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MLP2004-00005 Decision - MASTERS PARTITION NOTICE OF TYPE II DECISION "URBAN SERVICE AREA" MINOR LAND PARTITION (MLP) 2004-00005 Community Deve4ment MASTERS PARTITION Shapingq Better Community 120 DAYS = 8/26/2005 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: MASTERS PARTITION CASE NO: Minor Land Partition (MLP) MLP2004-00005 PROPOSAL: The applicant is requesting a minor land partition approval to partition a 27,056 acre parcel to create three (3) parcels, and one (1) tract for access. The three parcels will be 7,186, 8,085, and 8,035 square feet respectively for detached single-family residences. Approximately 3,750 square feet will be utilized for access to the parcels. APPLICANT/ John and Linda Masters OWNER: 15000 SW 141St Avenue Tigard, OR 97224 ZONING DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. LOCATION: 15000 SW 141St Avenue, WCTM 2S109CB, Tax Lot 00107. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795, 18.810, and the Bull Mountain Community Plan. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. NOTICE OF DECISION MLP2004-00005/MASTERS PARTITION PAGE 1 OF 22 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ANY SITE WORK (ISSUANCE OF THE SITE PERMIT) e app icant shall prepare a cover letter an submit it, a ong wit any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MORGAN TRACY 503-639-4171, EXT 2428. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to commencing any site work, the applicant shall obtain approval in writing from Clean Water Services for the proposed storm drainage system. Should the proposed system not be accepted, this decision shall be void. 2. Prior to commencing any site work the applicant shall revise the plans to indicate a fire truck turnaround that conforms to City, County, and TVFR standards. This turnaround area shall be contained in a tract (may be part of private street tract) shown on the plat. The applicant shall also obtain approval from TVFR for any turning areas where fire truck access is required. 3. Prior to commencing site work, the applicant shall submit a cash assurance for the equivalent value of tree mitigation required, if any. If additional trees are preserved through the subdivision/partition improvements and construction of houses, and are properly protected through these stages by the same measures afforded to other protected trees on site, the amount of the bond may be correspondingly reduced. Any trees planted on the site or off site in accordance with 18.790.060 (D) will be credited against the bond, for two years following final plat approval. After such time, the applicant shall pay the remaining value of the bond as a fee in-lieu of planting. 4. Prior to commencing any site work, the applicant shall submit construction drawings that include the approved Tree Removal, Protection and Landscape Plan. The plans shall also include a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. Only those trees identified on the approved Tree Removal plan are authorized for removal by this decision. 5. Prior to commencing any site work, the applicant shall establish fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Forester for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 6. Prior to commencing any site work, the applicant shall provide a preliminary sight distance certification from a registered engineer. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL PLAT APPROVAL: The applicant shall prepare a cover letter an su mit it, along with any supportin documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MORGAN TRACY 503-639-4171, EXT 2428. The cover letter shall clearly identify where in the submittal the required information is found: 7. Prior to final plat ap royal the applicant shall provide a street tree Ian, subject to the City Forester's approval, for the private street frontage and shall install said street trees prior to final building inspection on each lot. 8. Prior to final plat approval, the applicant shall ensure that the Project Arborist has submitted written reports to the City Forester, at least, once every two weeks, from initial tree protection zone (TPZ) fencing installation, through site work, as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall certify that the construction NOTICE OF DECISION MLP2004-000051MASTERS PARTITION PAGE 2 OF 22 activities to the trees did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being followed by the contractor, the City can stop work on the project until an inspection can be done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection fencing, determine if the fencing was moved at any point during construction, and determine if any part of the Tree Protection Plan has been violated. If any additional trees need to be removed based on pre-existing structural defects or other conditions that render a tree hazardous, authorization must be received from the City Forester prior to any removal. If the trees need to be removed due to construction damage, this will constitute prima facie evidence of a violation of the Tree Protection Plan, and development code. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 9. A Public Facility Improvement (PFI) permit is required for this project to cover the sidewalk, driveway approach and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.ci.tigard.or.us). 10. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will edesignated as the "Permittee", and who will provide the financial assurance for the ppublic improvements. For example, specify if the entity is a corporation, limited partnership, LL C, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 11. The applicant's engineer shall provide preliminary sight distance certification for the intersection of the private street and SW 1415 Avenue. The engineer shall include a list of improvements, if any,, required to meet the standard. This preliminary certification must be included with the PFI application submittal. 12. Prior to final plat approval, the applicant's engineer shall provide final sight distance certification for the intersection of the private street and SW 141St Avenue. 13. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley Treat, Engineering). 14. Prior to final plat approval, the applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. 15. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that they will construct the following frontage improvements along SW 141St Avenue as a part of this project: A. 5-foot concrete sidewalk (extending beyond the frontage to connect to the existing sidewalk to the south); B. street trees in the planter strip spaced per TDC requirements; C. streetlight layout by applicant's engineer, to be approved by City Engineer; and D. driveway apron (for private street). 16. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street(s) will be jointly owned and maintained by the private property owners who abut and take access from it (them). NOTICE OF DECISION MLP2004-00005/MASTERS PARTITION PAGE 3 OF 22 17. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street(s) shall meet the City's public street standard for a local residential street. 18. The applicant shall contact the City of Tigard Water Department for installation of the water meters. 19. The applicant shall submit plans to CWS for review, approval and permitting of proposed sewer connections. The CWS permit must be issued prior to beginning construction. 20. The applicant shall submit plans to Washington County and CWS for review, approval and permitting of the individual infiltration systems for each lot. If infiltration cannot be approved by the County, the applicant must revise their plans to collect runoff from the lots and convey it to a public system per CWS Des'gn and Construction Standards. The applicant must have an approved and permitted method of stormwater disposal prior to issuance of the PFI permit. 21. The applicant shall submit plans to CWS for stormwater disposal to a public system for the runoff from the private street. Runoff from the private street cannot be infiltrated on-site. The applicant must have CWS approval and permits prior to issuance of the PFI permit. 22. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit 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 PFI permit plans from the Engineering Department and construction of public water lines. 23. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 24. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: GPS tie networked to the City's GPS survey. By random traverse using conventional surveying methods. 25. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at 503) 639-4171, ext. 2421). C. The final plat and data or narrative shall be rawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.5), Washington County, and by the City of Tigard. D. The ri ht-of-way dedication for SW 141S venue shall be made on the final plat. E. NOTE Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: NOTICE OF DECISION MLP2004-00005/MASTERS PARTITION PAGE 4 OF 22 The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MORGAN TRACY 503-639-4171, EXT 2428. The cover letter shall clearly identify where in the submittal the required information is found: 26. Prior to issuance of building permits on Parcel #3, the applicant shall indicate 10 foot minimum side yard setbacks on this flag lot, and the height shall not exceed 1 Y2 stories or 25 feet. 27. Prior to issuance of building permits, the applicant/owner shall record a deed restriction to the effect that any existing tree greater than 12' diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. 28. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the location of the trees that were preserved on the lot, location of tree protection fencing, and a signature of approval from the project arborist regarding the placement and construction techniques to be employed in building the house. All proposed protection fencing shall be installed and inspected prior to commencing construction, and shall remain in place through the duration of home building. After approval from the City Forester, the tree protection measures may be removed. 29. Prior to issuance of building permits, the applicant shall complete the proposed improvements in substantial conformance with the final approved plans. A member of the planning division shall conduct a walkthrough of the site to ensure that this condition is met. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 30. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 31. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public improvements substantially compplete. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all local residential streets have at least one lift of asphalt, 3) any off-site street and/or utility improvements are substantially completed, and 4) all street lights are installed and ready to be energized. (NOTE: the City apart from this condition, and in accordance with the City's model home policy may issue model -home permits). THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Pro ert Histo The subject pparcel is located in unincorporated Washington County in the Urban Services Area, and is subject to City of Tigard planning review. The property is designated Medium Density Residential on the Tigard Comprehensive Plan and Zoning Map. An earlier lot line adjustment (LLA2004-00002) occurred to increase the size of the parent parcel to its present 27,056 square feet to facilitate this partition request. NOTICE OF DECISION MLP2004-000051MASTERS PARTITION PAGE 5 OF 22 Site Information and Proposal Descriptions he subject property is approximately 47, 56 square feet and slopes toward the southeast. The site i.1 situated behind another lot on SW 141 Avenue and has approximately 25 feet of frontage on SW 141s and 145 feet of frontage on SW 1391 (a private street). The owner is proposing to partition the one parcel into three lots. There are no existing structures on this site. The adjacent properties and surrounding area are characterized by single-family homes. SECTION IV. PUBLIC COMMENTS The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. Four letters were received. Gary and Sue Stephens inquire about the proposed use of storm infiltration chambers. This is discussed in greater detail in the Street and Utililty improvement section 18.810 later in this decision. The acceptance of these chambers is at the sole discretion of Washington County, more specifically Clean Water Services, as they are the special district in charge of storm and sanitary services outside the city limits. They have indicated that the proposed chambers are acceptable. Virginia Brickley inquired whether the proposed development could devalue her property. Property values are a result of many factors influencing supply and demand. As the supply of homes increases in the area, the demand for homes for sale may temporarily decrease. However, once those homes are all occupied, then the demand will be equalized again. This does not mean values will either increase nor decrease. It may mean that a property is on the market for a longer period, or that fewer offers for a house are received. With regard to demand, one must consider all the variable factors that buyers consider when looking for a house. That is why property values are not a good measure for land use approvals, and why it is not a criterion within the development code. Recognizing the concern however, the development code does incorporate certain protections for existing development through zoning restrictions, buffer and landscape requirements, and other development standards. Mary Baron notes that the addition of three houses will impact traffic, sewer and land values. The Bull Mountain area is zoned for on average, seven residential lots to the acre. Transportation and other infrastructure planning is predicated on this basis. Street improvements and utility capacity is designed for the anticipated growth based on these densities. It could be argued that not developing to this prescribed density results in an "overbuilt" system with lost surplus capacity. Ms. Baron also notes that the sewer LID for the area was assessed based on the number of homes, and that the addition of three lots after the assessment is unfair to others in the LID area. Staff cannot address this issue as the LID was conducted by Clean Water Services, and the details about those arrangements are not immediately available. When the City conducts LIDS for sewer service, it is assessed based on the size of the lot, to be more equitable to owners who are not able to further divide their property. City staff cannot verify whether this methodology was used for the Clean Water Service sewer LID. Ken Becket has written as representative of the Homeowner's Association. He notes that there exist certain CC&R's that prevent lots within the subdivision from further being divided. Staff contacted Mr. Becket regarding this issue, as it could have consequences to the applicant's proposal in the long term. CC&R's are essentially a private agreement between the seller of property and the purchaser. They can address issues such as street maintenance, architectural style, paint colors, and any other sorts of controls that the seller deems necessary (provided such restrictions do not violate one's constitutional rights). The City is not partyy to this private agreement, and is therefore not able to base its decisions on provisions within the CC&R's. For instance, some CC&R's require a minimum size house be built on property, but the City could not require through its building permit process that a house be a certain size, so Ion? as the house met all other State Building and Local Zoning codes. Similarly, the City cannot deny the requested partition, provided it meets all the criteria identified in this decision. The homeowner's association is empowered to enforce the CC&R's by seeking an injunction or other corrective action, but the City cannot. NOTICE OF DECISION MLP2004-00005/MASTERS PARTITION PAGE 6 OF 22 SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS Land Partitions (18.420): The proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition complies or can be made to comply with all statutory and ordinance requirements and regulations as demonstrated by the analysis contained within this administrative decision and through the imposition of conditions of development approval. All necessary conditions must be satisfied as part of the development and building process. Therefore, this criterion is met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). The applicant has indicated a preliminary arrangement to dispose of storm water using infiltration chambers. These are not a typical system, and are not acceptable in the City of Tigard. However, this area is in the jurisdiction of Clean Water Services for sanitary and storm sewer service. They have agreed in principle to the proposed system. Final approvals will still need to be obtained. Based on the information provided by the applicant, Staff finds that adequate public facilities are feasibly available to serve the proposal. However, the city reserves the right to reject the final partition plat if the proposed system is not accepted by CWS and no other storm system is available. All proposed improvements meet City and applicable agency standards; and The public facilities and proposed improvements are discussed and conditioned later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part of the permit process and during construction, at which time the appropriate review authority will ensure that City and applicable agency standards are met. Based on the analysis in this decision, Staff finds that this criterion is met. All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The minimum lot width required for the R-7 zoning district is 50 feet. Parcel #1 is 70 feet in width, Parcel #2 is 72 feet wide, and Parcel#3 is 73 feet wide. Therefore, this standard has been met. 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. The minimum lot area requirement in the R-7 zonin district is 5,000 square feet for detached single-family units. The proposed partition creates three 3) lots that are 7,186, 8,035, and 8,085 square feet respectively. This criterion has been satisfied. 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 1 foot wide access easement. The proposed partition plat illustrates that each lot exceeds the 15-foot street frontage requirement. This criterion is met. Setbacks shall be as required by the applicable zoning district. Setbacks for the R-7 zoning district are as follows: front, 15 feet; side, 5 feet; street side, 10 feet; and rear, 15 feet. There is an existing house on Tax Lot 101 that is not part of this partition request. The subject site is vacant and future construction of homes will be reviewed for setback compliance when building permits are submitted. 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. NOTICE OF DECISION MLP2004-00005/MASTERS PARTITION PAGE 7 OF 22 Parcel 3 is a flag lot and thus side yard setbacks will need to be maintained at 10 feet. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. A photinia hedge screen is proposed along the private street where it abuts the neighboring property to the north. The driveway serving Parcel #3 will not be required to provide screening since the abutting lots are being created as part of this partition request. In other words these are not lots of record. No additional screening, beyond what has been proposed will be required. 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. Tualatin Valley Fire & Rescue district (TVF&R) has reviewed the proposal and has not required an additional fire hydrant. However, as described later, a fire turnaround has been required by TVFR. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. There are no existing or proposed shared driveways; therefore this standard is not applicable. The private street will be owned in common by the three parcels, and an easement granted to these three parcels for sidewalks is also proposed. Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and Circulation. This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) later in this decision. Where landfill and/or development is allowed within or adjacent to the one-hundred year floodplain, the city shall require consideration of 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. The artitioned lots are not within nor adjacent to a one-hundred-year floodplain. Therefore, this standard does not apply. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition and variance(s)/adjustment(s) will be processed concurrently. No adjustments are required. FINDING: The standards for land partitions can be met dependent on the following being satisfied: CONDITIONS: Prior to commencing any site work, the applicant shall obtain approval in writing from Clean Water Services for the proposed storm drainage system. Should the proposed system not be accepted, this decision shall be void. Prior to issuance of building permits on Parcel #3, the applicant shall indicate 10 foot minimum side yard setbacks on this flag lot, and the height shall not exceed 1 Y2 stories or 25 feet. NOTICE OF DECISION MLP2004-00005/MASTERS PARTITION PAGE 8 OF 22 Residential Zoning Districts (18.510): Development standards in residential zoning districts are contained in Table 18.510.2 below: TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STAN R-7 Minimum iie - Detached unit 5,000 sq. ft. - Duplexes 10,000 sq. ft. - Attached unit 5,000 s q. ft. Average Minimum of Width - Detached unit lots 50 ft. - Duplex lots 50 ft. - Attached unit lots 40 ft. Maximum Lot Coverage 80% Minimum Setbacks - Front yard 20 ft. - Side facing street on corner & through lots 15 ft. - Side yard 5 ft. - Rear yard 15 ft. - Side or rear yard abutting more restrictive zone - Distance between property line and front of garage 20 ft. - Side Yard Setbacks for Fla Lots 18.420.050 A 4 e 10 ft. Maximum ei .t 35 . Minimum Landscape Requirement 120% The minimum lot area requirement in the R-7 zoning district is 5,000 square feet for detached single-family units. The proposed partition creates three (3} lots that are 7,186, 8,035, and 8,085 square feet respectively. Future development will be reviewed through the building permit process to ensure compliance with the R-7 development standards. Setback standards, required by Table 18.510.2 will apply to all future development of the proposed lots. FINDING: Based on the analysis above, the Residential Zoning District Standards have been met. Access, Egress and Circulation (18.705): Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real property in the City. Access shall be continually maintained. Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs sigght distance and deceleration standards as set by ODOT, Washington County, the City and A~►SHTO. The applicant did t address. this section. Preliminary sight distance certification for the private street intersection at 141s' Avenue is required. A list of improvements required to achieve adequate sight distance shall be included with the preliminary, certification. These must be submitted prior to issuance of the PFI. A final sight distance certification will be required prior to final plat approval. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right- of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report sumitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent ,parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. NOTICE OF DECISION MLP2004-00005/MASTERS PARTITION PAGE 9 OF 22 This standard does not apply, as SW 141St Avenue is classified as a Neighborhood Route. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. This standard does not apply, as SW 141St Avenue is classified as a Neighborhood Route. Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and copies of the deeds, easements, leases or contracts are placed on permanent file with the City. Joint access via a private street is proposed. The street will be placed in a Tract designated for this purpose and shown on the plat. A turnaround will be required and will necessitate a slight reconfiguration of the street tract. Nevertheless, once modified and designated on the plat, this standard will be met. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. All proposed parcels will have access to a private street that then connects directly to SW 141St Avenue, a public street. This standard is met. Minimum access requirements for residential use. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code. While the private street is not longer than 150 feet and therefore does not need a turnaround to meet general code standards (for garbage or other large trucks). However, based on the analysis provided by TVFR, due to the combined distance of the private street and driveway serving Parcel 3, a fire truck turnaround will be required. Also, TVFR notes that the turning radius to proposed parcel 3 will need to be verified for conformance with fire code requirements. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a) A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; b) A hammerhead- configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet; c) The maximum cross slope of a required turnaround is 5%. As described above, due to the combined distance of the private street and driveway serving Parcel 3, a fire truck turnaround will be required that meets these requirements. To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would cause or increase existing hazardous traffic conditions; or provide inadequate access for emergency vehicles; or cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. The access proposed conforms to code standards, and the adjoining street has been built to current engineering standards with no unusual attributes. Therefore, the director does not find that hazardous or inadequate access will exist. FINDING: A fire, truck turnaround is necessary. The applicant has not provided a sight distance evaluation. NOTICE OF DECISION MLP2004-00005/MASTERS PARTITION PAGE 10 OF 22 CONDITIONS: Prior to site work, the applicant shall revise the plans to indicate a fire truck turnaround that conforms to City, County, and TVFR standards. This turnaround area shall be contained in a tract (may be part of private street tract) shown on the plat. Prior to site work, the applicant shall provide a preliminary sight distance certification from a registered engineer. Density Computations (18.715): Definition o net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed: 1. All sensitive land areas 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of--way. 4. All land proposed for private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated b multiplying the maximum number of units determined in Subsection B above by 80% (0.8). The standards for Density computation address the intensity of residential land uses, typically expressed as the number of housing units per acre. The total square footage of the subject property is 27,056 square feet. There are no sensitive land areas within the subject proposal. Right-of-way dedications along SW 1415 will account for 50 square feet. The private street is approximately 3,750 square feet. This results in a net developable area of 23,256 square feet. As the minimum lot size for the R-7 zone is 5,000 square feet, the maximum number of residential units is 4. The minimum number of lots required is three. The proposed partition creates 3 separate lots in conformance with the density requirements. FINDING: Based on the analysis above, the Density Computation Standards have been met. Landscaping and Screening (18.745): Street trees: Section 18.745.040 Section 5.040.A.: All development projects fronting on a ublic street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040C. This proposed project has frontage on SW 141St Avenue but has limited frontage available for street trees. The private street serving the proposed lots will be required to plant street trees. Street trees shall be planted in accordance with the standards for size and spacing in this title, under Section 18.745.040.C. The applicant has shown oaks to be planted along the private street which will meet this standard. FINDING: Street trees need to be shown and specified on final construction drawings. CONDITION: The applicant shall provide a street tree plan, subject to the City Forester's approval, for the private street frontage prior to final plat approval and shall install said street trees prior to final building inspection on each lot. NOTICE OF DECISION MLP2004-00005/MASTERS PARTITION PAGE 11 OF 22 Tree Removal (18.790): tree plan or the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot,,. parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. There are 50 trees on the site that are greater than 12" diameter. The applicant has proposed to remove 9 (18%) of these trees in order to site the homes and place utilities. Since fewer than 25% of the total trees on site are to be removed, no mitigation is required. The applicant has provided a protection plan for the trees to be retained that will be required to be followed during construction. The applicant's arborist has also provided a letter indicating that additional trees may need to be removed based on site specific issues, such as increased vulnerability to wind throw. So long as the total number of trees removed does not exceed 12, this will not present a problem. Authority to remove additional trees based on wind throw concerns, or pre-existing but yet unknown structural defects must be granted by the City Forester prior to any such removal. The project arborist also notes that some trees may be damaged during construction and would also need to be removed. The applicant needs to understand that any damage to trees designated to be preserved will constitute a violation of the City's Tree Code. FINDING: Based on the analysis above, the Tree Removal Standards have not been met. In order to meet the standard, the applicant shall satisfy the following conditions: CONDITIONS: Prior to commencing site work, the applicant shall submit a cash assurance for the equivalent value of-mitigation required, if any. If additional trees are preserved through the subdivision/partition improvements and construction of houses, and are properly protected through these stages by the same-measures afforded to other protected trees on site, the amount of the bond may be correspondingly reduced. Any trees planted on the site or off site in accordance with 18.790.060 (D) will be credited against the bond, for two years following final plat approval. After such time, the applicant shall pay the remaining value of the bond as a fee in-lieu of planting. Prior to issuance of building permits, the applicant/owner shall record a deed restriction to the effect that any existing tree greater than 12" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. Prior to commencing any site work, the applicant shall submit construction drawings that include the approved Tree Removal, Protection and Landscape Plan. The plans shall also include a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. Only those trees identified on the approved Tree Removal plan are authorized for removal by this decision. Prior to commencing any site work, the applicant shall establish fencing as directed by the project arbonst to protect the trees to be retained. The applicant shall allow access by the City Forester for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. Prior to final plat approval, the applicant shall ensure that the Project Arborist has submitted written reports to the City Forester, at least, once every two weeks, from initial tree protection zone (TPZ) fencing installation, through site work, as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall certify that the construction activities to the trees did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted or received by the City NOTICE OF DECISION MLP2004-000051MASTERS PARTITION PAGE 12 OF 22 Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being followed by the contractor, the City can stop work on the project until an inspection can be done by the City Forester and the Project Arbonst. This inspection will be to evaluate the tree protection fencing, determine if the fencing was moved at any point during construction, and determine if any part of the Tree Protection Plan has been violated. If any additional trees need to be removed based on pre-existing structural defects or other conditions that render a tree hazardous, authorization must be received from the City Forester prior to any removal. If the trees need to be removed due to construction damage, this will constitute prima facie evidence of a violation of the Tree Protection Plan, and development code. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the location of the trees that were preserved on the lot, location of tree protection fencing, and a signature of approval from the project arborist regarding the placement and construction techniques to be employed in building the house. All proposed protection fencing shall be installed and inspected prior to commencing construction, and shall remain in place through the duration of home building. After approval from the City Forester, the tree protection measures may be removed. Visual Clearance Areas (18.795): This Chapter 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 clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height. Trees may be placed within this area provided that all branches below eight (8) feet are removed. A visual clearance area is the triangular area formed by measuring from the corner, 30-feet along the right-of-way and along the driveway and connecting these two points with a straight line. The applicant's site plan shows the vision clearance triangles for the private street. Staff has not identified any other visual clearance obstacles. FINDING: Based on the analysis above, the Vision Clearance Standards are met. Impact Study (18.390) states, "The Director shall make a finding with respect to each of the Section 18.. following criteria when approving, approving with conditions or denying an application:" Section 18.390.040 states that the applicant shall provide an impact study 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 is not roughly proportional to the projected impacts of the development. Section 1$.390.040 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 real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has submitted an impact study. The applicant will be required to physically improve SW 141St Avenue due to the limited frontage on this site and the fact that the private street apron will occupy the vast majority of this frontage. An additional right of way dedication of approximately 290 square feet has been proposed by the applicant as well, to encompass not only the subject site, but the front lot as well. The applicant will be extending sanitary sewer connections to the three parcels. Sewer is already available and has sufficient capacity to serve the development. Other impacts to public facilities are NOTICE OF DECISION MLP2004-000051MASTERS PARTITION PAGE 13 OF 22 offset by the collection of Systems Development Charges (SDC's) collected at the time of building permit issuance. Therefore, this standard can be satisfied through meeting the conditions of approval in this decision. The Engineering Department has required that sidewalks also be constructed along the site frontage. The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. The applicant will be required to pay TIF's of approximately $2,851 (Effective July 1, 2005) per new dwelling unit. Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this prof"ects traffic impact is $26,728 $2,851x3 divided byy 32). The difference between the TIF paid, and the full impact, is considered the unmitigated impact on the street system. The unmitigated impact of this project on the transportation system is $18,175. The value of the right of way dedications is $870 and the approximate value of the sidewalk is $2,450 for a total mitigation value of $3,320. Since the value of unmitigated impact greatly exceeds the value of the required exactions, the dedication of real property is justified. PUBLIC FACILITY CONCERNS Street And Utilitv Improvements Standards (Section 18.810): Chapter provides constructionstandards or the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a collector street to have a 35-foot right-of-way width and 23-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW 141St Avenue, which is classified as a Neighborhood Route on the City of Tigard Transportation Plan Map. At present, there is approximately 25 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide 27 feet from centerline. SW 141St Avenue is currently partially improved. In order to mitigate the impact from this development, the applicant should construct a 5 foot sidewalk along the full frontage and extending to connect to the existing sidewalk to the south. The sidewalk may be constructed at the curb, matching the other sidewalk in the immediate area. Street trees shall be placed in a planter strip behind the sidewalk. Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de- sac bulbs shall be constructed for stub streets in excess of 150 feet in length. NOTICE OF DECISION MLP2004-00005/MASTERS PARTITION PAGE 14 OF 22 There are no opportunities to provide future street extensions due to existing development patterns. Street Alignment and Connections: Section 1$.810.030.1-1.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to may 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. There are no opportunities for street connections due to existing development patterns. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or-residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. The existing rade of SW 141St Avenue along this development does not exceed 5%, thereby this criterion is mef. Private Streets: Section 18.810.030.T states that design standards for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. The applicant's plans show a 25 foot wide tract for the construction of a private street to serve this development. The minimum paved section shall be 20 feet wide and a 5 foot sidewalk shall be constructed on one side. The sidewalk may be placed in an easement. The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private street(s). These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. Block Designs - Section 18.810.040.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 18.810.040.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: Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. For non-residential blocks in which internal public circulation provides equivalent access. NOTICE OF DECISION MLP2004-00005/MASTERS PARTITION PAGE 15 OF 22 What is initially an obvious connection, SW 139th Avenue, is not feasible due to its status as a private street. Other properties are not entitled to take access from it. Existing homes to the north and south of the subject parcel prevent a reasonable road extension as well. Therefore, based on the preexisting development pattern, no block can be formed. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. Similarly, since there is no place for bicycles or pedestrians to travel to, based on the preexisting development patterns (SW 139 is private so public access is not available), the connection cannot be made. Lots - Size and Shape: Section 18.810.060(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. Two of the three parcels are greater than 1.5 times the minimum lot size. Parcel #1 is 7,186 square feet or 1.4 times the minimum loft size, and therefore not subject to this standard. Parcel #2 is 8,085 square feet or 1.6 times the minimum lot size. It is 105 feet deep, while being 72 feet wide (on average). 72 times 2.5 is 180. This lot meets the standard. Parcel #3 is 8,035 square feet or 1.6 times the minimum lot size. It is 92 feet deep, while being 73 feet wide (on average). 73 times 2.5 is 182. This lot meets the standard. Lot Frontage: Section 18.810.060(8) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. All lots maintain greater than 15 feet of frontage on the private street. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. The applicant shall construct a 5 foot sidewalk, located behind the curb, for the entire length of the project frontage and the additional length needed to connect to the existing sidewalk to the south. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.C states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an existing sewer line in 141St Avenue. The applicant's plans indicate they will construct 3 separate sewer laterals to serve this development. The applicant is required to submit plans to CWS for review, approval and permitting of sewer lateral construction. NOTICE OF DECISION MLP2004-00005/MASTERS PARTITION PAGE 16 OF 22 Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.C states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a sformwaterdetention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. ' The City will =ion that all new developments resulting in an increase of impervious surfaces provide onsite facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant has proposed on-site disposal of stormwater runoff. Stormwater from individual lots shall be infiltrated on each lot in accordance with Washington County Building Department policies. If infiltration is not possible or cannot be approved by the County, then runoff from the lots shall be collected and conveyed to a public stormwater system in accordance with Clean Water Services' Design and Construction Standards. Stormwater runoff from the private street must be collected and routed to a public system. Runoff from the private street cannot be infiltrated on-site. The applicant must have Washington County and CWS approvals and permits for the stormwater system before any construction begins on this project. The PFI permit cannot be issued without these approvals. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. SW 141St is not designated a bicycle facility. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; The City reserves the right to ap rove location of all surface mounted facilities; • All underground utilities, includ ng sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. NOTICE OF DECISION MLP2004-000051MASTERS PARTITION PAGE 17 OF 22 Exception to Under-Grounding Requirement: Section 18.810.120.C states that a developer shall pay a fee in-lieu of under-oroundin costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are no existing overhead utility lines along the project frontage. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT Public Water S stem: TF-eCity o Tigard provides public water service in this area. The applicant's plans indicate the meters will be placed at the ROW. Storm Water Quality. The City as agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages throughout the project and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. Gradin and Erosion Control: Design an ons ruc ion Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. Address Assignments: Fe City o Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. NOTICE OF DECISION MLP2004-00005/MASTERS PARTITION PAGE 18 OF 22 The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. Surve Requirements: TF-e applicant's Ina pat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). SECTION VI. OTHER STAFF COMMENTS [City of Tigard Forester has reviewed the proposal and prnvirderd the following rnmmentc; As you requested I have provided some comments on the "Masters Partition" project. If you have any questions or concerns regarding my comments please contact me anytime. 1. LANDSCAPING AND SCREENING The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as Bell as the standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10t edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. 2. TREE REMOVAL As required, the applicant submitted a tree plan that was conducted by Jay Larson & Chris Nash of Northwest Arbor-Culture, Inc. The plan contains all four of the required components of a tree plan, and, is therefore, acceptable. Please note the letter dated November 6, 2004 regarding the removal of trees that were to be preserved. You might want to make the developer aware of the LOBA rule pertaining to the removal of trees after the finar plan has been submitted and approved by the City. suggest planting native species of trees as street trees such as bigleaf maple, cascara or Oregon white oak. Properly sized oaks can be found at River Oak Farm & Nursery. Call Diane at 503-357-2745 Below are my suggestions for the applicant to follow for tree protection guidelines: Prior to construction, a Tree Protection Plan shall be included with the proposed construction drawings conforming to the International Society of Arboriculture (ISA) guidelines for review and approval by the City Forester. All tree protection devices, along with their details and specifications, shall be shown on the Tree Protection Plan. This plan shall also include the building footprints shown in relation to the trees being preserved. Any tree that will not be removed onsite that is within the limits of disturbance of this proJ'ect must be protected. Any tree that is located on property adjacent to the construction project that will have more than 15% of its root system disturbed by construction activities shall also be protected. NOTICE OF DECISION MLP2004-00005/MASTERS PARTITION PAGE 19 OF 22 Prior to construction, the applicant shall submit a detailed construction schedule to the City Forester with notations as to when tree protection devices will be either installed or removed throughout construction of the project. A note shall be placed on the final set of plans indicating that equipment, vehicles, machinery , grading, dumping, storage, burial of debris, or any other construction-related activities shall not be located inside of any tree protection zone or outside of the limits of disturbance where other trees are being protected. All tree protection devices shall be: ♦ Visible. ♦ Constructed of 11 Gauge steel chain-link fencing supported on at least 2" O.D. steel posts. Each post shall be no less than four feet high from the top of grade. Each post shall be driven into the ground to a depth of no less than two and a half feet below grade. Each post shall be spaced no further apart than four feet. ♦ Between each post, securely attached to the chain-link fencing, shall be a sign indicating that the area behind the fencing is protected and no construction activity, including material storage, may occur behind the fencing. ♦ Inspected and approved in the field by the project arborist and City Forester prior to clearing, grading, or the beginning of construction. ♦ Remain in place and maintained until all construction is completed and a final inspection is conducted. To determine the size of the tree protection zone (TPZ) the project arborist should follow the guidelines listed below: ♦ For individual trees follow the trunk diameter method. For every one-inch of diameter at breast height (DBH), or 4 Y feet above the ground, allow 12 inches of space from the trunk of the tree. For example, a tree that is 15" at DBH must have at least 15' of tree protection zone around the entire canopy of the tree. ♦ For groups of trees the tree protection zone must be outside of the drip line of the trees on the edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the trunk diameter method or the drip line method, whichever is greater. ♦ Calculate and follow the Optimal Tree Protection Zone calculation as shown in "Trees and Development: A Technical Guide to Preservation of Trees During Land Development" by Nelda Matheny and James R. Clark. ♦ The project arborist may propose an alternate method for the establishment of the TPZ, provided the effort is coordinated with the City Forester. ♦ If it is necessary to enter the tree protection zone at any time with equipment (trucks, bulldozers, etc.) the project arborist and City Forester must be notified before any entry occurs. Before entering the TPZ, the project arborist and City Forester shall determine the method by which entry can occur, along with any additional tree protection measures. ♦ Prior to issuance of building permits, the Project Arborist shall submit a final certification indicating the elements of the Tree Protection Plan were followed and that all remaining trees on the site are healthy, stable and viable in their modified growing environment. SECTION VII. AGENCY COMMENTS Washington County Department of Land Use and Transportation has reviewed the request and will not be submitting any requirements/conditions. Tigard Water District has reviewed the proposal and notes that new meters for the proposed lots shall be "banked" in the landscape planter strip along SW 141St at the foot of the private street. Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments: NOTICE OF DECISION MLP2004-00005/MASTERS PARTITION PAGE 20 OF 22 Thank you for the opportunity to review the proposed site plan surrounding the above named development project. Tualatin Valley Fire & Rescue endorses this proposal predicated on the following criteria and conditions of approval: FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access roads shabe within 150 feet o a po ions o the exterior wall o the first story o the ui ing as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along,the fire apparatus access road, is greater than 150 feet. An on-site turnaround will be required due to the depth of access to parcels #2 & 3. 2) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: When buildings are completely protected with an approve automatic ire sprinkler system, the requirements for fire apparatus access may be modified as approved by the fire code official. 3) FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shahave an unobstructed width o no less an 20 ee feet or up to two dwelling units and accessory buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. Where fire apparatus roadways are less than 26 feet wide, "NO PARKING" signs shall be installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide, "NO PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed. Where fire apparatus roadways are 32 feet wide or more, parking is not restricted. The proposed access widths are acceptable. 4) NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate pare vehicles and 20 feet of unobstructed driving surface, "No Parking" signs shall be installed on one or both sides of the roadway and in turnarounds as needed. Roads 26 feet wide or less shall be posted on both sides as a fire lane. Roads more than 26 feet wide to 32 feet wide shall be posted on one side as a fire lane. Signs shall read "NO PARKING - FIRE LANE" and shall be installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have red letters on a white reflective background. The entire length of the private drive delineated as Private Tract "A" shall be posted as a fire lane. 5) SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surface a is easily distinguishable rom the surrounding area and is capable of supporting not less - than 12,500 pounds point load (wheel load) and 75,000 pounds live load (gross vehicle weight). You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading. 6) TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 28 feet and 48 feet respectively, measured from the same center point. The turning radius at the transition to the access into Parcel #3 will need to be verified to determine Tf it meets this standard. 7) GATES: Gates securing fire apparatus roads shall comply with all of the following: Minimum unobstructed width shall be 16 feet, or two 10 foot sections with a center post or island. Gates serving one- or two-family dwellings shall be a minimum of 12 feet in width. Gates shall be set back at minimum of 30 feet from the intersecting roadway. • Gates shall be of the swinging or sliding type Manual operation shall be capable by one person Electric gates shall be equipped with a means for operation by fire department personnel Locking devices shall be approved. s) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for singe family dwellings an up exes serve y a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to IFC Appendix B. NOTICE OF DECISION MLP2004-00005/MASTERS PARTITION PAGE 21 OF 22 9) FIRE HYDRANTS - ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where a portion o a structure is more than 600 feet from a y rant on a ire apparatus access road, as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. The submitted plans indicate an existing hydrant located on Bull Mtn. Rd. This existing hydrant will meet the requirement for fire hydrant coverage. io) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roa wags an tire ig ing water supplies shall be Ins a e an operational prior to any combustible construction or storage of combustible materials on the site. SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners __X_ Owner of record within the required distance -X_ Affected government agencies Final Decision: THIS DECISION IS FINAL ON JUNE 6, 2005 AND BECOMES EFFEC '11 E ON JUNE 21, LUUS UNLESS AIN APPEAL IS FILED. Appeal- The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.6.1. may appeal this decision in accordance with Section 18.390.040.6.2. of the Tigard Community. Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JUNE 20, 2005. Questions: Il yoke any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. ` - June 6 2005 D BY: Morgan Tracy .,or DATE Associate Planner xl;t , June 6 2005 _k~~ ze AP Richard Bew rsd iff DATE Planning Manag r i:\curpln\morgan\workspace\mlp\mlp2004-00005 (masters)\mIp2004-00005 draft decision.doc NOTICE OF DECISION MLP2004-000051MASTERS PARTITION PAGE 22 OF 22 CITY of TIGARD GEOGRAPHIC iNFOR MATfON SYSTEM VICINITY 11" suL~ MTN ~~o - ~~rrr MLP2004-0000 MASTERS PARTITION ew ~o o~ M r ` AY RSEERR Pte' G ~ 5U _ RHETT e~~~frl Bo RA .D RD EEF EcNP RO B Y~~ Tigard Area Map N 200 300 40o Feet p 100 - - 1 312 feet ~ Q City of Tigard QJ, Information on this map is for general location only and should he vertil d with the Development Services Division. iz- 13125 SW Nall BWd M Tigard, OR 97223 ARLESTON LIV (503)639-4171 http.jj w,r.ci.tigard. orM1 m plot date: Apr 29, 2005; C:\magic\MAGiC01APR s,-innment F l LOT 30 MOUNTAIN ~0 2 LOT 31 I C3Ut-1- i pPR'F I 589'55'51"W 275.06' I 150.00' 125.06' ^°o PROPOSED TRACT "A" PRIVATE °o DRIVE AND UTILITIES EASEMENT N a 3,750 S.F. a o, - - - - - - -22.75' - -17.45' 15.0' S N Sly I 2.5' SIDEWALK RO• PROPOSED PARCEL 2 EASMENT ~8. 8,085 S.F. / s 's RO. F d F 15.0' s ( cs. Lu Z" o EXISTING HOUSE 85.00' W > I N 15000 SW 141ST AVE. Q TIGARD, OR 97224 I PROPOSED 10' H 'r+- PRIVATE SANITARY EASEMENT PROPOSED PARCEL 1 w 7,186 S.F. I riI 3 f 1p o PROPOSED PARCEL 3 r n 11/7 (l.D.VJ u°~ o I 8,035 S.F. M 17 ' o0 oo I 3) z Z m r 25' 25'.~IOCdi(,r+f ioN~ mI 0 PROPOSED 20 FOOT ~C PRIVATE SANITARY . SEWER EASEMENT 70.97' 92.25' 107 .45' N89'53'00"E 274.70' I I PARCEL 1 PA nON NOR 11998-1257 o CITY OF TIGARD T MLP2004-00005 CI O G sm PIAN N MASTERS PARTITION Ma is not to scale