Applicant's Narrative Table of Contents
LIST OF EXHIBITS 2
APPLICATION AND SUBJECT PROPERTY SUMMARY 3
PROJECT DESCRIPTION 4
LAND USE PERMIT REQUEST: SUBDIVISION (WITHOUT PLANNED DEVELOPMENT) 4
TYPE II PROCEDURE 5
CHAPTER 18.430 SUBDIVISIONS 5
CHAPTER 18.510 RESIDENTIAL ZONING DISTRICTS 9
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES 10
CHAPTER 18.705 ACCESS, EGRESS AND CIRCULATION 11
CHAPTER 18.725 ENVIRONMENTAL PERFORMANCE STANDARDS 15
CHAPTER 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 16
CHAPTER 18.745 LANDSCAPING AND SCREENING 18
CHAPTER 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS 21
CHAPTER 18.790 URBAN FORESTRY PLAN 22
CHAPTER 18.795 VISUAL CLEARANCE AREAS 23
CHAPTER 18.810 STREETS AND UTILITY IMPROVEMENT STANDARDS 24
CONCLUSION: 33
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List of Exhibits
A Land Use Application
B Title Report
C Tax Map 2S 1 11BB
D Pre-Application Conference Summary
E Neighborhood Meeting Information
F Preliminary Engineering Plan Set
G Pre-Screening Site Assessment from Clean Water Services
H Density Calculation Worksheet
I Sight Distance Certification
J Urban Forestry Report
K Preliminary Storm Drainage Report
L Impact Study
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Application and Subject Property Summary
PROPERTY OWNERS: Joyce Coiling
959 SW 7th Street
Dundee, OR 97115
Mary J. Kastel,Trustee
Charles and Mary Kastel Trust
14259 SW 100th Avenue
Tigard, OR 97224
Mary Johnson
14300 SW 103`d Avenue
Tigard, OR 97224
APPLICANT: Pacific Evergreen Homes
7410 SW Oleson Road, Suite 133
Portland, OR 97223
ATTN: Harlan Borow
Phone: 503-713-8627
Email: Harlan@pacificevergreenhomes.com
APPLICANT'S REPRESENTATIVE: Westlake Consultants, Inc.
15115 SW Sequoia Parkway, Suite 150
Tigard, OR 97224
ATTN: Ken Sandblast
Phone: 503-684-0652
Email: ksandbiast@westlakeconsultants.com
PROPOSED PROJECT: 10 Lot Subdivision
PROPERTY LOCATION: 14259 SW 100th Ave.
TAX MAP/LOTS: 2S111BB/600,900 & 1100
SITE SIZE: 3.35 Acres
ZONING DESIGNATION: R-3.5
COMPREHENSIVE PLAN DESIGNATION: Low Density Residential
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Project Description
The proposed development is a ten-lot subdivision of a 3.35 acre property located west of SW 110th
Ave, east of SW103rd Avenue, and north of SW View Terrace.The properties are also described as
14259 SW 100th Avenue and Tax Map 2S 1 11BB,Tax Lots 600, 900, and 1100 and a portion of 1000.
The single existing residence will be retained, and nine new lots will be created along a new street,
SW Jason Ln.,which will extend from SW 100th Avenue to SW 103rd Avenue.A storm water
treatment facility will be located on a tract along the frontage of SW 100th Avenue in the
northeastern corner of the subject property (Exhibit F, Preliminary Engineering Plan Set).
Utility services capable of providing water, sewer and storm drainage are available in the existing
streets. The proposed development will include extending facilities as needed to serve all of the
proposed lots.
The Applicant conducted a Neighborhood Meeting on March 14, 2017. Documentation is provided
in Exhibit E.
Land Use Permit Request: Subdivision (without Planned Development)
In Table 18.390.1 of the Tigard Development Code(Summary of Permits by Type of Decision-Making
Procedure), "Subdivision Without Planned Development" is listed as a Type II Procedure pursuant to
Section 18.390.040[Type II Procedure],with a cross-reference to Section 18.430.070[Approval
Criteria:Final Plat]. Footnote 1 adds that "[subdivisions] may be processed as either Type II or III
procedures, pursuant to Section 18.775.020.D and E."
Separately,TDC Section 18.430.030(A) provides that "(r]eview of a preliminary plat for subdivision
shall be processed by means of a Type II procedure, as governed by Chapter 18.390, using approval
criteria contained in Section 18.430.040."
The Applicant has been advised by City of Tigard staff that the proposed Subdivision request will be
subject to Administrative Staff Review (See Exhibit D, Pre-Application Conference Notes, Page 6 of
7). This application presents evidence and recommends findings for approval of the Subdivision
request, pursuant to applicable requirements of the Tigard Development Code. (This application
does not attempt to show compliance with the Final Plat approval criteria in Section 18.430.070
because it is not timely: that process is only possible when a preliminary subdivision plat has been
approved.)
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Type II Procedure
18.390.040 Type ll Procedure
A. Preapplication conference.A preapplication conference is required for Type 11 actions.
Preapplication conference requirements and procedures are set forth in Section
18.390.080.C.
Response:A pre-application conference took place on December 20, 2016. Notes and associated
documents provided by City staff are attached in Exhibit D.These provisions are satisfied.
B. Application requirements.
1. Application forms. Type 11 applications shall be made on forms provided by the Director as
provided by Section 18.390.080.E.1;
2. Submittal information. The application shall:
a. Include the information requested on the application form;
b. Address the relevant criteria in sufficient detail for review and action;
c. Be accompanied by the required fee;
d. Include two sets of pre-stamped and pre-addressed envelopes for all property owners of
record as specified in Section 18.390.040.C. The records of the Washington County
Department of Assessment and Taxation are the official records for determining
ownership. The applicant shall demonstrate that the most current assessment records
have been used to produce the notice list;
e. Include an impact study. The impact study shall quantify the effect of the development
on public facilities and services. The study shall address, at a minimum, the
transportation system, including bikeways, the drainage system, the parks system, the
water system, the sewer system, and the noise impacts of the development. For each
public facility system and type of impact, the study shall propose improvements
necessary to meet City standards and to minimize the impact of the development on the
public at large, public facilities systems, and affected private property users. In situations
where the Community Development Code requires the dedication of real property
interests, the applicant shall either specifically concur with the dedication requirements,
or provide evidence which supports the conclusion that the real property dedication
requirement is not roughly proportional to the projected impacts of the development.
Response: This application and supporting materials have been prepared using the forms and
instructions provided by City staff. A copy of the application form is provided in Exhibit A. This narrative
document cites and quotes applicable Tigard Development Code provisions and provides Responses
from the Applicant, with evidence and explanation of how all applicable approval criteria have been
met. The application fee has been remitted with the application. The Applicant has provided a request
for mailing labels from the City of Tigard with the application. The Applicant has also provided an Impact
Study, in Exhibit L. These provisions are satisfied.
Chapter 18.430 Subdivisions
18.430.020 General Provisions
A. Approval through two-step process.An application for a subdivision shall be processed through a
two-step process:the preliminary plat and the final plat.
1. The preliminary plat shall be approved by the Approval Authority before the final plat can be
submitted for approval consideration;and
2. The final plat shall reflect all conditions of approval of the preliminary plat.
Response:This is a request for preliminary plat approval.
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B. Compliance with ORS Chapter 92.All subdivision proposals shall be in conformity with all state
regulations set forth in ORS Chapter 92, Subdivisions and Partitions.
Response:The materials submitted by the Applicant demonstrate compliance with ORS Chapter 92, as
well as all applicable City of Tigard approval standards.These provisions are satisfied.
C. Future re-division. When subdividing tracts into large lots, the Approval Authority shall require
that the lots be of such size and shape as to facilitate future re-division in accordance with the
requirements of the zoning district and this title.
Response:This provision is not applicable because no lots large enough to allow re-division are
proposed.
D. Lot averaging, Lot size may be averaged to allow lots less than the minimum lot size allowed in
the underlying zoning district as long as the average lot area for all lots is not less than allowed
by the underlying zoning district. No lot created under this provision shall be less than 80%of the
minimum lot size allowed in the underlying zoning district.
Response: The proposal will use lot averaging to meet the minimum lot size allowed in the district of
10,000 square feet in the R-3.5 Zone. Lots 2-4, 6 and 7, are below the 10,000 square foot minimum. Lot
3 is the smallest proposed lot, being 8,512 square feet, which exceeds the 85% of the minimum lot size.
Using the lot averaging formula, the average lot size for the subdivision will be 10,859 square feet. The
proposed stormwater facility tract is not subject to the minimum area requirement for buildable lots.
These provisions are satisfied.
E. Temporary sales office. Temporary sales offices in conjunction with any subdivision may be
granted as set forth in Chapter 18.785, Temporary Uses.
Response:This provision is not applicable because a request for a temporary sales office is not included
as part of this proposal.
F. Minimize flood damage.All subdivision proposals shall be consistent with the need to minimize
flood damage.
Response: The Applicant has examined flood hazard mapping and has determined that no part of the
Subject Property is located within a designated flood hazard area.The Applicant has also provided storm
system capacity calculations to demonstrate that the proposed stormwater treatment and detention
facility will satisfy City of Tigard design requirements to protect the downstream capacity of the public
storm drain system (Exhibit K, Preliminary Storm Drainage Report).These provisions are satisfied.
G. Floodplain dedications. Where land filling and/or development is allowed within and adjacent to
the 100-year floodplain outside the zero foot rise floodway, the City shall require consideration
of the dedication of sufficient open land area for a green way adjoining and within the floodplain.
This area shall include portions at a suitable elevation for the construction of a
pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian
bicycle pathway plan.
Response: This provision is not applicable as the proposed subdivision is not within or adjacent to the
100-year floodplain.
H. Need for adequate utilities.All subdivision proposals shall have public utilities and facilities such
as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
Response: The proposed development includes installation of public utilities and facilities to serve all of
the proposed lots. Special flood-damage resistance construction techniques are not necessary because
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no part of the Subject Property is located within a designated flood hazard area. These provisions are
satisfied.
I. Need for adequate drainage.All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage;and
Response: The Applicant has provided storm system capacity calculations to demonstrate that the
proposed stormwater treatment and detention facility will satisfy City of Tigard design requirements to
protect the downstream capacity of the public storm drain system (Exhibit K, Preliminary Storm
Drainage Report).These provisions are satisfied.
J. Determination of base flood elevation. Where base flood elevation has not been provided or is
not available from another authoritative source, it shall be generated for subdivision proposals
and other proposed developments which contain at least 50 lots or five acres(whichever is less).
Response: This provision is not applicable as the proposed subdivision requests a total of 10 lots on the
3.35-acre subject property. Furthermore, the Applicant has examined flood hazard mapping and has
determined that no part of the Subject Property is located within a designated flood hazard area. The
Applicant has also provided storm system capacity calculations to demonstrate that the proposed
stormwater treatment and detention facility will satisfy City of Tigard design requirements to protect
the downstream capacity of the public storm drain system (Exhibit K, Preliminary Storm Drainage
Report).These provisions are satisfied.
18.430.030 Approval Process
A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by
means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained
in Section 18.430.040.An application for subdivision may also be reviewed concurrently with an
application for a planned development, as governed by Chapter 18.350.
Response:This is a request for Type II review of a preliminary plat for a subdivision.
B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I
procedure, as governed by Chapter 18.390, using approval criteria contained in Section
18.430.070.
Response:The Applicant will submit a request for a Type I Final Plat Approval following approval of the
current request.
C. Approval period. Preliminary plat approval by the Approval Authority shall be effective for a
period of 1-1/2 years from the date of approval. The preliminary plat shall lapse if.
1. A final plat has not been submitted within a 1-1/2 year period;or
2. The final plat does not conform to the preliminary plat as approved or approved with
conditions.
D. Extension. [detailed provisions omitted for brevity]
E. Phased development. [detailed provisions omitted for brevity]
Response: These provisions provide procedural guidance and require no evidence or other responses
from the Applicant. This proposal does not include a request for extension or phased development
approval.
18.430.040 Approval Criteria:Preliminary Plat
A. Approval criteria. The Approval Authority may approve, approve with conditions or deny a
preliminary plat based on the following approval criteria:
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1. The proposed preliminary plat complies with the applicable zoning ordinance and other
applicable ordinances and regulations;
Response:As demonstrated by this narrative, and supporting documentation and exhibits,the proposed
subdivision complies with all applicable zoning ordinances and other applicable ordinances and
regulations of the Tigard Community Development Code. These provisions are satisfied.
2. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS
Chapter 92;
Response: The Applicant has obtained approval of the proposed plat name, "Erika Court,"from the
Washington County Surveyor's Office.These provisions are satisfied.
3. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of
major partitions already approved for adjoining property as to width, general direction and
in all other respects unless the City determines it is in the public interest to modify the street
or road pattern;[and]
Response: The proposed development will include 1/2 street improvements to the subject property's
frontage along SW 100th Ave in the northeastern corner of the subject property, as well as both sides of
the proposed street, SW Jason Lane. Temporarily, SW Jason Ln. will only provide non-emergency
vehicular access to SW 103rd, and pedestrian and emergency vehicle access to SW 100th Ave. and SW
103rd Ave. SW Jason Lane is designed to City of Tigard standards, and is laid out so as to intersect SW
103rd Ave. There are no other subdivision plats or major partitions which have been approved in the
area that affect the proposed street improvements for this project. These provisions are satisfied.
4. An explanation has been provided for all common improvements.
Response: In addition to street improvements, the proposed subdivision will extend City services (water
and sanitary sewer) to the proposed lots; will provide franchise utility services such as electrical, natural
gas, telephone and cable television to all the lots; and will include construction of a stormwater quality
treatment and detention facility, which will accept runoff from roofs and paved surfaces, including
driveways.These provisions are satisfied.
8. Conditions of approval. The Approval Authority may attach such conditions as are necessary to
carry out the comprehensive plan and other applicable ordinances and regulations and may
require reserve strips be granted to the City for the purpose of controlling access to adjoining
undeveloped properties.
Response:The Applicant acknowledges the City's authority to impose approval conditions where
appropriate to assure compliance with applicable standards in the final plat and construction phases of
the development process.
18.430.050 Submission Requirements:Preliminary Plat
A. General submission requirements. The applicant shall submit an application containing all of the
general information required for a Type II procedure, as governed by Chapter 18.390.
8. Additional information. In addition to the general information described in Subsection A above,
the preliminary plat shall contain specific information, the detailed content of which can be
obtained from the Director.
Response:As noted above,the application has been prepared using forms and guidance information
provided by City of Tigard staff.These provisions are satisfied.
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18.430.060 Adjustments Authorized
A. Granting of adjustments.Adjustments to the subdivision regulations prescribed by this title may
be authorized by the Director, and application shall be made with a preliminary plat application
in accordance with Section 18.430.050. Criteria for granting such adjustments are contained in
Section 18.370.020.C.1.
Response:This provision is not applicable as the proposed subdivision does not include any Adjustment
requests.
Chapter 18.510 Residential Zoning Districts
18.510.020 List of Zoning Districts
C. R-3.5:low-density residential district. The R-3.5 zoning district is designed to accommodate
detached single-family homes with or without accessory residential units at a minimum lot size
of 10,000 square feet. Duplexes are permitted conditionally. Some civic and institutional uses are
also permitted conditionally.
18.510.030 Uses
[detailed provisions omitted for brevity]
Response: The proposed lots are specifically designed for Household Living in Detached Single Units,
which is a permitted uses in the R-3.5 zone according to Table 18.510.1, Use Table. These provisions are
satisfied.
18.510.040 Minimum and Maximum Densities
A. Purpose. The purpose of this section is to establish minimum and maximum densities in each
residential zoning district. To ensure the quality and density of development envisioned, the
maximum density establishes the ceiling for development in each zoning district based on
minimum lot size. To ensure that property develops at or near the density envisioned for the
zone, the minimum density for each zoning district has been established at 80% of maximum
density.
B. Calculating minimum and maximum densities. The calculation of minimum and maximum
densities is governed by the formulas in Chapter 18.715, Density Computations.
18.715.020 Density Calculation
A. Definition of net development area. Net development area, in acres, shall be determined by
subtracting the following land area(s)from the gross acres, which is all of the land included in
the legal description of the property to be developed:
1. All sensitive land areas:
a. Land within the 100-year floodplain,
b. Land or slopes exceeding 25%,
c. Drainage ways, and
d. Wetlands,
e. Optional: Significant habitat areas, as designated on the City of Tigard "Significant
Habitat Areas Map";
2. All land dedicated to the public for park purposes;
3. All land dedicated for public rights-of-way. When actual information is not available, the
following formulas may be used:
a. Single-family development:allocate 20%of gross acreage,
b. Multifamily development: allocate 15% of gross acreage or deduct the actual private
drive area;
4. All land proposed for private streets;and
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5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling
is to remain on the site.
B. Calculating maximum number of residential units. To calculate the maximum number of
residential units per net acre, divide the number of square feet in the net acres by the minimum
number of square feet required for each lot in the applicable zoning district.
C. Calculating minimum number of residential units. As required by Section 18.510.040, the
minimum number of residential units per net acre shall be calculated by multiplying the
maximum number of units determined in Subsection B above by 80%(0.8). (Ord. 09-13)
Response: The Applicant has provided detailed residential density calculations in Exhibit H. The
maximum density allowed on the site is 9 lots plus the lot created for the existing house. The minimum
density for the site is 7 lots plus the lot created for the existing house. This plan includes 10 lots for
single family homes, which meets the density requirements.These provisions are satisfied.
18.715.030 Residential Density Transfer
[not applicable because no transfer of density is proposed]
18.510.050 Development Standards
A. Compliance required. All development must comply with:
1. All of the applicable development standards contained in the underlying zoning district,
except where the applicant has obtained variances or adjustments in accordance with
Chapters 18.370;
2. All other applicable standards and requirements contained in this title.
B. Development standards. Development standards in residential zoning districts are contained in
Table 18.510.2.
TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
(R-3.5 Zone Excerpt)
STANDARD R-3.5
Minimum Lot Size
-Detached unit 10,000 sq.ft.
Average Minimum Lot Width
-Detached unit lots 65 ft.
Minimum Setbacks
-Front yard 20 ft.
-Side facing street on
corner& through lots 20 ft.
-Side yard 5 ft.
-Rear yard 15 ft.
-Side or rear yard abutting more
restrictive zoning district -
-Distance between property line
and front of garage 20 ft.
Maximum Height 30 ft.
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Response: The submitted preliminary site plan drawing (Exhibit F) provides dimensions for all lot
boundaries as well as lot square footage calculations. The proposal will use lot averaging to meet the
minimum lot size allowed in the district of 10,000 square feet in the R-3.5 Zone. Lots 2-4, 6 and 7 are
below the 10,000 square foot minimum. Lot 3 being the smallest with 8,512 square feet is more than
85% of the minimum lot size. Using the lot averaging formula, the average lot size for the subdivision
will be 10,859 square feet. The generally rectangular configuration of the lots ensures that
contemporary homes can be constructed within them, in compliance with all required minimum
setbacks.These provisions are satisfied.
Chapter 18.705 Access, Egress and Circulation
18.705.020 Applicability of Provisions
A. When provisions apply. The provisions of this chapter shall apply to all development including
the construction of new structures, the remodeling of existing structures (see Section
18.360.050), and to a change of use which increases the on-site parking or loading requirements
or which changes the access requirements.
B. Change or enlargement of use. Should the owner or occupant of a lot or building change or
enlarge the use to which the lot or building is put, thereby increasing access and egress
requirements, it is unlawful and is a violation of this title to begin or maintain such altered use
until the provisions of this chapter have been met if required or until the appropriate approval
authority has approved the change.
C. When site design review is not required. Where the provisions of Chapter 18.360, Site
Development Review, do not apply, the Director shall approve, approve with conditions, or deny
an access plan submitted under the provisions of this chapter in conjunction with another permit
or land use action.
D. Conflict with subdivision requirements. The requirements and standards of this chapter shall not
apply where they conflict with the subdivision rules and standards of this title.
18.705.030 General Provisions
A. Continuing obligation of property owner. The provisions and maintenance of access and egress
stipulated in this title are continuing requirements for the use of any structure or parcel of real
property in the City.
B. Access plan requirements. No building or other permit shall be issued until scaled plans are
presented and approved as provided by this chapter that show how access, egress and
circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director
shall provide the applicant with detailed information about this submission requirement.
C. Joint access. Owners of two or more uses, structures, or parcels of land may agree to utilize
jointly the same access and egress when the combined access and egress of both uses,
structures, or parcels of land satisfies the combined requirements as designated in this title,
provided:
1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or
contracts to establish the joint use;and
2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the
City.
D. Public street access.All vehicular access and egress as required in Sections 18.705.030.H and
18.705.030.1 shall connect directly with a public or private street approved by the City for public
use and shall be maintained at the required standards on a continuous basis.
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Response: All 10 lots will have direct access to public streets with the construction of a proposed street,
SW Jason Ln., running through the middle of the site as shown on the site plan in Exhibit F. These
provisions are satisfied.
E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030.N.
18.810.030 Streets
N. Grades and curves.
1. Grades shall not exceed 10%on arterials, 12%on collector streets, or 12%on any other
street(except that local or residential access streets may have segments with grades up
to 15%for distances of no greater than 250 feet);and
2. Centerline radii of curves shall be as determined by the city engineer.
0. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair,
bicycle ramps and driveway approaches shall be constructed in accordance with standards
specified in this chapter and Section 15.04.080, and:
1. Concrete curbs and driveway approaches are required;except:
2. Where no sidewalk is planned, an asphalt approach may be constructed with city
engineer approval; and
3. Asphalt and concrete driveway approaches to the property line shall be built to city
configuration standards.
Response: From the context, this cross-reference appears to contain a scrivener's error: Section
18.810.030.N refers to "Grades and curves," but Section 18.810.030.0 refers to "Curbs, curb cuts,
ramps, and driveway approaches." In either case, the slope of the new road is less than ten percent,
and all sidewalks and driveway aprons will be constructed to meet applicable public works standards,
including structural capacity to accommodate emergency and service vehicles where appropriate. A 5-
foot sidewalk and 5-foot curb-tight planter are planned for both sides of SW Jason Ln; with the
exception that a 6 foot curb-tight sidewalk is proposed adjacent to Lot 10 and Lot 1 on the west side of
the subject property, where SW Jason Lane narrows to 28-feet of pavement, and 46-feet of public right-
of-way, so as to accommodate topography. These provisions are satisfied.
F. Required walkway location. On-site pedestrian walkways shall comply with the following
standards:
1. Walkways shall extend from the ground floor entrances or from the ground floor landing of
stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets
which provide the required access and egress. Walkways shall provide convenient
connections between buildings in multi-building commercial, institutional, and industrial
complexes. Unless impractical, walkways shall be constructed between new and existing
developments and neighboring developments;
2. Within all attached housing (except two-family dwellings) and multi family developments,
each residential dwelling shall be connected by walkway to the vehicular parking area, and
common open space and recreation facilities;
3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings
shall be designed and located for pedestrian safety. Required walkways shall be physically
separated from motor vehicle traffic and parking by either a minimum six-inch vertical
separation (curbed) or a minimum three-foot horizontal separation, except that pedestrian
crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate
landscaping, pavement markings, or contrasting pavement materials are used. Walkways
shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions
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such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with
ADA standards;
4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt,
stone, brick, other pervious paving surfaces, etc. Any pervious paving surface must be
designed and maintained to remain well-drained. Walkways may be required to be lighted
and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be
provided only if such pathways are provided in addition to required pathways.
Response: Pedestrian access along the proposed street, SW Jason Ln., will be provided by a 5 ft. wide
sidewalk separated from the roadway by a 5 ft. wide planter strip. Due to topographic constraints, an
exception is made at the western end of the subject property, where a 6 foot curb-tight sidewalk is
proposed adjacent to Lot 10 and Lot 1, where SW Jason Lane narrows to 28-feet of pavement, and 46-
feet of public right-of-way.These provisions are satisfied.
G. Inadequate or hazardous access.
1. Applications for building permits shall be referred to the Commission for review when, in the
opinion of the Director, the access proposed:
a. Would cause or increase existing hazardous traffic conditions;or
b. Would provide inadequate access for emergency vehicles; or
c. Would in any other way cause hazardous conditions to exist which would constitute a
clear and present danger to the public health, safety, and general welfare.
2. Direct individual access to arterial or collector streets from single-family dwellings and
duplex lots shall be discouraged. Direct access to collector or arterial streets shall be
considered only if there is no practical alternative way to access the site. If direct access is
permitted by the City, the applicant will be required to mitigate for any safety or
neighborhood traffic management (NTM) impacts deemed applicable by the City Engineer.
This may include, but will not be limited to, the construction of a vehicle turnaround on the
site to eliminate the need for a vehicle to back out onto the roadway.
3. In no case shall the design of the service drive or drives require or facilitate the backward
movement or other maneuvering of a vehicle within a street, other than an alley. Single-
family and duplex dwellings are exempt from this requirement.
Response: All access to the proposed development is from a designated local street, SW 103rd Ave. The
proposed configuration is designed to accommodate turn-around movements by TVF&R fire trucks.
There is no evidence to suggest that the proposed development will lead to inadequate or hazardous
access or vehicle movement patterns. These provisions are satisfied.
H. Access management.
1. An access report shall be submitted with all new development proposals which verifies
design of driveways and streets are safe by meeting adequate stacking needs, sight distance
and deceleration standards as set by ODOT, Washington County, the City and AASHTO
(depending on jurisdiction of facility.)
2. Driveways shall not be permitted to be placed in the influence area of collector or arterial
street intersections. Influence area of intersections is that area where queues of traffic
commonly form on approach to an intersection. The minimum driveway setback from a
collector or arterial street intersection shall be 150 feet, measured from the right-of-way line
of the intersecting street to the throat of the proposed driveway. The setback may be greater
depending upon the influence area, as determined from City Engineer review of a traffic
impact report submitted by the applicant's traffic engineer. In a case where a project has less
than 150 feet of street frontage, the applicant must explore any option for shared access
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with the adjacent parcel. If shared access is not possible or practical, the driveway shall be
placed as far from the intersection as possible.
3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The
minimum spacing of driveways and streets along an arterial shall be 600 feet.
4. The minimum spacing of local streets along a local street shall be 125 feet.
Response: The property currently has a single driveway with an access point on SW 100th Ave. The
proposed public street will be centered in the middle of the subject property connecting with both SW
100th Ave. and SW 103rd Ave. SW 100th Ave. is classified as a Neighborhood Street and SW 103rd Ave. is
classified as a Local Street. All ten lots will access the proposed local street, SW Jason Ln. All non-
emergency vehicles will be limited to using SW 103rd Ave. to access the proposed subdivision. However,
SW Jason Ln. will provide for pedestrian and emergency vehicle access to SW 100th Ave.
I. Minimum access requirements for residential use.
1. Vehicular access and egress for single-family, duplex or attached single-family dwelling units
on individual lots and multifamily residential uses shall not be less than as provided in Tables
18.705.1 and 18.705.2;
TABLE 18.705.1
VEHICULAR ACCESS/EGRESS REQUIREMENTS:
RESIDENTIAL USE(SIX OR FEWER UNITS)
Number Dwelling Minimum Number of Minimum Minimum
Unit/Lots Driveways Required Access Width Pavement Width
1 or 1 15' 10'
TABLE 18.705.2
VEHICULAR ACCESS/EGRESS REQUIREMENTS:
MULTIFAMILY RESIDENTIAL USE
[not applicable—no multifamily development is proposed]
Response: Each proposed lot has its own driveway access onto a local street. The standards of Table
18.705.1 are satisfied. Table 18.705.2 is not applicable because no multifamily development is proposed.
2.Vehicular access to multifamily structures shall be brought to within 50 feet of the ground floor
entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling
units;
Response: This Section is not applicable, as no multifamily structures are proposed.
3. Private residential access drives shall be provided and maintained in accordance with the
provisions of the Uniform Fire Code;
Response: The proposed street will provide access to all the lots in the development. The proposed
street is designed to meet the provisions of the Uniform Fire Code, providing sufficient area to
accommodate two-way circulation. Its final construction design and maintenance requirements can be
assured through appropriate conditions of approval.These provisions are satisfied.
4. Access drives in excess of 150 feet in length shall be provided with approved provisions for the
turning around of fire apparatus by one of the following:
a. A circular, paved surface having a minimum turn radius measured from center point to
outside edge of 35 feet;
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Erika Court Subdivision
b. A hammerhead-configured, paved surface with each leg of the hammerhead having a
minimum depth of 40 feet and a minimum width of 20 feet;
c. The maximum cross slope of a required turnaround is five percent.
Response: This Section does not apply, as the subdivision does not propose a cul-de-sac or
hammerhead-configured turn around area.
5. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at
least 30 feet), may be required so as to reduce the need for excessive vehicular backing
motions in situations where two vehicles traveling in opposite directions meet on driveways
in excess of 200 feet in length;
6. Where permitted, minimum width for driveway approaches to arterials or collector streets
shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for
traffic exiting the site.
Response: These provisions are not applicable because no proposed driveway exceeds 200 feet in
length, and no driveway accesses an arterial or collector street.
Chapter 18.725 Environmental Performance Standards
18.725.020 General Provisions
A. Compliance with applicable state and federal regulations. In addition to the regulations adopted
in this chapter, each use, activity or operation within the City of Tigard shall comply with the
applicable state and federal standards pertaining to noise, odor and discharge of matter into the
atmosphere, ground, sewer system or stream. Regulations adopted by the State Environmental
Quality Commission pertaining to non-point source pollution control and contained in the
Oregon Administrative Rules shall by this reference be made a part of this chapter.
8. Evidence of compliance. Prior to issuance of a building permit, the director may require
submission of evidence demonstrating compliance with state, federal and local environmental
regulations and receipt of necessary permits; these include Air Contaminant Discharge Permits
(ACDP)or Indirect Source Construction Permits(ISCP).
C. Continuing obligation. Compliance with state,federal and local environmental regulations is the
continuing obligation of the property owner and operator.
Response: The Applicant recognizes that compliance with all applicable permitting and
performance requirements of federal, state and local jurisdictions is required. No exemption
from such requirements is being sought in connection with this land use request. Compliance
can be assured through appropriate conditions of approval.These provisions are satisfied.
18.725.030 Performance Standards
A. Noise. For the purposes of noise regulation, the provisions of Sections 6.02.410 through 6.02.470
of the Tigard Municipal Code shall apply.
8. Visible emissions. Within the commercial zoning districts and the industrial park (IP) zoning
district, there shall be no use, operation or activity which results in a stack or other point-source
emission, other than an emission from space heating, or the emission of pure uncombined water
(steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules
for visible emissions(340-21-015 and 340-28-070) apply.
C. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is
permitted in any given zoning district which is discernible without instruments at the property
line of the use concerned.
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D. Odors. The emission of odorous gases or other matter in such quantities as to be readily
detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ
rules for odors (340-028-090)apply.
E. Glare and heat. No direct or sky-reflected glare, whether from floodlights or from high
temperature processes such as combustion or welding, which is visible at the lot line shall be
permitted;and
1. There shall be no emission or transmission of heat or heated air which is discernible at the lot
line of the source, and
2. These regulations shall not apply to signs or floodlights in parking areas or construction
equipment at the time of construction or excavation work otherwise permitted by this title.
F. Insects and rodents. All materials including wastes shall be stored and all grounds shall be
maintained in a manner which will not attract or aid the propagation of insects or rodents or
create a health hazard. (Ord. 12-02§3)
Response: The proposed development consists of 10 lots for single-family detached residential
construction, the use of which is consistent with City of Tigard zoning, and the characteristic of the
surrounding neighborhood. There is no evidence to suggest that the proposed development will cause a
violation of any applicable environmental performance requirements, and this application does not seek
exemption from any such requirements. Home construction activities, as well as future residents'
activities, will be required to comply with the applicable standards. These provisions are satisfied.
Chapter 18.730 Exceptions to Development Standards
18.730.020 Exceptions to Building Height Limitations
A. Projections not used for human habitation. Projections such as chimneys, spires, domes, elevator
shaft housings, towers excluding TV dish receivers, aerials,flag poles, and other similar objects
not used for human occupancy, are not subject to the building height limitations of this title.
B. Building height exceptions. Any building located in a non-residential zone may be built to a
maximum height of 75 feet;provided:[detailed provisions omitted for brevity]
C. Building heights and flag lots.
1. Limitations on the placement of residential structures on flag lots apply when any of the
following exist:
a. A flag lot was created prior to April 15, 1985;
b. A flag lot is created after April 15, 1985 by an approved partition;or
c. A flag lot is created by the approval of a subdivision and the flag lot is located on the
periphery of the subdivision so that the lot adjoins other residentially-zoned land.
[further provisions omitted for brevity]
Response: Future construction will be subject to the building height limitation exceptions in Subsection
A. Subsection B is not applicable because the subject property is in a residential zone. Subsection C is
not applicable because none of the proposed lots meets the definition of a flag-lot subject to that
subsection (in subparagraph C.1.a through c).
18.730.030 Zero Lot Line Setback Standards
[detailed provisions omitted for brevity]
Response: These provisions are not applicable because this request does not include any zero-lot-line
development.
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Erika Court Subdivision
18.730.040 Additional Setback Requirements
A. Additional setback from roadways. The minimum yard requirement shall be increased in the
event a yard abuts a street having a right-of-way width less than required by its functional
classification on the City's transportation plan map and, in such case, the setback shall be not
less than the setback required by the zone plus one-half of the projected road width as shown on
the transportation map.
Response:This provision is not applicable, as all rights-of-way will be dedicated to their required width.
B. Distance between multifamily residential structure and other structures on site.
[detailed provisions omitted for brevity]
Response:These provisions are not applicable because no multifamily residential structure is proposed.
C. When no yard setback is required. In zoning districts where a side yard or a rear yard setback is
not required, a structure which is not to be built on the property line shall be set back from the
property line by a distance in accordance with the State Building Code requirements. (Ord. 02-33)
Response: These provisions are not applicable because side and rear yard setbacks are required in the
applicable R-3.5 zoning district.
18.730.050 Miscellaneous Requirements and Exceptions
A. When abutting properties have non-conforming front setbacks. If there are dwellings on both
abutting lots with front yard depths less than the required depth for the zone, the depth of the
front yard for the intervening lot need not exceed the average depth of the front yards of the
abutting lots.
B. When one abutting property has a nonconforming front setback. If there is a dwelling on one
abutting lot with a front yard of less depth than the required depth for the zone, the front yard
for the lot need not exceed a depth one-half way between the depth of the abutting lot and the
required front yard depth.
Response: These provisions are not applicable because homes on neighboring sites do not have
nonconforming front setbacks.
C. Storage in front yard. Boats, trailers, campers, camper bodies, house trailers, recreation vehicles
or commercial vehicles in excess of 3/4 ton capacity may be stored in a required front yard in a
residential zone subject to the following:
1. No such unit shall be parked in a visual clearance area of a corner lot or in the visual
clearance area of a driveway which would obstruct vision from an adjacent driveway or
street;
2. No such unit shall be used for dwelling purposes except that one camper, house trailer or
recreational vehicle may be used for sleeping purposes only by friends, relatives or visitors on
land entirely owned by or leased to the host person for a period not to exceed 14 days in one
calendar year, provided that such unit shall not be connected to any utility, other than
temporary electricity hookups and provided that the host person shall receive no
compensation for such occupancy or use;
3. Any such unit parked in the front yard shall have current state license plates or registration
and must be kept in mobile condition.
Response: The applicant acknowledges these legal limitations on storage in the front yards of the
proposed lots, but does not waive the right to establish private Conditions, Covenants and Restrictions
(CC&Rs) containing more restrictive provisions by agreement among the owners of the proposed
subdivision lots.These provisions are satisfied.
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D. Projections into required yards.
1. Cornices, eaves, belt courses, sills, canopies or similar architectural features may extend or
project into a required yard not more than 36 inches provided the width of such yard is not
reduced to less than three feet.
2. Fireplace chimneys may project into a required front, side or rear yard not more than three
feet provided the width of such yard is not reduced to less than three feet.
3. Open porches, decks or balconies not more than 36 inches in height and not covered by a
roof or canopy, may extend or project into a required rear or side yard provided such natural
yard area is not reduced to less than three feet and the deck is screened from abutting
properties. Porches may extend into a required front yard not more than 36 inches.
4. Unroofed landings and stairs may project into required front or rear yards only.
Response: The applicant acknowledges and accepts these standards allowing projections into required
yards. These provisions are satisfied.
E. Lot area for flag lots.
1. The lot area for a flag lot shall comply with the lot area requirements of the applicable
zoning district.
2. The lot area shall be provided entirely within the building site area exclusive of any
accessway(see figure following).
F. Front yard determination. The owner or developer of a flag lot may determine the location of the
front yard, provided no side yard setback area is less than 10 feet and provided the requirements
of Section 18.730.010.C, Building Heights and Flag Lots, are satisfied.
Response:These provisions are not applicable because no flag lots are proposed.
Chapter 18.745 Landscaping and Screening
18.745.020 Applicability
A. Applicability. The provisions of this chapter shall apply to all development including the
construction of new structures, remodeling of existing structures where the landscaping is
nonconforming (Section 18.760.040.C), and to a change of use which results in the need for
increased on-site parking or loading requirements or which changes the access requirements.
B. When site development review does not apply. Where the provisions of Chapter 18.360, Site
Development Review, do not apply, the Director shall approve, approve with conditions, or deny
a plan submitted under the provisions of this chapter by means of a Type I procedure, as
governed by Section 18.390.030, using the applicable standards in this chapter.
C. Site plan requirements. The applicant shall submit a site plan. The Director shall provide the
applicant with detailed information about this submission requirement.
Response: A site plan is provided. The landscaping requirements are shown within the preliminary
engineering plans provided in Exhibit F. A detailed forestry plan and arborist report is provided in Exhibit
J. These provisions are satisfied.
18.745.030 General Provisions
A. Maintenance responsibility. Unless otherwise provided by the lease agreement, the owner, tenant
and his or her agent, if any, shall be jointly and severally responsible for the ongoing
maintenance of all landscaping and screening used to meet the requirements of this chapter
according to applicable industry standards.
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B. Installation requirements. The installation of all landscaping and screening required by this
chapter shall be as follows:
1.All landscaping and screening shall be installed according to applicable industry standards;
2. All plants shall be of high grade, and shall meet the size and grading standards of the
American Standards for Nursery Stock(ANSI Z60, 1-2004, and any future revisions);and
3. All landscaping and screening shall be installed in accordance with the provisions of this title.
C. Certificate of occupancy. Certificates of occupancy shall not be issued unless the
requirements of this chapter have been met or other arrangements have been made and
approved by the city such as the posting of a bond.
D. Protection of existing plants. Existing plants on a site shall be protected as follows:
1. The developer shall provide methods for the protection of existing plants to remain during the
construction process;
2. The plants to remain shall be noted on the landscape plans (i.e., plants to remain can be
shown as protected with fencing);and
3. The tree protection provisions outlined in Chapter 18.790 and the Urban Forestry Manual shall
apply to the land use review types identified in Section 18.790.020.A.
E. Ongoing tree-related rules and regulations. Any trees used to meet the requirements of this
chapter shall be subject to all applicable tree-related rules and regulations in other chapters and
titles of the Tigard Municipal Code and Tigard Development Code. (Ord. 12-09§1)
Response: The applicant is aware of their responsibilities for the installation, maintenance, and
protection of new and existing landscaping required by this section. A landscaping plan as provided in
Exhibit F, and an Arborist's Report is provided in Exhibit J, both of which detail the locations of existing
trees which will be preserved and utilized in the proposed subdivision plan. These provisions are
satisfied.
18.745.040 Street Trees Standards
A. Street trees shall be required as part of the approval process for conditional use (Type Ill),
downtown design review (Type II and Ill), minor land partition (Type II), planned development
(Type III), site development review(Type II) and subdivision (Type Il and Ill)permits.
B. The minimum number of required street trees shall be determined by dividing the linear amount of
street frontage within or adjacent to the site (in feet) by 40 feet. When the result is a fraction,
the minimum number of required street trees shall be determined by rounding to the nearest
whole number.
C. Street trees required by this section shall be planted according to the street tree planting
standards in the Urban Forestry Manual.
D. Street trees required by this section shall be provided adequate soil volumes according to the
street tree soil volume standards in the Urban Forestry Manual.
E. Street trees required by this section shall be planted within the right-of-way whenever practicable
according to the street tree planting standards in the Urban Forestry Manual. Street trees may
be planted no more than six feet from the right-of-way according to the street tree planting
standards in the Urban Forestry Manual when planting within the right-of-way is not practicable.
F. An existing tree may be used to meet the street tree standards provided that:
1. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses
is either within the subject site or within the right-of-way immediately adjacent to the
subject site;
2. The tree would be permitted as a street tree according to the street tree planting and soil
volume standards in the Urban Forestry Manual if it were newly planted;and
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3. The tree is shown as preserved in the tree preservation and removal site plan (per
18.790.030.A.2), tree canopy cover site plan (per 18.790.030.A.3) and supplemental report
(per 18.790.030.A.4) of a concurrent urban forestry plan and is eligible for credit towards the
effective tree canopy cover of the site.
G. In cases where it is not practicable to provide the minimum number of required street trees, the
director may allow the applicant to remit payment into the urban forestry fund for tree planting
and early establishment in an amount equivalent to the city's cost to plant and maintain a street
tree for three years (per the street tree planting standards in the Urban Forestry Manual)for
each tree below the minimum required. (Ord. 12-09§1; Ord. 09-13)
Response: Street tree plantings will be included as part of the construction of street improvements
along both sides of the proposed, SW Jason Ln., as well as along the subject property's northeastern
frontage on SW 100th Avenue. As depicted by the Arborist's Report in Exhibit J, and the Preliminary
Engineering Plan Set in Exhibit F, 31 street trees are proposed; which exceeds the minimum requirement
for the subject property. The spacing of driveways provides numerous opportunities to plant street
trees. Compliance with these provisions can be assured through a condition of approval. The street trees
are shown on the Landscaping Plan in Exhibit F.These provisions are satisfied.
18.745.050 Buffering and Screening
A. General provisions.
1. It is the intent that these requirements shall provide for privacy and protection and reduce or
eliminate the adverse impacts of visual or noise pollution at a development site, without
unduly interfering with the view from neighboring properties or jeopardizing the safety of
pedestrians and vehicles.
2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a
different type in accordance with the matrices in this chapter (Tables 18.745.1 and
18.745.2). The owner of each proposed development is responsible for the installation and
effective maintenance of buffering and screening. When different uses would be abutting
one another except for separation by a right-of-way, buffering, but not screening, shall be
required as specified in the matrix.
3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be
submitted for the Director's approval as an alternative to the buffer area landscaping and
screening standards, provided it affords the same degree of buffering and screening as
required by this code.
[further provisions omitted for brevity]
Response: Adjacent properties are also zoned R-3.5, and the majority of the properties surrounding the
subject property are in use as detached single-family residence sites. These provisions are satisfied.
18.745.060 Re-vegetation
A. When re-vegetation is required. Where natural vegetation has been removed through grading in
areas not affected by the landscaping requirements and that are not to be occupied by
structures, such areas are to be replanted as set forth in this section to prevent erosion after
construction activities are completed.
B. Preparation for re-vegetation. Topsoil removed from the surface in preparation for grading and
construction is to be stored on or near the sites and protected from erosion while grading
operations are underway;and
1. Such storage may not be located where it would cause suffocation of root systems of trees
intended to be preserved;and
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Erika Court Subdivision
2. After completion of such grading, the topsoil is to be restored to exposed cut and fill
embankments or building pads to provide a suitable base for seeding and planting.
C. Methods of re-vegetation.
1. Acceptable methods of re-vegetation include hydro-mulching or the planting of rye grass,
barley, or other seed with equivalent germination rates, and:
a. Where lawn or turf grass is to be established, lawn grass seed or other appropriate
landscape cover is to be sown at not less than four pounds to each 1,000 square feet of
land area;
b. Other re-vegetation methods offering equivalent protection may be approved by the
approval authority;
c. Plant materials are to be watered at intervals sufficient to ensure survival and growth;
and
d. The use of native plant materials is encouraged to reduce irrigation and maintenance
demands.
Response: Site grading, construction of utilities and streets, and house building will involve removal,
storage, and redistribution of organic topsoils to provide suitable planting areas within the proposed
lots. The applicant will comply with re-vegetation requirements in areas pending active construction.
Landscaping of yards surrounding finished homes is likely to exceed these re-vegetation provisions.
Compliance can be assured through imposition of approval conditions. These provisions are satisfied.
Chapter 18.765 Off-Street Parking and Loading Requirements
18.765.030 General Provisions
A. Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans
are presented and approved as provided by this chapter that show how access, egress and
circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director
shall provide the applicant with detailed information about this submission requirement.
B. Location of vehicle parking. The location of off-street parking will be as follows:
1. Off-street parking spaces for single-family and duplex dwellings and single-family attached
dwellings shall be located on the same lot with the dwelling(s).
TABLE 18.765.2(excerpt)
MINIMUM AND MAXIMUM REQUIRED OFF-STREET VEHICLE AND BICYCLE PARKING REQUIREMENTS
(NA:Not Addressed DU:Dwelling Unit (M):Metro Requirement)
MAXIMUM1l1
MINIMUM ZONE A ZONE B BICYCLE
RESIDENTIAL
Household Living _
Single Units, 1.0/DU none(M) none(M) none
Detached
Response: All of the proposed lots exceed the required 65-foot minimum width requirement in the R-
3.5 zone and are wide enough to accommodate homes with two-car garages. Future home construction
will be required to provide at least a one-car garage, plus one off-street parking space in front of the
garage entrance, in compliance with these provisions. For reasons related to market demand, it is more
likely that homes will include two-car garages, plus off-street parking for two vehicles in front of each
home, exceeding the minimum requirement. There is no minimum bicycle parking requirement for
detached single family homes. These provisions are satisfied.
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Chapter 18.790 Urban Forestry Plan
18.790.030 Urban Forestry Plan Requirement
A. Urban forestry plan requirements.An urban forestry plan shall:
1. Be coordinated and approved by a landscape architect(the project landscape architect) or a
person that is both a certified arborist and tree risk assessor(the project arborist), except for
minor land partitions that can demonstrate compliance with effective tree canopy cover and
soil volume requirements by planting street trees in open soil volumes only;
2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual;
3. Meet the tree canopy site plan standards in the Urban Forestry Manual; and
4. Meet the supplemental report standards in the Urban Forestry Manual.
B. Tree canopy fee. If the supplemental report demonstrates that the applicable standard percent
effective tree canopy cover will not be provided through any combination of tree planting or
preservation for the overall development site (excluding streets) or that the 15% effective tree
canopy cover will not be provided through any combination of tree planting or preservation for
any individual lot or tract in the R-1, R-2, R-3.5, R-4.5 and R-7 districts (when the overall
development site meets or exceeds the standard percent effective tree canopy cover), then the
applicant shall provide the city a tree canopy fee according to the methodology outlined in the
tree canopy fee calculation requirements in the Urban Forestry Manual.
C. Tree canopy fee use. Tree canopy fees provided to the city shall be deposited into the urban
forestry fund and used as approved by council through a resolution. (Ord. 12-09§1)
Response: Consideration was taken in the development of the site plan to preserve existing trees. The
applicant has retained a professional consulting arborist to evaluate existing trees on the property and
make recommendations for tree retention and replanting (Exhibit J, Urban Forestry Plan). The Existing
Conditions plan drawing, provided in Exhibit F, includes the locations and generalized types and trunk
sizes for on-site existing trees. The Grading Plan, provided in Exhibit F, identifies trees to be retained
during construction and the locations for placement of protective fencing. Based upon the Arborist's
Report in Exhibit J, the preservation of existing trees and planting of new trees will exceed the
requirements of the Urban Forestry Plan. This application proposes 40.9% effective canopy coverage for
the subject property, and greater than 17.5% effective canopy coverage for each of the 10 Lots. These
provisions are satisfied.
18.790.040 Discretionary Urban Forestry Plan Review Option
Response:This Section is not applicable because this application does not include a request to utilize
any of the Discretionary Urban Forestry Plan Review Option.
18.790.050 Flexible Standards for Tree Planting and Preservation
18.790.050 Permit Applicability
A. Removal permit required. Tree removal permits shall be required only for the removal of any
tree which is located on or in a sensitive land area as defined by Chapter 18.775. The permit for
removal of a tree shall be processed as a Type I procedure, as governed by Section 18.390.030,
using the following approval criteria:
[detailed provisions omitted for brevity]
Response:This Section is not applicable because no part of the subject property is located in a sensitive
land area.
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Chapter 18.795 Visual Clearance Areas
18.795.020 Applicability of Provisions
A. When provisions apply. The provisions of this chapter shall apply to all development including
the construction of new structures, the remodeling of existing structures and to a change of use
which increases the on-site parking or loading requirements or which changes the access
requirements.
B. When site development review is not required. Where the provisions of Chapter 18.330, Site
Development Review, do not apply, the Director shall approve, approve with conditions, or deny
a plan submitted under the provisions of this chapter through a Type I procedure, as governed by
Section 18.390.030, using the standards in this chapter as approval criteria.
18.795.030 Visual Clearance Requirements
A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on
the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a
driveway providing access to a public or private street.
B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting,fence, wall
structure or temporary or permanent obstruction (except for an occasional utility pole or tree),
exceeding three feet in height, measured from the top of the curb, or where no curb exists,from
the street center line grade, except that trees exceeding this height may be located in this area,
provided all branches below eight feet are removed.
C. Additional topographical constraints. Where the crest of a hill or vertical curve conditions
contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges,
plantings,fences, walls, wall structures and temporary or permanent obstructions shall be
further reduced in height or eliminated to comply with the intent of the required clear vision
area.
18.795.040 Computations
A. Arterial streets. On all designated arterial streets the visual clearance area shall not be less than
35 feet on each side of the intersection.
B. Non-arterial streets.
1. Non-arterial streets 24 feet or more in width. At all intersections of two non-arterial streets, a
non-arterial street and a driveway, and a non-arterial street or driveway and railroad where at
least one of the streets or driveways is 24 feet or more in width, a visual clearance area shall be a
triangle formed by the right-of-way or property lines along such lots and a straight line joining
the right-of-way or property line at points which are 30 feet distance from the intersection of the
right-of-way line and measured along such lines. See Figure 18.795.1:
2. Non-arterial streets less than 24 feet in width. At all intersections of two non-arterial streets, a
non-arterial street and a driveway, and a non-arterial street or driveway and railroad where
both streets and/or driveways are less than 24 feet in width, a visual clearance area shall be a
triangle whose base extends 30 feet along the street right-of-way line in both directions from the
centerline of the accessway at the front setback line of a single family and two family residence,
and 30 feet back from the property line on all other types of uses.
Response: The street plan for the proposed development will include the proposed public road, SW
Jason Ln., intersecting with both SW 100`h Ave and SW 103rd Ave. The new intersection will require a
vision clearance for both intersections. New home construction and driveways on each of the proposed
lots will be required to meet the applicable visual clearance triangle requirement. A Preliminary Site
Distance Certification is included with this application (Exhibit I, Sight Distance Certification).
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Chapter 18.810 Streets and Utility Improvement Standards
18.810.030 Streets
A. Improvements.
1. No development shall occur unless the development has frontage or approved access to a
public street.
2. No development shall occur unless streets within the development meet the standards of this
chapter.
3 No development shall occur unless the streets adjacent to the development meet the
standards of this chapter, provided, however, that a development may be approved if the
adjacent street does not meet the standards but half-street improvements meeting the
standards of this title are constructed adjacent to the development.
4 Any new street or additional street width planned as a portion of an existing street shall
meet the standards of this chapter.
5. If the city could and would otherwise require the applicant to provide street improvements,
the city engineer may accept a future improvements guarantee in lieu of street
improvements if one or more of the following conditions exist:
a. A partial improvement is not feasible due to the inability to achieve proper design
standards;
b. A partial improvement may create a potential safety hazard to motorists or pedestrians;
c. Due to the nature of existing development on adjacent properties it is unlikely that street
improvements would be extended in the foreseeable future and the improvement
associated with the project under review does not, by itself, provide a significant
improvement to street safety or capacity;
d. The improvement would be in conflict with an adopted capital improvement plan;
e. The improvement is associated with an approved land partition on property zoned
residential and the proposed land partition does not create any new streets;or
f. Additional planning work is required to define the appropriate design standards for the
street and the application is for a project which would contribute only a minor portion of
the anticipated future traffic on the street.
6. The standards of this chapter include the standard specifications adopted by the city
engineer pursuant to Section 18.810.020.8.
7. The approval authority may approve adjustments to the standards of this chapter if
compliance with the standards would result in an adverse impact on natural features such as
wetlands, bodies of water, significant habitat areas, steep slopes, or existing mature trees.
The approval authority may also approve adjustments to the standards of this chapter if
compliance with the standards would have a substantial adverse impact on existing
development or would preclude development on the property where the development is
proposed. In approving an adjustment to the standards, the approval authority shall balance
the benefit of the adjustment with the impact on the public interest represented by the
standards. In evaluating the impact on the public interest, the approval authority shall
consider the criteria listed in Section 18.810.030.E.1. An adjustment to the standards may
not be granted if the adjustment would risk public safety.
Response: The proposed subdivision will create a public right-of-way, SW Jason Ln. which will intersect
with both SW 100th Ave and SW 103rd Avenue and will satisfy city standards. These provisions are
satisfied.
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B. Creation of rights-of-way for streets and related purposes.
Rights-of-way shall be created through the approval of a final subdivision plat or major partition;
however, the council may approve the creation of a street by acceptance of a deed, provided
that such street is deemed essential by the council for the purpose of general traffic circulation.
1. The council may approve the creation of a street by deed of dedication without full
compliance with the regulations applicable to subdivisions or major partitions if any one or
more of the following conditions are found by the council to be present:
a. Establishment of a street is initiated by the council and is found to be essential for the
purpose of general traffic circulation, and partitioning or subdivision of land has an
incidental effect rather than being the primary objective in establishing the road or
street for public use; or
b. The tract in which the road or street is to be dedicated is an isolated ownership of one
acre or less and such dedication is recommended by the commission to the council based
on a finding that the proposal is not an attempt to evade the provisions of this title
governing the control of subdivisions or major partitions.
2. With each application for approval of a road or street right-of-way not in full compliance
with the regulations applicable to the standards, the proposed dedication shall be made a
condition of subdivision and major partition approval.
a. The applicant shall submit such additional information and justification as may be
necessary to enable the commission in its review to determine whether or not a
recommendation for approval by the council shall be made.
b. The recommendation, if any, shall be based upon a finding that the proposal is not in
conflict with the purpose of this title.
c. The commission in submitting the proposal with a recommendation to the council may
attach conditions which are necessary to preserve the standards of this title.
3. All deeds of dedication shall be in a form prescribed by the city and shall name "the public"
as grantee.
Response: All proposed public rights-of-way will be dedicated as part of the final plat process. These
provisions are satisfied.
D. Street location, width and grade.
Except as noted below, the location, width and grade of all streets shall conform to an approved
street plan and shall be considered in their relation to existing and planned streets, to
topographic conditions, to public convenience and safety, and in their appropriate relation to the
proposed use of the land to be served by such streets:
1. Street grades shall be approved by the city engineer in accordance with subsection N below;
and
2. Where the location of a street is not shown in an approved street plan, the arrangement of
streets in a development shall either:
a. Provide for the continuation or appropriate projection of existing streets in the
surrounding areas, or
b. Conform to a plan adopted by the commission, if it is impractical to conform to existing
street patterns because of particular topographical or other existing conditions of the
land. Such a plan shall be based on the type of land use to be served, the volume of
traffic, the capacity of adjoining streets and the need for public convenience and safety.
Response: The proposed street, SW Jason Lane, will be built to the required width and grade, and will
initially only provide non-emergency vehicular access to SW 103rd Ave., and pedestrian and emergency
vehicle access to SW 100th Ave. These provisions are satisfied.
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E. Minimum rights-of-way and street widths.
Unless otherwise indicated on an approved street plan, or as needed to continue an existing
improved street, street right-of-way and roadway widths shall not be less than the minimum
width described below. Where a range is indicated, the width shall be determined by the
decision-making authority based upon anticipated average daily traffic(ADT)on the new street
segment. (The City Council may adopt by resolution, design standards for street construction and
other public improvements. The design standards will provide guidance for determining
improvement requirements within the specified ranges.) These are presented in Table 18.810.1.
1. The decision-making body shall make its decision about desired right-of-way width and
pavement width of the various street types within the subdivision or development after
consideration of the following:
a. The type of road as set forth in the comprehensive plan transportation chapter-
functional street classification.
b. Anticipated traffic generation.
c. On-street parking needs.
d. Sidewalk and bikeway requirements.
e. Requirements for placement of utilities.
f Street lighting.
g. Drainage and slope impacts.
h. Street tree location.
i. Planting and landscape areas.
j. Safety and comfort for motorists, bicyclists, and pedestrians.
k. Access needs for emergency vehicles.
Response: Adequate right-of-way will be provided to allow the proposed street, SW Jason Ln., to be
built to its full width for all but the easterly 43 feet. In addition, adequate right-of-way will be provided
to allow for street improvements on both side of SW Jason Ln., and %z street improvements along the
western side of SW 100th Ave. on the northern half of the subject property. All street improvements are
designed to the standards of the City of Tigard. The new local residential street will be under 200 ADT
and will require at a minimum 50-feet of right-of-way and 28-feet of pavement, with an exception on
the western side of the subject property, adjacent to Lot 1 and Lot 10, where SW Jason Lane narrows to
28-feet of pavement and 46-feet of public right-of-way, so as to accommodate topography. These
provisions are satisfied.
F. Future street plan and extension of streets.
1. A future street plan shall:
a. Be filed by the applicant in conjunction with an application for a subdivision or partition.
The plan shall show the pattern of existing and proposed future streets from the
boundaries of the proposed land division and shall include other parcels within 530 feet
surrounding and adjacent to the proposed land division.At the applicant's request, the
city may prepare a future streets proposal. Costs of the city preparing a future streets
proposal shall be reimbursed for the time involved.A street proposal may be modified
when subsequent subdivision proposals are submitted.
b. Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes
and pedestrian facilities on or within 530 feet of the site.
2. Where necessary to give access or permit a satisfactory future division of adjoining land,
streets shall be extended to the boundary lines of the tract to be developed, and
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a. These extended streets or street stubs to adjoining properties are not considered to be
culs-de-sac since they are intended to continue as through streets at such time as the
adjoining property is developed.
b. A barricade shall be constructed at the end of the street by the property owners which
shall not be removed until authorized by the city engineer, the cost of which shall be
included in the street construction cost.
c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for
stub street in excess of 150 feet in length.
Response: A future street plan is not necessary, as adjacent properties are already developed.
Furthermore, no future street extension excluding half-street improvements to SW Jason Ln. at the east
end of the subject property, are necessary.
G. Street spacing and access management. Refer to Section 18.705.030.H.
Response:The proposal does not propose any lots which have access onto an arterial or a collector.The
proposed street, SW Jason Ln., is not within 125-feet of any other local street intersection. Furthermore,
a certification of sight distance is provided in Exhibit I.These provisions are satisfied.
H. Street alignment and connections.
1. Full street connections with spacing of no more than 530 feet between connections is
required except where prevented by barriers such as topography, railroads,freeways, pre-
existing developments, lease provisions, easements, covenants or other restrictions existing
prior to May 1, 1995 which preclude street connections. A full street connection may also be
exempted due to a regulated water feature if regulations would not permit construction.
2. All local, neighborhood routes and collector streets which abut a development site shall be
extended within the site to provide through circulation when not precluded by environmental
or topographical constraints, existing development patterns or strict adherence to other
standards in this code.A street connection or extension is considered precluded when it is
not possible to redesign or reconfigure the street pattern to provide required extensions.
Land is considered topographically constrained if the slope is greater than 15%for a distance
of 250 feet or more. In the case of environmental or topographical constraints, the mere
presence of a constraint is not sufficient to show that a street connection is not possible. The
applicant must show why the constraint precludes some reasonable street connection.
3. Proposed street or street extensions shall be located to provide direct access to existing or
planned transit stops, commercial services, and other neighborhood facilities, such as
schools, shopping areas and parks.
4. All developments should provide an internal network of connecting streets that provide
short, direct travel routes and minimize travel distances within the development.
Response: The subdivision proposes a new street, SW Jason Ln., to be built between SW 100th Ave. and
SW 103rd Ave. which provides required connectivity. However, until additional right-of-way is acquired
the street will not be open to non-emergency vehicular traffic to SW 100th Ave., but will provide for
pedestrian, bicycle and emergency vehicle traffic. There are no adjacent properties which require access
to the proposed SW Jason Ln.; all other properties currently have access to existing streets. These
provisions are satisfied.
I. Intersection angles.
Streets shall be laid out so as to intersect at an angle as near to a right angle as practicable,
except where topography requires a lesser angle, but in no case shall the angle be less than 75°
unless there is special intersection design, and:
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1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless
topography requires a lesser distance;
2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet
along the right-of-way lines of the acute angle; and
3. Right-of-way lines at intersection with arterial streets shall have a corner radius of not less
than 20 feet.
Response: The proposed street, SW Jason Ln., satisfies these requirements; see Exhibit F, Preliminary
Engineering Plan Set.These provisions are satisfied.
J. Existing rights-of-way.
Whenever existing rights-of-way adjacent to or within a tract are of less than standard width,
additional rights-of-way shall be provided at the time of subdivision or development.
Response: All required right-of-way will be provided through the platting of this subdivision. These
provisions are satisfied.
K. Partial street improvements.
Partial street improvements resulting in a pavement width of less than 20 feet, while generally
not acceptable, may be approved where essential to reasonable development when in
conformity with the other requirements of these regulations, and when it will be practical to
require the improvement of the other half when the adjoining property developed.
Response: No partial street improvements are proposed, with the exception of the final 43 feet of SW
Jason Ln.where it abuts SW 100th Ave.
L. Cul-de-sacs.
A cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20
dwelling units, and shall only be used when environmental or topographical constraints, existing
development pattern, or strict adherence to other standards in this code preclude street
extension and through circulation:
1. All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other
than circular shall be approved by the city engineer;and
2. The length of the cul-de-sac shall be measured from the centerline intersection point of the
two streets to the radius point of the bulb.
3. If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may
be required to be provided and dedicated to the city.
Response:These provisions are not applicable as no cul-de-sacs are proposed by this application.
M. Street names.
No street name shall be used which will duplicate or be confused with the names of existing
streets in Washington County, except for extensions of existing streets. Street names and
numbers shall conform to the established pattern in the surrounding area and as approved by
the city engineer.
Response: The proposed street name for the new street is SW Jason Ln.The Applicant will ensure that
the proposed name will not duplicate or be confused with an existing street name is Washington
County.These provisions are satisfied.
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N. Grades and curves.
1. Grades shall not exceed 10% on arterials, 12% on collector streets, or 12% on any other
street (except that local or residential access streets may have segments with grades up to
15%for distances of no greater than 250 feet);and
2. Centerline radii of curves shall be as determined by the city engineer.
Response: The grade of the proposed street will meet city design standards.These provisions are
satisfied.
O. Curbs, curb cuts, ramps, and driveway approaches.
Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be
constructed in accordance with standards specified in this chapter and Section 15.04.080, and:
1. Concrete curbs and driveway approaches are required;except:
2. Where no sidewalk is planned, an asphalt approach may be constructed with city engineer
approval;and
3. Asphalt and concrete driveway approaches to the property line shall be built to city
configuration standards.
Response: Concrete curbs and sidewalks will be constructed as part of the street construction for the
project along the proposed new street, as well as along the western side of SW 100th Ave. on the
northern half of the subject property. Concrete curbs and sidewalks are designed per City standards.
These provisions are satisfied.
S. Survey monuments.
Upon completion of a street improvement and prior to acceptance by the city, it shall be the
responsibility of the developer's registered professional land surveyor to provide certification to
the city that all boundary and interior monuments shall be reestablished and protected.
Response: Survey monuments will be set per City and County standards as part of the subdivision
process.These provisions are satisfied.
18.810.040 Blocks
A. Block design. The length, width and shape of blocks shall be designed with due regard to
providing adequate building sites for the use contemplated, consideration of needs for
convenient access, circulation, control and safety of street traffic and recognition of limitations
and opportunities of topography.
B. Sizes.
1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the
centerline of the streets except:
a. Where street location is precluded by natural topography, wetlands, significant habitat
areas or bodies of water, or pre-existing development;or
b. For blocks adjacent to arterial streets, limited access highways, collectors or railroads.
c. For nonresidential blocks in which internal public circulation provides equivalent access.
2. Bicycle and pedestrian connections on public easements or right-of-ways shall be provided when
full street connection is exempted by subsection B.1 of this section. Spacing between connections
shall be no more than 330 feet, except where precluded by environmental or topographical
constraints, existing development patterns, or strict adherence to other standards in the code.
(Ord. 06-20;Ord. 02-33)
Response: The development as proposed meets all of the standards of this Section. No blocks are
created by this project, and bicycle and pedestrian connections are provided. These provisions are
satisfied.
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18.810.060 Lots
A. Size and shape. Lot size, width, shape and orientation shall be appropriate for the location of the
development and for the type of use contemplated, and:
1. No lot shall contain part of an existing or proposed public right-of-way within its dimensions.
2. The depth of all lots shall not exceed 2-1/2 times the average width, unless the parcel is less
than 1-1/2 times the minimum lot size of the applicable zoning district.
3. Depth and width of properties zoned for commercial and industrial purposes shall be
adequate to provide for the off-street parking and service facilities required by the type of
use proposed.
B. Lot frontage. Each lot shall abut upon a public or private street, other than an alley,for a width
of at least 25 feet unless the lot is created through a minor land partition in which case
subsection 18.162.050.0 applies, or unless the lot is for an attached single-family dwelling unit,
in which case the lot frontage shall be at least 15 feet.
C. Through lots. Through lots shall be avoided except where they are essential to provide
separation of residential development from major traffic arterials or to overcome specific
disadvantages of topography and orientation, and:
1. A planting buffer at least 10 feet wide is required abutting the arterial rights-of-way;and
2. All through lots shall provide the required front yard setback on each street.
D. Lot side lines. The side lines of lots, as far as practicable, shall be at right angles to the street
upon which the lots front.
E. Large lots. In dividing tracts into large lots or parcels which at some future time are likely to be
redivided, the commission may require that the lots be of such size and shape, and be so divided
into building sites, and contain such site restrictions as will provide for the extension and opening
of streets at intervals which will permit a subsequent division of any tract into lots or parcels of
smaller size. The land division shall be denied if the proposed large development lot does not
provide for the future division of the lots and future extension of public facilities.
Response: Each of the proposed lots will have frontage on a public street, meeting the criteria of the
code. These provisions are satisfied.
18.810.070 Sidewalks
A. Sidewalks. All industrial streets and private streets shall have sidewalks meeting city standards
along at least one side of the street. All other streets shall have sidewalks meeting city standards
along both sides of the street. A development may be approved if an adjoining street has
sidewalks on the side adjoining the development, even if no sidewalk exists on the other side of
the street.
B. Requirement of developers.
1. As part of any development proposal, or change in use resulting in an additional 1,000
vehicle trips or more per day, an applicant shall be required to identify direct, safe(1.25 x the
straight line distance) pedestrian routes within 1/2 mile of their site to all transit facilities
and neighborhood activity centers (schools, parks, libraries, etc.). In addition, the developer
may be required to participate in the removal of any gaps in the pedestrian system off-site if
justified by the development.
2. If there is an existing sidewalk on the same side of the street as the development within 300
feet of a development site in either direction, the sidewalk shall be extended from the site to
meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not
serve a neighborhood activity center).
C. Planter strip requirements. A planter strip separation of at least five feet between the curb and
the sidewalk shall be required in the design of streets, except where the following conditions
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exist: there is inadequate right-of-way; the curbside sidewalks already exist on predominant
portions of the street; it would conflict with the utilities; there are significant natural features
(large trees, water features, significant habitat areas, etc.) that would be destroyed if the
sidewalk were located as required; or where there are existing structures in close proximity to
the street (15 feet or less). Additional consideration for exempting the planter strip requirement
may be given on a case-by-case basis if a property abuts more than one street frontage.
Response: Sidewalks will be provided along both sides of SW Jason Ln. and the western side of SW 100th
Ave. on the northern half of the subject property. All street improvements are designed to the standards
of the City of Tigard.These provisions are satisfied.
18.810.090 Sanitary Sewers
A. Sewers required. Sanitary sewers shall be installed to serve each new development and to
connect developments to existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management(as adopted by the Unified
Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted
policies of the comprehensive plan.
B. Sewer plan approval. The city engineer shall approve all sanitary sewer plans and proposed
systems prior to issuance of development permits involving sewer service.
C. Over-sizing. Proposed sewer systems shall include consideration of additional development
within the area as projected by the comprehensive plan.
D. Permits denied. Development permits may be restricted by the commission or hearings officer
where a deficiency exists in the existing sewer system or portion thereof which cannot be
rectified within the development and which if not rectified will result in a threat to public health
or safety, surcharging of existing mains, or violations of state or federal standards pertaining to
operation of the sewage treatment system.
Response: A new lateral sewer line will connect to the existing sewer line running within SW 100th Ave.,
and service laterals will be provided to each lot. There is adequate depth of service for each lot for
gravity service.These provisions are satisfied.
18.810.100 Storm Drainage
A. General provisions. The director and city engineer shall issue a development permit only where
adequate provisions for storm water and floodwater runoff have been made, and:
1. The storm water drainage system shall be separate and independent of any sanitary
sewerage system;
2. Where possible, inlets shall be provided so surface water is not carried across any
intersection or allowed to flood any street;and
3. Surface water drainage patterns shall be shown on every development proposal plan.
B. Easements. Where a development is traversed by a watercourse, drainageway, channel or
stream, there shall be provided a storm water easement or drainage right-of-way conforming
substantially with the lines of such watercourse and such further width as will be adequate for
conveyance and maintenance.
C. Accommodation of upstream drainage. A culvert or other drainage facility shall be large enough
to accommodate potential runoff from its entire upstream drainage area, whether inside or
outside the development, and the city engineer shall approve the necessary size of the facility,
based on the provisions of Design and Construction Standards for Sanitary and Surface Water
Management(as adopted by the Unified Sewerage Agency in 1996 and including any future
revisions or amendments).
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D. Effect on downstream drainage. Where it is anticipated by the city engineer that the additional
runoff resulting from the development will overload an existing drainage facility, the director and
engineer shall withhold approval of the development until provisions have been made for
improvement of the potential condition or until provisions have been made for storage of
additional runoff caused by the development in accordance with the Design and Construction
Standards for Sanitary and Surface Water Management(as adopted by the Unified Sewerage
Agency in 1996 and including any future revisions or amendments).
Response: Stormwater runoff from the lots and paved surfaces will be collected through catch basins
and pipes and extended to a water quality tract in the northeastern corner of the subject project.
Following treatment, the water will be collected and piped to the existing storm drain system in SW
100th Ave. A preliminary stormwater report has been prepared (Exhibit K) that addresses projected
runoff volumes from the project and any impacts to downstream facilities. Analysis will be completed in
accordance with CWS standards.These provisions are satisfied.
18.810.110 Bikeways and Pedestrian Pathways
A. Bikeway extension.
1. As a standard, bike lanes shall be required along all arterial and collector routes and where
identified on the city's adopted bicycle plan in the transportation system plan (TSP). Bike lane
requirements along collectors within the Downtown Urban Renewal District shall be
determined by the city engineer.
2. Developments adjoining proposed bikeways identified on the city's adopted
pedestrian/bikeway plan shall include provisions for the future extension of such bikeways
through the dedication of easements or rights-of-way,provided such dedication is directly
related to and roughly proportional to the impact of the development.
3. Any new street improvement project shall include bicycle lanes as required in this document
and on the adopted bicycle plan.
Response: Bikeways are not applicable to this subdivision application as SW 100th Ave is classified as a
neighborhood street and SW 103rd Avenue, as well as the proposed SW Jason Ln. are designated as local
streets.
18.810.120 Utilities
A. Underground utilities.All utility lines including, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes and
meter cabinets which may be placed above ground, temporary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or above, and:
1. The developer shall make all necessary arrangements with the serving utility to provide the
underground services;
2. The city reserves the right to approve location of all surface mounted facilities;
3. All underground utilities, including sanitary sewers and storm drains installed in streets by
the developer, shall be constructed prior to the surfacing of the streets;and
4. Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
B. Information on development plans. The applicant for a development shall show on the
development plan or in the explanatory information, easements for all underground utility
facilities, and:
1. Plans showing the location of all underground facilities as described herein shall be
submitted to the city engineer for review and approval;and
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2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct
vision clearance areas for vehicular traffic.
C. Exception to underqroundinq requirement.
1. The developer shall pay a fee in-lieu of undergrounding costs when the development is
proposed to take place on a street where existing utilities which are not underground will
serve the development and the approval authority determines that the cost and technical
difficulty of under-grounding the utilities outweighs the benefit of undergrounding in
conjunction with the development. The determination shall be on a case-by-case basis. The
most common, but not the only, such situation is a short frontage development for which
undergrounding would result in the placement of additional poles, rather than the removal
of above-ground utilities facilities.
2. An applicant for a development which is served by utilities which are not underground and
which are located across a public right-of-way from the applicant's property shall pay the fee
in-lieu of undergrounding.
3. Properties within the CBD zoning district shall be exempt from the requirements for
undergrounding of utility lines and from the fee in-lieu of undergrounding.
4. The exceptions in paragraphs 1 through 3 of this subsection C shall apply only to existing
utility lines.All new utility lines shall be placed underground.
D. Fee in-lieu of undergrounding.
1. The city engineer shall establish utility service areas in the city. All development which occurs
within a utility service area shall pay a fee in-lieu of undergrounding for utilities if the
development does not provide underground utilities, unless exempted by this code.
2. The city engineer shall establish the fee by utility service area which shall be determined
based upon the estimated cost to underground utilities within each service area. The total
estimated cost for undergrounding in a service area shall be allocated on a front foot basis
to each party within the service area. The fee due from any developer shall be calculated
based on a front foot basis.
3. A developer shall receive a credit against the fee for costs incurred in the undergrounding of
existing overhead utilities. The city engineer shall determine the amount of the credit, after
review of cost information submitted by the applicant with the request for credit.
4. The funds collected in each service area shall be used for undergrounding utilities within the
city at large. The city engineer shall prepare and maintain a list of proposed undergrounding
projects which may be funded with the fees collected by the city. The list shall indicate the
estimated timing and cost of each project. The list shall be submitted to the City Council for
their review and approval annually.
Response: All new service utilities will be placed underground per city standards. Undergrounding of
existing utilities will be determined at time of final construction documents. The developer will
coordinate efforts with the city regarding undergrounding locations and costs. These provisions are
satisfied.
Conclusion:
The Applicant has presented substantial evidence to demonstrate that the proposed Erika Court
Subdivision complies with all applicable standards and approval criteria; thereby the applicant
respectfully requests approval of the proposed 10-Lot Subdivision.
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