Professional Documents
Culture Documents
BACKGROUND:
In April 2010, Council changed the process for Master Plan review to require Planning
Commission recommendation as part of a Master Plan review process. The Planning
th
Commission has held a public hearing on January 12 , and continued until February 9
to receive public testimony and consider the public record in the matter of Master Plan /
Subdivision application for Area C of the Keizer Station. They have forwarded a
unanimous recommendation of approval, based on the Conditions outlined in the staff
report, making changes they felt appropriate to address concerns raised in the public
hearing.
During the February public hearing before the Planning Commission 12 people
provided testimony before the Planning Commission in opposition to the proposal and 2
in support of the proposal. Comments ranged from concerns about traffic, compatibility
with nearby properties, adequacy of necessary facilities to serve the development,
general opposition to a particular retailer and that it is inconsistent with the intent of the
MU zone. The traffic concerns have been addressed in the report and detailed with the
traffic impact analysis (TIA) and 2 additional memos from Kittleson and Associates
addressing the issues raised during the January meeting.
The applicant provided an amended site plan showing changes from the two 5 story
buildings to a single three story building with retail on the first floor and professional
offices above—and submitted information documenting the fact that this would result in
less traffic being generated. The fact that certain intersections such as Chemawa
Road/Verda Lane were not included as part of the street improvements projects was
discussed. This intersection is already failing and is scheduled for improvement
independent of any development in any portion of the Keizer Station.
Public Works has indicated the adequacy of the public facility systems to be able to
serve the proposed development and that the requirement for this development to
contribute to the sewer and water development funds is simply consistent with the
development process of the capital improvement plans established by the City.
Though concerns were raised about which company is rumored to be locating in the
Larger Format Store, the master plan review criteria must be considered without regard
to who may be the retailer in the Larger Format Store.
Compatibility issues have been addressed throughout the staff report and public
hearing. The Planning Commission added conditions to those proposed by staff to
address more fully the community compatibility issues raised in the hearing. The
Planning Commission reviewed the proposal to determine compliance with all
applicable criteria and made a unanimous decision to forward a recommendation of
approval to the City Council as amended by that body. While compatibility with the
surrounding neighborhoods is a requirement, mirroring the uses of the neighborhood is
not. There are completely different zones involved, with different uses identified in each
area. The applicant has demonstrated how they have addressed issues of compatibility
through such things as screening, buffering, architectural treatments of buildings,
increased setbacks, and landscaping—in a substantial manner.
The staff report attached here, together with its various exhibits, shows the language
presented to Planning Commission at their February 9th meeting, with their additions
and clarifications of issues raised in their public hearing shown in redline. Additional
redline also includes revised comments from the traffic engineer and the civil engineer
relative to storm water design. All comments received by other agencies and the full
text of the Traffic Impact Analysis (including all appendices), including all technical
drawings and analyses are part of the record and are available at www.keizer.org. The
Executive Summary of the TIA, comments and other documents are attached.
The staff report also contains findings of fact and conditions of approval that will govern
the development of the site and the processing of the subdivision.
ISSUE:
Through staff review, and the Planning Commission hearing and deliberation, the
proposed application, as amended, and as conditioned, meets all review criteria of the
Keizer Development Code, Stormwater Ordinance and all other development
requirements of the City.
In the Planning Commission hearing, several points were raised in public testimony that
bear some discussion.
Adaquacy of Public Services: Public works has entered into the record evidence that
the sewer and water systems are capable of serving the proposed development. The
increase in the local infrastructure to serve this proposed development is a requirement of
this proposed development and will not adversely impact any outside parties. In fact, in
some cases, the required improvements will improve existing services.
Discussion of the traffic impacts has been presented exhaustively by the Transportation
Impact Statement, the analysis of this study by the City’s Traffic Engineer, Dick Woelk,
and all impacts from the proposed development on intersections and roadways have
been discussed and properly identified. Of note is the intersection of Verda and
Chemawa which is already meeting warrants for needed improvements. This intersection
has been identified for improvement and the City, in numerous other development
proposals (most recently for Area B of the Keizer Station) has found it to be adequate to
serve the needs of the City during the time which is allotted for this intersection to be
improved.
RECOMMENDATION: That the Council open the public hearing to accept public
testimony and if no questions are presented that might warrant additional time for
deliberation then close the public hearing and direct staff to prepare an appropriate order
approving the proposed Master Plan / Subdivision.
Attachments:
Area C Staff Report to City Council Dated February 11, 2011
Revised Site Plans
Letter from Wendie Kellington dated January 31, 2011
Subdivision Plan Maps
Subdivision Written Statement
Applicant’s Written Statement for Master Plan
Master Plan Application
Subdivision Application
TIA Executive Summary
Letter from Kittelson & Associates, Inc. dated January 25, 2011
Letter from Kittelson & Associates, Inc. dated February 2, 2011
Comments from Salem-Keizer School District dated February 1, 2011
Letter from Cardno WRG dated February 3, 2011
Comments from Joan Pauley dated December 28, 2010
Comments from Doug Harnar dated December 28, 2010
Comments from Jeffrey and Teresa Deckard dated December 29, 2010
Comments from Jim Boatner dated December 29, 2010
Comments from Kevin Hohnbaum & Jane Mulholland received Dec. 29, 2010
Comments from Sherry Whitney dated February 2, 2011
Comments from Kevin Hohnbaum & Jane Mulholland dated February 9, 2011
Comments from Michael and Mary Nored dated January 19, 2011
Comments from Public Works Department dated December 28, 2010
Comments from Oregon Department of Transportation dated January 3, 2011
Comments from PGE dated December 20, 2010
Comments from Marion County Surveyor’s Office dated December 28, 2010
Comments from City of Salem dated December 29, 2010
Comments from Salem-Keizer School District dated December 27, 2010
Comments from Keizer Fire District dated January 10, 2011
Area C Application Rebuttal submitted by Jane Mulholland and Kevin Hohbaum at
Planning Commission on January 12, 2011
Comments submitted by Carrol Maurer at Planning Commission on January 12,
2011
Pictures of Empty Condos presented to Planning Commission on January 12,
2011 by Forrest Anderson
Keizer Police Department Memorandum dated March 4, 2008
Demographics (SiteReports) presented by Alan Roodhouse to Planning
Commission on February 9, 2011
Photographs of Views Around Perimeter of Walmart in Lebanon, Oregon
presented by Mary Blohn to Planning Commission on February 9, 2011
STAFF REPORT TO CITY COUNCIL
ATTACHMENTS:
• Revised site plan packet for Area C
• Revised applicant’s statement
• Subdivision plan
• Applicant’s statement on subdivision
• Traffic Impact Analysis Executive Summary
• Kittleson & Associates memo dated 1-25-11
• Kittleson & Associates memo dated 2-2-11
• Revised Comments from Salem – Keizer School District
• Comments from Cardno WRG relating to storm water drainage
• Written comments from Joan Pauley; Doug Harnar; Jeffrey and Teresa Deckard; Jim
Boatner, and Kevin Hohnbaum and Jane Mulholland (12-29-10 and 2-9-11), Sherry
Whitney, Michael and Mary Nored.
The Planning staff reviewed the above referenced case and offers the following comments.
I. GENERAL INFORMATION
APPLICANT: E Village, LLC is the applicant for the master plan and the Subdivision
applications.
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D. ADJACENT ZONING AND LAND USES: To the north of Lockhaven Drive is located
Keizer Station Area B which is undeveloped and zoned CM. To the east, across the
railroad tracks is Keizer Station Area ‘D’ which is undeveloped and is zoned Industrial
Business Park (IBP). To the south, lands are designated Public and developed with the
Keizer Little League. The properties to the west are primarily developed with single
family residential homes on lands which are zoned RS. The main exception is the existing
Countryside Christian Church fronting along the west side of McLeod Lane which is
designated Commercial office (CO).
II. COMMENTS
AGENCY COMMENTS:
A. The Public Works Department has submitted a memorandum with extensive comments and
recommendations regarding the proposal.
B. ODOT submitted comments that the project would be consistent with state requirements and
are similar to the comments that were provided as part of the master Plan of Area B
proposal.
C. Salem – Keizer School District provided comments relative to projected level of estimated
new students as a result of the redevelopment.
D. Salem Community Development Department indicated that they had reviewed the proposal
and had no comments.
E. PGE submitted comments that overhead facilities located on existing easements are to
remain overhead unless negotiated otherwise.
Notice was provided to property owners of land within Area ‘C’ and to property owners within 250
feet of the area included as part of the master plan. Joan Pauley, 1937 Moduc Dr NE, provided
comments generally opposed to the proposal due to impacts on nearby residential areas. Doug
Harner, Salem, commented that owns property adjacent to the west of the proposed apartments on
Lot 9 and would like access to his 2 acre parcel be considered. Jeffrey and Teresa Diekard, 5401
Ridge Dr, commented on the impacts that the proposal, and in particular the extension of McLeod
Lane and the needed street improvement along Ridge Drive would have on their property. Jim
Boatner on behalf of the Keizer Church of Christ, 5405 Ridge Dr, commented that they would not
like to be part of the master plan process, concerns about access into their property, affect the
application may have on their 1999 non-remonstrance agreement signed by the church. Kevin
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Hohnbaum and Jane Mulholland, 1985 Chemawa Road, provided a number of comments related to
transportation impact analysis and impacts that the proposed development may have on the adjacent
streets, relationship of Area C since it is designated MU as opposed to other areas of Keizer Station,
and that the Keizer Church of Christ was incorrectly referred to as the Keizer Christian Church,
Briefly, many of the comments are addressed in detail further in the staff report. This will include
addressing concerns about impacts on the adjacent residential area and mitigation to address any
traffic related impacts along not only the streets within the subdivision but also outside of the area to
be subdivided. Mr. Harnar’s comment to consider access to his property is addressed in the street
connectivity section with staff recommending a connection to his this parcel.
The Keizer Church of Christ did not authorize the submittal of the master plan application. It is not
a requirement that they authorize this type of application as it will only develop a master plan for
how Area C shall be developed. Their property is within Area C and while it is not included for any
development as is proposed it must be within the scope of the planning process. Their property is
shown to include an area that would allow for the potential for future church expansion although
such an expansion is only a concept at this time. As part of a condition use approval (CUP 97-05)
the church agreed to sign a non-remonstrance agreement agreeing to make certain public
improvement along a public right of way along that they dedicated along the north side of their
property. This right of way is now proposed to be made part of the extension of McLeod Lane and
now the prospect for this improvement is becoming timely. Staff has been working with
representatives from the church and the developer on this issue and may have additional information
to share with the planning commission at the meeting.
In response to the traffic concerns raised by Mr. Hohnbaum and Ms. Mulholland, the applicant was
required to submit a traffic impact analysis which has been reviewed by the City’s traffic engineer.
The areas that were selected for study were the same ones that the city determined were needed to
be studied as part of the submittal for master plan process of Area B. Also the mitigation measures
for the areas were required to identify which were related to the development of Area B, those
specifically related to Area C, and which were related to the development of both. Public Works
reviewed the TIA and their submitted comments document what public works believes to address
the impacts that will be caused by the development of Area C. These will include future
improvement at Lockhaven / River Road, and Lockhaven / 14 th as identified in the TIA. The
seasonal adjustment to the traffic counts were taken into account, and also that additional data
relative to queuing will be provided at the planning commission meeting.
Finally, as to whether the proposal exceeds the maximum square footage allocation for Area C it is
important to note the Section 2.107.02.I(g) exempts any retail uses that are within the vertical mixed
use buildings from counting against the 135,000 square foot limit.
During the public hearing in January before the Planning Commission 11 people provided
testimony, 4 in support of the proposal and 7 who testified in opposition. Two letters and a group of
photos of vacant condos were submitted into the record. Briefly, the comments in opposition
included concerns that the development would not be compatible with the adjacent area; that it
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would be inconsistent with the intent of the MU zone; that it would be a regional center as opposed
to a neighborhood commercial node; that the traffic issues were not being adequately addressed and
would adversely affect the area; that the two 5 story mixed use buildings would not fit in the area;
and, concerns that the residential units in the two mixed use buildings would be vacant.
The applicant has responded by submitting a revised site plan that eliminates the two five story
mixed use buildings and replacing them with a single 3 story mixed use building that will have no
residential units within it. This will address concerns over the height of the two buildings and that
whether the residential units will be occupied or remain undeveloped. The application is reviewed
for compliance to the MU zone criteria. While illustrative the purpose section of the MU section is
not intended to be used as review criteria and so only applicable review criteria and standards are
used to review the application. Compatibility issues are addressed in the applicable sections
governing screening and buffering. With the elimination of the two 5 story towers will assure that
the development is more compatible with the adjacent area. The applicant has submitted additional
information from their traffic consultant addressing concerns that were raised at the previous
meeting.
III. FINDINGS
A. Section 3.113.04.A - The master plan shall meet the purpose and objectives
identified in the Keizer Station Design Plan.
FINDINGS:
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A. Purpose. Area C (36 acres) is intended to allow for a mix of uses, both residential
and commercial as well as opportunities for connection to public transit. Key issues
that will need to be considered as the Keizer Station Center area develops include:
FINDINGS: Access to Area C will be restricted to McLeod Lane and Chemawa Road and
extensions of thereof consistent with the existing TIA and required supplements. No direct access
onto Lockhaven Drive is proposed and none will be permitted. The proposed Master Plan is
consistent with the Area C objectives of supporting traffic operations on Lockhaven and Chemawa
because it is both consistent with the (1) original KSP TIA, and (2) the October 2010 Kittleson
TIA.
As part of the initial planning and design of Area A of the Keizer Station, a Traffic Impact
Analysis (TIA) was conducted that included a number of assumptions on the possible development
scenarios for Area C. The proposed site plan is consistent with those preliminary traffic
assumptions. The Applicant’s traffic consultant has conducted a preliminary evaluation of the
impact of development as provided in the proposed master plan on the transportation system. The
proposed street design is based upon this input. The October 2010 TIA is specific to Area C and
takes into account the submitted Area C Master Plan and outlines the necessary mitigation
measures required to adequately provide for an efficient and safe transportation system to serve the
area. The Applicant’s October 2010 TIA analysis is consistent with these assumptions and makes
appropriate adjustments for the variations in the proposed Master Plan. In particular, the TIA
outlines the impacts associated on the existing street system from the development. These impacts
include:
The proposed Master Plan for Area C will complement Area A and B of the Keizer Station. The
proposed Keizer Station Center Area ‘C’ development is intended to include a mix of both
residential and commercial uses while being reasonably compatible with existing residential
neighborhoods. The proposal is capable of accommodating a variety of uses in appropriate ways
including retail, office, dining, and other types of commercial businesses that are permitted in the
MU as well as the small amount of CR zoning within Area C. The proposed plan will allow
Area C to become an integral part of the overall Keizer Station development. While it is not
certain as to all of the exact uses that will be established, the proposal establishes a combination of
commercial retail, office, and multi-family residential uses in various footprint areas with assigned
use categories and square footage (or numbers of units as applicable). Because one of the proposed
uses is a larger format store, a corresponding amount of vertical mixed use is proposed as required
as well as at least 25% of the larger format store gross leasable square footage for mixed multiple
uses is to be drawn from Area C-1 Building 2 (Building 3 in Area C-1 has been eliminated entirely
but the numbering remained the same for convenience such that now there is no Building 3) and/or
Area 3 multi-family residential in the required amounts.
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The multi-family residential area is proposed to be situated between the proposed medical center
and the existing single family area to the south will provide a transition from this mixed use area to
the single family area to the south. It should be noted that the proposed apartment buildings are
shown at an elevation 8 to 10 feet above grade and this will increase the visual impact of these
buildings to nearby residences. As noted, further in this report staff does not accept the attached
storm drainage plan and is not sure why this area needs to be elevated to this extent. With the
requirement that this area be minimally elevated above natural grade will assure that the buildings
do not loom over the adjacent neighborhood. The applicant has indicated that several of the
proposed buildings have been placed so as to create a buffer between the adjacent neighborhood
and the larger retail uses. An example of this is the location of the medical center building which
will provide a visual buffer between some of the residences along Chemawa Road and the larger
format store. The larger format store is orientated such the loading area is away from
neighborhood view. Additionally the loading area is shown screened with landscaping in
addition to an architecturally articulated wall which will add further buffering and screening.
Larger landscape areas will include landscape water quality detention areas as a strategy for low
impact development to reduce the impact of storm drainage on city systems while at the same
time will create natural settings.
While a development of the size and scale as is proposed can have impacts on the adjacent
residential area these can be mitigated in ways to make the development more compatible with
existing residential development. These types of measures can include increased landscaping,
screening and buffering, building location, etc. Here the plan for Area C shows that the largest of
the buildings (Anchor 9 shown with 116,000 sq ft) will be situated in the southeast corner of the
site. While there is a single family residence and a church located nearby it is also the furthest
away from the homes along Chemawa Road. This location is an attempt to mitigate a number of
impacts owning to its size from the majority of nearby homes. This building is also shown
screened along the rear loading area and will have additional landscaping designed to added further
buffering effects. The area in the southwest corner that is designated for multi-family development
is located adjacent to the Keizer Church of Christ, little league field, and is at least 250 feet away
from the closest residence along Chemawa Road.
The buildings that are situated along the south side of Lockhaven Drive will be compatible with the
type of commercial development that has been approved in Area B across the street to the north.
They are all situated away from any nearby residences so will have virtually no impact to any
surrounding residential development. Previously, two mixed use 5 story buildings were proposed
to be located in area C-1 that were shown with commercial uses on the ground floor and residential
uses on the upper floors. In response to concerns about these buildings and the use mix from
residents and the school district, the applicant adjusted the proposal to (1) remove Building 3
altogether, (2) remove all the residential uses from Building 2 entirely , and (3) make Building 2 a
three story mixed use building composed of office use types and retail uses. The orientation of
Building 2 will continue to have the long ends away from the residential area, and, the use of
building materials, colors, and landscaping all seek to minimize any impacts that this might
otherwise have on the residential areas. The medical center building and two commercial buildings
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along the east side of Chemawa Road at the new intersection are shown to also make the use of
building materials, colors, and landscaping all seek to minimize any impacts that this might
otherwise have on the residential areas.
FINDINGS: The proposed Master Plan for Area C maintains the KSP objective of compatibility
with the existing residential development in the area by including a buffering multi-family
residential use, landscaping, and street connections that avoid intrusions and cut through traffic into
existing residential development serve the neighborhood, as well as pedestrian scale amenities such
as the proposed plaza, gathering areas, and pathways. The proposed Master Plan will allow for
the development of area transportation systems as shown in the 2004 TIA for Keizer Station as
well as the Kittelson October 2010 TIA. The uses and activities contemplated in the proposed
Master Plan will supply crucial critical mass of transit ridership to support the significant
proposed and approved transit investments in nearby eastern portion of Area B. Moreover, the
proposed Master Plan is in conformity with the Kittelson TIA as it improves the street systems
between Area C and Area B such that access to and from the transit facilities approved in Area B
are safe. The proposed mix of uses supports transit development by providing the potential for
increased transit ridership.
The proposed Master Plan provides for a variety of commercial businesses including medical
services, retail, restaurants, offices and the like providing a walkable destination that does not
currently exist for many of these services in this area. Development of the proposed Master Plan
will provide convenient pedestrian, bicycle and other vehicle access to Area C from the nearby
residential area. This convenience will allow for increased opportunities to walk or bicycle from
the surrounding neighborhoods to Area C supporting interconnection, needed services and
improving livability for the existing residential areas.
Recently, the City approved a text amendment that allowed the future commuter rail station to be
shifted from Area C north into Area B. Subsequent to the action the City approved a Master
Plan for Area B (2010-10) that included a commuter rail station in the eastern portion of Area B.
This Master Plan included a concurrent conditional use permit to allow the development of a
transit station to be operated by the Salem – Keizer Transit District. This transit station will
include the design of a commuter rail station. The Transit District commented during the public
hearing process that the proposed linkage of the two transportation system will create a viable
effect and that it will be an integral component of the transit station. With the shifting of the
commuter rail station into Area B will greatly enhance the potential for the future development
and operation of a commuter rail station and shows the City commitment to supporting this type
of transportation system. Therefore, the proposal satisfies this objective.
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Base Zones: In order to achieve the Keizer Station Plan Development Objectives, the
Comprehensive Plan designation for property within the Keizer Station Center area shall
be Mixed Use and Commercial. Property within the Keizer Station Center area shall be
zoned as follows:
Zoning Acres
Mixed Use (MU) 34.5
Commercial Retail (CR) 1.5
FINDINGS: Area C is zoned both MU and CR in accordance with this objective. The proposed
master plan indicates a variety of uses which are all listed in Section 2.109 (Commercial Retail)
and Section 2.107 (Mixed Use) zone sections and so complies with this objective.
Following Master Plan approval, as described earlier, subsequent development within Area C,
shall satisfy the development standards of the underlying zone, along with the following design
standards:
FINDINGS: The architectural elevations submitted with this application demonstrate the uses
proposed in the Master Plan comply with the development/design standards found within
KDC 2.315. Full construction plans for all uses are not required to demonstrate compliance with
this standard. As shown in the submitted documents and as conditioned, all of the proposed
buildings comply with the development/design standards of Section 2.315 and at the time of
building permit submittal the city will verify such compliance by determining consistency with
this approved Master Plan.
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The KDC contemplates specific approval of the proposed LFS and its corresponding vertical
mixed use and the 25% of the LFS’ gross leasable square footage to be established for mixed
multiple uses drawn from square footage in Area C-1 and other parts of Area C. Therefore, this
Master Plan approval seeks specific design approval and approval under applicable development
standards for the LFS, corresponding vertical mixed use and the 25% mixed multiple use
requirements. With the requirement that all buildings be approved for design review consistent
with the requirements within Section 2.315 will assure compliance with this objective. At the
time of building permit issuance, the city will verify such compliance by determining
consistency with this approved Master Plan. This is a non-discretionary administrative review
which does not require any additional public hearing.
B. Permitted Uses: All permitted uses listed in the corresponding base zones are
allowed in the Keizer Station Center
FINDINGS: The application lists that a variety of commercial uses ranging from retail to
medical office, multifamily residential will occur as part of the development of Area C. These
are all uses that are listed in either the MU or the CR zone districts, and so therefore meets with
this Objective.
C. Other Design Standards: In addition to the design standards in the underlying base
zones, Mixed Use – KDC Section 2.107 and Commercial Retail – KDC Section 2.109,
the following design standard shall apply to CR zoned properties within the Keizer
Station Center area as part of the Master Plan approval process:
FINDINGS: The attached drawings for the proposed development within Area C complies with
Section 2.107 and KDC 2.109, in addition to Section 2.315. All buildings located within the CR
area of sub-area C-1 are shown to have their primary pedestrian entrance oriented to Lockhaven
Drive as required and so complies with this provision.
Traffic operations on Lockhaven Drive are an important design issue as the Keizer Station
Center area develops. Careful consideration of the location of access points to Lockhaven
Drive, McLeod Lane and Chemawa Road will need to occur. Based on initial traffic
assessments for the overall Keizer Station Plan, the following traffic-related elements shall
be a part of future development of Area C:
B. Access to McLeod Lane and Chemawa Road shall be coordinated with properties on
both sides of these roads to minimize the number of access points and to align
primary access points opposite each other. At the City Traffic Engineer’s discretion,
driveways may be limited to right-in/right-out depending on anticipated traffic
flows.
C. The circulation system shall include provisions to provide pedestrian and bicycle
connections to the overall Keizer Station Plan area.
FINDINGS: The development of Area C will not include any new direct accesses onto
Lockhaven Drive. All access to directly serve the proposed development will be off either
McLeod Lane of Chemawa Road. The existing Ridge Drive is proposed to be vacated from the
extension of McLeod Lane north to Chemawa Road. The vacated Ridge Drive right-of-way will
be incorporated into the properties west of the existing roadway. The eastern-most fifteen (15)
feet of the existing right of way will accommodate a ten (10) foot wide multi-use path. McLeod
Lane is proposed to be widened and extended to the southeast to connect with an existing public
street. This new extension will serve the area to be developed with the larger format retail store,
multi-family development, medical office building, and other smaller businesses on the east side
of Chemawa Road. Lockhaven Drive and Chemawa Road will be widened and realigned to form
a new intersection.
The 2004 traffic report by Kittelson & Associates together with the October 2010 Kittelson TIA,
provides recommendations for transportation system capacity improvements for the study year
2020. These improvements will require that certain adjacent streets and roads be widened, signals
added or upgraded and certain streets realigned to accommodate the increased traffic to and from
the Master Plan Area C development and the regional traffic growth. Internal driveways will
provide access within the Master Plan area. The October 2010 TIA establishes that adequate
mitigation measures are provided for a safe and efficient flow of traffic on Lockhaven Drive.
At the time of roadway designs, the road improvements will provide upgraded, and/or new, street
lighting and street trees will be added. Sidewalks will be provided to allow pedestrians to travel
safely along the roadway system. Sidewalks and pathways will provide pedestrian connections
to the project site. The new multi-use pathway along the eastern boundary of the project will
provide a direct north-south pedestrian connection, new and improved sidewalks along the street
network will provide safe and efficient connections to specific areas throughout the project site.
For these considerations the proposal complies with this objective.
IV. UTILITIES
In addition to the development standards of Utility Lines and Facilities – Section 2.307 the
following standard shall apply to new utilities:
FINDINGS: Notwithstanding comments from PGE all utility connections will be required to be
placed underground and to be designed and constructed in accordance with Keizer Public Works
standards. The submitted plan indicates that they will be placed underground. With this placed
as a condition of approval will assure compliance with this provision.
V. LANDSCAPE
In addition to the development standards of Site and Landscape Design – Section 2.309 the
following standard shall apply:
A. A coordinated landscape plan, including the use of trees, shall be provided for the
frontage portion of the Keizer Station Center along Lockhaven Drive with the
request for master plan approval.
B. Restriction on Tree Removal. From the date of adoption of this ordinance, no trees
shall be removed from any property within Area C without approval from the City.
The City recognizes that factors such as disease and safety concerns or other
practical considerations may require the approval to remove such trees. The City
otherwise may determine existing trees to remain on the property.
1. Upon application for master plan approval, the applicant shall submit a tree
inventory of all existing trees and trees removed since the date of this ordinance.
FINDINGS: The intent of the requirement for a coordinated landscaping plan is two fold. First
it is to allow for a uniform landscaping throughout the development in a consistent and coherent
manner. Second, this requirement also stresses the landscaping along Lockhaven Drive. This is
especially important given that Lockhaven Drive is a main gateway corridor into the community
from I-5. The applicant submitted a landscaping plan which shows the types and amount of
landscaping that will be used throughout the proposed development of Area C. This objective
specifically highlights the landscaping and specifically trees are to be planted along Lockhaven
Drive. The applicant’s landscaping plan indicates that approximately 155 street trees will be
planted. This includes 32 trees along Lockhaven Drive, 77 trees along McLeod Lane, and 46
trees along Chemawa. The plan specifies that the trees will be 2 inch caliper trees which is
consistent with city requirements. The trees are indicated to include species such as Red Maple,
ash trees, some variety of oaks, locust, Zelkova, flowering pear, and a birch specie. The tree
planting plan will allow for uniform tree planting and will be compatible with the planting along
the streets in Area A and B. The varieties of trees will allow for a mix of seasonal canopy colors
and will also provide a natural buffer to some aspects of the development.
The intent of the second objective is to encourage the retention of trees on the property so that
they may be as much as possible included into the overall design of the development of Area C.
The applicant submitted a tree removal plan as part of the application. The plan shows the
location of 136 trees of various species throughout the area. It indicates that 126 trees are to be
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removed and 10 to be retained. It should also be pointed out that within the last two years at
least 56 trees were removed from the site without any prior approval by the city. All 126 trees
identified as needing to be removed are considered by the city’s regulations as being a
“significant tree” as well as the 56 trees which were previously removed. A “significant tree” is
a tree that is at least 12 inches in diameter or 50 feet tall. City code (Section 2.309.04.C)
requires that each one these trees be replaced at a 2 to 1 ratio. This will require that 364 trees be
planted to replace the trees that have been removed. The landscaping plan indicates that
approximately 627 trees are proposed to be planted throughout Area C. This includes: 155
street trees (32 trees along Lockhaven, 77 trees along McLeod Ln, 46 trees along Chemawa), 221
trees within the parking lots, 106 trees along the perimeter of the parking lots, 145 trees near
buildings / plazas. However, it appears that approximately 100 replacement trees are not
accounted for when all the trees required as part of the development (parking lot trees, street
trees, etc) are subtracted out. The developer will have the option of either providing additional
trees or providing to the off-site tree mitigation. The requirement to exercise one of these
options as a condition of approval establishes that the proposal complies with this provision.
B. Section 3.113.04.B - The master plan shall meet the following standards as identified
in the Keizer Station Plan in addition to standards within applicable zones:
1. Section 3.113.04.B.1 - Design standards
a. Multiple Use (MU)
The majority of Area C is zoned MU and therefore must comply with the standards in
Section 2.107. All of the proposed uses to be established within this area (as shown on
the proposed Master Plan) are permitted in the MU zoning district. A small 2.77 acre
area that is located in the northwest corner of Area C is zoned CR.
Section 2.107.05(B) - Retail uses as set forth in Section 2.107.02(I) are limited to
buildings not exceeding 10,000 square feet of gross leasable area except as provided
herein. Such retail uses over 10,000 square feet may be permitted as allowed in an
approved master plan subject to meeting the following requirements:
FINDINGS: The proposed development of Area C contains one retail business that will
contain more than 10,000 square feet. Consistent with this provision it will need to comply
with the all of the additional standards as outlined in Section 2.107.05(B).
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store as they are a minimum of 560 feet away from where this building will be
located. In addition, the majority of the dwellings along Chemawa Road will
have their view of the larger format store either fully or partially screened by the
location of the medical center building and or the Shops 7 and 8 buildings and so
meet with this objective.
FINDINGS: The proposed architectural design of the retail, office buildings and
multi-family buildings is consistent with the Keizer Station Master Plan criteria,
and in many instances, consistent with the design theme that was established for
the Keizer Station Area ‘A’ components. The proposal meets this standard
because regardless of view, it provides increased architectural features including
use of differing materials, color, textures on building facades. Specifically, the
proposal includes the use of integral colored split face concrete masonry units is
the primary exterior building wall material for the non multi-family structure
portion of the proposed Master Plan and will have varying colors and details
which will provide for an interesting visual appearance. Use of cultured stone at
the building base and other strategic areas will offer visual softening and
grounding to the building mass. In selected areas stucco finish will be provided to
the building forms. The buildings will be completed with exterior storefront
entrance and glass systems, sloping and horizontal metal awnings and canopies
for weather protection, and an articulated cornice which essentially caps the
building structures.
The mixed use retail, office, and residential building structures (identified as Shops 2 and
3) will use brick veneer, concrete base elements, and stucco finishes along the building
base, and will have exterior storefront and glass systems, and sloping and horizontal
metal awnings and canopies. The residential units above will be finished with stucco of
varying colors and detailing, and will include exterior decks. The building will have a
metal standing seam roof system. The proposed three story mixed use building will
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have a 55 foot height to the top of the roof ridge and will have a metal roof. While this
is greater than 50 feet, Section 2.107.06.A(4) specifies that the “height of vertical mixed
use development may exceed this limitation without a concurrent variance and maximum
height will be determined during master planning process.” The proposed Medical Center
building has not been designed however the applicant written statement indicates that it
will be consistent with the overall design and the examples supplied in the Master Plan.
The multi-family structures in Area C-3 will have a more residential appearance as is
show on the architectural details supplied on the Master Plan multi family schematics.
These indicate that the proposal complies with this requirement.
iii Section 2.107.05(B)(4) - Include architectural features that reflect those of the
remainder of the building around any outdoor garden / nursery area to include such
things as hard walls, windows and awnings.
FINDINGS: The larger format store includes a 6,800 square foot garden nursery
sales area that as noted on the Master Plan and its exhibits meets each of these
standards.
FINDINGS: The applicant has indicated that this is in the Master Plan and its
Exhibits. The larger format store is shown with a garden area and storage racks
along the west side of the building. This area shown for the garden center is
immediately adjacent to the building as is required. Compliance with this
standard is a condition of approval that will assure compliance with this
provision.
FINDINGS: The applicant’s proposal indicates that the exterior site and building
lighting for this development will be consistent with the design concept incorporated
within the Area ‘A’. 1000 watt metal halide fixtures mounted on light poles of
appropriate height will be provided throughout the parking areas and will include light
cut off shields will be provided at fixtures adjacent to residential areas which will provide
a level of sensitivity to light spillage off the proposed development. In Area ‘C-2’, 1000
watt metal halide fixtures will be provided mounted on appropriately sized poles. The
exterior building lighting will offer for the security and safe environment for building
users and shoppers, and will be architecturally compatible with the building design and
character and so meets with this standard and so complies with this provision.
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FINDINGS: The larger format store is orientated such that the loading area is away from
neighborhood view and will be adequately screened with an enhanced landscape area and
an articulated masonry wall. A small, outdoor gathering and seating area will be
provided on the entry (North) side of the building. The submitted TIA adequately
addresses traffic impacts and the applicant will be required to comply with the
recommendations of the TIA as a condition of approval.
FINDINGS: The only facility that satisfies the definition of a Larger Format Store is
the Anchor 9 building shown in Master Plan subarea C-2. This building is composed of
approximately 116,000 square feet of gross leasable area. The 6,800 square foot garden
nursery sales area described above has been provided, and is in addition to the actual
building square footage, and is not a part of the gross leasable area consistent with
industry standards, the Keizer Code and the manner in which the council has interpreted
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the Keizer Code with respect to other parts of the Keizer Station including Area A
(Lowes).
This means that with 116,000 square feet of LFS, that 29,000 square feet of multifamily
residential or other “nonretail” as defined must be included in the Master Plan area. This
requirement is contemplated to be satisfied from either the medical office building or the
multifamily uses proposed for Area C-3. . The Applicant has indicated that it
understands that this square footage is in addition to the vertical mixed use square footage
also required and which will likely be drawn from Building 2 in Area C-1. The proposal
meets this requirement.
ix. Section KDC 2.107.05D(2) - For each square foot of vertical mixed
use development in the Master Plan area, the Larger Format Store can be
increased above 80,000 square feet by an equivalent amount.
FINDINGS: The larger format store (Anchor 9) is approximately 116,000 square feet. This is
36,000 more than 80,000 square feet. According to the above standard this requires the Master
Plan to establish vertical mixed use in the Area C Master Plan area in the amount of at least
36,000 square feet. This vertical mixed use standard is proposed to be met from Area C,
subarea C-1 Building 2 which will be developed with vertical mixed use as defined in KDC
2.107.01 as follows: “Vertical mixed use is a building in which significant amounts of differing
uses are located in the same building with different uses on different floors. While mixed use
development is primarily intended to consist of retail or other businesses on the ground floor
with housing or office uses on upper stories it is not required that every building within a mixed
use area is developed with different uses within it.” Building 2 is proposed to be composed of
the following mixed uses:
The minimum required amount of vertical mixed use is proposed and therefore satisfies this
provision.
FINDINGS: The proposal establishes that all mixed use and vertical mixed use that is
required will take place in Area C. Moreover, the applicant has indicated that it is aware
of, and understand, that a condition of approval will be imposed as required by this
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section to ensure that the non-retail mixed use and vertical mixed use developments will
be constructed either before or concurrent with the development of the larger format
store. While it is possible that other areas and buildings within Area C could satisfy this
condition of approval, the buildings anticipated to satisfy the “concurrency” requirement
condition to enable the certificate of occupancy for the larger format store, are the
buildings labeled as Building 2 in Area C-1 for the vertical mixed use and either the
medical center building or multi family proposed buildings in Area C-3. The applicant
shall demonstrate compliance with the requirement of KDC 107.05.D.3 where the
proposed “development be constructed before or concurrently with the Larger Format
Store”. This compliance shall require the issuance of all electrical, plumbing, mechanical
and building permit(s) for the required mixed use components of the development before
issuance of any building permits for any retail store exceeding 10,000 sq ft. Prior to
issuance of the Certificate of Occupancy of the Larger Format Store, the required mixed
use development shall be completely constructed and shall have been issued the
Certificate of Occupancy. In the alternative, and only if the applicant has been issued the
required mixed use component building permits, the applicant can choose to delay
construction of the required mixed use components by entering into an agreement or
agreements with the city that requires conveyance or forfeiture to the City of the lots
where the mixed use components are to be constructed if the construction of the required
mixed components are not completed within five (5) years of the issuance date of the
Larger Format Store building permit. Such agreement(s) shall be approved by the City
Attorney and may include immediate conveyance of the required mixed use property,
subject to reconveyance to the applicant upon evidence and guarantee of the construction
of the required mixed use building components. All recording, escrow and title costs in
connection with the agreements shall be paid by applicant. With the requirement that the
vertical mixed use development is placed as a condition of approval will assure
compliance with this provision.
xi. Section 2.107.05(E) - A limitation of the total floor area for specified
uses applies to all of Area C – Keizer Station Center of the Keizer Station
Plan. A maximum total floor area shall apply to the uses identified in
Section 2.107.02(I). This maximum floor area is set forth in the Keizer
Station Plan; however this maximum floor area may change as part of an
approved master plan or amended master plan.
FINDINGS: The KSP allocates 135,000 square feet for the 2.107.02(I)
“specified uses.” The submitted master plan proposal observes this restriction
and contains a total of 135,000 square feet for retail uses throughout Area C. No
reallocation is sought as part of this application.
“b. The pathway system shall extend throughout the development site,
and connect to all future phases of development, adjacent trails,
public parks and open space areas wherever possible.
“c. Pathways with developments shall provide safe, reasonably direct and
convenient connections between primary building entrances and all
adjacent streets and parking areas.
“d. For all developments subject to Master Plan review, pathways shall
connect all building entrances to one another. In addition, pathways
shall connect all parking areas, storage areas, recreational facilities
and common areas (as applicable), and adjacent developments to the
site, as applicable.
“e. Recessed entries, canopies, and/or similar features shall be used at the
entries to a building in order to create a pedestrian scale.
FINDINGS: The proposed site plan shows the location of walkways and sidewalks
which will connect with the buildings, parking areas and streets. The sidewalks and
pathways also connect the proposed uses to the surrounding neighborhood to Area C.
The series of internal concrete walkways, sidewalks, and plazas have been provided and
are directly connected to the new sidewalks associated with all public street
improvements. All walking areas will be required to be designed and constructed to city
standards thereby making them safe for pedestrians.
A shared walkway and bicycle path has been provided along the eastern border
of Area ‘C-2’ which provides connection from the existing Ridge Drive to
Lockhaven Drive and which then will connect to the regional pathways system
as well as the future proposed Area ‘B’ development. The Master Plan for Area
C includes gathering areas which will include tables and chairs, umbrellas,
smaller bench type seating, and smaller trash containers. The larger gathering
areas will be provided with concrete plazas provided with scoring patterns,
variations in the finish surface from a light broom finish, a salt finish, to an
exposed aggregate finish. Color will be introduced in some areas enhancing the
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overall character. Structured trellis areas offering a third dimension to the scale
of these gathering areas will also be provided. Therefore, the proposal meets with
this provision.
FINDINGS: The Master Plan encourages traffic to enter and exit the development at
particular locations that are designed to accommodate multi-modality in the area and the
safe and efficient flow of traffic. The October 2010 TIA for Area C also includes
recommendations to maintain a safe and efficient transportation network and its
recommendations will be adhered to in the development of Area C. No driveways will be
permitted along Lockhaven Drive so only McLeod Lane (both the existing portion and
the proposed extension) and Chemawa Road will provide ingress and egress to the
development.
c. Activity Support – The proposed site layout and building design encourage
legitimate activity in public spaces. For example, locating outdoor seating in areas
that are visible from inside a restaurant helps to discourage crime and supports the
activity of dining; and
d. Access Control – By properly siting and designing entrances and exits (i.e., in
clear view from the store), and through the appropriate use of lighting, signs and/or
other features, the proposed plan controls access in ways that discourage crime;
and/or
e. The proposal contains an equally good or superior way to achieve the intent
of the above criterion and guidelines.
FINDINGS: The proposed Master Plan for Area C contains a number of elements such
as landscaping, use of pavement features such as plazas that will define ownership
through design. The plan has been developed with crime prevention and security in
mind. Buildings are proposed to be located so they will be visible from the adjacent
streets, and lighting will be provided throughout the development to promote surveillance
and safety. The public spaces located throughout the development are adjacent to
buildings and are visible from the street so as to discourage activity not associated with
the primary uses of the development. The landscaping that is located along the site
perimeter and within the development is located such that it should not block surveillance
of the site. For these reasons the proposal satisfies this provision.
FINDINGS: No off street parking reduction or waiver has been requested and so
this section is not applicable.
FINDINGS: The Master Plan for Area C makes use of public open space as well as
sidewalks and landscaping. Among other things, in Area C-2 there is a plaza, a system of
interconnected pathways is provided, with pedestrian scale landscaping and hardscaping.
The plaza areas will include benches and table for the public to use. The open plazas
areas are located adjacent to buildings shown within Area C. With these provisions this
standard is met.
FINDINGS: A response to KDC 3.113.05 is below. The Master Plan complies with
2.107.05.G.6. The proposed Master Plan includes drawings and schematics including
extensive design and the architectural detail of Area C. Therefore, the buildings within
the Master Plan area will comply with the provisions of the KDC and provide an
appropriate level of human scaled building design. While the exact design of all
buildings is not yet known, the design for Anchor 9 (the LFS) and many of the
commercial / mixed use buildings has been provided as well as the information for the 3
multi-family buildings. Architectural typicals have been provided for other buildings
which satisfy applicable requirements.
The elevation and other information about the LFS is provided in Revised MP-12 to 15
and 17. The plans indicate that the LFS building will include windows or window like
features along the north facing building façade, canopies, a roof line that will have
changes in elevation with a mid-section that will be higher than the ends. The building is
larger, but through the use of materials and colors and architectural features and added
landscaping it has a more appealing aesthetic character. Revised plans submitted by the
applicant establish that the LFS windows or window like features in the areas east and
west of the entry with arched faux windows should have this recessed area in the form of
glass or spandrel glass. This will provide more contrast and a better sense of rhythm to
the windows.
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Retail 1 makes use of windows, entryways, change in color and building materials as well
as roof line elevations to make a human scale building design. Building 2 makes use of
differing colors and materials to present an interesting architectural design. The ground
floor of each building is shown with windows and storefronts that provides a commercial
sense to the building design and a sense of rhythm to the window placement. Office 5
and 6 each make use of windows, differing building material, colors, and entry ways to
provide a varying design that will be human scale. Also, the roof line makes use of
changes in elevation of the parapets to avoid a uniform roofline. While Shops 7 and 8
continue this architectural theme and area similar to the office buildings the applicant has
submitted revised plans showing the two facades facing the street with additional
features such as windows, awning, and other features added. The apartment buildings are
by their nature residential and not commercial buildings and so some aspects of the
design do not incorporate items such as plazas, etc. These three buildings have been
designed to comply with the residential design requirements and will be similar to
designs used in other multi-family developments. In all cases, however, architectural
typicals have been submitted which show that a variety of human-scale elements will be
utilized so as to comply with this KDC provision.
(1) *****
(2) Multi-family development must comply with the density standard in Section 2.107.07.I
(3) Parcel size shall be adequate to contain all structures within the required yard
setbacks.
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(4) Height of vertical mixed use development may exceed this limitation without a
concurrent variance and maximum height will be determined during master plan
process.
FINDINGS: As is evident from review of the submitted Master Plan for Area C and its
exhibits, each of the buildings shown on the proposed Master Plan within the MU zone
complies with these standards. The Vertical Mixed Use buildings in Building 2 exceeds
the maximum height, but this is allowed per the code for Vertical Mixed Use as specified
in #4 above. Also, there being no minimum average width or average depth standards.
The application contains a separate but concurrent subdivision request to create 9 lots.
These lots all appear to be adequate in size to contain all structures and maintaine the
required yard setbacks, although as discussed further detail below some of the buildings
may not be constructed until Phase 2 due to conflicts with property lines / setbacks.
(1) For all MU zoned property fronting Cherry Avenue south of Manbrin
Drive the minimum setback shall be 5 feet and the maximum shall be 10
feet for yards adjacent to Cherry Avenue. The maximum setback shall
apply to the primary wall of the building. Indentations in the primary wall,
such as alcoves, courtyards, etc. have no maximum setback.
(2) Zero side yard dwelling units are subject to the setback provisions in
Section 2.404.
(3) The rear yard setback shall be as follows: 14 feet for a 1-story single
family home, duplex, or multi-family building; 20 feet for a 2-story single
family home, duplex, or multi-family building. Setbacks are to be
measured from the architectural rear of the building regardless of the
building’s orientation to the property lines.
(4) The rear and side yard setbacks adjacent to a residential zone shall be no
less than the minimum rear yard setback of the zone on the adjacent
property. In no case shall the setback be less than 10 feet, except there is
no required setback adjacent to a non-residential zone.
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(5) Setbacks are measured from property lines, not easement lines. However,
no structure shall be placed any closer than five feet from the edge of an
access easement or 20 feet from the right-of-way of an arterial or collector
street.
(6) The garage entrance setback shall be measured from the property line or
edge of private access easement to the entrance of the garage. The
centerline of the driveway shall be measured if the driveway to the garage
entrance is not perpendicular to the property line or private access
easement. In no case shall a garage be set back less than the minimum
front, side, and rear setbacks.
There are 5 buildings located along the south side of Lockhaven Drive (Shops 2, Retail 1,
Office 4, Office 5 and Office 6). With the exception of the building identified as Retail 1
all other buildings exceed this requirement. Retail 1 is shown at 20 feet from the
property line along Lockhaven Drive and complies with this provision. Building 2 is
shown at least 20 feet from McLeod Lane and so meets this provision. Along Chemawa
Road the buildings also meet this requirement. Retail 1 along the west side of Chemawa
Road and Shops 7 along the east side each are at least 20 feet from the street and meet
this requirement. The other buildings (Medical Center, Shops 8, Shops 3, and office 4 all
meet this requirement.
Shop 8 on Lot 4 is 80’ to Chemawa Rd; 10’ to McLeod extension; 50’ to SE property
line; 100’ to east property line, and meets all building setbacks.
Shop 7 on Lot 4 is at least 20 feet to Chemawa Road and also meets the setback
requirement requirement.
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Office 6 shown as being on Lot 2 in Phase 1 is 70 feet to the property line along the south
side of the ODOT parcel; 10’ to the south property line; 15’ to the east property line and
550’ to the west property line. The setback to the east is only adequate provided the
Ridge Drive right of way is vacated. If not then it must maintain a 10’ setback from the
edge of the ROW. The proposal is to vacate Ridge Drive and so long as this is a
condition to approval for the proposed setbacks this requirement is met. If this portion of
Ridge Drive right of way is not vacated, then Office 6 may not be constructed until the
applicant submits plans establishing the required setback for this building is met.
Retail 1 on Lot 6 meets the 20 foot setback to either Lockhaven Drive and to the property
line along Chemawa Road. This building is shown in Phase 2.
Building 2 is located on Lot 5 but in Phase 2 and will likely not be developed until Phase
2.
It is 20 feet from the property line along McLeod Ln; 50’ to Lockhaven Dr; and about 40’
to the east property line. Therefore, it meets all required setback standards.
Office 5 is located on Lot 2 in Phase 1. This is the only building that does not show that
it meets all required setbacks. This building is located 90’ from the east property line
assuming Ridge Drive is vacated; 90’ to the south property line; 250’ to the proposed line
between Lots 2 and 3 or 400’ to Chemawa Rd. However, if the building is to be
developed as part of Phase 1 it will require 10 foot setback to the ODOT property line.
Before Office 5 may be developed, plans must be submitted to staff establishing the
required setback is met.
The Medical Center building is shown on Lot 8 . It is not shown to develop in Phase 1.
developed as part of Phase 1. As part of the Phase 3 development, it is shown 22’ to the
Chemawa Rd; 70’ to the southwest corner; 25’ to the McLeod Lane extension and 290’ to
the south property line meeting all required setbacks. The Planning Commission
determined that the building should be located an additional 8 feet further from Chemawa
Road so as to make it be more compatible with the existing residential neighborhood.
The 3 multi-family buildings shown on Lot 9 are all oriented so the sides of the buildings
are facing north and south and are 140’ and 10’ respectively from those property lines;
and have 20 foot plus rear yards. This meets all required setbacks.
With the requirement that all buildings comply with building setback requirements placed
as a condition of approval ensures that this standard is met.
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xx. Section 2.107.07.A - Off Street Parking: Parking shall be as specified in Section 2.303.
FINDINGS: The site plan demonstrates that sufficient parking will be provided on the
site as required and will not use any on-street parking along any of the adjacent public
streets. The Master plan shows a total of 1,072 parking spaces provided throughout the
whole site (Sheet MP-3). The plan indicates that the development will include 7 sub-
areas within the development. Sub-area C-1 which is comprised of Retail 1 and Mixed
Use Retail/Office Building 2, is shown with 148 parking spaces and 153 parking spaces
is the minimum amount required and so this sub-area meets the parking provisions. Sub-
area C-2a (Office 4, office 5, and Office 6) is shown with 140 parking spaces where the
minimum amount required is 46 spaces and the maximum allowed is 69 parking spaces.
Hence, this sub-area has twice the amount of parking that can be permitted. The
applicant has indicated that they seek to have the additional parking spaces be available
for surplus parking to other uses in Area C. If this is the case it will be a requirement that
cross parking easements be granted allowing these spaces in Area C, Sub Area C-2a to
be used by other businesses. Sub-area C-2b (Shops 7 and 8) is shown with 46 parking
spaces where 34 is the required minimum and so this sub-area meets the parking
provisions. Sub-area C-2c (Anchor 9) is shown with 508 parking spaces where 386 is the
required minimum and the maximum amount is 580 parking spaces and so this sub-area
meets the parking provisions. Sub-area C-3 (Medical Center) is shown with 230 parking
spaces where 177 is the required minimum and the maximum amount is 265 parking
spaces and so this sub-area meets the parking provisions. The multi-family area is
shown with 146 parking and the minimum required is 146 parking spaces so this sub-area
meets this requirement. As provided on the concept site plan, the parking as shown will
satisfy the standards for the uses proposed provided that amount is parking in Sub-area C-
2a is reduced by more than half or a cross parking easement is granted in this area
(Subarea C-2a) to allow other businesses in Area C to be able to use this surplus parking.
1. * * * * *
3. * * * * *
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xxiii. Section 2.107.07.C - Yards and Lots: Yards and lots shall conform to the standards of
Section 2.312.
Shop 7 on Lot 4 is at least 20 feet to Chemawa Road and meets the 20 foot minimum
setback requirement.
Office 6 shown as being on Lot 2 in Phase 1 is 70 feet to the property line along the south
side of the ODOT parcel; 10’ to the south property line; 15’ to the east property line and
550’ to the west property line. The setback to the east is only adequate provided the
Ridge Drive right of way is vacated. The proposal includes to initiate proceedings
leading to the eventual vacation of this Ridge Drive right of way. If this is not vacated,
then it must maintain a 10’ setback from the edge of the ROW. However, such vacation
is anticipated.
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Retail 1 on Lot 6 meets the 20 foot setback to both Lockhaven Drive and to the property
line along Chemawa Road. This building may be developed in Phase 2.
Building 2 is located on Lot 5 can not be developed until Phase 2. It is 20 feet from the
property line along McLeod Ln; 50’ to Lockhaven Dr; and about 40’ to the east property
line. This proposed building meets all required setbacks.
Office 5 is located on Lot 2 in Phase 1. It is located 90’ from the east property line
assuming Ridge Drive is vacated.; 90’ to the south property line; 250’ to the proposed
line between Lots 2 and 3 or 400’ to Chemawa Rd. However, if the building is to be
developed as part of Phase 1 it will require 10 foot setback to the ODOT property line.
Before Office 5 may be developed, plans must be submitted to staff establishing the
required setback is met.
Medical Center building is on Lot 6 and is shown part of Phase 3 and is shown 25’ to the
Chemawa Rd; 70’ to the southwest corner; 25’ to the McLeod Lane extension and 290’ to
the south property line and meets all setback requirements. The Planning Commission
determined that the building should be located an additional 8 feet further from Chemawa
Road so as to make it be more compatible with the existing residential neighborhood.
The 3 multi-family buildings shown on Lot 9 are all oriented so the sides of the buildings
are facing north and south and are 140’ and 10’ respectively from those property lines;
and have 20 foot plus rear yards and meets all setback requirements.
With the requirement that all buildings comply with building setback requirements placed
as a condition of approval, this standard is met.
xxiv. Section 2.107.07.D - Signs: Signs shall conform to the requirements of Section 2.308.
FINDINGS: An overall signage program has not been developed for Area C; only the
building sign for the LFS is included. The locations for freestanding signs are shown on
the site plan for convenience. The exact design of these signs has not yet been developed,
but it is understood that they will be limited to 100 square feet in area and must be located
outside of vision clearance areas, with a limit of one per street frontage. These locations
are outside of vision clearance areas and adequately provide appropriate levels of
identification for the businesses located within Area C. Area C will be considered an
integrated business center by the development code and as such will be allowed one
freestanding sign per street frontage. At the time of construction, sign permits and
building permits will be obtained as required, and all signage will conform to the
standards set forth in section 2.308 of the KDC.
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1. Allowed area. For wall, canopy and projecting signs on individual businesses within
an integrated business center, one and one-half square feet of total allowed sign area
for each lineal foot of building frontage for the individual business, up to a total
maximum of 150 square feet per business. The sign area of a projecting sign shall be
calculated as a free-standing sign. Individual businesses may not assign their unused
allowed area to other businesses in the integrated business center. Free standing
signs are permitted only as set forth below and in Section 2.308.08.C.
FINDINGS: The front elevation of the LFS has a building frontage of 430’-8” in length.
Four signs are proposed on the front façade, the main tenant identification sign, a sign
over the main entry vestibule, recycle center, and the entrance to the garden area. The
sign package for the front elevation contains 484.18 square feet of sign area exceeding
the 150 square feet area allowed. No concurrent variance application was submitted for
review and so it will be a requirement that signage be limited to 150 square feet
consistent with sign code regulations. All individual signs will require separate review
for compliance through the city’s sign permit review process.
FINDINGS: The left elevation of the LFS has a building frontage of 290’-8” in length.
One sign is proposed on this façade over the proposed drive-through facility. The area of
this proposed sign is 39.99 square feet and is within the allowable sign area maximum of
75 square feet. All individual signs will require separate review for compliance through
the city’s sign permit review process.
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FINDINGS: The applicant has indicated that accessory structures are contemplated in the
3.47 acres of MU zoning in the southwest which is subject to the Master Plan site plan for
a proposed multi-family development. The submitted site plan establishes that all
proposed accessory structures will comply with relevant standards at the time a building
permit is sought. This standard is met.
xxvi. Section 2.107.07.G - All required yards shall be landscaped. Landscaped areas shall
be landscaped as provided in Section 2.309. The minimum landscaped area
requirements shall be as follows: Commercial development: 15%; Mixed
commercial and residential development: 20%; Residential development: 25%
FINDINGS: The proposal includes a landscaping plan. Specifically, Area C-3 includes
both proposed commercial and multi family uses in separate areas within that sub area.
Thus, regarding the proposed 3.47 acres of multi-family use, the submitted conceptual
site plan shows that 48% is contemplated to be landscaped, exceeding the 25%
landscaping standard requirement. The balance of Area C in MU zoning establishes
compliance with this standard as is evident from the submitted site plans. The submitted
Master Plan demonstrates these standards are met.
xxvii. Section 2.107.07.H - Lot Coverage: The maximum coverage allowed for buildings,
accessory structures and paved parking shall be as follows: Commercial
development: 85%; Mixed commercial and residential development: 80%;
Residential development: 75%
FINDINGS: The proposed Master Plan demonstrates that the above standards are
satisfied. In the area to be developed with the multifamily residential development on
Lot 9 the applicant has indicated in the applicant’s statement that approximately 52% of
this lot will be developed with buildings, paved parking areas, and accessory structures.
However, based on a review of the attached exhibits staff believes that the actual area
that will be developed with these features is approximately 76% of the lot. Lots 2
through 8 all appear to have 85% of each lot covered with building, parking areas and
driveways and so comply with this provision. Lots 5, 6 and 7 have mixed commercial
and residential development is shown with approximately 80% of the lot covered with
this type of development. Therefore, it is evident that the Master Plan will be developed
in a way that is consistent with the above standards.
xxviii Section 2.107.07.I - Density: For property zoned MU as identified in the Keizer
Station Plan, the minimum density for subdivisions, partitions, multi-family or any
residential development shall be a minimum 8 units per acre and a maximum 24
units per acre, except there shall be no minimum residential density requirement for
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multi-family development within a mixed use building. The minimum density for
multi-family development shall be 8 units per acre; the maximum density shall be 24
units per acre, except there shall be no minimum residential density requirement for
multi-family development within a mixed use building.
FINDINGS: The Master Plan includes a 3.47 acre area in the southwest in Area C-3 that
is devoted to multi-family development. The site plan for this part of Area C establishes
that all of the above standards either are satisfied or can feasibly be satisfied at the time
of building permit approval. Specifically, Sheet MP3.4 shows that the proposed density
for these multi-family units will be 21.1 units per acre, within the maximum allowed. In
Area C-1 two mixed use buildings are proposed. The Master Plan establishes that the
mixed use buildings in Area C-1 also comply with this standard or it is feasible for
specific drawings submitted at the time of the application for the building permit to meet
these standards. These standards are met.
A. Off-street parking:
2. No off-street parking is required for uses above the ground floor. (5/98)
3. The off-street parking requirement for residential uses is one space per unit.
(5/98)
4. If mixed uses on the ground floor exhibit peak parking demand at different
times, the resulting parking requirement is limited to the number of spaces
generated at the highest combined peak demand at any one particular time.
(For example, if there is a movie theater exhibiting peak parking demand
between 7:00 and 10:00 PM with a total requirement of 100 spaces, and a pet
store exhibiting peak demand between 1:00 and 5:00 PM with a requirement
of 50 spaces, the total requirement for the building would be 100 spaces.)
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FINDINGS: The site plan demonstrates that sufficient parking will be provided on the
site as required and will not use any on-street parking along any of the adjacent public
streets. The Master plan shows a total of 1,072 parking spaces provided throughout the
whole site (Sheet MP-3). The plan indicates that the development will include 7 sub-
areas within the development. Sub-area C-1 which includes Retail 1, and Mixed Use
Retail/Office Building 2, is shown with 148 parking spaces and 153 parking spaces is the
minimum amount required and so this sub-area meets the parking provisions. Sub-area
C-2a (Office 4, office 5, and Office 6) is shown with 140 parking spaces where the
minimum amount required is 46 spaces and the maximum allowed is 69 parking spaces.
Hence, this sub-area has twice the amount of parking that can be permitted. The
applicant has indicated that they seek to have the additional parking spaces be available
for surplus parking to other uses in Area C. If this is the case it will be a requirement that
cross parking easements be granted allowing these spaces in Area C, Sub Area C-2a to
be used by other businesses. Sub-area C-2b (Shops 7 and 8) is shown with 46 parking
spaces where 34 is the required minimum and so this sub-area meets the parking
provisions. Sub-area C-2c (Anchor 9 the LFS) is shown with 508 parking spaces where
386 is the required minimum and the maximum amount is 580 parking spaces and so this
sub-area meets the parking provisions. Sub-area C-3 (Medical Center) is shown with 230
parking spaces where 177 is the required minimum and the maximum amount is 265
parking spaces and so this sub-area meets the parking provisions. The multi-family area
is shown with 146 parking and the minimum required is 146 parking spaces so this sub-
area meets this requirement. As provided on the master plan, the parking as shown will
satisfy the standards for the uses proposed provided that amount of parking in Sub-area
C-2a is reduced by more than half or that a cross parking easement be granted in this area
(subarea C-2a) to allow other businesses in Area C to be able to use this surplus parking.
C. Yards and Lots. Yards and lots shall conform to the standards of Section 2.312.
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Shop 8 on Lot 4 is 80 feet to Chemawa Rd; 10 feet to McLeod Lane extension; 50 feet to
SE property line; 100 feet to east property line, and will meet all building setbacks (which
includes yards).
Shop 7 on Lot 4 is less than 20 feet to Chemawa Road and meets the 20 foot minimum
setback requirement.
Office 6 shown as being on Lot 2 in Phase 1 is 70 feet to the property line along the south
side of the ODOT parcel; 10’ to the south property line; 15’ to the east property line and
550’ to the west property line. The setback to the east is only adequate provided the
Ridge Drive right of way is vacated. If not then it must maintain a 10’ setback from the
edge of the ROW. As provided above, the applicant will be required to either submit
plans establishing compliance with the required setback or vacate the portion of the
Ridge Way right of way in order to construct Office 6.
Retail 1 on Lot 6 meets the 20 foot setback to either Lockhaven Drive or to the property
line along Chemawa Road. This building will likely not be developed until Phase 2.
Building 2 is located on Lot 5and likely will not be developed until Phase 2. It is 20 feet
from the property line along McLeod Ln; 50’ to Lockhaven Dr; and about 40’ to the east
property line. It meets all required setbacks (which includes yards).
Office 5 is located on Lot 2 in Phase 1. It is located 90’ from the east property line
assuming Ridge Drive is vacated.; 90’ to the south property line; 250’ to the proposed
line between Lots 2 and 3 or 400’ to Chemawa Rd. However, if the building is to be
developed as part of Phase 1 it will require 10 foot setback to the ODOT property line.
Before Office 5 may be developed, plans must be submitted to staff establishing the
required setback is met.
Medical Center building is on Lot 6 and is shown part of Phase 3 and is shown 25’ to the
Chemawa Rd; 70’ to the southwest corner; 25’ to the McLeod Lane extension and 290’ to
the south property line. It meets all required setbacks (which includes yards). The
Planning Commission determined that the building should be located an additional 8 feet
further from Chemawa Road so as to make it be more compatible with the existing
residential neighborhood.
The 3 multi-family buildings shown on Lot 9 are all oriented so the sides of the buildings
are facing north and south and are 140’ and 10’ respectively from those property lines;
and have 20 foot plus rear yards. It meets all required setbacks (which includes yards).
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With the requirement that all buildings comply with building (including yard) setback
requirements placed as a condition of approval will ensure that this standard is met.
FINDINGS: An overall signage program has not been developed for Area C only the
building sign for the LFS is included. The locations for freestanding signs are shown on
the site plan for convenience. The exact design of these signs has not yet been developed,
but it is understood that they will be limited to 100 square feet in area and must be located
outside of vision clearance areas, with a limit of one per street frontage. These locations
are outside of vision clearance areas and adequately provide appropriate levels of
identification for the businesses located within Area C. Area C will be considered an
integrated business center by the development code and as such will be allowed one
freestanding sign per street frontage. At the time of construction, sign permits and
building permits will be obtained as required, and all signage will conform to the
standards set forth in section 2.308 of the KDC.
FINDINGS: If any accessory structures are proposed to be situated on any lot they will
be required to be located so they comply with the requirements in Section 2.312. With
this placed as a condition of approval will assure compliance with this provision.
F. Storage, Trash, and Service Functions: Storage areas, trash, recycling, utilities and
other service functions shall be located within the main structure if possible. If any
of the above functions are located outside the main structure, the area containing
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the function must be screened with a solid, durable structure that is architecturally
related to the building.
FINDINGS: The master plan indicates that there will be a number of trash enclosures
located throughout the development. These are shown to be located near the buildings
that will be using these facilities. From the plans it is not possible to verify whether they
will be architecturally related to the main building so this will be placed as a condition of
approval.
FINDINGS: The proposal includes a landscaping plan. Specifically, Area C-3 includes
both proposed commercial and multi family uses in separate areas within that sub area.
Thus, regarding the proposed 3.47 acres of multi-family use, the submitted conceptual
site plan shows that 48% is contemplated to be landscaped, exceeding the 25%
landscaping standard requirement. The balance of Area C in MU zoning establishes
compliance with this standard as is evident from the submitted site plans. The submitted
Master Plan demonstrates these standards are met.
H. Landscaping-Parking Lots: One tree shall be provided for every eight parking
spaces in parking lots. The trees shall be dispersed throughout the parking lot in
minimum four by four foot planters located between parking spaces.
FINDINGS: The intent of this requirement is to create a parking area which has a treed
feel to it. The allowance for a tree per every 8 parking spaces will result in a “greening”
of the parking areas and avoid them from becoming an otherwise barren sea of asphalt.
The planting of trees within the parking area will create shade which will help to reduce
summer temperatures within the parking area. It will also help to increase the overall
amount of landscaping within the development. The proposed concept site plan show the
appropriate landscaped areas for trees as required above. In the larger parking lot to the
north of the larger format store the trees are not placed exactly one every 8 lineal parking
spaces. Rather in an attempt to integrate an innovative storm water detention / infiltration
system with the landscaping requirements 6 larger treed areas have been provided that
will provide both additional landscaping and allow for an enhanced storm water detention
system. Approximately 221 trees are shown planted in the parking areas, not including
trees which are to be planted as part of the storm detention system which will increase the
overall number of trees in the parking areas. The specific species will be approved
during final approval and will be verified during on-site field inspection. With this
placed as a condition of approval will satisfy this requirement
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I. Lot Coverage: The maximum coverage allowed for buildings, accessory structures
and paved parking shall be as follows:
Max. Min
Commercial development: 90% 50%
FINDINGS: The proposed Master Plan demonstrates that the above standards will be
satisfied. In the area to be developed with the multifamily residential development on Lot 9
the applicant has indicated in the applicant’s statement that approximately 52% of this lot
will be developed with buildings, paved parking areas, and accessory structures. However,
based on a review of the attached exhibits staff believes that the actual area that will be
developed with these features is approximately 76% of the lot. Lots 2 through 8 all appear
to have 85% of each lot covered with building, parking areas and driveways and so comply
with this provision. Lots 5, 6 and 7 have mixed commercial and residential development is
shown with approximately 80% of the lot covered with this type of development. Therefore,
it is evident that the Master Plan will be developed in a way that is consistent with the above
standards.
Section 2.109.08 Design Standards - All development in the CR Zone shall comply with
the applicable design standards described below:
A. Building Design Standards. Primary buildings shall comply with the following
design standards:
FINDINGS: The portion of Area C that is designated CR is approximately 2.7 acres and
is located in the northwest portion of the site. The area is proposed to be developed with
one retail building and one mixed use structure. These buildings will be required to
comply with the provisions within Section 2.315 and are addressed slightly further in this
report.
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B. Circulation - Circulation standards apply for projects that are applicable and are
developed within the River and Chemawa Specific Area boundaries. As stated in
the Specific Plan:
1. Streets - New streets shall conform to the street sections depicted in Figure 10
in the Specific Plan. In cases where the right-of-way varies, the sidewalk
may need to be provided in an easement or private property. New Streets
shall be provided in accordance with the Circulation Plan (Figure 9 in the
Specific Plan).
FINDINGS: The submitted master plan makes use of primarily the existing street system
fronting the area although it also utilizes an extension of McLeod Lane connecting it
from Chemawa Road to Ridge Drive to the east. The site is developed with a number of
internal driveway connections which will provide direct connections to adjacent
businesses thereby reducing the need to exit and re-enter the development. The master
plan includes a pedestrian system which will provide a connection to regional attractors
such Area A, and Areas B and D as they develop, the pending transit station in Area B.
A 10 foot wide multi-use pathway is shown on the eastern perimeter of the site in the
proposed to be vacated Ridge Drive right of way, although the Planning Commission
determined that a 12 foot wide path will provide for a safer multi-use pathway. This will
allow a direct and convenient connection to the north and the attractions such as the little
league field to the south. The master plan shows numerous pedestrian connections
throughout the site which will allow for access not only to the businesses within the
development but also to the pedestrian system that is adjacent to Area C. Therefore, the
proposal meets this provision.
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Retail 1 is shown with approximately 2,624 square feet of frontage along both the side
facing Lockhaven Drive and also the side facing to its parking area. 50% of this area (1,148
sq ft) is required to be used as described above. The building has 368 square feet along the
north side and 864 square feet along the south side for a total of 1,232 square feet and so
meets with this provision.
The mixed use tower is also unique in that they can be seen from 3 streets. There is 2,624
square feet of ground floor wall area which would require that 1,312 square feet be designed
to meet this requirement. The ground floors along the long sides each meet this
requirement. The sides of the buildings facing McLeod Lane have an area of approximately
896 square feet which means that 448 sq ft should be in designed to meet this provision.
However, only approximately 162 square feet is designed to be windows or doors.
Additional glazing shall be provided to be able to meet this requirement.
Office 5 requires 1,000 sq ft of the façade facing Lockhaven Drive to be windows, etc
and has only approximately 470 sq ft. Office 6 requires 300 sq ft of the façade facing
Lockhaven Drive to be windows, etc and has 300 sq ft. and so meets with this provision.
Shops 7 and 8 face two streets and neither building meets this requirement on facades
facing either street. Shop 7 facing Chemawa Road has 180 sq ft in windows or
doorways but is required to have 550 sq ft. The side facing McLeod Lane extension is
shown with 198 sq ft when it should have 600 square feet. Shops 8 has 180 sq ft of
windows on the façade facing McLeod Lane when there should be 550 sq ft, while on the
façade facing Chemawa Road it has 198 sq ft of windows where there should be 600 sq
ft. Each of these building facades have provided some additional level of either windows
or acceptable architectural materials so as to meet the intent of this provision.
There is no design for office 4 or for the medical center, although at the planning
Commission meeting the applicant indicated that the medical center would be designed to
be consistent with the 3 story mixed use building and that Office 1 would be compatible
with the other buildings in Area C.
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The larger format store proposed on parcel C-2c has three street facing facades, the front,
right side and rear and it meets the Alternative Design Solution as described below.
.
Front Façade:
The front façade of the LFS faces north towards Lockhaven Drive and has been designed
to include 2,177 square feet of windows, a storefront door system, door openings, display
areas and architectural features that simulate windows and doors openings.
Right Façade:
The right side of the LFS building faces west and towards McLeod Road. This façade
has been designed to include 2,046 square feet of the larger display area at the outdoor
garden area, door openings and architectural features that simulate door openings.
Rear Façade:
This elevation of the LFS faces south and towards McLeod Road. The rear façade is the
service area and will be screened from viewed by a landscape berm and series of screen
walls along McLeod. In addition, the elevation has been designed to include additional
screen walls at the loading, recycle and compactor areas. The functions of the building in
this area do not allow for windows or display areas however, this elevation will feature
912 square feet of door openings and architectural features that simulate door openings.
This criterion has not been met; therefore, as permitted, the approval of an Alternative
Design Solution per 2.315.08.D was requested for the LFS. There are no special review
criteria to consider a requested Alternative Design Solution but once met it is deemed to
satisfy this provision. Staff considered that the design could be effectively increased by
adding either windows or window – like material or tiled glazing inside the recessed
window-like features that are provided along the north façade. The applicant has
submitted revised elevations showing windows and window like features at the north
façade as requested. With these features added staff recommends that the Alternative
Design Solution be approved for the LFS as requested.
Also staff was concerned that the facades of the mixed use building facing McLeod Lane,
Shops 7 and 8 which face both Chemawa Road and McLeod Lane also required an
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Alternative Design Solution. Revised drawings have been submitted showing that all
proposed buildings other than the LFS in fact now do meet the above criterion without
seeking an Alternative Design Solution
Compliance will be confirmed during permit review when building plans are submitted as
part of the city’s design review process. With this as a condition of approval will assure
compliance with this requirement.
FINDINGS: The proposal demonstrates the architectural design of the buildings of Area C
will be consistent with the buildings of Area A. The submitted architectural samples show
that the proposed buildings will provide a variation in materials and textures, and that
appropriate pedestrian connections will be provided. All buildings are intended to comply
with these standards. The submitted application materials show typical construction types,
materials, textures, and elevations that will be utilized in order to comply with the design
standards of the KDC.
The design for Retail 1 indicates that it will conform with this requirement by having a
number of windows, vertical features, changes of material. The building is slightly more
than 168 feet of building façade and contains building offsets that will meet this
provision.
The mixed use tower is shown with considerable variation along the facades that face the
streets and are about 164 feet in length. Since the buildings are proposed to each be 3
stories tall the variation continues from the ground floor to the roof and avoids the
construction of a tall monotone wall. The facades utilize changes in building materials
and colors and off-sets to develop a unique design. The ground floor makes use of larger
windows and doorways to convey the business portion of the building while the 2nd
through 5th floors area clearly designed to be residential.
Office 5 and 6 each conforms with this provision. Each facade facing Lockhaven Drive
makes use of multiple changes of textures along the facades of the buildings. The
buildings make use of a variety of materials that include stucco, siding, cultured stone,
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CMU blocks and contain variation in the plane of the façade. Each building is less than
300 feet in length. The longest segment without a change is 29 feet in the faced of Office
6 and 24 feet in Office 5 so both meet this provision.
Shops 7 and 8 make use of cultured stone, split faced CMU and stucco and the primary
building materials on the facades facing the streets. No segment is longer than 30 feet
without containing changes in materials. The building design also appears to contain off
sets and so will comply with this provision.
No specific design for the medical center was submitted , although at the planning
Commission meeting the applicant indicated that the medical center would be designed to
be consistent with the 3 story mixed use building and that Office 1 would be compatible
with the other buildings in Area C..
The larger format store proposed on parcel C-2c has three facades that will face a public
street, the front, right and rear. Variations in building materials, building offsets and
color have been included in the overall design of the building. These elements work
together to break up the overall mass and reduce the scale of the building. The proposed
LFS meets these standards.
The front façade of the LFS is 430’-8” in length and will include a variety of materials,
building offsets and architectural features that work together to articulate façade.
Materials on the front of the building will include split face concrete masonry units
(CMU) and exterior insulated finish system (EIFS) painted with an earth-tone palette and
accented with integral color split-face CMU archways and columns, Trespa panel,
regional stone material at the building’s entry and below the windows and window
facsimiles, metal awnings, translucent panels and metal supports that create the covered
walkway and ornamental fencing. Three raised landscape planters have been included,
one to the right of the entry vestibule, one at either end of the building. The front façade
includes two pedestrian connections to the building, the main entry vestibule and the
entry at the garden area. No portion of the front façade extends more than 30 feet without
a variation in material or building offset of at least 2 feet.
The right façade of the LFS is 303’10” including the loading dock. This elevation will
include split-face CMU painted in the earth-tone colors, integral color split face columns
and ornamental fencing that will surround the outdoor sales area of the garden area, and
an archway in the regional stone material. There is no pedestrian purpose on this side of
the building, therefore no entrance has been proposed. No portion of the right façade
extends more than 30 feet without a variation in building material or building offset of at
least 2 feet.
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The rear elevation is 430’-8”in length and will include split-face CMU painted in the
earth-tone colors, archways in the regional stone material and painted split-face CMU,
and split-face CMU pilasters along the screen walls at the truck dock and compactor
areas. No pedestrian connection to the building is proposed at this elevation; this is
primarily the service area of the building and does not lend itself to pedestrian traffic.
The majority of this façade does not extend more than 30 feet without a variation in
building material or building offset of at least two feet. The rear elevation will be
screened from view by a landscape berm and series of screen walls along McLeod.
With the exception of the rear façade for the LFS, this criterion is met. The approval of
an Alternative Design Solution per 2.315.08.D was requested for the rear elevation and is
justified recognizing that this building façade is the rear of the building and while it does
face to the extension of McLeod Lane it is not the primary orientation of the building.
Staff has reviewed the Alternative Design Standard proposed and finds it is adequate.
When an Alternative Design Solution is determined to be adequate, then it meets this
standard. Accordingly the proposed Alternative Design Standard meets this standard. In
addition, with the applicant providing a 6 foot tall masonry screening wall along the
south property line and additional landscaping it will provide additional screening.
FINDINGS: Given the fact that inclement weather is an all too often occurrence in the
western part of Oregon it is important that awnings are provided not only for aesthetics
purposes but also to protect pedestrians and enhance the shopping experience. Awnings
and/or canopies are proposed to be provided along building storefronts that abut sidewalks.
The applicant has indicated that it is their intent that the buildings in Area C be developed
consistent with the architectural design of the buildings in Area A and B. Retail 1 shows
metal canopies over the windows on the façade that faces Lockhaven Drive and the façade
that faces inward to the parking area. The two mixed use buildings show a combination of
metal canopies and metal awning over most of the ground floor store front businesses.
Office building 5 and 6 and Shops 7 and 8 also make use of a combination of metal awnings
and metal canopies over window areas. The larger format store indicates that there will be
metal over the window areas to the east and west of the building entrance and that there will
be a covered canopy over the building entrance. There is not a public sidewalk along the
length of this building so these features are not required along the length of this building.
Compliance will need to be confirmed during permit review when building plans are
submitted staff checks to assure plans are consistent with this approved master plan . With
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this placed as a condition of approval will assure compliance with this requirement is
satisfied.
a. All buildings shall have wood, brick, stone, or stucco siding, or vinyl siding
made to look like wood siding. Metal siding as described in this section shall
be allowed.
b. Metal siding other than corrugated or reflective material are allowed except
for residential buildings housing 3 or more dwellings and buildings within
the EG zone metal siding is allowed with the exception of corrugated or
reflective metal.
c. Plain concrete block, plain concrete, plywood and sheet press board may not
be used as exterior finish materials.
2. Trim Material. Building trim shall be wood, brick, stone, stucco, vinyl siding
material made to look like wood, or metal.
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FINDINGS: The applicant has indicated that metal trim is to be used in the larger format
store and the other buildings will make use of primarily stucco material for trim.
Compliance will be confirmed during permit review by the city when building plans are
submitted for review. With this as condition will assure compliance with this requirement.
FINDINGS: With the exception of the apartment buildings which will use composition
shingles the other buildings will use metal as a roofing material. Compliance will be
confirmed during permit review when final building plans are submitted for review. With
this as condition will assure compliance with this requirement.
A. Section 2.302.A. General Requirements. The location, width, and grade of streets
shall be considered in their relation to existing and planned streets, to topographical
conditions, to public convenience and safety, and to the proposed use of the land to be
served by the streets.
FINDINGS: The proposed development of Area C makes use of the existing city’s
street system that is located along the frontage of the site. It will also include the
development of a new street. The Traffic Impact Analysis done by Kittleson and
Associates (dated October 2010) analyzed and addressed the impacts on the
transportation system as a result of the development of Area C. This analysis looked at
the background traffic patterns and the proposed and potential types of developments that
are likely to occur within Area C and analyzed for the projected 2020 traffic flows. The
result of this study was to determine that some additional improvements to the existing
street system will be needed.
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The city public works staff review of the proposal indicates the development will
generate in excess of 250 vehicles trips per day. A Traffic Impact Analysis (TIA)
for the subject property has been prepared by Kittelson & Associates, Inc. dated October
2010 to provide information regarding the anticipated increase in overall traffic in the
area and methods to mitigate for the anticipated increases. The analysis has been
reviewed by the City’s Traffic Engineering Consultant and can be accepted with some
modifications to the site plan being required.. A queuing analysis and progression
analysis was submitted to the City and establishes the proposal meets relevant
requirements with no further required street improvements.
The proposed Site Plan as revised indicates a number of “on-site” features; “right-in
only,” intersection improvements including traffic control, traffic signals and
modifications, a ¾ street improvement at the McLeod/Chemawa Rd. intersection abutting
land the applicant does not own or control, etc. that will require construction during the
first development activity for Area C. Additionally, off-site improvements will be
required which will require a financing plan to be in place prior to any development in
Area C. All new intersections shall be designed to the standards of the City of Keizer
Department of Public Works under the standard construction permit process. All
signalization shall be designed to City of Salem standards and reviewed by the City of
Salem for required operations, maintenance and materials. Conduits for signal
interconnects and required fibre optics cables and junction boxes to existing and
proposed controller cabinets will be required between the three major intersections
(Lockhaven/McLeod, Lockhaven/Chemawa Road and Chemawa Road/McLeod). The
portion of McLeod Lane east of Chemawa Road shall be constructed to Collector Street
Standards. Appropriate right of way dedication for necessary construction of the above
accesses will be determined during the design phase of the proposed new streets. The
intersection of McLeod Lane at Chemawa Road needed modifications from the alignment
shown on the initial plans for the development. Specifically, the eastbound through lane
of McLeod Lane west of Chemawa Road needed to be aligned with the eastbound lane of
McLeod Lane east of Chemawa Road. As noted, the applicant has submitted revised
plans that show an intersection alignment acceptable to staff and that meets applicable
city standards. This includes development of required improvements including a ¾ street
improvement fronting land the applicant does not own or control.
Street construction improvement plans shall include undergrounding of all existing and
proposed electrical power lines. The developer will be required to submit a street light
plan for all streets in and adjacent to the development to a standard approved by the
Department of Public Works. The required street light system shall be constructed by the
developer during the street construction for the development.
The Developers engineer shall provide an analysis of available sight distance at the
proposed intersection of McLeod Lane and Ridge Drive. It appears that existing trees
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along the north line of the existing home on Ridge Drive will present a vision obstruction
for vehicles entering and exiting the access to the home.
C. Section 2.302.C Alignment. All streets other than minor streets or cul-de-sacs, as far
as practical, shall be in alignment with existing streets by continuation of the existing
centerlines. The staggering of street alignments resulting in "T" intersections shall,
wherever practical, leave a minimum distance of 200 feet between the center lines of
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streets having approximately the same direction and otherwise shall not be less than
100 feet.
FINDINGS: The proposed master plan for Area C will affect the alignment of the
existing street system. As part of the proposal it will result in the alteration of the
Chemawa Road / McLeod Lane intersection. The intersection of McLeod Lane at
Chemawa Road needed modification from the alignment shown on the initial plans for
the development. Specifically, the eastbound through lane of McLeod Lane west of
Chemawa Road needed to be aligned with the eastbound lane of McLeod Lane east of
Chemawa Road. The applicant submitted revised plans reflecting the needed
adjustments and the revised intersection meets all required city standards, including the
proposed ¾ street improvement fronting land the applicant does not own or control.
With this placed as a condition will ensure compliance with this provision.
FINDINGS: The proposed development will require an alignment which will result in
the opportunity for a future street extension onto an adjacent property. Land to the east is
planned to be developed with Area D however the railroad tracks make a natural boundary
between the two areas and an extension into Area D is not warranted. Land to the south is
developed with a church and further to the south is the city’s little league baseball fields
and a street extension through the ball fields is not warranted. No new extension to the
north is to be allowed given the location of Lockhaven Drive. While the lands to the west
are developed with single family homes there is a larger 2 acre parcel adjacent to the area
to be developed with the apartment buildings. The owner of the parcel has requested that
the city considered an extension to allow the rear portion of this parcel to be developed.
In very preliminary drawings of previous development proposal of Area C (which were
never submitted to the city for review) a connection to the Harnar property was provided.
Such a connection will minimize future traffic impacts onto Chemawa Road. This
connection will result in the need for a public street to be provided somewhere in the
vicinity of the lot line between Lot 8 and Lot 9. This connection also means that the 8 to
10 feet of fill that is shown on Lot 9 is impractical with regard to a street design and
construction. With this placed as a condition of approval, this section is met.
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E. Section 2.302 E Intersection angles. Streets shall be laid out to intersect at angles as
near to right angles as practical, except where topography requires lesser angles.
Intersections of less than 60 degrees shall require special intersection designs. Streets
shall have at least 50 feet of tangent adjacent to intersections unless topography
requires lesser distances. Intersections that are not at right angles shall have minimum
corner radii of 15 feet. Major arterial intersections shall have curb radii of not less
than 35 feet. Other street intersections shall have curb radii of not less than 20 feet.)
FINDINGS: The alteration of the intersection at McLeod Lane and Chemawa Road as
provided in the revised applicant plans including the proposal for a ¾ street improvement
is adequate to comply with this requirement.
FINDINGS: Submitted material in the applicant packet indicates that McLeod Lane has a
right of way width of approximately 70 feet to 40 feet at the intersection with Chemawa
Road and that the applicant has proposed additional right way dedication along the
frontage of the site with this street. Lockhaven Drive has a right of way width of that
ranges from 150 feet to 100 plus feet along the western side of the frontage near the
intersection of McLeod Lane and Lockhaven Drive. Chemawa Road has a right of way
width of 54 feet southwest of the intersection of McLeod Lane and Chemawa Road to 40
feet northeast of this intersection. The site plan indicates that additional right way will be
dedicated along the frontage owned or controlled by the Applicant With the requirement
for additional right of way dedication along McLeod Lane, Chemawa Road, and the
extension of McLeod Lane, and with city approved ¾ width improvements will assure
that all streets along the property frontage will meet current city standards and so will
satisfy this provision. St. Criox and Ridge Drive and the “old” section of Chemawa Road
are all proposed to be vacated as part of the platting process.
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I. Section 2.302.I Street Names. Street names and numbers shall conform to the
established standards and procedures in the City.
FINDINGS: The extension of McLeod Lane east of Chemawa Road will continue to be
named McLeod Lane so this section will be met.
J. Section 2.302.J Grades and Curves. Grades shall not exceed 7 percent on arterials, 10
percent on collector streets or 15 percent on any other street. Street grades of 15
percent shall not exceed 200 feet in length. To provide for adequate drainage, all
streets shall have a minimum slope of 0.5 percent. On arterials there shall be a tangent
of not less than 100 feet between reversed curves.
FINDINGS: The grades on Lockhaven Drive and McLeod Lane, both arterials and
along Chemawa Road all are existing streets within the city’s street system and conform to
city standards. While the detailed construction drawings for the McLeod Lane extension
have not been developed it will be a requirement that this new street is designed and
constructed to these standards. With this placed as a condition of approval this provision
is satisfied.
L. Section 2.302.L Alleys. Alleys shall be provided in commercial and industrial zones
unless other permanent provisions for access to off-street parking and loading facilities
are provided. The corners of alley intersections shall have radii of not less than 10 feet.
FINDINGS: No alleys are proposed. The site provides adequate access to off-street
parking and loading facilities so this section will not be applicable.
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1. Street trees shall be planted at a ratio of no less than one tree per 30 feet of
property frontage. Street trees shall conform with the list of acceptable trees
included in the City’s Street Tree Ordinance. Installation of street trees shall
be included in any improvement agreement covering the installation of public
facilities and services on a property.
FINDINGS: The submitted landscaping plan proposes that street trees shall be planted
with appropriate spacing consistent with the requirement listed above. Street trees have
already been planted along the south side of Lockhaven Drive along the frontage of the
site. New trees will be required to be a minimum caliper of 2 inches and be planted along
the frontage of the site with McLeod Lane, both the existing portion and the extension,
and also along the frontage with Chemawa Road. This is consistent with the trees which
were planted in Area A and also with the city’s Development Code. The vision of the
Keizer Station master plan is that there be an abundance of trees so as to provide both
shade during the summer months but to also provide a natural aesthetic sense to the
shopping experience. Therefore, this provision will be met.
A. Section 2.307.02.A Impact. The location, design, installation and maintenance of all
utility lines and facilities shall be carried out with minimum feasible disturbances of soil
and site.
FINDINGS: The purpose of this provision is to avoid having runoff into any nearby
stream or other soils disturbances as result of the new development. It is a development
requirement that the development of any portion of Area C that all utility lines and
facilities be designed and installed with the minimum feasible disturbance to soil and site.
This will be verified by Public Works staff to assure compliance with this provision.
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B. Section 2.307.02.B Water. All development that has a need for water service shall
install water facilities and grant necessary easements pursuant to the requirements of
the City.
FINDINGS:
All new development in Area B will be required to connect to city water lines. These
lines are nearby and can serve all future development of Area B. A 12 inch water service
is located within the Keizer Station Boulevard street right of way and there is sufficient
capacity in the system to be available to the site. A 12 inch water service is located
within the Lockhaven Drive street right of way and there is sufficient capacity in the
system to be available to the site. An 8 inch water service is located within the McLeod
Lane street right of way and there is sufficient capacity in the system to be available to
the site. Area B is subject to assessment as part of the construction for the water storage
facility that was recently constructed as part of the development of the Keizer Station.
A 7 ½ % payback agreement for the subject property is in place for reimbursement for
costs associated with the elevated water tank constructed to serve the area. The Area B
share of the costs is approximately $135,000.00. Payment of the required reimbursement
may be made in phases as the development of the subject property progresses. Payments
shall be made when public improvement construction permits are issued or building
permits are issued whichever occurs first. Reimbursement costs will be calculated on a
square foot basis.
A Master Water System Plan needs to be developed for the subject property showing
proposed routes of public water mains, fire hydrants and individual services acceptable to
the department of public works. The proposed water mains indicated on the application
are not acceptable to the department of public works. Prior to submittal of final
construction plans the developer’s engineer shall arrange for a pre-design conference to
discuss water main sizing, meter sizing and locations, fire hydrant locations, fire sprinkler
line locations and easement width for all public lines located outside of proposed right of
ways. The City of Keizer has developed and adopted a Master Water Plan for the City
and the proposed rerouting of water mains in Area C will require an analysis of the water
flows in the system. It will be the responsibility of the developer of Area C to reimburse
the City for costs associated with re-modeling the water system to determine if the model
can be modified to provide acceptable flows. Final location of all meters and fire
hydrants shall be approved by the Keizer Department of Public Works. Appropriate
easements for all public water mains and fire hydrants will be required if construction is
to be outside of public right of ways. Any system development charges for water system
improvements will be those in place at the time of individual service connections.
Final development plans shall be reviewed by the Keizer Fire District and the City of
Keizer Department of Public Works with regard to access and adequate location of fire
hydrants prior to any issuance of public works construction permits by the City of Keizer.
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It will be the responsibility of the developer to identify and abandon all existing wells
prior to site grading in accordance with the rules of the Oregon State Water Resources
Department unless the City has determined that water rights are available in some cases
that could be transferred to municipal use by the city. The Developer shall submit to the
Public Works Department a summary of their findings of existing wells.
C. Section 2.307.02.C Private Utilities. All development that has a need for electricity, gas
and communications services shall install them pursuant to the requirements of the
district or company serving the development. Except where otherwise prohibited by
the utility district or company, all such facilities shall be underground.
D. Section 2.307.02.D Sanitary Sewers. All development that has a need for public/private
sanitary sewers shall install the facilities pursuant to the requirements of the city.
Installation of such facilities shall be coordinated with the extension of necessary water
services and storm drainage facilities.
FINDINGS: The intent of this provision is to ensure that the new development will be
served by sanitary sewer. As part of the application a master sanitary sewer plan was
submitted for review. This plan shows the existing sanitary sewer lines that are either
within Area C, or immediately adjacent to Area C and it shows the location of sanitary
sewer lines that will need to be constructed to serve the future development of Area C.
This plan shows there is a 8 inch sanitary sewer line located in Lockhaven Drive; and 8
inch sewer line located in the McLeod Lane right of way; and, a 8 inch sanitary sewer
line located in Chemawa Road. An 8 inch sanitary line is proposed to be located in the
extension of McLeod Lane.
Public Works commented that the subject property is located within an area of Keizer
that requires additional sanitary sewer capacity to be able to complete the Sanitary Sewer
Master Plan. The Master Plan provides for an acreage fee to be assessed as the property
develops to provide for the required sewer trunk lines. The area to be assessed has been
determined to be 14.58 acres and is identified on Exhibit A attached to this report. The
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current acreage fee is $7,460.00 per acre which would result in an assessment of
$108,766.80 payable at the time of issuance of public works construction permits.
A Master Sewer Plan for the proposed development has been prepared which indicates
that all proposed development in Area C will be connected to the existing or relocated
public sanitary lines constructed to provide service to the area. The Master Plan shall
indicate how phasing of the abandonment of existing sanitary sewer lines will coincide
with the proposed new construction of sanitary sewer lines. City of Salem approval for
local sewers is required. Permits from the City of Salem shall be issued prior to
construction. Prior to submitting plans to the City of Salem for approval, the developer’s
engineer shall submit plans to the City of Keizer for review and determination of
compliance with the City’s Master Sewer Plan for the area.
Connecting to existing sewers or new laterals that serve the general area will be the
responsibility of the property owner at the time of subdivision of the property or at
issuance of building permits. Appropriate easements will be required for any public or
private sewer lines located within the subject property if located outside platted right of
ways. Easements for any existing sanitary sewer lines remaining in use located on the
subject property will be required to be recorded in favor of the City of Keizer.
It will be the responsibility of the developer’s engineer to locate any existing wells
(including those on adjacent property) in the vicinity of the proposed new sanitary sewer
lines for the subject property. Any conflicts between existing wells and proposed
sanitary sewers shall be addressed by the developer prior to issuance of public works
construction permits. An improvement agreement or other acceptable form of guarantee
for all required construction shall be in place prior to construction permits being issued
for public sanitary sewer construction or final subdivision plat approval. With these
placed as conditions of approval will assure compliance.
E. Section 2.307.02.E Street Lights. When required, installation of street lights shall be
pursuant to the requirements of the city and the company serving the development.
FINDINGS: The intent of this provision is to ensure that there is adequate lighting along
the streets serving the new development. Currently, there are street lights along each of
the three streets (Lockhaven Drive, McLeod Lane, Chemawa Road) along Area C. If it is
determined that additional lights are needed they will be located pursuant to city
specifications so as to comply with this provision
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Such easements shall be designated on the final plat of all subdivisions, and on the final
plat of all partitions.
FINDINGS: All easements shall be located in the appropriate locations based on actual
approved plans. The master plan indicates that there will be a number of easement
throughout Area C. A sanitary sewer easement is shown going through the site
connecting the line in Lockhaven Drive with the Chemawa Road line. There are a
number of water easements located through out the site including around the perimeter of
the larger format store. The master utility plan indicates both the existing utilities and
also where the proposed lines to serve the development will be located. No development
may occur within the identified easement area. Final plat shall include all specific
easement widths and locations.
4. Assure that waters drained from the development are substantially free
of pollutants, through such construction and drainage techniques as
sedimentation ponds, reseeding, phasing of grading;
5. Assure that waters are drained from the development in such a manner
that will not cause erosion to any greater extent than would occur in the
absence of development;
FINDINGS: The Public Works Department commented that a Storm Drainage Master
Plan is required for the proposed development that includes all of Area C. The Master
Plan shall include engineering calculations that provide for acceptable on-site disposal of
the anticipated increase in storm water runoff. The current storm drains in Lockhaven
Drive and downstream do not have capacity to handle any increase in storm water.
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Because of the existing capacity limits of the existing storm drain system this drainage
shall be treated as a critical basin per the City of Keizer Public Works Design Standards.
Storm water detention and low impact development design will be required for all areas
in Keizer Station, Area C. All storm water including roof drains are to be connected to
an approved system designed to provide adequate drainage for proposed new driveways,
parking lots and other impervious surfaces. Where on-site detention is planned, adequate
covenant, conditions and restrictions (CCR) shall be recorded to alert future
owners/developers that detention and/or treatment shall be required to be constructed to
the standards in effect at the time of building permit application.
A grading and drainage plan shall be developed for the subject property including
proposed lot corner elevations. Details shall include adequate conveyance of storm
water from adjacent property across the subject property. Prior to any development of
the area a final storm water plan shall be submitted for review and approval by the
Department of Public Works. It appears that a larger amount of fill is proposed (8 feet to
10 feet high) on Lot No. 9 of Area C-3. The applicant shall demonstrate to the City how
the fill can be accomplished without negative impacts to the adjacent properties.
A phasing plan shall be submitted to indicate how the storm water management plan will
be developed to provide service to each area if the development is proposed to be develop
in phases. The developer shall submit to the Department of Public Works a master plan
for erosion control for the entire site prior to any site development. The plan shall be
approved by the Department of Public Works. Prior to any development, including site
grading, the applicant shall obtain an NPDES permit from the Oregon Department of
Environmental Quality and submit a copy of the approved plan to the City of Keizer
Department of Public Works. Easements for any existing or proposed storm drain lines
within the subject property will be required if not located within public right of ways.
An improvement agreement or other acceptable form of guarantee for all required
storm drainage construction shall be in place prior to construction permits being
issued. The applicant submitted a letter from their engineering firm, Cardno WRG, dated
February 3, 2011 that indicated that they will “produce a storm design system restricting
stormwater runoff rates from the proposed subject development to match those of the
currently developed site during the code-specified storm events is feasible. The design
team will endeavor to accomplish this through various forms of detention including, but
not limited to, the use of bio-retention swales, ponds, underground systems, etc. These
methods will applied to both the onsite and public drainage systems as deemed
appropriate by the design team and City staff.”
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Relevant sections of the KDC pertaining to utility standards include the following:
A. Section 2.303.05 Joint Use. Parking area may be used for a loading area during those
times when the parking area is not needed or used. Parking areas may be shared
subject to Administrator approval for commercial and industrial uses where hours of
operation or use are staggered such that peak demand periods do not occur
simultaneously. Such joint use shall not be approved unless satisfactory legal evidence
is presented which demonstrates the access and parking rights of parties.
FINDINGS: Where feasible in Area C the parking areas will be shared between
adjoining uses. The total amount of parking spaces will support the individual use within
Area C. This type of parking use is consistent with Area A and for the recently approved
master plan for Area B in which a master parking plan was developed. The intent of the
master parking plan is to allow the joint use of parking areas where appropriate and to
avoid requiring the development of excessive amounts of parking. It is anticipated that the
option of a master parking plan will be developed for Area C and that cross access
easements will be required between the at least those areas of the Area C Master Plan that
show excess parking for the particular use. The master plan indicates that approximately
1,072 parking spaces can be located on the site to accommodate the proposed level of
development associated with Area C as shown in the master plan. This is an appropriate
amount that complies with this provision where any excess for a particular use is
contemplated to be shared.
FINDINGS: The intent of this provision is to ensure that new developments provide
sufficient parking to serve their needs. The parking provided on the concept site plan was
calculated using the standards above and meets all requirements. The site plan
demonstrates that sufficient parking will be provided on the site and will not use any on-
street parking along any of the adjacent public streets. The master plan shows a total of
1,072 parking spaces provided throughout the whole site (Sheet MP-3). The plan
indicates that the development will include 7 sub-areas within the development. Sub-area
C-1 which is comprised of Retail 1 and Mixed Use Retail Building 2 is shown with 148
parking spaces and 153 parking spaces is the minimum amount required and so this sub-
area meets the parking provisions. Sub-area C-2a (Office 4, office 5, and Office 6) is
shown with 140 parking spaces where the minimum amount required is 46 spaces and the
maximum allowed is 69 parking spaces. Hence, this sub-area has twice the amount of
parking that can be permitted. However, the applicant has indicated that it is their intent
that cross parking easements will be granted that will allow for this surplus parking to be
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used to accommodate additional demand from other uses in Area C. A copy of this
easement or shared parking agreement for this area will be required to be submitted to the
City. Sub-area C-2b (Shops 7 and 8) is shown with 46 parking spaces where 34 is the
required minimum and so this sub-area meets the parking provisions. Sub-area C-2c
(Anchor 9) is shown with 508 parking spaces where 386 is the required minimum and the
maximum amount is 580 parking spaces and so this sub-area meets the parking provisions.
Sub-area C-3 (Medical Center) is shown with 230 parking spaces where 177 is the
required minimum and the maximum amount is 265 parking spaces and so this sub-area
meets the parking provisions. The multi-family area is shown with 146 parking and the
minimum required is 146 parking spaces so this sub-area meets this requirement. As
provided on the concept site plan, the parking as shown will satisfy the standards for the
uses proposed provided that the amount of parking in Sub-area C-2a is either reduced by
more than half or by providing that the additional parking spaces may be used by other
users in Area C. The applicant has verbally indicated that such shared parking for sub-
area C-2a is contemplated. The minimum parking requirements are met, and that there are
a total of 1,072 parking spaces throughout the development are shown on the submitted
site plan. Therefore, the master plan complies with this requirement.
C. Section 2.303.07 Standards for Disabled Person Parking Spaces. Disabled Person
Parking Spaces shall comply with the requirements of the Uniform Building Code and
ODOT standards.
D. Section 2.303.08.A Bicycle Parking Bicycle Parking shall be required in all public and
semi-public, commercial and industrial development as well as park-and-ride lots.
Bicycle parking shall be provided in the following amounts:
• Retail store: 1 per 10 required vehicle parking spaces with a maximum of 6
required
• Bank, offices, medical clinic: 1 per 20 required vehicle parking spaces with a
maximum of 6 required
FINDINGS: This provision specifies the amount of bicycle parking that is required
based on different type of uses. The larger format store will be required to provide the
maximum number of bicycle parking spaces, 6 bicycle parking spaces to serve the
patrons who travel by bike. As part of the Planning Commission’s decision it was
determined that the LFS shall need to provide 12 parking spaces because it was
determined that size of the retail business warranted additional bicycle parking spaces.
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Retail 1 is shown requires 3 bicycle spaces. Building 2 requires 3 bicycle spaces. Office
4 and 6 each require 1 space while office 5 requires 2 bicycle parking spaces. Shops 7
and 8 each require 2 bicycle parking spaces. The medical center is shown with 230
parking spaces and is required to provide 6 bicycle parking spaces. All apartment
buildings are required to provide 1 bicycle parking space for each 2 residential units.
With this further placed as a condition of building permit review to be verified as part of
the final building inspection the proposal complies with this provision.
1. Space Size. Each bicycle parking space shall be a minimum of six feet long
and two feet wide and be accessible by a minimum four foot aisle.
2. Location. All bicycle parking areas shall be within 100 feet of a building
entrance and located within a well-lit area.
3. Rack Design. Bicycle racks must be designed to secure the bicycle frame and
at least one wheel, and, accommodate a locking device. Racks, lockers or
other related facilities shall be securely anchored to the ground or to a
structure. As an alternative, the bicycle spaces can be provided within a
secured compound.
4. Access. Access to a public right-of-way and pedestrian access from the bicycle
parking area to the building entrance must be provided.
FINDINGS: Specific designs for the parking of bicycles will ensure that this type of
user to the new development will have adequate parking spaces for bicycles. This shall
be provided as part of the final plans and will be verified as part of the final building
inspection and will assure compliance with this provision.
FINDINGS: There are no planned industrial uses for Area C. The retail components of
the development are excluded from this section. The building identified as a medical
center also is not covered by this provision unless it has office in which case it would be
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covered. The cluster of office buildings in Sub-area C-2a are required to provide less
than the 100 spaces threshold which will mean that this provision is not applicable.
1. Section 2.303.11.A Surfacing. All driveways, parking and loading areas shall
have a durable, hard, dust free surface built to Department of Public Works standards.
FINDINGS: This is required to eliminate any unpaved parking areas from being used
which might result in nuisance problems related to dust, drainage, and poor construction.
The master plan indicates that the parking and loading areas will be paved. Pavement
shall be required as part of the building permit process and will need to be consistent
with city requirements and so will satisfy this provision.
Compact Spaces. Compact parking spaces, at a reduced width of 8.5 feet, shall
be permitted on sites with more than five (5) parking spaces. No more than
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30% of the required parking shall be compact spaces and each space must be
identified as a "Compact Space."
FINDINGS: The intent of this requirement is to specify the parking lot and space
dimension requirements so as ensure that there are safe and adequate parking facilities to
serve the public which will frequent the new businesses. The master plan illustrates that
all of the parking spaces will measure 9 feet by 18 feet. . The proposal meets these
requirements, by providing almost all standard spaces, Parking space number and
dimensions will be verified at the time of building permit submittal and also at final
occupancy to assure compliance with this provision.
3. Section 2.303.11.C Aisle The following minimum aisle dimensions shall apply:
Without adjacent parking:
b. One-way: 12 feet
c. Two-way: 22 feet
FINDINGS: The intent of this requirement is to specify the parking lot and space
dimension requirements so as ensure that there is safe and adequate parking facilities to
serve the public. The proposal shows the parking lot aisles all of which are shown 24 feet
wide. This meets these requirements as shown on the master site plan. Field verification
will be required as part of the final inspection to ensure compliance.
FINDINGS: The intent of this provision is to minimize any impacts between parking
and loading areas and adjacent residential uses. Residential zoning abuts the site to the
west and is developed with residential single family homes. While there are residential
uses to the west across McLeod Lane because these three parcels are in Area C and the
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master plan indicates that this portion of Area C will be redeveloped with what appears to
be commercial development when these parcels redevelop they will need to provide
screening to the residentially zoned properties to the southwest consistent with these
requirements if any public parking or loading will abut the residential zone on a side or
rear lot line. There are no residential zones or uses located to the east of Area C. The
single family dwellings located along the east side of Chemawa Road will be more than
40 feet from the parking area associated with the medical center. In addition the parking
lot is buffered by 20 feet of landscaping along its perimeter. To the south of the larger
format store there is a single family dwelling which is located approximately 250 feet
from the larger format store and a church which is located approximately 160 feet to the
south of the loading area of the building. While there is a loading area behind this
building and certainly from time to time there will be delivery trucks waiting to unload
there is no customer parking lots in this area. However, there is 6 to 8 feet tall masonry
screening and landscaping to the south of the LFS loading area which will help to screen
this portion of the building from these adjacent church and residential structure uses.
This combination of landscaped buffer and sight obscuring wall satisfy this provision.
5. Section 2.303.11.E Lighting. All lighting shall be directed entirely onto the
loading or parking area and away from any residential use. The lighting shall
not cast a glare or reflection onto the public rights-of-way.
FINDINGS: The purpose of this provision is ensure that the site is adequately
illuminated without the lighting becoming a nuisance to neighboring properties or a
hazard to vehicles on the public streets. The exterior lighting will be designed with light
fixtures that have shields that will direct light away from residential uses. This provision
is satisfied.
6. Section 2.303.11.F Landscaping. A tree shall be planted for every eight lineal
parking spaces not located adjacent to a building. The planting space shall
measure no less than 4 feet square and be surrounded by concrete curbing.
The plant shall be of a species that the root system will not interfere with
underground utilities or the parking surface, and, is capable of achieving a 15
foot radius. The specific planting enclosure and appropriate tree selection will
be provided by the City.
FINDINGS: The intent of this requirement is to create a parking area which has a treed
feel to it. The allowance for a tree per every 8 parking spaces will result in a “greening”
of the parking areas and avoid them from becoming an otherwise barren sea of asphalt.
The planting of trees within the parking area will create shade which will help to reduce
summer temperatures within the parking area. It will also help to increase the overall
amount of landscaping within the development. The proposed concept site plan show the
appropriate landscaped areas for trees as required above. In the larger parking lot to the
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north of the larger format store the trees are not placed exactly one every 8 lineal parking
spaces. Rather in an attempt to integrate an innovative storm water detention / infiltration
system with the landscaping requirements 6 larger treed areas have been provided that
will provide both additional landscaping and allow for an enhanced storm water detention
system. Approximately 221 trees are shown planted in the parking areas, not including
trees which are to be planted as part of the storm detention system which will increase the
overall number of trees in the parking areas. The specific species will be approved
during final approval and will be verified during on-site field inspection. With this
placed as a condition of approval will satisfy this requirement
7. Section 2.303.11.G Traffic Flow. Service drives to off-street parking areas shall
be designed and constructed to allow flow of traffic, provide maximum safety of
traffic access and egress and the maximum safety of pedestrians and vehicular
traffic on the site.
FINDINGS: This provision is geared to safety of pedestrian and vehicles entering and
exiting Area C. The access to and from the parking lots will be controlled and designed to
provide suitably spaced driveway intersections on Chemawa Road and McLeod Lane.
No driveways are proposed along Lockhaven Drive. One full turn ingress / egress is
proposed off McLeod Lane, two right-in, right-out drives are shown along Chemawa
Road, and 5 driveways along the extension of McLeod Lane. The driveway locations
have been reviewed by the City and the locations are acceptable. The design of the
parking areas will comply with city standards for parking lot design and will provide for
safe travel within the parking areas which will be constructed in Area C. This will
include 24 foot wide travel aisles which will comply with minimum width requirements.
This design will provide for safe and efficient traffic flow throughout the site and will
meet the provisions of this section.
FINDINGS: The intent of this provision is to assure that new developments construct
driveway intersections that are safe and that the vision clearance area is free of plants,
signs or other objects that might otherwise interfere with a driver’s line of sight. The 6
full entrances and two right-in / right-out only entrances will provide access to
developments within Area C and all will have safe and adequate vision clearance areas.
The plants which will be selected for planting in these areas will not interfere with vision
clearance at the intersection of the street and the access points. All signage will be
required to be located outside this vision clearance area. This provision is not unique to
the development of Area C but is a requirement of all new developments throughout the
city. Compliance with this provision will assure a safe development proposal.
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9. Section 2.303.11.I Bumper Rails. Parking spaces along the outer boundaries of
a parking area shall be contained by a curb or a bumper rail to prevent a
motor vehicle from extending over an adjacent property, a street, or a
sidewalk. The bumper shall be at least 4" high and located a minimum of 3 feet
from the property line.
FINDINGS: This is a design detail, which is not required to be shown in the submitted
plans, but will be required to be provided in specific plans as part of the building permit
review.
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FINDINGS:
Properties to the north and east are not residentially developed but are each within Keizer
Station and have approved master plans to allow for non-residential developments. South of
the proposed development is a single family home and a church on lands zoned MU that are
within the boundary of Area C. To the south of these uses is the Keizer Little League on
land that is designated Public. Lands outside the boundary of Area C along Chemawa Road,
or the west side of McLeod Lane are primarily developed with single family homes which
even though they do not abut commercial uses nevertheless in the judgment of the city
require screening along the common property boundaries of the residential uses and Area C.
The submitted plans show appropriate screening required by this section. In addition, the
multi-family development will need to be screened along its west property line since there is
abutting residential uses to the west. No industrial uses are planned for Area C only
commercial uses that are allowed in the MU and CR zones.
The service area behind the larger format store is proposed to be screened with vegetation
and a masonry wall that ranges from 6 to 8 feet in height. The plans are not sufficiently
detailed to show electrical and mechanical equipment, but if any of these types of equipment
are provided it will be a requirement that they are screened. The proposed plans establish
that all parking areas will all be surrounded by landscaping consisting of ground cover,
shrubs, and trees. The specific screening details will need to be reviewed and confirmed to
comply with the master plan during the building permit process to confirm compliance with
this provision. In consideration of this, the proposal will comply with this provision.
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1. Planting Area: Width not less than 15 feet, planted with the following
materials:
2. Berm Plus Planting Area: Width not less than 10 feet, developed in
accordance with the following standards:
a. Berm form should not slope more than 40 percent (1:2.5) on the side
away from the area screened from view. The slope for the other side
(screened area) may vary.
c. The combined total height of the berm and hedge shall be not less than
five feet.
3. Wall Plus Planting Area: Width must not be less than five feet developed
in accordance with the following standards:
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FINDINGS: A buffer will be provided between the larger format store development and
the properties to the south as is indicated on the master plan. This buffer will include a
variety of tree species and assorted shrubs and a 6 to 8 foot tall masonry wall that will screen
the development. The combination of vegetation, and sight obscuring masonry wall will
meet with this requirement and will provide ample buffering consistent with this provision
of the code. The master plan does not indicate if a sight obscuring wall is proposed to be
used to buffer properties to the west from the multi-family development in the southwest
corner of Area C or the medical center. The Planning Commission determined that
additional evergreen trees shall be planted between the medical center and the street so as to
provide additional buffering. In addition, the small commercial area in the southwest corner
of the Chemawa Road / McLeod Lane intersection will also need to provide screening and
buffering along the common property lines with adjacent residential uses as the area is
redeveloped. With this placed as a condition of approval will assure that the adjacent
residential properties are adequately buffered from commercial uses.
FINDINGS: The intent of this provision is to avoid having landscaping from becoming a
vision hazard in the vision clearance triangle that is located at the intersection of driveways
and streets. The types of plants which will be planted near driveway and street intersections
will be required to be low growing species that will not attain a height of 30 inches. The
landscaping plan indicates that street trees will not be planted within the vision clearance
area. As such, the proposal will comply with the standard and not result in a vision
clearance hazard and so will comply with this provision.
D. Section 2.309.06.B Plant Materials. Plant materials shall not cause a hazard.
Landscape plant materials over walks, pedestrian paths and seating areas shall
be pruned to a minimum height of eight feet and to a minimum height of 15 feet
over streets and vehicular traffic areas.
FINDINGS: The intent of this provision is to avoid plant material from becoming a hazard
to pedestrians or to vehicles. Based upon the landscaped plan showing the potential
plantings in the areas of the pedestrian paths this problem is not anticipated. Street trees
which extend over sidewalks, streets, or paths and seating areas will be required to be
pruned regularly and so will comply with this requirement. Therefore, this provision will be
met.
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FINDINGS: This is to avoid having conflicts between landscaped material and utilities.
Utilities will be placed underground so there will be no above ground utilities. No conflicts
are foreseen between the preliminary landscaping plan and the placement of required
utilities and so this section will be complied with.
FINDINGS: The intent of this provision is to avoid having landscaped material planted in a
manner that is inconsistent with industry standards thereby increasing the likelihood of the
material not surviving. Proper tree planting will be confirmed as part of the building permit
approval process to assure compliance with this requirement.
FINDINGS: The plants which will be required to be planted will be those that are
appropriate for the conditions of the site and climate considerations. The landscaping
plan indicates the species and variety of plants that will be planted and they comply with
this provision. The applicant’s landscaping plan indicates that approximately 155 street
trees will be planted. This includes 32 trees to be along Lockhaven Drive, 77 trees along
McLeod Lane, and 46 trees along Chemawa. Since there are already a number of trees
along the frontage of the site and Lockhaven Drive if any of them are to be removed as
part of the development then they must be replaced. The plan specifies that the trees will
be 2 inch caliper trees which is consistent with city requirements. The trees are indicated
to include species such as Red Maple, ash trees, some variety of oaks, locust, Zelkova,
flowering pear, and a birch specie. The tree planting plan will allow for uniform tree
planting and will be compatible with the planting along the streets in Area A and B, will
allow for a mix of canopy colors, provide a natural buffer to some aspects of the
development, and area also suitable tree species for this area and should be able to
survive. This will be inspected as part of the building permit review to assure compliance
with this provision.
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FINDINGS: The intent of this provision is to avoid having trees that may be too small to
be otherwise considered as a tree from being planted. Deciduous trees allow for planting
that will have a fully branched canopy and avoid “stick” trees without any canopy. As noted
above, the master plan calls for deciduous trees that will meet or exceed this 2 inch caliper
size. This will be confirmed in the building permit process and will be verified during final
inspection to further ensure compliance. In addition, the Planning Commission added a
condition that all dead trees shall be replaced within 45 days as a means to assure that dead
trees are not allowed to remain which would be inconsistent with the provision and intent of
the landscaping provisions.
FINDINGS: The intent of this provision is to avoid having evergreen trees planted that
may be too small to be otherwise considered as a tree from being planted. Some evergreen
trees will be planted for landscaping effect but deciduous trees will be the primary tree that
is planted throughout the development. The landscaping plan indicates that evergreen trees
including firs, cedar, and pines will be planted throughout the development. They are
shown that they will be planted minimum 6 feet tall when planted. This standard will be
met with the final landscaping and planting plan.
FINDINGS: The purpose of this provision is to specify the size of shrubbery that is
determined to be a viable size for landscaping. Three areas on shown on Sheet L2 on the
master plan with greater landscaped details including the variety of shrubs that will be
planted. The plan indicates that 16 different species of shrubs will be used, although only 5
are specifically highlighted. These include vine maple, Oregon grape, dogwood, viburnum.
The landscaping plan indicates that they will be planted in one gallon size containers. This is
considered to be an industry standard and will result in both healthy plants and plants which
can grow to fill in landscaped areas. This standard is met and will be verified in the final
landscaping and planting plan.
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FINDINGS: This standard seeks to avoid having bark dust or gravel from becoming a
substitute for landscaping. Rather it seeks to incorporate ground cover into the landscaping
to fill out the empty spots in the landscaped areas and provide depth and balance to the
landscaping. The landscaped detail plans on Sheet L2 indicates that the ground cover will be
a combination of kinnikinnick, wood strawberry, periwinkle, salal, and creeping Mahoney.
This standard is met and will be verified in the final landscaping and planting plan and will
be verified during final inspection and so will comply with this provision.
FINDINGS: The purpose of this provision is to avoid having plants not be watered and die
during the summer months. By requiring that an irrigation system be included in the
landscaped areas will increase the survivability of the landscaped material. An irrigation
system is proposed to be included for the entire development. Irrigation plans will need to
be reviewed and approved as part of the building permit review process . This provision is
satisfied.
FINDINGS: This provision seeks to avoid having empty holes in the landscaping as
plants die if they are not replaced. This will be done as necessary if any of the plants die and
so will assure compliance with this provision. The Planning Commission placed a condition
that dead trees shall be replaced within 45 days.
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FINDINGS: An integral component of the design of the master plan for Area C is that it
will make use of sidewalks and walkways in a manner that will meet this provision. The
site plan for Area C illustrates that there will be walkways and sidewalks that will
connect each of the primary buildings with parking areas, streets, and other amenities that
will be provided. Area C is planned to be a phased development. Therefore, not all of
the site will be developed with these pedestrian facilities at the same time but will be
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phased in as development within Area C occurs. This and other sidewalks will provide
safe and direct connections within Area C. The parking area that will have greater than
100 spaces (Anchor “9”) and the future medical center each appear to meet with this
provision. The buildings will all be designed to make use of awnings, or recessed entries
in order to create a pedestrian scale. For these reasons the proposal is determined to
satisfy these development strategies provisions.
Additional sections of the KDC which pertain to pedestrian amenities include the following:
FINDINGS: Transit service is provided along the three streets which front Area C. In
addition, the development of a transit station in the eastern portion of Area B will greatly
enhance the level of transit service and make the use of this transportation system more
practical. Providing for the development of uses that are clustered near the streets, as
provided in this plan, will facilitate transit use by creating easier pedestrian access. All
walkways including ramps at curbs will be designed and constructed to comply with ADA
requirements and so this section is complied with.
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FINDINGS: The frontage of Area C between the railroad tracks and Chemawa Road is
approximately 800 feet in length will have 4 pedestrian connections with the longest
distance between connections approximately 400 feet in length. On the west side of
Chemawa Road / McLeod Lane there is approximately 770 feet of frontage and there are 3
pedestrian connections with the longest distance between connections being 550 feet. Along
the existing portion of McLeod lane there is approximately 750 feet of frontage with 6
pedestrian connections and the longest distance between connections approximately 270
feet. McLeod Lane Extension is shown with 7 access points on the north side and 5 along
the south side and approximately 1,700 feet of frontage. There is approximately 800 feet of
frontage with 4 pedestrian accesses along the west side of Chemawa Road and 850 feet
along the east side with 6 pedestrian accesses north of the intersection with McLeod Lane.
As demonstrated in the master site plan, this standard is satisfied.
FINDINGS: The driveways, as shown on the master plan, will all be no more than 36 feet
in width as measured per public work standards. The driveway crossings will all be clearly
identifiable either through the use of different materials or textures, or will be scored, to
delineate the point where the pedestrian system crosses driveways, parking areas or loading
areas. The use of delineating driveways is consistent with the development pattern within
Area A and what was recently required in Area B. Therefore, the master plan meets this
provision.
5. Lighting. Lighting shall be provided for all walkways. Pedestrian walkways must be
lighted to a level where the system can be used at night by employees and customers.
FINDINGS: The applicant has indicated the lighting that will be used will be similar to
that which was used in Area A. This will provide appropriate illumination for the
development and for all walkways and pedestrian sidewalks that are within or connected to
the development, and so will meet this provision.
6. Walkway Coverage.
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a. Any portion of a walkway located within three feet of a building frontage shall be
covered with awnings or building overhangs. The minimum vertical clearance
shall be 9 feet for awnings and building overhangs. The maximum vertical
clearance shall be 15 feet.
FINDINGS: The architectural details show that there will be awnings and canopies over a
number of walkways and over all walkways located within three feet of building frontages.
All meet the requirements of this section. As a part ofplan check staff will confirm the final
design is consistent with these requirements, assuring compliance with this provision.
FINDINGS:
The master plan demonstrates that all of the sidewalks will have a width of 5 feet and the
walkway will be 10 feet in width and so comply with this standard.
8. Stairs or ramps shall be in place where necessary to provide a direct route between
the transit street and the building entrance. Walkways without stairs shall comply
with the accessibility requirements of the Oregon State Building Code.
FINDINGS: This site is relatively flat, and stairs or grades that exceed ADA standards are
not anticipated as part of the design and development of Area C. All walkways will be
designed and constructed to comply with all accessibility requirements of the state of
Oregon and so meet with this requirement.
9. Access to Adjacent Property. If the proposed development has the potential of being
a significant attractor or generator of pedestrian traffic, potential pedestrian
connections between the proposed development and existing or future development on
adjacent properties other than connections via the street system shall be identified.
FINDINGS: As shown in the master plan the development of Area C will allow for a
pedestrian connection to Area A and Area B north of Lockhaven Drive, which is a
significant attractor as it is developed with a variety of retail businesses. In addition, there
will be a connection to the transit station which will be constructed in the eastern portion of
Area B. There will also be pedestrian connections along Lockhaven Drive which will
provide connections to the future development of Area D located on the south side of
Lockhaven Drive and to the east of Area C. The pedestrian / bicycle system that will be
located in an easement along the vacated portion of the Ridge Drive right of way and also
along the extension of McLeod lane will allow for a safe connection to the Little league
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Field located to the south. For these reasons the submitted master plan meets with this
provision.
FINDINGS: The walkways and other pedestrian connections that are shown on the master
plan are considered to be not only feasible but also desirable and necessary to the
development of Area C. These facilities will form an integral component of the
transportation infrastructure within Area C. This will be included as part of the building
permit review process staff will confirm final plans are consistent with this requirement.
FINDINGS: The master plan for Area C is consistent with the approved and developed
public street system in the area. One new street, the extension of McLeod Drive, within
the development is proposed. This street will connect Chemawa Road with Ridge Drive.
The site plan indicates that 7 new driveways will provide ingress and egress to the
development. Two driveways will serve the proposed development of area C-1, one full
turn driveway off McLeod Lane and one right in right out only driveway off Chemawa
Road. Another right-in right out only driveway is shown on the east side of Chemawa
Road mid block between McLeod Lane / Chemawa Road intersection and the Chemawa
Road / Lockhaven Drive intersection. Five full turn driveways are shown located on the
proposed extension of McLeod Lane. Each of the new access points will be required to
be designed and constructed to the city’s standards with regard to location, design and
construction. The access points combined with the layout of Area C will allow for
internal vehicle circulation which will minimize the need to exit and then re-enter the
development. The traffic impact analysis done by Kittleson and Associates, dated
October 2010, identifies that traffic flows that are projected to occur as a result of the
development of Area C. The design of the Area C took into consideration this
information to achieve a development that will allow for a safe and efficient movement of
vehicles not only within the development but also along the adjacent street system. This
will require that a signalized intersection at the McLeod Lane / Chemawa Road
intersection be provided as part of the development of Area C and that certain
improvements as indicated in the TIA and in Public Works comments will be required.
The driveway locations have been located to maximize the flow of traffic entering and
exiting the development. Therefore, the master plan proposal meets the criteria above.
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FINDINGS: The intent of the provision is to require that new developments are designed
in such a manner so that crime prevention and security issues are factored into the overall
design so as to avoid the development from becoming a crime plagued problem. The site
plan indicates that the buildings will be situated such that they will all be visible from the
adjacent streets. The development will provide lighting throughout the development to
provide ample opportunities for surveillance. The entrance to the buildings will be
located such that they will help to discourage crime. The landscaping plan indicates that
while the site will be landscaped and the level of landscaping and location of plantings
will avoid creating areas that might become areas where surveillance might become an
issue. The proposed master plan is designed to allow a development that will comply
with these provisions.
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FINDINGS: The intent of this is to make allowance for reduction of parking areas. At
this time the proposed level of development in Area C will be done in a manner
consistent with the parking space requirements with the city’s development code and
does not require the allowance which this section affords. As such, the proposal will
meet with the city’s parking requirements.
FINDINGS: The master plan for Area C makes allowance for public plazas and other
areas which could be used for public art, or that may be used for open space, or for public
gathering areas which will be in addition to the sidewalks and landscaped areas. These
are shown near the two building in the northeast corner of the intersection of Chemawa
Road / McLeod Lane. A second plaza is shown near the 2 buildings in the northeast
corner of the development and a third near the Chemawa / Lockhaven Drive intersection.
These areas will be developed in a manner that is consistent with the plaza areas that are
located in Area A and make use of colored concrete and alternative textures or patterns to
create an inviting open area. The open space and landscaped areas will meet with this
criterion.
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FINDINGS: The intent of this provision is to avoid constructing buildings that have
larger building facades that are devoid of any aesthetic features and lose their human scale
or have no aesthetic appeal. The master plan shows a variety of building footprints that
will have both interesting design character and will include architectural features which
will create a pleasing and aesthetic environment. The buildings are shown with a number
of jogs and off-sets in the façades that face the streets which will result in an aesthetically
pleasing building design. In addition, the number and placement of windows and
entryway locations will help to convey a sense of rhythm in the presentation of the
buildings. With the requirement that the buildings are designed to provide for features
that contain human scaled building design will result in the development containing an
interesting design character and will satisfy this requirement.
The proposed Master Plan includes drawings and schematics including extensive design
and the architectural detail of Area C. Therefore, the buildings within the Master Plan
area will comply with the provisions of the KDC and provide an appropriate level of
human scaled building design. While the exact design of all buildings is not yet known
the design for 9 of the commercial / mixed use buildings has been provided and the 3
multi-family buildings.
The elevation and other information about the LFS is provided in MP-12 to 15 and 17.
the plans indicate that the building will entail windows along the north facing building
façade, canopies, a roof line that will have changes in elevation with a mid-section that
will be higher than the ends. The building is larger but through the use of materials and
colors and architectural features and added landscaping it has a more appealing aesthetic
character.
Retail 1 makes use of windows, entryways, change in color and building materials as well
as roof line elevations to make a human scale building design. The two mixed use
buildings (Buildings 2 and 3) make use of differing colors, material to present an
interesting architectural design. In addition, the ground floor of each building is shown
with windows and storefronts that will provide a commercial sense to the building design
and a sense of rhythm to the window placement. Office 5 and 6 each make use of
windows, differing building material, colors, and entry ways to provide a varying design
that will be human scale. Also, the roof line makes use of changes in elevation of the
parapets to avoid a uniform roofline. Shops 7 and 8 continue this architectural theme and
area similar to the office buildings. The apartment buildings are by their nature
residential and not commercial buildings and so some aspects of the design do not
incorporate items such as plazas, etc. These three buildings all will be designed to
comply with the residential design requirements and will be similar to designs used in
other multi-family developments. In all cases, however, architectural typicals have been
submitted which show that a variety of human-scale elements will be utilized so as to
comply with this KDC provision.
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A. Section 2.305.01 - Siting Requirements. The location of transit facilities shall be based
upon the size and trip generation potential of major new development adjacent to a
transit street. Section 2.305.02 outlines the maximum transit facilities that may be
required by the City. Determination of specific requirements will be made on a case
by case basis for each development by evaluation the following factors:
FINDINGS: None of the above provisions are independent approval criteria. Rather
they are factors to be considered on a case by case basis. With the development of the
eastern portion of Area B with a transit station which is soon to be constructed by the Salem
– Keizer Transit District it is determined that these requirements do not require new bus
stops in Area C because of its location across Lockhaven from the new main transit station
serving Keizer. Because the transit station will be located just to the north of Area C across
Lockhaven Drive it is anticipated that new developments within not only Area C but also
within the other areas of the Keizer Station will experience increased ridership of patrons
using the enhanced bus system and so the proposal will satisfy this provision.
FINDINGS: These features are provided as a part of the main transit station in Area B
just across Lockhaven from Area C. Area B and C are a coordinated section of the city
with each designed to bring different features. Area B is designed to bring significant
transit rider facilities to serve Area C among other areas. No new bus stops, pads, or
transit turnouts make sense in Area C given the proximity to the significant transit amenities
at the main transit center serving Keizer across the street. Because the transit center will be
located within Area B it is anticipated that new developments within not only Area B but
also within the other areas of the Keizer Station including Area C will experience increased
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ridership of patrons using the enhanced bus system and so will satisfy with the intent of this
provision.
Based on the compliance with the above discussed criteria the proposed master plan is
determined to satisfy the master plan review criteria.
The following facts and findings address the subdivision application, which is a separate and
independent application which is being reviewed concurrently with the master plan for convenience
only.
C. Subdivision
A. THE REVIEW CRITERIA FOR A SUBDIVISION ARE LISTED IN SECTION
3.108.06 OF THE KEIZER DEVELOPMENT CODE (KDC). SECTION 3.108.06.A – THE
PROPOSAL SHALL COMPLY WITH THE APPLICABLE DEVELOPMENT
STANDARDS IN SECTION 2.405 AND SECTION 2.3 AS APPROPRIATE, INCLUDING
PROVISIONS FOR STREETS AND UTILITIES.
Section 2.405 KDC contains development standards for manufactured home parks and is therefore
not applicable in this situation. Section 2.3 KDC contains the standards which guide all
development approvals within the City of Keizer. Listed below are the development standards
contained in Section 2.3 that are pertinent to this subdivision review.
FINDINGS: In order to promote and maintain healthy, safe environments and to minimize
development impacts upon surrounding properties and neighborhoods the public facilities
improvement requirements specified in the table found in Section 2.301.03 are found to be the
minimum necessary. The applicant will be required to provide the following public facilities: fire
hydrant, street improvements, water hook-up, sewer hook-up, storm drain and street lights within
the proposed subdivision. With these items placed as conditions of approval this request can meet
this criterion.
a. Section 2.302.03.A - General Requirement. The location, width, and grade of streets shall
be considered in their relation to existing and planned streets, topographical conditions, public
convenience and safety, and the proposed use of the land to be served by the streets.
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FINDINGS: The area proposed to be subdivided is generally flat with little change in elevation.
The applicant proposes to develop the site with 9 lots. The site has frontage along the east side of
Chemawa Road, the south side of Lockhaven Drive, and along the northeast side of the existing
portion of McLeod Lane. The applicant proposes that the existing streets will serve the lots within
the proposed subdivision and a new street extension (McLeod Lane extension) will be constructed
to serve the lots. The Public Works Department commented that prior to submitting specific
construction plans for the proposed subdivision a pre-design meeting with the developer’s
engineer and the Department of Public Works is required. With this placed as a condition of
approval, staff finds this proposal satisfies this criterion.
b. Section 2.302.03.B - Continuation of Street. Development proposals shall provide for the
continuation of, and connection to, existing streets where necessary to promote appropriate
traffic circulation in the vicinity of the development. Where necessary to give access or permit a
satisfactory future division of lane, streets and utilities shall be extended to property boundaries
to allow the future extension of streets and infrastructure. A temporary turnaround shall be
constructed for stub streets in excess of 150 feet in length. Exemptions from these street
extensions can be found in Section 2302.03.B.1 – 5.
FINDINGS: McLeod Lane is proposed to be continued and connect into Ridge Drive. Since the
proposed development will be served by the continuation of a street which then connects into an
existing street it is not necessary that it be dead-ended at any property boundary. Therefore, this
section is met.
c. Section 2.302.03.C - Alignment. All streets other than minor streets or cul-de-sacs, as far
as practical, shall be in alignment with existing streets by continuation of the existing centerlines.
The staggering of street alignments resulting in "T" intersections shall, wherever practical, leave
a minimum distance of 200 feet between the center lines of streets having approximately the same
direction and otherwise shall not be less than 100 feet.
FINDINGS: The proposed McLeod Lane street extension as shown on the submitted site plans
will connect with Ridge Drive located to the east. Ridge Drive from this connection north to
Lockhaven Drive is proposed to be vacated which will result in there being a curve and not a “T”
intersection being created. This roadway will be designed to city specifications. Therefore, this
provision is not applicable.
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FINDINGS: On the applicant’s site plan the proposed street extension is proposed to be extended
to connect to Ridge Drive as part of the development of Area C. As such, it is timed to occur as part
of the development of Area C and not as part of any future development on any adjacent property.
While the lands to the west are developed with single family homes there is a larger 2 acre parcel
adjacent to the area to be developed with the apartment buildings. The owner of the parcel has
requested that the city considered an extension to allow the rear portion of this parcel to be
developed. In very preliminary drawings of previous development proposal of Area C (which
were never submitted to the city for review) a connection to the Harnar property was provided.
Such a connection will minimize future traffic impacts onto Chemawa Road. This connection
will result in the need for a public street to be provided somewhere in the vicinity of the lot line
between Lot 8 and Lot 9. This connection also means that the 8 to 10 feet of fill that is shown on
Lot 9 is impractical with regard to a street design and construction. With this placed as a
condition of approval, this section is met.
e. Section 2.302.03.E - Intersection angles. Streets shall be laid out to intersect at angles as
near to right angles as practical, except where topography requires lesser angles. Intersections of
less than 60 degrees shall require special intersection designs. Streets shall have at least 50 feet
of tangent adjacent to intersections unless topography requires lesser distances. Intersections
that are not at right angles shall have minimum corner radii of 15 feet. Major arterial
intersections shall have curb radii of not less than 35 feet. Other street intersections shall have
curb radii of not less than 20 feet.
FINDINGS: The intent of this provision is to ensure that intersections are designed to be consistent
with city deign specifications. The McLeod Lane / Chemawa Road intersection as proposed by the
applicant in the revised plans complies with this requirement and such is placed as a condition to
assure compliance with this section.
FINDINGS: McLeod Lane has a right of way width of approximately 70 feet to 40 feet at the
intersection with Chemawa Road. Lockhaven Drive has a right of way width of that ranges
from 150 feet to 100 plus feet along the western side of the frontage near the intersection of
McLeod Lane and Lockhaven Drive. Chemawa Road has a right of way width of 54 feet
southwest of the intersection of McLeod Lane and Chemawa Road to 40 feet northeast of this
intersection.
The proposed development of Area C makes use of the existing city’s street system that is
located along the frontage of the site. It will also include the development of a new street. The
Traffic Impact Analysis done by Kittleson and Associates (dated October 2010) analyzed and
addressed the impacts on the transportation system as a result of the development of Area C.
This analysis looked at the background traffic patterns and the proposed and potential types of
developments that are likely to occur within Area C and analyzed for the projected 2020 traffic
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flows. The result of this study was to determine that some additional improvements to the
existing street system will be needed.
The city public works staff review of the proposal indicates the development will generate in
excess of 250 vehicles trips per day. A Traffic Impact Analysis (TIA) for the subject property
has been prepared by Kittelson & Associates, Inc. dated October 2010 to provide information
regarding the anticipated increase in overall traffic in the area and methods to mitigate for the
anticipated increases. The analysis has been reviewed by the City’s Traffic Engineering
Consultant and can be accepted with some modifications to the site plan being required. A
queuing analysis and progression analysis was submitted to the City and establishes that the
proposal meets relevant requirements with no further street improvements.
The proposed Site Plan as revised indicates a number of “on-site” features; “right-in only,”
intersection improvements including traffic control, traffic signals and modifications, etc. that
will require construction during the first development activity for Area C including the ¾ street
improvement abutting proposed streets/intersection at land that is not owned or controlled by the
applicant at the McLeod/Chemawa Rd. intersection. Additionally, off-site improvements will be
required which will require a financing plan to be in place prior to any development in Area C.
All new intersections shall be designed to the standards of the City of Keizer Department of
Public Works under the standard construction permit process. All signalization shall be designed
to City of Salem standards and reviewed by the City of Salem for required operations,
maintenance and materials. Conduits for signal interconnects and required fibre optics cables
and junction boxes to existing and proposed controller cabinets will be required between the
three major intersections (Lockhaven/McLeod, Lockhaven/Chemawa Road and Chemawa
Road/McLeod). The portion of McLeod Lane east of Chemawa Road shall be constructed to
Collector Street Standards. Appropriate right of way dedication for necessary construction of the
above accesses will be determined during the design phase of the proposed new streets. The
intersection of McLeod Lane at Chemawa Road required modifications from the alignment
shown on the initial plans for the development. Specifically, the eastbound through lane of
McLeod Lane west of Chemawa Road needed to be aligned with the eastbound lane of McLeod
Lane east of Chemawa Road. The applicant submitted the requested revised intersection
alignment and it complies with staff requirements and all standards.
Street construction improvement plans shall include undergrounding of all existing and proposed
electrical power lines. The developer will be required to submit a street light plan for all streets
immediately adjacent to the development to a standard approved by the Department of Public
Works. The required street light system shall be constructed by the developer during the street
construction for the development.
The Developers engineer shall provide an analysis of available sight distance at the proposed
intersection of McLeod Lane and Ridge Drive. It appears that existing trees along the north line
of the existing home on Ridge Drive will present a vision obstruction for vehicles entering and
exiting the access to the home.
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A number of these improvements are determined to be needed as part of certain phases of the
development occur. Certain other improvements are linked less directly to the development of
Area C both to the development of both Area B and Area C as well as with general projected
growth within the city (Lockhaven Drive / 14 th intersection and Lockhaven Drive / River Road).
The applicant is required to adhere to the recommendations in the TIA as a condition of approval.
A letter from the applicant’s traffic engineer, Kittleson and Associates, dated February 2, 2011,
confirmed that the proposed revision that would eliminate the two 5 story mixed use towers and
replace them with a single 3 story building that would have no residential units would result in less
traffic impacts.
FINDINGS: While no cul de sacs are planned, with the requirement that a public street be
provided to the parcel west of Lot 9 will result in there needing to be some form of turnaround on
this parcel and so therefore this section is applicable.
i. Section 2.302.03.I - Street names and numbers shall conform to the established standards
and procedures in the City.
FINDINGS: The extension of the McLeod Lane will continue to be named McLeod Lane in
accordance with City standards and building numbers (addresses) will conform to all city standards
so therefore this section is applicable. Approved street names must be shown on final plat.
FINDINGS: The subject property is fairly flat and has minimal grade or slope that will constrain or
impact the development of the property. Lockhaven Drive, Chemawa Road, and the existing
portion of McLeod Lane are all developed streets within the city’s established street system. The
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extension of McLeod Lane will comply with this provision. Staff finds, with this as a condition of
approval, this proposal satisfies this criterion.
l. Section 2.302.03.L - Alleys shall be provided in commercial and industrial zones unless
other permanent provisions for access to off-street parking and loading facilities are provided.
The corners of alley intersections shall have radii of not less than 10 feet.
1. Street trees shall be planted at a ratio of no less than one tree per 30 feet of
property frontage. Street trees shall conform with the list of acceptable trees included in the
City’s Street Tree Ordinance. Installation of street trees shall be included in any improvement
agreement covering the installation of public facilities and services on a property.
FINDINGS: The intent of this provision is to specify the amount of landscaping along streets
fronting new developments that is required. Adherence to this requirement will result in uniform
tree placement. The applicant shall provide street trees along the frontage of the lots along the new
street within the subdivision and along the existing street frontage where street trees currently are
not located. Street trees shall be planted consistent with the spacing requirements within Section
2.302. There are currently trees along the frontage of the property with Lockhaven Drive.
Information regarding the care and maintenance of the street trees must be approved by the
Community Development Department. With these placed as conditions of approval, the application
can comply with this provision.
n. Section 2.302.03.N - For streets serving infill development as defined under Section
2.316.03, the Infill Street and Access Easement Standards of Section 2.316.06 may be applied.
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FINDINGS: The property to be subdivided is comprised of more than two acres and so does not
meet the definition as qualifying for infill development and so these provisions are not applicable.
The standards outlined in this section shall be the minimum requirements for all streets, except
where a variance is requested as permitted under Subsection 2.202.05.
FINDINGS: The applicant does not request any modification to the right-of-way or improvement
width for public streets. This proposal meets this criterion.
Construction specifications for all public streets shall comply with the standards of the most
recently adopted public works street standards of the City of Keizer.
FINDINGS: The intent of this provision to assure that new streets are constructed to city standards.
Public streets are proposed to serve the lots within the subdivision, so this section is applicable.
The applicant will be responsible for providing public street improvements along the frontage of the
property the applicant owns or controls with Chemawa Road and McLeod Lane and ¾ street
improvements on streets abutting land it does not own or control. Dedication of additional right of
way will be required. There will be a need for street improvements including paving, curbs, gutter
and sidewalk along the frontage of the property. The applicant will be responsible for complying
with all conditions regarding the design specifications of the street within the proposed subdivision
and so complies with this provision.
A. Section 2.303.05 Joint Use. Parking area may be used for a loading area during those
times when the parking area is not needed or used. Parking areas may be shared
subject to Administrator approval for commercial and industrial uses where hours of
operation or use are staggered such that peak demand periods do not occur
simultaneously. Such joint use shall not be approved unless satisfactory legal evidence
is presented which demonstrates the access and parking rights of parties.
FINDINGS: Where feasible in Area C the parking areas will be shared between
adjoining uses. The total amount of parking spaces will support the individual use within
Area C. This type of use is consistent with Area A and for the recently approved master
plan for Area B in which a master parking plan was developed. The intent of the master
parking plan is to allow the joint use of parking areas and to avoid requiring the
development of excessive amounts of parking. It is anticipated that the option of a master
parking plan will be developed for Area C and that cross access easements will be
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required between the various parcel owners to allow the joint use of parking spaces. The
master plan indicates that approximately 1,072 parking spaces can be located on the site to
accommodate the proposed level of development associated with Area C as shown in the
master plan. This will assure compliance with this provision.
FINDINGS: The intent of this provision is to ensure that new developments provide
sufficient parking as required to serve their needs. The parking provided on the concept
site plan was calculated using the standards above. The site plan demonstrates that
sufficient parking will be provided on the site and will not use any on-street parking along
any of the adjacent public streets. The master plan shows a total of 1,072 parking spaces
provided throughout the whole site (Sheet MP-3). The plan indicates that the
development will include 7 sub-areas within the development. Sub-area C-1 which is
comprised of Retail 1 and Mixed Use Retail/Office Building 2, is shown with 148 parking
spaces and 153 parking spaces is the minimum amount required and so this sub-area meets
the parking provisions. Sub-area C-2a (Office 4, Office 5, and Office 6) is shown with
140 parking spaces where the minimum amount required is 46 spaces and the maximum
allowed is 69 parking spaces. Hence, this sub-area C-2a has twice the amount of parking
that can be permitted. Sub-area C-2b (Shops 7 and 8) is shown with 46 parking spaces
where 34 is the required minimum and so this sub-area meets the parking provisions.
Sub-area C-2c (Anchor 9) is shown with 508 parking spaces where 386 is the required
minimum and the maximum amount is 580 parking spaces and so this sub-area meets the
parking provisions. Sub-area C-3 (Medical Center) is shown with 230 parking spaces
where 177 is the required minimum and the maximum amount is 265 parking spaces and
so this sub-area meets the parking provisions. The multi-family area is shown with 146
parking and the minimum required is 146 parking spaces so this sub-area meets this
requirement. As provided on the concept site plan, the parking as shown will satisfy the
standards for the uses proposed provided that amount is parking in Sub-area C-2a is
reduced by more than half or by providing that the additional parking spaces may be used
by other users in Area C. The applicant has verbally indicated that they that intend to
grant cross parking easements to allow this surplus parking to be used by other businesses
in the proposed development. The minimum parking requirements are met, and that there
are a total of 1,072 parking spaces throughout the development are shown on the
submitted site plan. Therefore, the master plan complies with this requirement.
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C. Section 2.303.07 Standards for Disabled Person Parking Spaces. Disabled Person
Parking Spaces shall comply with the requirements of the Uniform Building Code and
ODOT standards.
D. Section 2.303.08.A Bicycle Parking Bicycle Parking shall be required in all public and
semi-public, commercial and industrial development as well as park-and-ride lots.
Bicycle parking shall be provided in the following amounts:
• Retail store: 1 per 10 required vehicle parking spaces with a maximum of 6
required
• Bank, offices, medical clinic: 1 per 20 required vehicle parking spaces with a
maximum of 6 required
FINDINGS: This provision specifies the amount of bicycle parking that is required
based on different type of use. For example, the larger format store will be required to
provide the maximum number of bicycle parking spaces, 6 parking spaces although the
Planning Commission considered that this amount may be too low and increased it to 12
bicycle parking spaces. Retail 1 is required to provide 3 bicycle parking spaces. The
medical center is shown with 230 parking spaces and is required to provide 6 bicycle
parking spaces. Office 4 and 6 are each required to provide 1 bike parking space, office 5
is required to provide 2 bike spaces, Buildings 2 and 3 are each required to provide 3 bike
parking spaces, Shops 7 and 8 each shall provided 2 bike parking spaces, and the multi-
family units shall provide 1 bike space for every 2 units. Bike parking is proposed in
areas near the building entrances and will be a condition of building permit review and
will be verified as part of the final building inspection and so will comply with this
provision.
1. Space Size. Each bicycle parking space shall be a minimum of six feet long
and two feet wide and be accessible by a minimum four foot aisle.
2. Location. All bicycle parking areas shall be within 100 feet of a building
entrance and located within a well-lit area.
3. Rack Design. Bicycle racks must be designed to secure the bicycle frame and
at least one wheel, and, accommodate a locking device. Racks, lockers or
other related facilities shall be securely anchored to the ground or to a
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4. Access. Access to a public right-of-way and pedestrian access from the bicycle
parking area to the building entrance must be provided.
FINDINGS: Specific designs for the parking of bicycles will ensure that this type of
user to the new development will have adequate parking spaces for bicycles. This shall
be provided as part of the final plans and will be verified as part of the final building
inspection and will assure compliance with this provision.
FINDINGS: There are no planned industrial uses for Area C. The retail components of
the development are excluded from this section. The building identified as a medical
center also is determined to not be covered by this provision. The cluster of office
buildings in Sub-area C-2a is required to provide less than the 100 spaces threshold
which will mean that this provision is not applicable.
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shown, south of medical center a loading area is shown. These all meet the dimensional
requirements. Office 5, retail 1, Shops 8 and mixed use buildings do not appear to
address this requirement. Sufficient paved areas and designated loading areas will be
required to be identified on building permit plans and verified as part of the final
inspection to assure compliance with this provision.
1. Section 2.303.11.A Surfacing. All driveways, parking and loading areas shall
have a durable, hard, dust free surface built to Department of Public Works standards.
FINDINGS: This is required to eliminate any unpaved parking areas from being used
which might result in nuisance problems related to dust, drainage, and poor construction.
The master plan indicates that the parking and loading areas will be paved. Pavement
shall be required as part of the building permit process and will need to be consistent
with city requirements and so will satisfy this provision.
Compact Spaces. Compact parking spaces, at a reduced width of 8.5 feet, shall
be permitted on sites with more than five (5) parking spaces. No more than
30% of the required parking shall be compact spaces and each space must be
identified as a "Compact Space."
FINDINGS: The intent of this requirement is to specify the parking lot and space
dimension requirements so as ensure that there are safe and adequate parking facilities to
serve the public which will frequent the new businesses. The master plan illustrates that
all parking spaces will measure 9 feet by 18 feet. The proposal meets these requirements,
by providing standard spaces. Parking space number and dimensions will be verified at
the time of building permit submittal and also at final occupancy to assure compliance
with this provision.
3. Section 2.303.11.C Aisle The following minimum aisle dimensions shall apply:
Without adjacent parking:
b. One-way: 12 feet
c. Two-way: 22 feet
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FINDINGS: The intent of this requirement is to specify the parking lot and space
dimension requirements so as ensure that there is safe and adequate parking facilities to
serve the public. The proposal shows the parking lot aisles all of which are shown 24 feet
wide. This meets these requirements as shown on the master site plan. Field verification
will be required as part of the final inspection to ensure compliance.
FINDINGS: The intent of this provision is to minimize any impacts between parking
and loading areas and adjacent residential uses. Residential zoning abuts the site to the
west and is developed with residential single family homes. While there are residential
uses to the west across McLeod Lane they are separated by McLeod Lane and by
Chemawa Road from the developments in Area C. In addition, with these parcels also
being within Area C there is the potential that they may be redeveloped from single
family homes to commercial uses. At such time this requirement will be placed on any
redevelopment of these parcels. There is no residential zone abutting the east of Area C.
The single family dwellings located along the east side of Chemawa Road will be more
than 45 feet from the parking area associated with the medical center. In addition the
parking lot is buffered by approximately 30 feet of landscaping. To the south of the
larger format store there is a single family dwelling and a church but they are not in a
residential zone. Rather they are in the MU zone which is not a residential zone. It is
noted that even though this standard does not apply to the MU zone that while there is a
loading area behind the LFS building and certainly from time to time there will be
delivery trucks waiting to unload there is no customer parking lots in this area. In
addition, there is 6 to 8 foot tall masonry screening and landscaping to the south of the
loading area which will help to screen this portion of the building from these adjacent
uses. This combination of landscaped buffering and sight obscuring wall satisfy this
provision.
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5. Section 2.303.11.E Lighting. All lighting shall be directed entirely onto the
loading or parking area and away from any residential use. The lighting shall
not cast a glare or reflection onto the public rights-of-way.
FINDINGS: The purpose of this provision is ensure that the site is adequately
illuminated without the lighting becoming a nuisance to neighboring properties or a
hazard to vehicles on the public streets. The applicant has indicated that the lighting will
be similar to that which is used in Area A and will be designed to direct light away from
residential uses and so will comply with this provision.
6. Section 2.303.11.F Landscaping. A tree shall be planted for every eight lineal
parking spaces not located adjacent to a building. The planting space shall
measure no less than 4 feet square and be surrounded by concrete curbing.
The plant shall be of a species that the root system will not interfere with
underground utilities or the parking surface, and, is capable of achieving a 15
foot radius. The specific planting enclosure and appropriate tree selection will
be provided by the City.
FINDINGS: The intent of this requirement is to create a parking area which has a treed
feel to it. The allowance for a tree per every 8 parking spaces will result in a “greening”
of the parking areas and avoid them from becoming an otherwise barren sea of asphalt.
The planting of trees within the parking area will create shade which will help to reduce
summer temperatures within the parking area. It will also help to increase the overall
amount of landscaping within the development. The proposed concept site plan show the
appropriate landscaped areas for trees as required above. Approximately 221 trees are
shown planted in the parking areas, not including trees which are to be planted as part of
the storm detention system which will increase the overall number of trees in the parking
areas. The specific species will be approved during final approval and will be verified
during on-site field inspection. With this placed as a condition of approval will satisfy
this requirement
7. Section 2.303.11.G Traffic Flow. Service drives to off-street parking areas shall
be designed and constructed to allow flow of traffic, provide maximum safety of
traffic access and egress and the maximum safety of pedestrians and vehicular
traffic on the site.
FINDINGS: This provision is geared to safety of pedestrian and vehicles entering and
exiting Area C. The access to and from the parking lots will be controlled and designed to
provide suitably spaced driveway intersections on Chemawa Road and McLeod Lane.
No driveways are proposed along Lockhaven Drive. One full turn ingress / egress is
proposed off McLeod Lane, two right-in, right-out drives are shown along Chemawa
Road, and 5 driveways along the extension of McLeod Lane. The driveway locations
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have been reviewed by the City and there locations are acceptable. The design of the
parking areas will comply with city standards for parking lot design and will provide for
safe travel within the parking areas which will be constructed in Area C. This will
include 24 foot wide travel aisles which will comply with minimum width requirements.
This design will provide for safe and efficient traffic flow throughout the site and will
meet the provisions of this section.
FINDINGS: The intent of this provision is to assure that new developments construct
driveway intersections that are safe and that the vision clearance area is free of plants,
signs or other objects that might otherwise interfere with a driver’s line of sight. The 6
full entrances and two right-in / right-out only entrances will provide access to
developments within Area C and all will have safe and adequate vision clearance areas.
The plants which will be selected for planting in these areas will not interfere with vision
clearance at the intersection of the street and the access points. All signage will be
required to be located outside this vision clearance area. This provision is not unique to
the development of Area C but is a requirement of all new developments throughout the
city. The proposal satisfies this standard.
9. Section 2.303.11.I Bumper Rails. Parking spaces along the outer boundaries of
a parking area shall be contained by a curb or a bumper rail to prevent a
motor vehicle from extending over an adjacent property, a street, or a
sidewalk. The bumper shall be at least 4" high and located a minimum of 3 feet
from the property line.
FINDINGS: This is a design detail, which is not shown in the submitted plans, and will
be required to be provided as part of the building permit review.
FINDINGS: The Public Works Department commented that a Storm Drainage Master
Plan is required for the proposed development that includes all of Area C. The Master
Plan shall include engineering calculations that provide for acceptable on-site disposal of
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the anticipated increase in storm water runoff. The current storm drains in Lockhaven
Drive and downstream do not have capacity to handle any increase in storm water.
Because of the existing capacity limits of the existing storm drain system this drainage
shall be treated as a critical basin per the City of Keizer Public Works Design Standards.
Storm water detention and low impact development design will be required for all areas
in Keizer Station, Area C. All storm water including roof drains are to be connected to
an approved system designed to provide adequate drainage for proposed new driveways,
parking lots and other impervious surfaces. Where on-site detention is planned, adequate
covenant, conditions and restrictions (CCR) shall be recorded to alert future
owners/developers that detention and/or treatment shall be required to be constructed to
the standards in effect at the time of building permit application.
A grading and drainage plan shall be developed for the subject property including
proposed lot corner elevations. Details shall include adequate conveyance of storm
water from adjacent property across the subject property. Prior to any development of
the area a final storm water plan shall be submitted for review and approval by the
Department of Public Works. It appears that a larger fill is proposed (8 feet to 10 feet
high) on Lot No. 9 of Area C-3. The applicant shall demonstrate to the City how the fill
can be accomplished without negative impacts to the adjacent properties. The applicant
submitted a letter from their engineering firm, Cardno WRG, dated February 3, 2011 that
indicated that they will “produce a storm design system restricting stormwater runoff
rates from the proposed subject development to match those of the currently developed
site during the code-specified storm events is feasible. The design team will endeavor to
accomplish this through various forms of detention including, but not limited to, the use
of bio-retention swales, ponds, underground systems, etc. These methods will applied to
both the onsite and public drainage systems as deemed appropriate by the design team
and City staff.”
A phasing plan shall be submitted to indicate how the storm water management plan will
be developed to provide service to each area if the development is proposed to be develop
in phases. The developer shall submit to the Department of Public Works a master plan
for erosion control for the entire site prior to any site development. The plan shall be
approved by the Department of Public Works. Prior to any development, including site
grading, the applicant shall obtain an NPDES permit from the Oregon Department of
Environmental Quality and submit a copy of the approved plan to the City of Keizer
Department of Public Works. Easements for any existing or proposed storm drain lines
within the subject property will be required if not located within public right of ways.
An improvement agreement or other acceptable form of guarantee for all required
storm drainage construction shall be in place prior to construction permits being
issued.
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FINDINGS: To provide adequate services and facilities appropriate for commercial and
residential development, the applicant shall meet the standards set forth in Section 2.307 of the
Keizer Development Code relating to water, sanitary sewer, private utilities, street lights and
easements. This is a development requirement and compliance will be ensured during review of the
construction and engineering drawings.
a. Section 2.307.02.A - The location, design, installation and maintenance of all utility lines
and facilities shall be carried with minimum feasible disturbance of soils and site.
FINDINGS: The proposal to subdivide the site will require utility lines to serve the new lots. A
preliminary site plan has been submitted showing water lines and sanitary sewer lines located within
the right of way of the new street within the subdivision. As a condition of approval, a detailed
engineer’s plan will be required to be submitted for review and approval. As part of the grading
plan, erosion control measures will be required. The construction and installation of these facilities
will be required to be done so that it satisfies this requirement. Therefore, this proposal can satisfy
this criterion.
b. Section 2.307.02(B) - All development that has a need for water service shall install water
facilities and grant necessary easements pursuant to the requirements of the City.
FINDINGS: The intent of this provision is to ensure that water lines are installed to city
specifications and, if placed outside of public right-of-ways are located within an easement to avoid
conflicts. The applicant’s statement and site plan indicate the proposed lots will be served by public
water lines. The application contains a master utility plan that includes location of existing and
proposed water lines. As indicated in the sanitary and water plans in the applicant’s packet a
number of 10 inch water lines will be installed on the site to serve the new development. These are
indicated to be located in either 10 foot or 20 foot wide water easements. The Keizer Development
Code requires that water service installed outside of the right-of-way shall be placed within an
easement, and the easement be shown on the final plat. Keizer Public Works Department
commented that the developer shall prepare an overall water system plan showing the required
changes to the existing system to bring the water mains, fire hydrants and individual services into
compliance with the City of Keizer Design and Construction Standards. This plan must be
prepared prior to submission of the subdivision plat. Appropriate easements for all public water
mains and fire hydrants will be required if construction will be outside of a public right-of-way.
Any system development charges for water system improvements will be those in place at the
time of individual service connections. With these requirements placed as conditions of approval,
this request can meet this criterion.
c. Section 2.307.02(C) - Private Utilities, All development that has a need for electricity, gas
and communications services shall install them pursuant to the requirements of the district or
company serving the development. Except where otherwise prohibited by the utility district or
company, all such facilities shall be underground.
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FINDINGS: The applicant’s written statement indicates that all utilities will be placed
underground. Unless otherwise prohibited this is a development requirement. The Department of
Public Works commented that to minimize utility line conflicts, a master utility plan including all
proposed power, telephone, gas and cable lines shall be submitted for review prior to issuance of
construction permits for the proposed project. With this placed as a condition of approval this
request can satisfy this criterion.
d. Section 2.307.02(D) - Sanitary Sewers, All development that has a need for public/private
sanitary sewers shall install the facilities pursuant to the requirements of the city. Installation of
such facilities shall be coordinated with the extension of necessary water services and storm
drainage facilities.
FINDINGS: The Public Works Department submitted comments addressing this criterion.
The intent of this provision is to ensure that the new development will be served by
sanitary sewer. As part of the application a master sanitary sewer plan was submitted for
review. This plan shows the existing sanitary sewer lines that are either within Area C, or
immediately adjacent to Area C and it shows the location of sanitary sewer lines that will
need to be constructed to serve the future development of Area C. This plan shows
there is a 8 inch sanitary sewer line located in Lockhaven Drive; and 8 inch sewer line
located in the McLeod Lane right of way; and, a 8 inch sanitary sewer line located in
Chemawa Road. An 8 inch sanitary line is proposed to be located in the extension of
McLeod Lane.
Public Works commented that the subject property is located within an area of Keizer
that requires additional sanitary sewer capacity to be able to complete the Sanitary Sewer
Master Plan. The Master Plan provides for an acreage fee to be assessed as the property
develops to provide for the required sewer trunk lines. The area to be assessed has been
determined to be 14.58 acres and is identified on Exhibit A attached to this report. The
current acreage fee is $7,460.00 per acre which would result in an assessment of
$108,766.80 payable at the time of issuance of public works construction permits.
A Master Sewer Plan for the proposed development has been prepared which indicates
that all proposed development in Area C will be connected to the existing or relocated
public sanitary lines constructed to provide service to the area. The Master Plan shall
indicate how phasing of the abandonment of existing sanitary sewer lines will coincide
with the proposed new construction of sanitary sewer lines. City of Salem approval for
local sewers is required. Permits from the City of Salem shall be issued prior to
construction. Prior to submitting plans to the City of Salem for approval, the developer’s
engineer shall submit plans to the City of Keizer for review and determination of
compliance with the City’s Master Sewer Plan for the area.
Connecting to existing sewers or new laterals that serve the general area will be the
responsibility of the property owner at the time of subdivision of the property or at
issuance of building permits. Appropriate easements will be required for any public or
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private sewer lines located within the subject property if located outside platted right of
ways. Easements for any existing sanitary sewer lines remaining in use located on the
subject property will be required to be recorded in favor of the City of Keizer.
It will be the responsibility of the developer’s engineer to locate any existing wells
(including those on adjacent property) in the vicinity of the proposed new sanitary sewer
lines for the subject property. Any conflicts between existing wells and proposed
sanitary sewers shall be addressed by the developer prior to issuance of public works
construction permits. An improvement agreement or other acceptable form of guarantee
for all required construction shall be in place prior to construction permits being issued
for public sanitary sewer construction or final subdivision plat approval. With these
placed as conditions of approval will assure compliance.
e. Section 2.307.02(E) Street Lights. When required, installation of street lights shall be
pursuant to the requirements of the city and the company serving the development.
FINDINGS: Street lights will be required along all streets either within or fronting the
development to provide for public safety in the development. With this as a condition of approval,
this request meets this criterion.
f. Section 2.309.04(B)(7f) – The City may require significant trees that are removed
(including trees that are removed within the year prior to the application) be replaced at the
rate of up to two new trees for each significant tree removed.
FINDING: The intent of the second objective is to encourage the retention of trees on the
property so that they may be as much as possible included into the overall design of the
development of Area C. The applicant submitted a tree removal plan as part of the application.
The plan shows the location of 136 trees of various species throughout the area. It indicates the
126 are to be removed and 10 to be retained. It should also be pointed out that within the last
two years at least 56 trees were removed from the site without any prior approval by the city. All
126 trees identified as needing to be removed are considered by the city’s regulations as being a
“significant tree” as well as the 56 trees which were previously removed. A “significant tree” is
a tree that is at least 12 inches in diameter or 50 feet tall. City code (Section 2.309.04.C)
requires that each one these trees be replaced at a 2 to 1 ratio. This will require that 364 trees be
planted to replace the trees that have been removed. The landscaping plan indicates that
approximately 627 trees are proposed to be planted throughout Area C. This includes: 155
street trees (32 trees along Lockhaven, 77 trees along McLeod Ln, 46 trees along Chemawa), 221
trees within the parking lots, 106 trees along the perimeter of the parking lots, 145 trees near
buildings / plazas. Upon review it appears that 100 additional trees will need to either be planted
or the applicant apply for off-site mitigation measures so as to comply with this provision.
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g. Section 2.309.05 – Screening and buffering shall be used to eliminate or reduce the
impacts between a number of uses listed within this section, an in particular to provide for
compatibility between dissimilar adjoining uses.
FINDING: Properties to the north and east are not residentially developed but are each
with Keizer Station and have approved master plans to allow for non-residential
developments. South of the proposed development is a single family home and a church on
lands that are within the boundary of Area C. To the south of these uses is the Keizer Little
League on land that is designated Public. Lands outside the boundary of Area C along
Chemawa Road, or the west side of McLeod Lane are primarily developed with single
family homes which will require screening along these common property boundaries. In
addition, the multi-family development in the southwest corner of Area C will need to be
screened along its west property line since it is abutting residential uses to the west. No
industrial uses are planned for Area C only commercial and residential uses that are allowed
in the MU and CR zones.
The service area behind the larger format store is proposed to be screened with vegetation
and a 6 to 8 foot tall masonry wall. The plans are not sufficiently detailed to show
electrical and mechanical equipment, but if any of these types of equipment are provided it
will be a requirement that they are appropriately screened. Parking areas will all be
surrounded by landscaping consisting of ground cover, shrubs, and trees. The specific
screening details will need to be reviewed and approved during the building permit process.
In consideration of this, the proposal will comply with this provision.
a. Section 2.310.03.A - Minimum lot area. Minimum lot area shall conform to the
requirements of the zoning district in which the parcels are located.
FINDINGS: The purpose of this requirement is to allow for the development of the property in a
manner consistent with that of the underlying zone district. The subject property is zoned MU and
CR. There is no minimum lot size in either the MU or CR zone for commercial uses other than the
lot shall be larger enough to accommodate the development. With the lots ranging in size from 0.82
acres to 12.8 acres it appears that there are all larger enough to accommodate the proposed
development. Although, as previously indicated some of the proposed uses will need to be shifted
so as to comply with all building setback requirements. Minimum lot size for multi-family
development in MU zone is 6,000 square feet and with the apartments being located on Lot 9 which
is 3.47 acres exceeds this provision. All of the proposed lots conform to the minimum lot size
requirement of the MU and CR zone districts. As a condition of approval all lot sizes must be
shown on the preliminary and final plat. Staff finds this proposal satisfies this criterion.
b. Section 2.310.03.C - Lot width and depth. The depth of a lot or parcel shall not be more
than 3 times the width of the parcel.
FINDINGS: The purpose for establishing lot width-to-depth ratios is to provide for the orderly,
safe, efficient and livable development of land. The lot width-to-depth ratio also prevents lots from
being created that would be practically unbuildable. All lots within the proposed subdivision meet
this criterion. Staff finds that this proposal can satisfy this criterion.
c. Section 2.310.03.D - Access. All lots and parcels shall provide a minimum frontage, on
an existing or proposed public street, equal to the minimum lot width required by the underlying
zone. Cul-de-sac lots shall have a minimum frontage of 25 feet and Flag lots shall have an
access strip of no less than twenty (20) feet. The following exceptions shall apply: residential lots
or parcels may be accessed via a private street or access easement developed in accordance with
the provisions of Section 2.303 when the City finds that a public street is not necessary to provide
for the future development of adjoining property.
FINDINGS: Lots have frontage that range from 150 to 1,200 feet and so exceed the minimum
There are no cul-de-sac lots. There is one flaglot which is shown with an access width of 70 feet
which exceeds that minimum frontage requirement. This proposal satisfies this criterion.
d. Section 2.310.03.E -Flag Lots. Flag lots shall only be permitted if it is the only reasonable
method by which the rear portion of a lot being unusually deep or having an unusual
configuration may be accessed and when in compliance with Section 2.302.03.B. If a flag-lot is
permitted, the following standards shall be met:
1. The access strip shall not be less than 20 feet wide. The access strip shall be
improved with a minimum 12 foot wide paved driveway and paved encroachment which meet
applicable City standards.
2. The access strip shall not be included in the calculation of lot area for purposes of
determining compliance with any minimum lot size provision of this Ordinance.
FINDINGS: One flag lot is proposed and is located in the southwest corner and is proposed to be
development with multi-family development. This lot is shown as containing 3.47 acres and has 70
foot minimum width and so complies with this provision.
e. Section 2.310.03.F - Through Lots. Through lots shall be avoided except where essential
to provide separation of residential development from major streets, adjacent non-residential
activities, or to overcome specific development constraints of topography and orientation.
Through lots shall be no less than 100 feet in depth. Lots having their access off a private access
easement or adjacent to a private access easement shall not be construed as qualifying as through
lots. Screening or buffering, pursuant to the provision of Section 2.307, may be required by the
City during the review of the land division request.
FINDINGS: Since no through lots are created by this application, this section is not applicable.
f. Section 2.310.03.G - Lot Lines. The side lines of lots, as far as practicable, shall run at
right angles to the right-of-way line of the street upon which the lots face. The rear lot line shall
be no less than 1/2 the dimension of the front lot line.
FINDINGS: The subject property is a 33 acre parcel and will result in the creation of 9 lots that
generally will have the proposed lot lines run, as far as practicable, at right angles to the street right-
of-way lines. The rear lot lines are no less than one-half the dimension of the front lot lines. The
application complies with this criterion.
g. Section 2.310.03.H - Utility Easements. Utility easements shall be provided on lot areas
where necessary to accommodate public utilities. Such easements shall have a minimum total
width as specified in Section 2.302.04 of this Code.
FINDINGS: There will be utility lines located on most, if not all, of the lots within the proposed
subdivision. Public Works commented that it would require that easements be granted to the City
and must be shown on the final plat for any utility lines that would be located on any lot. This is
a development requirement and shall be placed as a condition of approval of this subdivision
application. The application can comply with this criterion.
b. Section 2.310.04.B - Traffic Circulation. The proposed subdivision shall be laid out to
provide safe and convenient vehicle, bicycle and pedestrian access to nearby residential areas,
transit stops, neighborhood activity centers such as schools and parks, commercial areas, and
industrial areas; and to provide safe and convenient traffic circulation. At a minimum, "nearby"
is interpreted to mean uses within ¼ mile which can be reasonably expected to be used by
pedestrians, and uses within 1 mile of the subdivision boundary which can reasonably be
expected to be accessed by bicyclists.
FINDINGS: The intent of this provision is to allow for safe vehicle, pedestrian, and bicycle
access from the lots within the subdivision to other nearby facilities. There is no sidewalk along the
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frontage of the property with Chemawa Road or along McLeod Lane. In order to provide for a safe
pedestrian system the applicant will be required to provide a 5-foot wide sidewalk along the
frontage of the property with all existing streets where they are lacking and along the new street
within the subdivision. In addition to the improvements to the streets along the frontage of the
property there will be improvements to the bicycle / pedestrian infrastructure system placed in an
easement in the vacated Ridge Drive right of way. This pedestrian / bicycle system will provide
access to the Keizer Station Areas A and B to the north, to Area D to the east, the transit station in
Area b, and to the little league fields to the south, as well as to the regional bicycle system along the
Salem parkway. With the applicant required to make improvements to the street fronting the
property this will assure that vehicles can move not only past the subdivision, but can also enter and
exit it in a safe manner. With the requirement for these improvements placed as conditions of
approval, staff finds the application complies with this section.
FINDINGS: The applicant will be responsible for providing street improvements along the
frontage of each lot within the subdivision. Public Works has commented that the applicant will be
responsible for providing improvements (sidewalk, curbs, street) to allow for improved streets. The
new street extension within the subdivision will require the applicant to be responsible for
improving it to comply with city standards. In addition, a 5 foot wide sidewalk is to placed
alongside the street within this right of way. These conditions of approval will assure that the
application complies with this criterion.
c. Section 2.310.06.C - Project Streets. All public or private streets within the subdivision
shall be constructed as required by the provisions of Section 2.302.
FINDINGS: Public Works has reviewed the proposed subdivision and their detailed comments are
included as part of the record. As a condition of approval, the applicant will be responsible for
providing improvements to the streets fronting the subdivision so as to comply with all requirements
of the City Public Works department regarding street construction. This will ensure compliance
with this criterion.
FINDINGS: The applicant will be responsible for placing appropriate monuments at the street
intersections and with this as a condition of approval; this application can comply with this criterion.
e. Section 2.310.06.E - Bench Marks. Elevation bench marks shall be set at intervals
established by the City Engineer. The bench marks shall consist of a brass cap set in a curb or
other immovable structure.
FINDINGS: The applicant will be responsible for placing appropriate bench marks at the street
intersections and with this as a condition of approval; this application can comply with this criterion.
f. Section 2.310.06.F - Surface Drainage and Storm Sewer System. Drainage facilities shall
be provided within the subdivision and to connect the subdivision drainage to drainage-ways or to
storm sewers outside the subdivision. Design of drainage within the subdivision shall take into
account the capacity and grade necessary to maintain unrestricted flow from areas draining
through the subdivision and to allow extension of the system to serve such areas. Drainage shall
be designed to avoid impacts on adjacent property.
FINDINGS: This criterion was also addressed previously in this report relating to storm
drainage improvements and public facilities. The Public Works Department commented
that a Storm Drainage Master Plan is required for the proposed development that includes
all of Area C. The Master Plan shall include engineering calculations that provide for
acceptable on-site disposal of the anticipated increase in storm water runoff. The current
storm drains in Lockhaven Drive and downstream do not have capacity to handle any
increase in storm water. Because of the existing capacity limits of the existing storm
drain system this drainage shall be treated as a critical basin per the City of Keizer Public
Works Design Standards.
Storm water detention and low impact development design will be required for all areas
in Keizer Station, Area C. All storm water including roof drains are to be connected to
an approved system designed to provide adequate drainage for proposed new driveways,
parking lots and other impervious surfaces. Where on-site detention is planned, adequate
covenant, conditions and restrictions (CCR) shall be recorded to alert future
owners/developers that detention and/or treatment shall be required to be constructed to
the standards in effect at the time of building permit application.
A grading and drainage plan shall be developed for the subject property including
proposed lot corner elevations. Details shall include adequate conveyance of storm
water from adjacent property across the subject property. Prior to any development of
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the area a final storm water plan shall be submitted for review and approval by the
Department of Public Works. It appears that a larger fill is proposed (8 feet to 10 feet
high) on Lot No. 9 of Area C-3. The applicant shall demonstrate to the City how the fill
can be accomplished without negative impacts to the adjacent properties.
A phasing plan shall be submitted to indicate how the storm water management plan will
be developed to provide service to each area if the development is proposed to be develop
in phases. The developer shall submit to the Department of Public Works a master plan
for erosion control for the entire site prior to any site development. The plan shall be
approved by the Department of Public Works. Prior to any development, including site
grading, the applicant shall obtain an NPDES permit from the Oregon Department of
Environmental Quality and submit a copy of the approved plan to the City of Keizer
Department of Public Works. Easements for any existing or proposed storm drain lines
within the subject property will be required if not located within public right of ways.
An improvement agreement or other acceptable form of guarantee for all required
storm drainage construction shall be in place prior to construction permits being
issued.
g. Section 2.310.06.G - Sanitary Sewers. Sanitary sewer shall be installed to serve the
subdivision and to connect the subdivision to existing mains both on and off the property being
subdivided.
FINDINGS: The intent of this provision is to protect the public water supplies from failing
on-site septic systems and ensure the efficient use of urban land, since homes constructed on
lots that can connect to a municipal sanitary sewer system require less land than homes
constructed on lots with private on-site septic systems.
The Public Works Department submitted comments addressing this criterion. The intent of
this provision is to ensure that the new development will be served by sanitary sewer. As
part of the application a master sanitary sewer plan was submitted for review. This plan
shows the existing sanitary sewer lines that are either within Area C, or immediately
adjacent to Area C and it shows the location of sanitary sewer lines that will need to be
constructed to serve the future development of Area C. This plan shows there is a 8
inch sanitary sewer line located in Lockhaven Drive; and 8 inch sewer line located in the
McLeod Lane right of way; and, a 8 inch sanitary sewer line located in Chemawa Road.
An 8 inch sanitary line is proposed to be located in the extension of McLeod Lane.
Public Works commented that the subject property is located within an area of Keizer
that requires additional sanitary sewer capacity to be able to complete the Sanitary Sewer
Master Plan. The Master Plan provides for an acreage fee to be assessed as the property
develops to provide for the required sewer trunk lines. The area to be assessed has been
determined to be 14.58 acres and is identified on Exhibit A attached to this report. The
current acreage fee is $7,460.00 per acre which would result in an assessment of
$108,766.80 payable at the time of issuance of public works construction permits.
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A Master Sewer Plan for the proposed development has been prepared which indicates
that all proposed development in Area C will be connected to the existing or relocated
public sanitary lines constructed to provide service to the area. The Master Plan shall
indicate how phasing of the abandonment of existing sanitary sewer lines will coincide
with the proposed new construction of sanitary sewer lines. City of Salem approval for
local sewers is required. Permits from the City of Salem shall be issued prior to
construction. Prior to submitting plans to the City of Salem for approval, the developer’s
engineer shall submit plans to the City of Keizer for review and determination of
compliance with the City’s Master Sewer Plan for the area.
Connecting to existing sewers or new laterals that serve the general area will be the
responsibility of the property owner at the time of subdivision of the property or at
issuance of building permits. Appropriate easements will be required for any public or
private sewer lines located within the subject property if located outside platted right of
ways. Easements for any existing sanitary sewer lines remaining in use located on the
subject property will be required to be recorded in favor of the City of Keizer.
It will be the responsibility of the developer’s engineer to locate any existing wells
(including those on adjacent property) in the vicinity of the proposed new sanitary sewer
lines for the subject property. Any conflicts between existing wells and proposed
sanitary sewers shall be addressed by the developer prior to issuance of public works
construction permits. An improvement agreement or other acceptable form of guarantee
for all required construction shall be in place prior to construction permits being issued
for public sanitary sewer construction or final subdivision plat approval. With these
placed as conditions of approval will assure compliance.
h. Section 2.310.06.H - Water System. Water lines with valves and Fire District approved
fire hydrants serving the subdivision and connecting the subdivision to the City mains shall be
installed and operating prior to start of combustible construction. The design shall take into
account provisions for extension beyond the subdivision to adequately grid the City system and to
serve the area within which the development is located when the area is ultimately developed.
However, the developer will be responsible for water main sizes necessary to meet minimum fire
flow requirements per Uniform Fire Code. The City will not expect the developer to pay for the
extra pipe material cost of mains exceeding 8 inches in size.
FINDINGS: The proposed subdivision will require connection to the City’s water system. Public
Works commented that an overall water system plan shall be developed showing the required
changes to the existing system to bring the water mains, fire hydrants and individual services into
compliance with the City of Keizer Design and Construction Standards and shall be prepared
prior to submission of the subdivision plat. Appropriate easements for all public water mains
and a fire hydrant (if one is determined to be necessary) to serve the development will be
required. Any system development charges for water system improvements will be those in
place at the time of individual service connections. Final development plans shall be reviewed
by the Keizer Fire District with regard to access and adequate location of fire hydrants prior to
approval of any plans for the development. The location of all meters is to be approved by the
Keizer Water Department. With conditions of approval addressing these issues, the application
can comply with this criterion.
i. Section 2.310.06.I - Sidewalks. Sidewalks shall be installed along both sides of each
public street and in any pedestrian ways within the subdivision. The City may defer sidewalk
construction until the dwellings or structures fronting the sidewalk are constructed. Any
required off-site sidewalks (e.g., pedestrian walkways) or sidewalks fronting public property shall
not be deferred.
FINDINGS: The intent of this provision is to enhance the city’s pedestrian system in areas where it
is lacking. There is currently only a sidewalk along the frontage of the property with Lockhaven
Drive, none along the other streets. As required by this criterion, sidewalks must be installed along
the portion of each lot abutting streets adjacent to the subdivision. In the applicant’s written
statement the applicant indicates that he will be providing a sidewalk as part of the development of
the subdivision except where streets abut property not owned or controlled by the applicant. Such
streets not owned or controlled by the applicant shall be developed with ¾ street improvements.
Required sidewalks (those abutting property owned or controlled by the applicant) may be deferred
until the issuance of building permits. Staff finds this proposal satisfies this criterion.
j. Section 2.310.06.J - Street Lights. The installation of street lights is required at locations
determined to be appropriate by the City and shall be of a type required by City standards.
FINDINGS: Street lights are required within new subdivisions to ensure there is adequate lighting
for public safety. The subdivision plan does not indicate the placement of any street lights. With a
condition of approval requiring streetlights, the application can meet this criterion. A street lighting
district will be required to be formed to ensure ongoing maintenance and operation of the street
lights. Therefore, this proposal can satisfy this criterion.
k. Section 2.310.06.K - Street Signs. The installation of street name signs and traffic control
signs is required at locations determined to be appropriate by the city and shall be of a type
required by City standards. Each street sign shall display the one hundred block range. Street
signs shall be installed prior to obtaining building permits.
FINDINGS: With this as a requirement will assure compliance with this provision.
FINDINGS: The application can meet this criterion. This is addressed as a condition of
subdivision approval.
m. Section 2.310.06.M - Curb Cuts. Curb cuts and driveway installations, excluding
common drives, are not required of the subdivider, but if installed, shall be according to the City
standards.
FINDINGS: With this as a condition of approval, the application can comply with this criterion.
n. Section 2.310.06.N - Street Trees. Street tree planting is mandatory where a planting strip
is part of the street design. Plantings shall conform to Section 2.302.03(M).
FINDINGS: The intent of this provision is to allow for street trees to be planted along streets to
improve the streetscape appeal of the street. While no planting strip will be required the applicant
will still be required to plant streetscape trees along the frontage of each lot with each street.
Section 2.302.03.M requires spacing of one tree every 30 feet. The site plan and applicant
statement indicates that there will be one tree planted along the frontage of each lot. However, the
applicant must plant at least two street trees consistent with infill requirements along the frontage of
each lot within the subdivision, and adjacent to the sidewalk along the frontage of both streets.
With a condition of approval requiring street trees, this application can comply with this criterion.
o. Section 2.310.06.O - Grading & Fills. All grading which results in fills in excess of 3 feet
located within the identified building envelope on a subdivision lot or parcel must be engineered.
FINDINGS: Since the property is flat, there should be minimal placement of any fill prior to
construction of any commercial buildings or residential dwellings. It should be noted that in the
southwest corner of the site in the area where the apartment buildings are proposed to be located
that approximately 10 feet of fill appears to be placed. Staff is not able to understand the reason for
this amount of fill as it appears to be unnecessary. The ground elevation do not appear to warrant it
nor does it appear to be justified based on the impacts that raising the 3 story buildings an additional
10 feet might have on the nearby properties. If this amount is determined to be warranted it will be
a requirement that it be engineered to assure that it is able to allow for the development of the lot.
With this requirement placed as a condition of approval will assure compliance with this provision.
FINDINGS: The applicant has indicated that each of the lots will be developed with commercial
and multi-family development. Section 2.107.06 contains the Dimensional Standards for the MU
zone. These are:
(1) *****
(2) Multi-family development must comply with the density standard in Section 2.107.07.I
(3) Parcel size shall be adequate to contain all structures within the required yard
setbacks.
(4) Height of vertical mixed use development may exceed this limitation without a
concurrent variance and maximum height will be determined during master plan
process.
FINDINGS: As is evident from review of the submitted Master Plan for Area C and its
exhibits, each of the buildings shown on the proposed Master Plan within the MU zone
complies with these standards. Also, there is no minimum average width or average
depth standards. These lots all appear to be adequate in size to contain all structures and
maintained the required yard. This complies with the minimum density requirements of
this section of the code.
FINDINGS: As previously discussed, public sewer and water are available and will be extended
to serve the newly created lots within the proposed subdivision and the applicant will be responsible
for complying with the applicable conditions governing the construction and installation of these
facilities. With this placed as a condition of approval, this application can comply with this
criterion.
FINDINGS: The City has a legitimate governmental interest in assuring the development does
not cause a public problem of inadequate, unsafe and inefficient public transportation facilities.
This is done by ensuring that adequate streets that logically continue the City's street system are
provided in order to avoid traffic generation that exceeds the street system's carrying capacity,
which then causes dangerous or hazardous traffic conditions. The conditions requiring the
applicant to make particular street improvements or dedications address that public interest by
improving the adjacent streets.
The applicant proposes a 9-lot subdivision. The Keizer Development Code requires that new
development make road improvements to bring their road frontage up to the road classification
and construction standards. The legislative adoption of the street standards require road
improvements and the road construction to be provided by the development as it occurs in
proportion to its impacts. The occupants of the subdivision will utilize road systems constructed
by other developments at no cost to them or the applicant.
The functional classification of streets system is based on the cumulative traffic impacts from the
development of properties in the area which will use the street. Lockhaven Drive, McLeod lane,
and Chemawa Road are each classified as arterial streets. Functional classification is established
in order to ensure that the streets have adequate carrying capacity for the traffic which will utilize
it to avoid traffic generation that would cause dangerous or hazardous traffic conditions. The
proposed development will generate additional vehicle trips per day that will contribute to the
cumulative traffic impacts on the area. Lockhaven Drive is an improved public street along the
frontage of the applicant’s property it has been determined that no improvements along the
frontage of the applicant’s property will be required. Chemawa Road and McLeod Lane each
have been identified as requiring the some dedication and improvement will be needed. The
applicant will also be required to provide for the design and construction of the McLeod Lane
extension from Chemawa Road to Ridge Drive except as provided below. The applicant shall be
required to dedicate and improve to the city’s specifications all required roadways on land it
owns or controls. For required road improvements abutting land the applicant does not own or
control, the applicant will be required to dedicate land necessary for and to construct ¾ street
improvements to city standards. . No additional dedication will be required.
The City of Keizer has traditionally required developers to dedicate property for and construct
standard street, sidewalk, sanitary sewer, storm drain and water supply improvements in
subdivisions to meet the basic needs created by the development. The absence of the required street
improvements would be cause for denial of the application on the basis that adequate street facilities
are not available to serve the site. These traditional street improvements have been imposed to
avoid excessive congestion, negative safety impacts and provide basic services to preserve the
health of the community and the residents of the proposed development. Such street improvements
and dedications are now, and have traditionally been, part of the cost considered in the developer's
reasonable investment-backed expectations for constructing the subdivision. The proposed
improvements including the ¾ street improvements on land abutting property the applicant does not
own or control will provide a reasonable, safe and adequate accommodation of anticipated traffic
without imposing inappropriate burdens. Construction shall be to City of Keizer Street standards.
SUBDIVISION :
The Public Works Department understands that a subdivision of the subject property will
be necessary to provide for parcel sizes and shapes that are needed for the proposed
development south of Lockhaven Drive and east and west of Chemawa Road.
Subdivision of the subject property will require appropriate improvement agreements to
provide for the necessary public infrastructure to serve the area. Requirements below are
the minimum requirements that are necessary for development of Area C in Keizer
Station.
The plan submitted will require the vacation of public street rights of way and the
abandonment of existing sanitary sewer lines. The developer shall submit a process for
accomplishing the required vacationing of rights of way and sewer abandonment prior to
any plat recording.
SANITARY SEWERS:
The subject property is located within an area of Keizer that requires additional sanitary
sewer capacity to be able to complete the Sanitary Sewer Master Plan. The Master Plan
provides for an acreage fee to be assessed as the property develops to provide for the
required sewer trunk lines. The area to be assessed has been determined to be 14.58 acres
and is identified on Exhibit A attached to this report. The current acreage fee is
$7,460.00 per acre which would result in an assessment of $108,766.80 payable at the
time of issuance of public works construction permits.
1. A Master Sewer Plan for the proposed development has been prepared which
indicates that all proposed development in Area C will be connected to the existing or
relocated public sanitary lines constructed to provide service to the area. The Master
Plan shall indicate how phasing of the abandonment of existing sanitary sewer lines
will coincide with the proposed new construction of sanitary sewer lines.
2. City of Salem approval for local sewers is required. Permits from the City of
Salem shall be issued prior to construction. Prior to submitting plans to the City of
Salem for approval, the developer’s engineer shall submit plans to the City of Keizer
for review and determination of compliance with the City’s Master Sewer Plan for the
area.
3. Connecting to existing sewers or new laterals that serve the general area will be the
responsibility of the property owner at the time of subdivision of the property or at
issuance of building permits.
4. Appropriate easements will be required for any public or private sewer lines located
within the subject property if located outside platted right of ways.
5 It will be the responsibility of the developer’s engineer to locate any existing wells
(including those on adjacent property) in the vicinity of the proposed new sanitary
sewer lines for the subject property. Any conflicts between existing wells and
proposed sanitary sewers shall be addressed by the developer prior to issuance of
public works construction permits.
6. Easements for any existing sanitary sewer lines remaining in use located on the
subject property will be required to be recorded in favor of the City of Keizer.
WATER SYSTEM:
8. A Master Water System Plan needs to be developed for the subject property showing
proposed routes of public water mains, fire hydrants and individual services
acceptable to the department of public works. The proposed water mains indicated on
the application are not acceptable to the department of public works. Prior to
submittal of final construction plans the developer’s engineer shall arrange for a pre-
design conference to discuss water main sizing, meter sizing and locations, fire
hydrant locations, fire sprinkler line locations and easement width for all public lines
located outside of proposed right of ways. The City of Keizer has developed and
adopted a Master Water Plan for the City and the proposed rerouting of water mains
in Area C will require an analysis of the water flows in the system. It will be the
responsibility of the developer of Area C to reimburse the City for costs associated
with re-modeling the water system to determine if the model can be modified to
provide acceptable flows. Final location of all meters and fire hydrants shall be
approved by the Keizer Department of Public Works. Appropriate easements for all
public water mains and fire hydrants will be required if construction is to be outside
of public right of ways. Any system development charges for water system
improvements will be those in place at the time of individual service connections.
9. Final development plans shall be reviewed by the Keizer Fire District and the City of
Keizer Department of Public Works with regard to access and adequate location of
fire hydrants prior to any issuance of public works construction permits by the City of
Keizer.
10. It will be the responsibility of the developer to identify and abandon all existing
wells prior to site grading in accordance with the rules of the Oregon State Water
Resources Department unless the City has determined that water rights are
available in some cases that could be transferred to municipal use by the city. The
Developer shall submit to the Public Works Department a summary of their
findings of existing wells.
13. Storm Drainage Master Plan is required for the proposed development that includes
all of Area C. The Master Plan shall include engineering calculations that provide for
acceptable on-site disposal of the anticipated increase in storm water runoff. The
existing stormdrainage system in Lockhaven Drive is determined to be a critical
basin. Area C-1 and C-2 shall be analyzed and developed by the applicant such that there is
no increase in runoff beyond the baseline predeveloped condition for storm events up to
and including the design frequency storm event in Keizer’s critical basin standards (the 100-
year event requirement). Area C-3 shall be developed either to the critical basin standards if
runoff is conveyed to the critical basin, or if it is designed to convey runoff to a drainage
basin which is not a critical basin, then it shall meet Keizer’s commercial standards of no
increase in runoff beyond the baseline predeveloped condition for the basin to which it
drains.
14. Storm water detention and low impact development design will be required for all
areas in Keizer Station, Area C. All storm water including roof drains are to be
connected to an approved system designed to provide adequate drainage for proposed
new driveways, parking lots and other impervious surfaces. Where on-site detention
is planned, adequate covenant, conditions and restrictions (CCR) shall be recorded to
alert future owners/developers that detention and/or treatment shall be required to be
constructed to the standards in effect at the time of building permit application.
15. A grading and drainage plan shall be developed for the subject property including
proposed lot corner elevations. The applicant shall develop design alternatives for Area C-
3 that lower the proposed ground elevations such that they shall not exceed the existing
ground elevations by more than six (6) feet, and shall provide appropriate grading to
accommodate vehicle and pedestrian access to the property immideatly adjacent to the
west of the multi-family residential area of the proposal. The applicant shall demonstrate
to the City how the fill can be accomplished without negative impacts to the adjacent
properties.
16. A phasing plan shall be submitted to indicate how the storm water management
plan will be developed to provide service to each area if the development is
proposed to be develop in phases.
17. The developer shall submit to the Department of Public Works a master
plan for erosion control for the entire site prior to any site development. The
plan shall be approved by the Department of Public Works. Prior to any
development, including site grading, the applicant shall obtain an NPDES permit
from the Oregon Department of Environmental Quality and submit a copy of the
approved plan to the City of Keizer Department of Public Works.
18. Easements for any existing or proposed storm drain lines within the subject
property will be required if not located within public right of ways.
19. An improvement agreement or other acceptable form of guarantee for all required
storm drainage construction shall be in place prior to construction permits being
issued.
TRANSPORTATION:
20. The city public works staff review of the proposal indicates the development will
generate in excess of 250 vehicles trips per day. A Traffic Impact Analysis (TIA)
for the subject property has been prepared by Kittelson & Associates, Inc. dated
October 2010 to provide information regarding the anticipated increase in overall
traffic in the area and methods to mitigate for the anticipated increases. The
analysis has been reviewed by the City’s Traffic Engineering Consultant and can
be accepted and approved per the most recent site plan submitted to theCity public
Works Department as of February 2, 2011. A condition is imposed requiring
conformity with the recommendations in the TIA. A queuing analysis and
progression analysis has been submitted and approved by the City which
establishes traffic movements in the area will meet established criteria at build-out
of Area C.
21. The proposed Site Plan as revised and submitted to the City Public Works
Department February 2, 2011 indicates a number of “on-site” features; “right-in only,”
intersection improvements including traffic control, traffic signals and modifications. Full
street improvements will be required on McLeod Lane between Lockhaven Drive and
Chemawa Road including continuous curbs and sidewalks on the northeasterly side of
McLeod Ln. Street improvement along the southwesterly side of McLeod Ln between
Lockhaven Dr and Chemawa Rd should include the required traffic lanes per the TIA and
will require construction during the first development activity for Area C. Additionally,
off-site improvements will be required which will require a financing plan to be in place
prior to any development in Area C. All new intersections shall be designed to the
standards of the City of Keizer Department of Public Works under the standard
construction permit process. All signalization shall be designed to City of Salem
standards and reviewed by the City of Salem for required operations, maintenance and
materials. Conduits for signal interconnects and required fibre optics cables and junction
boxes to existing and proposed controller cabinets will be required between the three
major intersections (Lockhaven/McLeod, Lockhaven/Chemawa Road and Chemawa
Road/McLeod). The portion of Mcleod Lane east of Chemawa Road shall be constructed
to Collector Street Standards. Appropriate right of way dedication for necessary
construction of the above accesses will be determined during the design phase of the
proposed new streets. The intersection of McLeod Lane at Chemawa Road as shown on
the revised site plan submitted to the City Public Works Department date February 2,
2011 meets required alignment criteria per city standards.
22. Street construction improvement plans shall include undergrounding of all existing
and proposed electrical power lines. The developer will be required to submit a street
light plan for all streets immediately adjacent to the development to a standard approved
by the Department of Public Works. The required street light system shall be constructed
by the developer during the street construction for the development.
23. The Developers engineer shall provide an analysis of available sight distance at
the proposed intersection of McLeod Lane and Ridge Drive. It appears that
existing trees along the north line of the existing home on Ridge Drive will
present a vision obstruction for vehicles entering and exiting the access to the
home.
GENERAL:
24. Construction permits are required by the Department of Public Works prior to
any facility construction or site grading, including preparation for development.
25. A Pre-design meeting with the City of Keizer Department of Public Works will be
required prior to the Developer's Engineer submitting plans to either the city of
Keizer or the City of Salem for review.
26. Street opening permits are required for any work within the City right of
way that is not covered by a Construction Permit.
27 Facility phasing plans and arrangements for reimbursing developers for providing
additional capacity to serve future development shall be approved by the Keizer
Department of Public Works and the City Council.
DESIGN:
31 All dimensional requirements for building heights, lots, and building setbacks shall be
met as specified in Section 2.107 and 2.109 KDC.
32. Street trees shall be planted with 30-foot spacing using a variety approved by the City
of Keizer. A minimum caliper of 2 inches shall be used for street trees and an 8 feet or
taller for evergreens near pathways, walkways and streets. A final street tree planting
plan shall be approved by the Community Development Director prior to planting. All
the other landscaping standards of the KDC shall be met.
33. Ground cover and shrubbery shall be planted in conformity with the KDC and industry
standards as approved by the Community Development Director, and shall reach full
coverage by the third year of growth.
34 Parking areas shall be provided and shall comply with design requirements outlined in
Section 2.303 KDC. A design exception is allowed to accommodate low impact
development with the aggregation of planter areas for storm water infiltration.
Verification shall be provided during building permit review.
Page 116 of 122
STAFF REPORT TO CITY COUNCIL
36 All driveway, loading, and parking areas shall be paved as required in Section 2.303
KDC.
37 A tree shall be planted for every eight lineal parking spaces in accordance with KDC
standards or as shown on the master plan. A design exception is allowed to
accommodate low impact development with the aggregation of planter areas for
storm water infiltration. This exception shall meet the intent of the KDC.
38 A minimum of 10% of the gross land area shall be devoted to landscaping. To provide
for adequate vision clearance the landscaping material shall be selected to provide for
the maintenance of adequate site distance as specified in Section 2.309 and if
necessary additional clear vision area shall be provided at driveway intersections.
39 Buffering shall be provided in a manner which is consistent with the proposed master
plan. Electric and mechanical equipment shall be screened with vegetation and/or
fencing. The “berm” area located to the west of the LFS does not currently provide
adequate buffering to mitigate the visual impact of the LFS. Therefore, a revised
landscaping plan for the “berm” area must be submitted to and approved by the
Community Development Director. The plan shall provide additional landscaping
elements including but not limited to evergreen trees and hedges in order to provide a
more complete visual barrier to mitigate the impact of the LFS. If area identified as
being the bermed area is to be included as part of the storm drainage system then
buffering will be required adjacent to the storm drainage area.
40 All landscaped areas, including street islands shall be irrigated. Irrigation system
plans shall be submitted for approval as part of the building permit review process.
Approved irrigation systems shall be installed prior to issuance of an occupancy
permit.
41 The applicant shall grant an easement to the city for a 10 12 foot wide paved multi-
use pedestrian / bicycle connection in the vacated portion of Ridge Drive. Applicant
shall be responsible for construction of this path as part of the public improvements.
43 Pedestrian walkways must be lighted to a level where the system can be used at night
by employees and customers.
44 The proposed site lighting be shielded to direct light away from adjacent residential
properties. Lights features for pedestrian walkways shall be low in height.
45 Building design elements including ground floor windows, facades, awnings and
materials shall satisfy Section 2.315.08 KDC.
46 The elevations of all buildings, except for those granted an Alternative Design
Solution, shall be varied in texture, building materials and shall create a very human
scale in blocking and incorporate human scale design elements. Elevations of all
buildings shall incorporate no more than fifteen feet between varied vertical elements
(such as scoring, patterns and textures), punctuated frequently with various
architectural features (such as columns, projections, and differing planes). A variety
of materials, varied at the same frequency as the architectural elements, shall be used
with no single material being used more than 50% of the building facade. The colors
used shall be in compliance with the Development Standards. The materials shall be
consistent with those used in Area A.
47 Final building designs for commercial uses shall conform with the design concepts
submitted with this application, and shall be reviewed by the Community
Development Director for compliance with this application / applicable design
standards in Section 2.315 KDC as part of the building permit review.
49 Construction specifications (e.g., base rock, pavement thickness) for the separate
pathway shall be subject to Public Works Department approval in accordance with
Keizer City Standards.
52 A sight obscuring wall shall be constructed of Concrete Masonry Units to the rear of
the larger format store as indicated in the application submittal.
53 One hundred additional trees shall be planted in Area C to replace the trees that were
removed. These shall be in addition to the trees that are shown on the landscaping
plan along streets, parking lots and perimeter of the site. An alternative to planting
these trees can be to provide funding into the city’s tree replacement program.
54. Keizer Development Code has two “concurrency” requirements that must be met to
allow construction of the proposed Larger Format Store. The first requirement is that
non-retail/non-single family home uses in the master plan area have a total square
footage of at least 25% of the gross leasable area of the Larger Format Store. KDC
2.107.05(D)(1). The second requirement is that Larger Format Stores in excess of
80,000 square feet must be accompanied by construction of vertical mixed use
development. For each square foot of vertical mixed use development, the Larger
Format Store can be increased over 80,000 square feet by an equivalent amount.
KDC 2.107.05(D)(2).
a. The applicant shall apply for all necessary building permits for required mixed use
development prior to or simultaneously with the application for building permits for
the Larger Format Store. The required mixed use development property must be
owned by the applicant at the time of building permit application.
b. The applicant shall receive the necessary building permits for the required mixed use
development prior to or simultaneously with the necessary building permits for the
Larger Format Store. The building permits for the Larger Format Store shall not be
issued unless the building permits for the required mixed use development have been
granted.
c. Subject to the alternative noted below, all certificates of occupancy for the required
mixed use development shall be issued prior to or simultaneously with the certificate
of occupancy for the Larger Format Store. The certificate of occupancy for the
Larger Format Store shall not be issued unless the certificate of occupancy for the
required mixed use development has been granted.
1. The applicant shall convey to the City all property designated as the required
mixed use development seeking deferral (“Mixed Use Property”). The Mixed
Use Property shall be conveyed free and clear of all encumbrances except for
2. Simultaneously, the City shall grant to applicant an option to purchase for the
Mixed Use Property.
3. The option shall be for four (4) years. The applicant shall be entitled to
exercise the option and close on the Mixed Use Property upon payment of any
and all title, escrow and closing costs. Applicant must provide evidence of
either irrevocable financing to construct the required mixed use development,
or sufficient bonding to provide for such construction. The agreement shall
require forfeiture of the Mixed Use Property to the City if the construction
does not take place within two (2) years of conveyance of the Mixed Use
Property to applicant.
4. Should applicant not exercise the option within the option period and/or fail to
provide evidence of irrevocable financing or bonding, the option shall
terminate and all applicant’s rights in and to the option and the Mixed Use
Property shall be extinguished.
5. The terms of the option agreement and other agreements shall be approved by
the City Attorney, and if required by law, the City Council.
55. Limit any outdoor display or storage of merchandise to the area adjacent to
building(s).
56. An additional entryway feature shall be provided on the southeast corner of Chemawa
Road / Lockhaven Drive intersection to reflect that shown on the southwest corner in
order to provide a gateway.
57. Replace deceased trees along the streets an on-site within 45 days.
58. The medical center shall be shifted an additional 8 feet to the east thereby
resulting in an approximate 30 setback from the street.
59. Additional evergreen trees shall be planted along the street frontage of the
medical center to provide additional buffer to the building.
SUBDIVISION CONDITIONS
Prior to Preliminary Plat Approval:
5760. A detailed preliminary subdivision plat shall be submitted to the Marion County
Surveyor’s office for review. Marion County Surveyor’s office will then submit the
plat to Keizer for review and approval. The Preliminary Plat must be submitted for
review prior to submittal of a final plat. This shall also include the property involved
in the lot line application.
a. A checking fee and second Mylar fee is required.
b. A current or updated title report must be submitted at the time of review.
Title reports shall be no less than 15 days old at the time of approval of the
plat by the Surveyor’s Office, which may require additional updated reports.
c. Subdivision name must be approved per Oregon Revised Statue 92.090.
d. Must be surveyed and platted per Oregon Revised Statue 92.050.
e. Per Oregon Revised Statue 92.065 remaining monumentation bond may be
required if some of the plat monuments have not been set and/or the
installation of street and utility improvements has not been completed, or
other conditions or circumstances cause the delay (or resetting) of
monumentation.
58.61.All existing wells on the subject property shall be abandoned. Any existing
neighboring well conflicts with proposed sanitary sewers shall be reported to the
department of Public Works and a method for resolving the conflict shall be
determined prior to the construction of any sanitary sewers on the subject property.
A copy of a well abandonment permit from the State Water Resources Department
indicating completion of the abandonment of all wells on the property shall be
submitted to the Public Works Department.
5962Upon approval of the detailed preliminary plat and engineering plans, a final
plat for the subdivision, which conforms to the preliminary plat approval, must be
submitted for review to Marion County Surveyor’s Office.
6059 63No building permits shall be issued until the plat is recorded and all
conditions of any construction permits are completed to the satisfaction of the
Department of Public Works.
Prior to Obtaining Building Permit Final for each dwelling within the Subdivision:
62 65. No building permits shall be issued until the plat is recorded, street addresses
have been assigned, and all conditions of any construction permits are completed to
the satisfaction of the Department of Public Works.
6266Sanitary sewer permits must be received and/or sewer taps and system
development charges must be paid due and payable to the City of Salem.
PARCEL 'C-2a'
SITE AREA : 117,485 S.F. ( 2.70 ACRES ) SITE COVERAGE 11.7%
PARCEL 'C-2b'
SITE AREA : 61,933 S.F. ( 1.42 ACRES ) SITE COVERAGE 19.8%
PARCEL 'C-2c'
SITE AREA : 557,746 S.F. ( 12.80 ACRES ) SITE COVERAGE 20.8%
PARKING
BUILDING REQUIREMENT AREA
BLDG. '2' :
FIRST FLOOR : (1/300) 12,500 S.F.
SECOND FLOOR : (1/350) 12,500 S.F.
THIRD FLOOR : (1/300) 12,500 S.F.
37,500 S.F.
PARKING
BUILDING REQUIREMENT AREA
BLDG. '2' :
FIRST FLOOR : (1/300) 12,500 S.F.
SECOND FLOOR : (1/350) 12,500 S.F.
THIRD FLOOR : (1/300) 12,500 S.F.
37,500 S.F.
PARCEL 'C-2a'
SITE AREA : 117,485 S.F. ( 2.70 ACRES ) SITE COVERAGE 11.7%
PARKING
BUILDING REQUIREMENT AREA
PARCEL 'C-2b'
SITE AREA : 61,933 S.F. ( 1.42 ACRES ) SITE COVERAGE 19.8%
PARKING
BUILDING REQUIREMENT AREA
PARCEL 'C-2c'
SITE AREA : 557,746 S.F. ( 12.80 ACRES ) SITE COVERAGE 20.8%
PARKING
BUILDING REQUIREMENT AREA
PARKING
BUILDING REQUIREMENT AREA
PARKING
BUILDING REQUIREMENT AREA
Re: Responsive Information Area C Master Plan (2010-016) and Area C Subdivision
(2010-018)
This letter is designed to respond to issues raised in the staff report and by opponents of
the proposed Area C Master Plan and separate subdivision request. We note that many of the
issues were not identified as referring specifically to the master plan request or the subdivision
request. Accordingly, as a precaution, please include this letter and its attachments in the record
of both the Area C Master Plan request and the Area C subdivision request.
At the conclusion of the public hearing, the applicant took a hard look at the comments of
staff, opponents, and agencies to see what project adjustments could be made to address
concerns. The idea was to address as many concerns as reasonably possible while leaving the
proposed site plan and subdivision fundamentally intact. By way of example, concerns were
raised about the two 5 story towers in Area C-1 being too tall for the area (by citizens); about
there being too much residential use proposed (from the school district); and requesting the
Chemawa/McLeod intersection be realigned (city staff). The revised submitted plans deal with
all these and other issues that were raised either by staff or other commentators.
Retailers
The applicant understands that some people express a preference for one retailer or
another, but this is not relevant to the approval standards at issue nor should it be. In this regard,
some opponents objected to the proposed Larger Format Store (LFS) simply because of its size --
proposed to be 116,000 square feet -- expressing preference for ten (10) 10,000 square foot store
fronts. With respect, the political decision to allow larger stores in Keizer and specifically in the
KSP has been made and is established in the city code. That political decision is a smart one that
provides Keizer with flexibility to attract the best retailers it possibly can to serve its citizens in
any given market conditions. The project developers have gone to significant effort to attract a
January 31, 2011
Page 2
variety of retailers including the stated hoped-for higher end stores and smaller boutiques.
However, the city and indeed the area demographics as reviewed previously, at this time and as
projects in the reasonably foreseeable retailing future, simply do not attract the interest of higher
end retailers.
The idea advanced at the hearing that Keizer has not attracted higher end retailers
because those retailers are looking at the wrong zip code is, with all due respect, wrong in the
extreme and betrays a significant misperception of the sophistication of the retailing industry.
Before retailers ever decide to establish themselves in any location they know their demographic
service area in unimaginable detail. You should also know that there is nothing magical about
small stores producing a particular kind of retailer. Whole Foods Market includes a 71,000
square foot store in New York and an 80,000 square foot store in California for example. On the
other hand, according to the Web, The Dollar Tree stores have determined “that the optimal size
of its stores is between 8,000 and 10,000 sq. ft. and have focused expansion construction on
stores that have less than 6,000 sq. ft. of selling area.”
Attached please find the response and attachments from Kittelson & Associates
addressing the concerns expressed by the above individuals. As is evidenced from the Kittelson
materials, the objectors are mistaken. All issues of concern have been reviewed and the analyses
establish that the transportation system will function safely and adequately under the proposal
with the TIA recommended mitigation strategies in place.
Intersection Alignment
Staff expressed concern about the proposed McLeod and Chemawa Road intersection
alignment and asked that it be adjusted. The plans submitted under separate cover by the
architects respond to that concern and show an intersection alignment the applicant understands
is acceptable to city staff. Please note that the realignment requested by staff requires a ¾ street
improvement at the frontage of property that the applicant does not own or control and which
property is outside the Master Plan area. The revised plans submitted by the architects directly
to city staff meet the applicant’s understanding of what staff requested.
The initial Master Plan included two five (5) story towers composted of vertical mixed
residential (60 units) and retail uses. Some of the nearby landowners objected to the height of
those proposed structures. The attached plans for Area C-1 eliminate those towers in favor of a
single three story structure composed of a mix of office and retail uses.
2
January 31, 2011
Page 3
The Salem-Keizer School District wrote to express concern that the proposal would add
31 students over projected capacity. As resolution of that issue, the district asked for certain
pedestrian and bicycle connections.
There are several important things to note about the district’s letter.
First and foremost, the district did not understand and, therefore, did not consider that 25
single family dwellings are planned to be and will be removed from Area C under the proposal.
Under the district’s methodology, single family dwellings statistically produce the most students.
Moreover, in response to concerns, the applicant completely eliminated the proposed 60 unit
residential development in the vertical mixed use buildings in Area C-1 in favor of a single
building composed of office and retail uses. Therefore, we understand these adjustments entirely
eliminate the district’s concerns because it reduces the statistical number of anticipated students
below the 31 students the district stated would put the district over capacity. To confirm the
applicant’s understanding in this regard, the undersigned contacted the district on Monday
January 24, 2011 to confirm with the author of the district letter the result of these reduced
residential impacts. In that phone call, the district did acknowledge that it did not previously
understand that SFDs would be removed and stated the numbers would be rerun under the
revised proposal assuming the removal of 25 SFDs as well as removal of the 60 multifamily
units in Area C-1. However, as of the writing of this letter, the district has not responded further
and the applicant must assume it has resolved the district’s issues. Specifically, under the
applicant’s understanding of the school district’s methodology shown in the below chart
(projecting from the most recent [2000-2005] averages for the McNary attendance area collected
by the district that the district forwarded), the applicant’s revised proposal removes 35.87
statistical students resulting in the statistical removal of 4.87 [5] students from the district’s
assumptions:
3
January 31, 2011
Page 4
Therefore, the proposal does not have any impact on the district in terms of adding
students and even at worst the proposal will not have any significant impact on the district or
adversely affect available school capacity.
Second, under ORS 195.110(13)(a)-(c), neither the proposed master plan nor the
subdivision proposal may be denied based on school capacity. As we read the Salem-Keizer
School District plan, it is not “formally adopted under [ORS 195.110]” because we understand
that the school plan predates that statute. Also, the city has not “considered options to address
school capacity” and indeed given the district spans Salem, Keizer and Marion County, the city
is not in a position to take unilateral action in this regard in any event. Also, to make Salem-
Keizer capacity a basis for denial would be the equivalent of a moratorium which is prohibited
under ORS 195.110(11).
Third, the transportation connections the district generally requested from residential
areas leading to schools, is essentially provided on the submitted plans. Area C-3 is now the
only area with any residential development and the plans for this area show roadways leading to
schools and other parts of the city having sidewalks and bike lanes that do not now exist. This is
a great improvement from the current transportation connections that now exist in and near Area
C-3.
The plans being submitted under separate cover by the architects, establish that all
buildings meet all design standards with the exception of the LFS. In that regard, only the LFS
requested or required approval of an Alternative Design Standard. In the staff report presented to
the planning commission, staff requested additional enhancements for the LFS to receive the
requested Alternative Design Solution. Revised elevations for the LFS are also being submitted
under separate cover by the architects and they establish additional windows and window like
features as requested by staff for the LFS. The applicant hopes that with the requested
adjustment, that the city will approve the Alternative Design Solution for the LFS.
Setbacks
In the planning commission report, staff indicated that certain proposed buildings did not
meet required setbacks. It was the applicant’s intention that the submitted plans show
compliance with all required setbacks. The architects are submitting revised plans under
separate cover establishing all required setbacks are met. The only caveat is that the setback for
Office 5, located on proposed Lot 2 must be increased to a 10’ setback to the ODOT property
line or the property lines adjusted to enable such required setback to be established. The
applicant understands that this must occur before Office 5 can receive a building permit and
accepts the staff suggestion of a condition of approval for the required 10’ property line setback.
4
January 31, 2011
Page 5
Design
The planning commission staff report indicated that most designs, but not all, had been
submitted and were recommended for approval as satisfying relevant standards. The staff report
indicated that for some buildings neither designs nor architectural typical had been provided. To
be clear about what is proposed and avoid any confusion, the applicant submits under separate
cover through its architects, the architectural typicals for those buildings where specific designs
were not supplied. Accordingly, we hope the city is in a position to review and approve the
proposed building designs and architectural typicals to determine all proposed buildings comply
with relevant design and development standards.
Opponents contended at the planning commission hearing that the proposal fails to
comply with the MU purpose statement. The city attorney correctly pointed out that the purpose
statement for the MU zone is not an independent approval criterion. Therefore the opponent
criticisms in this regard are irrelevant. However, it also bears pointing out that the opponents are
also wrong. The MU zone is designed to allow a mix of uses. The proposal includes a mix of
uses including a vertical mixed use proposal. The MU zone is also designed to foster
development types that support transit ridership. The proposal is across the street from Area B
where the new transit center is proposed to be located and the proposal provides significant new
connections as well as origin and destination ridership to support the new transit station facility.
The recent Area B city council decision has been placed into the record by city staff for the
review and information of decision makers. The proposal includes buffers. There are pathways
and pedestrian scale amenities proposed. In short, the city attorney is correct that the purpose
statement for the MU zone does not serve as an approval standard, but it is also the case that
even if the purpose statement were incorrectly applied as a standard, it is fully met by the
proposal.
Opponents contended that a LFS by its nature causes crime. This is illogical as well as
incorrect, as is borne out by information supplied by the city police and placed into this record by
staff.
Storm Water
Staff expressed concern about storm water in the public works comments on the proposal.
At the time of the submittal of this letter, a response to these concerns is still being reviewed by
the applicant’s experts. The applicant expects to have a proposal to present to the city in the next
few days and anticipates it will meet all relevant requirements.
5
January 31, 2011
Page 6
Wendie L. Kellington
Wendie L. Kellington
WLK:wlk
Enclosures
CC: Chuck Sides
Alan Roodhouse
Stephen Lippold
6
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McLEOD LN
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KEIZER STATION
CENTER SUBDIVISION
KEIZER, OREGON
AN APPLICATION FOR:
SUBDIVISION
TREE REMOVAL PLAN
APPLICANT:
E VILLAGE LLC
245 13TH STREET, NE
SALEM, OREGON 97301
PREPARED BY:
CARDNO WRG
5415 SW WESTGATE DRIVE, SUITE 100
PORTLAND, OR 97221
(503)419-2500
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TABLE OF CONTENTS
\
PROJECT TEAM ................................................................................................................................... 2
EXISTING CONDITIONS ...................................................................................................................... 3
PRELIMINARY SUBDIVISION REVIEW............................................................................................. 4
TRANSPORTATION AND OFF-SITE PUBLIC IMPROVEMENTS................................................... 4
PUBLIC INFRASTRUCTURE .............................................................................................................. 5
TREE PLAN ........................................................................................................................................... 6
THE KEIZER DEVELOPMENT CODE ................................................................................................ 7
2.302.03 TRANSPORTATION GENERAL PROVISIONS ............................................................................ 7
3.108.06 SUBDIVISION REVIEW CRITERIA ........................................................................................... 9
2.310.03 STANDARDS FOR LOTS OR PARCELS, LOT LINE ADJUSTMENT REQUIRED ........................... 10
2.310.04 ADDITIONAL DESIGN STANDARDS FOR SUBDIVISIONS ........................................................ 12
2.310.06 IMPROVEMENT REQUIREMENTS - SUBDIVISIONS ................................................................. 13
EXHIBITS
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PROJECT TEAM
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INTRODUCTIONS
This subdivision narrative supports the request tentative approval of a three (3) phased
subdivision for the Keizer Station Plan Area C. The applicant does not object to a condition of
subdivision tentative plat approval to the effect that any amendment of the approved tentative
plat, that is not of the type in “substantial conformity” to the approved tentative plat (ORS
92.090(3)(d)), shall be reviewed and approved by the city council (not the city hearings officer),
so long as it is clear that an amendment of the approved tentative plat is an independent action
and is not an amendment of the approved Master Plan. In this regard, the applicant also wishes
to note that its understanding both that the subdivision application is related to the Master Plan
application and that the subdivision application is a separate independent land use application
which will result in an independent land use decision from the Master Plan land use
decision. We further note our request and consent that the subdivision application be processed
in a consolidated proceeding with the Master Plan application for the convenience of the city, and
all parties.
EXISTING CONDITIONS
Located within the city limits of Keizer, Oregon, the subject area is approximately 28.23 acres in
size and is zoned Mixed Use and Commercial Retail. The proposed subdivision is comprised of
forty (40) tax lots, located in Section 36, Township 6 South, Range 3 West of the Willamette
Meridian. The subject area is located within Area C of the Keizer Station Master Plan area and is
bordered by Chemawa Road NE and Lockhaven Drive NE to the north, Ridge Drive NE to the
west, McLeod Lane NE (proposed) to the south and McLeod Lane NE and Chemawa Drive NE
the west. The easterly and southerly portions of the development site currently surface drain
northwest to Chemawa Road NE. The northwester portion of the site currently surface drain to
the Chemawa Road NE, NE Lockhaven Drive NE and McLeod Lane NE. There are existing
stormwater facilities along Chemawa Road NE and Lockhaven Drive NE.
Existing Lots 40
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PRELIMINARY SUBDIVISION REVIEW
The Applicant is requesting preliminary approval for a phased Subdivision that will result in nine
(9) lots and new right of way within the subject area. The Applicant is proposing three (3) phases
for the subdivision. Phase 1 will result in the dedication of right of way and the platting of four
(4) lots as summarized below:
Lot 1: 1.04 acres (45,192 square feet)
Lot 2: 1.26 acres (54,765 square feet)
Lot 3: 12.8 acres (557,688 square feet)
Lot 4: 1.47 acres (64,196 square feet)
ROW: 2.05 acres (89,142 square feet)
Phase 3 will include the creation of two (2) new lots as summarized below:
Lot 8: 4.37 acres (190,167 square feet)
Lot 9: 3.47 acres (151,140 square feet)
The Transportation Impact Analysis (TIA) included as Exhibit C was prepared by Kittelson &
Associates, it provides recommendations for transportation system capacity improvements
for the study year 2020. These improvements will require that certain adjacent streets and
roads be widened, signals added or upgraded, and certain streets realigned to accommodate
the increased traffic to and from the development and the regional traffic growth. The Public
Improvement Plan illustrates those road improvements for the year 2020 as well as
illustrating the improvements needed for the initial build-out of Keizer Station Village
Center. Some of the improvements needed for 2020, for economic reasons, may be best
constructed earlier rather than later.
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At the time of roadway designs, the road improvements will provide upgraded, and/or new,
street lighting and street trees. Sidewalks will be provided to allow pedestrians to travel
safely along the roadway system. Sidewalks and pathways will provide pedestrian
connections to the project site. The new multi-use pathway along the eastern boundary of the
project will provide a direct north-south pedestrian connection, new and improved sidewalks
along the street network will provide safe and efficient connections to specific areas
throughout the project site.
The TIA concluded that subject area (Area C) can be developed while maintaining acceptable
traffic operations and safety at the intersections in and around the site consistent with the
intergovernmental agreement between the Oregon Department of Transportation (ODOT) and the
City of Keizer. The following list summarizes the improvements that have been identified in the
TIA (Exhibit C) to accommodate the development and to provide for the projected increase in
vehicular trips to and from the developed site. As each lot develops and the corresponding
increase in traffic volume is known, specific improvements will be constructed to mitigate
impacts:
Chemawa Road Corridor: Five-lane section from Lockhaven to 400’ south of McLeod with raised
median. Two northbound right turn lanes at Lockhaven.
Chemawa Road / McLeod Lane Corridor: New signal with shared through/right-turn lane on east and
west McLeod approach.
Lockhaven / 14th Ave: Add a westbound right-turn lane on Lockhaven.
Lockhaven / River Road: Dual westbound left lanes, a single through lane and a single right lane.
Chemawa Road / I-5 NB Ramp: Provide dual eastbound left-turn lanes (and accompanying northbound
on-ramp lane widening).
PUBLIC INFRASTRUCTURE
The proposed subdivision includes specific improvements to public infrastructure, which
are designed to provide adequate urban level services to the site without placing a burden
on the existing public system. Please refer to the Utility Plans in Exhibit “A”, which
includes detailed plans for public facility improvements described below.
Water: The existing water line within Ridge Drive NE will be removed. A 12-inch water
line will be extended from Ridge Drive NE within the McLeod Lane NE, connecting in
with an existing water line located southeast of the McLeod/Lockhaven intersection. A
new 12-inch waterline will be extended from the McLeod/Chemawa intersection to an
existing line within Lockhaven Drive NE. Within the southwest quadrant of the project a
new 10-inch water line within a 20-foot easement will be extended southeast from
Chemawa Road NE, connecting back into the water line within McLeod Lane NE.
Within the Northwest quadrant of the project a new 10-inch water line within a 20-foot
easement will connect McLeod Lane NE and Chemawa Road NE.
Sanitary Sewer: This development will be served by connection to the existing 15-inch
sewer main at the intersection of existing Chemawa Road NE and the McLeod Lane NE.
An 8-inch public sewer main will be extended to the southeast within the McLeod Lane
NE connecting in with an existing sanitary line within Ridge Road NE. A new 8-inch
sanitary sewer line will be extended within an 10-foot wide easement from Chemawa
Road NE south and then west connecting back into a new 8-inch line that will be
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extended southwest within the Chemawa Road NE ROW. The public sewer will be
designed to meet current City of Keizer design standards. All private sewer services will
be designed to Uniform Plumbing Specialty Code.
Storm Water: This development will construct public storm drainage facilities with the
public roadway system to collect and convey runoff from the development. The project
site has been delineated into ten (10) basins to facilitate stormwater collection and
conveyance to appropriate treatment facilities. The project will utilize a mixture of low
impact design (LID) stormwater facilities and mechanical facilities to treat stormwater
generated within the project boundary and new roadways. To the maximum extent
practical LID techniques will be utilized, however in some instances existing grade,
existing facilities and proposed development will necessitate the use of mechanical
treatment. Water quality structures in the public roadway system will be provided in
accordance with city standards. Each private lot will provide water quality treatment and
detention of its storm water runoff. All private storm drainage facilities will be designed
to meet the Uniform Plumbing Specialty Code, and City of Keizer design standards. All
public storm drainage facilities will be designed to meet City of Keizer standards,
facilities that will serve or be located within ODOT ROW will be designed to ODOT
standards.
TREE PLAN
A Tree Plan was prepared for the subject area which is included as sheet C1.1 of Exhibit A. All
trees and vegetation that fall within the site boundaries have been evaluated through on-site
field observation for their approximate location, quantity, size, and if feasible, incorporated
into the new site landscape development. Due to the site layout of proposed roadways,
building locations, grading, and overall site development, coupled with the observable
condition and/or hazard potential, most trees will need to be removed. Removal of existing
significant trees shall meet the requirements of Keizer Development Code (KDC) 2.309.04
b.7 and Tree Preservation Ordinance 95-332. Current KDC regarding tree replacement
mitigation requires a ratio of two new trees for every one tree removed. The Landscape
Master Plan development for Keizer Station reflects a proposed ratio of 7.7 new trees for
every one tree removed.
RIGHT-OF-WAY VACATION
Portions of Chemawa Road and portions of Ridge Drive, as well as all of St Croix Road will
need to be vacated in order to facilitate the proposed land division. The request for these road
vacations have been submitted under separate cover to the City. The applicant understands
that these road vacations will likely be processed separately and in any case, will need to be
approved by City Council. The applicant does not object to condition of approval being
placed on the tentative plat that requires formal vacation of these right-of-ways prior to final
plat approval. Also, we do not object to the City processing this independent request along
with the Master Plan and Subdivision applications with the understanding that each (Master
Plan, Subdivision, road/right of way vacations) are a separate request for Council action and
approval that will result in separate and independent Council orders. The specific request for
vacation of these right-of-ways has been submitted under separate cover for consideration.
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THE KEIZER DEVELOPMENT CODE
2.302.03 TRANSPORTATION GENERAL PROVISIONS
B. Continuation of Streets. Development proposals, including subdivisions
and partitions, shall provide for the continuation of, and connection to,
streets where necessary to promote appropriate traffic circulation in the
vicinity of the development. Where necessary to give access or permit a
satisfactory future division of adjoining land, streets and utilities shall
be extended to property boundaries to allow the future extension of
streets and infrastructure. A temporary turnaround shall be constructed
for stub streets in excess of 150 feet in length. (01/02)
Response: All new and realigned intersections meet City of Keizer standards, no
offset “T” intersections area proposed.
Response: McLeod Lane NE connects into Ridge Drive NE, no turnarounds are
proposed or necessary.
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less than 35 feet. Other street intersections shall have curb radii of not
less than 20 feet. (5/98)
Response: The roadway improvements have been prepared consistent with these
requirements, see sheet EX-2 in Exhibit A for more detail on road design
and radii for each intersection and roadway.
Response: The Applicant is dedicating ROW along Chemawa Road NE and McLeod
Lane NE to accommodate improvements identified in the attached TIA
(Exhibit C).
Response: The Applicant is dedicating ROW along Chemawa Road NE and McLeod
Lane NE to accommodate improvements identified in the attached TIA
(Exhibit C).
Response: The extension of McLeod Lane NE does not exceed 15 percent, see
sheet EX-2 in Exhibit A for more detail on road design and radii for each
intersection and roadway.
Response: The existing and proposed transportation provide for the full build out of
the subject area, no additional frontage roads are proposed or necessary
to support the full build-out of the area.
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L. Alleys. Alleys shall be provided in commercial and industrial zones
unless other permanent provisions for access to off-street parking and
loading facilities are provided. The corners of alley intersections shall
have radii of not less than 10 feet. (5/98)
Response: Provisions for access to off-street parking and loading facilities will be
determined as each individual lot develops. No alleys are proposed or
required to allow for future development of the site as each lot has
adequate width and depth to accommodate future access.
Response: Sheet L1 of Exhibit A details the proposed street landscaping with the
existing and proposed right-of-way. Streetscapes include five (5) foot
wide planter strips with trees planted 30 feet on center along the
corridors.
Response: Attached as Exhibit C is the TIA that was prepared by Kittelson and
Associates. The TIA identifies improvements necessary to ensure that
access, circulation and safety of the surrounding transportation system is
maintained as the subject area develops. Specific transportation
improvements will be completed as necessary as each lot develops.
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Response: No variance is requested. Neither the Mixed Use nor Commercial Retail
zone has a minimum lot size, average width or depth requirement. The
proposed lots meet this criterion.
C. Adequate public facilities shall be available and shall serve the existing and
newly created parcels. (2/01)
Response: The existing and proposed facilities provide adequate capacity to serve
the proposed nine (9) lots. Exhibit C provides a TIA that demonstrates the
proposed transportation system will have adequate capacity to serve the
proposed lots. Each proposed lot has access to public water and sanitary
sewer service as detailed in Sheets C3.0 and C4.0 if Exhibit A. The
existing system coupled with proposed improvements that are consistent
with the City’s adopted master plans ensure that adequate capacity exists
to serve each proposed lot. Furthermore, the needs of each individual lot
will be determined as each lot is reviewed by City staff and developed by
each user. The requested subdivision meets this criterion.
D. D. Rough Proportionality. Improvements or dedications required as a
condition of development approval, when not voluntarily accepted by the
applicant, shall be roughly proportional to the impact of development.
Findings in the development approval shall indicate how the required
improvements or dedications are roughly proportional to the impact.
(01/02)
Response: The Applicant understand this provision of the City’s code and has
detailed all of the proposed public improvements within the narrative
portion of this request and has visually depicted those improvements
within the Plan Set attached as Exhibit A.
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D. Access. All lots and parcels created after the effective date of this
Ordinance shall provide a minimum frontage, on an existing or proposed
public street, equal to the minimum lot width required by the underlying
zone. The following exceptions shall apply: (5/98)
Response: There is no minimum lot width identified in either the Commercial Retail or
the Mixed Use Zone. Proposed lot 2 is permitted as a flag lot as permitted
in 2.310.03, E. Aside from lot 2, each proposed lot has at least seventy-
five (75) feet of frontage on a public street. The proposed lots meet this
requirement.
E. Flag Lots. Flag lots shall only be permitted if it is the only reasonable method
by which the rear portion of a lot being unusually deep or having an unusual
configuration may be accessed and when in compliance with Section
2.302.03.B. If a flag-lot is permitted, the following standards shall be met: (5/98)
1. The access strip shall not be less than 20 feet wide. The access strip
shall be improved with a minimum 12 foot wide paved driveway and
paved encroachment which meet applicable City standards. (5/98)
2. The access strip shall not be included in the calculation of lot area for
purposes of determining compliance with any minimum lot size
provision of this Ordinance. (5/98)
Response: Proposed Lot 2 has direct access to Chemawa Road NE via an access
strip that is in excess of 20 feet wide. The extension of McLeod Lane NE
creates a practical difficulty in providing for the development of the
property located north and west of McLeod Lane NE. The proposed flag
lot provides for the ability to develop this area efficiently
G. Lot Lines. The side lines of lots, as far as practicable, shall run at right angles
to the right-of-way line of the street upon which the lots face. The rear lot line
shall be no less than 1/2 the dimension of the front lot line. (5/98)
Response: The site has been designed to consistent with this requirement. Proposed
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Lot 4 and Lot 6 are irregular in shape due to the existing and proposed
transportation system.
Response: The length, width and shape of the blocks within the subdivision are
dictated by the existing and proposed transportation system. The
resulting lots are appropriate for uses ranging from residential, to office
and commercial retail. The proposed subdivision has been designed
consistent with this provision.
2. Sizes: Blocks should not exceed 600 feet in length between street
lines, except blocks adjacent to arterial streets, or unless the previous
adjacent development pattern or topographical conditions justify a
variation. The recommended minimum distance between intersections
on arterial streets is 1,800 feet. (5/98)
B. Traffic Circulation. The proposed subdivision shall be laid out to provide safe
and, convenient vehicle, bicycle and pedestrian access to nearby residential
areas, transit stops, neighborhood activity centers such as schools and parks,
commercial areas, and industrial areas; and to provide safe and convenient
traffic circulation. At a minimum, "nearby" is interpreted to mean uses within
1/4 mile which can be reasonably expected to be used by pedestrians, and
uses within 1 mile of the subdivision boundary which can reasonably be
expected to be accessed by bicyclists. (5/98)
Response: Existing sidewalks coupled with new sidewalks along Chemawa and the
extension of McLeod will provide new and improved pedestrian
connections to and from the site. Connections within the site will be
assured as each lot develops. The proposed improvements integrate well
with existing and planned transportation improvements within the area
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consistent with the intent of this requirement.
C. Connectivity. To achieve the objective in B., above, the Director may require
1. Stub Streets: Where the potential exists for additional residential
development on adjacent property. (5/98)
2. Pedestrian/Bicycle Accessways: Public accessways to provide a safe
and efficient connection from a residential area to nearby residential
areas, transit stops, neighborhood activity centers, including schools,
parks, shopping centers, other community services and other
commercial and industrial areas when such connections are not
available by streets and when a pedestrian must go at least one
quarter of a mile out of his or her way to make that connection using
the street system. (5/98)
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determine to be reasonably necessary to serve the development or the
immediate neighborhood. (5/98)
C. Project Streets. All public or private streets within the subdivision shall be
constructed as required by the provisions of Section 2.302. (5/98)
Response: The applicant understands this provision and will comply. A preliminary
storm water design has been provided as Sheet C4.0 of Exhibit A.
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with such arrangement with the subdivider as is equitable to assure financing
his share of the construction and to provide for appropriate reimbursements
of costs above those directly attributable to the subdivision. The City may
require that the subdivider construct sewage lines of a size in excess of that
necessary to adequately service the development in question, where such
facilities are or will be necessary to serve the entire area within which the
development is located when the area is ultimately developed. The City may
also require that the construction take place as an assessment project with
such arrangement with the subdivider as is desirable to assure his share of
the construction. (5/98)
Response: The applicant understands this provision and will comply. A preliminary
utility design has been provided as Sheet C3.0 of Exhibit A.
H. Water System. Water lines with valves and Fire District approved fire
hydrants serving the subdivision and connecting the subdivision to the City
mains shall be installed and operating prior to start of combustible
construction. The design shall take into account provisions for extension
beyond the subdivision to adequately grid the City system and to serve the
area within which the development is located when the area is ultimately
developed. However, the developer will be responsible for water main sizes
necessary to meet minimum fire flow requirements per Uniform Fire Code.
The City will not expect the developer to pay for the extra pipe material cost
of mains exceeding 8 inches in size. (5/98)
Response: The applicant understands this provision and will comply. A preliminary
utility design has been provided as Sheet C3.0 of Exhibit A.
I. Sidewalks. Sidewalks shall be installed along both sides of each public street
and in any pedestrian ways within the subdivision. The City may defer
sidewalk construction until the dwellings or structures fronting the sidewalk
are constructed. Any required off-site sidewalks (e.g. pedestrian walkways) or
sidewalks fronting public property shall not be deferred. (5/98)
Response: The applicant understands this provision and will comply. Compliance
with these standards will be assured at the time of development review.
K. Street Signs. The installation of street name signs and traffic control signs is
required at locations determined to be appropriate by the city and shall be of
a type required by City standards. Each street sign shall display the one
hundred block range. Street signs shall be installed prior to obtaining building
permits. (5/98)
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Response: The applicant understands this provision and will comply.
M. Curb Cuts. Curb cuts and driveway installations, excluding common drives,
are not required of the subdivider, but if installed, shall be according to the
City standards. (5/98)
N. Street Trees. Street tree planting is mandatory where a planting strip is part of
the street design. Plantings shall conform to Section 2.302.03(M). (5/98)
Response: The applicant understands this provision and has included a preliminary
street tree plan within Exhibit A.
O. Grading & Fills. All grading which results in fills in excess of 3 feet located
within the identified building envelope on a subdivision lot or parcel must be
engineered. (5/98)
Response: The applicant understands this provision and may elect to bond for some
or all improvements prior to final plat.
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January 25, 2011 Project #: 8610
Sam Litke
City of Keizer
PO Box 21000
Keizer, OR 97307‐1000
RE: Keizer Station Area C Master Plan Transportation Impact Study
Dear Sam,
We have prepared the following letter to address the questions and concerns submitted by Kevin
Hohnbaum & Jane Mulholland in their letter submitted to the City of Keizer regarding Master
Plan Case 2010‐16 & Subdivision Case 2010‐18 (Keizer Station Area C).
The applicable transportation related comments submitted in their letter are reproduced in italics
below followed by our response.
4. Part C of the developer’s application describes the affected public streets but does not list Ridge
Road. Ridge Road will be impacted by the proposed development and is adjacent.
5. Needed improvements to Ridge Road are not addressed in the traffic study.
It is recognized in the October 2010 Keizer Station Area C Master Plan Transportation Impact Study
that the proposed Area C development will generate trips and that a portion of these trips will
utilize Ridge Road. However, given Ridge Road currently has school speed zone limits along a
portion of the corridor, has several speed humps that are designed to reduce travel speeds, and
has limited regional connectivity to the rest of the City, the amount of development related traffic
that would utilize Ridge Road is likely to be limited primarily to those residents that live along
the corridor. As such, no special capacity‐based mitigation is necessary to accommodate this
traffic. It should be noted however that the development will construct an extension of McLeod
Lane and this extension will connect to Ridge Road via a new direct roadway alignment.
Although the details of the McLeod Lane extension and the new connection to Ridge Road are not
detailed specifically in the traffic study, they are included as part of the overall Master Plan
submittal and illustrated in detail on sheet MP2.
6. Three lanes on McLeod Lane will be insufficient to handle the traffic volume between Lockhaven
Road and Chemawa Road.
McLeod Lane is currently an unimproved two‐lane roadway between Lockhaven Drive and
Chemawa Road. With the proposed Area C development, it will be improved to a three‐lane
section with bike lanes and sidewalks. At the intersection with Lockhaven Drive, there will be a
separate left‐, through, and right‐turn lanes to facilitate traffic movements to Lockhaven Drive. At
the intersection with Chemawa, this intersection will be signalized and lanes will be constructed
to accommodate separate left‐ and through/right‐turn maneuvers. These improvements will be
sufficient to accommodate the projected levels of traffic demand along this roadway as outlined
in Section 8 of the traffic study. It should also be noted that both the Lockhaven Drive/McLeod
Lane and Chemawa Road/McLeod Lane intersections are forecast to operate with more than
sufficient capacity, providing some flexibility and assurance that this roadway can accommodate
an increase in traffic demand.
7. The potential traffic volume on McLeod Lane into and out of the development southeast of
Chemawa Road requires additional traffic lanes.
McLeod Lane southeast of Chemawa Road will be constructed to a four‐lane cross section which
transitions to three lanes at the multi‐family residential driveway. This level of widening is
sufficient to accommodate the projected levels of traffic demand and vehicle stacking needs from
the Chemawa Road/McLeod Lane intersection (a supplemental vehicle queuing analysis
submitted at the request of City of Keizer staff is attached that illustrates this finding in more
detail). In addition, the right‐in/right‐out access driveway off of Chemawa Road will provide
improved accessibility for Area C‐2 that will reduce traffic volumes on McLeod Lane extension.
8. Traffic volume on Verda Lane between Dearborn Road and Lockhaven Road will be affected, should
be a part of the traffic study and needs to be mitigated as part of the plan. Traffic counts have not
been completed at Chemawa and Verda.
As part of a detailed scoping effort with City of Keizer staff, the Chemawa Road/Verda Lane
intersection was formally included in the traffic impact study. A new traffic count was conducted
at this intersection, however the traffic counting sheets were accidentally left out of the appendix.
We have attached them here for your reference. The traffic impact study evaluated the
development related impacts to the Chemawa Road/Verda Lane intersection (see intersection #16
in the summary analysis worksheets and figures).
As for the stretch of Verda Lane between Lockhaven Drive and Dearborn Avenue, the scoping
effort with the City of Keizer concluded that this particular corridor did not need to be included
in the traffic study. While the traffic study does recognize that Verda Lane north of Chemawa
Avenue will see some additional through traffic growth as a result of the proposed development,
the amount of through traffic growth is likely to be minimal given its location and orientation to
Area C. Any increases in traffic volumes along this corridor are likely to be attributed to the
residents that live along the corridor and not from the regional market area.
9. Traffic volume on Lockhaven Road between River Road and McLeod Lane will be impacted, should
be a part of the traffic study and needs to be mitigated as part of the plan. Traffic counts have not
been completed at Lockhaven and 14th or at Lockhaven and River.
As documented on page 11 of the traffic study, a number of intersections including the
Lockhaven Drive/14th Avenue intersection and Lockhaven Drive/River Road intersection, were
studied as part of the ongoing Chemawa Road Interchange Access Management Plan (IAMP).
Given that traffic counts were conducted at these intersections, it was determined in consultation
with City of Keizer and ODOT staff that these counts were still appropriate for use as part of the
Area C traffic study. Accordingly, no new traffic counts were conducted. These older traffic
counts from the IAMP study were utilized, appropriately factored (to account for growth and
seasonal variation), and formally evaluated in the Area C traffic study (see intersections #1 and
#3). City and ODOT staff have reviewed these methodologies and concluded they are consistent
with local and state standards.
10. The weekday 4:00 – 6:00 pm traffic counts were completed in July. Peak traffic counts are
substantially higher in the fall than in the summer.
11. The traffic study specifically states that queue spillback is not present along Lockhaven and
Chemawa is not present. This is factually incorrect. Traffic on Lockhaven is constantly backed up
from 14th Ave through the stop light at McLeod and from McLeod through the stop light at
Chemawa on a regular basis.
Nowhere in the Area C traffic impact study does it state that queue spillback is not present along
Lockhaven and Chemawa. Vehicle queue spillback does exist along both of these facilities at
specific times of the day. With the intersection lane widening along Chemawa Road, the presence
of vehicle queue spillback will be mitigated to levels that can be accommodated within the
proposed through and turn lanes. A supplemental queuing analysis was completed at the request
of City staff. The supplemental letter and response by the City is attached.
12. According to the traffic study, calculations “imply” that in the future “the undeveloped portion of
Keizer Station is likely attributing up to 300 trips along the Lockhaven Drive corridor.” This
number is not based on fact or actual findings.
The undeveloped and already approved portions of Keizer Station include Area “A” and Area
“D”. Traffic volumes from Area “D” were calculated in a previous study using the standard
reference manual ITE Trip Generation. This manual is a widely accepted source for estimating
traffic impacts associated with new development. As for Area “A”, traffic impacts from
undeveloped parcels were estimated based on an observed trip generation rate from existing
Area A development. Given the size and range of uses, this methodology is appropriate for
estimating the trip generation potential of the remaining undeveloped square footage. This
The Public Works Department has reviewed the applicant’s submittals and has
compared them with the requirements of the adopted Keizer Station Plan. Prior to any
construction and grading of the subject property the developer shall submit a detailed
phasing plan for all required improvements including a complete site grading and
erosion control plan. The following are requirements and/or conditions for
incorporation into the findings for approval of the master plan and subdivision plan.
SUBDIVISION :
The Public Works Department understands that a subdivision of the subject property
will be necessary to provide for parcel sizes and shapes that are needed for the
proposed development south of Lockhaven Drive and east and west of Chemawa
Road. Subdivision of the subject property will require appropriate improvement
agreements to provide for the necessary public infrastructure to serve the area.
Requirements below are the minimum requirements that are necessary for
development of Area C in Keizer Station.
The plan submitted will require the vacation of public street rights of way and the
abandonment of existing sanitary sewer lines. The developer shall submit a process
for accomplishing the required vacationing of rights of way and sewer abandonment
prior to any plat recording.
SANITARY SEWERS:
The subject property is located within an area of Keizer that requires additional
sanitary sewer capacity to be able to complete the Sanitary Sewer Master Plan. The
Master Plan provides for an acreage fee to be assessed as the property develops to
provide for the required sewer trunk lines. The area to be assessed has been
determined to be 14.58 acres and is identified on Exhibit A attached to this report.
The current acreage fee is $7,460.00 per acre which would result in an assessment of
$108,766.80 payable at the time of issuance of public works construction permits.
a. A Master Sewer Plan for the proposed development has been prepared which
indicates that all proposed development in Area C will be connected to the
existing or relocated public sanitary lines constructed to provide service to the
area. The Master Plan shall indicate how phasing of the abandonment of existing
sanitary sewer lines will coincide with the proposed new construction of sanitary
sewer lines.
b. City of Salem approval for local sewers is required. Permits from the City of
Salem shall be issued prior to construction. Prior to submitting plans to the City
of Salem for approval, the developer’s engineer shall submit plans to the City of
Keizer for review and determination of compliance with the City’s Master Sewer
Plan for the area.
c. Connecting to existing sewers or new laterals that serve the general area will be
the responsibility of the property owner at the time of subdivision of the property
or at issuance of building permits.
d. Appropriate easements will be required for any public or private sewer lines
located within the subject property if located outside platted right of ways.
f. Easements for any existing sanitary sewer lines remaining in use located on the
subject property will be required to be recorded in favor of the City of Keizer.
WATER SYSTEM:
h. A Master Water System Plan needs to be developed for the subject property
showing proposed routes of public water mains, fire hydrants and individual
services acceptable to the department of public works. The proposed water mains
indicated on the application are not acceptable to the department of public works.
Prior to submittal of final construction plans the developer’s engineer shall
arrange for a pre-design conference to discuss water main sizing, meter sizing and
locations, fire hydrant locations, fire sprinkler line locations and easement width
for all public lines located outside of proposed right of ways. The City of Keizer
has developed and adopted a Master Water Plan for the City and the proposed
rerouting of water mains in Area C will require an analysis of the water flows in
the system. It will be the responsibility of the developer of Area C to reimburse
the City for costs associated with re-modeling the water system to determine if the
model can be modified to provide acceptable flows. Final location of all meters
and fire hydrants shall be approved by the Keizer Department of Public Works.
Appropriate easements for all public water mains and fire hydrants will be
required if construction is to be outside of public right of ways. Any system
development charges for water system improvements will be those in place at the
time of individual service connections.
i. Final development plans shall be reviewed by the Keizer Fire District and the City
of Keizer Department of Public Works with regard to access and adequate
location of fire hydrants prior to any issuance of public works construction
permits by the City of Keizer.
j It will be the responsibility of the developer to identify and abandon all existing
wells prior to site grading in accordance with the rules of the Oregon State Water
Resources Department unless the City has determined that water rights are
available in some cases that could be transferred to municipal use by the city. The
Developer shall submit to the Public Works Department a summary of their
findings of existing wells.
m. A Storm Drainage Master Plan is required for the proposed development that
includes all of Area C. The Master Plan shall include engineering calculations
that provide for acceptable on-site disposal of the anticipated increase in storm
water runoff. The current storm drains in Lockhaven Drive and downstream do
not have capacity to handle any increase in storm water. Because of the existing
capacity limits of the existing storm drain system this drainage shall be treated as
a critical basin per the City of Keizer Public Works Design Standards,
n. Storm water detention and low impact development design will be required for all
areas in Keizer Station, Area C. All storm water including roof drains are to be
connected to an approved system designed to provide adequate drainage for
proposed new driveways, parking lots and other impervious surfaces. Where on-
site detention is planned, adequate covenant, conditions and restrictions (CCR)
shall be recorded to alert future owners/developers that detention and/or treatment
shall be required to be constructed to the standards in effect at the time of building
permit application.
r. Easements for any existing or proposed storm drain lines within the subject
property will be required if not located within public right of ways.
s. An improvement agreement or other acceptable form of guarantee for all required
storm drainage construction shall be in place prior to construction permits being
issued.
TRANSPORTATION:
t. The city public works staff review of the proposal indicates the development will
generate in excess of 250 vehicles trips per day. A Traffic Impact Analysis (TIA)
for the subject property has been prepared by Kittelson & Associates, Inc. dated
October 2010 to provide information regarding the anticipated increase in overall
traffic in the area and methods to mitigate for the anticipated increases. The
analysis has been reviewed by the City’s Traffic Engineering Consultant and can
be accepted with some modifications to the site plan being required. A queuing
analysis and progression analysis will be required to be submitted to the City to
substantiate that traffic movements in the area will meet established criteria at
build-out of Area C. The required analysis may result in additional modifications
of the required street improvements.
u. The proposed Site Plan indicates a number of “on-site” features; “right-in only,”
intersection improvements including traffic control, traffic signals and
modifications, etc. that will require construction during the first development
activity for Area C. Additionally, off-site improvements will be required which
will require a financing plan to be in place prior to any development in Area C.
All new intersections shall be designed to the standards of the City of Keizer
Department of Public Works under the standard construction permit process. All
signalization shall be designed to City of Salem standards and reviewed by the
City of Salem for required operations, maintenance and materials. Conduits for
signal interconnects and required fibre optics cables and junction boxes to existing
and proposed controller cabinets will be required between the three major
intersections (Lockhaven/McLeod, Lockhaven/Chemawa Road and Chemawa
Road/McLeod). The portion of Mcleod Lane east of Chemawa Road shall be
constructed to Collector Street Standards. Appropriate right of way dedication for
necessary construction of the above accesses will be determined during the
design phase of the proposed new streets. The intersection of McLeod Lane at
Chemawa Road will need modifications from the alignment shown on the plans
for the development. Specifically, the eastbound through lane of McLeod Lane
west of Chemawa Road needs to be aligned with the eastbound lane of McLeod
Lane east of Chemawa Road.
GENERAL:
y. A Pre-design meeting with the City of Keizer Department of Public Works will be
required prior to the Developer's Engineer submitting plans to either the city of
Keizer or the City of Salem for review.
z. Street opening permits are required for any work within the City right of
way that is not covered by a Construction Permit.
aa Facility phasing plans and arrangements for reimbursing developers for providing
additional capacity to serve future development shall be approved by the Keizer
Department of Public Works and the City Council.