SDR2000-00001 Decision - SAGELAND PARK 4-PLEXES/1-DUPLX
'NOTICE OF TYPE 11 DECiS10N
"URBAN SERVICE AREA,"
SITE DEVELOPMENT REVIEW (SDR) 2000=00001, CnYOFTIGAp.U'
'VARIANCE (VAR) 2000.00002, community 0everopueut
LOT LINE ADJUSTMENT MIS 2000-00001 Sfiapirzgyt BccterCoararnunity
120 DAYS =9120/2000
SECTION I. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: SAGELAND PARK
CASE NOS. Site Development Review (SDR) Type 11 SDR2000-00001
Variance (VAR) Type 11 VAR2000-00002
Lot Line Adjustment (MIS) Type I MIS2000-00001
PROPOSAL: The applicant has requested approval of the following:
1. New construction of two (2), four-plex units on Tax Lot 2001, and a
duplex on Tax Lot 1900.
2. A Type II Variance for a reduction of minimum lot size from the
required 6,100 square feet to 5,439 square feet on Tax Lot 1900.
This is a reduction of 661 square feet in lot area due to the unique
shape of Tax Lot 1900. The total combined lot size is 19,417 square
feet. The proposed lot size of Tax Lot 2001 is 13,978 square feet.
3. A lot line adjustment between Tax Lot 1900 and 2001.
APPLICANT: JLS Investments, Inc. OWNERS: Wasson Family, LLC
6312 SW Capitol Highway, #151 16735 Pacific Highway
Portland, Oregon 97201 Tigard, Oregon 97223
Attn: Jason Sage
COMPREHENSIVE
PLAN
DESIGNATION: Medium High-Density Residential.
ZONING
DESIGNATION: R-25: The R-25 zoning district is designed to accommodate existing
housing of all types and new attached single-family and multi-family
housing units at a minimum lot size of 1,480 square feefi. A limited amount
of neighborhood commercial uses is permitted outright and a wide range
of civic and institutional uses are permitted conditionally.
LOCATION: 11570 SW Graven Street; Washington County Tax Assessor's Map
2S1 1513D, Tax Lots 1900 and 2001. The project is located on the east
side of Pacific State Highway 99W on Graven Street.
APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390, 18.410,
18.520, 18.705, 18.725, 18.745, 18.755, 18.765, 18.780, 18.790, 18.795
and 18.810.
SECTION 11. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee
has APPROVED the request for Site Development Review subject to certain conditions, and
DENIED the request for a Type 11 Variance to reduce the minimum lot size, and the request for
a Lot Line Adjustment. The findings and conclusions on which the decision is based are noted
in Section VI 1.
NOTICE OF TYPE 11 DECISION SDR2000-00001 - SAGELAND PARK PAGE 1 OF 40
CONDITIONS OF APPROVAL
PRIOR TO THE ISSUANCE OF SITE AND BUILDING PERMITS,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED.
a mit tQ tthe Engineering apartment rian alter, 639-4171, ext. 31 or review an
approval;
1. Prior to issuance of a site permit, a Street Opening Permit will be required for this project
to cover the sidewalk and driveway work in SW Graven Street. The applicant will need to
submit five (5) copies of a proposed public improvement plan for review and approval.
NOTE; these plans are in addition to any drawings required by the Building Division and
should only include information relevant to the public improvements.
2. As a part of the public improvement plan submittal, the Engineering Department shall be
provided with the exact legal name, address and telephone number of the individual or
corporate entity who will be respponsible for executing the compliance agreement (if one i
required) and providing the financial assurance for the public improvements. For
example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify
the state within which the entity is incorporated and provide the name of the corporate
contact person. Failure to provide accurate information to the Engineering Department
will delay processing of project documents.
3. Prior to issuance of the site permit, the applicant shall submit a suite layout ma to lit
Church, Engiricerin Department. Suite numbers will then be assigned by the City and
the address fee will then he calculated, which must be paid by the applicant prior to
issuance of the site permit.
4. Additional right-of-way shall be dedicated to the Public along the frontage of SW Graven
Street to increase the right-of-way to 25 feet from the centerline. The description shall be
flied to the existing right-of-way centerline. The dedication document shall be on City
forms. Instructions are available from the Engineering Department.
5. The applicant's construction plans shall indicate that they will construct the following
frontage improvements along SW Graven Street as a part of this project:
A. 5-foot concrete sidewalk;
B. street trees behind the sidewalk spaced per TDC requirements; and
C. driveway aprons.
6. Prior to issuance of the site permit, the applicant shall demonstrate that they have
obtained final approval from USA for the proposed sanitary and storm drainage plan for
the project.
7. The applicant's water construction plan shall indicate that each of the three buildings will
be served from individual 1-inch meters, and each meter shall be fitted with a double
check valve assembly located behind the meter (oil the customer side).
Submit to the Planning Division (Karen Perl Fox 639-4171, ext 31) for review and
approval:
8. The applicant shall revise the site plan and change the rear setbacks for the multi-family
complex to meet the minimum requirement of a 20-foot rear yard setback along the
southern property line.
9. Applicant shall revise the site plan and indicate detectable warnings for accessibility at
the crossing between the visitor parking and the parking lot, or shall relocate the walkway
so that it oes not block the entry into parking spaces, yyet connects with the sidewalk
along the street. The applicant shall revise the site plan to include width dimensions for
the proposed walkway, which shall be a minimum of four-feet in width.
10. The applicant shall revise the site plan and clearly indicate the dimensions of the width of
the accesses to meet standards in accordance with TDC Section 18.705.030.H.1.
NOTICE OF TYPE It DECISION SDR2000-00001 - SAGEIAND PARK PAGE 2 OF 40
1
11. The applicant shall apply for and obtain a Type 11 Variance to the minimum density
requirements for the site. Alternatively, the applicant may apply for a Type 11 Ma or
Modification to the Site Develo ment Review, and shall re-design the site and a
minimum of one additional dwelling unit for a minimum of 11 units on the site, and meet
all other applicable criteria.
12. The applicant shall revise the landscape plan. Street trees shall be spaced to meet spacing
standards in accordance with Section 18.745.040.0, and shall have a minimum caliper of
two inches at four feet in height above grade. The a plicant shall provide a reference from
a standard landscape or gardening source to confi m the classification of the tree size,
including tree height and branching width at maturity, and suitability for the Willamette
Valley Climate.
13. The applicant shall revise the landscape plan to show a minimum 15-foot tree spacing for
the entire length of the west prope ::yy tine of the site to meet the Bufferingq and Screening
Standard C in accordance with TDdC Table 18.745.1, and Section 18.745.050.13.4. The
applicant shall revise the specifications provided on the landscape plan to indicate the buffer
area trees shall have a minimum caliper of two inches at four feet in height above grade.
The applicant shall provide a reference from a standard landscape or gardening source to
confirm the classification of the tree size (for the spacing propposed), including tree height
and branching width at maturity, and suitability for the Willametke Valley Climate.
14. The applicant shall revise the landscape and site plan to show a ten (10') wide buffer
area along the south and east property lines of the site, pplanted with lawn or diving round
cover. The applicant shall indicate a minimum of a six (5') foot buffer area ad°acen to the
six (6') foot high wall, and a minimum eight (3') foot buffer area adjacent to the proposed
fence along the western property line to meet Buffer standard C in accordance with Table
18.745.1 and Section 18.745.050.
15. The applicant shall revise the site and landscape plan to indicate screening at the north
side and entire perimeter of the shared outdoor recreational space along Craven Street in
accordance with Section 18.745.050.
16. The applicant shall revise the landscape plan and provide an adequate number of parkin
lot trees, on the basis of one (1 tree for each seven (7) parkin spaces, equally distributed
in order to provide a canopyy of eat. A minimum of one tree shall be planted to shade the
visitor parking and one tree to shade the parking spaces abutting the multi-family buildin s.
The applicant shall provide a standard landscape or gardening reference source for the
pro used tree type and shall provide evidence that the proposed tree type is suitable for the
Willamette Valley climate.
17. The applicant shall specify in detail the height of the trash storage area proposed and
include drawings to illustrate the layout of the storage area and dimensions of the
containers in accordance with the minimum standards method a described under Section
18.755.040.0. The applicant shall submit a written sign-cuff from the franchise hauler
regarding the facility location and compatibility regardless of the method chosen.
18. The applicant shall revise the parking plan to limit the accessible parking to one of the 14
parking spaces on the site or, alternatively, the applicant may provide justification for the
second accessible parking space based on need related to the anticipated renter
population make-up for this site. The applicant shall obtain approval for the revised
par king plan.
19. The applicant shall revise the site and landscape plans to indicate a minimum of four (4)
bicyycle stalls to serve the proposed eight (8 multi-family units in accordance with Section
18,75.050, and at least one bicycle stall sha l be located within 50 feet of each units' entry.
20. The applicant shall revise the plans and provide at least the minimum number of required
parking spaces for the duplex. If the duplex units are either one or two bedrooms, 3
parking spaces will be required at a minimum. If the duplex units are three bedrooms, the
minimum number of parking spaces required is four (4).
NOTICE OF TYPE 11 DECISION SDR2000-00001 -SAGELAND PARK PAGE 3 OF 40
21. Prior to issuance of a site permit, the applicant shall revise the plans and provide details
on how they will comply with requirements for fire-fighting access and shall obtain
approval from the Building Division and Tualatin Valley Fire and Rescue.
22. The applicant shall revise the plans and elevations, and redesign the entry portals to be a
minimum of eight feet in depth on both sides, or redesign the buildings to meet two out of
the three criteria under Section 18.360.090.A.3, Exterior Elevations and obtain Planning
Division approval.
2. Due to the condition in this decision for le al lot consolidation, the applicant shall revise
the plans and add shared outdoor space for all the units on the site that are part of the
multi-family complex (including the duplex) in accordance with Section 18.360.090. A.7.
24. The applicant shall revise the site and landscape plan and indicate clearly how the
share outdoor recreational space and the private outdoor spaces will be defined to
establish persons having a right to be in the space, to provide for crime prevention and to
establish maintenance responsibility, it is recommended that a split-rail or similar type of
fencing be used for screening which allows for some visual observance by neighbors to
prevent crime.
25. The applicant shall revise the lighting plan, and specify that fixtures shall be placed at a
height so that light patterns overlap of a height of seven feet which is sufficient to illuminate
a person.
26. The applicant shall revise the landscape plan and indicate clearly that a minimum of 20%
grass landscaping on the site is provided excluding private outdoor space and shared
recreational space. The applicant shall specify or mark on the plans exactly what areas
are bein counted toward the 20% gross minimum requirement under Section
18.360.09)%.A.12. Private outdoor area and shared outdoor recreational areas shall not be
counted toward the 20% gross minimum landscaping requirement.
7. The applicant shall apply for a Type 11 Variance to the minimum density requirements for
the site. Alternatively, the applicant shall apply for a Type II Major Modification to the Site
Development Review, and shall re-design the site plan ands add a minimum of one
additional dwelling unit to the site, for a minimum of 11 units to the site.
28. The applicant shall revise the site plan and indicate proposed legal lot consolidation
between Tax Lots 2001 and 1900.
29. Prior to issuance of a site permit. the applicant shall provide elevation drawings of all
propposed buildings, and the buildings shall not exceed the maximum height requirement
of T5 feet in accordance with TDC Table 18.510.2.
THE FOLLOWING CONDITIONS SHALL. BE SATISFIED
PRIOR TO THE ISSUANCE OF BUILDING PERMITS:
_Sul5mit to t ie ngineering epartment t rian ages, 63 -41 , ext. or review an
approval:
0. Prior to issuance of the building permit, the applicant shall p% the fee in-lieu of
constructing an on-site water quality facility. The fee is based on the total area of new
impervious surfaces in the proposed development and will be calculated by the Building
Division Plans Examiner.
Submit to the Planning Division (Karen Perl Fox 639-4171, ext 315) for review and
approval:
31. Prior to issuance of a building permit, the applicant shall legally consolidate Tax Lots
2001 and 1900 into one lot. Satisfactory legal evidence shall be presented in the form of
deeds, easements, leases or contracts for the legal lot consolidation.
NOTICE OF TYPE If DECISION SDR2000-00001 - SAGELAND PARK PAGE 4 OF 40
THE FOLLOWING CONDITIONS SHALL. BE SATISFIED!
PRIOR TO THE
FINAL, RUILDING INSPECTION BEING PERFORMED:
u mat to the rigineering apartment (Brian alter, 639-4171, ext. or review-and
approval:
32. Prior to a final building inspection, the applicant shall complete any work in the public
right-of-way (or public easement) and obtain approval from the Engineering Department.
33. The applicant shall either place the existing overhead utility lines along SW Graven Street
underground as a part of this project, or they shall pay the fee in-lieu of undergrounding.
The fee shall be calculated by the frontage of the site hat is parallel to the utility lines and
will be $27.50 per lineal foot. If the fee option is chosen, the amount will be $5,088.00
and it shall be paid prior to a final building inspection.
Submit to the Building Division (Bob Poskin 639-4171, ext 392) for review and
approval:
34. Prior to final building inspection, the applicant shall clearly mark and sign all interior drives
and access aisles to show direction of flow and maintain vehicular and pedestrian safety.
35. Prior to final building inspection, a sign shall be posted for the accessible parking space.
The aisle shall be located on the passenger side. The sign shall. be clearly visible to a
person parking in the space, shall be marked with the International Symbol of Access and
shall indicate the spaces are reserved for persons with disabled parking permits. "Van
Accessible" parking spaces shall have an additional sign marked "Van Accessible" mounted
below the sign. The parking spaces shall be designed in compliance with ADA standards,
and shall be maintained at all times to meet the standards established by the state building
code.
IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING
GENERAL PROVISIONS; THIS IS NOTAN EXCLUSIVE LIST:
All sign changes and additions shall be submitted as part of a separate sign permit
(application, and are not addressed in this decision. No new signs shall be placed or altered
prior to review and approval by the City in accordance with Tigard Development Code (TDC)
Chapter 18.780, Signs.
TDC Section 18.725.020 requires compliance with applicable state and federal regulations
pertaining to noise, odor and dischargge of matter into the atmosphere, ground, sewer system
or stream. All future tenants shall be in compliance with the Environmental Performance
Standard as set forth in federal and state environmental laws, rules and regulations, and
compliance is a continuing obligation of the property owner and operator.
Signs which are placed on parking lots shall be designed and installed in accordance with TDC
Chapter 18.780.
Visual clearance shall be maintained at the access to the site in accordance with TDC Chapter
18.795. In no case shall trees near the access have branches below eight feet.
The applicant shall comply with State and Federal regulations regarding the disturbance of
archaeological sites and ative American graves under the Indian Graves Protection Statutes
ORS 97.740.990) and the Protection of Archaeological Sites (ORS 358.905.955 and ORS
90.235.240). The applicant shall stop work and immediately notify the Oregon State Historic
Preservation office, and the City of Tigard Planning Department. If suspected dative American
human remains are found follow these procedures: First call the nearest office of the State
Police; Second, if the remains are Native American, call the Legislative Commission on Indian
Services at the State Capitol at 503-968-1067; and Third, call the State Historic Preservation
Office at 503-378-4168, ext. 232.
NOTICE OF TYPE 11 DECISION SDR2000-40001 - SAGELAND PARK PAGE 5 OF 40
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Historv:
The site islocated south of the Regal Terrace Subdivision, which fronts Graven Street on the
north side. There is an existing house and garage on Tax Lot 1900.
Vicinity Information:
The site is located in the Urban Services Area of Tigard, east of 99W (Pacific Highway
West), near the east end of Graven Street. The Gravers Street block, on the north and so
side, is zoned Medium High-DensitResidential, R-25. To the west and north of the site is
property in single-family residentia1'.u se. To the east of the site is proper y (Tax Lot 1800)
which appears currentlyy to be in commercial use (a barn and storage shedd according to the
applicant). To the south of the site is the Avalon Park Apartments.
Site Information and Proposal Description:
The site is comprised o two lots, Tax Lot 2001 and 1900. Tax Lot 1900 is located on a
cul-de-sac which is at the east terminus of Craven Street. The existing house and Garage on
Tax Lot 1900 is proposed for demolition. The proposal includes the new construction of two
(2), four-plea units on Tax Lot 2001, and a duplex on Tax Lot 1900. A lot line adjustment is
required to accommodate the proposed configuration of the lots. The total combined lot size
is required
square feet.
SECTION IV. DECISION MAKING PROCEDURES. PERMITS AND USE
Use Classification: Section 18.130.020
Lists the Use Categories.
The applicant is proposing tc construct two (2) four-plex units on Tax Lot 2001 and a duplex on
Tax Lot 1900. This use is classified in Code Chapter 18.130 (Use Classifications) as
Household Living. The site is located within the Medium High-Density Residential District.
Table 18.510.1 lists Household Living Retail as a permitted use in the R-25 zone.
Slummy Land Use Permits Chapter 18.310
Defines he decision-making type to which the land-use application is assigned.
This is a new construction proposal requiring Site Development Review and is, therefore,
defined as a Type 11 Application.
Decision Makin a Procedures: Chapter 18.390
Describes the decision-malting procedures.
Type 11 procedures apply to quasi-judicial permits and actions that contain some discretionary
cntena. Type 11 actions are decided by the Director with public notice, and appeals are heard
by the Hearing's Officer. Type I procedures apply to ministerial permits and actions containing
clear and objective approval criteria. Type i actions are decided by the Director without public
notice and without a public hearing.
SECTION V. NEIGHBORHOOD COMMENTS
Four letters were received from propert owners within the 500-foot buffer of the site. A
summary of each of the issues raised in the neighborhood comments are as follows:
NOTICE OF TYPE 11 DECISION SDR2000-00001 - SAGELAAND PARK PAGE 6 OF 40
1. This i a request for only one handica parking space on the site (rather than the two
proposed) to provide more standard off-street parking and prevent parking from
occurring on the street. The reference given is UDC 447.233 which requires only 1
accessiblehandicap parking space for parking lots between 1 to 25 spaces.
2. There is concern over the number of parking spaces allocated for the proposed
duplex.
3. There is concern that the proposed landscape screening will diminish the look of the
parking lot from the neighbors view. A fence is recommended along with landscaping
to hide the parking lot.
4. There is concern over the lack of attractiveness of the four-plea units and the duplex.
5. It was suggested that a "no parking sign" be placed on the street to allow better use of
the cul-de-sac a the only turn-around on the street.
6. There is concern about the location of the development next to the end of the street.
7. There are general concerns that there will not be enou h parking on the site because
most people have two cars. There is a no parkin or on the street. There is
concern about the increase in the number of vNicles on the street and noise and
nuisance issues created a a result.
8. There is concern that the proposed development does not fit in with this
neighborhood.
9. There is concern about the proximity of the four-plex to neighbors' windows.
10. There is concern that there is no place for children to play, and increase the risk of
children getting hurt while playing on the street.
11. There is concern that the development will lower property taxes to adjacent residential
property.
12. There is concern that the 10, two bedroom units are excessive for the size of the site
which will result in a significant increase in the number of families residing here, and
will change the ambiance of the neighborhood.
13. There is concern about the rental prices being lower than some of the surrounding
apartments and the effect that will have on the neighborhood. Concerns about mixing
renters from this development with primarily homeowners on the street. Desire to
have homeownership like row houses or common wall units for sale instead of rentals
on the street. There are already too many vacant rental units in the area.
14. There is concern regarding emergency vehicles being able to turn around if there are
wall to wall cars along the street.
Staff Response. Staff has taken these comments into consideration and addressed them
under each of the relevant criteria in this decision.
S ecifically~. issues #1, 2, 5, 6, 7, and 14 are addressed under Chapter
18.765, Or-Street Parking and Loading In addition, #1 is addressed
further under Section 18.360.000.14 in this decision. Also #14 is further
addressed under Section 18.360.090.A.2.
Issues #3, 9 and 10 are addressed under Chapter 18.745, Landscaping
and Screening and in Section 18.360.090.A.4, buffering, screening, and
compatibility between adjoining uses. Also, #9 is addressed under
Section 18.510.050.
NOTICE OF TYPE 11 DECISION SDR2000-00003 -SAGEL4ND PARK PAGE 7 OF 40
Issues #4 and 8 are addressed under Section 18.360.090.A.3, Exterior
elevations.
Issue #10 is addressed further under Section 18.360.090.A.7, Shared
outdoor recreation areas: multi-family use.
Issues #12 is addressed under Chapter 18.715, Density Computations.
Issues #11 and #13 are not within the scope of the Community
Development Code.
SECTION V1. SUMMARY OF APPLICABLE CRITERIA
A summary of the applicable criteria in this ease in the Chapter order in which they are
addressed in this decision are as fellows:
A. Zoning Districts
18.510 (Residential Zoning Districts)
B. S ecifc Develo ment St_nndaras
8.705 (Access, & Circulation)
18.715 Density Computation)
18.720 Design Compatibility)
18.725 Environmental Performance Standards)
18.745 Landscapin and Screening)
18.755 Mixed Solid Waste & Recyclable Storage)
18.765 Off-Street Parking and Loading Requirements)
18.780 Signs
18.790 Tree emoval)
18.795 Visual Clearance)
Land Use Decisions
C. 18.360 Site Development Review- Specific standards)
D. 18.370 Variance)
E. 18.390 Impact Study Section 18.390.040)
Land Divisions
F. 18.410 (Lot Line Adjustment)
G. Street and Utility Im rovement Standards
18.810 (Street and Utility Improvement Standards)
The proposal contains no elements related to the provisions of these Specific Development
Standard Code Chapters: 18.710 (Accessory Residential Units), 18.730 (Exceptions to
Develo meat Standards), 18,740 (Historic Overlay), 18.742 (Home Occupations), 18.750
ManTactured/Mobile Home Regulations), 18.760 (Nonconformingg Situations), 18.775
Sensitive hands), 18.785 Tern rary Uses, 18.797 (Water Resources C3verlay District), 18.798
Wireless Communication Facilities). These Chapters are, therefore, found to be inapplicable
as approval standards.
SECTION VII. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
A. ZONING DISTRICT
Residentiat Zoning District;, Section 18.510.020
Lists the description of the Residential Zoning Districts.
The site is located in the R-25: Medium High-Density Residential.
pevetoprnent ,Standards: Section 18.510.050
States that Development standards in residential zoning districts are contained in
Table 18.510.2 below:
NOTICE OF TYPE It DECISION SDR2000-00001 - SAGE[AND PARK PAGE 8 OF 40
i
EXCERPT FROM TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
R-zs
STANDARD tti9F DU` Sr DU''
Mirdmum Lot Size
Detached unit 1.480 sq.ft. 3,050 sq. ft. per unit
Attached unit 1,480 sq.ft.
- Duplexes 6;100 sq.ft. or 3,050 sq.ft. per
- Boarding, lodging, rooming house 6,160 sq.ft; unit
Average Lot Width None None
Minimum Setbacks
- FruiA yard 20 fL 1s ft
- Side facing Street on
comer & through lots 20 ft. 10 ft.
- side yard 10 ft. 5 ft. [1]
Rear yard 20 ft. 15 ft.
- side or rear yard abutting more
restrictive zoning district 30 ft. 30 ft.
- Distance between property line
and garage entrance 20 ft. 20 ft.
Maximum Height 45 ft 45 ft.
Maxir-ium Lot coverage [2] 80% 80%
Minimum Laitcisca;,e Requirement 20% 0%
[1] Except this shall not apply to attached units on the lot line on which the units are attached.
[2] Lot coverage includes all buildings and impervious surfaces.
Multiple-family dwelling unit
Single-family dwelling unit
The total site area including both Tax Lot 2001 and Tax Lot 1900 is 19, 417 square feet. The
total building footprint area for the site is appproximately 5,504 square feet. The total building,
and impervious surface area is approximately 13,980 square feet, or 72%. The proposed lot
coverage of 72% does not exceed the maximum lot coverage requirement of 80%. Staff roughly
estimates that the total combined landscape area on the site is 5,255 square feet, or 27°l0, and
meets the minimum 20% landscape requirement. Under Section 18.360.090.A.12b, the 20%
minimum landscaping cannot include the private and shared outdoor space for multi-family
units. The landscaping percentage will need to be recalculated to confirm that the project does
have a minimum 2 % for the entire site after other site design changes are made to meet the
conditions in this decision.
For Tax Lot 2001 alone, the net site area is appproximately .32 acres or 13,978 square feet. The
proposed combined building footprint area for the two multi-family, buildings is 3,712 square feet.
The total proposed landscaping, less the shared outdoors pace is 4,102 square feet according
to the ,applicant. However, this figure appears to be higher than the actual landscape area
proposed, and to have included the private outdoor s ace which must be deducted, Staff
estimates that the proposed landscape area is roughly IcI4 square feet, or 19.4% of Tax Lot
2001. The a plicant has not provided clear evidence that Tax Lot 2001 alone can meet the
minimum 20°0 landscaping requirements (see Section 18.360.090.A.12b).
For Tax Lot 1940 alone, the total building footprint i 1,792 square feet. The total building and
impervious surface is 44.71 `ale of the lot area, leaving a landscape area of 3,007 or 55.29%.
However, this landscape percentage will be reduced by additional parking required for the
duplex which is addressed under Chapter 18.765 of this decision.
The multi-family dwellings on Tax Lot 2001 do not meet the rear setback requirement of 20 feet
for the rear yard or 10 feet on the eastern side yard. Also, the bicycle parking stalls are located
in the 10-foot side yard setback requirement. A legal lot consolidation will eliminate the 10-foot
setback requirement on the current eastern side yard of Tax Lot 2001. The duplex on Tax Lot
1904 meets the setback requirement of 15 feet in the front and rear yard and 5 feet in the side
yard.
NOTICE OF TYPE 11 DECISION SDR2000-00001 - SAGEtAND PARK PAGE 9 OF 40
The proposed multi-family dwelling units on` Tax Lot 2001 are proposed to be two stories in
height, and are a roximately 21 #eet in height to the centerline of the gable roof and 24 feet
and nine inches (1'-9" to the peak of the roof on the multi-family dwelling units. Therefore, the
buildings on Tax Lot 2001 meet this criterion as they do not exceed the maximum building
height of 45 feet.
No height dimensions or elevation drawings were provided for the proposed duplex on Tax Lot
1900, therefore, it is not char what height is intended. Therefore, the proposed duplex does not
meet this criteria..
A legal lot consolidation is required so that the plan is able to meet the minimum landscaping
requirement, the setback re uirements, and the buffer requirements (as addressed in this
decision under Chapter 18.741 in this decision). The legal lot consolidation will also eliminate
the need for a lot line adjustment creating a lot below the minimum lot size (as addressed in this
decision under Chappter 18.410 and Chapter 18.370). In addition, the le al lot consolidation will
allow the proposal to be considered one multi-family complex as a whole. Therefore, the site
will be more likely to meet the minimum density requirement if an additional unit i added to the
site through a Tpe II Major Modification of the Site Development Review in the future (as
discussed in this decision under Chapter 18.715).
FINDING: This criteria is not met. In order to meet this criteria, the following conditions shall
be satisfied:
CONDITIONS:
Prior to issuance of a building permit, the applicant shall legally consolidate
Tax Lots 2001 and 1900 into one lot. Satisfactory legal evidence shall be
resented in the form of deeds, easements, leases or contracts for the legal
llt consolidation.
Prior to issuance of a site permit, the applicant shall provide elevation
drawings of all proposed buildings, and the buildings shall not exceed the
maximum height requirement of 45 feet in accordance with TDC Table
18.510.2.
+ The applicant shall revise the site plan and change the rear setbacks for the
multi-family complex to meet the minimum requirement of a 20-foot rear
yard setback along the southern property line.
B. SPECIFIC DEVELOPMENT STANDARDS. CHAPTER 18.700
Site Development Review Approval Standards: Chapter 18.380 is applicable to all new
developments and major modifications of existing developments. It defines the
Applicability of Provisions, the Approval Process, and the Approval Criteria for the
standards contained in the Community Development Cade. Site Development Review:
Section 18.360.090 requires that a development proposal be found to be consistent with the
applicable criteria in the Community Development Code.
The applicable Tigard Community Develo ment Code (TDC) criteria in this case are listed in the
Summary of Applicable Criteria above in ection VI. of this decision. A list of the non-applicable
criteria can also be found there. The following addresses the Specific Development Standards in
the TDC:
ACCESS EGRESS AND CIRCULATION: CHAPTER 18.705
Walkway Location: Section 18.705.030.E
Ors-site pedestrian walkways shall comply with the following standards:
Walkways shall extend from the ground floor entrances or from the ground floor landing
of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the
streets which provide the required access and egress. Walkways shall provide
convenient connections between buildings in multi-building commercial, institutional,
and industrial complexes. Unless impractical, walkways shall be constructed between
new and existing developments and neighboring developments;
NOTICE OF TYPE It DECISION SDR2000-00001 - SAGELAND PARK PAGE 10 OF 40
Proposed concrete walkways extend from the ground floor entrances to the street (to the existing
sidewalk along Graven Street) and along the frontages of the buildings.
Within all attached housing (except two-family dwellings) and multi-family developments,
each residential dwelling shall be connected by walkway to the vehicular. parking area,
and common open space and recreation facilities;
Each residential dwelling within the multi-family development is proposed to be connected by a
walkway to the parking area, and to the areas demarked for shared outdoor recreation.
Wherever required walkwa s cross vehicle access driveways or parking lots, such
crossings shall be desigmed and located for pedestrian safety. Required walkways shall
be hysically separated from motor vehicle traffic and parking by either a minimum 6-
inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that
pedestrian crossings of traffic aisles are permitted for distances no greater than 6 feet if
appropriate landscaping, pavement markings, or contrasting pavement materials are
used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs
and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall
be in compliance with ADA standards,
The proposed walkway crosses the parking lot in front (to the east) of the visitor parking spaces,
and can meet the standard for a minimum 3-foot horizontal separation, and the minimum four-
foot width standard. It is not clear, however, from the applicant's plans whether a curb is being
proposed at this location, and dimensional width is not indicated on the plans. The applicant
shall provide a crosswalk with detectable warnings between the visitor parking and the parking
lot, or shall relocate the walkway so that it does not block entry into parking spaces yet connects
with the sidewalk along the streei. The applicant shall revise the site plan to include width
dimensions for the proposed walkway which shall be a minimum of four-feet in width.
Required walkways shall be paved with hard surfaced materials such as concrete,
asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as
needed for safety purposes. Soft-surfaced public use pathways may be provided only if
such pathways are provided in addition to required pathways.
The applicant has pro osed concrete walkways. Parking and exterior common area pale
lighting is proposed by the applicant (4 pops), however it is not clear from the plans where the"
pole lighting will be located. In addition, each unit will have a wall mounted 11C fixture with
electric eye. Though the walkway is not proposed to have its own lighting, the lighting proposed
for the site is adequate for safety purposes for illuminating the walkway.
FINDING: The proposed plan does not meet the standard. However, if the applicant meets
the following condition, the criteria will be met:.
CONDiTION:The applicant shall revise the site plan and indicate detectable warnings for
accessibility at the crossing between the visitor parking and the parking lot, or shall
relocate the walkway so that it does not block the entry into parking spaces, yet
connects with the sidewalk along the street. The applicant shall revise the site
plan to include width dimensions for the proposed walkway, which shall be a
minimum of four-feet in width.
H. Minimum access requirements for residential use.
1. Vehicular access and egress for single-family, duplex or attached single-family
dwelling units on individual lots and multi-family residential uses shall not be less
than as provided in Table 18.705.1 and Table 18.705.2;
NOTICE OF TYPE 11 DECISION SDR2000.00001-SAGELAND PARK PAGE 11 OF 40
TABLE 18.705.2
VEHICULAR ACCESS/EGRESS REQUIREMENTS:
MULTI-FAMILY RESIDENTIAL USE
_ _ _
Dwelling Units Minimum Number of Minimum Access _ Minimum_ P_avement
Required Sidewalks, etc.
Driveways Required
1--__ j
1-2 1 15, 10,
3-19 1 30, 24' if two-way, 15' if
one-way: Curbs and 5'
walkway required
20-49 1 30' 4' if two-way
or
2 30' 15' if one-way. Curbs
and 5' walkway requires!
50-100 2 30' 24 Curbs and
5' walkway required
A there are eight (8) units proposed on Tax Lot 2001, a minimum of one {1) access is required
with a thirty (3 foot minimum access required, and minimum pavementt width of tweetyy-four
(24') feet for the two-way traffic. As there is one duplex proposed on Tax Lot 10017, the
minimum number of driveways is one (1) with a 15-foot access required and minimum pavement
width of ten (10') feet. The applicant has not clearly marked the access width dimensions on the
plans on either Tax Lot 2001 or Tax Lot 1900. However, there appears to be adequate width to
meet this standard. On Tax Lot 2001, the access pavement width is shown as 24 feet,
measured off the plans. On Tax Lot 1900 the access drive is twenty-two (22') feet wide,
measured off the plans.
2. Vehicular access to multi-family structures shall be brougght to within 0 feet of the
around floor entrance or the ground floor landing of a stairway, ramp, or elevator
leading to the dwelling units,
One parking~ lot serves both multi-family dwelling units on Tax Lot 2001, and is located directly in
front of all the structures and within 517 feet of the ground floor entrance of the dwelling units.
On Tax Lot 1900, the parking area is located directly in front of the dwelling units, therefore, this
criteria is met.
3. Private residential access drives shall be provided and maintained in accordance
with the provisions of the Uniform Fire Code;
Private residential access drives are proposed, therefore, this criterion is met.
4. Access drives in excess of 150 feet in length shall be provided with approved
provisions for tile 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 legg of the hammerhead
having a minimum depth of 40 feet and a minimum widtf-i of 20 feet,.
C. The maximum cross slope of a required turnaround is 5%.
The proposed access drives on both Tax Lot 2001 and Tax Lot 1900 are less than 150 feet in
length, therefore, this criterion is inappiicable.
5. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a
distance of at least 30 feet), may be required so as to reduce the need for
excessive vehicular fucking motions in situations where two vehicles traveling in
opposite directions meet on driveways in excess of 200 feet in length;
This criterion is not applicable as the proposed driveways are do not exceed 200 feet in length.
NOTICE OF TYPE 11 DECISION SDR2000-00001 - SAGEtAND PARK PAGE 12 OF 40
6. Where permitted, minimum width for driveway approaches to arterials or collector
streets shall be no less than 20 feet so as to avoid traffic turning from the street
having to wait for traffic exiting the site.
The driveway approach is to a local street Graven Street), therefore, this criterion is
inapplicable.
FINDING: This standard can be met, however, the applicant has not clearly dimensioned the
width of the proposed accesses at the street. Therefore, in order to satisfy this
standard, the applicant shall meet the following condition:
CONDiTION:The applicant shall revise the site plan and clearly indicate the dimensions of the
width of the accesses to meet standards in accordance with TDC Section
18.705.030.H.1.
DENSITY COMPUTATIONS: CHAPTER 18.715
Density Calculation: 18.715.020
A. Definition of net development area. Net development area, in acres, shall be
determined b subtracting the following land area s) from the gross acres, which its
all of the landyincluded in the legal description of the property to be developed
All sensitive land areas: a. Land within the 100-year floodplain; b. Land or slopes
exceeding 25% c. Drainage ways; and d. 'Wetlands.
All land dedicated to the public for park purposes;
All land dedicated for public rights-of-way. When actual information is not
available, the following formulas may be used: Single-family development allocate
0% of gross acreage, Multi-family development: allocate 15% of gross acreage.
+ All land proposed for private streets; and
A lot of at leant the size required by the applicable base zoning district, if an
existing dwelling is to remain on the site.
Tax Lot 2001 is proposed to be a net 13,078 square feet and Tax Lot 1900 is proposed to be a
net 5,439 square feet after a lot line adjustment, however, the request for Lot Line Adjustment is
denied in Chapter 18.410 in this decision.
B. Calculating maximurri 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.
The maximum number of residential units for the entire site is calculated by dividing 19,417 by
1,480 square feet per unit which equals 13.12 and is rounded down to 13 units. The total
number of units proposed is 10, therefore, this standard is not exceeded.
For Tax Lot 2100 :alone, the maximum number of residential units is calculated by dividing
13,978 square feet by 1,480 square feet per unit which equals 9.4 units and is rounded down to
9 units allowable. Eight (8) units are proposed on Tax Lot 2100, therefore, this standard is not
exceeded.
For Tax Lot 1900 alone, one duplex is proposed on a 5,439 square foot lot. As the minimum lot
size for a duplex in the R-2 zone is 6,100 square feet, the maximum number of units is arrived
at by.dividing the lot size of 5,439 square feet by 6,100 which i less than one. The proposed lot
size is below the minimum standard. For multi-family units, the maximum lot size is arrived at
by dividing 5,439 square feet by 1,480 square feet per unit which is 3.68 units, rounded down to
units. As two (2) dwelling units are proposed (a duplex), the maximum density is not
exceeded, however, the minimum lot size is not met. The applicant has a plied for a Variance
to the minimum lot size which is addressed under Section 18.370.010 in this decision. A legal
lot consolidation is required and conditioned within this decision, therefore, maximum density
requirements for the entire site apply.
NOTICE of TYPE 11 DECISION SDR2000-0000 t -SAGELAND PARK PAGE 13 of 40
FINDING: This standard is mot.
C. Calculating minimum number of residential units. As required by Section
18.510.040, the minimum number of residential units per net acre shall be
calculated by multiplying the maximum number of units determined in Subsection
B above by 80% (0.8).
The minimum number of residential units for the entire site is calculated by multiplying the
maximum number of units 18.12 x 80% which equals 10.50; and 10.50 is rounded a to 11 units
minimum. The applicant only proposes 10 units on the site, therefore, this standard is not met.
The neighborhood comment (#12) that raises concern that 10 dwelling units are excessive for
this entire site is not supported by application of the minimum density requirement for 11 units.
For Tax Lot 2001 alone, the minimum number of residential units is calculated by dividing the
maximum of 9 units x 80% which equals 7.52 and is rounded up to 8 units minimum. The
applicant has proposed the minimum 8 units on Tax Lot 2100. Therefore, Tax Lot 2001 alone
would meet the minimum density requirement.
For Tax Lot 1900 alone, the minimum number of residential units i arrived at by multiplying the
maximum number of residential units of 3.68 x 80% which equals 2.94 and is rounded up to 3
units. The applicant has proposed a duplex (two dwelling units) which is less than the minimum
number of units required. for Tax Lot 1900. As Tax Lot 1900 does not meet the minimum lot
size, a Type 11 Variance ►s required to adjust the minimum density requirement. Tax Lot 1900
also does not meet the minimum lot size, therefore, the applicant requested a Tye 11 Variance
for a reduction in the minimum loft size which is addressed under Chapter 8.370 in this
decision.
FINDING: The standard for minimum density is not met. In order to meet the minimum
density requirements, the applicant shall meet the following condition:
CONDITION:.The applicant shall apply for and obtain a Type 11 Variance to the minimum density
requirements for the site. Alternatively, the applicant may apply for a Type 11 Major
Modification to the Site Development Review, and shall re-design the site and add
a minimum of one additional dwelling unit for a minimum of 11 units on the site,
and meet all other applicable criteria.
Applicability of Provisions: 18.720.020
These provisions apply to all multi-famiil and attached single family residential projects
in zoning districts R-4.5 through RZ that abut property zoned for single-family
residential development.
These standards are not applicable to this site as the abutting property i zoned R-25, Medium
Density Residential, which is not considered to be zoned for `single-family residential
development."
ENVIRONMENTAL PERFORMANCE STANDARDS: CHAPTER 18.725
Requires that federal and state environmental laws, rules and regulations be applied to
development within the City of Tigard. Section 18.725.030 Performance Standards
regulates. Noise, visible emissions, vibration and odors.
Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through
7.40.210 of the Tigard Municipal Code shall apply.
Visible Emissions.
Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is
permitted in an given zoning district which is discernible without instruments at the
property line of to use concerned.
Odors. The emissions of odorous gases or other matter in such quantities as to be readily
detectable at any point beyond the property line of the use creating the odors is prohibited.
DEQ rules for odors (340-028-090) apply.
NOTICE OF TYPE it DECISION SDR2000-00001 - SAGELAND PARK PAGE 14 OF 40
1
Glare and heat. No direct or sky reflected glare, whether from floodli hts or from high
temperature processes such as combustion or welding, which is visible at the lot line
shall be permitted, and; 1) there shall be no emission or transmission of heat or heated
air which is discernible at the lot line of the source; and 2) these regulations shall not
apply, to signs or floodlights in parking areas or construction equipment at the time of
construction or excavation work otherwise permitted by this title.
Insects and rodents. All materials including wastes shall be stored and all grounds shall
be maintained in a manner which will not attract or aid the propagation of insects or
rodents or create a health hazard.
As this is a typical multi-familyy dwelling complex, and this is a permitted use in the R-25 zone,
the above performance standards are met. Neighborhood comment #7 raises concerns about
the increased number of vehicles on the street and the noise and nuisance issues created as a
result. The neighborhood comment is speculative, and not based on fact, as the minimum
parking standards will be met by this proposal. However, these performance standards shall be
maintained and compliance is a continuing obligation of the property owner and the operator.
FINDING: This standard has been met.
LANDSCAPING AND SCREENING. CHAPTER 18.745
Establishes standards for landscaping, buffering and screening to enhance the aesthetic
environmental quality of the City.
Street Trees: Section 18.745.040
Development projects with more than 100 feet of frontage along a street or private driveway
plant street trees in accordance with Section 18.745.040.0.
Section 1$.745.040.0 provides specific requirements for tree spacing including:
Landscaping in the front and exterior side yards shall include trees with a minimum caliper
of two inches at four feet in height as specified in the requirements stated in Subsection 2
which includes the specific spacing of street trees by size of tree, small, medium or large.
Except for signalized intersections as provided in Section 18.745.040.H, trees shall not be
planted closer than 20 feet from street intersection, nor closer than two feet from private
driveways (measured at the back edge of the sidewalk), fire hydrants or utility policies to
maintain visual clearance
Section 18.745.040.6, Granting of Adjustments. Adjustments to the street tree
requirements may be granted by the Director by means of a Type procedure, as regulated
in Section 18.390.030, using approval criteria in Section °18.370.020. 4b
The property has approximately 182 lineal feet of frontage along Graven Street. Deductin the
estimated widths of the accesses of 46 lineal feet from the frontage leaves approximately 13 feet
of frontage for purposes of determining minimum street trees required. A total of 4 large trees
spaced no greater than 40 feet apart, or 5 medium trees spaced no greater than 30 feet apart, or 8
small trees spaced no greater than 15 feet apart will meet the standard.
The applicant has proposed Northern Red Oak as large trees spaced 40 feet apart in the narrative
application, however, the trees are shown on the plan adjacent to the comppact arking spaces on
Tax Lot 2001 as greater than 40 feet apart. A large tree under Section 18.74040 is defined as
"over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater
than 30 feet apart."
It appears from the landscape plan that a smaller tree is intended for Tax Lot 19010 in front of the
proposed duplex. A combination of tree sizes and species may also be proposed, however, this is
not recommended.
FINDING: The criteria for street trees has been not been satisfied. If the condition below is
satisfied, then the criteria will be met.
NOTICE Or TYPE 11 DECISION SDR2000-00001 SAGELANO PARK PAGE 15 OF 40
CONDITION; The applicant shall revise the landscape plan. Street trees shall be spaced to meet
spacing standards in accordance with Section 18.745.040.0, and shall have a
minimum caliper of two inches at four feet in height above grade. The applicant shall
provide a reference from a standard landscape or gardening source to confirm the
classification of the tree size, including tree height and branching width at maturity,
and suitability for the Willamette Valley Climate.
Buffering and Screening: Section 18.745.050
Buffering and Screening: Section 18.745,050.A.2
Buffering and screening is required to reduce the impacts on adjacent uses which are of a
different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2).
EXCERPT FROM TABLE 18.745.1
BUFFER MATRIX
Single Units, Attached Single Attached
Detached; Uni6 and Single Unity
Manufactured Multifamily, and
Units 1-5 Units; Wiltdamily,
EXISTING/ABUTTING USE Duplexes 5+ Units
Detached Single Units; Manufactured Units - A C
Attached Single Units and Multifamily, A - B
1-5 Units, Duplexes
Attached Single Units and Multifamily, A A -
5+ Units
Mobile Home Parks A A B
Commercial Zones (CC, CC, CP, CBD) C c c
Neighborhood commercial Zone (CN) c c C
Mixed Use Employment Zone (MUE) G C C
Light industrial Zones (IP, IL) D D D
Heavy Industrial Zone (11-1) D D D
Parking Lots C C c
Arterial Streets A A A
Note: See Table 18.745.2 for alternative combinations for meeting these screening requirements.
TABLE 18.745.2
BUFFER COMBINATIONS FOR LANDSCAPING AND SCREENING [1]
Options Width (feet) ( Trees Shrubs or Groundcover I Screening
(per linear feet of buffer) 1
A 10 Lawn/living
_ - - _
10 20' min/30' max spacing Lawn/living
B groundcoyer _
10 Shrubs 4' hedges
C Z 8 15' rain/30' max spacin Shrubs 5' fence -
3 6 Shrubs 6' wall
1 20 Shrubs 6' hudi e
D 2 15 10' min120' max spacing Shrubs 6' fence
- 3 10 Shrubs 6' wall
1 30 10' mica/20' max spacing Shrubs 6' hedge rat' fence -
E 2 25 Shrubs 5' earthen berm or wall
F 40 10' min/20' max _s acing Shrubs 6' hedge, fence, wall or
t17 Buffers are not required between abutting uses that are of a different type when the uses' are separated by a street as
specified In Section 18.745.050 A2.
(2) Adjustments from these requirements can be obtained, see Section 18.370.020 G4.
NOTICE OF TYPE 11 DECISION SDR2000-00001 - SAGELAND PARK PAGE 16 OF 40
Buffering and Screening Requirements: Section 18.745.05018
A buffer consists of an area within a required setback adjacent to a property line and having
a depth equal to the amount specified in the buffering and screening matrix and containing
a length equal to the length of the property line of the abutting use or uses.
The Buffer Matrix Table 18.745.1 indicates that where the multi-family units abut detached
single-family units to the west , the Buffer and Screening Standard is C, and where the duplex
abuts the multi-family units the Standard is A (between Tax Lot 2001 and 1900). Where the
duplex abuts the existing use to the east, the Standard is A. No buffer is required along Graven
Street as buffers are not required between abutting uses that are of a different type when the
uses are separated by a street as specified in Section 18.745.050.A.2). No buffering or
screening is required on Tax Lot 2001 alone the southern property line as the site abuts the
same use to the south, mufti-family. A buffer is required along the south property line of Tax Lot
1900 to Standard A, planted with lawn or living ground cover, as this is a proposed duplex
abutting greater than 5 multi-family units.
To the rear of the multi-family building along the west property line of Tax Lot 2001, the
applicant proposes a six (6) foot high wall and a six (6) foot buffer with trees and shrubs on the
landscape plan which can meet the required Standard C. However, the tree spacing needs to
be adjusted to show a minimum 15-foot tree spacing . Buffer area trees shall be spaced to meet
spacing standards in accordance with Section 18.745.050.8.4, and shall have a minimum caliper
of two inches at four fleet in height above grade. Where the six (F') foot high fencing is proposed,
the buffer width shall be a minimum of eight (8'~rorn feet in width with trees and shrubs to code
standard. The applicant shall provide a reference a standard landscape or gardening source
to confirm the classification ofthe tree size (for the spacing roposed), including tree height and
branching width at maturity, and suitability for the Willamette Valley Climate.
Between Tax Lot 2001 and 1900 the applicant proposes a buffer which appears to vary in width
from four (4') feet to sixteen (1') feet as shown on the landscape plan. The minimum buffer width
in this location is 10 feet in lawn or living ground cover at a minimum. The legal lot consolidation
as conditioned in this decision will eliminate the buffer requirement between the two lots.
Alongg the east property line of Tax Lot 1900, the applicant shows a five to seven-foot setback
whicf~ does not allow adequate space for the minimum ten (10foot buffer. The applicant shall
revise the site and landscape plans to include a width of ten (1d) foot buffer planted with lawn or
living ground cover at a minimum.
Bufferina and Screening are addressed further under the Site Development Review Criteria:
Section 18.360.090.A.4 Buffering, Screening and Compatibility between adjoining uses.
Screening. Section 18.745.050.8.5
Where screening is required, the fallowing standards shall apply in addition to those
required for buffering: 1) A hedge of narrow or broadleaf evergreen shrubs that will form
a four (4) foot continuous screen of the height specified in "able 18.745.2 within two (2)
years of planting, or, 2) An earthen berm plantedd with evergreen plant materials that will
form a continuous screen- of the height specified in Table 18.745.2 within two (2) years.
The unplanted portion of the berm shall be planted in lawn, ground cover, or bark mulch,
or; 3) A fence or wall of the height specified in Table 18.745.2, shall be constructed to
provide a continuous sight obscuring screen.
Neighborhood comments raise concerns about the proximity of the four-plex to neighbor's windows
#9 and concerns about the increased risk about children etting hurt while playing on the street
#1 This concern can be addressed by the placement o screening on the north side and the
entire perimeter of the recreational space along Graven Street to prevent children from running
out onto the street (this is addressed further under Section 18.360.090.A.7. It is not clear from
the applicant's plans whether or not screening is proposed at this location.
The applicant proposes a six-foot high concrete wall to the rear of the multi-family building along
the western property line of Tax Lot 2001, and a six-foot high fence along the remainder of the
western property line. This will satisfy the requirement of Standard C for screening along the
western property line.
NOTICE OF TYPE 11 DECISION SDR2000-00001 - sAGELAND PAR} WAGE 17 OF 40
In addition to the minimum requirements for screening. the applicant has proposed a 6-foot-high
fence along the southern property line of the entire pro et, and the retention of an existing chain
link fence on the eastern property line of the Tax Lot 190.
Buffering and Screening Requirements: Section 18.745.050.8
A buffer consists of an area within a required setback adjacent to a property line and hawing
a depth equal to the amount specified in the buffering and screening matrix and containing
a length of the property line of the abutting use or uses.
FINDING: The Buffering and Screening standards are not met. However, the standards will
be met if the following conditions are met:
CONDITIONS:
The applicant shall revise the landscape plan to show a minimum 15-foot
tree spacing for the entire length of the west property line of the site to meet
the Buffering and Screeningg Standard C in accordance with TDC Table
18.745.1, and Section 18.745.050.BB.4. The applicant shall revise the
s ecifications provided on the landscape plan to indicate the buffer area trees
shall have a minimum caliper of two inches at four feet in height above grade.
The applicant shall provide a reference from a standard landscape or
gardenia source to confirm the classification of the tree size (for the spacing
proposed . including tree height and branching width at maturity, and
suitability for the Willamette Valley Climate.
+ The applicant shall revise the landscape and site plan to show a ten (10')
wide buffer area along the south and east property lines of the site, planted
with lawn or living around cover. The applicant shall indicate a minimum of
a six (6') foot buffer area adjacent to the six (6') foot high wall, and a.
minimum eight (8') foot buffer area ad`acent to the proposed fence along
the western property fine to meet Buffer standard C in accordance with
Table 18.745.1 and Section 18.74 5.050.
+ The applicant shall revise the site and landscape plan to indicate screening
at the north side and entire perimeter of the shared outdoor recreational
space along Graven Street in accordance with Section 18.745.050.
Screening: Special Provisions: Section 18.745.050.E
Requires the screening and landscaping of parking and loading areas. Landscaped parking
areas shall include special design features which effectively screen the parking lot areas
from view. Planting materials to be installed should achieve a relative balance between low
lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all
parkin 4 areas, and shall be equally distributed on the basis of one (1) tree for each seven
(7) air in~g.spaces in order to provide a canopy effect. The minimum dimension on the
Ian scape isllands shall be three-feet-wide and the landscaping shall be protected from
vehicular damage by some form of wheel guard or curb.
The applicant ~ ppro uses a hedge (arborvitae of an a proved species) to screen the parking area
from view on Tax Lot 2001. In addition, an adjacent landscape area with trees is prIMsed just to
the west of the compact parking aln3 the property frontage on Tax Lot 2001. Te proposed
hedge is one (1') foot wide and four (4' feet high, and will be located outside of the area of visual
clearance. The parking lot has 12 parking spaces and, therefore, requires a minimum of two
parking lot trees equall distributed. The applicant has not addressed the parking lot tree standard
in the narrative applicaon. The landscape plan shows two street trees located on each side of the
five compact parkin spaces along the sites frontage, however, no parkin lot trees are shown to
provide a canopy effect along the seven parking spaces abutting the multi-family units, or at the
two visitor parking spaces.
Neighborhood comments requested a fence with landscaping for the screening of the parking lot,
as there is concern that the proposed landscaping will diminish the look of the parking lot from the
neighbors' view. However, the proposed hedge and treed landscape area are adequate to screen
the parking lot from view of the neighbors, and may be more attractive than a fence which might
also, depending on the height, cut-off pedestrian connection to the street.
NOTICE OF TYPE It DECISION SDR2000-00001 - SAGELAND PARK PAGE 18 OF 40
s
Screening of service facilities. Except for one-family and two-family dwellings, any
refuse container or disposal area and service facilities such as gas meters and air
conditioners which would otherwise be visible from a public street, customer or resident
parking area, any public facility or any residential area shall be screened from view by
placement of a solid wood fence or masonry wall between five and eight feet in height.
All refuse materials shall be contained within the screened area; Screening of refuse
containers, Except for one- and two-family dwellings, any refuse container or refuse
collection area which would be visible from a public street, parking lot, residential or
commercial area, or any ubllc facility such as a school or park shall be screened or
enclosed from view by placement of a solid wood fence, masonry wall or evergreen
hedge. All refuse and shall be contained within the screened area.
The applicant proposes to screen the refuse and recyclable storage area with a six foot
high fence.
FINDING: This standard has not been met as an equal distribution of parking lot trees is not
indicated on the landscape plan. In order to meet this standard, the applicant shall
meet the fallowing condition:
CONDITION: The applicant shall revise the landscape plan and provide an adequate number of
parking lot trees, on the basis of one (1) tree for each seven (7) parking spaces,
equally distributed in order to provide a canopy effect. A minimum of one tree shall
be planted to shade the visitor parking and one tree to shade the parking spaces
abutting the multi-family buildings. The applicant shall provide a standard landscape
or gardening reference source for the proposed tree type and shall provide evidence
that the proposed tree type is suitable for the Willamette Valley climate.
MIXED SOLID WASTE AND RECYCLABLES STORAGE: CHAPTER 18.755
This Chapter requires that new construction incorporates functional and adequate space
for on-site storage and efficient collection of mixed solid waste and source separated
recyclables prior to puck-up and removal by haulers. Section 18.755.040 requires that the
applicant must choose one (1) of the following four (4) methods to demonstrate
compliance. Minimum standards, Waste assessment, Comprehensive recycling plan, or
Franchised hauler review. The applicant will have to submit evidence or a plan which
indicates compliance with this secticsn. regardless of which method chosen, the applicant
will have to submit a written sign-off from the franchise hauler regarding the facility location
and compatibility. Mu[ti-unit residential buildings containing 5-10 units shall provide a
minimum storage area of 50 square feet. Buildings containing more than 10 residential
units shall provide an additional 5 square feet per unit for each unit above 10.
The multi-unit residential buildings have a total of 8 units, therefore, a minimum storage area of 50
square feet is required. The applicant has selected the minimum standards method and proposes
to provide a minimum storage area of 50 square feet.
FINDING: This standard is not met as there is inadequate information provided by the
applicant. In order to meet the standard, the applicant shall meet the following
condition:
CONDITION: The applicant shall sped~,, in detail the height of the trash storage area proposed
and include drawings to illustrate the layout of the storage area and dimensions of
the containers in accordance with the minimum standards method as described
under Section 18.755.040.C. The applicant shall submit a written sign-off from the
franchise hauler regarding the facility location and compatibility regardless of the
method chosen.
OFF-STREET PARKING AND LOADING REQUIREMENTS: CHAPTER 18.765
This Chapter is applicable for development projects when there is new construction,
expansion of existing use, or change of use in accordance with Section 18.765.070
Minimum and Maximum Off-Street Parking Requirements.
NOTICE OF TYPE 11 DECISION SDR2000-00001 - SAGELAND PARK PAGE 19 OF 40
General Provisions: Section 18.765.040
Access Drives: Section 18.765.040.8.
Requires access to public streets from off-street parking as follows:
Access drives from the street to off-street parking or loading areas shall be designed and
constructed to facilitate the flow of traffic and provide maximum safety for pedestrian
and vehicular traffic on the site;
The number and size of access drives shall be in accordance with the requirements of
Chapter, 18.705, Access, Egress and (Circulation;
Unless otherwise specified Access, Egress and Circulation criteria are addressed under Chapter
18.705 in this decision.
Access drives shall be clearly and permanently marked and defined through use of rails,
fences, walls or other barriers or markers on frontage not occupied by service drives;
Access drives shall have a minimum vision clearance in accordance with Chapter 16.795,
Visual Clearance;
This criterion is addressed under Chapter 18.795 in this decision.
Access drives shall be improved with an asphalt or concrete surface; and
The proposed access drive is proposed to be improved with asphalt surface.
Excluding single-family and duplex residences, except as provided by Subsection
18.810.030P, groups of two or more parking spaces shall be served by a service drive so
that no backing movements or other maneuvering within a street or other public
right-of-way will be required.
All parking spaces are served by a service drive, therefore, this standard is met.
Pedestrian Access: Section 18.705.040.17
Pedestrian access through parking lots shall be provided in accordance with
18.705,030.F. Where a parking area or other vehicle area has a drop-off ggrade separation,
the property owner shall install a wall, railing, or other barrier which will prevent a slow-
moving vehicle or driverless vehicle from escaping such area and which will prevent
pedestrians from walking over drop-off edges.
This standard is addressed under Section 18.705.030.E in this decision. In addition, there are
no drop-off grade separations, therefore, this portion of the standard is not applicable.
Parking Space Surfacing: Section 18.765.040.H
Except for single-family and dupplex residences, and for temporary uses or fleet storage
areas as authorized in 18.765.040 H, and 4, all areas used for the parking or storage or
maneuvering of any vehicle, boat or trailer shall be improved with asphalt or concrete
surfaces;
The parking area is proposed to be improved with an asphalt surface.
Parking Lot Striping: Section 18.765.040.1
Except for single-family and duplex residences, any area intended to be used to meet the
off-street parking requirements as contained in this chapter shall have all parking spaces
clearly marked; and all interior drives and access aisles shall he clearly marked and signed
to show direction of flow and maintain vehicular and pedestrian safety.
The applicant proposes to clearly mark all parking spaces via parking striping.
NOTICE OF TYPE II DECISION SDR2000-00001 - SAGELAND PARK PAGE 20 OF 40
s
Wheel Mops; Section 18.765.040.)
Requires that parking spaces along the boundaries of a parking last or adjacent to interior
landscaped areas or sidewalks shall be provided with a wheel stop at beast four inches high
located three feet back from the front of the parking stall. The front three feet of the parking
stall may be concrete, asphalt or low lying landscape material that does not exceed the
height o the wheel stop. This area cannot be calculated to meet landscaping or sidewalk
requirements.
The applicant has indicated wheel straps on the site plan and/or landscaping plan in accordance
with this criteria.
Lighting: Section 18.765.040.L
Lights provided to illuminate any public or private parking area or vehicle sales area shall
be arranged to direct the light away from any adjacent residential district.
Lighting is addressed under Sections 18.705.030.F.4 and 18.360.090.A.10 in this decision.
Signs: Section 18.765.040.M
Signs which are placed on parking lots shall be designed and installed in accordance
with Chapter 18.780, Signs.
All sign changes and additions shall be submitted as part of a separate sign permit application,
and are not addressed in this decision. No new signs shall be placed or altered prior to review
and approval by the City.
Space and Aisle Dimensions: Section 18.765.040.N
Except as modified for angled parking in Figures 18.765.1 and 18.765.2, the minimum
dimensions for parking spaces are:
+ 8.5' x 18.5' for a standard space;
+ 7.5' x 16.5 for a compact spaces; and
+ As required by applicable State of Oregon and federal standards for designated
disabled person parking spaces;
+ The width of each parking space includes a stripe which separates each space.
Aisles accommodating two-way direction traffic, or allowing access from both ends, shall
be 24 feet in width.
From Figure 18.765.1
Stall width dimensions may be distributed as follows: 50','1, standard spaces,
50% compact spaces. All compact spaces shall be labeled as such.
A Parking Angle
B Stall Width
8 C Mall Depth (no bumper overhang)
B-; D Aisle Width Between Stall tines (5)
F p E Stall Width Parallel to Aisle
F Module Width (no bumper overhang)
"k. T G Bumper Overhang
G
y G
The applicant has proposed all 90 degree parking spaces. All standard 0 degree parking
spaces are proposed to be 8'-5" wide by 18"-5'o deep,, or greater and, therefore meet the
minimum dimensions in accordance with Section 181765..04O.N. All 00 degree compact parking
spaces are pproposed to be 7'-5" wide by 16'-6" deep, and, therefore, meet the minimum code
standard. GCompact spaces shall not exceed the 5014 maximum on the site, and do not in this
case. The applicant proposes 6 compact parking spaces out of the total of 14 proposed for the
NOTICE OF TYPE 11 DECISION SOR2000-00001 -SAGEL AND PARK PAGE 21 OF 40
entire site. The compact spaces are proposed to be located primarily along the site's frontage.
A minimum 24 feet is required fear aisle width between 90 degree stalls for two-way traffic. As
only one accessible parking space is required, one of the accessible parking spaces shall be
charged to a standard space to meet the minimum requirements for the 14 parking spaces on
the site as requested in the Neighborhood comments or, alternatively, the applicant may provide
justification (for review and approval) of the second accessible parking space based on special
need related to the anticipated renter population make-up for this site.
FINDING: This standard has not been met. However, if the applicant meets the following
conditions, the standard will be met:
CONDITIONS:
+ The applicant shall revise the parking,pian to limit the accessible parking to
one o Ise 14 parking spaces on the sr e or, alternatively, the applicant may
provide justification for the second accessible parking space based on need
related to the anticipated renter population make-up for this site. The
applicant shall obtain approval for the revised parking plan.
a Prior to final building inspection, the applicant shall clearly mark and sign all
interior drives and access aisles to slow direction of flow and maintain
vehicular and pedestrian safety.
Bicycle Parking Desigh Star~clards: Section 18.765.0150
A minimum of i~wo~lrcycle parking rack spaces in any development. Bicycle pparkingg areas
shall be provided at locations within 50 feet of the primary entrances to structures, Bicycle
parking areas shall not be located within parking aisles, landscape areas, or pedestrian
ways.
In accordance with Table 18.765.2, the minimum requirement for bicycle parking stalls in a
multi-family development is 1.012 units. As there are eight (8) units on Tax Lot 2001 the minimum
number of parking stalls required is four (4). The applicant pr6poses bike stall areas (15'x 6'), one
adjacent to each of the multi-family buildings. One bicycle stall area is located next to the trash
enclosure area and the other is located next to the visitor parkingg area. The applicant has not,
however, specified how many individual bicycle stalls are proposed. As both bicycle parking areas
are greater than 50 feet from the multi-family units located in the west-southwest corner of the site,
a minimum of one bicycle stall will be required to be located within 50 feet of the entrance to those
units. It is recommended that the bicycle stall area located behind the visitor parking be connected
via a walkway to the walkway system on the site.
No bicycle parking stalls are required for a duplex.
FINDING: This standard is not met. In order to meet this criterion, the applicant shall meet the
following conditions:
CONDITION: The applicant shall revise the site and landscape plans to indicate a minimum of four
(4) bicycle stalls to serve the proposed eight (t3) multi-family units in accordance with
SSection 18.765.050, and at least one bicycle stall shall be located within 50 feet of
each units' entry.
Minimum and Maximum Off-Street Parking Requirements: Section 18.765.070
Minimum and Maximum Off-Street Parking Requirements: Section 18.765.070.H
The Director may reduce the total required off-street vehicle parking spaces per Section
18.765.070.H by up to a total of 20% by means of parking adjustment to be reviewed
through a Ne 11 procedure, as ggoverned by Section 18.390.040, using approval criteria
contained iection 18.370.020.C.5a.
NOTICE OF TYPE It DECISION SDR2000-00001 - SAGELAN3 PARK PAGE 22 of 40
1
Table 18.765.2 Minimum and Maximum Required Off-Street Vehicle and Bicycle Parking
Requirements
MAXIMUM`
MINIMUM ZONE A ZONE B BICYCLE `
RESIDENTIAL
Household Living
Single Wits, Attached See Multifamily (i~) none (idi) none (M) none
Single Units, DetaGhe'd 1.0/DU none (M) none (M) none
Accessory Units 1.01DU none none none
Duplexes none
Multifamily Units DU<500 sq ft: 1.0/DU (M) none (M) none (M) 1.0/2 DUs except elderly,
1 bedroom: 1.25/DU (M) which is 1.0120 DUs
2 bedroom: 1.5/DU (M)
3 bedroom: 1.75/DU (M)
The minimum number of parking spaces can be determined from TDC Table 18.765.2 above:.
Neighborhood comments raise concerns that there will not be enough parking on the site because
most people have two cars, and reference was made to a parking ordinance on the street. There
is also concern that there was not enough off-street parking for the duplex, and about the location
of the development next to the end of the strut. There is neighborhood concern regarding
emergency vehicles being able to turn around if parking overflowed onto the street. One
sleigh'borhood comment requested that a "no parking sign" be placed on the street to allow better
use of the cul-de-sac as the only turn around on the street. It was requested that the parking lot
have no more than the minimum one required accessible parking space to allow for more flexibility
in the use of the parking spaces, and ensure that there is enough standard and compact parking
provided. These concerns are addressed by applying the relevant code standards to the project as
follows:
For the multi-family units, 1.5 parking spaces are required for each of the eight (8) two bedroom
multi-family units which equals 12 required parking s aces. In addition, the applicant is required to
provide 2 visitor parking spaces in accordance with ection 18.765.C13Q.E. The applicant proposes
to meet the minimum required 14 parking spaces, including 2 accessible stalls, and 6 compact
spaces and 2 visitor spaces.
The duplex is categorized as single-units, attached in Table 18.765.2, and has the same minimum
requirement as multi-family units. As the applicant has not provided any information as to the
number of bedrooms in these units, the minimum number of arking spaces can not he determined
at this time. If the duplex units are either one or two bedroom units, 3 parking spaces will be
required at a minimum. If the duplex units are three bedrooms, the minimum number of parking
spaces is 1.75/per unit or 3.5 which requires 4 parking spaces at a minimum. The applicant has
only provided parking for 2 parking spaces on the duplex lot which is inadequate.
A "no parking sign" will not be imposed as a condition on this applicant as the inadequate radius of
the cul-de-sac was a pre-existing condition not a result of the proposed development. It is
recommended that if the neighbors are interested in obtaining a ."no parking sign" on the street, that
they petition the Engineering department based on the pre-existing conditions at the street.
FINDING: This standard is met for the multi-family units, as the minimum 14 required parking
spaces are indicated on the plains. For the duplex, this standard is not met as the
minimum number of parking spaces is three if each unit of the duplex does not
exceed two bedrooms. There is not enough information provided by the appplicant to
make a final determination of the minimum parking requirement for the duplex. In
order for this standard to be met the applicant shall meet the following condition:
CONDITION:The applicant shall revise the plans and provide at least the minimum number of
required parking spaces for the duplex. If the duplex units are either one or two
bedrooms, parking spaces will be required at a minimum. If the duplex units are
three bedrooms, the minimum number of parking spaces required is four (4).
NOTICE OF TYPE 11 DECISION SDR2000-00001 - SAGELAND PARK PAGE 23 OF 40
Off-Street Loading Requirements: Section 18.765.080
Requires that commercial, industrial and institutional buildings or structures provide and
maintain off-street loading and maneuvering space. A minimum of one 1) loading space is
required for buildings with 10,000 gross square feet but less than 40,00 gross square feet.
A minimum of two loading spaces is required for buildings with 40,400 gross square feet.
Each loading berth shall be approved b the City Engineer as to design and location; each
loading space shall have sufficient area for turning and maneuiverinq of vehicles on the site.
At a minimum the, the maneuvering length shall not b less that twice the overall length of
the longest vehicle using the facility site, entrances and exits for the loading areas shall be
provided at locations approved by the City Engineer in accordance with Chapter 18.710;
screening for off-street loading facilities is required and shall be the same as screening for
parking lots in accordance with Chapter 18.745.
As this is a residential development, no off-street loading is required.
FINDING: This standard is met.
TREE REMQ
AL: CHAPTER 18.790
A tree plan for the planting, removal and protection of trees prepared by a certified arborist
shall be provided with a site development review application. The tree plan shadl include
identification of all existin trees, identification of a program to save existing trees or
mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection
program defining standards and methods that will be used by the applicant to protect trees
during and after construction.
There are seven existingg trees on the site according to the applicant's arborist report dated
December 21, 1999 by Nalstead's Arboriculture; Consultant's. The findings in that report area as
fellows: Tree No. 1, a 9 inch Dogwood, is the only tree proposed to be preserved. Trees no. 2
0" Maple), No. 20" Cherry) and No. 4 (8 " Locust) are hazardous. Trees No. 5,6, and 7 ~6",
Wand 4" Locusts are considered very dangerous, and of these only Tree No. 7 is over 12 in
caliper. Trees No. 2-7 apparently have already been removed from the site. No mitigation is
required of the a plicant as there are no trees proposed for removal over 12" that are not
considered hazardous or very dangerous in the arborist report.
FINDING: This standard is met.
Visual Clearance Areas: Section 18.795
Clear vision area shall be maintained on the corners of all pr`operty adjacent to intersection
of two streets, a street and a railroad, or a driveway providing access to a public or private
street. A clear vision area shall contain no vehicle, hedgge, planting, fence, wall structure, or
temporary or permanent obstruction exceeding three (3) feet in height, measured from the
top of the curb or where no curb exists, from the street center grade, except the trees
exceeding this eight may be located in this area, provided all branches below eight feet
are removed. For arterial streets the visual clearance shall not be less than 35 feet on each
side of the intersection.
The applicant has shower 0-foot visual clearance triangles on each side of the centerline of the
accesses to the site on the site plan. The applicant has proposed two street trees in the area of
visual clearance. As long as these trees have branches trimmed and maintained between 3 feet
and 8 feet, they are allowable in the visual clearance triangle.
FINDING: This standard is met.
C. ADDITIONAL SITE DEVELOPMENT REYIEW CRITERIA: CHAPTER 18.360
Site Development Review Approval Criteria (Section 18.300.090.Al: Provides additional Site
Development Review approval criteria not 'necessarily covered by the provisions of the
previously listed sections.
The following standard is inapplicable No. 8. (100-year floodplain).
NOTICE OF TYPE II DECISION SDR2000-00001 - SAGEIAND PARK PAGE 24 OF 40
i
Relationship to the Natural and Physical Environment Section 18.360.090.A.2
Buildings shall be:
Located to preserve existing trees, topography, and natural drainage where possible
based upon existing site conditions;
Six out of the seven trees that were existing on the site have been removed as they were
deemed hazardous or very dangerous in the applicant's arborist report. The site is relatively flat
with a roughly one to two-foot slope across the site to the northeast.
Located in areas not subject to ground slumping or sliding;
The applicant has stated that no ground slumping is evident on the site.
+ Located to provide ade uate distance between adjoining buildings for adequate light,
air circulation , and fire-fighting; and
After adjustment of the location of the duplex to meet the side yard setback and buffer
requirements of 10 feet, the locations of the proposed buildings will be adequate between
adjoining buildings for light, and air-circulation. The Building Division has commented that the
proposed buildings are located more than 150 feet from the Fire Department apparatus access
which does not meet the UFC (TVFR).
Oriented with consideration for sun and wind.
One of the multi-family buildings and the duplex are oriented east-west on the site which
maximizes solar exposure and has the potential to increase energy efficiency. The other
multi-family building is oriented north-south to maximize the use of the lot shape and size. As
the two multi-family buildings are situated at 90 degrees in relation to the other, they will
effectively will block southwesterly (and in part northwesterly) winds from most of the walkway
system and the park,iilg lot area. Therefore, the buildings are reasonably oriented with
consideration for sun and wind.
FINDING: These criteria are met with the exception of adequate distance for fire-fighting. In
order to meet this criterion, the applicant shall satisfy the following condition:
CONDITION: prior to issuance of a site permit, the applicant shall revise the plants and provide
details on how they will comply with requirements for fire-fighting access and shall
obtain approval from the Building Division and Tualatin Valley Fire and Rescue.
Trees shall be preserved to the extent possible. Replacement of trees is subject to the
requirements of Chapter 18.790, Tree Removal.
Tree removal and preservation is addressed. See Chapter 18.790, Tree Removal in this
decision.
FINDING: This standard is met.
Exterior Elevations: Section 18.360.090.A.3
Along the vertical face of single family attached and multiple family structures, offsets shall
occur at a minimum of every 30 feet by providing any two of the following:
11 Recesses, e.g. decks, patios, entrances, floor area, of a minimum depth of eight feet.
2 Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight
feet, a maximum length of an overhang shall be 25 feet; and
3) Offsets or breaks in roof elevations of three or more feet in height.
Neigghborhood comment #4 raises concern about the lack of attractiveness of the four-plex units
anI the duplex, and that the development does not ft in with the neighborhood. Staff has worked
closely with this applicant to ensure that the standards for Exterior elevation are met, as these are
the applicable standards that address "attractiveness" to some degree. Staff does not necessarily
disagree with the neighbor's attractiveness issues, but the applicant must meet the code design
requirements not perception of attractiveness. As the site and surrounding neighborhood are
NOTICE OF TYPE If DECISION SDR2000-00001 - SAGELAND PARK PAGE 25 OF 40
zoned R-25 for Medium High-Density residential, the development project is not required to fit-in
with the existing primarily, one-sto single-family residences on Graven Street other than meeting
the applicable code standards. No withstanding, the exterior elevations were revised several times
since the Neighborhood meeting was held, bu still do not completely meet the Exterior elevation
standards.
The applicant proposes to provide recesses and extensions via entrance ortals, however, this
criteria is not satisfied as the entry portal can not count both as recess anXan extension criteria
#1 and 2 above). Also the entrance portal is only six (6') feet deep on one side while eight~8) feet
deep of the other side. The entry portals muss be eight (6) in depth on both sides to meet Criterion
#2 , and cannot be used to meet Criterion #1. Criterion # is met through breaks in the roofline
with dormer-like gables ten (10) feet and six (6) inches apart.
The minimum interval of every 30 feet is met under Criteria #2 and #3.
FINDING: This standard is not met. In order to satisfy this standard, the applicant shall meet
the following condition:
CONDITION: The applicant shall revise the plans and elevations and redesign the entry portals to
be a minimum of eight feet in depth on both sides, or redesign the buildings to meet
two out of the three criteria under Section 18.360.090.A.3, -Exterior Elevations and
obtain Planning Division approval.
Bufferina, Screening and Compatibility between adioinin uses: Section 18.360.090.A.4.a
Buffering shall be provided between different types o land uses, for example between
single-family and multi le-family residential, and residential and commercial uses, and the
following factors shall e considered in determining the adequacy of the type and extent of
the buffer:
The purpose of the buffer, for example to decrease noise level, absorb air pollution,.
filter dust, or to provide a visual barrier;
The size of the buffer required to achieve the purpose in terms of width and height.
o The direction (s) from which buffering is needed;
o The required ensity of the buffering; and
Whether the viewer is stationary or mobile.
The purpose of the buffer is to provide a visual barrier and allow for light and air circulation
between the proposed buildings and adjacent single-family and other differing uses. The Buffering
and Screenin standards in this Section are incorporated and addressed under Section
18.745.050 in this decision.
Section 18.360.090.A.4.b requires that on-site screening from view of adjoining properties
of such things as service and storage areas, parking lots, and mechanical devices on roof
tops, i.e., air coolie and heating systems, shall be provided and the following factors will
be considered in determining the adequacy of the type and extent of the screening:
What needs to be screened;
The direction from which it is needed;
How devise the screen needs to be;
« Whether the viewer i stationary or mobile ;and
Whether the screening needs to be year around.
Screenin standards in this Section are incorporated and addressed under Section
18.745.050 in this decision.
Privacy and noise: multi family or group living uses: Section 18.360.090.5
a. Structures which include residential dwelling units shall provide private outdoor
areas for each ground floor unit which is screened from view by adjoining units as
provided in Subsection 6.a below;
NOTICE OF TYPE 11 DECISION SDR2000-00001 - SAGELAND PARK PAGE 26 OF 40
b. The buildings shall be oriented in a manner which protects private spaces on
adjoining properties from view and noise;
C. On-site uses which create noise, light, or glare shall be buffered from adjoining
residential uses; and
d. Buffers shall be placed on the site a necessary to mitigate noise, light or glare
from off-site sources.
Private outdoor areas are provided for each multifamily dwelling unit. Screening is pproposed to
be provided on the site via a six (6`) high wall behind the private outdoor spaces only along the
western property line which will connect with a six (6) foot high wood fence at and wrap around
the southwest corner of Tax Lot 2001 and run along the entire southern property line to the
southeast corner of Tax Lot 1900. The multi-family buildings are oriented in a manner to protect
the private spaces from street view and street noise. Buffering i addressed under Section
18.745.050 in this decision.
FINDING: This standard is met.
Private outdoor area: multi-family use: Section 18.360.090.A.6
a. Private open space such as a patio or balcony shall be provided and shall be
designed for the exclusive use of individual units and shall be at least 48 square
feet in size with a minimum width dimension of four feet; and
(1) Balconies used for entrances or exits shall not be considered as open space
except where such exits or entrances are for the sole use of the unit; and
(2) Required open space may include roofed or enclosed structures such as a
recreation center or covered picnic area.
b. Wherever possible, private outdoor open spaces should be oriented toward the
sun; and
c. Private outdoor spaces shall be screened or designed to provide privacy for the
users of the space.
The applicant has proposed patios at the rear of each of the multi-family dwelling units to meet
this standard. For the westernmost multi-family building: the patios are four (4 feet x twelve
(1 feet, and for the eastern multi-family building the patios are eight (S') feet x eight (8') feet.
s the duplex will become part of the multi-family complex via a Ie al lot consols ation as
conditioned in this decision, private outdoor areas are also required for these units. The
applicant has proposed patios that are ten (10') feet x ten (10') feet. Therefore, the requirement
that each individual unit has at least 48 square feet of space with a minimum dimension of four
feet has been met.
FINDIN .This standard is met.
Shared outdoor recreation areas: multi-family use: Section 18.360.090.A.7
a. In addition to the requirements of subsections 5 and 6 above, usable outdoor
recreation space shall be provided in residential developments for the shared or
common use of all the residents in the following amounts:
jl~ Studio up to and including two-bedroom units, 200 square feet per unit; and
2 Three or more bedroom units, 300 square feet per unit.
Each of the four units are two bedrooms in the multi-family buildings. Therefore, each of the
multi-family buildings will require 800 square feet of shared outdoor recreation space. Two 800
square foot shared outdoor recreational areas are located on the site, in the northwest and
southwest corners of Tax Lot 2001. Neighborhood comments raised concerns that there is no
place for children to play, and that as a result there is an increase risk of children getting hurt
while playing in the street. However, the amount of shared outdoor recreational space meets
the code standards. To ensure the safety of children playing on the site, screening shall be
placed on the north side of the recreational space along graven Street to prevent chilldren from
NOTICE OF TYPE 11 DECISION SDR2000-00401 SAGELAND PARK PAGE 27 OF 40
running out onto the street as addressed and conditioned under Chapter 18.745 and
18.360.090.A.4. As a legal lot consolidation is required as a condition of this decision, and all
the dwelling units (including the duplex) will become part of the multi-family complex, therefore,
shared outdoor recreation space will, need to be added for these units.
b. The required recreation space may be provided as follows:
jl~ It may be all outdoor space; or
2 It may be part outdoor space and part indoor space; for example, an outdoor
tennis court, and indoor recreation room; or
3~ It may be all public or common space; or
4 It may be part common space and part private; for example, it could be an
outdoor tennis court, indoor recreation room and balconies on each unit;
and
(5) Where balconies are added to units, the balconies shall not be less than 48
square feet.
The shared outdoor recreational space is all outdoor space and, therefore, this standard is met.
C. Shared outdoor recreation space shall be readily observable to promote crime
prevention and safety;
The shared outdoor recreational space is readily observable to promote crime prevention as the
windows from each unit face direct Wco onto the patios. It is recommended that a split rail fence be
used for screening where possible further promote crime prevention.
FINDING: This standard is not met as shared outdoor recreation space will need to be
provided for all the units in the multi-family complex, including the duplex due to
the requirement for legal lot consolidation in this decision.
CONDITION: Due to the condition in this decision for legal lot consolidation, the applicant shall
revise the plans and add shared outdoor space for all the units on the site that are
part of the multi-family complex (including the duplex) in accordance with Section
18.380.090.A.7.
Demarcation of Semi-Public and Private Spaces for Crime Prevention: Section
18.360.090,A.9 Structures and site improvements shall be designed so than public areas
such as streets or public gathering places, semi-public areas and private outdoor areas are
clearly defined to establish persons having a right to be in the space, to provide for crime
prevention and to establish maintenance responsibility.
Private outdoor areas are defined by patios at the rear of each dwelling unit. The parking lot on
Tax Lot 2001 is defined by a four foot hedge along the sidewalk separating it from the public
street. There is a six (6") fioot high wall along the western properly line marking the western edge
of the shared outdoor recreation spaces. It is not clear, however, from the applicant's plan, how
the private outdoor and shared recreational spaces will be defined in accordance with this
standard.
FINDING: This standard is not met as the shared outdoor spaces and private outdoor areas
are not clearly defined. In order to meet this criteria, the fallowing condition shall
be met:
CONDITION:The applicant shall revise the site and landscape plan and indicate clearly how the
shared outdoor recreational space and the private outdoor spaces will be defined
to establish ppersons having a right to be in the space, to provide for crime prevention
and to establish maintenance responsibility. It is recommended that a split-rail or
similar type of fencing be used for screening which allows for some visual
observance by neighbors to prevent crime.
Crime Prevention and Safety: Section 18.860.090.A.10
The location of windows, interior laundry and service areas, and mailboxes be located to
prevent crime so that areas vulnerable to crime can be observed by others. Exterior
lighting levels be selected and the angles shall be oriented towards areas vulnerable to
NOTICE OF TYPE 11 RECISION SOR2000-00001 - SAGEI AND PARK PAGE 28 of 40
crime and shall be placed in areas having heavy pedestrian or vehicular traffic and in
potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes.
Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet
which is sufficient to illuminate a person.
There are windows and or sliding glass doors location on each floor of each unit front inclining
the front and rear elevations. e proposed mailbox locations are northwest of the dupVex in
two different locations. Parking and exterior common area pole lighting is proposed by the
applicant (4 poles), however, it is not clear from the plans where the pole lighting will be located.
In addition, each unit will have a wall mounted light fixture with electric eye at the front entry and
at the rear patio. The applicant has not specified how it will meet the specific standard that the
light patterns overlap at a height of seven(7) feet.
FINDING: The Police Department has not provided any objections or concerns with regard to
the proposal. Therefore, this criterion is not satisfied. In order to satisfy this criterion,
the applicant shall meet the following condition:
CONDITION: The applicant shall revise the lighting .plan, and s ecify that fixtures shall be placed
at a height o that light patterns overlap at a height of seven feet which is sufficient
to illuminate a person,
Public Transit: Section 18.360.090.A.11
Provisions within the plan shall be included for providing for transit if the development
proposal is adjacent to existing or roposed transit route. Facilities that may be required
after City and Tri-Met review are; }Bus stop shelters; (2) Turnouts for buses; and (3)
Connecting paths to the shelters.
The ubect site fronts Graven Street which is a local street. The closest access to public transit
is off of Pacific Highway (91-1W) to the immediate west of Graven Street.
FINDING: As the site is not adjacent to an existing or proposed transit route, no transit
facilities are required.
Landscaping Iri: section 18.360.090.A.12
All landscaping shall be designed in accordance with the requirements set forth in Chapter,
18.745.
e In addition to the open space and recreation requirements of subsection 6 and 7
above, a minimum of 20 percent of the gross area including parking, loading and
service areas shall be landscaped; and a minimum of 15 percent of the gross site
area shall be landscaped.
The applicant has not demonstrated clearly that the landscape plan meets the criteria for a
minimum of 20% of the gross area on Tax Lot 2001 alone, in addition to the open space and
recreation requirements of 18.360.090.6 and 18.360.090.7 above.
FINDING: This standard is not met. In order to meet this standard, the applicant shall meet the
following condition:
CONDITIONS:
The applicant shall revise the landscape plan and indicate clearly that a
minimum of 20% grass landscaping on the site is provided excluding private
outdoor space and shared recreational space. The applicant shall specify
or mark on the plans exactly what areas are being counted toward the 20%
gross minimum requirement under Section f8. 60.090.A.12. Private
outdoor area and shared outdoor recreational areas shall not be counted
toward the 20% gross minimum landscaping requirement.
Drainacxe: Section 18.360.090.A.13
All dra Wage plans shall be designed in accordance with the criteria in the adopted master
drainage plan.
!NOTICE OF TYPE 11 DECISION SDR2000-00001 - SAGEIAND PARK PAGE 29 OF 40
This criterion is addressed under Street and Utility Improvements, Section 18.810.100.A and D
under this decision.
,1'.rovision for the disabled: Section 18.360.90.14
All facilities for the disabled shall be designed in accordance with the requirements set
forth in ORS Chapter 447, The Americans with Disabilities Act (ADA) became effective on
January 26, 1992. All parking areas shall be provided with the required numbers and sizes
of disabled person parking spaces as specified by applicable State of Oregon and federal
standards. All disabled person parking spaces shall be signed and marked on the
pavement as required by these standards.
The requirement for accessible parking spaces for parking lots between 1- 25 parking spaces is
1 accessible parking space. Accessible parking spaces shall be at least nine feet wide and shall
have an adjacent access aisle, located on the passenger side that is at least six feet wide
(except that two adjacent accessible parking spaces may share a common access aisle). In
addition, one in every eight accessible spaces, but not less than one shall be van accessible
which is at least nine feet wide with an adjacent access aisle of at least eight feet wide. The
applicant proposes 2 accessible stalls sharing a common access aisle. As addressed in this
decision under Section 18.765.070, one accessible parking s ace shall be converted to a
standard parking space to ensure that there is adequate standard parking on the site.
FINDING: The two proposed accessible parking spaces exceeds the minimum requirement of
one accessible parking space. However, as discussed and conditioned under
Chapter 18.765.070, one accessible space will need to be eliminated to meet the
minimum parking requirement for Off-Street Parking. In addition the following
condition applies:
CONDITION: Prior to final building inspection, a lion shall be posted for the accessible parking
space. The aisle shall be located on the passenger side. The sign shall be clearly
visible to a person parking in the space, shall be marked with the International
Symbol of Access and shall indicate the spaces are reserved for persons with
disabled parking permits, "Van Accessible" parking spaces shall have an additional
sign marked ""Van Accessible" mounted below fhe sign. The parking spaces shall be
designed in compliance with ADA standards, and shall be maintained at all times to
meet the standards established by the state building code.
D. VARIANCES AND ADJUSTMENTS: CHAPTER 18.870
A Type 11 Variance to the minimum density is.a condition of this :application. The criteria under a
Type I Adjustment for minimum density requirements are addressed below to provide the basis
for the condition requiring a Type 11 Variance for the minimum density requirement.
T e I Adjustment: Section 18.370.020
Adjustment to minimum residential density requirements (Chapter 18.510), The Director
is authorized to grant an adjustment to the minimum residential density requirements in
18.510.040, by means of a Type 1 procedure, as governed by 18.390.030 as follows:
a. For development on an infili site as follows:
(1) In the R-5 zone, sites of .75 acre or smaller.
The subject development site is an infill site on Graven Street where there is primarily existinq~
single-family residential use. The site is in the R-25 zone and the acreage is less than .75
acres. Therefore, an adjustment to the minimum residential density may be granted if the
applicable criteria are met.
The total site size is 19,417 square feet.. The maximum density! (dividing by 1,480 square feet
per unit) is 13.11 units (rounded down to 13 units) and the minimum density (multiplying the
maximum by 80%) is 10.4 units (rounded up to 11 units). The applicant has proposed only 10
units for the entire site, therefore, an adjustment to the minimum residential density is required.
Tax Lot 2001 is 13,978 s uare feet, and the maximum density (dividing by 1,480 square feet [)er
unit is 9.44~units (rounded down to 9 units). The minimum density for Tax Lot 200'1 is arrived at
NOTICE OF TYPE It DECISION SDR2000-00001 -SAGELAND PARK PAGE 30 OF 40
i
by multiplying the maximum density, 9.44 units, by 80% which equals 7.55 units (round up to 8
units). As the ap licant has proposed eight (8) units on Tax Lot 2001 the density requirement
are met for that [o only.
Tax Lot 1900 is 5,439 square feet and the maximum density for this lot alone is 3.675 units
(rounded down to 3 units). The minimum density for the dupl x is arrived at by multiplying the
maximum density (3.675) by 80% which equals 2.94 (rounded a to 3 units). Therefore, Tax Lot
1900 requires an adjustment to the minimum residential density while the Tax Lot 2100 does
not.
(2) In the R-40 zone, sites of .75 acre or smaller.
This criteria is not applicable as the site is in the R-5 zone.
b. For development on sites larger than those contained in 1 above, if the applicant
can demonstrate b means of detailed site plan that the site is o constrained that
the proportional share of the required minimum density cannot be provided and
still meet all of the development standards in the underlying zone.
This criteria is not applicable as the site is not larger than .7 acres.
C. To be ggranted an adjustment in either Subsections a or b above, the applicant
must demonstrate tat the maximum number of residential units are being
provided while complying with all applicable development standards in the
underlying zone. There is nothing in this section which precludes an applicant for
applying to a variance to these standards, as governed by Section 18.370.010.
The maximum density for the entire site is 13 units, and the applicant is only .proposing 10 units.
The maximum density for Tax Lot 2001 alone is 9 units, and the applicant Is only proposing 8
units. The maximum density for Tax Lot 1900 alone is 3 units, and the applicant is only
proposing units. Therefore, a Type II Variance is necessary to the minimum density
requirements under Section 18.370.01 O.C.
FINDING: As criteria 18.370.020.c is not met, the Type I Variance is not met. In order to
meet the minimum density requirements, the applicant shall meet the following
condition:
CONDITION: The applicant shall apply for a Type 11 Variance to the minimum density
requirements for the site. Alternatively, the applicant shall apply for a Type Il
Major Modification to the Site Development Review, and shall re-design the site
plop and add a minimum of one additional dwelling unit to the site, for a minimum
of 11 units to the site.
Type 11 Variance: Section 18.370.010
A Type 11 Variance is requested by the applicant for a reduction in the minimum lot size to Tax
Lot 1900. The minimum lot size for a duplex lot is 6,100 square feet. The proposed lot size for
Tax Lot 1900 with a duplex is 5,439 square feet or 661 sqqu~are feet less than the minimum
requirement. The requirement of a legal lot consolidation of Tax Lot 2001 and 1900 is required
as a condition of this decision. Therefore, the Type 11 Variance to the minimum lot size is no
longer necessary due to the legal lot consolidation, however, the criteria are addressed below:
Variances shalt be processed by means of a Type 11 procedure, as governed by Section
18.390.040, using standards of approval contained in Subsection 2 below. The Director
shall approve, approve with conditions, or deny an application for a variance based on
finding that the following criteria are satisfied:
a. The proposed variance will not be materially detrimental to the purposes of this
title, to any other applicable policies and standards, and to other properties in the
same zoning district or vicinity;
The proposed variance is detrimental to this title as it reduces a lot below the minimum lot size
yet the proposal for developing this site does not meet the minimum lot density.
NOTICE OF TYPE 11 DECISION SDR2000-00001 - SAGELAi+ D PARK PAGE 31 OF 40
b. There are special circumstances that exist which are peculiar to the lot size or
shape, topography or other circumstances over which the applicant has no
control, and which are not applicable to other properties in the same zoning
district;
The applicant has stated that there are special circumstances which are peculiar to- the lot
shape of Tax Lot 1900. Tax Lot 1900 is irregular in shape due to the fact that it fronts the
cul-de-sac, however, even if the lot were squared off at the street the lot size would only be
6,068 square feet, less than the minimum lot area required of 6,100 square feet.
C. The use proposed will b the same as permitted under this title and City standards
will be maintained to the greatest extent that is reasonably possible while
permitting reasonable economic use of the land;
The use proposed on Tax Lot 1900 is a duplex which does not meet the minimum density
requirements for the lot. While a duplex is a permitted use in the R-25 zone, City standards will
not be maintained to the greatest extent that is reasonable possible. The proposal would ppermit
reasonable economic use of the land and is likely to be more acceptable to the neighboring
property owners than higher density.
d. Existing physical and natural systems, such as but not limited to traffic, drainage,
dramatic land farms or parks will not be adversely affected any more than would
occur if the development were developed as specified in the title; and
The site is relatively flat, therefore, the reduction in minim lot size will not be adversely affected
any more than would occur if the development were developed as specified in the title
e. The hardship is not self-imposed and the variance requested is the minimum
variance which would alleviate the hardship.
The size of Tax Lot 1900 does not meet the minimum lot size. This hardship is self-imposed
because the applicant is choosing to propose a duplex for this lot which as a result requires a
minimum lot size of 6,100 square feet. If the lot were developed with multi-family dwelling units,
the minimum lot size would be 1,480 square feet, and the minimum density requirement could
potentially be met.
FINDING: The criteria for a Type 11 Variance for reduction in the minimum lot size is not
met, and cannot reasonably be conditioned to be met. Therefore, this portion
of the land-use application is denied.
E. IMPACT STUDY. Section 18.390.040.B.e
Requires that the applicant shall include an impact study. The study shall address, at a
minimum, the transportation system, including bikeways, the drainage system, the parrs
system, the water system, the sewer system, and the noise impacts of the development.
For each public facility system and type of impact of the development on the public at lar e,
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 the dedication of real property interest, or
provide evidence which supports, the conclusion that the real property dedication
requirement is not roughly proportional to the projected impacts of the development.
The applicant submitted a brief impact study. The following excerpt is taken from the applicant's
study.
"The development will add approximatelyy 80 vehicles per day to the existing traffic; on SW Graven
Street. This. equates to approximately 8 vehicles during the peak hour. This is normally
considered a low impact and does not require a separate traffic study. This small amount of traffic
will not have an adverse impact on SW {craven Street or Highway 99.
Public transpportation is available alone the Pacific Highway, Hwy 99. This is a short walk from the
site down SW Graven Street. Public transportation can absorb the additional ridership generated
by the project.,,
NOTICE OF TYPE I! DECISION SDR2000-00001 - SAGELAND PARK PAGE 32 OF 40
3
Additional im~acts are addressed in the applicant's study related to sanita sewer, storm
drainage, public water, and streets. These impacts are addressed under Section 8.810, below, in
this decision. The applicant states that there will be no adverse impact to the Avalon Park to the
south. Additional street and yard noise associated with the dwellings is proposed to be addressed
by screenin along the western properly line of the site and the single-family residence to the west
of Tax Lot 2G .
ROUGH PROPORTIONALITY ANALYSIS
According to the Washington County TIF ordinance, 32 percent of a pro°ects impacts are met by its
TIF assessment in Tigard. This leaves 68% percent unmitigated. actual cast of system
improvements per trip generated by new development on the Tigard street system can be
determined by the following equation (Larson, Mackenzie Engineering, Dolan Findings, June
1995):
$213 divided by .32 equals $665.6
($213 is the residential use trip rate per trip TIF assessment according to the Washington County
TIF ordinance effective July 1, 2000)
According to the ITE manual figures and the TIF ordinance, a duplex (under the category
Residential Condominium) generates 5.86 average weekday trips er dwelling unit per day. As
there is only one duplex proposed, 10 trips are generated per Ta . Similarly the apartments
generate 6.'1o trios per dwelling unit per day. As there are eight (8) d,wellin units proposed in the
multi-family buildings, 48.8 trips are generated per day. The total number o trips generated for this
development is 58.8 vehicle trips per day.
Credits for mitigated costs
The applicant is required to dedicate additional right-of-way to provide a consistent 25 feet from
centerline of the street, and provide a sidewalk along the western portion of the frontage of Tax Lot
2001 to match the existing sidewalk to the east.
The a Eeet icant is entitled to a credit for mitigated costs of sidewalk improvements and the roughly
five (5of dedicated land. There is roughly 70 lineal feet of required sidewalk improvements
alo frontage of the existing Tax Lot 2001. The Ci Engineer estimates a value of $54 per
linengg al foot for the cost of purchasing land for righ of- av. dedication plus the sidewalk
improvements, or a value of $3,780.
Estimate of Unmitigated Impacts
Full Impact 48..8 x 665.6= .......$32 481
Less T IF Assessment.. 48.8 x $213 ........$10,394
Less Cost of Dedication Improvements 54 x 70= .............S 3,780
Estimate of Unmitigated Impacts $18,307
FINDING: Using the above cost factors, it can be determined that the unmitigated impacts
exceed the costs of the conditions imposed and, therefore, the conditions are roughly
proportional and justified.
F. LOT LINE ADJUS TNT: CHAPTER 18.410
A. Approval criteria. Section 18.410.040; The Director shall approve or deny ~ request
far a lot line adjustment in writing based on findings that the following criteria are
satisfied:
1. An additional parcel i not created by the lot line adjustment, and the
existing parcel reduced in size byy the adjustments is not reduced below the
minimum lot size established by the zoning district;
NOTICE. OF TYPE 11 DECISION ~ SDR2000-00001 -SAGELAND PARK PAGE 33 OF 40
The applicant has requested a lot line adjustment between Tax Lot 2001 and Tax Lot 1900. An
additional parcel will not be created by the lot line adjustment. However, Tax Lot 1900 will be
reduced below the minimum lot size as a result of the lot line adjustment. A Type 11 Variance
was requested by the applicant for a reduction in the minimum lot size and is addressed and
denied under Section 18.370.010 in this decision. As a legal lot consolidation is required under
Section 18.510.050 of this decision, therefore, a lot line adjustment is no longer necessary.
2. By reducing the lot size, the tot or structures(s) on the lot will not b in
violation of the site development or zoning district regulations for that
district;
The existing house and garage on Tax Lot 1900 shall be demolished prior to the recording of
the lot line ad°ustment. Currently, there are no buildings or structures on Tax Lot 2101,
however, a multi-family complex with eight (8) units is proposed on Tax Lot 2001 which does not
meet the all the site development criteria as proposed. As the lot line adjustment will result in a
lot size which does not meet the minimum lot size requirement of 6,100 for a duplex, this
criterion is not met.
3. The resulting parcels are in conformity with the dimensional standards of
the zoning district, including:
a. The minimum width of the building envelope area shall meet the lot
requirement of the applicable zoning district;
There is no minimum or average lot width, therefore, this criterion is inapplicable.
b. The lot area shall be as required by the applicable zoning district. In
the case of a flag lot, the accessway may not be included in the lot
area calculation;
The minimum lot area for Tax Lot 1900, is 6,100 as a duplex is proposed. The applicant
proposes a change in the lot size from 11,6;28 square feet to 5,439 square feet which is less
than required by the applicable zoning district, therefore, this criterion in not met.
C. Each lot created througgh 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; and
Both Tax Lot 2001 and 1900 front Graven Street, a public street.
d. Setbacks shall be as required by the applicable zoning district.
Setbacks are addressed in detail under Chapter 18.510 in this decision. Setbacks are met for
Tax Lot 1900 currently, though changes will have to be made to the site design to accommodate
at least one additional parking space which may impact setbacks. Setbacks are not met on Tax
Lot 2001.
4. With regard to flag lots:
a. 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.
b. 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.
The proposed tax lots are not flag lots, therefore, this criteria is not applicable.
NOTICE of TYPE If DECISION SDR2000-00001- SAGELAND PARK PAGE 34 of 40
I
5. 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.
Additional fire-fighting requirements will be addressed by the Building Division. See Other Staff
Comments in this Section VI ll of this decision.
6. 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.
Tax Lot 2001 and 1900 each have separate drives, therefore, this criterion is inapplicable.
7. Any aceessway shall comply with the standards set forth in Chapter 18.705,
Access, Egress, and Circulation.
Accessways are addressed under Chapter 18.705 in this decision.
C. Variances to development standards. An application for a variance to the standards
prescribed shall be in accordance with Chapter 18.370, Variances and Adjustments
This standard is not met. However, this standard can be met if a Type 11 Variance is obtained to
the minimum density requirement as conditioned in this decision.
FINDING: The Lot Line Adjustment criteria #A.2, A.3b, and C are not met, therefore, this
Variance is denied.
G. PUBLIC FACILITY CONCERNS:
STREET AND UTILITY IMPROVEMENTS STANDARDS: CHAPTER 18.810
: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 18.810.0309:--"l requires a local
residential street to have a 42 to 50-foot right-cif-way width and 24 to 3 - oot paved section.
Other improvements =ghting, d may include on-street parking, sidewalks and bikeways,
underground utilities, storm drainage, and street trees.
This site lies adjacent to SW Graven Street, which is classified as a local residential street on
the City of Tigard Transportation Plan Map. At present, there is approximately 20 to 25 feet of
ROW from centerline adjacent to this site, according to the rnost recent tax assessor's. map.
The applicant should dedicate additional ROW to provide a consistent 25 feet from centerline.
The applicant's plans indicate they will dedicate the additional ROW.
SW Graven Street is currently paved to a 32-foot curb-to-curb width. The only features that
would be needed in order to bring this street up to current standard would be approximately 70
feet of sidewalk to match the existing and street trees. In order to mitigate the impact from this
development, the applicant should construct a concrete sidewalk and plant street trees along
the frontage of the site.
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
NOTICE OF TYPE 11 DECISION SDR2000-00001 - SAGELAND PARK PAGE 35 OF 40
Streets.
The applicant has agreed to install a concrete sidewalk along the frontage of this site to match
the existing portion of the sidewalk along the frontage.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to nerve
each new development and to connect developments to existing mains in accordance with
the provisions set forth in Design and Construction Standards for Sanitary and Surface
Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any
future revisions or amendments) and the adopted policies of the comprehensive plan.
Over-sizing: Section 18.810.099.0 states that proposed sewer systems shall include
consideration of additional development within the area as projected by the Comprehensive
Plan.
There is an existing public sanitary sewer line located in SW Graven Street that can serve this
site. Since this site is within the Urban Services Boundary (USB), USA has jurisdiction over the
public sanitary and storm sewer facilities. The applicants plans indicate that there is a sewer
service lateral for Tax Lot 1900 and two service laterals to Tax Lot 2001. Each existing lateral
can serve each of the three buildings proposed.
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 18.810.100.0 states that a culvert or
other drainage facility shall be large enough to accommodate potential runoff from its
entire upstream drainage area, whether inside or outside the development. The City
Engineer shall approve the necessary size of the facility, based on the provisions of
Design and Construction Standards for Sanity and Surface Water Management (as
adopted by the Unified Sewerage Agency in 2000 and including any future revisions or
amendments).
The proposed plan appears to adequately accommodate any upstream runoff that reaches this
site.
Effect on Downstream Drainage: Section 18.810.100.13 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 adapted b the Unified Sewerage ardency in 2000 and
including any future revisions or amendments
In 1997, the Unified Sewerage Agency (USA) completed a basin study of Fanno Creek and
adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a
recommendation that local governments institute a stormwater detention/effective impervious
area reduction program resulting in no net increase in storm peak flows up to the 25-year event.
The City will require that all new developments resulting in an increase of impervious surfaces
provide onsite detention facilities, unless the development is located adjacent to Fanno Creek.
For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to
discharge without detention.
The applicant's plan indicates they will convey all onsite stormwater runoff to SW Graven Street
via three points of discharge; two for the buildingg on Tax Lot 1900 that will discharge through
the curb in a weep hole, and one for the two buildings on Tax Lot 2001 that will be connected
into the back. of the existing catch basin near the northwest corner of that loft. Staff supports the
conceptual plan, but USA will need to provide the final review and approval prior to construction.
NOTICE OF TYPE 11 DECISION SDR2000-00001 -SAGELAND PARK PAGE 36 OF 40
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed
bikeways identified on the City's adapted pedestrian/bikeway plan shall include
provisions for the future extension of such bikeways through the dedication of
easements or right-of-wary.
The City's adopted pedestrian/bikeway plan does not include a bikeway or pedestrian path,
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.
This is inapplicable.
Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within
the roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways
separated from the road is eight feet.
This is inapplicable.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection
boxes and meter cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric lines operating at 50,000 volts or above,
and:
+ The developer shall make all necessary arrangements with the serving utility to
provide the underground services;
+ The City reserves the right to approve location of all surface mounted facilities,
+ All underground utilities, including sanitary sewers and storm drains installed in
streets by the developer, shall be constructed prior to the surfacing of the streets;
and
+ Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer
shall pay a fee in-lieu of under-groundingp costs when the development is proposed to take
plane 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-wary from the applicant's
property shall pay a fee in-lieu of under-grounding.
There are existing overhead utility lines on SW Graven Street. If the fee in-lieu is proposed, it is
squat to $27.50 per lineal foot of street frontage that contains the overhead lines. The frontage
alone this site is 185 lineal feet; therefore the tee would be $5,088.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Public Water System:
This site will be served from the City's public water system. The Public Works Department
submitted comments regarding this application. The applicant will need to serve each of the
three buildings with individual 1-inch meters (3 total 1-inch meters). Each of the three meters
must be fitted with a double check valve assembly installed behind the meter (on customer
side).
NOTICE OF "TYPE 11 DECISION SDR2000-00001 - SAGELAND PARK PAGE 37 OF 40
In addition, Public Works notes that for multi-family residential buildin s, the Uniform Fire Cade
UFC) requires that a fire hydrant be within 250 feet of all portions of the building. The existing
fie hydrant located west of this site will not meet this criteria. The applicant is directed to
discuss this issue with the City s Building Division and Tualatin Valley Fire and Rescue (TVFR).
A new fire hydrant may need to be added at the end of the cul-de-sac.
Storm Wafer unlit
The City has agree to enforce Surface Water Management (SWM) regulations established
by the Unified Sewerage Agency (USA) 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.
The applicant has requested that they be allowed to pay the fee in-lieu of water quality facility,
because when the engineer attempted to size an appropriate facility for this project, the resulting
control orifice size was less than ',/-inches in diameter. This size of an orifice is too small to
pprevent constant clog inq. Staff concurs with the applicant's engineer that an onsite facility for
this project is impractical, and supports the payment of the fee in-lieu. The final approval,
however, must be obtained from USA.
Grading and Erosion Control:
USA Desig n and Construction Standards also regulate erosion control to reduce the
amount of sediment and other pollutants reaching the public storm and surface water
system resulting from development, construction, grading: excavating, clearing, and any
other activity which accelerates erosion. Per USA regulations, the applicant is required
to submit an erosion control plan for City review and approval prior to issuance of City
permits.
A grading and erosion control plan must be submitted to the Building Division as a part of the
site permit submittal.
Address Assiariments:
The City of Tigard is responsible for assiggning addresses for parcels within the City of Tigard
and within the Urban Service Boundary (IJSS). An addressing fee in the amount of $30.00 per
address shall be assessed. This fee shall be paid to the City prior to issuance of the site permit.
For multi-tenant buildings, one address number is assigned to the building and then all tenant
spaces are given suite numbers. The City is responsible for assigning the main address and
suite numbers. This information is needed so that. building permits for tenant improvements can
be adequately tracked in the City's permit tracking system. Based upon the information
provided by the applicant, this building will be a multi-tenant building. Prior to issuance of the
building permit, the applicant shall provide a suite layout map so suite numbers can be
assigned. The addressing fee will then be calculated based upon the number of suites that
must be addressed. In multi-level structures, around level suites shall have numbers preceded
by a I second level suites shall have numbers preceded by a "2", etc.
SECTION Vill. OTHER STAFF COMMENTS
City of Tigard Lang-Range Planning Division has reviewed the proposal and has no
objections to it.
City of Tigard Building Division has reviewed this proposal and has offered the following
comments:
1. The proposed buildings are located more than 150 feet from Fire Department apparatus
access, and the Cul-de-sac doesn't meet the 0 degree radius required by UFC 902
(TVFP,). The applicant will have to provide details on how they will comply with the
subject section.
2. Two hydrants will be required. UFC (TVFR) Table A-Ill-A-`[.
NOTICE OF TYPE 11 DECISION SDR2000-00001 - SAGEI_AND PARK PAGE 38 OF 40
. Grades on this proposal will be critical in ensuring that surface water runoff doesn't pond,
especially on what is now lot 1000.
City of Tigard Police Department has reviewed this application and has no objections to it.
City of Tigard Property Manager has reviewed this application and has no objections to it.
The City of Tigard Operations Department has reviewed this application and offered the
following comments:
Each building shall have a one inch meter for domestic use( -1 inch meters total) and each
meter shall have a double check valve assembly installed behind the meter (customer side).
Please check with the Fire Marshall to see if theyy will waive 210-foot requirement. A11 portions
of multi-family residential buildings to be within 250 feet of fire hydrant). Existing ire Hydrant
does not meet condition. A new Fire Hydrant may be required at end of cul-de-sac.
SECTION IX. AGENCY COMMENTS
Unified Sewerage Agency (USA) has review this application and provided comments which
are incorporated and addressed under Section 18.810 in this decision.
ODOT has reviewed this application and has no objections or comments.
Tualatin Valley Fire and Rescue were notified and responded with a notation to see comments
from the City of Tigard Building Division.
Tri-Met was notified but no comments were provided.
Unified Sewerage Agency was notified but no comments were provided.
GTE was notified but no comments were provided.
PGE reviewed this application and offered no comments or objections.
NW Natural Gas was notified but no comments were provided.
TCI Cable reviewed this application and offered no comments or objections.
SECTION X. PROCEDURE AND APPEAL INFORMATtQ
Notice:
Notice was posted at City Hall and mailed to:
The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Find Decision:
THIS DECISION IS FINAL ON JULY 10, 2000, AND BECOMES
EFFECTIVE ON JULY 25, 2000 UNLESS AN APPEAL IS FILED.
NOTICE of TYPE It DECISION SDR2000-00001 - SAGELAND PARK PAGE 39 OF 40
8ppeal:
The decision of the Director (l ype ll Procedure) or Review Authorit (Type 11 Administrative Appeal
or Type l11 Procedure) i final for purposes of appf eal on the date that it is mailed. Any party with
standing a provided in Section 18.390.040.G. may appeal this decision in accordance with
Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written
a eal together with the required fee shall be filed with the Director within ten {10) business days
of thy; date the notice of the decision was mailed. The appeal fee schedule and forms are available
from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
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 arties during
the comment period. Additional evidence concerning issues properly raised in Phe 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 tthe appellate body.
THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON JULY 24, 2000.
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) 639-41 !1.
Y""~1 y 10,200
P ABED BY: Karen Pert Fox DATE
Associate Planner
i July 10, 2000
APPROV D BY: is and Bewers o k DATE
Planning Manag
I.curpintkarentsdrlsdr00-1 deac.doc
NOTICE OF TYPE 11 DECISION SDR2000-00001 - SAGELAND PARK PAGE 40 OF 40
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