounded on the east by 671h Street, on the west by 571h Street, on the south by Weyerhaeuser Road, and on the north by OR 126/Main Street. The 75 acres involved in this application includes the forested ridgeline above 57th 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 addresses 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. 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 cri teri a. . 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 tenns and conditions of the Master Plan, but subject to the applicable Development Code 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. 2 , , . . 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 hereby 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 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: The applicant submitted a Tree Preservation Plan showing clusters of trees to be retained resulting in building envelopes where tree removal is allowed for residential construction. The applicant proposes individual Tree Felling Pennits to guide tree removal within the building envelopes. The applicant has provided the following overall site description: Applicant Submittal: The subject parcel lies in a bowl shaped configuration with a general southern aspect. On the west side of the bowl is a flat topped ridgeline and on the east side is Hill Top Park. A mild sloping drainageway transects the Phase IV subdivision beginning at the north end and exiting at the south. West of the drainage way is a moderate to gentle slope that extends to the flat ridge top on the west boundary of the proposed development. This slope has an eastern aspect and provides for good soil conditions for vegetative and tree !,'Towth. East of the drainage is a very mild slope with a western aspect. Soil conditions here are more difficult for forest productivity. The flat ridge line adjacent to the proposed West Park is characterized by shallow soils to bedrock. In general the entire site varies from conditions of shallow rocky soils to fairly deep well-drained soils, which are more conducive to tree growth. The bowl shaped configuration conceals the view of nearly the entire subdivision from the City of Springfield. This is largely due to the screening characteristics of the forest located to the west and north in the West Park open space area. The 60 acre Hill Top Park lies to the east creating a secluded scenic setting for the subdivision. Generally, vegetation on the site represents typical upland forest species found throughout western Oregon. Species represented on this site include Douglas-fir, bigleaf 3 . . maple, grand fir, ponderosa pine, Oregon white oak and incense cedar. In the uplands Oregon grape, sword-fern, poison oak, snowberry, Himalayan blackberry, ocean spray, vine maple, and California hazel characterize under story vegetation. Species within the bottom lands include Oregon ash, Oregon white oak, ponderosa pine, and black cottonwood. Under story species here include rose, Himalayan blackberry, Forbes and grasses. The conifer stand in the adjacent West Park and Hill Top Park open space areas are older stands that are 60-80 years of age. There is also a scattering of old growth trees that are highly defective and support large diameters. Outside of these designated park boundaries the conifer trees range in age between 20-50 years of age and 4:'-30" in diameter. Many of the oaks are older but in most cases have small diameters and heights as they are growing in harsh environmental conditions. A few scattered large oaks are present. Oak tree heights vary from 25' to 120'. The sizes of trees are typical for this age offorest. Forest ecosystems present on the subject parcel demonstrate the soil and site conditions. The shallow and rocky soils are inhabited generally by Oregon white oak whereas the better deep well drained soils are dominated by bigleaf maple and Douglas fir. The poorly drained sites such as bottomlands and on the toe of slopes are represented by Oregon ash and black cottonwood. The only significant internal clustering of trees exists within a band lying east of the west ridge and extends from the north end of Phase IV south to the quarry. Lots including trees within this cluster are 20 through 28 and 72 through 77. Another clustering of trees includes the West Park open space and extends from the north property boundary south and southeast to the quarry. The western portions of Lots 9 through 19 and 78 through 84 are included in this band of trees. The majority of Lots 117 through 124 are also included. Otherwise trees are scattered through the site in small groupings or as individual specimens. SPRINGFIELD DEVELOPMENT CODE, ARTICLE 38 38.040 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 following standards: (1) Whether the conditions ofthe trees with respect to disease, hazardous or unsafe conditions, danger of faIling, proximity to existing structures or proposed construction, or interference with utility services or pedestrian or vehicular traffic safety warrants the proposed feIling. Applicant Submittal: The majority offorest trees proposed for removal are required to allow construction of improvements within the Phase IV subdivision. Some additional individual defective or danger tree removal will be necessary for public safety prior to 4 . . constructing homes on the lots. The forest communities located on the subject tract are of average health and condition. No major or wide-ranging insect or disease problems are present. There is however a large percentage of individual trees throughout the site that are defective or pose a potential safety hazard for residential development. Even in potential lot setback areas, which are designed to retain forest trees, many hazard trees exist. A reconnaissance of the areas revealed may trees have broken tops, forks, double tops, excessive lean, and rot associated with old breaks. There is also evidence of "windthrow" past and present. There are a few large Oregon white oaks present in some of the lots. These trees will need to be protected if they are sound and are not a safety hazard. Most of those observed appeared to be defective due to wood rotting fungi. Each individual tree will have to be assessed to detennine if it is in a sound condition and appropriate for retention. Some perimeter areas along the west ridge also include large conifers up to 120' tall and 30" in diameter. A percentage of these trees appear to be healthy. However, due to their size and stature some of these trees represent a risk to public safety. The propensity for wind throw on this ridgeline is great. After construction activities and removal of defective trees it is questionable whether the subsequent conditions will provide for a stable risk free environment. If these trees are retained they will need to be kept a safe distance from home sites and other improvements. In view of the risk of the retention oflarge trees it would be best to promote smaller stable trees such as healthy groups of 10' -40' tall maple, incense cedar, oak, or Douglas- fir. These smaller trees can grow up with the subdivision and become stable within the new environment. Within the actual subdivision areas the safety issue must have priority. A different standard for "hazard trees" will be applied to the park areas. Here no specific. risk target is in close proximity to the hazard trees. Risk and hazard in these locations would not exceed those found in walking or traveling through any forest setting. The exception to this is where park areas and building lots interface. Here "hazard tree" within the park boundary will need to be reviewed for public safety. In summary, a certain amount of forest vegetation will necessarily be removed through the subdivision construction process. Additional defective and hazard trees must be identified and removed on a lot by lot basis prior to the construction of houses. Staff Findings: 1. Construction required for the development of streets and lots within the Phase 4 subdivision warrants the removal of vegetation within the areas shown for cuts and fills on the grading plan submitted. 2. Trees exist on the property that are defective must be removed for fire breaks, or would be obviously hazardous to future dwellings due to the risk for wind throw. These trees may be removed through the subdivision construction process with concurrence by City staff. 3. Other trees exist that may have to be removed when a dwelling is placed on each 5 . . lot because they are located within the improvement area, are hazard trees or require removal for fire breaks. Removal of 5 or more of these trees with a 5 inch or larger diameter requires an independent tree felling pennit for each lot. Conclusion: The forester's repOli demonstrates a reasonable approach to identification and removal of hazard trees during construction. Additional hazard trees may be designated by the project forester during construction of public improvements. The following condition of approval is applied for ongoing compliance with the "hazard standard": Condition #1. 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. (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 geological sites. Aoolicant Submittal: As previously discussed, the removal of trees has been minimized by the location of streets as much as possible where the least amount of tree canopy exists. Tree removal in addition to that required for subdivision construction will initially be limited to the removal of defective or hazard trees as are identified by the project forester and agreed to by City officials. Tree removal within the individual lots to allow the building of houses will be regulated by individual tree felling pennits. Impervious surface is limited to 35 percent of the lots which allows significant area available to maintain the forested environment where that currently exists. Building setback lines are proposed along certain back property lines to maintain the clustering of existing trees in the two north/south bands of trees previously described. These proposed setbacks are shown on the 'development plan' prepared for the Hillside Development Pennit and attached to this report. Thesc setbacks generally extend along the lots abutting the West Park open space for a depth of20 feet on the east side and 30 feet on the west side. Setbacks are also proposed to maintain a central tree cluster area on back lot lines 10 feet along the western lots and 20 feet along the eastern lots. Lastly, as is further discussed in (5) below, existing trees and tree groupings are to be retained as street trees as much as feasible during the public improvement construction process. Based upon the tree protection methods proposed, the proposed felling is in accordance with State standards, Metro Plan policies and City ordinances affecting the environmental quality of the area. Tree removal in conjunction with the proposed development plan will have no effect on soil stability, surface runoff volume, erosion, water or scenic quality. 6 . . Staff Findings: 1. The forester's report identifies groupings of trees proposed to be protected along certain back lot lines intended to compliment larger forested areas within West Park and Mountain Park and to maintain tree clusters. within interior portions of the development. 2. The development proposed preserves forested area~ within West Park, Mountain Park and cultural resources site number 35LA657 consistent with the Goal 5 ESEE analysis for MountainGate and MountainGate Master Plan approval. Conclusion: Staff concurs with the applicant's response. The tree felling proposed is consistent with the level of vegetation removal required for residential development. Identified Goal 5 resources are protected within the development proposed and additional trees and open space areas are to be protected within the development to retain the environmental quality of the area. (3) Whether it is necessary to remove trees in order to construct proposed improvements in accordance with an approved development plan, grading permits and construction drawings. Applicant Submittal: As discussed under criterion number I above, it is necessary to remove trees in order to construct the proposed improvements. Staff Findings: I. The trees proposed for removal are limited to those necessary to install subdivision improvements and trees that would be hazardous within a residential development. 2. Trees requiring removal for the construction of dwellings will not be removed at the time of subdivision development. Removal of more than 5 trees with a dbh of 5 inches or !,'Teater necessary for dwelling construction will require a separate tree felling permit pursuant to SDC, Article 38. . Conclusion: Staff concurs with applicant's response. The tree felling proposed is necessary to construct proposed subdivision improvements. (4) In the event that no Development 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 development regulations, and consistent with the following criteria. Applicant Submittal: This criterion does not apply because the tree felling proposed is part of a subdivision development application. 7 . . Staff Conclusion: Staff concurs with applicant's response. This criterion does not apply because the tree felling proposed is in conjunction with a development plan for a residential subdivision. This decision is issued contingent upon subdivision tentative approval. (5) Whether the applicant's proposed replanting of new trees or vegetation is an adequate substitute for the trees to be felled. Applicant Submittal: a. Impacts of Construction Activities on Forest Canopy The forested canopy was examined by utilizing aerial photography prior to any construction disturbance in order to detennine the impacts of the Mountain Gate Subdivision Phase IV. A subdivision plat overlay was electronically positioned over the photo to provide for construction detail. The subdivision includes approximately 77 acres and excludes future park land to the cast and west and a fonner rock quarry to the south. The central portion of the development includes wetlands that are proposed to be included in an area to be retained as open space. Approximately 10 acres of forcsted canopy will be removed to accomplish development of the subdivision. The balanced to be disturbed consists ofbrush lands or natural openmgs. The subdivision lies in an area that is lightly forested. The subdivision street system has, as much as possible, been located in areas where natural openings are already present. The forest canopy that will be removed is necessary to provide for proper street grades, sewer, and drainage systems. The proposed subdivision plan also calls for grading the top of the ridgeline and filling at the toe of the slope. Grading on this site is necessary to provide for suitable drainage, soil stability and proper street grades. (See photo overlay) b. Vegetation / Re-vegetation Report Due to the necessary grading and loss of vegetation trom this site the following re- vegetation plan will compensate for a portion of the tree removal. The plan includes required placement of street trees, reforestation of some fill areas, and afforestation of the drainage bisecting the development. Street Trees Establishment of street trees and some re-vegetation will be necessary following the construction of streets and grading. All of the trees will be removed initially within the grading areas but some well fonned trees near the street may be maintained as street trees. The goal of the street tree program on the MountainGate Subdivision is to provide for tree lined streets composed of primarily native or similar species. The majority of the subdivision will require replacement with nursery stock to establish tree lined streets and create the desired effect. 8 . . The final selection of individual existing trees to be retained as street trees is not possible prior to slope staking for road construction to detem1ine the extent of cuts and fills and other construction disturbances. Also some individual trees may not be able to be saved . during construction due to root location. In order to facilitate the selection process after the staking, groups of trees will be identified by the use of an aerial photo and a construction plan overlay. This is a preliminary step in identifYing potential street tree candidates. From within these h'TOUPS of trees final street trees will be identified after construction staking has been established on the ground. During the final selection process it is intended that a clump or group of trees will be retained rather than just selecting individual trees at 30' spacing. This method will provide reinforcement and stability to the future street trees. In this setting, creating a line of trees is less desirable than maintaining a natural and native forested setting. In hillside developments such as this with curbside sidewalks, street trees will be selected which maintain a minimum of 5' trom the sidewalk for hardwoods and 10' for conifers. No trees will be retained or planted within the road right-of-way unless there are "special considerations" which would be discussed with City officials. Rather the street trees will be established and retained within the future private lots. In certain circumstances street trees may be selected out to 20' trom the right-of-way. During slope staking of the street right-of-ways, the forester will identify suitable street tree clumps on the ground using the previous aerial photo mapping as a guide. The previous aerial mapping will not however override the conditions that are observed on the ground during this survey. Once these potential street tree clumps have been identified, a meeting with the City official will be held on site to review the selections. These identified clumps or individual trees will be protected by the installation of orange, meshed, plastic, 'construction fencing. The fencing will be installed along the drip line of the tree canopies. When actual road construction has been completed the final street trees or street tree clumps will be selected. At this time driveway, utility lines, and street light locations will be taken into consideration. Street trees will not be located within 20' of a streetlight to avoid interference. Those trees selected will be healthy, free of disease, mechanical injury or damage. The standards provided in the Street Tree EDSP 200 I 6.02.1 "Existing Trees" will be followed for final tree selections. The final street trees selected will be pruned up to 13' over right-of-ways and 8' over sidewalks to avoid interference with public movements and to avoid tree damage. After the selection of native street trees .has been made a determination of additional street trees needed will be established. Lots deficient in suitable street trees, at the amount of approximately one tree for every 30' oflot road tTontage, will require additional tree establishment. Street trees to be planted along the right-of-;"'ays will be selected trom the City of Springfield acceptable tree list. . 9 . . The standards specified in the Street Trees c10cument for "Street Tree Size" 6.02.3; "Street Tree Location" 6.02.4; and "Tree Planting Procedures and Establishment" 6.02.5 will be the standards used for this subdivision. Out of the 77 acres in the development approximately 10 acres of forest canopy will be removed. Replacement of the lost crown cover will occur in three ways. First will be through establishment of street trees as discussed above. Where individual or clumps of existing trees cannot be preserved, street trees will planted along right-of-ways every thirty feet on each side of the roadway. Approximately 700 trees will be planted over 10,300 foot long ofright-of-way. When mature, each street tree will fully occupy a 30' radius. This would effectively occupy approximately 14 acres. It is estimated that approximately 3 acres ofthis area will maintain existing trees as street trees resulting in II acres of replacement (re-vegetated) canopy area. Additional reforestation is proposed along the drainage basin and at the base of fills. This planting of a mix of conifer and hardwoods will effectively afforest an additional 3.6 Acres. Staff Findings: 1. Tree removal required for street and utility placement will remove 10 acres of forest canopy. 2. Street trees required during PIP approval and planted during building construction (excluding native trees to be retained) will replace I I acres of canopy. 3. The lineal placement of street trees mathem,atically offsets the amount of canopy cover lost but is not fully consistent with the clusters of trees that must be removed to accommodate the development. 4. Where detennined in accordance with the three-step street tree preservation method proposed in the Forestry Report, existing trees and clusters of trees will be accepted as street tree substitutes. 5. To further offset the removal of tree clusters, the applicant proposes establishing additional forest vegetation (forestation) within and adjacent to the drainage basin (open space) portion ofthe development. Conclusion: The amount of street trees preserved or required within the development in addition to forestation within and adjacent to the open space adequately compensates for the quantity and quality of forest canopy to be removed for subdivision development. As conditioned below and in the Phase 4 Tentative Subdivision Land Use Conditions of Approval, the submittal meets the requirements of the Master Plan and concurrent applications for tree (and vegetation) preservation and planting: Condition #2 . Existing trees or clusters of trees to be preserved and substituted for street 10 . . 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. Prior to final plat approval the applicant must also submit a planting plan for the area intended for forestation. that must occupy at least 3 acres. The 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. (6) Whether slash left on the property poses significant fire hazard liability to the City. . Applicant Submittal: All tree boles will be removed down to a 1" top. A few limbs off of the butt logs will be left through out the wooded area. This material will breakdown and be incorporated back into the soil structure to release nutrients. No heavy accumulation of slash will be left in a specific area. Other tree tops, limbs, and slash will be yarded to a landing and hauled off site, or chipped and scattered. A minor amount oflimbs may remain on the subject parcel. This slash treatment procedure will help prevent erosion as well as reduce the fire hazard. Staff Response: Staff concurs the submittal addresses the above standard. Staff Findings: I. The applicant does not intend to leave slash on the property that would create a fire hazard. 2. A fire protection plan is required under the concurrent Hillside Development pennit approval that requires removal of highly flammable materials within each lot. Conclusion: Logically slash and debris must be removed or located such that it will not be unsightly for the resulting residential development. Staff does not anticipate an issue where slash might pose a significant fire hazard liability. (7) Whether the felling is consistent with the guidelines set forth in the Field Guide to Oregon Forestry Practices Rules published by the State of Oregon, Department of Forestry, as they apply to the northwest Oregon region. Applicant Submittal: a. Fall and Bucking The timber cutter or mechanical harvester will be required to directionally fall trees with as much care as practical to stay within utility right-of-way corridors and grading areas to 11 . . protect from damaging remaining conifer and hardwood trees. Approximately twenty feet of width will be impacted along utility corridors. Sensitive areas such as no cut. buffers and property boundaries will be clearly marked with plastic construction fencing to ensure their protection. The soils are shallow to moderately deep and exhibit both poorly drained and well drained conditions. All the soil conditions are generally dry and droughty during the late spring and summer months. Therefore all of these soils are suitable for the use of midsize crawler-tractors, skidders, harvesters, or excavators. The potential for soil structure disturbance is low if operations are conducted during dry soil conditions. b. Yarding The soils are shallow to moderately deep and exhibit both poorly drained and well drained conditions. All the soil conditions are generally dry and droughty during the late spring and summer months. Therefore all of these soils are suitable for the use of midsize crawler-tractors, skidders, harvesters, or excavators. The potential for soil structure disturbance is low if operations are conducted during dry soil conditions. To further minimize soil disturbance designated skid trails will be detennined prior to falling and skidding, if needed, outside of construction corridors and areas. Equipment movements will generally be restricted to utility corridors or road right-of-ways. This will avoid damage to the root systems of trees being retained. After skidding, utility corridors and right-of-ways will be seeded with a grass seed mix to prevent erosion. This will be particularly important if there is a lapse of time between tree removal and subsequent final construction. Prior to the fall rains the erosion control measures must be implemented. Water bars will also be constructed where necessary, although it is not anticipated that many will be required on this mild terrain. The water bar placement and construction will follow guidelines published by the State Department of Forestry. Yarding will be closely monitored particularly during periods of wet weather. The yarding will be shut down in the event that substantial mud and rutting begins to occur. Again, standards set fOrtll by the State Forest Practices Act will be adhered to when yarding. c. Erosion Control Erosion potential is low and will be controlled by proper road and landing drainage, as well as the retention of adequate existing vegetation. Water will be prevented from collecting or running over bare soil. This will be done by the construction of water bars along roads and skid trails where needed. Due to mild terrain not many water bars are anticipated to be needed. The construction area, dirt roads, landings, and skid trails will be seeded with a grass seed 12 . . mix after logging is completed. This will safe guard the area until construction activities are completed. No erosion problems are anticipated from log removal operations if reseeding is completed prior to the fall and winter rains. Seed should be spread in early October so that gennination can occur in early Fall. I d. Slash Disposal All tree boles will be removed down to a 1" top. A few limbs off of the butt logs will be left through out the wooded area. This material will breakdown and be incorporated back into the soil structure to release nutrients. No heavy accumulation of slash will be left in a speci fi c area. Other tree tops, limbs, and slash will be yarded to a landing and hauled off site, or chipped and scattered. A minor amount oflimbs may remain on the subject parcel. This slash treatment procedure will help prevent erosion as well as reduce the fire hazard. e. Monitoring All aspects of the "tree removal" will be monitored by a forester. The forester will work closely with the representative from the City of Springfield. The specific haul route, landing locations, buffer areas, leave trees, and skid trails will be flagged and walked with the harvesting crew. The monitor will need to spend time with the cutters to ensure they understand where the easement corridors or skid trails are located and how to fall to lead to those trails. The importance of protection of both conifer and hardwood leave trees will be emphasized. The forester will detennine when soil conditions are dry enough to begin operations and will halt operations if conditions become unacceptable. At the completion of construction operations the forester will walk all skid trails and roads and flag spots where water bars and other treatments are needed. All slash disposal and erosion control measures will be observed by the forester to ensure that they are completed correctiy. f. Scheduling Dry soil conditions are necessary for logging. A minimum of one week of dry weather will be necessary before logging can begin. The entire operation should be completed within the spring and summer of 2004. This job would be ideally scheduled starting May I, 2004 and ending by the end of October 2004. An early start would ensure completion prior to the fall and winter rains and prior to extreme fire danger conditions. If wet weather resumes after initiation of the harvesting operations, ground conditions will then dictate equipment use. The forester will determine when soil conditions are dry enough to begin operations and will halt operations if conditions become unacceptable. 13 . .' g. Fire Protection All fire fighting tools and equipment nonnal required by the Oregon State Dept. of Forestry will be available on site at all times during logging. Also prior to the beginning of operations the State Dept. of Forestry and the Springfield Fire Dept. will be notified. All required harvesting and equipment operations permits will be obtained from the State Dept. of Forestry prior to the commencing of operations. . Staff Response: Staff concurs, the submittal addresses the above standard. Staff Findings: 1. The project forester's plan for tree removal outlines procedures that address techniques to minimize collateral damage during tree removal, erosion control and fire protection. 2. The tree removal proposed requires notification of the operation to the Oregon Department of Forestry. Conclusion: Based upon the elements discussed above the felling is consistent with the guideline set forth in the Oregon Forest Practices Rules. The following condition is applied for implementation in the field: Condition #3. 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. (8) Whether transportation of equipment to and equipment and trees from the site can be accomplished without a major disturbance to nearby residents. Applicant Submittal: Wood material hauled from the subject parcel will be by way of the 58'h street entrance. This access route will cause the least amount of disturbance to the surrounding residents and will provide the safest route onto the public road system. Conclusion: Staff concurs with applicant's statement that use ofthe 58'h Street entrance for equipment and log hauling would create the least disturbance to nearby residents. Condition #4. Unless impractical due to the'construction of the Jasper Road extension and approved by the City, the 58'h Street route shall be used for transportation of equipment and trees involved in tree removal. . 14 . . DECISION: The applicant's proposed tree felling within Phase 4 of the MountainGate Master Planned development is approved. Conditions established in this decision found necessary to assure conformance with applicable criteria ofSDC Article 38 are incorporated into the subdivision approval for Phase 4 (SUB2003-00062). As stated in the subdivision approval, those conditions must be met prior to final Plat approval or issuance of a pennit for public improvements as stated in the individual condition. 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 by the close of business on March 12, 2004. Your appeal must be submitted atthe Planning Office 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 15 . . A TT ACHMENT "A" SPRINGFIELD FILE SUB2003-00062 LAND USE CONDITIONS OF APPROVAL MOUNTAIN GATE PHASE 4 DEVELOPMENT THIS ATTACHMENT TO TENTATIVE SUBDIVISION APPROVAL NUMBER SUB2003-0062, MOUNTAINGATE, INCLUDES ALL CONDITIONS REQUIRED FOR FINAL PLAT APPROVAL OF THE. PHASE. 4 PORTION OF THE DEVELOPMENT, AS INCORPORATED IN THE TEXT OF THE DECISION(S) AND REFERENCED FILE DOCUMENTS. CONCURRENT APPLICATIONS FOR HILLSIDE DEVELOPMENT (DRC2003-00066) AND TREE FELLING (DRC2003- 00065) HAVE BEEN APPROVED AND THE DECISIONS, FINDINGS AND CONDITIONS REQUIRED UNDER THOSE APPROVALS ARE ALSO INCORPORATED INTO THE PARENT SUBDIVISION DECISION AND LISTED HEREIN. ATTACHMENT "A" INCLUDES CONDITIONS ESTABLISHED TO MEET MASTERPLAN APPROVAL NO. 1995-02-00039, AS WELL AS APPLICABLE SPRINGFIELD DEVELOPMENT CODE CRITERIA. Master Plan Approval Conditions Condition I:. Prior to final public improvement plan or plat approval the applicant must submit the following easement.infoffilation: 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. 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 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: (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 face 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 construction plan. 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. 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. Condition 6 : Prior to Public Improvement Plan approval, the final storm water system designs shall be revised to'comply with stoni1 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 stonn 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 stornl 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 stornl water system sufficiently to comply with Section 32. 110(4) as detennined by the City Engineer.. (e) Prior to or concurrent with the development of lots within Phase IV located South of Lots I through 49 and the North Cluster the applicant shall provide detailed plans for the detention ponds proposed at the quarry park site. (I) Stornl 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. Condition 7: The Public Improvement Plan submitted for approval shall incorporate the standard drawings for development of hillside areas recommen~ed 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. 2 . .- 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. Condition 9: Prior to Plat approval of Phase 4; (a)' An agreement between the City and the applicant for the long term maintenance of stoml 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 storm water management. 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 Drive to the inlet and outlet facilities between the detention pond and the wetland mitigation area a(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. 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. 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 fOI emergency vehicle access. 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. 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. 3 . . 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. 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 detennined during design. The construction plans shall also indicate the location and design of any retaining walls deemed necessary for street construction. Condition 16: Public improvements plan shall show that all persistent flow conditions, except for the identified open water component of the stonn water Master Plan, have been directed into the piped stom1 system. 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. . 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 ofthe City Engineer. Saturation of the street sub-grade and building pads must be prevented. 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 58'h Street or an intersection approved by the City Engineer within three years. (b) TIle constructed width of Mountain Gate Drive may be reduced to 32 feet from 57'h Place to the MountainGate/Park Drive southern intersection pursuant to SDC 26.080(2). 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 Pl}ase 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. 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. 4 . . 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 ofthe access way between Lots 7 and 8 shall be established on the final subdivision phI. 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, 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. '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 Wi llama lane 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. 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. Condition 28: Prior'to construction, the urban forester shall analyze the streei design and proposed cutting plan for the rights of way of Phase 4 and detenlline 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. 5 . . 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 a!,'Teed upon by the City staff and the project forester. Subdivision Approval 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. 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. 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 Pemlit 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. Condition 34: Prior to construction of roads that would impact wetlands the.applicant shall obtain a joint DSL/USACOE penn it granting approvals for such imports. Condition 35: Prior to the filling of wetlands delineated within Lots 50 and 51 the applicant shall obtain a joint DSLlUSACOE permit to allow the fill to occur. Hillside Conditions of Approval DRC2003-00066 Condition 36: Erosion control measures required to minimize erosion and stabilize disturbed areas must be implemented by October 151h of any year that construction activities occur. Measures may include temporary means such as grass seed, straw bales and biobemls; the establishment of vegetation or other techniques for permanent stabilization, or a combination thereof. The means and timing for soil stabilization niethods shall be specified as a note on the public improvement plans and required LDAPs. .6 . . . 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 cin 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." 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. 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. 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. Tree Felling 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. 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. Prior to final plat approval the applicant must also submit a planting plan for the area intended for afforestation that must occupy at least 3 acres. The plan must also include areas along streets where no lots are proposed and provide details for planting street trees or other vegetation altem~tives. The plan must be approved by City staff and be implemented prior 7 >;:1 . . . to final Plat approval unless financial guaranty is provided to assure that the planting will be completed. Condition 43: .The project forester shall be onsile during tree removal as necessary to assure that the tree felling operation is consistent with Oregon Forest Practice Rules. Condition 44: Unless impractical due to the construction of the Jasper Road extension and approved by the City the 58'" Street route shall be used for transportation of equipment and trees involved in tree removal. 8 . . . INDEX. MASTER PLAN CONDITIONS OF APPROVAL Water and Easements for Utilities Geotechnical Requirements Sanitary Sewer Stonnwater Sewer Street and Access Design and Construction Requirements Park and Open Space . Tree Protection SUBDIVISION CONDITIONS OF APPROVAL Master Plan Mapping Private access and Utility Construction Vision Clearance Other Agency Pennits HILLSIDE CONDITIONS OF APPROVAL Erosion Control Development Plan Fire Protection TREE FELLING CONDITIONS OF APPROVAL Tree Removal/Revegetation 9 . . Condition]-2 Condition 3 Condition 4-5 Condition 5-10 Condition 10-13 Condition 14-19 Condition 20-26 Condition 27-29 Condition 30 Condition 31 Condition 32 Condition 33-35 Condition 36 Condition 37-38 Condition 39-40 Condition 41-44 . . OOO'\c;Jt:l "d NO III t'i NO < f-1. 0.. f-I. "en 0. OQ 0 Z t-h C ro :s: 1-1. rt)-l.. C1l ::rOQ ,.... ::r:<: Q..\JlO"n ... -.s 0 () rt " " O::r " ~ no. "'''''< ,.... " . '" '" C1l ...., " n ~ro()Q:j ...., C1l 0 00 " rt C1l " "' t-< t-< n -l !? o m < m r- (fJ~Q -u 5:-i ::D, m-< 2 20 G) -I ~ ~ (IJ''Tt mOlmcn r<.n:IJ""C _0 5' :5 :c o"'~Z ::D-I",c;) CD 0." --.j m- .. -urn --.j :t>..... --.j ::DO -I 5: m 2 -I ':\ CI_F SPRINGFIELD DEVELOP~ SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 TO: LeeLynn Inc. & Wiley Mt. Inc. Attn: Norman-& Melvin'McDougal PO Box 518 Creswell, OR 97426 CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 TO: M M'k E r. 1. e vans Land Planning Consultants 1071 Harlow Road Springfield, OR 97477 " :1' ~ ". CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 TO: The Favreau Group 2063 Musket Street Eugene, OR 97408 /3