HomeMy WebLinkAboutPublic Comment Received at HearingAM
WPIanning
Memorandum
Date: November 4, 2015
To: Kenneth Helm, Eugene Hearings Official
From: Erik-Berg Johansen, Assistant Planner, (541) 682-5437
Subject: Chamotee Trails PUD (PDT 15-1; ARA 15-13)
The applicant's legal representative, Bill Kloos, submitted a "hearing statement" to the Hearings
Official on November 3rd, 2015. First, Mr. Kloos argues that staff is recommending "the 19-Lot
Rule" to be applied "contrary to its terms." More specifically, Mr. Kloos debates that a "public
local street" is a "public local street," whether it is improved or unimproved. This is a reasonable
assumption, and in fact, staff agrees with Mr. Kloos. We are not saying that West Amazon Drive is
not a public local street. However, this does not change the fact that a portion of West Amazon
Drive will be unusable for vehicle traffic. The unimproved portion of West Amazon Drive will
preclude the PUD from being able to disperse traffic onto more than one public local
street. Thus, the criterion is not satisfied. Staff would also like to mention that in the past the
Homebuilders Association (working with Mr. Kloos) challenged various Needed Housing
approval criteria at the time of adoption as not being "clear and objective." Interestingly, the
Homebuilders did not include EC 9.8325(6)(c) (the 19-Lot Rule) in those prior legal challenges.
Second, Mr. Kloos states that "The City may not apply a standard [the 19 Lot Rule] that is clear
and objective but is so stringent as to make development approval unobtainable." As an example,
he uses an argument that prevailed in the "Home Builders" decision where LUBA agreed that an
approval criterion related to negative impacts on natural drainage courses is impossible to
meet. In that case, LUBA agreed that "no PUD could possibly comply with LUCU 9.8325(10)." Mr.
Kloos takes that proposition and morphs it into an assertion that the 19-Lot Rule cannot be
applied because it is impossible for "this applicant" to meet. EC 9.8325(6)(c) is not impossible
for "any PUD" to meet; accordingly, Mr. Kloos' reference to this Homebuilder's case is irrelevant.
Further, LUBA provided the following in their decision in Shamrock Homes, LLC v. City of
Springfield, 68 Or LUBA 1 (2013):
Fn7 on page 22: Petitioner also argues that, if the city applies needed housing site design
review standards that are not clear and objective, the city cannot count any lands subject to
such standards toward its Goal 10 inventory of buildable lands. Petition for Review 37. We
do not understand the argument. If the city adopts unclear or subjective standards for
needed housing, or it applies unclear or subjective standards to approve or deny needed
City of Eugene • 99 W. 10th Ave. • Eugene, OR 97401 • 541-682-5481 • 541-682-5572 Fax
www.eugene-or. gov/plan n in g
Chamotee Trails PUD (PDT 15-1; ARA 15-13)
housing, doing so may violate ORS 197.307(4), but that violation would not affect the city's
acknowledged inventory of buildable land required under Goal 10 and ORS 197.296. The
apparent source of authority for that argument is Opus, which was a Goal 9 case, involving
distinguishable circumstances. Earlier in this opinion, we rejected petitioner's overreliance
on Opus with respect to Goal 9 issues, and here we reject petitioner's attempt to overextend
Opus to ORS 197.307(4) issues.
Here, it is worth mentioning LUBA's indication that it does not agree with Mr. Kloos' prior
arguments that any land that cannot be built upon based on clear and objective standards must
be removed from the Goal 10 inventory of buildable lands.
Third, Mr. Kloos argues that the "plain language of [EC 9.8325(3)] prohibits any development of
the site." Similar to the 19-lot rule, the Homebuilders did not challenge this provision in their
appeal of the City's land use code update at the time of adoption. The applicant's site plans show
the required vegetative buffer, and staff simply found that the criterion is met (as confirmed in
the staff report). The standard must be read so as not to lead to an absurd result. Mr. Kloos'
argument, that a landscape buffer with no means of access would preclude any development on
the site, would render the criterion meaningless and lead to an absurd result.
Finally, Mr. Kloos' issue regarding fences along the outer perimeter of the required landscape
buffer would challenge a decision that was made previously by the Planning Commission
(overruling the Hearings Official). The Planning Commission's decision on this matter was
ultimately affirmed by LUBA. As a result, staff suggest that the Hearings Official should not make
that mistake twice. In the event that the Hearings Official deems it appropriate, and if the
application is approved, staff would recommend that a condition of approval be added to ensure
that any fences on the future lots may only be located on the inside of the required landscape
buffer, not on its outer perimeter.
City of Eugene • 99 W. 10th Ave. • Eugene, OR 97401 • 541-682-5481 • 541-682-5572 Fax
www.eugene-or. gov/plan n in g
0 E 1~-
Renee C
From: GORDON Gilbert <ggordon@springfield-or.gov>
Sent: Wednesday, November 04, 2015 1:23 PM F,eceive d in Fijtlic 1-i°aring
To: Renee C C[Lv of Fugene Planning a Development
Cc: BERG-JOHANSEN Erik (Erik.Berg@ci.eugene.or.us) NOV 4 2015
Subject: RE: PDT15-1 (Chamotee Trails PUD)
File r DT IS-
Exhibit
Hello, Rene!
Yes, I did the staff report for the fire department as you surmised. It is correct in that there is an
exception in 2014 Eugene Fire Code (basically Oregon/International Fire Code language that both
cities adopted without amending).
Appendix D, Section D107.1, Exception 1 states that "Where there are more than 30 dwelling units on
a single public or private fire apparatus access road and all dwelling units are equipped throughout
with an approved automatic sprinkler system in accordance with Section 903.3.1.1 (basically NFPA
13), 903.3.1.2 (NFPA 13R) or 903.3.1.3 (NFPA 13D) of the International Fire Code, access from two
directions shall not be required."
Having noted that exception, keep in mind that the hearings official will still probably lean toward the
Eugene Code language (Section 9.8325(6)(c)) which is even more restrictive than the fire code and
does not take automatic fire sprinklers into account. Also, the need for evacuation in that wildland
urban interface zone becomes paramount. Since the number of existing dwellings served on that
portion of West Amazon Drive already exceeds the limits established by the Eugene Code for a dead
end road, the hearings official will most likely take that into consideration when considering the
Chamotee Trails proposal.
Good luck with the hearing tonight!
Gilbert
Gilbert R. Gordon
Deputy Fire Marshal
Eugene-Springfield Fire
225 Fifth Street
Springfield, Oregon 97477
Office Phone: 541-726-2293
ggordon(c)-springfield-or.gov
Fr : Renee C [mailtoereneec@branchengineering.com]
en : Wednesday, November 04, 2015 8e38 A
To. GORDON Gilbert
Cc. Bill Kloos
Subject: PDT15-1 (Charmotee Trails PUD)
Renee Clough, PL S, PE, AIC
Principal
BRANCH ENGINEERING, C.
310 Sth Street, Springfield, OR 97477
p: 5410740.063 x104 c0 541.510.9069
www.branchengineering.com
Eugene-Springfield OR I Salem-Keizer OR
2
APPENDIX D
FIRE APPARATUS ACCESS ROADS
The provisions contained in this appendix are adopted by the State of Oregon.
SECTION D101
GENERAL
1)101.1 Scope. Fire apparatus access roads shall be in accor-
dance with this appendix and all other applicable require-
ments of the International Fire Code. The fire code official
may be guided by the Oregon Department of Land and Con-
servation and Development's Neighborhood Street Design
Guidelines, June 2001.
SECTION D102
REQUIRED ACCESS
D102.1 Access and loading. Facilities, buildings or portions
of buildings hereafter constructed shall be accessible to fire
department apparatus by way of an approved fire apparatus
access road with an asphalt, concrete or other approved driv-
ing surface capable of supporting the imposed load of fire
apparatus weighing at least 60,000 pounds (27 240 kg).
Exception: The minimum weight specified in Section
D102.1 may be increased by the fire code official based
upon the actual weight of fire apparatus vehicles serving
the jurisdiction that provides structural fire protection ser-
vices to the location, including fire apparatus vehicles that
respond under automatic and mutual aid agreements.
D102.1.1 Access in wildland-urban interface areas. For
egress and access concerns in wildland-urban interface
locations, the fire code official may be guided by the Inter-
national Wildland-Urban Interface Code.
SECTION D103
MINIMUM SPECIFICATIONS
1)103.1 Access road width with a hydrant. Where a fire
hydrant is located on a fire apparatus access road, the nuni-
mum road width shall be 26 feet (7925 mm), exclusive of
shoulders (see Figure D103.1).
Exception: The fire code official is authorized to modify
the provisions of Section D103.1 when:
1. In accordance with Oregon Administrative Rule
(OAR) 918-480-0100, all buildings are completely
protected with an approved automatic fire sprinkler
system;
2. Provisions are made for the emergency use of side-
walks by such means as rolled or mountable curbs
capable of supporting the fire department's appara-
tus;
3. Streets or roadways are identified for one-way circu-
lating flow of traffic or pullouts are provided every
150 feet (45 720 mm) on streets or roadways identi-
fied for two-way traffic; or
4. A grid system for traffic flow is provided and streets
or roadways in the grid do not exceed 300 feet (91
400 mm) in length but are accessible at each end
from approved access roadways or streets.
D103.2 Grade. Fire apparatus access roads shall not exceed
10 percent in grade.
Exception: Grades steeper than 10 percent as approved by
the fire chief.
96' q
1
.
1
28' R
.
26' R
TYP
26'
TYP
20'
20'
20'
26'
96-FOOT DIAMETER
60-FOOT 'Y-
MINIMUM CLEARANCE
CUL-DE-SAC
AROUND A FIRE
HYDRAN`t
60' 60' 28' R
TYP
-i ,
20' p
28'R
TYP 20'
26' 20'
120-FOOT HAMMERHEAD ACCEPTABLE ALTERNATIVE
TO 120-FOOT HAMMERHEAD
For SI: 1 foot = 304.8 mm.
FIGURE D103.1
DEAD-END FIRE APPARATUS ACCESS ROAD TURNAROUND
2014 OREGON FIRE CODE 461
APPENDIX D
D103.3 Turning radius. The minimum turning radius shall
be determined by the fire code official.
11103.3.1 Drainage. When subject to run-off damage, the
fire code official is authorized to require approved drain-
age.
D103.4 Dead ends. Dead-end fire apparatus access roads in
excess of 150 feet (45 720 mm) shall be provided with width
and turnaround provisions in accordance with Table D103.4.
TABLE D103.4
REQUIREMENTS FOR DEAD-END
FIRE APPARATUS ACCESS ROADS
LENGTH
(reef)
WIDTH
(feet)
TURNAROUNDS REQUIRED
0-150
20
None required
120-foot Hammerhead, 60-foot "Y" or
151-500
20
96-foot diameter cul-de-sac in accor-
dance with Figure D103.1
120-foot Hammerhead, 60-foot "Y" or
501-750
26
96-foot diameter cul-de-sac in accor-
dance with Figure D103.1
Over 750
Special approval required
For SI: 1 foot = 304.8 mm.
D103.5 Fire apparatus access road gates. Gates securing
the fire apparatus access roads shall comply with all of the
following criteria:
1. The minimum gate width shall be 20 feet (6096 mm).
2. Gates shall be of the swinging or sliding type.
3. Construction of gates shall be of materials that allow
manual operation by one person.
4. Gate components shall be maintained in an operative
condition at all times and replaced or repaired when
defective.
5. Electric gates shall be equipped with a means of open-
ing the gate by fire department personnel for emer-
gency access. Emergency opening devices shall be
approved by the fire code official.
6. Manual opening gates shall not be locked with a pad-
lock or chain and padlock unless they are capable of
being opened by means of forcible entry tools or when
a key box containing the key(s) to the lock is installed
at the gate location.
7. Locking device specifications shall be submitted for
approval by the fire code official.
8. Electric gate operators, where provided, shall be listed
in accordance with UL 325.
9. Gates intended for automatic operation shall be
designed, constructed and installed to comply with the
requirements of ASTM F 2200.
D103.6 Signs. Where required by the fire code official, fire
apparatus access roads shall be marked with permanent NO
PARKING-FIRE LANE signs complying with Figure
D103.6. Signs shall have a minimum dimension of 12 inches
(305 mm) wide by 18 inches (457 mm) high and have red let-
ters on a white reflective background. Signs shall be posted
on one or both sides of the fire apparatus road as required by
Section D103.6.1 or D103.6.2.
FIGURE D103.6
FIRE LANE SIGNS
13103.6.1 Roads 20 to 26 feet in width. Fire lane signs as
specified in Section D103.6 shall be posted on both sides
of fire apparatus access roads that are 20 to 26 feet wide
(6096 to 7925 mm).
D103.6.2 Roads more than 26 feet in width. Fire lane
signs as specified in Section D103.6 shall be posted on one
side of fire apparatus access roads more than 26 feet wide
(7925 mm) and less than 32 feet wide (9754 mm).
SECTION D104
COMMERCIAL AND INDUSTRIAL DEVELOPMENTS
D104.1 Buildings exceeding three stories or 30 feet in
height. Buildings or facilities exceeding 30 feet (9144 mm)
or three stories in height shall have at least two means of fire
apparatus access for each structure.
D104.2 Buildings exceeding 62,000 square feet in area.
Buildings or facilities having a gross building area of more
than 62,000 square feet (5760 m2) shall be provided with two
separate and approved fire apparatus access roads.
Exception: Projects having a gross building area of up to
124,000 square feet (11 520 m2) that have a single
approved fire apparatus access road when all buildings are
equipped throughout with approved automatic sprinkler
systems.
D104.3 Remoteness. Where two fire apparatus access roads
are required, they shall be placed a distance apart equal to not
less than one half of the length of the maximum overall diag-
onal dimension of the lot or area to be served, measured in a
straight line between accesses.
SECTION 105
AERIAL FIRE APPARATUS ACCESS ROADS
D105.1 Where required. Where the vertical distance
between the grade plane and the highest roof surface exceeds
30 feet (9144 mm), approved aerial fire apparatus access
roads shall be provided. For purposes of this section, the
highest roof surface shall be determined by measurement to
the eave of a pitched roof, the intersection of the roof to the
exterior wall, or the top of parapet walls, whichever is
greater.
462 2014 OREGON FIRE CODE
APPENDIX D
1105.2 Width. Aerial fire apparatus access roads shall have
a minimum unobstructed width of 26 feet (7925 mm), exclu-
sive of shoulders, in the immediate vicinity of the building or
portion thereof.
D105.3 Proximity to building. At least one of the required
access routes meeting this condition shall be located within a
minimum of 15 feet (4572 nun) and a maximum of 30 feet
(9144 mm) from the building, and shall be positioned parallel
to one entire side of the building. The side of the building on
which the aerial fire apparatus access road is positioned shall
be approved by the fire code official.
2. The number of dwelling units on a single fire appa-
ratus access road shall not be increased unless fire
apparatus access roads will connect with future
development, as determined by the fire code official.
D106
REFERENCED STANDARDS
AST'M F 2200-05 Standard Specification for
Automated Vehicular Gate
Construction
ICC IFC-12 International Fire Code
D105.4 Obstructions. Overhead utility and power lines shall
not be located over the aerial fire apparatus access road or UL 325-02 Door, Drapery, Gate, Louver,
between the aerial fire apparatus road and the building. Other and Window Operators and
obstructions shall be permitted to be placed with the approval Systems, with Revisions
of the fire code official. through February 2006
SECTION D106
MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENTS
D106.1 Projects having more than 100 dwelling units.
Multiple-family residential projects having more than 100
dwelling units shall be equipped throughout with two sepa-
rate and approved fire apparatus access roads.
Exception: Projects having up to 200 dwelling units may
have a single approved fire apparatus access road when all
buildings, including nonresidential occupancies, are
equipped throughout with approved automatic sprinkler
systems installed in accordance with Section 903.3.1.1 or
903.3.1.2.
D106.2 Projects having more than 200 dwelling units.
Multiple-family residential projects having more than 200
dwelling units shall be provided with two separate and
approved fire apparatus access roads regardless of whether
they are equipped with an approved automatic sprinkler sys-
tem.
SECTION D107
ONE- OR TWO-FAMILY
RESIDENTIAL DEVELOPMENTS
D107.1 One- or two-family dwelling residential develop-
ments. Developments of one- or two-family dwellings where
the number of dwelling units exceeds 30 shall be provided
with two separate and approved fire apparatus access roads,
and shall meet the requirements of Section D104.3.
Exceptions:
Where there are more than 30 dwelling units on a
single public or private fire apparatus access road
and all dwelling units are equipped throughout with
an approved automatic sprinkler system in accor-
dance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3
of the International Fire Code, access from two
directions shall not be required.
D103.5
D101.5,
D107.1
D 103.5
2014 OREGON FIRE CODE 463
464 2014 OREGON FORE CODE
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LIFESTYLE MATTERS (HTTP://LIFESTYLE.KMTR.COM/)
Fire ignites 500-gallon gas tank: 'That's a
spectacular explosion'
By News Staff
Published: Au° 7 2074 a[ 5:09 PM PDT (2Q]~0Q-BT009237)
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EUGENE, Ore. - Flames 120 feet high and multiple explosion greeted firefighters as a fire destroyed a home and
other structures on the flanks of Spencer Butte on Thursday,
"There's ponderosa pine and Douglas-fir that are 120 feet tall that are
RELATED CONTENT burned to the top, so there were big flames and big fire initially," Battalion
Fire destroys home on Spencer Chief Scott Bishop said. "We heard multiple booms lots of explosions even
Butte, fills sky with smoke once we were on scene that went on for quite a while."
(http_//www. kmtr com
/news/local/Fire-in-south-Hills- One of the explosions came from a 500-gallon tank of liquefied petroleum
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"That's a spectacular explosion," Bishop said. 'It's very dangerous, and
we've got the debris field around it.
"We will investigate that thoroughly afterwards. 1 don't know if that was subsequent to the initial fire or played a
part in spreading the fire."
No injuries were reported. The cause is under investigation.
The fire destroyed several structures, vehicles and storage units.
"At least on structure fully involved, it looks like probably two or three smaller structures, also large vehicles, at
least a couple of buses, maybe a motorhome, lots of debris and stuffthat looked like it may have been stored up
over a period of years," Bishop said.
More than 60 firefighters worked to keep the fire from spreading.
"We hit it with what we call a blitz attack," Bishop said. "We applied most of our forces on the ground with all of
our machinary and equipment to keep the fire out of the surrounding timber. That was the primary; we call it a
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A view of the fire from South Willamette Street
oeTensive mode.
"We knew that the building was fully engulfed at that point, and then with access issues, water supply issues and
so forth, the primary goal was to keep the fire from spreading up the butte."
Crews brouaht the fire under control but expect it to burn through the night. Fox Hollow Road will be closed near
the scene of the fire, between Kline and Owl roads south of Donald Street.
The area is surrounding by forested private property and the City of Eugene's Ridgeline Park System, which
includes Spencer Butte.
It took some time to locate the fire after the first reports of smoke.
"We didn't have a solid location, so we kind of started surrounding the butte," Bishop said. "We knew it was
coming from the timberland on the north side of Spencer butte."
Bishop said a helicopter deployed by the Oregon Department of Forestry help prevent embers from setting the
forest on fire.
"Things came together and we were fortunate the wind was in our favor," Bishop said. "We had adequate
resources, companies were in position, so we were well prepared and we were able to defeat the fire fairly
quickly."
There were several houses on Cline Road south of the fire that were temporary evacuated as a precaution.
The evacuations were handled by Eugene Police and have since been rescinded.
Fox Hollow Road remains closed just south of Owl Road. Cline Road is open and accessible from the south.
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