KEIZER COMMUNITY DEVELOPMENT DEPARTMENT STAFF RECOMMENDATION Subdivision Case No

Transcription

1 KEIZER COMMUNITY DEVELOPMENT DEPARTMENT STAFF RECOMMENDATION Subdivision Case No TO: FROM: Cynthia Domas, Keizer Hearings Officer Sam Litke, Senior Planner SUBJECT: Subdivision Case No DATE: January 28, 2014 The Community Development staff reviewed the above referenced case and offers the following comments. I. GENERAL INFORMATION A. APPLICANT / OWNER: Jack Yarbrough B. AGENT: Keith Whisenhunt, Project Delivery Group C. PROPERTY LOCATION: The property is located at 5212 Newberg Drive NE and is identified on Marion County Tax Assessor Map as Township 6 South; Range 3 West; Section 34DD; Lot D. EXISTING PARCEL SIZE: The property proposed to be subdivided contains approximately 0.8 acres. E. EXISTING DEVELOPMENT AND PUBLIC FACILITIES: The property is undeveloped but once had a single family home on it which is no longer on the property. F. PLAN DESIGNATION AND ZONING: The subject property is designated as Low Density Residential on the Comprehensive Plan Map and is zoned RS (Residential Single Family). G. ADJACENT ZONING AND LAND USES: The predominate use of the surrounding properties to the south, west, and north are developed with single-family homes on lands zoned Residential Single Family. To the east is McNary High School on land that is designated Public (P). H. PROPOSAL: The subject property is proposed to be subdivided into a 4 lot subdivision. Applicant statement (Exhibit 1 ) and site plan (Exhibit 2 ) are attached. SUBDIVISION CASE NO Page 1 of 28

2 I. NOTICE: Public notice was mailed, published and posted consistent with notice requirements in KDC AGENCY COMMENTS: II. COMMENTS A. The Keizer Public Works Department submitted comments which contain development requirements regarding sanitary sewer, water system, street and drainage improvements and other general development requirements (Exhibit 3 ). B. The Salem Keizer School District commented on the projected student population of the proposed subdivision and calculated that it will result in 3 new students which will result in a 1 student enrollment over capacity (Exhibit 4 ). C. The Marion County Surveyor s Office commented that the subdivision must be surveyed and the plat must be submitted for review with appropriate fees for compliance with State surveying requirements (Exhibit 5 ). D. PGE provided comments related to utility easement locations and service costs (Exhibit 6 ). E. The Keizer Police Department and City of Salem Community Development Department each commented that they had reviewed the proposal and had no comments. CITIZEN COMMENTS: A letter requesting comments was sent to the surrounding property owners within 250 feet of the subject property. A letter was received from Coral Doeden, rd Ave NW, Salem OR 97304, that the property had been her parent s estate (Exhibit 7 ). Staff response: No response. III. FINDINGS A. THE REVIEW CRITERIA FOR A SUBDIVISION ARE LISTED IN SECTION OF THE KEIZER DEVELOPMENT CODE (KDC). SECTION A THE PROPOSAL SHALL COMPLY WITH THE APPLICABLE DEVELOPMENT STANDARDS IN SECTION AND SECTION 2.3 AS APPROPRIATE, INCLUDING PROVISIONS FOR STREETS AND UTILITIES. Section KDC contains development standards for manufactured home parks and is therefore not applicable in this situation. Section 2.3 KDC contains the standards which guide all SUBDIVISION CASE NO Page 2 of 28

3 development approvals within the City of Keizer. Listed below are the development standards contained in Section 2.3 that are pertinent to this subdivision review. 1. SECTION APPLICATION OF PUBLIC FACILITY STANDARDS FINDINGS: In order to promote and maintain healthy, safe environments and to minimize development impacts upon surrounding properties and neighborhoods the public facilities improvement requirements specified in the table found in Section are found to be the minimum necessary. The applicant will be required to provide the following public facilities: water hook-up, sewer hook-up, storm drainage to each of the lots within the proposed subdivision. With these items placed as conditions of approval this request can meet this criterion. 2. SECTION STREET STANDARDS GENERAL PROVISIONS a. Section A - General Requirement. The location, width, and grade of streets shall be considered in their relation to existing and planned streets, topographical conditions, public convenience and safety, and the proposed use of the land to be served by the streets. FINDINGS: The intent of this provision is to require that the layout of new streets in subdivisions take into consideration their relationship to other streets and other factors such as topography so as to develop a safe and efficient street system. The property proposed to be subdivided is flat with virtually no change in elevation. The applicant proposes to develop the site with 4 lots that will each be developed with a single family dwelling. The subject property has frontage along the east side of Newberg Drive. The applicant proposes that the existing street (Newberg Drive) will serve the lots within the proposed subdivision and no new street will be constructed. Newberg Drive is at a level grade with no curves along the frontage of the property that might otherwise constrain it use from providing access to the site. The Public Works Department commented that prior to submitting construction plans for the proposed subdivision a pre-design meeting with the developer s engineer and the Department of Public Works is required. With this placed as a condition of approval, this proposal can satisfy this criterion. b. Section B - Continuation of Street. Development proposals shall provide for the continuation of, and connection to, existing streets where necessary to promote appropriate traffic circulation in the vicinity of the development. Where necessary to give access or permit a satisfactory future division of lane, streets and utilities shall be extended to property boundaries to allow the future extension of streets and infrastructure. A temporary turnaround shall be constructed for stub streets in excess of 150 feet in length. Exemptions from these street extensions can be found in Section B.1 5. FINDINGS: The intent of this provision is for new development to incorporate the continuation of a street as a means to avoid creating new subdivisions which do not provide for any connectivity. The proposed lots within the subdivision will be served by an existing street and proposed access easement. No street will be constructed as part of this proposal, therefore this section is not applicable. SUBDIVISION CASE NO Page 3 of 28

4 c. Section C - Alignment. All streets other than minor streets or cul-de-sacs, as far as practical, shall be in alignment with existing streets by continuation of the existing centerlines. The staggering of street alignments resulting in "T" intersections shall, wherever practical, leave a minimum distance of 200 feet between the center lines of streets having approximately the same direction and otherwise shall not be less than 100 feet. FINDINGS: The purpose of this provision is to require that new streets in subdivisions meet the city s alignment and spacing standards so as to ensure safe vehicle travel. The proposed lots within the subdivision will be served by an existing street and access easement. No new street will be constructed as part of this proposal, as such this section is not applicable. d. Section D Future extension of streets. When it appears possible to continue a street, bicycle path and/or pedestrian accessway into a future subdivision, adjacent acreage or area attractors such as schools and shopping centers, streets, bicycle paths and/or pedestrian accessway facilities shall be platted and built to a boundary of the subdivision. The street may be platted without a turnaround unless the Public Works Department finds a turnaround is necessary for reasons of traffic safety. Any street extension exceeding 150 feet in length shall be provided with an approved turnaround as set forth in Section Dead Ends of the Uniform Fire Code, 1994 edition. FINDINGS: The intent of this provision is to require new developments to allow for streets and other connections to continue onto adjacent properties so that those parcels may connect into this street system in a logical and efficient manner avoiding non-connected types of developments. While there is a school located to the east with the proposed lots within the subdivision being served by the existing street and no new street or pedestrian accessway constructed as part of this proposal this section is not applicable. In addition the School District has commented that they do not want any additional access at this location onto school property. e. Section E - Intersection angles. Streets shall be laid out to intersect at angles as near to right angles as practical, except where topography requires lesser angles. Intersections of less than 60 degrees shall require special intersection designs. Streets shall have at least 50 feet of tangent adjacent to intersections unless topography requires lesser distances. Intersections that are not at right angles shall have minimum corner radii of 15 feet. Major arterial intersections shall have curb radii of not less than 35 feet. Other street intersections shall have curb radii of not less than 20 feet. FINDINGS: The purpose of this provision is to require that new intersections are constructed consistent with city standards. The proposed lots within the subdivision will be served by an existing street and no new street will be constructed, as such this section is not applicable. f. Section F - Existing Streets. Whenever existing public streets adjacent to or within a tract are of a width less than the street design standards, additional right-of-way shall be provided at the time of subdivision, partitioning, or development. FINDINGS: The intent of this provision is to require that the developers of new residential subdivisions be responsible for making needed improvements to the existing street system that are either within or adjacent to a proposed subdivision in order to avoid having streets that are SUBDIVISION CASE NO Page 4 of 28

5 inadequate to handle the increased traffic from the new subdivision. The subject property has frontage along the east side of Newberg Drive. This street is classified in the city s Transportation System Plan as a local street. It has an approximate 24 foot wide paved street within a 60 foot wide right of way. Public Works has commented that no additional right of way will be required along the frontage of the property so this section is not applicable. g. Section G - Half-streets may be approved where essential to the reasonable development of an area and when the City finds it to be practical to require the dedication of the other half when the adjoining property is developed. When a ¾ width street can reasonably be developed, as determined the Department of Public Works, a half street will be constructed with an additional 10 feet of pavement on the opposite side of the street from full improvement. FINDINGS: No half streets are proposed. Therefore, this section is not applicable. h. Section H - Cul-de-sacs. The maximum length shall be 800 feet. FINDINGS: No cul-de-sac streets are proposed. Therefore, this section is not applicable. i. Section I - Street names and numbers shall conform to the established standards and procedures in the City. FINDINGS: The purpose of this provision is to ensure that new streets are named in accordance with City procedures to avoid duplicate or confusing street names. No new street is proposed and the existing street numbering system will be used to address the lots, so this section is not applicable. j. Section J - Grades shall not exceed 7 percent on arterials, 10 percent on collector streets or 15 percent on any other street. Street grades of 15 percent shall not exceed 200 feet in length. To provide for adequate drainage, all streets shall have a minimum slope of 0.5 percent. On arterials there shall be a tangent of not less than 100 feet between reversed curves. FINDINGS: The purpose of this provision is to ensure that new streets are constructed consistent with the city s established street grade standards and avoid having new streets that may be too steep and potentially endanger public safety. The subject property is flat with only an approximate 3 foot change in elevation across the east-west length of the property. The existing Newberg Drive is virtually flat in the area of the proposed subdivision and has no grades or slopes that will constrain or impact the development of the property. Nor will the development of the property affect the grade of the existing streets. The storm drainage system makes use of a combination of on-street and off-street drainage. A preliminary grading and drainage plan was submitted and a final plan will be required as a condition of approval to ensure that adequate drainage is provided, as well as construction permits for the widening and improvements to the existing streets. Staff finds, with these conditions of approval, this proposal can satisfy this criterion. SUBDIVISION CASE NO Page 5 of 28

6 k. Section K - Frontage Streets. If a development abuts or contains an existing or proposed arterial or collector street, the City may allow frontage streets, or may require reverse frontage lots with suitable depth, screen planting contained in a non-access reservation along the rear or side property line, or such other treatment as may be necessary for adequate protection of residential properties, to afford separation of through and local traffic, and to preserve the capacity and safety of the collector or arterial street. FINDINGS: The purpose of this provision is to minimize impacts that a new development may have on arterials and collector streets. Newberg Drive is classified in the city s Transportation System Plan (TSP) as a local street so this section is not applicable. l. Section L - Alleys shall be provided in commercial and industrial zones unless other permanent provisions for access to off-street parking and loading facilities are provided. The corners of alley intersections shall have radii of not less than 10 feet. FINDINGS: No alleys are proposed therefore, this provision is not applicable. m. Section M. - Street Landscaping. Where required as part of the right-of-way design, planting strips shall conform with the following standards: 1. Street trees shall be planted at a ratio of no less than one tree per 30 feet of property frontage. Street trees shall conform with the list of acceptable trees included in the City s Street Tree Ordinance. Installation of street trees shall be included in any improvement agreement covering the installation of public facilities and services on a property. 2. Planting strips shall be planted and maintained in predominantly living groundcover materials with hard surfaces consisting of bricks, pavers, rocks, decorative concrete work, etc., only being included as part of an overall landscape design where living plant material is predominant. In no case shall asphalt be used within the planting strip. FINDINGS: The purpose of this provision is to outline the standards relating to providing street landscaping. The applicant shall provide trees along the frontage of the lots along Newberg Drive consistent with the spacing requirements within Section Information regarding the care and maintenance of the street trees must be included in the CC&R s, Homeowners Association Agreement or other similar type of agreement approved by the Community Development Department. With these placed as conditions of approval, the application can comply with this provision. n. Section N - For streets serving infill development as defined under Section , the Infill Street and Access Easement Standards of Section may be applied. FINDINGS: The property to be subdivided is less than 2 acres and so meets the definition as qualifying for infill development. Since the applicant will be constructing an access easement that will provide access to the two rear lots these provisions are applicable. The applicant is proposing that the two side by side flag lots will be constructed with cross access easement that will result in SUBDIVISION CASE NO Page 6 of 28

7 the access having a paved 20 foot wide driveway within a 25 foot wide easement area. This will exceed the standards for a Type I access easement and so will comply with this section. 3. SECTION GENERAL RIGHT OF-WAY AND IMPROVEMENT WIDTHS The standards outlined in this section shall be the minimum requirements for all streets, except where a variance is requested as permitted under Subsection FINDINGS: The applicant does not request any modification to the right-of-way or improvement width for public streets. Also, no new street will be constructed. This proposal meets this criterion. 4. SECTION CONSTRUCTION SPECIFICATIONS a. Construction specifications for all public streets shall comply with the standards of the most recently adopted public works street standards of the City of Keizer. FINDINGS: The intent of this provision is ensure that new residential subdivisions design and construct new streets that are needed to serve the lots within the subdivision to meet all City standards for street construction. The lots within the proposed subdivision will be served by the existing street along the frontage of the property. Public Works has commented that the applicant will be required to make street improvements along the frontage of the property with Newberg Drive. As such, the applicant will need to make improvements which will require that street improvement construction drawings are submitted to the Public Works Department for their review. With this placed as a condition of approval will ensure that this provision is met. b. Section Private Access Easemements. A. Width; B. Maintenance; C. Turnaround; D. Parking: FINDINGS: The applicant is proposing that the two back lots be served by a private access easement. The site plan indicates that a 20 foot wide paved driveable surface will be constructed within a 25 foot wide access easement. This will exceed the requirements for a Type I access easement serving 2 dwellings as specified in Section Public Works has commented the cross access easement will also need to include a hammerhead turn-around consistent with city standards. The construction of the access easement will also require that one additional parking space per lot is provided. This will mean that the two rear lots will need to provide 3 parking spaces on each of these lots. With the requirement that the accessway be constructed at a minimum to city standards with regard to width, and that a copy of a maintenance agreement is provided to the city, and that the turn-around comply with city specifications, and that 3 parking spaces be provided. Also the access strip will be required to be signed no parking consistent with Fire District standards will ensure compliance with the section. 5. SECTION OFF-STREET PARKING AND LOADING SUBDIVISION CASE NO Page 7 of 28

8 For single family residences, 2 parking spaces per dwelling unit shall be provided on-site. FINDINGS: The intent of this provision is to ensure that each new development meets the city s established minimum off-street parking requirements as listed within Section of the Keizer Development Code, and thereby avoid creating a parking problem resulting from less than the determined minimum level of off-street parking spaces being provided. This has been determined by the City to be the minimum needed to meet both the needs of the residences within the new dwellings as well as serving the needs of visitors to the new residences. The property is zoned Residential Single Family (RS) and is proposed to be developed with a subdivision where each lot would then be available for development with a single family dwelling. Each of the two front lots that is developed with a single family dwelling shall provide two on-site parking spaces as is required in the Development Code. Section specifies that an additional parking space shall be provided for lots that are served by an access easement. Since two of the lots will be flag lots this will require that 3 parking spaces are provided on each of the two flag lots. With this placed as a condition of approval will assure that this proposal meets this criterion. 6. Transit Facilities This section outlines the types of impacts that may warrant transit facilities FINDINGS: The intent of this section is to specify the types of facilities that may be need for encourage transit ridership. The 4 lot subdivision will not generate enough transit ridership to warrant any transit facilities and so therefore this section is not applicable. 7. SECTION STORM DRAINAGE No construction of any facilities in a development included in Subsection shall be permitted until a storm drainage and erosion control plan for the project is prepared by a professional engineer, and approved by the City. These provisions shall also apply to any cut or fill on a property, which may impact the velocity, volume, or quality of surface water on adjacent property, or may impact any permanent natural body of water. FINDINGS: The applicant has submitted a preliminary site grading and drainage plan that indicates that there is a slight slope of approximately 3 feet across the property and the slope is generally to the east. The plan does not indicate the amount of impervious area that will be on each lot. The applicant has indicated they will comply with City storm drainage requirements. To provide for drainage of surface water from residential development, minimize erosion, reduce degradation of water quality due to sediments and pollutants in storm water run off, and reduce downstream flooding, a storm drainage and erosion. The developers engineer shall submit an overall storm drainage plan that will provide service to this development consistent with the City Master Storm Drain Plan for this area of Keizer. To decrease the quantity of storm drainage runoff from the proposed development, each new lot will be required to provide for an individual subsurface disposal system for all new roof drains. The developer's engineer shall conduct on-site percolation tests (the number of tests to be determined by the City of Keizer) to determine the suitability of the proposed disposal system. SUBDIVISION CASE NO Page 8 of 28

9 Storm Water calculations shall be submitted to the City of Keizer Department of Public Works indicating how the development complies with the Public Works Design Standards for the basin. Storm water detention for the proposed development shall be required. All storm water runoff from the proposed streets are to be connected to an approved system designed to provide adequate drainage meeting the City of Keizer Storm Water Design Standards. Storm water quality improvements will be required. A grading and drainage plan shall be developed for the subject property. Details shall include adequate conveyance of storm water from adjacent property across the subject property. This plan shall be submitted and approved by the Department of Public Works prior to the issuance of any permits for street or storm drainage for the subject property. Grading and drainage plans shall be in conformance with the City of Keizer Public Works Standards. Additional information regarding street grades, site grading, inverts, etc, will be required for review prior to any plan approval. A construction site erosion control permit will be required at time of development of lots. With these requirements placed as conditions of approval, this application complies with this provision. 8. SECTION UTILITY LINES AND FACILITIES FINDINGS: To provide adequate services and facilities appropriate for residential development, the applicant shall meet the standards set forth in Section of the Keizer Development Code relating to water, sanitary sewer, private utilities, street lights and easements. This is a development requirement and compliance will be ensured during review of the construction and engineering drawings. a. Section A - The location, design, installation and maintenance of all utility lines and facilities shall be carried with minimum feasible disturbance of soils and site. FINDINGS: The intent of this provision is to require that the design and installation of all utility lines does not disturb any more of the soil and site than is necessary and to avoid creating large scale disturbances which might impact adjacent properties through run-off and erosion of the site. The proposal to subdivide the site will require utility lines to serve the new lots. A preliminary subdivision utility plan has been submitted with the application proposal. However, as a condition of approval, a detailed engineer s plan will be required to be submitted for review and approval. As part of the grading plan, an erosion control permit will be required to be obtained from the city of Keizer Public Works Department detailing the erosion control measures that will be required to ensure that the construction and installation of these facilities will not result in more than the minimum amount of disturbance of soils on the site. With this placed as a condition of approval, this proposal can satisfy this criterion. b. Section (B) - All development that has a need for water service shall install water facilities and grant necessary easements pursuant to the requirements of the City. FINDINGS: The intent of this provision is to ensure that water lines are installed to city specifications and, if a water line is located outside of public right-of-ways that they are located within an easement to avoid conflicts. The applicant s statement and preliminary subdivision utility SUBDIVISION CASE NO Page 9 of 28

10 plan indicate that each of the proposed lots will be served by public water. Specifically, the site plan indicates that the proposed new homes will connect to the existing 8 inch water line located in the east side of Newberg Drive. There is sufficient capacity to serve the proposed lots. The Keizer Development Code requires that water service installed outside of the right-of-way shall be placed within an easement, and that the easement is shown on the final plat. Keizer Public Works Department commented that the developer shall prepare an overall water system plan showing the required changes to the existing system to bring the water mains, fire hydrants and individual services into compliance with the City of Keizer Design and Construction Standards. This plan must be prepared prior to submission of the subdivision plat. Appropriate easements for all public water mains and fire hydrants will be required if construction will be outside of a public right-of-way. Any system development charges for water system improvements will be those in place at the time of individual service connections. It should be noted that there may be an old private well located on the site which may or may not have been abandoned according to state regulations. If it is shown that an old well was located on the property then the city will require verification that the well has been capped and abandoned consistent with all State of Oregon Water Resources Department requirements. With these requirements placed as conditions of approval, this request can meet this criterion. c. Section (C) - Private Utilities, All development that has a need for electricity, gas and communications services shall install them pursuant to the requirements of the district or company serving the development. Except where otherwise prohibited by the utility district or company, all such facilities shall be underground. FINDINGS: The purpose of this provision is to place private utilities which provide service to the new homes underground and avoid above or at grade placement of utilities. The applicant s written statement does not indicate if all utilities will be placed underground. Unless otherwise prohibited this is a development requirement. The Department of Public Works commented that to minimize utility line conflicts, a master utility plan including all proposed power, telephone, gas and cable lines shall be submitted for review prior to issuance of construction permits for the proposed project. PGE provided written testimony that development cost per current tariff and service requirements and that a 10 foot wide public utility easement on all lots along a street will be required. With this placed as a condition of approval this request can satisfy this criterion. d. Section (D) - Sanitary Sewers, All development that has a need for public/private sanitary sewers shall install the facilities pursuant to the requirements of the city. Installation of such facilities shall be coordinated with the extension of necessary water services and storm drainage facilities. FINDINGS: The intent of this provision is to require that all of the lots in a new subdivision connect to a sanitary sewer system thereby eliminating the need for the installation of any on-site private septic systems which require additional land and increase the potential for ground water contamination. The applicant s statement and preliminary subdivision utility plan indicate that each of the proposed lots will be connected to the sanitary sewer system with each dwelling consistent with all applicable requirements. The subdivision site plan indicates that the proposed lots will connect into the existing sanitary sewer line that is located in Newberg Drive. This is an 8 inch line with sufficient capacity to accommodate the proposed development. The Public Works Department SUBDIVISION CASE NO Page 10 of 28

11 submitted comments addressing this criterion. The subject property is located within the original Keizer Sewer District. Therefore, a sanitary sewer trunk line acreage fee will not be required. City of Salem approval for local sewer permits will need to be issued prior to construction. Prior to submitting plans to the City of Salem for approval, the developer s engineer shall submit plans to the City of Keizer for review and determination of compliance with the City s Master Sewer Plan for the area. Connecting to existing sewers that serve the general area will be the responsibility of the developer of the property. Appropriate easements for any public sewer mains located within the subject property if located outside platted right of ways will need to be recorded which meets the City of Salem Design Standards and shown on the subdivision plat. It will be the responsibility of the developer s engineer to locate any existing wells (including on adjacent property) in the vicinity of the proposed new sanitary sewer lines for the subject property. The developer, prior to platting the proposed subdivision, shall remove any conflicts between existing wells and proposed sanitary sewers. The developer s engineer shall submit an overall storm drainage plan that will provide service to this development consistent with the City Master Storm Drain Plan for this area of Keizer. To decrease the quantity of storm drainage runoff from the proposed development, each new lot will be required to provide for an individual subsurface disposal system for all new roof drains. The developer's engineer shall conduct on-site percolation tests (the number of tests to be determined by the City of Keizer) to determine the suitability of the proposed disposal system. Storm Water calculations shall be submitted to the City of Keizer Department of Public Works indicating how the development complies with the Public Works Design Standards for the basin. Storm water detention for the proposed development shall be required. All storm water runoff from the proposed streets are to be connected to an approved system designed to provide adequate drainage meeting the City of Keizer Storm Water Design Standards. Storm water quality improvements will be required. A grading and drainage plan shall be developed for the subject property. Details shall include adequate conveyance of storm water from adjacent property across the subject property. This plan shall be submitted and approved by the Department of Public Works prior to the issuance of any permits for street or storm drainage for the subject property. Grading and drainage plans shall be in conformance with the City of Keizer Public Works Standards. Additional information regarding street grades, site grading, inverts, etc, will be required for review prior to any plan approval. With these placed as conditions of approval, the application will comply with this provision. e. Section (E) Street Lights. When required, installation of street lights shall be pursuant to the requirements of the city and the company serving the development. FINDINGS: The intent of this provision to require that new developments provide for adequate night-time illumination along public streets to avoid dark streets which could potentially become a personal safety issue to pedestrians, motorists, and homeowners. A street lighting plan is not included as part of the proposed subdivision plan. There is an incomplete street lighting system currently along Newberg Drive in the area of the subject property. As the street light coverage is incomplete a street light will be required to provide adequate coverage. A logical site for a new street light appears to be on the existing power pole across the street from the property. If this can be done it would greatly reduce the cost associated with the installation of such a light. This will SUBDIVISION CASE NO Page 11 of 28

12 require that a street lighting district will be required to be formed with the new property owners of lots within the subdivision assessed for the costs of providing this service. Therefore, with this section placed as a condition of approval the proposal will meet this criterion. f. Section (B)(7f) The City may require significant trees that are removed (including trees that are removed within the year prior to the application) be replaced at the rate of up to two new trees for each significant tree removed. FINDING: The intent of this provision is to encourage the planting of new trees to replace trees that are cut down as part of the development of a subdivision. In particular, this provision aims to replace trees that are identified as being significant trees, which are trees that are either 50 feet in height or trees that are 12 inches in diameter. The Tree Removal Plan indicates that there are 17 trees on the site but a site visit indicated that there are approximately 24 trees on it. These include predominately fir trees, but also several sweetgum and hawthorn trees. The applicant proposes that 5 trees will need to be removed as part of the development of the property. Section C(a) KDC states: The City recognizes that factors such as disease, safety concerns, and site development requirements may require removal of significant trees. Depending on these factors, the removal of significant trees may be appropriate and approved as part of the landscaping plan. Development of the property shall be in conformance with an approved landscaping site plan that is a condition of a land use approval or a building permit. The City may require that significant trees that are removed (including trees removed within the two years prior to the application) be replaced at the rate of up to two new trees for each significant tree removed or less if a tree specimen which will result in an increased tree size is planted. The Tree Removal Plan represents a balanced approach towards respecting the needs of both the applicant and the surrounding existing properties. With it placed as a condition that the applicant plant 10 replacement trees will assure compliance with this section. 9. SECTION DEVELOPMENT STANDARDS FOR LAND DIVISIONS a. Section A - Minimum lot area. Minimum lot area shall conform to the requirements of the zoning district in which the parcels are located. FINDINGS: The purpose of this requirement is to allow for the development of the property in a manner consistent with that of the underlying zone district. The subject property is zoned Residential Single Family (RS) which is same as nearby properties to the south, west, and north. To the east is the McNary High School on land that is zoned Public. Within the RS zone, the minimum lot size for detached single-family dwellings is 5,000 square feet. The applicant s site plan indicates that the lots within the proposed subdivision range in size from 7,280 square feet to 8,666 square feet. The lots have an average lot size of 7,968 square feet. The applicant has indicated that the lots will be developed with detached single family homes. No duplexes are proposed. While the proposed lots may be smaller than nearby lots, all of the proposed lots conform to the minimum lot size requirement of the RS zone district. Staff finds this proposal satisfies this criterion. SUBDIVISION CASE NO Page 12 of 28

13 b. Section C - Lot width and depth. The depth of a lot or parcel shall not be more than 3 times the width of the parcel. FINDINGS: The purpose for establishing lot width-to-depth ratios is to provide for the orderly, safe, efficient and livable development of land. The lot width-to-depth ratio also prevents lots from being created that would be practically unbuildable. With the exception of the pole portion of the 2 flag lots the lots are rectangular lots that have an approximate 2:1 depth to width. There are no triangular or other shaped lots within the proposed subdivision. All lots within the proposed subdivision meet this criterion. c. Section D - Access. All lots and parcels shall provide a minimum frontage, on an existing or proposed public street, equal to the minimum lot width required by the underlying zone. Cul-de-sac lots shall have a minimum frontage of 25 feet and Flag lots shall have an access strip of no less than twenty (20) feet. The following exceptions shall apply: residential lots or parcels may be accessed via a private street or access easement developed in accordance with the provisions of Section when the City finds that a public street is not necessary to provide for the future development of adjoining property. FINDINGS: The intent of this provision is to ensure that all lots have a minimum frontage along a street so that an access to serve the lot that will meet city standards can be provided and that the lot can be developed and meet all setback requirements. The two front lots are shown with frontages of 66 feet which exceeds the minimum 40 foot frontage requirement for lots. Two flag lots are proposed which will be served by a common access easement that is proposed to be 25 feet wide which exceeds the 20 foot provision. No cul-de-sac streets or private streets are proposed. Therefore, this proposal satisfies this criterion. d. Section E -Flag Lots. Flag lots shall only be permitted if it is the only reasonable method by which the rear portion of a lot being unusually deep or having an unusual configuration may be accessed and when in compliance with Section B. If a flag-lot is permitted, the following standards shall be met: 1. The access strip shall not be less than 20 feet wide. The access strip shall be improved with a minimum 12 foot wide paved driveway and paved encroachment which meet applicable City standards. 2. The access strip shall not be included in the calculation of lot area for purposes of determining compliance with any minimum lot size provision of this Ordinance. FINDINGS: The intent is this provision is to require that when a flag lot is created that it have an access strip that will allow for safe and reasonable use. The applicant proposes that the two rear lots will each be a flag lot. Given the size of the property it is not feasible or desirable to build a cul-de-sac to serve the two rear lots. The flag lots are proposed as an alternative to an access easement across the front lots to serve the rear lots. While the pole portion of each flag lot is shown 12.5 feet wide the applicant is proposing that the side-by-side flag lots would have a reciprocal cross access easement which would result in the construction of a 20 foot wide paved driveway within a 25 foot wide access strip. Typically, flag lots are stand-alone lots so this width requirement is critical for ingress and egress. In this particular instance the two side-by-side flag lots will have a pole portion that is less than this standard, however the overall result is that access strip will exceed SUBDIVISION CASE NO Page 13 of 28

14 the city s requirements and the paved driveway will exceed city minimum requirements. For this consideration it is determined that the proposal satisfies this section. e. Section F - Through Lots. Through lots shall be avoided except where essential to provide separation of residential development from major traffic arteries, adjacent non-residential activities, or to overcome specific disadvantages of topography and orientation. Through lots shall be no less than 100 feet in depth. Screening or buffering, pursuant to the provision of Section 2.307, may be required by the City during the review of the land division request. FINDINGS: No through lots are proposed so this section is not applicable. f. Section G - Lot Lines. The side lines of lots, as far as practicable, shall run at right angles to the right-of-way line of the street upon which the lots face. The rear lot line shall be no less than 1/2 the dimension of the front lot line. FINDINGS: The intent of this provision is to avoid the creation of odd-shaped lots which may meet minimum lot size but owing to its shape may result in a lot that is too difficult to build on without a variance to requirements within the code. The intent is to avoid these types of lots in favor of the creation of lots that can be readily developed. The subject property is a rectangular shaped parcel which will result in the creation of 4 regular shaped lots. The proposed lot lines run, as far as practicable, at right angles to the street right-of-way lines. The rear lot lines are all not less than one-half the dimension of the front lot lines, in fact most of the lots have the same rear property line width as the front property line. The application complies with this criterion. g. Section H - Utility Easements. Utility easements shall be provided on lot areas where necessary to accommodate public utilities. Such easements shall have a minimum total width as specified in Section of this Code. FINDINGS: The intent of this provision is to ensure that utility easements are provided and avoid the situation where they may be needed but since no easements were provided as part of the platting of the subdivision it creates problems after the platting of the subdivision. There will be underground utility lines located along the frontage of each of the lots. This will require that a 10 foot wide public utility easement along the front of each lot and that it is shown on the final plat consistent with the comments from PGE. This is a development requirement and shall be placed as a condition of approval of this subdivision application. 10. SECTION ADDITIONAL DESIGN STANDARDS FOR SUBDIVISIONS a. Section A - Standards for Blocks: 1. General: The length, width, and shape of blocks shall be designed with regard to providing adequate building sites for the use contemplated; consideration of needs for convenient access, circulation, control, and safety of street traffic; and recognition of limitations and opportunities of topography. SUBDIVISION CASE NO Page 14 of 28

15 2. Sizes: Blocks should not exceed 600 feet in length between street lines, except blocks adjacent to arterial streets, or unless the previous adjacent development pattern or topographical conditions justify a variation. The recommended minimum distance between intersections on arterial streets is 1,800 feet. FINDINGS: The subdivision will not result in the creation of any blocks within the proposed subdivision. Therefore, this section is not applicable. b. Section B - Traffic Circulation. The proposed subdivision shall be laid out to provide safe and convenient vehicle, bicycle and pedestrian access to nearby residential areas, transit stops, neighborhood activity centers such as schools and parks, commercial areas, and industrial areas; and to provide safe and convenient traffic circulation. At a minimum, "nearby" is interpreted to mean uses within ¼ mile which can be reasonably expected to be used by pedestrians, and uses within 1 mile of the subdivision boundary which can reasonably be expected to be accessed by bicyclists. FINDINGS: The intent of this provision is to allow for safe vehicle, pedestrian, and bicycle access from the lots within the subdivision to other nearby facilities. There is no sidewalk along the frontage of the property with Newberg Drive. As a condition of approval the applicant will be required to provide a 5 foot wide sidewalk along the frontage of the property with Newberg Drive, although the option is that this can be delayed until a Local Improvement District is formed that will allow for additional off-site connecting facilities. While the McNary High School is located immediately to the east of the subject property given that there will not be any public street constructed as part of this development it is not feasible to require any additional pedestrian pathways. This takes into consideration the fact that approximately 200 feet to the north of the subject property there is an existing pedestrian / bicycle accessway at the east end of MacArthur Court which provides access onto the school property. Nearby commercial areas along River Road to the east are slightly more than ¼ mile away and can be accessed via the sidewalk system along Chemawa Road (both existing and pending completion) to the south. The city s Transportation System Plan does not identify any bike or pedestrian improvements along Newberg Drive. Therefore, other than the improvements required along the frontage of the property as addressed further below, any additional bicycle / pedestrian facility is determined to not be warranted and so this provision is met. 11. SECTION IMPROVEMENT REQUIREMENTS a. Section A - Frontage Improvements. Street improvements to full City Standards shall be required for all public streets on which a proposed subdivision fronts in accordance with Section of this Code. Such improvements shall be designed to match with existing improved surfaces for a reasonable distance beyond the frontage of the property. Additional frontage improvements shall include: sidewalks, curbing, storm sewer, sanitary sewer, water lines, other public utilities as necessary, and such other improvements as the City shall determine to be reasonably necessary to serve the development or the immediate neighborhood. SUBDIVISION CASE NO Page 15 of 28

16 FINDINGS: The intent of this provision is to ensure that lots within the proposed subdivision include street improvements in accordance with city standards so as to avoid having substandard streets which could become a safety hazard. Newberg Drive, along the frontage of the applicant s property, has a 24 foot wide paved street within a 60 foot wide right of way. There is no curb and no sidewalk along the frontage of the subject property. There is sufficient right of way along the frontage of the property so no additional right of way dedication along the frontage of the property will be required. Public Works has commented that no dedication of any additional right of way will be needed, but per Development Code Section A Improvement Requirements Subdivisions - The following improvements shall be required for all subdivisions in the City of Keizer: Frontage Improvements. Street improvements to full City Standards shall be required for all public streets on which a proposed subdivision fronts in accordance with Section of this Code. Such improvements shall be designed to match with existing improved surfaces for a reasonable distance beyond the frontage of the property. Additional frontage improvements shall include: sidewalks, curbing, storm sewer, sanitary sewer, water lines, other public utilities as necessary, and such other improvements as the City shall determine to be reasonably necessary to serve the development or the immediate neighborhood. The improvement will consist of adequate base rock, a. c. pavement, curbing and a 5 foot sidewalk. The applicant has indicated that this improvement will only provide minimal value to the nearby residents and that other means to allow the improvement, such as non-remonstrance agreement or city financed capital improvement project should be used to fund the improvements. However, in recognition of the fact that there is no sidewalk along almost the entire length of Newberg Drive and the street has inadequate pavement width and lacks of curbing the Public Works Director and Community Development Director have both proposed that the applicant be given the option of either constructing the required frontage improvement or delaying these improvements until a Local Improvement District is formed that would allow for a more coherent improvements rather than an island of improvement in an otherwise unimproved street. At this time there are no plans for any city initiated public improvements for this street. Section B. allows the Phasing or delay of improvements may be authorized as allowed by this section. When it is determined by the City that the strict application of the requirements outlined in the table below is impractical or not feasible then consideration may be given for delaying or phasing the required public facilities improvements. Phasing may be considered when: 1. lack of connecting facilities exists; 2. any plans that the city may have for future public facilities improvements that may justify phasing or delaying so that the project may be incorporated into the city s improvement plans; 3. other engineering factors that may justify that the improvements should be delayed exist. If a delay or phasing is allowed it is not to be considered as a modification of the required improvements or that the improvements are to be eliminated. The property owner shall sign an appropriate agreement with the city in a recordable form that shall obligate the property owner to construct the improvements at the specified time within the agreement. Phasing is authorized only SUBDIVISION CASE NO Page 16 of 28

17 if specifically allowed for in the land use decision or the building permit. With this placed as a condition of approval will ensure compliance with this section. b. Section B - Walkways for Private Streets. Sidewalks shall be required in accordance with applicable provisions in Sections and only if sidewalks currently exist along the connecting street. FINDINGS: There will be no private streets that will be constructed as part of the proposed subdivision, so this section is not applicable. c. Section C - Project Streets. All public or private streets within the subdivision shall be constructed as required by the provisions of Section FINDINGS: The intent of this provision is to ensure that lots within the proposed subdivision include street improvements in accordance with city standards so as to avoid having substandard streets. There will be no public or private streets that will be constructed as part of the proposed subdivision. However, the applicant will be required to provide frontage improvements along the frontage of the property with Newberg Drive and these will be required to be constructed by the applicant consistent with Section KDC. With this placed as a condition of approval will ensure compliance with this section. d. Section D - Monuments. Upon completion of street improvements, centerline monuments shall be established and protected in monument boxes at every street intersection and all points of curvature and points of tangency of street center lines. FINDINGS: The applicant will not be responsible for placing appropriate monuments at the street intersections, so this section is not applicable. e. Section E - Bench Marks. Elevation bench marks shall be set at intervals established by the City Engineer. The bench marks shall consist of a brass cap set in a curb or other immovable structure. FINDINGS: The applicant will not be responsible for placing appropriate bench marks at the street intersections, so this section is not applicable. f. Section F - Surface Drainage and Storm Sewer System. Drainage facilities shall be provided within the subdivision and to connect the subdivision drainage to drainage-ways or to storm sewers outside the subdivision. Design of drainage within the subdivision shall take into account the capacity and grade necessary to maintain unrestricted flow from areas draining through the subdivision and to allow extension of the system to serve such areas. Drainage shall be designed to avoid impacts on adjacent property. FINDINGS: The intent of this section is to require that new developments make use of a drainage system that is in accordance with city requirements and which will handle the storm drainage from the site and avoid any adverse impacts onto adjacent properties. The developers engineer shall submit an overall storm drainage plan that will provide service to this development consistent with the City Master Storm Drain Plan for this area of Keizer. To SUBDIVISION CASE NO Page 17 of 28

18 decrease the quantity of storm drainage runoff from the proposed development, each new lot will be required to provide for an individual subsurface disposal system for all new roof drains. The developer's engineer shall conduct on-site percolation tests (the number of tests to be determined by the City of Keizer) to determine the suitability of the proposed disposal system. Storm Water calculations shall be submitted to the City of Keizer Department of Public Works indicating how the development complies with the Public Works Design Standards for the basin. Storm water detention for the proposed development shall be required. All storm water runoff from the proposed streets are to be connected to an approved system designed to provide adequate drainage meeting the City of Keizer Storm Water Design Standards. Storm water quality improvements will be required. A grading and drainage plan shall be developed for the subject property. Details shall include adequate conveyance of storm water from adjacent property across the subject property. This plan shall be submitted and approved by the Department of Public Works prior to the issuance of any permits for street or storm drainage for the subject property. Grading and drainage plans shall be in conformance with the City of Keizer Public Works Standards. Additional information regarding street grades, site grading, inverts, etc, will be required for review prior to any plan approval. With these requirements placed as conditions of approval will ensure compliance with this provision. g. Section G - Sanitary Sewers. Sanitary sewer shall be installed to serve the subdivision and to connect the subdivision to existing mains both on and off the property being subdivided. FINDINGS: The intent of this provision is to protect the public water supply from failing on-site septic systems and ensure the efficient use of urban land since lots that can connect to a municipal sanitary sewer system require less land than lots with private on-site septic systems. The applicant s site plan indicates there is a sanitary sewer line in Newberg Drive. This is an 8 inch sewer line with adequate capacity to accommodate the proposed development. The applicant s statement and preliminary subdivision plan indicates that each of the proposed lots will be connected to this sanitary sewer system. Presumably each dwelling will be connected with a standard 4 inch service connection consistent with all applicable requirements. The Public Works Department submitted comments addressing this criterion. The subject property is located within the original Keizer Sewer District. Therefore, a sanitary sewer trunk line acreage fee will not be required. City of Salem approval for local sewer permits will need to be issued prior to construction. Prior to submitting plans to the City of Salem for approval, the developer s engineer shall submit plans to the City of Keizer for review and determination of compliance with the City s Master Sewer Plan for the area. Connecting to existing sewers that serve the general area will be the responsibility of the developer of the property. Appropriate easements for any public sewer mains located within the subject property if located outside platted right of ways will need to be recorded which meets the City of Salem Design Standards and shown on the subdivision plat. It will be the responsibility of the developer s engineer to locate any existing wells (including on adjacent property) in the vicinity of the proposed new sanitary sewer lines for the subject property. The developer, prior to platting the proposed subdivision, shall remove any conflicts between existing wells and proposed sanitary sewers. With conditions of approval addressing these issues, the application can comply with this criterion. SUBDIVISION CASE NO Page 18 of 28

19 h. Section H - Water System. Water lines with valves and Fire District approved fire hydrants serving the subdivision and connecting the subdivision to the City mains shall be installed and operating prior to start of combustible construction. The design shall take into account provisions for extension beyond the subdivision to adequately grid the City system and to serve the area within which the development is located when the area is ultimately developed. However, the developer will be responsible for water main sizes necessary to meet minimum fire flow requirements per Uniform Fire Code. The City will not expect the developer to pay for the extra pipe material cost of mains exceeding 8 inches in size. FINDINGS: The intent of this provision is to ensure that in addition to a safe potable water supply that adequate water flow and fire hydrants are provided to ensure fire protection service is provided for each new lot in the proposed subdivision. The site plan indicates that there is a water line in Newberg Drive and that each lot will connect into this water line. This water line is an 8 inch line with sufficient capacity to handle the proposed development. A master water system plan showing proposed routes of public water mains, fire hydrants and individual services shall be prepared prior to submission of construction plans for the development. Appropriate easements for all public water mains and fire hydrants will be required if construction is to be outside of public right of ways. Any system development charges for water system improvements will be those in place at the time of individual service connections. Final development plans shall be reviewed by the Keizer Fire District with regard to access and adequate location of fire hydrants prior to any issuance of building permits by the City of Keizer. Any existing wells on the subject property are to be abandoned. The developer shall provide evidence that any abandonment of existing wells has been completed in accordance with the rules of the Oregon State Water Resources Department. The location of all meters is to be approved by Keizer Water Department. With conditions of approval addressing these issues, the application can comply with this criterion. i. Section I - Sidewalks. Sidewalks shall be installed along both sides of each public street and in any pedestrian ways within the subdivision. The City may defer sidewalk construction until the dwellings or structures fronting the sidewalk are constructed. Any required off-site sidewalks (e.g., pedestrian walkways) or sidewalks fronting public property shall not be deferred. FINDINGS: The intent of this provision to require that sidewalks shall be installed along both sides of each public street and in any pedestrian ways within the subdivision in an effort to enhance the mobility of pedestrians who will reside in the proposed subdivision, as well as those who may use this facility but will not reside in the new subdivision. Newberg Drive along the frontage of the applicant s property has a 24 foot wide paved street within a 60 foot wide right of way. The property has no curb or sidewalk along the frontage of the subject property. Public Works has provided comments that the applicant will be required to provide a 5 foot wide property line sidewalk along the frontage of the property with Newberg Drive as part of the improvements along this frontage. This sidewalk design will require a transition at both the north and south ends. The applicant has indicated that this improvement will only provide minimal value to the nearby SUBDIVISION CASE NO Page 19 of 28

20 residents and that other means to allow the improvement, such as non-remonstrance agreement or city financed capital improvement project should be used to fund the improvements. However, in recognition of the fact that there is no sidewalk along almost the entire length of Newberg Drive and the street has inadequate pavement width and lacks of curbing the Public Works Director and Community Development Director have both proposed that the applicant be given the option of either constructing the required frontage improvement or delaying these improvements until a Local Improvement District is formed that would allow for a more coherent improvements rather than an island of improvement in an otherwise unimproved street. At this time there are no plans for any city initiated public improvements for this street. With this placed as a condition of approval will ensure compliance with this section. j. Section J - Street Lights. The installation of street lights is required at locations determined to be appropriate by the City and shall be of a type required by City standards. FINDINGS: The intent of this section is to require that new developments provide street lights that will provide for an adequate level of night-time illumination. There is an incomplete street lighting system along Newberg Drive. In particular, in the vicinity of the proposed subdivision there is no street light. In an effort to provide street lights for benefits of the new residents the applicant will be required to install a street light in accordance with city and PGE standards. The most likely spot for a new street light will be on the existing power pole that is located across the street from the proposed subdivision. This should reduce the costs to the applicant if the existing pole can be used. A street lighting district will need to be formed and will be required as a condition of approval and will ensure compliance with this section. k. Section K - Street Signs. The installation of street name signs and traffic control signs is required at locations determined to be appropriate by the city and shall be of a type required by City standards. Each street sign shall display the one hundred block range. Street signs shall be installed prior to obtaining building permits. FINDINGS: The intent of this provision is to require that the installation of street name signs and traffic control signs be placed at locations determined to be appropriate by the city and shall be of a type required by City standards so as to avoid signs that both are in wrong locations or of a design that are not consistent with city standards. With no new street to be constructed this section is not applicable. l. Section L - Public Works Requirements. All facility improvements shall conform to the requirements and specifications of the Keizer Department of Public Works. FINDINGS: The intent of this provision is to ensure that all facility improvements shall conform to the requirements and specifications of the Keizer Department of Public Works. The application can meet this criterion. This is addressed as a condition of subdivision approval. m. Section M - Curb Cuts. Curb cuts and driveway installations, excluding common drives, are not required of the subdivider, but if installed, shall be according to the City standards. SUBDIVISION CASE NO Page 20 of 28

21 FINDINGS: Driveway permits will be required at the time of building permit approval. With this as a condition of approval, the application can comply with this criterion. n. Section N - Street Trees. Street tree planting is mandatory where a planting strip is part of the street design. Plantings shall conform to Section (M). FINDINGS: The intent of this provision is to allow for street trees to be planted along streets to improve the streetscape appeal of the street. The applicant will be required to plant trees along the frontage of the property with Newberg Drive consistent with city requirements. With a condition of approval requiring street trees, this application can comply with this criterion. o. Section O - Grading & Fills. All grading which results in fills in excess of 3 feet located within the identified building envelope on a subdivision lot or parcel must be engineered. FINDINGS: Since the property is flat, there should be minimal placement of any fill prior to construction of any dwellings. However, since this is a State Building Code requirement it is intended as advisory at this point of the subdivision review. p. Section P - Financial Requirements. All improvements required under this Section shall be completed to City standards or assured through a performance bond or other instrument acceptable to the City Attorney, prior to the approval of the Final Plat of the subdivision. FINDINGS: This requirement will be placed as a condition of approval. B. SECTION B - EACH LOT SHALL SATISFY DIMENSIONAL STANDARDS AND DENSITY STANDARDS OF THE APPLICABLE ZONING DISTRICT, UNLESS A VARIANCE FROM THESE STANDARDS IS APPROVED. FINDINGS: The intent of this provision to ensure that new residential subdivisions meet the established dimensional and density provisions of the city to assure that the development is done consistent with this standard. The applicant has indicated that each of the lots will be developed with single-family homes. Section A of the Keizer Development Code requires that each lot to be developed with a single-family dwelling contain a minimum average width of 40 feet. The lots have widths that range from 66 feet to 77 feet, and so each satisfies this requirement. This section also specifies a minimum average depth of 70 feet for lots with single-family homes and the lots have depths that are approximately 111 feet and so each exceed the minimum lot depth requirement. Section I specifies a minimum density of 4 units per acre and a maximum density of 8 units per gross acres. The proposed subdivision will have a density of 5 dwellings per gross acre. This complies with the minimum density requirements of this section of the code. This proposal satisfies this provision. C. SECTION C - ADEQUATE PUBLIC FACILITIES SHALL BE AVAILABLE TO SERVE THE EXISTING AND NEWLY CREATED PARCELS. SUBDIVISION CASE NO Page 21 of 28

22 FINDINGS: As previously discussed, public sewer and water are available and can serve the newly created lots within the proposed subdivision and the applicant will be responsible for complying with the applicable conditions governing the construction and installation of these facility connections. While not technically a public facility such as water and sewers, schools can also be considered a public facility. The Salem Keizer School District commented on the projected student population of the proposed subdivision and calculated that it will result in 3 new students which will result in 1 student enrollment over capacity issues. With this placed as a condition of approval, this application can comply with this criterion. D. SECTION D - ROUGH PROPORTIONALITY. IMPROVEMENTS OR DEDICATIONS REQUIRED AS A CONDITION OF DEVELOPMENT APPROVAL, WHEN NOT VOLUNTARILY ACCEPTED BY THE APPLICANT, SHALL BE ROUGHLY PROPORTIONAL TO THE IMPACT OF DEVELOPMENT. FINDINGS IN THE DEVELOPMENT APPROVAL SHALL INDICATE HOW THE REQUIRED IMPROVEMENTS OR DEDICATIONS ARE ROUGHLY PROPORTIONAL TO THE IMPACT. FINDINGS: The City has a legitimate governmental interest in assuring the development does not cause a public problem of inadequate, unsafe and inefficient public transportation facilities. This is done by ensuring that adequate streets that logically continue the City's street system are provided in order to avoid traffic generation that exceeds the street system's carrying capacity, which then causes dangerous or hazardous traffic conditions. The applicant proposes a four lot subdivision for single family residential development. The development features two new public streets which will each be designated as a local street in accordance with the Keizer Transportation System Plan. The proposed lots will be served by the existing public street. The necessary improvements for streets are identified in Keizer Development Code Section The table set forth in such section indicates the minimum improvement and right of way widths required. The improvement of streets adjacent to, and within, subdivisions is necessary to provide a safe and convenient transportation network to serve the residents of the applicant's subdivision. The Keizer Development Code requires that new development make road improvements to bring their road frontage up to the road classification and construction standards. The legislative adoption of the street standards require road improvements and the road construction to be provided by the development as it occurs in proportion to its impacts. The residents of the subdivision will utilize road systems constructed by other developments at no cost to them or the applicant. Other benefits which necessarily flow to the future residents of this development from the completion of the street improvements include access for vehicles, bicyclists and pedestrians to the arterial road system serving this area of the City and improved access for emergency vehicles to the subject property and its residents. The functional classification of Newberg Drive is based on the cumulative traffic impacts from the development of properties in the area which will use the street. Newberg Drive along the frontage of the property is classified in the city s TSP as a local street. Functional classification SUBDIVISION CASE NO Page 22 of 28

23 is established in order to ensure that the streets have adequate carrying capacity for the traffic which will utilize it to avoid traffic generation that would cause dangerous or hazardous traffic conditions. The proposed development will eventually generate additional vehicle trips per day that will contribute to the cumulative traffic impact of the streets. It is estimated that 40 vehicle trips per day would be generated by the development of the new subdivision and that there is sufficient capacity in the street to accommodate this level of development. Along the frontage of the applicant s property with Newberg Drive there is sufficient right of way and will not require the applicant to dedicate any of the property for right of way purposes. However, since Newberg Drive is substandard the applicant will be required to make a half-street improvement along the frontage of the property with Newberg Drive. The applicant will be responsible for improving a 5 foot by 155 foot strip along the frontage of the site with Newberg Drive. The improvement along Newberg Drive will be approximately 755 square feet, or approximately 2.9% of the identified impacted area along Newberg Drive (calculated by assuming a 34 foot improved street within a 760 foot length of the street between Orchard St and Max CT). There are approximately 18 lots which are located along both sides of this segment of Newberg Drive that can be viewed to be dependent upon this segment for access. With the 4 new lots, there would be a total of 22 lots. The proposed 4 lots are 18% of these lots. These calculations indicate that a dedication of approximately 2.9% of the overall area of the street segment is less than 18% of the calculated impact area and therefore would be roughly proportional. Also, the applicant will not be responsible for dedicating any of the property for additional right of way. This analysis concludes that the improvements along Newberg Drive are roughly proportional to the impacts associated with the development of the property. VI. RECOMMENDATION AND CONDITIONS FOR SUBDIVISION APPLICATION The available evidence indicates the subdivision proposal complies with the decision criteria. Staff recommends approval of the subdivision subject to the following conditions, which shall be completed, including review and approval by the appropriate department, prior to the time lines outlined below. Compliance with the Conditions of Approval shall be the sole responsibility of the applicants and/or property owner. 1. SANITARY SEWERS: The subject property is located within the original Keizer Sewer District. Therefore a sanitary sewer trunk line acreage fee will not be required. a.) City of Salem approval for local sewer permits will need to be issued prior to construction. Prior to submitting plans to the City of Salem for approval, the developer s engineer shall submit plans to the City of Keizer for review and determination of compliance with the City s Master Sewer Plan for the area. SUBDIVISION CASE NO Page 23 of 28

24 b.) Connecting to existing sewers that serve the general area will be the responsibility of the developer of the property. Appropriate easements for any public sewer mains located within the subject property, if located outside platted right of ways, will need to be recorded which meets the City of Salem Design Standards and shown on the subdivision plat. c.) It will be the responsibility of the developer s engineer to locate any existing wells (including on adjacent property) in the vicinity of the proposed new sanitary sewer lines for the subject property. The developer, prior to platting of the proposed subdivision, shall remove any conflicts between existing wells and proposed sanitary sewers. 2. WATER SYSTEM: a.) A master water system plan showing proposed routes of public water mains, fire hydrants and individual services shall be prepared prior to submission of construction plans for the development. Appropriate easements for all public water mains and fire hydrants will be required if construction is to be outside of public right of ways. Any system development charges for water system improvements will be those in place at the time of individual service connections. b.) Final development plans shall be reviewed by the Keizer Fire District with regard to access and adequate location of fire hydrants prior to any issuance of building permits by the City of Keizer. c.) Any existing wells on the subject property are to be abandoned. The developer shall provide evidence that any abandonment of existing wells has been completed in accordance with the rules of the Oregon State Water Resources Department. d.) Location of all meters to be approved by Keizer Water Department. 3. STREET AND DRAINAGE IMPROVEMENTS: a.) The developers engineer shall submit an overall storm drainage plan that will provide service to this development consistent with the City Master Storm Drain Plan for this area of Keizer. b.) To decrease the quantity of storm drainage runoff from the proposed development, each new lot will be required to provide for an individual subsurface disposal system for all new roof drains. The developer's engineer shall conduct on-site percolation tests (the number of tests to be determined by the City of Keizer) to determine the suitability of the proposed disposal system. Storm Water calculations shall be submitted to the City of Keizer Department of Public Works indicating how the development complies with the Public Works Design Standards for the basin. Storm water detention for the proposed development shall be required. All storm water runoff from the proposed streets are to be connected to an approved system designed to provide adequate drainage meeting the City of Keizer Storm Water Design Standards. Storm water quality improvements will be required. SUBDIVISION CASE NO Page 24 of 28

25 Adequate right of way exists along the frontage of Newberg Drive to provide for required street improvements. Per Development Code Section , a one-half street improvement along the frontage of the subject property will be required with acceptable transitions to the existing improvement. The improvement will consist of adequate base rock, a. c. pavement, curbing and a 5 foot sidewalk. However, the applicant will be given the option of making improvement as part of the development of the property or delaying the improvements until a Local Improvement District is formed that would allow a more comprehensive approach to improvements. If a delay or phasing is allowed it is not to be considered as a modification of the required improvements or that the improvements are to be eliminated. The property owner shall sign an appropriate agreement with the city in a recordable form that shall obligate the property owner to construct the improvements at the specified time within the agreement. c.) A grading and drainage plan shall be developed for the subject property. Details shall include adequate conveyance of storm water from adjacent property across the subject property. This plan shall be submitted and approved by the Department of Public Works prior to the issuance of any permits for street or storm drainage for the subject property. Grading and drainage plans shall be in conformance with the City of Keizer Public Works Standards. Additional information regarding street grades, site grading, inverts, etc, will be required for review prior to any plan approval. d.) Appropriate cross easements for a "hammerhead" turn around on proposed Lots 2 and 3 will be required. 4. OTHER a.) Construction permits are required by the Department of Public Works prior to any public facility construction. b.) A Pre-design meeting with the City of Keizer Department of Public Works will be required prior to the Developer's Engineer submitting plans to either the city of Keizer or the City of Salem for review. c.) Street opening permits are required for any work within the City Right of Way that is not covered by a Construction Permit. d.) A Pre-construction conference shall be required prior to commencement of any construction under permits issued by the city. e.) An improvement agreement shall be executed between the developer and the City of Keizer prior to recording of the subdivision plat. f.) A master utility plan including all proposed power, telephone, gas and cable t.v. lines shall be submitted to the Department of Public Works for review prior to the Department issuing construction permits for the proposed project. SUBDIVISION CASE NO Page 25 of 28

26 g.) Erosion control permits shall be obtained from the City of Keizer prior to the disturbance of any soil on the subject property. h.) Mailbox details indicating proposed locations and approved by the U.S. Post Office shall be submitted to the Department of Public Works. i.) A street lighting district shall be created at the expense of the applicant to provide for adequate street lights along the frontage of all proposed new lots. Preliminary Plat Approval: 5. A detailed preliminary subdivision plat shall be submitted to the Marion County Surveyor s office for review. Marion County Surveyor s office will then submit the plat to Keizer for review and approval. The Preliminary Plat must be submitted for review prior to submittal of a final plat. Title transfer instruments accomplishing the property adjustments shall be recorded with the Marion County Clerk within 1 year from the date of final decision on this application or a one year extension must be requested and approved by the Community Development Director prior to the one year time period. a. A checking fee and second Mylar fee is required. b. A current or updated title report must be submitted at the time of review. Title reports shall be no less than 15 days old at the time of approval of the plat by the Surveyor s Office, which may require additional updated reports. c. Subdivision name must be approved per Oregon Revised Statue d. Must be surveyed and platted per Oregon Revised Statue e. Per Oregon Revised Statue remaining monumentation bond may be required if some of the plat monuments have not been set and/or the installation of street and utility improvements has not been completed, or other conditions or circumstances cause the delay (or resetting) of monumentation. f. Include all engineering elements as required by the Department of Public Works. g. For all public water mains, fire hydrants and any public sewer mains located within the subject property (if located outside platted right of ways) easements will be required and will need to be recorded. These easements shall meet the City of Keizer or City of Salem (where applicable) Design Standards and shall be shown on the subdivision plat. h. 10 foot wide public utility easements (PUE) shall be shown along all dedicated right of ways. i. All lots to conform to lot dimension standards within the RS zone. j. Include all dedication as required by Public Works. k. Street names, consistent with city street naming standards, to be shown on plat. l. 25 foot wide access and utility easement serving the two flag lots and turn around area to be shown on plat. 7. With the Preliminary plat a copy of the proposed CC&R s, Owners Agreements, Articles and By-Laws shall be submitted to the Community Development Department for review by the City Attorney as outlined in Section of the Keizer Development Code. The SUBDIVISION CASE NO Page 26 of 28

27 following information should be included within the instrument(s): a. The number of replacement trees required for each lot. b. Information regarding any future removal of significant trees for construction purposes. c. Reciprocal access easement agreements, no parking in access easement signs and where addressing signs are located. Final Plat approval: 8. Upon approval of the preliminary agreement, a final copy of any CC&R s, Homeowner Agreements, or other instrument shall be submitted to the Community Development Department. 9. Upon approval of the detailed preliminary plat and engineering plans, a final plat for the subdivision, which conforms to the preliminary plat approval, must be submitted for review to Marion County Surveyor s Office. Prior To Obtaining Building Permit(s): 10. No building permits shall be issued until the plat is recorded and all conditions of any construction permits are completed to the satisfaction of the Department of Public Works. 11. Each flag lot shall show 3 on-site parking spaces and the two non- flag lots shall each show 2 on-site parking spaces. 12 New construction must comply with Section Infill Standards and all other applicable sections of the Keizer Development Code. 13 The access easement shall be a minimum of twenty (20) feet of unobstructed width; with a minimum paved width of twelve (12) feet which shall be located substantially within the center of the access easement. No parking shall be permitted within the twenty (20) foot minimum required width. The construction and paving of the access easement, installation of the street addressing signage, and any required no parking signage shall be completed prior to approval of the final plat. In lieu of this, the applicant may obtain a performance bond, improvement agreement or other instrument acceptable to the City as outlined in Section F.3 and B of the Keizer Development Code. Improvement agreements may be obtained from the Community Development Department. A copy of reciprocal cross access easement agreement shall be provided to the city. 14 The maintenance and replacement of the access easement, no parking signage, and address display signage shall be provided in the form of a maintenance agreement, homeowners association, or other instrument acceptable to the City and shall be recorded with the Marion County Clerk. A copy of the agreement shall be submitted to the Community Development Department for review and approval. The agreement shall also SUBDIVISION CASE NO Page 27 of 28

28 include language stipulating that the agreement cannot be extinguished without written approval of the City of Keizer. Prior to Obtaining Building Permit Final for each dwelling within the Subdivision: 15 The residential address requirements found in the Oregon Uniform Fire Code shall be completed and approved by the Keizer Fire District and Community Development Department. Address signs for flag lots shall be at intersection of access easement and Newberg Drive. 16 Sanitary sewer permits must be received and/or sewer taps and system development charges must be paid due and payable to the City of Salem. 17. The trees designated as replacement trees from the Tree Removal Plan are to be planted within the subdivision shall be planted prior to final inspection for each individual lot. 18. Applicant or any contractors building on lots shall comply with all applicable city regulations regarding noise, dust, times of construction, etc. SUBDIVISION CASE NO Page 28 of 28

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