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SDR2005-00005 Decision - OAK STREET CONDOS (REV) NOTICE OF TYPE II DECISION SITE DEVELOPMENT REVIEW (SDR) 2005-00005 ADJUSTMENT (VAR) 2005-00073 CITY OF 71GARD OAK STREET CONDOMINIUMS Community lDeveropment Shaping A Better Community 120 DAYS = 2118/2006 FILE NAME: OAK STREET CONDOMINIUMS CASE NOS.: SITE DEVELOPMENT REVIEW (SDR) SDR2005-00005 Adjustment (VAR) VAR2005-00073 REQUEST: The applicant is requesting Site Development Review approval to construct 47, 3-story, multi-family attached residential condominiums. The development consists of five separate structures with unit groups of seven, nine, and eleven on approximately 1.33 acres. The applicant is also requesting an Adjustment to the access spacing standards to allow the primary access fro SW Oak Street to be located within 200 feet of an adjacent driveway. APPLICANT: ICON Architecture/Planning, Inc. OWNER: John Chepin Attn: Dan Goodrich 926 Delaware Street, #236 9725 SW Beaverton Hillsdale Hwy. Longview, WA 98632 Suite 210E Beaverton, OR 97005 OWNER: Oak Street Condominiums, LLC Attn: Jim Standring 12670 SW 68th Avenue, Suite 400 Tigard, OR 97223 LOCATION: 8875 and 8911 SW Oak Street; WCTM 1 S135AA, Tax Lots 3800 and 3901. ZONE: MUR-1: Mixed-Use high-Density Residential. The MUR-1 zoning district is designed to apply to predominantly residential areas where mixed-uses are permitted when compatible with the residential use. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390, 18.520, 18.630, 18.705, 18.715, 18.720, 18.725, 18.745, 18.755, 18.765, 18.775, 18.780, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section VI. NOTICE OF TYPE 11 DECISION SDR2005-00005(OAK STREET CONDOMINIUMS PAGE 1 OF 37 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ANY SITE WORK OR EXCAVATION: The applicant s a TI prepare a cover letter and submit it, a ong with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to site work, the applicant is required to revise the proposed project plan to show a maximum of 46 units. 2. Acknowledge in writing that the applicant understands the Environmental Performance Standards of Section 18.725 of the Tigard Development Code shall be maintained and any violation of these standards will constitute a violation of code. 3. Revise the tree removal and mitigation plan to include trees no included due to dedication of right-of-way. 4. Prior to commencing site work, the applicant shall submit a cash assurance for the equivalent value of tree mitigation required. If additional trees are preserved through the site improvements and construction of houses, and are properly protected through these stages by the same measures afforded to other protected trees on site, the amount of the cash assurance may be correspondingly reduced. Any trees planted on the site or off site in accordance with 18.790.060 (D) will be credited against the cash assurance, for two years following final occupancy approval. After such time, the applicant shall pay the remaining value of the cash assurance as a fee in-lieu of planting. 5. Prior to commencing any site work, the applicant shall submit construction drawings that include the approved Tree Removal, Protection and Landscape Plan. The plans shall also include a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. Only those trees identified on the approved Tree Removal plan are authorized for removal by this decision. 6. Prior to commencing any site work, the applicant shall establish fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Forester for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 7. If the applicant plans on saving trees after site work, the applicant will be required to provide an additional comprehensive arborist report that addresses protection measures for those trees to be saved. 8. Provide a detailed lighting plan to Jim Wolf in the Tigard Police Department for review and approval. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM MCMILLAN 503-639-4'f71, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 9. The applicant's plan shall be revised to show the extension of the storm sewer line to the north property line and upsize the line along the north property line of lots 9-16 to serve upstream development. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 2 OF 37 10. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this project to cover street improvements and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement PFI) permit plans shall conform to City of Tigard Public Improvement Design StandarL, which are available at City Hall and on the City's web page (www.ci.tigard.or.us). 11. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 12. The applicant shall provide a construction vehicle access and parking Ian for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 13. The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. 14. The applicant's plans shall show all driveways within 150 feet of the Oak Street ROW (Right of Way) placed as far to the north as possible. 15. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a half- street improvement along the frontage of Oak Street. The improvements adjacent to this site shall include: A. City standard pavement section for a Collector street from curb to centerline equal to 17 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 8 foot concrete sidewalk with a planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; 1. underground utilities; J. street signs (if applicable); K. driveway apron (if applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW Oak Street in a safe manner, as approved by the Engineering Department. 16. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that they will construct the following frontage improvements along SW Oak Way as a part of this project: A. 20 foot wide pavement section, per City standard section, along the north property line; B. 14.8 foot wide gravel section, capable of supporting a 75,000 pound live load, from the NE corner of this development to SW 87 n Avenue; C. driveway apron, per City of Tigard standards. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 3 OF 37 17. A profile of Oak Street and Oak Way shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 18. No lots shall be permitted to access directly onto Oak Street. 19. The applicant's construction drawings shall show that the pavement and rock section for the proposed private access shall meet the fire department requirements for load bearing. 20. The applicant shall obtain approval from the Tualatin Valley Water District for the proposed water connection prior to issuance of the City's Public Facility Improvement permit. 21. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment CConttrol Design and Planning Manual, February 2003 edition." 22. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions oflots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. 23. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 24. The applicant's engineer shall submit final plans and calculations for the water quality and detention facility for review and approval. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 25. Prior to issuance of building permits, the applicant/owner shall record a deed restriction to the effect that any existing tree greater than 12" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. 26. Revise the site plan to show street trees along SW Oak Street to be planted at a minimum of 25 feet apart. 27. Show the proposed interior access drives to be constructed with street trees approved by the City's Arborist. 28. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign compliance agreement. 29. Prior to erecting a sign on the subject site, the applicant must apply for a sign permit with the Planning Technicians at the front counter of the Tigard Permit Center. 30. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the location of the trees that were preserved on the lot, location of tree protection fencing, and a signature of approval from the project arborist regarding the placement and construction techniques to be employed in building the douse. All proposed protection fencing shall be installed and inspected prior to commencing construction, and shall remain in place through the duration of home building. After approval from the City Forester, the tree protection measures may be removed. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 4 OF 37 31. Provide information regarding the required amount of outdoor recreation space based on the number of bedrooms each unit will have. If an increase is warranted based on this information, the applicant must revise the site plan to allocate for the required increase. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 32. Prior to issuance of building permits, the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley Treat, Engineering). 33. The applicant shall record a document that restricts access to Oak Street to the approved Private Street location. No lots shall have direct access to Oak Street. 34. Prior to issuance of building permits, the applicant shall pay $1263.00 to the City for the striping of the bike lane along the frontage of Oak Street. 35. The applicant shall provide a public utility easement over the entirety of the private street tract. 36. The right-of-way dedication for Oak Street (31 feet from centerline) and Oak Way (20 feet total) shall be made on the proper documents for recording. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: The applicant shat prepare a cover letter an submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 37. Provide a copy of the proposed CC&R's that indicates that roof-mounted equipment will be prohibited 38. Prior to occupancy, an access and maintenance agreement will be required to be established within the CC&R's or a Home Owners Association for the proposed access. 39. Provide a plan showing the location of one required ADA parking stalls. 40. Provide and implement a plan showing wheel stops for the proposed visitor parking area. 41. Provide a drawing to show the proposed wall mounted bicycle rack that is to be mounted in each of the unit's garages. 42. Prior to the issuance of any Certificates of Occupancy , the applicant shall ensure that the Project Arborist has submitted written reports to the City Forester, at least, once every two weeks, from initial tree protection zone (TPZ) fencing installation, through final home inspection, as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall certify that the construction activities to the trees did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being followed by the contractor, the City can stop work on the project until an inspection can be done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection fencing, determine if the fencing was moved at any point during construction, and determine if any part of the Tree Protection Plan has been violated. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 5 OF 37 The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 43. Prior to final building inspection, the applicant shall demonstrate that they have entered into a maintenance agreement with Stormwater Management, or another company that demonstrates they can meet the maintenance requirements of the manufacturer, for the proposed onsite storm water treatment facility. 44. The applicant shall either place the existing overhead utility lines along SW Oak Street underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee in-lieu will only be allowed if approved by the City Engineer. The fee shall be calculated by the frontage of the site that is parallel to the utilit lines and will be $35.00 per lineal foot. If the fee option is chosen, the amount will be 13,513.85 and it shall be paid prior to issuance of building permits. 45. Prior to final building inspection, the applicant's engineer shall provide final sight distance certification for the access onto Oak Street. THIS APPROVAL SHALL BE VALID FOR EIGHTEEN (18) MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Histor. Staff conducted a search of City records for the subject parcels and found no land-use related documents. Vicinity Information: The subject site is located on the north side of SW Oak Street and south of SW Oak Way and residential properties on either side. Site Information and Proposal Description: The applicant is requesting Site Development Review approval to construct 47, 3-story, multi-family attached residential condominiums. The development consists of five separate structures with unit groups of seven, nine, and eleven on approximately 1.33 acres. The applicant is also requesting an Adjustment to the access spacing standards to allow the primary access from SW Oak Street to be located within 200 feet of an adjacent driveway. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET No comments were received. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 6 OF 37 SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA A. Zoning Districts 18.520 Commercial Zoning Districts B. Applicable Development Code Standards 18.370 Variances and Adjustments) 18.630 Washington Square Regional Design Standards) 18.705 Access Egress and Circulation) 18.715 Density Computations) 18.720 Design compatibility Standards) 18.725 Environmental Performance Standards) 18.745 Landscaping and Screening) 18.755 Mixed Solid Waste and Recyclable Storage) 18.765 Off-Street parking and loading requirements) 18.775 Sensitive Lands) 18.780 Signs 18.790 Tree Lmoval) 18.795 Visual Clearance) C. Specific DR Approval Criteria 18.360 D. Street and Utility Improvement Standards 18.810 E. Impact Study 18.390 SECTION VI. APPLICABLE DEVELOPMENT CODE STANDARDS A. ZONING DISTRICT Residential Zoning District: Section 18.520.020 fists t e description of the Residential Zoning Districts. The site is located in the MUR-1 zoning district: Mixed Use Residential District. Development Standards: Section 18.520.040.13 States that Development standards in Residential Zoning Districts are contained in Table 18.520.2 below: TABLE 18.520.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD MUR-1 Proposed Minimum Lot Size None 176,823 sq. ft. Minimum Lot Width None 440 ft. Minimum Setbacks Front yard 0 ft 8-13 ft. Side facing street on corner & through lots [1] 5 ft 8-13 ft. Side yard 0 ft 6-16 ft. Rear yard 0 ft N/A Side or rear yard abutting more restrictive zoning district 0 ft 6-10 ft. Distance between front of garage & property line abutting a public or private street. N/A N/A Minimum Building Height 2 Stories 3 Stories Maximum Height 75 ft 35 ft. Maximum Site Coverage [2] 80% 80% Minimum Landscape Requirement 20% 20% Minimum FAR (3) 0.6 N/A Minimum Residential Density (4)(5)(6) 50 unit/acre 47 unit/acre Maximum Residential Density (4)(5)(6)(7) None N/A As demonstrated in the table above, the applicant's plans comply with the dimensional standards of the MUR-1 zone. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 7 OF 37 FINDING: Based on the analysis above, the Development Standards criteria have been satisfied. B. ADDITIONAL APPLICABLE DEVELOPMENT CODE STANDARDS The Site development Review approval standards require that a eve opment proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are Chapters 18.360, 18.370, 18.390, 18.520, 18.705, 18.745, 18.755, 18.765, 18.775, 18.780, 18.790, 18.795, and 18.810. The proposal's consistency with these Code Chapters is reviewed in the following sections. VARIANCES AND ADJUSTMENTS (18.370) TF e can as reques e an a jus ment to the local street spacing standard (The minimum spacing of driveways and streets along a collector shall be 200 feet). The spacing between the centerline of the northerly extension of the proposed access drive to the centerline of the adjoining driveway to the east is approximately 80 feet. Even if the proposed access drive could be shifted to the most western portion of the subject parcels, the 200 foot spacing standard could not be met. Therefore, the requested adjustment is warranted and addressed below. Street S acinq Adiustment: The Director may approve, approve with conditions, or deny a request for an adjustment from the access requirements contained in Chapter 18.705, based on the fo?lowing criteria: (1) It is not possible to share access; There is no possibility to share access to the subject site. All access drives to adjoining parcels are for single-family residential or multi-family under five units which does not provide the capacity that a 46 unit condominium needs for access. (2) There are no other alternative access points on the street in question or from another street; The applicant is proposing access to the site from SW Oak Way which is unimproved at this time. Therefore, SW Oak Street is the only logical street to take access from. (3) The access separation requirements cannot be met; As mentioned above, there is no alternative point along the SW Oak Street frontage that will allow the separation requirement to be met. If the access was moved to the most western point of the parcel, the spacing would be approximately 161 feet. The separation requirement is a minimum of 200 feet. (4) The request is the minimum adjustment required to provide adequate access; Due to existing street patterns coupled with minimum density, the proposed access location is the most logical. Therefore, the requested adjustment is the least required to provide adequate access. (5) The approved access or access approved with conditions will result in a safe access; and The approved access will meet sight distance as required by the Engineering Department. (6) The visual clearance requirements of Chapter 18.795 will be met. Visual clearance will be assured by the provisions of 18.795. There are no indications from the evidence submitted that such visual clearance is not obtainable. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. NOTICE OF TYPE 11 DECISION SDR2005-0000510AK STREET CONDOMINIUMS PAGE 8 OF 37 WASHINGTON SQUARE REGIONAL CENTER DESIGN STANDARDS (18.630): Building placement on Major pr id eria s Buildings shall occupy a minimum of 50% of all street frontages along major and minor arterial streets. Build gs shall be located at public street intersections on major and minor arterial streets. The applicant has shown proposed units one through eleven and unit 47 to have a setback of 8.5 feet from SW Oak Street. According to the Tigard Transportation Systems Plan, SW Oak Street is considered a collector street. This criterion refers to building placement along Arterials. Therefore, this standard does not apply. Building setbacks: The minimum and maximum building setback from public street rights-of-way shall be in accordance with Table 18.520.2. Building setbacks are addressed above under Table 18.520.2. Therefore, this standard has been met. Front yard setback design: For setbacks greater than 0 feet, landscaping, and arcade, or a hard-surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements shall be provided on all streets. Landscaping shall be developed to an L-1 standard on public streets and an L-2 standard on accessways. Hard-surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and other street furnishings are encouraged. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040.8 and Table 18.520.2. The applicant has shown an eight and a half foot front yard setback with landscaping and pedestrian entrances to the proposed units. The proposed landscaping will consist of arborvitae and lawn, which meets the L-1 landscaping standard of 18.630.090 (Landscaping and Screening). This standard is satisfied. Walkway connection to building entrances: A walkway connection is required between a building's entrance and a public street or accessway. This walkway must be at least six feet wide and be paved with scored concrete or modular paving materials. Building entrances at a corner adjacent to a public street intersection are required. These areas shall contribute to the minimum landscaping requirement per Section 18.520.040.6 and Table 18.520.2. The applicant has shown an eight foot wide walkway entrance to be shared by each unit that faces SW Oak Street. In addition, the applicant has shown eight-foot wide walkway entrances from the proposed units to the access drive. Therefore, this standard has been satisfied. Parking location and landscape design: Parking for buildings or phases adjacent to public street rights-of way must be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street, primary street(s) shall be identified by the City where this requirement applies. In general, streets with higher functional classification will be identified as primary streets unless specific design or access factors favor another street. If located on the side, parking is limited to 50% of the primary street frontage and must be behind a landscaped area constructed to an L-1 landscape standard. The minimum depth of the L-1 landscaped area is five feet or is equal to the building setback, whichever is greater. Interior side and rear yards shall be landscaped to an L-2 landscape standard, except where a side yard abuts a public street, where it shall be landscaped to an L-1 landscape standard. This standard refers to commercial buildings and visitor parking areas. The applicant is not proposing any parking lots next to the adjacent streets with this development. Therefore, this standard does not apply. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 9 OF 37 Ground floor windows: All street-facing elevations within the Building Setback (0 to 10 feet) along public streets shall include a minimum of 50% of the ground floor wall area with windows, display areas or doorway openings. The ground floor wall area shall be measured from three feet above grade to nine feet above the entire width of the street-facing elevation. The ground floor window requirement shall be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50% of the ground floor window requirement may be met on an adjoining elevation as long as the entire requirement is located at a building corner. The applicant has indicated that units one through eleven, which face SW Oak Street, occupy a total of 165 feet of the frontage. The combination of ground floor windows and doors combined is 88 feet, which is 53% of the frontage. Therefore, this standard has been satisfied. Building facades: Facades that face a public street shall extend no more than 50 feet without providing at least one of the following features: (1) a variation in building materials; (2) a building off-set of at least 1-foot; 3) a wall area that is entirely separated from other wall areas by a projection, such as an arcade; or (4) by another design features that reflect the building's structural system. No building fagade shall extend for more than 300 feet without a pedestrian connection between or through the building. The proposed plans show units one through eleven to vary in style and texture. The front elevation of the building is approximately 165 feet in length and multiple window, siding and trim styles vary from unit to unit. Two window bay styles have been proposed that cantilever over the primary entrance on each unit. The proposed variations will be no further than 20 feet apart. Unit entrances are no greater than 40 feet apart. Therefore, this standard has been satisfied. Weather protection: Weather protection for pedestrians, such as awnings, canopies, an arcade, shall be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. The applicant has shown each unit to be weather protected by a 16 square foot area provided by the cantilevering of the second floor. In addition, each unit entrance will be recessed a minimum of four feet. Therefore, this standard is satisfied. Building Materials: Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board or vinyl siding may not be used as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. The applicant has indicated that the units are to have finish materials consisting of decorative stone veneer, painted and beveled siding, painted rough sawn trim and detailing, and composition shingle roofs. Therefore, this standard has been satisfied. Roofs and roof lines: Except in the case of a building entrance feature, roofs shall be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are not permitted. No false fronts or roofs are associated with this development. Therefore, this standard is satisfied. Roof-mounted equipment: All roof-mounted equipment must be screened from view from adjacent public streets. Satellite dishes and other communication equipment must be screened from view from adjacent public streets. Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar heating panels are exempt from this standard. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 10 OF 37 The applicant has indicated that roof-mounted equipment will be prohibited as governed by the CC&R's. Therefore, the applicant is required to provide a copy of the proposed CC&R's that indicates that roof-mounted equipment will be prohibited. FINDING: Based on the analysis above, the Washington Square Regional Center Design criteria have not been satisfied. However, if the applicant complies with the condition below, the standards will be met. CONDITION: Provide a copy of the proposed CC&R's that indicates that roof-mounted equipment will be prohibited. ACCESS, EGRESS AND CIRCULATION (18.705): Access plan: No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. The applicant has provided plans showing access, egress, and circulation from SW Oak Street. Therefore, this standard has been satisfied. Joint access: Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and copies of the deeds, easements, leases or contracts are placed on permanent file with the City. The proposed units will all share the private street from SW Oak Street and SW Oak Way. Therefore, prior to occupancy, an access and maintenance agreement will be required to be established within the CC&R s or a Home Owners Association. Public street access: All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. The proposed multi-family project will have access to SW Oak Street and SW Oak Way, which are considered public streets. Therefore, this standard is satisfied. Curb cuts: Curb cuts shall be in accordance with Section 18.810.030N: Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080: Concrete curbs and driveway approaches are required; except where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval and Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. No driveway approach shall be less than five feet from the side property line projected except in cul-de-sacs, without approval and written permission of the city. The end slopes may encroach within the five foot restricted area. No portion of any driveway approach, including the end slopes, shall be located closer than thirty feet to an intersection street right-of-way line. Commercial or service drives shall not be more than thirty feet in width and if located on the same lot frontage shall be separated by a minimum length of curb of thirty feet. Each residential driveway shall be not more than twenty-six feet in width including end slopes, and if more than one driveway is to be constructed to serve the same lot, the frontage spacing between such driveways shall be not less than thirty feet measured along the curb line. Joint access driveways shall conform to the appropriate width standard for commercial or residential type usage. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 11 OF 37 Curb cuts will be addressed under 18.810 Street and Utility Improvement Standards. Therefore, this standard has been satisfied. Walkways: On-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, rams, 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; The proposed project is for a multi-family complex. Therefore, no walkways are required. However, the applicant has provided an internal walkway system that connects to SW Oak Street and SW Oak Way. Therefore, this standard has been satisfied. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically 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 36 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 greatest distance a pedestrian will have to cross the parking lots or accessways is 27 feet. Therefore, this standard has been satisfied. 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 indicated in the narrative that walkways will be paved with concrete. Therefore, this standard has been satisfied. Inadequate or hazardous access. pp ica ions or ui Ong permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed: Would cause or increase existing hazardous traffic conditions; or Would provide inadequate access for emergency vehicles; Tualatin Valley Fire and Rescue and Tigard Police have been notified of the proposed development and have not indicated a hazard. The proposed driveway has been designed to City standards. The Director has not determined that Planning Commission review is necessary for building permits. With regard to streets and street intersections, these issues are addressed under TDC Chapter 18.810 (Street and Utility Improvement Standards). This criterion has been satisfied. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Single-family and duplex dwellings are exempt from this requirement. The proposed accessway will enable vehicles to pull forward from the site onto SW Oak Street (collector) and SW Oak Way (neighborhood route). In addition the applicant is not requesting direct individual access to a public street from multi-family units. Therefore, this criterion is satisfied. Access Management (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. NOTICE OF TYPE 11 DECISION SDR2005-00005(OAK STREET CONDOMINIUMS PAGE 12 OF 37 The applicant's engineer has submitted a sight distance certification letter for the intersection of the proposed private street with SW Oak Street. Based on traffic counts provided by Quality Counts, LLC, the 85t percentile speeds are 32 mph for westbound traffic and 33 mph for eastbound traffic. The engineer has certified that there is sight distance exceeding 320 feet to the east and 330 feet to the west. The applicant's engineer will be required to submit a final sight distance certification after completion of the public street improvements. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. This development is served by a private street with individual driveways for each unit. Oak Street is classified as a Collector on the City of Tigard's Transportation System Plan and the applicant shall place all driveways that are within 150 feet of Oak Street ROW as far to the north as possible. No lots shall have direct access to Oak Street. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. Oak Street is classified as a Collector. There are 5 existing driveways within 200 feet of the proposed private street. The applicant has requested an adjustment to this standard because there is no alternative access available and no location along their frontage that can meet this standard. No lots shall have direct access to Oak Street and the applicant shall place a note on the plat that restricts access onto Oak Street to the approved location of the private street. Minimum access requirements for residential use. 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; The applicant's proposal is for 47 multi-family units. The minimum access requirement for 20-49 units is one 30-foot accessway with 24 feet of pavement. The applicant's plans show a 30-foot private street with 24 feet of pavement. Therefore, this standard is satisfied. Section 18.705.030.1.4 states that Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet or a hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet. The maximum cross slope of a required turnaround is 5%. The applicant has proposed a private street through the project. Therefore, this standard does not apply. The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would: NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 13 OF 37 Cause or increase existing hazardous traffic conditions; or Provide inadequate access for emergency vehicles; or Cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. To eliminate the need to use public streets for movements between commercial or industrial properties, parking areas shall be designed to connect with parking areas on adjacent properties unless not feasible. The Director shall require access easements between properties where necessary to provide for parking area connections; To facilitate pedestrian and bicycle traffic, access and parking area plans shall provide efficient sidewalk and/or pathway connections, as feasible, between neighboring developments or land uses; The proposed access to the subject property is not considered hazardous or constitutes a clear and present danger to the public health. Final sight distance certification has been conditioned. Therefore, no access restriction is required. FINDING: Based on the analysis above, the Access, Egress and Circulation standards have not been met. CONDITIONS: The applicant's engineer will be required to submit a final sight distance certification after completion of the public street improvements. Prior to occupancy, an access and maintenance agreement will be required to be established within the CC&R's or a Home Owners Association for the proposed access. DENSITY COMPUTATIONS AND LIMITATIONS (18.715): Comer 18.715 implements t e Comprehensive an by establishing the criteria for determining the number of dwelling units permitted. The number of allowable dwelling units is based on the net development area. The net area is the remaining parcel area after exclusion of sensitive lands and land dedicated for public roads or parks. The net area is then divided by the minimum lot size permitted by the zoning district to determine the number of dwelling units that may be developed on a site. Based on the formulas in Chapter 18.715 of the City of Tigard Community Development Code, the maximum and minimum number of units permitted on the site are based on the net developable area, subtracting sensitive land areas, land dedicated to public parks, land dedicated for public right-of-way, and land for private streets from the total site area. Of the total site area (56,224 square feet), 15,695 square feet will be dedicated to public and private right-of-way. This results in a net developable area of 40,529 square feet. Therefore, the maximum number of lots permitted on this site based on 50 units to the acre is 46.5 and the minimum number of lots is 37. The applicant proposes to build a total of 47 units. However, density is rounded down. Therefore, the applicant is required to revise the proposal to show no more than 46 units. FINDING: Based on the analysis above, the Density Standards have not been satisfied. However, if the applicant complies with the condition below, this section will be met. CONDITION: Prior to site work, the applicant is required to revise the proposed project to show a maximum of 46 units. ' DESIGN COMPATIBILITY STANDARDS (18.720) i(n7~en provisions apply. These provisions apply to all multi-family and attached single-family residential projects in zoning districts R-4.5 through R-40 that abut property zoned for single-family residential development. The proposed multi-family project is within the MUR-1 zoning district. All adjacent properties are zoned MUR-1. Therefore, this section does not apply. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 14 OF 37 ENVIRONMENTAL PERFORMANCE STANDARDS (18.725): Noise: For the purposes of noise regulation, the provisions of Sections 7.40.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible emissions: Within the commercial zoning districts and the industrial park (IP) zoning district, there shall be no use, operation or activity which results in a stack of other point- source emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration: No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors: The emission 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. Glare and heat: No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted and; there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and these.regulations shall not apply to signs or floodlights in parking areas or constructing 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. The pro osed use is multi-family, which is an outright permitted use within the MUR-1 zoning district. There is no indication within the application that these standards will not be met. However, ongoing efforts to meet these standards shall be maintained and any violation of these standards will be addressed by the City of Tigard's Code Enforcement Officer. FINDING: Based on the above, there is no evidence the Environmental Performance Standards will not be met. CONDITION: Acknowledge in writing that the applicant understands the Environmental Performance Standards of Section 18.725 of the Tigard Development Code shall be maintained and any violation of these standards will constitute a violation of code. LANDSCAPING AND SCREENING (18.745): Street Trees: Section 18.745.040 states that all development protects fronting on a public street or a private drive more than 100 feet in length shall be required to plant street trees in accordance with Section 18.745.040.C Section 18.745.040.C requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 15 OF 37 The applicant has proposed Hedge Maples along SW Oak Street as street trees, which are considered a medium sized tree that requires a minimum spacing of 25 feet. The applicant has shown the proposed street trees at a spacing of 20 feet. The applicant's site plan does not show street trees along the proposed private streets. Therefore, the applicant is required to revise the site plan to show street trees along SW Oak Street to be planted at a minimum of 25 feet apart. The applicant will also be required to show the proposed private access drive to be constructed with street trees approved by the City's Arborist. Granting of adjustments: Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 18.370.020.C.4.b. No adjustment has been requested. Therefore, this standard does not apply. Buffering and Screening: Section 18.745.080 states that no buffer is required between abutting uses that are of a different type when the uses are separated by a street. No buffer is required between a proposed office use and existing office use. The proposed use of the subject property is multi-family residential. The subject site abuts single-family residential to the north, east and west. Based on table 18.745.1 (Buffering Matrix) the project is required to provide a minimum of a six foot buffer alongg the abutting single-family properties. The applicant's plans show an eight and a half foot buffer on the east side of the property for a length of 110 feet consisting of a good neighbor fence, arborvitae hedge, shrubs and ground cover that abuts the multi-family property. The remaining 158 feet of the east property line is shown to have a 16-foot buffer also consisting of a good neighbor fence, arborvitae hedge, trees, shrubs and ground cover, which is consistent with the C" buffering option for properties abutting single-family construction. Proposed units 23-31 are screened to the west with a 10-foot buffer area that includes a six foot privacy wall, Arborvitae, trees and ground cover. Units 12-20 are screened to the north with a six foot buffer consisting of a privacy wall, Arborvitae, trees and ground cover. Units one and twelve are screened to the west with a six foot buffer area consisting of a six foot privacy wall and a combination of low lying and vertical shrubbery. Based on the analysis above, the applicant has met the buffering standards. Screening: Special Provisions: Section 18.745.050.E requires the screening of parking and loading areas. Landscaped rking areas shall include special design features which effectivey screen the parking U 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 parking areas, and shall be equally distributed on the basis of one (1) tree for each seven (7) parking spaces in order to provide a canopy effect. The minimum dimension on the landscape islands shall be three (3) feet wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. The proposed parking area consists of four parking stalls and is shown to be screened from the adjoining units to the north and east with a combination of low lying and vertical shrubbery, ground cover and an assortment of trees. Therefore, this standard is satisfied. 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; No disposal area is proposed with this development. Each unit will have its own waste container and will be collected on a unit by unit basis. Therefore, this criterion does not apply. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 16 OF 37 FINDING: Based on the analysis above, the landscaping and screening standards have not been met. However, if the applicant complies with the conditions below, the standard will be met. CONDITIONS: • Revise the site plan to show street trees along SW Oak Street to be planted at a minimum of 25 feet apart. Show the proposed interior access drives to be constructed with street trees approved by the City's Arborist. MIXED SOLID WASTE AND RECYCLABLES STORAGE (18.755): Chapter 18. requires a new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. The applicant has not shown a common disposal area. Each unit will have its own waste container and will be collected on a unit by unit basis. Therefore, this section does not apply. FINDING: Based on the analysis above, the Mixed Solid Waste and Recyclable Storage standards do not apply. OFF-STREET PARKING AND LOADING (18.765): Location o vehicle par ing: Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwellings. Off-street parking lots for uses not listed above shall be located not further than 500 feet from the building or use that they are required to serve, measured in a straight line from the building with the following exceptions: a) commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 300 feet from the primary site; The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: 1) Disabled-accessible s aces; 2) Short-term spaces; 3) Long-term preferential carpool and vanpool spaces; 4y Long-term spaces. The proposed development is for a 47 unit condominium project. Each unit will have either a single car or tandem garage. The project includes a four stall visitor parking area that is at its greatest point, 180 feet from the proposed western property line. Therefore, this standard is satisfied. Joint Parking_ Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay, subject to the following: 1) The size of the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070; 2) Satisfactory legal evidence shall be presented to the Director in the form of deeds, leases or contracts to establish the joint use; 3) If a joint. use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. Joint parking has not been proposed with this project. Each unit will have its own parking area. Therefore, this standard does not apply. Parking in Mixed-Use Projects: In mixed-use projects, the required minimum vehicle parking shall be determined using the following formula. 1) Primary use, i.e., that with the largest proportion of total floor area within the development, at 100% of the minimum vehicle parking required for that use in Section 18.765.060; 2) Secondary use, i.e., that with the second largest percentage of total floor area within the develo ment, at 90% of the vehicle parking required for that use in Section 18.765.060, 3 Subsequent use or uses, at 80% of the vehicle parking required for that use(s) in ection 18.765.060; 4) The maximum pparking allowance shall be 150% of the total minimum parking as calculated in D.1.-3. above. NOTICE OF TYPE 11 DECISION SDR2005-00005JOAK STREET CONDOMINIUMS PAGE 17 OF 37 The project is not considered a mixed-use project. Therefore, this standard does not apply. Visitor Parking in Multi-Family Residential Developments: Multi-dwellinv units with more than 10 required parking spaces shall provide an additional 15Y6 of vehicle parking spaces above the minimum required for the use of guests of residents of the complex. These spaces shall be centrally located or distributed throughout the development. Required bicycle parking facilities shall also be centrally located within or evenly distributed throughout the development. The proposed project is for a 47 unit multi-family condominium project. According to Table 18.765.2, the minimum number of parking spaces required is 1.5 per 2-bedroom unit, or 71 spaces. Additionally, 15% of the required parking shall be dedicated for guest parking bringing the total number of required parking spaces to 82. The applicant has proposed a total of 70 parking spaces in the form of tandem garages. Additionally, 24 spaces have been provided in the form of driveway spaces that can be used by either residents or their guests. Four additional spaces have been provided in a central area that can also be used by either residents or their guests, bringing the total number of parking stalls to 98. Therefore, this standard is satisfied. Preferential Long-Term Carpool/Vanpool Parking: Parking lots providing in excess of 20 long-term parking spaces shall provide preferential long-term carpool and vanpool parking for employees, students and other regular visitors to the site. At least 5% of total long-term parking spaces shall be reserved for carpool/vanpool use. Preferential parking for carpools/vanpools shall be closer to the main entrances of the building than any other employee or student parking except parking spaces designated for use by the disabled. Preferential carpool/vanpool spaces shall be full-sized per requirements in Section 18.765.040N and shall be clearly designated for use only by carpools and vanpools between 7:00 AM and 5:30 PM Monday through Friday. The proposal is for a multi-family development. The development will not have employees or students, and regular visitors will park in the required visitor parking which has already been addressed. Therefore, no preferential long-term carpool/vanpool parking will be required. Disabled-Accessible Parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. According to the Uniform Building Code, parking areas with one to twenty five parking stalls are required to provide one ADA accessible parking stall. The applicant has shown four visitor parking stalls, one of which is required to be ADA accessible. Access Drives: With regard to access to public streets from off-street parking: 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; 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 18.795, Visual Clearance; access drives shall be improved with an asphalt or concrete surface; and excluding single-family and duplex residences, except as provided by Subsection 18.810.030.P, 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. Access has been addressed previously in this decision under Chapter 18.705 (Access, Egress and Circulation). NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 18 OF 37 Pedestrian Access: Pedestrian access through parking lots shall be provided in accordance with Section 18.705.030.F. Where a parking area or other vehicle area has a drop-off grade 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. Pedestrian access has been discussed previously in this decision under Chapter 18.705 (Access, Egress and Circulation Standards). Parking Lot Striping: 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 be clear) marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The plans submitted show the parking spaces will be clearly marked with striping. Therefore, this standard has been satisfied. Wheel Stops: Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least 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 of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The applicant is required to provide wheel stops for the proposed visitor parking area. Drainage: Off-street parking and loading areas shall be drained in accordance with specifications approved by the City Engineer to ensure that ponds do not occur except for single-family and duplex residences, off-street parking and loading facilities shall be drained to avoid flow of water across public sidewalks. The applicant has indicated that the proposed visitor parking area will drain into the private street. Therefore, this standard is satisfied. Lighting: A lights providing 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. The applicant has indicated on the plans that lights providin,9 illumination to private parking areas will be arranged to direct the light away from any adjacent residential district. This standard has been satisfied. Space and Aisle Dimensions: Section 18.765.040.N states that: "except as modified for angled parkin in Figures 18.765.1 and 18.765.2 the minimum dimensions forparking spaces are: 8. feet x18.5 feet for a standard space and 7.5 feet x 16.5 feet for a compact space; aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feetin width. The proposed parking stalls of the visitor parking area are shown to be 8.5 x 18.5 feet. Therefore, this standard is satisfied. Bicycle Parking Location and Access: Section 18.765:050 states bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; and bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 19 OF 37 The applicant has proposed that each of the units will include a wall mounted bicycle rack within individual garages. Therefore, this standard has been satisfied. Bicycle Parking Design Requirements: Section 18.765.050.0. The following design requirements apjply to the installation of bicycle racks: The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked to them without undue inconvenience. Provision of bicycle lockers for long-term (employee) parking is encouraged but not required; bicycle racks must be securely anchored to the ground, wall or other structure; bicycle parking spaces shall be at least 2'/2 feet by six feet long, and, when covered, with a vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking; each required bicycle parking space must be accessible without moving another bicycle; required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking are exempt from this requirement; and areas set aside for required bicycle parking must be clearly reserved for bicycle parking only. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers, asphalt, concrete or similar material. This surface must be designed to remain well drained. As mentioned above, the applicant has proposed wall mounted bicycle racks; however, the applicant has not provided the proposed design of the rack to be used. Therefore, the applicant is required to provide a drawing to show the proposed wall mounted bicycle rack that is to be mounted in each of the unit's garages. Minimum Bicycle Parkinq Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.765.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. Minimum bicycle parking for multi-family developments is calculated at one space for every two units. The applicant is providing individual spaces within each unit. Therefore, this standard has been satisfied. Minimum Off-Street Parking: Section 18.765.070.H states that the minimum and maximum parking shall be as required in Table 18.765.2. Table 18.765.2 states that the minimum parking for a Multi-family Use is 1.25 stalls for one bedroom units, 1.5 stalls for two bedroom units, and 1.75 stalls for three bedroom units. In any case, the applicant is proposing two parking stalls per unit with an additional four parking stalls for visitors. Therefore, the applicant is providing a total of 98 parking stalls. The minimum parking required for the project if all units were three bedroom units would be 82. Therefore, this standard is satisfied. Off-Street Loading Spaces: Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: A minimum of one loading space is required for buildings with 10,000 gross square feet or more; A minimum of two loading spaces for buildings with 40,000 gross square feet or more. The proposed project is neither commercial nor industrial. Therefore, this standard does not apply. FINDING: Based on the analysis above, the off-street parking and loading standards have not been fully met, however, if the applicant complies with the conditions listed below, the standards will be fully met: CONDITIONS: Provide a plan showing the location of one required ADA parking stalls. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 20 OF 37 ♦ Provide and implement a plan showing wheel stops for the proposed visitor parking area. ♦ Provide a drawing to show the proposed wall mounted bicycle rack that is to be mounted in each of the unit's garages. SIGNS 18.780: ap er 18.780 regulates the placement, number and design criteria for signage. The applicant has indicated that a sign is proposed for the subject site. However, in order to construct a sign, the applicant will be required to apply for a sign permit with Planning Technicians at the front counter in the Tigard Permit Center. FINDING: To ensure compliance and enforcement of sign violations, a sign compliance agreement will be required. CONDITIONS: ♦ Prior to the issuance of building permits, the developer shall sign a copy of the City's sign compliance agreement. ♦ Prior to erecting a sign on the subject site, the applicant must apply for a sign permit with the Planning Technicians at the front counter of the Tigard Permit Center. TREE REMOVAL 18( 790): ~ionn 8.790.03 requires that a tree plan for the planting, removal and protection of trees prepared ba certified arborist shall be provided with a site development review application. They: ee plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The applicant has submitted an arborist report that identifies 19 trees greater than 12-inches in diameter. According to the arborist, one of the trees is considered diseased and is not included in the tree mitigation calculation. The project arborist did not include four trees in the calculation because they are located in the Oak Way right-of-way. However, the Tigard Development Code does not distinguish between trees located on-site or in right-of-way. Therefore, all trees removed for the purposes of development are subject to 18.790 (Tree Removal). The applicant will be required to revise the tree removal and mitigation plan to include trees left out due to dedication of right-of-way. Section 18.790.040 states that any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. The applicant will be required as a condition of approval to record a deed restriction limiting the removal of trees that are retained on the project site following completion of the project improvements, in accordance with this standard. FINDING: Based on the analysis above, the Tree Removal standards will be met, if the applicant complies with the conditions listed below: CONDITIONS: ♦ Revise the tree removal and mitigation plan to include trees left out due to dedication of right-of-way. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 21 OF 37 Prior to commencing site work, the applicant shall submit a cash assurance for the equivalent value of mitigation required. If additional trees are preserved through the site improvements and construction of units, and are properly protected through these stages by the same measures afforded to other protected trees on site, the amount of the cash assurance may be correspondingly reduced. Any trees planted on the site or off site in accordance with 18.790.060 (D) will be credited against the cash assurance, for two years following final occupancy approval. After such time, the applicant shall pay the remaining value of the cash assurance as a fee in lieu of planting. Prior to issuance of building permits, the applicant/owner shall record a deed restriction to the effect that any existing tree greater than 12" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. s Prior to commencing any site work, the applicant shall submit construction drawings that include the approved Tree Removal, Protection and Landscape Plan. The plans shall also include a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. Only those trees identified on the approved Tree Removal plan are authorized for removal by this decision. Prior to commencing any site work, the applicant shall establish fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Forester for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. Prior to the issuance of any Certificates of Occupancy , the applicant shall ensure that the Project Arborist has submitted written reports to the City Forester, at least, once every two weeks, from initial tree protection zone (TPZ) fencing installation, through final home inspection, as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall certify that the construction activities to the trees did not adversely impact the overall, long-term health and stability of the tree(s . If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being followed by the contractor, the City can stop work on the project until an inspection can be done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection fencing, determine if the fencing was moved at any point during construction, and determine if any part of the Tree Protection Plan has been violated. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the location of the trees that were preserved on the lot, location of tree protection fencing, and a signature of approval from the project arborist regarding the placement and construction techniques to be employed in building the house. All proposed protection fencing shall be installed and inspected prior to commencing construction, and shall remain in place through the duration of home building. After approval from the City Forester, the tree protection measures may be removed. NOTICE OF TYPE 11 DECISION SDR2005-00005fOAK STREET CONDOMINIUMS PAGE 22 OF 37 VISUAL CLEARANCE AREAS 0 8.795 Chapter 18.795 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height (8) (trees may be placed within this area provided that all branches below eight (8) feet are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right- of-way and the driveway, and then connecting these two (2), 30-foot distance points with a straight line. The applicant has indicated and shown on the submitted plans that visual clearance areas will be maintained on the corner of SW Oak Street and the associated access drive into the site. Therefore, this standard has been satisfied. FINDING: Based on the analysis above, the vision clearance standards have been met. C. SPECIFIC SITE DEVELOPMENT REVIEW APPROVAL STANDARDS Section through provides additional Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These additional standards are addressed immediately below with the following exceptions: The proposal contains no elements related to the provisions of the following and are, therefore, found to be inapplicable as approval standards: 18.360.090.8 (100-year floodplain); and 18.360.090.9 (Demarcation of Spaces). The following sections are discussed elsewhere in this decision and, therefore, will not be addressed in this section: 18.360.090.3 (Exterior Elevations); 18.360.090.4 (Buffering, Screening and Compatibility Between Adjoining Uses; 18.360.090.13 (Parking); 18.360.090.14 (Landscaping); 18.360.090 (Drainage) and 18.360.090.14 (Provision for the Disabled). Relationship to the Natural and Physical Environment: Buildings shall be: located to preserve existing trees: topography and natural drainage where possible based upon existing site conditions; located in areas not subject to ground slumping or sliding; located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and oriented with consideration for sun and wind Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. Foster Gambee performed a geotechnical assessment of the project area. Their report, dated September 16, 2004 has identified that the site is made up of Aloha Silt Loam, which, "consists primarily of somewhat poorly drained soils that formed in alluvium or lacustrine silt on broad valley terraces." The conclusions of the report indicate that the site is, "suitable from a geologic and geotechnical standpoint for construction of the proposed townhome development." The development will consist of five separate buildings with attached units and they will be adequately spaced with proper pedestrian, air and fir fighting circulation distances. Forty seven percent of the proposed units will be oriented in a north-south direction to maximize southern exposure. The applicant has indicated that as many trees will be saved as possible given the constraints of building in a high density zone. However, the applicant has indicated above under 18.790 (Tree Removal) that all the trees are slated for removal. If the applicant plans on saving trees after site work, the applicant will be required to provide an additional comprehensive arborist report that addresses protection measures for those trees to be saved. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 23 OF 37 Privacy and noise: multi-family or group living uses: 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; the buildings shall be oriented in a manner which protects private spaces on adjoining properties from view and noise; On-site uses which create noise, light, or glare shall be buffered from adjoining residential uses; and buffers shall be placed on the site as necessary to mitigate noise, light or glare from off-site sources. The applicant has proposed a six foot high screening wall for all units within six feet of the property line. The wall will be utilized to minimize noise and provide screening for adjacent neighbors. Other measures proposed for screening include six-foot good neighbor fences and a combination of low lying and vertical shrubbery. The applicant has shown private outdoor areas for all units in the form of balconies, two for each unit that are approximately 60 square feet in size. The outdoor balconies are screened from adjoining units with separation walls. Therefore, this criterion has been satisfied. Private outdoor area: multi-family use: 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 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 required open space may include roofed or enclosed structures such as a recreation center or covered picnic area. Wherever possible, private outdoor open spaces should be oriented toward the sun; and private outdoor spaces shall be screened or designed to provide privacy for the users of the space. As mentioned above, the applicant has proposed two 60 square foot balconies for the proposed units. The proposed balconies are not considered the primary entrance to the units. Therefore, this standard is satisfied. Shared outdoor recreation areas: multi-family use: 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: Studio up to and including two-bedroom units, 200 square feet per unit; and three or more bedroom units, 300 square feet per unit. The required recreation space may be provided as follows: It may be all outdoor space; or It may be part outdoor space and part indoor space; for example, an outdoor tennis court, and indoor recreation room; or It may be all public or common space; or 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 where balconies are added to units, the balconies shall not be less than 48 square feet. Shared outdoor recreation space shall be readily observable to promote crime prevention and safety; The applicant has indicated that the combined outdoor recreation space allocated for this project equals 230 square feet per unit. However, the applicant has not indicated how many studio/two/three bedrooms are being proposed. Therefore, staff cannot determine the amount of outdoor recreation space required. The applicant will be conditioned to provide information regarding the required amount of outdoor recreation space based on the number of bedrooms each unit will have. If an increase is warranted based on this information, the applicant must revise the site plan to allocate for the required increase. Demarcation of public, semi-public and private spaces for crime prevention: The structures and site improvements shall be designed so that 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; and these areas may be defined by, but not limited to: A deck, patio, low wall, hedge, or draping vine; A trellis or arbor; A change in elevation or grade; A change in the texture of the path material; Sign; or Landscaping. NOTICE OF TYPE 11 DECISION SDR2005-00005(OAK STREET CONDOMINIUMS PAGE 24 OF 37 The perimeter of the development has been shown to be enclosed with a six foot landscaped wall and/or a five foot good neighbor wooden fence. The units that front SW Oak Street will be contained within a decorative fence that will be a combination of brick and wrought iron with security gates. The main and secondary entrances to the development have been proposed to include a monument sign that indicates the presence of a private neighborhood. Additionally, each yard will be enclosed within a good neighbor fence to promote privacy and separation for the tenants. Crime Prevention and Safety: ♦ Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; ♦ Interior laundry and service areas shall be located in a way that they can be observed by others; ♦ Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; ♦ The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and ♦ Light fixtures shall be provided 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. The applicant has shown the elevations of the proposed units that indicate windows on the front and rear of all units and windows on all end units. Each unit will have self contained laundry facilities. The proposed mailbox area is centrally located and the applicant has indicated that all areas within the development shall be well lighted. Therefore, the applicant is required to provide a detailed lighting plan to Jim Wolf in the Tigard Police Department for review and approval. Public transit: Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to or within 500 feet of existing or proposed transit route; The requirements for transit facilities shall be based on: The location of other transit facilities in the area; and the size and type of the proposal. The following facilities may be required after City and Tri-Met review: Bus stop shelters; Turnouts for buses; and Connecting paths to the shelters. The project is not adjacent to or within 500 feet of an existing or proposed transit route. Nearest bus route is approximately 850 feet to the northeast of the subject site at the corner of SW Hall Boulevard and SW Locust Street. Therefore, this standard does not apply. Provisions of the Underlying Zone: All of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title, e.g., Planned Developments, Chapter 18.350; or a variance or adjustment granted under Chapter 18.370. Dimensional Requirements: The proposed project complies with all of the provisions and regulations of the underlying zone shall apply unless modified by other sections or this title except for the variances and adjustments requested under Chapter 18.370. FINDING: Based on the analysis above, the Site Development Review standards have not been fully met, however, if the applicant complies with the conditions listed below, the standards will be fully met. CONDITIONS: ♦ If the applicant plans on savin.9 trees after site work, the applicant will be required to provide an additional comprehensive arbonst report that addresses protection measures for those trees to be saved. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 25 OF 37 Provide information regarding the required amount of outdoor recreation space based on the number of bedrooms each unit will have. If an increase is warranted based on this information, the applicant must revise the site plan to allocate for the required increase. Provide a detailed lighting plan to Jim Wolf in the Tigard Police Department for review and approval. D. STREET AND UTILITY IMPROVEMENTS STANDARDS (18.810): 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 18.620.080.A, Tigard Triangle Street and Accessway Standards, requires a Collector street to have a 62 foot right-of-way width and 34-foot paved section. Other improvements required may include on-street parking, 8 foot sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Oak Street, which is classified as a Collector on the Cit of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW required to provide 31 feet from centerline. SW Oak Street is currently partially improved. In order to mitigate the impact from this development, the applicant should construct half-street improvements along the full length of their frontage. The north end of the sight lies adjacent to Oak Way, which is considered a public alley way. At present, there is approximately 14.8 feet of ROW, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide a total of 20 feet of ROW along their north property line. Oak Way is currently unimproved. In order to mitigate the impact from this development and to provide adequate emergency vehicle access, the applicant shall pave the 20 feet of ROW, to public street standards, along their north property line. The applicant shall also provide a 14.8 foot wide gravel surface, cappable of supporting a 75,000 pound live load, from their north east property corner to SW 87 Avenue. Future Street Plan and Extension of Streets: Section 18.810.030.E states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be develope~ and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length. The applicant has proposed the construction of a private street to serve this development. While the existing, surrounding development does not lend itself to future street extensions in this area, there is a secondary access on the north side that is within public ROW. The applicant is required to improve this access to support emergency vehicles. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 26 OF 37 Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. The pattern of existing and potential development precludes the construction of a full public street along the north side of this property. The private street will connect to the public ROW known as Oak Way. Oak Way provides secondary, emergency access to all properties adjacent to it. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on an'r other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. The grades on Oak Street and the private street are substantially less than 12%, thereby meeting this criterion. Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a development abuts or is traversed by an existing or proposed arterial or major collector street, the development design shall provide adequate protection or residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: A parallel access street along the arterial or major collector; Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; Screen planting at the rear or side property line to be contained in a non- access reservation along the arterial or major collector; or Other treatment suitable to meet the objectives of this subsection; If a lot has access to two streets with different classifications, primary access should be from the lower classification street. This development has its main access proposed onto Oak Street, which is classified as a Collector. The secondary access to Oak Way does not have adequate ROW to provide a full street improvement for primary access. No lots shall have direct access onto Oak Street, thereby establishing one access onto Oak Street for this development. Private Streets: Section 18.810.030.T states that design standards for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. NOTICE OF TYPE II DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 27 OF 37 The applicant has proposed that this development be served by private streets. The applicant's plans indicate the streets will be a 24 feet wide paved section. This meets the minimum required paved width. The applicant shall place a statement in the CC&R's indicating, the private street(s) will be owned and maintained by the properties that will be served by it/them. These CC s shall be reviewed and approved by the City. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.13.1 states that the perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the right-of-way line except: Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. For non-residential blocks in which internal public circulation provides equivalent access. The applicant is first proposing a future block created from the on-site public access easement 8A Avenue. runs north/south through the development, SW Oak Street, SW Oak Way and SW 87 Avenue. Although SW Oak Way is not fully improved, it is anticipated that this alley will be improved as redevelopment of adjacent parcels occurs. A second block will be created from the on-site public access easement that runs north/south through the development, SW Oak Street, SW Oak Way and SW 90"' Avenue. The first block created is approximately 1,356 feet in length; the second block formed is approximately 1,950 feet in length. The proposed blocks do not exceed the maximum 2,000 feet. Therefore, this standard is satisfied. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. The applicant has shown full street connection to SW Oak Street and SW Oak Way. The proposed access to the subject site is shown to have a "T" intersection that provides access to units one through twenty two, which stubs to the west for future development. Therefore, no section of the proposed access is greater than 250 feet. No additional bicycle or pedestrian connection other than the proposed sidewalks within the development is required. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. The average lot width of the combined subject parcels is 228 feet. The depth of the subject parcels is 283 feet. Therefore, the lot depth is not more than 2.5 times the average lot width. This criterion is satisfied. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. The subject parcels have 273 feet of frontage on SW Oak Street and 174 feet on to SW Oak Way. Therefore, this standard is satisfied. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 28 OF 37 Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. The applicant's plans indicate the construction of sidewalk along the Oak Street frontage and along at least one side of the private streets, thereby meeting this criterion. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is a public sewer located in Oak Street. The applicant's plans show the extension of a public sewer line to serve this development. The applicant's plat shall provide a public utility easement over the entirety of the private street tract. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.C states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). The topography in this area slopes downward from northwest to southeast. There are lots to the northwest of this project with development potential. The applicant's plans shall be revised to show the storm line in the north-south private street to be extended to the north property line to serve upstream properties. The plans shall also be revised to provide adequate capacity in the storm line along the north side of lots 9-16 to serve upstream properties. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 29 OF 37 The applicant's plans indicate they will provide underground detention pipes for stormwater, thereby meeting this criterion. The on-site detention system will be privately owned and maintained by the home owners association. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. Oak Street is a designated bicycle facility. Cost of Construction: Section 18.810.110.B 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. While it is the developer's responsibility to provide for the bike lane, it would not make sense to place the bike facility markings at this time. It is however, reasonable for the developer to pay a fee in-lieu of striping. The amount of the striping would be as follows: 274 feet of 8-inch white stripe, at $2.50/If $ 685.00 7 Mono-directional reflective markers @ $4.00/ea $ 28.00 2 Bike lane legends @ $175/ea $ 350.00 2 Directional mini-arrows (a) 100/ea 200.00 3.00 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 We 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 Eye constructed prior to the surfacing of the streets- and Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.C states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval auhority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under- grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are existing overhead utility lines along the frontage of SW Oak Street. The City Engineer expects developers to place the utilities underground. The fee in-lieu is allowed in special cases and must be requested in writing to the City Engineer. If the fee in-lieu is allowed, it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 386.11 lineal feet; therefore the fee would be $13,513.85. NOTICE OF TYPE 11 DECISION SDR2005-0000510AK STREET CONDOMINIUMS PAGE 30 OF 37 ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENTSTANDARDS: Public Water _S stem: u1 al-a- in Valley Water District provides service in this area. The applicant has submitted a letter for TVWD that confirms service is available. The applicant is responsible to submit plans to TVWD for review, approval and permits. The permit from TVWD must be issued prior to issuance of the PFI permit. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted b~ 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 all impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit final plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. The proposed unit from Stormwater Management is acceptable, provided the property owner agrees to hire the manufacturer (or approved equal) to provide the required maintenance of the unit. Prior to a final building inspection, the applicant shall demonstrate that they have entered into a maintenance agreement with Stormwater Management, or another company that demonstrates they can meet the maintenance requirements of the manufacturer. Grading and Erosion Control: GWS Design an Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over one acre, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward ad.acent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. An NPDES 1200-C permit is required because the site disturbance exceeds one acre. The applicant must submit the application and plans to the City for review. The City will then forward the plans to CWS for approval. Address Assi nments: The r y o igar is responsible for assi ning addresses for parcels within the City of Tigard and within the Urban Service Boundary USB). An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of building permits. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 31 OF 37 The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. V. IMPACT STUDY (18.390): SectionT87.39U.M0 states, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application:" Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the rojected impacts of the development. Section 18.390.040 states that when a con di ion of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has provided an impact study addressing the proj'ect's impacts on public systems which can be found in the land-use file under the tab, "Impact Statement". Any required street improvements to certain collector or higher volume streets and the Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. The applicant will be required to pay TIF's of approximately $71,250 based on the proposed multi-family use. Based on the estimate that total TIF fees cover 32 percent of the impact, on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $222,656 (71,250 divided by .32). The difference between the TIF paid, and the full impact, is considered the unmitigated impact on the street system. The unmitigated impact of this project on the transportation system is $215,406. Thus, required improvements meet the rough proportionality test. SECTION VII. OTHER STAFF COMMENTS City of Tigard Police Department has reviewed the proposal and has provided the following comments: Request detail of lighting plan be submitted to Police Department prior to approval of proposed development. City of Tigard Public Works Department has reviewed the proposal and has no objections to it. City of Tigard Building Department has reviewed the proposal and offered the following comments: 1. Property lines that run through buildings shall be abandoned by consolidating the two properties. 2. Easements are required for all common private utilities. 3. Buildings shall comply with Oregon Residential Code for "Townhouse" or shall be considered apartments. NOTICE OF TYPE 11 DECISION SDR2005-0000510AK STREET CONDOMINIUMS PAGE 32 OF 37 City of Tigard Urban Forester has reviewed the proposal and has provided the following comments: LANDSCAPING AND SCREENING 18.745.030.0 Installation Requirements The installation of all landscaping shall be as 0 ows : All landscaping shall be installed according to accepted planting procedures. The plant material shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and any other future revisions); and landscaping shall be installed in accordance with the provisions of this title. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10 edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soll amendments and modif ications. In order to develop tree species diversity onsite it is recommended that the following guidelines be followed: No more than 30% of any one family be planted onsite. No more than 20% of any one genus be planted onsite. No more than 10% of any one species be planted onsite. 18.745.030.E Protection of Existing Landscaping, Existing vegetation on a site shall e -protected as much as possible: The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and the plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees). See comments under "Tree Removal". 18.745.030.E Conditions of royal of Existin Ve etation. The review procedures an s an ar s or require Aan scaping an screening s all be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. See recommended conditions of approval at the end of this memorandum. 18.745.040 Street Trees ----Protection o existing vegetation. All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.C. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10 edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. In order to develop tree species diversity onsite it is recommended that the following guidelines be followed: No more than 30% of any one family be planted onsite. No more than 20% of any one genus be planted onsite. No more than 10% of any one species be planted onsite. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 33 OF 37 2. TREE REMOVAL 18.790.030, Tree Plan Requirement A. Tree plan rewired. A tree plan for the planting, removal and protection of reel prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in calipper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; C. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. 3. Identification of all trees which are proposed to be removed; 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. As required, the applicant submitted a tree plan that was conducted by a certified arborist, Terry Flanagan. The report contains the four required components, and, is therefore, acceptable. I suggest planting native species of trees as street trees such as bigleaf maple, cascara or Oregon white oak. Properly sized oaks can be found at River Oak Farm & Nursery. Call Diane at 503-357-2745. The species of street tree used in this development is not listed. The species must be approved before the trees can be planted. The applicant has not submitted a final tree mitigation plan. We should receive a copy of the mitigation plan and approve it before any tree mitigation is done. It appears that there are several trees on neighboring properties that may be disturbed by this construction project. Any tree that is located on property adjacent to the construction project that will have more than 15% of its root system disturbedby construction activities shall also be protected according to the project arborist's specifications for tree protection fencing. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 34 OF 37 Below are my suggestions for the applicant to follow for tree protection guidelines: Prior to any site work, a Tree Protection Plan shall be included with the proposed construction drawings conforming to the International Society of Arboriculture (ISA) guidelines for review and approval by the City Forester. All tree protection devices, along with their details and specifications, shall be shown on the Tree Protection Plan. This plan shall also include the building footprints shown in relation to the trees being preserved. Any tree that will not be removed onsite that is within the limits of disturbance of this project must be protected. Any tree that is located on property adjacent to the construction project that will have more than 15% of its root system disturbed by construction activities shall also be protected. Prior to any site work, the applicant shall submit a detailed construction schedule to the City Forester with notations as to when tree protection devices will be installed and removed throughout construction of the project. A note shall be placed on the final set of plans indicating that equipment, vehicles, machinery, grading, dumping, storage, burial of debris, or any other construction-related activities shall not be located inside of any tree protection zone or outside of the limits of disturbance where other trees are being protected. All tree protection devices shall be: Visible. Constructed of 11 Gauge steel chain-link fencing supported on at least 2 " O.D. steel posts. Each post shall be no less than four feet high from the top of grade. Each post shall be driven into the ground to a depth of no less than two and a half feet below grade. Each post shall be spaced no further apart than four feet. • Between each post, securely attached to the chain-link fencing, shall be a sign indicating that the area behind the fencing is protected and no construction activity, including material storage, may occur behind the fencing. Inspected and approved in the field by the project arborist and City Forester prior to clearing, grading, or the beginning of construction. Remain in place and maintained until all construction is completed and a final inspection is conducted. To determine the size of the tree protection zone (TPZ) the project arborist should follow the guidelines listed below: For individual trees follow the trunk diameter method. For every one-inch of diameter at breast height (DBH), or 4 '/2 feet above the ground, allow 12 inches of space from the trunk of the tree. For example, a tree that is 15" at DBH must have at least 15' of tree protection zone around the entire canopy of the tree. For groups of trees the tree protection zone must be outside of the drip line of the trees on the edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the trunk diameter method or the drip line method, whichever is greater. Calculate and follow the Optimal Tree Protection Zone calculation as shown in "Trees and Development: A Technical Guide to Preservation of Trees During Land Development" by Nelda Matheny and James R. Clark. The project arborist may propose an alternate method for the establishment of the TPZ, provided the effort is coordinated with the City Forester. If it is necessary to enter the tree protection zone at any time with equipment (trucks, bulldozers, etc.) the project arborist and City Forester must be notified before any entry occurs. Before entering the TPZ, the project arborist and City Forester shall determine the method by which entry can occur, along with any additional tree protection measures. Prior to the issuance of any Certificates of Occupancy, the Project Arborist shall submit a final certification indicating the elements of the Tree Protection Plan were followed throughout the entirety of the project, and that all remaining trees on the site are healthy, stable and viable in their modified growing environment. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 35 OF 37 RECOMMENDED CONDITIONS OF APPROVAL: 1. Prior to commencing site work, the applicant shall submit a cash assurance for the equivalent value of tree mitigation required. If additional trees are preserved through the site improvements and construction of houses, and are properly protected through these stagges by the same measures afforded to other protected trees on site, the amount of the cash assurance may be correspondingly reduced. Any trees planted on the site or off site in accordance with 18.790.060 (D) will be credited against the cash assurance, for two years following final occupancy approval. After such time, the applicant shall pay the remaining value of the cash assurance as a fee in lieu of planting. 2. Prior to issuance of building permits, the applicant/owner shall record a deed restriction to the effect that any existing tree greater than 12" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. 3. Prior to commencing any site work, the applicant shall submit construction drawings that include the approved Tree Removal, Protection and Landscape Plan. The plans shall also include a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. Only those trees identified on the approved Tree Removal plan are authorized for removal by this decision. 4. Prior to commencing any site work, the applicant shall establish fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Forester for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 5. Prior to the issuance of any Certificates of Occupancy , the applicant shall ensure that the Project Arborist has submitted written reports to the City Forester, at least, once every two weeks, from initial tree protection zone (TPZ) fencing installation, through site work, as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall certify that the construction activities to the trees did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being followed by the contractor, the City can stop work on the project until an inspection can be done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection fencing, determine if the fencing was moved at any point during construction, and determine if any part of the Tree Protection Plan has been violated. 6. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the location of the trees that were preserved on the lot, location of tree protection fencing, and a signature of approval from the pT ect arborist regarding the placement and construction techniques to be employed in building the house. All proposed protection fencing shall be installed and inspected prior to commencing construction, and shall remain in place through the duration of home building. After approval from the City Forester, the tree protection measures may be removed. SECTION VIII. AGENCY COMMENTS Tualatin Valley Water District has reviewed the proposal and has offered the following comments: A six inch DCDA (TVWD DET BF100) will be required following the six inch meter shown on the drawings. NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 36 OF 37 SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners ---X- Owner of record within the required distance -X- Affected government agencies Final Decision: THIS DECISION IS FINAL ON DECEMBER 16, 2005 AND BECOMES EFFECTIVE ON JANUARY 4, 2006 UNLESS AN APPEAL IS FILED. Appeal: The cision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.6.1. may appeal this decision in accordance with Section 18.390.040.G.2. Of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of 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 parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON JANUARY 3, 2006. Questions: I yob u have any questions, lease call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. December 16, 2005 APPROVED Ma ew Soh idegger DATE s ociate anner I:\cu rp I n\math ew\sd r\S D R2005-00005.dec.dot NOTICE OF TYPE 11 DECISION SDR2005-00005/OAK STREET CONDOMINIUMS PAGE 37 OF 37 GEOGRAPHIC INF GRM AT1013 SYSTEM ST a ° M1CIAgl' NIA' a ° ° SpR2p05-oo005 V AR2005-Op47 3 r rrr LOCUST ST OAK STREET CONDOMINIUMS m uj TA ORSFERR MAPLELEAF ST u MA nn RG FE¢R; 1.60NrfA C SU41 `MTV ~ Q~ { 9U AM z RA BEEF eENC RD 00 dT Tigard Area Map g ST 300 400 Feet ~~1~ -r--'2g3 feet City of `l'igard nly PINE ST is for general location o and Services Division. information on this map Development be should be verified a'+t.125 SW Hall BVvd 7igartl, 4R 97223 (503) 639-4171 http~o~ tigard.ocus Plot date 0 ct 28, 2005; C:\magic\01003AP TAX LOT 1200 4 OF OAKWAY STREET, A 20'-O" UNIMPROVED EMERGENCY ONLY R.O.W. e 131.91' _ OAK WAY DEDICATION - - --.1 000 DD CITY REQUIRED 6'-O" O 05616LE 51DEWALK W/ CURB = g VIED THE o III 31 % i'\ - i ~ ( a D uNrE'x r J uN ~1" Hcp~ CITY APPROVED FIRE ° r HYDRANT, TYP. 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