Subdivision Denial

8/17/2019 Subdivision Denial

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503 588 6173

August 31, 20

DECISION

OF THE PLANNING ADMINISTRATOR

7 g)

SUBDIVISION CASE NO.

SU815-02

APPLICATION NO.: 15-108220-LD

NOTICE

OF

DECISION DATE: AUGUST 20,2015

REQUEST: A subdivision to divide an unplatted unit of land comprising the Creekside Golf

Club into 4 lots. Three of the lots range in size from approximately 9,088 square feet to 9,682

square feet, with the fourth lot remaining as part of the golf course. The applicant's proposal

shows Lot 4 as consisting of the remainder of the 14th fairway only, an area of approximately

4.26 acres. However, the property being divided consists of the entire golf course, so Lot 4

will include the entire remainder of the course, which totals approximately 134.2 acres in size.

The subject property is zoned R (Residential Agriculture) and is located

on

the 900 Block of

Creekside Drive

SE

(Marion County Assessor's Map and Tax Lot Numbers: 083W22 00111;

083W22BA0700; and 083W22AA03900).

APPLICANT:

CREEKSIDE GOLF

COURSE LLC (TERRY KELLY DENNIS WHITLOCK)

LOCATION: 900 BLOCK OF

CREEKSIDE

DR SE /97306

CRITERIA: Salem Revised Code 205.010 d)

DECISION: The Planning Administrator DENIED tentative Subdivision Case No. SUB15-

02 subject to the applicable standards of the Salem Revised Code, the

findings contained herein.

A copy of the decision

is

attached.

Application Deemed Complete: June 5 2015

Notice of Decision Mailing Date: August 20, 2015

Decision Effective Date: September

5

2015

State Mandate Date: October 3 2015

Case Manager: Chris Green, Planner II 503-540-2326 or [email protected]

This decision is final unless written appeal from an aggrieved party is filed with the City of Salem

Planning Division, Room 305, 555 Liberty Street SE, Salem OR 97301, no later than 5:00p.m.,

September

4

2015. The notice of appeal must contain the information required by SRC

300,1020 and must state where the decision failed to conform to the provisions of the applicable

code section, SRC Chapter 205.010(d). The appeal

must

be filed in duplicate with the City of

Salem Planning Division. The appeal fee must be paid at the time of filing. If the appeal

is

untimely and/or lacks the proper fee, the appeal will be rejected. The Planning Commission will

review the appeal at a public hearing. After the hearing, the Planning Commission may amend,

rescind, or affirm the action, or refer the matter to staff for additional information.

The complete case file, including findings, conclusions and conditions of approval, if any, is

available for review at the Planning Division office, Room 305, City Hall, 555 Liberty Street

SE

during regular business hours.

http://www.cityofsalem.net/planning


2/29

BEFORE THE PLANNING ADMINISTRATOR

OF THE CITY OF SALEM

(SUBDIVISION PLAT NO. 15-02)

Si necesita ayuda para

comprender

esta informacion por favor llame 503 588 6173

http:llwww.citvofsalem.netlplanning

IN THE MATTER OF THE

APPROVAL

OF TENTATIVE

SUBDIVISION PLAN N0 15-02;

900 BLOCK OF CREEKSIDE DRIVE SE

)

)

)

)

REQUEST

FINDINGS AND ORDER

AUGUST 20, 2015

A subdivision to divide an unplatted unit

of

land comprising the Creekside Golf Club into 4

lots. Three of the lots range in size from approximately 9,088 square feet to 9,682 square

feet, with the fourth lot remaining as part of the golf course. The applicant s proposal

shows Lot 4 as consisting

of

the remainder

of

the 14th fairway only,

an

area

of

approximately 4.26 acres. However, the property being divided consists of the entire golf

course, so Lot 4 will include the entire remainder of the course, which totals approximately

134.2 acres in size.

The subject property

is

zoned RA (Residential Agriculture) and

is

located on the 900 Block

of Creekside Drive SE (Marion County Assessor s Map and Tax Lot Numbers: 083W22

00111; 083W22BA0700; and 083W22AA03900).

DECISION

The tentative subdivision plan is DENIED subject to the applicable standards of the Salem

Revised Code, the findings contained herein.

PROCEDURAL FINDINGS

1. On April30 2015, an application for tentative subdivision plan was filed proposing to

divide a property located at the 900 Block

of

Creekside Drive SE (Attachment B) into 4

lots. On May 26, 2015, the City notified the applicant that the application was

incomplete, pursuant to ORS 227 .178(2) The applicant s proposal depicts Tax Lot

3900 as the subject property for the subdivision. Amongst the incomplete items, the

City specified that a review

of

the vested deed for the subject property indicated that

the full extent of the property includes the entire Creekside Golf Club course, including

other adjacent tax lots (083W22 00111 and 083W22BA07000) not shown

in

the

proposal.

2. On June 1 2015, the applicant provided some

of

the missing information and a

statement indicating that the applicant now believed the application to be complete. At

that point and to this date the applicant has not provided a site plan or other application

materials showing the full extent of the subject property for the subdivision. Staff later

SUB15 02

Page 1 August20

2015


3/29

confirmed that the applicant had intended to indicate that as of June 1 no other

information would be provided, as described under ORS 227.178(2)(b).

Accordingly, the application was deemed complete for processing as of June 1 2015.

Notice to surrounding property owners was mailed pursuant to Salem Revised Code

(SRC) requirements

on

July

2

2015. Notice was posted

on

the subject property

pursuant to SRC requirements on July

6

2015. The applicant has granted the City one

30-day extension and two subsequent 14-day extensions of the 120-day state

mandated deadline for final local decision, to November 26 2015.

3.

On August

14

2015, the applicant submitted additional evidence describing the

ownership and land use history of the subject property. The applicant contends that this

evidence demonstrates that Tax Lot 3900 is a separate unit

of

land from the remainder

of the golf course.

SUBSTANTIVE FINDINGS

1

Salem Area

omprehensive Plan

(SACP)

Land Use Plan Map: The subject property is designated Single Family Residential

and Developing Residential on the Salem Area Comprehensive Plan (SACP) Map.

Urban Growth Policies: The subject property is located inside the Salem Urban Growth

Boundary and inside the corporate city limits.

Growth Management: The subject property is outside of the Urban Service Area.

However, the subject property was originally developed under a valid Urban Growth

Declaration and all required facilities are

in

place. An Urban Growth Area Development

Permit

is

not required for the proposed development.

2

Zoning and Land Use

The subject property is zoned RA (Residential Agricultural). Pursuant to SRC

265.015(a)(2)(A), the zoning

of

the subject property will be automatically converted to

RS (Single Family Residential) by operation of law upon the recording of the final

subdivision plat. The

RS

zone generally allows Single Family residential uses, along

with a mix of other compatible uses. The existing golf course is permitted as a special

use, subject to the special use requirements of SRC 700.015,

in

both the RA and

RS

zones. SRC Chapter 511 provides the development standards for the RS zone,

including minimum lot sizes, lot dimensions, setbacks, and lot coverage.

The zoning of surrounding properties is as follows:

North:

South:

East:

West:

SUB15 02

RS (Single Family Residential); RA (Residential Agriculture)

RS (Single Family Residential); RA (Residential Agriculture)

(Across Sunnyside Road SE) RS (Single Family Residential);

RD

(Duplex Residential)

RS (Single Family Residential)

Page 2

August20 2015


4/29

3 Existing Site onditions

The subject property consists o Creekside Golf Club, an 18-hole golf course with a

series o residential subdivisions and planned unit developments surrounding most o

its perimeter. These residential areas have been developed

in

at least

13

phases since

1992. The subject property is a single unit of unplatted land, consisting of three tax lots:

• Tax Lot 3900, (083W22AA03900) approximately 4.9 acres

in

size. The

14th

hole of the golf course and site of the subdivision as proposed.

• Tax Lot 7000, (083W22BA07000) approximately 13.6 acres in size. The 13th

hole o the golf course.

• Tax Lot

111

, (083W22 00111) approximately 116.37 acres in size. Contains

16 o 18 holes o the golf course, plus the clubhouse and other related facilities.

The applicant's tentative subdivision plan proposes to divide only the land within Tax

Lot 3900 into four lots. Tax Lot 3900 consists of the 14th hole o the golf course, and is

lined with 19 single family residences

on

individual lots, developed

in

the 1990s as Golf

Club Estates at Creekside, Phase I (PUD92-2). Although lots developed as part o the

planned unit development abut Tax Lot

3900

on

three

o

four sides, the golf course

is

listed as a save and except area

on

the plat for PUD92-2. Findings adopted as part of

the Planning Commission's approval of PUD92-2 state that the golf course property

is

part of the overall development and is included

in

the Planned Unit Development

review o the tentative plan. This finding serves as the basis for a condition of approval

requiring half-street improvements along

gol

course frontage on Sunnyside Road SE,

south of the intersection with Creekside Drive SE and beyond the platted boundary of

Phase

I.

A further condition o approval requires the applicant to make contact with

appropriate agencies for the review

o

flood plains, creek crossings, and wetlands for

the portion o the golf course impacted by Battle and Jory Creeks, well south

o

Phase

I. These findings and conditions indicate that to the extent that the golf course was

evaluated as part o PUD92-2, it was evaluated as the property encompassing the

entire course, not just the portion containing the 14th hole.

The applicant continued to assert

in

the Planning Commission hearing

on

PUD92-2

and the Review Conference on PUD00-1 (Phase 7) that the golf course was not part o

the original PUD proposal or approval. None o the subdivision plats implementing the

various phases o the overall Creekside development along the perimeter o the

course have included the golf course or any portion of the course as a platted lot. The

golf course has not been dedicated or described as required open space for any

o

the

planned unit developments abutting the course. Access to the

gol

course is provided

by a network of private streets owned by the Creekside Homeowners Association.

4 Proposal

The applicant's tentative subdivision plan proposes to divide only the land within Tax

Lot 3900 into four lots. Three o the lots are intended for residential development

(Attachment

B)

and range

in

size from approximately 9,088 square feet to 9,682 square

SUB15 02

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Augus\20 2015


5/29


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Staff Response:

Existing neighborhoods within the Creekside Homeowners

Association boundaries have been developed through a series of individual

developments, each

of

which have been required to record

an

agreement for

common facilities that create an appropriate common linkage to prior agreements

for earlier phases. Proposed Lots 1-3 would similarly rely on the existing network of

private streets and would therefore

be

subject to the appropriate common linkage

requirement. The private streets abutting the subject property contain water, sewer,

and storm facilities owned by the City.

• Issue #2: Covenants, Conditions, and Restrictions (CC Rs) between the

Creekside HOA and the applicant may prohibit alteration

of

the golf course

boundary.

Staff Response: CC Rs

are an agreement between private parties and therefore

a civil matter. The City does not have the authority to enforce CC Rs or to cite

them as a basis for approving or denying a tentative subdivision approval.

•

Issue

#3: Development of the proposed lots would reduce vision clearance

at the corner of Creekside Drive SE and Crooked Stick Loop SE.

Staff

Response

Development on the proposed lots would be subject to regulations

adopted in Salem Revised Code Chapter 805 to ensure visibility for vehicular,

bicycle, and pedestrian traffic at street intersections. Development

on

proposed Lot

3 a corner lot, would be subject to a 12-foot setback along each street frontage.

Proposed Lots 1 and 2 are located more than 80 feet from the intersection and

would not affect vision clearance.

• Issue 4: Development of the proposed lots would block views for

surrounding properties.

Staff Response: Development on the proposed lots would be subject to Unified

Development Code requirements such as maximum height, maximum lot coverage,

and minimum setbacks. Effect on specific views enjoyed from existing residences

is

not a criterion under the Salem Revised Code for granting or denying a tentative

subdivision approval.

• Issue 5: Development

of

the proposed lots would reduce the value of

homes in the vicinity.

Staff Response:

Effect

on

property values is not a criterion under the Salem

Revised Code for granting or denying a tentative subdivision approval.

• Issue 6: The subdivision would set a precedent for further development of

residential lots

on

other portions

of

the golf course property.

Staff Response: The applicant may develop land in its ownership, subject to

requirements

of

the Unified Development Code. Approval of the proposed

subdivision would not create a precedent that would allow the greater latitude for

SUB15-02 Page 5 August 20, 2015


7/29

future development proposals. The applicant may make similar proposals to

subdivide other portions of its property in the future, regardless of whether or not the

subject subdivision is approved or denied.

7. City Department Comments

A

Salem Fire Department reviewed the proposal and submitted comments indicating

that a minimum of 1 000 gallons per minute at 20 psi is required for one- and two

family dwellings

up

to 3,600 square feet in size. Dwellings exceeding 3,600 square

feet in size will require 1 500 gallons per minute fire flow or installation of an

approved fire sprinkler system

B

The Public Works Department reviewed the proposal and provided comments

pertaining to requirements for streets, storm drainage, water, and sanitary sewer

services. Comments from the Public Works Department are included as Attachment

D

8. Public Agencies, Utilities, and Service

Provider

Comments

Public agencies, utilities, and private service providers were mailed notification of the

proposed application. No public agencies, utilities or other service providers submitted

comments

on

the proposal.

9 Criteria for Granting a

Subdivision

The Salem Revised Code (SRC), which includes the Unified Development Code

(UDC), implements the Salem Area Comprehensive Plan land use goals, and governs

development of property within the city limits. The subdivision process reviews

development for compliance with City standards and requirements contained in the

UDC, the Salem Transportation System Plan (TSP), and the Water, Sewer, and Storm

Drain System Master Plans. A second review occurs for the created lots at the time of

site plan review/building permit review to assure compliance with the UDC. Compliance

with conditions of approval to satisfy the UDC is checked prior to city staff signing the

final subdivision plat.

Salem Revised Code (SRC) Chapter 205.010(d) sets forth the criteria that must be met

before approval

can

be granted to a subdivision request. The following subsections are

organized with approval criteria shown in bold, followed by findings of fact upon which

the Planning Administrator s decision is based. The requirements

of

SRC 205.010(d)

are addressed within the specific findings which evaluate the proposal s conformance

with the applicable criteria. Lack

of

compliance with the following criteria is grounds for

denial of tentative plan or for the issuance of conditions of approval to more fully satisfy

the criteria.

SRC 205.010(d)(1): The tentative subdivision plan complies with the

standards

of

this Chapter and

with

all applicable provisions of the UDC, including

but

not

limited

to, the following:

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6

August 20, 2015


8/29

A) Lot standards, including, but not limited to, standards for lot area, lot

width and depth, lot frontage and designation o front and rear lot lines.

Finding: The proposed subdivision would divide a 4.26-acre portion of the subject

property into 4 lots, with an unplatted remainder of approximately 129.94 acres. The

applicant has not provided information to demonstrate that the lot standards are met

across the full extent of the subject property. As proposed, the subdivision would create

a unit

of

land (the unplatted remainder

of

the subject property) not lawfully established,

and therefore would not comply with all applicable standards of SRC Chapter 205 and

the UDC, including all applicable provisions

of

Chapter 92 of the Oregon Revised

Statutes.

The subject property is currently zoned RA (Residential Agriculture). However, SRC

Chapter 265.015 provides that any land within an RA zone district that is subject to a

subdivision approval shall automatically be re-classified to an RS zone district on the

date the subdivision plat

is

recorded. This provision applies to the subject property.

Because the zoning

of

the property will be changed to

RS

with the recording

of

the plat,

the following analysis

of

the subdivision for conformance with the requirements of the

UDC is based upon the property being rezoned to RS (Single Family Residential). The

minimum lot area requirements of the RS zone are established under SRC 511.01

O a)

as follows:

ot Standards for RS zone see SRC Chapter 511, Table 511-2)

M i ~ i i n u m

s i ~ n C i a r C I

'' y

' ~ ~ < :

Requirement

*

' X

Lot Area (Single Family) 4,000 square feet

Lot Width

40 feet

Lot Depth (Single Family)

70 feet

Street Frontage

40 feet

The lots in the subdivision, as proposed by the applicant, range from approximately

9,088 square feet to 4.26 acres in size. Proposed Lots 1-3 exceed minimum lot area,

dimension, and frontage requirements, and therefore conform to applicable standards.

The applicant does not show the full extent of the subject property on the site plan, and

has not provided dimensional information needed to determine if lot standards are met

across the remainder of the property. Proposed Lots 1-3 are of sufficient size and

dimension to permit future development

of

uses allowed within the zone.

Setback Requirements: SRC Chapter 511 establishes the following setback

standards for development within an RS (Single Family Residential) zone:

Front Yards and Yards Adjacent to Streets:

SUB15-02

Minimum 12 feet (minimum 20 feet when adjacent to a street designated

'Collector', 'Arterial', or 'Parkway')

Minimum 20 feet for garages

Page 7

August 20, 2015


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Rear Yards:

Minimum 14 feet (for any portion of a main building not more than one story

in height); or

Minimum 20 feet (for any portion of a main building greater than one story

in

height)

Interior Side Yards

Minimum 5 feet

Front Lot

Line Designation:

SRC Chapter 800.020(a) establishes front lot line

designation requirements for corner lots, double frontage lots, flag lots, and

all other

lots. For lots that have frontage on a public street, other than corner lots, the front lot

line shall be the property line that has frontage

on

the public street. Corner lots are lots

located at the intersection of two streets, typically with street frontage on two sides.

Provided that lot dimension requirements are met, the front lot line for a corner lot shall

be the property line abutting a street provided by the building permit applicant.

Double Frontage Lots: SRC 511.01 O a) establishes a minimum lot depth of 120 feet

for double frontage lots. Lot 4 as proposed by the applicant would not be a double

frontage lot. A remainder lot covering the full extent of the subject property would have

numerous frontages on streets surrounding and bisecting the golf course, and would

not be considered a double-frontage lot. Setback requirements for the proposed lots

would be reviewed at the time of application for building permits on those individual

lots.

Flag

Lots:

SRC 800.025, allows flag lots

to

be created within subdivisions when the

lots are created in conformance with the flag

lot standards set forth in Table 800-1.

SRC 800.025(e) limits the maximum number

of

flag lots within a subdivision to 15

percent of the proposed lots. The proposed subdivision does not include flag lots.

Therefore, flag lot standards do not apply

to

the proposal.

Street Spacing: SRC 803.030 requires that blocks shall be a maximum of 600 feet

between street centerlines, and not less than 120 feet

and

not more than 400 feet

along the other axis, except where topographical or other physical features dictate

otherwise. The applicant is proposing lots within the existing street and block network

of various phases of Creekside Estates. The proposal would not result in any changes

to existing street spacing or block lengths.

The applicant has not provided information to demonstrate that the criterion is met

across the full extent

of

the subject property. The proposal does not comply with all

applicable standards of SRC Chapter 205 and the UDC, including all applicable

provisions

of

Chapter 92

of

the Oregon Revised Statutes. Therefore, the proposal does

not meet this criterion.

(B) City infrastructure standards

Finding: The Public Works Department reviewed the proposal for compliance with the

City s public facility plans pertaining to the provision of water, sewer, streets, and storm

SUB15-02

Page 8 August 20, 2015


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drainage facilities. While SRC Chapter 205 does not require submission of facility

construction plans prior to tentative subdivision plan approval, it is the responsibility

of

the applicant to design and construct adequate city water, sewer, transportation, and

storm drainage facilities to serve the proposed lots prior to final plat approval without

impeding service to the surrounding area.

A summary of existing improvements are as follows:

Streets: Proposed Lots 1-3 have are bordered

on

the east by Crooked Stick Loop

SE. Proposed Lot 3 also has abuts Creekside Drive SE. Both streets are private

streets maintained by the Creekside Estates Homeowners Association. The

abutting segment of Crooked Stick Loop SE has an approximate 30-foot

improvement within a 40-foot-wide easement, and the abutting segment of

Creekside Drive SE has an approximate 34-foot improvement within a 60-foot-wide

easement.

Water: The Salem Water System Master Plan identifies the subject property as

being located within the S-2 water service level. The Public Works Department

indicates that there is a 6-inch dead end water line located

in

Crooked Stick Loop

SE and a 6-inch water line located in Creekside Drive SE.

anitarv Sewer: The Public Works Department indicates that there are 8-inch

sewer lines located

in

Crooked Stick Loop SE and Creekside Drive SE.

torm Drainage: The Public Works Department indicates that there is

an

8-inch

storm main located

in

Crooked Stick Loop SE.

As indicated by the Public Works Department, water, sewer, and stormwater

infrastructure

is available to serve the proposed development. Such utilities are

provided in conformance with the City's public facility plans.

The

proposal meets this

criterion.

C) Any special development standards, including, but not limited to,

floodplain development, special setbacks, geological or geotechnical

analysis, and vision clearance.

Finding: As conditioned, the proposed subdivision meets some, but not all, applicable

provisions of the Salem Revised Code as detailed below:

SRC Chapter 64 (Comprehensive Planning): The subdivision, as proposed

and

with

conditions of approval, conforms to the Salem Area Wastewater Management

Master Plan, the Stormwater Master Plan, the Water System Master Plan, and the

Salem Transportation System Plan, as detailed in the earlier findings in this section

of

the decision regarding compliance with SRC 205.01 O d) 1 )(B).

SRC Chapter 65 (Excavation and Fills): SRC Chapter 65 (Excavations and Fills)

establishes standards to ensure that any excavation or fill adjacent to public right-of

way or within a public easement, designated waterway, or floodplain overlay zone

creates no imminent danger to public safety or public facilities and does not create a

SUB15-02

Page 9 August 20, 2015


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public nuisance. SRC Chapter 65 also prohibits excavation or fill that causes

surface drainage to flow over adjacent public or private property

in

a volume or

location materially different from that which existed before the grading occurred.

There is no evidence that the subject property cannot be developed consistent with

the provisions o SRC Chapter 65.

Pursuant to SRC 65.040, and prior to any ground disturbing activity, permits shall

be required and obtained from the Public Works Director for any excavation work

adjoining a public right-of-way, or adjoining or within an easement or future right-of

way or easement), or within or adjoining a designated waterway, or within a

floodplain overlay zone.

SRC Chapter 200 Urban Growth Management): The Urban Growth Management

Program, detailed

in

SRC Chapter 200, requires that an Urban Growth Preliminary

Declaration

must be obtained prior to development of property outside the Salem

Urban Service Area. The subject property was originally developed under a valid

Urban Growth Declaration and all required facilities are in place. An Urban Growth

Area Development Permit is not required, and the proposal conforms to the

requirements of SRC Chapter 200.

SRC Chapter 205 Land Division and Reconfiguration): The intent

o

the Land

Division and Reconfiguration code is to provide for orderly development through the

application o appropriate standards and regulations. As described in findings

above, the applicant did not provide a site plan or other application materials

reflecting the entire boundary o the subject property to be divided. Instead, the

applicant proposes to create proposed Lot 4 based on tax lot lines, and leave the

remainder of the subject property as unplatted land. Therefore, the applicant has

not met all application submittal requirements necessary for adequate review o the

proposed subdivision. As proposed, the tentative subdivision cannot comply with

final plat requirements provided under SRC 205.035, including the requirement that

the final plat complies with all applicable provisions

o

Chapter 92

o

the Oregon

Revised Statutes. Therefore, the subdivision does not conform to all applicable SRC

Chapter 205 requirements.

SRC Chapter

5

Single Family Residential): The subject property is currently

zoned RA Residential Agriculture). However, SRC Chapter 265.015 provides that

any land within an RA zone district that is subject to a subdivision approval shall

automatically

be re-classified to an RS zone district on the date the subdivision plat

is recorded. SRC Chapter 511,

RS

Zone, specifies minimum lot size and dimension

requirements, building setbacks, and lot coverage. standards. The three proposed

parcels for residential development are o such size and configuration to provide

reasonable development consistent with SRC Chapter

5

provisions, as detailed

in

findings earlier

in

this section o the decision regarding compliance with SRC

205.01 O d) 1) A). The applicant does not show the full extent o the subject property

SUB15-02 Page 10

August 20, 2015


12/29

on the site plan, and has not provided dimensional information needed to determine

if lot standards are met across the remainder of the property.

The existing golf course appears to meet the special use standards at SRC

700.015, which are applied identically in the

RS

zone as

in

the existing RA zone.

However, the applicant has only provided information regarding property

boundaries, existing structures, and course boundaries for Tax Lot 3900 (14

1

h

Fairway).

SRC Chapter 808 (Preservation of Trees and Vegetation): The City's tree

preservation ordinance protects Heritage Trees, Significant Trees (including Oregon

White Oaks with diameter-at-breast-height of 24 inches or greater), trees and native

vegetation in riparian corridors, and trees on lots and parcels greater than 20,000

square feet.

In addition, SRC 808.035(a) requires a Tree Conservation Plan for a development

proposal involving the creation of lots or parcels to be used for the construction of

single-family dwelling units, where trees are proposed for removal. The applicant

has submitted an application for tree conservation plan approval in conjunction with

the subdivision application (TCP15-05). SRC 808.035(d)(4) requires

in

relevant part

that an application for a Tree Conservation Plan shall be granted if not less than 25

percent of all trees located on the property are designated for preservation,

provided, however, if less than 25 percent of all trees

on

the property are

designated for preservation, only those trees reasonably necessary to

accommodate the development proposal shall be designated for removal. TCP15-

05 only provides

an

inventory

of

trees on

ax

Lot 3900, and does not include trees

on the remainder of the subject property. Accordingly, the proposed subdivision

does not conform to applicable SRC Chapter 808 requirements.

SRC Chapter 809 (Wetlands): Grading and construction activities within wetlands

are regulated by the Oregon Department of State Lands (DSL) and US Army Corps

of Engineers. State and Federal wetlands laws are also administered by the DSL

and Army Corps, and potential impacts to jurisdictional wetlands are addressed

through application and enforcement of appropriate mitigation measures. The

Salem-Keizer Local Wetland Inventory (LWI) identifies mapped wetlands on the

subject property, on Tax Lot 111, outside of the area shown

in

the applicant's

proposal. SRC Chapter 809 establishes requirements for notification of DSL when

an application for development is received

in

an area designated as a wetland on

the official wetlands map.

SRC Chapter 810 (Landslide Hazards): The proposed development

is

identified as

a moderate landslide risk per SRC Chapter 810. In 2002, a Geological Assessment

was conducted and approved

for

the subject property.

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August20, 2015


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Finding: The proposed development

is

subject to SRC Chapter 71 and the revised

PWDS as adopted in Administrative Rule 109, Division 004. To demonstrate the

proposed parcels can meet the PWDS, the applicant shall provide an engineered

tentative stormwater design to accommodate future impervious surface on all proposed

lots.

All public

and

private City infrastructure proposed to

be

located

in

the public right-of

way shall be constructed or secured per SRC 205.035 c) 6) B) prior to final plat

approval. Any easements needed to serve the proposed parcels with City

infrastructure shall

be

shown on the final plat. The proposal meets this criterion.

SRC 205.010 d) 4): The street system in and adjacent to the tentative subdivision

plan conforms to the Sa/em Transportation System Plan

Finding: The Public Works Department indicates that the existing private streets

surrounding the subject property are fully improved in conformance with the Salem

Transportation System Plan TSP) and are sufficient to serve the proposed

development. The proposal meets this criterion.

SRC 205.01 O d) 5): The street

system

in and adjacent

to

the tentative subdivision

plan

is

designed so as to provide for the safe, orderly, and efficient circulation of

traffic into, through, and out

of

the subdivision.

Finding: The Public Works Department indicates that the existing private streets

surrounding the subject property are fully improved and are sufficient to serve the

proposed development. Proposed Lots 1-3 would similarly rely on the existing network

of private streets and would be required to contribute to ownership and maintenance of

the private streets through

an

appropriate common linkage agreement to prior

agreements for earlier phases. The proposal meets this criterion.

SRC 205.010 d) 6): The tentative subdiv_ision plan provides

for

safe and.

convenient bicycle and pedestrian access from within the subdivision to

adjacent residential areas and transit

stops

and to neighborhood activity centers

within one-half mile of the development For the purposes of this criterion,

neighborhood activity centers include, but are not limited to, existing

or

planned

schools parks, shopping areas, transit stops,

or

employment centers.

Applicant

Statement: The subdivision is served with adequate transportation

infrastructure and the street system adjacent to the property conforms to the

Transportation System Plan

and

provides for safe, orderly, and efficient circulation of

traffic into, through,

and

out of the subject property once the access ways are hard

surfaced and physically connected to the public street system.

Lots

_1 3

will have direct access onto Crooked Stick Loop to the east. Lot 4 will not

be

developed and will continue to

be

part of the golf course.

SUB15 02

Page 13

August20 2015


15/29

Therefore, via existing paved streets and sidewalks, safe and convenient bicycle and

pedestrian access will be provided to the site and adjacent neighborhoods. Therefore,

this criteria [sic] has been met.

Finding:

The proposed subdivision is situated within one-half mile

of

one neighborhood

activity center, Bryan Johnston Park, approximately one-half mile north of the subject

property, at 400 Mildred Lane SE. The Public Works Department reviewed the proposal

for consistency with the Comprehensive Parks Master Plan Update and found that the

subject property

is

served by Bryan Johnston Park. Pedestrian sidewalk connections

are available from the subject property to the park. No park-related improvements are

required as a condition of development.

The TSP Bicycle Map does not propose bike lanes within or adjacent to the subject

property. The nearest existing bicycle facilities are bike lanes located

on

Sunnyside

Road SE which has safe and convenient access from Proposed Lots 1-3 via Creekside

Drive SE. The proposal meets this criterion.

SRC 205.010 d) 7): The tentative

subdivision

plan

mitigates impacts

to

the

transportation system consistent with

the

approved

Traffic

Impact Analysis

where applicable.

Applicant Statement: Lots 1-3 will have direct access onto Crooked Stick Loop to the

east. Lot 4 will not be developed and continue to be part of the golf course.

Existing paved streets and sidewalks provide safe and convenient bicycle, pedestrian

access, and vehicle circulation to the site and adjacent neighborhoods. Therefore, the

proposed subdivision plan mitigates impacts to the transportation system by utilizing

the existing street systems that are already in place. This criteria [sic] has been met.

Finding: The proposed 4-lot subdivision generates less than 1,000 average daily

vehicle trips to Crooked Stick Loop SE and Creekside Drive SE. Therefore, a TIA was

not required

as

part

of

the proposed subdivision submittal. The proposal meets this

criterion.

SRC 205.010 d) 8): The tentative subdivision plan takes into account the

topography

and vegetation

of

the

site

so the need

for variances is minimized

to

the

greatest

extent practicable.

Finding:

Proposed Lots 1-3 take into account the vegetation and topography

of

the

site, which slopes slightly downward toward the east. Although the applicant does not

propose development

on

Lot 4 at this time, the proposal does not reflect the full extent

of the subject property, and therefore conditions on the entire site cannot be evaluated.

SRC 205.010 d) 9): The tentative subdivision plan takes into account the

topography

and vegetation

of

the site,

such that the

least

disruption of the site

topography

and vegetation

will result from the

reasonable

development of the

lots.

SUB15-02 Page 14 August 20, 2015


16/29

Applicant Statement: The subdivision code requires City approval o lots be suitable

for the general purpose for which they are likely to be developed. No lots can be of

such a size or configuration that is detrimental to public health, safety, or welfare or

sanitary needs of users o the parcel or lot.

The subdivision plan takes into consideration the topography and vegetation of the site.

There are thirteen (13) trees located

on

the subject property. Only one (1) tree is

designated for removal. The tree designated for.removal is located within the building

envelope of Lot 1 and therefore, needs to be removed. The applicant's proposal

preserves 92 of the trees on site.

Finding: The proposed subdivision has been reviewed to ensure that adequate

measures have been planned to alleviate natural or fabricated hazards and limitations

to development, including topography and vegetation of the site. Staff concurs that

proposed Lots 1-3 take into account the vegetation and topography o the site, which

slopes slightly downward toward the east. Although the applicant does not propose

development on Lot 4 at this time, the proposal does not reflect the full extent o the

subject property, and therefore conditions

on

the entire site cannot be evaluated.

The applicant has submitted

n

application for tree conservation plan approval

in

conjunction with the subdivision application (TCP15-05). The applicant has proposed to

retain 12 o 13 trees

on

Tax Lot 3900 (14

h fairway), or approximately 92.3 of the

trees on that portion of the subject property. The Tree Conservation Plan primarily

retains trees within the playable area of the golf course, where where construction is

unlikely to occur. Although the applicant does not propose-development on Tax Lot

3900 or the remainder

o

the golf course at this time, the proposal does not reflect the

full extent o the subject property, and therefore the Tree Conservation Plan cannot be

evaluated for the entire site as required under SRC Chapter 808.

Because the applicant has not provided information to demonstrate that the criteria are ·

met across the full extent o the subject property, the proposal does not meet these

criteria.

SRC 205.010 d) 10): When the tentative subdivision plan requires n Urban

Growth Preliminary Declaration under SRC Chapter 200, the tentative subdivision

plan is designed in a manner that ensures that the conditions requiring

construction o on-site infrastructure in the Urban Growth Preliminary

Declaration will occur, and, i off-site improvements are required in the Urban

Growth

Preliminary Declaration, construction o any off-site improvements

is

assured.

Finding:

The Urban Growth Management Program, detailed

in

SRC Chapter 200,

requires that an Urban Growth Preliminary Declaration must be obtained prior to

development o property outside the Salem Urban Service Area. The subject property

was originally developed under a valid Urban Growth Declaration (UGA90-9) and all

required facilities are

in

place. An Urban Growth Area Development Permit is not

required, and this criterion does not apply.

SUB15-02

Page 15

August 20, 2015


17/29

IT IS HEREBY ORDERED

A subdivision to divide an unplatted unit of land comprising the Creekside Golf Club into 4

lots ranging in size from 9,088 square feet to 4.26 acres, with the remainder of the subject

property left over as an unplatted remainder, for property located in

an

RA (Residential

Agriculture) zone, and located at the 900 Block of Creekside Drive SE (Marion County

Assessor s Map and Tax Lot Numbers: 083W22 00111; 083W22BA0700; and

083W22AA03900)

is

hereby DENIED.

d . laooec

II

Urban Planning Administrator Designee

Attachments:A Vicinity Map

B. Applicant s Tentative Subdivision Plan

C. Applicant s Written Statement

on

Tentative Subdivision

D.

City of Salem Public Works Department Comments

Application Deemed Complete:

Notice of Decision Mailing Date:

Decision Effective Date:

State Mandated Decision Date:

June1 2015

August 20, 2015

September

5

2015

November 26, 2015

A copy of the complete Case File

is

available for review during regular business hours at

the Planning Division office, 555 Liberty

S t ~ e t

SE Room 305, Salem OR 97301.

This decision

is

final unless written appeal from a party with standing to appeal, along with .

an appeal fee,

is

filed with the City of Salem Planning Division, Room 305, 555 Liberty

Street SE, Salem, Oregon 97301, no later than Friday September 4 2015 5:00p.m.

The notice of appeal must contain the information required by SRC 300.1020. The notice

of appeal must be filed in duplicate with the City of Salem Planning Division. The appeal

fee must be paid at the time offi ling. If the notice

of

appeal is untimely

and/or

acks the

proper fee, the notice

of

appeal will be rejected. The Salem Planning Commission will

review the appeal at a public hearing. The Planning Commission may amend, rescind, or

affirm the action or refer the matter to staff for additional information.

G:\CD\PLANNINGICASE APPLICATION Files 2011-0n\SUBDIVISION\201513- Decision-Order Documents\SUB15-02.cjg.docx

SUB15-02 Page 16 August20, 2015


18/29

- - - - - - ~ - - ~ ~

IT=ACHMENT====

Vicinity Map

900 Block

of

Creekside

Drive

SE

Legend

r a x l o t s

D Urban Growth Boundary

:: '

1

City Limits

0 10 200 Feet

IIIICIIIIIIIII

Subject Property

I SJ Outside Salem City Limits

~

Historic District

b

Schools

~

k

ars

a r Y ~

Community Development Dept.

This product is provided as is, without warranty. In no

event is the City

of

Salem liable for damages from the

use of this product. This product is subject to license

and copyright limitations and further distribution or

resale is prohibited.

G:\CD\PLANNING\Chris Green\LD

Land Division\SUB1S...xx

900

Blk.

Creekside

Dr.

SE\15 108220 LD MAP.mxd 7/212015@ 11:22:04

AM


19/29

lXI

1-

z

w

:: :

J:

~

ATTACHMENT B

0 ' ~ ' ' / :/) vs/op•N

Creekside Golf Course

6250 CLUBHOUSE DR. S.E.

SALEM, OREGON 97306

REEKSIDE GOLF

OURSE

----

SEC.

22, T.

8 s.,

1


20/29

I

ATTACHMENT C

SUB/PUD Application

BACKGROUND

On March

3

1992, PUD 92-2 for Creekside Golf Club Estates was approved by the City of Salem

Planning Commission. The subject property is part of PUD 92-2.

On December 29 2014, a pre-application conference PRE_AP14-49) was held with City of

Salem staff to discuss subdividing the subject property. It was determined by staff, that the

applicant will

be

required to apply for a new Subdivision/PUD approval for dividing the subject

property.

PROPOSAL

The applicant is proposing to divide the subject property 083W22AA/3900) into 4 lots.

Lot 1:

9 088 sq.ft.

Lot 2: 9 000

sq.

t.

Lot

3:

9 682

sq.ft.

Lot

4: 185 769 sq. . t Lot 4

is

open space and part of the golf course. Lot 4 will continue to be

used for open space/golf course are and will not be developed. See attached site plan.

SITE VICINITY

and

CHARACTERISTICS:

The subject property contains approximately

4.

9 acres. The subject property is zoned RA

Residential Agriculture). The subject property is vacant and is part of the golf course.

Topography, property configuration and dimensions area illustrated on the tentative plan.

The surrounding properties are zoned and used as follows:

North: RS Residential Single Family); existing single family dwellings

East: RS Residential Single Family); existing single family dwellings

South: RA Residential Agriculture); golf course

West: RS Residential Single Family); existing single family dwellings

The subject property is located within the City limits and the Urban Growth Boundary.


21/29

CRITERIA AND APPLICANT S REASONS ADDRESSING UDC 205.010(d)(1):

The intent of the subdivision code is providing for orderly development through the application of

appropriate rules nd regulations. Pursuant to the application of the current enabling statutes,

these regulations are those cited in UDC205.010 d) and UDC 205.015 d). The decision criteria

for subdivisions without a concurrent variance under UDC 205.010 d) and UDC 205.015 d) must

be found to exist before

n

affirmative decision may be made for a subdivision application.

1) The tentative subdivision plan complies with the standards of this Chapter and with all

applicable provisions

of

the UDC, including, but not limited

to

the following:

A) Lot standards, including, but not limited to standards for lot area, lot width and depth,

lot

frontage

and

designation of front and rear lot lines.

The proposal does not require any variances to lot development or street standards specified in

the Code. UDC Chapter 210 does not have lot dimension requirements. The PUD Chapter

is

setup to provide flexibility in lot sizes. However, the subject property does have PUD PUD 92-2)

approval; therefore, PUD code standards have been met.

As shown on the site plan, all41ots meet lot size and dimension standards as required under UDC

Chapters 510 and 511.

The proposal can conform

to

applicable conditions imposed s necessary to ensure that

development conforms

to

the standards of the subdivision code and with existing development

and public facilities. The proposed phase subdivision

is

in compliance with lots size requirements

and required access. Therefore, this criteria has been met.

B) City infrastructure standards.

Water, sewer, storm drainage plans will

be

submitted to the Public Works Department for final plat

and construction plan approval at the final plat stage. The tentative site plan illustrates the location

of the public utility lines. The proposal meets applicable Salem Area Comprehensive Plan

Residential Policies for properties within the Urban Growth Boundary. The proposal encourages

the efficient use of developable residential land. Public facilities and s ~ r v i e s are or will

be

available to serve the site, including services such as water, sanitary and storm sewer and

fire/l ife/safety services. Therefore, this criteria has been met.

C) ny special development standards, including, but not limited to, floodplain

development, special

setbacks,

geological

or

geotechnical analysis,

and

vision clearance.

There are no wetlands or geological hazards located on the subject property.

A geological assessment has already been approved for the entire Creekside development

regarding the nature, distribution of underlying geology, and the physical and chemical properties

of existing soils;

n

opinion as

to

stability of the site, and conclusions regarding the effect

o

geologic conditions on the proposed development as required. ·

A Geological Assessment was done on the site in 2002 for the entire Creekside development. The

Geological Assessment was approved on the site in 2002; the approval

is

on file with the City of


22/29

Salem Public Works departments. Therefore, a new geological assessment

is

not needed.

This criteria has been met.

2) The

tentative subdivision plan does not impede the future use or development

of

the

property

or

adjacent land

The proposal

is

for the entire subject property. The surrounding. properties are fully

development. The subject property abuts Creekside Drive

to

the south and Crooked Stick Loop

to the east and west. Lots

1 2

and 3 will not have direct access onto Crooked Stick Loop to the

east. Lot 4 will continue to be used

as

part of the golf course. Lot 4 will continue to have direct

access to Creekside Drive to the south and Crocked Stick Loop to the west. The proposed

subdivision

of

the site will not impede the future use of the property or adjacent land. Access is

available to all lots as each is developed.

The proposed site plan shows street improvements and access

to

all Lots within the proposed

subdivision. Therefore, this criteria

has

been

met

3}

Development within the tentative subdivis ion plan can be adequately served

by

City infrastructure

Water, sewer, storm drainage plans will be submitted to the Public Works Department for final plat

and construction plan approval t the final plat stage. The tentative site plan illustrates the location

of the public utility lines. The proposal meets applicable Salem Area Comprehensive Plan

Residential Policies for properties within the Urban Growth Boundary. The subject property is

subject to UGA 90-9. The proposal encourages the efficient use of developable residential land.

Public facilities and services are or will

be

available

to

serve the site, including services such as

water, sanitary and storm sewer

and

fire/life/safety services.

Water, sewer, storm drainage plans will be submitted to the Public Works Department for final plat

and construction plan approval at the final plat stage. The tentative site plan illustrates the

location of the public utility lines. Therefore, this criteria has been met.

roposed Storm

Water Management Svstem:

Storm water quality and quantity are required for this development. An LID low impact

development) Storm water technique will

be

used to mitigate the increase

in

pollutants

contributed from development. This system may also be used to provide storage and water

quantity control. The exact system will be determined at the time of design. Any proposed

technique will meet City of Salem Storm water Management standards in means and methods to

provide all aspects of Storm water management.

4)

The street system in and adjacent to the tentative subdivis ion plan conforms to the

Salem Transportation System Plan

The major street system is

in

place due to prior development. Creekside Drive abuts the

property to the south. Crocked Stick Loop abuts the property to the west and east. The proposal

provides the site with adequate improved vehicle, pedestrian

and

bike access to adjacent

neighborhood hoods and Sunnyside Road to the east.


23/29

The major street network

in

the area has been established and

is

consistent with the Transpor

tation System Plan which implements the Comprehensive Plan. Public Works Department will

address any applicable requirements for right-of-way conveyance that might be required because

of this subdivision. There are

no

internal streets proposed. The existing street system is

already in place to due to surrounding development within Creekside.

Therefore, the existing street system

is in

compliance with the STSP.

Transportation Planning Rule Review:

The City of Salem's TPR encourages a reduction in automobile trips by capitalizing on transit

opportunities and by creating

an

environment that encourages people to walk. The proposed

is

a limited land use decision pursuant to Oregon Revised Statute (ORS) 197.015, and has

therefore been reviewed for consistency with the State's TPR multi-modal connectivity

requirements, and is consistent as follows:

The subject property has a direct street frontage on Crooked Stick Loop and Creekside Drive.

Lots 1-3 will have. direct access onto Crooked Stick Loop to the east. Lot 4 will not be develop

and will remain as part of the golf course. Therefore, this criteria has been met.

5)

The street system in nd adjacent to the tentative subdivision plan is designed so s to

provide

for

the safe orderly nd efficient circulation of traffic into through nd out of the

subdivision.

The subject property is located in a developed and developing area where improved streets and

sidewalks exist. The local street system serving the development provides the necessary

connections and access to the local street and circulation system serving this residential

neighborhood.

The proposed subdivision/pud will provide sidewalks along the proposed portion of the site where

Lots 1 through 3 will be developed. Driveways

or

Lots

1 2

and 3 will be provided directly onto

Crooked Stick Loop.

Access to, within, and from the development must be consistent with applicable requirements

o

the Transportation Planning Rule Requirements (TPR) that requires that development provide

connectivity between land uses and transportation. Under the Rule, developments are

responsible for providing for the safe and efficient circulation of vehicles, bicycles, and

pedestrians into, through, and out of a development. The proposal develops the subject property

within an established residential area where local and arterial streets and mass transit facilities

exist. These facilities connect the transportation system to the surrounding residential

neighborhoods.

The Public Works Department will address the level of street improvements that are roughly

proportional to assure conformance to the development to subdivision code and applicable

transportation system plan requirements. Completion

o

conditions of approval prior to the

signing of the final plat will satisfy this criterion for the subdivision application. Therefore, this

criteria has been met. ·


24/29

6)

The tentative subdivision plan provides safe

and

convenient bicycle and pedestrian

access from within the subdivis ion to adjacent residential areas and tt:ansit stops

and

to

neighborhood activity centers within one-half mile of the development. or purposes of

this criterion neighborhood activ ity centers include but are not limited to existing

or

planned schools parks shopping areas transit stops or employment centers.

The subdivision is served with adequate transportation infrastructure and the street system

adjacent the property conforms to the Transportation System Plan and provides for safe, orderly,

and efficient circulation of traffic into, through, and out of the subject property once the access

ways are hard-surfaced and physically connected to the public street system.

Lots 1-3 will have direct access onto Crooked Stick Loop to the east. Lot 4 will not

be

developed

and will continue to be part of the golf course.

Therefore, via existing paved streets and sidewalks, safe and convenient bicycle and pedestrian

access will be provided to the site and to adjacent neighborhoods. Therefore, this criteria has

been met.

7) The

tentative subdivision plan mitigates impacts to the transportation

system

consistent with the approved Traffic Impact Analysis where applicable.

Lots 1-3 will have direct access onto Crooked Stick Loop to the east. Lot 4 will not

be

developed

and will continue to be part of the golf course.

Existing paved streets and sidewalks provide safe and convenient bicycle, pedestrian access,

and vehicle circulation to the site and to adjacent neighborhoods. Therefore, the proposed

subdivision plan mitigates impacts to transportation system by utilizing the existing street systems

that are already in place. This criteria has been met.

8)

The tentative subdivision plan takes into account the topography

and

vegetation of the

sit so the need for variances is minimized to the greatest extent practicable.

All Jots and streets are in compliance with the UDC. Therefore, no variances have been

requested.

9)

The tentative subdivision plan takes into account the topography and vegetation of he

site such that the least disruption of the site topography

and

vegetation will result from

the reasonable development of the

lots.

The subdivision code, requires City approval of Jots be suitable for the general purpose for which

they are likely to be developed. No Jots can be of such a size

r

configuration that is detrimental to

public health, safety, or welfare or sanitary needs of users of the parcel or Jot.

The subdivision plan takes into consideration the topography and vegetation of the site. There

are thirteen (13) trees located on the subject property. Only one (1) tree is designated for

removal. The tree designated for removal

is

located within the building envelope of Lot 1 and

therefore, needs to be removed. The applicant's proposal preserves 92 of the trees on the

site.

Creekside SUB 6058

Page

5

April14, 2015


25/29

The proposed lots are

of

sufficient size and dimensions to permit future development. The lot

dimensions are

illustrated on the tentative site plan and are in conformance to the minimum

standards

in

UDC 510 and 511. The subdivision regulates minimum lot sizes. Final

conformance to minimum lot size and buildable lot area

will be confirmed when the final plat is

submitted to the City for review and approval.

The layout

of

the lots takes into consideration the topography and vegetation of the site. All lots

and streets are

in

compliance with the UDC. Therefore, no variances have been requested.

Therefore, this criteria has been met.

10

When the tentative subdivision pl n requires an Urban Growth Preliminary

Declaration under SRC Chapter

200,

the tentative subdivision plan

is

designed in a

m nner th t

ensures that the condit ions requiring the construction

of

on-site

infrastructure

in

the Urban Growth Preliminary Declaration

will

occur and

i f

off-site

improvements are required

in

the Urban Growth Preliminary Declaration construction

of

ny

off-site improvements is assured.

The property and development are inside the Urban Service Area (USA) and are subject to

growth management requirements for public facilities under SRC Chapter 200 An Urban

Growth Preliminary Declaration is not required. Therefore, this criterion has been met.

PL NNED UNIT DEVELOOPMENT SRC

210 025

The

proposed subdivision meets the PUD requirements under this section by providing more than

adequate open space that is improved as a recreational amenity. The subject property is part

of

Golf Club Estates at Creekside Phase 1 The proposal is for 4 lots. Lot 4 will not be developed

and will continue to be part of the golf course. The subject property is surrounded by the

golf

course which meets the open space criteria.

TREE CONSERVATION/REMOVAL PLAN

There are thirteen (13) trees located

on

the subject property. Only one (1) tree is designated for

removal. The tree designated for removal is located within the building envelope

of

Lot1 and

therefore, needs to be removed.

The

applicant's proposal preserves

92

of the trees

on

the

site.

Creekside

SUB

6058 . Page 6

Apri114, 2015


26/29

ATTACHMENT D

RECEIVED

I

I T Y ~ ~

ArYOURSERVICE

COM v1UNlTY

DtVELOPh ENT

TO: Chris Green, Planner

II

Community Development Department

FROM: Glenn Davis, P.E., C.F.M., Chief Development E n g i n e e A : J ~

Public Works Department · l / \

DATE: July 29, 2015

SUBJECT: REV/SED PUBLIC WORKS RECOMMENDATIONS

SUBDIVISION PLAT NO. SUB 15-02 (15-108220-LD)

900 BLOCK OF CREEKSIDE DRIVE SE

PROPOSED FOUR-LOT SUBDIVISION

PROPOSAL

A proposed subdivision to divide an unplatted unit of land comprising the Creekside Golf

Club into four lots. Three

of

the lots range in size from approximately 9,088 square feet

to 9,682 square feet, with the fourth lot remaining as part of the golf course. The

applicant s proposal shows Lot 4

as

consisting

of

the remainder

of

the 14th fairway,

an

area of approximately 4.26 acres. However, the property being divided consists of the

entire golf course, so Lot 4 will include the entire remainder of the course, which totals

approximately 134.2 acres in size.

The subject property is zoned RA (Residential Agriculture) and is located in the 900 block

of Creekside Drive SE (Marion County Assessor s Map and Tax Lot Numbers:

083W2200111; 083W22BA0700; and 083W22AA03900).

RECOMMENDED CONDITIONS OF PLAT APPROVAL

1. Construct water and sewer systems to serve lots 1 2 and 3.

2. Provide an engineered tentative stormwater design to accommodate future

impervious surface on all proposed lots. Construct stormwater facilities that are

proposed in the public right-of-way and in public storm easements.

3. Show the entire property being divided

on

the final plat.

FACTS

1.

Crooked Stick Loop SE (Private Street) Existing

Conditions This

street has an

approximate 30-foot improvement within a 40-foot-wide easement abutting the

subject property. This street is a private street maintained by the Creekside Estates

Homeowner s Association.

Code authority references are abbreviated in this document as follows: Salem Revised ode (SRC);

Public Works esign Standards (PWDS); Salem Transportation System Plan (Salem TSP);

and

Stormwater Management

Plan

(SMP).

I


27/29

Chris Green, Planner II

July 22

1

2 15

2

2.

Creekside Drive SE (Private Street) Existing

Condition-This

street has

an

approximate 34-foot improvement within a 60-foot-wide easement abutting the

subject property. This street is a private street maintained

by

the Creekside Estates

Homeowner's Association.

Storm Drainage

Existing Condition-An 8-inch storm main is located

in


Water

Existing Conditions

a.

The subject property

is

located in the S-2 water service level.

b.

A 6-inch dead end water line is located in Crooked Stick Loop SE.

c. A 6-inch water line

is

located

in

Creekside Drive SE and Crooked Stick Loop

SE.

Sanitary Sewer

Existing Sewer

a. An 8-inch sewer

is

located

in


b.

An

8-inch sewer is located in Creekside Drive SE.

CRITERIA

AND

FINDINGS

SRC 205.010(d) indicates the criteria that must be found

to

exist before an affirmative

decision may be made. The applicable criteria and the corresponding findings are as

follows:

SRC 205.010 d) 1)-The tentative partition plan complies with the standards of this

Chapter and with all applicable provisions

of

the Unified Development Code, including,

but not limited to the following:

a.

Lot standards, including, but not limited to, standards for lot area, lot width and

depth, lot frontage, and designation of front and rear lot lines;

b. City infrastructure standards; and

c. Any special development standards, including, but not limited to floodplain

development, special setbacks, geological or geotechnical analysis, and vision

clearance.

Findings-The

applicant shall provide the required field survey

and

subdivision plat per

Statute and Code requirements outlined in the

regon Revised Statutes

(ORS) and SRC.

TI.C/JP:G:\GROUP\PUBWKS\PlAN_ACT\PAFINAL15\SUBDMS DN\SUB15·02_CREEKSJDE GOLF COURSE (15·108220-LD)_REV .DOC


28/29


29/29

Chris Green Planner II

July 22

zo1s

ME

tV IO

4

SRC

205.010(d)(6)-The tentative subdivision plan provides safe and convenient

bicycle and pedestrian access from within the subdivision

to

adjacent residential .

areas and transit stops, and

to

neighborhood

activity

centers within one-half mile

of the development. For purposes of this criterion, neighborhood activity centers

include,

but

are

not

limited to, existing

or

planned schools, parks, shopping

areas, transit

stops,

or employment centers.

Findings-The

Comprehensive Parks Master Plan Update shows the subject property

is

served

by

developed parks. Bryan Johnston Park

is

a developed park approximately

one

half

mile northwest of the proposed development; pedestrian sidewalk connections

are available from the subject property to the park. No park-related improvements are

recommended

as

a condition of development.

SRC 205.010 d) 7l-The

tentative subdivision plan mitigates impacts

to

the

transportation system consistent with the approved Traffic Impact Analysis (TIA),

where applicable. ·

Findings-The

proposed 4-lot subdivision generates less than 1 000 average daily

vehicle trips

to

Crooked Stick Loop SE and Creekside Drive SE. Therefore, a TIA was

not required

as

part of the proposed subdivision submittal.

SRC

205.010(d)(10l-When the tentative

subdivision

plan requires an Urban

Growth Preliminary Declaration under

SRC

Chapter 200 the tentative subdivision

plan is designed in a manner that ensures that the conditions requiring the

construction

of

on-site infrastructure in the Urban Growth Preliminary Declaration

will occur, and, i f off-site improvements are required in the Urban Growth

Preliminary Declaratio11, construction

of

any off-site improvements is assured.

Findings-

The proposed subdivision was originally developed under a valid

Preliminary Declaration and all required facilities are

in

place. An Urban Growth Area

Development Permit is not required for the proposed development.

Prepared

by:

Curt Pellatz, Project Coordinator

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