SUB2004-00001 Decision - VALLEY VIEW SUBDIVISION
NOME OF TYPE II DECISION
"URBAN SERVICE AREA"
SUBDIVISION (SUB) ZOO4MM1 CITY OF TIGARD
SUBDIVISION
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120 DAYS = 7/16/2004
(Includes a 30-day extension)
SECTION I. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: VALLEY VIEW SUBDIVISION
CASE NOS.: Subdivision (SUB) SUB2004-00001
Sensitive Lands Review (SLR) SLR2004-00005
Adjustment VAR VAR2004-00004
Adjustment VAR VAR2004-00005
REQUEST: The applicant is requesting Subdivision approval for 25, single-family detached
lots. Also requested is an Adjustment to exceed the maximum allowable cul-de-
sac length, an Adjustment to exceed the maximum lots allowed to access a cul-
de-sac, and Sensitive Lands Review for slopes greater than 25 percent.
OWNER: James Jong-Ming Tseng APPLICANT: Abney Revard, Inc.
3181 Wembley Park Road 9375 SW Commerce Circle #7
Wilsonville, OR 97034 Wilsonville, OR 97070
APPLICANT'S Western Planning Associates, Inc.
REP.: Attn: William Horning
4621 SW Kelly Avenue
Portland, OR 97239
COMPREHENSIVE
PLAN
DESIGNATION: R-7; Single-Family, Medium-Density Residential.
ZONE: R-7 Medium Densit Residential. The R-7 zoning district is designed to
accommodate attached single- arr y homes, detached single-family homes with or
without accessory residential units, at a minimum lot size of 5,000 square feet, and
duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and
subdivisions are also permitted outright. Some civic and institutional uses are also
permitted conditionally.
LOCATION: 15740 SW 150th Avenue; WCTM 2S108DD, Tax Lot 200.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.430, 18.510, 18.705,
18.715, 18.725, 18.730, 18.745, 18.765, 18.775, 18.780, 18.790, 18.795 and
18.810; and the Bull Mountain Community Plan.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions of approval. The findings and conclusions
on which the decision is based are noted in Section VI of this Decision.
NOTICE OF DECISION PAGE 1 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
CONDITIONS OF APPROVAL
PRIOR TO COMMENCING ANY ON-SITE IMPROVEMENTS, INCLUDING CLEARING, GRADING,
EXCAVATION, AND/OR FILL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
Submit to the Planning Department (Mathew c ei egger, 639-4171, ex t. or review an
approval:
1. Prior to commencing site work, a combination utility/tree protection plan shall be incorporated as
a supplement to the PFI permit plans to ensure minimization of utility lines and street
improvements within the specified tree protection zone (TPZ).
2. Prior to commencing on-site improvements, the applicant shall submit a final Tree Protection Plan
to the City Forester for review and approval that shows exactly how far the tree protection fencing
will be from the face of each protected tree that will be impacted by construction activities within
its dripline. The applicant, through their Project Arborist, shall justify the close proximity of the
construction activities to the trees, and certify that the activities will not adversely impact the
overall and long-term health and stability of each tree. Once approved, tree protection
measures must be installed for all trees to be retained. Once installed, the City Forester must
inspect the tree protection measures.
3. The applicant shall acknowledge in writing that the development code provides for the
following penalties if the trees on-site are damaged or removed without approval:
Notwithstanding any other provision of this title, any party found to be in violation of this chapter
pursuant to Chapter 1.16 of the Tigard Municipal Code shall be subject to a civil penalty of up to
$500 and shall be required to remedy any damage caused by the violation. Such remediation
shall include, but not be limited to, the following:
A. Replacement of unlawfully removed or damaged trees in accordance with Section
18.790.060 (D) of the Tigard Development Code; and
B. Payment of an additional civil penalty representing the estimated value of any unlawfully
removed or damaged tree, as determined using the most current International Society of
Arboriculture's Guide for Plant Appraisal.
4. Provide and implement a landscaping plan that provides plant types and procedures for
revegetation.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
5. Prior to commencing onsite improvements, A Public Facility Improvement (PFI) permit is
required for this project to cover the subdivision improvements and any other work in the public
right-of-way (ROW). Eight &paqment. sets of detailed public improvement plans shall be submitted for
review to the Engineering NOTE: these plans are in addition to any drawings
required by the Building Division and should only include sheets relevant to public
improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard
Public Improvement Design Standards, which are available at City Hall and the City's web
page (www.ci.tigard.or.us).
6. 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.
NOTICE OF DECISION PAGE 2 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
7. The applicant shall provide a construction vehicle access and parking plan for approval by the
City Engineer. The purpose of this plan is for parking and traffic control during the public
improvement construction phase. All construction vehicle parking shall be provided on-site.
No construction vehicles or equipment will be permitted to park on the adjoining residential
public streets. Construction vehicles include the vehicles of any contractor or subcontractor
involved in the construction of site improvements or buildings proposed by this application, and
shall include the vehicles of all suppliers and employees associated with the project.
8. Additional right-of-way shall be dedicated to the Public along the frontage of 150th Avenue to
increase the right-of-way to 35 feet from the centerline. The description shall be tied to the
existing right-of-way centerline. The dedication document shall be on City forms. Instructions
are available from the Engineering Department.
9. 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 SW 150th Avenue. The improvements adjacent to this site
shall include:
A. City standard pavement section for a Collector street from curb to centerline equal to 23
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. 6 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 150t" Avenue in a safe
manner, as approved by the Engineering Department. Vertical grades shall not exceed
15% for more than 250 feet.
10. The applicant's Public Facility Improvement permit construction drawings shall indicate that full
width street improvements, including traffic control devices, mailbox clusters, concrete
sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm
drainage, street trees, streetlights, and underground utilities shall be installed within the interior
subdivision streets. Improvements shall be designed and constructed to local street
standards.
11. The applicant's Public Facility Improvement permit construction drawings shall indicate planter
strips along both sides of the proposed public street, including the full length of the cul-de-sac.
12. A profile of 150th Avenue and Huntwood Way shall be required, extending 300 feet either side
of the subject site showing the existing grade and proposed future grade.
13. The applicant shall obtain a facility permit from the Department of Land Use and
Transportation of Washington County, to perform work within the right-of-way of 150th Avenue.
A copy shall be provided to the City Engineering Department prior to issuance of a Public
Facility Improvement (PFI) permit.
14. No lots shall not be permitted to access directly onto SW 150th Avenue.
15. The applicant's construction drawings shall show that the pavement and rock section for the
proposed private street(s) shall meet the City's public street standard for a local residential
street.
NOTICE OF DECISION PAGE 3 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
16. The construction plans shall show that any segments of public sanitary or storm sewer lines to
be located in non-paved areas will be constructed of PVC C-900 or ductile iron pipe materials.
17. The applicant must obtain approval from Clean Water Services (CWS) and the City for the
proposed public sanitary and storm sewer plan for this development.
18. Any extension of public water lines shall be shown on the proposed Public Facility
Improvement (PFI) permit construction drawings and shall be reviewed and approved by the
City's Water Department, as a part of the Engineering Department plan review. NOTE: An
estimated 12% of the water system costs must be on deposit with the Water Department prior
to approval of the PFI permit plans from the Engineering Department and construction of public
water lines.
19. The applicant's PFI plans shall include the following as required by the Water Department. 1)
Water lines shall be located on the south side of the proposed road, 2) No public water lines
will be allowed on private streets and the meters for homes on private streets must be banked
at the public street, 3) Relocate the existing meter on 150th Avenue to a location inside the
development, 4) Relocate the existing fire hydrant on 150th Avenue to behind the new
sidewalk, 5) Coordinate with the Water Department for continued access to and monitoring of
the existing well on site, 6) Provide air release valves at high points in the water line.
20. The plans for the public water quality and quantity facilities shall be reviewed and approved by
the City and CWS prior to construction.
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 Control
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 of lots 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 incorporate the recommendations from the submitted geotechnical report
by Redmond & Associates, dated August 18, 2003, into the final grading plan. The
geotechnical engineer shall be employed by the applicant throughout the entire construction
period to ensure that all grading, including cuts and fills, are constructed in accordance with
the approved plan and Appendix Chapter 33 of the Uniform Building Code (UBC). A final
construction supervision report shall be filed with the Engineering (Building?) Department prior
to issuance of building permits (occupancy permit?).
24. The design engineer shall indicate, on the grading plan, which lots will have natural slopes
between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This
information will be necessary in determining if special grading inspections and/or permits will
be necessary when the lots develop.
25. The final construction plans shall be signed by the geotechnical engineer to ensure that they
have reviewed and approved the plans. The geotechnical engineer shall also sign the as-built
grading plan at the end of the project.
26. 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.
NOTICE OF DECISION PAGE 4 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
THE FOLLOWING CONDITION SHALL BE COMPLIED WITH AT ALL TIMES:
27. The property owner/applicant and their assigns are responsible for complying with the
following requirement: The Project Arborist shall inspect the site at a minimum of every two
weeks, and at any time when intrusions into the TPZ are required. The project arborist shall
submit written reports to the City Forester a minimum of once every two weeks, as he monitors
the construction activities and progress. These reports shall include any changes that may
have occurred to the TPZ as well as indicate the condition and location of the tree protection
fencing. If the amount of TPZ was reduced, then the Project Arborist shall justify why the
fencing was moved, and shall certify that the construction activities to the trees did not
adversely impact the overall and long-term health and stability of the tree(s). If the reports are
not submitted or received by the City Forester at the scheduled intervals, and if it appears the
TPZ's or the Tree Protection Plan is not being followed by the contractor, the City can stop
work on the project until an inspection can be done by the City Forester and the Project
Arborist and appropriate remedies can be imposed, if necessary. 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.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
Submit tote Planning Department (Mathew c ei egger, 639-4171, ext. or review an
approval:
28. Prior to final plat approval, the applicant will provide evidence that all of Tualatin Valley Fire
and Rescue's concerns and conditions have been addressed and agreed to.
29. Prior to final plat approval, the applicant shall sign a consent to annex when the City boundary
borders the subject properties as well as a waiver of time period. This shall additionally be
incorporated by reference into the deeds of all lots within the subdivision.
30. Provide a plat name reservation approval from Washington County prior to final plat approval.
31. Record deed restrictions for all trees to remain located on the proposed parcels.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
32. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of
$1,450.00. (STAFF CONTACT: Shirley Treat, Engineering).
33. 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.
34. A joint use and maintenance agreement statement shall be placed on the final plat for all
common driveways. The agreement shall be referenced on and become part of all applicable
parcel Deeds. The agreement shall be approved by the Engineering Department prior to
recording. This item pertains to Lots 24 & 25. The driveway for Lot 25 must meet the
standards of Section 18.810.030.H.2.
35. The applicant shall cause a statement to be placed on the final plat to indicate that the
ntly owned and maintained by the private property owners
proposed private street(s) will be Nem).
who abut and take access from it 36. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and
Restrictions (CC&R's) for this project to be recorded with the final plat that clearly lays out a
maintenance plan and agreement for the proposed private street(s). The CC&R's shall
obligate the private property owners within the subdivision to create a homeowner's
association to ensure regulation of maintenance for the street(s). The applicant shall submit a
copy of the CC&R's to the Engineering Department (Kim McMillan) prior to approval of the final
plat.
NOTICE OF DECISION PAGE 5 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
37. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and
incorporated a homeowner's association.
38. Prior to final plat approval, the applicant shall pay $1103.00 to the City for the striping of the
bike lane along the frontage of SW 150th Avenue.
39. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact
Planning/Engineering Permit Technicians, at 503) 639-4171, ext. 2421).
C. The final plat and data or narrative shall be drawn to the minimum standards set forth by
the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
D. The right-of-way dedication for 150th Avenue shall be made on the final plat.
E. NOTE Washington County will not begin their review of the final plat until they receive
notice from the Engineering Department indicating that the City has reviewed the final plat
and submitted comments to the applicant's surveyor.
F. After the City and County have reviewed the final plat, submit three mylar copies of the
final plat for City Engineer signature (for partitions), or City Engineer and Community
Development Director signatures (for subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
Submit tote Planning Department (Mathew c ei egger, 639-4171, ext. or review an
approval:
40. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign
compliance agreement.
41. Prior to issuance of building permits the Project Arborist shall submit to the City Forester a final
certification indicating the elements of the Tree Protection Plan were followed and that all
remaining trees on the site are healthy, stable and viable in their modified growing
environment.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
42. Prior to issuance of building permits, the applicant shall provide the Engineering Department
with a "photomylar" copy of the recorded final plat.
43. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the
public improvements substantially complete. Substantial completion shall be when: 1) all
utilities are installed and inspected for compliance, including franchise utilities, 2) all local
residential streets have at least one lift of asphalt, 3) any off-site street and/or utility
improvements are substantially completed, and 4) all street lights are installed and ready to be
energized. (NOTE: the City apart from this condition, and in accordance with the City's model
home policy may issue model home permits).
44. Prior to issuance of building permits, the applicant shall provide the City with as-built drawings
of the public improvement as follows: 1)p3 mil mylar, 2) a diskette ofthe as-builts in "DWG"
format, if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be
tied to the City's GPS network. The applicant's engineer shall provide the City with an
electronic file with points for each structure (manholes, catch basins, water valves, hydrants
and other water system features) in the development, and their respective X and Y State Plane
Coordinates, referenced to NAD 83 (91).
NOTICE OF DECISION PAGE 6 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
45. The applicant shall either place the existing overhead utility lines along SW 150th Avenue
underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The
fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be
$35.00 per lineal foot. If the fee option is chosen, the amount will be $11,725.00 and it shall be
paid prior to issuance of building permits.
46. Prior to issuance of building permits, the applicant's geotechnical engineer shall submit a final
report to the Building Division that indicates all grading work on this site was inspected by said
geotechnical engineer, and that it was completed in accordance with Appendix Chapter 33 of
the Uniform Building Code. The geotechnical engineer shall also sign the as-built grading
plan, certifying that the as-built grades conform to his recommendations and the approved
plans.
IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS
OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST:
18.430.080 Improvement Agreement.
e ore City approva is ce Ile on e final plat, and before approved construction plans are issued by
the City, the Subdivider shall:
1. Execute and file an agreement with the City Engineer specifying the period within which all
required improvements and repairs shall be completed; and
2. Include in the agreement provisions that if such work is not completed within the period specified,
the City may complete the work and recover the full cost and expenses from the subdivider.
The agreement shall stipulate improvement fees and deposits as may be required to be paid and may
also provide for the construction of the improvements in stages and for the extension of time under
specific conditions therein stated in the contract.
18.430.090 Bond:
As require y ection 18.430.080, the subdivider shall file with the agreement an assurance of
performance supported by one of the following:
1. An irrevocable letter of credit executed by a financial institution authorized to transact business in
the State of Oregon;
2. A surety bond executed by a surety company authorized to transact business in the State of
Oregon which remains in force until the surety company is notified by the City in writing that it
may be terminated; or
3. Cash.
The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a
registered civil engineer, to assist the City Engineer in calculating the amount of the performance
assurance.
The subdivider shall not cause termination of nor allow expiration of said guarantee without having first
secured written authorization from the City.
18.430.100 Filin and Recordin :
Within 60 days o the City review and approval, the applicant shall submit the final plat to the County for
signatures of County officials as required by ORS Chapter 92.
Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded
final plat.
18.430.070 Final Plat Application Submission Re uirements:
ree copies o e subdivision p a prepare by a an surveyor licensed to practice in Oregon, and
necessary data or narrative.
The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the
Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
NOTICE OF DECISION PAGE 7 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS:
Centerline Monumentation
In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and
roadway rights-of-way shall be monumented before the City accepts a street improvement.
The following centerline monuments shall be set:
1. All centerline-centerline intersection points;
2. All cul-de-sac center points; and
3. Curve points, beginning and ending points (PC's and PT's).
All centerline monuments shall be set during the first lift of pavement.
Monument Boxes Required
Monument boxes conforming to City standards will be required around all centerline intersection points,
cul-de-sac center points, and curve points.
The tops of all monument boxes shall be set to finished pavement grade.
18.810 Street & Utility Improvement Standards:
18.810.120 Utilities
All u I I y lines including, but not limited to, those required for electric, communication, lighting and cable
television services and related facilities shall be placed underground, except for surface-mounted
transformers, surface-mounted connection boxes, and meter cabinets which may be placed above
ground, temporary utility service facilities during construction, high capacity electric lines operating at
50,000 volts or above.
18.810.130 Cash or Bond Required
improvements installed by the subdivider shall be guaranteed as to workmanship and material for a
period of one year following acceptance by the City.
Such guarantee shall be secured by cash deposit or bond in the amount of the value of the
improvements as set by the City Engineer.
The cash or bond shall comply with the terms and conditions of Section 18.810.180.
18.810.150 Installation Prerequisite
No an division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs,
lighting or other requirements shall be undertaken except after the plans therefore have been approved
by the City, permit fee paid and permit issued.
18.810.180 Notice to City Required
or shall not begin until the City as been notified in advance.
If work is discontinued for any reason, it shall not be resumed until the City is notified.
18.810.200 Engineer's Certification
TF_e an divider's engineer s a provide written certification of a form provided by the City that all
improvements, workmanship and materials are in accord with current and standard engineering and
construction practices, and are of high grade, prior to the City acceptance of the subdivision's
improvements or any portion thereof for operation and maintenance.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
NOTICE OF DECISION PAGE 8 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
SECTION III. BACKGROUND INFORMATION
Site Histor :
searc o city records indicates that the subject parcel does not have any previous land use cases
on file. The subject parcel is outside the current city limits and is within the Urban Services Area, and
is therefore under the City of Tigard's planning review.
Site Information and Pro osal Descri ti n:
request or Subdivision approval to create 25, detached single-family lots ranging in size between
5,000 and 12,659 square feet on an approximately 4.91 acre site. Applications for variances to
cul-de-sac length and the number of units allowed off of a cul-de-sac from 20 to 25 units) and
Sensitive Lands Review have been made.
Vicinity Information:
e propose development lies within unincorporated Washington County between SW Bull Mountain
Road and SW Beef Bend Road and is accessed from SW 1500`` Avenue. No other access points are
available to the site due to previous construction surrounding the subject property. The northeast and
west sides of the property are abutted by platted lots of other subdivisions and the Tigard Water District
site for a future reservoir. The entire area is zoned R-7.
SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET
The City mailed notice to property owners within 500 feet of the subject site. Letters were received
from the following people:
William B. White, Pete Shumway, Eric E Hutchinson and Robert Heaston
The letters raise the following issues:
Will the allowance of the cul-de-sac to exceed the maximum cul-de-sac length and the
additional houses off of the cul-de-sac hinder fire truck access?
Staff Response: Tualatin Valley Fire and Rescue (TVF&R) has reviewed the proposal and has
offered comments addressed later in this report (Section VIII. Agency
Comments). One of the conditions that TVFR has required is, "The entire area of
the cul-de-sac and the hammer-head shall be designated as fire lanes and shall
be posted "No Parking" as per the City of Tigard's engineering standards."
Allowing the proposed number of lots into this small area is not compatible with the immediate
surrounding areas. The developer should be held to the maximum allowable 20 lots per
cul-de-sac.
Staff Response: According to allowable density for the site (addressed under Chapter 18:715
Density Computations and Limitations) the minimum density for the subject site is
25 units. Due to surrounding development, no other access points are available
to the site. Therefore, a cul-de-sac is the most reasonable way to access the site
and meet minimum density at the same time. The requested variances are
addressed in further detail under Chapter 18.370 (Variances and Adjustments).
This application assumes more trees must/will be removed. I see no effort being made to
strive to retain what trees remain. Evidence of this can be seen in the quote about
anticipating trying to save 80% of the existing trees. Removal should be the option of last
resort, not the first choice. What proactive steps are being taken to mitigate against any
further removal?
NOTICE OF DECISION PAGE 9 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
Staff Response: The applicant is allowed to remove additional trees on the subject site. The
Tigard Development Code does require mitigation for trees greater than 12
inches diameter when someone is removing 25% or more. The applicant is
preserving 95% of the trees left over after forest deferral cutting over 12 inches.
Tree protection measures for trees to remain have been proposed and conditions
of approval for tree protection and removal have been imposed. Tree removal
and protection is addressed in further detail within the body of this decision under
Chapter 18.790 (Tree Removal). Prohibiting additional tree removal would
create lots that could not be built on and as a result, the minimum density would
not be met.
SECTION V. SUMMARY OF APPLICABLE CRITERIA
A summary of the applicable criteria in this case in the Chapter order in which they are addressed in
this decision are as follows:
A. Subdivision
18.430
B. Applicable Development Code Sections
18.370 (variances an bus men s
18.510 Residential zoning districts)
18.705 Access, Egress and Circulation)
18.715 (Density)
18.730 Exceptions to Development Standards)
18.745 Landscaping and screening)
18.765 Off-street parking and loading requirements)
18.775 Sensitive Lands)
18.790 Tree removal)
18.795 Vision clearance)
C. Street and Utility Im rovement
18.810 (Street an Utility improvement Standards)
D. Decision Makin Procedures
MUUTFmpact Study)
E. Bull Mountain Community Plan
The proposal contains no elements related to the provisions of these Specific Development Standard
Code Chapters: 18.710 (Accessory Residential Units), 18.740 (Historic Overlay), 18.742 (Home
Occupations), 18.750 (Manufactured/Mobil Home Regulations, 18.755 (Mixed Solid Waste &
Recyclable Storage) 18.760 (.Nonconforming Situations), 18.785 (Temporary Uses), and 18.798
(Wireless Communication Facilities). These chapters are, therefore, found to be inapplicable as
approval standards.
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
A - SUBDIVISION GENERAL PROVISIONS:
Approval through two-step process. An application for a subdivision shall be processed
through a two-step process: the preliminary plat and the final plat.
The preliminary plat shall be approved by the Approval Authority before the final plat
can be submitted for approval consideration; and
The final plat shall reflect all conditions of approval of the preliminary plat.
The applicant has submitted a preliminary plat for approval consideration. Final plat review will occur
after the decision is final.
Compliance with ORS Chapter 92. All subdivision proposals shall be in conformity with all
state regulations set forth in ORS Chapter 92, Subdivisions and Partitions.
NOTICE OF DECISION PAGE 10 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
The applicant is responsible for ensuring that the plat satisfies any requirements of Oregon Revised
Statutes (ORS) Chapter 92 beyond what is already required in the Tigard Development Code. Such
conformance is assured through Washington County's plat review.
Future Re-Division.
When subdividing tracts into large lots, the Approval Authority shall require that the lots be of
such size and shape as to facilitate future re-division in accordance with the requirements of
the zoning district and this title.
There are two lots (5 and 16) within the subdivision that are large enough to be re-divided, and both
have adequate frontage and width to accommodate a subsequent re-division. However, depending
on the house location, slopes and protected trees, additional lots are doubtful. This standard is met.
Lot Size Averaging:
Section 18.430.020.D states lot size may be averaged to allow lots less than the minimum lot
size allowed in the underlying zoning district as long as the average lot area for all lots is not
less than allowed by the underlying zoning district. No lot created under this provision shall
be less than 80% of the minimum lot size allowed in the underlying zoning district.
The applicant has shown all of the proposed lots to be at least 5,000 square feet, which is the
minimum lot size allowed by the R-7 zoning district. Therefore, this standard does not apply.
Temporary sales office. Temporary sales offices in conjunction with any subdivision may be
granted as set forth in Chapter 18.785, Temporary Uses.
The applicant has not proposed a sales office; however, if one is later requested, it will be reviewed
through a separate temporary use permit process.
Minimize flood damage. All subdivision proposals shall be consistent with the need to
minimize flood damage.
Due to the topographer of the site, storm water is anticipated to leave the site and not cause flooding.
Storm drainage facilities will be reviewed by Clean Water Services and also by the City for
conformance with design and construction standards.
Floodplain dedications. Where land filling and/or development is allowed within and adjacent
to the 100-year floodplain outside the zero-foot rise floodway, the City shall require
consideration of the dedication of sufficient open land area for a greenway adjoining and
within the floodplain. This area shall include portions at a suitable elevation for the
construction of a pedestrian/bicycle pathway within the floodplain in accordance with the
adopted pedestrian bicycle pathway plan.
The site is not within nor adjacent to the 100-year floodplain. This standard is not applicable.
Need for adequate utilities. All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and constructed to minimize flood
damage.
There are no flood hazards identified for this site.
Need for adequate drainage. All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood damage; and
Drainage is discussed in greater detail under the Street and Utility Improvement section and
addresses issues related to storm water detention facilities.
Determination of base flood elevation. Where base flood elevation has not been provided or is
not available from another authoritative source, it shall be generated for subdivision
proposals and other proposed developments which contain at least 50 lots or five acres
(whichever is less).
NOTICE OF DECISION PAGE 11 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
Base flood elevation data was not provided for the proposed subdivision. The proposed site is
approximately 4.9 acres. According to the standard, developments under five acres are exempt from
this criterion. Therefore, this standard does not apply.
Section 18.430.030 (E) describes the approval process for Phased Developments.
The Approval Authority may approve a time schedule for developing a subdivision in phases,
but in no case shall the actual construction time period for any phase be greater than two
years without re-applying for a preliminary plat. The criteria for approving a phased site
development review proposal are:
The public facilities shall be scheduled to be constructed in conjunction with or prior to
each phase to ensure provision of public facilities prior to building occupancy;
The development and occupancy of any phase shall not be dependent on the use of
temporary public facilities:
The application for phased development approval shall be reviewed concurrently with the
preliminary plat application and the decision may be appealed in the same manner as the
preliminary plat.
The applicant has not proposed a phased development. Therefore, this standard does not apply.
The Approval Authority may approve, approve with conditions or deny a preliminary plat
based on the following approval criteria:
The proposed preliminary plat complies with the applicable zoning ordinance and other
applicable ordinances and regulations;
Compliance with the zoning ordinance and other applicable ordinance and regulations will be assured
through review and imposition of conditions of approval as necessary, as outlined in this decision.
The City of Tigard signed an Intergovernmental Agreement (IGA) with Washington County when it
agreed to take over planning jurisdiction in the urban services area. The urban services area is the area
outside of the current Tigard City Limits, but within Tigard's Urban Growth Boundary. It is the area in
which Tigard is anticipated to grow. Fundamental to the agreement between Tigard and Washington
County is the understanding that areas in the urban services area will, over time, be incorporated into
the City of Tigard as they are more intensively developed and as they require urban services. The
proposed development will intensify the need for urban services in this area. Consequently, the
development site should be annexed into the City. To satisfy this concern, the applicant will be required
to sign a consent to annex form which will be kept on file with the City for future annexation as Tigard's
boundary abuts the development.
The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS
Chapter 92;
The applicant has indicated that the plat name is not a duplicate. However, no plat name reservation
approval from Washington County has been submitted. Therefore, the applicant will provide a plat
name reservation approval from Washington County prior to final plat approval.
The streets and roads are laid out so as to conform to the plats of subdivisions and maps of
major partitions already approved for adjoining property as to width, general direction and in
all other respects unless the City determines it is in the public interest to modify the street or
road pattern; and
This will be discussed in greater detail under Tigard Development Code (TDC) Chapter 18.705,
Access and Chapter 18.810, Street and Utility Improvement Standards.
An explanation has been provided for all common improvements.
The applicant's narrative provides the necessary explanation for all common improvements.
NOTICE OF DECISION PAGE 12 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
Section 18.430.060A. authorizes the granting of adjustments for subdivisions in accordance
with 18.430.050, provided that the application shall be made with a preliminary plat application
with the criteria for granting such adjustments are contained in Section 18.370 020 C1.
The applicant has requested two adjustments, which are addressed under Chapter 18.370 (Variances
and Adjustments).
FINDING: Based on the analysis above, the subdivision standards have not been satisfied. If the
applicant complies with the conditions listed below, the standard will be met.
CONDITIONS:
Prior to final Mt approval, applicant will be required to sign a consent to annex form
which will be on file with the City for future annexation as Tigard's boundary abuts
the development.
Provide a plat name reservation approval from Washington County prior to final plat
approval.
Variances and Adiustments (18.370)
Section - Special Adjustments, states that the Director shall approve or deny a
request for an adjustment to the street improvement requirements in writing based on
findings that the following criteria are satisfied:
Strict application of the standards will result in an unacceptably adverse impact on existing
development, on the proposed development, or on natural features such as wetlands, steep
slopes or existing mature trees. In approving an adjustment to the standards, the Director shall
determine that the potential adverse impacts exceed the public benefits of strict application of
the standards.
The applicant is requesting two special adjustments to the street standards of Chapter 18.810 Street
and Utility Improvement Standards. According to Section 18.810.0301. "A cul-de-sac shall be no
more than 200 feet long and not provide access to greater than 20 dwelling units..." The applicant
has proposed a cul-de-sac to be 510 feet in length and provide access to 25 homes. The applicant is
requesting the adjustments due to the lack of a second access point to the site. Abutting properties
to the north, east and south with the exception of the Tigard Water District reservoir site are already
developed with no access stubbed to the subject site. Therefore, the site can only be accessed from
SW 150 to the west. In addition to existing development, there are slopes in excess of 25 percent
and abutting open space and drainageway tracts located on the eastern portion of the site.
The adjustment to the length and number of homes accessed will allow the development of the
property at minimum density (25 units) and will not jeopardize the safety of future or abutting home
owners. Tualatin Valley Fire and Rescue has had a chance to review the proposal and has offered
the following comments:
"The proposed cul-de-sac with center island meets Fire District standards. The proposed hammer-
head turn-around oHuntwood Court meets Fire District standards. Because lots 1, 2 & 3 are
accessible from 150th , a single access is acceptable."
FINDING: Based on the analysis above, the Adjustment Criteria have been satisfied.
B- APPLICABLE TIGARD DEVELOPMENT CODE SECTIONS
Residential Zoning Districts 18.510
Lists e~ description o e residential zoning District.
The site is located in the R-7: Medium-Density residential zoning district.
NOTICE OF DECISION PAGE 13 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
The R-7 zoning district has the following dimensional requirements:
STANDARD R-7
Minimum Lot Size
Detached unit 5,000 sq. ft.
Duplexes 10,000 sq.ft.
Average Minimum Lot Width
Detached unit lots 50 ft.
Duplex lots 50 ft.
Maximum Lot Coverage 80%
Minimum Setbacks
Front yard 15 ft.
Side facing street on corner & through lots 10 ft.
Side yard 5 ft.
Rear yard 15 ft.
Side or rear yard abutting more restrictive zoning district 30 ft.
Distance between property line and front of garage 20 ft.
Maximum Height 35 ft.
Minimum Landscape Requirement 20%
[1] Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping.
The proposed lots range in size from 5,000 square feet to 12,659 square feet. All lots meet the
minimum lot width requirements, based on the dimensions provided on the plan. The applicant will be
required to comply with the setbacks, height and lot coverage/landscape requirements during the
building permit review process for the homes on individual lots. All lots within this subdivision are for
single-family units. This is not a planned development; therefore, the setbacks are as prescribed by the
base zone.
FINDING: Based on the analysis above, the residential zoning district dimensional standards are
satisfied.
Access E ress and Circulation (18.705):
MU5.U3U (G). describes join access provisions. 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.
No joint access is proposed with this application. All access will be direct from each lot and provided
via public or private streets.
Public street access. All vehicular access and egress as required in Sections 18.705.030H and
shall connect directly with a public or private street approved by the City for public
use and shall be maintained at the required standards on a continuous basis.
All lots will directly access a public or private street. CC&R's will specify that the private street
(Huntwood Court) be maintained at the required standards on a continuous basis.
Required walkway location. 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, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets
which provide the required access and egress. Walkways shall provide convenient
connections between buildings in multi-building commercial, institutional, and industrial
complexes. Unless impractical, walkways shall be constructed between new and existing
developments and neighboring developments;
NOTICE OF DECISION PAGE 14 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
Within all attached housing (except two-family dwellings) and multi-family developments, each
residential dwelling shall be connected by walkway to the vehicular parking area, and
common open space and recreation facilities;
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;
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.
As this proposal is for a single-family development, this standard does not apply.
Curb cuts shall be in accordance with Section 18.810.030N.
Curb cuts will be addressed under Chapter 18.810 Street and Utility Improvements Standards later in
this decision.
Inadequate or hazardous access. Applications for building permits shall be referred to the
Commission or 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; or
Would in any other way cause hazardous conditions to exist which would constitute a
clear and present danger to the public health, safety, and general welfare.
The lots within this subdivision will be providing direct access to public or private streets that connect
directly to public streets. Tualatin Valley Fire and Rescue and Tigard Police have been notified of the
proposed subdivision and have not indicated a hazard. Streets within the subdivision will be required
to meet City design 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 and through the AASHTO, Washington County and City's road
design standards.
Direct individual access to arterial or collector streets from single-family dwellings and duplex
lots shall be discouraged. Direct access to collector or arterial streets shall be considered
only if there is no practical alternative way to access the site. If direct access is permitted by
the City, the applicant will be required to mitigate for any safety or neighborhood traffic
management (NTM) impacts deemed applicable by the City Engineer. This may include, but
will not be limited to, the construction of a vehicle turnaround on the site to eliminate the need
for a vehicle to back out onto the roadway.
The proRosed single-family lots will have access via a proposed public street which will connect to
SW 150 Avenue which is a collector. Therefore, no single-family lot will have direct access to a
major collector or arterial.
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 single-family development is exempt from this requirement.
NOTICE OF DECISION PAGE 15 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
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.
A Traffic Analysis Report was prepared by Charbonneau Engineering, LLC, for this project, dated
December 2003. The report documents that there i adequate sight distance in both directions at the
intersection of proposed Huntwood Way and 150" Avenue. Therefore, this standard has been
satisfied.
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.
SW 150th Avenue is classified as a Collector. Therefore, no lots will be allowed direct access onto
SW 150th Avenue because of the intersection with the proposed Huntwood Way. The applicant has
indicated that the private street will provide access for lots 1-5. The access for lot 1 shall be placed
as far north from Huntwood Way as possible. The access for lot 25 shall be shared with lot 24. If the
shared access is not possible or practical, the driveway for lot 25 shall be placed as far from the
intersection as possible.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along
a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial
shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet.
This project does not propose any driveways along 150th Avenue. The proposed street, Huntwood
Way, is 250 feet from Rosario Lane and is 700 feet from Woodhue Street. Therefore, this criterion is
met.
Minimum access requirements for residential use. Vehicular access and egress for single-
family, duplex or attached single-family we ing 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 access and egress into the site itself is discussed later in this decision under the Street and Utility
Improvements Standards section of this decision. Access to individual lots will be reviewed for
compliance during the building permit phase.
Vehicular access to multi-family structures shall be brought to within 50 feet of the ground
floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the
dwelling units;
No multi-family structures are proposed with this application. Therefore, this standard does not apply.
Private residential access drives shall be provided and maintained in accordance with the
provisions of the Uniform Fire Code;
There are no residential access drives apart from typical driveways proposed with this project.
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;
NOTICE OF DECISION PAGE 16 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
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%.
According to TVF&R, "The proposed cul-de-sac with center island meets Fire District standards. The
proposed hammer-head turn-around on Huntwood Court meets Fire District standards." Therefore,
this standard has been satisfied.
Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at
least 30 feet), may be required so as to reduce the need for excessive vehicular backing
motions in situations where two vehicles traveling in opposite directions meet on driveways in
excess of 200 feet in length;
There are no driveways that will exceed 200 feet in length. Therefore, this standard does not apply.
Where permitted, minimum width for driveway approaches to arterials or collector streets
shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for
traffic exiting the site.
This standard is not applicable as there are no driveway approaches to arterial or collector streets.
FINDING: Based on the analysis above, the Access Egress and Circulation standards have been
met.
Densit Computations and Limitations 18.71
ap er 18.715 implements the Comprehensive Plan 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 (214,115 square feet),
43,767 square feet will be dedicated to public and private street right-of-ways. In addition, 12,879
square feet is encumbered by sensitive lands. This results in a net developable area of 157,469
square feet. Therefore, the maximum number of lots permitted on this site based on 5,000 square
foot lots is 31, and the minimum number of lots is 25. The applicant's proposal to build 25 lots for
single-family detached homes meets the minimum density requirements of the R-7 zone.
FINDING: Based on the analysis above, the Density Standards have been satisfied.
Environmental performance standards (18.725):
T ese standards require triat e era an sae environmental laws, rules and regulations be applied
to development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates:
Noise, visible emissions, vibration and odors.
Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210
o THe Tigard Municipal Code shall apply.
Visible Emissions. Within the commercial zon in, districts and the industrial park (IP) zoning
district, ere shall be no use, operation or activity which results in a stack or other point-
source emission, other than an 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
perms a in any given zoning district which is discernible without instruments at the property
line of the use concerned.
NOTICE OF DECISION PAGE 17 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
Odors. The emissions of odorous gases or other matter in such quantities as to be readily
c~fable at an point beyond the property line of the use creating the odors is prohibited. DEQ
rules for odors (y340-028-090) 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; 1) there shall be no emission or transmission of heat or heated air which is
discernible at the lot line of the source; and 2) these regulations shall not apply to signs or
floodlights in parking areas or construction equipment at the time of construction or
excavation work otherwise permitted by this title.
Insects and rodents. All materials including wastes shall be stored and all grounds shall be
maintained in a manner which will not attract or aid the propagation of insects or rodents or
create a health hazard.
This is a detached single-family project, which is permitted within the R-7 zone. There is nothing to
indicate that these standards will not be met. However, ongoing maintenance to meet these
standards shall be maintained and any violation of these standards will be addressed by the City of
Tigards' Code Enforcement Officer.
FINDING: The Environmental Performance standards are met.
Landsca inq and Screening (18.745):
Chapter 8.745 contains landscaping provisions for new development. Section 18.745.100
requires that street trees be planted in conjunction with all development that fronts a street or
driveway more than 100 feet long. A proposed planting list must be submitted for review by the
Director since certain trees can damage utilities, streets and sidewalks or cause personal injury.
Section 18.745.030.E states that existing vegetation on a site shall be protected as much as
possible (for example, areas not to be disturbed can be fenced as in snow fencing which can
be around individual trees).
The applicant has proposed a public street extending from SW 150th Avenue of approximately 510
feet. According to the standard, any street or driveway more than 100 feet in length must provide
street trees according to Section 18.745.040.0. The applicant has provided a tree plan that shows
Pyrus Calleryana (Chanticleer Pear) as street trees. According to the City's Street Tree list, Pyrus
Calleryana are considered medium sized trees. Therefore, the proposed trees cannot be spaced any
greater than 40 feet apart. The submitted plans show the proposed street trees to be planted 30 feet
apart, which meets the spacing requirements of Section 18.745.040.C.2.b of the Tigard Development
Code.
Section 18.745.040.C contains specific standards for spacing of street trees as follows:
Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall
be spaced no greater than 20 feet apart;
Medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be
spaced no greater than 30 feet apart; and
Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no
greater than 40 feet apart;
As mentioned above, the applicant has proposed planting Pyrus Calleryana (Chanticleer Pear) as
street trees which are medium sized trees planted 30 feet apart. Therefore, this standard has been
satisfied.
Section 18.745.050 contains the provisions and requirements for buffering and screening.
The Buffering and Screening Matrix (Section 18.745.1) does not require buffering or screening when
a single-family detached residential use is proposed adjacent to existing detached single-family
dwellings. Therefore, this section does not apply.
NOTICE OF DECISION PAGE 18 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
Section 18.745.060 contains the provisions for re-vegetation where natural vegetation has
been removed through grading. Such areas are to be replanted as set forth in this section to
prevent erosion after construction activities are completed.
The applicant has provided an erosion control plan, which provides methods for re-vegetation of
disturbed areas. All areas graded during subdivision development will be re-seeded and/or planted to
stabilize.
FINDING: Based on the analysis above, the landscaping and screening standards have been met.
Off-Street Parkin and Loading Requirements (18.765):
Chapter 18. 7 65, Table 16. 65.2 requires fat single-family residences be provided with one (1)
off-street parking space for each dwelling unit.
Compliance with this standard will be enforced during the building permit review process. Since the
Code requires 20 feet from the property line to the face of a garage, this will insure that at least one
car can park off of the street, outside of any garage.
FINDING: Because each individual home will be reviewed for compliance with this standard during
the building permit phase and it is feasible that this standard will be met by providing
driveways and garages, the Off-Street Parking and Loading requirements have been
satisfied.
Sensitive Lands (18.775):
TrDirector Shall ave a authority to issue a sensitive lands permit in the following areas by
means of a Type II procedure, as governed in Section 18.390.040, using approval criteria
contained in Section 18.775.070:
The subject site of the proposed subdivision has slopes that are greater than 25%. Therefore, the
criterion of Section 18.775.070.0 "With steep slopes" has been addressed below.
The extent and nature of the proposed land form alteration or development will not create site
disturbances to an extent greater than that required for the use;
According to the applicant, the extent of the proposed development (home foundations) will not create
site disturbances to an extent greater than that required for the use. No extensive grading will be
required to create flat building sites; instead the buildings will be designed with daylight basements to
match the existing slope.
The proposed land form alteration or development will not result in erosion, stream
sedimentation, ground instability, or other adverse on-site and of-site effects or hazards to life
or property;
A geotechnical report was submitted by Redmond and Associates which states that the sloping
sections of the site are presently stable, and that gross instability would not occur provided that any
structural fills be properly keyed and benched into the existing native slopes. No grading is proposed
on the slopes 25 /o or greater on the site. Erosion control measures have been proposed to prevent
stream sedimentation (Erosion and Grading Plan).
The structures are appropriately sited and designed to ensure structural stability and proper
drainage of foundation and crawl space areas for development with any of the following soil
conditions: wet/high water table; high shrink-swell capability; compressible/organic; and
shallow depth-to-bedrock; and
The applicant has submitted a Geotechnical report prepared by Redmond and Associates that
addresses site preparation and foundation support (Page 4 and 5 of report). Therefore, the applicant
will be required to follow the recommendations of the Geotechnical report when conducting site
preparation and structural siting.
NOTICE OF DECISION PAGE 19 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
Where natural vegetation has been removed due to land form alteration or development, the
areas not covered by structures or impervious surfaces will be replanted to prevent erosion in
accordance with Chapter 18.745, Landscaping and Screening.
The applicant has indicated that areas not covered by structures or impervious surfaces will be
replanted. Therefore, the applicant is required to provide and implement a landscaping plan that
provides types and procedures for revegetation.
FINDING: Based on the analysis above, the Sensitive Lands standards have not been met. If the
applicant complies with the condition below, the standards will be met.
CONDITION: Provide and implement a landscaping plan that provides plant types and procedures for
revegetation.
Signs 18.780 :
Chapter regulates the placement, number and design criteria for signage.
No signs are proposed in conjunction with this development. Any future signage will be subject to the
sign permit requirements in Chapter 18.780. There has been a proliferation of sign violations from
new subdivisions. In accordance with a new policy adopted by the Director's Designee, all new
subdivisions must enter into a sign compliance agreement to facilitate a more expeditious court
process for citations.
FINDING: To expedite enforcement of sign violations, a sign compliance agreement will be
required.
CONDITION: Prior to the issuance of building permits, the developer shall sign a copy of the City's sign
compliance agreement.
Tree Removal (18.790):
ap er 18.790.030 requires the submittal of a tree plan that identifies the location size and
species of all trees on the site, a program to save existing trees over 12-inch diameter at
breast height (dbh) or mitigate for their removal, identification of trees to be removed, and a
protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
The applicant has submitted a tree plan that identifies the location, size and species of all trees
located on the site. The subject site had forest deferral prior to the submission of the land-use
application. Therefore, the applicant had previously removed a majority of the trees without having to
address mitigation as required by this chapter (18.790). Now that a land-use application has been
submitted, the remaining trees on the site are subject to mitigation standards. According to the
arborist report, the total number of trees twelve inches in diameter and larger is 43. The total number
of hazardous trees over twelve inches in diameter is four. Therefore, a total of 39 trees 12 inches or
greater are subject to mitigation. The applicant has indicated that only two healthy trees over twelve
inches will need to be removed due to infrastructure. Therefore, the applicant is preserving 95
percent of the remaining trees over twelve inches in diameter. No mitigation is required.
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 subdivision
improvements, in accordance with this standard.
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SUB2004-00001 -VALLEY VIEW SUBDIVISION
FINDING: Based on the analysis above, the Tree Removal standards will be met, if the applicant
complies with the conditions listed below:
CONDITIONS:
Prior to commencing site work, a combination utility/tree protection plan shall be
incorporated as a supplement to the PFI permit plans to ensure minimization of
utility lines and street improvements within the specified tree protection zone (TPZ).
Prior to commencing on-site improvements, the applicant shall submit a final Tree
Protection Plan to the City Forester for review and approval that shows exactly how
far the tree protection fencing will be from the face of each protected tree that will
be impacted by construction activities within its dripline. The applicant, through
their Project Arborist, shall justify the close proximity of the construction activities to
the trees, and certify that the activities will not adversely impact the overall and
long-term health and stability of each tree. Once approved, tree protection
measures must be installed for all trees to be retained. Once installed, the City
Forester must inspect the tree protection measures.
The applicant shall acknowledge in writing that the development code provides
for the following penalties if the trees on-site are damaged or removed without
approval:
Notwithstanding any other provision of this title, any party found to be in violation of
this chapter pursuant to Chapter 1.16 of the Tigard Municipal Code shall be subject
to a civil penalty of up to $500 and shall be required to remedy any damage caused
by the violation. Such remediation shall include, but not be limited to, the following:
A. Replacement of unlawfully removed or damaged trees in accordance with
Section 18.790.060 (D) of the Tigard Development Code; and
B. Payment of an additional civil penalty representing the estimated value of
any unlawfully removed or damaged tree, as determined using the most
current International Society of Arboriculture's Guide for Plant Appraisal.
Prior to issuance of building permits the Project Arborist shall submit to the City
Forester a final certification indicating the elements of the Tree Protection Plan
were followed and that all remaining trees on the site are healthy, stable and
viable in their modified growing environment.
The property owner/applicant and their assigns are responsible for complying with
the following requirement: The Project Arborist shall inspect the site at a minimum
of every two weeks, and at any time when intrusions into the TPZ are required.
The project arborist shall submit written reports to the City Forester a minimum of
once every two weeks, as he monitors the construction activities and progress.
These reports shall include any changes that may have occurred to the TPZ as well
as indicate the condition and location of the tree protection fencing. If the amount
of TPZ was reduced, then the Project Arborist shall justify why the fencing was
moved, and shall certify that the construction activities to the trees did not adversely
impact the overall and long-term health and stability of the tree(s). If the reports are
not submitted or received by the City Forester at the scheduled intervals, and if it
appears the TPZ's or the Tree Protection Plan is not being followed by the
contractor, the City can stop work on the project until an inspection can be done by
the City Forester and the Project Arborist and appropriate remedies can be
imposed, if necessary. 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.
Record deed restrictions for all trees to remain located on the proposed parcels.
NOTICE OF DECISION PAGE 21 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
Vision Clearance:
Chapter applies to all development and requires that clear vision area shall be
maintained on the corners of all property adjacent to intersecting right-of-ways and at the
intersection of a public street and a private driveway. A visual clearance area shall contain no
vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction
exceeding three feet in height.
The applicant has indicated the vision clearance areas on the street layout plan (sheet #1) and has
not proposed any structures (including retaining walls) or vegetation in the vision clearance areas
over three feet.
FINDING: Because no structures are currently proposed in the vision clearance area and all future
buildings will be reviewed for compliance during the building permit phase, this standard
has been satisfied. The applicant has additionally been conditioned to provide a post
construction sight distance certification previously in this decision.
C - STREET AND UTILITY IMPROVEMENTS STANDARDS (SECTION 18.810):
Street And Utility Improvements Standards (Section 18.810):
Cnapter 113.13-101 prove es construction s an ar s or he implementation of public and private
facilities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be
improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a
portion of an existing street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Collector street to
have a 58 foot right-of-way width and 34-foot paved section. Other improvements required may
include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
This site lies adjacent to SW 150th Avenue, which is classified for a 3-lane Collector on the City 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 an additional 15 feet
of ROW.
SW 150th Avenue is currently partially improved. In order to mitigate the impact from this
development, the applicant should construct half-street improvements.
Future Street Plan and Extension of Streets: Section 18.810.0301 states that a future street
plan shall be filed which shows the pattern of existing and proposed future streets from the
boundaries of the proposed land division. This section also states that where it is necessary to
give access or permit a satisfactory future division of adjoining land, streets shall be extended to
the boundary lines of the tract to be developed and a barricade shall be constructed at the end of
the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since
they are intended to continue as through streets at such time as the adjoining property is
developed. A barricade shall be constructed at the end of the street by the property owners
which shall not be removed until authorized by the City Engineer, the cost of which shall be
included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-
sac bulbs shall be constructed for stub streets in excess of 150 feet in length.
The applicant has indicated that there are no opportunities to provide stub streets to adjacent properties
due to the presence of developed neighborhoods to the north, east and south. The City's Water
Department has also indicated that there is no need for access to or from this site. Therefore, the
applicant has not prepared a future streets plan and has proposed to provide a cul-de-sac termination of
Huntwood Way. Staff concurs with this proposal.
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SUB2004-00001 -VALLEY VIEW SUBDIVISION
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 applicant has indicated that street connection through this site is prohibited by existing development
on all sides. Staff concurs.
Cul-de-sacs: 18.810.030.L states that a cul-de-sac shall be no more than 200 feet long, shall not
provide access to greater than 20 dwelling units, and shall only be used when environmental or
topographical constraints, existing development pattern, or strict adherence to other
standards in this code preclude street extension and through circulation:
All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations
other than circular, shall be approved by the City Engineer; and
The length of the cul-de-sac shall be measured from the centerline intersection point of
the two streets to the radius point of the bulb, and
If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street
may be required to be provided and dedicated to the City.
The applicant has applied for an adjustment to the cul-de-sac length standard. The applicant has
indicated that there are newly developed subdivisions on three sides of the project and that no stub
streets were provided with those developments. The City's Water Department has indicated that they
do not need access to this site. Therefore, the proposed cul-de-sac is the only access option for this
development. The configuration of the proposed cul-de-sac is not circular and will require approval
by the City Engineer when plans are submitted for PFI permit.
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on
arterials, 12% on collector streets, or 12% on any other street (except that local or residential
access streets may have segments with grades up to 15% for distances of no greater than 250
feet). Centerline radii of curves shall be as determined by the City Engineer.
The applicant has provided a profile of 150th Avenue and indicated that grades do not exceed 12%.
The applicant did not provide a profile of Huntwood Way and shall do so with the PFI submittal. The
applicant's narrative indicates that most of Huntwood Way does not exceed 12%, although there is a
short section with grades between 12 and 14%. From scaling the plans a short section exceeds 15%.
The applicant shall submit a revised profile of the street with the grades in compliance with Section
18.810.030.N, thereby eliminating the need for an adjustment.
Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a
development abuts or is traversed by an existing or proposed arterial or major collector street,
the development design shall provide adequate protection for residential properties and shall
separate residential access and through traffic, or if separation is not feasible, the design
shall minimize the traffic conflicts. The design shall include any of the following:
A parallel access street along the arterial or major collector;
Lots of suitable depth abutting the arterial or major collector to provide adequate
buffering with frontage along another street;
NOTICE OF DECISION PAGE 23 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
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.
The project abuts SW 159th Avenue which is classified as a Collector. There is no direct access from
the proposed lots to 150 Avenue. Access for all lots will be provided by a new public local street,
Huntwood Way, thereby meeting this criterion.
Private Streets: Section 18.810.030.T states that design standards for private streets shall be
established by the City Engineer. The City shall require legal assurances for the continued
maintenance of private streets, such as a recorded maintenance agreement. Private streets
serving more than six dwelling units are permitted only within planned developments, mobile
home parks, and multi-family residential developments.
The applicant has proposed one private street that will serve Lots 1-5. This private street will be 25
feet wide, in a 25 foot wide Private Tract, with a 5 foot sidewalk placed in an easement.
The applicant shall place a statement on the face of the final plat indicating the private street(s) will be
owned and maintained by the properties that will be served by it. In addition, the applicant shall
record Conditions, Covenants and Restrictions (CC&R's) alon with the final plat that will clarify how
the private property owners are to maintain the private streets). These CC&R's shall be reviewed
and approved by the City prior to approval of the final plat. 'Tfhe City's public improvement design
standards require private streets to have a pavement section equal to a public local street. The
applicant will need to provide this type of pavement section.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be
designed with due regard to providing adequate building sites for the use contemplated,
consideration of needs for convenient access, circulation, control and safety of street traffic and
recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall
not exceed 1,800 feet measured along the right-of-way line except:
Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre-existing development or;
For blocks adjacent to arterial streets, limited access highways, major collectors or
railroads.
For non-residential blocks in which internal public circulation provides equivalent
access.
The proposed subdivision will only have one point of access due to existing development. Therefore,
no blocks will be formed with this application.
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.
As stated above, existing development precludes the formation of blocks and or pedestrian
connections. Therefore, this standard does not apply.
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 largest of the proposed lots (lot #16) has an average lot width of 81 feet. The length of lot #16 is
approximately 160 feet. Therefore, no lot is two and a half times the average lot width.
NOTICE OF DECISION PAGE 24 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
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.
Each of the proposed lots has a minimum of 25 feet of frontage onto a public or private street.
Therefore, this standard has been satisfied.
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 has indicated that sidewalks will be installed along SW 150th and on both sides of the
proposed Huntwood Way. Planter strips are required on both streets. The applicant has shown curb-
tight. sidewalks along the cul-de-sac. This does not meet the standards. Planter strips shall be
provided along the cul-de-sac length.
The applicant has shown a 5 foot sidewalk in an easement along one side of the private street.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each
new development and to connect developments to existing mains in accordance with the
provisions set forth in Design and Construction Standards for Sanitary and Surface Water
management (as adopted by Clean Water Services in 1996 and including any future revisions
or amendments) and the adopted policies of the comprehensive plan.
Over-sizing: Section 18.810.090.C states that proposed sewer systems shall include
consideration of additional development within the area as projected by the Comprehensive
Plan.
This site is within Clean Water Services (CWS) service area. The applicant's sanitary sewer plan will
be reviewed and appr9h ed by that agency. The plan shows that a public sewer will be extended from
the existing line in 150 Avenue into the site. There are no stubs provided for upstream properties as
they are all developed.
Although CWS has review authority in this area, it is anticipated that the City of Tigard will eventually
maintain sewer lines in this area. As such, the City will also review the applicant's construction plans
to ensure that certain specific location provisions are met.
Prior to construction, the applicant must obtain plan approval from CWS and the City of Tigard.
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).
There are no upstream drainage ways impacting this project.
NOTICE OF DECISION PAGE 25 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
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.
CWS will require the applicant to submit a downstream analysis to determine the need for onsite
detention and/or downstream improvements. The applicant has proposed a Water Quality/Quantity
Pond be constructed. Prior to construction, the applicant must obtain final approval from CWS for the
proposed storm drainage system.
It is also anticipated that the City will eventually take over the storm drainage lines in this area.
Because of this, the City will require the applicant to construct any public storm drain main lines,
outside of a paved area, with PVC C-900 or ductile iron pipe material.
Prior to construction, the applicant must obtain plan approval from CWS and the City of Tigard.
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.
150th Avenue is classified as a bicycle facility. The applicant's half-street improvements will provide
adequate ROW and pavement to include a bike lane along the length of their frontage.
Cost of Construction: Section 18.810.110.13 states that development permits issued for
planned unit developments, conditional use permits, subdivisions, and other developments
which will principally benefit from such bikeways shall be conditioned to include the cost or
construction of bikeway improvements.
It would not be practical to require the developer to stripe the bike lane at this time. However, it would
be appropriate for the applicant to contribute funds to the City to cover the cost of the bike lane
striping.
The amount of the striping would be as follows:
280 feet of 8-inch white stripe, at $2.50/lf $ 700.00
7 Mono-directional reflective markers @ $4.00/ea $ 28.00
1 Bike lane legends @ $175/ea $ 175.00
2 Directional mini-arrows 67 100/ea 200.00
Minimum Width: Section 18.810.110.C states that the minimum width for bikeways within the
roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated
from the road is eight feet.
The minimum width is 6 feet for a bike lane along a three lane collector.
NOTICE OF DECISION PAGE 26 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes
and meter cabinets which may be placed above ground, temporary utility service facilities
during construction, high capacity electric lines operating at 50,000 volts or above, and:
The developer shall make all necessary arrangements with the serving utility to provide
the underground services;
The City reserves the right to approve location of all surface mounted facilities;
All underground utilities, including sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surfacing of the streets; and
Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.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 authority determines that the cost and technical difficulty of
under-grounding the utilities outweighs the benefit of under-grounding in conjunction with the
development. The determination shall be on a case-by-case basis. The most common, but
not the only, such situation is a short frontage development for which under-grounding would
result in the placement of additional poles, rather than the removal of above-ground utilities
facilities. An applicant for a development which is served by utilities which are not
underground and which are located across a public right-of-way from the applicant's property
shall pay a fee in-lieu of under-grounding.
There are existing overhead utility lines along the frontage of SW 150th Avenue. If the fee in-lieu is
proposed, it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The
frontage along this site is 335 lineal feet; therefore the fee would be $11,725.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
STANDARDS:
Traffic Stud Findings:
ra is Analysis Report was prepared for this project by CharbonneRu Engineering, LLC, date
December 2003. Level of Service was studied for Woodhue Street/150 Avenue, Site Access/1501
Avenue and Beef Bend Road/1501 Avenue. The report summarizes the following:
1. The proposed site is expected to generate 28 AM peak and 32 PM peak hour trips.
2. The proposed site access has more than 600 feet of sight distance available to the north and
south, exceeding the required 445 feet minimum.
3. There were no left turn lanes warranted due to this development.
4. The capacity analysis verified that the study intersections will continue to operate at acceptable
levels of service with the Valley View Subdivision. Intersection improvements are not
necessary.
Public Water S stem:
e ,I y o agar provides the public water service in this area. The following comments and
requirements were submitted by Brian Rage, Public Works Engineering Manager:
1. Water lines shall be located on the south side of the proposed road.
2. No public water lines will be allowed on private streets. The meters for homes on private
streets must be banked at the public street.
3. In general, the cul-de-sac design is not referred. (The applicant maintains that the HOA will
provide maintenance of the island's landscaping. As mentioned earlier, the unique cul-de-sac
shape must receive approval from the City Engineer).
4. The existing meter shown on 150" Avenue wifl have to be relocated to inside the development
(off the new internal street). The Water Department wants the meter reader to only have to
read meters inside the development.
NOTICE OF DECISION PAGE 27 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
5. The existing fire hydrant on 150th Avenue must be relocated behind the new sidewalk.
6. The applicant's engineer needs to be aware of separatpn requirements between water lines
and sanitary sewer lines, as this may be an issue on 150 Avenue.
7. There is an existing well on the site. Public Works will be interested in having access to some
well logs for this well. The Water Department would like to work with the developer as to ways
of preserving this well for monitoring purposes for the ASR program.
8. Air release valves are required at high points in the water lines (around lot 9 frontage).
Storm Water Qualit :
The Gi y as agree to enforce Surface Water Management (SWM) regulations established by
Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and
Order No. 00-7) which require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 .percent of the phosphorus contained in 100 percent of the
storm water runoff generated from newly created impervious surfaces. In addition, a
maintenance plan shall be submitted indicating the frequency and method to be used in
keeping the facility maintained through the year.
Prior to construction, the applicant shall submit plans and calculations for a water quality facility that
will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a
maintenance plan for the facility that must be reviewed and approved by the City prior to construction.
The applicant's plan shows that they will provide detention and water quality treatment in a pond at
the southwest corner of the development. The applicant must have approval from CWS and the City
of Tigard prior to construction.
Prior to the City accepting this facility as a public facility, the developer shall maintain it for a minimum
of three years after construction is completed. The pond shall be placed in a tract and conveyed to
the City on the final plat. The developer will be required to submit annual reports to the City which
show what maintenance operations were conducted on the facility for that year. Once the three-year
maintenance period is completed, the City will inspect the facility and make note of any problems that
have arisen and require them to be resolved before the City will take over maintenance of the facility.
In addition, the City will not take over maintenance of the facility unless 80 percent of the landscaping
is established and healthy. If at any time during the maintenance period, the landscaping falls below
the 80 percent level, the developer shall immediately reinstall all deficient planting at the next
appropriate planting opportunity.
Gradin and Erosion Control:
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 five acres, the developer will be required to obtain an
NPDES permit from the City prior to construction. This permit will be issued along with the
site and/or building permit.
A final grading plan shall be submitted showing the existing and proposed contours. The 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 adjacent
lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff
from each lot.
The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the
UBC, for the proposed grading slope construction. The recommendations of the report will need to
be incorporated into the final grading plan and a final construction supervision report must be filed
with the Engineering Department prior to issuance of building permits.
NOTICE OF DECISION PAGE 28 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
The design engineer shall also indicate, on the grading plan, which lots will have natural slopes
between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This
information will be necessary in determining if special grading inspections and/or permits will be
necessary when the lots develop.
The applicant will be required to obtain an NPDES permit for this project.
Address Assignments:
TH-e-Tity of I agar is responsible for assigning addresses for parcels within the City of Tigard
and within the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per
address shall be assessed. This fee shall be paid to the City prior to approval of the final plat.
For this project, the addressing fee will be $1,450.00 (29 lots and/or tracts X $50/address =
$1,450.00).
The developer will also be required to provide siggnage at the entrance of each shared flag lot
driveway or private street that lists the addresses that are served by the given driveway or street.
This will assist emergency services personnel to more easily find a particular home.
Surve Requirements
TFi_e applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments
with a tie to the City's global positioning system GPS) ggeodetic control nettwork (GC 22). These
monuments shall be on the same line and shat be of the same precision as required for the
subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to
convert ground measurements to grid measurements and the angle from north to grid north.
These coordinates can be established by:
GPS tie networked to the City's GPS survey.
By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's
engineer shall provide the City with an electronic file with points for each structure (manholes, catch
basins, water valves, hydrants and other water system features in the development, and their
respective X and Y State Plane Coordinates, referenced to NAD 83 91).
D. - IMPACT STUDY
Section states that the applicant shall provide an impact study to quantify the
effect of development on public facilities and services. The study shall address, at a
minimum, the transportation system including bikeways, the drainage system, the parks
system, the water system, the sewer system, and the noise impacts of the development. For
each public facility system and type of impact, the study shall propose improvements
necessary to meet City standards, 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 the conclusion that the real property dedication
requirement is not roughly proportional to the projected impacts of the development.
Section 18.390.050 states that when a condition of approval requires the transfer to the public
of an interest in real property, the approval authority shall adopt findings which support the
conclusion that the interest in real property to be transferred is roughly proportional to the
impact the proposed development will have on the public.
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. Presently, the TIF for a detached,
single-family dwelling is $2,530.
NOTICE OF DECISION PAGE 29 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
The internal streets within the subdivision are needed to allow the subdivision to develop and the
need for these streets is created by the subdivision. Because the need for the internal streets is
created by the development, the impact of the development is directly proportional to the cost of
dedication and construction of the internal streets. Upon completion of this development, the future
builders of the residences will be required to pay TIF s totaling approximately $63,250 ($2,530 x 25
dwelling units). 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
$197,656 ($63,250 divided by .32). The difference between the TIF paid and the full impact, is
considered as unmitigated impact. Since the TIF paid is $63,250, the unmitigated impact can be
valued at $134,406. Given that the estimated cost of the dedication and half-street improvements is
$64,681, the value of these improvements is less than the value of the unmitigated impacts, the
exactions are proportionate.
E. - WASHINGTON COUNTY SW BULL MOUNTAIN COMMUNITY PLAN
Summit and Slopes - Design Elements:
1. The residential character of this subarea is to be protected. Improvement of roadways
should be done in a manner which does not encourage excessive traffic. All roads
planned for improvement or connection to SW Bull Mountain Road within the Planning
area should be constructed as minor collectors or local streets following the
topography generally and not directly aligned with other major roadways.
The proposed development is a residential subdivision. Improvement of streets will be done to meet
traffic safety requirements and meet development code standards. No major roadways are proposed
with this application. The public street serving the Valley View subdivision will be an extended
cul-de-sac, precluding through traffic.
2. Hillside building techniques and foundation designs such as stilts, stepped foundations,
etc. shall be used to minimize the alteration of existing slopes over 20 percent. Detailed
site plans, elevations and sections shall be required showing all structures, foundations,
and techniques proposed for hillside construction. These, as well as other site plan
requirements for building on steep slopes, as defined in the Community Development
Code, are intended to ensure that development activities do not increase the potential for
earth movements such as landslides or land failures in the steeply sloped subarea.
Detailed site plans will be generated at the building permit stage for home construction. According to the
applicant, homes built on lots with slopes 20% or greater will be designed on stilts. Therefore, this
standard has been satisfied.
3. No grading, filling, clearing or excavation of any kind shall be initiated on steep slopes
untir a grading plan: as defined in the Community Development Code, is approved.
Borrowing to obtain fill material shall be prohibited unless the material is obtained from a
cut permitted under an approved grading plan, or imported from outside the hillside area.
The final grading plan will show all proposed grading. This issue is discussed in greater detail under the
Street and Utility Improvement Standards section of this decision.
4. Removal of natural vegetation shall be minimized; existing vegetation protected and
destroyed vegetation replaced. This is required in order to conserve important natural
areas, decrease the potential for erosion, decrease the amount of surface water runoff and
help prevent earth movement in hazardous areas. A slope stabilization and revegetation
plan, which includes a schedule for revegatation after areas have been cleared, shall be
included with the required grading plan. Revegetation shall be completed before October
15 of the year of construction, or a temporary treatment shall be required sufficient to
prevent erosion prior to the rainy season
The subject parcel was previously under forest deferral. A majority of the trees on-site were removed.
The remaining vegetation is mostly black berry bushes, which will be removed during construction. The
applicant will be required to submit an erosion control/grading plan under Chapter 18.810 (Street and
Uttility Improvement Standards) and will also be required to meet Clean Water Services erosion control
conditions. Therefore, this standard has been satisfied.
NOTICE OF DECISION PAGE 30 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
5. Because trees are such an important natural and scenic resource on SW Bull Mountain,
development in areas of standing trees shall be designed to minimize the number of trees
to be cut. At the time of development, no more than fifty percent of the mature standing
trees (six inch diameter or greater) shall be removed from any parcel. Development
design and clearing for structures shall provide for maximum retention of old growth
trees. Prior to development, the harvesting of forest tree species for their commercial
value shall be in accord with the Oregon Forest Practices Act. The slope stabilization and
revegetation plan shall indicate the mature tree planned for removal and describe the
replacement programs. Replacement trees must be of at least 1%-inch diameter.
Prior to application, the subject site was under forest deferral. A large number of trees were removed for
harvesting. Currently, there are 85 trees over six inches in diameter, 20 of which are hazardous. The
applicant is proposing to remove 14 additional trees over six inches in diameter. Therefore, the
applicant is retaining 78% of healthy trees greater than six inches.
6. Streams, seasonal waterways and immediately adjacent riparian zones, as defined in the
Community Development Code, shall be preserved in their natural condition including
topography and vegetation. Where roads are required, bridges shall be preferred means
of crossing streams and waterways rather than infill and piping or channelization of water
flow.
The stream and its associated vegetated corridor located in the northeast corner of the site are being
preserved in an open space area (Tract A).
7. Use of power line easements for farm operations, open space, and wildlife habitat shall be
encouraged as appropriate in this subarea.
There are no power line easements within the subject proposal area. This element is not applicable.
8. This Design element refers to Area of Special Concern 1, which is not within the project
area. Therefore, this element does not apply.
9. This Design element refers to Area of Special Concern 2, which is not within the project
area. Therefore, this element does not apply.
10. This Design element refers to Area of Special Concern 3, which is not within the project
area. Therefore, this element does not apply.
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Urban Forester has reviewed the proposal and has no objections to it.
The City of Tigard Long Range Planning Division has reviewed the proposal and has no
objections to it.
The City of Tigard Public Works Engineering Manager has reviewed the proposal and has offered
the following comments:
Water lines need to be located on the south side of the roadway.
No public water lines on private streets, meters for homes on private streets must be banked at
the public street.
In general, the cul-de-sac design is not preferred. A landscape island needs maintenance and
irrigation. Who would maintain this? The only such design that we have approved in recent
years is the Ventura Estates project, and that was only because of grade issues. It does not
appear that we have such grade issues on this project. Therefore, I recommend a more
conventional design (no island, all paved).
Existing meter shown on 150th will need relocation to inside the development (off the new
internal street). We will want our meter reader to only have to read meters inside the
development.
NOTICE OF DECISION PAGE 31 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
Engineer will need to be aware of separation requirements between water lines and sanitary
sewer lines. May be an issue in 150th Avenue.
There is an existing well on the site. Public Works will be interested in at least having access
to some well logs for this well. We may also want to work with the developer as to ways of
preserving this well for monitoring purposes for our ASR program.
Air release valves are required at high points in water lines. Looks like we may end up with a
high point in the line at or around the frontage of Lot 9.
SECTION VIII. AGENCY COMMENTS
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments:
1) Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an
approved turnaround. Diagrams of approved turnarounds are available from the fire district.
(UFC Sec. 902.2.2.4)
The proposed cul-de-sac with center island meets Fire District standards. The proposed
hammer-head turn-around on Huntwood Court meets Fire District standards.
2) When buildings are completely protected with an approved automatic fire sprinkler system, the
requirements for fire apparatus access may be modified as approved by the Chief. (UFC Sec.
902.2.1 Exception 1)
3) Where there are 25 or more dwelling units, vehicle congestion, adverse terrain conditions or other
factors as determined by the Chief of the fire department not less than two approved means of
access shall be provided to the city/county roadway or access easement. Exceptions may be
allowed for approved automatic sprinkler system. (UFC Sec. 902.2.1)
Because lots 1, 2 & 3 are accessible from 150th, a single access is acceptable.
4) Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (15 feet for
one or two dwelling units and out buildings), and an unobstructed vertical clearance of not less
than 13 feet 6 inches. (UFC Sec. 902.2.2.1)
s) The inside turning radius and outside turning radius shall be not less than 25 feet and 45 feet
respectively, measured from the same center point. (UFC Sec. 902.2.2.3) - (See diagrams on
back)
6) Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and 20
feet of unobstructed driving surface, "No Parking" signs shall be installed on one or both sides of
the roadway and in turnarounds as needed. (UFC Sec. 902.2.4) Signs shall read "NO PARKING -
FIRE LANE - TOW AWAY ZONE, ORS 98.810 - 98.812" and shall be installed with a clear space
above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black
or red letters and border on a white background. (UFC Sec. 901.4.5.1)
The entire area of the cul-de-sac and the hammer-head shall be designated as fire lanes
and shall be posted "No Parking" as per the City of Tigard's engineering standards.
7) Private fire apparatus access roadway grades shall not exceed an average grade of 10 percent
with a maximum grade of 15 percent for lengths of no more than 200 feet. Intersections and
turnarounds shall be level (maximum 5% with the exception of crowning for water run-off. Public
streets shall have a maximum grade of 15%. (UFC Sec. 902.2.2.6)
s) Fire hydrants for single family dwellings, duplexes and sub-divisions, shall be placed at each
intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet
from a hydrant at an intersection as measured in an approved manner around the outside of the
structure and along approved fire apparatus access roadways. Placement of additional fire
hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2)
A fire hydrant shall be installed at the intersection of 150th and Huntwood Way, in addition
to the proposed fire hydrant located near lots 20 & 21.
NOTICE OF DECISION PAGE 32 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
9) Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access
roadway. (UFC Sec. 903.4.2.4)
1o) Fire hydrant locations shall be identified by the installation of reflective markers. The markers
shall be blue. They shall be located adjacent and to the side of the centerline of the access road
way that the fire hydrant is located on. In case that there is no center line, then assume a
centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3)
11) The minimum available fire flow for single family dwellings and duplexes shall be 1,000 gallons
per minute. If the structure(s) is(are) 3,600 square feet or larger, the required fire flow shall be
determined according to UFC Appendix Table A-III-A-1. (UFC Appendix III-A, Sec. 5)
12) Approved fire apparatus access roadways and fire fighting water supplies shall be installed and
operational prior to any other construction on the site or subdivision. (UFC Sec. 8704)
Washington County has reviewed the proposal and has submitted a traffic staff report which can be
viewed in the file. Recommended conditions are as follows:
1. Provide adequate illumination at the proposed site access on SW 150th Avenue. Adequate
illumination shall consist of at least one 200-watt high pressure sodium cobra head luminaire
mounted at a minimum height of 20 feet on existing utility poles if available. The fixture shall
have a medium semi-cutoff type III distribution. The pole shall be within the area defined by
the radius returns of the intersection. The fixture shall be oriented at 90 degrees to centerline
of SW 15016 Avenue. If no existing utility poles are available within the intersection area
defined by the radius returns, the developer shall meet the requirements of the Department of
Land Use and Transportation 1991 Roadway Illumination Standards, latest revision. County
Traffic Engineer may require illumination in addition to the above-stated minimums. Direct
technical questions concerning this condition or the 1991 Roadway Illumination Standards to
Robert Morast, County Traffic Engineer.
2. Close the existing site driveway on SW 150th Avenue upon opening of the new proposed site
access.
SECTION IX. PROCEDURE AND APPEAL INFORMATION
Notice:
oT~ti e was posted at City Hall and mailed to:
X The applicant and owners
Owner of record within the required distance
7- Affected government agencies
Final Decision:
EF_ THIS DECISION IS FINAL ON MAY 5, 2004 AND
EFFECTIVE ON MAY 20, 2004 UNLESS AN APPEAL IS FILED.
Appeal:
The Director's Decision is final on the date that it is mailed. Any party with standing as provided in
Section 18.390.040.G.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 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.
NOTICE OF DECISION PAGE 33 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION
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 partyy during the appeal hearing, subject to any additional rules of procedure that may
be adopted from time to time by the appellate body.
E=~ THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 19, 2004.
Questions:
it yoke any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125
SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
May 5 2004
PREPARED BY: Mathew c el egger
Associate Planner
Ma 5 2004
APPROVED BY: Richard ewers o
Planning Manager
NOTICE OF DECISION PAGE 34 OF 34
SUB2004-00001 -VALLEY VIEW SUBDIVISION