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MLP2018-00005 TIGARD City of Tigard December 22,2020 JTC Partners LLC 4505 SW Fairview Blvd Portland, OR 97221 Re: Permit No. MLP2018-00005 Dear Applicant: The City of Tigard has canceled the above referenced permit(s) and encloses a refund for the following: Site Address: 12660 SW 135*Ave Project Name: JTC Partners LLC Partition Job No.: N/A Refund Method: ® Check#237558 in the amount of$1,020.00. ❑ Credit card"return"receipt in the amount of$ . Note: Please allow 2-5 days for this refund transaction to be credited to your account by the company that issued your card. ❑ Trust account"deposit"receipt in the amount of$ . Comment(s): Per applicant's request as job was not completed. Refund 80%of final plat fees paid. If you have any questions please contact me at 503.718.2430. Sincerely, /� <0.v Dianna Ornelas Building Division Services Supervisor Enc. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov ICity of Tigard 1. „��l� Accela Refund Request This form is used for refund requests of land use, development engineering and building permit application fees. Receipts, documentation and the Request for Permit Action form (if applicable) must be attached to this request form. Refund requests are due to Accela System Administrator by each Wednesday at 5:00 PM. Please allow up to 3 weeks for processing of refunds. Accounts Payable will route refund checks to Accela System Administrator for distribution to applicant. PAYABLE JTC Partners LLC DATE: 12/9/2020 TO: 4505 SW Fairview Blvd Portland, OR 97221 REQUESTED BY: Dianna Omelas TRANSACTION INFORMATION: Receipt#: 426279 Case#: MLP2018-00005 Date: 10/7/2019 Address/Parcel: 12660 SW 135th Ave Pay Method: Check Project Name: JTC Partners LLC Partition EXPLANATION: Per applicant's request as project was not completed. Refund 80%of final plat fees. REFUND INFORMATION: Fee Description From Receipt Revenue Account No. Refund Example: Building Permit Fee Example: 2300000-43104 $Amount Land Partition - Final Plat 100-0000-43116 $1,020.00 TOTAL REFUND: $1,020.00 APPROVALS: SIGNATURES/DATE: If under$5,000 Professional Staff If under$12,500 Division Manager D. L. Olryleictis If under$25,000 Department Manager If under$100,000 City Manager If over$50,000 Local Contract Review Board FOR ACCELA SYSTEM Al MINISTRATION USE ONLY Case Refund Processed: Date: •//3 i By: 4e9 I:\Budding\Refunds\RefundRequest.doc x 09/01/2010 V 0 I dp City of Tigard • ax rays eque T . . . , , ,. . . . ., ,, , ,,on /219/ze Sil 1 .112., SAN .1, - • . ,$./,'t&W.L.49'$,$.",$‘,1 $ w ED an.OF TIGARD JUL 7 2020 BuirStAing Dtwition CITY OF TIGARD '"t± fi. 4' t$. Ai'. ' 'r`. I!+ e"tt 4*''''''rklBUILDUNG DIVISION REFUND OR ,...,. �} d-Voz " *-**' 4-1,* 1C.T , /+a Y" 'i Zt t ' -' ' .5443 AV, 441)0 (*.fUltraZspc faArioptilS J 01,, ., T'7 .,.ffr____ ., rr PLEASE TAKE♦ACC ?MOT TION POE THE trews)CHECKED Orr: CANCEL/ RRCrAND 14 Po *ugh teli' tgittimi stuipt Ind peutidcrtplutitiott #,.go !N /f t`Gr Ft)R U-TES DUE i aztm i,rot f �lud> rrw ;.a it U ,, D (11,044111004 c el ,:. FstrAoct N s T T+ ; + Ze1V�t Ati441 r'ic ? E.' PLAN.iTIIO ; .. ` ".t" wt u "' y ........„..,..,___,.....,... 1r 71' • . .s,isus iktriat404 xa Om rs+ *+t'*#' 4 :We 4WWIIt rn'nr d441,1t sst-wsw'ded * .' I"s �` .*'iauw<. rEr' %.4 s aa^*X ..x,.14e.sr,Kkki1u.e 14, . u"..:2. ,s;:., t r .t1* l. '�F•Q#*' • WI iht kN*5',-.*1444 a xM,y#. v.:...*fry**, t itttwo 41. 14 &r /2 7.5 C"' eft)2v _ ;a av . cry) ass s owl ,2 71 ' `f-� ' . , r ,a 3 c?SE ONLY i !gelds i Fttxts$ s*c R ?/ ... 1 Ips+,44.4, ea„6** i ., . $;{e"iuiF.rt Yr..1ak. lkii",,.x'.t fl..,a4... `it 4. w .,�.+f ._ 1 CITY OF TIGARD RECEIPT I 13125 SW Hall Blvd.,Tigard OR 97223 111 503.639.4171 TIGARD Project Name: JTC Partners LLC Partition Site Address: 12660 SW 135TH AVE / nf_A//� Receipt Number: 435835 - 08/13/2021 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID M LP2018-00005 $-1,020.00 Total: $-1,020.00 PAYMENT METHOD CHECK# AUTH CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 237558 DHOWSE 08/13/2021 $-1,020.00 Payor: JTC Partners LLC Total Payments: $-1,020.00 Balance Due: $1,020.00 Page 1 of 1 IIII CITY OF TIGARD RECEIPT ■ • 13125 SW Hall Blvd.,Tigard OR 97223 - 503.639.4171 TIGARD Project Name: JTC Partners LLC Partition Site Address: 12660 SW 135TH AVE Q riAr eczt Receipt Number: 426279 - 10/07/2019 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MLP2018-00005 Land Partition- Final Plat 100-0000-43116 $1,275.00 Total: $1,275.00 PAYMENT METHOD CHECK# AUTH CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 2077 ALINDOR 10/07/2019 $1,275.00 Payor: JTC Partners LLC Total Payments: $1,275.00 Balance Due: $0.00 Page 1 of 1 N / Dianna Ornelas From: Dianna Ornelas Sent: Monday, November 23, 2020 12:17 PM To: Lina Smith Subject: 12660 SW 135th Ave -JTC Partners LLC Partition Attachments: Fennelley_JTC-Partners_Partition_RefundRequest_112320.pdf; Fennelley_JTC- Partners_Partition_LandUse_Receipts_112320.pdf; Fennelley_JTC- Partners_Partition_Refund_PFI_112320.pdf Importance: High Hi Lina, I am trying to catch up on my refund request backlog and I have some questions about this one. Mr. Fennelley submitted a request for refunds on multiple permits (see attached) but the refund request on the form only lists MLP2018-00005 and ADJ2019-00001, and he didn't attach the right receipts, so I have attached all of the receipts for these two cases. There is documentation that explains the reason for the request and I need you to review and approve what actually can be refunded for the land use cases. You can email me specific case numbers and the specific amounts and reason for the refunds in an email which will be sufficient. Also, should any of the land use cases be changed to voided or withdrawn? The PFI fees have already been refunded per the attached request processed from Brady. Thanks and please let me know if you have any questions. Dianna L. Ornelas Building Division Services Supervisor City of Tigard I Community Development 13125 SW Hall Blvd I Tigard, OR 97223 503-718-2430 Direct 1503-718-2439 Permits fie /4®Zf/i i `_ets er 7' SEE",15 7mL--' 4-1-7 7-2/z /2-O ,' i,, l—ox/ 7 ePo z < 00y /471 /A 2o/or-----0 1 NOTICE OF DECISION PAGE 1 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION NOTICE OF TYPE II DECISION MINOR LAND PARTITION MLP2018-00005 JTC PARTNERS, LLC PARTITION 120 DAYS = August 30, 2019 SECTION I. APPLICATION SUMMARY FILE NAME: JTC PARTNERS, LLC PARTITION CASE NOS.: MINOR LAND PARTITION MLP2018-00005 DEVELOPMENT ADJUSTMENT ADJ2019-00001 PROPOSAL: The applicant is requesting a Minor Land Partition to divide a 0.55-acre lot into three (3) parcels. An existing home will remain on Parcel 1, which will be 11,029 square feet in size. Parcel 2 will be 5,180 square feet in size, and Parcel 3 will be 6,577 square feet in size. The applicant also requests an adjustment to reduce the rear yard setback on Parcel 1 from 15 feet to 12 feet (20 percent). APPLICANT: Nys Associates Attn: Steve Nys 10250 SW 87th Avenue Tigard, OR 97223 OWNERS: JTC Partners, LLC Attn: John Fennelly 4505 SW Fairview Boulevard Portland, OR 97221 LOCATION: 12660 SW 135th Avenue; WCTM 2S104AC, Tax Lot 12800 COMPREHENSIVE PLAN DESIGNATION: R-7: Medium-Density Residential Zone ZONE: R-7: Medium-Density Residential Zone. The R-7 zone is designed to accommodate attached single-family homes, detached single-family homes with or without accessory dwelling units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks are permitted outright. Some civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.110, 18.310, 18.320, 18.520, 18.710, 18.790, 18.820, 18.910, 19.920, and 18.930. NOTICE OF DECISION PAGE 2 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director’s designee has APPROVED the above request, subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. CONDITIONS OF APPROVAL THE FOLLOWING CONDITION MUST BE SATISFIED PRIOR TO PERMIT SUBMISSION: The applicant must prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: OSCAR CONTRERAS (503)718-2687 or OscarC@tigard-or.gov. The cover letter must clearly identify where in the submittal the required information is found: 1. The City of Tigard is responsible for the approval of new street names and assigning addresses for parcels within the city. The applicant must submit an AutoCAD file of the preliminary plat for review of street names and/or address assignments. Contact Oscar Contreras in the Engineering Division at (503) 718-2678 for the submission of the AutoCAD file, and to ensure that any new street names and/or addresses are assigned. The applicant must pay the addressing fee, prior to permit submission. The addressing fee will be assessed in accordance with the current Master Fee Schedule. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO COMMENCING ANY ON-SITE IMPROVEMENTS INCLUDING GRADING, EXCAVATION, AND/OR FILL ACTIVITIES: The applicant must prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the PLANNING DIVISION, ATTN: LINA SMITH (503)718-2438 or LinaCS@tigard-or.gov. The cover letter must clearly identify where in the submittal the required information is found: 2. Prior to commencing any site work, the applicant must perform a site inspection for tree protection measures, document compliance/non-compliance with the Urban Forestry Plan, and send written verification with a signature of approval directly to the project planner within one (1) week of the site inspection. 3. Prior to commencing any site work, the applicant must pay a fee in-lieu of five (5) street trees. 4. Prior to commencing any site work, the applicant must pay a fee to cover the city’s cost of collecting and processing the inventory data for the entire urban forestry plan (Urban Forestry Manual, Section 11, Part 3). This fee amount will be for 16 open grown trees. 5. Prior to commencing any site work, the applicant must provide a tree establishment bond that meets the requirements of the Urban Forestry Manual, Section 11, Part 2. This bond amount will be for 11 open grown trees. 6. The applicant must perform semimonthly (twice monthly) site inspections for tree protection measures during periods of active site development and construction, document compliance/non-compliance with the Urban Forestry Plan, and send written verification with a signature of approval directly to the project planner within one (1) week of the site inspection. The applicant must prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KHOI LE, PRINCIPAL NOTICE OF DECISION PAGE 3 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION ENGINEER at (503) 718-2440 or khoi@tigard-or.gov. The cover letter must clearly identify where in the submittal the required information is found: 7. Improvements associated with public infrastructure, including street and right-of-way dedication, utilities, grading, water quality and quantity facilities, streetlights, easements, easement locations, and utility connections for future utility extensions must be designed in accordance with the following codes and standards: • City of Tigard Public Improvement Design Standards • Clean Water Services (CWS) Design and Construction Standards • The Community Development Code of the City of Tigard (CDC) and the Tigard Municipal Code • Fire Code • Other applicable County, State, and Federal Codes and Standard Guidelines 8. Improvements associated with public infrastructure, including street and right-of-way dedication, utilities, grading, water quality and quantity facilities, streetlights, easements, easement locations, and utility connections for future utility extensions are subject to the City Engineer’s review, modification, and approval. 9. Prior to commencing site improvements, a Public Facility Improvement (PFI) Permit is required for this project to cover all infrastructure work including stormwater quality and quantity facilities, and any other work in the public right-of-way. Three (3) sets of detailed public improvement plans must be submitted to the Engineering Division for review. An engineering cost estimate of improvements associated with public infrastructure, including but not limited to, street, street grading, utilities, stormwater quality, water quality facilities, sanitary sewer, streetlights, and franchise utilities will be required at the time of PFI Permit submittal. When the water system is under the City of Tigard’s jurisdiction, an engineering cost estimate of water improvements must be listed as a separate line item from the total cost estimate. 10. Prior to commencing site improvements, the applicant must submit the exact legal name, address, and telephone number of the individual or corporate entity who will be designated as the “Permittee,” and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Division will delay processing of project documents. 11. Prior to commencing site improvements, the applicant must provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking must be provided on site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed for this application, and include the vehicles of all suppliers and employees associated with the project. 12. Prior to commencing site improvements, the applicant must provide a photometric analysis to the Engineering Division for review and approval. New LED streetlights may be required based on the photometric analysis. The applicant must submit plans showing the locations of streetlights to the Engineering Division for review and approval. The types and colors of poles and light fixtures must also be included on the plan for review and approval. 13. Prior to commencing site improvements, the applicant must submit plans showing the following items to the Engineering Division for review and approval: SW 135th Avenue must include and be shown to have: NOTICE OF DECISION PAGE 4 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION • 29-foot from centerline right-of-way dedication • 18-foot minimum from centerline asphalt concrete pavement, meeting City of Tigard neighborhood route cross section. The applicant must core the street to verify whether the existing pavement and rock sections meet current standards. • Curb and gutter • Five-foot planter behind sidewalk • Six-foot concrete curb-tight sidewalk along the frontage, and extension to existing sidewalk located at Tax Lot 2S104AC12600 • Eight-foot public utility easement (PUE) • Street trees in the planter strip spaced in accordance with CDC standards • Streetlights as recommended by the approved photometric analysis • Underground utilities • Street striping, signs, names, and traffic control devices meeting the Manual of Uniform Traffic Control Devices (MUTCD) standards and the City of Tigard standards • Residential driveway approaches SW 134th Avenue must include and be shown to have: • 25-foot from centerline right-of-way dedication • Curb and gutter • Five-foot planter behind sidewalk • Six-foot curb-tight concrete sidewalk • Eight-foot PUE • Street trees in the planter strip spaced in accordance with CDC standards • Streetlights as recommended by the approved photometric analysis • Street striping, signs, names and traffic control devices meeting the MUTCD standards and the City of Tigard standards • Residential driveway approach 14. Prior to commencing site improvements, the applicant must submit site plans and a final storm drainage report as part of the PFI Permit, indicating how run-off generated by the development will be collected, conveyed, treated, and detained to the Engineering Division for review and approval. The storm drainage report must be prepared and include a maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard standards. 15. Prior to commencing site improvements, the applicant must obtain a CWS Stormwater Connection Authorization. The CWS Stormwater Connection Authorization must be obtained prior to issuance of the PFI Permit. Plans must be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. 16. Prior to commencing of site improvements, the applicant must submit site plans as part of the PFI Permit showing the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. 17. Prior to commencing site improvements, the applicant must submit site plans as part of the PFI Permit showing all proposed and/or extensions of public water lines, hydrants, and water services to be designed in accordance with the City of Tigard standards to the Engineering Division for review and approval. NOTICE OF DECISION PAGE 5 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION 18. Prior to commencing site improvements, the applicant must provide written approval from Tualatin Valley Fire and Rescue (TVF&R) for fire flow, hydrant placement, and emergency vehicular access and turnaround. 19. Prior to commencing site improvements, the applicant must submit an erosion control plan as part of the PFI Permit. The plan must conform to the “CWS Erosion Prevention and Sediment Control Design and Planning Manual,” (current edition), and must be submitted to the city with the PFI plans. 20. Prior to commencing site improvements, the applicant must submit a final grading plan showing the existing and proposed contours. The plan must detail the provisions for surface drainage of all lots, and show that they will be graded to ensure that surface drainage is directed to the street, or a public storm drainage system approved by the Engineering Division. 21. The design engineer must indicate on the grading plan which lots will have natural slopes between 10 percent and 20 percent, as well as lots that will have natural slopes in excess of 20 percent. This information is necessary to determine if special grading inspections and/or permits will be required when the lots develop. 22. Prior to commencing site improvements, the applicant must submit an AutoCAD file of the construction plans to the city for geographic information systems (GIS) purposes. 23. Prior to commencing of site improvements, the applicant must submit site plans, include Portland General Electric plans, showing how overhead utilities are going to be underground as part of the PFI Permit for review and approval. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO FINAL PLAT APPROVAL: The applicant must prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KHOI LE, PRINCIPAL ENGINEER at (503) 718-2440 or khoi@tigard-or.gov. The cover letter must clearly identify where in the submittal the required information is found: 24. Prior to final plat approval, all improvements associated with public infrastructure, including but not limited, to street improvements under the City of Tigard jurisdiction must be constructed, completed, and/or satisfied. The applicant must obtain conditional acceptance from the city, and provide a two-year maintenance assurance for said improvements. 25. Prior to final plat approval, all public utility facilities including, but not limited to, storm drainage, water quality and quantity, sanitary sewer, water, gas, electrical, communications, and wireless must be completed. 26. The applicant must submit four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative, to the city for review. 27. The final plat, and data or narrative, must be drawn to the minimum standards set forth by Oregon Revised Statutes (ORS) 92.05, Washington County, and the City of Tigard. 28. The final plat must include signature lines for the City Engineer and Community Development Director. NOTE: Washington County will not begin review of the final plat until they receive notice from the Engineering Division, indicating that the city has reviewed the final plat, and submitted comments to the applicant’s surveyor. 29. After the city and county have reviewed the final plat, the applicant must submit one (1) copy of the final plat for the NOTICE OF DECISION PAGE 6 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION City Engineer and Community Development Director’s signatures. 30. Submit a check in the amount of the current final plat review fee (Contact the Planner on Duty at 503-718-2421). 31. Prior to final plat approval, the applicant must submit to the Engineering Division the Final Sight Distance Certification, indicating that sight distance is still adequately provided along the development frontages on SW 134th and 135th Avenues. 32. Prior to final plat approval, the applicant must provide AutoCAD and PDF files of the as-built drawings. 33. Prior to final plat approval, the applicant must pay a fee in-lieu of street improvements, including sidewalks, for SW 135th Avenue. 34. Prior to final plat approval, the applicant must pay a fee in-lieu of undergrounding existing utilities located across the development frontage on SW 135th Avenue. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.830.070 Improvement Agreement: Before city approval is certified on the final plat, and before approved construction plans are issued by the city, the developer must: • Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs must be completed; and • Include in the agreement provisions that if such work is not completed within the period specified, the city may complete the work and recover the full cost and expenses from the developer. The agreement must stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.830.080 Bond: As required by Section 18.830.080, the developer must file with the agreement an assurance of performance supported by one (1) of the following: • An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; • A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the city in writing that it may be terminated; or • Cash. The developer must furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The developer may not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the city. 18.830.090 Filing and Recording: Within 60 days of the city review and approval, the applicant must submit the final plat to the county for signatures of county officials as required by ORS Chapter 92. Upon final recording with the county, the applicant must submit to the city a mylar copy of the recorded final plat. NOTICE OF DECISION PAGE 7 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION 18.830.060 Final Plat Application Submission Requirements: The applicant must submit four (4) copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. The final plat, and data or narrative, must be drawn to the minimum standards set forth by ORS 92.050, Washington County, and the City of Tigard. STREET CENTERLINE MONUMENTATION MUST BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with ORS 92.060, Subsection (2), the centerline of all street and roadway rights-of-way must be monumented before the city accepts a street improvement. The following centerline monuments must be set: • All centerline-centerline intersection points; • All cul-de-sac center points; and • Curve points, beginning and ending points (PC's and PT's). All centerline monuments must be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to city standards will be required around all centerline intersection points, cul-de- sac center points, and curve points. The tops of all monument boxes must be set to finished pavement grade. 18.910.120 Utilities All utility lines including, but not limited to those required for electric, communication, lighting, and cable television services, and related facilities must 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. 18.910.130 Cash or Bond Required All improvements installed by the developer must be guaranteed as to workmanship and material for a period of one (1) year following acceptance by the city. Such guarantee must be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond must comply with the terms and conditions of Section 18.830.080. 18.910.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements may be undertaken except after the plans have been approved by the city, permit fee paid, and permit issued. 18.910.180 Notice to City Required Work may not begin until the city has been notified in advance. If work is discontinued for any reason, it may not be resumed until the city is notified. 18.910.200 Engineer’s Certification The developer’s design engineer must provide written certification of a form provided by the city that all improvements, workmanship, and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to city acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. NOTICE OF DECISION PAGE 8 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION SECTION III. BACKGROUND INFORMATION Site and Vicinity Information The 0.55-acre site is located on the west side of SW 134th Avenue and east side of SW 135th Avenue, southwest of SW Walnut Street. The property is currently occupied by a detached, single-family dwelling, with an attached garage, an accessory dwelling unit (ADU) located above the garage, and paved driveway. The applicant is requesting a Minor Land Partition to divide the subject site into three (3) parcels. The existing home will remain on Parcel 1, which will be 11,029 square feet in size. Parcel 2 will be 5,180 square feet in size, and Parcel 3 will be 6,577 square feet in size. The applicant also requests an adjustment to reduce the rear yard setback on Parcel 1 from 15 feet to 12 feet (20 percent). Property History City records indicate the subject site was originally approved as part of the Hand Acres Subdivision in 1945. According to the Washington County Assessment and Taxation Report, the site was developed with a detached, single-family dwelling in 1930. In June 2018, the City of Tigard Planning Division issued an approval for a 746-square-foot ADU that is attached to the primary dwelling unit, and is located above the existing garage (Case No. ADU2018-00001). No other land use approvals were found that affect this property. SECTION IV. PUBLIC COMMENTS The CDC requires that all property owners of record within 500 feet of the proposed development site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior issuance of the decision. Staff mailed Notices of this Type II Application to affected parties on May 20, 2019. An e-mail was received from Faris Matin on June 3, 2019, expressing concern about trees in the neighborhood. RESPONSE: The applicant submitted an Urban Forestry Plan that meets all applicable standards for tree preservation, tree removal, and tree canopy in CDC Chapter 18.520 Urban Forestry, and the Urban Forestry Manual. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA This application was determined to be complete prior to January 31, 2019, and is therefore subject an older version of the CDC. The approval criteria and standards from the previous CDC version apply to this proposal. The following summarizes the standards and approval criteria applicable to this decision, in the order in which they are addressed: Applicable Review Criteria 18.110 Residential Zones 18.310 Off-Street Parking and Loading 18.320 Landscaping and Screening 18.520 Urban Forestry 18.790 Variances and Adjustments 18.820 Land Partitions 18.910 Improvement Standards 19.920 Access, Egress and Circulation 18.930 Vision Clearance Areas SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.110 Residential Zones 18.110.050 Development Standards A. Compliance. All development shall comply with: NOTICE OF DECISION PAGE 9 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION 1. All of the applicable development standards for the applicable base zone, except where the applicant has obtained variances or adjustments in compliance with Chapter 18.790, Variances and Adjustments; and 2. All other applicable standards and requirements in this title. B. Development standards. Development standards in residential zones are provided in Table 18.110.3. TABLE 18.110.3 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-7 Parcel 1 Parcel 2 Parcel 3 Minimum Lot Size - Detached unit 5,000 sq. ft. 11,029 sq. ft. 5,180 sq. ft. 6,577 sq. ft. Minimum Lot Width - Detached unit 50 ft. 104.3 ft. 78.41 ft. 66.13 ft. Minimum Setbacks - Front yard - Side facing street on corner & through lots - Side yard - Rear yard - Side or rear yard abutting more restrictive zone - Distance between property line and front of garage 15 ft. 10 ft. 5 ft. 15 ft. 30 ft. 20 ft. 44 ft. N/A >5 ft. See below 20 ft. 20 ft. N/A 5 ft. 15 ft. 20 ft. 20 ft. N/A 5 ft. 15 ft. 20 ft. Maximum Height 35 ft. Existing 35 ft. 35 ft. Maximum Lot Coverage 80% <80% 80% 80% Minimum Landscape Requirement 20% >20% 20% 20% Minimum Residential Density 80% of maximum density See below See below See below Maximum Residential Density 7 units/acre See below See below See below The minimum lot size for a detached unit in the R-7 Zone is 5,000 square feet. All proposed parcels exceed the minimum lot size because Parcel 1 is 11,029 square feet in size, Parcel 2 is 5,180 square feet in size, and Parcel 3 is 6,577 square feet in size. The minimum lot width required for a detached unit in the R-7 Zone is 50 feet. All proposed parcels exceed this requirement because Parcel 1 has an average lot width of 104.3 feet, Parcel 2 has an average lot width of 78.41 feet, and Parcel 3 has an average lot width of 66.13 feet. Parcel 1 is currently occupied by an existing single family dwelling, with a deck attached to the rear of the home. The existing structures meet the minimum setback requirements for the front, sides, and garage, but do not meet the minimum setback requirement for the rear. Accordingly, the applicant has applied for a development adjustment to reduce the 15- foot rear yard setback requirement by 20 percent, in order to preserve the existing home and deck. This adjustment is addressed under Chapter 18.790 Variances and Adjustments of this administrative decision. The applicant is not proposing any development on Parcels 2 and 3 at this time. However, based on the applicant’s submitted site plan, staff finds both Parcels 2 and 3 have sufficient space for future developments that meet the minimum required setbacks outlined above. NOTICE OF DECISION PAGE 10 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION Minimum and maximum residential density is calculated below, based on the methodology outlined in CDC 18.40.020: Total Site 23,958 square feet Land Dedicated for Public Rights-of-Way - 1,092 square feet Net Development Area 22,866 square feet Net Development Area 22,866 square feet Minimum Lot Size ÷ 5,000 square feet Maximum Number of Residential Units 4.57 Maximum Number of Residential Units 4.57 × 80% Minimum Number of Residential Units 3.66 When the density calculation results in a fraction, the result will be rounded down to the nearest consecutive whole number (CDC 18.40.020.D). Therefore, the maximum number of residential units for this site is four (4), and the minimum number of residential units for this site is three (3). This application is for a three-lot partition; therefore, this proposal complies with the minimum and maximum residential density standards for the R-7 Zone. These standards are met. 18.310 Off-Street Parking and Loading 18.310.030 General Provisions A. Vehicle parking plan requirements. A development permit shall not be issued or land use approval granted until plans are approved as provided by this title that demonstrate how off-street parking and loading requirements are met. Parcel 1 is currently occupied by a detached, single-family dwelling, with an attached garage and a paved driveway that meets the off-street parking and loading requirements of this title. The applicant is not proposing any development on Parcels 2 and 3 at this time; accordingly, compliance with the standard outlined above will be confirmed during site plan review for building permit submittal. This standard is met. 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 as the dwelling(s) it serves. Parcel 1 is currently occupied by a detached, single-family dwelling, with an attached garage and a paved driveway that meets the off-street parking and loading requirements of this title. The applicant is not proposing any development on Parcels 2 and 3 at this time; accordingly, compliance with the standard outlined above will be confirmed during site plan review for building permit submittal. This standard is met. 18.310.070 Off-Street Parking Requirements A. Off-street parking requirements. The ratios for providing minimum and maximum vehicle parking spaces are provided in Table 18.310.2. The CDC Table 18.310.2 requires a minimum of one (1) parking space per dwelling unit. Parcel 1 contains a detached, single-family dwelling, with an attached garage and a paved driveway that meets this minimum off-street parking requirement. The applicant is not proposing any development on Parcels 2 and 3 at this time; accordingly, compliance with the standard outlined above will be confirmed during site plan review for building permit submittal. This standard is met. NOTICE OF DECISION PAGE 11 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION 18.320 Landscaping and Screening 18.320.030 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. 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 in compliance with 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 compliance with this chapter. 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 in Chapter 18.520, Urban Forestry and the Urban Forestry Manual shall apply to the land use applications in Section 18.520.020. 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 of this title and titles of the Tigard Municipal Code. (Ord. 17-22 §2) The accepted tree protection and planting procedures are the guidelines described in the Tigard Urban Forestry Manual. These guidelines follow those set forth by the International Society of Arboriculture tree planting guidelines, and the tree care industry standards detailed in the most current version of the American National Standards Institute A300 Standards for Tree Care Operations. These provisions are met, and will be further addressed in Chapter 18.520 Urban Forestry Plan of this administrative decision. 18.320.040 Street Tree Standards A. Street trees shall be required as part of the approval process for the following land use applications: conditional use (Type III), downtown design review (Type II and III), minor land partition (Type II), planned development (Type III), site development review (Type II), and subdivision (Type II and III). 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 in compliance with the street tree planting standards in the Urban Forestry Manual. D. Street trees required by this section shall be provided adequate soil volumes in compliance with 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 6 feet from the right-of-way in compliance with 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; NOTICE OF DECISION PAGE 12 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION 2. The tree would be permitted as a street tree in compliance with the street tree planting and soil volume standards in the Urban Forestry Manual if it were newly planted; and 3. The tree is shown as preserved in the tree preservation and removal site plan, tree canopy cover site plan, and supplemental report, as required by Section 18.520.030, 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 approval authority 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 3 years for each tree below the minimum required. (Ord. 17-22 §2) The linear amount of street frontage adjacent to this site is 218.16 feet; therefore, the site is required to have a minimum of five (5) street trees (218.16 feet divided by 40 feet, rounded to the nearest whole number). The applicant proposes to meet this minimum street tree requirement by paying a fee in-lieu for five (5) street trees. These standards are met. 18.520 Urban Forestry 18.520.020 Applicability A. The requirements of this chapter apply to the following land use applications: 3. Minor land partition (Type II); This application is for a Type II Minor Land Partition. Accordingly, the requirements of CDC 18.520 Urban Forestry apply. 18.520.030 Urban Forestry Plan Requirements 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; This application is for a Type II Minor Land Partition. Accordingly, the applicant is not required to submit an Urban Forestry Plan that was coordinated and approved by a landscape architect, or a certified arborist and tree risk assessor. Instead, the applicant has provided data to demonstrate compliance with effective tree canopy cover and soil volume requirements. This standard is met. 2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual; A tree preservation and removal site plan that meets the standards set forth in the Urban Forestry Manual has been submitted. This standard is met. 3. Meet the tree canopy site plan standards in the Urban Forestry Manual; and A tree canopy site plan that meets the standards set forth in the Urban Forestry Manual has been submitted. In addition, the applicant has included a signature of approval and statement attesting that the tree canopy site plan meets all of the requirements in Section 10, Part 2 of the Urban Forestry Manual. This standard is met. 4. Meet the supplemental report standards in the Urban Forestry Manual. The applicant submitted an Urban Forestry Plan Supplement Report. This report includes the required inventory data for existing open grown trees, as outlined in Section 10, Part 3, Subsection D of the Urban Forestry Manual. The site is zoned NOTICE OF DECISION PAGE 13 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION R-7; accordingly, the minimum required effective tree canopy for the entire site is 40 percent, and 15 percent per lot (Section 10, Part 3, Subsections N and O of the Urban Forestry Manual). Through the supplemental report, the applicant demonstrates how the effective tree canopy for the entire site is 49 percent, as well as 25 percent for Parcel 1, 77 percent for Parcel 2, and 66 percent for Parcel 3. This standard is met. 18.520.060 Urban Forestry Plan Implementation C. Tree establishment. The establishment of all trees shown to be planted in the tree canopy site plan and supplemental report of a previously approved urban forestry plan shall be guaranteed and required according to the tree establishment requirements in the Urban Forestry Manual. The applicant’s Urban Forestry Plan does not address tree establishment. Therefore, a condition of approval is added for the applicant to provide a tree establishment bond that meets the requirements of the Urban Forestry Manual Section 11, Part 2. With the described condition of approval, this standard will be met. D. Urban forest inventory. Spatial and species specific data shall be collected according to the urban forestry inventory requirements in the Urban Forestry Manual for each open grown tree and area of stand grown trees in the tree canopy site plan and supplemental report of a previously approved urban forestry plan. (Ord. 17-22 §2) Section 11, Part 3, Subsection B of the Urban Forestry Manual states that prior to any ground disturbance work, the applicant must provide a fee to cover the city’s cost of collecting and processing the inventory data for the entire Urban Forestry Plan. Therefore, a condition of approval is added to address this requirement. With the described condition of approval, this standard will be met. 18.790 Variances and Adjustments 18.790.030 Adjustments A. Development adjustments. 1. The following development adjustments shall be processed through a Type I procedure, as provided in Section 18.710.050, using criteria in Paragraph 18.790.030.A.2: a. Front yard setbacks. Up to a 25 percent reduction of the dimensional standards for the front yard setback required in the applicable base zone. Setback of garages may not be reduced by this provision. b. Interior setbacks. Up to a 20 percent reduction of the dimensional standards for the side and rear yard setbacks required in the applicable base zone. c. Lot coverage. Up to 5 percent increase of the maximum lot coverage required in the applicable base zone. The applicant requests to reduce the rear yard setback on Parcel 1 from 15 feet to 12 feet (20 percent), which meets the description of a development adjustment to an interior setback. This request is a Type I Development Adjustment, and it is being processed concurrently with the applicant’s Type II Minor Land Partition. 2. The approval authority shall approve or approve with conditions a development adjustment when all of the following are met: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; The applicant requests to reduce the rear yard setback on Parcel 1 from 15 feet to 12 feet (20 percent), in order to preserve an existing home with attached deck. Staff has evaluated the applicant’s submitted site plan to determine that this adjustment is the least required to achieve the desired effect. This criterion is met. NOTICE OF DECISION PAGE 14 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION b. The adjustment will result in the preservation of trees, if trees are present in the development area; There are no trees present in the relevant development area. This criterion does not apply. c. The adjustment will not impede adequate emergency access to the site; and Staff reviewed the applicant’s submitted site plan to determine the proposed adjustment will not impede adequate emergency access to Parcels 1, 2, or 3. Additionally, TVF&R reviewed the applicant’s materials, and had no objections to the proposal. This criterion is met. d. There is not a reasonable alternative to the adjustment that achieves the desired effect. The applicant requests to reduce the rear yard setback on Parcel 1 from 15 feet to 12 feet, i n order to preserve an existing home with attached deck. As demonstrated above, the applicant’s proposal complies with the 20 percent reduction for rear yard setbacks. There is not a reasonable alternative to the proposed adjustment which achieves the desired effect. This criterion is met. 18.820 Land Partitions 18.820.040 Approval Criteria A. Approval criteria. The approval authority shall approve or approve with conditions an application for a land partition when all of the following are met: 1. The proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition complies or can be made to comply with all statutory and ordinance requirements and regulations, as demonstrated by the analysis contained within this administrative decision, and through the imposition of conditions of approval. All necessary conditions must be satisfied as part of the development and building process. This criterion is met. 2. There are adequate public facilities are available to serve the proposal; Public facilities are discussed in detail under Chapter 18.910 Improvement Standards of this administrative decision. The findings in that section demonstrate that there are adequate public facilities available to serve the proposal. This criterion is met. 3. All proposed improvements meet city and applicable agency standards; As conditioned, all proposed improvements will meet city and applicable agency standards. This criterion is met. 4. All proposed lots conform to the specific requirements below: a. The minimum lot width of the applicable base zone shall be met. Lot width for flag lots shall be measured as provided in Section 18.40.090. The minimum lot width required for a detached unit in the R-7 Zone is 50 feet. All proposed parcels exceed this requirement because Parcel 1 has an average lot width of 104.3 feet, Parcel 2 has an average lot width of 78.41 feet, and Parcel 3 has an average lot width of 66.13 feet. This criterion is met. NOTICE OF DECISION PAGE 15 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION b. The minimum lot size required by the applicable base zone shall be met. In the case of a flag lot, the accessway may not be included in the lot area calculation, as provided in Section 18.40.090. The minimum lot size for a detached unit in the R-7 Zone is 5,000 square feet. All proposed parcels exceed the minimum lot size because Parcel 1 is 11,029 square feet in size, Parcel 2 is 5,180 square feet in size, and Parcel 3 is 6,577 square feet in size. This criterion is met. c. The depth of all lots shall not exceed 2.5 times the average width, unless the lot is less than 1.5 times the minimum lot size of the applicable base zone. Parcel 1 meets this standard because the lot depth of Parcel 1 does not exceed 2.5 times the average lot width, as demonstrated below. Average Lot Width 2.5 × Average Lot Width Lot Depth Parcel 1 104.3 feet 260.75 feet 135 feet Parcels 2 and 3 meet this standard because the lot sizes of Parcels 2 and 3 are less than 1.5 times the minimum lot size for the R-7 Zone. This criterion is met. d. The side lines of lots shall be at right angles to the street upon which the lots fronts, unless practical. The applicant proposes to preserve the existing home on Parcel 1, and both Parcels 1 and 2 have frontage on SW 135th Avenue. Staff reviewed the applicant’s site plan to confirm the side lines of both Parcels 1 and 2 are at right angles to SW 135th Avenue, as far as practicable, while preserving the existing home on Parcel 1. Parcel 3 has frontage on SW 134th Avenue. Staff reviewed the applicant’s site plan to confirm the side lines of Parcel 3 are at right angles to SW 134th Avenue, as far as practicable. This criterion is met. e. Each lot shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement. All proposed parcels meet this standard because Parcel 1 has 43.60 feet of frontage on SW 135th Avenue, Parcel 2 has 118.59 feet of frontage on SW 135th Avenue, and Parcel 3 has 56.25 feet of frontage on SW 134th Avenue. This criterion is met. f. Setbacks shall be as required by the applicable base zone. Setbacks were addressed in Chapters 18.110 Residential Zones and 18.790 Variances and Adjustments of this administrative decision. This criterion is met. 5. With regard to flag lots: a. The applicant may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. b. A screen shall be provided along the property line of a lot of record where the paved accessway is located within 10 feet of an abutting lot in compliance with Section 18.320.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. NOTICE OF DECISION PAGE 16 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION The applicant is not proposing to create a flag lot. These criteria do not apply. 6. Where a common drive is to be provided to serve more than one lot, a reciprocal easement that will ensure access and maintenance rights shall be recorded with the approved partition plat. The applicant is not proposing a common drive to serve more than one (1) lot. This criterion does not apply. 7. Any accessway shall comply with Chapter 18.920, Access, Egress, and Circulation. This criterion is addressed under Chapter 18.920 Access, Egress and Circulation of this administrative decision. This criterion is met. 8. Where landfill or development is allowed within or adjacent to the special flood hazard area, the city shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the special flood hazard area. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the special flood hazard area in compliance with the adopted pedestrian/bicycle pathway plan. The proposed development is not located within or adjacent to the special flood hazard area. This criterion does not apply. 9. Any variance or adjustment to the standards in this chapter shall be made in compliance with Chapter 18.790, Variances and Adjustments. The applications for the partition and variance/adjustment shall be processed concurrently. (Ord. 17-22 §2) The applicant has requested a Type I Development Adjustment to reduce the rear yard setback on Parcel 1 from 15 feet to 12 feet (20 percent). This request is addressed under Chapter 18.790 Variances and Adjustments of this administrative decision, and is being processed concurrently with the applicant’s Type II Minor Land Partition. This criterion is met. 18.910 Improvement Standards 18.910.030 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 chapter 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. The proposed development is for a three-lot partition located adjacent to SW 134th and 135th Avenues, existing public streets. SW 135th Avenue is classified as a neighborhood route, and SW 134th Avenue is classified as a local street in the City of Tigard Transportation System Plan (TSP). All proposed lots will have frontage and approved access on either SW 134th or 135th Avenue. NOTICE OF DECISION PAGE 17 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION As part of this proposed development, a 29-foot from centerline right-of-way dedication along SW 135th Avenue, and 25- foot from centerline right-of-way dedication along SW 134th Avenue will be provided. The site plans show that sidewalks will be installed along the development frontage on SW 134th Avenue. The applicant proposes to pay a fee in-lieu of sidewalks along the development frontage on SW 135th Avenue. 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. As discussed in the previous section, the applicant proposes to pay a fee in-lieu of sidewalks along the development frontage on SW 135th Avenue due to topographic constraints. It is unlikely that the sidewalks on this side of SW 135th Avenue, between SW Walnut Street and SW Whitehall Lane, will be extended in the foreseeable future. Sidewalks along the development frontage on SW 134th Avenue will be installed at the home construction stage for Lot 3. B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be created through the approval of a final plat; 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. The existing right-of-way widths on both SW 134th and 135th Avenues are less than the required ultimate right-of-way widths. The applicant proposes a 29-foot from centerline right-of-way dedication along SW 135th Avenue, and 25-foot from centerline right-of-way dedication along SW 134th Avenue. Dedication of right-of-way will be recorded via partition plat approval. C. Creation of access easements. The approval authority may approve an access easement established by deed without full compliance with this chapter provided such an easement is the only reasonable method by which a lot large enough to develop can be created. 1. Access easements shall be provided and maintained in compliance with the Oregon Fire Code, Section 503. 2. Access shall be in compliance with 18.920.030.H, I, and J. The site plans show each lot will have its own driveway. Lots 1 and 2 will access via SW 135th Avenue, and Lot 3 will access via SW 134th Avenue. No shared driveway is proposed. 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, NOTICE OF DECISION PAGE 18 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION 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 compliance with Subsection 18.910.030.N; and The proposed development is located adjacent to SW 134th and 135th Avenues, which are existing streets. The grades of these existing streets will remain unchanged. 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. All existing streets are shown on the applicant’s plans. 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 or within the Tigard Downtown Plan District, 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 provided in Table 18.910.1. The narrative and site plans indicate the applicant will provide right-of-way dedication along both SW 134th and 135th Avenues. SW 134th Avenue has been improved with curbs on both sides of the street, and the roadway pavement has been constructed in accordance with City of Tigard design standards. Sidewalks along the development frontage on SW 134th Avenue will be installed at the home construction stage for Lot 3. SW 135th Avenue has been improved with curbs on both sides of the street, and sidewalks on the opposite side of the proposed development. The applicant proposes to pay a fee in-lieu of sidewalks along the development frontage on SW 135th Avenue due to topographic constraints. There is no clear record of the roadway’s existing pavement structure. The applicant must core the street to verify whether the existing pavement and rock sections meet current standards. If the sections do not meet current standards, the applicant must reconstruct the roadway with the appropriate sections structurally or pay a fee in-lieu of street improvements. 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. NOTICE OF DECISION PAGE 19 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION No future street plan is proposed or deemed necessary. 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. The proposed development is not located within 530 feet of a bus route. 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 a. These extended streets or street stubs to adjoining properties are not considered to be cul- 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. No street extension, cul-de-sac, or turnout is proposed or deemed necessary. These standards are not applicable. 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 percent 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. No street within the partition or street extension is proposed or deemed necessary. These standards are not applicable. 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 75o unless there is special intersection design, and: 1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; NOTICE OF DECISION PAGE 20 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION 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. No new street or new intersection is proposed or deemed necessary. These standards are not applicable. 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. The applicant proposes a 29-foot from centerline right-of-way dedication along SW 135th Avenue, and 25-foot from centerline right-of-way dedication along SW 134th Avenue. This standard is met. N. Grades and curves. 1. Grades shall not exceed 10 percent on arterials, 12 percent on collector streets, or 12 percent on any other street (except that local or residential access streets may have segments with grades up to 15 percent for distances of no greater than 250 feet); and 2. Centerline radii of curves shall be as determined by the city engineer. The proposed development is located adjacent to SW 134th and 135th Avenues, existing public streets. The grades and centerline radii of these streets will remain unchanged. O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in compliance with standards specified in this chapter and Chapter 15.04,Work in the Right-of-Way, 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. Driveway approaches are shown on the submitted site plans. Q. Access to arterials and collectors. Where a development abuts or is traversed by an existing or proposed arterial or collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: 1. A parallel access street along the arterial or collector; 2. Lots of suitable depth abutting the arterial or collector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or collector; or 4. Other treatment suitable to meet the objectives of this subsection; 5. If a lot has access to 2 streets with different classifications, primary access should be from the lower classification street. The proposed development is located adjacent to SW 134th and 135th Avenues, existing public streets. SW 135th Avenue is classified as a neighborhood route, and SW 134th Avenue is classified as a local street in the TSP. The development is not located adjacent to an arterial or collector; therefore, these standards do not apply. NOTICE OF DECISION PAGE 21 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION 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. All boundary and internal monuments, and street monuments, must be established, reestablished, and protected in accordance with the city and county’s requirements and standards. W. Mailboxes. Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least 2 dwelling units. 1. Joint mailbox structures shall be placed adjacent to roadway curbs; 2. Proposed locations of joint mailboxes shall be designated on the preliminary plat or development plan, and shall be approved by the city engineer/U.S. post office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the city engineer/U.S. post office prior to final approval. Mailboxes are not shown on the site plans. Mailbox locations must be submitted for review and approval prior to commencing of site improvements. Y. Street light standards. Street lights shall be installed in compliance with regulations adopted by the city’s direction. Prior to commencing site improvements, the applicant must provide a photometric analysis to the Engineering Division for review and approval. New LED streetlights may be required based on the photometric analysis. The applicant must submit plans showing the locations of streetlights to the Engineering Division for review and approval. The types and colors of poles and light fixtures must also be included on the plan for review and approval. If required, new streetlights must be installed prior to final plat approval. AA. Street cross-sections. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within 1 year of the conditional acceptance of the roadway unless otherwise approved by the city engineer. The final lift shall also be placed no later than when 90 percent of the structures in the new development are completed or 3 years from the commencement of initial construction of the development, whichever is less. The proposed development is located adjacent to SW 134th and 135th Avenues, existing public streets. City records indicate the pavement on SW 134th Avenue meets city standards. However, there is no clear record of the existing pavement structure for SW 135th Avenue. The applicant must core the street to verify whether the existing pavement and rock sections meet current standards. If the sections do not meet current standards, the applicant must reconstruct the roadway with the appropriate sections structurally or pay a fee in-lieu of street improvements. Prior to commencing of site improvements, the applicant must submit plans showing the structural cross section of SW 135th Avenue meeting the City of Tigard neighborhood route cross section. These plans must be submitted as part of the PFI Permit for review and approval. 18.910.050 Easements A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development is traversed by a watercourse or drainageway, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of the watercourse. NOTICE OF DECISION PAGE 22 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION B. Utility easements. A property owner proposing a development shall make arrangements with the city, the applicable district, and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city’s standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or city engineer. (Ord. 17-22 §2) The proposed development site is not traversed by a watercourse or drainageway. The applicant’s site plans do not show an eight-foot PUE along the development’s frontages on SW 134th and 135th Avenues for the placement of franchise utilities. An eight-foot PUE along both frontages must be recorded on the final plat. 18.910.070 Sidewalks A. Sidewalks. All public and private streets adjacent to industrially zoned properties shall have sidewalks meeting city standards along at least 1 side of the street. All other public and private 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. No industrial street is proposed or deemed necessary. Sidewalks along the development frontage on SW 134th Avenue will be installed at the home construction stage for Lot 3. Due to topographic constraints, it is unlikely that the sidewalks on this side of SW 135th Avenue, between SW Walnut Street and SW Whitehall Lane, will be extended in the foreseeable future. The applicant proposes to pay a fee in-lieu of sidewalks along the development frontage on SW 135th Avenue. 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 0.50 miles 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). The proposed development will not generate an additional 1,000 vehicle trips or more per day. There is a sidewalk gap within 300 feet of the development site on SW 135th Avenue. The applicant proposes to pay a fee in-lieu of sidewalks along the development frontage on SW 135th Avenue. This fee must include the sidewalk portion between the development site and the existing sidewalk. C. Planter strip requirements. A planter strip separation of at least 5 feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions 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) or where the standards in Table 18.910.1 specify otherwise. NOTICE OF DECISION PAGE 23 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION Additional consideration for exempting the planter strip requirement may be given on a case-by-case basis if a property abuts more than 1 street frontage. The applicant proposes to provide right-of-way dedications along both SW 134th and 135th Avenues that will be wide enough to include five-foot planters. D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. As indicated in the submitted narrative, the applicant acknowledges that maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. E. Application for permit and inspection. Separate street opening permits are required for sidewalk segments that are not part of a current subdivision approval: 1. An occupancy permit shall not be issued for a development until the provisions of this section are satisfied. 2. The city engineer may issue a permit and certificate allowing temporary noncompliance with the provisions of this section to the owner, builder or contractor when, in his or her opinion, the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time; b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk; c. Street right-of-way is insufficient to accommodate a sidewalk on 1 or both sides of the street; or d. Topography or elevation of the sidewalk base area makes construction of a sidewalk impractical or economically infeasible. 3. The city engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. Prior to commencing of site improvements, the applicant must submit site plans as part of the PFI Permit showing the locations of sidewalks to the Engineering Division for review and approval. Prior to commencing of site improvements, the applicant must submit an engineering construction estimate as part of the PFI Permit to the Engineering Division for review and approval. This estimate must include the costs of constructing street improvements. Prior to final plat approval, the applicant must pay a fee in-lieu of street improvements. Sidewalks in the public right-of-way, or proposed public right-of-way, will be inspected and approved by the City of Tigard Engineering Division. 18.910.090 Sanitary Sewers A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in compliance with Clean Water Services requirements and 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. NOTICE OF DECISION PAGE 24 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION D. Permits denied. Development permits may be restricted by the approval authority 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. (Ord. 17-22 §2) The applicant’s narrative and site plans indicate that all lots in the proposed development will be serviced and connected to public sanitary sewer systems via service laterals. All lots will be served from the existing sanitary sewer systems on either SW 134th Avenue or SW 135th Avenue. Prior to commencing of site improvements, the applicant must submit site plans as part of the PFI Permit showing the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. Prior to final plat approval, the proposed public sanitary sewer system, and associated facilities, must be constructed, completed, and/or satisfied No over sizing of the sanitary sewer system is proposed or deemed necessary. 18.910.100 Storm Drainage A. General provisions. The director and city engineer shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; The applicant’s materials show that the storm water drainage system is 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 The applicant’s site plans show that run-off from each lot will be collected and detained in a rain garden, prior to being released to existing public storm systems. No surface water will be carried across any intersection, nor will it be allowed to flood any street. Prior to commencing site improvements, the applicant must submit site plans as part of the PFI Permit, indicating how run-off generated by the development will be collected, conveyed, treated, and detained to the Engineering Division for review and approval. The design of the storm drainage improvements must be in accordance with CWS Design and Construction Standards and the City of Tigard standards. 3. Surface water drainage patterns shall be shown on every development proposal plan. The applicant submitted a grading plan showing contours associated with the proposed development. The applicant’s site plans also include the proposed storm system, and locations of catch basins and water quality/detention, indicating how surface water drainage patterns will be after development. B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater 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. NOTICE OF DECISION PAGE 25 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION The site is not traversed by a watercourse, drainageway, channel, or stream. 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 Clean Water Services requirements. There is no upstream basin that flows across the subject site. 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 compliance with Clean Water Services requirements. (Ord. 17-22 §2) A preliminary storm drainage report was submitted as part of this land use application. Prior to commencing site improvements, the applicant must submit a final storm drainage report as part of the PFI Permit, indicating how run-off generated by the development will be collected, conveyed, treated, and detained to the Engineering Division for review and approval. The storm drainage report must be prepared and include a maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard standards. Prior to commencing site improvements, the applicant must submit site plans as part of the PFI Permit, indicating how run-off generated by the development will be collected, conveyed, treated, and detained to the Engineering Division for review and approval. Prior to final plat approval, all public stormwater drainage systems for the proposed partition, including water quality and detention facilities for Lot 1, must be constructed, completed, and/or satisfied. Prior to final building inspection, the water quality and detention facilities for Lots 2 and 3 must be constructed, completed, and/or satisfied. 18.910.110 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 unless specified in Table 18.910.1. 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 chapter and on the adopted bicycle plan. SW 135th Avenue is a neighborhood route with existing bicycle lanes on both sides of the street. These standards are met. 18.910.120 Utilities NOTICE OF DECISION PAGE 26 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION 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. The applicant’s narrative indicates that new utilities such as storm drainage, sanitary sewer, and water will be placed underground. 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 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. The applicant’s site plans do not show an eight-foot PUE along the development’s frontages on SW 134th and 135th Avenues for the placement of underground franchise utilities. An eight-foot PUE adjacent to the right-of-way for the for the placement of underground franchise utilities will be required. Prior to commencing of site improvements, the applicant must submit site plans as a part of the PFI Permit showing an eight-foot PUE adjacent to the right-of-way along the site’s frontages on SW 134th and 135th Avenues for review and approval. The PUE must be recorded with the final plat. C. Exception to undergrounding 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 MU-CBD zone shall be exempt from the requirements for undergrounding of utility lines and from the fee in-lieu of undergrounding. 4. The exceptions in Paragraphs 18.910.120.C.1–3 shall apply only to existing utility lines. All new utility lines shall be placed underground. There are existing overhead utilities serving the existing house. These existing services must be placed underground. New services to the new lots must also be placed underground. NOTICE OF DECISION PAGE 27 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION 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 chapter. 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. (Ord. 17-22 §2) There are existing overhead utilities located across the proposed development’s frontage on SW 135th Avenue. The applicant must pay a fee in-lieu of undergrounding, per the above criteria. The fee in-lieu of undergrounding will be determined based on the cost per lineal foot of undergrounding. Prior to final plat approval, the applicant must pay a fee in-lieu of undergrounding. 18.920 Access, Egress and Circulation 18.920.030 General Provisions H. Access management. 1. An access report shall be submitted with all new development that 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). The proposed development is for a three-lot partition located adjacent to SW 134th and 135th Avenues. A Traffic Impact Study is not required; however, the applicant submitted preliminary sight distance certifications prepared by Harris-McMonagle Associates, Inc., dated December 21, 2018. The certifications indicate that the sight distances at the existing and proposed driveways conform to sight distance requirements. Prior to final plat approval, the applicant must submit to the Engineering Division the Final Sight Distance Certification, indicating that sight distance is still adequately provided along the development frontages on SW 134th and 135th Avenues. 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 development has less than 150 feet of street frontage, the applicant shall explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. NOTICE OF DECISION PAGE 28 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION 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. The development is not located adjacent to an arterial or collector; therefore, these standards do not apply. I. Minimum access requirements for residential uses. 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 18.920.1 and 18.920.2. Table 18.920.1 Vehicular Access/Egress Requirements: Residential Use (Six or fewer units) Number Dwelling Unit/Lots Minimum Number of Driveways Required Minimum Access Width Minimum Pavement Width 1 or 2 1 15′ 10′ Parcel 1 meets the standards outlined above because it contains an existing paved driveway, and fronts SW 135th Avenue by 43.60 feet. Parcels 2 and 3 meet the minimum access width standard because Parcel 2 has 118.59 feet of frontage on SW 135th Avenue, and Parcel 3 has 56.25 feet of frontage on SW 134th Avenue. The applicant is not proposing any development on Parcels 2 and 3 at this time; accordingly, compliance with the standards for minimum number of driveways and minimum pavement width will be confirmed during site plan review for building permit submittal. This standard is met. 18.930 Vision Clearance Areas 18.930.020 Applicability A. Applicability. 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 that increases the on-site parking or loading requirements or changes the access requirements. This application is for a Type II Minor Land Partition, which is considered development. Accordingly, the requirements of CDC 18.930 Vision Clearance Areas apply. 18.930.030 Vision Clearance Requirements A. At corners. Except within the MU-CBD zone, a vision 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 3 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 8 feet are removed. 18.930.040 Computations B. Non-arterial streets. 1. Non-arterial streets 24 feet or more in width. At all intersections of 2 non-arterial streets, a non- arterial street and a driveway, and a non-arterial street or driveway and railroad where at least 1 of the streets or driveways is 24 feet or more in width, a vision 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 NOTICE OF DECISION PAGE 29 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION property line at points that are 30 feet distance from the intersection of the right-of-way line and measured along such lines. Staff reviewed the applicant’s submitted site plan to confirm the subject site meets the vision clearance requirements outlined above. Additionally, compliance with vision clearance requirements will be confirmed during the building permit submittal process for all future development. These standards are met. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Fire and Life Safety: Prior to commencing site improvements, the applicant must provide written approval from TVF&R for fire flow, hydrant placement, and emergency vehicular access and turnaround. Public Water System: The existing public water mains surrounding the proposed development are under the City of Tigard’s jurisdiction. The applicant’s site plans indicate that services will be provided to serve all proposed lots from the existing 12-inch CI water main in SW 135th Avenue, and the existing eight-inch DI water main in SW 134th Avenue. Prior to commencing site improvements, the applicant must submit site plans as part of the PFI Permit showing all proposed and/or extensions of public water lines, hydrants, and water services to be designed in accordance with the City of Tigard standards to the Engineering Division for review and approval. NOTE: An estimated 12 percent of the water system cost will be assessed prior to approval of the City of Tigard’s PFI permit. Public Streets: The applicant must core the pavement on SW 135th Avenue to verify whether the pavement and rock sections meet the City of Tigard structural cross section standard for a neighborhood route. The applicant must reconstruct the pavement along the development’s frontage on SW 135th Avenue if the core sample indicates the existing sections do not meet the city standard. Alternatively, the applicant may pay a fee in-lieu of street improvements. There is a sidewalk gap within 300 feet of the development site on SW 135th Avenue. The applicant must submit plans showing a sidewalk extension from the development to the existing sidewalk located at Tax Lot 2S104AC12600. A fee in-lieu of sidewalks must include this sidewalk extension. Storm Water Quality: The city has agreed to enforce Surface Water Management regulations established by CWS Design and Construction Standards (adopted by Resolution and Order No. 00-7), which require the construction of on-site water quality facilities. The facilities must be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly-created impervious surfaces. In addition, a maintenance plan must be submitted, indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to commencing site improvements, the applicant must obtain a CWS Stormwater Connection Authorization. The CWS Stormwater Connection Authorization must be obtained prior to issuance of the PFI Permit. Plans must be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review Grading and Erosion Control: NOTICE OF DECISION PAGE 30 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION Clean Water Services Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. According to CWS regulations, the applicant is required to submit an erosion control plan for city review and approval prior to issuance of city permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System erosion control permit be issued for any development that will disturb one (1) or more acre of land. Prior to commencing site improvements, the applicant must submit a final grading plan showing the existing and proposed contours. The plan must detail the provisions for surface drainage of all lots, and show that they will be graded to ensure that surface drainage is directed to the street, or a public storm drainage system approved by the Engineering Division. The design engineer must indicate on the grading plan which lots will have natural slopes between 10 percent and 20 percent, as well as lots that will have natural slopes in excess of 20 percent. This information is necessary to determine if special grading inspections and/or permits will be required when the lots develop. Address Assignments: The City of Tigard is responsible for the approval of new street names and assigning addresses for parcels within the city. The applicant must submit an AutoCAD file of the preliminary plat for review of street names and/or address assignments. Contact Oscar Contreras in the Engineering Division at (503) 718-2678 for the submission of the AutoCAD file, and to ensure that any new street names and/or addresses are assigned. The applicant must pay the addressing fee, prior to permit submission. The addressing fee will be assessed in accordance with the current Master Fee Schedule. Survey Requirements: The applicant’s final plat must contain State Plane Coordinates [NAD 83 (91)] on two (2) monuments with a tie to the city’s global positioning system (GPS) geodetic control network (GC 22). These monuments must be on the same line and must be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat must contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the city’s GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant’s as-built drawings must be tied to the GPS network. The applicant’s engineer must provide the city with an AutoCAD electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). SECTION VII. OTHER STAFF COMMENTS The City of Tigard Police Department was sent a copy of the applicant’s proposal, and had no objections. The City of Tigard Public Works Department was sent a copy of the applicant’s proposal, and had no objections. SECTION VIII. AGENCY COMMENTS Clean Water Services issued a Service Provider Letter (CWS file 18-003739), and determined that the project will not significantly impact the existing or potentially sensitive area(s) found near the site. The agency also submitted written comments, dated May 28, 2019, requesting a condition of approval that requires the applicant to obtain Storm Water NOTICE OF DECISION PAGE 31 OF 32 MLP2018-00005 JTC PARTNERS, LLC PARTITION Connection Permit Authorization. This request has been incorporated into the Conditions of Approval. The City of Tigard and CWS have an intergovernmental agreement stating that the city will ensure implementation of CWS Design and Construction Standards; therefore, this approval is conditioned to satisfy CWS requirements. Pride Disposal was sent a copy of the applicant’s proposal, and had no objections. Tualatin Valley Fire and Rescue was sent a copy of the applicant’s proposal, and responded on May 27, 2019. TVF&R endorsed the proposal, predicated on criteria and conditions of approval regarding fire apparatus access, firefighting water supplies, fire hydrants, and building access and fire service features. A condition of approval has been added that requires the applicant to comply with all TVF&R standards. Attachments: Attachment 1: Approved Preliminary Plat Attachment 2: Zoning Map Attachment 3: City of Tigard Engineering Division, Memorandum dated June 10, 2019 Attachment 4: Clean Water Services, Comment Letter dated May 28, 2019 Attachment 5: Tualatin Valley Fire and Rescue, Comment Letter dated May 27, 2019 Scale: 0.04 Miles COMMUNITY DEVELOPMENT DEPARTMENT City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 (503) 639-4171 www.tigard-or.gov Attachment 2: Zoning Map 05/13/2019 Data is derived from multiple sources. The City of Tigard makes no warranty, representation, or guarantee as to the content, accuracy, timeliness or completeness of any of the data provided herein. The City of Tigard shall assume no liability for any errors, omissions, or inaccuracies in the information provided regardless of how caused. Map Created: Zoning Classifications R-1 Residential Low-Density R-2 Residential Low-Density R-3.5 Residential Low-Density R-4.5 Residential Low-Density R-7 Residential Medium-Density R-12 Residential Medium-Density R-25 Residential Medium-High-Density R-40 Residential High-Density MUR-1 Mixed Use Residential 1 MUR-2 Mixed Use Residential 2 MU-CBD Mixed Use Central Bus Dist C-C Community Commercial C-G General Commercial C-N Neighborhood Commercial C-P Professional Commercial MUC Mixed Use Commercial MUC-1 Mixed Use Commercial 1 TMU Triangle Mixed Use MUE Mixed Use Employment MUE-1 Mixed Use Employment 1 MUE-2 Mixed Use Employment 2 I-L Light Industrial I-P Industrial Park I-H Heavy Industrial PR Parks and Recreation WA-Cnty Washington County ENGINEERING COMMENTS PAGE 1 ATTACHMENT 3 MEMORANDUM CITY OF TIGARD, OREGON DATE: June 10 2019 TO: Lina Smith, Assistant Planner FROM: Khoi Le, Principal Engineer PROJECT: MLP2019-00005 JTC PARTNERS, LLC PARTITION 18.910.030 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. The development is a 3-lot Partition adjacent to 134th and 135th Aves, existing public streets. 135th Ave is a Neighborhood Route and 134th Ave is a Local Street. All the proposed lots will have frontage and approved access either on 134th or 135th Ave. A 29-foot and 25-foot from centerline rights of way dedication along the site frontage on 135th Ave and 134th Ave will be provided respectively as a part of this proposed development. The site plans show that sidewalk will be installed along the development frontage on 134th Ave. The applicant proposed to pay a fee in lieu of sidewalk along the development frontage on 135th Ave. 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 condition 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 motorist 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 proposed land partition does not create any new streets; or ENGINEERING COMMENTS PAGE 2 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. As mentioned in previous section, the Applicant proposes to pay a fee in lieu of sidewalk along the development frontage on 135th Ave due to topographic difficulty. It is unlikely that the sidewalk on this side of 135th Ave between Walnut Sty and Whitehall Lane will be extended in the foreseeable future. Sidewalk along the development frontage on 134th Ave will be installed at the home construction stage of Lot 3. 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 condition. 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. c. The street is located within the downtown mixed use central business district and has been identified on Figure 5-14A through 5-14L of the City of Tigard 2035 Transportation System Plan as a required connectivity improvement. 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 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 area 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. The existing right of way on both 134th Ave and 135th Ave are less than the required ultimate right of way. The Applicant proposes to dedicate a 25-foot and a 29-foot rights of way dedication from centerline on 134th Ave and on 135th Ave respectively along the development frontages. Dedication of right of way will be recorded via partition plat approval. ENGINEERING COMMENTS PAGE 3 C. Creation of access easement. The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can be created. 1. Access easements shall be provided and maintained in accordance with the Uniform Fire Code, Section 10.207. 2. Access shall be in accordance with 18.920.030.H and I. The site plans show each lot will have its own driveway. Lot 1 and Lot 2 will access 135th Ave and Lot 3 will access 134th Ave. No shared driveway is proposed. 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 purposed 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 of this section; and The proposed development is adjacent to 134th and 135th Aves. They are existing streets and the grades of the streets will remain unchanged. 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 pattern 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. All the existing streets are shown on the plan. 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 or within the Downtown District, 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. ENGINEERING COMMENTS PAGE 4 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. The narrative and site plans indicate that the proposed development is going to provide right of way dedication along both 134th Ave and 135th Ave. 134th Ave has been improved with the curbs on both sides of the street and the roadway pavement was constructed structurally in accordance with the design standards. Sidewalk along the frontage of the development on 134th Ave will be installed at the home construction stage of Lot 3. 135th Ave has been improved with curbs on both sides of the street and sidewalk on the opposite of the development frontage. The Applicant proposes to pay a fee in lieu of sidewalk improvement along the frontage of the development on 135th Ave due to topographic difficulty. There is clear record on the roadway pavement structure. The applicant must core the street to verify whether the existing pavement and rock sections meet the current standards. If the sections do not meet the current standards, the applicant must reconstruct the roadway with the appropriate sections structurally or pay a fee in lieu of street improvement. 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. No future street plan is proposed or deemed necessary. b. 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. The proposed development is not adjacent or within 530 feet of a bus route. 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 a. These extended streets or street stubs to adjoining properties are not considered to be cul-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. No street extension, cul-de-sac, or turnout is proposed and deemed necessary. These standards are not applicable. G. Street spacing and access management. Refer to 18.920.030.H ENGINEERING COMMENTS PAGE 5 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 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 development shall provide an internal network of connecting streets that provide short, direct travel routes and minimize travel distances within the development. No street within the partition or street extension is proposed or deemed necessary. These standards are not applicable. I. Intersection angles. Street shall be laid out so as to intersect at an angle as near to a right angle as practical, 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: 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 line of the acute angles; 3. Right-of-way lines intersection with arterial streets shall have a corner radius of not less than 20 feet. No new street or new intersection is proposed or deemed necessary. These standards are not applicable. J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract are less than standard width, additional rights-of-way shall be provided at the time of subdivision or development. The Applicant proposes to dedicate 29 feet of right of way from centerline along the development frontage on 135th Ave and 25 feet on 134th Ave. This standard is met. 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 ENGINEERING COMMENTS PAGE 6 will be practical to require the improvement of the other half when adjoining property developed. No partial improvement is proposed. L. Cul-de-sac No cul-de-sac is proposed or deemed necessary. M. Street name. 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. No new street name is proposed or deemed necessary. 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. The proposed development is adjacent to 134th an 135th Aves. The grades and centerline radii of the streets will remain unchanged. 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. Driveway approaches are shown on the submitted site plans. P. Street adjacent to railroad right-of-way. The proposed site is not adjacent to a railroad right-of-way. This standard is not applicable. Q. Access to arterials and collectors. Where a development abuts or is traversed by an existing or proposed arterial or collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: 1. A parallel access street along the arterial or collector; 2. Lots of suitable depth abutting the arterial or collector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or collector; or 4. Other treatment suitable to meet the objectives of this subsection; ENGINEERING COMMENTS PAGE 7 5. If a lot has access to two streets with different classifications, primary access should be from the lower classification street. The proposed development is adjacent to 134th Ave, a Local Street and 135th Ave, a Neighborhood Route. However, there is not any access restriction and driveway spacing standards in the code on both street classifications. R. Alleys, public or private. The site does not propose any alleys, public or private. 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. All boundary, internal monuments, and street monuments shall be established, reestablished and protected in accordance with the City’s and County’s requirements and standards. T. Private streets. 1. Design standards for private streets shall be established by the city engineer; and 2. The city shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. No private street is proposed or deemed necessary. U. Railroad Crossing. The proposed site is not adjacent to any railroad crossing. This standard is not applicable. V. Street Signs. The city shall install all street signs, relative to traffic control and street names, as specified by the city engineer for any development. The cost of signs shall be the responsibility of the developer. No new street signs are proposed or deemed necessary. This standard is not applicable. W. Mail Boxes. Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least two dwelling units. 1. Joint mailbox structures shall be placed adjacent to road curbs; 2. Proposed locations of joint mailboxes shall be designed on a copy of the preliminary plat or development plan, and shall be approved by the city engineer/U.S. post office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the city engineer/U.S. post office prior to final approval. Mailboxes are not shown on the site plans. Mailbox locations must be submitted for review and approval prior to commencing of site improvements. X. Traffic Signal. The location of traffic signals shall be noted on approval street plans. Where a proposed street intersection will result in an immediate need for a traffic signal, a ENGINEERING COMMENTS PAGE 8 signal meeting approval specifications shall be installed. The cost shall be included as a condition of development. No traffic signal is required. This standard is not applicable. Y. Streetlight standards. Streetlights shall be installed in accordance with regulations adopted by the city’s direction. Prior to commencing of site improvements, the Applicant shall provide Engineering Division a photometric analysis of the proposed development frontages for the review and approval. Photometric analysis will follow the recommended values and requirements per ANSI/IESNA. New streetlights are required based on the photometric analysis. If required, the Applicant must submit a plan showing the location of streetlights to Engineering for review and approval Type and color of pole and light fixture shall also be included on the plan for review and approval. New streetlights if required must be installed prior to final plat approval. Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required. No new name signs are proposed or deemed necessary. AA. Street cross-section. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the city engineer. The final lift shall also be placed no later than when 90% of the structures in the new development are completed or three years from the commencement of initial construction of the development, whichever is less. 1. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphalt concrete; 3. The final lift shall be place on all new construction roadways prior to final city acceptance of the roadway; however, no before 90%of the structures in the new development are completed unless three years have elapsed since initiation of construction in the development.; 4. The final lift shall be Class C asphalt concrete as defined by A.P.W.A. standards specifications; and 5. No lift shall be less than 1-1/2 inches in thickness. The development is adjacent to 134th Ave and 135th Ave. The City records show that pavement on 134th Ave meets the City Standards. However, there is no clear record whether pavement on 135th Ave meets the City Standards. The applicant must core the street to verify whether the existing pavement and rock sections meet the current standards. If the sections do not meet the current standards, the applicant must reconstruct the roadway with the appropriate sections structurally or pay a fee in lieu of street improvement. Prior to commencing of site improvements, the applicant shall submit site plans showing the structural cross section of 135th Ave meets the City of Tigard standard cross section of a Neighborhood Route as a part of the Public Facility Improvement (PFI) Permit for review and approval. BB. Traffic calming. When, in the opinion of the city engineer, the proposed development will create negative traffic condition on existing neighborhood streets, such as excessive speeding, the developer may be required to provide traffic calming measures. These ENGINEERING COMMENTS PAGE 9 measures may be required within the development and/or offsite as deemed appropriate. As an alternative, the developer may be required to deposit funds with the city to help pay for traffic calming measures that become necessary once the development is occupied and the city engineer will determine the amount of funds required, and will collect said funds from the developer prior to the issuance of a certificate of occupancy, or in the case of subdivision, prior to the approval of the final plat. The funds will be held by the city for a period of five years from the date of issuance of certificate of occupancy, or in the case of a subdivision, the date of final plat approval. Any funds not used by the city within the five-year time period will be refunded to the developer. No traffic calming is proposed or deemed necessary. CC. Traffic Study. 1. A traffic study shall be required for all new or expanded uses or developments under any of the following circumstances: a. When they generate a 10% or greater increase in existing traffic to high collision intersections identified by Washington County. b. Trip generation from development onto the city street at the point of access and the existing ADT fall within the following ranges: Existing ADT ADT to be added by development 0-3000 vpd 2,000 vpd 3,001-6,000 vpd 1,000 vpd >6,000 vpd 500 vpd or more c. If any of the following issues become evident to the city engineer: i. High traffic volumes on the adjacent roadway that may affect movement into or out of the site. ii. Lack of existing left-turn lanes onto the adjacent roadway at the prosed access drive(s). iii. Inadequate horizontal or vertical sight distance at access points. iv. The proximity of the proposed access to other existing drives or intersections is a potential hazard. v. The proposal requires a conditional use permit or involves a drive through operation. vi. The proposed development may result in excessive traffic volumes on adjacent local streets. 2. In addition, a traffic study may be required for all new or expanded uses or developments under any of the following circumstances: a. When the site is within 500 feet of an ODOT facilities; and/or b. Trip generation from a development adds 300 or more vehicle trips per day to an ODOT facility; and/or c. Trip generation from a development adds 50 or more peak hour trips to an ODOT facility. Traffic Impact Analysis (TIA) is not required or deemed necessary. 18.910.050 Easements A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a ENGINEERING COMMENTS PAGE 10 development is traversed by a watercourse or drainage way, there shall be provided a stormwater easement or drainage right-of-way conforming substantial with the lines of the watercourse. B. Utility Easements. A property owner proposing a development shall make arrangement with the city, the applicable district, and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city’s standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or city engineer. The proposed development is not traversed by a watercourse or drainage way. The site plans did not show that an 8-foot Public Utility Easement (PUE) along the development frontages on 134th Ave and 135th Ave for the placement of franchise utilities. An 8-foot PUE along both frontages must be recorded with the partition final plat. 18.810.70 Sidewalk. A. 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 the 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. No industrial street is proposed or deemed necessary. The site plans show sidewalk will be installed along the development frontage on 134th Ave at the home building construction stage. Due to topographic difficulty and it is unlikely that the sidewalk on this side of 135th Ave between Walnut Sty and Whitehall Lane will be extended in the foreseeable future, the applicant proposes to pay a fee in lieu of sidewalk along the development frontage on 135th Ave. 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 route within ½ 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). The proposed development does not generate an additional 1,000 vehicle trips or more per day. There is a sidewalk gap within 300 feet of the development on 135th Ave. The applicant proposes to pay a fee in lieu of sidewalk along the development frontage on 135th Ave and therefore the fee must include the sidewalk portion between the development and the existing sidewalk. 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 exist: There is inadequate right-of-way; the curbside sidewalks already exist on predominant portions of the street; it would conflict with utilities; there are significant natural features (large trees, water features, significant habitat areas, etc.) that would be ENGINEERING COMMENTS PAGE 11 destroyed if the sidewalk were located as required; or where there are existing structures in close proximity to the street (15 feet or less) or where the standards in Table 18.810.1 specify otherwise. Additional consideration of exempting the planter strip requirement may be given on a case-by-case basis if a property abuts more than one street frontage. The applicant proposes to provide rights of way dedication on both 134th Ave and 135th Ave wide enough to include 5-foot planters. D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. The narrative indicates that it is the adjacent property owner’s obligation to continue maintaining the adjacent sidewalks, curbs and planter strips. E. Application for permit and inspection. If the construction of a sidewalk is not included in the performance bond of an approved subdivision or the performance bond has lapsed, then every person, firm or corporation desiring to construct sidewalks as provided by this chapter, shall be before entering upon the work or improvement, apply for a street opening permit to the Engineering Department to so build or construct: 1. An occupancy permit shall not be issued for a development until the provision of this section is satisfied. 2. The city engineer may issue a permit and certificate allowing temporary noncompliance with the provision of this section to the owner, builder or contractor when, in his or her opinion, the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time. b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk. c. Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of the street; or, d. Topography or elevation of the sidewalk base area makes construction of sidewalk impractical or economically infeasible. 3. The city engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. Prior to commencing of site improvements, the Applicant shall submit site plans as part of the PFI Permit showing the location of sidewalk to Engineering for review and approval. Prior to commencing of site improvements, submit an engineering construction estimate including the costs of constructing the street improvements as a part of the PFI Permit for review and approval. Prior to Final Plat Approval, pay a fee in lieu of street improvements. Sidewalk in the public right of way or proposed public right of way will be inspected and approved by the City of Tigard Engineering Division. 18.910.090 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 ENGINEERING COMMENTS PAGE 12 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. Permit Denied. Development permits may be restricted by the commission or hearing 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. The Applicant’s narrative and site plans indicate that all the lots in the proposed development will be serviced and connected to public sanitary sewer systems via service laterals. All the services will be served off the existing sanitary sewer systems either on 134th Ave or 135th Ave. Prior to commencing of site improvements, submit site plans as a part of the PFI Permit showing the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. Prior to Final Plat Approval, the proposed public sanitary sewer system and associated facilities shall be constructed, completed, and/or satisfied. No over-sizing of sanitary sewer is proposed or deemed necessary. 18.910.100 Storm Drainage A. General provisions. The director and city engineer shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; Storm drainage system shows to be separate and independent of sanitary sewer systems. 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and The site plans show run-off from each lot will be collected and detained in a rain garden prior to releasing to the existing public storm systems. No surface will be carried across any intersection or allowed to flood any street. Prior to commencing of site improvements, submit site plans as a part of the PFI Permit showing how run-off generated by the development will be collected, conveyed, treated, and detained to the Engineering Division for review and approval. The design of storm drainage improvement shall be in accordance with CleanWater Services Design and Construction Standards. 3. Surface water drainage patterns shall be shown on every development proposal plan. A grading plan was submitted showing contours associated with the proposed street and lots. The Applicant’s site plans also include the proposed storm system and location of the catch basins and the water quality/detention indicating how surface water drainage patterns will be after development. B. Easement. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater 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. ENGINEERING COMMENTS PAGE 13 The site is not traversed by a watercourse, drainageway, channel or stream. 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). There is no upstream basin that flows across the subject site. 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). A preliminary storm drainage report was submitted as part of the land use submittal. Prior to commencing site improvements, submit a final storm drainage report as a part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained to Engineering Division for review and approval. The storm drainage report shall be prepared and include a maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Design Guidelines. Prior to commencing of site improvements, submit site plans as a part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained to Engineering Division for review and approval. Prior to Final Plat Approval, all public stormwater drainage system for the proposed partition, including water quality and detention facilities for Lot l shall be constructed, completed, and/or satisfied. Prior to Final Building Inspection, the water quality and detention facilities for Lot 2 and 3 shall be constructed, completed, and/or satisfied. 18.910.110 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 unless specified in Table 18.810.1. 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. 135th Ave is a Neighborhood Route with existing bicycle lanes on both sides of the street. The Standards are met. 18.910.120 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 ENGINEERING COMMENTS PAGE 14 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. The narrative indicates that new utilities such as storm drainage, sanitary sewer, and water will be placed underground. 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 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; 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. The submitted site plans did not show a PUE was going to be provided. An 8-foot PUE adjacent to the right of way for the placement of underground franchised utilities will be required. Prior to commencing of site improvements, the applicant shall submit site plans as a part of the PFI Permit showing an 8-foot PUE adjacent to the right of way along the site frontages on 134th Ave and 135th Ave for review and approval. The PUE shall be recorded with the final plat. C. Exception to undergrounding 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. There are existing overhead utilities serving the existing house. The existing services must be placed underground. New services serving the new lots must also be underground. D. Fee in-lieu of undergrounding. ENGINEERING COMMENTS PAGE 15 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. There are existing overhead utilities located across the proposed development frontage on 135th Ave. The applicant must pay a fee in lieu of underground per the above criteria. Fee in lieu of undergrounding shall be determined based on the cost per lineal foot of undergrounding. Prior to Final Plat Approval, fee in lieu of undergrounding shall be paid. 18.920.030. General Provision 18.920.30.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) The proposed development is a 3-lot partition adjacent to 134th Ave and 135th Ave. A Traffic Impact Study (TIA) is not required however, preliminary sight distance certifications prepared by Harris-McMonagle Associates, Ince dated December 21, 2018 were submitted as part of the land use application. The certifications indicated that the sight distances at both existing driveway and proposed driveways are in conformance with the sight distance requirements. Prior to Final Plat Approval, the Applicant shall submit to the Engineering Division the Final Sight Distance Certification indicating that sight distances are still adequately provided along the development frontages on 134th Ave and 135th Ave. 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 with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. ENGINEERING COMMENTS PAGE 16 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. The proposed development is not fronting by either an Arterial or Collector Street. The standards are not applicable. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Fire and Life Safety: Emergency vehicle turn around, location of fire hydrants, and fire flow must be reviewed and approved by TVF&R prior to commencement of site improvements. Public Water System: The existing public water mains surrounding the proposed development are under the City of Tigard jurisdiction. The site plans indicate that services will be provided to serve all the proposed lots from the existing 12” CI water main in 135th Ave and the existing 8” DI main in 134th Ave. Prior to commencing site improvements, submit site plans as a part of the PFI Permit showing all proposed and/or extensions of public water lines, hydrants and water services to be designed in accordance with the City of Tigard Standards to Engineering for review and approval. NOTE: An estimated 12 percent of the water system cost will be assessed prior to approval of the City of Tigard’s PFI permit. Public Streets: The applicant must core the pavement on 135th Ave to verify whether the pavement and rock sections meet the City of Tigard structural cross section standard of a Neighborhood Route. The applicant must reconstruct the pavement along the development frontage on 135th Ave if the core sample indicates the existing sections do not meet the City standard. Alternatively, the applicant can pay a fee in lieu of the street improvement. There is a sidewalk gap within 300 feet from the development frontage on 135th Ave. Applicant must submit plans showing sidewalk extension from the development to the existing sidewalk located at Tax Lot 2S104AC12600. Fee in lieu of sidewalk must include the sidewalk extension. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI permit. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. ENGINEERING COMMENTS PAGE 17 Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. Address Assignments: The City of Tigard is responsible for the approval of new street names and assigning addresses for parcels within the City of Tigard. Submit an Autocad file of the preliminary plat for the review of street name and assigning addresses. Contact Oscar Contreras with Engineering Division at 503- 718-2678 for the submission of the Autocad file and ensuring that new street names are approved and addresses are assigned. Prior to permit submission pay the addressing fee. The address fee shall be assessed in accordance with the current Master Fee Schedule. Survey Requirements: The applicant’s final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City’s global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City’s GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant’s as-built drawings shall be tied to the GPS network. The applicant’s engineer shall provide the City with an Autocad electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO PERMIT SUBMISSION: ENGINEERING COMMENTS PAGE 18 1. The City of Tigard is responsible for the approval of new street names and assigning addresses for parcels within the City of Tigard. Submit an Autocad file of the preliminary plat for the review of street name and assigning addresses. Contact Oscar Contreras with Engineering Division at 503-718-2678 for the submission of the Autocad file and ensuring that new street names are approved and addresses are assigned. Prior to permit submission pay the addressing fee. The address fee shall be assessed in accordance with the current Master Fee Schedule. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements, to the ENGINEERING DEPARTMENT, ATTN: KHOI LE at 503-718-2440. The cover letter shall clearly identify where in the submittal the required information is found: 2. Improvements associated with public infrastructures including street and right of way dedication, utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions shall be designed in accordance with the following codes and standards: • City of Tigard Public Improvement Design Standards • CleanWater Services (CWS) Design and Construction Standards • Tigard Community Development Codes, Municipal Codes • Fire Codes • Other applicable County, State, and Federal Codes and Standard Guidelines 3. Improvements associated with public infrastructures including street and right of way dedication, utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions are subject to the City Engineer’s review, modification, and approval. 4. Prior to commencing site improvements, a Public Facility Improvement (PFI) Permit is required for this project to cover all infrastructure work including stormwater Water Quality and Quantity Facilities and any other work in the public right-of-way. Three (3) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. An Engineering cost estimate of improvements associated with public infrastructures including but not limited to street, street grading, utilities, stormwater quality and water quantity facilities, sanitary sewer, streetlights, and franchise utilities shall be required at the time of PFI Permit submittal. When the water system is under the City of Tigard jurisdiction, an Engineering cost estimate of water improvement shall be listed as a separate line item from the total cost estimate. 5. Prior to commencing site improvements, submittal of the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the “Permittee”, and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact ENGINEERING COMMENTS PAGE 19 person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 6. Prior to commencing site improvements, the Applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided onsite. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 7. Prior to commencing site improvements, the Applicant shall provide Engineering Division a photometric analysis for the review and approval. New LED streetlights are required based on the photometric analysis; the Applicant shall submit plans showing the location of streetlights to Engineering Division for review and approval. Type and color of pole and light fixture shall also be included on the plan for review and approval. 8. Prior to commencing site improvements, the Applicant shall submit plans showing the following items to Engineering for review and approval: SW 135th Ave shall include and shall be shown to have: • 29-foot from centerline right of way dedication • 18-foot minimum from centerline asphalt concrete pavement meeting City of Tigard Neighborhood Route cross section. Applicant shall core the existing street to • Curb and gutter • 5-foot planter behind sidewalk • 6-foot concrete curb-tight sidewalk along the frontage and extension connect to exiting sidewalk located at Tax Lot 2S104AC12600 • 8-foot PUE • Street trees in the planter strip spaced per TDC requirements • Streetlights as recommended from the approved photometric analysis • Underground utilities • Street striping, signs, names and traffic control devices meeting the Manual of Uniform Traffic Control Devices (MUTCD) and the City of Tigard Standards • Residential driveway approaches SW 134th Ave shall include and shall be shown to have: • 25-foot from centerline right of way dedication • Curb and gutter • 5-foot planter behind sidewalk • 6-foot curb tight concrete sidewalk • 8-foot PUE • Street trees in the planter strip spaced per TDC requirements • Streetlights as recommended from the approved photometric analysis • Street striping, signs, names and traffic control devices meeting the Manual of Uniform Traffic Control Devices (MUTCD) and the City of Tigard Standards • Residential driveway approach 9. Prior to commencing site improvements, submit site plans and a final storm drainage report as part of the PFI Permit indicating how run-off generated by the development will be ENGINEERING COMMENTS PAGE 20 collected, conveyed, treated and detained to Engineering Division for review and approval. The storm drainage report shall be prepared and include a maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Standards. 10. Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI Permit. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. 11. Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. 12. Prior to commencing site improvements, submit site plans as part of the PFI Permit showing all proposed and/or extensions of public water lines, hydrants and water services to be designed in accordance with the City of Tigard Standards to Engineering for review and approval. 13. Prior to commencing site improvements, the Applicant will be required to provide written approval from Tualatin Valley Fire & Rescue for fire flow, hydrant placement, and emergency vehicular access and turn around. 14. Prior to commencing site improvements, an erosion control plan shall be provided as a part of the Public Facility Improvement permit drawings. The plan shall conform to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual” (current edition) and submitted to City of Tigard with the PFI plans. 15. Prior to commencing site improvements, a final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Division. 16. The design engineer shall indicate, on the grading plan, which lots will have natural slopes between 10 percent and 20 percent, as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. 17. Prior to commencing site improvements, submit Autocad file of the construction plan to the City for GIS purposes. 18. Prior to commencing of site improvements, submit site plans including PGE plan showing how overhead utilities are going to be underground as a part of the PFI Permit for review and approval. THE FOLLOWING CONDITIONS SHALL BE SATIFIED PRIOR TO APPROVAL OF THE FINAL PLAT 19. Prior to final plat approval, all improvements associated with public infrastructures including but not limited to street improvement under the City of Tigard jurisdiction shall be ENGINEERING COMMENTS PAGE 21 constructed, completed and/or satisfied. The Applicant shall obtain conditional acceptance from the City, and provide a two-year maintenance assurance for said improvements. 20. Prior to final plat approval, all public utility facilities including but not limited to storm drainage, water quality and quantity, sanitary sewer, water, gas, electrical, communication, and wireless shall be completed. 21. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 22. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. 23. Final plat will include signature lines for the City Engineer and Community Development Director. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the Applicant’s surveyor. 24. After the City and County have reviewed the final plat, submit one copy of the final plat for City Engineer and Community Development Director signatures. 25. Submit a check in the amount of the current final plat review fee (Contact Planner on Duty, at 503718-2421) 26. Prior to final plat approval, the Applicant shall submit to the Engineering Division the Final Sight Distance Certification indicating that sight distances are still adequately provided along the development frontages on 134th Ave and 135th Ave. 27. Prior to final plat approval, provide Autocad and pdf files of the as-built drawings. 28. Prior to final plat approval, pay a fee in lieu of street improvement including sidewalk on 135th Ave. 29. Prior to final plat approval, pay a fee in lieu of undergrounding exiting utilities located across the development frontage on 135th Ave. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Developer shall: • Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and • Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the Developer. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. ENGINEERING COMMENTS PAGE 22 18.430.090 Bond: As required by Section 18.430.080, the Developer shall file with the agreement an assurance of performance supported by one of the following: • An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; • A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or • Cash. The Developer shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The Developer shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.430.100 Filing and Recording: Within 60 days of the City review and approval, the Applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the Applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat Application Submission Requirements: Three copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set: • All centerline-centerline intersection points; • All cul-de-sac center points; and • Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.910.120 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. 18.910.130 Cash or Bond Required All improvements installed by the Developer shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash ENGINEERING COMMENTS PAGE 23 deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.910.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.910.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land Developer's Design Engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. ATTACHMENT 4 www.tvfr.com Training Center 12400 SW Tonquin Road Sherwood, Oregon 97140-9734 503-259-1600 South Operating Center 8445 SW Elligsen Road Wilsonville, Oregon 97070-9641 503-259-1500 Command and Business Operations Center and North Operating Center 11945 SW 70th Avenue Tigard, Oregon 97223-9196 503-649-8577 May 27, 2019 Associate Planner City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 Re: Fennelly MLP2018-00005 & ADJ2019-00001 JTC Partners Tax Lot I.D: 2S104AC12800 12660 SW 135th Ave Thank you for the opportunity to review the proposed site plan surrounding the above named development project. These notes are provided in regards to the pre-application meeting held on September 27, 2018. There may be more or less requirements needed based upon the final project design, however, Tualatin Valley Fire & Rescue will endorse this proposal predicated on the following criteria and conditions of approval. FIRE APPARATUS ACCESS: 1. FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDINGS AND FACILITIES: Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building or facility. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. (OFC 503.1.1) 2. DEAD END ROADS AND TURNAROUNDS: Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround. Diagrams can be found in the corresponding guide. http://www.tvfr.com/DocumentCenter/View/1438 (OFC 503.2.5 & D103.1) 3. FIRE APPARATUS ACCESS ROAD WIDTH AND VERT ICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed driving surface width of not less than 20 feet (26 feet adjacent to fire hydrants (OFC D103.1)) and an unobstructed vertical clearance of not less than 13 feet 6 inches. (OFC 503.2.1) The fire district does not endorse the design concept wherein twenty feet of unobstructed roadway width is not provided. 4. FIRE APPARATUS ACCESS ROADS FOR INDIVIDUAL ONE AND TWO FAMILY DWELLINGS AND ACCESSORY STRUCTURES: The fire district will approve access roads of 12 feet for up to three dwelling units (Group R-3) and accessory (Group U) buildings. (OFC 503.1.1) 5. NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and 20 feet of unobstructed driving surface, “No Parking” signs shall be installed on one or both sides of the roadway and in turnarounds as needed. Signs shall read “NO PARKING - FIRE LANE” and shall be installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have red letters on a white reflective background. (OFC D103.6) The fire district does not endorse the design concept wherein twenty feet of unobstructed roadway width is not provided. ATTACHMENT 5 Residential One- and Two-Family Development 3.4 – Page 2 6. NO PARKING: Parking on emergency access roads shall be as follows (OFC D103.6.1-2): 1. 20-26 feet road width – no parking on either side of roadway 2. 26-32 feet road width – parking is allowed on one side 3. Greater than 32 feet road width – parking is not restricted 7. FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet and shall extend 20 feet before and after the point of the hydrant. (OFC D103.1) 8. SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced as to provide all-weather driving capabilities. (OFC 503.2.3) 9. TURNING RADIUS: The inside turning radius and outside turning radius shall not be less than 28 feet and 48 feet respectively, measured from the same center point. (OFC 503.2.4 & D103.3) 10. ACCESS ROAD GRADE: Fire apparatus access roadway grades shall not exceed 15%. 11. ANGLE OF APPROACH/GRADE FOR TURNAROUNDS: Turnarounds shall be as flat as possible and have a maximum of 5% grade with the exception of crowning for water run-off. (OFC 503.2.7 & D103.2) 12. ANGLE OF APPROACH/GR ADE FOR INTERSECTIONS: Intersections shall be level (maximum 5%) with the exception of crowning for water run-off. (OFC 503.2.7 & D103.2) 13. GATES: Gates securing fire apparatus roads shall comply with all of the following (OFC D103.5, and 503.6): 1. Minimum unobstructed width shall be not less than 20 feet (or the required roadway surface width). 2. Gates serving three or less single-family dwellings shall be a minimum of 12 feet in width. 3. Gates shall be set back at minimum of 30 feet from the intersecting roadwa y or as approved. 4. Electric gates shall be equipped with a means for operation by fire department personnel 5. Electric automatic gates shall comply with ASTM F 2200 and UL 325. 14. ACCESS DURING CONSTRUCTION: Approved fire apparatus access roadways shall be installed and operation al prior to any combustible construction or storage of combustible materials on the site. Temporary address signage shall also be provided during construction. (OFC 3309 and 3310.1) FIREFIGHTING WATER SUPPLIES: 15. FIREFIGHTING WATER SUPPLY FOR INDIVIDUAL ONE- AND TWO-FAMILY DWELLINGS: The minimum available fire flow for one and two-family dwellings served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to OFC Appendix B. (OFC B105.2) 16. FIRE FLOW WATER AVAILABILITY: Applicants shall provide documentation of a fire hydrant flow test or flow test modeling of water availability from the local water purveyor if the project includes a new structure or increase in the floor area of an existing structure. Tests shall be conducted from a fire hydrant within 400 feet for commercial projects, or 600 feet for residential development. Flow tests will be accepted if they were performed within 5 years as long as no adverse modifications have been made to the supply system. Water availability information may not be required to be submitted for every project. (OFC Appendix B) Residential One- and Two-Family Development 3.4 – Page 3 17. WATER SUPPLY DURING CONSTRUCTION IN MUNICIPAL AREAS: In areas with fixed and reliable water supply, approved firefighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. (OFC 3312.1) FIRE HYDRANTS: 18. FIRE HYDRANTS – ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where the most remote portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. (OFC 507.5.1) 19. FIRE HYDRANT NUMBER AND DISTRIBUTION: The minimum number and distribution of fire hydrants available to a building shall not be less than that listed in Table C 105.1. (OFC Appendix C) 20. FIRE HYDRANT(S) PLAC EMENT: (OFC C104) • Existing hydrants in the area may be used to meet th e required number of hydrants as approved. Hydrants that are up to 600 feet away from the nearest point of a subject building that is protected with fire sprinklers may contribute to the required number of hydrants. (OFC 507.5.1) • Hydrants that are separated from the subject building by railroad tracks shall not contribute to the required number of hydrants unless approved by the Fire Marshal. • Hydrants that are separated from the subject building by divided highways or freeways shall not contribute to the required number of hydrants. Heavily traveled collector streets may be considered when approved by the Fire Marshal. • Hydrants that are accessible only by a bridge shall be acceptable to contribute to the required number of hydrants only if approved by the Fire Marshal. 21. PRIVATE FIRE HYDRANT IDENTIFICATION: Private fire hydrants shall be painted red in color. Exception: Private fire hydrants within the City of Tualatin shall be yellow in color. (OFC 507) 22. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway unless ap proved by the Fire Marshal. (OFC C102.1) 23. REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of blue reflective markers. They shall be located adjacent and to the side of the center line of the access roadway that the fire hydrant is located on. In the case that there is no center line, then assume a center line and place the r eflectors accordingly. (OFC 507) 24. PHYSICAL PROTECTION: Where fire hydrants are subject to impact by a motor vehicle, guard posts, bollards or other approved means of protection shall be provided. (OFC 507.5.6 & OFC 312) 25. CLEAR SPACE AROUND FIRE HYDRANTS: A 3 foot clear space shall be provided around the circumference of fire hydrants. (OFC 507.5.5) BUILDING ACCESS AND FIRE SERVICE FEATURES 26. PREMISES IDENTIFICATION: New and existing buildings shall have approved address numbers; building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property, including monument signs. These num bers shall contrast with their background. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 1/2 inch. (OFC 505.1) If you have questions or need further clarification, or would like to discuss any alternate methods and/or materials, please feel free to contact me at 503-259-1504. Residential One- and Two-Family Development 3.4 – Page 4 Sincerely, John Wolff John Wolff Deputy Fire Marshal II Email John.Wolff@tvfr.com Cc: A full copy of the New Construction Fire Code Applications Guide for Residential Development is available at http://www.tvfr.com/DocumentCenter/View/1438 City of Tigard, Community Development Division 13125 SW Hall Blvd., Tigard, Oregon 97223 Page 1 of 2 Notice of a Type II Decision Minor Land Partition JTC Partners, LLC Partition Case IDs: MLP2018-00005 and ADJ2019-00001 The Decision Notice is hereby given that the City of Tigard Community Development Director’s designee has APPROVED the requested land use action, subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in the Final Decision, and the proposal is described below. Tigard Community Development Contact Information Date of Notice: Monday, June 17, 2019 120 days = Friday, August 30, 2019 Staff Contact: Lina Smith (503) 718-2438 LinaCS@tigard-or.gov Appeal Information All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision may appeal the decision. Appeal forms are available on the city’s website, or in person at the City of Tigard Permits Center. If you would like to appeal this land use decision, we need to receive your completed appeal form by 5 p.m. on Tuesday, July 02, 2019. Please include the Case IDs: MLP2018-00005 and ADJ2019-00001. Please hand-deliver your completed appeal form (which will be date-stamped) and pay the associated appeal fee at the City of Tigard Permits Center, 13125 SW Hall Blvd., Tigard, OR 97223. If you have any questions regarding this decision, please address them to the appropriate staff person noted on this form: Lina Smith. This decision is final on Monday, June 17, 2019, unless an appeal is filed. The decision will go into effect on Wednesday, July 03, 2019, unless an appeal is filed. A copy of the Final Decision is available upon request from the staff contact person noted above. Information About the Decision Description of the Proposal: The applicant is requesting a Minor Land Partition to divide a 0.55-acre lot into three (3) parcels. An existing home will remain on Parcel 1, which will be 11,029 square feet in size. Parcel 2 will be 5,180 square feet in size, and Parcel 3 will be 6,577 square feet in size. The applicant also requests an adjustment to reduce the rear yard setback on Parcel 1 from 15 feet to 12 feet (20 percent). Applicant: Nys Associates Attn: Steve Nys 10250 SW 87th Avenue Tigard, OR 97223 Owners: JTC Partners, LLC Attn: John Fennelly 4505 SW Fairview Boulevard Portland, OR 97221 Proposal Address: 12660 SW 135th Avenue Legal Description: WCTM 2S104AC, Tax Lot 12800 City of Tigard, Community Development Division 13125 SW Hall Blvd., Tigard, Oregon 97223 Page 2 of 2 Zoning: R-7: Medium-Density Residential Zone Applicable Approval Criteria: Community Development Code Chapters 18.110, 18.310, 18.320, 18.520, 18.710, 18.790, 18.820, 18.910, 19.920, and 18.930. Appeal Procedure Details A Type II decision is final for purposes of appeal on the date the notice is mailed. A Type II decision becomes effective on the day after the appeal period expires, unless an appeal is filed. Any party with standing as provided in Section 18.710.090.A may appeal this decision in accordance with Section 18.710.090 of the Community Development Code of the City of Tigard, which provides that a written appeal together with the required fee shall be filed with the Director within 15 days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available at the City of Tigard Permits Center, 13125 SW Hall Blvd., Tigard, OR 97223. All appeal hearings shall be de novo, which allows for the presentation of new evidence, testimony, and argument by any party. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. The deadline for filing an appeal is 5 p.m. on Tuesday, July 02, 2019. Approved Preliminary Plat Map: JTC Partners LLC 4505 SW Fairview Blvd,Portland OR 97221 To: Community Development Department Request for Permit Action City of Tigard 13125 SW Hall Blvd Tigard,OR 97223 June 15,2020 Subject: Request for Permit Action and Fee Refund-Explanation Permit for Land Partition Case#: Mlp 2018-00005,Adj 2019-00001 (Land Use Files) Project: JTC Partners, LLC Partition Site: WCTM 2S104AC,Tax Lot 12800 Address: 12660 SW 135th Avenue,Tigard,OR 97223 This is an explanatory note that describes the circumstances that led to this request for the Permit Action and Fee Refund. Background in Brief In March of 2018 JTC Partners, LLC (the applicant) purchased a property in the city of Tigard located at 12660 SW 135th Avenue, 97223. This was a large property and the intention was to significantly renovate and improve the existing structure. In addition the applicant intended to subdivide the property into three lots. Preliminary discussions with the city were favorable and we were advised that the permit process should be completed in about 6 to 12 months since time of application. The applicant made the application and paid the initial deposit on September 14,2018. Payments to City of Tigard The applicant made the following payments to the City of Tigard. As this application process had to be abandoned, for reasons described below, the applicant (JTC Partners LLC) is requesting that the city refund the entire amount paid under this permit application process. 1 JTC Partners LLC 4505 SW Fairview Blvd Portland OR 97221 Table#1 # Case# Description Amount Receipt# Paid Date 1 PRE-2018-00041 Application Fee 325.00 419405 09/12/2018 2 MLP2018-00005 Application Fee 5,245.00 420951 12/31/2018 3 MLP2018-00005 Land Partition—FP 1,275.00 426279 10/07/2019 4 PF2019-00359 Erosion Control 322.80 426298 10/07/2019 5 PFI2019-00359 PFI Permit Fee 720.77 426298 10/07/2019 6 PFI2019-00359 In Lieu of Land Use 1,920.00 426298 10/07/2019 Total Paid to City of Tigard Explanation for Permit Action As stated in the background section above, the applicant made the official application for a Land Partition on 12/31/2018. Discussions with the City of Tigard were actually initiated in September 2018. At time the applicant was led to believe that such an application should be approved and executed in about 6 to 12 months. We initiated the process but found that it was taking much longer than anticipated. The process was slow and we believe we were not properly informed about the time it would take to complete the permitting process. Empirical evidence seems to indicate that this process can realistically take up to 4 years before the land partition can be executed. • As a small company with very limited capital resources, we were facing a financial calamity as we certainly did not have the resources to carry the asset for 4 years while the city deliberated our land partition permit request. • With the advent of the Coronavirus pandemic and the corresponding economic downturen, it became very clear to the applicant that holding the property, while the City of Tigard considered the partition application,would be financially disastrous for the company as there were no funds to cover ongoing expenses. • In addition to the slow process, there was also staff turnover that significantly impacted progress of the project. Mr. Khoi Le, the Principal Engineer for the city of Tigard, Ieft his position and the project while in execution. With his departure the project was essentially halted indefinitely. • There were also significant delays in executing services provided by non-city actors—such as getting the Clean Water Services issues approved. • In anticipation of continuing delays,the applicant decided to sell the property before the market seized up as a potential pandemic side effect. On May 20th 2 JTC Partners LLC 4505 SW Fairview Blvd,Portland OR 97221 the applicant sold the property at a considerable loss of approximately $ 70,000—about-25% (loss) of the applicant's original investment in the project. While the loss was financially disastrous, it was far less than what we anticipated if we had to carry the property asset 4 more years. Given the combination of a long and arduous city permitting process and the corresponding financial threat given the economic environment, we believe selling the asset was the only feasible strategy for the applicant to pursue— short of financial ruin. Also, 2.5 years since initiating the application process with the city, we did not seem to be close to a potential approval. FYI—we have been in discussions with Brady BuClinger and Trent Bricky of the City's Engineering department. They concur that the engineering related fees should be refunded and are working with the City's Financial department to complete the process— but we are not aware of the precise situation with that effort. In conclusion, the applicant-JTC Partners LLC requests that the entire fees of$ 9,808.57 (USD Nine thousand, eight hundred and eight,and 57 cents) paid by JTC Partners LLC to the City of Tigard be refunded in its entirety, at the City's earliest convenience. If you have any questions at aII please feel free to call our representative John Fennelley who has been working with the city on this project. His phone number is noted on the request form. We look forward to your early action on this matter. Thank you very much. Sincerely: For JTC Partners LLC: John Fennelley Enclosures: Request for Permit Action form—completed by JTC Partners, LLC Request for Permit Action and Fee Refund—Explanation (this document) Copies of receipts as identified in Table 1 3 CITY OF TIGARD RECEIPT 111111 r • 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TI(;AKI) Project Name: J T C Partners,LLC Partition Site Address: 12660 SW 135TH AVE Receipt Number: 426298 - 10/07/2019 CAA NO. F EL DESCRIPTION REVENUE nrrn"NT NUMBER PAP PFI20 1 9-003 59 In Lieu of Land Use Conditions 200-0000-22006 $1,920.00 PFI2019-00359 ip,kC PFI Permit Fee 640-0000-43114 $720.77 PFI2019-00359 Erosion Control Fee v 640-0000-43134 $322.80 Total: $2,963.57 PAYMENT METHOD CHECK# AUTH CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check * 2076 SCOPELAN 10/07/2019 $2,963.57 Payor: JTC Partners LLC Total Payments: $2,963.57 Balance Due: $0.00 Page 1 of 1 CITY OF TIGARD RECEIPT _ 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 Tlt;ARI) Project Name: JTC Partners LLC Partition Site Address: 12660 SW 135TH AVE Receipt Number: 426279 - 10/07/2019 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID rot p9n1R-norms I and Partition- Final Plat 100-0000-43116 $1.275.00 Total: $1,275.00 PAYMENT METHOD CHECK# AUTH CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 4 2077 ALINDOR 10/07/2019 $1,275.00 Payor: JTC Partners LLC Total Payments: $1,275.00 Balance Due: $0.00 Page 1 of 1 114 CITY OF TIGARD RECEIPT ;i ■ •• 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TI(;AItI) Project Name: JTC Partners LLC Partition Site Address: 12660 SW 135TH AVE Receipt Number: 420951 - 12/31/2018 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MLP2018-00005 Application Fee 100-0000-43116 $5,245.00 Total: $5,245.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT I Check 2064 ALINDOR 12/31/2018 $5,245.00 Payor: JTC Partners LLC Total Payments: $5,245.00 Balance Due: $0.00 Page 1ofi ft CITY OF TIGARD11111 RECEIPT i s r 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 €II.RiI+:I) Project Name: FennaIty Minor Land Partition Site Address: 12660 SW 135TH AVE Receipt Number: 419405 - 09/12/2018 CASE NO.. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID PRE.2018-0t104i Appiication roe 100-0000-43116 $325.00 Total: $325.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Credit Card 012518 SCOPELAN 09/12/2018 $325.00 1111 Payor: John Fennelly Total Payments: $325.00 Balance Due: $0.00 Page 1 of 1 CITY OF TIGARDIN RECEIPT s 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Project Name: JTC Partners LLC Setback Adjustment Site Address: 12660 SW 135TH AVE Receipt Number: 421277 - 01/28/2019 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID ADJ2019-00001 Development Adjustment(includes TMU 100-0000-43116 $388.00 Zone Adjustments) Total: $388.00 PAYMENT METHOD CHECK# AUTH CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 2068 LSMITH 01/28/2019 $388.00 Payor: JTC PARTNERS, LLC Total Payments: $388.00 Balance Due: $0.00 Page 1 of 1 CITY OF TIGARD RECEIPT 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Project Name: JTC Partners LLC Partition Site Address: 12660 SW 135TH AVE Receipt Number: 423500 - 05/14/2019 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MLP2018-00005 Misc Fees(copies/labels/maps/prints)- 100-0000-45319 $75.00 Ping MLP2018-00005 Postage(Land Use Applications) 100-0000-45319 $128.00 Total: $203.00 PAYMENT METHOD CHECK# AUTH CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Credit Card 140519E3C-4CC PUBLICUSERO 05/14/2019 $203.00 Payor: Carl Grice Total Payments: $203.00 Balance Due: $0.00 Page 1 of 1 City of Tigard, Community Development Division 13125 SW Hall Blvd., Tigard, Oregon 97223 Page 1 of 3 Notice of a Type III-PC Decision Zone Map/Text Change Review Trillium Hill Subdivision Case ID: Case ID: ZON2018-00002/SUB2018-00003 The Decision Notice is hereby given that the City of Tigard has APPROVED the requested land use action, subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in the Final Decision and the application is described below. Tigard Community Development Contact Information Date of Notice: Monday, July 23, 2018 120 days = Friday, September 21, 2018 Staff Contact: Agnes Lindor 503-718-2429 AgnesL@tigard-or.gov Appeal Information All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision may appeal the decision. Appeal forms are available on the city’s website or in person at the Permit Center. If you would like to appeal this land use decision, we need to receive your completed appeal form by 5 p.m. on Tuesday, August 07, 2018. Please include the Case ID: ZON2018-00002/SUB2018-00003. Please hand- deliver your completed appeal form (which will be time-stamped) and pay the associated appeal fees at the Permit Center, 13125 SW Hall Blvd., Tigard, OR 97223. If you have any questions regarding this decision, please address them to Agnes Lindor and note the Case ID: ZON2018-00002/SUB2018-00003. This decision is final on Monday, July 23, 2018. The decision will go into effect on Wednesday, August 08, 2018, unless an appeal is filed. A copy of the Final Decision is available upon request from the staff contact person noted above. Information About the Decision Description of the Application: The applicant is requesting approval for a zone change from R-3.5 to R-4.5 and a 14-lot subdivision, located at 15050 and 15100 SW 109th Avenue. Proposed lots will range in size from 7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion Drive west to provide a connection to SW 109th Avenue and create a new private street, which connects to SW Lady Marion Drive. Applicant: Paceling Holding, LLC Attn: Rick Perry 15685 SW 116th Avenue, Suite 205 Tigard, OR 97224 Applicant’s Representative: Pioneer Design Group Wayne Hayson 9020 SW Washington Square Drive Suite 170 Portland, OR 97223 Owner: Shawn and Mike Hagel 12780 SW Fielding Road Lake Oswego, OR 97034 Proposal Address: 15050 and 15100 SW 109th Avenue City of Tigard, Community Development Division 13125 SW Hall Blvd., Tigard, Oregon 97223 Page 2 of 3 Legal Description: Washington County Tax Map 2S110DA Tax Lots 00300 and 00400 Zoning: R-4.5: Low-Density Residential District Approval Criteria: Community Development Code Chapters 18.110, 18.310, 18.320, 18.520, 18.710, 18.795, 18.830, 18.910, 18.920 and 18.930. Appeal Procedure Details The decision of the Planning Commission is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.710.090.A. A may appeal this decision in accordance with Section 18.710.090 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within 15 days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. All appeal hearings shall be de novo, which allows for the presentation of new evidence, testimony, and argument by any party. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. The deadline for filing an appeal is 5 p.m. on Tuesday, August 07, 2018 Zoning Map City of Tigard, Community Development Division 13125 SW Hall Blvd., Tigard, Oregon 97223 Page 3 of 3 Subdivision Plat TRILLIUM HILL PAGE 1 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION Agenda Item: 7 Hearing Date: July 16, 2018 Time: 7:00PM STAFF REPORT TO THE PLANNNG COMMISSION FOR THE CITY OF TIGARD, OREGON 120 DAYS = 09/13/2018 SECTION I. APPLICATION SUMMARY FILE NAME: TRILLIUM HILL SUBDIVISION CASE NO.: ZONE CHANGE ZON2018-00002 SUBDIVISION SUB2018-00003 PROPOSAL: The applicant is requesting approval for a zone change from R-3.5 to R-4.5 and a 14-lot subdivision, located at 15050 and 15100 SW 109th Avenue. Proposed lots will range in size from 7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion Drive west to provide a connection to SW 109th Avenue and create a new private street (Tierra Terrace), which connects to SW Lady Marion Drive. APPLICANT: Paceling Holding, LLC Attn: Rick Perry 15685 SW 116th Avenue, Suite 205 Tigard, OR 97224 OWNER: Shawn and Mike Hagel 12780 SW Fielding Road Lake Oswego, OR 97034 APPLICANT’S REP.: Pioneer Design Group Wayne Hayson 9020 SW Washington Square Drive Suite 170 Portland, OR 97223 LOCATION: 15050 and 15100 SW 109th Avenue; WCTM 2S110DA Tax Lots 00300 and 00400 COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential EXISTING ZONE: R-3.5: low-density residential zone. The R-3.5 zone is designed to accommodate detached single- family homes with or without accessory dwelling units at a minimum lot size of 10,000 square feet. Duplexes are permitted conditionally. Some civic and institutional uses are permitted conditionally. PROPOSED ZONE: R-4.5: low-density residential zone. The R-4.5 zone is designed to accommodate detached single- family homes with or without accessory dwelling units at a minimum lot size of 7,500 square feet. Duplexes are permitted conditionally. Some civic and institutional uses are permitted TRILLIUM HILL PAGE 2 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.110, 18.310, 18.320, 18.520, 18.710, 18.795, 18.830, 18.910, 18.920 and 18.930. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find that the proposed Zone Change and Subdivision will not adversely affect the health, safety, and welfare of the City and meets the applicable approval criteria as outlined in this report. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval: CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO PERMIT SUBMITTAL: 1. Prior to permit submittal, submit an Autocad file of the preliminary plat for the review of street names and assignment of addresses and pay address fee. Contact Oscar Contreras at 503-718-2678 for the submission of the Autocad file. The address fee shall be assessed in accordance with the current Master Fee Schedule. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ON-SITE IMPROVEMENTS INCLUDING GRADING, EXCAVATION, AND/OR FILL ACTIVITIES: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the PLANNING DIVISION, ATTN: Agnes Lindor (503)718-2429 or AgnesL@tigard-or.gov. The cover letter shall clearly identify where in the submittal the required information is found: 2. Prior to commencing any site work, the project arborist shall perform a site inspection for tree protection measures, document compliance/non-compliance with the Urban Forestry Plan, and send written verification with a signature of approval directly to the project planner within one week of the site inspection. 3. Prior to commencing any site work, the applicant shall provide a fee to cover the city’s cost of collecting and processing the inventory data for the entire urban forestry plan (Urban Forestry Manual, Section 11, Part 3). This fee amount will be for 39 open grown trees and one stand. 4. Prior to commencing any site work, the applicant shall provide a tree establishment bond that meets the requirements of the Urban Forestry Manual, Section 11, Part 2. This bond amount will be for 39 open grown trees and one stand. 5. The project arborist shall perform semimonthly (twice monthly) site inspections for tree protection measures during periods of active site development and construction, document compliance/non-compliance with the Urban Forestry Plan, and send written verification with a signature of approval directly to the project planner within one week of the site inspection. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KHOI LE, PRINCIPAL ENGINEER at (503) 718-2440 or Khoi@tigard-or.gov. The cover letter shall clearly identify where in the TRILLIUM HILL PAGE 3 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION submittal the required information is found: 6. Improvements associated with public infrastructures including street and right-of-way dedication, utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions shall be designed in accordance with the following codes and standards:  City of Tigard Public Improvement Design Standards  Clean Water Services (CWS) Design and Construction Standards  Tigard Community Development Codes, Municipal Codes  Tualatin Valley Fire and Rescue (TVF&R) Fire Codes  Other applicable County, State, and Federal Codes and Standard Guidelines 7. Improvements associated with public infrastructures including street and right-of-way dedication, utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions are subject to the City Engineer’s review, modification, and approval. 8. Prior to commencing site improvements, a Public Facility Improvement (PFI) Permit is required for this project to cover all infrastructure work including stormwater Water Quality and Quantity Facilities and any other work in the public right-of-way. Four (4) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. An Engineering cost estimate of improvements associated with public infrastructures including but not limited to street, street grading, utilities, stormwater quality and water quantity facilities, sanitary sewer, streetlights, and franchise utilities shall be required at the time of PFI Permit submittal. When the water system is under the City of Tigard jurisdiction, an Engineering cost estimate of water improvement shall be listed as a separate line item from the total cost estimate. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. PFI Permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City’s web page (www.tigard-or.gov). 9. Prior to commencing site improvements, submit the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the “Permittee”, and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also, specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information will delay processing of project documents. 10. Prior to commencing site improvements, provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided onsite. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles includes vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the development. 11. Prior to commencing site improvements, provide a photometric analysis for review and approval. New LED streetlights are required based on the photometric analysis; the applicant shall submit plans showing the location of streetlights and type and color of poles and light fixtures for review and approval. 12. Prior to commencing site improvements, submit plans showing the following items for review and approval: SW 109th Avenue shall include and shall be shown to have: TRILLIUM HILL PAGE 4 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION  30-foot from centerline right-of-way dedication  18-foot from centerline asphalt concrete pavement including 6-foot bike lane meeting City of Tigard Neighborhood Route cross section  Curb and gutter  5-foot planter  5-foot concrete sidewalk  8-foot Public Utility Easement  Driveway approach  Street trees in the planter strip spaced per TDC requirements  Streetlights as recommended from the approved photometric analysis  Storm drainage improvement meeting CWS Design and Construction Standards  Underground utilities  Street signs, names and traffic control devices meeting the Manual of Uniform Traffic Control Devices (MUTCD) and the City of Tigard Standards  Street profile and center line radius meeting the City of Tigard Standards  Intersection radii meeting the City of Tigard Standards  Intersection curb ramp meeting the Public Right-of-way Accessibility Guidelines (PROWAG)  Pavement taper meeting the City of Tigard Standards  Street striping meeting MTUCD, ODOT and the City of Tigard Standards SW Marion Drive shall include and shall be shown to have:  54-foot right-of-way dedication  32-foot from centerline asphalt concrete pavement meeting City of Tigard Local Street cross section  Curb and gutter  5-foot planter on both sides of the street  5-foot sidewalk on both sides of the street  Street trees in the planter strip spaced per TDC requirements  Streetlights as recommended from the approved photometric analysis  Residential driveway approaches  Storm drainage improvement meeting CWS Design and Construction Standards  Underground utilities  Curb radii meeting the City of Tigard Standards  Street signs, names and traffic control devices meeting the MUTCD and the City of Tigard Standards  Street profile and center line radius meeting the City of Tigard Standards Private Street (Tierra Terrace) shall include and shall be shown to have:  26-foot asphalt concrete pavement  5-foot sidewalk on both sides of the street  Streetlights as recommended from the approved photometric analysis  Storm drainage improvement meeting CWS Design and Construction Standards  Underground utilities  Street signs, names TRILLIUM HILL PAGE 5 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION  Street profile and turnout meeting the City of Tigard Standards and TVF&R 13. Prior to commencing site improvements, mailbox locations shall be submitted for review and approval. 14. Prior to commencing site improvements, submit site plans and a final storm drainage report as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained for review and approval. The storm drainage report shall be prepared and include a maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Standards. 15. Prior to commencing site improvements, obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI Permit. Plans shall be submitted to the City of Tigard for review. The city will forward the plans to CWS after preliminary review. 16. Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. 17. Prior to commencing site improvements, submit site plans as part of the PFI Permit showing all proposed and/or extensions of public water lines, hydrants and water services to be designed in accordance with the City of Tigard Standards to Engineering for review and approval. 18. Prior to commencing site improvements, provide written approval from TVF&R for fire flow, hydrant placement, and emergency vehicular access and turn around. 19. Prior to commencing site improvements, provide as part of the PFI Permit an erosion control plan. The plan shall conform to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual” (current edition). 20. Prior to commencing site improvements, submit a final grading plan showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Division. 21. The design engineer shall indicate, on the grading plan, which lots will have natural slopes between 10 percent and 20 percent, as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. 22. Prior to commencing site improvements, submit Autocad file of the construction plan to the City for GIS purposes. 23. Prior to commencing site improvements, pay a fee in lieu of undergrounding the existing overhead utilities located across the right-of-way along the development frontage on SW 109th Avenue. The fee in lieu shall be one-half of the total fee as calculated in accordance to the City of Tigard July 1, 2018 Fees and Charges Schedule. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL PLAT APPROVAL: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KHOI LE, PRINCIPAL TRILLIUM HILL PAGE 6 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION ENGINEER at (503) 718-2440 or Khoi@tigard-or.gov. The cover letter shall clearly identify where in the submittal the required information is found: 24. Prior to final plat approval, all improvements associated with public infrastructures including but not limited to street improvement under the City of Tigard jurisdiction shall be constructed, completed and/or satisfied. The applicant shall obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. 25. Prior to final plat approval, all public utility facilities including but not limited to storm drainage, water quality and quantity, sanitary sewer, water, gas, electrical, communication, and wireless shall be completed. Public storm water quality and quantity facilities shall be provided with three years of maintenance. 26. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 27. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. 28. Final plat will include signature lines for the City Engineer and Community Development Director. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant’s surveyor. 29. After the City and County have reviewed the final plat, submit one copy of the final plat for City Engineer and Community Development Director signatures. 30. Submit a check in the amount of the current final plat review fee (Contact Planner on Duty, at 503-718-2421). 31. Prior to final plat approval, submit the Final Sight Distance Certification indicating that sight distances are adequately provided at the intersection of SW Lady Marion Drive and SW 109th Avenue. 32. Prior to final plat approval, provide Autocad files of the as-built drawings IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.830.070 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the applicant shall:  Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and  Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant.  The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.830.080 Bond: TRILLIUM HILL PAGE 7 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION As required by Section 18.830.070, the applicant shall file with the agreement an assurance of performance supported by one of the following:  An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon;  A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or  Cash. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.830.090 Filing and Recording: Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. Final Plat Application Submission Requirements: Three copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set:  All centerline-centerline intersection points;  All cul-de-sac center points; and  Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.910.120 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. 18.910.130 Cash or Bond Required All improvements installed by the Developer shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City Council. Such guarantee shall be secured by cash deposit or bond in the amount of the TRILLIUM HILL PAGE 8 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.830.080. 18.910.150 Installation Prerequisite No public improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.910.180 Notice to City Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.910.200 Engineer's Certification Required The developer’s engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION, NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site and Vicinity Information The 3.29-acre site is made up of two tax lots (WCTM 2S110DA, Tax Lots 300, and 400), located north of SW Kable Street, east of SW 109th Avenue, and west of SW 107th Terrace at the terminus of SW Lady Marion Place. Proposed lots will range in size from 7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion Drive west to provide a connection to SW 109th Avenue and create a new private street (Tierra Terrace), which connects to SW Lady Marion Drive. The site is zoned Low-Density Residential (R-3.5) as are adjacent properties to the south and east. Adjacent properties to the north and west are zoned Medium-Density Residential (R-12). The proposal includes a zone change from R-3.5 to R-4.5. Property History A pre-application conference was held in 2009 (PRE2009-00020) for a 13-lot subdivision. No other records were found. SECTION IV. PUBLIC COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made. Staff mailed Notices of Public Hearing regarding this zone change and subdivision to affected parties on June 21, 2018. The city received five public comments. Ms. Kristen Larsen sent an email on July 3, 2018, stating that she did not receive the mailed notice and had concerns about water runoff, connecting sidewalks, and tree removal. Ms. Lynn Walker sent an email on July 4, 2018 and submitted a written letter on July 5, 2018, stating concerns about traffic, stability of the adjacent hillside, and traffic signage for safety. Mr. and Mrs. Allan and Patricia Rumbaugh, Mr. and Mrs. Ross, and Debbie Rieke expressed concerns about the street design related to connectivity and general impacts of the rezone on existing neighborhoods. No other public comments were received at the time this staff report was written. TRILLIUM HILL PAGE 9 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA The following summarizes the review criteria applicable to this decision, in the order in which they are addressed: Applicable Land Use Applications 18.795 Map and Text Amendments 18.830 Subdivisions Applicable Review Criteria 18.110 Residential Zones 18.310 Off-Street Parking and Loading 18.320 Landscaping and Screening 18.520 Urban Forestry Plan 18.910 Street and Utility Improvement Standards 18.920 Access, Egress and Circulation 18.930 Vision Clearance Areas SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.795 Map and Text Amendments 18.795.030 Quasi-Judicial Amendments A. Approval process. 1. Quasi-judicial zoning map amendments that do not require a comprehensive plan map amendment shall be processed through a Type III-PC procedure, as provided in Section 18.710.070. 2. Quasi-judicial comprehensive plan map amendments shall be processed through a Type III- Modified procedure, as provided in Section 18.710.080, which shall be decided by the city council with a recommendation by planning commission. 3. Quasi-judicial zoning map amendments that require a comprehensive map plan amendment shall be processed through a Type III-Modified procedure, as provided in Section 18.710.080, which shall be decided by the city council with a recommendation by planning commission. The applicant is requesting a concurrent review for a zone change and subdivision approval. The proposal includes a zone change from R-3.5 to R-4.5, which does not require a comprehensive plan amendment. The comprehensive plan designation will remain the same, Low Density Residential. Therefore, the Type III-PC procedure applies. B. Approval criteria. A recommendation or decision for a quasi-judicial zoning map amendment or quasi-judicial comprehensive plan amendment shall be based on the following: 1. Demonstration of compliance with all applicable comprehensive plan policies and map designations; and The applicant is proposing a zone change from R-3.5 to R-4.5. Both zones are within the low-density residential comprehensive plan designation, therefore, the property will continue to comply with the applicable comprehensive plan policies and the existing comprehensive plan map designation. This criterion is met. 2. Demonstration that adequate public services exist to serve the property at the intensity of proposed zoning. Factors to consider include the projected service demands of the property, the TRILLIUM HILL PAGE 10 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION ability of the existing and proposed public services to accommodate the future use, and the characteristics of the property and development proposal, if any. The proposed development will result in increased demand on public facilities, however, with the proposed localized improvements to water, sanitary sewer, and storm drainage systems, street improvements and payment of System Development Charges (SDCs), the site will be adequately served by public facilities. The proposal includes extending a new water line from an existing line in SW Lady Marion Drive to connect to SW 109th Drive and installation of required fire hydrants as determined by TVF&R. Sanitary sewer will also be extended from existing lines in SW 109th Ave and SW Lady Marion Drive. Stormwater will be collected via storm pipes and catch basins within the new public and private streets. The stormwater will be conveyed to a stormwater facility (Tract B) before discharging into the city’s system. Other utilities will be provided to the site through underground lines at the time of building construction. The development will extend SW Lady Marion Drive to the west to connect to SW 109th Avenue, providing curb, gutter, sidewalk and planter strip. As described above, through the proposed improvements to the public systems and payment of SDCs, the development will be adequately serviced by public services. FINDING: Based on the analysis above, all of the applicable map and text amendments criteria have been fully met. 18.830 Subdivisions 18.830.020 General Provisions C. Future re-division. When subdividing land into large lots, the approval authority shall require the lots be of such size and shape as to facilitate future re-division in compliance with the requirements of the applicable base zone and this title. The proposed large lots will not preclude the extension of streets and utilities for future re-division. 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. As proposed, the lots meet the minimum lot size requirement for the R-4.5 zone. The proposed lots are not large enough to provide for future re-division. This standard does not apply. 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 The minimum lot size for the R-4.5 zone is 7,500 square feet. The applicant proposes to utilize lot averaging for this subdivision, with an average lot size of 7,645 square feet. Four (4) of the proposed lots (Lots 1, 6, 7, and 10) are below the minimum lot size requirement of 7,500 square feet, but are not less than 80 percent of the minimum. This standard is met. 18.830.040 Approval Criteria – Preliminary Plat A. Approval criteria. The approval authority shall approve or approve with conditions an application for a preliminary plat when all of the following are met: 1. The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations; The proposed preliminary plat complies or can be made to comply with the applicable zoning ordinance and other applicable ordinances and regulations, as demonstrated by the analysis contained within this report, and through the imposition of conditions of approval. All necessary conditions must be satisfied as part of the development and building TRILLIUM HILL PAGE 11 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION process. This criterion is met. 2. In addition to the base zone regulations, the proposed lots shall meet the following: a. The depth of all lots shall not exceed 2.5 times the average width, unless the parcel is less than 2.5 times the minimum lot size of the applicable base zone; b. The side lines of lots shall be at right angles to the street upon which the lots front, unless impractical; and c. Each lot shall abut upon a public or private street, other than an alley, for a width of at least 25 feet. Lots for attached single-family dwelling units, shall abut upon a public or private street for a width at least 15 feet. The proposed lots meet the depth and width requirements, not exceeding the depth by 2.5 times the average width. The side lot lines are at right angles to the street and all lots exceed the 25-foot frontage requirement. This criterion is met. 3. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; According to the Washington County Surveyor’s Office, the proposed plat name, “Trillium Hill” has been reserved. Additionally, the applicant submitted a Subdivision Plat Naming form that was approved by the Washington County Surveyor’s Office on April 11, 2018. This criterion is met. 4. The streets and roads are laid out so as to conform to the plats of subdivisions and partitions already approved for adjoining property as to width, general direction and in all other respects unless the city determines it is in the public interest to modify the street or road pattern; and The proposed subdivision includes the extension of SW Lady Marion Drive, which will connect to SW 109th Avenue. A dedication will be provided along SW 109th Avenue and the street will be improved in compliance with city standards. All proposed streets will conform to the surrounding approved land divisions. This standard is met. 5. An explanation has been provided for all common improvements. The applicant’s narrative provides an explanation for all common improvements, as required. Specific details of the proposed improvements are discussed in detail under Chapter 18.910, Improvement Standards of this report. This criterion is met. FINDING: Based on the analysis above, all of the applicable subdivision standards have been fully met. 18.110 Residential Zones 18.110.030 Uses B. Use table. A list of permitted, restricted, conditional, and prohibited uses in residential zones is provided in Table 18.110.1. The proposed use is Household Living and is a permitted use in the R-4.5 zone. C. Housing types. A list of permitted, restricted, conditional, and prohibited housing types in residential zones is provided in Table 18.110.2. The proposed housing type is Single-Family Units, Detached and is a permitted housing type in the R-4.5 zone. TRILLIUM HILL PAGE 12 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION 18.110.040 Densities B. Calculating minimum and maximum densities. The method for calculation of minimum and maximum densities is provided in Chapter 18.40, Measurements. The proposed subdivision is for fourteen lots. The gross site area is 143,506 square feet and after the required right-of- way dedication and private street (31,294 square feet), the net development area is 112,212 square feet. The site does not have any sensitive lands or lands dedicated for parks. The maximum density is fourteen lots (112,212 / 7,500 = 14.9) and the minimum density is eleven lots (14.9 x 0.8 = 11.9). Densities were calculated in compliance with Chapter 18.40. As proposed, the subdivision meets density requirements. This standard is met. 18.110.050 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards for the applicable base zone, except where the applicant has obtained variances or adjustments in compliance with Chapter 18.790, Variances and Adjustments; and 2. All other applicable standards and requirements contained in this title. B. Development standards. Development standards of residential zones are in Table 18.110.3. TABLE 18.110.3 Development Standards STANDARD R-4.5 Proposed Minimum Lot Size - Detached unit 7,500 sq. ft. 7,218 sq. ft. to 8,481 sq. ft. Minimum Lot Width - Detached unit 50 ft. 55 ft. to 90 ft. Minimum Setbacks - Front yard - Side facing street on corner & through lots - Side yard - Rear yard - Side or rear yard abutting more restrictive zoning district - Distance between property line and front of garage 20 ft. 15 ft. 5 ft. 15 ft. 20 ft. 20 ft. N/A 5 ft. 15 ft. 20 ft. Maximum Height 30 ft. 30 ft. Maximum Lot Coverage None N/A Minimum Landscape Requirement None N/A The minimum lot size for the R-4.5 zone is 7,500 square feet. The applicant proposes to utilize lot averaging for this subdivision, with an average lot size of 7,645 square feet. Four (4) of the proposed lots (Lots 1, 6, 7, and 10) are below the minimum lot size requirement of 7,500 square feet, but are not less than 80 percent of the minimum, which meets the provision outlined in TDC 18.930.020.D. The minimum lot width required for a detached unit in the R-4.5 zone is 50 feet. All proposed parcels exceed this requirement because the narrowest lot has an average lot width of approximately 55 feet, and the widest lot has an average lot width of approximately 90 feet. Compliance with the development standards for the R-4.5 zone will be confirmed during the building permit submittal process for all future development. These standards are met. 18.310 Off-Street Parking and Loading Requirements 18.310.030 General Provisions TRILLIUM HILL PAGE 13 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION A. Vehicle parking plan requirements. A development permit shall not be issued or land use approval granted until plans are approved as provided by this title that demonstrate how off-street parking and loading requirements are met. The applicant is not proposing any development on the subject lots at this time. Accordingly, compliance with this standard will be confirmed during the building permit submittal process for all future development. This standard is met. 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 as the dwelling(s) it serves. The applicant is not proposing any development on the subject lots at this time. Accordingly, compliance with this standard will be confirmed during the building permit submittal process for all future development. This standard is met. 18.310.070 Off-Street Parking Requirements A. Off-street parking requirements. The ratios for providing minimum and maximum vehicle parking spaces are provided in Table 18.310.2. TDC Table 18.765.2 requires a minimum of one (1) parking space per dwelling unit. The applicant is not proposing any development on the subject lots at this time. Accordingly, compliance with this standard will be confirmed during the building permit submittal process for all future development. This standard is met. 18.320 Landscaping and Screening 18.320.030 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. 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 in compliance with 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 compliance with this chapter. 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 18.520, Urban Forestry and the Urban Forestry Manual shall apply to the land use applications in Section 18.520.020. 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 of this title and titles of the Tigard Municipal Code. (Ord. 12-09 §1) TRILLIUM HILL PAGE 14 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION The accepted planting procedures are the guidelines described in the Tigard Urban Forestry Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines, as well as the standards set forth in the most recent edition of the American Institute of Architects’ Architectural Graphic Standards. In the Architectural Graphic Standards, there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. These standards are met, and will be further addressed in Section 18.520 Urban Forestry Plan of this administrative decision. 18.320.040 Street Trees A. Street trees shall be required as part of the approval process for the following land use applications: conditional use (Type III), downtown design review (Type II and III), minor land partition (Type II), planned development (Type III), site development review (Type II), and subdivision (Type II and III). 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 in compliance with the street tree planting standards in the Urban Forestry Manual. D. Street trees required by this section shall be provided adequate soil volumes in compliance with 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 6 feet from the right-of-way in compliance with 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 in compliance the street tree planting and soil volume standards in the Urban Forestry Manual if it were newly planted; and 3. The tree is shown as preserved in the tree preservation and removal site plan, tree canopy cover site plan, and supplemental report, as required by Section 18.520.030, 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 approval authority 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 3 years for each tree below the minimum required. The linear amount of street frontage adjacent to this site is 1,102 feet; therefore, the site is required to have a minimum of 28 street trees (1,102 feet divided by 40 feet, rounded to the nearest whole number). The applicant provided a tree canopy site plan that shows 39 new street trees will be planted at this site. Furthermore, the project arborist (Morgan Holen & Associates, LLC) submitted an Urban Forestry Plan Supplemental Report, which describes how the street trees will be maintained according to the Street Tree Planting Standards and Street Tree Soil Volume Standards that are outlined in the Urban Forestry Manual. These standards are met. 18.520 Urban Forestry 18.520.020 Applicability A. The requirements of this chapter apply to the following land use applications: 7. Subdivision (Type II). This application is for a Type III Zone Change and Type II Subdivision. Accordingly, the requirements of TDC 18.5200 Urban Forestry apply. TRILLIUM HILL PAGE 15 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION 18.520.030 Urban Forestry Plan Requirements 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; An Urban Forestry Plan that was coordinated and approved by a certified arborist and tree risk assessor (the project arborist) has been submitted. This standard is met. 2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual; A tree preservation and removal site plan that meets the standards set forth in the Urban Forestry Manual has been submitted. This standard is met. 3. Meet the tree canopy site plan standards in the Urban Forestry Manual; and A tree canopy site plan that meets the standards set forth in the Urban Forestry Manual has been submitted. In addition, the project arborist has included a signature of approval and statement attesting that the tree canopy site plan meets all of the requirements in Section 10, Part 2 of the Urban Forestry Manual. This standard is met. 4. Meet the supplemental report standards in the Urban Forestry Manual. A supplemental report was prepared and submitted by the project arborist, Morgan Holen & Associates, LLC. This report includes the required inventory data for existing open grown trees, as outlined in Section 10, Part 3, Subsection D of the Urban Forestry Manual. The site is zoned R-4.5; accordingly, the minimum required effective tree canopy for the entire site is 40 percent, and 15 percent per lot (Section 10, Part 3, Subsections N and O of the Urban Forestry Manual). Through the supplemental report, the project arborist demonstrates how the effective tree canopy for the entire site is 40.4 percent, and over 15 percent for each lot. This standard is met. 18.520.060 Urban Forestry Plan Implementation C. Tree establishment. The establishment of all trees shown to be planted in the tree canopy site plan and supplemental report of a previously approved urban forestry plan shall be guaranteed and required according to the tree establishment requirements in the Urban Forestry Manual. The applicant’s Urban Forestry Plan does not address tree establishment. Therefore, a condition of approval is added for the applicant to provide a tree establishment bond that meets the requirements of the Urban Forestry Manual Section 11, Part 2. This standard will be met through conditions of approval. D. Urban forest inventory. Spatial and species specific data shall be collected according to the urban forestry inventory requirements in the Urban Forestry Manual for each open grown tree and area of stand grown trees in the tree canopy site plan and supplemental report of a previously approved urban forestry plan. Section 11, Part 3, Subsection B of the Urban Forestry Manual states that prior to any ground disturbance work, the applicant shall provide a fee to cover the city’s cost of collecting and processing the inventory data for the entire Urban Forestry Plan. Therefore, a condition of approval is added to address this requirement. This standard will be met through conditions of approval. TRILLIUM HILL PAGE 16 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION 18.910 Street and Utility Improvement Standards 18.910.030 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 chapter 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. The development is a 14-lot subdivision adjacent to SW 109th Avenue and SW Lady Marion Drive. SW 109th Avenue is a Neighborhood Route and SW Lady Marion Drive is a Local Street. They are both existing public streets. The site plans show that the rights-of-ways of both SW 109th Avenue and SW Lady Marion Drive meet the City of Tigard Neighborhood Route and Local Street cross sections at 60 feet and 54 feet respectively. A right-of-way dedication of 10 feet is proposed along the development frontage on SW 109th Avenue and a full 54-foot right-of-way dedication is proposed for the street extension through the site connecting existing SW Lady Marion Drive to SW 109th Avenue. The site plans also show that all the streets adjacent to the development will be improved. The improvement will include full street construction on SW Lady Marion Drive and half-street improvements on SW 109th Avenue. All the streets are shown to have two-way travel lanes, curb and gutter, five-foot sidewalk and five-foot planter. Bike lane will be provided on SW 109th Avenue and on street parking will be provided on both sides of the street on SW Lady Marion Drive. These criterion are met. 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. The applicant’s narrative and site plans indicate that the street improvements will be provided. The applicant does not propose to pay a fee in lieu for street improvements. This criterion is met. TRILLIUM HILL PAGE 17 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be created through the approval of a final plat; 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 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 1 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 partitions. c. The street is located within the mixed use central business district (MU-CBD) zone and has been identified on Figures 5-14A through 5-14I of the City of Tigard 2035 Transportation System Plan as a required connectivity improvement. 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 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. The existing right-of-way on SW 109th Avenue is less than the current required right-of-way. The applicant proposes to dedicate 30 feet right-of-way from centerline along the development frontage on SW 109th Avenue to provide a full street for two-way travel lanes and pedestrian connection. Bike lanes will also be provided. A full 54-foot right-of-way dedication will be provided for the street extension connecting existing SW Lady Marion Drive to SW 109th Avenue. Dedication of right-of-way will be recorded through subdivision plat approval. These criterion are met. 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 compliance with Subsection 18.910.030.N; and The proposed development is adjacent to SW 109th Avenue and SW Lady Marion Drive. They are existing streets and the grades of the streets will remain unchanged. This criterion is met. 2. Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development shall either: TRILLIUM HILL PAGE 18 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION 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. All the existing streets are shown on the plan. This criterion is met. 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 or within the Tigard Downtown Plan District, 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 provided in Table 18.910.1. The narrative and site plans indicate that the proposed development is going to construct street improvements along all the adjacent streets. The streets will be improved to accommodate two-way travel lanes and pedestrian connections. Street trees and streetlights will also be provided. Bike lanes and on-street parking will be provided on SW 109th Avenue and SW Lady Marion Drive respectively. Additionally, the applicant will also provide storm drainage system associated with all street improvements. This criterion is met. 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. No future street plan is proposed or deemed necessary. 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. The proposed development is not adjacent to within 530 feet of a bus route. This criterion does not apply. 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 a. These extended streets or street stubs to adjoining properties are not considered to be cul-de- sac since they are intended to continue as through streets at such time as the adjoining property is developed. TRILLIUM HILL PAGE 19 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION 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. No street extension, cul-de-sac, or turnout is proposed and deemed necessary. This criterion does not apply. 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 percent 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. Street connection will be provided with the proposed development. The site plans and narrative indicate that SW Lady Marion Drive will extend through the site to connect to SW 109th Avenue. These criterion are met. 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: SW Lady Marion Drive will intersects SW 109th Avenue at a right angle. This criterion is met. 1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; At least 25 feet of tangent adjacent to the right-of-way intersection between SW Lady Marion Drive and SW 109th Avenue will be provided. This criterion is met. 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 The intersection between SW Lady Marion Drive and SW 109th Avenue will be at a right angle. This criterion is met. TRILLIUM HILL PAGE 20 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION 3. Right-of-way lines at intersection with arterial streets shall have a corner radius of not less than 20 feet. The development is not adjacent to arterial streets. This standard is not applicable. 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. The applicant proposes to dedicate 30 feet from centerline on SW 109th Avenue and a full 54 feet rights of way dedication and SW Lady Marion Drive. This criterion is met. 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. No partial improvement is proposed. This criterion does not apply. 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. New public street names are not proposed, however a private street is proposed. A name for the private street will be Tierra Terrace, which has been approved. This criterion is met. N. Grades and Curves. 1. Grades shall not exceed 10 percent on arterials, 12 percent on collector streets, or 12 percent on any other street (except that local or residential access streets may have segments with grades up to 15 percent for distances of no greater than 250 feet); and 2. Centerline radii of curves shall be as determined by the city engineer. The proposed development is adjacent to SW 109th Avenue and SW Lady Marion Drive. They are existing streets and the grades of the streets will remain unchanged. This criterion is met. O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in compliance with standards specified in this chapter and Section 15.04, Work in the Right-of-Way, 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. Curbs, curb cuts, and driveway approaches are shown on the submitted site plans. This criterion is met. 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. TRILLIUM HILL PAGE 21 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION All boundary, internal monuments, and street monuments shall be established, reestablished and protected in accordance with the City’s and County’s requirements and standards. This criterion is met. T. Private streets. 1. Design standards for private streets shall be established by the city engineer; and 2. The city shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than 6 dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. A private street is proposed. The private street (Tierra Terrace) is shown to have 26-foot pavement and five-foot sidewalk on both sides of the street. The 26-feet of paved width will provide for parking on one side. Additionally, it is configured with a hammer head turnout. The turnout must be reviewed and approved by TVF&R. This criterion is met. V. Street signs. The city shall install all street signs, relative to traffic control and street names, as specified by the city engineer for any development. The cost of signs shall be the responsibility of the developer. Prior to commencing of site improvements, the applicants shall submit site plans showing location of street signs, names, and traffic control devices to Engineering for review and approval. Prior to final plat approval, all street signs, street names, and traffic control devices shall be constructed, completed, and/or satisfied by the Applicant. This criterion is met. W. Mailboxes. Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least 2 dwelling units. 1. Joint mailbox structures shall be placed adjacent to roadway curbs; 2. Proposed locations of joint mailboxes shall be designated on the preliminary plat or development plan, and shall be approved by the city engineer/U.S. post office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the city engineer/U.S. post office prior to final approval. Mailboxes are not shown on the site plans. Prior to commencing site improvements, mailbox locations shall be submitted for review and approval. This criterion is met. Y. Street light standards. Street lights shall be installed in compliance with regulations adopted by the city’s direction. Prior to commencing of site improvements, the applicant shall provide Engineering Division a photometric analysis of the proposed development frontages for review and approval. Photometric analysis will follow the recommended values and requirements per ANSI/IESNA. New streetlights are required based on the photometric analysis. The applicant shall submit a plan showing the location of streetlights and type and color of pole and light fixture shall for review and approval. This criterion is met through conditions of approval. Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required. Prior to commencing of site improvements, the applicants shall submit site plans showing location of street signs, street names, and traffic control devices to Engineering for review and approval. TRILLIUM HILL PAGE 22 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION Prior to final plat approval, all street signs, street names, and traffic control devices shall be constructed, completed, and/or satisfied by the applicant. This criterion is met through conditions of approval. AA. Street cross-sections. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within 1 year of the conditional acceptance of the roadway unless otherwise approved by the city engineer. The final lift shall also be placed no later than when 90 percent of the structures in the new development are completed or 3 years from the commencement of initial construction of the development, whichever is less. 1. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphaltic concrete; 3. The final lift shall be placed on all new construction roadways prior to city final acceptance of the roadway; however, not before 90 percent of the structures in the new development are completed unless 3 years have elapsed since initiation of construction in the development; 4. The final lift shall be Class C asphaltic concrete as defined by A.P.W.A. standard specifications; and 5. No lift shall be less than 1.5 inches in thickness. The applicant’s site plans called out the structural cross sections of the streets and they meet the City of Tigard standard cross sections. This criterion is met. 18.910.040 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 Paragraph 18.910.040.B.1. 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. The applicant proposes to extend SW Lady Marion Drive to connect to SW 109th Avenue, which will complete the block. The block does not exceed 2,000 feet. This standard is met. 18.910.050 Easements A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development is traversed by a watercourse or drainageway, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of the watercourse. B. Utility easements. A property owner proposing a development shall make arrangements with the city, the applicable district, and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city’s standard width for public main line TRILLIUM HILL PAGE 23 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or city engineer. The proposed development is not traversed by a watercourse or drainage way. The site plans show that an eight-foot Public Utility Easement along all rights of way for the placement of franchise utilities. This criterion is met. 18.910.070 Sidewalks A. Sidewalks. All public and private streets adjacent to industrially zoned properties shall have sidewalks meeting city standards along at least 1 side of the street. All other public and private 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. No industrial street is proposed or deemed necessary. A five-foot concrete sidewalk is proposed along all the public and private streets adjacent to the development. This criterion is met. 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 0.50 miles 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). The proposed development does not generate an additional 1,000 vehicle trips or more per day and there is not a sidewalk gap within 300 feet of the development. These criteria do not apply. C. Planter strip requirements. A planter strip separation of at least 5 feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions 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) or where the standards in Table 18.910.1 specify otherwise. 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. The site plans indicate that a five-foot planter will be provided along all public streets adjacent to the development meeting the standards. This criterion is met. D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. The narrative indicates that it is the adjacent property owner’s obligation to continue maintaining the adjacent sidewalks, curbs and planter strips. This criterion is met. TRILLIUM HILL PAGE 24 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION E. Application for permit and inspection. Separate street opening permits are required for sidewalk segments that are not part of a current subdivision approval: 1. An occupancy permit shall not be issued for a development until the provisions of this section are satisfied. 2. The city engineer may issue a permit and certificate allowing temporary noncompliance with the provisions of this section to the owner, builder or contractor when, in his or her opinion, the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time; b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk; c. Street right-of-way is insufficient to accommodate a sidewalk on 1 or both sides of the street; or d. Topography or elevation of the sidewalk base area makes construction of a sidewalk impractical or economically infeasible. 3. The city engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. Prior to commencing of site improvements, the applicant shall submit site plans as part of the PFI Permit showing the location of sidewalk to Engineering for review and approval. Prior to Final Plat Approval, the sidewalk shall be constructed, completed, and/or satisfied. Sidewalk in the public right-of-way or proposed public right-of-way will be inspected and approved by the City of Tigard Engineering Division. This criterion is met through conditions of approval. 18.910.090 Sanitary Sewers A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in compliance with Clean Water Services requirements and 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 approval authority 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. The Applicant’s narrative and site plans indicate that all the lots in the proposed development will be serviced and connected to public sanitary sewer systems via service laterals. All the services will be served off the proposed eight-inch sanitary sewer systems on SW Lady Marion Drive and the private street (Tierra Terrace). The proposed system is shown connecting to the existing public sanitary sewer system on SW 109th Avenue. Additionally, a public sanitary sewer extension to the north edge of the development on SW 109th Avenue for future connection is proposed. Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. TRILLIUM HILL PAGE 25 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION Prior to Final Plat Approval, the proposed public sanitary sewer system and associated facilities shall be constructed, completed, and/or satisfied. No over-sizing of sanitary sewer is proposed or deemed necessary. This criterion is met through conditions of approval. 18.910.100 Storm Drainage A. General provisions. The director and city engineer shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; The site plans show that new public storm drainage systems are proposed on SW Lady Marion Drive and the private street (Tierra Terrace). Both new and existing public sanitary sewer systems and storm drainage systems are separate and independent from one another. This criterion is met. 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and The site plans indicate that a public drainage system including manholes, inlets, and a 12-inch main are proposed in SW Lady Marion Drive and the private street (Tierra Terrace). A water quality/detention facility is also proposed and located on its own tract on the southwest cornner of the development with access from SW 109th Avenue. Street run-off will be collected and detained in the water quality/detention facility prior to releasing to the existing system located in SW 109th Avenue. Surface water shall not be carried across the intersection and allowed to flood the streets and adjacent properties. Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing how run-off generated by the development will be collected, conveyed, treated, and detained for review and approval. The design of storm drainage improvement shall be in accordance with CWS Design and Construction Standards. This criterion is met through conditions of approval. 3. Surface water drainage patterns shall be shown on every development proposal plan. A grading plan was submitted showing contours associated with the proposed street and lots. The applicant’s site plans also include the proposed storm system and location of the catch basins and the water quality/detention indicating how surface water drainage patterns will be after development. This criterion is met. B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater 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. The site is not traversed by a watercourse, drainageway, channel or stream. The site plans show that a tract (Tract B) is proposed for storm water quality and detention and will be dedicated to the City of Tigard. This criterion does not apply. 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 Clean Water Services requirements. There is no upstream basin that flows across the subject site. This criterion does not apply. TRILLIUM HILL PAGE 26 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION 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 compliance with Clean Water Services requirements. A preliminary storm drainage report was submitted as part of the land use submittal. Prior to commencing site improvements, submit a final storm drainage report as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained to Engineering Division for review and approval. The storm drainage report shall be prepared and include a maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Design Guidelines. Prior to commencing of site improvements, submit site plans as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained to for review and approval. Prior to Final Plat Approval, all public stormwater drainage system, including water quality and detention facilities shall be constructed, completed, and/or satisfied. This criterion is met through conditions of approval. 18.910.110 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 unless specified in Table 18.910.1. 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 chapter and on the adopted bicycle plan. The proposed development is adjacent to SW 109th Avenue, a designated bicycle route. Bike lanes re proposed along SW 109th Avenue. This criterion is met. 18.910.120 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. TRILLIUM HILL PAGE 27 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION The applicant’s narrative and site plans indicates that all new utilities including storm, sanitary, water, and dry utilities are going to be placed underground. This criterion is met. 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 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. The applicant’s narrative states that show all proposed storm, sanitary, and water as well as associated services and facilities will be placed underground. This criterion is met. C. Exception to undergrounding 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 MU-CBD zone shall be exempt from the requirements for undergrounding of utility lines and from the fee in-lieu of undergrounding. 4. The exceptions in Paragraphs 18.910.120.C.1–3 shall apply only to existing utility lines. All new utility lines shall be placed underground. There are existing overhead utilities located across the right-of-way along the development frontage on SW 109th Avenue. The applicant shall pay a fee in lieu. This criterion is met through conditions of approval. 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 chapter. 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. TRILLIUM HILL PAGE 28 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION Prior to commencing site improvements, pay a fee in lieu of undergrounding the existing overhead utilities located across the right-of-way along the development frontage on SW 109th Avenue. The fee in lieu shall be one-half of the total fee as calculated in accordance to the City of Tigard July 1, 2018 Fees and Charges Schedule. This criterion is met through conditions of approval. 18.920 Access, Egress and Circulation 18.920.020 Applicability A. Applicability. 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 that increases the on-site parking or loading requirements or changes the access requirements. This application is for a 14-lot subdivision, which is considered development. Accordingly, the provisions of Chapter 18.920, Access, Egress and Circulation apply. 18.920.030 General Provisions B. Access plan requirements. No land use approval or development permit shall be approved or issued until plans are approved, as provided by this chapter that demonstrate how access, egress, and circulation requirements are to be met. The applicant has submitted scaled plans that show how access, egress and circulation requirements are to be fulfilled, in compliance with the standards outlined in this chapter. This provision is met. D. Public street access. All vehicular access and egress as required in Subsections 18.920.030.H, I and J 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. As demonstrated on the applicant’s submitted plans, all proposed lots will connect directly with the extension of SW Lady Marion Drive, SW 109th Avenue or the proposed private street (Tierra Terrace). All access shall be maintained at the required standards on a continuous basis. This standard is met. H. Access Management. 1. An access report shall be submitted with all new development that 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). The proposed development is a 14-lot subdivision adjacent to SW 109th Avenue and SW Lady Marion Drive. A Traffic Impact Study is not required. However; a preliminary sight distance certification prepared by Pioneer Design Group, Inc. dated March 14, 2018 was submitted as part of the land use application. The certification indicated that there are 312 feet and 372 feet of sight distances available to both north and south directions respectively at the intersection of SW Lady Marion Drive and SW 109th Avenue. The required sight distances were calculated at 250 feet. Prior to final plat approval, the applicant shall submit to the Engineering Division the Final Sight Distance Certification indicating that sight distances are adequately provided at the intersection of SW Lady Marion Drive and SW 109th Avenue. This criterion is met through conditions of approval. 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 TRILLIUM HILL PAGE 29 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION 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 development has less than 150 feet of street frontage, the applicant shall explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The development is not adjacent to a collector or arterial street. This standard does not apply. 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. The streets adjacent to the development are either a Neighborhood Route or a Local Street. The new intersection between SW Lady Marion Drive and SW 109th Avenue is located more than 125 feet to the nearest streets in either direction. This criterion is met. I. Minimum access requirements for residential uses. 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 18.920.1 and 18.920.2. Table 18.920.1 Vehicular Access/Egress Requirements: Residential Use (Six or fewer units) Number Dwelling Unit/Lots Minimum Number of Driveways Required Minimum Access Width Minimum Pavement Width 1 or 2 1 15′ 10′ 3-6 1 20′ 20′ All proposed lots meet the standard outlined above because each lot has more than 15 feet of frontage on all existing and proposed streets, as demonstrated on the applicant’s submitted plans. This standard is met. 18.930 Vision Clearance Areas 18.930.020 Applicability A. Applicability. 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 changes the access requirements. This application is for a 14-lot subdivision, which is considered development. Accordingly, the provisions of Chapter 18.930, Vision Clearance Areas apply. 18.930.030 Vision Clearance Requirements A. At corners. Except within the MU-CBD zone, a vision 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 3 feet in height, measured from the top of the curb, or where no curb exists, from the street TRILLIUM HILL PAGE 30 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION center line grade, except that trees exceeding this height may be located in this area, provided all branches below 8 feet are removed. The applicant’s narrative states that visual clearance areas will be maintained on the corners of all properties adjacent to the intersection of two streets, and driveways providing access to a public street. Additionally, the applicant is not proposing any development on the subject lots at this time. Accordingly, compliance with visual clearance requirements will be confirmed during the building permit submittal process for all future development. These standards are met. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Tracts and Tract Recordation: Tract B is a stormwater tract for the purposes of water quality and detention. Tract B will be owned and maintained by the City. Tract A is for the private street (Tierra Terrace) and Tract C is for retaining walls. Tracts A and C will be owned and maintained by the Homeowners Association (HOA). All tracts shall be recorded on separate documents per the Washington County Surveyor Office. Fire and Life Safety: Emergency vehicle turn around, location of fire hydrants, and fire flow must be reviewed and approved by TVF&R prior to commencement site improvements. Public Water System: The existing public water mains surrounding the proposed development are under the City of Tigard jurisdiction. The site plans indicate that services will be provided to serve all the proposed lots either from the new eight-inch DI main on SW Lady Marion Drive. Water meters serving Lots 10 through 14 shall be located on SW Lady Marion Drive. An irrigation meter for the storm water quality and detention facility on Tract B is proposed off the existing water main on SW 109th Avenue. The water system is shown being a looped system. Prior to commencing site improvements, submit site plans as part of the PFI Permit showing all proposed and/or extensions of public water lines, hydrants and water services to be designed in accordance with the City of Tigard Standards to Engineering for review and approval. NOTE: An estimated 12 percent of the water system cost will be assessed prior to approval of the City of Tigard’s PFI Permit. Storm Water Quality/Detention: The City has agreed to enforce Surface Water Management regulations established by CWS Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to commencing site improvements, the applicant shall obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI Permit. Plans shall be submitted to the City of Tigard for review. The City will forward plans to CWS after preliminary review. Tract B shall be dedicated to the City at final plat. TRILLIUM HILL PAGE 31 OF 32 7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION Grading and Erosion Control: Clean Water Services Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. In accordance with CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10 percent and 20 percent, as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. Address Assignments: The City of Tigard is responsible for the approval of new street names and assigning addresses for parcels within the City of Tigard. Submit an Autocad file of the preliminary plat for the review of street names and assignment of addresses. Contact Oscar Contreras at 503-718-2678 for the submission of the Autocad file. Prior to permit submittal, pay the addressing fee. The address fee shall be assessed in accordance with the current Master Fee Schedule. Survey Requirements: The applicant’s final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City’s global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by:  GPS tie networked to the City’s GPS survey.  By random traverse using conventional surveying methods. In addition, the applicant’s as-built drawings shall be tied to the GPS network. The applicant’s engineer shall provide the City with an Autocad electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). SECTION VII. OTHER STAFF COMMENTS The City of Tigard Police Department was sent a copy of the applicant’s proposal, and stated that address signage be posted at entrance of private street identifying house numbers located off private street. The City of Tigard Public Works Department was sent a copy of the applicant’s proposal, and stated that the irrigation VICINITY MAP ZON2018-00002 SUB2018-00003 Trillium Hill Subject Site Approx. Scale 1:2,000 - 1 in = 167 ft Map printed at 06:42 AM on 03-Apr-18 Information on this map is for general location only and should be verified with the Development Services Division. DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN. THE CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 503 639-4171 www.tigard-or.gov Attachment 1 Attachment 2 ENGINEERING COMMENTS PAGE 1 MEMORANDUM CITY OF TIGARD, OREGON DATE: June 5, 2018 TO: Agnes Lindor, Associate Planner FROM: Khoi Le, Principal Engineer PROJECT: SUB2018-00003 TRILLIUM HILL SUBDIVISION 18.910.030 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. The development is a 14-lot Subdivision adjacent to SW 109th Ave and SW Lady Marion Drive. 109th Ave is a Neighborhood Route and Lady Marion Dr is a Local Street. They are both existing public streets in Tigard. The site plans show that the rights of way of both 109th Ave and Lady Marion are meeting the City of Tigard Neighborhood Route and Local Street cross sections at 60 feet and 54 feet respectively. A right of way dedication of 10 feet is proposed along the development frontage on 109th Ave and a full 54-foot right of way dedication is proposed for the street extension thru the site connecting existing Lady Marion Dr to 109th Ave. The site plans also show that all the streets adjacent to the development will be improved. The improvement will include full street construction on Lady Marion Dr, half-street construction on 109th Ave. All the streets are shown to have two-way travel lanes, curb and gutter, 5-foot sidewalk and 5-foot planter. Bike lane will be provided on 109th Ave and on street parking will be provided on both sides of the street on Lady Marion Dr. 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 condition exist: Attachment 3 ENGINEERING COMMENTS PAGE 2 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 motorist 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 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. The narrative and site plans indicate that the street improvements will be provided. The Applicant does not propose to pay a fee in lieu for street improvements. 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 condition. 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. c. The street is located within the downtown mixed use central business district and has been identified on Figure 5-14A through 5-14L of the City of Tigard 2035 Transportation System Plan as a required connectivity improvement. 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 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. Attachment 3 ENGINEERING COMMENTS PAGE 3 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 area 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. The existing right of way on 109th Ave is less than the current required right of way. The Applicant proposes to dedicate 30 feet right of way from centerline along the development frontage on 109th Ave to provide full streets for two-way travel lanes and pedestrian connections. Bike lane will also be provided. A full 54-foot right of way dedication will be provided for the street extension connecting existing Lady Marion Dr to 109th Ave. Dedication of right of way will be recorded via subdivision plat approval. C. Creation of access easement. The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can be created. 1. Access easements shall be provided and maintained in accordance with the Uniform Fire Code, Section 10.207. 2. Access shall be in accordance with 18.705.030.H and I. No access easement is proposed or deemed necessary. 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 purposed 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 of this section; and The proposed development is adjacent to 109th Ave and Lady Marion Dr. They are existing streets and the grades of the streets will remain unchanged. 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 pattern 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 Attachment 3 ENGINEERING COMMENTS PAGE 4 served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety. All the existing streets are shown on the plan. 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 or within the Downtown District, 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. The narrative and site plans indicate that the proposed development is going to construct street improvements along all the adjacent streets. The streets will be improved to accommodate two-way travel lanes and pedestrian connections. Street trees and streetlights will also be provided. Bike lane and on street parking will be provided on 109th Ave and Lady Marion Dr respectively. Additionally, the Applicant will also provide storm drainage system associated with all street improvements. 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 Attachment 3 ENGINEERING COMMENTS PAGE 5 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. No future street plan is proposed or deemed necessary. b. 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. The proposed development is not adjacent to within 530 feet of a bus route. 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 a. These extended streets or street stubs to adjoining properties are not considered to be cul-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. No street extension, cul-de-sac, or turnout is proposed and deemed necessary. G. Street spacing and access management. Refer to 18.920.030.H 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 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 Attachment 3 ENGINEERING COMMENTS PAGE 6 facilities, such as schools, shopping areas and parks. 4. All development shall provide an internal network of connecting streets that provide short, direct travel routes and minimize travel distances within the development. Street connection will be provided with the proposed development. The site plans and narrative indicate that Lady Marion Dr extends through the site to connect to 109th Ave. I. Intersection angles. Street shall be laid out so as to intersect at an angle as near to a right angle as practical, 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: Lady Marion Dr will intersects 109th Ave at a right angle. 1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; At least 25 feet of tangent adjacent to the right of way intersection between Lady Marion Dr and 109th Ave will be provided. 2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the right of way line of the acute angles; The intersection between Lady Marion Dr and 109th Ave will be at a right angle. 3. Right-of-way lines intersection with arterial streets shall have a corner radius of not less than 20 feet. No street adjacent to the development is an Arterial St. This standard is not applicable. J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract are less than standard width, additional rights-of-way shall be provided at the time of subdivision or development. The Applicant proposes to dedicate 30 feet from centerline and a full 54 feet rights of way dedication on 109th Ave and Lady Marion Dr respectively. 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 adjoining property developed. No partial improvement is proposed. L. Cul-de-sac No cul-de-sac is proposed or deemed necessary. Attachment 3 ENGINEERING COMMENTS PAGE 7 M. Street name. 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. No new public street name is proposed however a private street is proposed. A name for the private street will be submitted to the City for review and approval. 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. The proposed development is adjacent to 109th Ave and Lady Marion Dr. They are existing streets and the grades of the streets will remain unchanged. 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. Curbs, curb cuts, and driveway approaches are shown on the submitted site plans. P. Street adjacent to railroad right-of-way. The proposed site is not adjacent to a railroad right-of-way. This standard is not applicable. Q. Access to arterials and collectors. Where a development abuts or is traversed by an existing or proposed arterial or collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: 1. A parallel access street along the arterial or collector; 2. Lots of suitable depth abutting the arterial or collector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or collector; or 4. Other treatment suitable to meet the objectives of this subsection; 5. If a lot has access to two streets with different classifications, primary access Attachment 3 ENGINEERING COMMENTS PAGE 8 should be from the lower classification street. The proposed development is not adjacent to a Collector Street or an Arterial Street. R. Alleys, public or private. The site does not propose any alleys, public or private. 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. All boundary, internal monuments, and street monuments shall be established, reestablished and protected in accordance with the City’s and County’s requirements and standards. T. Private streets. 1. Design standards for private streets shall be established by the city engineer; and 2. The city shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. A private street is proposed. The private street is shown to have 26-foot pavement and 5- foot sidewalk on both sides of the street. The 26-feet of paved width will provide for parking on one side. Additionally, it is configured with hammer head turnout. The turnout must be reviewed and approved by Tualatin Valley Fire & Rescue (TVF&R). U. Railroad Crossing. The proposed site is not adjacent to any railroad crossing. This standard is not applicable. V. Street Signs. The city shall install all street signs, relative to traffic control and street names, as specified by the city engineer for any development. The cost of signs shall be the responsibility of the developer. Prior to commencing of site improvements, the Applicants shall submit site plans showing location of street signs, names, and traffic control devices to Engineering for review and approval. Prior to final plat approval, all street signs, street names, and traffic control devices shall be constructed, completed, and/or satisfied by the Applicant. W. Mail Boxes. Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least two dwelling units. Attachment 3 ENGINEERING COMMENTS PAGE 9 1. Joint mailbox structures shall be placed adjacent to road curbs; 2. Proposed locations of joint mailboxes shall be designed on a copy of the preliminary plat or development plan, and shall be approved by the city engineer/U.S. post office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the city engineer/U.S. post office prior to final approval. Mailboxes are not shown on the site plans. Mailbox locations must be submitted for review and approval prior to commencing site improvements. X. Traffic Signal. The location of traffic signals shall be noted on approval street plans. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approval specifications shall be installed. The cost shall be included as a condition of development. No traffic signal is required. This standard is not applicable. Y. Streetlight standards. Streetlights shall be installed in accordance with regulations adopted by the city’s direction. Prior to commencing of site improvements, the Applicant shall provide Engineering Division a photometric analysis of the proposed development frontages for review and approval. Photometric analysis will follow the recommended values and requirements per ANSI/IESNA. New streetlights are required based on the photometric analysis. If required, the Applicant shall submit a plan showing the location of streetlights to Engineering for review and approval. Type and color of pole and light fixture shall also be included on the plan for review and approval. Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required. Prior to commencing of site improvements, the Applicants shall submit site plans showing location of street signs, street names, and traffic control devices to Engineering for review and approval. Prior to final plat approval, all street signs, street names, and traffic control devices shall be constructed, completed, and/or satisfied by the Applicant. AA. Street cross-section. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the city engineer. The final lift shall also be placed no later than when 90% of the structures in the new development are completed or three years from the commencement of initial construction of the development, whichever is less. 1. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphalt concrete; Attachment 3 ENGINEERING COMMENTS PAGE 10 3. The final lift shall be place on all new construction roadways prior to final city acceptance of the roadway; however, no before 90%of the structures in the new development are completed unless three years have elapsed since initiation of construction in the development.; 4. The final lift shall be Class C asphalt concrete as defined by A.P.W.A. standards specifications; and 5. No lift shall be less than 1-1/2 inches in thickness. The Applicant’s site plans called out the structural cross sections of the streets and they meet the City of Tigard standard cross sections. BB. Traffic calming. When, in the opinion of the city engineer, the proposed development will create negative traffic condition on existing neighborhood streets, such as excessive speeding, the developer may be required to provide traffic calming measures. These measures may be required within the development and/or offsite as deemed appropriate. As an alternative, the developer may be required to deposit funds with the city to help pay for traffic calming measures that become necessary once the development is occupied and the city engineer will determine the amount of funds required, and will collect said funds from the developer prior to the issuance of a certificate of occupancy, or in the case of subdivision, prior to the approval of the final plat. The funds will be held by the city for a period of five years from the date of issuance of certificate of occupancy, or in the case of a subdivision, the date of final plat approval. Any funds not used by the city within the five-year time period will be refunded to the developer. No traffic calming is proposed or deemed necessary. CC. Traffic Study. 1. A traffic study shall be required for all new or expanded uses or developments under any of the following circumstances: a. When they generate a 10% or greater increase in existing traffic to high collision intersections identified by Washington County. b. Trip generation from development onto the city street at the point of access and the existing ADT fall within the following ranges: Existing ADT ADT to be added by development 0-3000 vpd 2,000 vpd 3,001-6,000 vpd 1,000 vpd >6,000 vpd 500 vpd or more c. If any of the following issues become evident to the city engineer: i. High traffic volumes on the adjacent roadway that may affect movement into or out of the site. ii. Lack of existing left-turn lanes onto the adjacent roadway at the prosed access drive(s). Attachment 3 ENGINEERING COMMENTS PAGE 11 iii. Inadequate horizontal or vertical sight distance at access points. iv. The proximity of the proposed access to other existing drives or intersections is a potential hazard. v. The proposal requires a conditional use permit or involves a drive through operation. vi. The proposed development may result in excessive traffic volumes on adjacent local streets. 2. In addition, a traffic study may be required for all new or expanded uses or developments under any of the following circumstances: a. When the site is within 500 feet of an ODOT facilities; and/or b. Trip generation from a development adds 300 or more vehicle trips per day to an ODOT facility; and/or c. Trip generation from a development adds 50 or more peak hour trips to an ODOT facility. Traffic Impact Analysis (TIA) is not required or deemed necessary. 18.910.050 Easements A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development is traversed by a watercourse or drainage way, there shall be provided a stormwater easement or drainage right-of-way conforming substantial with the lines of the watercourse. B. Utility Easements. A property owner proposing a development shall make arrangement with the city, the applicable district, and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city’s standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or city engineer. The proposed development is not traversed by a watercourse or drainage way. The site plans show that an 8-foot Public Utility Easement (PUE) along all rights of way for the placement of franchise utilities. 18.910.70 Sidewalk. A. 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 the 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. No industrial street is proposed or deemed necessary. 5-foot concrete sidewalk is proposed along all the public and private streets adjacent to the development. B. Requirement of developers. Attachment 3 ENGINEERING COMMENTS PAGE 12 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 route within ½ 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). The proposed development does not generate an additional 1,000 vehicle trips or more per day. There is not a sidewalk gap within 300 feet of the development. 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 exist: There is inadequate right-of-way; the curbside sidewalks already exist on predominant portions of the street; it would conflict with 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) or where the standards in Table 18.810.1 specify otherwise. Additional consideration of exempting the planter strip requirement may be given on a case-by-case basis if a property abuts more than one street frontage. The site plans indicate that a 5-foot planter will be provided along all public streets adjacent to the development meeting the standards. D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. The narrative indicates that it is the adjacent property owner’s obligation to continue maintaining the adjacent sidewalks, curbs and planter strips. E. Application for permit and inspection. If the construction of a sidewalk is not included in the performance bond of an approved subdivision or the performance bond has lapsed, then every person, firm or corporation desiring to construct sidewalks as provided by this chapter, shall be before entering upon the work or improvement, apply for a street opening permit to the Engineering Department to so build or construct: 1. An occupancy permit shall not be issued for a development until the provision of this section is satisfied. 2. The city engineer may issue a permit and certificate allowing temporary noncompliance with the provision of this section to the owner, builder or contractor Attachment 3 ENGINEERING COMMENTS PAGE 13 when, in his or her opinion, the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time. b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk. c. Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of the street; or, d. Topography or elevation of the sidewalk base area makes construction of sidewalk impractical or economically infeasible. 3. The city engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. Prior to commencing of site improvements, the Applicant shall submit site plans as part of the PFI Permit showing the location of sidewalk to Engineering for review and approval. Prior to Final Plat Approval, the sidewalk shall be constructed, completed, and/or satisfied. Sidewalk in the public right of way or proposed public right of way will be inspected and approved by the City of Tigard Engineering Division. 18.910.090 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. Permit Denied. Development permits may be restricted by the commission or hearing 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. The Applicant’s narrative and site plans indicate that all the lots in the proposed development will be serviced and connected to public sanitary sewer systems via service laterals. All the services will be served off the proposed 8-inch sanitary sewer systems on Lady Marion Dr and the private street. The proposed system is shown connecting to the existing public sanitary sewer system on 109th Ave. Additionally, a public sanitary sewer extension to the north edge of the development on 109th Ave for future connection is proposed. Attachment 3 ENGINEERING COMMENTS PAGE 14 Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. Prior to Final Plat Approval, the proposed public sanitary sewer system and associated facilities shall be constructed, completed, and/or satisfied. No over-sizing of sanitary sewer is proposed or deemed necessary. 18.910.100 Storm Drainage A. General provisions. The director and city engineer shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; The site plans show that new public storm drainage systems are proposed on Lady Marion Dr and the private street. Both new and existing public sanitary sewer systems and storm drainage systems are separate and independent from one another. 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and The site plans indicate that a public drainage system including manholes, inlets, and a 12- inch main are proposed in Lady Marion Dr and the private street. A water quality/detention facility is also proposed and located on its own tract on the southwest cornner of the development with access taking from 109th Ave. Street run-off is going to be collected and detained in the water quality/detention facility prior to releasing to the existing system located in 109th Ave. Surface water is not to be carried across the intersection and allowed to flood the streets and adjacent properties. Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing how run-off generated by the development will be collected, conveyed, treated, and detained to the Engineering Division for review and approval. The design of storm drainage improvement shall be in accordance with CleanWater Services Design and Construction Standards. 3. Surface water drainage patterns shall be shown on every development proposal plan. A grading plan was submitted showing contours associated with the proposed street and lots. The Applicant’s site plans also include the proposed storm system and location of the catch basins and the water quality/detention indicating how surface water drainage patterns will be after development. Attachment 3 ENGINEERING COMMENTS PAGE 15 B. Easement. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater 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. The site is not traversed by a watercourse, drainageway, channel or stream. The site plans show that a tract (Tract B) is proposed for storm water quality and detention and will be dedicated to the City of Tigard. 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). There is no upstream basin that flows across the subject site. 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). A preliminary storm drainage report was submitted as part of the land use submittal. Prior to commencing site improvements, submit a final storm drainage report as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained to Engineering Division for review and approval. The storm drainage report shall be prepared and include a maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Design Guidelines. Prior to commencing of site improvements, submit site plans as part of the PFI permit indicating how run-off generated by the development will be collected, conveyed, treated and detained to Engineering Division for review and approval. Prior to Final Plat Approval, all public stormwater drainage system, including water quality and detention facilities shall be constructed, completed, and/or satisfied. 18.910.110 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 Attachment 3 ENGINEERING COMMENTS PAGE 16 (TSP). Bike lane requirements along collectors within the downtown urban renewal district shall be determined by the city engineer unless specified in Table 18.810.1. 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. The proposed development is adjacent to 109th Ave, a designated bicycle route. 18.910.120 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 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; 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 undergrounding 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. Attachment 3 ENGINEERING COMMENTS PAGE 17 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. There are existing overhead utilities located across the right of way along the development frontage on 109th Ave. The applicant shall pay a fee in lieu per the criterion in TDC Section 18.910.120.C.2. Prior to commencing site improvements, pay a fee in lieu of undergrounding the existing overhead utilities located across the right of way along the development frontage on 109th Ave. The fee in lieu shall be one-half of the total fee as calculated in accordance to the City of Tigard July 1, 2018 Fees and Charges Schedule. 18.920.030. General Provision 18.920.30.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) The proposed development is a 14-lot subdivision adjacent to 109th Ave and Lady Marion Dr. Attachment 3 ENGINEERING COMMENTS PAGE 18 A Traffic Impact Study (TIA) is not required however; a preliminary sight distance certification prepared by Pioneer Design Group, Inc. dated March 14, 2018 was submitted as part of the land use application. The certification indicated that there are 312 feet and 372 feet of sight distances available to both north and south directions respectively at the intersection of Lady Marion Dr and 109th Ave. The required sight distances were calculated at 250 feet. Prior to final plat approval, the Applicant shall submit to the Engineering Division the Final Sight Distance Certification indicating that sight distances are adequately provided at the intersection of Lady Marion Dr and 109th Ave. 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 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. The streets adjacent to the development are either a Neighborhood Route or a Local Street. The new intersection between Lady Marion Dr and 109th Ave is located more than 125 feet to the nearest streets in either directions. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Tracts: Tract B is a stormwater tract for the purposes of water quality and detention. Tract A will be owned and maintained by the City. Tract A and C will be owned and maintained by the Homeowners Association (HOA). Tract A is for the private street and Tract C is for retaining walls. Tracts Recordation: All Tracts shall be recorded on separate documents per the Washington County Surveyor Office. Attachment 3 ENGINEERING COMMENTS PAGE 19 Fire and Life Safety: Emergency vehicle turn around, location of fire hydrants, and fire flow must be reviewed and approved by TVF&R prior to commencement site improvements. Public Water System: The existing public water mains surrounding the proposed development are under the City of Tigard jurisdiction. The site plans indicate that services will be provided to serve all the proposed lots either from the new 8” DI main on Lady Marion Dr. Water meters serving Lots 10 to 14 shall be located on Lady Marion Dr. An irrigation meter for the storm water quality and detention facility on Tract B is proposed off the existing water main on 109th Ave. The water system is shown being a looped system. Prior to commencing site improvements, submit site plans as part of the PFI Permit showing all proposed and/or extensions of public water lines, hydrants and water services to be designed in accordance with the City of Tigard Standards to Engineering for review and approval. NOTE: An estimated 12 percent of the water system cost will be assessed prior to approval of the City of Tigard’s PFI permit. Storm Water Quality/Detention: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI permit. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. Tract B shall be dedicated to the City at final plat. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one Attachment 3 ENGINEERING COMMENTS PAGE 20 or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. Address Assignments: The City of Tigard is responsible for the approval of new street names and assigning addresses for parcels within the City of Tigard. Submit an Autocad file of the preliminary plat for the review of street name and assigning addresses. Contact Oscar Contreras with Engineering Division at 503-718-2678 for the submission of the Autocad file and ensuring that new street names are approved and addresses are assigned. Prior to permit submission pay the addressing fee. The address fee shall be assessed in accordance with the current Master Fee Schedule. Survey Requirements: The applicant’s final plat shall contain State Plane Coordinates [NAD 83 (91)] on tw o monuments with a tie to the City’s global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by:  GPS tie networked to the City’s GPS survey.  By random traverse using conventional surveying methods. In addition, the applicant’s as-built drawings shall be tied to the GPS network. The applicant’s engineer shall provide the City with an Autocad electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO PERMIT SUBMISSION: 1. The City of Tigard is responsible for the approval of new street names and assigning addresses for parcels within the City of Tigard. Submit an Autocad file of the preliminary plat for the review of street name and assigning addresses. Contact Attachment 3 ENGINEERING COMMENTS PAGE 21 Oscar Contreras with Engineering Division at 503-718-2678 for the submission of the Autocad file and ensuring that new street names are approved and addresses are assigned. Prior to permit submission pay the addressing fee. The address fee shall be assessed in accordance with the current Master Fee Schedule. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements, to the ENGINEERING DEPARTMENT, ATTN: KHOI LE at 503-718-2440. The cover letter shall clearly identify where in the submittal the required information is found: 2. Improvements associated with public infrastructures including street and right of way dedication, utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions shall be designed in accordance with the following codes and standards:  City of Tigard Public Improvement Design Standards  CleanWater Services (CWS) Design and Construction Standards  Tigard Community Development Codes, Municipal Codes  Fire Codes  Other applicable County, State, and Federal Codes and Standard Guidelines 3. Improvements associated with public infrastructures including street and right of way dedication, utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions are subject to the City Engineer’s review, modification, and approval. 4. Prior to commencing site improvements, a Public Facility Improvement (PFI) Permit is required for this project to cover all infrastructure work including stormwater Water Quality and Quantity Facilities and any other work in the public right-of-way. Four (4) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. An Engineering cost estimate of improvements associated with public infrastructures including but not limited to street, street grading, utilities, stormwater quality and water quantity facilities, sanitary sewer, streetlights, and franchise utilities shall be required at the time of PFI Permit submittal. When the water system is under the City of Tigard jurisdiction, an Engineering cost estimate of water improvement shall be listed as a separate line item from the total cost estimate. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City’s web page (www.tigard-or.gov). Attachment 3 ENGINEERING COMMENTS PAGE 22 5. Prior to commencing site improvements, submittal of the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the “Permittee”, and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 6. Prior to commencing site improvements, the Applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided onsite. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 7. Prior to commencing site improvements, the Applicant shall provide Engineering Division a photometric analysis for the review and approval. New LED streetlights are required based on the photometric analysis; the Applicant shall submit plans showing the location of streetlights to Engineering Division for review and approval. Type and color of pole and light fixture shall also be included on the plan for review and approval. 8. Prior to commencing site improvements, the Applicant shall submit plans showing the following items to Engineering for review and approval: SW 109th Ave St shall include and shall be shown to have:  30-foot from centerline right of way dedication  18-foot from centerline asphalt concrete pavement including 6-foot bike lane meeting City of Tigard Neighborhood Route cross section  Curb and gutter  5-foot planter  5-foot concrete sidewalk  8-foot PUE  Driveway approach  Street trees in the planter strip spaced per TDC requirements  Streetlights as recommended from the approved photometric analysis  Storm drainage improvement meeting CleanWater Services Design and Construction Standards  Underground utilities Attachment 3 ENGINEERING COMMENTS PAGE 23  Street signs, names and traffic control devices meeting the Manual of Uniform Traffic Control Devices (MUTCD) and the City of Tigard Standards  Street profile and center line radius meeting the City of Tigard Standards  Intersection radii meeting the City of Tigard Standards  Intersection curb ramp meeting the Public Right of Way Accessibility Guidelines (PROWAG)  Pavement taper meeting the City of Tigard Standards  Street striping meeting MTUCD, ODOT and the City of Tigard Standards SW Marion Drive shall include and shall be shown to have:  54-foot right of way dedication  32-foot from centerline asphalt concrete pavement meeting City of Tigard Local Street cross section  Curb and gutter  5-foot planter on both sides of the street  5-foot sidewalk on both sides of the street  Street trees in the planter strip spaced per TDC requirements  Streetlights as recommended from the approved photometric analysis  Residential driveway approaches  Storm drainage improvement meeting CleanWater Services Design and Construction Standards  Underground utilities  Curb radii meeting the City of Tigard Standards  Street signs, names and traffic control devices meeting the Manual of Uniform Traffic Control Devices (MUTCD) and the City of Tigard Standards  Street profile and center line radius meeting the City of Tigard Standards Private Street shall include and shall be shown to have:  26-foot asphalt concrete pavement  5-foot sidewalk on both sides of the street  Streetlights as recommended from the approved photometric analysis  Storm drainage improvement meeting CleanWater Services Design and Construction Standards  Underground utilities  Street signs, names  Street profile and turnout meeting the City of Tigard Standards and TVF&R 9. Prior to commencing site improvements, submit site plans and a final storm drainage report as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained to Engineering Attachment 3 ENGINEERING COMMENTS PAGE 24 Division for review and approval. The storm drainage report shall be prepared and include a maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Standards. 10. Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI Permit. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. 11. Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. 12. Prior to commencing site improvements, submit site plans as part of the PFI Permit showing all proposed and/or extensions of public water lines, hydrants and water services to be designed in accordance with the City of Tigard Standards to Engineering for review and approval. 13. Prior to commencing site improvements, the Applicant will be required to provide written approval from Tualatin Valley Fire & Rescue for fire flow, hydrant placement, and emergency vehicular access and turn around. 14. Prior to commencing site improvements, an erosion control plan shall be provided as part of the Public Facility Improvement permit drawings. The plan shall conform to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual” (current edition) and submitted to City of Tigard with the PFI plans. 15. Prior to commencing site improvements, a final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Division. 16. The design engineer shall indicate, on the grading plan, which lots will have natural slopes between 10 percent and 20 percent, as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. 17. Prior to commencing site improvements, submit Autocad file of the construction plan to the City for GIS purposes. 18. Prior to commencing site improvements, pay a fee in lieu of undergrounding the existing overhead utilities located across the right of way along the development frontage on 109th Ave. The fee in lieu shall be one-half of the total fee as calculated in accordance to the City of Tigard July 1, 2018 Fees and Charges Schedule. Attachment 3 ENGINEERING COMMENTS PAGE 25 THE FOLLOWING CONDITIONS SHALL BE SATIFIED PRIOR TO APPROVAL OF THE FINAL PLAT 19. Prior to final plat approval, all improvements associated with public infrastructures including but not limited to street improvement under the City of Tigard jurisdiction shall be constructed, completed and/or satisfied. The Applicant shall obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. 20. Prior to final plat approval, all public utility facilities including but not limited to storm drainage, water quality and quantity, sanitary sewer, water, gas, electrical, communication, and wireless shall be completed. Public storm water quality and quantity facilities shall be provided with 3 years of maintenance. 21. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 22. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. 23. Final plat will include signature lines for the City Engineer and Community Development Director. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the Applicant’s surveyor. 24. After the City and County have reviewed the final plat, submit one copy of the final plat for City Engineer and Community Development Director signatures. 25. Submit a check in the amount of the current final plat review fee (Contact Planner on Duty, at 503718-2421) 26. Prior to final plat approval, the Applicant shall submit to the Engineering Division the Final Sight Distance Certification indicating that sight distances are adequately provided at the intersection of Lady Marion Dr and 109th Ave. 27. Prior to final plat approval, provide Autocad files of the as-built drawings. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: Attachment 3 ENGINEERING COMMENTS PAGE 26 Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Developer shall:  Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and  Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the Developer. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As required by Section 18.430.080, the Developer shall file with the agreement an assurance of performance supported by one of the following:  An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon;  A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or  Cash. The Developer shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The Developer shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.430.100 Filing and Recording: Within 60 days of the City review and approval, the Applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the Applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat Application Submission Requirements: Three copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. Attachment 3 ENGINEERING COMMENTS PAGE 27 The following centerline monuments shall be set:  All centerline-centerline intersection points;  All cul-de-sac center points; and  Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, culde-sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.810.120 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. 18.810.130 Cash or Bond Required All improvements installed by the Developer shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land Developer's Design Engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. Attachment 3 Attachment 4 Attachment 4 Attachment 4 Attachment 4 Attachment 4 Attachment 4 www.tvfr.com Training Center 12400 SW Tonquin Road Sherwood, Oregon 97140-9734 503-259-1600 South Operating Center 8445 SW Elligsen Road Wilsonville, Oregon 97070-9641 503-259-1500 Command and Business Operations Center and North Operating Center 11945 SW 70th Avenue Tigard, Oregon 97223-9196 503-649-8577 June 14, 2018 Agnes Lindor City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 Re: Trillium Hill Sub-Div SUB2018-00003 Tax Lot I.D: 2S110DA Lots 0300/00400 Thank you for the opportunity to review the proposed site plan surrounding the above named development project. These notes are provided in regards to the plans received May 21, 2018. There may be more or less requirements needed based upon the final project design, however, Tualatin Valley Fire & Rescue will endorse this proposal predicated on the following criteria and conditions of approval. FIRE APPARATUS ACCESS: 1. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed driving surface width of not less than 20 feet (26 feet adjacent to fire hydrants (OFC D103.1)) and an unobstructed vertical clearance of not less than 13 feet 6 inches. (OFC 503.2.1) 2. NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and 20 feet of unobstructed driving surface, “No Parking” signs shall be installed on one or both sides of the roadway and in turnarounds as needed. Signs shall read “NO PARKING - FIRE LANE” and shall be installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have red letters on a white reflective background. (OFC D103.6) 3. NO PARKING: Parking on emergency access roads shall be as follows (OFC D103.6.1-2): 1. 20-26 feet road width – no parking on either side of roadway 2. 26-32 feet road width – parking is allowed on one side 3. Greater than 32 feet road width – parking is not restricted 4. PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted red (or as approved) and marked “NO PARKING FIRE LANE” at 25 foot intervals. Lettering shall have a stroke of not less than one inch wide by six inches high. Lettering shall be white on red background (or as approved). (OFC 503.3) 5. FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet and shall extend 20 feet before and after the point of the hydrant. (OFC D103.1) 6. SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced as to provide all-weather driving capabilities. (OFC 503.2.3) Attachment 4 Residential One- and Two-Family Development 3.4 – Page 2 7. ANGLE OF APPROACH/GR ADE FOR INTERSECTIONS: Intersections shall be level (maximum 5%) with the exception of crowning for water run-off. (OFC 503.2.7 & D103.2) 8. ACCESS DURING CONSTRUCTION: Approved fire apparatus access roadways shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. Temporary address signage shall also be provided during construction. (OFC 3309 and 3310.1) 9. TRAFFIC CALMING DEVICES: Shall be prohibited on fire access routes unless approved by the Fire Marshal. (OFC 503.4.1). Traffic calming measures linked here: http://www.tvfr.com/DocumentCenter/View/1578 FIREFIGHTING WATER SUPPLIES: 10. FIREFIGHTING WATER SUPPLY FOR INDIVIDUAL ONE- AND TWO-FAMILY DWELLINGS: The minimum available fire flow for one and two-family dwellings served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to OFC Appendix B. (OFC B105.2) 11. FIRE FLOW WATER AVAILABILITY: Applicants shall provide documentation of a fire hydrant flow test or flow test modeling of water availability from the local water purveyor if the project includes a new structure or increase in the floor area of an existing structure. Tests shall be conducted from a fire hydrant within 400 feet for commercial projects, or 600 feet for residential development. Flow tests will be accepted if they were performed within 5 years as long as no adverse modifications have been made to the supply system. Water availability information may not be required to be submitted for every project. (OFC Appendix B) 12. WATER SUPPLY DURING CONSTRUCTION IN MUNICIPAL AREAS: In areas with fixed and reliable water supply, approved firefighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. (OFC 3312.1) FIRE HYDRANTS: 13. FIRE HYDRANTS – ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where the most remote portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. (OFC 507.5.1) 14. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway unless approved by the Fire Marshal. (OFC C102.1) 15. REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of blue reflective markers. They shall be located adjacent and to the side of the center line of the access roadway that the fire hydrant is located on. In the case that there is no center line, then assume a center line and place the reflectors accordingly. (OFC 507) 16. PHYSICAL PROTECTION: Where fire hydrants are subject to impact by a motor vehicle, guard posts, bollards or other approved means of protection shall be provided. (OFC 507.5.6 & OFC 312) Attachment 4 Residential One- and Two-Family Development 3.4 – Page 3 17. CLEAR SPACE AROUND FIRE HYDRANTS: A 3 foot clear space shall be provided around the circumference of fire hydrants. (OFC 507.5.5) BUILDING ACCESS AND FIRE SERVICE FEATURES 18. PREMISES IDENTIFICATION: New and existing buildings shall have approved address numbers; building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property, including monument signs. These num bers shall contrast with their background. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 1/2 inch. (OFC 505.1) Provide a physical address on the new home, as well as, near the intersection of the private drive and public road visible from both approaches of [enter road intersections here] If you have questions or need further clarification, or would like to discuss any alternate methods and/or materials, please feel free to contact me at 503-259-1504. Sincerely, John Wolff John Wolff Deputy Fire Marshal II Email John.Wolff@tvfr.com Cc: A full copy of the New Construction Fire Code Applications Guide for Residential Development is available at http://www.tvfr.com/DocumentCenter/View/1438 Attachment 4 Attachment 5 Attachment 5 Attachment 5 Attachment 5 Attachment 5 Attachment 5 Attachment 5 Attachment 5 Attachment 5 TRILLIUM HILL PAGE 1 OF 33 NOTICE OF DECISION PLANNING COMMISSION NOTICE OF DECISION PLANNNG COMMISSION FOR THE CITY OF TIGARD, OREGON 120 DAYS = 09/13/2018 A FINAL ORDER APPROVING A LAND USE APPLICATION FOR A ZONE CHANGE AND A SUBDIVISION FOR TRILLIUM HILL SUBDIVISION. THE PLANNING COMMISSION BASED ITS DECISION ON THE FACTS, FINDINGS AND CONCLUSIONS IN THE STAFF REPORT TO THE PLANNING COMMISSION, THE APPLICANT’S NARRATIVE AND PLAN SET, AND TESTIMONY AT THE JULY 16, 2018 PUBLIC HEARING. SECTION I. APPLICATION SUMMARY FILE NAME: TRILLIUM HILL SUBDIVISION CASE NO.: ZONE CHANGE ZON2018-00002 SUBDIVISION SUB2018-00003 PROPOSAL: The applicant is requesting approval for a zone change from R-3.5 to R-4.5 and a 14-lot subdivision, located at 15050 and 15100 SW 109th Avenue. Proposed lots will range in size from 7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion Drive west to provide a connection to SW 109th Avenue and create a new private street (Tierra Terrace), which connects to SW Lady Marion Drive. APPLICANT: Paceling Holding, LLC Attn: Rick Perry 15685 SW 116th Avenue, Suite 205 Tigard, OR 97224 OWNER: Shawn and Mike Hagel 12780 SW Fielding Road Lake Oswego, OR 97034 APPLICANT’S REP.: Pioneer Design Group Wayne Hayson 9020 SW Washington Square Drive Suite 170 Portland, OR 97223 LOCATION: 15050 and 15100 SW 109th Avenue; WCTM 2S110DA Tax Lots 00300 and 00400 COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential EXISTING ZONE: R-3.5: low-density residential zone. The R-3.5 zone is designed to accommodate detached single- family homes with or without accessory dwelling units at a minimum lot size of 10,000 square feet. Duplexes are permitted conditionally. Some civic and institutional uses are permitted conditionally. TRILLIUM HILL PAGE 2 OF 33 NOTICE OF DECISION PLANNING COMMISSION PROPOSED ZONE: R-4.5: low-density residential zone. The R-4.5 zone is designed to accommodate detached single- family homes with or without accessory dwelling units at a minimum lot size of 7,500 square feet. Duplexes are permitted conditionally. Some civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.110, 18.310, 18.320, 18.520, 18.710, 18.795, 18.830, 18.910, 18.920 and 18.930. SECTION II. PLANNING COMMISSION DECISIN The Planning Commission finds that the proposed Zone Change and Subdivision will not adversely affect the health, safety, and welfare of the City and meets the applicable approval criteria as outlined in this report. Therefore, the Planning Commission APPROVES the proposed Zone Change and Subdivision subject to the following Conditions of Approval: CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO PERMIT SUBMITTAL: 1. Prior to permit submittal, submit an Autocad file of the preliminary plat for the review of street names and assignment of addresses and pay address fee. Contact Oscar Contreras at 503-718-2678 for the submission of the Autocad file. The address fee shall be assessed in accordance with the current Master Fee Schedule. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ON-SITE IMPROVEMENTS INCLUDING GRADING, EXCAVATION, AND/OR FILL ACTIVITIES: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the PLANNING DIVISION, ATTN: Agnes Lindor (503)718-2429 or AgnesL@tigard-or.gov. The cover letter shall clearly identify where in the submittal the required information is found: 2. Prior to commencing any site work, the project arborist shall perform a site inspection for tree protection measures, document compliance/non-compliance with the Urban Forestry Plan, and send written verification with a signature of approval directly to the project planner within one week of the site inspection. 3. Prior to commencing any site work, the applicant shall provide a fee to cover the city’s cost of collecting and processing the inventory data for the entire urban forestry plan (Urban Forestry Manual, Section 11, Part 3). This fee amount will be for 39 open grown trees and one stand. 4. Prior to commencing any site work, the applicant shall provide a tree establishment bond that meets the requirements of the Urban Forestry Manual, Section 11, Part 2. This bond amount will be for 39 open grown trees and one stand. 5. The project arborist shall perform semimonthly (twice monthly) site inspections for tree protection measures during periods of active site development and construction, document compliance/non-compliance with the Urban Forestry Plan, and send written verification with a signature of approval directly to the project planner within one week of the site inspection. TRILLIUM HILL PAGE 3 OF 33 NOTICE OF DECISION PLANNING COMMISSION The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KHOI LE, PRINCIPAL ENGINEER at (503) 718-2440 or Khoi@tigard-or.gov. The cover letter shall clearly identify where in the submittal the required information is found: 6. Improvements associated with public infrastructures including street and right-of-way dedication, utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions shall be designed in accordance with the following codes and standards:  City of Tigard Public Improvement Design Standards  Clean Water Services (CWS) Design and Construction Standards  Tigard Community Development Codes, Municipal Codes  Tualatin Valley Fire and Rescue (TVF&R) Fire Codes  Other applicable County, State, and Federal Codes and Standard Guidelines 7. Improvements associated with public infrastructures including street and right-of-way dedication, utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions are subject to the City Engineer’s review, modification, and approval. 8. Prior to commencing site improvements, a Public Facility Improvement (PFI) Permit is required for this project to cover all infrastructure work including stormwater Water Quality and Quantity Facilities and any other work in the public right-of-way. Four (4) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. An Engineering cost estimate of improvements associated with public infrastructures including but not limited to street, street grading, utilities, stormwater quality and water quantity facilities, sanitary sewer, streetlights, and franchise utilities shall be required at the time of PFI Permit submittal. When the water system is under the City of Tigard jurisdiction, an Engineering cost estimate of water improvement shall be listed as a separate line item from the total cost estimate. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. PFI Permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City’s web page (www.tigard-or.gov). 9. Prior to commencing site improvements, submit the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the “Permittee”, and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also, specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information will delay processing of project documents. 10. Prior to commencing site improvements, provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided onsite. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles includes vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the development. 11. Prior to commencing site improvements, provide a photometric analysis for review and approval. New LED streetlights are required based on the photometric analysis; the applicant shall submit plans showing the location of streetlights and type and color of poles and light fixtures for review and approval. TRILLIUM HILL PAGE 4 OF 33 NOTICE OF DECISION PLANNING COMMISSION 12. Prior to commencing site improvements, submit plans showing the following items for review and approval: SW 109th Avenue shall include and shall be shown to have:  30-foot from centerline right-of-way dedication  18-foot from centerline asphalt concrete pavement including 6-foot bike lane meeting City of Tigard Neighborhood Route cross section  Curb and gutter  5-foot planter  5-foot concrete sidewalk  8-foot Public Utility Easement  Driveway approach  Street trees in the planter strip spaced per TDC requirements  Streetlights as recommended from the approved photometric analysis  Storm drainage improvement meeting CWS Design and Construction Standards  Underground utilities  Street signs, names and traffic control devices meeting the Manual of Uniform Traffic Control Devices (MUTCD) and the City of Tigard Standards  Street profile and center line radius meeting the City of Tigard Standards  Intersection radii meeting the City of Tigard Standards  Intersection curb ramp meeting the Public Right-of-way Accessibility Guidelines (PROWAG)  Pavement taper meeting the City of Tigard Standards  Street striping meeting MTUCD, ODOT and the City of Tigard Standards SW Marion Drive shall include and shall be shown to have:  54-foot right-of-way dedication  32-foot from centerline asphalt concrete pavement meeting City of Tigard Local Street cross section  Curb and gutter  5-foot planter on both sides of the street  5-foot sidewalk on both sides of the street  Street trees in the planter strip spaced per TDC requirements  Streetlights as recommended from the approved photometric analysis  Residential driveway approaches  Storm drainage improvement meeting CWS Design and Construction Standards  Underground utilities  Curb radii meeting the City of Tigard Standards  Street signs, names and traffic control devices meeting the MUTCD and the City of Tigard Standards  Street profile and center line radius meeting the City of Tigard Standards Private Street (Tierra Terrace) shall include and shall be shown to have:  26-foot asphalt concrete pavement  5-foot sidewalk on both sides of the street  Streetlights as recommended from the approved photometric analysis TRILLIUM HILL PAGE 5 OF 33 NOTICE OF DECISION PLANNING COMMISSION  Storm drainage improvement meeting CWS Design and Construction Standards  Underground utilities  Street signs, names  Street profile and turnout meeting the City of Tigard Standards and TVF&R 13. Prior to commencing site improvements, mailbox locations shall be submitted for review and approval. 14. Prior to commencing site improvements, submit site plans and a final storm drainage report as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained for review and approval. The storm drainage report shall be prepared and include a maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Standards. 15. Prior to commencing site improvements, obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI Permit. Plans shall be submitted to the City of Tigard for review. The city will forward the plans to CWS after preliminary review. 16. Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. 17. Prior to commencing site improvements, submit site plans as part of the PFI Permit showing all proposed and/or extensions of public water lines, hydrants and water services to be designed in accordance with the City of Tigard Standards to Engineering for review and approval. 18. Prior to commencing site improvements, provide written approval from TVF&R for fire flow, hydrant placement, and emergency vehicular access and turn around. 19. Prior to commencing site improvements, provide as part of the PFI Permit an erosion control plan. The plan shall conform to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual” (current edition). 20. Prior to commencing site improvements, submit a final grading plan showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Division. 21. The design engineer shall indicate, on the grading plan, which lots will have natural slopes between 10 percent and 20 percent, as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. 22. Prior to commencing site improvements, submit Autocad file of the construction plan to the City for GIS purposes. 23. Prior to commencing site improvements, pay a fee in lieu of undergrounding the existing overhead utilities located across the right-of-way along the development frontage on SW 109th Avenue. The fee in lieu shall be one-half of the total fee as calculated in accordance to the City of Tigard July 1, 2018 Fees and Charges Schedule. THE FOLLOWING CONDITIONS SHALL BE SATISFIED TRILLIUM HILL PAGE 6 OF 33 NOTICE OF DECISION PLANNING COMMISSION PRIOR TO FINAL PLAT APPROVAL: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KHOI LE, PRINCIPAL ENGINEER at (503) 718-2440 or Khoi@tigard-or.gov. The cover letter shall clearly identify where in the submittal the required information is found: 24. Prior to final plat approval, all improvements associated with public infrastructures including but not limited to street improvement under the City of Tigard jurisdiction shall be constructed, completed and/or satisfied. The applicant shall obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. 25. Prior to final plat approval, all public utility facilities including but not limited to storm drainage, water quality and quantity, sanitary sewer, water, gas, electrical, communication, and wireless shall be completed. Public storm water quality and quantity facilities shall be provided with three years of maintenance. 26. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 27. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. 28. Final plat will include signature lines for the City Engineer and Community Development Director. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant’s surveyor. 29. After the City and County have reviewed the final plat, submit one copy of the final plat for City Engineer and Community Development Director signatures. 30. Submit a check in the amount of the current final plat review fee (Contact Planner on Duty, at 503-718-2421). 31. Prior to final plat approval, submit the Final Sight Distance Certification indicating that sight distances are adequately provided at the intersection of SW Lady Marion Drive and SW 109th Avenue. 32. Prior to final plat approval, provide Autocad files of the as-built drawings IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.830.070 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the applicant shall:  Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and  Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. TRILLIUM HILL PAGE 7 OF 33 NOTICE OF DECISION PLANNING COMMISSION  The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.830.080 Bond: As required by Section 18.830.070, the applicant shall file with the agreement an assurance of performance supported by one of the following:  An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon;  A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or  Cash. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.830.090 Filing and Recording: Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. Final Plat Application Submission Requirements: Three copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set:  All centerline-centerline intersection points;  All cul-de-sac center points; and  Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.910.120 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 TRILLIUM HILL PAGE 8 OF 33 NOTICE OF DECISION PLANNING COMMISSION 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. 18.910.130 Cash or Bond Required All improvements installed by the Developer shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City Council. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.830.080. 18.910.150 Installation Prerequisite No public improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.910.180 Notice to City Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.910.200 Engineer's Certification Required The developer’s engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL MUST BE IMPLEMENTED WITHIN 18 MONTHS FROM THE EFFECTIVE DATE OF THE DECISION. SECTION III. BACKGROUND INFORMATION Site and Vicinity Information The 3.29-acre site is made up of two tax lots (WCTM 2S110DA, Tax Lots 300, and 400), located north of SW Kable Street, east of SW 109th Avenue, and west of SW 107th Terrace at the terminus of SW Lady Marion Place. Proposed lots will range in size from 7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion Drive west to provide a connection to SW 109th Avenue and create a new private street (Tierra Terrace), which connects to SW Lady Marion Drive. The site is zoned Low-Density Residential (R-3.5) as are adjacent properties to the south and east. Adjacent properties to the north and west are zoned Medium-Density Residential (R-12). The proposal includes a zone change from R-3.5 to R-4.5. Property History A pre-application conference was held in 2009 (PRE2009-00020) for a 13-lot subdivision. No other records were found. SECTION IV. PUBLIC COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made. Staff mailed Notices of Public Hearing regarding this zone change and subdivision to affected parties on June 21, 2018. The city received five public comments. Ms. Kristen Larsen sent an email on July 3, 2018, stating that she did not receive the mailed notice and had concerns about water runoff, connecting sidewalks, and tree removal. Ms. Lynn Walker sent an email on July 4, 2018 and submitted a written letter on July 5, 2018, stating concerns about traffic, stability of the adjacent hillside, and traffic signage for safety. Mr. and Mrs. Allan and Patricia Rumbaugh, Mr. and Mrs. Ross, and Debbie TRILLIUM HILL PAGE 9 OF 33 NOTICE OF DECISION PLANNING COMMISSION Rieke expressed concerns about the street design related to connectivity and general impacts of the rezone on existing neighborhoods. No other public comments were received at the time this staff report was written. Planning Commission held a public hearing on July 16, 2018 and public testimony was received from the following individuals:  Dorothy Gadas  Allan Rumbaugh  Lynn Walker  Kayla Carruth  Bill Anderson No one spoke in favor of the project. Five residents spoke in opposition to the project. Most of the concerns were related to the extension of SW Lady Marion to SW 109th Avenue. Other concerns included tree removal, erosion of the hillside, speeding traffic, lack of police enforcement and pedestrian safety. These concerns are also described in the submitted written comments. The Planning Commission was presented copies of all written comments and heard all oral testimony before rendering its decision. In response to public comments and Planning Commission feedback, the applicant addressed the concerns expressed. After deliberation, the Planning Commission found that the project meets all relevant approval criteria pertaining to the topics raised by the public. The full text of all comments can be found in the project file and Planning Commission minutes of July 16, 2018. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA The following summarizes the review criteria applicable to this decision, in the order in which they are addressed: Applicable Land Use Applications 18.795 Map and Text Amendments 18.830 Subdivisions Applicable Review Criteria 18.110 Residential Zones 18.310 Off-Street Parking and Loading 18.320 Landscaping and Screening 18.520 Urban Forestry Plan 18.910 Street and Utility Improvement Standards 18.920 Access, Egress and Circulation 18.930 Vision Clearance Areas SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.795 Map and Text Amendments 18.795.030 Quasi-Judicial Amendments A. Approval process. 1. Quasi-judicial zoning map amendments that do not require a comprehensive plan map amendment shall be processed through a Type III-PC procedure, as provided in Section 18.710.070. TRILLIUM HILL PAGE 10 OF 33 NOTICE OF DECISION PLANNING COMMISSION 2. Quasi-judicial comprehensive plan map amendments shall be processed through a Type III- Modified procedure, as provided in Section 18.710.080, which shall be decided by the city council with a recommendation by planning commission. 3. Quasi-judicial zoning map amendments that require a comprehensive map plan amendment shall be processed through a Type III-Modified procedure, as provided in Section 18.710.080, which shall be decided by the city council with a recommendation by planning commission. The applicant is requesting a concurrent review for a zone change and subdivision approval. The proposal includes a zone change from R-3.5 to R-4.5, which does not require a comprehensive plan amendment. The comprehensive plan designation will remain the same, Low Density Residential. Therefore, the Type III-PC procedure applies. B. Approval criteria. A recommendation or decision for a quasi-judicial zoning map amendment or quasi-judicial comprehensive plan amendment shall be based on the following: 1. Demonstration of compliance with all applicable comprehensive plan policies and map designations; and The applicant is proposing a zone change from R-3.5 to R-4.5. Both zones are within the low-density residential comprehensive plan designation, therefore, the property will continue to comply with the applicable comprehensive plan policies and the existing comprehensive plan map designation. This criterion is met. 2. Demonstration that adequate public services exist to serve the property at the intensity of proposed zoning. Factors to consider include the projected service demands of the property, the ability of the existing and proposed public services to accommodate the future use, and the characteristics of the property and development proposal, if any. The proposed development will result in increased demand on public facilities, however, with the proposed localized improvements to water, sanitary sewer, and storm drainage systems, street improvements and payment of System Development Charges (SDCs), the site will be adequately served by public facilities. The proposal includes extending a new water line from an existing line in SW Lady Marion Drive to connect to SW 109th Drive and installation of required fire hydrants as determined by TVF&R. Sanitary sewer will also be extended from existing lines in SW 109th Ave and SW Lady Marion Drive. Stormwater will be collected via storm pipes and catch basins within the new public and private streets. The stormwater will be conveyed to a stormwater facility (Tract B) before discharging into the city’s system. Other utilities will be provided to the site through underground lines at the time of building construction. The development will extend SW Lady Marion Drive to the west to connect to SW 109th Avenue, providing curb, gutter, sidewalk and planter strip. As described above, through the proposed improvements to the public systems and payment of SDCs, the development will be adequately serviced by public services. FINDING: Based on the analysis above, all of the applicable map and text amendments criteria have been fully met. 18.830 Subdivisions 18.830.020 General Provisions C. Future re-division. When subdividing land into large lots, the approval authority shall require the lots be of such size and shape as to facilitate future re-division in compliance with the requirements of the applicable base zone and this title. The proposed large lots will not preclude the extension of streets and utilities for future re-division. 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. TRILLIUM HILL PAGE 11 OF 33 NOTICE OF DECISION PLANNING COMMISSION As proposed, the lots meet the minimum lot size requirement for the R-4.5 zone. The proposed lots are not large enough to provide for future re-division. This standard does not apply. 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 The minimum lot size for the R-4.5 zone is 7,500 square feet. The applicant proposes to utilize lot averaging for this subdivision, with an average lot size of 7,645 square feet. Four (4) of the proposed lots (Lots 1, 6, 7, and 10) are below the minimum lot size requirement of 7,500 square feet, but are not less than 80 percent of the minimum. This standard is met. 18.830.040 Approval Criteria – Preliminary Plat A. Approval criteria. The approval authority shall approve or approve with conditions an application for a preliminary plat when all of the following are met: 1. The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations; The proposed preliminary plat complies or can be made to comply with the applicable zoning ordinance and other applicable ordinances and regulations, as demonstrated by the analysis contained within this report, and through the imposition of conditions of approval. All necessary conditions must be satisfied as part of the development and building process. This criterion is met. 2. In addition to the base zone regulations, the proposed lots shall meet the following: a. The depth of all lots shall not exceed 2.5 times the average width, unless the parcel is less than 2.5 times the minimum lot size of the applicable base zone; b. The side lines of lots shall be at right angles to the street upon which the lots front, unless impractical; and c. Each lot shall abut upon a public or private street, other than an alley, for a width of at least 25 feet. Lots for attached single-family dwelling units, shall abut upon a public or private street for a width at least 15 feet. The proposed lots meet the depth and width requirements, not exceeding the depth by 2.5 times the average width. The side lot lines are at right angles to the street and all lots exceed the 25-foot frontage requirement. This criterion is met. 3. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; According to the Washington County Surveyor’s Office, the proposed plat name, “Trillium Hill” has been reserved. Additionally, the applicant submitted a Subdivision Plat Naming form that was approved by the Washington County Surveyor’s Office on April 11, 2018. This criterion is met. 4. The streets and roads are laid out so as to conform to the plats of subdivisions and partitions already approved for adjoining property as to width, general direction and in all other respects unless the city determines it is in the public interest to modify the street or road pattern; and The proposed subdivision includes the extension of SW Lady Marion Drive, which will connect to SW 109th Avenue. A TRILLIUM HILL PAGE 12 OF 33 NOTICE OF DECISION PLANNING COMMISSION dedication will be provided along SW 109th Avenue and the street will be improved in compliance with city standards. All proposed streets will conform to the surrounding approved land divisions. This standard is met. 5. An explanation has been provided for all common improvements. The applicant’s narrative provides an explanation for all common improvements, as required. Specific details of the proposed improvements are discussed in detail under Chapter 18.910, Improvement Standards of this report. This criterion is met. FINDING: Based on the analysis above, all of the applicable subdivision standards have been fully met. 18.110 Residential Zones 18.110.030 Uses B. Use table. A list of permitted, restricted, conditional, and prohibited uses in residential zones is provided in Table 18.110.1. The proposed use is Household Living and is a permitted use in the R-4.5 zone. C. Housing types. A list of permitted, restricted, conditional, and prohibited housing types in residential zones is provided in Table 18.110.2. The proposed housing type is Single-Family Units, Detached and is a permitted housing type in the R-4.5 zone. 18.110.040 Densities B. Calculating minimum and maximum densities. The method for calculation of minimum and maximum densities is provided in Chapter 18.40, Measurements. The proposed subdivision is for fourteen lots. The gross site area is 143,506 square feet and after the required right-of- way dedication and private street (31,294 square feet), the net development area is 112,212 square feet. The site does not have any sensitive lands or lands dedicated for parks. The maximum density is fourteen lots (112,212 / 7,500 = 14.9) and the minimum density is eleven lots (14.9 x 0.8 = 11.9). Densities were calculated in compliance with Chapter 18.40. As proposed, the subdivision meets density requirements. This standard is met. 18.110.050 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards for the applicable base zone, except where the applicant has obtained variances or adjustments in compliance with Chapter 18.790, Variances and Adjustments; and 2. All other applicable standards and requirements contained in this title. B. Development standards. Development standards of residential zones are in Table 18.110.3. TABLE 18.110.3 Development Standards STANDARD R-4.5 Proposed Minimum Lot Size - Detached unit 7,500 sq. ft. 7,218 sq. ft. to 8,481 sq. ft. Minimum Lot Width - Detached unit 50 ft. 55 ft. to 90 ft. Minimum Setbacks - Front yard 20 ft. 20 ft. TRILLIUM HILL PAGE 13 OF 33 NOTICE OF DECISION PLANNING COMMISSION - Side facing street on corner & through lots - Side yard - Rear yard - Side or rear yard abutting more restrictive zoning district - Distance between property line and front of garage 15 ft. 5 ft. 15 ft. 20 ft. N/A 5 ft. 15 ft. 20 ft. Maximum Height 30 ft. 30 ft. Maximum Lot Coverage None N/A Minimum Landscape Requirement None N/A The minimum lot size for the R-4.5 zone is 7,500 square feet. The applicant proposes to utilize lot averaging for this subdivision, with an average lot size of 7,645 square feet. Four (4) of the proposed lots (Lots 1, 6, 7, and 10) are below the minimum lot size requirement of 7,500 square feet, but are not less than 80 percent of the minimum, which meets the provision outlined in TDC 18.930.020.D. The minimum lot width required for a detached unit in the R-4.5 zone is 50 feet. All proposed parcels exceed this requirement because the narrowest lot has an average lot width of approximately 55 feet, and the widest lot has an average lot width of approximately 90 feet. Compliance with the development standards for the R-4.5 zone will be confirmed during the building permit submittal process for all future development. These standards are met. 18.310 Off-Street Parking and Loading Requirements 18.310.030 General Provisions A. Vehicle parking plan requirements. A development permit shall not be issued or land use approval granted until plans are approved as provided by this title that demonstrate how off-street parking and loading requirements are met. The applicant is not proposing any development on the subject lots at this time. Accordingly, compliance with this standard will be confirmed during the building permit submittal process for all future development. This standard is met. 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 as the dwelling(s) it serves. The applicant is not proposing any development on the subject lots at this time. Accordingly, compliance with this standard will be confirmed during the building permit submittal process for all future development. This standard is met. 18.310.070 Off-Street Parking Requirements A. Off-street parking requirements. The ratios for providing minimum and maximum vehicle parking spaces are provided in Table 18.310.2. TDC Table 18.765.2 requires a minimum of one (1) parking space per dwelling unit. The applicant is not proposing any development on the subject lots at this time. Accordingly, compliance with this standard will be confirmed during the building permit submittal process for all future development. This standard is met. 18.320 Landscaping and Screening 18.320.030 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 TRILLIUM HILL PAGE 14 OF 33 NOTICE OF DECISION PLANNING COMMISSION landscaping and screening used to meet the requirements of this chapter according to applicable industry standards. 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 in compliance with 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 compliance with this chapter. 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 18.520, Urban Forestry and the Urban Forestry Manual shall apply to the land use applications in Section 18.520.020. 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 of this title and titles of the Tigard Municipal Code. (Ord. 12-09 §1) The accepted planting procedures are the guidelines described in the Tigard Urban Forestry Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines, as well as the standards set forth in the most recent edition of the American Institute of Architects’ Architectural Graphic Standards. In the Architectural Graphic Standards, there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. These standards are met, and will be further addressed in Section 18.520 Urban Forestry Plan of this administrative decision. 18.320.040 Street Trees A. Street trees shall be required as part of the approval process for the following land use applications: conditional use (Type III), downtown design review (Type II and III), minor land partition (Type II), planned development (Type III), site development review (Type II), and subdivision (Type II and III). 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 in compliance with the street tree planting standards in the Urban Forestry Manual. D. Street trees required by this section shall be provided adequate soil volumes in compliance with 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 6 feet from the right-of-way in compliance with 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 in compliance the street tree planting and soil volume standards in the Urban Forestry Manual if it were newly planted; and TRILLIUM HILL PAGE 15 OF 33 NOTICE OF DECISION PLANNING COMMISSION 3. The tree is shown as preserved in the tree preservation and removal site plan, tree canopy cover site plan, and supplemental report, as required by Section 18.520.030, 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 approval authority 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 3 years for each tree below the minimum required. The linear amount of street frontage adjacent to this site is 1,102 feet; therefore, the site is required to have a minimum of 28 street trees (1,102 feet divided by 40 feet, rounded to the nearest whole number). The applicant provided a tree canopy site plan that shows 39 new street trees will be planted at this site. Furthermore, the project arborist (Morgan Holen & Associates, LLC) submitted an Urban Forestry Plan Supplemental Report, which describes how the street trees will be maintained according to the Street Tree Planting Standards and Street Tree Soil Volume Standards that are outlined in the Urban Forestry Manual. These standards are met. 18.520 Urban Forestry 18.520.020 Applicability A. The requirements of this chapter apply to the following land use applications: 7. Subdivision (Type II). This application is for a Type III Zone Change and Type II Subdivision. Accordingly, the requirements of TDC 18.5200 Urban Forestry apply. 18.520.030 Urban Forestry Plan Requirements 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; An Urban Forestry Plan that was coordinated and approved by a certified arborist and tree risk assessor (the project arborist) has been submitted. This standard is met. 2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual; A tree preservation and removal site plan that meets the standards set forth in the Urban Forestry Manual has been submitted. This standard is met. 3. Meet the tree canopy site plan standards in the Urban Forestry Manual; and A tree canopy site plan that meets the standards set forth in the Urban Forestry Manual has been submitted. In addition, the project arborist has included a signature of approval and statement attesting that the tree canopy site plan meets all of the requirements in Section 10, Part 2 of the Urban Forestry Manual. This standard is met. 4. Meet the supplemental report standards in the Urban Forestry Manual. A supplemental report was prepared and submitted by the project arborist, Morgan Holen & Associates, LLC. This report includes the required inventory data for existing open grown trees, as outlined in Section 10, Part 3, Subsection D of the Urban Forestry Manual. The site is zoned R-4.5; accordingly, the minimum required effective tree canopy for the entire TRILLIUM HILL PAGE 16 OF 33 NOTICE OF DECISION PLANNING COMMISSION site is 40 percent, and 15 percent per lot (Section 10, Part 3, Subsections N and O of the Urban Forestry Manual). Through the supplemental report, the project arborist demonstrates how the effective tree canopy for the entire site is 40.4 percent, and over 15 percent for each lot. This standard is met. 18.520.060 Urban Forestry Plan Implementation C. Tree establishment. The establishment of all trees shown to be planted in the tree canopy site plan and supplemental report of a previously approved urban forestry plan shall be guaranteed and required according to the tree establishment requirements in the Urban Forestry Manual. The applicant’s Urban Forestry Plan does not address tree establishment. Therefore, a condition of approval is added for the applicant to provide a tree establishment bond that meets the requirements of the Urban Forestry Manual Section 11, Part 2. This standard will be met through conditions of approval. D. Urban forest inventory. Spatial and species specific data shall be collected according to the urban forestry inventory requirements in the Urban Forestry Manual for each open grown tree and area of stand grown trees in the tree canopy site plan and supplemental report of a previously approved urban forestry plan. Section 11, Part 3, Subsection B of the Urban Forestry Manual states that prior to any ground disturbance work, the applicant shall provide a fee to cover the city’s cost of collecting and processing the inventory data for the entire Urban Forestry Plan. Therefore, a condition of approval is added to address this requirement. This standard will be met through conditions of approval. 18.910 Street and Utility Improvement Standards 18.910.030 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 chapter 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. The development is a 14-lot subdivision adjacent to SW 109th Avenue and SW Lady Marion Drive. SW 109th Avenue is a Neighborhood Route and SW Lady Marion Drive is a Local Street. They are both existing public streets. The site plans show that the rights-of-ways of both SW 109th Avenue and SW Lady Marion Drive meet the City of Tigard Neighborhood Route and Local Street cross sections at 60 feet and 54 feet respectively. A right-of-way dedication of 10 feet is proposed along the development frontage on SW 109th Avenue and a full 54-foot right-of-way dedication is proposed for the street extension through the site connecting existing SW Lady Marion Drive to SW 109th Avenue. The site plans also show that all the streets adjacent to the development will be improved. The improvement will include full street construction on SW Lady Marion Drive and half-street improvements on SW 109th Avenue. All the streets are shown to have two-way travel lanes, curb and gutter, five-foot sidewalk and five-foot planter. Bike lane will be provided TRILLIUM HILL PAGE 17 OF 33 NOTICE OF DECISION PLANNING COMMISSION on SW 109th Avenue and on street parking will be provided on both sides of the street on SW Lady Marion Drive. These criterion are met. 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. The applicant’s narrative and site plans indicate that the street improvements will be provided. The applicant does not propose to pay a fee in lieu for street improvements. This criterion is met. B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be created through the approval of a final plat; 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 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 1 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 partitions. c. The street is located within the mixed use central business district (MU-CBD) zone and has been identified on Figures 5-14A through 5-14I of the City of Tigard 2035 Transportation System Plan as a required connectivity improvement. 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 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 TRILLIUM HILL PAGE 18 OF 33 NOTICE OF DECISION PLANNING COMMISSION 3. All deeds of dedication shall be in a form prescribed by the city and shall name “the public” as grantee. The existing right-of-way on SW 109th Avenue is less than the current required right-of-way. The applicant proposes to dedicate 30 feet right-of-way from centerline along the development frontage on SW 109th Avenue to provide a full street for two-way travel lanes and pedestrian connection. Bike lanes will also be provided. A full 54-foot right-of-way dedication will be provided for the street extension connecting existing SW Lady Marion Drive to SW 109th Avenue. Dedication of right-of-way will be recorded through subdivision plat approval. These criterion are met. 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 compliance with Subsection 18.910.030.N; and The proposed development is adjacent to SW 109th Avenue and SW Lady Marion Drive. They are existing streets and the grades of the streets will remain unchanged. This criterion is met. 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. All the existing streets are shown on the plan. This criterion is met. 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 or within the Tigard Downtown Plan District, 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 provided in Table 18.910.1. The narrative and site plans indicate that the proposed development is going to construct street improvements along all the adjacent streets. The streets will be improved to accommodate two-way travel lanes and pedestrian connections. Street trees and streetlights will also be provided. Bike lanes and on-street parking will be provided on SW 109th Avenue and SW Lady Marion Drive respectively. Additionally, the applicant will also provide storm drainage system associated with all street improvements. This criterion is met. F. Future street plan and extension of streets. TRILLIUM HILL PAGE 19 OF 33 NOTICE OF DECISION PLANNING COMMISSION 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. No future street plan is proposed or deemed necessary. 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. The proposed development is not adjacent to within 530 feet of a bus route. This criterion does not apply. 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 a. These extended streets or street stubs to adjoining properties are not considered to be cul-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. No street extension, cul-de-sac, or turnout is proposed and deemed necessary. This criterion does not apply. 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 percent 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. TRILLIUM HILL PAGE 20 OF 33 NOTICE OF DECISION PLANNING COMMISSION Street connection will be provided with the proposed development. The site plans and narrative indicate that SW Lady Marion Drive will extend through the site to connect to SW 109th Avenue. These criterion are met. 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: SW Lady Marion Drive will intersects SW 109th Avenue at a right angle. This criterion is met. 1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; At least 25 feet of tangent adjacent to the right-of-way intersection between SW Lady Marion Drive and SW 109th Avenue will be provided. This criterion is met. 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 The intersection between SW Lady Marion Drive and SW 109th Avenue will be at a right angle. This criterion is met. 3. Right-of-way lines at intersection with arterial streets shall have a corner radius of not less than 20 feet. The development is not adjacent to arterial streets. This standard is not applicable. 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. The applicant proposes to dedicate 30 feet from centerline on SW 109th Avenue and a full 54 feet rights of way dedication and SW Lady Marion Drive. This criterion is met. 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. No partial improvement is proposed. This criterion does not apply. 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. New public street names are not proposed, however a private street is proposed. A name for the private street will be Tierra Terrace, which has been approved. This criterion is met. N. Grades and Curves. TRILLIUM HILL PAGE 21 OF 33 NOTICE OF DECISION PLANNING COMMISSION 1. Grades shall not exceed 10 percent on arterials, 12 percent on collector streets, or 12 percent on any other street (except that local or residential access streets may have segments with grades up to 15 percent for distances of no greater than 250 feet); and 2. Centerline radii of curves shall be as determined by the city engineer. The proposed development is adjacent to SW 109th Avenue and SW Lady Marion Drive. They are existing streets and the grades of the streets will remain unchanged. This criterion is met. O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in compliance with standards specified in this chapter and Section 15.04, Work in the Right-of-Way, 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. Curbs, curb cuts, and driveway approaches are shown on the submitted site plans. This criterion is met. 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. All boundary, internal monuments, and street monuments shall be established, reestablished and protected in accordance with the City’s and County’s requirements and standards. This criterion is met. T. Private streets. 1. Design standards for private streets shall be established by the city engineer; and 2. The city shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than 6 dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. A private street is proposed. The private street (Tierra Terrace) is shown to have 26-foot pavement and five-foot sidewalk on both sides of the street. The 26-feet of paved width will provide for parking on one side. Additionally, it is configured with a hammer head turnout. The turnout must be reviewed and approved by TVF&R. This criterion is met. V. Street signs. The city shall install all street signs, relative to traffic control and street names, as specified by the city engineer for any development. The cost of signs shall be the responsibility of the developer. Prior to commencing of site improvements, the applicants shall submit site plans showing location of street signs, names, and traffic control devices to Engineering for review and approval. Prior to final plat approval, all street signs, street names, and traffic control devices shall be constructed, completed, and/or satisfied by the Applicant. This criterion is met. W. Mailboxes. Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least 2 dwelling units. 1. Joint mailbox structures shall be placed adjacent to roadway curbs; TRILLIUM HILL PAGE 22 OF 33 NOTICE OF DECISION PLANNING COMMISSION 2. Proposed locations of joint mailboxes shall be designated on the preliminary plat or development plan, and shall be approved by the city engineer/U.S. post office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the city engineer/U.S. post office prior to final approval. Mailboxes are not shown on the site plans. Prior to commencing site improvements, mailbox locations shall be submitted for review and approval. This criterion is met. Y. Street light standards. Street lights shall be installed in compliance with regulations adopted by the city’s direction. Prior to commencing of site improvements, the applicant shall provide Engineering Division a photometric analysis of the proposed development frontages for review and approval. Photometric analysis will follow the recommended values and requirements per ANSI/IESNA. New streetlights are required based on the photometric analysis. The applicant shall submit a plan showing the location of streetlights and type and color of pole and light fixture shall for review and approval. This criterion is met through conditions of approval. Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required. Prior to commencing of site improvements, the applicants shall submit site plans showing location of street signs, street names, and traffic control devices to Engineering for review and approval. Prior to final plat approval, all street signs, street names, and traffic control devices shall be constructed, completed, and/or satisfied by the applicant. This criterion is met through conditions of approval. AA. Street cross-sections. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within 1 year of the conditional acceptance of the roadway unless otherwise approved by the city engineer. The final lift shall also be placed no later than when 90 percent of the structures in the new development are completed or 3 years from the commencement of initial construction of the development, whichever is less. 1. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphaltic concrete; 3. The final lift shall be placed on all new construction roadways prior to city final acceptance of the roadway; however, not before 90 percent of the structures in the new development are completed unless 3 years have elapsed since initiation of construction in the development; 4. The final lift shall be Class C asphaltic concrete as defined by A.P.W.A. standard specifications; and 5. No lift shall be less than 1.5 inches in thickness. The applicant’s site plans called out the structural cross sections of the streets and they meet the City of Tigard standard cross sections. This criterion is met. 18.910.040 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. TRILLIUM HILL PAGE 23 OF 33 NOTICE OF DECISION PLANNING COMMISSION 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 Paragraph 18.910.040.B.1. 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. The applicant proposes to extend SW Lady Marion Drive to connect to SW 109th Avenue, which will complete the block. The block does not exceed 2,000 feet. This standard is met. 18.910.050 Easements A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development is traversed by a watercourse or drainageway, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of the watercourse. B. Utility easements. A property owner proposing a development shall make arrangements with the city, the applicable district, and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city’s standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or city engineer. The proposed development is not traversed by a watercourse or drainage way. The site plans show that an eight-foot Public Utility Easement along all rights of way for the placement of franchise utilities. This criterion is met. 18.910.070 Sidewalks A. Sidewalks. All public and private streets adjacent to industrially zoned properties shall have sidewalks meeting city standards along at least 1 side of the street. All other public and private 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. No industrial street is proposed or deemed necessary. A five-foot concrete sidewalk is proposed along all the public and private streets adjacent to the development. This criterion is met. 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 0.50 miles 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). TRILLIUM HILL PAGE 24 OF 33 NOTICE OF DECISION PLANNING COMMISSION The proposed development does not generate an additional 1,000 vehicle trips or more per day and there is not a sidewalk gap within 300 feet of the development. These criteria do not apply. C. Planter strip requirements. A planter strip separation of at least 5 feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions 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) or where the standards in Table 18.910.1 specify otherwise. 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. The site plans indicate that a five-foot planter will be provided along all public streets adjacent to the development meeting the standards. This criterion is met. D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. The narrative indicates that it is the adjacent property owner’s obligation to continue maintaining the adjacent sidewalks, curbs and planter strips. This criterion is met. E. Application for permit and inspection. Separate street opening permits are required for sidewalk segments that are not part of a current subdivision approval: 1. An occupancy permit shall not be issued for a development until the provisions of this section are satisfied. 2. The city engineer may issue a permit and certificate allowing temporary noncompliance with the provisions of this section to the owner, builder or contractor when, in his or her opinion, the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time; b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk; c. Street right-of-way is insufficient to accommodate a sidewalk on 1 or both sides of the street; or d. Topography or elevation of the sidewalk base area makes construction of a sidewalk impractical or economically infeasible. 3. The city engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. Prior to commencing of site improvements, the applicant shall submit site plans as part of the PFI Permit showing the location of sidewalk to Engineering for review and approval. Prior to Final Plat Approval, the sidewalk shall be constructed, completed, and/or satisfied. Sidewalk in the public right-of-way or proposed public right-of-way will be inspected and approved by the City of Tigard Engineering Division. This criterion is met through conditions of approval. 18.910.090 Sanitary Sewers TRILLIUM HILL PAGE 25 OF 33 NOTICE OF DECISION PLANNING COMMISSION A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in compliance with Clean Water Services requirements and 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 approval authority 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. The Applicant’s narrative and site plans indicate that all the lots in the proposed development will be serviced and connected to public sanitary sewer systems via service laterals. All the services will be served off the proposed eight-inch sanitary sewer systems on SW Lady Marion Drive and the private street (Tierra Terrace). The proposed system is shown connecting to the existing public sanitary sewer system on SW 109th Avenue. Additionally, a public sanitary sewer extension to the north edge of the development on SW 109th Avenue for future connection is proposed. Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. Prior to Final Plat Approval, the proposed public sanitary sewer system and associated facilities shall be constructed, completed, and/or satisfied. No over-sizing of sanitary sewer is proposed or deemed necessary. This criterion is met through conditions of approval. 18.910.100 Storm Drainage A. General provisions. The director and city engineer shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; The site plans show that new public storm drainage systems are proposed on SW Lady Marion Drive and the private street (Tierra Terrace). Both new and existing public sanitary sewer systems and storm drainage systems are separate and independent from one another. This criterion is met. 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and The site plans indicate that a public drainage system including manholes, inlets, and a 12-inch main are proposed in SW Lady Marion Drive and the private street (Tierra Terrace). A water quality/detention facility is also proposed and located on its own tract on the southwest cornner of the development with access from SW 109th Avenue. Street run-off will be collected and detained in the water quality/detention facility prior to releasing to the existing system located in SW 109th Avenue. Surface water shall not be carried across the intersection and allowed to flood the streets and adjacent properties. Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing how run-off generated by the development will be collected, conveyed, treated, and detained for review and approval. The design of storm TRILLIUM HILL PAGE 26 OF 33 NOTICE OF DECISION PLANNING COMMISSION drainage improvement shall be in accordance with CWS Design and Construction Standards. This criterion is met through conditions of approval. 3. Surface water drainage patterns shall be shown on every development proposal plan. A grading plan was submitted showing contours associated with the proposed street and lots. The applicant’s site plans also include the proposed storm system and location of the catch basins and the water quality/detention indicating how surface water drainage patterns will be after development. This criterion is met. B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater 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. The site is not traversed by a watercourse, drainageway, channel or stream. The site plans show that a tract (Tract B) is proposed for storm water quality and detention and will be dedicated to the City of Tigard. This criterion does not apply. 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 Clean Water Services requirements. There is no upstream basin that flows across the subject site. This criterion does not apply. 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 compliance with Clean Water Services requirements. A preliminary storm drainage report was submitted as part of the land use submittal. Prior to commencing site improvements, submit a final storm drainage report as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained to Engineering Division for review and approval. The storm drainage report shall be prepared and include a maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Design Guidelines. Prior to commencing of site improvements, submit site plans as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained to for review and approval. Prior to Final Plat Approval, all public stormwater drainage system, including water quality and detention facilities shall be constructed, completed, and/or satisfied. This criterion is met through conditions of approval. 18.910.110 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 unless specified in Table 18.910.1. TRILLIUM HILL PAGE 27 OF 33 NOTICE OF DECISION PLANNING COMMISSION 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 chapter and on the adopted bicycle plan. The proposed development is adjacent to SW 109th Avenue, a designated bicycle route. Bike lanes re proposed along SW 109th Avenue. This criterion is met. 18.910.120 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. The applicant’s narrative and site plans indicates that all new utilities including storm, sanitary, water, and dry utilities are going to be placed underground. This criterion is met. 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 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. The applicant’s narrative states that show all proposed storm, sanitary, and water as well as associated services and facilities will be placed underground. This criterion is met. C. Exception to undergrounding 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. TRILLIUM HILL PAGE 28 OF 33 NOTICE OF DECISION PLANNING COMMISSION 3. Properties within the MU-CBD zone shall be exempt from the requirements for undergrounding of utility lines and from the fee in-lieu of undergrounding. 4. The exceptions in Paragraphs 18.910.120.C.1–3 shall apply only to existing utility lines. All new utility lines shall be placed underground. There are existing overhead utilities located across the right-of-way along the development frontage on SW 109th Avenue. The applicant shall pay a fee in lieu. This criterion is met through conditions of approval. 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 chapter. 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. Prior to commencing site improvements, pay a fee in lieu of undergrounding the existing overhead utilities located across the right-of-way along the development frontage on SW 109th Avenue. The fee in lieu shall be one-half of the total fee as calculated in accordance to the City of Tigard July 1, 2018 Fees and Charges Schedule. This criterion is met through conditions of approval. 18.920 Access, Egress and Circulation 18.920.020 Applicability A. Applicability. 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 that increases the on-site parking or loading requirements or changes the access requirements. This application is for a 14-lot subdivision, which is considered development. Accordingly, the provisions of Chapter 18.920, Access, Egress and Circulation apply. 18.920.030 General Provisions B. Access plan requirements. No land use approval or development permit shall be approved or issued until plans are approved, as provided by this chapter that demonstrate how access, egress, and circulation requirements are to be met. The applicant has submitted scaled plans that show how access, egress and circulation requirements are to be fulfilled, in compliance with the standards outlined in this chapter. This provision is met. TRILLIUM HILL PAGE 29 OF 33 NOTICE OF DECISION PLANNING COMMISSION D. Public street access. All vehicular access and egress as required in Subsections 18.920.030.H, I and J 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. As demonstrated on the applicant’s submitted plans, all proposed lots will connect directly with the extension of SW Lady Marion Drive, SW 109th Avenue or the proposed private street (Tierra Terrace). All access shall be maintained at the required standards on a continuous basis. This standard is met. H. Access Management. 1. An access report shall be submitted with all new development that 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). The proposed development is a 14-lot subdivision adjacent to SW 109th Avenue and SW Lady Marion Drive. A Traffic Impact Study is not required. However; a preliminary sight distance certification prepared by Pioneer Design Group, Inc. dated March 14, 2018 was submitted as part of the land use application. The certification indicated that there are 312 feet and 372 feet of sight distances available to both north and south directions respectively at the intersection of SW Lady Marion Drive and SW 109th Avenue. The required sight distances were calculated at 250 feet. Prior to final plat approval, the applicant shall submit to the Engineering Division the Final Sight Distance Certification indicating that sight distances are adequately provided at the intersection of SW Lady Marion Drive and SW 109th Avenue. This criterion is met through conditions of approval. 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 development has less than 150 feet of street frontage, the applicant shall explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The development is not adjacent to a collector or arterial street. This standard does not apply. 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. The streets adjacent to the development are either a Neighborhood Route or a Local Street. The new intersection between SW Lady Marion Drive and SW 109th Avenue is located more than 125 feet to the nearest streets in either direction. This criterion is met. I. Minimum access requirements for residential uses. 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 18.920.1 and 18.920.2. Table 18.920.1 TRILLIUM HILL PAGE 30 OF 33 NOTICE OF DECISION PLANNING COMMISSION Vehicular Access/Egress Requirements: Residential Use (Six or fewer units) Number Dwelling Unit/Lots Minimum Number of Driveways Required Minimum Access Width Minimum Pavement Width 1 or 2 1 15′ 10′ 3-6 1 20′ 20′ All proposed lots meet the standard outlined above because each lot has more than 15 feet of frontage on all existing and proposed streets, as demonstrated on the applicant’s submitted plans. This standard is met. 18.930 Vision Clearance Areas 18.930.020 Applicability A. Applicability. 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 changes the access requirements. This application is for a 14-lot subdivision, which is considered development. Accordingly, the provisions of Chapter 18.930, Vision Clearance Areas apply. 18.930.030 Vision Clearance Requirements A. At corners. Except within the MU-CBD zone, a vision 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 3 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 8 feet are removed. The applicant’s narrative states that visual clearance areas will be maintained on the corners of all properties adjacent to the intersection of two streets, and driveways providing access to a public street. Additionally, the applicant is not proposing any development on the subject lots at this time. Accordingly, compliance with visual clearance requirements will be confirmed during the building permit submittal process for all future development. These standards are met. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Tracts and Tract Recordation: Tract B is a stormwater tract for the purposes of water quality and detention. Tract B will be owned and maintained by the City. Tract A is for the private street (Tierra Terrace) and Tract C is for retaining walls. Tracts A and C will be owned and maintained by the Homeowners Association (HOA). All tracts shall be recorded on separate documents per the Washington County Surveyor Office. Fire and Life Safety: Emergency vehicle turn around, location of fire hydrants, and fire flow must be reviewed and approved by TVF&R prior to commencement site improvements. Public Water System: TRILLIUM HILL PAGE 31 OF 33 NOTICE OF DECISION PLANNING COMMISSION The existing public water mains surrounding the proposed development are under the City of Tigard jurisdiction. The site plans indicate that services will be provided to serve all the proposed lots either from the new eight-inch DI main on SW Lady Marion Drive. Water meters serving Lots 10 through 14 shall be located on SW Lady Marion Drive. An irrigation meter for the storm water quality and detention facility on Tract B is proposed off the existing water main on SW 109th Avenue. The water system is shown being a looped system. Prior to commencing site improvements, submit site plans as part of the PFI Permit showing all proposed and/or extensions of public water lines, hydrants and water services to be designed in accordance with the City of Tigard Standards to Engineering for review and approval. NOTE: An estimated 12 percent of the water system cost will be assessed prior to approval of the City of Tigard’s PFI Permit. Storm Water Quality/Detention: The City has agreed to enforce Surface Water Management regulations established by CWS Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to commencing site improvements, the applicant shall obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI Permit. Plans shall be submitted to the City of Tigard for review. The City will forward plans to CWS after preliminary review. Tract B shall be dedicated to the City at final plat. Grading and Erosion Control: Clean Water Services Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. In accordance with CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10 percent and 20 percent, as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. TRILLIUM HILL PAGE 32 OF 33 NOTICE OF DECISION PLANNING COMMISSION Address Assignments: The City of Tigard is responsible for the approval of new street names and assigning addresses for parcels within the City of Tigard. Submit an Autocad file of the preliminary plat for the review of street names and assignment of addresses. Contact Oscar Contreras at 503-718-2678 for the submission of the Autocad file. Prior to permit submittal, pay the addressing fee. The address fee shall be assessed in accordance with the current Master Fee Schedule. Survey Requirements: The applicant’s final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City’s global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by:  GPS tie networked to the City’s GPS survey.  By random traverse using conventional surveying methods. In addition, the applicant’s as-built drawings shall be tied to the GPS network. The applicant’s engineer shall provide the City with an Autocad electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). SECTION VII. OTHER STAFF COMMENTS The City of Tigard Police Department was sent a copy of the applicant’s proposal, and stated that address signage be posted at entrance of private street identifying house numbers located off private street. The City of Tigard Public Works Department was sent a copy of the applicant’s proposal, and stated that the irrigation for the stormwater quality facility must be buried. SECTION VIII. AGENCY COMMENTS Clean Water Services issued a Sensitive Area Pre-Screening Site Assessment (CWS file 17-004083) to determine sensitive areas potentially exist on the site or 200’ of the site and completion of a Sensitive Areas Certification Form is required. The agency also submitted written comments, dated June 12, 2018 requesting a condition of approval that requires the applicant to obtain Storm Water Connection Permit Authorization prior to final plat approval and recordation. This request has been incorporated into the Conditions of Approval. The City of Tigard and CWS have an intergovernmental agreement stating that the city will ensure implementation of CWS Design and Construction Standards; therefore, this subdivision approval is conditioned to satisfy CWS requirements. Comcast was sent a copy of the applicant’s proposal, and had no objections to it. Pride Disposal Company was sent a copy of the applicant’s proposal, and responded on June 5, 2018, stating that future residents of the subdivision will be responsible for placing their garbage totes curbside on collection day. Tualatin Valley Fire and Rescue was sent a copy of the applicant’s proposal, and responded on June 14, 2018. TVF&R endorsed the proposal, predicated on criteria and conditions of approval regarding Fire Apparatus Access, Firefighting Water Supplies, Fire Hydrants, and Building Access and Fire Service Features. A condition of approval has been added that requires the applicant to comply with all TVF&R standards. VICINITY MAP ZON2018-00002 SUB2018-00003 Trillium Hill Subject Site Approx. Scale 1:2,000 - 1 in = 167 ft Map printed at 06:42 AM on 03-Apr-18 Information on this map is for general location only and should be verified with the Development Services Division. DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN. THE CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 503 639-4171 www.tigard-or.gov Attachment 1 Attachment 2 ENGINEERING COMMENTS PAGE 1 MEMORANDUM CITY OF TIGARD, OREGON DATE: June 5, 2018 TO: Agnes Lindor, Associate Planner FROM: Khoi Le, Principal Engineer PROJECT: SUB2018-00003 TRILLIUM HILL SUBDIVISION 18.910.030 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. The development is a 14-lot Subdivision adjacent to SW 109th Ave and SW Lady Marion Drive. 109th Ave is a Neighborhood Route and Lady Marion Dr is a Local Street. They are both existing public streets in Tigard. The site plans show that the rights of way of both 109th Ave and Lady Marion are meeting the City of Tigard Neighborhood Route and Local Street cross sections at 60 feet and 54 feet respectively. A right of way dedication of 10 feet is proposed along the development frontage on 109th Ave and a full 54-foot right of way dedication is proposed for the street extension thru the site connecting existing Lady Marion Dr to 109th Ave. The site plans also show that all the streets adjacent to the development will be improved. The improvement will include full street construction on Lady Marion Dr, half-street construction on 109th Ave. All the streets are shown to have two-way travel lanes, curb and gutter, 5-foot sidewalk and 5-foot planter. Bike lane will be provided on 109th Ave and on street parking will be provided on both sides of the street on Lady Marion Dr. 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 condition exist: Attachment 3 ENGINEERING COMMENTS PAGE 2 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 motorist 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 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. The narrative and site plans indicate that the street improvements will be provided. The Applicant does not propose to pay a fee in lieu for street improvements. 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 condition. 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. c. The street is located within the downtown mixed use central business district and has been identified on Figure 5-14A through 5-14L of the City of Tigard 2035 Transportation System Plan as a required connectivity improvement. 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 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. Attachment 3 ENGINEERING COMMENTS PAGE 3 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 area 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. The existing right of way on 109th Ave is less than the current required right of way. The Applicant proposes to dedicate 30 feet right of way from centerline along the development frontage on 109th Ave to provide full streets for two-way travel lanes and pedestrian connections. Bike lane will also be provided. A full 54-foot right of way dedication will be provided for the street extension connecting existing Lady Marion Dr to 109th Ave. Dedication of right of way will be recorded via subdivision plat approval. C. Creation of access easement. The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can be created. 1. Access easements shall be provided and maintained in accordance with the Uniform Fire Code, Section 10.207. 2. Access shall be in accordance with 18.705.030.H and I. No access easement is proposed or deemed necessary. 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 purposed 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 of this section; and The proposed development is adjacent to 109th Ave and Lady Marion Dr. They are existing streets and the grades of the streets will remain unchanged. 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 pattern 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 Attachment 3 ENGINEERING COMMENTS PAGE 4 served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety. All the existing streets are shown on the plan. 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 or within the Downtown District, 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. The narrative and site plans indicate that the proposed development is going to construct street improvements along all the adjacent streets. The streets will be improved to accommodate two-way travel lanes and pedestrian connections. Street trees and streetlights will also be provided. Bike lane and on street parking will be provided on 109th Ave and Lady Marion Dr respectively. Additionally, the Applicant will also provide storm drainage system associated with all street improvements. 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 Attachment 3 ENGINEERING COMMENTS PAGE 5 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. No future street plan is proposed or deemed necessary. b. 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. The proposed development is not adjacent to within 530 feet of a bus route. 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 a. These extended streets or street stubs to adjoining properties are not considered to be cul-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. No street extension, cul-de-sac, or turnout is proposed and deemed necessary. G. Street spacing and access management. Refer to 18.920.030.H 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 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 Attachment 3 ENGINEERING COMMENTS PAGE 6 facilities, such as schools, shopping areas and parks. 4. All development shall provide an internal network of connecting streets that provide short, direct travel routes and minimize travel distances within the development. Street connection will be provided with the proposed development. The site plans and narrative indicate that Lady Marion Dr extends through the site to connect to 109th Ave. I. Intersection angles. Street shall be laid out so as to intersect at an angle as near to a right angle as practical, 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: Lady Marion Dr will intersects 109th Ave at a right angle. 1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; At least 25 feet of tangent adjacent to the right of way intersection between Lady Marion Dr and 109th Ave will be provided. 2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the right of way line of the acute angles; The intersection between Lady Marion Dr and 109th Ave will be at a right angle. 3. Right-of-way lines intersection with arterial streets shall have a corner radius of not less than 20 feet. No street adjacent to the development is an Arterial St. This standard is not applicable. J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract are less than standard width, additional rights-of-way shall be provided at the time of subdivision or development. The Applicant proposes to dedicate 30 feet from centerline and a full 54 feet rights of way dedication on 109th Ave and Lady Marion Dr respectively. 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 adjoining property developed. No partial improvement is proposed. L. Cul-de-sac No cul-de-sac is proposed or deemed necessary. Attachment 3 ENGINEERING COMMENTS PAGE 7 M. Street name. 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. No new public street name is proposed however a private street is proposed. A name for the private street will be submitted to the City for review and approval. 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. The proposed development is adjacent to 109th Ave and Lady Marion Dr. They are existing streets and the grades of the streets will remain unchanged. 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. Curbs, curb cuts, and driveway approaches are shown on the submitted site plans. P. Street adjacent to railroad right-of-way. The proposed site is not adjacent to a railroad right-of-way. This standard is not applicable. Q. Access to arterials and collectors. Where a development abuts or is traversed by an existing or proposed arterial or collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: 1. A parallel access street along the arterial or collector; 2. Lots of suitable depth abutting the arterial or collector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or collector; or 4. Other treatment suitable to meet the objectives of this subsection; 5. If a lot has access to two streets with different classifications, primary access Attachment 3 ENGINEERING COMMENTS PAGE 8 should be from the lower classification street. The proposed development is not adjacent to a Collector Street or an Arterial Street. R. Alleys, public or private. The site does not propose any alleys, public or private. 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. All boundary, internal monuments, and street monuments shall be established, reestablished and protected in accordance with the City’s and County’s requirements and standards. T. Private streets. 1. Design standards for private streets shall be established by the city engineer; and 2. The city shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. A private street is proposed. The private street is shown to have 26-foot pavement and 5- foot sidewalk on both sides of the street. The 26-feet of paved width will provide for parking on one side. Additionally, it is configured with hammer head turnout. The turnout must be reviewed and approved by Tualatin Valley Fire & Rescue (TVF&R). U. Railroad Crossing. The proposed site is not adjacent to any railroad crossing. This standard is not applicable. V. Street Signs. The city shall install all street signs, relative to traffic control and street names, as specified by the city engineer for any development. The cost of signs shall be the responsibility of the developer. Prior to commencing of site improvements, the Applicants shall submit site plans showing location of street signs, names, and traffic control devices to Engineering for review and approval. Prior to final plat approval, all street signs, street names, and traffic control devices shall be constructed, completed, and/or satisfied by the Applicant. W. Mail Boxes. Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least two dwelling units. Attachment 3 ENGINEERING COMMENTS PAGE 9 1. Joint mailbox structures shall be placed adjacent to road curbs; 2. Proposed locations of joint mailboxes shall be designed on a copy of the preliminary plat or development plan, and shall be approved by the city engineer/U.S. post office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the city engineer/U.S. post office prior to final approval. Mailboxes are not shown on the site plans. Mailbox locations must be submitted for review and approval prior to commencing site improvements. X. Traffic Signal. The location of traffic signals shall be noted on approval street plans. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approval specifications shall be installed. The cost shall be included as a condition of development. No traffic signal is required. This standard is not applicable. Y. Streetlight standards. Streetlights shall be installed in accordance with regulations adopted by the city’s direction. Prior to commencing of site improvements, the Applicant shall provide Engineering Division a photometric analysis of the proposed development frontages for review and approval. Photometric analysis will follow the recommended values and requirements per ANSI/IESNA. New streetlights are required based on the photometric analysis. If required, the Applicant shall submit a plan showing the location of streetlights to Engineering for review and approval. Type and color of pole and light fixture shall also be included on the plan for review and approval. Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required. Prior to commencing of site improvements, the Applicants shall submit site plans showing location of street signs, street names, and traffic control devices to Engineering for review and approval. Prior to final plat approval, all street signs, street names, and traffic control devices shall be constructed, completed, and/or satisfied by the Applicant. AA. Street cross-section. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the city engineer. The final lift shall also be placed no later than when 90% of the structures in the new development are completed or three years from the commencement of initial construction of the development, whichever is less. 1. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphalt concrete; Attachment 3 ENGINEERING COMMENTS PAGE 10 3. The final lift shall be place on all new construction roadways prior to final city acceptance of the roadway; however, no before 90%of the structures in the new development are completed unless three years have elapsed since initiation of construction in the development.; 4. The final lift shall be Class C asphalt concrete as defined by A.P.W.A. standards specifications; and 5. No lift shall be less than 1-1/2 inches in thickness. The Applicant’s site plans called out the structural cross sections of the streets and they meet the City of Tigard standard cross sections. BB. Traffic calming. When, in the opinion of the city engineer, the proposed development will create negative traffic condition on existing neighborhood streets, such as excessive speeding, the developer may be required to provide traffic calming measures. These measures may be required within the development and/or offsite as deemed appropriate. As an alternative, the developer may be required to deposit funds with the city to help pay for traffic calming measures that become necessary once the development is occupied and the city engineer will determine the amount of funds required, and will collect said funds from the developer prior to the issuance of a certificate of occupancy, or in the case of subdivision, prior to the approval of the final plat. The funds will be held by the city for a period of five years from the date of issuance of certificate of occupancy, or in the case of a subdivision, the date of final plat approval. Any funds not used by the city within the five-year time period will be refunded to the developer. No traffic calming is proposed or deemed necessary. CC. Traffic Study. 1. A traffic study shall be required for all new or expanded uses or developments under any of the following circumstances: a. When they generate a 10% or greater increase in existing traffic to high collision intersections identified by Washington County. b. Trip generation from development onto the city street at the point of access and the existing ADT fall within the following ranges: Existing ADT ADT to be added by development 0-3000 vpd 2,000 vpd 3,001-6,000 vpd 1,000 vpd >6,000 vpd 500 vpd or more c. If any of the following issues become evident to the city engineer: i. High traffic volumes on the adjacent roadway that may affect movement into or out of the site. ii. Lack of existing left-turn lanes onto the adjacent roadway at the prosed access drive(s). Attachment 3 ENGINEERING COMMENTS PAGE 11 iii. Inadequate horizontal or vertical sight distance at access points. iv. The proximity of the proposed access to other existing drives or intersections is a potential hazard. v. The proposal requires a conditional use permit or involves a drive through operation. vi. The proposed development may result in excessive traffic volumes on adjacent local streets. 2. In addition, a traffic study may be required for all new or expanded uses or developments under any of the following circumstances: a. When the site is within 500 feet of an ODOT facilities; and/or b. Trip generation from a development adds 300 or more vehicle trips per day to an ODOT facility; and/or c. Trip generation from a development adds 50 or more peak hour trips to an ODOT facility. Traffic Impact Analysis (TIA) is not required or deemed necessary. 18.910.050 Easements A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development is traversed by a watercourse or drainage way, there shall be provided a stormwater easement or drainage right-of-way conforming substantial with the lines of the watercourse. B. Utility Easements. A property owner proposing a development shall make arrangement with the city, the applicable district, and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city’s standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or city engineer. The proposed development is not traversed by a watercourse or drainage way. The site plans show that an 8-foot Public Utility Easement (PUE) along all rights of way for the placement of franchise utilities. 18.910.70 Sidewalk. A. 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 the 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. No industrial street is proposed or deemed necessary. 5-foot concrete sidewalk is proposed along all the public and private streets adjacent to the development. B. Requirement of developers. Attachment 3 ENGINEERING COMMENTS PAGE 12 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 route within ½ 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). The proposed development does not generate an additional 1,000 vehicle trips or more per day. There is not a sidewalk gap within 300 feet of the development. 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 exist: There is inadequate right-of-way; the curbside sidewalks already exist on predominant portions of the street; it would conflict with 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) or where the standards in Table 18.810.1 specify otherwise. Additional consideration of exempting the planter strip requirement may be given on a case-by-case basis if a property abuts more than one street frontage. The site plans indicate that a 5-foot planter will be provided along all public streets adjacent to the development meeting the standards. D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. The narrative indicates that it is the adjacent property owner’s obligation to continue maintaining the adjacent sidewalks, curbs and planter strips. E. Application for permit and inspection. If the construction of a sidewalk is not included in the performance bond of an approved subdivision or the performance bond has lapsed, then every person, firm or corporation desiring to construct sidewalks as provided by this chapter, shall be before entering upon the work or improvement, apply for a street opening permit to the Engineering Department to so build or construct: 1. An occupancy permit shall not be issued for a development until the provision of this section is satisfied. 2. The city engineer may issue a permit and certificate allowing temporary noncompliance with the provision of this section to the owner, builder or contractor Attachment 3 ENGINEERING COMMENTS PAGE 13 when, in his or her opinion, the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time. b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk. c. Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of the street; or, d. Topography or elevation of the sidewalk base area makes construction of sidewalk impractical or economically infeasible. 3. The city engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. Prior to commencing of site improvements, the Applicant shall submit site plans as part of the PFI Permit showing the location of sidewalk to Engineering for review and approval. Prior to Final Plat Approval, the sidewalk shall be constructed, completed, and/or satisfied. Sidewalk in the public right of way or proposed public right of way will be inspected and approved by the City of Tigard Engineering Division. 18.910.090 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. Permit Denied. Development permits may be restricted by the commission or hearing 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. The Applicant’s narrative and site plans indicate that all the lots in the proposed development will be serviced and connected to public sanitary sewer systems via service laterals. All the services will be served off the proposed 8-inch sanitary sewer systems on Lady Marion Dr and the private street. The proposed system is shown connecting to the existing public sanitary sewer system on 109th Ave. Additionally, a public sanitary sewer extension to the north edge of the development on 109th Ave for future connection is proposed. Attachment 3 ENGINEERING COMMENTS PAGE 14 Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. Prior to Final Plat Approval, the proposed public sanitary sewer system and associated facilities shall be constructed, completed, and/or satisfied. No over-sizing of sanitary sewer is proposed or deemed necessary. 18.910.100 Storm Drainage A. General provisions. The director and city engineer shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; The site plans show that new public storm drainage systems are proposed on Lady Marion Dr and the private street. Both new and existing public sanitary sewer systems and storm drainage systems are separate and independent from one another. 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and The site plans indicate that a public drainage system including manholes, inlets, and a 12- inch main are proposed in Lady Marion Dr and the private street. A water quality/detention facility is also proposed and located on its own tract on the southwest cornner of the development with access taking from 109th Ave. Street run-off is going to be collected and detained in the water quality/detention facility prior to releasing to the existing system located in 109th Ave. Surface water is not to be carried across the intersection and allowed to flood the streets and adjacent properties. Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing how run-off generated by the development will be collected, conveyed, treated, and detained to the Engineering Division for review and approval. The design of storm drainage improvement shall be in accordance with CleanWater Services Design and Construction Standards. 3. Surface water drainage patterns shall be shown on every development proposal plan. A grading plan was submitted showing contours associated with the proposed street and lots. The Applicant’s site plans also include the proposed storm system and location of the catch basins and the water quality/detention indicating how surface water drainage patterns will be after development. Attachment 3 ENGINEERING COMMENTS PAGE 15 B. Easement. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater 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. The site is not traversed by a watercourse, drainageway, channel or stream. The site plans show that a tract (Tract B) is proposed for storm water quality and detention and will be dedicated to the City of Tigard. 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). There is no upstream basin that flows across the subject site. 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). A preliminary storm drainage report was submitted as part of the land use submittal. Prior to commencing site improvements, submit a final storm drainage report as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained to Engineering Division for review and approval. The storm drainage report shall be prepared and include a maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Design Guidelines. Prior to commencing of site improvements, submit site plans as part of the PFI permit indicating how run-off generated by the development will be collected, conveyed, treated and detained to Engineering Division for review and approval. Prior to Final Plat Approval, all public stormwater drainage system, including water quality and detention facilities shall be constructed, completed, and/or satisfied. 18.910.110 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 Attachment 3 ENGINEERING COMMENTS PAGE 16 (TSP). Bike lane requirements along collectors within the downtown urban renewal district shall be determined by the city engineer unless specified in Table 18.810.1. 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. The proposed development is adjacent to 109th Ave, a designated bicycle route. 18.910.120 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 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; 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 undergrounding 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. Attachment 3 ENGINEERING COMMENTS PAGE 17 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. There are existing overhead utilities located across the right of way along the development frontage on 109th Ave. The applicant shall pay a fee in lieu per the criterion in TDC Section 18.910.120.C.2. Prior to commencing site improvements, pay a fee in lieu of undergrounding the existing overhead utilities located across the right of way along the development frontage on 109th Ave. The fee in lieu shall be one-half of the total fee as calculated in accordance to the City of Tigard July 1, 2018 Fees and Charges Schedule. 18.920.030. General Provision 18.920.30.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) The proposed development is a 14-lot subdivision adjacent to 109th Ave and Lady Marion Dr. Attachment 3 ENGINEERING COMMENTS PAGE 18 A Traffic Impact Study (TIA) is not required however; a preliminary sight distance certification prepared by Pioneer Design Group, Inc. dated March 14, 2018 was submitted as part of the land use application. The certification indicated that there are 312 feet and 372 feet of sight distances available to both north and south directions respectively at the intersection of Lady Marion Dr and 109th Ave. The required sight distances were calculated at 250 feet. Prior to final plat approval, the Applicant shall submit to the Engineering Division the Final Sight Distance Certification indicating that sight distances are adequately provided at the intersection of Lady Marion Dr and 109th Ave. 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 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. The streets adjacent to the development are either a Neighborhood Route or a Local Street. The new intersection between Lady Marion Dr and 109th Ave is located more than 125 feet to the nearest streets in either directions. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Tracts: Tract B is a stormwater tract for the purposes of water quality and detention. Tract A will be owned and maintained by the City. Tract A and C will be owned and maintained by the Homeowners Association (HOA). Tract A is for the private street and Tract C is for retaining walls. Tracts Recordation: All Tracts shall be recorded on separate documents per the Washington County Surveyor Office. Attachment 3 ENGINEERING COMMENTS PAGE 19 Fire and Life Safety: Emergency vehicle turn around, location of fire hydrants, and fire flow must be reviewed and approved by TVF&R prior to commencement site improvements. Public Water System: The existing public water mains surrounding the proposed development are under the City of Tigard jurisdiction. The site plans indicate that services will be provided to serve all the proposed lots either from the new 8” DI main on Lady Marion Dr. Water meters serving Lots 10 to 14 shall be located on Lady Marion Dr. An irrigation meter for the storm water quality and detention facility on Tract B is proposed off the existing water main on 109th Ave. The water system is shown being a looped system. Prior to commencing site improvements, submit site plans as part of the PFI Permit showing all proposed and/or extensions of public water lines, hydrants and water services to be designed in accordance with the City of Tigard Standards to Engineering for review and approval. NOTE: An estimated 12 percent of the water system cost will be assessed prior to approval of the City of Tigard’s PFI permit. Storm Water Quality/Detention: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI permit. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. Tract B shall be dedicated to the City at final plat. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one Attachment 3 ENGINEERING COMMENTS PAGE 20 or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. Address Assignments: The City of Tigard is responsible for the approval of new street names and assigning addresses for parcels within the City of Tigard. Submit an Autocad file of the preliminary plat for the review of street name and assigning addresses. Contact Oscar Contreras with Engineering Division at 503-718-2678 for the submission of the Autocad file and ensuring that new street names are approved and addresses are assigned. Prior to permit submission pay the addressing fee. The address fee shall be assessed in accordance with the current Master Fee Schedule. Survey Requirements: The applicant’s final plat shall contain State Plane Coordinates [NAD 83 (91)] on tw o monuments with a tie to the City’s global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by:  GPS tie networked to the City’s GPS survey.  By random traverse using conventional surveying methods. In addition, the applicant’s as-built drawings shall be tied to the GPS network. The applicant’s engineer shall provide the City with an Autocad electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO PERMIT SUBMISSION: 1. The City of Tigard is responsible for the approval of new street names and assigning addresses for parcels within the City of Tigard. Submit an Autocad file of the preliminary plat for the review of street name and assigning addresses. Contact Attachment 3 ENGINEERING COMMENTS PAGE 21 Oscar Contreras with Engineering Division at 503-718-2678 for the submission of the Autocad file and ensuring that new street names are approved and addresses are assigned. Prior to permit submission pay the addressing fee. The address fee shall be assessed in accordance with the current Master Fee Schedule. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements, to the ENGINEERING DEPARTMENT, ATTN: KHOI LE at 503-718-2440. The cover letter shall clearly identify where in the submittal the required information is found: 2. Improvements associated with public infrastructures including street and right of way dedication, utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions shall be designed in accordance with the following codes and standards:  City of Tigard Public Improvement Design Standards  CleanWater Services (CWS) Design and Construction Standards  Tigard Community Development Codes, Municipal Codes  Fire Codes  Other applicable County, State, and Federal Codes and Standard Guidelines 3. Improvements associated with public infrastructures including street and right of way dedication, utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions are subject to the City Engineer’s review, modification, and approval. 4. Prior to commencing site improvements, a Public Facility Improvement (PFI) Permit is required for this project to cover all infrastructure work including stormwater Water Quality and Quantity Facilities and any other work in the public right-of-way. Four (4) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. An Engineering cost estimate of improvements associated with public infrastructures including but not limited to street, street grading, utilities, stormwater quality and water quantity facilities, sanitary sewer, streetlights, and franchise utilities shall be required at the time of PFI Permit submittal. When the water system is under the City of Tigard jurisdiction, an Engineering cost estimate of water improvement shall be listed as a separate line item from the total cost estimate. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City’s web page (www.tigard-or.gov). Attachment 3 ENGINEERING COMMENTS PAGE 22 5. Prior to commencing site improvements, submittal of the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the “Permittee”, and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 6. Prior to commencing site improvements, the Applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided onsite. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 7. Prior to commencing site improvements, the Applicant shall provide Engineering Division a photometric analysis for the review and approval. New LED streetlights are required based on the photometric analysis; the Applicant shall submit plans showing the location of streetlights to Engineering Division for review and approval. Type and color of pole and light fixture shall also be included on the plan for review and approval. 8. Prior to commencing site improvements, the Applicant shall submit plans showing the following items to Engineering for review and approval: SW 109th Ave St shall include and shall be shown to have:  30-foot from centerline right of way dedication  18-foot from centerline asphalt concrete pavement including 6-foot bike lane meeting City of Tigard Neighborhood Route cross section  Curb and gutter  5-foot planter  5-foot concrete sidewalk  8-foot PUE  Driveway approach  Street trees in the planter strip spaced per TDC requirements  Streetlights as recommended from the approved photometric analysis  Storm drainage improvement meeting CleanWater Services Design and Construction Standards  Underground utilities Attachment 3 ENGINEERING COMMENTS PAGE 23  Street signs, names and traffic control devices meeting the Manual of Uniform Traffic Control Devices (MUTCD) and the City of Tigard Standards  Street profile and center line radius meeting the City of Tigard Standards  Intersection radii meeting the City of Tigard Standards  Intersection curb ramp meeting the Public Right of Way Accessibility Guidelines (PROWAG)  Pavement taper meeting the City of Tigard Standards  Street striping meeting MTUCD, ODOT and the City of Tigard Standards SW Marion Drive shall include and shall be shown to have:  54-foot right of way dedication  32-foot from centerline asphalt concrete pavement meeting City of Tigard Local Street cross section  Curb and gutter  5-foot planter on both sides of the street  5-foot sidewalk on both sides of the street  Street trees in the planter strip spaced per TDC requirements  Streetlights as recommended from the approved photometric analysis  Residential driveway approaches  Storm drainage improvement meeting CleanWater Services Design and Construction Standards  Underground utilities  Curb radii meeting the City of Tigard Standards  Street signs, names and traffic control devices meeting the Manual of Uniform Traffic Control Devices (MUTCD) and the City of Tigard Standards  Street profile and center line radius meeting the City of Tigard Standards Private Street shall include and shall be shown to have:  26-foot asphalt concrete pavement  5-foot sidewalk on both sides of the street  Streetlights as recommended from the approved photometric analysis  Storm drainage improvement meeting CleanWater Services Design and Construction Standards  Underground utilities  Street signs, names  Street profile and turnout meeting the City of Tigard Standards and TVF&R 9. Prior to commencing site improvements, submit site plans and a final storm drainage report as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained to Engineering Attachment 3 ENGINEERING COMMENTS PAGE 24 Division for review and approval. The storm drainage report shall be prepared and include a maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Standards. 10. Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI Permit. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. 11. Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. 12. Prior to commencing site improvements, submit site plans as part of the PFI Permit showing all proposed and/or extensions of public water lines, hydrants and water services to be designed in accordance with the City of Tigard Standards to Engineering for review and approval. 13. Prior to commencing site improvements, the Applicant will be required to provide written approval from Tualatin Valley Fire & Rescue for fire flow, hydrant placement, and emergency vehicular access and turn around. 14. Prior to commencing site improvements, an erosion control plan shall be provided as part of the Public Facility Improvement permit drawings. The plan shall conform to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual” (current edition) and submitted to City of Tigard with the PFI plans. 15. Prior to commencing site improvements, a final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Division. 16. The design engineer shall indicate, on the grading plan, which lots will have natural slopes between 10 percent and 20 percent, as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. 17. Prior to commencing site improvements, submit Autocad file of the construction plan to the City for GIS purposes. 18. Prior to commencing site improvements, pay a fee in lieu of undergrounding the existing overhead utilities located across the right of way along the development frontage on 109th Ave. The fee in lieu shall be one-half of the total fee as calculated in accordance to the City of Tigard July 1, 2018 Fees and Charges Schedule. Attachment 3 ENGINEERING COMMENTS PAGE 25 THE FOLLOWING CONDITIONS SHALL BE SATIFIED PRIOR TO APPROVAL OF THE FINAL PLAT 19. Prior to final plat approval, all improvements associated with public infrastructures including but not limited to street improvement under the City of Tigard jurisdiction shall be constructed, completed and/or satisfied. The Applicant shall obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. 20. Prior to final plat approval, all public utility facilities including but not limited to storm drainage, water quality and quantity, sanitary sewer, water, gas, electrical, communication, and wireless shall be completed. Public storm water quality and quantity facilities shall be provided with 3 years of maintenance. 21. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 22. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. 23. Final plat will include signature lines for the City Engineer and Community Development Director. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the Applicant’s surveyor. 24. After the City and County have reviewed the final plat, submit one copy of the final plat for City Engineer and Community Development Director signatures. 25. Submit a check in the amount of the current final plat review fee (Contact Planner on Duty, at 503718-2421) 26. Prior to final plat approval, the Applicant shall submit to the Engineering Division the Final Sight Distance Certification indicating that sight distances are adequately provided at the intersection of Lady Marion Dr and 109th Ave. 27. Prior to final plat approval, provide Autocad files of the as-built drawings. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: Attachment 3 ENGINEERING COMMENTS PAGE 26 Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Developer shall:  Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and  Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the Developer. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As required by Section 18.430.080, the Developer shall file with the agreement an assurance of performance supported by one of the following:  An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon;  A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or  Cash. The Developer shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The Developer shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.430.100 Filing and Recording: Within 60 days of the City review and approval, the Applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the Applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat Application Submission Requirements: Three copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. Attachment 3 ENGINEERING COMMENTS PAGE 27 The following centerline monuments shall be set:  All centerline-centerline intersection points;  All cul-de-sac center points; and  Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, culde-sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.810.120 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. 18.810.130 Cash or Bond Required All improvements installed by the Developer shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land Developer's Design Engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. Attachment 3 Attachment 4 Attachment 4 Attachment 4 Attachment 4 Attachment 4 Attachment 4 www.tvfr.com Training Center 12400 SW Tonquin Road Sherwood, Oregon 97140-9734 503-259-1600 South Operating Center 8445 SW Elligsen Road Wilsonville, Oregon 97070-9641 503-259-1500 Command and Business Operations Center and North Operating Center 11945 SW 70th Avenue Tigard, Oregon 97223-9196 503-649-8577 June 14, 2018 Agnes Lindor City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 Re: Trillium Hill Sub-Div SUB2018-00003 Tax Lot I.D: 2S110DA Lots 0300/00400 Thank you for the opportunity to review the proposed site plan surrounding the above named development project. These notes are provided in regards to the plans received May 21, 2018. There may be more or less requirements needed based upon the final project design, however, Tualatin Valley Fire & Rescue will endorse this proposal predicated on the following criteria and conditions of approval. FIRE APPARATUS ACCESS: 1. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed driving surface width of not less than 20 feet (26 feet adjacent to fire hydrants (OFC D103.1)) and an unobstructed vertical clearance of not less than 13 feet 6 inches. (OFC 503.2.1) 2. NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and 20 feet of unobstructed driving surface, “No Parking” signs shall be installed on one or both sides of the roadway and in turnarounds as needed. Signs shall read “NO PARKING - FIRE LANE” and shall be installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have red letters on a white reflective background. (OFC D103.6) 3. NO PARKING: Parking on emergency access roads shall be as follows (OFC D103.6.1-2): 1. 20-26 feet road width – no parking on either side of roadway 2. 26-32 feet road width – parking is allowed on one side 3. Greater than 32 feet road width – parking is not restricted 4. PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted red (or as approved) and marked “NO PARKING FIRE LANE” at 25 foot intervals. Lettering shall have a stroke of not less than one inch wide by six inches high. Lettering shall be white on red background (or as approved). (OFC 503.3) 5. FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet and shall extend 20 feet before and after the point of the hydrant. (OFC D103.1) 6. SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced as to provide all-weather driving capabilities. (OFC 503.2.3) Attachment 4 Residential One- and Two-Family Development 3.4 – Page 2 7. ANGLE OF APPROACH/GR ADE FOR INTERSECTIONS: Intersections shall be level (maximum 5%) with the exception of crowning for water run-off. (OFC 503.2.7 & D103.2) 8. ACCESS DURING CONSTRUCTION: Approved fire apparatus access roadways shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. Temporary address signage shall also be provided during construction. (OFC 3309 and 3310.1) 9. TRAFFIC CALMING DEVICES: Shall be prohibited on fire access routes unless approved by the Fire Marshal. (OFC 503.4.1). Traffic calming measures linked here: http://www.tvfr.com/DocumentCenter/View/1578 FIREFIGHTING WATER SUPPLIES: 10. FIREFIGHTING WATER SUPPLY FOR INDIVIDUAL ONE- AND TWO-FAMILY DWELLINGS: The minimum available fire flow for one and two-family dwellings served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to OFC Appendix B. (OFC B105.2) 11. FIRE FLOW WATER AVAILABILITY: Applicants shall provide documentation of a fire hydrant flow test or flow test modeling of water availability from the local water purveyor if the project includes a new structure or increase in the floor area of an existing structure. Tests shall be conducted from a fire hydrant within 400 feet for commercial projects, or 600 feet for residential development. Flow tests will be accepted if they were performed within 5 years as long as no adverse modifications have been made to the supply system. Water availability information may not be required to be submitted for every project. (OFC Appendix B) 12. WATER SUPPLY DURING CONSTRUCTION IN MUNICIPAL AREAS: In areas with fixed and reliable water supply, approved firefighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. (OFC 3312.1) FIRE HYDRANTS: 13. FIRE HYDRANTS – ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where the most remote portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. (OFC 507.5.1) 14. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway unless approved by the Fire Marshal. (OFC C102.1) 15. REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of blue reflective markers. They shall be located adjacent and to the side of the center line of the access roadway that the fire hydrant is located on. In the case that there is no center line, then assume a center line and place the reflectors accordingly. (OFC 507) 16. PHYSICAL PROTECTION: Where fire hydrants are subject to impact by a motor vehicle, guard posts, bollards or other approved means of protection shall be provided. (OFC 507.5.6 & OFC 312) Attachment 4 Residential One- and Two-Family Development 3.4 – Page 3 17. CLEAR SPACE AROUND FIRE HYDRANTS: A 3 foot clear space shall be provided around the circumference of fire hydrants. (OFC 507.5.5) BUILDING ACCESS AND FIRE SERVICE FEATURES 18. PREMISES IDENTIFICATION: New and existing buildings shall have approved address numbers; building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property, including monument signs. These num bers shall contrast with their background. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 1/2 inch. (OFC 505.1) Provide a physical address on the new home, as well as, near the intersection of the private drive and public road visible from both approaches of [enter road intersections here] If you have questions or need further clarification, or would like to discuss any alternate methods and/or materials, please feel free to contact me at 503-259-1504. Sincerely, John Wolff John Wolff Deputy Fire Marshal II Email John.Wolff@tvfr.com Cc: A full copy of the New Construction Fire Code Applications Guide for Residential Development is available at http://www.tvfr.com/DocumentCenter/View/1438 Attachment 4 Attachment 5 Attachment 5 Attachment 5 Attachment 5 Attachment 5 Attachment 5 Attachment 5 Attachment 5 Attachment 5 Attachment 5 Attachment 5 t ' " f c- 1THIS SPACE RESERVED FOR RECORDER' S USE After recording return to: JTC Partners LLC 10650 SW 75th Ave. Tigard, OR 97223 Until a change is requested all tax statements shall be sent to the following address: JTC Partners LLC 10650 SW 75th Ave. Tigard, OR 97223 File No.: 7013- 3029025 ( TN) Date: March 20, 2018 STATUTORY WARRANTY DEED William D. Sindair and Dorothy U. Sinclair, as tenants by the entirety, Grantor, conveys and warrants to] TC Partners LLC, an Oregon limited liability company, Grantee, the following described real property free of liens and encumbrances, except as specifically set forth herein: LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as t follows: A PART OF LOT 32, ACCORDING TO THE DULY FILED PLAT OF HANDY ACRES, FILED OCTOBER 29, 1945, IN PLAT BOOK 10, PAGE 31, RECORDS OF THE COUNTY OF WASHINGTON AND STATE OF OREGON, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 32, SOUTH 0° 43' WEST 50. 0 FEET FROM AN IRON ROD AT THE SOUTHWEST CORNER OF THAT PARTICULAR PARCEL DESCRIBED IN BOOK 481, PAGE 376, WASHINGTON COUNTY, DEED RECORDS; THENCE W NORTH 83° 58' EAST 80. 40 FEET; THENCE SOUTH 19° 24' EAST 74. 00 FEET; THENCE SOUTH 2 88° 58' EAST 77. 60 FEET TO THE EAST LINE OF SAID LOT 32; THENCE SOUTH 0° 54' WEST d 93. 0 FEET; THENCE SOUTH 88° 01' WEST 183. 25 FEET TO THE WEST LINE OF SAID LOT 32; THENCE NORTH 0° 43' EAST 162. 11 FEET TO THE POINT OF BEGINNING. CC NOTE: THIS LEGAL DESCRIPTION WAS CREATED PRIOR TO JANUARY 01, 2008. Subject to: 1. Covenants, conditions, restrictions and/ or easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey. The true consideration for this conveyance is $ 275, 000. 00. ( Here oompiy with requirements of ORS 93. 030) Page 1 of 2 APN: R481062 Statutory Warranty Deed File No.: 7013- 3029025( TN) continued BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON' S RIGHTS, IF ANY, UNDER ORS 195. 300, 195. 301 AND 195. 305 TO 195. 336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92. 010 OR 215. 010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30. 930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195. 300, 195. 301 AND 195. 305 TO 195. 336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Dated this Z- day of 30. 0- 1-- el 20 / . 490 William D. Sinclair Dorothy LX Sinclair STATE OF Washington ss. County of h--.'//, fry A , This instrument was acknowledged before me on this . 73 day of / MT 20 / E— by jby William D. Sinclair and Dorothy U. Sinclair.Notary Public for Washington, 4+/ f - 4+ r/ `; Noy My commission expires: Sept 6/ f9O/ t NotirrPubltc 1 State of Washbgton I ROBERT 8 AGUILAR My AppMritn* nt Expkes Sip 6, 2018 Page 2 of 2