HomeMy WebLinkAboutSUB2016-00002 & SLR2016-00007 Staff Report Final NOTICE OF TYPE II DECISION
SUBDIVISION (SUB) 2016-00002 &
SENSITIVE LANDS REVIEW (SLR) 2016-00007 T I CARD
BURTS LANDING
120 DAYS = 12/29/2016
Includes 120 day extension
SECTION I. APPLICATION SUMMARY
FILE NAME: BURTS LANDING SUBDIVISION
CASE NOS.: Subdivision (SUB) SUB2016-00002
Sensitive Lands Review(SLR) SLR2016-00007
REQUEST: The applicant is seeking approval for a phased 18-lot subdivision on an approximately 3.94
acre site. Phase 1 is for development of roposed lots 1-14, and Phase 2 is for development
of proposed lots 15-18. Lots will be developed with detached single-family homes.
Proposed lot sizes range from 6,259 to 9,378 square feet. Both phases impact an on-site
wetland. The applicant has also requested a Sensitive Lands Review to install a sidewalk and
underground utilities within the 100-year floodplain.
APPLICANT: Tim Gray OWNER 1: Jeff&Deborah Reaume
22846 Lodgepole Ave. 16508 SW Timberland Dr.
Tualatin, OR 97225 Beaverton, OR 97007
APPLICANT'S Mark Dane OWNER 2: CSC CAP Holding LLC
REP: Mark Dane Planning,Inc. 2496 Sunset Ave.
12725 SW Glenhaven Rd. West Linn, OR 97068
Portland, OR 97225
LOCATION: 10150& 10180 SW Tigard Street; 11820 SW Tiedeman Avenue
Washington County Tax Map 1S135CC,Tax Lots 800, 3700, 3800, and 3900
ZONE: R-4.5: low-density residential district. The R-4.5 zoning district is designed to accommodate
detached single-family homes with or without accessory residential units at a minimum lot
size of 7,500 square feet.Duplexes and attached single-family units are permitted
conditionally. Some civic and institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters: 18.390, 18.430, 18.510, 18.705, 18.715, 18.745,
18.765, 18.775, 18.790, 18.795, and 18.810.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the
preliminary subdivision and sensitive lands review request subject to certain conditions of approval. The findings
and conclusions on which the decision is based are noted in Section VI of this decision.
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SUB2016-00002-BURTS LANDING SUBDIVISION
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO COMMENCING ANY SITE WORK:
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 COMMUNITY DEVELOPMENT DEPARTMENT
ATTN: Cheryl Caines, 503-718-2437. The cover letter shall clearly identify where in the submittal the
required information is found:
1. Prior to any ground disturbance the applicant shall obtain and submit copies of authorization permits
from Oregon Department of State Lands and U. S. Army Corps of Engineers for the proposal. This
includes work within any and all phases of the proposed development.
2. Prior to any ground disturbance, the applicant shall submit a revised street tree plan showing the
minimum number of required street trees (41) and demonstrating that the plan meets street tree planting
and soil volume requirements of the Urban Forestry Manual. The plan shall show all underground
utilities, water meters, electrical boxes, driveways, sidewalks, fire hydrants, etc. to demonstrate
compliance.
3. Prior to any ground disturbance, the applicant shall submit a revised Urban Forestry Plan and
Supplemental Report approved by the project arborist demonstrating that the project site meets the
Urban Forestry Manual soil volume requirements for all trees to be planted and minimum canopy
requirements.
4. Prior to any ground disturbance work, the applicant shall submit to the city the current Inventory Data
Collection fee for urban forestry plan implementation.
5. Prior to any ground disturbance work, the applicant shall provide a tree establishment bond that meets
the requirements of Urban Forestry Manual Section 11,Part 2.
Submit to the Engineering Department (Kim McMillan, 503-718-2642 or kim(dtigard-or.gov) for review
and approval.
6. Prior to commencing site improvements, a Public Facility Improvement (PFI) permit is required for this
project to cover street, drainage, and utility improvements and any other work in the public right-of-way. Six
(6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department.
NOTE: these plans are in addition to any drawings required by the Building and Planning Divisions and should
only include sheets relevant to public improvements. Public Facility Improvement (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).
7. Prior to commencing site improvements, submit and obtain approval of a preliminary sight distance report
describing how adequate sight distance will be provided at the intersection of SW Tigard Street and the
proposed street (Street"A").
8. Prior to commencing site improvements, the PFI permit plan submittal shall include 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 document.
9. 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 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
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SUB2016-00002-BURTS LANDING SUBDIVISION
construction of site improvements or buildings proposed by this application, and shall include the vehicles
of all suppliers and employees associated with the project.
10. Prior to commencing site improvements, the Applicant's City of Tigard Public Facility Improvement permit
construction drawings shall indicate that full width street improvements, including traffic control devices,
mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers,
storm drainage, street trees, streetlights, and underground utilities shall be installed within the interior
subdivision streets. Local streets shall be designed and constructed to local street standards.
Requirements prior to commencing site improvements for specific streets are as follows:
SW Tigard Street shall include and shall be shown on plans to have:
- Right-of-way width of 29 feet from centerline
- Pavement width of 18 feet from centerline,neighborhood route pavement section
- Curb return connections at the proposed public street
- Storm drainage extended along the entirety of frontage
- 5-foot wide concrete sidewalk
- 5-foot wide planter adjacent to the curb
- Street trees
- Street light layout by Applicant's engineer to be approved by City
- Street signs and traffic control devices.
The local public street shall include and shall be shown on plans to have:
- Right-of-way width of 54 feet
- Pavement width, curb to curb shall be 28 feet
- Storm drainage
- 5-foot concrete sidewalk, 7-foot planter strips and curb
- Street trees
- Street light layout by Applicant's engineer to be approved by City
- Underground utilities
- Street signs and traffic control devices
- Radius connections to SW Tigard Street
- Parking plan (one side only)
The private street (Tract A) shall include and shall be shown on plans to have:
- Pavement width of 20 feet
- Storm drainage
- 5-foot concrete sidewalk
- Street trees
- Street light layout by Applicant's engineer to be approved by City
- Streets lights to be metered separately from public system
-Underground utilities
- Commercial driveway approach at A Street/Tract A
- Street signs and traffic control devices
-Radius connections to the public street
-Pedestrian,bikeway and public utility easement over the entirety of the tract
11. Prior to commencing site improvements, sanitary sewer and storm drainage details shall be provided to the
City for review and approval as part of the Public Facility Improvement (PFI) permit plans. Roof drains
shall be provided with storm drain connections. Calculations and a topographic map of the storm drainage
basin and sanitary sewer service area shall be provided as a supplement to the Public Facility Improvement
(PFI) permit plans. Calculations shall be based on full development of the serviceable area. The location
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SUB2016-00002-BURTS LANDING SUBDIVISION
and capacity of existing, proposed, and future lines shall be addressed. Lines not within a right-of-way must
be placed in a public easement.
12. Prior to commencing site improvements, pedestrian and bike details shall be provided to the City for review
and approval as part of the Public Facility Improvement (PFI) permit plans. An 8-foot wide bikeway within
a public easement shall extend from the easement in Tract A to SW Tiedeman Street.
13. Prior to commencing site improvements, the Applicant's design engineer shall submit documentation, for
review and approval by the City (Kim McMillan) of the downstream capacity and condition of any existing
storm facility impacted by the proposed development.
14. Prior to commencing site improvements, the Applicant shall submit design plans for the stormwater
facilities meeting the CWS Design and Construction Standards. This submittal shall include a maintenance
plan in accordance with the CWS Design and Construction Standards and the City of Tigard Design
Guidelines, for the facility and must be reviewed and approved by the city.
15. Prior to commencing site improvements, any extension of public water lines, hydrants and water services
shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall
be reviewed and approved by the City as a part of the Engineering Division plan review. NOTE: An
estimated 12% of the water system cost will be assessed prior to approval of the City of Tigard's PFI permit.
16. Prior to commencing site improvements, an erosion control plan shall be provided as part of the Public
Facility Improvement (PFI) 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.
17. Prior to commencing site improvements, the Applicant shall obtain a 1200-CN General Permit issued
through the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act.
18. 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 ensure that surface drainage is directed to the street or a public storm drainage system
approved by the Engineering Division.
The design engineer shall 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.
19. 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.
20. Prior to commencing site improvements, the applicant shall obtain all off-site easements necessary for
extension of public utilities.
21. Prior to commencing site improvements, the applicant's plans shall provide for conveyance of stormwater
on Tiedeman at intersection of utility easement and Tiedeman.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
Submit to the Engineering Department (Kim McMillan, 503-718-2642 or kimgtigard-or.gov) for review
and approval:
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SUB2016-00002-BURTS LANDING SUBDIVISION
22. Prior to final plat approval, the Applicant shall pay the current addressing fee (estimated $950.00 -18 lots +
Tract A x$50).
23. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street
will be jointly owned and maintained by the private property owners who abut and take access from it.
24. Prior to approval of the final plat,the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's)
for this project,to be recorded with the final plat,that clearly lays out a maintenance plan and agreement for the
proposed private street. The street lights required for alleys shall be maintained and paid for by the HOA and
metered separately from the public street light system. The applicant shall submit a copy of the CC&R's to the
Engineering Department(Kim McMillan) prior to approval of the final plat.
25. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a
homeowner's association to maintain the private street.
26. Prior to final plat approval The Applicant's final plat shall contain State Plane Coordinates 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.
Final Plat Application Submission Requirements
A. 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.
• 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.
• The right-of-way dedication for all public streets shall be made on the final plat.
• Subdivision plats will include signature lines for the City Engineer and Community Development
Director. Partition plats shall include a signature for the City Engineer. 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.
• After the City and County have reviewed the final plat, submit one of the final plat for City Engineer
signature (for partitions), or City Engineer and Community Development Director signatures (for
subdivisions).
B. Submit a check in the amount of the current final plat review fee (Contact Planner on Duty, at 503-718-
2421)
27. Prior to final plat approval,the Applicant shall pay fee in-lieu of undergrounding utilities on SW Tigard street in
the amount of$12,293.75.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE ISSUANCE OF BUILDING PERMITS:
Submit to the Engineering Department (Kim McMillan, 503-718-2642 or kim@tigard-or.gov) for review
and approval:
28. Prior to issuance of building permits, the Applicant shall provide the Engineering Division with a paper copy of
the recorded final plat.
29. Prior to issuance of building permits, the City requires submittal and approval of a construction access and
parking plan for the home building phase.
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SUB2016-00002-BURTS LANDING SUBDIVISION
30. Prior, to issuance of building permits the Applicant shall submit and obtain approval of a final sight distance
report for the intersections of SW Tigard Street and the proposed street.
31. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public
improvements substantially complete. Substantial completion shall be when: 1) all utilities are installed and
inspected for compliance,including franchise utilities,2) all city streets shall be fully paved, 3) any off-site utility
improvements are substantially completed and 4) all street lights within the subdivision are installed and ready
to be energized. (NOTE: the City apart from this condition, and in accordance with the City's model home
policy,may issue model home permits).
32. Prior to issuance of building permits, the Applicant shall provide the City with as-built drawings of the public
improvements as follows: 1) paper,2) an electronic copy, and 3) the as-built drawings shall be tied to the City's
GPS network. The Applicant's engineer shall provide the City with an electronic file with points for each
structure (manholes, catch basins,water valves, hydrants and other water system features) in the development,
ENGINEERING COMMENTS PAGE 18 and their respective X and Y State Plane Coordinates, referenced
to NAD 83 (91).
33. Prior to issuance of building permits, the Applicant shall submit water quality and quantity maintenance
agreements on city forms for recording.
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 Subdivider shall:
1. Execute and file an agreement with the City Engineer specifying the period within which all required
improvements and repairs shall be completed; and
2. 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 subdivider.
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 subdivider shall file with the agreement an assurance of performance
supported by one of the following:
1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the
State of Oregon;
2. 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
3. Cash.
The subdivider 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 subdivider 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.
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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 subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary
data or narrative. The subdivision 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:
1. All centerline-centerline intersection points;
2. All cul-de-sac center points; and
3. 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.
18.810.120 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 subdivider 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 divider'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 SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
a
SECTION III. BACKGROUND INFORMATION
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Site &Vicinity Information:
The 3.94 acre subdivision site is made up of two parcels fronting SW Tigard Street and located south of the
intersection with SW Tiedeman Avenue. The existing single-family home on tax lot 3900 has been moved to a
vacant site on Tigard Street. The site is zoned R-4.5 (Low Density Residential) as are adjacent properties.
Industrial Park (I-P) zoning and industrial businesses are found to the northeast across Tigard Street. Fanno Creek
is approximately 500 feet to the south. There is a .37 acre wetland on the site, and Fanno Creek floodplain is found
on an adjacent parcel (tax lot 800). This parcel is owned by one of the subdivision site property owners (CSC Cap
Holding LLC).
Two lot line adjustments (LLA2016-00003 and LLA2016-00005) were approved for the site in March 2016. The
purpose was to enlarge tax lot 3800 by adjusting the line between tax lot 3800 and tax lot 800 (11820 SW Tiedeman
Avenue), remove the portion of the property with floodplain from the development site, and to consolidate tax lots
3700, 3800, and 3900 into one parcel under a single ownership. The adjustments were recorded with Washington
County through deed and survey in June 2016.
Proposal Description:
The applicant is requesting subdivision approval for an 18 lot subdivision with lots ranging from 6,259 to 9,374
square feet, which will be developed with detached, single-family homes. Vehicular access to the lots will be
through new public and private streets. A pedestrian pathway from the development to SW Tiedeman Avenue is
proposed via an easement across adjacent property. Street swales and private rain gardens will be used to collect
and treat stormwater prior to being directed to pipes in the public and private streets. Utility lines will be extended
between SW Tigard Street and SW Tiedeman through the site and within an easement on adjacent tax lot 500. This
requires work within the 100-year floodplain.
During the initial public notification, questions were raised about a potential on-site wetland. Further review by
Clean Water Services confirmed the presence of a wetland. The applicant submitted revised plans on October 17,
2016 proposing to fill the wetland. Because the wetland is not under the jurisdiction of Tigard, it is exempt from
local sensitive lands permit requirements. However, additional permitting is required from Oregon Department of
State Lands and potentially US Army Corps of Engineers.
The necessary permits to fill the wetland and develop lots 15-18 have not been obtained. The applicant has
proposed phasing the project to allow construction of Phase 1 (lots 1-14) to begin while waiting to obtain the
necessary permits to construct Phase 2 (lots 15-18). Construction of Phase 1 will still require utility work within the
wetland,vegetated corridor, and 100-year floodplain.
SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET
A notice of a pending land use action was sent to neighboring property owners within 500 feet of the subject site
boundaries on June 9, 2016. The original notification vicinity map did not include a portion of the site; therefore, a
revised notice was sent on June 13, 2016. Planning and Engineering staff met with three adjacent property owners
to discuss concerns, mostly related to stormwater. Topography causes water to pool in the area. Neighboring
residents wanted to understand how drainage would be impacted by the proposed development. Staff noted how
the applicant proposed to collect stormwater and direct it away from the site through a public stormwater system.
Revised plans showing fill of the on-site wetland were submitted on October 17, 2016. Therefore a revised notice
was mailed to property owners on October 17, 2016. Two letters were received from neighboring property owners.
A copy letters are attached (Attachments 2 &3). The concerns have to do with traffic, livability issues, construction
impacts, stormwater, wetland and wildlife impacts, floodplain, and buffering/screening. Each of these topics is
summarized below with responses from the applicant (Attachment 3). These concerns were considered relation to
the approval criteria and staff's comments are included in italics.
Traffic
The development will create more cars and congestion for surrounding streets.
Staff Response: The applicant is required to improve SW Tiedeman to current street standards along the site frontage and will pay
required transportation fees and charges for each new home. These monies will be used on projects throughout the Tigard street ystem.
Due to the estimated number of additional vehicle trips generated by the development, additional improvements or studies are not
required.
Stormwater
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• Stormwater is a major issue in the area. The area for proposed Phase II has standing water at least six
months of the year and small lakes form in our backyards annually. It is key that water drain away from
our properties (along Meadow Street).
• A 12-inch pipe is proposed to drain water away and into Fanno Creek. Has there been a study to determine
the effect of large amounts of water entering the creek?
Applicant's Response: The applicant states that the amount of surface water draining onto downstream properties will be
reduced. The proposed subdivision would both treat and detain the surface water, which will be carried out to Tiedemann,
and south to the creek. This will result in significantly less water draining onto adjacent properties than is the current case.
Staff Reponse: The applicant has proposed a public stormwater ystem to collect and treat the surface water from the project and future
homes. The plan was accompanied y a Stormwater Report prepared by the applicant's engineer. The plan and report have been
reviewed by Cig of Tigard staff for compliance with city and Clean Water Services standards. The report meets the code requirements,
but the final design will be reviewed for compliance by City and Clean Water Services staff prior to construction.
Wetland&Wildlife
• Why are the wetlands not being protected?
• Do four houses outweigh the benefit of a small wetland? What are the effects of filling and mitigating the
wetland?
• Phase II is in the waterfowl flyway. Many species of animals use the wetland and field. How will this
proposed development affect the balance of wildlife and wild plants in the area?
• There are rare native Oregon grasses growing in the field.
• Protection of existing plants is mentioned in section 18.745 of the City of Tigard standards. How can we
protect existing plants if no study to see what is there to protect?
• The existing trees provide wildlife habitat.
Applicant's Response: It should be noted that The Local Wetland Inventory map for the City of Tigard did not
show any wetland or waterway on the subject property. The National Wetland Inventory Map did not indicate any
onsite wetlands or other waters either.
On Page 2 under items 1 B — H Ms. Nelson lists the wildlife she has seen on the property. While she presents no
evidence to this end, given its small size and isolated nature, as well as being seasonal. She claims using this one area
are waterfowl who raise their young on it, deer who browse and bed, heron, owls hawks, raccoons, opossum,
skunks squirrels, bats, tree frogs, song birds, and also rare native grasses though she doesn't mention which grasses
she is describing (which run counter to the report provide by Martin Schott & Associates). It is probable given
that Dirksen Nature Park , and Woodard Park are on the far side of Tiedeman Avenue that there is a great deal of
wildlife in the area. I would propose however that the preference of a disturbed rear yard that has been plowed, and
used until this fall by the family living in the house would be an unlikely preference to the undisturbed natural
wildlife area to the west. The wetland report by Schott and Associates shows a number of photos reflecting the
field, and the adjoining home and outbuildings.
Staff Response: The applicant has provided a copy of the wetland delineation report prepared by Schott &Associates (wetland
consultants), and the wetland is identified on the subdivision plans. The applicant is proposing to fill the wetland in order to construct
the development. Because the wetland is not identified as a significant wetland on the City of Tigard Wetland and Stream Corridors
Map and meets the jurisdictional and permit requirements of the Oregon Department of State Lands, work within the wetland is
exempt from local review. The applicant is conditioned to obtain authorization from state and federal agencies prior to beginning site
work. This includes work for Phase 1 if permitting for Phase 1 work is required.
Section 18.745 requires protection for trees that will remain on site during construction. Because the applicant is not retaining any of the
existing trees, this standard does not apply. The city has minimum tree canopy requirements (Urban Forestry), which can be satisfied by
protecting existing trees, planting new trees, or paying a fee-in-lieu. The applicant is proposing to plant new trees to satifft these
requirements.
Floodplain
• Phase II property is within the floodplain. In some years the property on the north side of Tiedeman and
along Fanno Creek frequently stands in water overflowing toward Fowler Middle School under the
Tiedeman Bridge and Woodard Park.
• This is a designated floodplain. Home loans will not be approved unless the owner carries expensive flood
insurance.
Applicant's Reponse: There is an offsite floodplain to the west.
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Staff Response: The applicant's engineer has shown the 100 year floodplain on the plans. Lots and future homes are not proposed
within the floodplain;however, work to construct underground utilities and public pathway is necessary. The applicant has requested a
Sensitive Lands Review(SLR2016-00007)for this work within the floodplain.
Buffering/Screening
• Why not save existing trees for noise abatement and-privacy? How are these issues being addressed?
• There is nothing in the plans for screening between tie proposed subdivision and adjacent properties.
Applicant's Response: The applicant has proposed tree mitigation for those trees to be removed, and has provided
the applicable Landscaping Plan. The applicant did offer to provide some additional trees adjacent to screen the
new residents from view. It should be noted however that section 18.745 does not afford any requirement between
proposed, and existing single family lots in the same zoning if setbacks standards are met.
Staff's Response: Screening is not required by code between the existing and proposed single family homes.
SECTION V. SUMMARY OF APPLICABLE CRITERIA
The following summarizes the criteria applicable to this decision in the order in which they are addressed:
Applicable Development Standards
18.430.020 Subdivisions
18.510 Residential zoning districts
18.705 Access, Egress and Circulation
18.715 Density Computations
18.765 Off-street parking and loading requirements
18.775 Sensitive Lands
18.790 Urban Forestry Plan
18.795 Vision clearance
18.810 Street and Utility Improvement Standards
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
APPLICABLE DEVELOPMENT STANDARDS
18.430 SUBDIVISIONS
18.430.020 General Provisions
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 zoning district is 7,500 square feet. The largest lot created with the proposed
subdivision (Lot 12) will be 9,378 square feet and the smallest lot (Lot 16) will be 6,259 square feet,which is 80% of
the minimum allowed. The average for all the lots is 8,018 square feet. This standard is met.
18.430.040 Approval Criteria: Preliminary Plat
A. Approval criteria. The approval authority may approve, approve with conditions or deny a
preliminary plat based on the following approval criteria:
1. The proposed preliminary plat complies with the applicable zoning ordinance and other
applicable ordinances and regulations;
Compliance with the specific regulations and standards of the zoning ordinance are addressed in greater detail in this
decision and have been shown to either meet or be conditioned to meet standards with this decision.
2. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter
92;
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According to the Washington County Surveyor, the proposed plat name, "Burts Landing," has been reserved
(November 2015). The applicant has attached the approved Washington County Subdivision Plat Naming form.
This standard is met.
3. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major
partitions already approved for adjoining property as to width, general direction and in all other
respects unless the city determines it is in the public interest to modify the street or road pattern;
and
4. An explanation has been provided for all common improvements.
There are no subdivisions or partitions approved on adjoining properties or existing streets to be extended through the
development site. Specific details of the proposed improvements are discussed later in this decision under the Street
and Utility Improvement Standards Section 18.810. This standard is met.
FINDING: Based on the analysis above, the proposal has met or can meet as conditioned, the preliminary plat
approval standards for subdivisions.
18.510 RESIDENTIAL ZONING DISTRICTS
The site is located in the R-4.5: Low-density residential zoning district.
The R-4.5 zoning district has the following dimensional requirements:
TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-4.5 Proposed
Minimum Lot Size 7 500 sq.ft. 6,259 sq. ft.mini
Detached unit 9,374 sq. ft.max.
Average Minimum Lot Width,Detached Units 50 ft. Varies
Maximum Lot Coverage N/A N/A
Minimum Setbacks
Front yard 20 ft. Verified at BUP
Side facing street on corner&through lots 15 ft. Verified at BUP
Side yard 5 ft. Verified at BUP
Rear yard 15 ft. Verified at BUP
Side or rear yard abutting more restrictive zoning district N/A. N/A
Distance between property line and front of garage 20 ft. Verified at BUP
Maximum Height 35 ft. Verified at BUP
Minimum Landscape Requirement N/A N/A
1—Lot size averaging is allowed as long as no lot is less than 80%of the minimum allowed(6,000 square feet).
According to the applicant's preliminary plat (Sheet 5), the proposed lots range in size from 6,259 square feet to 9,378
square feet. Through the use of lot averaging (TDC 18.430.020.D), lots may be less than the allowed minimum lot
size, -provided that each lot is not less than 80/o of the minimum lot size of that zone and the average for all lots is not
less taan the minimum lot size. In this case, lots cannot be less than 6,000 square feet. Compliance with setbacks and
building height requirements will be verified prior to the issuance of building permits at the time of site plan review for
individual lots.
FINDING: Based on the analysis above, development standards in the R-4.5 residential zone have been met
or will be verified at the time of building permit issuance.
18.705 ACCESS, EGRESS,AND CIRCULATION
18.705.020 Applicability of Provisions
A. When provisions apply. The provisions of this chapter shall apply to all development including the
construction of new structures, the remodeling of existing structures (see Section 18.360.050), and
to a change of use which increases the on-site parking or loading requirements or which changes
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the access requirements.
The proposal is an eighteen lot subdivision,which is considered development;therefore these standards apply.
18.705.030 General Provisions
D. Public street access. All vehicular access and egress as required in 18.705.030.H and I shall connect
directly with a public or private street approved by the city for public use and shall be maintained at
the required standards on a continuous basis.
As shown on the applicant's preliminary plat (Sheet 5), each lot will have access to a public or private street. Lots 1-
14 will be access via a new public street and lots 15-18 via a new private street (Tract A). This standard is met.
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).
Applicant provided a preliminary sight intersection distance evaluation dated May 2015 by ZTEC Engineers. The
letter states that the proposed new access would be located 165'northerly of the SE corner of the property. Sight
distance was not adequate but ZTEC recommended moving the intersection to the southeast. The latest version of
plans (18 lots) shows the access point at about 150'. A final sight distance certification will be required prior to
issuance of building permits. This standard can be met as conditioned.
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.
A portion of SW Tigard Street is within the influence area of SW Tiedeman Avenue, a collector. None of the
proposed lots have access to SW Tigard Street so no driveways are in the influence area of a collector or arterial.
This standard is met.
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.
No driveways are proposed along a collector or arterial street.
4. The minimum spacing of local streets along a local street shall be 125 feet.
Lots 1-14 take access from the proposed local street (Street"A"). Lots 15-18 will take access from the proposed
private street (Tract A). The applicant states that local street spacing standards do not apply;however the standard
does apply and the proposed local street is greater than 125 feet from the nearest intersection. This standard is
met.
I. Minimum access requirements for residential use.
1. Vehicular access and egress for single-family, duplex or attached single-family dwelling units on
individual lots and multifamily residential uses shall not be less than as provided in Tables 18.705.1
and 18.705.2.
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TABLE 18.705.1
VEHICULAR ACCESS/EGRESS REQUIREMENTS:
RESIDENTIAL USE (6 or fewer Min.Number of Min.Access Width Min. Pavement
units)Number Dwelling Unit/Lots Driveways Required Width
1 or 2 1 15' 10'
3-6 1 20' 20'
The proposed vehicular access and egress for the project is consistent with the minimum 10-foot paved driveway
within a 15-foot-wide access way. This standard is met.
FINDING: Based on the analysis above, the Access, Egress and Circulation standards have been met or can
be met as conditioned.
18.715 DENSITY COMPUTATIONS
18.715.010 Purpose
The purpose of this chapter is to implement the comprehensive plan by establishing the criteria for
determining the number of dwelling units permitted.
18.715.020 Density Calculation
A. Definition of net development area. Net development area, in acres, shall be determined by
subtracting the following land area(s) from the total site acres:
1. All sensitive land areas:
a. Land within the 100-year floodplain,
b. Land or slopes exceeding 25%,
c. Drainage ways, and
d. Wetlands,
e. Optional: Significant tree groves or habitat areas, as designated on the City of Tigard
"Significant Tree Grove Map" or"Significant Habitat Areas Map";
2.All land dedicated to the public for park purposes;
3. All land dedicated for public rights-of-way. When actual information is not available, the
following formulas may be used:
a. Single-family development: allocate 20% of gross acreage,
b. Multifamily development: allocate 15% of gross acreage or deduct the actual private drive
area;
4.All land proposed for private streets; and
5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is
to remain on the site.
B. Calculating maximum number of residential units. To calculate the maximum number of
residential units per net acre, divide the number of square feet in the net acres by the minimum
number of square feet required for each lot in the applicable zoning district.
As shown in the calculation below, the maximum number of units for this site is 15 units when the area for the
wetland is subtracted from the gross site area. If the applicant receives authorization to fill the wetland, it is not
subtracted, and the maximum density is 18 units. The construction of Phase 1 does not exceed the maximum
density because 14 units are proposed. If both phases are constructed, then the proposed 18 units do not exceed
maximum density.
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Residential Density Calculations
Buildable Land Area
Gross Area (SF) 171,435
Subtractions Wetland No Wetland
1. Sensitive Land Areas 16,117 0
2. Park Dedications 0 0
3. Public Rights-of-Way(actual) -31,878 31,878
4. Private Streets -4,489 4,489
5.Area for Existing House 0 0
Subtotal:Subtractions -52,484 -36,367
Net Buildable Land Area 118,951 135,068
Maximum Residential Units Calculation
Net Buildable Land Area 118,951 135,068
(divide by) Minimum Lot Area in 7,500 7,500
R-4.5 Zone
Maximum Residential Units 15.86 18.00
Minimum Residential Units Calculation
Maximum Number of Units 15.86 18.00
Allowed
(multiply by) 0.8 80% 80%
Minimum Residential Units 12.68 14.40
C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum
number of residential units per net acre shall be calculated by multiplying the maximum number of
units determined in subsection B of this section by 80% (0.8).
As shown above, the minimum number of units is 12 or 14 and the proposal is for 18 new units. This standard is
met.
18.745 LANDSCAPING AND SCREENING:
18.745.040 Street Trees
A. Street trees shall be required as part of the approval process for 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)
permits.
The application is for an eighteen lot subdivision and is being processed through a Type II procedure. Therefore,
the following standards apply.
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.
The minimum number of required street trees as determined by dividing the linear street frontage (1,646 feet per the
preliminary plat) by 40 results in a requirement of 41 street trees. Street trees are shown on the Streetscape Plan (Sheet
9) and the Tree Canopy Plan (Sheet 14); however these plans are different. Sheet 9 shows 35 trees but no tree species.
Sheet 14 shows 31 trees and a table indicates the number of each species that will be planted on each lot. The proposed
street trees are located within the right-of-way or public utility easement. This standard is not met, but can be as
conditioned.
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C. Street trees required by this section shall be planted according to the Street Tree Planting
Standards in the Urban Forestry Manual.
Staff is unable to determine if the proposed street trees will be planted in accordance with the planting standards of
the Urban Forestry Manual. The plans submitted show driveway locations and some utilities, but not all. The
applicant is conditioned to submit a revised street tree plan showing all underground utilities,utility boxes,
hardscape, and hydrants to demonstrate compliance. The proposed street trees are found on the approved street
tree lists and meet the minimum size and spacing requirements.This standard is not met but can be as conditioned.
D. Street trees required by this section shall be provided adequate soil volumes according to the Street
Tree Soil Volume Standards in the Urban Forestry Manual.
Street tree soil volume standards are set forth in Section 12 of the Urban Forestry Manual,with minimum soil
volume requirements linked to right of way width as measured from back of curb towards the subject site. A letter
from the applicant dated July 5, 2016 states that soil volumes were on the landscape plan but that the volumes will
be revised accordingly. No soil volume information was provided on the landscape plan or within the arborist
report. Therefore, as a condition of approval the applicant shall submit a revised plans and revised Urban Forestry
supplemental report to demonstrate how the soil volume standards can be met.
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 according to the Street Tree Planting Standards
in the Urban Forestry Manual when planting within the right of way is not practicable.
As shown on the preliminary Tree Canopy Plan (Sheet 14), the required street trees are proposed within the right-of-
way in a planter strip or behind the sidewalk. This standard is met.
F. An existing tree may be used to meet the street tree standards provided that:
1. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is
either within the subject site or within the right of way immediately adjacent to the subject site;
2. The tree would be permitted as a street tree according to the Street Tree Planting and Soil
Volume Standards in the Urban Forestry Manual if it were newly planted; and
3. The tree is shown as preserved in the Tree Preservation and Removal site plan (per
18.790.030.A.2),Tree Canopy Cover site plan (per 18.790.030.A.3) and Supplemental Report (per
18.790.030.A.4) of a concurrent urban forestry plan and is eligible for credit towards the effective
tree canopy cover of the site.
The applicant does not propose the use of existing trees as street trees. This standard does not apply.
G. In cases where it is not practicable to provide the minimum number of required street trees, the
Director may allow the applicant to remit payment into the Urban Forestry Fund for tree planting
and early establishment in an amount equivalent to the City's cost to plant and maintain a street
tree for three (3)years (per the Street Tree Planting Standards in the Urban Forestry Manual) for
each tree below the minimum required.
The applicant has not proposed the minimum number of street trees. If the applicant is unable to plant the minimum
required,then a fee in lieu for trees shall be paid. As conditioned,this standard will be met.
FINDING: Based on the analysis above, the proposed development meets, or has been conditioned to meet the
applicable Landscaping and Screening standards.
18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS:
18.765.030 General Provisions
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B. Location of vehicle parking. The location of off-street parking will be as follows:
1. Off-street parking spaces for single-family and duplex dwellings and single-family attached
dwellings shall be located on the same lot with the dwellings.
Parking for each single family dwelling is proposed on the same lot as the dwelling. This standard is met.
18.765.070 Minimum and Maximum Off-Street Parking Requirements
H. Specific requirements. See Table 18.765.2.
FINDING: Table 18.765.2 requires 1 parking space per dwelling unit. The applicant is proposing more than
one parking space per unit. Two spaces will be located within an attached garage, and at two
other spaces will be provided within the driveway, consistent with this standard.
18.775 SENSITIVE LANDS
18.775.020 Applicability of Uses—Permitted, Prohibited, and Nonconforming
D. Landform alterations or developments which are only within wetland areas that meet the jurisdictional
requirements and permit criteria of the U.S. Army Corps of Engineers, Division of State Lands, CWS,
and/or other federal, state, or regional agencies, and are not designated as significant wetlands on the City
of Tigard "Wetland and Streams Corridors Map," do not require a sensitive lands permit. The city shall
require that all necessary permits from other agencies are obtained. All other applicable city requirements
must be satisfied, including sensitive land permits for areas within the 100-year floodplain, slopes of 25% or
greater or unstable ground, drainageways, and wetlands which are not under state or federal jurisdiction.
The on-site wetland is not mapped on the "Tigard Wetland and Streams Corridors Map" and is not designated as a Tigard
significant wetland. The wetland is assumed to be jurisdictional and therefore the proposed work does not require a sensitive
lands permit. The applicant has provided an approved Clean Water Services Service Provider Letter for work within the
vegetated corridor. A condition of approval will ensure additional permits from Oregon Department of State Lands and U.S.
Army Corps of Engineers are obtained.
18.775.040 General Provisions for Floodplain Areas
A. The appropriate approval authority shall review all permit applications to determine whether proposed
building sites will minimize the potential for flood damage.
As shown in this report, a sensitive lands permit has been reviewed for work proposed in the 100-year floodplain. The
applicant has provided documentation to show the potential for flood damage has been minimized.
B. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Study of the City of Tigard," effective February 18, 2005,
with accompanying flood insurance rate maps effective February 18,2005,is hereby adopted by reference and
declared to be a part of this chapter.This flood insurance study is on file at the Tigard Civic Center.
This provision states the current flood insurance study and rate maps effective at the time of application for this development.
This is not a development standard.
C. When base flood elevation data has not been provided in accordance with subsection B of this section, the
director shall obtain,review and reasonably utilize any base flood elevation and floodway data available from
a federal, state or other source,in order to administer subsections M and N of this section.
Base flood elevation was provided in accordance with subsection B above. This standard is met.
D. Where elevation data is not available either through the flood insurance study or from another authoritative
source, applications for building permits shall be reviewed to assure that the potential for flood damage to
the proposed construction will be minimized. The test of reasonableness is a local judgment and includes
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use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to
elevate at least two feet above grade in these sensitive land areas may result in higher insurance rates.
Elevation data is available through the flood insurance study. This standard is not applicable.
E. All new construction and substantial improvements, including manufactured homes, shall be constructed
with materials and utility equipment resistant to flood damage.
The applicant states that the proposed utility lines and manholes are designed to be flood resistant. Review of the
construction plans under the Public Improvement Facility Permit will ensure this standard is met.
F. All new construction and substantial improvements, including manufactured homes, shall be constructed
using methods and practices that minimize flood damage.
The applicant states that the proposed sanitary and storm lines will be underground. The storm water manholes have air holes
allowing free movement of flood water into the pipes. The sanitary lids will be sealed. Review of the construction plans under
the Public Improvement Facility Permit will ensure this standard is met.
G. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall
be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
No buildings,equipment,or service facilities are proposed within the 100-year floodplain. This standard does not apply.
H. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of
floodwater into the system.
A water supply system is not proposed with this application;therefore this standard does not apply.
I. All new construction, all manufactured homes and substantial improvements shall be anchored to prevent
flotation,collapse,or lateral movement of the structure.
Anchoring is not necessary. The proposed work is for underground utilities and a paved asphalt path. This standard does
not apply.
J. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of
floodwater into the systems and discharge from the systems into floodwater.
The applicant states that the new sanitary sewer manhole in Tiedeman will be designed to eliminate infiltration of floodwater
into the system. Review of the construction plans under the Public Improvement Facility Permit will ensure this standard is
met.
K. On-site water disposal systems shall be located to avoid impairment to them or contamination from them
during flooding.
On-site water disposal systems are not proposed within the 100-year floodplain. This standard does not apply.
L. Residential construction.
1. New construction and substantial improvement of any residential structure, including manufactured
homes, shall have the lowest floor, including the basement, elevated at least one foot above base flood
elevation;
2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed
to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwater. Designs for meeting this requirement must either be certified by a registered professional
engineer or architect, or must meet or exceed the following minimum criteria:
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a. A minimum of two openings having a total net area of not less than one square inch for every square
foot of enclosed area subject to flooding shall be provided;
b.The bottom of all openings shall be no higher than one foot above grade;and
c. Openings may be equipped with screens, louvers, or other coverings or devices, provided that they
permit the automatic entry and exit of flood waters.
3. Manufactured homes shall be securely anchored to an adequately anchored permanent foundation system.
Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground
anchors.
The applicant is only proposing the construction of utilities within the 100-year floodplain. All future residences will be
outside the 100-year floodplain. This standard does not apply.
M. Nonresidential construction. New construction and substantial improvement of any commercial, industrial,
or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level
of the base flood elevation, or together with attendant utility and sanitary facilities, shall:
1. Be floodproofed so that below the base flood level the structure is watertight with walls substantially
impermeable to the passage of water;
2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy;
3. Be certified by a registered professional engineer or architect that the design and methods of construction
are in accordance with accepted standards of practice for meeting provisions of this subsection based on
their development and/or review of the structural design, specifications and plans. Such certifications
shall be provided to the building official as set forth in 18.775.030.E.2; and
4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space
below the lowest floor as described in paragraph L.2 of this section. Applicants flood-proofing
nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are
one foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as
one foot below that level).
The applicant is only proposing the construction of utilities within the 100-year floodplain. No buildings are proposed within
the floodplain. This standard does not apply.
N. Subdivisions and partitions in 100-year floodplain. Subdivisions and partitions in the 100-year floodplain shall
meet the following criteria:
1.The design shall minimize the potential for flood damage;
2. Public utilities and facilities such as sewer, gas, electrical, and water systems shall be located and
constructed so as to minimize flood damage;
3.Adequate drainage shall be provided to reduce exposure to flood damage; and
4. For subdivisions or partitions which contain more than 50 lots or five acres and where base flood elevation
data is not available from the Federal Emergency Management Agency (FEMA) or another authoritative
source,the applicant shall generate base flood elevation data to be reviewed as part of the application.
The subdivision site is not located within the 100-year floodplain; however, public utilities and pathway will be extended
through the floodplain on an adjacent site through an easement. The applicant states that these will be designed to minimize
flood damage. This standard is met.
O. Recreational vehicles. Recreational vehicles placed on sites within Zones Al-A30, AH, and AE on the
community's flood insurance rate map either:
1. Are on the site for fewer than 180 consecutive days;
2. Are fully licensed and ready for highway use:
a. Are on wheels or jacking system,
b. Are attached to the site only by quick disconnect type utilities and security devices, and have no
permanently attached additions,or
c. Meet the requirements of subsections E, F, I, and L of this section and the elevation and anchoring
requirements for manufactured homes. (Ord. 05-01)
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The placement of recreational vehicles is not proposed with this development;therefore this standard does not apply.
18.775.070 Sensitive Land Permits
B. Within the 100-year floodplain. The hearings officer shall approve, approve with conditions or deny an
application request within the 100-year floodplain based upon fmdings that all of the following criteria have
been satisfied:
1. Compliance with all of the applicable requirements of this title;
The applicant has demonstrated or this decision is conditioned to demonstrate compliance with all applicable requirements of
this title as outlined in this report. This criterion is met.
2. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the
zero-foot rise floodway shall not result in any encroachments, including fill, new construction,
substantial improvements and other development unless certified by a registered professional engineer
that the encroachment will not result in any increase in flood levels during the base flood discharge;
The proposed work within the 100-year floodplain includes the installation of underground pipes and a concrete sidewalk to
SW Tiedeman Avenue. The applicant's engineer provided a cross section and certification that the encroachment will not
result in any increase in flood levels during the base flood discharge. This criterion is met.
3. Land form alterations or developments within the 100-year floodplain shall be allowed only in areas
designated as commercial or industrial on the comprehensive plan land use map, except that alterations
or developments associated with community recreation uses, utilities, or public support facilities as
defined in Chapter 18.120 of the community development code shall be allowed in areas designated
residential subject to applicable zoning standards;
All proposed work within the floodplain is within a residential zone (R-4.5). Because the work is for utility installation and a
public support facility,it is allowed in this zone. This criterion is met.
4. Where a land form alteration or development is permitted to occur within the floodplain it will not result
in any increase in the water surface elevation of the 100-year flood;
The proposed work within the 100-year floodplain includes the installation of underground pipes and a concrete sidewalk to
SW Tiedeman Avenue. The applicant's engineer provided a cross section and certification that the proposed land form
alteration will preserve the floodplain storage function and maintenance of the zero-foot rise floodway and not result in any
increase in flood levels. This criterion is met.
5. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with
the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the
hearings officer as untimely;
A public sidewalk is proposed across the private street serving lots 15-18 and across the adjacent property out to Tiedeman
Avenue. However, the easement shown on the preliminary plat is "pedestrian/utility easement." To ensure for public access
and public utilities, this decision is conditioned for the final plat to show a public pedestrian access and utility easement. This
criterion is met as conditioned.
6. Pedestrian/bicycle pathway projects within the floodplain shall include a wildlife habitat assessment
that shows the proposed alignment minimizes impacts to significant wildlife habitat while balancing the
community's recreation and environmental educational goals;
The public sidewalk is not located within significant habitat area according to the Tigard Significant Habitat Areas map. This
criterion does not apply.
7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands,
and CWS permits and approvals shall be obtained; and
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A copy of the approved Clean Water Services (CWS) Service Provider Letter was provided. One of the conditions of that
approval is to gain authorization for the project from the Oregon Department of State Lands (DSL) and U.S.Army Corps of
Engineers (USACE). The applicant is conditioned to obtain and provide copies of DSL and USACE authorization permits
for the entire project site.
8. Where land form alterations and/or development are allowed within and adjacent to the 100-year
floodplain, the city shall require the consideration of dedication of sufficient open land area within and
adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions
of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan.
The applicant has proposed a pedestrian pathway through the floodplain. No additional dedication of open land area is
required. This criterion is not applicable.
18.790 URBAN FORESTRY PLAN
18.790.030 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 arborist report (dated February 17, 2016) prepared by a Certified Arborist/ Tree Risk Assessor,David Hunter,
has been provided. This report provided an inventory or all existing trees on the site. No other information was
provided by the arborist. This standard is not met but can be as conditioned.
2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual
(UFM);
A tree preservation and removal plan was submitted identifying all trees proposed for preservation and for removal.
No trees are being preserved. The plan meets the tree preservation and removal standards; this standard is met.
3. Meet the tree canopy site plan standards in the Urban Forestry Manual; and
A street tree and canopy plan (sheet 14) was prepared by the applicant's engineer (NW Engineers). The plan
proposes planting Hedge Maples and Sunset Maples as street trees and landscape trees to meet the tree canopy
requirements. A table on the plan outlines how the 15% canopy requirement for each lot can be met. However,
the proposal does not meet the 40% canopy requirement for the site. In addition the project arborist has not
approved the plan. The applicant is conditioned to provide a revised tree canopy plan approved by the project
arborist that satisfies the Urban Forestry Manual tree canopy requirements. This standard can be met as
conditioned.
4. Meet the supplemental report standards in the Urban Forestry Manual.
A supplemental report was prepared by the project arborist,Damien Carre; Oregon Tree Care. The report includes
the required inventory data for the existing open grown trees (UFM Section 10, Part 3, and Subsection D). All
existing trees will be removed. Tree canopy and soil volume was not addressed in the arborist's report. The
applicant is conditioned to provide a supplemental report prepared and approved by the project arborist that
demonstrates compliance with the Urban Forestry Manual tree canopy and soil volume standards. This standard
can be met as conditioned.
B. Tree canopy fee. If the supplemental report demonstrates that the applicable standard percent
effective tree canopy cover will not be provided through any combination of tree planting or
preservation for the overall development site (excluding streets) or that the 15% effective tree
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canopy cover will not be provided through any combination of tree planting or preservation for any
individual lot or tract in the R-1, R-2, R-3.5, R-4.5 and R-7 districts (when the overall development
site meets or exceeds the standard percent effective tree canopy cover), then the applicant shall
provide the city a tree canopy fee according to the methodology outlined in the tree canopy fee
calculation requirements in the Urban Forestry Manual.
The proposal does not meet canopy requirements.The applicant may choose to pay a fee in lieu to meet the
effective canopy requirements rather than planting additional trees.
FINDING: Based on the analysis above,the urban forestry plan requirements have not been fully met but
can be as conditioned in this decision.
18.790.060 Urban Forestry Plan Implementation
C. Tree Establishment. The establishment of all trees shown to be planted in the tree canopy site
plan (per 18.790.030 A.3) and supplemental report (per 18.790.030.A.4) of the previously approved
urban forestry plan shall be guaranteed and required according to the tree establishment
requirements in Section 11,part 2 of the Urban Forestry Manual.
FINDING: The applicant's proposal 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.
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 (per Section 18.790.030.A.3) and supplemental report
(per Section 18.790.030.A.4) of a previously approved urban forestry plan.
Section 11, Part 3 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. This can be met through a condition of approval.
FINDING: Based on the analysis above, the applicable urban forestry inventory standards have not been fully
met but can be with added conditions of approval.
18.795 VISUAL CLEARANCE
18.795.030 Visual Clearance Requirements
A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on
the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a
driveway providing access to a public or private street.
B. Obstructions prohibited.A clear vision area shall contain no vehicle, hedge,planting, fence,wall
structure or temporary or permanent obstruction (except for an occasional utility pole or tree),
exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the
street center line grade, except that trees exceeding this height may be located in this area,
provided all branches below eight feet are removed.
FINDING: New home construction and driveways on each of the proposed lots will be required to meet the
applicable visual clearance triangle requirement. Prior to issuance of building permits visual clearance
will be ensured through site plan review.This standard is met.
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18.810 STREET AND UTILITY IMPROVEMENTS STANDARDS:
18.810.030 Streets
A. Improvements.
1. No development shall occur unless the development has frontage or approved access to a public
street
2. No development shall occur unless streets within the development meet the standards of this
chapter
3. No development shall occur unless the streets adjacent to the development meet the standards
of this chapter, provided, however, that a development may be approved if the adjacent street
does not meet the standards but half-street improvements meeting the standards of this title are
constructed adjacent to the development.
The proposed subdivision will have both a new public street and a new private street. The private street will be
accessed from Street A, and Street A will connect with SW Tigard Street. All lots will have frontage on or access to
a public street. Half street improvements are proposed along SW Tigard Street and the applicant states that all
street improvements will be built. This standard 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 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
This site lies adjacent to SW Tigard Street,which is classified as a Neighborhood Bike Route in the City of Tigard
Transportation System Plan. According to the most recent tax assessor's map,there is approximately 25 feet of right-
of-way from centerline. The applicant is conditioned to dedicate 29 feet from centerline along Tigard Street and
construct street improvements for Tigard Street and proposed Street"A". These standards can be met as
conditioned.
F. Future street plan and extension of streets.
1. A future street plan shall:
a. Be filed by the applicant in conjunction with an application for a subdivision or partition. The
plan shall show the pattern of existing and proposed future streets from the boundaries of the
proposed land division and shall include other parcels within 530 feet surrounding and adjacent
to the proposed land division.At the applicant's request, the city may prepare a future streets
proposal. Costs of the city preparing a future streets proposal shall be reimbursed for the time
involved.A street proposal may be modified when subsequent subdivision proposals are
submitted.
b. Identify existing or proposed bus routes,pullouts or other transit facilities, bicycle routes and
pedestrian facilities on or within 530 feet of the site.
2. Where necessary to give access or permit a satisfactory future division of adjoining land, streets
shall be extended to the boundary lines of the tract to be developed, and
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.
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A Future Street Plan showing the proposed and existing streets surrounding the development has been submitted.
Extension of Street"A"is proposed to the south and then east to SW Tigard Street is proposed through a less intensely
developed area. Street"A"may be extended in the future. Until that time,the applicant has proposed a temporary
emergency vehicle hammerhead at the south end of Street"A" This standard is met.
H. Street alignment and connections.
1. Full street connections with spacing of no more than 530 feet between connections is required
except where prevented by barriers such as topography,railroads, freeways,pre-existing
developments,lease provisions, easements, covenants or other restrictions existing prior to May
1, 1995 which preclude street connections.A full street connection may also be exempted due to
a regulated water feature if regulations would not permit construction.
2. All local, neighborhood routes and collector streets which abut a development site shall be
extended within the site to provide through circulation when not precluded by environmental or
topographical constraints, existing development patterns or strict adherence to other standards
in this code.A street connection or extension is considered precluded when it is not possible to
redesign or reconfigure the street pattern to provide required extensions. Land is considered
topographically constrained if the slope is greater than 15%for a distance of 250 feet or more. In
the case of environmental or topographical constraints, the mere presence of a constraint is not
sufficient to show that a street connection is not possible. The applicant must show why the
constraint precludes some reasonable street connection.
3. Proposed street or street extensions shall be located to provide direct access to existing or
planned transit stops, commercial services, and other neighborhood facilities, such as schools,
shopping areas and parks.
4. All developments should provide an internal network of connecting streets that provide short, direct
travel routes and minimize travel distances within the development.
The site is adjacent to SW Tigard Street but there are no streets abutting the site. As mentioned above,a proposed
street will be extended from SW Tigard Street but will not be extended west through the site because of the 100-year
floodplain. This street (Street A) is located less than 530 feet from the nearest intersection—SW Alyne Lane.
A pedestrian pathway is proposed along the north side of the proposed private street and adjacent property to connect
with SW Tiedeman.
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.
The applicant has not proposed a street name for the new street. Prior to PFI submittal, the applicant shall obtain
city approval of the street name.
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.
All proposed streets have profiles less than 12%. This standard 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 six dwelling units are permitted only within planned
developments, mobile home parks, and multi-family residential developments.
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A private street from Street"A"is proposed to serve four lots (15-18). The applicant's plans show a 26-foot tract
with 20 feet of pavement curb-to-curb and a five-foot sidewalk. The street will be owned and maintained by the
properties that it will serve. To ensure this standard is met, the applicant is conditioned to place a statement on the
final plat and record Conditions, Covenants, and Restrictions (CC&Rs) along with the final plat that will clarify how
the private property owners are to maintain the private street. In addition, city design standards require private
streets to have a pavement section equal to a public local street. The applicant will need to provide this type of
pavement section. These standards can be met as conditioned.
18.810.040 Blocks
A. Block design. The length,width and shape of blocks shall be designed with due regard to providing
adequate building sites for the use contemplated, consideration of needs for convenient access,
circulation, control and safety of street traffic and recognition of limitations and opportunities of
topography.
B. Sizes.
1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the
centerline of the streets except:
a. Where street location is precluded by natural topography,wetlands, significant habitat areas
or bodies of water, or pre-existing development; or
b. For blocks adjacent to arterial streets,limited access highways, collectors or railroads.
c. For nonresidential blocks in which internal public circulation provides equivalent access.
2. Bicycle and pedestrian connections on public easements or right-of-ways shall be provided when
full street connection is exempted by paragraph 1 of this subsection B. 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.
Existing development patterns influence the proposed block design on the proposed infill development. With the
future extension of proposed Street"A"would create a block perimeter of 1,250 feet. This is less than the maximum
2,000 feet. In addition,the applicant has proposed a pedestrian connection from the proposed private street to SW
Tiedeman across adjacent tax lot 800. This standard is met.
18.810.050 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 applicant has proposed a utility and pedestrian easement extending from the site across to SW Tiedeman
Avenue across adjacent tax lot 800. In addition, a private easement was recorded and submitted;however,public
utility lines and public pathways must be within public easements. The applicant is conditioned to record a public
utility easement and public pedestrian access easement with the final plat and by document (for the off-site portion
across tax lot 800). This standard can be met as conditioned.
18.810.060 Lots
A. Size and shape. Lot size,width, shape and orientation shall be appropriate for the location of the
development and for the type of use contemplated, and:
1. No lot shall contain part of an existing or proposed public right-of-way within its dimensions.
2. The depth of all lots shall not exceed 2-1/2 times the average width, unless the parcel is less than
1-1/2 times the minimum lot size of the applicable zoning district.
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The proposed lots do not contain any part of existing or proposed right of way. All lots are less than 11,250 square
feet (1.5 times the minimum lot size for the R-4.5 zone). This standard is met.
C. Lot frontage. Each lot shall abut upon a public or private street, other than an alley, for a width of
at least 25 feet unless the lot is created through a minor land partition in which case 18.162.050.0
applies, or unless the lot is for an attached single-family dwelling unit, in which case the lot
frontage shall be at least 15 feet.
All proposed lots have a minimum frontage of 25 feet onto a public or private street.This standard is met.
C. Through lots. Through lots shall be avoided except where they are essential to provide separation of
residential development from major traffic arterials or to overcome specific disadvantages of
topography and orientation, and:
1. A planting buffer at least 10 feet wide is required abutting the arterial rights-of-way; and
2.All through lots shall provide the required front yard setback on each street.
No through lots are proposed. This standard does not apply.
D. Lot side lines. The side lines of lots, as far as practicable, shall be at right angles to the street upon
which the lots front.
All lots where practical contain right angles to the street. This standard is met.
18.810.070 Sidewalks
A. Sidewalks. All industrial streets and private streets shall have sidewalks meeting city standards
along at least one side of the street. All other streets shall have sidewalks meeting city standards
along both sides of the street. A development may be approved if an adjoining street has sidewalks
on the side adjoining the development, even if no sidewalk exists on the other side of the street.
B. Requirement of developers.
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 public street will include sidewalks on both sides. The private street will include a sidewalk on one
side with the sidewalk extending through adjacent parcels to the west. There are no existing sidewalks in the area to
extend. The applicant's plans show sidewalk along the Tigard Street frontage. This standard is met.
18.810.090 Sanitary Sewers
A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect
developments to existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified
Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted
policies of the comprehensive plan.
B. Sewer plan approval. The city engineer shall approve all sanitary sewer plans and proposed systems
prior to issuance of development permits involving sewer service.
C. Over-sizing. Proposed sewer systems shall include consideration of additional development within
the area as projected by the comprehensive plan.
Service will be provided by connecting to an existing 8-inch public line in SW Tiedeman Avenue and extending it to
the through the site via an off-site easement, a private street (Tract A) and the proposed public street (Street"A").
The line will serve all proposed lots. The neighboring properties have access to a sewer so there is no need for
further extension of the line. The applicant is conditioned to obtain an off-site public sanitary sewer easement.
These standards can be met as conditioned.
18.810.100 Storm Drainage
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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;
2.Where possible, inlets shall be provided so surface water is not carried across any intersection or
allowed to flood any street; and
3.Surface water drainage patterns shall be shown on every development proposal plan.
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).
The applicant states that there are no apparent upstream drainage ways that could impact the development.
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).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the
Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that
local governments institute a stormwater detention/effective impervious area reduction program
resulting in no net increase in storm peak flows up to the 25-year event. The City will require that
all new developments resulting in an increase of impervious surfaces provide onsite detention
facilities, unless the development is located adjacent to Fanno Creek. For those developments
adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention.
The applicant provided a drainage report dated September 15, 2016 stating that the downstream system appeared
adequate to handle additional flows and have been observed to be in good condition. The applicant is conditioned
to provide on-site detention calculations for review and approval of all impervious surface runoff from streets and
lots,provide and off-site easement for the storm drain mainline to SW Tiedeman Avenue, and collect and convey
upstream drainage on SW Tiedeman Avenue into the new,proposed storm drain system. This standard is met as
conditioned.
Section 18.810.110
A. 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 right-of-way.
There are no adjoining proposed bikeways but as described above,a path through the site is being required to
improve connection spacing. To provide a connection to SW Tiedeman Street, a pedestrian,bike path easement
across Lots No.17 and 18 is proposed. An existing private offsite easement is shown to continue the path to
connect to SW Tiedeman Street. Dedication of the easement to the public will be required. This standard can be
met as conditioned.
18.810.120 Utilities
A. Underground utilities.All utility lines including, but not limited to those required for electric,
communication,lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes and
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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.
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.
There are existing high capacity, overhead power lines along the northeast side of the SW Tigard Street. If the fee-
in-lieu is proposed,it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The
frontage along this site is 351.25 feet; therefore, the fee would be $12,293.75.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Traffic Study Findings:
A traffic study is not required by Section 18.810.030.CC. Applicant shall provide updated preliminary intersection
sight distance report and any mitigation measures needed prior to issuance of the PFI permit.
The applicant shall provide a final sight distance certification prior to issuance of building permits.
Fire and Life Safety:
Tualatin Valley Fire and Rescue has evaluated and deemed acceptable the proposed hydrant placement and
emergency access.
Public Water System:
City of Tigard provides service in this area. Service is available from an existing 6-inch line in Tigard Street. The
public water line shall be extended to Tiedeman through Tract A and off-site easements.
Storm Water Quality:
Prior to site, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of
the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be
reviewed and approved by the City prior to construction.
The developer will be required to submit annual reports to the City which show what maintenance operations were
conducted on the facility for that year. Once the three-year maintenance period is completed, the City will inspect
the facility and make note of any problems that have arisen and require them to be resolved before the City will take
over maintenance of the facility. In addition, the City will not take over maintenance of the facility unless 80
percent of the landscaping is established and healthy. If at any time during the maintenance period, the landscaping
falls below the 80 percent level, the developer shall immediately reinstall all deficient planting at the next appropriate
planting opportunity.
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To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the
design engineer responsible for the design and specifications of the private water quality facility to perform
construction and visual observation of the water quality facility for compliance with the design and specifications.
These inspections shall be made at significant stages throughout the project and at completion of the construction.
Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with
written confirmation that the water quality facility is in compliance with the design and specifications.
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 applicant shall meet the requirements of the Federal Clean Water Act regarding National Pollutant
Discharge Elimination System (NPDES) erosion control permits that may be needed for this project.
Obtain 1200C-N and Storm Water Connection Authorization from CWS
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 applicant will also be required to provide a geotechnical report,per Appendix Chapter 33 of the UBC, for the
proposed grading slope construction. The recommendations of the report will need to be incorporated into the
final grading plan and a final construction supervision report must be filed with the Engineering Department prior
to issuance of building permits.
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.
Site Permit Required:
The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private utility
installations (water, sewer, storm, etc.) and driveway construction. This permit shall be obtained prior to approval
of the final plat.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in
the amount of$50.00 per address shall be assessed (estimated at 18 lots + Tract A x$50 = $950.00). This fee shall
be paid to the City prior to final plat.
The developer will also be required to provide signage at the entrance of each shared flag lot or driveway or street.
This will assist emergency services personnel to more easily find a particular home.
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.
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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 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 Police Department reviewed the proposal and had no objections to it.
The City Public Works Department has reviewed the proposal and provided comments on sheets 4 and 8 of the
drawings including:
• Replace existing stormwater pipe in SW Tiedeman Avenue
• Replace driveway culverts and pipe ditch line adding a catch basin at the lowest point
• Provide rain garden design detail
• All catch basins need to be sumped G-2s
• Provide a beaver slide for sanitary
• Extend public water line to SW Tiedeman and connect to existing 10 inch pipe.
• Regarding the water line connection in SW Tigard Street — suggest cut in 8 inch tee, install valving to
minimize downtime on existing waterline.
These comments are details which will be required on the Public Facility Improvement plan set.
The Assistant City Engineer (Contact Kim McMillan, 503-718-2642) has reviewed the proposal and provided
comment in a Memorandum dated November 1, 2016,which can be found in the land use file and as an attachment
to this decision. The findings and conclusions in the Memorandum have been incorporated into this land use
decision.
SECTION VIII. AGENCY COMMENTS
Clean Water Services (Jackie Sue Humphreys, 503-681-3600) has reviewed this proposal and issued a letter dated
June 21, 2016 stating conditions to be met prior to plat recording, including regulations related to the proposed
private lot LIDA systems. Conditions of approval included in this decision will ensure compliance with Clean
Water Service requirements for water quality.
Tualatin Valley Fire and Rescue (TVF&R) has reviewed the project and submitted comment letters dated June
23, 2016 and October 31, 2016. These letters endorse the proposal, predicated on 25 specified criteria and
conditions of approval.
Washington County Land Use &Transportation has reviewed the proposal. An e-mail from Naomi Vogel,
Associate Planner states that streets are not located within County jurisdiction so no comments are provided.
Oregon Department of State Lands commented on the proposal noting state permit requirements,wetlands appear
to be on-site and that a delineation had been submitted and is under review.
Attachments:
1 - Site Plan/Preliminary Plat
2 - Riffel Comment Letter
3 -Nelson Comment Letter
4—Applicant Response Letter
5 -The City of Tigard Assistant City Engineer Memo, dated November 1, 2016.
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SECTION IX. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to:
X The applicant and owners
X Owners of record within the required distance
X Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON NOVEMBER 17, 2016 AND
EFFECTIVE ON NOVEMBER 18, 2016 UNLESS AN APPEAL IS FILED.
Appeal:
The Director's Decision is final on the date that it is mailed. Any party with standing as provided in Section
18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community
Development Code which provides that a written appeal together with the required fee shall be filed with the
Director within ten (10) business days of the date the Notice of 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.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the
specific issues identified in the written comments submitted by the parties during the comment period. 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 4:00 PM ON NOVEMBER 17,2016.
Questions:
If you have any questions, please call the Cheryl Caines, Associate Planner Tigard City Hall, 13125 SW Hall
Boulevard,Tigard, Oregon at (503) 718-2437 or cherylc@tigard-or.gov.
CiAL4k �('t"'`�`) November 1,2016
PREPARED B Cheryl Caines DATE
Associate Planner
/�' .` , Cr November 1, 2016
APPROVED BY: Tom McGuire DATE
Assistant Community Development Director
NOTICE OF DECISION PAGE 30 OF 30
SUB2016-00002-BURTS LANDING SUBDIVISION
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Attachment 2
RECEIVED
Home Owner JUN 2 0 2016
11742 SW Tiedeman Ave.
Tigard, Oregon 97223 CITY OF TIGARD
PLANNING;ENGINEERING
June 15, 2016
Tigard Community Development
Case ID: SUB 2016-00002 BURTS LANDING
13125 SW Hall Blvd.
Tigard, OR 97223
Dear Tigard Community Development:
I am concerned about the number of houses proposed to be built on the size of the lots
referred to as Burts Landing. It will create more cars and congestion for Tiedeman Ave.
and Tigard Street, as well as other streets in the surrounding area. It is becoming
increasingly difficult to leave my driveway now due to the increase of traffic because the
city of Tigard continues to allow the building of too many houses. Because of the traffic
congestion on Pacific Highway,many cars use Tigard Street and Tiedeman Ave. to get
through Tigard, and these streets have become quite congested during peak travel times.
I am also deeply disappointed that the view from my semi-private and quiet backyard will
soon be over populated with yet more houses. If they are 2-story houses,then this
proposal will cause total lack of privacy as they look over the lots behind and along side
of them. I am also very concerned about the noise, dirt, air quality and chaos that
building those houses will incur upon the residents. I believe that the property values of
the neighboring homes will decrease,just because of the greed of developers and sellers.
Thank you developers and city of Tigard for once again not thinking or caring about
current residents and home owners.
Attachment 3
BETTY J. NELSON
10275 SW Meadow St. Email: bjnelson(a hevanet.com
Tigard,OR 97223-5212
503-639-0573
RECEIV D
October 29, 2016 OCT 3 Z 2016
F
TI
PLANNING/ENGINEERING
LANNI G//ENGINE RING
Cheryl Caines
Community Development Office
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
Dear Ms. Caines:
RE: Case ID#: SUB2016-00002/SLR2016-00007 Burts Landing Subdivision
First, thank you for your time and assistance in helping to clarify this matter
and the process. Your service has been appreciated.
Developer's representative, Mark Dane of Mark Dane Planning, has assured
those of us who own property adjacent to proposed subdivision that all water
will be drained away from our properties. Water has been a HUGE issue for
us both from rainfall and high water table—the field behind our houses,
upon which developer proposes to build Phase II (houses #15-18), stands in
water at least 6 months out of the year - longer in those really rainy years —
and even with sump pumps in our crawl spaces and drainage fields in our
back yards we each have small "lakes" form in our backyards annually. So
draining water away from our properties is an absolute necessity.
However water drainage away from our properties south of the field in
question (houses on SW Meadow St.) is only part of the issue. There are a
number of concerns relative to development for Phase II houses numbered
15 — 18 on the plans provided us:
1. Since the field in question is under water half or more of each year,
depending on waterfall amount, and is considered wetlands why is it
available to build on at all? I thought wetlands were to be protected.
Sub2016-00002/SLR2016-00007 Burts Landing Subdivision
Page 2
A. This phase II property is in the flood plain. In medium
to heavy rainfall years the property on north side of
Tiedeman and along Fanno Creek frequently stands in
water overflowing toward Fowler Middle School under
the Tiedeman Bridge and into Woodard Park.
B. Phase II property is in the waterfowl flyway and we
frequently have ducks and geese land in wetlands slated
to be built on (houses #15-18) and some pairs remain to
raise their young.
C. Same property is a bedding area for deer—this summer
a young buck and doe were seen frequently browsing in
the wetland. They (deer) come up from Fanno Creek to
browse and sometimes bed down in that field at night.
D. Frequently seen are heron, owls, and hawks all hunting
in that wetland/field.
E. The usual small animals such as raccoons, opossum,
skunks, squirrels and bats live here as well and use that
field as a source for food/hunting.
F. Tree frogs populate this area.
G. Many varieties of songbirds are dependent on this field
as well.
H. There are also rare native Oregon grasses growing in
this field.
What, if anything is being done to address these environmental issues?
When I asked Mr. Dane, his answer was "nothing." He did not appear to see
it as a concern. Now that the field has been determined to be a wetland, how
will this proposed development affect the balance of wildlife and wild plants
in the area, not to mention the livability of those of us who border the
proposed development site? Has an environmental impact study been done?
If not, why not? Can one be required?
2. Protection of existing plants is mentioned in section 18.745 of City of
Tigard Standards —how can we protect existing plants if we have
done no study to see what is there to protect? Additionally:
Sub2016-00002/SLR2016-00007 Burts Landing Subdivision
Page 3
A. There is a row of trees on southern edge of where the
plans for the original 14 houses are planned. At first, at
our request, Mr. Dane said they would try to save these
for noise abatement but now they seem to be in a
position to be bulldozed. What about noise and visual
pollution? Privacy issues? How are those being
addressed?
B. Those trees also provide vital wildlife habitat.
C. Again what about the Oregon wild grasses growing
here—which will be destroyed?
D. There are currently several small apple trees in the field
slated for houses #15-18 also set to be bulldozed. How
does one protect existing plants if they are bulldozed?
3. I see nothing in the plans for screening proposed between the new
planned subdivision and properties already in existence per Tigard
Standards 18.745.
As mentioned above, water (above and below ground) is a major concern
here. I understand the plan is to drain water away from us through use of
12" pipe to drain directly into Fanno Creek.
A. What will the effect on the creek be? Has that been
evaluated?
B. The volume of water drained will be immense. Currently
that water drains slowly through the ground (including our
backyards) and into the creek - slowly... Has there been a
study to determine the effect of large amounts of water
entering the creek all at once -proposed drainage will go to
creek instead of into water table. Given the current overflow
of Fanno Creek onto property north of Tiedeman and under
Tiedeman Bridge into Woodard Park, I would think creek
effect would be an important piece of information prior to
approving this subdivision.
C. Obviously developer recognizes the volume of water at issue
here —hence the 12" pipe. That amount of water will have
Sub2016-00002/SLR2016-00007 Burts Landing Subdivision
Page 4
some affect on plants and animals at both sides of creek— do
we understand that effect?
D. Likewise that amount of water must have an effect on
aquatic life in the creek— again do we know what and how
that affect might be evidenced? Or the long-term damage
caused by heavy water continually being flushed into creek
instead of slow easy flow nature provides?
It is now my understanding the developer plans to put all drainage and
underground utilities for all 18 houses under this wetland field (phase II
site). How can that be justified? Underground pipes imply heavy equipment
tearing up the wetlands—what happened to the original plans which did not
include Phase II (houses #15 — 18) when the underground utilities and
bioswales, etc., were located under those original 14 houses?
It is further my understanding developer is requesting an exception that will
allow him to "fill in" or "mitigate" the wetlands so it can then be built on...
really? Do four houses really outweigh the benefit of a small wetland? And
is it even feasible to mitigate nature, not to mention advisable?
Fill dirt, torn up ground for underground utilities, pavement and houses will
not stop the heavy rains nor will it counter the very high water table here — it
will however damage the wetland forever and displace all the wildlife that
depend on it for survival...not to mention livability for those of us who
already live here. And, I am not convinced it will not also have other
negative effects on our properties along SW Meadow St. on south side of
Phase II of this project as well.
This is a wetland and flood plain— even FEMA has designated it as such and
will not approve any house loans unless the owner carries expensive flood
insurance.
I encourage COT and Dep't of State Lands to deny the requested exception
permit allowing for mitigation and building of Phase II (houses #15 -18). If
enough information is not available for that then it seems to me the next step
Sub2016-00002/SLR2016-00007 Burts Landing Subdivision
Page 5
would be to require an environmental impact study before deciding the
appropriateness of this building proposal.
Thank you for your consideration of my concerns.
Sincerely,
Be J. Nelson
Attachment 4
MARK DANE PLANNING INC.
12725 SW GLEN HAVE STREET, PORTLAND OR 97225, 503-3327167
MEMO: RESPONDING TO LETTER DATED 10-29-16 FROM BETTY NELSON
TO: CITY OF TIGARD—CHERYL CAINES
FROM: MARK DANE
RE: SUB2016-00002/SLR2016-00007— BURTS LANDING SUBDIVISION
Ms. Caines
Thank-you for e-mailing Ms. Nelsons letter that I understand was delivered to you today. In her
letter Ms. Nelson makes a number of claims that I would like to address and in some cases clarify.
The responses will be numbered clarity's sake. Most of the issues pertain to the 0.37 acre isolated
wetland in the SE corner of the development property. The Wetland Delineation and Resource
report describes the property where the wetland is located as
"The approximate eastern one half of the property is a mowed grass field with a row of fruit trees
in the approximate middle planted west to east. Various other trees such as Oregon ash, oak, and
cottonwood were scattered through the northern portion of the eastern half of the property. The
grasses identified throughout much of the property included tall fescue (Schedonorus
arundinaceus), reed canary grass (Phalaris arundinacea), common velvet grass (Holcus lanatus),
bentgrass(Agrostis sp)and hairy cat's ear(Hypochaeris radicata). The grass field is currently kept
mowed. In the northeast corner of the property there was a thick patch of Himalayan blackberry"
1) Ms. Nelson stated that I assured adjacent property owners in a neighborhood meeting that "all
wager will be drained way from our properties". I in fact did not say that. I said the amount of
surface water draining onto the downstream properties would be reduced. I stated that the
proposed subdivision would both treat, and detain the surface water, and that it would then be
carried out to Tiedemann,and south to the creek. That this would result in significantly less water
draining onto her property that is the current case.
2) On page 1, under item 1, Ms. Nelson is connecting the amount of rainfall with the presence of a
wetland adjacent to the north boundary of her property.The one is not necessarily related to the
other. The one thing that is clear is that there is a slow, and steady slope across the proposed
development falling south at about 1%. That the wetland came to be appears to be the result of
development and house construction that has blocked the natural surface flow. I believe one of
the house's in question belongs to Ms. Nelson. It should be noted that The Local Wetland
Inventory map for the City of Tigard did not show any wetland or waterway on the subject
property. The National Wetland Inventory Map did not indicate any onsite wetlands or other
waters either.
3) Ms. Nelson on Page 2 under 1A states that the same area is in standing water connected to the
middle school, and the Tiedeman Bridge. If that were the Case Ms. Nelsons house would also be
in the same standing water, since it lies between the applicant's property and the bridge. That
appears however not to be the case.
1 ' Page
MARK DANE PLANNING INC.
12725 SW GLEN HAVE STREET, PORTLAND OR 97225, 503-3327167
4) On Page 2 under items 1 B— H Ms. Nelson lists the wildlife she has seen on the property. While
she presents no evidence to this end, given its small size, an isolated nature, as well as being
seasonal . She claims using this one area are waterfowl who raise their young on it, deer who
browse and bed, heron, owls hawks, raccoons, opossum, skunks squirrels, bats, tree frogs, song
birds, and also rare native grasses though she doesn't mention which grasses she is describing
which run counter to the report provide by Martin Schott&Associates). It is probable given that
Dirksen Nature Park, and Woodard Park are on the far side of Tiedeman Avenue that there is a
great deal of wildlife in the area. I would propose however that the preference of a disturbed
rear yard that has been plowed, and used until this fall by the family living in the house would be
an unlikely preference to the undisturbed Natural wildlife area to the west. The wetland report
by Schott and Associates shows a number of photos reflecting the field, and the adjoining home
and outbuildings,
5) Ms. Nelson states that she asked what was being done to address these environmental issues. As
she notes in the 2' last paragraph on Page 2 of her letter, that the area in question is a "field" .
It is, and as staff can see from the photos on file has been used as such. It does however have a
high water table.
6) She discusses the need for an Environmental Impact Study,which is in fact a tool for determining
the level of pollution on a property, such as asbestos, or lead in the paint on a house. The
applicant has however provided the City with a wetland delineation, and resource assessment.
7) On Page2 item 2 she mentions section 18.745 discussing the protection of existing plants. No
protection is necessary with the removal of the wetlands.
8) On Page 3, under Item 2A-D Ms. Nelson raises the issue of the onsite trees. The applicant has
proposed tree mitigation for those trees to be removed, and has provided the applicable
Landscaping Plan. The applicant did offer to provide some additional trees adjacent to Ms.
Nelsons lot to screen the new residents from her view. It should be noted however that section
18.745 does not afford any requirement between proposed, and existing single family lots in the
same zoning if setbacks standards are met.
9) On Page 3 under items 2.A—C Ms Nelson seems to state that she understands that the proposed
development is being designed in a manner that will drain and carry the water to the creek which
seems contrary to her earlier statements. She asks whether any study of the storm drainage has
occurred. The applicant has submitted a storm drainage analysis as part of the application that
determines both the quantity, and rate of flow both currently and after the proposed
improvements
10) Ms. Nelson cites on Page 4 that the wetland is also a flood plain. This is not correct there is an
offsite floodplain to the west.The wetland is not in the flood plain.
2 ' Page
MARK DANE PLANNING INC.
12725 SW GLEN HAVE STREET, PORTLAND OR 97225, 503-3327167
11) Ms. Nelson requests the COT and Dep't of State Lands deny the requested exception permit.
There is no COT, no Dep't of State Lands and no Exception Permit. The Applicant believes Ms.
Nelson is talking about the Division of State Lands, the Corps of Engineers, and the issuance of a
fill permit by DSL, and the Corps, along with the appropriate mitigation fees.
It is clear that Ms. Nelson is a concerned, and involved neighbor. Change is always difficult, and
sometimes hard to accept. The applicant tied to explain at the neighborhood meeting what the
design goals were, and to deal with privacy issues, and drainage issues. As it became clear about
nine months after the initial submittal that there may in fact be a low grade wetland present on
the property, the City re-notified the neighbors while the applicant has proceeded to follow all
necessary protocol, to ensure that it has been correctly identified, delineated, and the features
detailed. The applicant has requested a fill permit that is currently being process through the DSL
/Corps Fill permit process.
Ms. Nelsons concerns are noted, and her input appreciated.
3 ' Page
Attachment 4
MEMORANDUM
CITY OF TIGARD, OREGON
DATE: 11/1/16
TO: Cheryl Caines
FROM: Kim McMillan, Development Review Engineer
RE: SUB2016-00002 BURT'S LANDING
Access Management (Section 18.705.030.H)
Section 18.705.030.H.1 states that 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.
Applicant provided a preliminary sight intersection distance evaluation, dated
May 2015 by ZTEC Engineers. The letter states that the proposed new access
would be located 165' northerly of the SE corner of the property. Sight distance
was not adequate, but ZTEC recommended moving intersection to the southeast.
The latest set version of plans (18 lots) shows the access point at about 150'.
A final sight distance certification will be required prior to issuance of building
permits.
Section 18.705.030.H.2 states that 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 be150 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.
There are no collector or arterial streets adjacent to this project.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways
and streets along a collector shall be 200 feet. The minimum spacing of
ENGINEERING COMMENTS PAGE 1
driveways and streets along an arterial shall be 600 feet. The minimum
spacing of local streets along a local street shall be 125 feet.
Applicant's plans and preliminary plat shows 18 lots. Of the 18 lots, within the
subdivision 14 lots take access from the proposed public street and lots 15-18
take access off of the proposed private street.
Applicant stated that since the proposed street was local the spacing standard
did not apply. However, applicant's proposed street intersection is greater than
125' from the nearest intersection. This criterion is met.
Street And Utility Improvements Standards (Section 18.810):
Chapter 18.810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets
adjacent shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width
planned as a portion of an existing street shall be dedicated and improved
in accordance with the TDC.
Applicant has proposed an interior street "A" with a 54-foot ROW and a 28-foot
paved width, allowing parking on one side. They propose a 7-foot planter
adjacent to the curb to provide water quality treatment.
Applicant has proposed a 30' ROW from centerline dedication on SW Tigard
street. However, the ROW requirements for SW Tigard street is 29' from
centerline.
Applicant has stated that they will build all street improvements.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a
local street to have a 54' right-of-way width and minimum 24-foot paved
section. Other improvements required may include on-street parking,
sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
This site lies adjacent to SW Tigard street, which is classified as a Neighborhood
Bike Route on the City of Tigard Transportation Plan Map. At present, there is
ENGINEERING COMMENTS PAGE 2
approximately 25' feet of ROW from centerline, according to the most recent tax
assessor's map. The applicant should dedicate 29' from centerline.
Applicant shall construct half-street improvements along the frontage of SW
Tigard street to include
1 . 18' of pavement centerline to curb
2. Curb or curb and gutter
3. 5' planter strip adjacent to curb and a 5' sidewalk
4. Underground utilities
5. Street lights
6. Storm drainage
7. Street trees
Applicant shall construct full street improvements for Street "A"
• 54' of ROW with 28' of pavement
• 7' planter strip adjacent to curb with water quality and 5' sidewalk
• Curb or curb-and-gutter
• Underground utilities
• Street lights
• Storm drainage
• Street trees
Future Street Plan and Extension of Streets: Section 18.810.030.F states
that a future street plan shall be filed which shows the pattern of existing and
proposed future streets from the boundaries of the proposed land division.
This section also states that where it is 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 barricade shall be
constructed at the end of the street. These street stubs to adjoining
properties are not considered to be cul-de-sacs since they are intended to
continue as through streets at such time as the adjoining property is
developed. 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.
Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess of 150 feet in length.
Applicant has provided future street plan showing street "A" continuing to the south
and extending to SW Tigard street to the east.
Street "A" may be extended in the future. A temporary emergency vehicle
hammerhead is proposed at the south end of Street "A".
Street Alignment and Connections:
ENGINEERING COMMENTS PAGE 3
Section 18.810.030.H.1 states that 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.
Applicant's plans show the intersection of street "A" located less than 530' of the
nearest intersection SW Alyne lane.
Section 18.810.030.H.2 states that 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.
No collector, neighborhood routes, or local streets abut the site that would be
extended in the future.
Cul-de-sacs: 18.810.030.L states that a cul-de-sac shall be no more than 200
feet long, shall not provide access to greater than 20 dwelling units, and shall
only be used when environmental or topographical constraints, existing
development pattern, or strict adherence to other standards in this code
preclude street extension and through circulation:
• All cul-de-sacs shall terminate with a turnaround. Use of turnaround
configurations other than circular, shall be approved by the City Engineer;
and
• The length of the cul-de-sac shall be measured from the centerline
intersection point of the two streets to the radius point of the bulb, and
• If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an
adjacent street may be required to be provided and dedicated to the
City.
The applicant has not proposed any cul-de-sacs.
Grades and Curves: Section 18.810.030.N states that grades shall not exceed
ten percent on arterials, 12% on collector streets, or 12% on any other street
ENGINEERING COMMENTS PAGE 4
(except that local or residential access streets may have segments with
grades up to 15% for distances of no greater than 250 feet). Centerline radii
of curves shall be as determined by the City Engineer.
All proposed streets have profiles less than 12%
Access to Arterials and Major Collectors: Section 18.810.030.Q states that
where a development abuts or is traversed by an existing or proposed
arterial or major 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:
• A parallel access street along the arterial or major collector;
• Lots of suitable depth abutting the arterial or major collector to provide
adequate buffering with frontage along another street;
• Screen planting at the rear or side property line to be contained in a
non-access reservation along the arterial or major collector; or
• Other treatment suitable to meet the objectives of this subsection;
• If a lot has access to two streets with different classifications, primary
access should be from the lower classification street.
No major arterials or collector street abut the site.
Private Streets: Section 18.810.030.T states that design standards for
private streets shall be established by the City Engineer. The City shall
require legal assurances for the continued maintenance of private streets,
such as a recorded maintenance agreement. Private streets serving more
than six dwelling units are permitted only within planned developments,
mobile home parks, and multi-family residential developments.
Applicant's plans show a 26' tract with a 20' pavement curb-to-curb and a 5'
sidewalk on north side.
• Tract "A" private street shall have a 20' curb-to-curb pavement section to
local street standards.
• Curb or curb-and-gutter, as required
• 5' sidewalk adjacent to the curb
• Commercial driveway approach at public street "A"
• Underground utilities
• Storm drainage with public flow-through water quality facilities
• Street lights metered separately from public system
The applicant shall place a statement on the face of the final plat indicating the
private street(s) will be owned and maintained by the properties that will be
served by it/them. In addition, the applicant shall record Conditions, Covenants
and Restrictions (CC&R's) along with the final plat that will clarify how the private
ENGINEERING COMMENTS PAGE 5
property owners are to maintain the private street(s). These CC&R's shall be
reviewed and approved by the City prior to approval of the final plat. The City's
public improvement design standards require private streets to have a pavement
section equal to a public local street. The applicant will need to provide this type
of pavement section.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to
meet City design standards and be located on both sides of arterial,
collector and local residential streets. Private streets and industrial streets
shall have sidewalks on at least one side.
Applicant's plans show sidewalks on both sides of public street "A" and sidewalk
on north side of "Tract A" private street. With a sidewalk extending through
adjacent parcels to the west.
Applicant's plans also show sidewalk on SW Tigard street.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer 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 Clean Water Services in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive
plan.
Over-sizing: Section 18.810.090.0 states that proposed sewer systems
shall include consideration of additional development within the area as
projected by the Comprehensive Plan.
Applicants plans show connecting to an existing sewer sanitary main line in SW
Tiedemann Ave and extending an 8" main line through the project via offsite
easements and through private street "tract A" to a public street "A"
• Offsite public sanitary sewer easement must be obtained prior to issuance
of the PFI permit.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make
adequate provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that 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. The City Engineer shall approve the necessary
ENGINEERING COMMENTS PAGE 6
size of the facility, based on the provisions of Design and Construction
Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or
amendments).
Applicant states that there are no apparent significant upstream drainage ways
that could impact the development.
Effect on Downstream Drainage: Section 18.810.100.D states that 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 Clean Water
Services in 2000 and including any future revisions or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek
and adopted the Fanno Creek Watershed Management Plan. Section V of that
plan includes a recommendation that local governments institute a stormwater
detention/effective impervious area reduction program resulting in no net
increase in storm peak flows up to the 25-year event. The City will require that
all new developments resulting in an increase of impervious surfaces provide
onsite detention facilities, unless the development is located adjacent to Fanno
Creek. For those developments adjacent to Fanno Creek, the storm water runoff
will be permitted to discharge without detention.
Applicant provided a drainage report prepared by NW Engineers, dated
September 15, 2016, stating that the downstream system appeared adequate to
handle additional flows and have been observed to be in good condition.
• Applicant shall provide an offsite easement for storm drain mainline to SW
Tiedeman Avenue prior to issuance of the PFI permit.
• Collect and convey upstream drainage on SW Tiedeman Ave into
proposed new storm drain system.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that 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 right-of-way.
There are no adjoining proposed bikeways but as described above, a path
through the site is being required to improve connection spacing. To provide a
ENGINEERING COMMENTS PAGE 7
connection to SW Tiedeman Street, a pedestrian, bike path easement across
Lots No.17 and 18 is proposed. An existing private offsite easement is shown to
continue the path to connect to SW Tiedeman Street. Dedication of the easement
to the public will be required.
Utilities:
Section 18.810.120 states that all utility lines, 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:
• The developer shall make all necessary arrangements with the serving
utility to provide the underground services;
• The City reserves the right to approve location of all surface mounted
facilities;
• 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
• Stubs for service connections shall be long enough to avoid disturbing
the street improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states
that a developer shall pay a fee in-lieu of under-grounding 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 under-grounding 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 under-grounding would result in the
placement of additional poles, rather than the removal of above-ground
utilities facilities. 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 a fee in-lieu of under-
grounding.
There are existing overhead utility lines along the northeast side of SW Tigard
street. These are over 50 KVA. If the fee in-lieu is proposed, it is equal to
$35.00 per lineal foot of street frontage that contains the overhead lines. The
frontage along this site is 351.25 lineal feet; therefore, the fee would be
$12,293.75.
ENGINEERING COMMENTS PAGE 8
Applicant shall pay fee in-lieu of undergrounding utilities on SW Tigard street in
the amount of $12,293.75.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND
UTILITY IMPROVEMENT STANDARDS:
Traffic Study Findings:
Applicant shall provide updated preliminary intersection sight distance report and
any mitigation measures needed prior to issuance of the PFI permit.
The applicant shall provide a final sight distance certification prior to issuance of
building permits.
Fire and Life Safety:
TVF&R has evaluated hydrant placement and emergency access and deemed
acceptable.
Public Water System:
City of Tigard provides service in this area. Service is available from an existing
6-inch line in Tigard Street. The public water line shall be extended to Tiedeman
through Tract A and off-site easements.
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 site, the applicant shall submit plans and calculations for a water quality
facility that will meet the intent of the CWS Design Standards. In addition, the
applicant shall submit a maintenance plan for the facility that must be reviewed
and approved by the City prior to construction.
The developer will be required to submit annual reports to the City which show
what maintenance operations were conducted on the facility for that year. Once
the three-year maintenance period is completed, the City will inspect the facility
ENGINEERING COMMENTS PAGE 9
and make note of any problems that have arisen and require them to be resolved
before the City will take over maintenance of the facility. In addition, the City will
not take over maintenance of the facility unless 80 percent of the landscaping is
established and healthy. If at any time during the maintenance period, the
landscaping falls below the 80 percent level, the developer shall immediately
reinstall all deficient planting at the next appropriate planting opportunity.
To ensure compliance with Clean Water Services design and construction
standards, the applicant shall employ the design engineer responsible for the
design and specifications of the private water quality facility to perform
construction and visual observation of the water quality facility for compliance
with the design and specifications. These inspections shall be made at
significant stages throughout the project and at completion of the construction.
Prior to final building inspection, the design engineer shall provide the City of
Tigard (Inspection Supervisor) with written confirmation that the water quality
facility is in compliance with the design and specifications.
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.
Obtain 1200C-N and Storm Water Connection Authorization from CWS
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 applicant will also be required to provide a geotechnical report, per Appendix
Chapter 33 of the UBC, for the proposed grading slope construction. The
ENGINEERING COMMENTS PAGE 10
recommendations of the report will need to be incorporated into the final grading
plan and a final construction supervision report must be filed with the Engineering
Department prior to issuance of building permits.
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 assigning addresses for parcels within the
City of Tigard. An addressing fee in the amount of $50.00 per address shall be
assessed. This fee shall be paid to the City prior to PFI issuance.
For multi-tenant buildings, one address number is assigned to the building and
then all tenant spaces are given suite numbers. The City is responsible for
assigning the main address and suite numbers. This information is needed so
that building permits for tenant improvements can be adequately tracked in the
City's permit tracking system. Based upon the information provided by the
applicant, this building will be a multi-tenant building. Prior to issuance of the site
permit, the applicant shall provide a suite layout map so suite numbers can be
assigned. The addressing fee will then be calculated based upon the number of
suites that must be addressed. In multi-level structures, ground level suites shall
have numbers preceded by a "1", second level suites shall have numbers
preceded by a "2", etc.
For this project, the addressing fee will be $950 (18 lots + TRACT A X
$50/address = $950).
Applicant shall pay address fee prior to plat, $950.00
The developer will also be required to provide signage at the entrance of each
shared flag lot driveway or private street that lists the addresses that are served
by the given driveway or street. This will assist emergency services personnel to
more easily find a particular home.
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:
ENGINEERING COMMENTS PAGE 11
• 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 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).
Recommendations:
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING,
EXCAVATION AND/OR FILL ACTIVITIES:
Submit to the Engineering Department (Kim McMillan, 503-718-2642) for
review and approval:
Prior to commencing site improvements, a Public Facility Improvement (PFI)
permit is required for this project to cover all infrastructure work and any other
work in the public right-of-way. Six (6) sets of detailed public improvement
plans shall be submitted for review to the Engineering Division. 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
(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).
Prior to commencing site improvements, submit and obtain approval of a
preliminary sight distance report describing how adequate sight distance will be
provided at the intersection of SW Tigard Street and the proposed street A.
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 Division will delay processing of
project documents.
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
ENGINEERING COMMENTS PAGE 12
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 by this application, and shall include the
vehicles of all suppliers and employees associated with the project.
Prior to commencing site improvements, the Applicant's City of Tigard Public
Facility Improvement permit construction drawings shall indicate that full width
street improvements, including traffic control devices, mailbox clusters, concrete
sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary
sewers, storm drainage, street trees, streetlights, and underground utilities shall
be installed within the interior subdivision streets. Local streets shall be designed
and constructed to local street standards.
Requirements prior to commencing site improvements for specific streets
are as follows:
SW Tigard Street shall include and shall be shown on plans to have:
- Right-of-way width of 29 feet from centerline
- Pavement width of 18 feet from centerline, neighborhood route
pavement section
- Curb return connections at the proposed public street
- Storm drainage extended along the entirety of frontage
- 5-foot wide concrete sidewalk
- 5-foot wide planter adjacent to the curb
- Street trees
- Street light layout by Applicant's engineer to be approved by City
- Street signs and traffic control devices.
The local public street shall include and shall be shown on plans to have:
- Right-of-way width of 54 feet
- Pavement width, curb to curb shall be 28 feet
- Storm drainage
- 5-foot concrete sidewalk, 7-foot planter strips and curb
- Street trees
- Street light layout by Applicant's engineer to be approved by City
- Underground utilities
- Street signs and traffic control devices
- Radius connections to SW Tigard Street
- Parking plan (one side only)
The private street (Tract A) shall include and shall be shown on plans to
have:
- Pavement width of 20 feet
- Storm drainage
- 5-foot concrete sidewalk
ENGINEERING COMMENTS PAGE 13
- Street trees
- Street light layout by Applicant's engineer to be approved by City
- Streets lights to be metered separately from public system
- Underground utilities
- Commercial driveway approach at A Street/Tract A
- Street signs and traffic control devices
- Radius connections to the public street
- Pedestrian, bikeway and public utility easement over the entirety of
the tract
Prior to commencing site improvements, sanitary sewer and storm
drainage details shall be provided to the City for review and approval as
part of the Public Facility Improvement (PFI) permit plans. Roof drains
shall be provided with storm drain connections. Calculations and a
topographic map of the storm drainage basin and sanitary sewer service
area shall be provided as a supplement to the Public Facility Improvement
(PFI) permit plans. Calculations shall be based on full development of the
serviceable area. The location and capacity of existing, proposed, and
future lines shall be addressed. Lines not within a right-of-way must be
placed in a public easement
Prior to commencing site improvements, pedestrian and bike details shall
be provided to the City for review and approval as part of the Public
Facility Improvement (PFI) permit plans. An 8-foot wide bikeway within a
public easement shall extend from the easement in Tract A to SW
Tiedeman Street.
Prior to commencing site improvements, the Applicant's design engineer
shall submit documentation, for review and approval by the City (Kim
McMillan) of the downstream capacity and condition of any existing storm
facility impacted by the proposed development.
Prior to commencing site improvements, the Applicant shall submit design
plans for the stormwater facilities meeting the CWS Design and
Construction Standards. This submittal shall include a maintenance plan
in accordance with the CWS Design and Construction Standards and the
City of Tigard Design Guidelines, for the facility and must be reviewed and
approved by the city.
Prior to commencing site improvements, any extension of public water
lines, hydrants and water services shall be shown on the proposed Public
Facility Improvement (PFI) permit construction drawings and shall be
reviewed and approved by the City as a part of the Engineering Division
ENGINEERING COMMENTS PAGE 14
plan review. NOTE: An estimated 12% of the water system cost will be
assessed prior to approval of the City of Tigard's PFI permit.
Prior to commencing site improvements, an erosion control plan shall be
provided as part of the Public Facility Improvement (PFI) 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.
Prior to commencing site improvements, the Applicant shall obtain a 1200-
CN General Permit issued through the City of Tigard pursuant to ORS
468.740 and the Federal Clean Water Act.
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 ensure that surface drainage is directed to the street or a
public storm drainage system approved by the Engineering Division.
The design engineer shall 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.
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.
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 access.
Prior to commencing site improvements, the applicant shall obtain all off-
site easements necessary for extension of public utilities.
Prior to commencing site improvements, the applicant's plans shall
provide for conveyance of stormwater on Tiedeman at intersection of utility
easement and Tiedeman.
ENGINEERING COMMENTS PAGE 15
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
APPROVAL OF THE FINAL PLAT:
Submit to the Engineering Department (Kim McMillan, 503-718-2642) for
review and approval:
Prior to final plat approval, the Applicant shall pay an addressing fee in the
amount of$900.00 (18 lots x $50).
The applicant shall cause a statement to be placed on the final plat to indicate
that the proposed private street will be jointly owned and maintained by the
private property owners who abut and take access from it.
Prior to approval of the final plat, the applicant shall prepare Conditions,
Covenants and Restrictions (CC&R's) for this project, to be recorded with the
final plat, that clearly lays out a maintenance plan and agreement for the
proposed private street. The street lights required for alleys shall be maintained
and paid for by the HOA and metered separately from the public street light
system. The applicant shall submit a copy of the CC&R's to the Engineering
Department (Greg Berry) prior to approval of the final plat.
Prior to approval of the final plat, the applicant shall demonstrate that they have
formed and incorporated a homeowner's association to maintain the private
street.
Prior to final plat approval The Applicant's final plat shall contain State Plane
Coordinates 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.
Final Plat Application Submission Requirements:
A.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.
•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.
The right-of-way dedication for all public streets shall be made on the final plat.
Subdivision plats will include signature lines for the City Engineer and
Community Development Director. Partition plats shall include a signature for
ENGINEERING COMMENTS PAGE 16
the City Engineer. 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.
After the City and County have reviewed the final plat, submit one of the final
plat for City Engineer signature (for partitions), or City Engineer and Community
Development Director signatures (for subdivisions).
B. Submit a check in the amount of the current final plat review fee
Prior to final plat approval, the Applicant shall pay fee in-lieu of undergrounding
utilities on SW Tigard street in the amount of $12,293.75.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
ISSUANCE OF BUILDING PERMITS:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
Prior to issuance of building permits, the Applicant shall provide the Engineering
Division with a paper copy of the recorded final plat.
Prior to issuance of building permits, the City requires submittal and approval of a
construction access and parking plan for the home building phase.
Prior, to issuance of building permits the Applicant shall submit and obtain
approval of a final sight distance report for the intersections of SW Tigard
Street and the proposed street.
Prior to issuance of building permits within the subdivision, the City Engineer
shall deem the public improvements substantially complete. Substantial
completion shall be when: 1) all utilities are installed and inspected for
compliance, including franchise utilities, 2) all city streets shall be fully
paved, 3) any off-site utility improvements are substantially completed and
4) all street lights within the subdivision are installed and ready to be
energized. (NOTE: the City apart from this condition, and in accordance
with the City's model home policy, may issue model home permits).
Prior to issuance of building permits, the Applicant shall provide the City with as-
built drawings of the public improvements as follows: 1) paper, 2) an
electronic copy, and 3) the as-built drawings shall be tied to the City's
GPS network. The Applicant's engineer shall provide the City with an
electronic file with points for each structure (manholes, catch basins, water
valves, hydrants and other water system features) in the development,
ENGINEERING COMMENTS PAGE 17
and their respective X and Y State Plane Coordinates, referenced to NAD
83 (91).
Prior to issuance of building permits, the Applicant shall submit water quality and
quantity maintenance agreements on city forms for recording.
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 Subdivider shall:
1. Execute and file an agreement with the City Engineer specifying the
period within which all required improvements and repairs shall be completed;
and
2. 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 subdivider.
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 subdivider shall file with the agreement an
assurance of performance supported by one of the following:
1. An irrevocable letter of credit executed by a financial institution
authorized to transact business in the State of Oregon;
2. 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
3. Cash.
The subdivider 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 subdivider 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 subdivision plat prepared by a land surveyor licensed to practice in
Oregon, and necessary data or narrative. The subdivision plat and data or narrative shall
ENGINEERING COMMENTS PAGE 18
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:
1.All centerline-centerline intersection points;
2.All cul-de-sac center points; and
3.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.
18.810.120 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 subdivider 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 divider'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.
ENGINEERING COMMENTS PAGE 19