KEIZER COMMUNITY DEVELOPMENT DEPARTMENT STAFF ... · SUBDIVISION CASE NO. 2016-25 Page 1 of 33...

SUBDIVISION CASE NO. 2016-25 Page 1 of 33

KEIZER COMMUNITY DEVELOPMENT DEPARTMENT

STAFF RECOMMENDATION Subdivision Case No. 2016-25

TO: Fred Wilson, Keizer Hearings Officer FROM: Shane Witham, Senior Planner SUBJECT: Subdivision Case No. 2016-25 DATE: December 7, 2016

I. GENERAL INFORMATION

A. APPLICANT/PROPERTY OWNER: Gene Makarenko

B. PROPERTY LOCATION: The property is located at 1330 Clear Lake Rd NE and is

identified on Marion County Tax Assessor Maps as Township 6 South; Range 3 West; Section 23DB; Tax Lot 00100. (Exhibit 1)

C. EXISTING PARCEL SIZE: The property is approximately 1.13 acres in area.

D. EXISTING DEVELOPMENT AND PUBLIC FACILITIES: The property contains a

single family home and detached accessory structure which are proposed to be removed. Public facilities are available and are proposed to serve the development.

E. PLAN DESIGNATION AND ZONING: The property is designated Low Density

Residential on the Comprehensive Plan Map and is zoned Urban Transition (UT). Section 2.118.10 of the UT zone provides for the automatic rezoning of land to Residential Single Family (RS) upon approval and recordation of the plat.

F. ADJACENT ZONING AND LAND USES: Properties to the east and across Timothy

Lane to the west are zoned RS and contain single-family homes within subdivisions. The property to the south is zoned UT and contains a residence on a large 1.23 acre parcel.

G. PROPOSAL: The subject property is proposed to be subdivided into a 6 lot subdivision

with access from a new public street. The applicant’s written statement and preliminary plans (Exhibit 2) are attached.

H. NOTICE: Public notice was mailed, published and posted consistent with notice requirements in KDC § 3.204.


II. COMMENTS AGENCY 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 Marion County Surveyor’s Office submitted comments outlining the requirements

for surveying and platting the proposed subdivision in compliance with State requirements (Exhibit 4).

C. The Salem-Keizer School District provided comments related to the estimated impacts

to the school system as a result of the proposed development (Exhibit 5).

D. Portland General Electric (PGE) submitted comments regarding tariff and service requirements, and that a 10’ PUE will be required on all front street lots (Exhibit 6).

E. The Keizer Police Department submitted a letter with comments related to the

development regarding sidewalks, parking, and street lighting (Exhibit 7). CITIZEN COMMENTS: A letter requesting comments was sent to the surrounding property owners within 250 feet of the subject property. Comments were received from two neighbors regarding this proposal. Pamela Kingsbury and Robert Ohrn submitted a letter (Exhibit 8) and Mikal Mitchell submitted a letter (Exhibit 9) regarding the proposed subdivision. STAFF’S RESPONSE TO CITIZEN COMMENTS: Staff appreciates the public participation of concerned citizens and has attempted to address the concerns expressed, as appropriate, through the findings and related conditions recommended for this proposal. Concerns regarding storm drainage, vision clearance, sidewalk installation, fencing, concerns over the proposed duplex lots, and mailbox location are addressed through the findings and recommended conditions. Mr. Mitchell specifically inquired about seeing the Traffic Impact Analysis (TIA), and cites Section 2.301.04.C as to why it should be required. In this case, the automatic rezoning of the property from Urban Transition (UT) to Residential Single Family (RS) is not considered a “change in zoning or a plan amendment designation”. The reason for this is that the Zone Change process (outlined in KDC Section 3.110) and relevant criteria to approve a change in zoning are not required for UT zoned properties when they are subdivided. Rather they are automatically rezoned consistent with the plan designation as an operation of law rather than a request of the applicant as outlined in Section 2.118.10. Instead, the City has historically applied the standards governing the RS zone for subdivision proposals located in the UT zone which have a Comprehensive Plan Designation of Low Density Residential. Therefore, the requirement for when a TIA is required falls upon the other applicable criteria outlined in Section 2.301.04. In this case the proposed subdivision will create 6 lots with as many as 8 possible dwelling units,


resulting in an Average Daily Trip (ADT) generation of 80 trips. The threshold for requiring a TIA is an increase in site volume of 250 ADT and therefore, no TIA is being required with this application. It should be noted the staff recommendation requires the developer to construct street frontage improvements consistent with the City of Keizer Design Standards, and access to Clear Lake Rd will be prohibited to protect traffic operations.

III. FINDINGS The review criteria for a subdivision are listed in Section 3.108.06 of the Keizer Development Code (KDC). The criteria and findings for the subdivision request for 1330 Clearlake Rd NE are listed below:

A. SECTION 3.108.06.A – THE PROPOSAL SHALL COMPLY WITH THE APPLICABLE DEVELOPMENT STANDARDS IN SECTION 2.405 AND SECTION 2.3 AS APPROPRIATE, INCLUDING PROVISIONS FOR STREETS AND UTILITIES. Section 2.405 KDC contains development standards for manufactured home parks and is therefore not applicable in this situation. Section 2.3 contains the standards which guide all development approvals within the City of Keizer. Listed below are the applicable development standards contained in Section 2.3 that are pertinent to this subdivision review. 1. SECTION 2.301.03 - 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 2.301.03 are found to be the minimum necessary. The applicant will be required to provide the following public facilities: Fire Hydrant (Where required by Fire District), Street Improvements, Water Hook-up, Sewer Hook-up, Storm Drain and Street Lights. In addition, the Public Works Department has submitted comments which have been incorporated into the recommended conditions of approval that outline specific requirements for the installation of public facilities. With these items placed as conditions of approval this request can meet this criterion. 2. SECTION 2.302.03 - STREET STANDARDS – GENERAL PROVISIONS

a. Section 2.302.03.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 and streets along the subdivision 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 proposed subdivision features a new public street (Galina) as well as improvements to existing streets, Timothy Ln and Clear Lake Rd. The location, width, and


grade of the proposed street and existing streets are designed to promote public convenience and safety for residential development. There are no topographical considerations, since the area is relatively flat. The proposed location of the newly developed street will result in lots 1 and 2 along Clear Lake Road with street frontage on the front and rear of the properties (defined as “through lots”). “Through lots” are prohibited except where there is a topography disadvantage or where a separation from major streets is sought. In this situation there is a need to provide a separation from Clear Lake Rd since it is a major street and is classified as a collector street in the City’s Transportation System Plan. No access to Clear Lake Rd will be allowed for the lots having frontage along Clear Lake Rd. The City has adopted minimum street standards that are found to be necessary to promote and maintain a healthy environment and to minimize impacts from the development upon surrounding properties and the area. These standards can be found in Section 2.302 and the Public Works Department comments include specific conditions of approval in conformance with these standards to ensure public convenience and safety which are adopted into the recommended conditions of approval for this subdivision. Details on right of way dedication and street improvement requirements will be further addressed later in this report. Prior to submitting construction plans for the proposed subdivision a pre-design meeting with the developer’s engineer and the Department of Public Works will be required, which will ensure the new and proposed streets are adequate and appropriate to serve the proposed development and surrounding area. With the above mentioned conditions, staff finds this proposal can satisfy this criterion.

b. Section 2.302.03.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 land, 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 2302.03.B.1 – 5.

FINDINGS: The intent of this provision is for new developments to incorporate the continuation of a street as a means to avoid creating new subdivisions which do not provide for any street connectivity. In this particular case, the property is bordered on the north and west by 2 existing streets that extend across the frontage of the property which provide connectivity to the surrounding area. The proposed new street (Galina) will run east off Timothy Lane and is proposed to be terminated in a hammerhead type turnaround, thus not providing any connectivity to the east or south. In reviewing the street continuation requirements staff concludes the continuation of the street to the east and/or south is not necessary. The property to the east is fully developed, and therefore, it is unnecessary to provide connection to the east. The property to the south is large and clearly able to be redeveloped, but staff does not feel it is appropriate to require connectivity for two primary reasons: First, the property to the south has access to Timothy Lane, so an extension of Galina Ct to the south is not necessary to allow the property to be developed. It can be served directly from Timothy Lane; Second, if Galina were extended to the south, “through


lots” would be created which are not desirable and are to be avoided based upon Section 2.310.03.F. Taking these factors into consideration, staff finds that no continuation of the proposed public street is warranted, so this provision is not applicable.

c. Section 2.302.03.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 new street is a minor street. Therefore this provision is not applicable.

d. Section 2.302.03.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 902.2.2.4 “Dead Ends” of the Uniform Fire Code, 1994 edition.

FINDINGS: The proposed new street does not continue to adjacent properties, as was previously addressed, therefore the street cannot be platted without a turnaround. Discussed later in this staff recommendation are sidewalk and turnaround requirements for this subdivision. Therefore, staff finds this request satisfies this criterion.

e. Section 2.302.03.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 public street intersections are constructed consistent with city standards. The proposed new street is designed to be, as far as practical, at right angles to the existing public street. Staff finds this request satisfies this criterion.

f. Section 2.302.03.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 developers of new residential subdivisions be responsible for making needed improvements to the existing street systems that are either within, or adjacent to, a proposed subdivision. The subject property has frontage along Clear Lake Rd which is classified in the city’s Transportation System Plan as a Collector street and Timothy Lane which is classified as a local street. The Public Works department submitted comments that indicate an additional 14 feet of right of way dedication will be required along the Clear Lake Rd frontage to provide a total of 34 feet of right of way from the existing centerline to the new right of way line. The developer will be required to provide improvements along Clear Lake Rd that include a new curb, 5 foot wide planter strip, and a 6 foot wide separated sidewalk. Sidewalk requirements associated with Lots 1, 2, and 3 along the frontage of Clear Lake Rd shall be constructed at the time of public improvements for the new subdivision. In addition, right of way dedication will be required at the intersection of Clear Lake Rd and Timothy Lane in order to meet the 35 foot radii standard required by the City of Keizer Design Standards. With this placed as a condition of approval this section is satisfied.

g. Section 2.302.03.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 street will be constructed, so therefore this section is not applicable.

h. Section 2.302.03.H - Cul-de-sacs. The maximum length shall be 800 feet.

FINDINGS: A “cul-de-sac” is defined in the City of Keizer Design Standards as “a dead end street having a circular turnaround area at its terminus.” Galina Ct is proposed to be terminated with an alternate design hammerhead style turnaround, as opposed to a cul-de-sac bulb. While technically, no new cul-de-sac streets are proposed with this application, the function of the newly proposed street will be similar to that of a cul-de-sac and therefore, staff has determined the provisions pertaining to cul-de-sac lengths and lot frontage will be applied to this application. Galina Ct is proposed to be approximately 150 feet in length, which is significantly less than the maximum length allowed of 800 feet. Therefore, staff finds this proposal satisfies this criterion.

i. Section 2.302.03.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 streets are named in accordance with City procedures to avoid duplicate or confusing street names. The applicant has labeled the new street as “Galina Ct”, which has not yet been approved. The proposed new street shall be named in accordance with city street naming procedures and shall be shown on the plat. The applicant has submitted street names for review as a part of their subdivision application. Assignment of the street name will take place after the final


decision is rendered, or at the time of check-plat review and approval. All houses will be required to be numbered to conform to the City’s street numbering procedures and will be regulated at the time of building permit final inspection approval. With this placed as a condition of approval, staff finds this proposal will comply with this criterion.

j. Section 2.302.03.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 area is relatively flat and there are no concerns regarding grades of the proposed street improvements. A preliminary grading and drainage plan was submitted as a part of this application. A final grading and drainage 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 and proposed streets, which will regulate the design of the proposed improvements. With these requirements placed as conditions of approval, this proposal will satisfy this criterion.

k. Section 2.302.03.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 arterial and collector streets. The Public Works Department has indicated the existing access to Clear Lake Rd will be required to be closed, and that no new driveways or access to Clear Lake Rd will be allowed. In addition, to mitigate adverse effects and to protect the residential properties adjacent to Clear Lake Rd, a screen planting or buffering of some type is recommended to be required along the north property lines of lots 1 through 3. This can be accomplished by providing buffering as outlined in Section 2.309.05, or an alternative may be proposed for review and approval by the Community Development Department prior to final plat approval. These requirements shall be included in any CC&R’s, Home Owners’ Association Agreement, or other agreement governing the subdivision development. Comments were received from nearby property owners expressing concerns over vision clearance issues created by existing vegetation and tree plantings located to the west of Timothy Ln along the Clear Lake Rd improvements. Therefore, the proposed landscaping, fencing, or buffering should be mindful of vision clearance impacts to the intersection of Timothy Ln and Clear Lake Rd. Staff finds that with the above mentioned requirements placed as a condition of subdivision approval, the proposal complies with this criterion.


l. Section 2.302.03.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: The property is located in a Residential zone and no alleys are proposed. Therefore, this provision is not applicable.

m. Section 2.302.03.M. - Street Landscaping. Where required as part of the right-of-way

design, planting strips shall conform to 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. Public Works has commented that a 5 foot wide planter strip will be required along the Clear Lake Rd frontage of the proposed subdivision consistent with City of Keizer Public Works Design Standards. Street trees shall be planted at a ratio of no less than one tree per 30 feet of property frontage and shall conform to the City’s specifications and be in addition to other landscaping requirements discussed elsewhere in this report. Installation of street trees shall be included in any improvement agreement covering the installation of public facilities and services on the property. Planting strips shall be planted and maintained in predominantly living groundcover materials, as approved through the public improvement permitting process. To alleviate confusion, information regarding the care and maintenance of this landscaping strip should be included in the CC&R’s, Home Owners’ Association Agreement or other similar type of agreement approved by the Community Development Department. With these requirements placed as conditions of approval, the application can comply with this provision.

n. Section 2.302.03.N.5 – Access Control Standards. Double Frontage Lots. When a lot

has frontage onto two or more streets, access shall be provided first from the street with the lowest classification.

FINDINGS: The Public Works Department submitted comments requiring that no access is allowed to Clear Lake Rd, which is designated as a collector street. The developer will be required to obtain driveway permit approval for the individual lots within the subdivision, which will ensure this requirement is met. Staff finds this proposal can comply with this criterion.


o. Section 2.302.03.O. – Trees along Public Streets. Streetscape trees are required along public streets, shall comply with the provisions of Section 2.309, and must be located according to the following provisions: 1. Streetscape trees shall be planted within the boundaries of each lot within 10 feet

of street improvements. 2. Lots measuring less than 45 feet in width shall be required to plant one streetscape

tree. Lots measuring more than 45 feet in width shall be required to plant two streetscape trees.

3. Streetscape trees shall be selected from a list of approved trees.

FINDINGS: For lot frontages along Clear Lake Rd, this standard is not applicable, since street trees will be required as a part of the public improvements. Lot 1 and lot 6 have frontage along Timothy Lane and Galina Ct in excess of 45 feet in width, and therefore 2 streetscape trees will be required to be planted along each frontage for a total of 4 streetscape trees on both lot 1 and lot 6. Lots 2, 4, and 5 have frontage along Galina Ct of less than 45 feet in width, and therefore 1 streetscape tree must be planted on lot 2, 4, and 5. Lot 3 will be served by a private access easement, so this standard is not applicable to lot 3. Streetscape trees for each of the lots within the subdivision will be required to be planted prior to final building permit approval. With these requirements placed as conditions of subdivision approval, staff finds this proposal can comply with this criterion.

3. SECTION 2.302.04 - 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 2.302.05. FINDINGS: The applicant has not requested any modification to the right-of-way or improvement width requirements for public streets. The Public Works Department has submitted comments which have been incorporated into the recommended conditions and requirements of this report, which outline the necessary right of way width and improvement requirements for this subdivision proposal. As a condition of subdivision approval, the requirements outlined in section 2.302.04 and included in the Public Works requirements must be adhered to. The following clarification is offered as to what is required with this subdivision proposal: Clear Lake Rd - Right of way dedication (14 feet) along Clear Lake Rd and at the intersection of Clear Lake Rd and Timothy Lane will be required to provide a total of 34 feet of right of way from the existing centerline of Clear Lake Rd and to provide a 35’ radii standard per the City of Keizer Design Standards. The applicant’s site plan and written statement indicate a 5 foot wide sidewalk is proposed along Clear Lake, but due to the street classification (collector) a 6 foot wide sidewalk will be required as per the City of Keizer Design Standards (Chapter 3.1). Street widening, a new curb, 5 foot planter strip, and 6 foot separated sidewalk will be required. Timothy Lane - The applicant’s written statement indicates Timothy Lane is proposed as a 30 foot wide curb to curb improvement width. However, the submitted site plan shows that a 34 foot wide curb to curb improvement width will be provided, and is what is recommended to be required as a condition of subdivision approval. Previously, Subdivision Case 2004-42 established a half street


improvement to Timothy Lane that required a minimum 17 foot wide half street improvement (34 foot wide total improvement width) with additional paving to allow a total of 22 feet of width in order to allow 2 way traffic to safely maneuver within the public right of way. Staff feels it is appropriate to require the completion of this previously approved half street improvement in order to provide a full improvement width of 34 feet curb to curb. In reviewing the future development potential of parcels on Timothy Lane, and taking into consideration the existing street connections to Timothy Lane that exist in surrounding development, it is appropriate to require Timothy Lane to be constructed to Local V standard that can serve more than 79 dwelling units. The exact design and construction of Timothy Lane will be regulated through the public improvement permit review and approval process, and will be required to comply with the City of Keizer Design Standards. Galina Ct – Galina Ct is proposed on the applicant’s site plan as a 44 foot right of way width with a 30 foot curb to curb improvement and is proposed to be terminated with a 25 foot by 60 foot hammerhead type turnaround in lieu of a bulb cul-de-sac. This proposed turnaround has been reviewed by the City Engineer and is acceptable to the City. No parking will be allowed in the turnaround area and appropriate no parking signs and delineations will be required to designate the turnaround area as a fire lane. Sidewalks are proposed only along the north side of Galina Ct and continuing around the end of the street to the southeast corner of the hammerhead turnaround. The proposed 44 foot right of way and 30 foot improvement width is equal to the standard for a Local III street. This proposed right of way and improvement width is acceptable to the City. However, it may be necessary for the applicant to reduce the overall right of way width in order to comply with the minimum depth required for “through lots” on lot 1 and lot 2. This issue will be addressed more in depth later in this report. Galina Ct will serve 6-8 dwelling units, depending on driveway locations for lots 1 and 6. Therefore, a Local I street could be allowed based on Section 2.302.04. However, staff is recommending that a minimum of a Local II street be provided in order to provide sidewalks on both sides of the street and to allow for on street parking on Galina Ct. If the applicant were to reduce the right of way width and design to a Local I street, no parking would be allowed on Galina Ct and sidewalks would be installed on only one side of the street. Parking has been raised as a concern of nearby property owners, as well as the Keizer Police Department. In addition, concerns over the lack of sidewalks on the south side of Galina Ct have also been raised. Providing on street parking will help alleviate concerns and providing sidewalks on both sides of the street will provide a more complete street improvement that is safe and convenient for pedestrians. Staff recommends the sidewalk layout be modified to provide sidewalks on both sides of Galina, but to eliminate the proposed sidewalk located in the 6 foot wide easement around the hammerhead turnaround. Staff feels it would be of greater benefit to the subdivision and surrounding neighborhood to essentially “relocate” the proposed sidewalk at the end of the hammerhead turnaround to be located along the south side of Galina Ct along the frontage of lot 6. Due to the number of driveway locations and required parking being provided on lots 3-5, the proposed sidewalk system around the hammerhead would be nearly unusable since it would consist almost solely of driveway drops. The overall length of sidewalk improvements proposed around the hammerhead is approximately 100 feet in length. The gap in sidewalk improvements shown on the applicant’s site plan along lot 6 is approximately 90 feet in length. Therefore, there will be no impact to the applicant for construction costs to relocate the sidewalk. For the above mentioned reasons staff is recommending that Galina Ct be constructed to the Local II standard with sidewalks provided and parking allowed on both sides of the street.


With these requirements places as conditions of subdivision approval, staff finds this proposal complies with this criterion. 4. SECTION 2.302.06 - CONSTRUCTION SPECIFICATIONS 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 to 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 proposed lots will be served by a newly created public street, improved to City standards. Frontage improvements are being required for Clear Lake Rd and Timothy Lane to bring them up to the current design standards based upon their street designation. Public improvement permits will be required and construction drawings must be submitted to the Public Works Department for their review and approval consistent with all applicable adopted construction specifications and standards adopted by the city. With this placed as a condition of approval, staff finds this provision will be met. 5. SECTION 2.302.08 - PRIVATE ACCESS EASEMENTS. A private access easement created as the result of an approved partitioning or subdivision shall conform to standards governing the following: A. Width; B. Maintenance; C. Turn-around; D. Parking; E. Trees Along Access Easements; F. Screening:

FINDINGS: The intent of this provision is to assure private access easements are constructed in a manner consistent with city standards thereby avoiding the creation of a substandard access easement which might be unusable for vehicular traffic. A. Width: A 24 foot wide private access easement is proposed to serve lot 3. As a condition of subdivision approval, the access easement must be paved to a width of 12 feet within a 20 foot wide access easement. The easement does not exceed 300 feet in length and will serve only 1 dwelling unit and therefore complies with the standards for width. B. Maintenance: Provisions for the maintenance of the access easement shall be provided in the form of a maintenance agreement, homeowner’s association, or other instrument acceptable to the City. This will be placed as a condition of subdivision approval. C. Turn-around: The proposed access easement will essentially serve as a private driveway that will be less than 50 feet in length. Therefore, a turnaround is not required. D. Parking: The access easement will serve only one dwelling unit. Three (3) on-site parking spaces must be provided on lot 3 and are shown on the applicant’s site plan.


E. Trees Along Access Easements: Due to the length of the proposed access easement (driveway) and due to the fact that Streetscape trees will be provided along the public street on Lot 2, no additional streetscape trees are required to be planted adjacent to the proposed access easement. F. Screening: The access easement is not located adjacent to any neighboring properties but rather within the middle of the proposed subdivision. The screening requirement is intended to provide mitigation when an access easement is adjacent to a neighboring property. Therefore, no screening will be required for this proposal. With the above mentioned requirements placed as conditions of approval, staff finds this proposal will comply with this criterion. 6. SECTION 2.303 - OFF-STREET PARKING AND LOADING Parking shall be provided to ensure adequate areas for the parking, maneuvering, loading, and unloading of vehicles and bicycles for all land uses in the City of Keizer. FINDINGS: The minimum off-street parking requirements listed within Section 2.303.06 of the Keizer Development Code have been determined to be the minimum necessary to provide adequate parking capacity for specified uses. 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. Required parking spaces should be installed at the time homes are constructed on each of the lots within the subdivision. The applicant’s site plan and written statement address parking requirements and their intention to comply with the provisions of Section 2.303. There is some confusion on the applicant’s site plan and written statement regarding the parking requirements for Lots 1 and 6 which may be developed with duplexes. Lot 6 shows how the applicant intends to provide all 6 parking spaces, but lot 1 only shows the location of 3 parking spaces which is not adequate for a duplex. To clarify, as a condition of subdivision approval, a minimum of 2 parking spaces per unit will be required to be provided on-site with a 3rd parking space provided on the street, or if there is not adequate on street parking, then all 3 parking spaces must be provided on site. Lots 2-5 are proposed (and will be required) to provide 3 on-site parking spaces since the turnaround area will be designated no parking/fire. This will be placed as a condition of subdivision approval and will be regulated through the building permit review and approval process. It should be noted that staff is recommending Galina Ct be constructed to a Local II street standard which will allow for parking on either side of the street, which should help to accommodate the required parking needs of the proposed subdivision. With these requirements placed as a condition of approval, staff finds the proposal meets this criterion. 7. SECTION 2.306 - STORM DRAINAGE No construction of any facilities in a development included in Subsection 2.306.02 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 intent of this provision is to minimize, and avoid, storm drainage and erosion runoff problems that may be associated with development by requiring that a storm drainage and erosion control plan be submitted for review and approval prior to any development occurring on the site. Comments were received from the neighboring property owner to the south expressing concerns the development will result in increased water drainage onto their property. The applicant submitted a preliminary grading and drainage plan indicating drainage will flow away from the perimeter of the property. The Public Works Department submitted comments containing requirements that will assure the proposed development can comply with City storm drainage requirements. The developers engineer shall submit an overall storm drainage plan that will provide service to this development consistent with the City's Master Storm Drain Plan for this area of Keizer. This development is within a critical storm water basin. Storm water quality and detention improvements will be required in conformance with the City of Keizer Public Works Department Design Standards. The developer's engineer shall conduct on-site percolation tests, (the location and frequency of tests are to be determined by the City of Keizer Public Works Department) to determine the suitability of the soils for the proposed disposal system. The percolation test and soil analysis shall be performed by a qualified geotechnical engineer. Storm Water calculations shall be submitted in conjunction with the project design drawings, indicating how the development complies with the Public Works Design Standards for the basin. All storm water runoff from the property shall be kept on site. A final 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 and shall include existing elevations and proposed lot corner elevations. The plan shall be submitted to and approved by the Department of Public Works prior to the issuance of any Public Construction 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 Design Standards. Additional information regarding street grades, site grading, inverts, etc., will be required for review prior to any plan approval. The developer’s engineer shall take into consideration the existing swale located adjacent to the subject property on the east property line. No fill will be allowed to be placed in the swale. Erosion control permits shall be obtained from the City of Keizer prior to the disturbance of any soil on the subject property. Additionally, if required by the Oregon Department of Environmental Quality, a 1200-C permit will be required from the Oregon Department of Environmental Quality and furnished to the City of Keizer by the developer prior to issuance of an erosion control permit. With these requirements placed as conditions of approval, this application complies with this provision. 8. SECTION 2.307 - 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 2.307 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. These requirements are addressed more in depth elsewhere in this report. Staff finds with appropriate conditions, this proposal will comply with this criterion.


9. SECTION 2.309 – SITE AND LANDSCAPING DESIGN

a. Section 2.309.04(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 or less if a tree specimen which will result in an increased size is planted….in lieu of an on-site tree replacement plan, an off-site tree mitigation plan may be submitted to the Community Development Director for approval.

FINDING: The intent of this provision is to require 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 equal to or greater than 50 feet in height or 12 inches in diameter. The applicant submitted a tree removal and replacement plan that shows 16 significant trees will be removed from the site. Therefore, 32 trees are required to be provided to replace the trees that are removed from the property in order to be consistent with the city’s 2:1 replacement ratio. In addition, the applicant has indicated that 7 trees that will be removed in order to construct required right of way improvements. The applicant proposes to provide 3 trees of 1.5” caliper on each lot within the subdivision for total of 18 trees to be planted at the time of development of the individual lots. This does not meet the standard required by Section 2.309 of the KDC to provide replanting at a ratio of 2:1 with a 2” caliper. Therefore, a modified tree replacement plan will be required to be submitted to and approved by the Community Development Department prior to final plat approval. Replacement trees designated on the approved replacement plan will be required to be planted prior to final building inspection approval for each of the individual lots.

An acceptable proposal to mitigate the trees removed may be accomplished by providing larger caliper specimen trees, providing some of the required replacement trees as part of an off-site mitigation plan, or a combination of both. Staff does not support planting all of the required 32 trees on the subject property, as there is not adequate space and in doing so may create future conflicts, which is clearly not the intent and purpose of preserving and replacing significant trees. As was previously addressed in this report, streetscape trees will be required to be planted adjacent to Timothy Lane and Galina Ct. Based upon the lot widths within the subdivision, a total of 11 streetscape trees will be provided. This included 4 trees adjacent to Timothy (2 each on lot 1 and 6), and 7 trees adjacent to Galina (2 each on lot 1 and 6; 1 tree on lots2, 4, and 5). Staff feels it is appropriate to allow the 11 required streetscape trees to count as part of the required mitigation effort since they will be located on private property. The net result is that a total of 21 additional replacement trees will need to be provided as a condition of subdivision approval. Taking into consideration the location of the proposed streetscape trees and the applicant’s proposal to provide 3 trees per lot, staff suggests the applicant should modify the tree replacement plan and provide some trees off-site so as to comply with this section. It seems that it would be feasible to provide 22 total trees within the subdivision and 10 trees off-site.


This could be accomplished by the following proposal to provide: 5 total trees on lot 1 and lot 6 (one replacement tree in addition to the 4 streetscape trees required); 3 replacement trees on Lot 3 (no streetscape trees are required); and 3 trees on lot 2, lot 4, and lot 5 (2 replacement in addition to the 1 streetscape tree required); 10 off-site trees.

Staff finds with the above mentioned conditions, this request will comply with this criterion.

b. Section 2.309.05 – Screening and Buffering.

FINDING: Section 2.309.05 of the Keizer Development Code provides staff the ability to require screening and buffering to help mitigate adverse impacts to adjacent properties. The property to the south of this parcel may be impacted by development on the subject property. Smaller lot sizes result in less privacy for existing residents and for any new development. The property owners to the south have expressed concerns over the impact of the development in relation to their privacy and livability. Staff recommends that a six (6) foot high sight obscuring fence shall be placed along the south property line to help mitigate the impacts of the proposed development. This requirement may be waived upon approval by the current adjacent property owners to the south. It shall be the responsibility of the applicant to submit documentation to the City if waiving of this request is desired by the adjacent property owners. With the buffering requirement placed as a condition of approval, staff finds this request can satisfy this need.

10. SECTION 2.310 - DEVELOPMENT STANDARDS FOR LAND DIVISIONS a. Section 2.310.03.A - Minimum lot area. Minimum lot area shall conform to the requirements of the zoning district in which the parcels are located. FINDINGS: The subject property currently is zoned Urban Transition (UT) but will automatically be rezoned to Residential Single Family (RS) upon recordation of the plat, consistent with Section 2.118.10 and so will be bound by the requirements within the RS zone, not the UT zone provisions. Within the RS zone, the minimum lot size for detached single-family dwellings is 5,000 square feet, and duplexes are allowed as a special permitted use to be located on a corner lot of 7,000 square feet subject to the standards of Section 2.403.02. The applicant’s site plan indicates that the lots within the proposed subdivision range in size from 5,605 square feet (Lot 2) to 7,149 square feet (Lot 6) which exceed the city’s minimum lot size of 5,000 square feet required within the RS zone in Section 2.102.05. The applicant has indicated that lot 1 and lot 6 may developed with duplexes, and as such the development of those lots must comply with Section 2.403.03. Duplexes are allowed as a special permitted use in the RS zone and are subject to the standards outlined in Section 2.403.03. These specific requirements only allow duplexes to be located on corner lots of at least 7,000 square feet in area. Lot 1 and 6 are proposed to meet this requirement. In addition, each dwelling unit is to derive its pedestrian and vehicular access from a different street, unless otherwise required by the City Public Works Director. The requirements pertaining to the development of duplexes will be regulated at the time of building permit review and approval. Lots 2-5 will be developed with detached single family homes.


All of the proposed lots conform to the minimum lot size requirement of the RS zone district. Both gross and net area for all lot sizes shall be shown on the preliminary and final plat and lot sizes must comply with the standards of the RS zone. This is recommended as a condition of subdivision approval to assure this requirement is met. Therefore, staff finds this proposal can comply with this criterion. b. Section 2.310.03.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. The proposed lots are regularly shaped and comply with the lot depth to width ratio requirements. All lots within the proposed subdivision are shown to meet this criterion. c. Section 2.310.03.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. Residential lots or parcels may be accessed via a private street or access easement developed in accordance with the provisions of Section 2.302.08. Cul-de-sac lots shall have a minimum frontage of 25 feet. FINDINGS: The intent of this provision is to ensure that all lots have a minimum frontage along a street so that access to serve the lot will meet city standards and the lot can be developed in a manner that will ensure that all building setback requirements are met. Lot 1 and Lot 6 have frontage along public streets exceeding 40 feet in width, which is the minimum lot width in the RS zone. Lot 2, 4, and 5 have frontage on the proposed hammerhead turnaround which is being provided as an alternative to a cul-de-sac bulb. Therefore, the standards for lot frontage on a cul-de-sac should be applied, which is a minimum frontage of 25 feet. Lot 2, 4, and 5 all have more than 25 feet of frontage along the proposed hammerhead, and thus comply with this provision. Lot 3 is proposed to be served via private access easement which will be developed consistent with Section 2.302.08. Therefore, staff finds this proposal satisfies this criterion. d. Section 2.310.03.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 2.302.03.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: No flag lots are proposed so this section is not applicable.


e. Section 2.310.03.F - Through Lots. Through lots shall be avoided except where essential to provide separation of residential development from major street, adjacent non-residential activities, or to overcome specific development constraints due to topography or lot orientation. Through lots shall be no less than 100 feet in depth. Lots having their access off a private access easement or adjacent to a private access easement shall not be construed as qualifying as through lots. 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: Due to the fact that Clear Lake Rd is a collector street (major street), the proposed subdivision is designed so that access can be provided from the newly created Galina Ct. This results in the creation of through lots on lot 1 and lot 2 which is acceptable to the City. The proposed site plan indicates the lot depth of lot 1 and 2 is approximately 97 feet. As a condition of subdivision approval lot 1 and lot 2 must have a minimum depth of 100 feet in order to comply with the standards of this section. It appears this can be accomplished by reducing the overall right of way width for Galina Ct from 44 feet down to 42 feet and possibly shifting the street slightly south to provide the required 100 feet of lot depth. As a condition of subdivision approval lot dimensions are required to be shown on the preliminary and final plats which will assure this requirement is met. With this placed as a condition of approval, this proposal will satisfy this criterion. f. Section 2.310.03.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 will result in the creation of 6 regular shaped lots. The proposed lot lines run, as far as practicable, at right angles to the street right-of-way and access easement lines. The rear lot lines are all not less than one-half the dimension of the front lot lines. All the lots meet the city’s minimum lot standards and so should be able to be developed with a single family dwelling on each lot. The application complies with this criterion. g. Section 2.310.03.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 2.302.04 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. The Public Works Department submitted comments requiring adequate utility easements be provided. Additionally, PGE submitted comments indicating a 10 foot wide public utility easement is to be provided along the front of each lot abutting the public street system. The PUE along with all other necessary easements required by the Public Works Department must be shown on the final plat. This is a development requirement and shall be placed as a condition of approval of this


subdivision application. With this placed as a condition of approval the application can comply with this criterion. 11. SECTION 2.310.04 - ADDITIONAL DESIGN STANDARDS FOR SUBDIVISIONS a. Section 2.310.04.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.

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 proposed subdivision will not result in the creation of any blocks within the proposed subdivision; therefore, this provision is not applicable. b. Section 2.310.04.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 nearby attractors. The applicant is proposing improvements to the existing streets abutting this development and a new street to serve the residents of the subdivision. Street improvements, including sidewalks will be provided. Staff finds the proposed and required improvements are adequate to satisfy this criterion. 12. SECTION 2.310.06 - IMPROVEMENT REQUIREMENTS - SUBDIVISIONS a. Section 2.310.06.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 2.303 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. 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. The subject property has frontage along Clear Lake Rd and Timothy Lane. Clear Lake Rd is classified in the city’s Transportation System Plan as a


collector street and Timothy Lane is classified as a local street. Public Works submitted comments that include requirements for frontage improvements. These requirements were also addressed previously in this report. The applicant’s site plan and written statement indicate a 5 foot wide sidewalk is proposed along Clear Lake Rd, but due to the street classification (collector) a 6 foot wide sidewalk will be required as per the City of Keizer Design Standards (Chapter 3.1). Street widening, a new curb, 5 foot planter strip, and 6 foot separated sidewalk will be required along Clear Lake Rd subject to the public improvement permit approval process. The applicant’s written statement indicates Timothy Lane is proposed as a 30 foot wide curb to curb improvement width. However, the submitted site plan shows that a 34 foot wide curb to curb improvement width will be provided, and is what is recommended to be required as a condition of subdivision approval. Previously, Subdivision Case 2004-42 established a half street improvement to Timothy Lane that required a minimum 17 foot wide half street improvement (34 foot wide total improvement width) with additional paving to allow a total of 22 feet of width in order to allow 2 way traffic to safely maneuver within the public right of way. Staff feels it is appropriate to require the completion of this previously approved half street improvement in order to provide a full improvement width of 34 feet curb to curb. In reviewing the future development potential of parcels on Timothy Lane, and taking into consideration the existing street connections to Timothy Lane that exist in surrounding developments, it is appropriate to require Timothy Lane to be constructed to Local V standard that can serve more than 79 dwelling units. The exact design and construction of Timothy Lane will be regulated through the public improvement permit review and approval process, and will be required to comply with the City of Keizer Design Standards. With the above mentioned requirements placed as a condition of approval, this proposal will comply with this criterion. b. Section 2.310.06.B - Walkways for Private Streets. Sidewalks shall be required in accordance with applicable provisions in Sections 2.302 and 2.316 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 2.310.06.C - Project Streets. All public or private streets within the subdivision shall be constructed as required by the provisions of Section 2.302. 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. The subdivision proposal includes a new street (Galina Ct) to be constructed. The required improvements for Galina Ct will be required to be consistent with Section 2.302. As was addressed earlier, staff is recommending Galina Ct be constructed to a Local II standard in order to allow parking and sidewalks to be provided on both sides of the street. With this condition of approval, the proposal will comply with this criterion.


d. Section 2.310.06.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 be responsible for placing appropriate monuments at the street intersection and with this as a condition this application will comply with this criterion. e. Section 2.310.06.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 be responsible for placing appropriate bench marks at the street intersection and with this as a condition this application will comply with this criterion. f. Section 2.310.06.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 applicant submitted a preliminary site grading and drainage plan. As a condition of subdivision approval, the developers engineer shall submit an overall storm drainage plan that will provide service to this development consistent with the City's Master Storm Drain Plan for this area of Keizer. With these requirements placed as conditions of approval, this application complies with this provision. g. Section 2.310.06.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 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 applicants have indicated that each of the proposed lots will be connected to a new sanitary sewer line proposed to be constructed within the new street. The Public Works Department submitted comments addressing this criterion which have been recommended as conditions of subdivision approval. The subject property is located outside of the original Keizer Sewer District. Therefore, a sanitary sewer trunk line acreage fee will be required. The current rate is $7,460.00 per acre. 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 in a form which meets the City of Salem Design Standards and shown on the subdivision plat. The two existing sanitary sewer services in Clear Lake Rd shall be abandoned per the requirements and standards of the City of Salem. Costs of the abandonment shall be the responsibility of the developer. 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 eliminate any conflicts between existing wells and proposed sanitary sewers. This is a development requirement and shall be placed as a condition of approval of this subdivision application. With the above mentioned conditions of approval, staff finds this proposal will comply with this criterion. h. Section 2.310.06.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 applicant’s written statement and utility plan indicate the developer intends to construct a 12” water main in Clear Lake Rd and provide services to lots 1-4 from the 12” water main. Water service for lot 5 and 6 is proposed to be provided from the existing 8” water main located in Timothy Lane. The Public Works Department submitted comments addressing this criterion which have been recommended as conditions of subdivision approval. The comments received indicate that 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. The Master Water Plan indicates a 12 inch water main along Clear Lake Road. The developer will be required to construct a 12 inch water main from the current existing main near Timothy Lane to the existing main east of the subject property. Appropriate easements for all public water mains, fire hydrants, and private services 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. A 4 inch water main will be required to serve the lots with access onto the proposed Galina Ct. The water service line easements shown on the application plan will not be acceptable to the Public Works Department. Final development plans shall be reviewed by the Marion County Fire District No. 1 with regard to access and adequate location of fire hydrants prior to any issuance of Public Construction permits by the City of Keizer. All required fire hydrants shall be served by an 8 inch water main. Any existing wells on the subject property are to be abandoned in accordance with the Oregon State Water Resources Department requirements. The developer shall provide evidence to the Public Works department that any abandonment of existing wells has been completed in accordance with such requirements. Location of all water meters to be approved by the Public Works Department.


With these requirements placed as conditions of approval, this request will meet this criterion. i. Section 2.310.06.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 are required by new developments such as subdivisions in an effort to enhance the mobility of pedestrians who both will reside in the proposed subdivision, as well as those who may use this facility but will not reside in the new subdivision. As was addressed earlier in this report, frontage improvements are being required along Clear Lake Rd that will bring the street design up to the standards required for a collector street and Timothy Lane will be improved, providing sidewalks as a part of the street design. Galina Ct is shown on the applicant’s site plan as providing sidewalks on only the north side of the street. However, as was previously addressed, staff is recommending sidewalks be provided along both sides of Galina Ct and be eliminated on the outside of the proposed hammerhead turnaround area. Staff finds this proposal will comply with this criterion. j. Section 2.310.06.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 to provide for an adequate level of night-time illumination. The Keizer Police Department also submitted comments concerning the necessity for adequate street lighting to be provided. A street lighting district will be required for the proposed development. This will assure street lighting improvements will provide for a safe, livable development and shall comply with the City regulations and requirements. Therefore, this proposal will comply with this criterion. k. Section 2.310.06.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 are in wrong locations or a design that are not consistent with city standards. A street sign will be required at the intersection of Timothy Lane and the newly proposed street subject to City approval. With this placed as a condition that the location, placement, and type of sign are in accordance with city requirements, staff finds this proposal will comply with this section. l. Section 2.310.06.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 2.310.06.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. FINDINGS: With this placed as a condition of approval, the application will comply with this criterion. n. Section 2.310.06.N - Street Trees. Street tree planting is mandatory where a planting strip is part of the street design. Plantings shall conform to Section 2.302.03(M). FINDINGS: A planter strip will be required as a part of the improvements of the frontage along Clear Lake Rd. As such, tree planting consistent with the city’s requirements will be required. This requirement was addressed previously in this report as well. With a condition of approval requiring street trees, this application will comply with this criterion. o. Section 2.310.06.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: The property is relatively flat. The submitted materials do not show that fill will be brought into the site; however, this requirement is a State Building Code requirement and is intended as advisory at this point of the subdivision review. p. Section 2.310.06.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 3.108.06.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 lots 1 and 6 may be developed with duplexes and lots 2-5 will be developed with single-family homes. The subject property is zoned RS. Section 2.102.05.A of the Keizer Development Code requires that each lot to be developed with a residential use contain a minimum average width of 40 feet and a depth of 70 feet. All of the proposed lots exceed this provision. It should be noted that lot 1 and lot 2 are considered through


lots and therefore the minimum depth of lot 1 and 2 must be 100 feet. This issue is addressed at length elsewhere in this report. But it should be noted the subdivision layout will need to be modified to meet the lot depth standard for through lots. Section 2.102.06.I specifies a minimum density of 4 units per acre and a maximum density of 8 units per acre for property that is subdivided. The proposed subdivision is 1.13 acres in area and is proposed to be subdivided into 6 lots which could contain as many as 8 dwelling units when developed. This is equal to a density of 7.08 dwellings per acre. This proposal complies with the minimum lot dimension and density requirements of this section of the code. Section 2.102.05.B contains the setback requirements in the RS zone. The applicant’s proposal will necessitate the removal of the existing home and garage structure. The applicant’s site plan indicates the home and garage will be removed. This will be placed as a condition of subdivision approval, and must be accomplished prior to final plat approval. With this condition of approval, staff finds this proposal will satisfy this criterion. C. SECTION 3.108.06.C - ADEQUATE PUBLIC FACILITIES SHALL BE AVAILABLE TO SERVE THE EXISTING AND NEWLY CREATED PARCELS. 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. With the requirement that the applicant be responsible for providing adequate public facilities as addressed in this report, staff finds this application will comply with this criterion. D. SECTION 3.108.06.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 City of Keizer has traditionally required developers to dedicate property for and construct standard street, sidewalk, sanitary sewer, storm drain and water supply improvements in subdivisions to meet the basic needs created by the development. The absence, in this instance, of the required street improvements would be cause for denial of the application on the basis that adequate street facilities are not available to serve the site. These traditional street improvements have been


imposed to avoid excessive congestion, negative safety impacts and provide basic services to preserve the health of the community and the residents of the proposed development. Such street improvements and dedications are now, and have traditionally been, part of the cost considered in the developer's reasonable investment-backed expectations for constructing the subdivision. The applicant proposes a six (6) lot subdivision for residential development. The development features access from a newly proposed street and is adjacent to two existing streets (Clear Lake Rd and Timothy Lane) which are proposed and will be required to be improved. The necessary improvement of a street is identified in Keizer Development Code Section 2.302.04. The table set forth in such section indicates the minimum improvements and right of way widths required. The improvement of streets adjacent to 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 designated 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 the fronting streets is based on the cumulative traffic impacts from the development of properties in the area which will use the streets. Clear Lake Rd is classified in the city’s TSP as a collector street and Timothy Lane and the newly proposed Galina Ct are considered local streets. Functional classification 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 generate additional vehicle trips per day that will contribute to the cumulative traffic impact of the streets. Previously addressed in this report is the fact that additional right of way will be required to be dedicated along the Clear Lake Rd frontage (approximately 14 feet) and at the intersection with Timothy Lane, in order to provide adequate width for the collector street and to provide a curb radii of 35 feet for the intersection of the collector and local street. Public Works has commented that street widening, a new curb, 5 foot wide planter strip, and 6 foot wide separated sidewalk be provided along the frontage of Clear Lake Rd. It should be noted the right of way being dedicated along Clear Lake Rd will allow for a total of 34 feet of right of way from the existing centerline in Clear Lake Rd, which is half of the 68 feet required for a collector street. No dedications are required along Timothy Lane, but the developer will be required to complete the half street improvement as previously outlined in this report. Dedication and improvement of the newly proposed street serving the development will also be required as previously outlined in the report. Staff finds the required dedication and improvements are roughly proportional to the impact of the subdivision request.


VI. RECOMMENDATION AND CONDITIONS FOR SUBDIVISION

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. General Requirements: 1. The required improvements for Galina Ct will be required to be consistent with Section

2.302. Staff is recommending Galina Ct be constructed to a Local II standard in order to allow parking and sidewalks to be provided on both sides of the street. Final improvement design of Galina Ct must be approved by the Public Works department.

2. Galina Ct is proposed to be terminated with a 25 foot by 60 foot hammerhead type turnaround in lieu of a bulb cul-de-sac, which has been determined to be acceptable to the City. No parking will be allowed in the turnaround area and appropriate no parking signs and delineations will be required to designate the turnaround area as a fire lane.

3. The required improvements for Timothy Lane will be required to be consistent with Section 2.302 of the KDC. Staff is recommending Timothy Lane be constructed to a Local V standard. The exact design and construction of Timothy Lane will be regulated through the public improvement permit review and approval process, and will be required to comply with the City of Keizer Design Standards

4. Street trees shall be planted at a ratio of one tree per 30 feet of property frontage along Clear Lake Rd and shall conform to the City’s specifications. Installation of street trees shall be included in any improvement agreement covering the installation of public facilities and services on the property. Planting strips shall be planted and maintained in predominantly living groundcover materials, as approved through the public improvement permitting process. To alleviate confusion, information regarding the care and maintenance of this landscaping strip should be included in the CC&R’s, Home Owners’ Association Agreement or other similar type of agreement approved by the Community Development Department.

5. The following requirements are regulated and must be met to the satisfaction of the Public Works Department regarding sanitary sewers, water systems, street and drainage improvements, and other requirements:

SANITARY SEWERS: The subject property is located outside the original Keizer Sewer District. Therefore, a sanitary sewer trunk line acreage fee will be required. The current rate is $7,460.00 per acre. 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 Public Works Department for review and determination of compliance with the City’s Master Sewer Plan for the area.

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 in a form which meets the City of Salem Design Standards and shown on the subdivision plat. The two existing sanitary sewer services in Clear Lake Road shall be abandoned per the requirements and standards of the City of Salem. Costs of the abandonment shall be the responsibility of the developer.

c) It will be the responsibility of the developers 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 eliminate any conflicts between existing wells and proposed sanitary sewers.

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. The Master Water Plan indicates a 12 inch water main along Clear Lake Road. The Developer will be required to construct a 12 inch water main from the current existing main near Timothy Lane to the existing main east of the subject property. Appropriate easements for all public water mains, fire hydrants and private services 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. A 4 inch water main will be required to serve the lots with access onto the proposed Galina Ct. The water service line easements shown on the application plan will not be acceptable to the Public Works Department.

b.) Final development plans shall be reviewed by the Marion County Fire District No. 1 with regard to access and adequate location of fire hydrants prior to any issuance of Public Construction permits by the City of Keizer. All required fire hydrants shall be served by an 8 inch water main.

c.) Any existing wells on the subject property shall be abandoned in accordance with the Oregon State Water Resources Department requirements. The developer shall provide evidence to the Public Works Department that any abandonment of existing wells has been completed in accordance with such requirements.

d.) Location of all meters to be approved by the Public Works Department.

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's Master Storm Drain Plan for this area of Keizer. The development is within a critical storm water basin.

b.) Storm water quality and detention improvements will be required in conformance with the City of Keizer Public Works Department Design Standards. The developer's engineer shall conduct on-site percolation tests, (the location and frequency of tests are to be determined by the City of Keizer Public Works Department) to determine the suitability of the soils for the proposed disposal system. The percolation test and soil analysis shall be performed by a qualified geotechnical engineer. Storm Water calculations shall be submitted in conjunction with the project design drawings and shall indicate how the development complies with the City of Keizer Public Works Design Standards for the basin. All storm water runoff from the property shall be kept on site.

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 and shall include existing elevations and proposed lot corner elevations. The plan shall be submitted to and approved by the Public Works Department prior to the issuance of any Public Construction 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 Design Standards. Additional information regarding street grades, site grading, inverts, etc., will be required for review prior to any plan approval. The developer’s engineer shall take into consideration the existing swale located adjacent to the subject property on the east property line. No fill will be allowed to be placed in the swale.

d.) Clear Lake Road’s functional classification is identified in the City of Keizer’s Transportation System Plan (TSP) as a Collector. The required right of way width for a Collector as identified in the TSP is 68 feet. The current right of way width of the Clear Lake Road is 40 feet. Therefore the proposed subdivision will be required to dedicate an additional 14 feet of right of way along the Clear Lake Road frontage for a total of 34 feet from the existing centerline to the new right of way line. Additional right of way will be required at the intersection of Clear Lake Road and Timothy Lane to meet the 35 foot radii standard per the City of Keizer Design Standards. Per the City of Keizer Design Standards for a Collector Street the proposed subdivision will be required to construct a street widening of Clear Lake Road which shall include a new curb, 5 foot planter strip, and a 6 foot separated sidewalk. Any sidewalk requirements associated with proposed Lots 1, 2, and 3 along the frontage of Clear Lake Road shall be constructed at the time of public improvements for the new subdivision. Any existing driveways along Clear Lake Road shall be closed. No new driveway accesses will be allowed along the Clear Lake Road street frontage. Galina Ct. is proposed to be 30 feet in width curb to curb in a 44 foot right of way. That width is acceptable to the Public Works Department. The proposed turn around will be required to be a minimum of 25 feet in width, curb to curb, and 60 feet in length, curb to curb. Sidewalks will be required on both sides of Galina Ct.


OTHER a.) Construction permits are required by the Public Works Department prior to any public

facility construction.

b.) A Pre-design meeting with the City of Keizer Public Works Department 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 TV. lines shall be submitted to the Public Works Department for review prior to the Department issuing construction permits for the proposed project.

g.) Erosion control permits shall be obtained from the City of Keizer prior to the disturbance of any soil on the subject property. Additionally, if required by the Oregon Department of Environmental Quality, a 1200-C permit will be required from the Oregon Department of Environmental Quality and furnished to the City of Keizer by the developer prior to issuance of an erosion control permit.

h.) Developer shall coordinate the location of mailboxes with the U.S. Postal Service.

i.) A street lighting district will be required for the proposed development. Prior to Preliminary Plat Approval:

6. The street name for the proposed new street (Galina Ct) must receive street name approval

and will be required to be shown on the plat. The applicant has submitted street names for review as a part of their subdivision application. Assignment of the street name will take place after the final decision is rendered, at the time of check-plat review and approval.

7. 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.

a. Subdivision name must be approved per Oregon Revised Statue 92.090. b. Must be surveyed and platted per Oregon Revised Statue 92.050. c. Subdivision plat must be submitted for review.


d. Checking fee and recording fees required. e. Per Oregon Revised Statue 92.065 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. 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.

The detailed preliminary plat shall include the following provisions:

g. The preliminary plat shall substantially conform to the proposed subdivision request.

h. Include all engineering elements as required by the Department of Public Works. i. 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.

j. 10 foot wide public utility easements (PUE) shall be shown along all dedicated right of ways.

k. All lots must conform to the lot dimension standards within the RS zone. The final plat must show both gross and net area calculations.

l. Lot 1 and lot 2 must be a minimum of 100 feet deep. m. Include all dedication as required by Public Works. n. Access Easement area serving lot 3 shall be shown on the plat and shall comply

with city standards. o. Of no CC&R’s, Homeowner’s Agreements or other similar instrument are

provided, include on the plat, language indicating that a maintenance agreement for the shared access easement will be recorded along with the final plat. The following language is acceptable language to the City:

A Maintenance agreement for the shared access easement has been recorded on this ____ day of _____, 201_ in reel ___ page _____ of the Marion County Oregon Deed of Records

8. 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 3.108.07 of the Keizer Development Code. The number of streetscape and replacement trees required for each lot. The following information should be included within the instrument(s):

a. Information regarding streetscape and replacement trees requirements for each lot. b. Information regarding required on-site parking requirements for each lot. c. Information regarding any future removal of significant trees for construction

purposes. d. Access easement agreements and maintenance responsibilities.


e. Access restriction to Clear Lake Rd. f. Maintenance of street landscaping along Clear Lake Rd. g. Maintenance of screen planting or buffering along lots 1-3. h. Fence requirements for lot 5 and lot 6.

Prior to Final Plat approval:

9. A screen planting or buffering of some type will be required along the north property lines of lots 1 through 3. This can be accomplished by providing buffering as outlined in Section 2.309.05, or an alternative plan may be proposed for review and approval by the Community Development Department prior to final plat approval. These requirements shall be included in any CC&R’s, Home Owners’ Association Agreement, or other agreement governing the subdivision development. The proposed landscaping, fencing, or buffering should be mindful of vision clearance impacts to the intersection of Timothy Ln and Clear Lake Rd.

10. The maintenance and replacement of the access easement 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 include language stipulating that the agreement cannot be extinguished without written approval of the City of Keizer.

11. The existing home and detached garage must be removed or relocated and/or modified

to comply with all setback provisions of the Keizer Development Code.

12. The applicant shall submit a revised Tree Replacement Plan to the Community Development department for review and approval, showing the approximate location of all trees to be planted. Taking into consideration the requirements for streetscape trees, staff has determined that a total of 21 replacement trees (in addition to the required streetscape trees) will need to be provided.

Taking into consideration the requirement for streetscape tree planting and the applicant’s proposal to provide 3 trees per lot, staff suggests the applicant modify the tree replacement plan and provide some of the required replacement trees off-site. It seems that it would be feasible to provide 11 replacement trees within the subdivision and 10 trees off-site. This could be accomplished by providing the following: 1 replacement tree on lot 1 and lot 6; 3 replacement trees on Lot 3; and 2 replacement trees on lot 2, lot 4, and lot 5. If off-site mitigation is implemented, arrangements for the installation of those off site trees must be guaranteed prior to recording the final plat.

13. 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.


14. A recorded restriction indicating no vehicular access shall be allowed from any lots to Clear Lake Road.

15. 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 which conforms to the agreements submitted during preliminary plat approval.

16. The final plat for the subdivision shall be recorded within 1 year from the date of final decision on this application. A one year extension may be approved by the Community Development Director. Requests for extensions must be received in writing at least thirty days prior to the one year time period.

Prior To Obtaining Building Permit(s):

17. 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.

Prior to Obtaining Building Permit Final for each dwelling within the Subdivision:

18. 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. The construction and paving of the access easement and turn around area shall be completed prior to final building permit approval on lot 3.

19. The residential address requirements found in the Oregon Uniform Fire Code shall be

completed as approved by Keizer Fire District and Community Development Department.

20. Streetscape trees will be required to be planted prior to final building permit approvals:

Lot 1 and 6 must plant 4 streetscape trees (2 along Timothy Lane and 2 along Galina Ct) 2 must plant 2 streetscape trees adjacent to the proposed access easement. Lot 2, 4, and 5 must plant 1 streetscape trees adjacent to Galina Ct.

21. Trees designated as replacement trees from final approved Tree Replacement Plan must

be planted within the subdivision for each individual lot as required.

22. Three (3) parking spaces shall be provided for each dwelling unit within the subdivision. Lots 2, 3, 4, and 5 are proposing to provide 3 on-site parking spaces, since there is no on street parking area allowed within the hammerhead turnaround. Lot 1 and lot 6 are proposed to be developed with duplexes. 2 parking spaces per unit must be provided on site, and the applicant must demonstrate where the additional 3rd parking space for each of the duplex units will be provided. Parking spaces must be a minimum 9’ wide and 18’ long. As an alternative, the applicant may submit an alternate parking plan


demonstrating how the required parking needs will be satisfied.

23. A six foot tall sight obscuring fence shall be installed along the south property boundary of lot 5 and lot 6. This requirement may be waived upon written approval by the current adjacent property owner. It shall be the responsibility of the applicant to submit documentation to the City if waiving of this request is desired by the adjacent property owner.

24. Applicant or any contractors building on lots shall comply with all applicable city

regulations regarding noise, dust, times of construction, etc.

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20013

49.35

111.71

1.3412

78.08

50.00

39.27165.29

47.04

11.05

34.73

159.831.23 AC

59.88

29.23

159.88

74200

43006000

44004500

46004700

6

27.52

39.29

28.95

139.92

EST.50.00

270041.05

36.53

27.5297.43

199

70.02

78.10 AC

1981-0093

1011

1517

13.57

16

93.08

208

186100

94.9132.08

15.83

14.4510.22

223.57

6400

7.10

46.21109.69

28.23

39.62

650050.08

113.00

113.00

55.006200

55.00

113.00

4800

109.32

41.936300

2139.92

57.0057.00

79.0028.34

7.97

47.75

109.55

138.06

86.50

100.9665.05

83.70

95.37

50.00

76.21

47.00

11.28

100.00

100.00

2649.79

2524

S89 45E 264.9727

S89 45E 259.39

9.42

39.9049005300

520022

235400

338.84

0.29 AC

49.19

1500JUNE REID

EST.

36.55

1981-0170

51001.72 AC

5000

546.36

3001.25 AC

93.37

60.00

113.42

57.00

113.37

57.00

113.33

57.01

111.52

92.80

57.48107.00

121.33

65.3255.03

55.0355.03

55.0355.03

55.037800

76007400

7200

171.67

77007500

7300

208.13

285.94

84.01

103.78

103.39

103.58

103.19

102.99

7

102.60

102.80

46

52

31

28.28

S0 2W 236.80

45.3055.03

74.74

55.0355.03

55.0355.03

55.05N89 45W

260.94

40036.73

50.00

44.57ESTATES

1.25 AC28.28

82.7252.21

52.2152.22

71.88

7900N89 45W

262.5028.28

88008900

86008700

70.19

N89 45W 305.00

8

15.44

41.01

100.14

92.31

72.29

1400

100.00

1981-

100.00

100.00

100.00

800018

1.00 AC0172

1716

15

N0 02E 208.13

102.70

55.00

9

55.00

52.2152.21

208.13

52.24100.14

142.82

55.249000

70.9285.74

142.82

50.45198100

94009300

WHEATLAND50.45

102.69

55.00

73.45

10

55.00

2223

73.47

73.49

9100S89 45E 305.00

100.14N89 45W

260.9470.92

65.76

50.452064.38

64.45

50.45

64.638200

73.46

395.45

102.68S89 45E 291.72

97009900

119500

55.00

96009800

55.00

100009200

100.14500

40.26

25

70.56

91.70

80.00

91.42

80.00

80.00

21

90.87

80.00

91.15

291.14 AC

24

60.25

830026

2728

28.2828.27

82.6770.92

20

262.30

65.79

52.00

52.00

1264.35

64.4564.63

53.41100.14

18.77

189.20

840013

26.24

52.00

46.4656.76

26.2056.76

56.7656.76

56.7656.76

S00 02W 189.20

7.5556.76

94.3343.96

108007

1060010400

19.4610200

28.2916.64

850010100

24.1914

88.68

88.50

89.03

30.47

57.25

10900

88.85

89.39

291.7237

89.21

36464.76

35

89.58

10700

3433

89.77

17.49

10500

3832

10300

11.3913.81

31MEADOWS

97.0085.39

47.9369.97

3045.00

45.0011.54

45.0079.58

45.0045.00

56.7656.76

45.0045.00

30.0356.76

45.0056.76

56.7616500

50.0056.76

56.7654.00

60036.42

47.0047.00

63.91TR'F'

47.0047.00

47.0051.92

1.33 AC204.92

77.12

16100

86.49

TRACT 'B'

86.59

49.63

17.70

86.60

62.61

20.14

86.61

12500

62.63

86.62

17

86.63

80.27 AC

86.66

12600

86.64

86.65

1615

12000

12400

11900

12300

12200

11700

14

47.02

12100

13

11800

12

6.85

86.52

86.42

70.49

11

86.31

81.47

76.38

11400

9

86.20

11600

101

11200

11300

49.17

11100

33.94

7

11500

1.10

62

11000

5.38

396.15

45

39.6245.00

74.2545.00

45.0045.00

45.0045.00

45.0025.8

33.9845.11

30.1447.00

47.2647.00

15.93

7.57

47.0039.66

88.76

198.10

198.10

82.34

28.22

1270024.99

30.9345.00

45.0045.00

40.1652

4945.00

5354

45.00

45.0055

5638.01

45.0023.41

2245.00

2845.00

5758

5963.13

60

10.85

110051.54

38.33

50.00

9.85

30.4152.85

20.37

61

41.71

62

1.52

101.3515700

25' ACCESS EASEMENT

PARCEL 215600

31.96

6.563

63.89

7812800

27.5979

0.22 AC

79.92

79.71

79.51

48.81

19.65

79.31

50

79.11

56.94

13300

21.86

13200

49.87

1300053.43

78.91

13100

13500

13400

41.69

78.70

78.50

13600

16400

78.30

78.14

13700

78.03

13800

28.27

291.72

77.93

29.52

13900

14000

74.3638.96

73.9358.60

9.51

42.91

33.80

14100

48.28

0.8845.00

TR'D'15500

50.60

45.00

TR'E'

AVALON90.14

45.0045.00

45.0015800

28.3445.00

7780

45.0050.00

40.00

45.00

700

45.00

45.0016300

15.57

51.56

156.72

156.41

0.54 AC

51.24

36.5923.42

91.55

PP 01 -11

171.81

31.7174.88

39.08

21.4029.49

80.00

3.96

15900

TRACT 'C'

81

79.53

15400

14200

80.00

79.39

79.25

14400

6431.71

78.98

1460079.11

50.15

78.84

14300

12900

37.50

14500

14800

6566

78.70

76

78.56

14700

15000

67

42.23

6875

78.42

69

78.27

70

78.11

77.95

5172

45.00

1490071

15200

28.2540.42

15300

2.7573

74

57.16

291.7212.50

16200

15100

90.9331.04

45.0045.00

45.0045.00

45.0045.00

75.4645.00

45.00110.97

50.0051.58

50.0028.75

39.34269.70

80056.30

N89 48 36W 269.83

0.87 AC900

68.62571.37

82.310.67 AC

80.71

MEADOWS

16000TRACT 'A'

1.76 AC

100.13

130.00

100.00

130.00

100.00

N89 45W 291.72

105.00

65.00

N89 45W 291.72

30'

WHEATLAND ROAD

20'

30'

20'

20'

60'

64'CLEAR LAKE

40'

RD NE

40'

30'

GILES WAY

AVE

48'

PLACELEONARD

25'

36'

36'

STONEBRIDGE AVE

R=36

44'

PINEHURST LN

54'

54'

46'

ST CHARLES PLACE

NE

CTJANI

44'

STREET

ERIKA AVENUE

46'

ST. CHARLES

46'

CLEAR LAKE RD

30'

34'

NEC R 613

34'

20'

48'44

60'

ST

BRUNNER CT

44'

R=45'

MYKALA

MYKALA STR=35'

44

JUNE REID PLACE NELENT CT

44'

R=45'

60'

48'

TIMOTHY LANE

46'

MADDY AVE

46'

60'

46'R=45'

17.5'

25'30'

CALEB ST

46'

KIRBY AVENUE NE

46'25'

30'

46'36'

36'

HARBOUR LANE NE

EXPLORERPLACE

32'

32'

32'

TIMOTHY LANE

25'TAURUS LOOP NE

46

WISDOMAVE

44

ST

CTR SEC1/16 COR

1/16 COR1/16 COR

924 20 21 0

SEE MAP063W23B

SEE MAP063W23A

SEE MAP063W23AC

SEE MAP063W23CA

SEE MAP063W23DA

SEE MAP063W23CD

SEE MAP063W23DD

SEE MAP063W23DC

MARION COUNTY, OREGONNW1/4 SE1/4 SEC23 T6S R3W W.M.

KEIZERKEIZER

06 3W 23DB

06 3W 23DB

SCALE 1" = 100'

FOR ADDITIONAL MAPS VISIT OUR WEBSITE AT

www.co.marion.or.us

DISCLAIMER: THIS MAP WAS PREPAREDFOR ASSESSMENT PURPOSES ONLY

06 3W 23DB

06 3W 23DB

KEIZERKEIZER

06 3W 23DB

06 3W 23DB

06 3W 23DB

06 3W 23DB

LEGENDLINE TYPES

SYMBOL TYPES

Section Corner<Ò 15

162122

R!

DLC Corner.

Road Station!

Survey Monument

Waterline - Non Bndry

Railroad Centerline

Historical BoundaryEasement

Taxcode LineMap Boundary

Ð1/16TH Section Cor.

<Ò1/4 Section Cor.

Road Right-of-WayTaxlot Boundary

Railroad Right-of-WayPrivate Road ROWSubdivision/Plat BndryWaterline - Taxlot Bndry

NUMBERSTax Code Number000 00 00 0

All acres listed are Net Acres, excluding anyportions of the taxlot within public ROWs

Acreage

Tick Marks:If a tick mark is indicated on the end of a line,

then the dimension goes to the tick mark. This is usedwhen dimensions extend into public right-of-ways.

0.25 AC

NOTES

200.00175.00

PLOT DATE: 7/6/2016

CANCELLED NUMBERS1000120013001600170018001801180218032000

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Exhibit 1

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Exhibit 2

TO: SHANE WITHAM, ASSOCIATE PLANNER RE: SUBDIVISION CASE NO. 2016-25 (GENE MAKARENKO) DATE: NOVEMBER 22, 2016 PUBLIC WORKS DEPARTMENT REQUIREMENTS: The application is for 6 lots on 1.13 acres. SANITARY SEWERS: The subject property is located outside the original Keizer Sewer District. Therefore, a sanitary sewer trunk line acreage fee will be required. The current rate is $7,460.00 per acre.

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 Public Works Department for review and determination of compliance with the City’s Master Sewer Plan for the area.

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 in a form which meets the City of Salem Design Standards and shown on the subdivision plat. The two existing sanitary sewer services in Clear Lake Road shall be abandoned per the requirements and standards of the City of Salem. Costs of the abandonment shall be the responsibility of the developer.

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 eliminate any conflicts between existing wells and proposed sanitary sewers.

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. The Master Water Plan indicates a 12 inch water main along Clear Lake Road. The Developer will be required to construct a 12 inch water main from the current existing main near Timothy Lane to the existing main east of the subject property. Appropriate easements for all public water mains, fire hydrants and private services 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. A 4 inch water main will be required to serve the lots with access onto the proposed Galina Ct. The water service line easements shown on the application plan will not be acceptable to the Public Works Department.

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Exhibit 3

b.) Final development plans shall be reviewed by the Marion County Fire

District No. 1 with regard to access and adequate location of fire hydrants prior to any issuance of Public Construction permits by the City of Keizer. All required fire hydrants shall be served by an 8 inch water main.

c.) Any existing wells on the subject property shall be abandoned in

accordance with the Oregon State Water Resources Department requirements. The developer shall provide evidence to the Public Works Department that any abandonment of existing wells has been completed in accordance with such requirements.

d.) Location of all meters to be approved by the Public Works Department.

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's Master Storm Drain Plan for this area of Keizer. The development is within a critical storm water basin.

b.) Storm water quality and detention improvements will be required in

conformance with the City of Keizer Public Works Department Design Standards. The developer's engineer shall conduct on-site percolation tests, (the location and frequency of tests are to be determined by the City of Keizer Public Works Department) to determine the suitability of the soils for the proposed disposal system. The percolation test and soil analysis shall be performed by a qualified geotechnical engineer. Storm Water calculations shall be submitted in conjunction with the project design drawings and shall indicate how the development complies with the City of Keizer Public Works Design Standards for the basin. All storm water runoff from the property shall be kept on site.

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 and shall include existing elevations and proposed lot corner elevations. The plan shall be submitted to and approved by the Public Works Department prior to the issuance of any Public Construction 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 Design Standards. Additional information regarding street grades, site grading, inverts, etc., will be required for review prior to any plan approval. The developer’s engineer shall take into consideration the existing swale located adjacent to the subject property on the east property line. No fill will be allowed to be placed in the swale.

d.) Clear Lake Road’s functional classification is identified in the City of Keizer’s Transportation System Plan (TSP) as a Collector. The required right of way width for a Collector as identified in the TSP is 68 feet. The current right of way width of the Clear Lake Road is 40 feet. Therefore the proposed subdivision will be required to dedicate an additional 14 feet of

right of way along the Clear Lake Road frontage for a total of 34 feet from the existing centerline to the new right of way line. Additional right of way will be required at the intersection of Clear Lake Road and Timothy Lane to meet the 35 foot radii standard per the City of Keizer Design Standards. Per the City of Keizer Design Standards for a Collector Street the proposed subdivision will be required to construct a street widening of Clear Lake Road which shall include a new curb, 5 foot planter strip, and a 6 foot separated sidewalk. Any sidewalk requirements associated with proposed Lots 1, 2, and 3 along the frontage of Clear Lake Road shall be constructed at the time of public improvements for the new subdivision. Any existing driveways along Clear Lake Road shall be closed. No new driveway accesses will be allowed along the Clear Lake Road street frontage. Galina Ct. is proposed to be 30 feet in width curb to curb in a 44 foot right of way. That width is acceptable to the Public Works Department. The proposed turn around will be required to be a minimum of 25 feet in width, curb to curb, and 60 feet in length, curb to curb. Sidewalks will be required on both sides of Galina Ct.

OTHER a.) Construction permits are required by the Public Works Department prior to

any public facility construction.

b.) A Pre-design meeting with the City of Keizer Public Works Department 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 TV. lines shall be submitted to the Public Works Department for review prior to the Department issuing construction permits for the proposed project.

g.) Erosion control permits shall be obtained from the City of Keizer prior to

the disturbance of any soil on the subject property. Additionally, if required by the Oregon Department of Environmental Quality, a 1200-C permit will be required from the Oregon Department of Environmental Quality and furnished to the City of Keizer by the developer prior to issuance of an erosion control permit.

h.) Developer shall coordinate the location of mailboxes with the U.S. Postal

Service. i.) A street lighting district will be required for the proposed development.

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Exhibit 4

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Exhibit 5

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Exhibit 6

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Exhibit 7

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Exhibit 8

From: Mikal MitchellTo: Witham, ShaneSubject: Comments on Subdivision Case No. 2016-25Date: Tuesday, November 22, 2016 10:01:12 PM

Date: November 22, 2016

To: Shane Witham, Associate Planner, Keizer Planning Department

From: Mikal and Nicole Mitchell (1325 Clearlake Rd. NE, Keizer, OR, 97303)

Subject: Subdivision Case No. 2016-25

Please find our comments below related to the subject case named above.

1. Given the change in zoning, we are interested in seeing the Traffic Impact Analysis thatappears to be required with the development application according to Section 2.301.04Paragraph C.

2. It is unclear why the sidewalk does not continue along the south side of Galina Ct. Perhapsit is planned but just not shown in the site plan. We suggest approval be contingent oninclusion of a sidewalk on all sides of Galina Ct.

3. In general, there appear to be a number of discrepancies between the written descriptionand site plan provided particularly with respect to parking for the duplex lots. It is difficult toassess if the proposed subdivision is able to provide the required off-street parking for theduplex lots. With this in mind, we suggest that approval of the subdivision be contingent onLots 1 and 6 being single family dwelling lots.

4. If duplex lots are allowed for Lots 1 and 6, we suggest that approval of the subdivision becontingent on development of those lots being in conformance with Section 2.403.03 witheach dwelling unit deriving its pedestrian and vehicular access from a different street.

5. We are interested to see where and how stormwater from Galina Ct. will be collected andtreated since there does not appear to be a bio-swale behind the curb on Galina Ct.

6. While minor in nature, it appears our mailbox will be impacted by the improvementsrequired on Clearlake Rd. We are interested to see how this will be addressed.

Thank you for your time and consideration. We appreciate being included in this process.

mailto:[email protected]

mailto:[email protected]

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Exhibit 9

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