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MLP2004-00007 Decision - FOUSHEE PARTITION #2 NOTICE OF TYPE 11 DECISION "URBAN SERVICE AREA" MINOR LAND PARTITION //MLP`` 2004-00007 CITY OFTIGARD l 1 Community Development FOUSHEE PARTITION NO.2 shaping g&tterCommmunity 120 DAYS =3116/2005 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: FOUSHEE PARTITION NO.2 CASE NOS: Minor Land Partition (MLP) MLP2004-00007 Sensitive Lands Review (SLR) SLR2004-00024 PROPOSAL: The applicant is requesting a Minor Land Partition to split one 33,009 square foot tract into 3 parcels (11,000, 11,000, and 11,009 square feet respectively). This partition request requires sensitive lands review [SLR2004-00024] as the site contains areas of slopes greater than 25%. APPLICANT: Lan Pacific OWNER: Sean Foushee Attn: Julie Sabin Accent Homes 1001 SE Water Avenue, Suite 360 12583 SW Autumnview Street Portland, OR 97214 Tigard, OR 97223 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: On the north side of SW Bull Mountain Road at the intersection of SW Roshak Road; WCTM 2S108AB, Tax Lot 1200. PROPOSED PARCEL 1: 11,000 Square Feet. PROPOSED PARCEL 2: 11,000 Square Feet. PROPOSED PARCEL 3: 11,009 Square Feet. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures); 18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and Screening); 18.765 (Off-Street parking and Loading Requirements); 18.775 (Sensitive Lands); 18.790 (Tree Removal); 18.795/isual Clearance Areas); 18.810 (Street and Utility Improvement Standards); and the Bull Mountain Community Plan. SECTION 11. 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 MLP2004-00007/FOUSHEE PARTITION NO. 2 PAGE 1 OF 22 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: u mit tote Planning apartment organ racy, 639-4171, ext. or review an approva 1. Prior to commencing on site improvements, the applicant shall submit construction drawings that show that the private drive on the adjacent lot that serves this partition is designed to conform with turnaround requirements of 18.705.030.1.4. Additionally, the plans shall show that a fire hydrant is provided as required by the Uniform Fire Code. 2. Prior to commencing on-site improvements, the applicant shall revise the grading plans to reflect the reduced length of the private drive. If the private drive is extended beyond the 15 foot required frontage for Parcels 1 and 3, then the use of retaining walls shall be considered to reduce the amount of necessary tree removal and fill. The construction documents shall also be revised to show how fewer than 50% of the 6" and larger trees on site will be removed. This may be accomplished by reducing the grading on site, or providing tree preservation easements to limit the available size of the building envelope to preserve the requisite number of trees. 3. Prior to commencing on-site improvements, the applicant shall submit and receive approval for an erosion control and grading plan for alteration on slopes exceeding 25%. 4. Prior to commencing on-site improvements, the applicant shall submit a final tree mitigation F I lanting plan as part of their construction drawings. The applicant shall submit a cash deposit, etter of credit, or any other assurance deemed acceptable by the Director for the full value of the mitigation ($125X305=$38,125). Once the trees have been planted and/or the fee in lieu has been paid, the assurance will be released. Failure to adhere to the tree protection program shall result in a stop work order, until such time that an assessment of the site can be made, and proper remedies as provided for in 18.790 have been implemented. 5. Prior to commencing on-site improvements, the applicant shall submit a final Tree Protection Plan that shows exactly how far the tree protection fenc=ruction ll be from the face of each protected tree (including those on neighboring properties where occurs within the trees' driplines) that will be impacted by construction activities within its dripline. The applicant, through their Project Arborist, shall justify the close proximity of the construction activities to the trees. He shall certify by signing the final tree protection plan to be included with the construction documents that the activities will not adversely impact the overall and long-term health and stability of each tree. Any construction that occurs within the neighboring trees' driplines should be justified by the applicant and approved by the City Forester and neighboring property owner(s). Work may proceed within the driplines only with the approval of the City Forester. 6. Prior to commencing on site improvements, the applicant shall ensure that the Project Arborist will be respponsible for submitting written reports to the City Forester, at least, once every two weeks, 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 and 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 beinfollowed by the contractor, the City may 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, determine if any part of the Tree Protection Plan has been violated, and if so what remedial measures shall be imposed prior to resuming work. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 8. Prior to commencing on site improvements, the applicant shall ensure that the design for the intersection improvement at Roshak and Bull Mountain Road has been completed and approved. NOTICE OF DECISION MLP2004-00007(FOUSHEE PARTITION NO. 2 PAGE 2 OF 22 9. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 10. The applicant shall submit plans for the sanitary sewer extension to the City and CWS for review. The applicant shall obtain approval and permits for the sewer from CWS. 11. The applicant shall submit plans for the storm sewer, including downstream analysis for detention, to the City and CWS for review. The applicant shall obtain approval and permits for the storm sewer system from CWS. 12. 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. 13. The applicant's plans shall indicate the construction of an 8" water line extension from this development to the existing water line in Baker Lane. No public water line extension will be allowed in private street `A'. 14. All water meters shall be located within the planter strip. 15. Any necessary off-site utility easements shall be the responsibility of the applicant to obtain and shall be submitted to and accepted by the City prior to issuance of the PFI. 16. The applicant shall provide an on-site water quality facility as required by Clean Water Services Design and Construction Standards (adopted by Resolution and Order No. 00-7). Final plans and calculations shall be submitted to the Engineering Department (Kim McMillan) for review and to CWS for review, approval and permit issuance. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 17. The applicant shall provide a maintenance access road to the facility and any drainage structures within the facility to accommodate maintenance vehicles. The access road shall be paved and have a structural section capable of accommodating a 50,000-pound vehicle. The paved width shall be a minimum of 10 feet wide, and there shall be two-foot rock shoulders provided on each side. If the maintenance roadway is over 150 feet in length, a turnaround shall be provided. 18. An erosion control plan shall be provided as part of the Public Facility Improvement Esign I) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control and Planning Manual, February 2003 edition." 19. The applicant shall incorporate the recommendations from the submitted geotechnical report by GRI, dated September 7, 2004, into the final grading plan. The geotechnical engineer shall be employed by the applicant throughout the entire construction period to ensure that all grading, including cuts and hills, are constructed in accordance with the approved plan and Appendix Chapter 33 of the UBC. A final construction supervision report shall be filed with the Engineering Department prior to issuance of building permits. 20. 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. 21. The final construction plans shall be signed by the geotechnical engineer to ensure that they have reviewed and approved the plans. The geotechnical engineer shall also sign the as-built grading plan at the end of the project. NOTICE OF DECISION MLP2004-000071FOUSHEE PARTITION NO. 2 PAGE 3 OF 22 22. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 23. The applicant shall provide signage at the entrance of each private street that lists the street name or the addresses that are served by the given driveway or street. 24. Prior to construction the applicant shall provide the City with approvals from CWS for the sanitary sewer and storm sewer systems. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Submit tote Engineering Department (Kim McMillan, 639-4171, ext. 2642) or review an approval: 25. Prior to final plat approval, the applicant shall ensure that access easements and/or public rights of way are providedfor and improved as shown on the adjacent parcel as further conditioned in caseflle number MLP2004-00006. The applicant shall show utility easements in the general alignments shown on the preliminary partition plat. Maintenance responsibilities for these easements shall also be described on the plat(s). The applicant shall provide evidence that the plat for the adjacent parcel has been recorded. 26. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley Treat, Engineering). 27. 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. 28. 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/En ineering Permit Technicians, at (503) 639-4171, ext. 2421). C. 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. D. The right-of-way dedication for Bull Mountain Road 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: Submit tote Planning Department organ racy, 639-4171, ext. 4 or review an approva : 29. Prior to issuance of building permits, a geotech report will be required to evaluate the placement of structures and suitability of the soils for constructing the proposed dwellings. 30. Prior to issuance of building permits, the applicant shall replant any area where vegetation has been removed as a result of grading in conformance with Section 18.745.060 prior to obtaining building permits. NOTICE OF DECISION MLP2004-000071FOUSHEE PARTITION NO. 2 PAGE 4 OF 22 31. Prior to issuance of building permits the Project Arborist shall submit to the City Forester a final report describing how the Tree Protection Plan was implemented and detailing any failures to comply with the Tree Protection Plan. The report shall also describe the health of all remaining trees on the site, with details provided as to any tree that has had its root system disturbed or that has otherwise been damaged. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 32. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 33. Prior to issuance of building permits within the partition, the City Engineer shall deem the public improvements substantially complete. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all 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). 34. Prior to issuance of building permits, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features)) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). 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 e~rty Historv: The subject parcel 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. No other land use approvals were found to be on file. Site Information and Proposal Descriptions The subject property is approximately 009 square feet is size and is generally flat. The site is located behind another parcel at the intersection of SW Bull Mountain Road and Roshak Roads. Access will be provided through the front parcel as part of a separate partition approval (MLP 2004-00006). Based on the presence and extent of steep slopes, the maximum density on this site is 4 units with 3 units as the minimum, so no further shadow platting will be required for this 3 parcel request. The subject site is vacant with single-family homes located on the adjacent properties. SECTION IV. PUBLIC COMMENTS The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. One phone call was received inquiring about the partition, but the caller had no specific concerns. No written comments were received. NOTICE OF DECISION MLP2004-00007/FOUSHEE PARTITION NO. 2 PAGE 5 OF 22 SECTION V. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this decision are as follows: A. Land Partitions T972U- B. Applicable Development Code Sections 8.510 (Residential zoning is ric s 18.705 [ision ccess, Egress and Circulation) 18.715 ensity) 18.730 xceptions to Development Standards) 18.745 andscaping and screening) 18.765 ff-street parking and loading requirements) 18.790 ree removal) 18.795 clearance) C. Street and Utili Improvement 18A1 y (Street and U i i mprovement Standards) D. Decision Makin Procedures W.39(impact Study) E. Bull Mountain Community Plan The proposal contains no elements related to the provisions of these Specific Development Standard Code Chapters: 18.710 (Accessory Residential Units), 18.740 (Historic Overlay), 18.742 (Home Occupations), 18.750 (Manufactured/Mobil Home Regulations), 18.755 (Mixed Solid Waste & Recyclable Storage) 18.760 (Nonconforming situations), 18.785 (Temporary Uses), and 18.798 (Wireless Communication Facilities). These chapters are, therefore, found to be inapplicable as approval standards. SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. 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 b 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 proposed and will be required to construct public facilities to serve the ultimate impact of the proposed development. Based on the analysis provided herein, Staff finds that adequate public facilities are or will be made available to serve the proposal. Therefore, this criterion is met. 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. NOTICE OF DECISION MLP2004-000071FOUSHEE PARTITION NO.2 PAGE 6 OF 22 The minimum lot width required for the R-7 zoning district is 50 feet. All three parcels are 100 feet in width. 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 zoning district is 5,000 square feet for detached single-family units. The proposed partition creates three (3) lots that are 11,000, 11,000, and 11,009 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 15-foot wide access easement. Since a new private easement will be dedicated and constructed with the adjacent partition plat, all three lots will front this easement for more than 15-feet. 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. The site is presently vacant, so any new structure will be required to meet the setbacks which will be assured through the building permit process. This standard is met. 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. None of the proposed lots is a flag lot. Therefore, this standard is not applicable. 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 a utting 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 private easement will be created on tax lot 1201 to the south, however, no screen is required since this private easement was reviewed with the adjacent partition, and the driveway will be located greater than 10 feet from off site adjoining parcels. 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 fire district (TVFR) has reviewed the proposal and comments are included at the end of this decision. 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. All common drive easements are on adjoining property and maintenance and access rights are established as part of that plat. An easement is proposed to extend from the end of the new public street on tax lot 1201 to the south. Apart from utility easements, there are no other required easements on the site. Therefore this standard is met. Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and Circulation. This standard is addressed under 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. NOTICE OF DECISION MLP2004-00007/FOUSHEE PARTITION NO. 2 PAGE 7 OF 22 The partitioned lots are not within nor adjacent to a one-hundred-year floodplain. The site is at a~proxlmately 450 feet elevation, while the nearest floodplain (roughly a mile away) is at 130 feet e evatlon. 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 variances or adjustments have been submitted with this application. Therefore, this standard does not apply. B. Development Code Criteria 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 -9-TAN-ParcelI Parcel2 Parcel3 Minimum Lot Size - Detached unit 5,000 sq. ft. 11,000 sq. ft. 11,000 sq. ft. 11,009 sq. ft. - Duplexes 10,000 sq. ft. - Attached unit 5,000 sq. ft. Average Minimum Lot Width - Detached unit lots 50 ft. 100 ft. 100 ft. 100 ft. - Duplex lots 50 ft. - Attached unit lots 40 ft. Maximum Lot Coverage 80% Can be met Can be met Can be met Minimum Setbacks - Front yard 20 ft. Can be met. Can be met Can be met - Side facing street on corner & through lots 15 ft. Can be met N/A N/A - Side yard 5 ft. Can be met Can be met Can be met - Rear yard 15 ft. Can be met Can be met Can be met - Side or rear yard abutting more restrictive zoning district NIA NIA N/A - Distance between property line and front of garage 20 ft. Can be met Can be met Can be met - Side Yard Setbacks for Fla Lots [TDC 18.420.050(A)(4)(e)] 10 ft. N/A N/A N/A Maximum Height 35 ft. Can be met Can be met Can be met Minimum Landscape Requirement 20% Can be met Can be met Can be met A minimum lot size of 5,000 square feet is required for each lot. The proposed lot sizes greatly exceed this standard. Future development on the new parcels 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 can be 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. An easement through Tax Lot 1201 to the south was required as part of a previous partition approval. The standards of this chapter will be a continuing obligation on the owners sharing this easement. Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. NOTICE OF DECISION MLP2004-00007/FOUSHEE PARTITION NO. 2 PAGE 8 OF 22 This project obtains access through an adjacent proposed partition that provides a public street which intersects at Roshak and Bull Mountain Road. Lancaster Engineering has prepared a Traffic Impact Study, dated May 2004. Currently, sight distance cannot be met at the intersection of Bull Mountain Road and Roshak Road. The report states that obtaining additional right-of-way at the southeast corner of the intersection would improve sight distance to about 350 feet to the east for northbound traffic turning left. The applicant has indicated that they have acquired the additional right-of-way at the southeast corner of the intersection needed for the intersection improvements. The applicant's engineer shall complete the intersection design and submit the design to Vannie Nguyen, CIP Manager, for review and approval. The applicant's engineer will be required to submit final sight distance certification once the intersection improvements are complete. Sight distance certification must be submitted 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 submitted %the applicant's traffic engineer. In a case where a project has less than 150 feet of street froge, 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. No lots shall have direct access to Bull Mountain Road. 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. There are no driveways along a collector street. The adjacent partition was reviewed independently for compliance with this criterion. 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. The access easement serving Tax Lot 1200 is on the adjacent property. That easement was the subject of a separate review that required compliance with these standards. 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 the new private 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. The parcels will be accessed via a shared drive. This will be longer than 150 feet, but will conform to the Uniform Fire Code. TVFR has provided comments which are listed at the end of this decision. A fire hydrant will be required along this drive. 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%. NOTICE OF DECISION MLP2004-00007/FOUSHEE PARTITION NO. 2 PAGE 9 OF 22 As described above, the shared driveway will exceed 150 feet in length, however, the configuration of the drive provides a T-intersection which will be designed to conform to these requirements. Therefore these standards will be met. 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. There are no areas within this parcel that necessitate the limitation of driveway locations. Therefore this standard is not applicable. FINDING: The private access drive must be constructed to conform to turnaround and other fire safety requirements. There is inadequate access available until the adjacent parcel is platted. CONDITIONS: • Prior to commencing on site improvements, the applicant shall submit construction drawings that show that the private drive on the adjacent lot that serves this partition is designed to conform with turnaround requirements of 18.705.030.1.4. Additionally, the plans shall show that a fire hydrant is provided as required by the Uniform Fire Code. Prior to final plat approval, the applicant shall ensure that access easements and/or public rights of way are provided for and improved as shown on the adjacent parcel. Maintenance responsibilities for these easements shall also be described on the plat(s). Density Computations (18.715): A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed: 1. All sensitive land areas 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; and5. 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 repaired by Section 18.510.040, the minimum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80% (0.8). 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 33,009 square feet. There is approximately 9,260 square feet of steep (>25%) slopes on the subject parcel. There are no public or private streets within the subject parcel. To determine the net developable area, the square footage of the sensitive areas are deducted from the calculation. This results in a net developable. area of 23,749 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. Eighty percent of the maximum density is 3. The proposed partition creates 3 separate lots which comply with the density requirements. NOTICE OF DECISION MLP2004-000071FOUSHEE PARTITION NO. 2 PAGE 10 OF 22 FINDING: The proposed 3 lot partition conforms to the minimum and maximum densities prescribed for this site. Landscaping and Screeninq (18.745): Street trees: Section 18.745.040 Section 'f$r745.040.A.: All development projects fronting on a public 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 is accessed by a driveway on a separate parcel. That driveway is conditioned by a previous partition approval (MLP2004-00006) to provide street trees. FINDING: The requirement for street trees will be met by fulfilling the conditions of the adjacent partition approval. Sensitive Lands (18.7 includes The development site areas of steep slopes. Development of sites that include these areas requires review through the sensitive lands criteria as described below. Steep slo es. The appropriate approval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit on slopes of 25% or greater or unstable ground based upon findings that all of the following criteria have been satisfied: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; 2. 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; 3. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock; and 4. 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 Chapter 18.745, Landscaping and Screening. The areas of 25% or greater slopes are shown on the applicant's slope analysis plan, Sheet C3 of 8. As described later in this decision, staff finds that the extent of the disturbance is not minimized by this proposal. The fill proposed to support the private drive on the adjacent parcel will spread through a couple of areas of steep slopes. The amount of this fill can be reduced by shortening the road bed to the minimum required for meeting frontage requirements (in this case 15' in front of each parcel). In doing, so, approximately 120 feet less road bed will need to be graded. The other disturbances are to install required storm and sanitary sewer connections. These disturbances will be temporary in nature and the slope can be reestablished with vegetation once the construction is complete. The applicant has submitted a geotech report from GRI. This report provides specific recommendations for Site Preparation, Engineered fill and Grading, Fill Embankment Slopes, Subsurface Drains, Wet Weather Earthwork, Excavating Conditions and Utility Trenches, Pavement Design, Retaining Walls, Erosion Control considerations, Foundations, Footing Drains, and Seismic Design. An erosion control and grading plan will be required as part of the engineering approval process to ensure that grading within the steep slope areas will not result in sedimentation or erosion, as well as avoid on or off-site adverse effects. Furthermore, the City will require the applicant's engineer to submit the proposed construction plans to the geotechnical engineer for review and approval prior to City approval of the construction plans. A geotechnical report has been conducted to evaluate the suitability of the lots for building placement. A condition will be imposed to have the geotechnical engineer review the proposed building placement and grading plan prior to final plat approval for these areas. To address erosion concerns and removal of vegetation, the applicant will be required to submit an erosion control plan prior to any gradin The applicant has not indicated that areas affected by landform alterations will be re-planted if no covered by structures or impervious surfaces. This will be insured by the erosion control plan and a condition requiring areas to be replanted prior to final building permits. NOTICE OF DECISION MLP2004-000071FOUSHEE PARTITION NO.2 PAGE 11 OF 22 FINDING: To ensure the requirements of the sensitive lands chapter are met, the following conditions are imposed. CONDITIONS: • Prior to commencing on-site improvements, the applicant shall submit and receive agroval for an erosion control and grading plan for alteration on slopes exceeding 25 /o. • Prior to commencing on-site improvements, the applicant shall have the geotech engineer review and approve the construction plans including the details for all retaining walls for the City's review and approval. • Prior to issuance of building permits, a geotech report will be required to evaluate the placement of structures and suitability of the soils for constructing the proposed dwellings. • Prior to issuance of building permits, the applicant shall replant any area where vegetation has been removed as a result of grading in conformance with Section 18745.060 prior to obtaining building permits. 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. As required, the applicant submitted a tree plan that was conducted by Terry Flanagan. The plan contains four out of the four required components of a tree plan, and, is therefore, acceptable. According to the removal plan and assessment, there are 61 trees greater than 12" in diameter on the site. Of those, 2 are considered hazardous and are exempt from mitigation. Consequently there are 59 trees subject to the mitigation standards. Of the 59 trees, 28 (or 47%) are proposed for removal. Therefore 1/2 of the 609 removed caliper inches are required to be mitigated. This amounts to 305 caliper inches. To mitigate, the applicant has supplied a mitigation plantingg plan for 29 two-inch trees planted on site, and indicates that additional trees will be planted off site. To ensure that the trees are planted and/or the balance of unplanted trees are planted off site or paid as a fee in lieu, a cash deposit, letter of credit, or any other assurance deemed acceptable by the Director for the value of the trees (assessed at $125 per caliper inch) will be required prior to final plat approval. Staff notes that should any additional trees need to be removed based on the arborists assessment of specific site conditions, final mitigation will be recalculated. A tree mitigation proposal was submitted with the information for this project. It is Sheet C8 of 8. In order to approve the plan the City Forester will require more detailed information about the trees that will be included such as spacing of the trees, care and maintenance plan for the trees after they are planted, and planting uidelines. To ensure the long term viability of the mitigated trees, the large trees (Douglas fir and Biglea~ maple) may not be planted closer than 20 feet on center. The applicant may consult with their project arborist for assistance in revising this plan. The applicant has also included a tree protection program that states very specific measures to follow for placement of protection fencing and operational methods during construction. Staff incorporates those recommendations into the requirements of this decision. To reduce the amount of tree removal required, staff asserts that the proposed access drive could be shortened from the present 250 foot east-west segment to 130 feet, providing 15 feet of frontage for Parcels 1 and 3. By shortening this road, less fill is required to support the road, limiting the amount of tree removal. Final construction documents shall reflect this change. FINDING: Based on the analysis above, the Tree Removal Standards have not been met. In order to ensure that proper mitigation occurs, and that the protection plan is implemented, the applicant shall satisfy the following conditions: NOTICE OF DECISION MLP2004-00007/FOUSHEE PARTITION NO. 2 PAGE 12 OF 22 CONDITIONS: Prior to commencing on-site improvements, the applicant shall revise the grading plans to reflect the reduced length of the private drive. If the private drive is extended beyond the 15 foot required frontage for Parcels 1 and 3, then the use of retaining walls shall be considered to reduce the amount of necessary tree removal. Prior to commencing on-site improvements, the applicant shall submit a final tree mitigation planting plan as part of their construction drawings. The applicant shall submit a cash deposit, letter of credit, or any other assurance deemed acceptable by the Director for the full value of the mitigation ($125X305=$38,125). Once the trees have been planted and/or the fee in lieu has been paid, the assurance will be released. Failure to adhere to the tree protection program shall result in a stop work order, until such time that an assessment of the site can be made, and proper remedies as provided for in 18.790 have been implemented. Prior to commencing on-site improvements, the applicant shall submit a final Tree Protection Plan that shows exactly how far the tree protection fencing will be from the face of each protected tree (including those on neighboring properties where construction occurs within the trees' driplines) that will be impacted by construction activities within its dripline. The applicant, through their Project Arborist, shall justify the close proximity of the construction activities to the trees. He shall certify by signing the final tree protection plan to be included with the construction documents that the activities will not adversely impact the overall and long-term health and stability of each tree. Any construction that occurs within the neighboring trees' driplines should be justified b the applicant and approved by the City Forester and neighboring property owner(s~. Work may proceed within the driplines only with the approval of the City Forester. The Project Arborist shall submit written reports to the City Forester, at least, once every two weeks, 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 and 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 may 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, determine if any part of the Tree Protection Plan has been violated, and if so what remedial measures shall be imposed prior to resuming work. Prior to issuance of building permits the Project Arborist shall submit to the City Forester a final report describing how the Tree Protection Plan was implemented and detailing any failures to comply with the Tree Protection Plan. The report shall also describe the health of all remaining trees on the site, with details provided as to any tree that has had its root system disturbed or that has otherwise been damaged. 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 18) feet in height. Trees may be placed within this area provided that all branches below eight (8) eet 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. NOTICE OF DECISION MLP2004-00007/FOUSHEE PARTITION NO.2 PAGE 13 OF 22 The applicant's site plan shows the vision clearance triangles for the proposed lots. Vision clearance will be assured through the building permit process. Sight distance certification will be required under 18.810 for the intersection of SW Bull Mountain Road, Ros ak, and the new public street. Staff has not identified any other visual clearance obstacles. FINDING: Based on the analysis above, Staff finds that the Vision Clearance Standards can be met. PUBLIC FACILITY CONCERNS C. Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. 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. There are no streets on the subject parcel; improvements to streets serving this parcel were discussed as part of the previous partition (MLP2004-00006). Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. 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. Due to the presence of preexisting development to the west and east, and the fact that the site drops significantly off in along the north property boundary, connectivity to adjacent parcels is precluded. Cul-de-sacs: 18.810.0301 states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: ♦ All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other than circular, shall be approved by the City Engineer; and NOTICE OF DECISION MLP2004-000071FOUSHEE PARTITION NO.2 PAGE 14 OF 22 The length of the cul-de-sac shall be measured from the centerline intersection point of the two streets to the radius point of the bulb, and If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the City. No cul de sac is proposed, this standard is not relevant. 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 ujp to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. There are no streets on the subject site. Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a development abuts or is traversed by an existing or proposed arterial or major collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: A parallel access street along the arterial or major collector; Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; Screen planting at the rear or side property line to be contained in a non-access reservation along the arterial or major collector; or Other treatment suitable to meet the objectives of this subsection; If a lot has access to two streets with different classifications, primary access should be from the lower classification street. No direct access to an arterial or collector is proposed. Access will be obtained through a private drive and public street which in turn connect to Bull Mountain Road. 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. There are no private streets on the subject site. 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 18.810.040.8.1 states that the perimeter of blocks formed by streets shall not exceed 2,000 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. The applicant's future streets plan has been addressed with the adjacent partition proposal: "With the future extension of the public street to the east (approximately 1,075 linear feet) in addition to the 825 linear foot proposed street and 475 foot return along SW Bull Mountain Road, the proposed block measures 2,375 feet. While this exceeds the 2,000 foot limitation, the block is adjacent to SW Bull Mountain Road, a collector and is further constrained by the steep slopes present to the north and preexisting development to the west. Therefore this criterion is still satisfied." NOTICE OF DECISION MLP2004-000071FOUSHEE PARTITION NO. 2 PAGE 15 OF 22 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. A condition was imposed on that other development to require a pedestrian connection to satisfy this criterion, but is not made a part of this decision as the connection is on the adjacent parcel. 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. The three proposed parcels greatly exceed the minimum lot size in the zone. However, all these parcels are 100 feet wide to 110 feet deep. Therefore this standard is met. Lot Frontage: Section 18.810.060(6) 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 three lots have greater than 15 feet of private street frontage on street located on the adjacent parcel along the common boundary between tax lot 1200 and 1201. 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's plans indicate sidewalks on both sides of the private street. Staff recommends that since only one side is required to have sidewalks, to further reduce the impacts of grading, the sidewalk be omitted on one side. This will be reviewed as part of the construction documents for the adjacent partition. 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 previsions 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-sizin.q: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. The applicant's plans indicate a sewer extension to the north, connecting to the sewer in Bristlecone Way. The applicant must provide documentation of the necessary construction and permanent easements required for this extension. The sewer extension plans must be submitted to the City and Clean Water Services for review. The plans must be approved and permitted by Clean Water Services. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. NOTICE OF DECISION MLP2004-00007/FOUSHEE PARTITION NO. 2 PAGE 16 OF 22 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 stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will =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 shall submit plans and calculations to CWS and City of Tigard for review. CWS must review, approve and issue permits for the stormwater system, including detention, if required. The applicant's engineer shall submit a hydraulic gradient for the proposed storm sewer line. 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 righof-way. There are no designated bike facilities on or adjacent to this site. Cost of Construction: Section 18.810.110.13 states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. Not applicable. 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. Exception to Under-Grounding Requirement: Section 18.810.120.C states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the NOTICE OF DECISION MLP2004-000071FOUSHEE PARTITION NO.2 PAGE 17 OF 22 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. Power will be brought through the southern parcel underground. This standard does not apply. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Stud Findin sue: ~affic mpac S fully was prepared by Lancaster Engineering, dated May 2004. Their summary includes the following: 1) The future development of 33 single-family houses will generate approximately 25 am peak trips and 33 pm peak trips; 2) The intersection of Bull Mountain Road and Roshak currently operates at level of service B. The intersection will continue to operate at level of service B with the addition of traffic from this development; 3) The feasibility of improving the intersection of Bull Mountain Road and Roshak by improving turning radius and sight distance in the southeast quadrant, while not required by the subdivision traffic, is being investigated. As mentioned earlier in this report, the applicant is required to work with the City's CIP group on the intersection improvements. The applicant's engineer shall provide plans to the CIP Manager for review and approval. Public Water System: The app-licant has shown a public water extension in the proposed north-south street with stubs to the east and west property lines (located in the private street and future public street). The City's master water plan shows that an 8-inch water line connection is needed through this area to connect to the existing water line in Baker. The applicant shall revise their plans to provide for this extension and connection. The developer will need to secure offsite easements in order to complete this water line connection. The route would be similar to that for the proposed sewer extension. An 8-inch public connection must also be stubbed out to the east from Private Street A so that an eventual public connection can be made to a future line in SW Sunrise Lane. All water meter locations shall be within the planter strips and banked in public rights of way. The private drive will need to include easement provisions for utilities. Storm Water Quali : The i has agree 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. Gradin and Erosion Control: UWS Design an Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. NOTICE OF DECISION MLP2004-00007/FOUSHEE PARTITION NO. 2 PAGE 18 OF 22 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. The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed gradingg. slope construction. The recommendations of the report will need to be incorporated Into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. An NPDES 1200-C permit will be required. Address Assi nments: e 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. The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. Survey Requirements: ui Tiapplicant's 1'm~~t 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 waters stem features) in the development, and their respective X and Y State Plane Coordinates, referencedto NAD 83 (91). D. Impact Study (18.390) lion 18.360.096 staff "The Director shall make a finding with respect to each of the 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 18.390.040 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. NOTICE OF DECISION MLP2004-00007/FOUSHEE PARTITION NO. 2 PAGE 19 OF 22 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 $2,690 per new dwelling unit. The full value of the impact based on the three lots is $25,218. There are no public exactions associated with this development other than what is directly required by the proposed homes (i.e. sewer, storm drainage and water), and therefore there is no need to assess the proportionality of these improvements. E. - WASHINGTON COUNTY SW BULL MOUNTAIN COMMUNITY PLAN This area is within the City o agar s ran Services Area. In 1997 the City of Tigard and Washington County entered into an agreement that Tigard would review all applications for development within the Urban Services Area. Washington County adopted the City's Development Code in this area and an Urban Planning Agreement was entered into. This Agreement indicated that the City would continue to review projects in "areas of special concern" as defined in the SW Bull Mountain Community Plan (May 12, 1997 Urban Services Intergovernmental Agreement). This project site is not in any Areas of Special Concern. The following section addresses the other relevant portions of the Community Plan. Summit and Slopes - Design Elements: The residential character o this subarea is to be protected. Improvement of roadways should be done in a manner which does not encourage excessive traffic. All roads planned for improvement or connection to SW Bull Mountain Road within the Planning area should be constructed as minor collectors or local streets following the topography generally and not directly aligned with other major roadways. The proposed development is a residential partition designed within the designated density. Improvement of streets will be done to meet traffic safety requirements and meet development code standards. There are no streets on the subject parcel, and the access drive to it is a dead end street. 2. Hillside building techniques and foundation designs such as stilts, stepped foundations, etc. shall be used to minimize the alteration of existing slopes over 20 percent. Detailed site plans, elevations and sections shall be required showing all structures, foundations, and techniques proposed for hillside construction. These, as well as other site plan requirements for building on steep slopes, as defined in the Community Development Code, are intended to ensure that development activities do not increase the potential for earth movements such as landslides or land failures in the steeply sloped subarea. Detailed site plans will be generated at the building permit stage for home construction. The applicant's Sensitive Lands Analysis and geotech report provides an in-depth review of the feasibility of building on the steep slopes. The applicant notes that the use of stepped foundations, the sensitive lands review, and conditions discussed previously within this decision also insure that this element is met. 3. No grading, filling, clearing or excavation of any kind shall be initiated on steep slopes until a grading plan, as defined in the Community Development Code, is approved. Borrowing to obtain fill material shall be prohibited unless the material is obtained from a cut permitted under an approved grading plan, or imported from outside the hillside area. The final grading plan will show all proposed grading. This issue is discussed in greater detail under the Street and Utility improvement Standards section of this decision, as well as under the Sensitive Lands Review in this decision. 4. Removal of natural vegetation shall be minimized, existing vegetation protected and destroyed vegetation replaced. This is required in order to conserve important natural areas, decrease the potential for erosion, decrease the amount of surface water runoff and help prevent earth movement in hazardous areas. A slope stabilization and revegetation plan, which includes a schedule for revegatation after areas have been cleared, shall be included with the required grading plan. Revegetation shall be completed before October 15 of the year of construction, or a temporary treatment shall be required sufficient to prevent erosion prior to the rainy season NOTICE OF DECISION MLP2004-000071FOUSHEE PARTITION NO. 2 PAGE 20 OF 22 The Sensitive Lands Review portion of this decision has placed a condition to re-vegetate disturbed areas. The erosion control/grading plan will also require this to be shown. In addition, the tree removal section has a condition to plant required tree mitigation within the proposed tract areas as much as possible. 5. Because trees are such an important natural and scenic resource on SW Bull Mountain, development in areas of standing trees shall be designed to minimize the number of trees to be cut. At the time of development, no more than fifty percent of the mature standing trees (six inch diameter or greater) shall be removed from any parcel. Development design and clearing for structures shall provide for maximum retention of old growth trees. Prior to development, the harvesting of forest tree species for their commercial value shall be in accord with the Oregon Forest Practices Act. The slope stabilization and revegetation plan shall indicate the mature tree planned for removal and describe the replacement programs. Replacement trees must be of at least 1'/2-inch diameter. This issue is addressed under the Tree Removal section of this decision. The City's tree removal standards of TCDC 18.790 require only review and mitigation of trees over 12 inches in caliper. For purposes of the Bull Mountain Community Plan all trees greater than 6" are considered. The applicant's tree inventory notes that there are 62 trees greater than 6" dbh. Of those 54 are proposed for removal. This means 13% of the existing 6" and larger trees will be retained. This does not meet this standard. However, staff has required that the applicant revise the construction documents to shorten the driveway and associated fill. The construction documents shall also be revised to show how fewer than 50% of the 6" and larger trees on site will be removed. This may be accomplished by reducing the grading on site, or providing tree preservation easements to limit the available size of the building envelope to preserve the requisite number of trees. 6. Streams, seasonal waterways and immediately adjacent riparian zones, as defined in the Community Development code, shall be preserved in their natural condition including topography and vegetation. Where roads are required, bridges shall be preferred means of crossing streams and waterways rather than infill and piping or channelization of water flow. There are no streams present on the site. 7. Use of power line easements for farm operations, open space, and wildlife habitat shall be encouraged as appropriate in this subarea. There are no power line easements within the subject proposal area. This element is not applicable. 8. This Design element refers to Area of Special Concern 1, which is not within the project area. Therefore, this element does not apply. 9. This Design element refers to Area of Special Concern 2, which is not within the project area. Therefore, this element does not apply. 10. This Design element refers to Area of Special Concern 3, which is not within the project area. Therefore, this element does not apply. SECTION VI. OTHER STAFF COMMENTS City of Tigard Public Works comments have been incorporated into the additional public utility concerns, above. SECTION VII. AGENCY COMMENTS Clean Water Services comments have been discussed above under Public Facility Concerns. NOTICE OF DECISION MLP2004-00007/FOUSHEE PARTITION NO. 2 PAGE 21 OF 22 SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners --X- Owner of record within the required distance Affected government agencies Final Decision: THIS DECISION IS FINAL ON FEBRUARY 17, 2005 AND BECOMES EFFECTIVE ON MARCH 5, 2005 UNLESS AN 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 MARCH 4, 2005. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. ( February 17, 2005 PREPAR D BY: Morgan Tracy DATE Associate Planner February 17, 2005 APPROVED BY: Richard Bewers rff DATE Planning Manager i:\curpln\morgan\workspace\mlp\mlp2004-00006 and 00007 (foushee)\mIp2004-00007 decision.doc NOTICE OF DECISION MLP2004-000071FOUSNEE PARTITION NO.2 PAGE 22 OF 22 -r CIJ ~ GEOGRAPHIC INFORMATION SYSTEM VICINITY W M LP2004-00007 SLR2004-00024 BAKER LN FOUSHEE PARTITION ~#2 SITE UN =i SLR ~ t4 Oa., ccR ONY PL _ y ~E£F?END R~,/ mi i / x Tigard Area Map j S Q + o~ 0 100 200 300 400 Feet J 1 311 feet co CTLV 01 THMT-d Information on this map is for general location only and BULL MOUNTAIN RD SW NE should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard, OR 97223 (503) 639-4171 http:fhv\wv.ci.tigard. or. us Community Development Plot date: Nov 17, 2004; C:\magic\MAGIC03.APR CtiY Of t1OA~O ap aat Ana, m w ~p''n ~Ci ,oa'aat tpZ4 i'11 . a ~ Quo t tt 1+ ~ Y , 't t ell- a Goa fu sow r o f ~ i + r ~ 'all t OWN a J 1 ~ { 5 dg. eR j Y f , p2004.00007151R20p4'a0a24 o5H'EE Po 10N #2 QF TI~ _ ~ ^f t. scale)