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STAYTON PLANNING COMMISSION
AGENDA
7:00 pm Monday, April 27, 2020
TELECONFERENCE MEETING
City officials request all citizens that are able, to view the live stream on the City of Stayton’s YouTube
account to view the meeting from home. Social distancing is essential in reducing the spread of COVID-19.
The City is using technology to make meetings available to the public without increasing the risk of exposure.
Please use the following option to view the meeting: Live Stream on the City of Stayton YouTube
- https://youtu.be/C67idmfeHf8
If you wish to testify as part of a Public Hearing, please read the following:
Written Testimony: It is strongly encouraged that interested parties provide testimony in writing
prior to the meeting and abstain from attending the meeting in person. Written testimony submitted at
least two hours prior to the meeting start time will be provided to the Planning Commission in advance
of the meeting. Written testimony can be emailed to dfleishman@ci.stayton.or.us.
Conference Call: Should it be necessary to provide verbal testimony, it is recommended that interested
parties participate via an established City conference call line. Parties interested in participating in this
manner shall contact City staff at least two hours prior to the meeting start time with their name,
address, and phone number they will be calling from. Please reach out to dfleishman@ci.stayton.or.us if
you wish to provide verbal testimony.
Participate in Person: Although it is strongly encouraged that people not attend the meeting in
person, the opportunity will still exist to participate in the meeting at a designated meeting location.
The method of this participation may include in person public testimony, access to a phone to call into
meeting via a conference call line, or other available public testimony method as allowed by the Oregon
State Public Meetings law. Please note that in person meeting attendance will be subject to applicable
regulations in place at the time of the meeting and are subject to change.
1. CALL TO ORDER Chair Lewis
2. MEETING MINUTES – February 24, 2020
3. LAND USE FILE #1-02/20 –PUBLIC HEARING Application for removal of condition of
approval, Roberts Industries, LLC, Pacific Ct
a. Commencement of Public Hearing
b. Staff Introduction
c. Applicant Presentation
d. Staff Report
e. Questions from the Commission
f. Proponents’ Testimony
g. Opponents’ Testimony
h. Governmental Agencies
i. General Testimony
j. Questions from the Public
k. Questions from the Commission
l. Applicant Summary
m. Staff Summary
n. Close of Hearing
o. Commission Deliberation
p. Commission Decision
4. LAND USE FILE #3-04/20 –PUBLIC HEARING Application for Partitioning, North
Santiam School District 29J, N Evergreen Ave
a. Commencement of Public Hearing
b. Staff Introduction
c. Applicant Presentation
d. Staff Report
e. Questions from the Commission
f. Proponents’ Testimony
g. Opponents’ Testimony
h. Governmental Agencies
i. General Testimony
j. Questions from the Public
k. Questions from the Commission
l. Applicant Summary
m. Staff Summary
n. Close of Hearing
o. Commission Deliberation
p. Commission Decision
5. OTHER BUSINESS
6. ADJOURN
DATE OF NEXT MEETING: Monday, May 25, 2020
STAYTON PLANNING COMMISSION
MEETING MINUTES
Monday, February 24, 2020
COMMISSIONERS: Jackie Carmichael, Vice-Chair
Dixie Ellard
Heidi Hazel
Ralph Lewis, Chair
Richard Lewis
STAFF MEMBER: Dan Fleishman, Planning & Development Director
OTHERS PRESENT: Jesse Lovrien
1.
CALL TO ORDER: Chair Lewis called the meeting to order at 7:00.
2.
APPROVAL OF MINUTES: Hazel moved and Carmichael seconded to approve minutes from
January 27, 2020 as presented. The motion was approved 5:0.
3.
REVIEW OF SUGGESTED CODE AMENDMENTS REGARDING RESIDENTIAL
ZONING- Fleishman continued the review of the suggested Code amendments, focusing on a
presentation showing the relationship between density, lot width and lot size. Lovrien also made a
presentation showing various lot dimension scenarios and discussing the issue of building setbacks as
well.
After substantial discussion, the Planning Commission agreed that seeing photos of actual
neighborhoods at various densities and lot widths would be helpful. Fleishman will compile a
slideshow for that discussion.
4.
OTHER BUSINESS – None
5.
ADJOURN: Chair Lewis adjourned the meeting at 8:15
C i t y o f S t a y t o n
Department of Planning and Development
362 N. Third Avenue • Stayton, OR 97383
Phone: (503) 769-2998 • Fax (503) 769-2134
dfleishman@ci.stayton.or.us www.staytonoregon.gov
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515
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M E M O R A N D U M
TO: Chairperson Ralph Lewis and Planning Commission Members
FROM: Dan Fleishman, Director of Planning and Development
DATE: April 27, 2020
SUBJECT: Roberts Industrial Park Modification
120 DAYS ENDS: June 24, 2020
This report presents the Planning Staff’s summary and analysis concerning this application. It was
developed with the input of other City departments and agencies.
Attached is an application for modification of the previous approval of the Roberts Industrial Park
Subdivision. The subdivision was originally approved by the Planning Commission as Land Use
File #3-02/91 and the plat recorded on September 25, 1991. The applicant proposed to expand two
of the lots in the subdivision by obtaining additional adjacent land. In January, 2018 the applicant
received approval from the Planning Commission (Land Use File 13-12/17) for that modification
with a requirement to either document or obtain utility easements for existing City-owned utilities
on another portion of the parcel from which the additional land was going to be obtained.
This application consists of the application form and narrative. Included in the packet is the
preliminary plan showing the lot modification from 2017. Lots 7 and 8 in the subdivision would be
expanded by a total of about 10,070 square feet. An aerial photo from March of 2020 shows that
that area to be added to the subdivision is being used as if it were part of these two lots:
C i t y o f S t a y t o n
2
The applicant reports that after two years of trying, he has been unable to obtain easements from the
adjacent property owner and has requested the Planning Commission remove the condition from the
2018 approval. The Public Works Director and the City Engineer have expressed concurrence with
removing the previous condition.
RECOMMENDATION
The staff recommendation for approval is reflected in the draft order that is attached to the staff
report.
There may be testimony at the public hearing that requires the draft order be modified to reflect that
testimony.
OPTIONS AND SUGGESTED MOTIONS
Staff has provided the Planning Commission with a number of options, each with an appropriate
motion. The Planning Department recommends the first option.
1. Approve the application with conditions, adopting the draft order as presented.
I move the Stayton Planning Commission approve the application of Roberts Industries LLC to
remove the condition of approval of the modification of the Roberts Industrial Park subdivision
(Land Use File #1-02/20) and adopt the draft order presented by Staff.
2. Approve the application with conditions, adopting modifications to the draft order.
I move the Stayton Planning Commission approve the application of Roberts Industries LLC to
remove the condition of approval of the modification of the Roberts Industrial Park subdivision
(Land Use File #1-02/20) and adopt the draft order with the following changes...
3. Approve the application with conditions, directing staff to modify the draft order.
I move the Stayton Planning Commission approve the application of Roberts Industries LLC to
remove the condition of approval of the modification of the Roberts Industrial Park subdivision
(Land Use File #1-02/20) and direct staff to modify the draft order to reflect the Planning
Commission’s discussion and bring a revised draft order for Planning Commission approval at
the May 25, 2020 meeting.
4. Deny the application, directing Staff to develop the findings and conclusions to justify that
decision.
I move that the Stayton Planning Commission deny the application of Roberts Industries LLC to
remove the condition of approval of the modification of the Roberts Industrial Park subdivision
(Land Use File #1-02/20) and direct staff to modify the draft order to reflect the Planning
Commission’s discussion and bring a revised draft order for Planning Commission approval at
the May 25, 2020 meeting.
5. Continue the hearing until May 25, 2020.
I move the Stayton Planning Commission continue the public hearing on the application of
Roberts Industries LLC to remove the condition of approval of the modification of the Roberts
Industrial Park subdivision (Land Use File #1-02/20) until May 25, 2020.
6. Close the hearing but keep the record open for submission of written testimony.
I move the Stayton Planning Commission close the hearing on the application of Roberts
Industries LLC to remove the condition of approval of the modification of the Roberts Industrial
C i t y o f S t a y t o n
3
Park subdivision (Land Use File #1-02/20) but maintain the record open to submissions by the
applicant until May 11, allowing 7 days for review and rebuttal and then an additional 7 days for
the applicant to reply, with final closure of the record on May 25, 2020.
7. Close the hearing and record, and continue the deliberation to the next meeting.
I move the Stayton Planning Commission continue the deliberation on the application of
Roberts Industries LLC to remove the condition of approval of the modification of the Roberts
Industrial Park subdivision (Land Use File #1-02/20) until May 25, 2020.
1
Dan Fleishman
From: Roberts Industries,LLC <robindllc.2@gmail.com>
Sent: Tuesday, February 25, 2020 8:17 AM
To: Dan Fleishman; Lisa Meyer
Subject: App for Minor Modification
Attachments: Application Minor Modification .pdf
>
>
>
>
>
City of Stayton/Dan Fleishman,
In regards to the previous requirement to obtain easements on the Loveberg Property on the south side of the waterway
for the City of Stayton.
After MULTIPLE times and MANY months of trying to contact and achieve an agreement from the owners(Loveberg’s)
of the Property, have failed. I hold no hope of obtaining an easement. Therefore I am requesting to be relieved from that
requirement and to proceed with another application for a minor modification to the existing lot lines. I believe any
future development of the property to the south would be the proper and successful time to acquire any
easements. Thank you.
Respectfully,
Roberts Industries
Roger Roberts
Planning Commission Order of Approval, Land Use File #1-02/20
Roberts Industrial Park Modification
Page 1 of 4
BEFORE THE STAYTON PLANNING COMMISSION
In the matter of ) Modification of
the application of ) Previously Approved Subdivision
Roger Roberts, Applicant ) File # 1-02/20
ORDER OF APPROVAL
I. NATURE OF APPLICATION
The applicant is requesting removal of a condition of approval placed on the amendment of a
previously approved and platted subdivision. In January 2018, the Planning Commission approved
the applicant’s request to modify lot lines of two lots in the Roberts Industrial Park subdivision,
with a condition that the final plat include easements for city-owned utilities in place on the
remaining land of the parcel from which the expansion of the lots in the subdivision were being
derived. The applicant has been unable to obtain those easements and has requested the condition be
removed.
II. PUBLIC HEARING
A public hearing was held on the application before the Stayton Planning Commission on April 27,
2020. Notice of the public hearing was provided to the owners of all properties within 300 feet of
the subject properties. At the hearing there was no objection was raised regarding the notice
provided. At the hearing, Land Use File #1-02/20, application for minor modification, was made
part of the record.
At the conclusion of the hearing, the Planning Commission made findings of fact, conclusions of
law, and approved the application.
III. FINDINGS OF FACT
1. The Roberts Industrial Park subdivision was approved by the Stayton Planning Commission
as land use file #3-02/91 and recorded in the Marion County Deed Records on September
25, 1991 in the book of Town Plats in Volume 39, Page 83.
2. The subdivision did not included a small triangle of land adjacent to the Salem Ditch that
was not owned by the property owner.
3. The owner of Lots 7 and 8 in the subdivision has the opportunity to purchase the triangle of
land and add portions of it to each of those lots.
4. The owner of the Lots 7 and 8 is Roberts Industries LLC.
5. The owners of the adjacent land are Larry C and Gloria Loveberg.
6. The applicant is the Roger Roberts, an owner of Roberts Industries LLC. The application
was submitted on February 25, 2020 and was deemed complete.
7. The properties are Lots 7 and 8 of Roberts Industrial Park and a portion of the adjacent
property, between Roberts Industrial Park and the Salem Ditch. The properties may also be
described as tax lots 1000, 2700, and 2800, Township 9, Range 1 West of the Willamette
Meridian, Section 9, Map DB.
Planning Commission Order of Approval, Land Use File #1-02/20
Roberts Industrial Park Modification
Page 2 of 4
8. The properties are zoned Light Industrial (IL)
9. Lots 7 and 8 are addressed as 1080 Wilco Road. Lot 7 has 190 feet of frontage on Pacific
Court. Lot 7 has 107 feet of frontage on the Salem Ditch. Lot 8 has 210 feet of frontage on
Pacific Court and 276 feet of frontage on Wilco Road. Lot 8 has 122 feet of frontage on the
Salem Ditch. Lots 7 and 8 are together used as retail building supply establishment, with a
retail showroom/office, two warehouse buildings, and outdoor storage of building materials.
10. Tax lot 1000 is a 1.78 acre parcel of land located at the terminus of Peach Ave, of which
1.55 acres is located on the south side of the Salem Ditch and a 0.23-acre triangle of land is
located on the north side of the Salem Ditch. The portion of tax lot 1000 that is north of
Salem Ditch is used as part of the outdoor storage of building materials by the neighboring
retail building supply establishment.
11. The surrounding properties are zoned IL. The properties to the north, across Pacific Court
are gravel-surfaced vacant parcels used for outdoor storage. The property to the east is
developed for self-storage warehousing. One of the properties to the south, across the Salem
Ditch is developed for self-storage warehousing. The other two properties to the south,
across the Salem Ditch, including tax lot 1000, are vacant. The property to the west, across
Wilco Road, is developed as an automobile towing business.
12. The previous proposal was to absorb the portion of tax lot 1000 north of the Salem Ditch
into Lots 7 and 8. Lot 7 would increase from 1.84 acres in area to 2.02 acres. Lot 8 would
increase from 1.62 acres to 1.67 acres.
13. The City has a sewer main and a storm water drainage pipe on the portion of tax lot 1000
that is south of the Salem Ditch, without records of easements for these utilities.
14. The Planning Commission approved the previous application as Land Use File 13-12/17 on
January 29, 2018. Based on the recommendations from the City Engineer, a condition was
placed on the approval requiring the applicant to obtain the necessary easement for all of the
existing public utilities.
15. The applicant reports that he has attempted for two years to obtain the easements and has not
been able to do so.
A. AGENCY COMMENTS
The following agencies were notified of the proposal: City of Stayton Public Works, Marion
County Public Works, WAVE Broadband, Stayton Cooperative, Pacific Power & Light, NW
Natural Gas, Stayton Fire District, Santiam Water Control District, North Santiam School
District and Stayton Police Department. Marion County Building Inspection, Marion County
Planning Division, and Marion County Public Works replied they were not affected by the
proposal. Comments were received from the Stayton Public Works Department. The Public
Works Director consented to the lot line adjustment without getting the easement but noted that
any future development activity on tax lot 1000 will require granting of the easements.
B. ANALYSIS
Partition applications are required to satisfy approval criteria contained within Stayton
Municipal Code (SMC) Title 17, Chapter 24, Sections 040 and 050. The minor modification of
the previous approval must meet only those standards affected by the modification. The
existing utilities are on the remainder of the property from which the applicant intends to
Planning Commission Order of Approval, Land Use File #1-02/20
Roberts Industrial Park Modification
Page 3 of 4
purchase a portion. The applicant has attempted to meet the condition of approval but the owner
of the property has not been cooperative. The Public Works Department has consented to the
removal of the condition of approval.
IV. CONCLUSION
The application meets the requirements established in SMC 17.24.040.6 and SMC 17.24.050.
V. ORDER
The Planning Commission removes the condition placed on the approval of Land Use File 13-
12/17. The final plat, meeting the requirements of Section 17.24.080.2, must be submitted to the
Planning and Development Department for approval no later than April 27, 2021.
VI. OTHER PERMITS AND RESTRICTIONS
The applicant is herein advised that the use of the property involved in this application may require
additional permits from the City or other local, State or Federal agencies.
The City of Stayton Land Use review and approval process does not take the place of, or relieve the
Applicant of responsibility for acquiring such other permits, or satisfy any restrictions or conditions
there on. The land use permit approval herein does not remove, alter, or impair in any way the
covenants or restrictions imposed on this property by deed or other instrument.
VII. EFFECTIVE DATE
This decision is final, but shall not become effective until the 15th day after the mailing of the
Notice of Decision in this case, and then only if no appeal to the Stayton City Council is timely
filed. In the event of a timely appeal to the City Council, this decision shall not become effective
until the appeal is finally resolved, including any appeals from the decision of the City Council to
the Oregon Land Use Board of Appeals.
Subject to the Effective Date of this decision set forth herein, the land use approval granted by this
decision shall also be effective only when the exercise of the rights granted herein is commenced
within one year of the effective date of the decision. In case such right has not been exercised or
extension obtained, the approval shall be void. A written request for an extension of time may be
filed with the Director of Planning and Development at least 30 days prior to the expiration date of
the approval.
VIII. APPEAL DATES
The Planning Commission’s action may be appealed to the Stayton City Council pursuant to
Stayton Municipal Code Section 17.12.110 APPEALS. An appeal must be filed within 14 days of
the mailing of the notice of decision.
APPROVED BY A VOTE OF THE STAYTON PLANNING COMMISSION ON THE 27
th
DAY
OF APRIL, 2020.
_____________________________________ _________________
Ralph Lewis, Date
Planning Commission Chairperson
Planning Commission Order of Approval, Land Use File #1-02/20
Roberts Industrial Park Modification
Page 4 of 4
ATTEST
_____________________________________ _________________
Dan Fleishman, Date
Planning & Development Director
Standard Conditions of Approval Page 1 of 3
Standard Conditions of Approval for Land Use Applications
General
1. Approved Land Use Plans - Minor variations to the approved land use plans shall be
permitted provided the development substantially conforms to the submitted land use
plans, conditions of approval, and all applicable standards contained in the Stayton
Municipal Code (SMC) and City of Stayton Public Works Standards. The applicant
shall be responsible for all costs relating to the development, including the design and
construction of any required public improvements identified for the project in the
approved land use plans, the conditions of approval, the SMC, and Public Works
Standards.
2. City Approvals - The applicant shall obtain any and all required reviews, approvals,
and permits from the City prior to construction of the project.
3. Change in Use - Any change in the use of the premises from that identified in the
application shall require the City Planner to determine that the proposed use is an
allowed use and that adequate parking is provided for the development.
4. Landscaping - The applicant shall remain in substantial conformance to the approved
landscaping plan and follow the criteria established in SMC 17.20.090 for
maintenance and irrigation. Dead plants shall be replaced within six months with a
specimen of the same species and similar size class.
Prior to Engineered Plan Approval
5. Design Standards - All public and privately financed public improvements within
the project shall be prepared, signed, and stamped by a Professional Engineer
registered in the State of Oregon and shall be designed to the most current edition of
the Public Works Standards plus the requirements of the SMC in effect at the time the
engineered plans are submitted. (SMC 12.08.310.1)
6. Engineered Plans - The applicant’s design engineer shall submit engineered plans
for review and approval of all required public improvements identified for the project
in the approved land use plans, the conditions of approval, the SMC and Public
Works Standards. Engineered plans shall be reviewed by the City and signed
approved by the City Engineer or Public Works Director, prior to issuance of City
permits. All conditions of approval for the project will need to be met to the
satisfaction of the City Planner and Public Works Director prior to approval of the
engineered plans.
7. Surveys – Surveys for public improvements shall be performed under the direction of
a Professional Land Surveyor registered in the State of Oregon.
8. Utility Coordination - Utility companies and public agencies as applicable shall be
notified early in the design process and in advance of construction to coordinate all
parties impacted by the construction.
9. Agency Approvals - The applicant shall obtain any and all required reviews,
approvals, and permits from all City, State and Federal agencies having jurisdiction
over the work. This may include, but is not limited to, the City, Marion County,
DEQ, OHA-DWS, DSL, Fire Code Official, Building Code Official, etc. Written
Standard Conditions of Approval Page 2 of 3
documentation of all required agency approvals as applicable shall be submitted to
the City prior to approval of the engineered plans.
Prior to Construction
10. Developer Agreement – Where public improvements are required, the applicant
shall submit to the City an approved (by City Attorney) Developer-Engineer-City
Agreement signed and notarized by the applicant and the design engineer, or a signed
Developer-Engineer of Record Agreement (for minor privately financed public
improvements) signed by the applicant and the design engineer, prior to issuance of
City permits.
11. Permits, Insurance, and Indemnification – All required permits, insurance, and
indemnification shall be obtained by the applicant and provided to the City in
accordance with the Public Works Standards prior to construction. A 1200C permit
shall be secured by the applicant if required under the rules of the Oregon State DEQ.
12. Design Engineer’s Estimate – Where public improvements are required, an estimate
performed by the design engineer of the total estimated project cost shall be provided
to the City for review and acceptance. This is needed to determine the amount of
bonding required for the project.
13. Performance Bond - Where public improvements are required, a performance bond,
or other form of performance guarantee acceptable to the City Manager and City
Attorney, is required to be in place, prior to issuance of City permits. The applicant
shall provide a performance bond in the amount of 125% of the total estimated
project cost in accordance with the Public Works Standards. The performance bond
shall be in a form acceptable to the Public Works Director.
14. Pre-Construction Conference - Where public improvements are required, a pre-
construction conference shall be held prior to construction in accordance with the
Public Works Standards.
During Construction and Project Completion
15. Construction Specifications - Where public improvements are required, all public
and privately financed public improvements within the project shall be constructed to
the most current edition of the Public Works Standards plus the requirements of the
SMC in effect at the time the engineered plans are submitted. (SMC 12.08.310.1)
16. Construction Inspection- Where public improvements are required, all public
improvements shall be inspected by the design engineer, or a qualified individual
under their supervision, in accordance with the Public Works Standards to assure the
construction is following the approved engineered plans. At least three days prior to
construction, the applicant shall notify the Public Works Director in writing of the
date when the applicant proposes to commence construction. The written notification
shall include the name and phone number of the contracting company and the
responsible contact person. Any supplemental inspection by the City does not relieve
the applicant or the design engineer of providing the required inspection.
17. Project Completion - Where public improvements are required, the public
improvements and public utilities shall be fully constructed and a project completion
report that certifies to the City that the project was constructed according to the
Standard Conditions of Approval Page 3 of 3
approved plans and specifications and that the correct required testing and inspections
were satisfactorily performed shall be provided by the design engineer in accordance
with the Public Works Standards. Unless the required public improvements are
deferred under a non-remonstrance or other agreement approved and signed by the
City, a notice of final completion and provisional acceptance of the public
improvements is to be provided by the City to the applicant following the completion
of construction, prior to the recording of the final plat and prior to any building permit
applications being accepted or issued. Construction items must be completed within a
specified period of time provided in the approval letter or the approval of any
additional building permits will be withdrawn by the City.
18. Warranty Bond - Where public improvements are required, after completion and
provisional acceptance of the public improvements by the City, the applicant shall
provide a 1-year warranty bond in the amount of 30% of the performance bond
amount in accordance with the Public Works Standards. The warranty bond shall be
in a form acceptable to the Public Works Director.
19. Record Drawings - Where public improvements are required, the applicant shall
submit to the City, reproducible record drawings and an electronic file of all public
improvements constructed during and in conjunction with the project within three
months of the completion of construction. Field changes made during construction
shall be drafted on the plans in the same manner as the original plans with clear
indication of all modifications (strike out old with new added beside). Record
drawings shall be submitted prior to provisional acceptance of the construction,
initiating the one-year maintenance period.
20. Warranty Bond Release and Final Acceptance – Where public improvements are
required, the release of the warranty bond and final acceptance of the public
improvements will be in accordance with SMC 12.04.310 and the Public Works
Standards
21. SDCs and Other Utility Fees - Systems Development Charges and other utility fees
(Mill Creek Sewer Interceptor, etc.) as applicable, will be applied to the project at the
time of issuance of a building permit.
C i t y o f S t a y t o n
Department of Planning and Development
362 N. Third Avenue • Stayton, OR 97383
Phone: (503) 769-2998 • Fax (503) 769-2134
dfleishman@ci.stayton.or.us www.staytonoregon.gov
T
HE
C
ITY OF
S
TAYTON IS AN
E
QUAL
O
PPORTUNITY
E
MPLOYER AND
S
ERVICE
P
ROVIDER
P
OLICE
386
N.
T
HIRD
A
VENUE
S
TAYTON
,
O
R
97383
(503)
769-3423
FAX
(503)
769-7497
P
LANNING AND
D
EVELOPMENT
362
N.
T
HIRD
A
VENUE
S
TAYTON
,
O
R
97383
(503)
769-2998
FAX
(503)
767-2134
P
UBLIC
W
ORKS
362
N.
T
HIRD
A
VENUE
S
TAYTON
,
O
R
97383
(503)
769-2919
FAX
(503)
767-2134
W
ASTEWATER
950
J
ETTERS
W
AY
S
TAYTON
,
O
R
97383
(503)
769-2810
FAX
(503)
769-7413
L
IBRARY
515
N
.
F
IRST
A
VENUE
S
TAYTON
,
O
R
97383
(503)
769-3313
FAX
(503)
769-3218
M E M O R A N D U M
TO: Chairperson Ralph Lewis and Planning Commission Members
FROM: Dan Fleishman, Director of Planning and Development
DATE: April 27, 2020
SUBJECT: 2-Parcel Partitioning 400 Block N Evergreen Ave Preliminary Plan
Application
120 DAYS ENDS: August 5, 2020
This report presents the Planning Staff’s summary and analysis concerning this application. It was
developed with the input of other City departments and agencies.
Attached is an application for preliminary plan approval of a proposed 2-parcel partitioning of a
vacant parcel of land in the 400 block of N Evergreen Ave. The property is zoned Low Density
Residential.
The application consists of the application form and narrative, and the proposed preliminary
partitioning plat. An aerial photo from March of 2020 shows the property:
C i t y o f S t a y t o n
2
Review comments were received by from the Public Works Department through the City Engineer,
which are included in the packet.
Staff has the following concerns about the application, which are noted in the findings and reflected
in the recommended conditions of approval:
The existing right of way for N Evergreen Ave is of substandard width. Additional right of
way must be dedicated as part of the partitioning
The existing sidewalk is in poor condition in places, is of substandard width, and does not
meet current ADA standards.
Staff is recommending several conditions of approval addressing the issues outlined above.
RECOMMENDATION
The staff recommendation for approval with conditions is reflected in the draft order that is attached
to the staff report.
There may be testimony at the public hearing that requires the draft order be modified to reflect that
testimony.
OPTIONS AND SUGGESTED MOTIONS
Staff has provided the Planning Commission with a number of options, each with an appropriate
motion. The Planning Department recommends the first option.
1. Approve the application with conditions, adopting the draft order as presented.
I move the Stayton Planning Commission approve the application of North Santiam School
District 29J for preliminary plan approval of a two-parcel partitioning (Land Use File #3-04/20)
and adopt the draft order presented by Staff.
2. Approve the application with conditions, adopting modifications to the draft order.
I move the Stayton Planning Commission approve the application of North Santiam School
District 29J for preliminary plan approval of a two-parcel partitioning (Land Use File #3-04/20)
and adopt the draft order with the following changes...
3. Approve the application with conditions, directing staff to modify the draft order.
I move the Stayton Planning Commission approve the application of North Santiam School
District 29J for preliminary plan approval of a two-parcel partitioning (Land Use File #3-04/20)
and direct staff to modify the draft order to reflect the Planning Commission’s discussion and
bring a revised draft order for Planning Commission approval at the May 25, 2020 meeting.
4. Deny the application, directing Staff to develop the findings and conclusions to justify that
decision.
I move that the Stayton Planning Commission deny the application of North Santiam School
District 29J for preliminary plan approval of a two-parcel partitioning (Land Use File #3-04/20)
and direct staff to modify the draft order to reflect the Planning Commission’s discussion and
bring a revised draft order for Planning Commission approval at the May 25, 2020 meeting.
5. Continue the hearing until May 25, 2020.
C i t y o f S t a y t o n
3
I move the Stayton Planning Commission continue the public hearing on the application of
North Santiam School District 29J for preliminary plan approval of a two-parcel partitioning
(Land Use File #3-04/20) until May 25, 2020.
6. Close the hearing but keep the record open for submission of written testimony.
I move the Stayton Planning Commission close the hearing on the application of North Santiam
School District 29J for preliminary plan approval of a two-parcel partitioning (Land Use File
#3-04/20) but maintain the record open to submissions by the applicant until May 11, allowing 7
days for review and rebuttal and then an additional 7 days for the applicant to reply, with final
closure of the record on May 25, 2018.
7. Close the hearing and record, and continue the deliberation to the next meeting.
I move the Stayton Planning Commission continue the deliberation on the application of North
Santiam School District 29J for preliminary plan approval of a two-parcel partitioning (Land
Use File #3-04/20) until May 25, 2020.
January 2019 Page 1 of 2
CITY OF STAYTON
APPLICATION
FOR PARTITION OR SUBDIVISION
Application for: Subdivision Partition
PROPERTY OWNER:
Address:
City/State/Zip:
Phone: ( ) - Email:
APPLICANT:
Address:
City/State/Zip:
Phone: ( ) - Email:
APPLICANT’S REPRESENTATIVE:
Address:
City/State/Zip:
Phone: ( ) - Email:
CONSULTANTS: Please list below planning and engineering consultants.
P
LANNING ENGINEERING
Name: Name:
Address: Address:
City/State/Zip: City/State/Zip:
Phone: ( ) _______ - ____________________ Phone: ( ) _______-
Email: Email:
Select one of the above as the principal contact to whom correspondence from the Planning Department should be
addressed:
owner applicant applicant’s representative planning consultant engineer
LOCATION: Street Address:
Assessor's Tax Lot Number and Tax Map Number:
Closest Intersecting Streets:
DESCRIPTION OF PROPOSAL: Total Acreage: ________ No. of Lots ________
ZONE DISTRICT:
NAME OF PROPOSED SUBDIVISION (does not apply to partitions): ___________________________________________
SIGNATURE OF APPLICANT:
DO NOT WRITE BELOW THIS LINE
Application received by: Date: Fee Paid: $ Receipt No.
Land Use File#________________
Clarence J Adams Living Trust
1155 N. 3rd Ave
Stayton, OR
503
769
6924
andrew.gardner@nsantiam.k12.or.us
Alan Kirby
757 W. Locust St
Stayton, OR, 97383
503
769
2336
alan.kirby@nsantiam.k12.or.us
400 block of N. Evergreen Ave.
091W10CD01100
W. High St, W. Ida St
.61
3
Low Density
Submit Via Email
January 2019 Page 2 of 2
QUESTIONS TO BE ADDRESSED IN NARRATIVE STATEMENT
The Stayton Planning Commission, with assistance from the Planning and Development Department and the Public
Works Department will use the information provided by the applicant to analyze the merits of this application. A
decision to approve or deny the application is made based on how well the applicant presents information to show
the application meets the standards and criteria set forth in the Stayton Land Use and Development Code
17.24.040.5. Please provide the following information in full and attach to this application.
1. COMPATIBILITY WITH SURROUNDING AREA: How is the partition/subdivision compatible with the
surrounding area?
2. P
UBLIC SERVICES: All partitions and subdivisions are required to have all public improvements installed as part
of any land division process. Therefore, the applicant must be prepared to install the required street, water,
sewer, and storm drainage and other improvements.
a. How will the applicant assure there are adequate water, sewer, street, and storm drainage facilities
available to serve the proposed subdivision?
b. List public services currently available to the site:
Water Supply: - inch line available in Street.
Sanitary Sewer: - inch line available in Street.
Storm Sewer: - inch line available in Street.
Natural Gas: - inch line available in Street.
Telephone: is (or) is not available in Street.
Cable TV: is (or) is not available in Street.
Electrical: is (or) is not available in Street.
c. Will existing City public services need to be replaced or upgraded to accommodate the demands created
by the subdivision?
3. D
ESIGN LAYOUT/PATTERN OF DEVELOPMENT: How does the design layout of the proposed parcels, lots, and roads
fit with the existing pattern of development in the area?
4. N
ATURAL, PHYSICAL AND GEOGRAPHIC FEATURES:
b. Flood Hazards:
Is any portion of the property located in a flood plain? Is any portion of the property located adjacent to
a waterway?
If the answer to either of the above questions is "yes," how will the proposed subdivision comply with all
standards for riparian setbacks or flood hazard protection?
c. Wetlands:
Are there any wetlands on the site? If yes, are any of these wetlands identified in the Stayton
Comprehensive Plan and how will the proposed subdivision comply with all wetland development
requirements?
d. Natural Features:
Are there any other important natural features on the site? If yes, how will the proposed subdivision address
potential impacts to those features?
5. H
ISTORIC SITES OR STRUCTURES:
Do any historic sites or structures listed on the City of Stayton Comprehensive Plan Historic Landmarks
Inventory exist on the property? If yes, what is the name of the landmark and how will the proposed
subdivision comply with all historic preservation standards?
6. DEED COVENANTS AND RESTRICTIONS: Will any deed covenants or deed restrictions apply to the proposed
master planned development? If yes, attach.
8
Evergreen
10
Evergreen
10
Evergreen
Evergreen
Evergreen
Evergreen
Evergreen
400 Block Evergreen Partition Proposal Narrative
Submitted on behalf of the North Santiam School District to the City of Stayton
Written by: Alan Kirby, Coordinator of College and Career Pathways, North Santiam School
District.
The North Santiam School District is currently under contract to purchase the vacant lot on the
400 block of N. Evergreen Ave. The proposed plan is to divide the lot into two lots for the
purpose of building single-family homes. These homes will be built in conjunction with the
Stayton High School construction class, which allows students to take part in building an actual
home and gives them true real-world experience in construction.
The surrounding area and roads are generally single family homes in the same size and scale
that we plan to build on these proposed lots. The initial plan is to build single-level, 3 bedroom
homes. The homes would fit into the neighborhood and do little to disrupt the area as it now
stands.
Traffic
We ask that the letter of an engineer be waived in regards to traffic impact. The addition of
two single-family homes to this street will bring negligible traffic effect.
Sight-Line Test: On March 31, 2020, a sight-line test was conducted for cars entering Evergreen
from the proposed lots. From both sites where the test was conducted, there was visibility all
the way to Washington St on the North (around 1000 feet+). From both sites, there was also
visibility to Ida St on the South (around 300 feet from the South lot).
Public Services
There is an 8-inch water supply available to access on Evergreen street, as well as a 10-inch
sanitary sewer line and 10 inch storm water line.
Storm water will be collected in catch basins on site for each of the lots. Each home will have a
system designed in accordance with the Portland Stormwater Manual. Infiltration tests were
performed on the property in February 14
th
of 2020, and results indicate that there is sufficient
absorption of water into the soil to allow for the simplified approach to this issue. Results of
the infiltration test are attached.
Cable, Natural Gas, and Electrical are all available to access on Evergreen Street.
Lot Design
It is proposed that we divide the property into two equal parts. Each lot would have its own
driveway and access. The lots would each by approximately 87 feet wide at the street, and 154
feet deep to the back of the lot. Both homes will be designed/engineered to meet the
requirements of the city.
There are approximately 40 trees of varying size and age on the property, including some very
large fir trees. Some of the fir trees would be removed, as well as some of the other trees on
the property (see attached tree inventory and plan). These will be removed by licensed
professionals hired by the school district.
Improvements on the sidewalk (widening by one foot) as required by the city would be
completed when the first home is completed.
Natural, Physical, and Geographic Features
There is not a flood hazard/flood plain on the property. There is a ditch/creek nearby,
but it is no adjacent to the property.
There are not any wetlands on the property
There are not important natural features on the property.
Historic Sites or Structures: Not applicable to this property
Deed Covenants or Restrictions: Not applicable to this property
Other documents to be attached (via email)
1. Lot map with notes regarding partition line, sewer line proposal, and note of sight
distance test placement
2. Tree inventory (2)
a. General tree placement/key (trees numbered)
b. Tree list (size and type, and proposal for removal)
3. Infiltration Test and resuts
PRELIMINARY PARTITION PLAT
3/31/2020
AK
MEMORANDUM
EVERGREEN 2-LOT PARTITIONING OF TL1100 PAGE 1 OF 6
APPLICATION REVIEW (4-17-20)
Application – Evergreen Avenue 2-Lot Partitioning TL1100
City of Stayton – Land Use File No. 3-04/20
TO:
Dan Fleishman/City Planner
FROM:
John Ashley, P.E./City Engineer
COPIES:
Lance Ludwick, P.E./Public Works Director
PROJECT:
Application for two-parcel partitioning of TL1100, located in the
400 block of N. Evergreen Avenue
DATE:
April 17, 2020
Background
I received a copy of the land use application for a partition provided by Developer North
Santiam School District, with a request by the City of Stayton to review and respond. The
application is for the two-lot partitioning of 091W10CD, Tax Lot 1100. The property is not
currently addressed, but is located just south of 480 N. Evergreen Avenue. Tax Lot 1100 is
approximately 0.62 acres in size.
The following land use application review concentrates on the public works aspects and
implications of the application, including anticipated impacts to existing public utilities and
recommended public improvements. The review findings and public works recommendations
are based on a review of the applicable public works portions of the City of Stayton Municipal
Code (SMC) and Public Works Design Standards (PWDS), and does not include a review of any
other agency’s requirements, or any building or other specialty code requirements covered
under such building, plumbing, mechanical, electrical, fire, or any other applicable codes and
regulations that may be required for the project.
The Developer is required to obtain any and all required reviews, approvals, and permits
required by the Planning Conditions of Approval, SMC, PWDS, Marion County, ODOT, DEQ,
OHA-DWP, Fire Code Official, Building Official, and/or any other agencies having jurisdiction
over the work. The Developer shall coordinate with Public Works, Fire Code Official, Building
Official, and other appropriate agencies as necessary.
The City of Stayton Municipal Code and Public Works Standards are available online at
http://www.staytonoregon.gov, under the document center and the public works department
menus. It is recommended that City Staff review this memorandum in conjunction with their
application review.
MEMORANDUM
EVERGREEN 2-LOT PARTITIONING OF TL1100 PAGE 2 OF 6
APPLICATION REVIEW (4-17-20)
Project Overview
Project Site and Access
The application and GIS mapping show the location of the development to be within Township
9 South, Range 1 West, Section 10CD, Tax Lot 01100. Proposed vehicular access will be from
new driveway approaches constructed along N. Evergreen Avenue.
Existing Site Topography and Utilities
Existing site topography and utilities were not provided with the application. GIS mapping
indicates that there is an existing 10” sanitary sewer system, an 8” water main, and an 8” storm
drainage system within N. Evergreen Avenue.
Findings
Transportation
• TIA/TAL – A Transportation Assessment Letter was waived by the Public Works Director.
• Right of Way (R/W) – Right-of-ways shall comply with PWDS 312, Geometric Design
Requirements by Street Functional Classification.
o N. Evergreen Avenue – N. Evergreen Avenue is designated as a Local Street under
City jurisdiction. From the tax assessor’s map, it appears that approximately 10’ of
additional R/W dedication is needed along N. Evergreen Avenue to meet half of the
required 60’ standard width requirement. In addition, the standard 10’ wide public
utility easement is recommended to be provided along the frontage in accordance
with the PWDS. The additional R/W dedication and standard public utility easement
shall be shown on the plat.
• Street Improvements – Street sections shall comply with PWDS 312, Geometric Design
Requirements by Street Functional Classification. It shall be the responsibility of the
Developer to preserve and protect the current pavement condition index rating and the
structural integrity of the existing roadways from construction traffic to the satisfaction
of the Public Works Director throughout all phases of development. Failure to preserve
and protect the roadways may result in the Developer being responsible for replacing
and reconstructing the damaged roadways at the Developer’s expense. It should be
noted that final asphalt concrete pavement and sidewalk sawcut lines for all street
improvements will be established by the City Inspector with the Design Engineer and
Contractor during construction.
o N. Evergreen Avenue – N. Evergreen Avenue along the frontage is considered to be
developed; therefore, additional street improvements will not be required with the
exception of the removal and replacement of the existing substandard sidewalks,
the removal of the existing driveway approach (if it will not be used), and
MEMORANDUM
EVERGREEN 2-LOT PARTITIONING OF TL1100 PAGE 3 OF 6
APPLICATION REVIEW (4-17-20)
construction of the new driveway approaches. The sidewalk replacement should be
with a 5’ wide curbside sidewalk per the PWDS.
• Sight Distance and Clearance Areas – Adequate sight distance and clearance areas shall
be provided in accordance with PWDS 303.06. Landscaping shall be located and
designed to prevent obstruction of the sight distances and clear vision areas.
• Driveway Spacing – PWDS 303.11.D requires the driveway spacing to be 50' on Local
Streets from another driveway or from a nearby street intersection. The new driveway
approaches along N. Evergreen Avenue shall comply with the PWDS.
• Streetscape Appurtenances – All public and private items that currently exist or will be
placed in the right-of-way that will impact the sidewalk and/or the landscape strip shall
be coordinated and shown on the plans as necessary. Franchise utility poles and other
utility structures shall be coordinated with rightful utility owners and located in
accordance with the PWDS. Street trees shall be provided in accordance with PWDS
309.05; however, they shall be located and designed to prevent obstruction of the sight
distances and clear vision areas.
• Engineered Plans – With the application for any Building Permit, the Developer shall
submit to the City for review and approval engineered site and street improvement
plans conforming to Public Works Standards.
Water
• Domestic Service and Backflow Prevention – Each parcel will require a separate water
service. Modifications to the existing water system shall comply with Public Works
Standards and meet the requirements of the Building Official and Fire Code Official.
Appropriate backflow prevention devices shall be provided as necessary and will need to
be reviewed and approved by the City, Building Official and the Fire Code Official, as
applicable. Only Oregon Health Authority – Drinking Water Services (OHA-DWS)
approved backflow devices shall be used. All private utilities will need to be reviewed
and approved by the Building Official.
• Fire Protection – Generally, fire hydrant(s) are required to be installed within 250’ of
any new structure, unless otherwise approved by the Fire Code Official. GIS mapping
indicates that there is an existing fire hydrant located at the southeast corner of the
intersection of W. High Street and N. Evergreen Avenue. The Developer shall review
and coordinate with the Fire Code Official to ensure compliance with applicable fire
codes and regulations. Any necessary water system improvements shall comply with
the Public Works Standards and shall be shown on the engineered plans.
• Fire Code Official Approval – Prior to Site Development Permit final plan approval, the
Developer shall provide written documentation that the Fire Code Official has reviewed
and approved all required fire access, protection devices, and system modifications,
unless otherwise deferred in writing by the Fire Code Official.
• Engineered Plans – With the application for any Building Permit, the Developer shall
submit to the City for review and approval an engineered water system plan conforming
MEMORANDUM
EVERGREEN 2-LOT PARTITIONING OF TL1100 PAGE 4 OF 6
APPLICATION REVIEW (4-17-20)
to Public Works Standards and meeting the requirements of the Building Official and
Fire Code Official. A utility easement in accordance with PWDS 102.08 shall be provided
if a public water main and/or public fire hydrant is extended outside the public right-of-
way.
Sanitary Sewer
• Existing Sanitary Sewer Easement – There is an existing 10’ wide sanitary sewer
easement near the north property line through this lot that will need to remain. The
existing 10’ sanitary sewer easement is to be clearly identified on the plat along with
any declaration of restrictions and grant of easement document.
• Sanitary Sewer – Each parcel will require a separate sanitary sewer service.
Modifications to the existing sanitary sewer system shall comply with Public Works
Standards and meet the requirements of the Building Official. All private utilities will
need to be reviewed and approved by the Building Official.
• Engineered Plans – With the application for any Building Permit, the Developer shall
submit to the City for review and approval an engineered sanitary sewer plan
conforming to Public Works Standards and meeting the requirements of the Building
Official.
Stormwater
• Stormwater Analysis and Report – A stormwater analysis, drainage report and
supporting documentation will be required in accordance with PWDS 603.01. Existing
site topography, off-site contributing areas, and all proposed open water surfaces shall
be considered and included in the design. Careful review and consideration of the site’s
high seasonal groundwater elevation and any impacts it may have on the stormwater
management facility (including the vertical separation requirements) will need to be
included in the analysis as applicable.
• Stormwater Quality and Quantity – Stormwater quality and quantity provisions will be
required in accordance with PWDS 607 and 608 at the time of construction of new
homes on the two parcels. All private utilities will need to be reviewed and approved by
the Building Official.
o Stormwater quality facilities meeting the requirements of the PWDS will be
required. Best management practices shall be used to minimize any degradation of
stormwater quality caused by the development. See PWDS 607 for stormwater
quality facility requirements.
o If detention is proposed, stormwater quantity facilities will be required to detain
post-developed peak runoff rates from the 2-year, 5-year, 10-year, and 50-year 24-
hour storm events to the respective pre-developed peak runoff rates, and the post-
developed peak runoff rate for the 25-year storm event will be required to be
detained to the 10-year pre-developed peak runoff rate. See PWDS 608 for
stormwater quantity facility requirements.
MEMORANDUM
EVERGREEN 2-LOT PARTITIONING OF TL1100 PAGE 5 OF 6
APPLICATION REVIEW (4-17-20)
o If retention is proposed, then the stormwater retention facility shall be designed to
retain a 50-year storm event per PWDS 602.05.C.
o Provisions for an adequate and approved emergency overflow system are required
to convey the un-detained, post-developed 100-year storm event flows to an
acceptable point of discharge. Additional provisions shall be provided at all
locations where the overflow system will create ponding to hazardous depths.
Emergency access shall be provided at all times.
o Appropriate setbacks from the edge of the stormwater management facility’s
maximum water surface to the property lines shall be provided, unless an easement
with adjacent property owners is provided, in accordance with the SWMM
requirements.
• Acceptable Point of Discharge – It shall be the responsibility of the Developer to provide
a suitable discharge location for stormwater from the development which will not harm
or inconvenience any adjacent or downstream properties. An acceptable point of
discharge is to be designed by the Design Engineer and approved by the City.
• Stormwater Operation and Maintenance Plan and Agreement – Stormwater operation
and maintenance of the facilities will be the obligation of the Developer. As such, a City
approved stormwater operation and maintenance agreement will be required from the
Developer and approved by the City to ensure future operation and maintenance of the
facility. See the Public Works Standard forms.
• Engineered Plans – With the application for any Building Permit, the Developer shall
submit to the City for review and approval engineered stormwater conveyance, quality,
and quantity plans, stormwater analysis and report, and an O&M plan and agreement
conforming to Public Works Standards, and meeting the requirements of the Building
Official.
Erosion and Sediment Control
• Erosion and Sediment Control Plan – With the application for any Building Permit, an
erosion and sediment control plan shall be submitted for review for any site grading or
earth disturbing activities in accordance with PWDS 610.01.
Franchise Utilities
• Franchise Utility Improvements – All franchise utility improvements, including but not
limited to, telephone, electrical power, gas and cable TV shall meet the current
standards of the appropriate agency as well as Public Works Standards.
Recommended Public Works Conditions of Approval
1. The City of Stayton Standard Conditions of Approval shall apply. All required easements,
agreements, and other documentation required by the Planning Conditions of Approval,
SMC, PWDS and other agencies having jurisdiction over the work shall be provided to
MEMORANDUM
EVERGREEN 2-LOT PARTITIONING OF TL1100 PAGE 6 OF 6
APPLICATION REVIEW (4-17-20)
the City for review and approval with the application for any Building Permit and prior
to issuance of a Site Development Permit.
2. The following engineered plans and supporting documentation shall be submitted to the
City for review and approval with the application for any Building Permit and prior to
issuance of a Site Development Permit.
a. Site and street improvement plans conforming to Public Works Standards. The
existing substandard sidewalks along the frontage of N. Evergreen Avenue will
need to be removed and replaced at the time of construction of new homes on
the two parcels. The new driveway approaches along N. Evergreen Avenue shall
comply with the PWDS.
b. Water system plans conforming to Public Works Standards and meeting the
requirements of the Building and Fire Code Official. Prior to Site Development
Permit final plan approval, the Developer shall provide written documentation
that the Fire Code Official has reviewed and approved all required private fire
access, protection devices, and system modifications, unless otherwise deferred
in writing by the Fire Code Official.
c. Sanitary sewer system plans conforming to Public Works Standards and meeting
the requirements of the Building Official.
d. A stormwater analysis conforming to Public Works Standards. Careful review
and consideration of the area’s seasonal high groundwater impacts will need to
be included in the analysis as applicable.
e. Stormwater conveyance, quality, and quantity facility plans conforming to Public
Works Standards and meeting the requirements of the Building Official. It shall
be the responsibility of the Developer to provide an acceptable point of
discharge for stormwater from the development which will not harm or
inconvenience any adjacent or downstream properties and that conforms to
Public Works Standards. An acceptable point of discharge is to be designed by
the Design Engineer and approved by the City.
f. A stormwater operation and maintenance plan and agreement (as approved by
the City) to ensure future operation and maintenance of the stormwater
management facilities.
g. An erosion and sediment control plan for the site grading and earth disturbing
activities conforming to Public Works Standards.
Planning Commission Order of Approval, Land Use File #3-04/20
NSSD Partitioning
Page 1 of 10
BEFORE THE STAYTON PLANNING COMMISSION
In the matter of ) Partitioning
the application of ) Land Use File
North Santiam School District 29J, ) #3-04/20
Applicant )
ORDER OF CONDITIONAL APPROVAL
I. NATURE OF THE APPLICATION
The application is to divide an existing parcel into two parcels.
II. PUBLIC HEARING
A public hearing was held on the application before the Stayton Planning Commission on April 27,
2020. At that hearing the Planning Commission reviewed Land Use File #3-04/20, application for
partitioning, and it was made part of the record.
III. FINDINGS OF FACT
The Stayton Planning Commission, after careful consideration of the testimony and evidence in the
record adopts the following findings of fact:
A. EXISTING CONDITIONS
1. The Clarence J Adams Living Trust is the owner.
2. The North Santiam School District 29J, who has an executed sales agreement, is the applicant.
3. The property is tax lot 1100 Township 9, Range 1 West of the Willamette Meridian, Section
10CD.
4. The property is zoned Low Density Residential (LD).
5. The property is an unaddressed lot located in the 400 block of N Evergreen Ave.
6. The property is 26,880 square feet in area and has 174 feet of frontage on N Evergreen Ave.
7. The property is currently vacant.
8. The surrounding property to the east is zoned LD and is developed with a single family dwelling.
The property to the south is zoned LD and is developed with a single family dwelling. To the
west, across N Evergreen Ave, one property is zoned LD and developed with a single family
dwelling and one property is a small portion of the vacant property that was part of the NORPAC
Inc, facilities. The property to the north is zoned LD and is developed with a single family
dwelling.
B. PROPOSAL
The proposal is to divide the existing parcel into two parcels. Each parcel will have approximately
87 feet of frontage on N Evergreen Ave and be approximately 13,440 square feet in area.
C. AGENCY COMMENTS
The following agencies were notified of the proposal: City of Stayton Public Works, WAVE
Broadband, Stayton Telephone Cooperative, Pacific Power & Light, NW Natural Gas, Stayton Fire
Planning Commission Order of Approval, Land Use File #3-04/20
NSSD Partitioning
Page 2 of 10
District, Santiam Water Control District, Marion County Public Works, Marion County Planning
Division, North Santiam School District and the Stayton Police Department.
Review comments were received from the Stayton Public Works Department through the City’s
Engineer. Those comments are reflected in the findings below. A response from Pacific Power,
indicating they are not impacted was also received.
D. PUBLIC COMMENTS
The Planning Department has received no public comments on this application prior to the hearing.
E. APPROVAL CRITERIA
Partitioning applications are required to satisfy approval criteria contained within Stayton Municipal
Code (SMC) Chapter 17, Section 17.24.040.6, Preliminary Plan Approval Criteria and 17.24.050
Design Standards for Subdivisions and Partitions.
Pursuant to SMC 17.24.040.6 the following criteria must be demonstrated as being satisfied by the
application:
b. Adequate urban services are available to the property.
Finding: There is an 8-inch water line on the west side of N Evergreen Ave.
There is a 10-inch sewer main on the east side of N Evergreen Ave.
There is a 10-inch storm drain line on the west side of N Evergreen Ave. There is a catch basin
on the east side of N Evergreen Ave feeding an 8-inch storm drain line to a catch basin on the
west side of the street and the 10-inch line.
c. The proposed parcels, lots, or roads are compatible with the existing pattern of development in
the area.
Finding: The developed residentially zoned lots in the area range in size from 8,069 square feet
to 55,233 square feet in area. The plan proposes the creation of two 13,400-square foot parcels.
d. All streets shall be in a location and have a right of way and traveled way width in accordance
with in the City’s Transportation Plan.
Finding: No new streets are proposed with this application. N Evergreen Ave is designated as a
Residential Local Street in the adopted Transportation System Plan. The designated right of way
width for N Evergreen Ave is 60 feet. The existing right of way is 40 feet wide. The Public
Works Department has indicated that, dedication of an additional 10 feet of right of way is
required, with a 10-foot public utility easement behind the new right of way line. N Evergreen
Ave is currently improved with 30 feet of travel way, curb, gutter and sidewalk. In front of the
subject property there is an existing four-foot curbside sidewalk. The Public Works Department
has indicated that no street improvements are required, but that the sidewalk will need to be
replaced with a 5-foot wide curbside sidewalk at the time of construction of the homes.
e. The design standards of Section 17.24.050 below are satisfied as well as the access management
standards in Section 17.26.020.
Findings: See the Findings below regarding Section 17.24.050 and 17.26.020.
Planning Commission Order of Approval, Land Use File #3-04/20
NSSD Partitioning
Page 3 of 10
f. The plan complies with the provisions of the Comprehensive Plan and the zoning district(s) in
which it is or will be located.
Findings: The LD zone requires an 8,000 square foot minimum lot size with a minimum of 80
feet of frontage. The proposal is create two lots with approximately 13,400 square feet of lot
area and 87 feet of frontage.
g. All applicable standards of Chapter 17.20 are satisfied.
Findings: There are no standards of Chapter 17.20 applicable to this partitioning.
h. All applicable standards of 17.20.180 shall be met and the applicant shall obtain any necessary
permits from the Department of State Lands for appropriate mitigation.
Finding: There are no identified wetlands on this property.
i. The name of any proposed subdivision shall not be the same as or similar to any name used on a
recorded plat or subdivision in Marion County, except for the use of suffixes such as “town,”
“place,” “court,” “addition” or similar generic terms, unless the land platted is contiguous to
and platted by the same party that platted the subdivision bearing that name or unless the party
files and records the consent of the party that platted the subdivision bearing that name. All plats
must continue the block numbers of the plat of the same name last filed. A name shall not be
required for a major partitioning.
Findings: As a partition, there is no name.
j. Compliance exists with the provisions of ORS 92.090 as amended.
Finding: The applicable provisions of ORS 92.090 are that a tentative plan for a proposed
partition shall not be approved unless the streets and roads are laid out so as to conform to the
plats of subdivisions and partitions already approved for adjoining property as to width, general
direction and in all other respects; streets and roads held for private use are clearly indicated on
the tentative plan and all reservations or restrictions relating to such private roads and streets are
set forth thereon; and the tentative plan complies with the applicable zoning ordinances and
regulations and the ordinances or regulations adopted under ORS 92.044. There are no streets
proposed as part of the partitioning. The LD zone establishes an 8,000 square foot minimum lot
size with a minimum of 80 feet of frontage. The proposal is create two lots with approximately
13,400 square feet of lot area and 87 feet of frontage.
k. When any portion of a subdivision or partition is within 100 feet of the North Santiam River or
Mill Creek or within 25 feet of the Salem Ditch, the proposed project will not have an adverse
impact on fish habitat.
Finding: The subject property is not within 100 feet of the North Santiam River or Mill Creek or
within 25 feet of the Salem Ditch.
Section 17.24.050 Design Standards for Partition Preliminary Plans. Pursuant to SMC 17.24.050
the following criteria and objectives must be demonstrated as being satisfied by the application for
preliminary plan approval of a partitioning:
1. STREETS.
a. Streets shall be in alignment with existing streets in the vicinity of the proposed subdivision,
either by prolongation of existing centerlines or by connection with suitable curves. Streets
Planning Commission Order of Approval, Land Use File #3-04/20
NSSD Partitioning
Page 4 of 10
shall conform to the location, alignment, and width as indicated on the official map of streets
known as the Future Street Plan in the adopted Stayton Transportation System Plan
.
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b. Streets should intersect at or near right angles as practicable, and in no case shall the angle
of intersection exceed 120 degrees.
c. The criteria of a and b above may be modified where the applicant can demonstrate to the
decision authority that the topography, or the small number of lots involved, or any other
unusual conditions justify such modification.
d. Bikeways and pedestrian ways shall be required in accordance with the City of Stayton Non-
Motorized Plan in the adopted Stayton Transportation System Plan.
e. Concrete curbs and concrete sidewalks shall be installed on all streets. The location and
width of sidewalks shall be determined by the decision authority. In making such
determination, the decision authority shall take into consideration the topography of the
land, the presence of improvements, trees or other plantings, the type of street, and the
location of sidewalks, if any, in adjacent areas or subdivision.
In residential neighborhoods, sidewalks shall be placed along the property line whenever
possible. In all cases, sidewalks shall be placed 1 foot from the property line on arterial and
collector streets.
Findings: No new streets are proposed. The Non-Motorized Plan does not call for any non-
motorized facilities near this property.
The Public Works Department has noted that the existing sidewalks do not meet the width
requirements, are in poor condition, and do not meet ADA standards. The Public Works
Department has recommended that the sidewalks be replaced across the frontage of the entire
parcel.
2. DEDICATION OF A RIGHT-OF-WAY. If a parcel of land to be divided includes any portion of
a right-of-way or street, the preliminary plan shall show where such right-of-way or street will
be dedicated for the purpose or use proposed.
Findings: N Evergreen Ave is designated as a Residential Local Street in the adopted
Transportation System Plan. The designated right of way width for N Evergreen Ave is 60 feet.
The existing right of way is 40 feet wide. The Public Works Department has indicated that,
dedication of an additional 10 feet of right of way is required, with a 10-foot public utility
easement behind the new right of way line. N Evergreen Ave is currently improved with 30 feet
of travel way, curb, gutter and sidewalk. In front of the subject property there is an existing four-
foot curbside sidewalk. The Public Works Department has indicated that no street improvements
are required, but that the sidewalk will need to be replaced with a 5-foot wide curbside sidewalk
at the time of construction of the homes.
3. DEAD-END STREETS AND CUL-DE-SACS. When it appears necessary to continue a street into
a future subdivision or adjacent acreage, streets shall be dedicated or platted to the boundary of
a division without a turn-around. In all other cases, dead-end streets and cul-de-sacs shall have
a turn-around with a radius of not less than 45 feet to the property line. Unless otherwise
approved by the decision authority, the length of the street to the cul-de-sac bulb shall not
exceed 450 feet in length.
Findings: No dead-end streets are proposed.
Planning Commission Order of Approval, Land Use File #3-04/20
NSSD Partitioning
Page 5 of 10
4. RESERVE BLOCK.
a. Reserve blocks controlling the access to public ways or which will not prove taxable for
special improvements may be required by the decision authority, but will not be approved
unless such strips are necessary for the protection of the public welfare or of substantial
property rights, or both, and in no case unless the land comprising such strips is placed in
the name of the City for disposal and dedication for street or road purposes whenever such
disposal or dedication has the approval of the decision authority.
b. In no case shall a reserve block be platted along a street that is dedicated to the required full
width.
Findings: No reserve blocks are proposed.
5. STREET WIDTHS.
a. The location, width, and grade of all streets must conform to any approved transportation
master plan or recorded subdivision plat. Where the location of a street is not shown in an
approved street plan, the arrangement of streets in a development shall either provide for the
continuation or appropriate projection of existing principal streets in the surrounding areas
or conform to a plan for the neighborhood approved or adopted by the City to meet a
particular situation where topographical or other conditions made continuance or
conformance to existing streets impractical or where no plan has been previously adopted.
b. In addition, new streets may be required to be located where the City Engineer determines
that additional access is needed to relieve or avoid access deficiencies on adjacent or nearby
properties. In determining the location of new streets in a development or street plan,
consideration shall be given to maximizing available solar access for adjoining development
sites.
c. When an area within a subdivision is set aside for commercial uses or where probable future
conditions warrant, the decision authority may require dedication of streets to a greater
width than herein otherwise provided.
d. The street right-of-way in or along the boundary of a subdivision shall have the minimum
width as specified in Standard Specifications for Public Works Construction, Section 300 -
Street Design Standards, 2.07, except a boundary street may be half such width where it is
apparent that the other half will be dedicated from adjacent properties.
Temporary dead-end streets. Dead-end streets that may in the future be extended shall have
a right-of-way and pavement width that will conform to the development pattern when
extended.
e. Additional Right-of-Way Widths.
1) Where topographical requirements necessitate either cuts or fill for the proper grading of
streets, additional right-of-way width may be required to allow all cut and fill slopes to
be within the right-of-way.
2) Where bikeways necessitate, additional right-of-way width may be required.
Findings: No new streets are proposed. N Evergreen Ave is designated as a Residential Local
Street in the adopted Transportation System Plan. The designated right of way width for N
Evergreen Ave is 60 feet. The existing right of way is 40 feet wide. The Public Works
Planning Commission Order of Approval, Land Use File #3-04/20
NSSD Partitioning
Page 6 of 10
Department has indicated that dedication of an additional 10 feet of right of way is required, with
a 10-foot public utility easement behind the new right of way line. N Evergreen Ave is currently
improved with 30 feet of travel way, curb, gutter and sidewalk. In front of the subject property
there is an existing four-foot curbside sidewalk. The Public Works Department has indicated
that no street improvements are required, but that the sidewalk will need to be replaced with a 5-
foot wide curbside sidewalk at the time of construction of the homes.
6. SUBDIVISION BLOCKS.
a. Block lengths and widths shall be determined by giving consideration to the following
factors:
1) The distance and alignment of existing blocks and streets.
2) Topography.
3) Lot size.
4) Need for and direction of the flow of through and local traffic.
b. Block length and perimeter standards are specified in Section 17.26.1020.5.c.
c. Except where topographical or other physical features require otherwise, block widths shall
not be less than 180 feet.
Findings: The application is for a partitioning. No blocks will be created.
7. MID-BLOCK WALKS. Where topographical or other conditions make necessary blocks of
unusual length, the decision authority may require the developer to install mid-block pedestrian
walks on a right-of-way at least 6 feet in width, which shall be hard surfaced throughout the
block, and curb to curb, in order to provide easy access to schools, parks, shopping centers,
mass transportation stops, or other community services.
Findings: The application is for a partitioning. No blocks will be created.
8. LOT SIZE, LOT LINES.
a. Lot sizes shall be as specified in the zoning district in which the land division is being
proposed.
b. If topography, drainage, location, or other conditions justify, the decision authority may
require greater area and frontage widths on any or all lots within a subdivision, or it may
allow smaller area or front line widths if the surrounding area and other conditions justify
such requirements.
c. In a cul-de-sac, the minimum lot line fronting the turn-around shall be 40 feet, and in no case
shall the lot width be less than 60 feet at the building line.
d. Side lot lines shall be as close to right angles to the front street as practicable.
e. Unless otherwise approved, rear lot lines shall be not less than ½ the width of the front lot
lines.
f. The subdividing or partitioning of developed property shall not create lots or parcels that are
in violation of the dwelling density limitations of the underlying zone.
Planning Commission Order of Approval, Land Use File #3-04/20
NSSD Partitioning
Page 7 of 10
Findings: The LD zone requires an 8,000 square foot minimum lot size with a minimum of 80
feet of frontage. The proposal is create two lots with approximately 13,400 square feet of lot
area and 87 feet of frontage. Lot side lines are approximately perpendicular to the front lot lines.
9. PUBLIC SURVEY MONUMENTS. Any donation land claim, corner, section corner, or other
official survey monument within or on the boundary of a proposed subdivision shall be
accurately referenced to at least two monuments.
Findings: There are no public survey monuments on the parcel.
10. SEWAGE DISPOSAL.
a. All extensions of the existing City sewage facilities shall be in accordance with the adopted
Wastewater Master Plan. Sewer mains shall be extended to the edge of the subdivision unless
otherwise approved by the Public Works Director.
b. If adequate public sewage facilities are not available to the parcel of land proposed for
subdivision, or if extension of the existing City sewage facilities to serve the buildings to be
constructed in the proposed subdivision does not appear practical and economically feasible
because of topographic or other considerations, and if all lots in a subdivision are of proper
size and soil conditions are suitable, as determined by percolator or other tests made by or
approved by the health officer having jurisdiction, the City may allow individual sewage
disposal facilities approved by the health officer to be installed on each lot when and as
buildings are erected thereon.
Findings: No sewer extension is proposed.
11. PUBLIC USE AREAS.
a. Subdivision and partition preliminary plans shall provide a minimum of 5% of the gross area
of the subdivision or partition as public recreation area.
b. Such public recreational area shall have access to a public street, and the decision authority
may specify the location of such area to be compatible with existing or anticipated
recreational development.
c. As an alternative to subsection a. of this section, in cases where such recreational area
would not be effectively used because of size or the location of the subdivision or partition,
or where agreed upon by the decision authority, the developer shall pay to the City a fee,
earmarked for recreational use and development.
Findings: There are no proposed public use areas with this partition and no parks planned for the
area in the Parks Master Plan.
12. WATER SUPPLY.
a. All lots shall be served from the established public water system of the City or, if permitted
by the decision authority, from community or public wells, of which the water quality and
system maintenance shall be in accordance with the requirements of the Oregon Board of
Health or the county health officer.
b. In the event that larger lines are deemed necessary by the City for service to adjoining areas
than what would normally be required to serve the area to be subdivided, the City will pay
Planning Commission Order of Approval, Land Use File #3-04/20
NSSD Partitioning
Page 8 of 10
the additional costs of such larger lines based on the current rate schedule adopted by the
City.
Findings: There is an 8-inch water line on the west side of N Evergreen Ave.
13. UNDERGROUND UTILITIES.
a. All permanent utility service to lots in a subdivision shall be provided from underground
facilities and no overhead utility service to a subdivision shall be permitted with the
exception of poles used exclusively for street lighting and other equipment appurtenant to
underground facilities that the utility companies have indicated in writing that there would
be impractical difficulty to install underground.
b. The subdivider shall provide underground electricity and telephone service and wiring for
future street lighting. The subdivider shall also provide such present street lighting, gas lines,
and cable television or other data transmission lines as are available within 500 feet of the
proposed subdivision.
Findings: The application is for a partitioning.
Section 17.26.060 Access Management Requirements and Standards. The following are the
applicable sections of Section 17.26.020:
17.24.020.3.h Access Spacing Standards. The driveway separation requirements in Table
17.26.020.3.h apply only on corner lots.
Findings: The proposed parcels will not be corner lots.
IV. CONCLUSION
Based on the findings of fact above, the Planning Commission concludes that the approval criteria in
Sections 17.24.040.6, 17.24.050, and 17.26.020 are met except for the following:
1. Section 17.24.050.5. The Public Works Department noted that N Evergreen Ave does not
have the required right of way width for a Residential Local Street and that the existing
sidewalks do not meet the minimum width requirements and ADA standards. The City
Engineer recommended the Final Plat include a 10-foot wide Public Utility Easement along
the east side of N Evergreen Ave along the entire frontage of the partitioning. This standard
could be met if the final plat is revised to dedicate 10 feet of additional right of way for N
Evergreen Ave and provides a 10-foot wide public utility easement along the east side of N
Evergreen Ave.
V. ORDER AND CONDITIONS OF APPROVAL
The Planning Commission approves the application as shown on the preliminary plan entitled
“Preliminary Partition Plat Clarence J Adams Trust” dated March 31, 2020 prepared by Alan Kirby and
the accompanying materials on file in the Planning and Development Department subject to the attached
standard conditions of approval with the following conditions of approval.
Planning Commission Order of Approval, Land Use File #3-04/20
NSSD Partitioning
Page 9 of 10
1. With the submittal of the final plat for approval, revise the final plat to
a. Include a dedication of 10 feet of additional right of way for N Evergreen Ave.
b. Provide and show on the final plat a 10-foot wide public utility easement along the frontage
of both parcels on N Evergreen Ave.
2. The following engineered plans an supporting documentation shall be submitted to the Public
Works Department for review and approval with the application for any Building Permit on the
parcels established by this partitioning:
a. Site and street improvement plans conforming to Public Works Standards. The existing
substandard sidewalks along the frontage of N. Evergreen Avenue will need to be removed
and replaced at the time of construction of new homes on the two parcels. The new driveway
approaches along N. Evergreen Avenue shall comply with the PWDS.
b. Water system plans conforming to Public Works Standards and meeting the requirements of
the Building and Fire Code Official. Prior to Site Development Permit final plan approval,
the Developer shall provide written documentation that the Fire Code Official has reviewed
and approved all required private fire access, protection devices, and system modifications,
unless otherwise deferred in writing by the Fire Code Official.
c. Sanitary sewer system plans conforming to Public Works Standards and meeting the
requirements of the Building Official.
d. A stormwater analysis conforming to Public Works Standards. Careful review and
consideration of the area’s seasonal high groundwater impacts will need to be included in the
analysis as applicable.
e. Stormwater conveyance, quality, and quantity facility plans conforming to Public Works
Standards and meeting the requirements of the Building Official. It shall be the responsibility
of the Developer to provide an acceptable point of discharge for stormwater from the
development which will not harm or inconvenience any adjacent or downstream properties
and that conforms to Public Works Standards. An acceptable point of discharge is to be
designed by the Design Engineer and approved by the City.
f. A stormwater operation and maintenance plan and agreement (as approved by the City) to
ensure future operation and maintenance of the stormwater management facilities.
g. An erosion and sediment control plan for the site grading and earth disturbing
activities conforming to Public Works Standards.
VI. OTHER PERMITS AND RESTRICTIONS
The applicant is herein advised that the use of the property involved in this application may require
additional permits from the City or other local, state or federal agencies.
The City of Stayton land use review and approval process does not take the place of, or relieve the
Applicant of responsibility for acquiring such other permits, or satisfy any restrictions or conditions
there on. The land use permit approval herein does not remove, alter, or impair in any way the
covenants or restrictions imposed on this property by deed or other instrument.
Planning Commission Order of Approval, Land Use File #3-04/20
NSSD Partitioning
Page 10 of 10
VII. EFFECTIVE DATE
This decision regarding the subdivision application is final, but shall not become effective until the 15th
day after the mailing of the Notice of Decision in this case, and then only if no appeal to the Stayton
City Council is timely filed. In the event of a timely appeal to the City Council, this decision shall not
become effective until the appeal is finally resolved, including any appeals from the decision of the City
Council to the Oregon Land Use Board of Appeals.
Subject to the Effective Date of this decision set forth herein, the land use approval granted by this
decision shall also be effective only when the exercise of the rights granted herein is commenced within
one year of the effective date of the decision. In case such right has not been exercised or extension
obtained, the approval shall be void. A written request for an extension of time may be filed with the
Director of Planning and Development at least 30 days prior to the expiration date of the approval.
VIII. APPEAL DATES
The Planning Commission’s action may be appealed to the Stayton City Council pursuant to Stayton
Municipal Code Section 17.12.110 APPEALS within 14 days of the notice of decision.
_____________________________ _________________
Ralph Lewis, Chairperson Date
_____________________________________ _________________
Dan Fleishman, Date
Planning & Development Director
City of Stayton Standard Conditions of Approval for Land Use Applications Page 1 of 3
Standard Conditions of Approval for Land Use Applications
General
1. Approved Land Use Plans - Minor variations to the approved land use plans shall be permitted
provided the development substantially conforms to the submitted land use plans, conditions of
approval, and all applicable standards contained in the Stayton Municipal Code (SMC) and City of
Stayton Public Works Standards. The applicant shall be responsible for all costs relating to the
development, including the design and construction of any required public improvements identified
for the project in the approved land use plans, the conditions of approval, the SMC, and Public
Works Standards.
2. City Approvals - The applicant shall obtain any and all required reviews, approvals, and permits
from the City prior to construction of the project.
3. Change in Use - Any change in the use of the premises from that identified in the application shall
require the City Planner to determine that the proposed use is an allowed use and that adequate
parking is provided for the development.
4. Landscaping - The applicant shall remain in substantial conformance to the approved landscaping
plan and follow the criteria established in SMC 17.20.090 for maintenance and irrigation. Dead
plants shall be replaced within six months with a specimen of the same species and similar size class.
Prior to Engineered Plan Approval
5. Design Standards - All public and privately financed public improvements within the project shall
be prepared, signed, and stamped by a Professional Engineer registered in the State of Oregon and
shall be designed to the most current edition of the Public Works Standards plus the requirements of
the SMC in effect at the time the engineered plans are submitted. (SMC 12.08.310.1)
6. Engineered Plans - The applicant’s design engineer shall submit engineered plans for review and
approval of all required public improvements identified for the project in the approved land use
plans, the conditions of approval, the SMC and Public Works Standards. Engineered plans shall be
reviewed by the City and signed approved by the City Engineer or Public Works Director, prior to
issuance of City permits. All conditions of approval for the project will need to be met to the
satisfaction of the City Planner and Public Works Director prior to approval of the engineered plans.
7. Surveys – Surveys for public improvements shall be performed under the direction of a Professional
Land Surveyor registered in the State of Oregon.
8. Utility Coordination - Utility companies and public agencies as applicable shall be notified early in
the design process and in advance of construction to coordinate all parties impacted by the
construction.
9. Agency Approvals - The applicant shall obtain any and all required reviews, approvals, and permits
from all City, State and Federal agencies having jurisdiction over the work. This may include, but is
not limited to, the City, Marion County, DEQ, OHA-DWS, DSL, Fire Code Official, Building Code
Official, etc. Written documentation of all required agency approvals as applicable shall be
submitted to the City prior to approval of the engineered plans.
Prior to Construction
10. Developer Agreement – Where public improvements are required, the applicant shall submit to the
City an approved (by City Attorney) Developer-Engineer-City Agreement signed and notarized by
the applicant and the design engineer, or a signed Developer-Engineer of Record Agreement (for
City of Stayton Standard Conditions of Approval for Land Use Applications Page 2 of 3
minor privately financed public improvements) signed by the applicant and the design engineer,
prior to issuance of City permits.
11. Permits, Insurance, and Indemnification – All required permits, insurance, and indemnification
shall be obtained by the applicant and provided to the City in accordance with the Public Works
Standards prior to construction. A 1200C permit shall be secured by the applicant if required under
the rules of the Oregon State DEQ.
12. Design Engineer’s Estimate – Where public improvements are required, an estimate performed by
the design engineer of the total estimated project cost shall be provided to the City for review and
acceptance. This is needed to determine the amount of bonding required for the project.
13. Performance Bond - Where public improvements are required, a performance bond, or other form
of performance guarantee acceptable to the City Manager and City Attorney, is required to be in
place, prior to issuance of City permits. The applicant shall provide a performance bond in the
amount of 125% of the total estimated project cost in accordance with the Public Works Standards.
The performance bond shall be in a form acceptable to the Public Works Director.
14. Pre-Construction Conference - Where public improvements are required, a pre-construction
conference shall be held prior to construction in accordance with the Public Works Standards.
During Construction and Project Completion
15. Construction Specifications - Where public improvements are required, all public and privately
financed public improvements within the project shall be constructed to the most current edition of
the Public Works Standards plus the requirements of the SMC in effect at the time the engineered
plans are submitted. (SMC 12.08.310.1)
16. Construction Inspection- Where public improvements are required, all public improvements shall
be inspected by the design engineer, or a qualified individual under their supervision, in accordance
with the Public Works Standards to assure the construction is following the approved engineered
plans. At least three days prior to construction, the applicant shall notify the Public Works Director
in writing of the date when the applicant proposes to commence construction. The written
notification shall include the name and phone number of the contracting company and the
responsible contact person. Any supplemental inspection by the City does not relieve the applicant
or the design engineer of providing the required inspection.
17. Project Completion - Where public improvements are required, the public improvements and
public utilities shall be fully constructed and a project completion report that certifies to the City that
the project was constructed according to the approved plans and specifications and that the correct
required testing and inspections were satisfactorily performed shall be provided by the design
engineer in accordance with the Public Works Standards. Unless the required public improvements
are deferred under a non-remonstrance or other agreement approved and signed by the City, a notice
of final completion and provisional acceptance of the public improvements is to be provided by the
City to the applicant following the completion of construction, prior to the recording of the final plat
and prior to any building permit applications being accepted or issued. Construction items must be
completed within a specified period of time provided in the approval letter or the approval of any
additional building permits will be withdrawn by the City.
18. Warranty Bond - Where public improvements are required, after completion and provisional
acceptance of the public improvements by the City, the applicant shall provide a 1-year warranty
bond in the amount of 30% of the performance bond amount in accordance with the Public Works
Standards. The warranty bond shall be in a form acceptable to the Public Works Director.
City of Stayton Standard Conditions of Approval for Land Use Applications Page 3 of 3
19. Record Drawings - Where public improvements are required, the applicant shall submit to the City,
reproducible record drawings and an electronic file of all public improvements constructed during
and in conjunction with the project within three months of the completion of construction. Field
changes made during construction shall be drafted on the plans in the same manner as the original
plans with clear indication of all modifications (strike out old with new added beside). Record
drawings shall be submitted prior to provisional acceptance of the construction, initiating the one-
year maintenance period.
20. Warranty Bond Release and Final Acceptance – Where public improvements are required, the
release of the warranty bond and final acceptance of the public improvements will be in accordance
with SMC 12.04.310 and the Public Works Standards
21. SDCs and Other Utility Fees - Systems Development Charges and other utility fees (Mill Creek
Sewer Interceptor, etc.) as applicable, will be applied to the project at the time of issuance of a
building permit.
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April 27 2020 (City of Stayton)

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Completed 9 August 2020

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