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DECISION OF THE PLANNING ADMINISTRATOR

SUBDIVISION CASE NO. SU815-02

APPLICATION NO.: 15-108220-LD

NOTICE OF DECISION DATE:

August 31, 2015

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AUGUST 20,2015

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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.

1-

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).

APPLICANT: CREEKSIDE GOLF COURSE LLC (TERRY KELLY & DENNIS WHITLOCK)

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LOCATION: 900 BLOCK OF CREEKSIDE DR SE /97306

CRITERIA:

Salem Revised Code 205.010(d)

DECISION:

The Planning Administrator DENIED tentative Subdivision Case No. SUB1502 subject to the applicable standards of the Salem Revised Code, the
findings contained herein.

A copy of the decision is attached.

Application Deemed Complete:
Notice of Decision Mailing Date:
Decision Effective Date:
State Mandate Date:

June 5, 2015
August 20, 2015
September 5, 2015
October 3, 2015

Case Manager: Chris Green, Planner II, 503-540-2326 or cgreen@citvofsalem.net ~

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

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

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FINDINGS AND ORDER

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 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

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 statemandated 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 Comprehensive 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:

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

South:

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

East:

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

(Duplex Residential)

West:

RS (Single Family Residential)

SUB15-02

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August20,2015

3. Existing Site Conditions

The subject property consists of Creekside Golf Club, an 18-hole golf course with a
series of residential subdivisions and planned unit developments surrounding most of
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 of the golf course.

"Tax Lot 111 ," (083W22 00111) approximately 116.37 acres in size. Contains
16 of 18 holes of 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 of 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 of the
planned unit development abut Tax Lot 3900 on three of 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 of the tentative plan." This finding serves as the basis for a condition of approval
requiring half-street improvements along golf 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 of approval requires the applicant to make contact with
appropriate agencies for the review of flood plains, creek crossings, and wetlands for
the portion of the golf course "impacted by Battle and Jory Creeks," well south of Phase
I. These findings and conditions indicate that to the extent that the golf course was
evaluated as part of 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 of
the original PUD proposal or approval. None of the subdivision plats implementing the
various phases of the overall "Creekside" development along the perimeter of 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 of the
planned unit developments abutting the course. Access to the golf 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 of 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

feet. The applicant proposes that Lot 4 would constitute the remainder of the 14th
fairway (Tax Lot 3900), and would remain as part of the existing golf course. Although
separated for tax account purposes, City records indicate that Tax Lot 3900 has not
applied for or received city approval for a partition to create a separate unit of land. The
vested deed for the subject property includes all three tax lots making up the golf
course. Accordingly, Tax Lot 3900 remains part of the larger golf course property, and
the subdivision must include the entire property to be subdivided.
The applicant has not proposed any specific phasing for the subdivision or residential
development.
5. Neighborhood Association Comments
The subject property is located within the boundaries of the South Gateway
Neighborhood Association (SGNA). Notice of the application was provided to SGNA,
pursuant to SRC 300.520(b)(1)(B)(iii), which requires public notice to be sent to "any
City-recognized neighborhood association whose boundaries include, or are adjacent
to, the subject property." SGNA submitted comments opposing the proposal ~or the
following reasons:
(1) Concerns expressed by the Creekside HOA.
(2) The developer did not attend a neighborhood meeting on the subject application.
(3) Reduction of land required to be set aside as open space.
Staff Response: Concerns of the HOA and its members are described in detail in
Section 6 below. The City recommends that developers meet with Neighborhood
Association representatives to identify issues and concerns; however developers are
not required to make this contact and it is not a criterion to approve or deny a tentative
proposed subdivision. The golf course property is not part of Golf Club Estates at
Creekside Phase I or any subsequent Planned Unit Development (PUD). In 1992,
when the adjacent Golf Club Estates at Creekside Phase I PUD was approved, the
City's PUD regulations did not require dedicated open space.
6. Citizen Comments
Property owners within 250 feet of the subject property were mailed notification of the
proposed application. Notice of the proposed application was also posted on the
subject property. Prior to the comment deadline, thirty-one nearby property owners
submitted comments.
Thirty-one nearby property owners submitted comments regarding the following
issues:

SUB15-02

Issue #1: Whether or not development on new properties would be subject

to requirements of the Creekside Homeowners Association (HOA), including
access to streets owned by the HOA

Page 4

August20,2015

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

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 twofamily 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:

SUB15-02

Page 6

August 20, 2015

(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.
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:
Lot Standards for RS zone (see SRC Chapter 511, Table 511-2)
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Requirement

Mi~iinum "si~nCiarCI

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Lot Area (Single Family)

4,000 square feet

Lot Width

40 feet

Lot Depth (Single Family)

70 feet

Street Frontage

40 feet

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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:
Minimum 12 feet (minimum 20 feet when adjacent to a street designated
'Collector', 'Arterial', or 'Parkway')
Minimum 20 feet for garages
SUB15-02

Page 7

August 20, 2015

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

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.
Sanitarv Sewer: The Public Works Department indicates that there are 8-inch
sewer lines located in Crooked Stick Loop SE and Creekside Drive SE.
Storm 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-ofway 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

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 of 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-ofway 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 of the Land
Division and Reconfiguration code is to provide for orderly development through the
application of 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 of 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 of 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 of Chapter 92 of the Oregon
Revised Statutes. Therefore, the subdivision does not conform to all applicable SRC
Chapter 205 requirements.
SRC Chapter 511 (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 of such size and configuration to provide
reasonable development consistent with SRC Chapter 511 provisions, as detailed in
findings earlier in this section of the decision regarding compliance with SRC
205.01 O(d)(1)(A). The applicant does not show the full extent of the subject property

SUB15-02

Page 10

August 20, 2015

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 (141h
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." TCP1505 only provides an inventory of trees on Tax 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.

SUB15-02

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August20, 2015

Because the applicant has not provided information to demonstrate that the criteria are
met across the full extent of the subject property, the proposal does not meet this
criterion.
SRC 205.010(d)(2): The tentative subdivision plan does not impede the future use
or development of the property or adjacent land.
Applicant Statement: 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 wili 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 Crooked 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.
Finding: The proposed subdivision would divide a 134.2-acre property into 4 lots, with
approximately 129.94 acres of unplatted remainder. The subject property is developed
as an 18-hole golf course, surrounded by residential dwellings contained within
subdivisions and planned unit developments from the early 1990s to present. The
proposed configuration of Lots 1-3 allows for the future development of those lots
consistent with applicable zoning standards. The existing street network in the vicinity
of the subject property and proposed streets within the subdivision are sufficient to
provide access to each of the proposed lots. The proposed subdivision would leave
nearly 130 acres of unplatted remainder in which future use could be complicated by
uncertainty about the lawful creation of the unit of land. The proposal would therefore
adversely affect the safe and healthful development of adjacent properties, and does
not meet this criterion.
SRC 205.01 O(d)(3): Development within the tentative subdivision can be
adequately served by City infrastructure.
Applicant Statement: 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 subject property is subject to UGA
90-9. The proposal encourages the efficient use of developable residential land. Public
facilities such 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, and 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.

SUB15-02

Page 12

August 20, 2015

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-ofway 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 hardsurfaced 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

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

Applicant Statement: The subdivision code requires City approval of 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 of 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 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.
The applicant has submitted an application for tree conservation plan approval in
conjunction with the subdivision application (TCP15-05). The applicant has proposed to
retain 12 of 13 trees on Tax Lot 3900 (141h 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 of the golf course at this time, the proposal does not reflect the
full extent of 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 of the subject property, the proposal does not meet these
criteria.
SRC 205.010(d)(10): 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
construction of on-site infrastructure in the Urban Growth Preliminary
Declaration will occur, and, if off-site improvements are required in the Urban
Growth Preliminary Declaration, construction of 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 of 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

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,.,,,

Plaooec II,

Urban Planning Administrator Designee

Attachments: A.
B.
C.
D.

Vicinity Map
Applicant's Tentative Subdivision Plan
Applicant's Written Statement on Tentative Subdivision
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 St~:et 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 offiling. If the notice of appeal is untimely and/or lacks 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

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6250 CLUBHOUSE DR. S.E.

SALEM, OREGON 97306

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Creekside Golf Course

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CITY OF SALEM
MARION COUNTY, OREGON

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GOLF CLUB ESTATES

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SUBDIVISION/ P.U.D.

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6058
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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. ft.

Lot 3:

9,682 sq.ft.

Lot 4: 185,769 sq. f. 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:
East:
South:
West:

RS (Residential Single Family); existing single family dwellings

RS (Residential Single Family); existing single family dwellings
RA (Residential Agriculture); golf course
RS (Residential Single Family); existing single family dwellings

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

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 and 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 an 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 as 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~rvices are or will be
available to serve the site, including services such as water, sanitary and storm sewer and
fire/life/safety services. Therefore, this criteria has been met.
(C) Any 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; an opinion as to stability of the site, and conclusions regarding the effect of
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

Salem Public Works departments.

This criteria has been met.

Therefore, a new geological assessment is not needed.

(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 subdivision 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 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 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.
Proposed 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 subdivision 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.

The major street network in the area has been established and is consistent with the Transportation 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 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.
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 for 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 of
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 of 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.

(6) The tentative subdivision plan provides safe and convenient bicycle and pedestrian
access from within the subdivision to adjacent residential areas and tt:ansit 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.
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.
and will continue to be part of the golf course.

Lot 4 will not be developed

Therefore, via existing paved streets and sidewalks, safe and convenient bicycle and pedestrian
Therefore, this criteria has
access will be provided to the site and to adjacent neighborhoods.
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.
and will continue to be part of the golf course.

Lot 4 will not be developed

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

site 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 the
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 or 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

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 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, if off-site
improvements are required in the Urban Growth Preliminary Declaration, construction of
any 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.
PLANNED 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

RECEIVED

CITY~~
~

ArYOURSERVICE

TO:
FROM:

ATTACHMENT D

COM!v1UNlTY DtVELOPhAENT

Chris Green, Planner II

Community Development Department
#Glenn Davis, P.E., C.F.M., Chief Development
Public Works Department

Enginee'A:J~

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

l/\

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 Code (SRC);
Public Works Design Standards (PWDS); Salem Transportation System Plan (Salem TSP); and
Stormwater Management Plan (SMP).

Chris Green, Planner II

July 221 2015
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 Crooked Stick Loop SE.
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 Crooked Stick Loop SE.
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 Oregon Revised Statutes (ORS) and SRC.
TI.C/JP:G:\GROUP\PUBWKS\PlAN_ACT\PAFINAL15\SUBDMS!DN\SUB1502_CREEKSJDE GOLF COURSE (15108220-LD)_REV!.DOC

Green, Planner II
July 22, 2015

fV1EMO

If said documents do not comply with the requirements outlined in ORS and SRC, and per
SRC Chapter 205, the approval of the subdivision plat by the City Surveyor may be
delayed or denied based on the non-compliant violation. It is recommended the applicant
request a pre-plat review meeting between the City Surveyor and the applicant's project
surveyor to ensure compliance with ORS 672.005(2)(g)&(h), 672.007(2)(b), 672.045(2),
672.060(4), Oregon Administrative Rules 850-020-0015(4)&(1 0), 820-020-0020(2), and
820-020-0045(5).
The City Surveyor has observed that the applicant's tentative plan does not show the
entire legal boundary of the subject property. In review of the deed, the Surveyor has
determined that the deed describes all or a majority of the existing Golf Course
property, therefore the entire boundary of the Golf Course must be considered part of
the subject property.
SRC 205.01 O(d)(3)-Development within the tentative subdivision plan can be
adequately served by City infrastructure.
Findings-Water and sewer infrastructure is available along the perimeter of the site
and appears to be adequate to serve the property as shown on the applicant's
preliminary utility plan. Developments are required to extend public utility services to
serve upstream and neighboring properties; the tentative utility plan appears to meet
that requirement.
As a condition of sewer service, all developments will be required to provide public
sewers to adjacent upstream parcels. This shall include the extension of sewer mains
in easements or rights-of-way across the property to adjoining properties, and across
the street frontage of the property to adjoining properties when the main. is located in the
street right-of-way. The tentative subdivision plan shows public sewer extensions to
adjacent upstream parcels.
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.
SRC 205.010(d)(4) and SRC 205.001 O(d)(5)-The street system in and adjacent to
the tentative subdivision plan conforms to the Salem Transportation System Plan.
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 private streets surrounding the subject property are fully improved in
conformance with the Salem TSP and are sufficient to serve the proposed development.
Tl.C/JP:G:\GROUP\PUBWKS\PlAN_ACT\PAFINAL15\SUBDMS!ON\SUB15-02_CREEKSIDE GOLF COURSE (15-108220-LD)_REV!. DOC

Chris Green, Planner II

July 22, zo1s
4

ME tV'IO

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, if 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
cc: File

1LC/JP:G: \GROUP\PUBWKS\PlAN_ACT\PAFINAL15\SUBDMSION\SUB15-02_CREEKSIDE GOLF COURSE {15-108220-LD)_REV!. DOC