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SUB1998-00003 Decision - HILLSHIRE CREEK EST. #4
120 DAYS :11 /5198 CITY OF TIGARD Community 0evefopmeut CITY OF T1GA811 S&aping.A Better Community Wasfdugfou County, Oregon PLANNING COMMISSION NOTICE OF FINAL ORDER NO. 98-08 PC Case Number(s): SUBIVISION SUB 98-0003 PLANNED DEVELOPMENT REVIEW PDR 98-0004 SENSITIVE LANDS REVIEW SL 98-0005 LOT LINE ADJUSTMENT MIS 98-00061 VARIANCE (VAR) 98-0004 Case Name(s): HILLSHIRE CREEK ESTATES #4 SUBDIVISION Name of Owner: Sierra Pacific Development Attention: Ed Freeman Name of Applicant's Rep: Alpha Engineering Attention: Mark Ferris Address of Rep.: 9600 SW Oak Street Suite 230 City: Portland State: Oregon Zip: 97223 Address of Properly: On the east side of SW Mentor Lane, approximately 1,000 feet south of SW B rr ws Road (formally SW Scholls-Fer[Road City: TigardState: Oregon Zip: 97223 Tax Map(s)/Lot No(s).: WCTM 2S105DA, Tax Lots 00300,. 00400 and 00500. Request: ➢ Subdivision preliminary plat approval to subdivide an approximately 14.03 acre site for the creation of a 64 lot single-family attached Planned Development Subdivision. The Planned Development is proposed in order to maximize the preservation of significant natural resources on the site which include a natural wetlands area, numerous trees, and terrain with slopes exceeding 25%. This application also involves a request for approval of a Variance to the City of Tigard cut-de-sac design standards for length and the number of lots taking access from a cul-de-sac, and to allow a street grade of 15%. Sensitive Lands Review is requested for mitigation of any impacts to the wetland areas and Lot Line Adjustment approval to transfer approximately 1.31 acres from Tax Lots 00400 and 00500 to Tax Lot 00300 (Tract °L"). The Planning Commission held a Public Hearing on August 17, 1998 at 7:30PM. After receiving testimony from staff, the applicant and citizens, the Planning Commission voted to approve the Subdivision based on findings and Conditions of Approval contained within this staff report with a few minor changes. The changes involved the addition of Condition #7 and clarification revisions to Conditions #15 and #16. Zone: Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. Actin : A CI Approval as requested ® Approval with Conditions 0 Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: ® Owners of record within the required distance 19 Affected governmental agencies ® The affected Citizen Involvement Team Facilitator M The applicant and owner(s) Final Decision:% DATE OF FILING: AUGUST 2'1, 1998 THE DECISION SHALL BE FINAL ON MONDAY - AUGUST 31,1998 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. ppeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fees of $1,745.00 plus transcript costs, not in excess of $500. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON AUGUST 31,1998. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. SUB 98-31POR 964/SLR 98-00051MIS 96.6/VAR 96-4 HILLSHIRE CREEK ESTATES 414 SUBDIVISION NOTICE OF PLANNING COMMISSION FINAL ORDER NO. 98-00 PC CITY OF TIGARD PLANNING COMMISSION ARD CammurrityOevela racrrt FINAL ORDER NO- 98-08 PO Iun O TI Srus 'u~ (BetterC'ommunx 121 DAYS = 1115198 SECTION 1. APPLICATION SUMMARY SERVICES ~y ,,URBAN ANENT CASES: FILE NAME: HILLSHIRE CREEK ESTATES #4 SUBDIVISION Subdivision SUB 98-0003 Planned Development PDR 98-0004 Lot Line Adjustment MIS 98-0006 Variance VAR 8-0004 Sensitive Lands Review SLR 98-0005 PROPOSAL: The applicant is requesting preliminary plat approval to subdivide an approximately 14.03 acre site for the creation of 64 lot single-family attached Punned Development Subdivision. The applicant has indicated that the Planned Development is proposed in order to maximize the preservation of significant natural resources on the site which include a natural wetlands area, numerous trees and terrain with slopes exceeding 25%.. This application also involves a request for approval of a Variance to the City of Tigard cul-de-sac design standards for length and the number of lots taking access from a cut-de-sac, and to allow a street grade of 15%. Sensitive Lands Review is requested for mitigation of any impacts to the wetlands area and Lot Line Adjustment approval is requested to transfer approximately 1.31 acres from Tax Lets 00400 and 00500 to Tax Lot 00300. APPLICANT/ Sierra Pacific Development APPLICANT'S Alpha Engineering OWNER: Ed Freeman REP.: Mark Ferris 5285 SIN Meadows, Suite 300 9600 SW Oak St., Ste 230 Lake Oswego, OR 97035 Portland, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential; 7 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 7 Units Per Acre; R-7. LOCATION: The subject properties are located on the east side of SW Menlor Lane, approximately 1,000 feet south of SW Barrows Road (formally SW Scholl Ferry Road); WCTM 2S105DA, Tax Lots 00300, 00400 and 00500. APPLICABLE REVIEW CRITERIA: Community Development Mode Chapters 18.32, 18.40, 18.52, 18.80, 18.84, 18.88, 18.92, 18.98, 18.100, 18.102, 18.106, 18.108, 18.134, 18.150, 18.160 and 18.164. SECTION 11. STAFF RECOMMENDATION Notice is hereby given that the City of Tigard Planning Commission has APPROVED the proposal subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. PLANNING CO%,!A9 SSIgN FINIAL ORDER NO, 98-08 PC (Fmm 8117198 Public Nearing) PAGE 1 OF 38 SUB 98-31FDR 9341MIS 98-6NAR 984/SLR 98-5 - HILLSHiRE CREEK ESTATES 94 SUBDIVISION CONDITIONS OF APPROVAL ALL CONDITIONS SHALL BE SATISFIED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY, (Unless otherwise specified, the staff contact for all conditions is Brian Rager with the Engineering department at 503-639-4171.) 1. Tree removal requirements: A. Provide plans showing the exact number of trees over 12 inches to be removed and the caliper inches to be removed for review and approval by the Planning Division. Staff Contact: Julia Hajduk (639-4171 x407); B. Provide a detailed planting plan showing the location and size of trees to be planted to satisfy the mitigation standard for review and approval by the Planning Division. Staff Contact: Julia Hajduk (639-4171 x407); and C. Record and provide the Planning Division with a copy of a deed restriction for those trees that are to be preserved. Staff contact, Julia Hajduk (639-4171 x407). 2. Submit a revised plan that shows the vision clearance triangles at all intersections will meet the standards of Chapter 18.106. Staff contact, Julia Hajduk (639-4171 x407). 3. Revise the plan to show only 63 lots. Staff contact, Julia Hajduk (639-4171 x407). 4. Provide a narrative that states how an additional 34% of the lots either can meet another Solar Access Standard (Protected Solar Building Line Option or Performance option) or state how the lots are exempt from the Solar Access standards. Staff contact, Julia Hajduk (639-4171 x407). 5. Prior to final plat approval, the applicant must provide building footprints for all lots adjacent to the slopes exceeding 25%. If the slopes are within the building envelope, the applicant must apply for and obtain Sensitive Lands Review (SLR) approval for the alteration of slopes exceeding 25%. Staff contact, Julia Hajduk (639-4171 x407). 6. Submit and receive approval for an erosion control plan for alteration in the drainageway. Staff contact, Julia Hajduk (639-4171 x407). 7. Prior to final plat approval, obtain Department of Sensitive Lands (DSL) approval for wetland mitigation. Staff contact, Julia Hajduk (639-4171 x407). 8. Obtain necessary permit approvals prior to any construction of the road within the drainageway. 9. Prior to approval of the final plat, a public improvement permit and compliance agreement is required for this project. Six (6) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit ten (10) sets of revised drawings and one (1) itemized construction cast estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. PLANNING COMMISSION FINAL ORDER NO. 9M8 PC (From 8117/98 Public Nearing) PAGE 2 OF 36 SUB 98-31PDR 984/MIS 98-6NAR 98-4/SLR 98-5 - HILLSHIRE CREEK ESTATES #4 SUBDIVISION 10. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. 11. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. 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 construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 12. The applicant's plan shall be revised to show the name of the minor collector street as "SW Mentor Lane'", not "SW Old Mentor Lane." 13. The applicant's plan shall be revised to rename the north/south cul-de-sac. It shall not be named "SW Mentor Lane". The word "Mentor" shall not be used in this street name. 14. The applicant shall construct a 3/4-street improvements along the frontage of SW Mentor Lane to meet the City's minor collector street standards. The improvements adjacent to this site shall include: A. From the north property line to the proposed intersection with SW Fern Street: City standard pavement section from curb to centerline equal to 1 feet plus and additional 8 feet of pavement section on the west side of the street centerline; B. From the proposed intersection with SW Fern Street to the western boundary of this site: City standard pavement section from curb to centerline equal to 20 feet plus and additional 8 feet of pavement section on the west side of street centerline; C. 3-foot gravel shoulder adjacent to the western, non-curbed pavement edge; D. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; E. concrete curb; F. storm drainage, including any off site storm drainage necessary to convey surface and/or subsurface runoff; G. 5-foot concrete sidewalk; M. street striping; 1. streetlights as determined by the City Engineer; J. underground utilities K. street signs; L. driveway aprons (if applicable); and M. adjustments in vertical and/or horizontal alignment to construct SW Mentor Lane in a safe manner, as approved by the Engineering Department. 15. The applicant shall dedicate additional right-of-way for SW Mentor Lane within the project boundary in accordance with a centerline alignment approved by the City Engineer. The dedication shall accommodate and overall right-of-way width for this roadway of 60 feet (0 feet each side of approved centerline). PLANNING CCtWMISSION FINAL ORDER NO. 98-08 PC (From HM WI i Public Hearing) PAGE 3 OF 36 SUB 98-3/PDR 98-11MIS 98.61VAR 98-4/SLR 98-5 - HILLSHIRE GREEK ESTATES #4 SUBDIVISION 16, At the location of the horizontal curve in SW Mentor Lane, where the roadway improvements must deviate from the existing right-of-way, the applicant shall dedicate sufficient right-of way to provide for the 3/4-street improvements that are required as a condition of approval. 17. If the developer for the Scholls Meadows Phase 2 project submits a land use application for Phase 2 prior to construction of this project, the applicant should coordinate with that developer to explore an alternate horizontal curve of SW Mentor Lane that may benefit bath projects. If an alternate alignment is proposed, it shall be accepted by the City prior to construction of this project. In addition, the applicant will need to work with the Planning Department for approval of any minor modifications to the lot layout. 18. The applicant shall construct a /4-street improvement in SW Mentor Lane, from the north boundary of this site to the nearest paved improvement of Mentor Lane adjacent to the Scholls Meadows project. The improvement shall be designed and constructed to meet the City's minor collector street standard. The improvements in this section shall include: A. City standard pavement section from curb to centerline equal to 18 feet plus and additional 8 feet of pavement section on the west side of the street centerline B. 3-foot gravel shoulder adjacent to the western, non-curbed pavement edge C. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage D. concrete curb E. storm drainage, including any off--site storm drainage necessary to convey surface and/or subsurface runoff F. 5-foot concrete sidewalk U. street striping H. streetlights as determined by the City Engineer 1. underground utilities J. street suns K. adjustments in vertical and/or horizontal alignment to construct S Mentor Lane in a safe manner, as approved by the Engineering Department. I 19. The applicant shall obtain the offsite right-of-way for the cul-de-sac bulb at the end of "A" Street prior to approval of the final plat. If the applicant can not obtain the necessary offsite right-of-way, they shall dedicate said right-of-way within the subject site. 20. A cul-de-sac bulb meeting City standards shall be constructed at the end of proposed "A" Street unless the applicant or any other party has submitted a land use application for development of the adjacent property to the east that shows that "A" Street should and can be extended further east to serve additional lots. Any land use application submitted with that indication would need to be in review by the City prior to construction of this project, or else the applicant will be required to construct the bulb. If the bulb can not be constructed on the adjacent parcel due to the inability to acquire the offsite right-of-way, the applicant shall construct the bulb within the subject site. i i i PLANNING COMMISSION FINAL ORDER NO.9MB PC (From 8177,9!3 Public I icarfnn) PAGE 4 OF 36 I SUB 98=3/PDR 98-41MIS 98-61VAR 98-41SLR 98-5 - HILLSHIRE CREEK ESTATES 9t SUBDIVISION 29. The north/south local residential street, shown as a cul-de-sac named "S Menlor Lane" on the preliminary plait, shall be stubbed to the south boundary of this site for future extension, and not terminated in a bulb. 2. Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. 23. A profile of SW Menlor Lane and the proposed north/south local street shall be required, extending 300 feet either side of the subject site showing the existing grades and proposed future grades. 24. 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. 25. 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 CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street. The applicant shall submit a copy of the CC&R's to the Engineering Department (Brian Rager) prior to approval of the final plat. 26. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed open space tracts will be jointly owned and maintained by all property owners in the subdivision. 27. 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 open space tracts. The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street and open space tracts. The applicant shall submit a copy of the CC&R's to the Engineering Department (Brian Rager) prior to approval of the final plat. 28. The pavement and rock section of the proposed private street shall meet the City's public street standard for a local residential street. 29. The public improvement plans shall indicate a revised layout for the proposed shared driveways can SW Menlor Lane. Any driveway proposed shall meet both of the following criteria: A. Each driveway shall serve at least two residential units; and B. Vehicles exiting the lots must be able to turn around and easily pull forward onto SW Menlor Lane. PLANNING COMMISSION r 1NALORDER NO.98-OB PC (From 8/17!'),'3 Puh!:c i li .r"nrI) PAGE 5 of 36 SUB 98-3/PDR9841MIS 98&6NAR 984/SLR 98-5 - HILLSHIRE CREEK ES rA i C#4 SUBDIVISION 30. The public improvement plans shall indicate that the main water line in SW Menlor Lane will be intertied with the main line that presently terminates at the south end of the Menlor Lane improvements constructed as a part of Scholls Meadows Phase 1. 31. Any extension of public water lines shall be shown on the proposed public improvement construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the public improvement plans from the Engineering Department and construction of public water lines. 2. Sanitary sewer and storm drainage design and construction plans shall be reviewed and approved by Unified Sewerage Agency. Prior to issuance of the City's public improvement permit, the applicant shall submit evidence that they have obtained USA approval for construction of these systems. 3. The applicant shall submit to USA a hydraulic and hydrological analysis of storm conveyance. If downstream storm conveyance does not have the capacity to convey the volume during a 5-year, 24-hour storm event, the applicant is responsible for mitigating the flow as provided in R&O 96-44 (Unified Sewerage Agency's Design and Construction Standards, July 1996 edition. 34. Final design plans and calculations for the proposed public water quality facility shall be submitted to USA as a part of their site permit review. Maintenance access reads shall be provided to each facility that will meet USA standards. 35. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994," 36. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of the lots, and show that they will be "pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code (UBC). 7. The applicant shall provide a geote hnical report, per Appendix Chapter 3 of the UBC, for the proposed grading slope construction. The recommendations of the report shall be incorporated into the final grading plan. A final construction supervision report shall be filed with the Engineering Department prior to issuance of building permits. 38. The applicant shall obtain a 1200-Q General Permit issued by the City of Tigard pursuant to (SRS 468.740 and the Federal Clean Water Act. 39. 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. PLANNING C0,MMISSION FINAL ORDER NO, 9MB PC (Frarn G 17/98 Public Hearing) PAGE Fi OF 36 SUB 98-31PDR 98-4)MlS 98-6NAR 98A/SLR 98-5 - HILLSHIRE CREEK ESTATES $9 SUBDIVISION 40. The applicant shall either place the existing overhead utility line along SW Menlor Lane underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the amount will be $13,475. and it shall be paid prior to approval of the final plat. 41. Final Plat Application Submission Requirements: A. Submit for City review three paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. 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. C. The right-of-way dedications for all proposed streets shall be made on the final plat. D. NOTE: Washington County will not begin their review of the final plat until they receive a letter from the City Engineering Department indicating: 1. That the City has reviewed the final plat and submitted comments to the applicant's surveyor; and 2. That the applicant has either completed any public improvements associated with the project, or has at least obtained the necessary public improvement permit from the City to complete the work. E. Once the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer's signature. PRIOR TO THE ISSUANCE OF BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:. (Unless otherwise noted, the staff contact shall be Brian Rager with the Engineering Department at 503-+639-4171.) 42. Re-plant any area where vegetation has been removed as a result of work in the drainageway prior to obtaining building permits. Staff contact, Julia Hajduk (639-4171 x407). 4. Prior to issuance of building permits, the applicant shall construct the recommended tree protection measures prior to commencement of construction. Staff contact. Julia Hajduk (639-4171 x 407). 44. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision plat. 45. Prior to issuance of any building permits within the subdivision, the public improvements shall be deemed substantially complete by the City Engineer. Substantial completion shall be when: A. All utilities are installed and inspected for compliance, including franchise utilities; B. All local residential streets have at least one lift of asphalt; C. Any off-site street and/or utility improvements are completely finished; and D. All street lights are installed and ready to be energized. PLANNING COMMISSION Fi Q;~L ORDER NO, 98-08 PC (From W17r0.g P(blic He 'irk) PAGE 7 OF 36 SUB 98-31PDR 9841MIS 98-6NAR Uc141SLR 96-5 - HILLSHIRE CREEK STAi LS x;= 4UBDIVISION PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS, THE FOLLOWING CONDITION SHALL BE SATISFIED. (Unless otherwise noted, the staff contact shall be JULIA POWELL HAJDUK with the Planning Division at 503-639-4171.) 46. All site improvements installed as per the approved plans. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE, THIS IS NOT AN EXCLUSIVE LIST. 18.160.170 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. 18.160.180 Bond: As required by Section 18.160.170, 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. 18.160.190 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. PLANNING G(D1,'L41SSI0P4 FINAL ORDER NO. 9M8 PCIFrom 8117i i Fug) i;; Hea inn) PAGE 8 OF 36 SUB 98-3/PDR 984JMIS 98-61VAR 98-41SLR 98-5 - HILLti I dR1 C.RE -K [::'5I , I i S $9 SUBDIVISION E Upon final recording with the County, the applicant shell submit to the City a mylar copy of the recorded final plat. 18.162.080 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 M©NUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.560, 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 paints, 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 paints, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.164 Street & Utility Improvement Standards: 18.164.120 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. 18.164.130 Cash or Bond Required All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year fallowing 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. PL MI ING COr-11VISSION FINAL ORDER NO. 98-04 PC (From 8117198 Public Henrin_ry) PAGE 9 OF 36 SUB 93-9IPDR 98-4/hAIS 98-61VAR 984/SLR 98-5 - HILLSHIRE GRLCK LS r. tl LS :t 4 SUBDIVISION The cash or bond shall comply with the terms and conditions of Section 18.160.180. 18.104.158 Installation: Prereauisrte/Permit Fee No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. 18.164.180 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. 18.164.2010 Engineer's Certification Required The land divider's engineer shall provide written certification of a form provided by the City than 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 fib MONTHS FROM THE EFFECTIVE DATE OF THIS REPORT. SECTION III. BACKGROUND INFORMATION Site History: These lots are outside the Tigard City limits but within the City's Urban ;services Area. In July 1007, the City of Tigard began processing applications for development within the Urban Services Area. No development applications were found to be on file with the City for these properties. Vicinity Information: All surrounding properties are outside the City limits, within the Urban Services Area and zoned R-7. The property to the north has been developed a part of Hillshire Creek Estates Property to the west has received approval from Washington County for a single-family subdivision. Properties to the south and east are large parcels that are a combination of undeveloped land and single-family residences. Site Information and Proposal Description: The subject site includes one (1) primary lot with two additional lots involved in the lot line adjustment. The total acreage involved in the subdivision, after the lot line adjustment is 14.03 acres. The site has significant slopes, wetlands and a drainage way. The proposal is to construct a Planned Development to reduce the impact on the natural areas and mitigate some of the existing wetland. The proposal also involves several variances. The subject site is currently undeveloped. The proposal is to create a total of 64 lots in a Planned Development. The proposal also involves variance requests to allow an approximately 431-foot long cul-de-sac and a 409-foot street with a temporary turn-around (with potential for extension terminating in a cul-de-sac in the future), whereas, the Tigard PLANNING COMMISSION Fit IAL ORDER NO. 9,9-0h PC (Fmrn 8/17/98 Public Hearing) PAGE 107 OF 36 SUB f)Et-3(PDR 98-4/MIS 98•6NAR 98 4/SLR 98-5 - HILLSHIRE GREEK ESTATES #4 SUBDIVISION Community Development Code states that the maximum cul-de-sac length shall be 400 feet; and a second variance request to allow 26 lets to take access from a cul-de-sac (SW "A" Street), whereas, the Code states that the maximum number of lots permitted to take access from a cul-de-sac shall be 20. The proposal also involves SLR to allow alteration of a drainageway to allow the construction of a road. The applicant has proposed street names which staff has concerns about. The issue of street names will be discussed in detail under the PUBLIC FACILITY CONCERNS section of this report. For the purposes of this report, staff will refer to the street names proposed on the plans within this report. Vie ,fPiatining Commission heCdf a Tu6fic ,fearing on „,august 17, 1998 at 7 3 . Af-ter receiving testimony from staff f the appl'ant and citizens, the Tfanning Commission voted to approve the Subdivision Eased on f indings and Conditions o, f Approvaf contained witfiin this staff report with a, fe u minor cfanges. 9fie cftanges involved the addition of Condition #7 and clati cation revisions to Conditions #15 and #16. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Impact Study: Section 18.32.050 states that the applicant shall provide an impact steady to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Section 18.32.250 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in read property to be transferred is roughly proportional to the impact the proposed development will have on the public. Any required street improvements to certain collector or higher volume streets and the Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan illResolution 95-61, TIF's are expected to recapture 32% of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for each trip that is generated is $189. The total TIF for an attached, single-family dwelling is $1,899. "SW Old Menlor Lane" is dedicated but will be re-aligned slightly. The applicant is being required to improve the re-aligned right of way to extend SW "SW Old Menlor Lane," which is classified a a minor collector. Additional right-of-way is being dedicated, however, that is for the sole purpose of serving the proposed development and is therefore not reviewed in this proportionality analysis. The approximate square feet of W Old Menlor Lane being improved is 27,000 square feet. The Engineering Department has estimated the cost of full street improvements to be approximately $300 per lineal feat. Assuming a cost of $300 per linear foot, it is estimated that the total cost of the full street improvement for Menlor Lane is $135,000 (450 feet x $300). Upon completion of this development, the future builders of the residences will be required to pap TIF's of approximately $119,637 ($1,899 x 63** dwelling units). Based on the estimate that total TIF fees cover 32% of the impact PLANNING COMMISSION FINAL. CRDER NO. r)8-06 PC (Fro:.t 817/9$ public He ring) PAGE 11 OF 36 SUB 98-31POR 984/MIS 98-6NAFR 9aA/SLR 98-5 - HILLSHIRE CREEK ESTATES #t4 SUBDIVISION on major street improvements citywide, a fee that would cover 100% of this projects traffic impact is $373,865 ($119,637 divided by .32). The difference between the TIF paid and the full impact, is considered an unmitigated impact. Since the TIF paid is $119,637, the unmitigated impact can be valued at $254,228. Given these estimates ($135,080 improvement cost for Menlor Lame), the conditions of approval are more than roughly proportional to the impacts. In addition, the applicant has concurred with the construction on SW Old Menlor Lane as well as the streets intended to serve the development. PRELIMINARY SUBDIVISION PLAT APPROVAL STANDARDS Subdivision Design: Section 18.160.060(A) contains standards for subdivision of parcels into four or more lots. To be approved, a preliminary plat must comply with the fallowing criteria: The proposal must comply with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations. As will be discussed further in this report under APPLICABLE CODE SECTIONS, the proposed subdivision complies with the Comprehensive Plan Map's Medium Density Residential opportunity for the site, as well as, with the applicable policies and regulations of the R-7 zone and other applicable ordinances and regulations of the Tigard Development Cade. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. The applicant has not provided evidence of the ;subdivision name reservation from Washington County. However, because the proposed name of the subdivision, "Hillshire Creek Estates #4", is a fourth phase on an existing platted subdivision, staff expects that this name is adequate and not duplicative of any other plat recorded in Washington County. Streets and roads must be laid out so as to conform to the plats of subdivisions and maps of partitions or subdivisions 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. Street and connectivity standards are discussed in more detail further in this report. An explanation has been provided for all common improvements. The applicant has provided an explanation for all common improvements including the provision for public services such as sewer, water, drainage and street improvements. Therefore, this criteria has been satisfied. The improvements are discussed in detail and conditions applied, if necessary, further in this report. FINDING: Based on the above analysis, staff finds that the subdivision plat approval standards have either been met outright, do not apply or are discussed and conditioned in further sections of this report. PLANNING COMMISSION FINAL ORDER No, OM8 PC (From Lt.17iS ] Fu',l c W:aRng) PAGE 12 OF 36 SUB 98-31PDR 9841MI5 98-6/VAR 964/SLR 98-5 - HILLSHiRE CREEK ESTATES t<<, SUBDIVISION j APPLICABLE TIGARD DEVELOPMENT CODE STANDARDS Dimensional Requirements and Development Standards (Section 18.52); Section 98.52 states that the minimum lot area for each single-family lot in the R-7 zoning district is 5,000 square feet and the minimum lot width requirement is 50 feet for detached units and 40 feet for attached units. The following dimensional requirements must be met: Minimum lot size 5,000 Square Feet Average lot width 50 Feet/40 feet Front setback 15 Feet Garage setback 20 Feet Interior side yard setback 5 Feetf 0 feet for attached Corner side yard setback 10 Feet Rear setback 15 Feet Maximum building height 35 Feet Maximum sitecoverage 80% Minimum landscaping 20%Q While the dimensional standards apply to the R-7 zone, the applicant has applied for Planned development approval which allows for smaller lot sizes provided the overall development does not exceed the density. In accordance with the Planned Development standards, the front and rear yard setbacks for structures on the perimeter of the project shall be the same a required in the base zone. For interior lots, the side yard setback does not apply, and the front and rear yard setbacks shall not apply except a minimum 20-foot setback is required for any garage structure facing a street or a minimum front yard of 8 feet for any garage opening for an attached single-family dwelling facing a private street provided required off-street parking is met. The applicant has not provided typical building footprints, however, each lot will be reviewed during the building permit phase to insure compliance with the applicable setbacks. FINDING. Because the proposal involved a planned development which allows for flexibility of standards and the individual buildings will be reviewed for compliance with applicable setbacks at time of building permit review, this standard has been met. Applicable Comprehensive Plan Policies Citizen Input: Policy 2.9.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. Policy 2.1.1 is satisfied because a neighborhood meeting was held by the applicant on December 23, 1997. Notice of the public hearing was provided to owners of property within 250 feet and was published in a newspaper of general circulation. Housing Needs: Policy 6.1.1 states that the City shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. Policy 5.1.1 is satisfied because it continues to allow for medium density residential development. By providing for a planned development, the development is better utilizing a difficult (due to slopes and wetlands) property and by providing for attached units the development is better meeting the City's density needs, and thus contributing to the diversity of housing. FINDING: The proposal has satisfied the applicable Comprehensive Plan Policies. PLANNING COMMISSION FINAL. ORDER NO, 98-08 Pc (From 8/17/98 public Hearing) PAGE 13 OF 36 SUS 98-3/PDR 9841MIS 98.6NAR 9841SLR 98-5 - HILLSHIRE GREEK ESTATES #4 SUBDIVISION Sensitive Lands: Section 18.84 defines sensitive lands and provides standards for review of properties with sensitive lands The site has a drainageway, wetlands, and slopes in excess of 25%. The wetlands are not on the City's inventory of significant wetlands (because it is outside City limits) however this area is identified as having significant natural resources in Washington County's Bull Mountain Community Plan. It is staff understanding that Coal significant resources are identified in the Area of Special Concerns on the Bull Mountain Community Plan. The area is included in the Area of Special Concern #2 in the Bull Mountain Community Plan. There is no mention of significant wetlands in the Area of Special concern 2, therefore it is staffs understanding that there are no goal 5 protected resources in this area. The City's Sensitive Lanes Review (SLR) is only required for non Jurisdictional wetlands and/or wetlands identified as significant on the Comprehensive Floodplain and Wetland Map. Based on this, sensitive lands review for the wetland mitigation is not required, only jurisdictional approval is necessary.. The drainageway runs through the properly and must be altered slightly to accommodate construction of Fern Street. The SLR standards are discussed further in this section. The applicant does not propose any alterations in a 150 year floodplain or floodway. The applicant has not addressed the SLR criteria for steeps slopes. Staff is uncertain whether development will impact slopes over 25%. Portions of several lots has slopes over 25%, however no building footprints were provided therefore, staff can not determine whether SLR for steep slopes is required and/or met. Prior to final plat, the applicant must provide building footprints for all lots adjacent to the slopes exceeding 25%. If the slopes are within the building envelope, the applicant must apply for and obtain approval for SLR for the alteration of slopes exceeding 25%. Alteration of Drainageways 18.84.040.C states that the, appropriate review authority shall approve or approve with conditions a SLR request for alteration of a drainageway based on the following criteria: The extent and nature of the proposed land farm alteration or development will not create site disturbances to an extent greater than that required for the use; The applicant has proposed to impact the drainageway in order to construct SW Fern Street. The alteration will not create disturbances greater than required to construct the street. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; The applicant has not provided an erosion control plan. They have stated, however, that one will be submitted prior to the beginning of any work within the drainageway. This will address erosion, stream sedimentation, ground instability or other adverse effects or hazards. This study will be a condition of approval. The water flow capacity of the drainageway i not decreased; The applicant has provided calculations that indicated the proposed channel impacts will not decrease the flow capacity of the drainageway. i PLANNING COMMISSION FINAL ORDER NO. 9M8 PC (From 8117198 Public Hunting) PAGE 14 OF 36 SUB 98-31PDR 9841MIS SMNAR 9841SLR 98.5 - HILLSHIRE CREEK ESTATES #4 SUBDIVISION Where natural vegetation has been removed 'due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with 18.100, Landscaping and Screening; The applicant has indicated that this will be met. A condition will be the replanting prior to obtaining building permits. The drainageway will be replaced by public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Mater Drainage Plan; The impacted drainage has been designed to accommodate the maximum flow in accordance with the adopted 1981 Master Drainage Plan. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State lands approvals shall be obtained; and The applicant has indicated that the necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals will be obtained prior to construction. This will be required as a condition of approval and construction. Where landform alterations and/or development are allowed within and adjacent to the 100 year floodplain, the City shall require the 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 is not proposing any alterations to a designated floodplain area, therefore this standard does not apply. FINDING: Based on the above analysis, staff can not find that the SLR criteria for drainageways and steep slopes has been met. If the applicant meets the conditions listed below, staff can determine that the criteria have been satisfied. CONDITIONS: 1. Prior to final plat, the applicant must provide building footprints for all lots adjacent to the slopes exceeding 25%. If the dopes are within the building envelope, the applicant must apply for and obtain SLR approval for the alteration of slopes exceeding 25%. 2. Submit and receive approval for an erasion control plan for alteration in the drainageway. 3. Re-plant any area where vegetation has been removed as a result of work in the drainageway prior to obtaining building permits. 4. Obtain necessary permit approvals prior to any construction of the road within the drainageway. Solar Access - Section 18.88.040 states that the solar access design standard shall apply to applications for a development to create lots in R-1, -2, R-3.5, R-4.5, and R-7 zones and to create lots for single-family detached and duplex dwellings in all other residential zones. Section 18.88.040(C)(1) contains solar access standards for new residential development. A lot meets the basic solar access lot standard if it has a PLANNING COMMISSION FINAL ORDER NO. 9"8 PC (From 8/17!1-18 PuLlic I14aring) PAGE 15 OF 36 SUB 98-31PDR 9841MIS 98-6NAR 98-4t5LR 98-5 - HILLSHIRE CREEK ESTATES 44 SUBDIVISION north-south dimension of 90 feet or more and has a front lot line that is oriented within 30 degrees of a true east-west axis. A subdivision complies with the basic requirement if 80% or more of the newly created parcels meet this standard. The applicant has not provided information on how the development complies with the Solar Access standards. As depicted on the plan, 46% of the lots satisfy the basic criteria. FINDING: Because only 46% of the lets meet the basic design standard and the applicant has not indicated how the Solar Access standard are met or exempt, this standard has not been met. If the applicant provides a narrative that states how an additional 34% of the lots either can meet another Solar Access Standard (Protected Solar Building Line Option or Performance option) or states how the lots are exempt from the Solar Access standards, this standard will be met. CONDITION: Provide a narrative that states how an additional 34% of the lets either can meet another Solar Access Standard (Protected Solar Building Line Option or Performance option) or states how the lots are exempt from the Solar Access standards Density: Section 18.92.020 contains standards for determining the permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area, excluding sensitive lands, land dedicated for public roads or parks, or for private roadways. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. The gross area of the site is 14.03 acres (611,146.8 square feet). The net developable area of the site, after deduction of 2.1 acres (91,672 square feet) for public right-of-way, .32 acres (14,110 square feet) for private streets and 5.5 acres (241,503 square feet) for sensitive Lands, is 6.05 acres (263,362 square feet). With a minimum of 5,000 square feet per lot, this site yields an opportunity for up to 52.77 lots under the -7 zoning designation. The applicant has requested the density transfer option be applied to allow for some of the density lost due to sensitive lands to be transferred to the buildable portion of the site. The TDC permits transfer of 25% of land defined as sensitive due to floodplain, steep slopes and Drainageways. The applicant has included wetlands in their calculations. They indicated that wetlands were included in the calculations because the land is within Washington County which permits wetlands to be included in the transfer. Staff does not concur with this argument as this area is in the City's Urban Services area and is now regulated by the TDC. As previously stated, the TDC does not permit wetlands to be included in the density transfer calculations. The transfer amount of sensitive lands not including wetlands is 208,600 square feet. Based on this number, the transfer amount is 10.43 lots (203,600 divided by 5,000 x .2 10.43). The maximum number of lots, therefore, is 63 (52.77 -r 10.43). The applicant must revise the plan to show only 63 lots. FINDING: Based on the analysis above, the plan exceeds the density of the site by one lat. In order to meet the density, the plan must be revised to include only 63 lots instead of 64. CONDITION: Revise the plan to show only 63 lots. i PLANNING COMMISSION FINAL ORDER NO. 98-08 PC (From 8117/98 Public Hearing) PAGE 16 OF 36 SUB 98-WPDR 9841MIS 9MNAR 984/SLR 98-5 - HILLSHIRE CREEK ESTATES #4 SUBDIVISION Landscaping and screening {Section18.100) Landscaping: Section 18.100 contains landscaping standards for new development. The applicant must comply with the standards set forth in Section 18.100.035 which requires that all development projects fronting on a public or private street, or a private driveway more than 100 feet in length plant street trees. Section 18.100.035(8) states the specific spacing of street trees by size of tree shall be as follows: 1. Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall be spaced no greater than 20 feet apart; . Medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be spaced no greater than 30 feet apart; 3. Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 40 feet apart. Street trees are shown to be planted along the newly constructed public streets. The trees shown on sheet 12, the streetscape plans, shows Red Maple trees will be planted every 30 feet. According to the Western Garden Book, Red Maples meet the definition of medium trees, therefore the proposed tree spacing meets the required tree spacing standards. Buffer Matrix: Section 18.100.130 contains the buffer matrix to be used in calculating widths of buffering and screening to be installed between proposed uses. The /Matrix indicates that where detached single-family abuts detached single-family structures, there is no required buffer and screening. This criteria is satisfied as buffering and screening is not required where single-family residential development abuts single-family residential development. FINDING: Staff finds that, as proposed, the plan meets the landscaping and screening standards. Landscaping for a Planned Development and/or individual lots will be discussed further in this report. Visual Clearance Areas (Section 18.106): Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of- ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right-of-way and the driveway and then connecting these two 30=foot distance points with a straight line. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. The height is 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. This standard will be reviewed at time of development for individual lots. The street trees at the intersections of all streets appear to be in the vision clearance triangle. A revised plan must be submitted that shows the vision clearance triangles will be in compliance with the standards of the Tigard Development Cade. FINDING: As proposed, staff can not determine if the vision clearance standards have been met. If the applicant submits a revised plan that shows the vision clearance triangles at the intersection will meet the standards of 18.106, this criterion will be satisfied. PLPM1JING CONOJISSION FINAL ORDER N'0 93-08 PC {Form 8117/98 Public Fearing} PAGE 17 OF 36 SUB 98-2,POR HAMS 98-61VAR 98,1,'SLR 98-5 - HILLSHIRE CREEK ESTATES 94 SUBDIVISION CONDITION: Submit a revised plan that shows the vision clearance triangles at all intersections will meet the standards of 18.106 Off Street Parkin Section 18.1061: Section 18.106.030.(A) states that each lot is required to provide 2 off-street parking spaces. Review for compliance with parking standards will be reviewed during building permit review for the individual lots. Access, Egress and Circulation (Section 18.108.070.A1: This Section states that the minimum driveway required for each lot shall be 15 feet with 10 feet of pavement width. Section 1.108.070.A states that the minimum access width shall be 25 feet and the minimum pavement width shall be 0 feet for private streets serving between -6 lots. Compliance with individual lot driveway widths shall be reviewed at the time of building permit Plan Check. The plan shows the private drive will provide the required 25-foot access width. The private drive will be discussed in more detail further in this report. Emergency vehicle turnaround; Section 18.108.070.0. states that access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by a hammerhead configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet. The proposed design of the private street exceeds 150 feet in length. The proposed turn-around meets the recommended emergency vehicle standards. The public streets which dead-end (SIN Fern and SW Menlor Lane) are longer than 150 feet but provide required turn-arounds and thus rneet the standard. The streets and tum-grounds are discussed in more detail under PUBLIC FACILITY CONCERNS and Variance Criteria. FINDING: Staff finds that, as proposed, the Access, Egress and Circulation standards have been met. Additional review may be required at time of building permits to insure that individual driveways are in compliance. Tree Removal Chapter 181501: Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a subdivision application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. An existing conditions plan has been submitted with this application which identifies the trees on the property. The plan does not indicate the size of each tree. A table was prepared whirr shows the impacted and unimpacted trees 6" in caliper and over. Mitigation is only required based on the percent of trees over 12" in caliper being removed. Staff subtracted the trees under 12„ from the table for a total of 263 trees 12" and over. Of these 263 trees, 90 will be removed, or 34% of the trees over 12-inch caliper will be removed (6% being retained). Retainage of 50-75%0 of trees requires 50% mitigation. The total caliper inches being removed is 1464, therefore, mitigation of 732 caliper inches is required. i PLANNING COMMISSION FINAL ORDER NO. 98-08 PC (From 8117/98 Public Hearing) PAGE 18 OF 36 3 SUB 98-31PDR98 IMIS98.61VAR98AISLR98-5 - HILLSHIRE CREEK ESTATES #4 SUBDIVISION The applicant has indicated they will mitigate these trees by planting new trees in the creek corridor and buffer area to increase vegetative structure and diversity. Prior to final subdivision plat approval, the applicant must provide the exact number of caliper inches removed and complete the mitigation by planting or bonding for the required trees. If the final number of trees retained is less than 75%, the applicant must comply with the corresponding mitigation requirements. The applicant must provide a detailed planting plan showing the size and location of mitigation trees being planted. Section 18.150.045.1 states that any tree preserved or retained in accordance with this section may, thereafter, be removed only for the reasons set out in a tree plan according to Section 18.150.025 or 18.130.8., and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit impacted by this section to the effect that such tree(s) may be removed only if the tree dies or is hazardous according to a certified arborist. The applicant has not proposed a deed restriction for trees to be retained.. In order to comply with these standards, prior to the recording of the final plat, the applicant shall record a deed restriction for those trees that are to be preserved. FINDING: Because staff does not have a final tree removal plan, detailed mitigation planting plan or assurances that trees preserved will be retained after this approval, staff" can not determine that the tree removal standards have been met. If the applicant complies with the conditions listed below, the tree removal standards will be satisfied. CONDITIONS: 1. Prior to Final Plat approval, provide the exact number of trees over 12 inches and the caliper inches removed; 2. Provide a detailed planting plan showing the location and size of trees planted to satisfy the mitigation standard; and 3. Record a deed restriction for those trees that are to be preserved. Street and Utility Improvements Standards: Section 18.164 contains standards for streets and utilities serving a subdivision. Improvements: Section 1.164.00(A) :states that no development shall occur unless the development has frontage or approved access on a public street and requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. The dedication and improvement standards are discussed and conditioned further in this report under PUBLIC FACILITY CONCERNS. Future Street Plan and Extension of Streets: Section 18.164.030(F) states that a future street plan shall be fled 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-sac since they are intended to continue as through streets at such time a the adjoining property is developed. PLANNING COMMISSION FINAL, ORDER NO, 98-08 PC(Fram8117l98 Public Nearing) PAGE 19 OF 38 SUB 9U-TPD[~ M Air,46 98,E VAR 9841SLR 98-5 - HILLSHIRE CREEK ESTATES #4 SUBDIVISION The applicant has submitted a future street plan which shows hew streets can be extended further in the future. The street extension issues are discussed further in this report under PUBLIC FACILITY CONCERNS. Street Alignment and Connections: Section 18.164.030(G) requires all local 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. 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. The criterion is satisfied because SW Fern and SW Old Mentor Lane align with existing roads and will be extended through this site. Southwest~Old Mentor Lane will be realigned to better accommodate the existing topography. The realignment will be discussed in detail under PUBLIC FACILITY CONCERNS. Existing (tights-of-way: Whenever existing right-of-way adjacent to or within a tract are of less than standard width, additional right-of-way shall be provided at the time of subdivision or development. Right-of-way dedication for the re-alignment of SW Old Mentor Lane is discussed in more detail further in this report under PUBLIC FACILITY CONCERNS. No other existing right-of-way runs through or is adjacent to this site. Cul-de-sacs: :section 18.164.030(K) requires that a cul-de-sac shall be no more than 400 feet long nor provide access to greater than 20 dwelling units. The applicant has requested a variance to this standard to allow SW "A" Street to have a temporary turn-around at a length of 400 feet and for Mentor Lane to have a maximum length of 431 feet and to allow more than 20 lots to access SW "A" Street which will eventually end in a cul-de-sac either at the location of the temporary tum-around or further off-site on tax lot 00400. Staff is recommending approval of the variance request for SW "A" Street but finds SW Mentor Lane can be extended further, thus avoiding a need for a cul-de-sac. The issue of the cul-de-sac variance and street extension is discussed further in this report. Private Streets: Section 18.164.030(S) states that design standards for private streets shall be established by the City Engineer and that private streets serving more than 6 dwelling units are only permitted within planned developments. This section also requires a bonded maintenance agreement or the creation of a homeowners association to provide for the continued maintenance of the street in perpetuity. The applicant is proposing more than six (6) dwelling units to take access from the private drive identified as "private drive". This is permissible as part of the Planned Development, however, outright approval of private drives is not granted. The issue of allowing the private drive will be discussed in more detail further in this report under PUBLIC FACILITY CONCERNS. i I PLANNING COMMiSSiO N FINAL ORDER NO. 9M8 PC (Pram 8117198 Public 1 iuarn7) PAGE 20 OF 36 SUB 98-31PDR 98~!/M1S 98-61VAR 98-I1SLR 98-5 ° HILLSHIRE CREEK ESTP,l ~E3 #d SUBDIVISION Black Design: Section 18.164.040(A) states that 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. Block Sizes: Section 18.164.040(B)(1) states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except: 1. Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or 2. For blocks adjacent to arterial streets, limited access highways, major collectors or railroads, or 3. For non-residential blocks in which internal public circulation provides equivalent access. The applicant has provided on the "off-site analysis plan", information on the surrounding area. They state that they meet exception 1, above, by stating "This is an infill project coupled with highly variable topography which does not lend itself to normal or desired block design. Topographical and utility characteristics (high pressure gas lines) unique to this and the neighboring site require flexibility..." Staff concurs that the existing topography on the southern portion, of the site and existing development to the north, prohibits block lengths meeting the standards. Block Lengths: Section 1.164.040(B)(2) states that when block lengths greater than 600 feet are permitted, pedestrian/bikeways shall be provided through the block. As previously stated, the existing development pattern of surrounding properties and existing topography limits the potential for street extensions. A pedestrian access could be available upon the extension of "A" Street off site. Southwest Menlor Lane will be required to be extended to the edge of the property and will include sidewalks as discussed in more detail under PUBLIC FACILITY CONCERNS. It is not feasible to provide pedestrian connection between streets within the development due to wetlands, slopes, and the water quality facility. The subdivision to the north has been developed without pedestrian connections for the development to tie into, therefore, this standard can not be applied. Lots - Size and Shape; Section 18.164.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. The Planned Development process allows flexibility in the lot size, depth and width standards. Because this is being processed as a Planned Development, this standard does not apply. Lot Frontage. Section 18.164.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley, unless the lot is for an attached single- family dwelling unit, in which case the lot frontage shall be at least 15 feet. The subdivision is intended for attached single-family dwelling units. All lots exceed the minimum 15-foot frontage requirement for attached single-family units. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. PLANNING COMMISSION FINAL ORDER NO. 9"8 PC (From 8117/98 Public Hearing) PAGE 21 OF 38 SUB 98-31PDR 984CMIS 98-81VAR 98-4/SLR 98-5 - HILLSHIRE CREEK ESTATES #4 SUBDIVISION The applicant must construct full street improvements for the new street. Standard street improvements include sidewalks. City standards do not require sidewalks on private streets. Refer to the PUBLIC FACILITY CONCERNS section for additional information on sidewalks. FINDING: Based on the above analysis, staff fads the Street and Utility Improvement Standards have either been met, will be addressed further in this report, or do not apply. Subdivision Variance - Maximum length and number of lots served by a Cul-de-sac, Community Development Code Section 18.160.120 provides standards for granting a variance as indicated in "bold" print below: (NOTE: The PUBLIC FACILITY CONCERNS Section of this report will address the streets in detail. Part of the discussion involves SW Merfor Lane. Staff has determined that it is feasible to extend SW Mentor Lane further and tie into SW Old Mentor Lane. Conditions for revision to the plan will be made accordingly. Based on this revision, staff has determined that a cul-de-sac length variance for SW Mentor Lane is not needed as a cul-de-sac will no longer be required. Staff will therefore, not address the cul-de-sac length variance criteria for SW Mentor Mane). There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated. The special circumstances that exist are the topography of the site and a high pressure gas pipeline that limits the possible extension of the public street. As discussed in the future street plan section of this report and PUBLIC FACILITY CONCERNS, SW `K Street can be extended to the adjacent lot, however, the street would still need to terminate in a cul-de-sac due to a high pressure gas pipeline located very close to the surface on that site. The property to the north was approved for development under Washington County standards without the provision of a street connection which would have allowed better access to the adjacent lot. Because of the special circumstances, the applicant has no choice but to provide a cul-de-sac. Therefore, staff Is finning that there are unusual conditions affecting this property. The variance is necessary for the proper design or function of the subdivision. As discussed in this report, limitations of providing street extensions limit the proposal to a cul- de-sac. The density permitted for this combination of lots is 63 lots. If the cul-de-sac were permitted to be no greater than 400 feet, it would limit the number of lots able to be developed and would not provide adjacent lots the ability to develop (see PUBLIC FACILITY CONCERNS). The granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to the rights of other owners of property. Granting of the variance to allow a 409-foot street with temporary turn-around (with possible longer cul-de-sac in the future) and allowing seven (7) additional lets to have access from SW "AN' Street, will not be detrimental to the public or injurious to the rights of other properties. The houses will be reviewed for fire code issues at the time of building permit review and will likely be required to be sprinklered. PLANNING COMMISSION FINAL ORDER NO. 9"8 PC (Fmm 8117t98 Public Hearing) PAGE 22 OF 36 SUB 98-31PDR 9841MiS 9MIVAR 984/SLR 98-5 - HILLSHIRE CREEK ESTATES #4 SUBDIVISION Allowing a length slightly greater than the standard does not interfere with the rights of adjoining property owners in any way. Surrounding property owners will have a better ability to continue to use their property as they currently exist or to potentially develop the properties, if the City grants the variance. The variance i necessary for the preservation and enjoyment of a substantial property right because of an extraordinary hardship which would result from strict compliance with the regulations of this title. A substantial property right is generally considered to be a right to use the property or have economic use of the land. If the regulations were strictly enforced, the property would have to develop fewer lots which would not allow for the most economic and efficient use of the land. In addition, the adherence of these regulations would prohibit development of adjacent lots which would otherwise not be developable or would have limited development potential due to inadequate access. The variance requested is the minimum necessary to preserve the full development potential of the site, allow the development of the property to a density close to the maximum permitted in the code, and provide an opportunity for adjacent lots to develop. FINDING: Based on the above analysis, staff finds that the subdivision variance criteria have been met. Planned Development: Section 18.80 allows the option for an applicant to create a more efficient, economically viable development that preserves natural land features while implementing the density range provided through the Comprehensive Plan. This type of subdivision normally permits higher density than would be passible given the minimum lot size requirement for the zoning district. The Planned Development Review is a three step process as follows. 7. Approval of a planned development overlay zone; 2. The second step is the approval of the planned development concept plan; and 3. Approval of a Detailed Development Plan is also required.. The applicant has applied for a Planned Development Overlay as a Zone Change with this application to comply with the first step. The applicant has also requested Conceptual Planned Development approval with this application to comply with the second step. Because this application is for a subdivision, Section 18.80.015(E) allows the Conceptual and Detailed portions of the Planned Development Review to be consolidated as is proposed through this action to comply with the third step. Section 18.80.120 (Planned Development Review - Approval Standards) requires that a development proposal be found to be consistent with the various standards of other Community Development Code Sections. The applicable criteria in this case are Chapters 18.32, 18.50, 18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.134, 18.350, 18.160 and 18.1+64. The proposal's consistency with these sections has been reviewed within this report. The Planned Development Code Section 18.80.060 lists approval criteria for Planned Development applications. A Planned Development shall be allowed on all lands shown on the Comprehensive Plan Map a developing. PLANNING COMt'OSSION FINAL ORDER NO, 9"8 PC (From £117193 Public Hearing) PAGE 23 OF 36 SUB 98-31PDR 98-4/MIS 98-WAR 98- 1SLR 915-5 - HILLSHIRE CREEK ESTATES #f4 SUBDIVISION This site is outside of the city limits but within the Urban Services Area. Because of its location; it is not included on the City's Comprehensive Plan Map. This site, however, more closely meets the definition of a Developing Area than an Established Area according to Section 18.138.020. Section 18.80.120(A)(3) provides specific review standards for Planned Development which have been addressed below. The following standards have been addressed previously in this report: 18.80.120.A.3.f (Access and Circulation). Many of the Planned Development standards do not apply because the development is for a single- family subdivision as opposed to a multi-family or commercial development. Because certain standards do not apply to this development, they will not be discussed in this report. The inapplicable standards are : 18.80.120.A.3.c (Privacy and noise), 18.80.120.A.3.d (Private outdoor area: Residential Use), 18.80.120.A.3.e (Shared outdoor recreation areas: Residential use). Relationship to the natural and physical environment: 1. The streets, buildings, and other site elements shall be designed and located to preserve the existing trees, topography, and natural drainage to the greatest degree possible; 2. Structures located on the site shall not be in areas subject to ground slumping and sliding; 3. There shall b adequate distance between on-situ buildings and other on-site and off-site buildings on adjoining properties to provide for adequate light and air circulation and for fire protection; 4. The structures shall be oriented with consideration for the sun and wind directions, where possible and 5. Trees with a six inch caliper measured at four feet in height from ground level, shall be saved where possible; The site has been designed to have minimal impacts on slopes, wetlands and drainageays. 64% of the existing trees over 12 inches in caliper will be retained. Structures have been planned on areas of the sight having the least slopes and geotechnical reports will likely be required by the Building Division to ensure ground stability. The provisions related to adequate light and air are addressed elsewhere within this report by the requirements for the maintenance of minimum setbacks. The dwelling units will be reviewed for compliance with the Uniform Fire Code standards as part of the, building permit plan check process. Solar accessibility is addressed elsewhere within this report. The applicant has proposed to remove trees as part of this development. The tree removal and mitigation plan has been discussed in detail previously in this report. Buffering, screening, and compatibility between adjoining uses: 1. Buffering shall be provided between different types of land uses (for example, between single-family and multiple-family residential, and residential, and commercial); In addition to the requirements of the buffer matrix, the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.100: I I PLANNING COMMISSION FINAL ORDER NO, 98-08 PC (From 8117/98 Public H J) PAGE 24 OF 38 SUB 98-31POR 9841MIS 9MIVAR 984/SLR 98.5 - HILLSHIRE CREEK ESTATES «7 SUBDIVISION 1. The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; 2. The size of the buffer needs in terms of width and height to achieve the purpose; . The direction(s) from which buffering is needed; 4. The required density of the buffering; and . Whether the viewer is stationary or mobile; On-site screening from view from adjoining properties of such things as service areas, storage areas, parking lots, and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: 1. What needs to be screened; 2. The direction from which it is needed; and 3. Whether the screening needs to be year-round; Screening and buffering are not required where single-family detached residential uses adjoin other detached single-family residential uses. Landscaping and Open Space: Residential Development: In addition to the requirements of subparagraphs (iv) and (v) of section A of this subsection, a minimum of 20% of the site shall be landscaped; The Planned Development review requires that a minimum of 20% of each site be landscaped. This standard is applicable to all lots and will be reviewed at the time of building permit plan check. Public transit.. Provisions for public transit may be required where the site abuts a public transit route. The required facilities shall be based on: 1. The location of other transit facilities in the area; and 2. The size and type of the proposed development; The required facilities shall be limited to such facilities as: 1. A waiting shelter; 2. A turn-out area for loading and unloading; and 3. Hard surface paths connecting the development to the waiting area; There is no transit service located within 1/2 mile of the subject site, therefore, provision of transit facilities within this development is not required as part of this development. Signs: In addition to the provisions of Chapter 18.114, Signs: 1. Location of all signs proposed for the development site; and 2. The signs shall not obscure vehicle driver's sight distance; PLANNING COMMISSION FINAL ORDER NO.9M8 PC {From 8/17/98 Public Hea ir0} PAGE 25 OF 36 SUB 98-3/PQR 98-4/MI5 9MNAR 984/SLR 98.5 - HILLSHIRE CREEK ESTATES i;4 3Uz"DIVISION 4 d All future signage at the site will be reviewed through the sign permit process for conformance with the provisions of Chapter 18.114. Parking: All parking and loading areas shall be generally laid out in accordance with the requirements :set forth in Chapter 18.106; Each of the residences to be developed on these parcels will be reviewed during the building permit plan check process to verify the provision of required off-street parking spaces. Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.84 and the criteria in the adopted 1081 master drainage plan; The Engineering Department reviewed this application and their comments are addressed in PUBLIC FACILITY CONCERNS/Storm Drainage Section within this staff report. Floodplain Dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. This site does not adjoin areas within the 100-gear flood plain. The City recently updated park system development fees such that the fee that is currently assessed to fund planned park improvements. Park system impact fees will be assessed for each dwelling unit prior to the issuance of building permits. FINDING: Based on the above analysis, staff finds that, the Planned Development review standards either do not apply, have been met, will be addressed further in this report or will be addressed as part of the building permit plan check process. The Planned Development review standards, therefore, have been met. LOT LINE ADJUSTMENT - APPROVAL STANDARDS: Section 18.162.060 contains the following standards for approval of a Lot Line Adjustment request: An additional parcel is not created by the Lot Line Adjustment, and the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by the zoning district; An additional lot will not be created through this Lot Line Adjustment. The existing lots are currently very large {12.41, 8.88 and 2.0} and will not be reduced below the minimum lot size of 5,000 square feet required for the R-7 zone. By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the site development or zoning district regulations for that district; and i i e PLANNING COMMISSION FINAL ORDER NU. ` 3 ' Tmm 8/17198 Public Hearing) PAGE 26 OF 36 SUB 98 3/FDR C3-41MIS 98-61VAR 9841SLR 9 Hr LSHiRE CREEK ESTATES #4 SUBDIVISION The area of the lot line adjustment is within the access drives serving tax lots 00400 and 00500; there are no structures within the area to be exchanged or within the setbacks from these property lines. The resulting parcels are in conformity with the dimensional standards of the zoning district. The proposed Lot Line Adjustment is within the R-7 zoning district which requires a 5,000 square foot minimum lot size with a minimum frontage of 2 feet. The proposed parcels will be well over the lot size standards with 518,063 square feet for tax lot 00300, 357,420 square feet for tax lots 00400, and 97,050 square feet for tax lot 00500. All lots will have frontage on SW Menlor Lane in excess of the required 25 feet after all conditions of this approval have been met. FINDING: Because the resulting parcels will be in conformance with the dimensional standards of the zoning district, staff finds that these criteria have been met. SPECIAL PROVISIONS FOR LOTS CREATED THROUGH PARTITION PROCESS: Section 18.162.060 states that in addition to meeting the above standards, a Lot Line Adjustment must also meet the fallowing criteria applicable to lots created through the Minor Land Partition process: Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The required lot width for lots zoned R-7 is 50 feet. The lot widths after the Lot Line Adjustment will exceed the minimum lot width requirement. Lot Area. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. Lot area was addressed previously in this report under Lot Line Adjustment - Approval Standards. Lot Frontage. Each lot created through the partition process shall front a public right- of-way by at least 15 feet, or have a legally recorded minimum 15-foot wide access easement. Lot frontage was addressed previously in this report under Lot Line Adjustment - Approval Standards. Setbacks: Setbacks shall be as required by the applicable zoning district. The setback standards were addressed previously under Lot Line Adjustment - Approval Standards. Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side. yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. PLANNING COMMISSION FINAL ORDER NO. 98-08 PG (From 8/17/98 Public Hearing) PAGE 27 OF 36 SUB 98-31PDR 9641MIS 98-61VAR 9&_1iSLR 96-5 - HILLSHIRE GREEK ESTATES #4 SUBDIVISION a While tax lot 00400 and 00500 look like a flag lots on the County Assessor's map (narrower drive which leads to a large lot area), the actual dimensions of the access drives meet the frontage requirements, therefore, this does not :apply. Screening on Flag Lots: A screen shalt be provided alone the property line of a lot of record where the paved drive in an accessway i located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.080. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. As stated above, this standard does not apply. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. The accessways are existing and meet the current standards for access widths serving single-family residential lots. Fire protection will be looked at in more detail at time of future development of these lots. Reciprocal Easements: Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. No reciprocal easements are required or proposed for this Lot Line Adjustment. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108, Access, Egress, and Circulation. The issue of access to tax leas 00400 and 00500 is discussed, and conditioned if necessary, under PUBLIC FACILITY CONCERNS. Fooodplain: Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. Neither lot is in the floodplain, therefore, this standard does not apply. FINDING: The Lot Line Adjustment proposal meets or exceeds the Special Provisions for Lets Created through the Partition Process. PUBLIC FACILITY CONCERNS: This site lies within the Urban Services Area that is covered by the Intergovernmental agreement between the City and Washington County. This application is for preliminary plat approval for a 04-lot single-family attached planned development. The site is located south of SW Barrows Road and east of and adjacent to SW Menlor Lane (WCTM 2S1 05DA, Tax Lots 300, 400 and 500). PLANNING COMMISSION FINAL ORDER NO. 98-08 PC (From 8117/98 Public Hearing) PAGE 28 OF 36 SUB 98-3/PDR 984/MIS 98-6/VAR 984/SLR 98-5 - HILLSHIRE GREEK ESTATES 94 SUBDIVISION Streets: SW Menlor Lane This site lies adjacent to W Mentor Lane, which is a minor collector street on both the City and Washington County Transportation Plan maps. Mentor Lane has been improved in this area within the last several years as a part of neighboring subdivision developments. Staff and the applicant have discussed the further extension of Mentor Lane at length and the City expressed their concern about needing to review a proposed future extension plan for Mentor Lane further south of this site prior to approving this project. The applicant has submitted a preliminary plan and profile of Mentor Lane adjacent to this site (Sheet 8 of 12) and a proposed plan and profile of the roadway that would extend south to SW 150th Avenue near Bull Mountain Road (Sheet 1 of 1, addendum). The purpose of these plan sheets is to show how Mentor Lane will be built as a part of this development and ensure that a reasonable southern extension could be constructed south beyond this site. Staff has reviewed the preliminary plan and profiles of Mentor Lane and finds that they are reasonable with a few exceptions. First, the name shown on the applicant's plan indicates "SW Old Mentor Lane". The applicant i proposing to name the new north/south cul-de- sac in the project "SW Mentor Lane". To avoid confusion for mail service and emergency services, the name of the minor collector should remain SW Mentor Lane, and the new north/south cul-de-sac in the project should be given a completely different name. The second concern with the Mentor Lane plans is the horizontal curve that is necessary at the western edge of the project site. The old right-of-way (FEW) for Mentor Lane bends sharply to the west and farms the southeast corner of an adjacent property that has been developed as the Scholls Meadows Phase Subdivision. The applicant's street plan shows a horizontal curve of Mentor Lane at this corner that would necessitate a small ROW dedication from that adjacent Scholls Meadows Phase parcel. Staff has reviewed the Washington County land use approval for the Scholls Meadows Phasc 2 project and found that there is an open space tract at the southeast corner of that project. It is unclear at this point whether or not it is realistic that a future ROW dedication could be made from that adjacent property. Sufficient ROW must therefore be dedicated within this project to provide a 3/4-street improvement. Staff contacted the consultant working with the Scholls Meadows project, who indicated that the developer of the Scholls Meadows project will be revising the plan for Phase 2, which will require them to process a new land use application through the City of Tigard. The consultant indicated that they would be willing to look at an alternate alignment of Mentor Lane that may improve the horizontal curve radius from what can be accomplished under the subject subdivision application. Staff recommends that if the developer for the Scholls Meadows Phase 2 indeed submits a land use application to the City prior to the subject project being constructed, the applicant and the Scholls Meadows developer should work together to explore an alternate- alignment, with the idea in mind that an alternate alignment may benefit both projects and the City. Because Mentor Lane will be a newly-paved roadway, it must accommodate two-way traffic and the paved width shall be sufficient to handle such traffic. In situations like this, the City requires a minimum 3/4-street improvement, which is half of the street width plus 8 feet of pavement on the opposite side of centerline. The remaining west side of Mentor Street is already conditioned to be improved as a part of the Scholls Meadows Phase 2 project. The portion of Mentor Lane that was constructed as a part of Scholls Meadows Phase 1 was built according to Washington County's minor collector standard (Designation PLANNING CONVM1SSION FINAL ORDER NO. 98-08 PC (From 8117M Public Hearing) PAGE 29 OF 36 SUB 98-31PDR L- 3-1iMIS 9MNAR 98AISLR 9B-5 - HILLSHIRE CRLEK ESTATES #i4 SUBDIVISION C-12), which provides a 36-foot pavement width inside a 60-foot ROW. The City's standard for a minor collector requires a 40-foot pavement width within a 66-foot ROW. Staff recommends that the paved width of Menlor Lane transition into the wider City section within the boundary of this project. It appears that a good transition point would be at the proposed intersection with Fern Street. Therefore, the applicant can construct Menlor Lane from its present terminus to the proposed intersection at Fern Street with a 36-foot paved width, then construct the City's 40-foot pavement section from the Fern Street intersection to the boundary of the project. In order for the applicant to meet the City's expectation of a 3I4-street improvement, the paved width of Menlor Lane from the north property line to the intersection of Fern Street will need to be 26 feet (18 feet + 8 feet). From Fern Street to the west boundary of the site, the paved with will need to be 28 feet (26 feet + 8 feet). The applicant shall also provide a 3-foot minimum width gravel shoulder adjacent to the west edge of pavement for safety of pedestrians and vehicles. The applicant's plan will need to be revised, particularly at the horizontal curve location, because the plan only shows that approximately 18 to 20 feet of pavement can be achieved there without obtaining more ROW. Therefore, the applicant will need to either realign the configuration of Menlor Lane to provide the required 8 feet of pavement plus gravel shoulder within this project, or obtain the necessary ROW from the adjacent parcel. Gap in Mentor Lane Improvements At this time, only one of two phases of the Scholls Meadows project has been completed. Menlor Lane has been constructed up to the southern edge of Phase 1. Washington County reviewed and approved the Hillshire Creek Estates Phase 3 project, which has already been constructed and is immediately north of this site, and required Sierra Pacific to sign a waiver not to remonstrate against the formation of a Local Improvement District (LID) to improve Menlor Lane. When this new Phase 4 project is constructed, there will be a gap in the improvements of Menlor Lane of about 130 feet. This gap is adjacent to the Phase 3 project and would be a gravel surface, which is not desirable from a safety and dust nuisance standpoint. In addition, emergency services desire two options for entrances into a subdivision, and if Mentor Lane were not improved, the only other improved option would be via SW Fern Street. Therefore, since this project will add a significant number of vehicles to the street system, and since Menlor Lane will provide a necessary access into the project, and since the applicant is already obligated to participate in street improvements adjacent to Phase 3, Staff recommends the applicant be required to construct a 3T4-street improvement between the north property line of this site and the nearest paved improvements of Menlor Lane. This improvement shall be paved to a width of at least 26 feet (18 feet from curb to centerline + 8 feet on west side), and shall have the structural section of the City minor collector standard. Prooose,d,'W' Street The; local residential street labeled as "A" Street is required to be extended to the eastern boundary of this site to provide access for potential future development to the east. Staff and the applicant have discussed this street and there is some uncertainty as to whether or not the street could ever be tied into another public street to the east because of steep topography. The applicant has therefore asked for a variance to the City's cul-de-sac length standard, as the road will at least temporarily terminate at the proposed hammerhead turnaround. Engineering Staff is comfortable with the variance request and does not oppose it. i PLANNING COMMISSION FINAL ORDER NO. 98-08 PC (From 8/17198 Public Headng) PAGE 30 OF 36 SUB 98- VPDR E8-0/MIS 98-61VAR 98. ISLR 98-5 - HILLSHIRE CREEK ESTATES 94 SUBDIVISION Because of the steep topography of this site and the parcel to the east, the applicant will have a very difficult time meeting the City's maximum street gradient criteria. TDC 18.164.030(M)(1) states that a local residential street shall have a gradient of no more than 12%, but may have sections of up to 15% for no more than 250-foot lengths. The applicant's plan comes close to meeting this standard, but they have a section of 15% grade that stretches for approximately 277 feet. They have asked for a variance to the TDC standard. Staff believes the applicant has made a good faith effort to meet the standard, and since the City must require the public street to extend to the eastern boundary, Staff recommends the City grant the variance request. The applicant has proposed a temporary hammerhead turnaround at the end of A Street. They have shown the temporary turnaround to be constructed on the adjacent parcel to the east. Staff has discussed this with the applicant and explained that the applicant will need to obtain the necessary ROW from the adjacent property owner prior to construction. The hammerhead configuration is proposed because the applicant has talked about developing the adjacent property and there is a chance the street will need to be extended further to the east to provide access to more lots. If and when that occurs, the street will either extend through to connect to another public street, or it may terminate in a cul-de- sac bulb if connection is not feasible. Staff is concerned about the possibility that the adjacent parcel to the east will not develop, or at least will not develop to where A Street would be needed for access. The City should be assured that a cul-de-sac bulb will be constructed because a hammerhead configuration is not permitted by the TDC. The applicant and Staff discussed having the applicant obtain the full ROW necessary to build a bulb at the location where the temporary hammerhead is shown. In addition, the applicant would agree to construct the bulb by a date certain in the event that they find the street can not be extended further east. The City would hold onto the performance bond for this project for a given time to assure the bulb could be completed. A bond for public improvements is generally held until all of the public improvements are constructed and approved by the City. Staff recommends that the applicant be required to complete the bulb as a part of the public improvements on this project, unless the applicant or any other party has submitted a land use application for the adjacent parcel to the east prior to construction of this project, and the application indicates that it would be necessary for A Street to be extended. If the applicant or any other party has submitted a land use application that shows A Street to be extended, then the applicant will be permitted to construct the temporary hammerhead turnaround. In the event the applicant can not obtain ROW from the adjacent parcel to build the bulb, they shall construct said bulb within the subject property. Propos d Cul-de-sac to South Property Line The applicant's plan shows a proposed cul-de-sac, shown as "SW Menlor bane" on the plan, that would be extended to the south boundary of the site. The lot line adjustment proposal would allow the cul-de-sac to reach the southern boundary of Tax Lot 400. A was stated previously, the name of this street shall be changed to avoid confusion with the minor collector, Menlor Lane. Staff was contacted by the property owner of Tax Lot 201 (2S1 05DD), who is interested in developing his property in the future. This property owner raised a question as to whether or not the north/south cul-de-sac should be revised to be a stub street to the south to allow for further extension to Tax Lot 201 and possibly connection to SW Menlor Lane. It appears that topography will not be a significant issue that would prevent the street from PLANNING COMMISSION FINAL ORDER NO, 98-06 PG (From 8/17103 Pubi c Bearing) PAGE 31 OF 36 SUB 98-3/PDR 98-AJMIS 98.6/VAR 98A/SLR 98-6 - HILLSHIRL CREEK ES W LS i L5 #4 SUBDIVISION 6 being further extended, and it makes sense that the local street could provide needed access to future lots to the south. Therefore, Staff recommends that the applicant's plan be revised to show the north/south local residential street as a stub street to be extended to southern boundary of this site. For fire truck access, a turnaround is needed where a dead end street is over 150 feet in length. Staff believes that an acceptable turnaround is provided where the north/south local street intersects with the proposed private street serving Lots 174 - 185. The distance from that intersection to the likely terminus of the stub street is approximately 155 feet. Therefore, the intersection of the local street and the private street will provide a sufficient fire truck turnaround and no other temporary turnaround will be necessary. Proposed Private Street The plan proposes that Lots 174 through 185 be served from a private street. TMC 18.164.030(S) limits the number of lots to be served from a private street to a total of six (6). However, that same section provides an exception in cases where there is a planned development. The City Council recently met with Staff to discuss private streets and decided that the "aver six" exception will apply only to planned developments with attached housing units. This proposed project will contain attached units, so therefore the applicant will be permitted to serve these lots with a private street. 18.164.030(S) also indicates that the applicant shall ensure the continued maintenance of private streets by establishing a homeowners association. It is recommended that the applicant place a statement on the face of the final plat indicating the private street will be owned and maintained by the properties that will be served by it. In addition, the applicant should record Conditions, Covenants and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private street. 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. Private Driveways on Menlor Lame There are a number of private driveways being proposed on SW Menlor Lane. In previous meetings with the applicant, Staff stressed a concern with direct access from lots onto a minor collector and the fact that TDC 108.060(B) states that "direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged. TD 18.164.030(P) also states that residential access should be separated from through traffic on collector streets. One main concern with residential access on collector streets is the problem of backing a vehicle out of the private driveway into the collector and potentially conflicting with through traffic. This type of conflict can be a significant safety hazard. The applicant requested that they be permitted to provide shared driveways to serve more than one dwelling and orient the driveways in such a way that vehicles exiting the lots could pull forward onto Mentor Lane. Without some type of access onto Menlor Lane, it would be very difficult to access the lots in question. Staff is in favor of the shared driveway concept provided the following two criteria are met: 1. Each driveway serves at least two residential units, and 2. Vehicles exiting the lots must be able to turn around and easily pull forward onto Menlor Lane. i i PI1tI W,!G COMMISSION FINAL ORDER No. 98M PC (From 8/17198 Public Hearing) PAGE 32 of 36 SUB 93-3/PQR 984/MIS 98-6NAR 9841SLR 98-5 - HILLSHIRE CREEK ESTATES $14 SUBDIVISION The application materials do not provide a layout o the residential units and the shared driveways, so prior to approval of the final plat, a plan shall be submitted to the Engineering Department showing how these shared driveways will meet the two criteria listed above. Staff has reviewed the proposed locations of the driveways on Menlor Lane and finds that two of them already do not meet the above two criteria. There i a driveway proposed at the west end of Menlor that would appear to only serve Lot 186. There is another driveway near the north boundary that would only serve Lot 195. Both of these driveways will need to be revised so they meet the criteria above. Water: This site will be served from the City's water system. Final design plans for the water system will need to be reviewed by the Engineering and Public Works Departments prior to construction. The Public Works Department submitted comments indicating that they will expect the proposed main water line in SW Menlor Lane (shown as Old Menlor Lane on plan) to be extended northerly to intertie with the existing main line that was constructed in Menlor Lane adjacent to the Schoils Meadows project. This water line work can be accomplished along with the required street improvements between this site and the nearest paved portion of Menlor Lang. Sanitary Sewer: There are existing public sanitary sewer lines in both SW Menlor Lane (presently terminates at south edge of Scholls Meadows Phase 1) and in SW Fern Street. The applicant is proposing to extend both main lines into this project to serve the new lots. All sanitary sewer work in this area will be reviewed and permitted by Unified Sewerage Agency (USA). The applicant will be required to extend main sewer lines to the boundaries of this site to allow for future extension and service to adjacent, unsewered parcels. Storm Drainage: The topography of this site falls primarily to the north. The site is split by a stream that flows from south to north. The applicant proposes to fill a portion of this stream and the associated wetland and mitigate for it elsewhere on the site. All storm drainage work within this project will be reviewed and permitted by USA. The applicant will be required to extend public storm main lines to the boundaries of this site to allow for future extension and service to adjacent parcels. USA will require a downstream analysis to be submitted as a part of their site permit review. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96-44) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 66 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan is required to be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations to USA for a water quality facility that will meet the intent of the USA. Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by USA prior to construction. The applicant i proposing three biofiltration swales within this project to treat the additional storm water runoff.. The preliminary sizing calculations indicate that there should be plenty of space on the site to construct the swales. PLANNING COMMISSION FINAL ORDER NO.9MB PC (From 8117lII Puh"c. Hearing) PAGE 33 OF 36 SUB 98-31PDR 98-1 MiS 98-6NAR 984/SLR 98-5 - HILLSHIRE CREEK ESTATES #d SUBDIVISION The applicant will need to provide maintenance access reads to each facility and any drainage structures within the facilities to accommodate USA maintenance vehicles. The access roads shall meet USA standards and have an all-weather surface. In addition, each facility shall be placed within a tract and conveyed to USA on the final plat. Grading and Erosion Control: USA Design and Construction Standards also regulates 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 erasion. Per USA 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 rational Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb five or more acres of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plait shall detail the provisions for surface drainage of the lots, and show that they will be "pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code (UBC). The applicant shall provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report shall be incorporated into the final grading plan. A final construction supervision report shall be filed with the Engineering Department prior to issuance of building permits. Existing Overhead Utility Lines: There are existing overhead utility lines along the ROW of Mentor Lane. Section 18.154.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. If the fee in-lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 400 lineal feet; therefore, the fee would be $13,475. FINDING: Based on the analysis above, the APPLICABLE TiGARD DEVELOPMENT CODE STANDARDS have not been met. The standards can be met, however, if the applicant complies with the conditions of approval summarized at the beginning of this report. If the conditions are met, staff can determine that the standards have been met and approval can be. granted. SECTION V. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed this proposal and has offered the following comments, Every foundation for single-family attached dwellings is required to be surveyed before placement of concrete. No parking signs and curb markers will be required on one side of SW Mentor Lane, SW Fern Street, SW "N' Street and the private drive. The turning radius onto the private drive must be 25 feet inside the radius. The retaining wall needs a permit through the Engineering Department. Every lot shall have underfoot and roof drainage to an approved system. Catch basins in private streets shall be lynch type. The slope of the private storm drain must be a minimum of 1 PLANNING COMMISSION FINAL ORDER NO, 9808 PC (From 8117198 Public Hearing) PAGE 34 OF 38 SUS 98-31POR 984/MIS 98 6NAR 98-41SLR 98.5 - HILLSHIRE CREEK ESTATES 94 SUBDIVISION j The City of Tigard Police Department has reviewed this proposal and has the following comments: The Police Department has concerns over the proposed street names. They suggest maintaining "SW Mentor Lane" off Barrows to the end of the road. Re-name the ether SW Menlor Lane to something different all-together or if "W Mentor is to be retained, call it "SW Mentor Courtf' as it appears to dead-end. Try to eliminate the word "Old" to identify a street that also coexists in the area. Clarification and distinction to streets helps reduce any delays when emergency service providers are responding. The issue of proposed street names has been addressed under PUBLIC FACILITY CONCERNS. The City of Tigard Water Department has reviewed this proposal and has offered the fallowing comments: Engineering plans must be submitted with proposed water main sizes. The water main in "SW Old Mentor Lane" shall be extended to the north and inter- tied into, the existing water main (Scholls Meadows). The City of Tigard Operations Department has reviewed this proposal and has offered the fallowing comments: We have concerns regarding the Open Tracts as there is no designation as to who they will belong to. Not sure if parks wants the open tracts. If the City were to accept the open space area, it should be on the condition that Himilayan Blackberries, Reed Canary Grass, English ivy, hazardous trees not identified as habitat trees, and other invasive type vegetative species should be removed by the developer prior to the City's acceptance of the open space. Operations department wishes to be notified as to the developers intentions. There are also concerns about the grade of the street. They state that 15% is too steep. In the snow and ice, it makes sanding the street very dangerous, especially if cars are parked along the street. These concerns have been addressed as part of the PUBLIC FACILITY CONCERNS portion of this report. A condition will be applied requiring the development of a Homeowner's Association to insure the maintenance of the open space tracts. SECTION VI, AGENCY' COMMENTS The Unified Sewerage Agencyy has reviewed this proposal and has the offered the following comments: PRIOR TO ANY WORK ON SITE: An Agency site permit must be acquired. Application for the Agency site permit must include: 1. Detailed grading and erosion control plan. A 1200-C joint erosion control permit will be required. 2. Hydraulic and hydrological analysis of storm conveyance. If downstream storm conveyance does not have the capacity to convey the volume during a 25-year, 24-hour storm event, the applicant is responsible for mitigating the flow as provided in R&O 96-44 (Unified Sewerage Agency's Design and Construction Standards, July 1995 edition). 3. Detailed plans showing each lot within the development having access to public storm and sanitary sewer. 4. Provisions for water quality in accordance with the requirements of the above named Design Standards. An alt-weather access shall be provided to the water quality facility. 5. Site contains a "Sensitive Area." Developer must preserve a 25-foot corridor as described in the above R&O separating the sensitive area from the impact of development. The sensitive area and corridor must be set aside in a separate tract and not part of any buildable lot. 6. Detailed plans showing the sensitive area and corridor delineated, along with restoration and enhancement of the corridor per section 3.22.4 of the above R&O. 7. DSL and Corps of Engineers permit submittal. Include permit number on cover sheet of plans. PL4NiaiNG CMAMISSION FINAL ORDER NO, 98-08 PC (From 8117198 Public Hearing) PAGE 35 OF 36 SUB G8-3;PDR 98-41MIS 98-61VAR 984/SLR 98-5 - HILLSHIRE CREEK ESTATES #4 SUBDIVISION PRIOR TO SEWER CONNECTION PERMIT ISSUANCE: 1. The above noted improvements must be completed to the Agency's satisfaction. 2. The as-constructed drawings (as-builts), or a bond guaranteeing the as-builts, shall be submitted and accepted by the Agency. Tualatin Valley Fire and Rescue, Washington County, Columbia Cable, Metro Area Communications, US West, Portland General Electric (PE), TCI Cable, General Telephone and NW Natural Gas have also had the opportunity to review this application and have offered no comments or objections. SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL., `PLAT IS SUBMITTED TO THE CITY OF TIGARD.WITHIN 18 MONTHS OF THE EFFECTIVE DATE OF THIS FINAL ORDER. IT IS FURTHER ORDERED THAT THE APPEICANTAND ALL PARTIES TO THESE PROCEEDINGS BE NOTIFIED OF THE ENTRY OF THIS ORDER. PASSED; This 17th day of August, 1998 by the City of Tigard Planning Commission. (Signature box below J /A/ itt, Nick Wilson, Planning Commission President i:lcurp1nlju11atsublsub98-03.fia PLANNflG COMMISSION FINAL ORDER NO. 9M8 PC (Favor $11MJ8 Pubitc Headng) PAGE 36 OF 38 SUB ? r-NPGR 9G-1.1MI5 0M1VAR98 41SLR 98-5 - HILLSHIRE CRLE-K ESTATES #4 SUBDIVISION t ~ ` i l 6f ee T =x , xip a J ,sin or w ::p of _ mr IF 109 t ~ ~ ~ ~ ~ 1 nr » x r - _ tl f t ; ° 1 L It l®r f x ~ ~r s it It 10 $01 met" k ~ { yam! J ~ J .n ~55 1 ,F* nctt+~ zws+"t' 6 T Soo W r xwr. .rr.. r « ..r..--.r IL 0 3 ~ 3>x 1rY. r.r wir+.,...w:r Ssr.AIO saw gavt yasu' ar.ai" y 1~fe~.ayn ~J'' J,L,~'.3~ - J rssr aa. 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