SUB2004-00004 Decision - FRENCH PRAIRIE VINEYARDS
NOTICE OF TYPE II DECISION
"URBAN SERVICE(/ARREA
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CITY OF TIGARD
SUBDIVISION (SUB) 0004-00004
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FRENCH PRAIRIE VINEYARDS SUBDIVISION 11,
120 DAYS = 11/16/2004
SECTION I. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: FRENCH PRAIRIE VINEYARDS SUBDIVISION
CASE NOS.: Subdivision UB) SUB2004-00004
Adjustment VAR VAR2004-00021
Adjustment VAR VAR2004-00022
REQUEST: The applicant is requesting approval for a 30-lot Subdivision of 5.70 acres with
Adjustments to the cul-de-sac length and block perimeter standards. All existing
residences will be removed, excluding tax lot 1300 and the existing residence
which is located on proposed parcel #9.
OWNER: Various owners, APPLICANT: Willshire Homes
list is available upon request Attn: Stephen Allsup
5675 Victoria Court
APPLICANT'S Westlake Consultants, Inc. Lake Oswego, OR 97035
REP.: Attn: Lee Leighton
15115 SW Sequoia Parkway, Suite 150
Tigard, OR 97224
COMPREHENSIVE
PLAN
DESIGNATION: R-7; Single-Family, Medium-Density Residential.
ZONE: R-7 Medium Density Residential. The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family homes with or
without accessory residential units, at a minimum lot size of 5,000 square feet, and
duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and
subdivisions are also permitted outright. Some civic and institutional uses are also
permitted conditionally.
LOCATION: 14720, 14750, 14800 and 14850 SW 150th Avenue; WCTM 2S108AD, Tax Lots
1200, 1300, 1400, 1500, 1600 and 1700.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters, 18.370, 18.390, 18.430, 18.510 18.705,
18.715, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795, and 18.810, Bull
Mountain Community Plan.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVES the Subdivision request subject to certain conditions of approval, and DENIES the
Adjustment requests. The findings and conclusions on which the decision is based are noted in
Section VI of this Decision.
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SUB2004-00004 - FRENCH PRAIRIE VINEYARDS 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 commencin on-site improvements the applicant shall submit a final Tree Protection Plan
to the City Foresteror 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
ursuant 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.
5. Provide a re-vegetation and erosion plan prior to grading permits.
6. Provide a plan showin street trees that are in compliance with Section 18.745.040.C.2.C of
the Tigard Development Code.
7. Provide documentation that the proposed hammer-head at the end of SW Gavi has been
recorded in an easement across the Narver property.
8. Provide a plan showing an approved fire apparatus turn-around at the end of SW Burgundy Ct.
within a recorded easement across the adjoining Narver property.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
9. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is
required for this proLect to cover street improvements and any other work in the public
right-of-way (ROW). Eight L8) sets of detailedpublic improvement plans shall be submitted for
review to the Engineering uDepartment. NOTE: these plans are in addition to any drawings
required by the Building Division and should only include sheets relevaffTo-p-~I6lic 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 ( w.ci.tigard.or.us).
10. The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate entity who will be esignated 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 pprovide the name of the corporate contact person. Failure to provide accurate
information to the Engineering Department will delay processing of project documents.
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SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
11. 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.
12. The appt4icant's engineer shall submit preliminary sight distance certification for the intersection of
SW 150 Avenue and the proposed Burgundy Court, including a list of improvements required to
meet sight distance.
13. The applicant's plans shall show the vision clearance areas.
14. The applicant's proposed street names must be submitted to the Engineering department for
review and approval.
15. The applicant shall submit construction plans to the Engineering Department as a part of the
Public Facility Improvement permit, which indicate that they will construct a half-street
improvement along the frontage of 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 5 foot 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 150th Avenue in a safe
manner, as approved by the Engineering Department.
16. 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.
17. The applicant's PFI drawings shall indicate that Burgundy Court will have a 50 foot ROW and 28
foot paved section. The plans shall also include a -Traffic Flow Plan for review and approval in
order to meet the Skinny Street criteria.
18. The applicant's PFI drawings shall indicate that 149th Avenue and Gavi Road will have 46 foot
ROW and 24 foot paved section. The plans shall also include a Traffic Flow Plan, showing
parking on one side only, in order to meet the Skinny Street criteria.
19. A profile of 150th Avenue shall be required, extending 300 feet either side of the subject site
showing the existing grade and proposed future grade.
20. A profile of all interior streets shall be required, extending 300 feet either side of the subject site
showing the existing grade and proposed future grade.
21. No lots shall be permitted to have direct access onto 150th Avenue.
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SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
22. Lot 1 shall not have direct access onto Burgundy Court.
23. Lots 14 & 28 shall have their driveways placed more than 150 feet from the new east ROW line of
150th Avenue.
24. Lots 29 & 30 shall have their driveways placed as far east as possible along their Burgundy Court
frontage.
25. The applicant must obtain approval from Clean Water Services (CWS) for the proposed public
sanitary and storm sewer plan for the project. The plans shall include the extension of the public
sewer in 150th Avenue to the north property line or as dictated by CWS.
26. 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.
27. The applicant's construction plans shall show that they will upsize the public line in 150th Avenue
to a 12 inch line. Plan approval from the Water Department is required
28. The public water quality facility plan design shall be reviewed and approved by CWS and the City
prior to construction.
29. The applicant shall provide an on-site water quality facility as required by Clean Water Services
Design and Construction Standards (adopted by Resolution and Order No. 00-7). Final plans
and calculations shall be submitted to CWS for review and approval prior to issuance of the PFI
permit. In addition, a proposed maintenance plan shall be submitted along with the plans and
calculations for review and approval.
30. An erosion control plan shall be provided as part of the Public Facility Improvement Eesign FI) permit
drawings. The plan shall conform to the "Erosion Prevention and Sediment Control and
Planning Manual, February 2003 edition."
31. 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 lofs 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.
32. 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.
33. 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.
THE FOLLOWING CONDITION SHALL BE COMPLIED WITH AT ALL TIMES:
34. 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
NOTICE OF DECISION PAGE 4 OF 31
SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
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:
u mi to the Planning Department (Mathew c ei egger, 639-4111, ex t. or review an
approval:
35. Prior to final plat approval, 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.
36. Provide a plat name reservation approval from Washington County prior to final plat approval.
37. Record deed restrictions for all trees to remain located on the proposed parcels.
38. The applicant is required to place visual clearance triangles at all intersections on the final plat,
and a note on the final plat that reads, "A visual clearance area shall contain no vehicle, hedge,
pl ntinfit fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet
g
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
39. Prior to final plat approval, the applicant shall pay the addressing fee for all lots and tracts.
(STAFF CONTACT: Shirley Treat, Engineering).
40. 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. Thee description shall be tied to the
existing right-of--way centerline. The dedication document shall be on the plat.
41. The plat shall contain a restriction against direct access onto 150th Avenue from all of the
subdivision lots.
42. The plat shall contain a restriction against access from Lot 1 onto Burgundy Court.
43. Prior to approval of the final plat, the applicant shall pay $1,709.00 to the City for the striping of
the bike lane along the frontage of 150th Avenue.
44. The applicant shall either place the existing overhead utility lines alon SW 150th Avenue
underground as a art of this project, or the shall pay the fee in-lieu of und-ergroundingg.~ The fee
shall be calculatedby the frontage of the site that is arallel to the utility lines and will-be $35.00
per lineal foot. If the fee option is chosen, the amouriMill be $17,500.00 and it shall be paid prior
to final plat approval.
45. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to
the City's global positioning system (GPS) eodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to ggrid 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.
46. 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 fins) plat and data or narrative shall be drawn to the minimum standards set forth by
the Oregon Revised Statutes (OR192.05), Washington County and by the City of Tigard.
D. The right-of-way dedication for 150 Avenue shall be made on tine final plat.
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SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
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:
u mi to the Planning Department (Mathew c ei egger, 639-4111, ex t. or review an
approval:
47. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign
compliance agreement.
48. A protection plan for trees to remain and mitigation plan for 410 inches will be required prior to
building permits. If the applicant finds that additional trees can be saved, a new arborist report,
protection plan and mitigation plan are required.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
49. Prior to issuance of building permits, the a plicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final p(at.
50. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the
public improvements substantially complete. Substantial completion shall l5e 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).
51. Prior to issuance of building permits, the applicant shall provide the City with as-built drawings of
the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format,
if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the
City's GPS network. The applicant's engineer shall provide the City with an electronic file with
points for each structure (manholes catch basins, water valves, hydrants and other water system
features) in the development, and heir respective X and Y State Plane Coordinates, referenced
to NAD 83 (91).
52. The applicant's engineer shall provide final sigght distance certification for the intersections of
150th Avenue/Burgundy Court, Burgundy Court/"149th Avenue and 149th Avenue/Gavi Road.
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 i approva is certified on e final plat, and before approved construction plans are issued by
the City, the SSubdivider 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.
NOTICE OF DECISION PAGE 6 OF 31
SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
18.430.090 Bond:
As require by Section 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 A lication Submission Re uirements:
ree copies o e su ivision 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.
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 Re uired
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 utility 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.
NOTICE OF DECISION PAGE 7 OF 31
SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
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
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.
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 Proposal Description:
The app leant is requesting approval or a 30-lot subdivision of 5.70 acres with Adjustments to the
cul-de-sac length and block perimeter standards. All existing residences will be removed, excluding tax
lot 1300 and the existing residence which is located on proposed parcel #9.
Vicinit Information:
e propose evelopment lies within unincorporated Washington County between SW Bull Mountain
Road and SW Beef Bend Road and is accessed from SW 15101
500`` 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
No comments were received.
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:
NOTICE OF DECISION PAGE 8 OF 31
SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
A. Subdivision
18.430
B. Applicable Development Code Sections
18.370 (Variances an Adjustments)
18.510 Residential zoning districts)
18.705 Access, Egress and Circulation)
18.715 Density)
18.725 Environmental Performance)
18.730 Exceptions to Development Standards)
18.745 Landscaping and screening)
18.765 Off-street parking and loading requirements)
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
mpac 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. Street names will be
reviewed at the time preliminary plat is submitted. 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.
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.
Proposed parcel #9 within the subdivision is large enough to be re-divided. However, proposed
parcel #9 has a pre-existing home. Therefore, no future re-division is possible without removing the
existing structure. The adjoinin parcel to the northeast (Narver property) has been shown in the
future streets plan to be divided to meet minimum density in the future. However, like parcel #9, the
Narver property has a pre-exisiting home. Therefore, in order to meet minimum density, the existing
home would need to be removed. This standard has been satisfied.
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SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
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 minimum lot size allowed by the R-7 zoning district is 5,000 square feet. The above standard
allows lots to be reduced below the minimum lot size no less than 80 percent of the minimum lot size.
Therefore, no lot within the R-7 zoning district can be reduced below 4,000 square feet. The
applicant has shown two of the 30 proposed lots to be below 5,000 square feet (Lot #7, 4,843 sq. ft.,
and Lot #8, 4,847 sq. ft.). The average lot square for the proposed project is 5,6A square feet.
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 topography of the site, storm water is anticipated to leave the site and not cause flooding.
The elevation of the nearest floodplain is 130 feet. The elevation of the subdivision is 585 feet.
Storm drainage facilities are required and will be reviewed by Clean Water Services and also by the
City for conformance with design and construction standards as discussed later in this decision.
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- ear floodplain. The nearest floodplain is approximately
7,734 feet to the southeast. The elevation ofthe nearest floodplain is 130 feet. The elevation of the
proposed subdivision is 585 feet. 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. Therefore, this standard does not apply.
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).
Based on the FEMA flood maps, the site does not lie within a 100-year flood plain. 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:
NOTICE OF DECISION PAGE 10 OF 31
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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 adj*oining 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.
Section 18.430.060A. authorizes the ggranting of adjustments for subdivisions in accordance
with 18.430.050, provided that the application shall be made with a preliminary plat a plication
with the criteria for granting such adjustments are contained in Section 18.370.1
C
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.
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SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
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 Adjustments (18.37
1' e applicant as requested a variance to block perimeter standards (18.810.040) and cul-de-sac
length (18.810.030.L) for the proposed internal street (SW Burgundy Ct.).
The Director shall approve, approve with conditions, or deny a request for an adjustment to
the street improvement requirements, based on findings that the following criterion is
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.
After review of the applicant's future street plan, the proposed internal street system is approximately
1,160 lineal feet. The maximum block perimeter standard according to 18.810.040B.1 is 2,000 feet.
Therefore, the requested adjustment is not needed. The applicant has revised their proposed plans
to eliminate the cul-de-sac at the end of SW Burgundy. Therefore, requested adjustment to cul-de-
sac length is not needed.
FINDING: Based on the analysis above, the applicant's request for a variance to block perimeter
standards and cul-de-sac length is denied.
B- APPLICABLE TIGARD DEVELOPMENT CODE SECTIONS
Residential Zoning Districts 18.510
Lists he description o e residential Zoning District.
The site is located in the R-7: Medium-Density residential zoning district.
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 s .ft.
Average Minimum o Width
Detached unit lots 50 ft.
Duplex lots 50 ft.
Maximum Lot Coverage 80%
inimum 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.
aximum ei t t.
in imum 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.
NOTICE OF DECISION PAGE 12 OF 31
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The proposed lots range in size from 4,843 square feet to 11,844 square feet. The applicant has
proposed to average the lot sizes. The average lot size of the project is 5,656 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):
M05.030 (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 streets.
Public street access. All vehicular access and egress as required in Sections 18.705.030H and
13.705.0301 Shall connect directly with a public or private street approved by the City for public
use and shall be maintained at the required standards on a continuous basis.
All lots will directly access a public street. No private streets are proposed within the development.
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;
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.
This proposal is for a single-family development, this standard does not apply.
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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 emergenc 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 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 proposed 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.
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.
The applicant's engineer shall provide Preliminary Sight Distance certification along with a list of
improvements needed to meet sight distance for the intersection at 1501n Avenue/Burgundy Court.
This preliminary certification shall be included in the applicant's PFI submittal application. The
applicant's engineer shall provide Final Sight Distance certification uRon completion of street
improvements for the intersections at 150th Avenue/Burgundy Court, 149 Avenue/Burgundy Court
and 149 Avenue/Gavi Road. The vision clearance areas shall be clearly indicated on the PFI plans.
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.
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SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
The applicant did not address this section and Lots 1, 14, 28, 29 & 30 are impacted by this standard.
The driveways for Lots 14 and 28 shall be located further than 150 from the new ast ROW line of
150th Avenue. Lot 1 shall have it's driveway located as far north as possible on 149th Avenue and will
not be allowed a driveway onto Burgundy Court. Lots 29 and 30 shall have their driveways located
as far east as possible along their Burgundy Court frontage.
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.
While the existing driveways along 150th Avenue are located at spacing closer than 200 feet, the
applicant has proposed the street serving this site align with the existing Burgundy Street. Staff
agrees that this is the best and preferred location of a new street.
Minimum access re uirements for residential use. Vehicular access and egress for single-
family, up ex 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;
A hammerhead-confi ured, paved surface with each leg of the hammerhead having a
minimum depth of 401eet and a minimum width of 20 feet;.
The maximum cross slope of a required turnaround is 5%.
The applicant has indicated that a hammerhead will be provided at the end of proposed SW Gavi
Road. Proposed Burgundy Ct. is shown to terminate into the adjoining Narver property with an
eyebrow. The applicant has been conditioned under this chapter to provide an approved fire
apparatus turn-around in an easement at the end of SW Burgundy Ct. The applicant will also be
required to provide documentation that the proposed hammer-head at the end of SW Gavi also be
recorded in an easement across the Narver property. 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.
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SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
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 not
been met. If the applicant complies with the condition below, the standards will be met.
CONDITION:
Provide a plan showing an approved fire apparatus turn-around at the end of SW
Burgundy Ct.
Provide documentation that the proposed hammer-head at the end of SW Gavi has
been recorded in an easement across the Narver property.
Densit Computations and Limitations 18.71
ap er 13.715 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 (238,204 square feet),
61,690 square feet will be dedicated to public and private street right-of-ways. In addition,
5,377 square feet is encumbered by sensitive lands buffers and 11,844 square feet for the existing
home on proposed lot #9. This results in a net developable area of 159,293 square feet. Therefore,
the maximum number of lots ppermitted 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 29 new 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
oTie Tigard Municipal Code shall apply.
Visible Emissions. Within the commercial zoning 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.
Odors. The emissions of odorous gases or other matter in such quantities as to be readily
cle-Te-cfable at any point beyond the property line of the use creating the odors is prohibited. DEQ
rules for odors (340-028-090) apply.
Glare and heat. No direct or sky reflected glare, whether from floodlights or from high
temperature processes such as combustion or welding, which is visible at the lot line shall be
permitted, and; 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.
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SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
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 ina 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).
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;
The applicant has proposed a public street system from SW 150th Avenue with streets in excess of
150 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 indicated that street trees will be
included on the final construction drawings. Therefore, the applicant is required to provide a plan
showing street trees that are in compliance with Section 18.745.040.C.2.C of the Tigard Development
Code.
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.
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 indicated that all areas disturbed during construction of the site improvements will
be re-planted and/or covered per standards as established by Clean Water Services. Measures will
be implemented to reduce erosion of surface materials until homes are constructed and final
landscaping is placed. The applicant is required to provide a re-vegetation and erosion plan prior to
grading permits.
FINDING: Based on the analysis above, the Landscaping and Screening standards have not been
met. If the applicant complies with the conditions below, the standards will be met.
CONDITIONS:
Provide a re-vegetation and erosion plan prior to grading permits.
NOTICE OF DECISION PAGE 17 OF 31
SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
Provide a plan showing street trees that are in compliance with Section
18.745.040.C.2.C of the Tigard Development Code.
Off-Street Parkin and Loading Re uirements (18.765):
Chapter 18. 7 65, 1 ble 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.
Signs 18.780 :
ap er 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 conjunction 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. According to the arborist report, the total number of trees twelve inches in
diameter and larger is 33. However, the mitigation section of the Tigard Development Code only
requires trees "greater" than 12-inches to be included in the mitigation plan. Therefore, the total
number of trees "greater" than twelve inches is 26. The applicant is planning to remove 19 trees
viable for mitigation, which equal 410 inches. Therefore, 27 percent of the trees greater than 12-
inches in diameter are going to be retained. According to 18.790.030.13 (Tree Removal) the applicant
is required to submit a mitigation plan for no net loss of trees. However, if trees can be saved, the
applicant will be required to provide a new arborist report that verifies the health and safety of the
trees to be saved. Therefore, a protection plan for trees to remain and mitigation plan for 410 inches
will be required prior to building permits.
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 ofthis 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.
NOTICE OF DECISION PAGE 18 OF 31
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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.
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 ong-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.
NOTICE OF DECISION PAGE 19 OF 31
SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
A protection plan for trees to remain and mitigation plan for 410 inches will be
required prior to building permits. If the applicant finds that additional trees can be
saved, a new arborist report, protection plan and mitigation plan are required.
Record deed restrictions for all trees to remain located on the proposed parcels.
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 will be maintained by respective property owners of
the proposed lots on the corners of all street intersections within the proposed subdivision. To ensure
visual clearance, the applicant will place visual clearance triangles at all intersections on the final
plat, and a note on the final plat that reads, "a visual clearance area shall contain no vehicle, hedge,
planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in
height.
FINDING: Based on the analysis above, the visual clearance standards will be met, if the applicant
complies with the condition listed below.
CONDITION:The applicant is required to place visual clearance triangles at all intersections on the
final plat, and a note on the final plat that reads, "A visual clearance area shall contain
no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent
obstruction exceeding three feet in height."
C - STREET AND UTILITY IMPROVEMENTS STANDARDS (SECTION 18.810):
Street And Utilit Improvements Standards (Section 18.810)
Chapter 18.810 provides cons ruc ion standards or the implementation of public and private
facilities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be
improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a
portion of an existing street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Collector street to
have a 70-foot right-of-way width and 46-foot paved section. Other improvements required may
include on-streef parking, sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
This site lies adjacent to SW 150th Avenue, which is classified as 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 shall dedicate additional ROW to
provide 35 feet from centerline. The applicant shall also dedicate additional ROW to provide for the
radius at the intersection.
SW 150th Avenue is currently partially improved. In order to mitigate the impact from this
development, the applicant shall construct half-street improvements in accordance with the City's
standards.
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The applicant is proposing to construct three public, internal streets:
Burgundy Court is a proposed local street, terminating with a cul-de-sac. The applicant has proposed
a "Skinny Street Option" for <1000 vpd (vehicles per day). The required ROW for this option is 50
feet and the paved section is 28 feet from curb to curb. This section provides for parking on both
sides. The applicant has submitted a table that presents vehicle trips per day for the proposed
development and future build-out of adjacent properties. Based on future densities, it is expected that
total future trips will be approximately 480 vehicle trips per day. This meets the criterion for the
skinny street option proposed.
149th Avenue and Gavi Road are proposed "Skinny Streets" for <500 vpd. The required ROW for this
option is 46 feet and the paved section is 24 feet. This section provides for parking on one side only.
The vehicle trips, as estimated for future build-out, is approximately 480 vehicle trips per day, thus
meeting the skinny street criterion.
The applicant shall provide a traffic flow plan for these three streets with their PFI application. The
traffic flow plan is intended to show where parking will be allowed/prohibited and how traffic will flow
around parked cars. This plan will be reviewed for appropriate signing and striping.
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 submitted a future street plan that shows Burgundy Court becoming a knuckle corner
and extending north, intersected by an extension of Gavi Road. The plan also shows the extension of
the proposed 149th Avenue. There are sensitive land constraints to the east and existing development
that preclude extending the streets further to the east. Staff concurs with the proposed future street plan
layout.
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.
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.
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The applicant has originally proposed a cul-de-sac at the end of SW Burgundy. However, after
further review the applicant revised the plan to show a knuckle at the end of SW Burgundy in order to
assist in future development to the north. Therefore, this standard does not apply.
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 proposed vertical grades for all streets are less than 12%, thereby meeting this criterion.
Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a
development abuts or is traversed by an existing or proposed arterial or major collector street,
the development design shall provide adequate protection for residential properties and shall
separate residential access and through traffic, or if separation is not feasible, the design
shall minimize the traffic conflicts. The design shall include any of the following:
A parallel access street along the arterial or major collector;
Lots of suitable depth abutting the arterial or major collector to provide adequate
buffering with frontage along another street;
Screen planting at the rear or side property line to be contained in a non-access
reservation along the arterial or major collector; or
Other treatment suitable to meet the objectives of this subsection;
If a lot has access to two streets with different classifications, primary access should be
from the lower classification street.
No lots in this development will have direct access onto 150th Avenue, which is classified as a
Collector.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be
designed with due regard to providing adequate building sites for the use contemplated,
consideration of needs for convenient access, circulation, control and safety of street traffic and
recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.13.1 states that the perimeter of blocks formed by streets shall
not exceed 2,000 feet measured along the right-of-way line except:
Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre-existing development or;
For blocks adjacent to arterial streets, limited access highways, major collectors or
railroads.
For non-residential blocks in which internal public circulation provides equivalent access.
No blocks are being created with this application. The applicant has provided a future streets plan
that shows blocks to be created with future development. However, the future blocks will not exceed
1,200 lineal feet. Therefore, this standard does not apply.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public
easements or right-of-ways shall be provided when full street connection is not possible.
Spacing between connections shall be no more than 330 feet, except where precluded by
environmental or topographical constraints, existing development patterns, or strict
adherence to other standards in the code.
The applicant has provided a future circulation plan that demonstrates proposed streets to align to
meet block perimeter standards as future development occurs. Therefore, this standard does not
apply
Lots - Size and Shape: Section 18.810.060(A) rohibits lot depth from being more than 2.5 times
the average lot width, unless the parcel is Fess than 1.5 times the minimum lot size of the
applicable zoning district.
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The minimum lot size of the R-7 zoning district is 5,000 square feet. Based on the standard above, none
of the proposed parcels can be more than 2.5 time the average lot width unless they are less than 1.5
times the minimum lot size (7,500 square feet). None of the proposed buildable lots exceed 7,500
square feet. Therefore, this standard does not apply.
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.
Proposed parcel #10 has the least amount of frontage of any of the proposed lots (25 feet).
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's plans show that new sidewalk will be constructed along their 150th Avenue frontage
and on both sides of all interior streets.
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.
The applicant has shown the extension of a public sewer line from Cabernet Drive, northerly in 150th
Avenue to serve this development. The public line is extended within the proposed ROW of all
interior streets. The applicant will have to show how properties on the east side of 150th Avenue,
north of Burgungy Street, are served or will be served. The public sewer main may have to be
extended in 150 Avenue to the north property line to serve upstream parcels on the east side of
1501 Avenue.
The applicant shall submit the sewer plans to both the City of Tigard and Clean Water Services
(CWS). CWS will review and approve the plans for construction. The applicant shall provide the City
with an approved set of plans from CWS prior to issuance of the PFI permit.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make adequate provisions
for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.C states that a culvert or other
drainage facility shall be large enough to accommodate potential runoff from its entire
upstream drainage area, whether inside or outside the development. The City Engineer shall
approve the necessary size of the facility, based on the provisions of Design and Construction
Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services
in 2000 and including any future revisions or amendments).
The applicant shall submit plans to both the City of Tigard and CWS for review. The applicant will
have to address the upstream runoff from properties to the north.
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SUB2004-00004 - FRENCH PRAIRIE VINEYARDS 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.
Applicant shall contact CWS to determine if detention is required. The applicant shall submit plans to
both the City of Tigard and CWS for review. The applicant will have to submit an approved set of
plans from CWS prior to issuance of the PFI permit.
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.
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:
446 feet of 8-inch white stripe, at $2.50/lf $1,115.00
11 Mono-directional reflective markers @ $4.00/ea $ 44.00
2 Bike lane legends @ $175/ea $ 350.00
2 Directional mini-arrows (o$100/ea $ 200.00
7=
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 current TSP indicates that the bicycle lane shall be 6 feet wide along a Collector.
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:
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SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
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 500 lineal feet; therefore the fee would be $17,500.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
STANDARDS:
Public Water S stem:
e ,i y o agar provides water service in this area. The 6-inch public water line in 150th Avenue
must be upsized to a 12-Inch line along the frontage of this site. The applicant's design of the
upsizing will be reviewed and approved by the Engineering and Water Departments with the PFI
permit submittal.
Storm Water Qualit :
e i ,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 ercent of the phosphorus contained in 100 percent of the
storm water runoff generated frrom 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.
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.
NOTICE OF DECISION PAGE 25 OF 31
SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
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.
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 is required to obtain an NPDES 1200-C permit for this project.
Address Assignments:
e I y o 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
(lots and tracts) shall be assessed. This The shall be paid to the City prior to final plat approval.
Surve Requirements
e app ican s Ina pat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a
tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates can be
established by:
GPS tie networked to the City's GPS survey.
By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's
engineer shall provide the City with an electronic file with points for each structure (manholes, catch
basins, water valves, hydrants and other water system features in the development, and their
respective X and Y State Plane Coordinates, referenced to NAD 83 91).
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
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SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
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.
The applicant has provided an impact study addressing the project's impacts on public systems which
can be found in the land-use file under the tab, "Impact Statement". Any required street
improvements to certain collector or higher volume street s 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.
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 ofthis development, the future
builders of the residences will be required to pay TIF s totaling approximately $73,370 ($2,530 x 29
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
$229,281 ($73,370 divided by .32). The difference between the TIF paid and the full impact, is
considered as unmitigated impact. Since the TIF paid is $73,370, the unmitigated impact can be
valued at $155,911. Given that the estimated cost of the dedication and half-street improvements
along SW150th is $121,520 (ROW dedication = 7,440 sq. ft. x 3.00 + 496 feet), 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 an 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 French Prairie subdivision will be part of a future
street circulation that will eventually re-connect to SW 150 Avenue.
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
topographical maps, the majority of the subject property is not located in a steeply sloped area (25% or
greater). Slopes in excess of 25% have been located in the proposed open space tract in the
southeast corner of the project. Therefore, this standard has been satisfied.
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3. No grading, filling, clearing or excavation of any kind shall be initiated on steep slopes
until a grading plan: as defined in the Community Development Code, is approved.
Borrowing to obtain fill material shall be prohibited unless the material is obtained from a
cut permitted under an approved grading plan, or imported from outside the hillside area.
The final grading plan will show all proposed grading. Grading 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 property consists of previously developed residential properties containing single family
residences, accessory structures, equestrian facilities, and landscaped yard areas, which were in
existence at the time the Bull Mountain Community Plan was adopted in 1983. Most of the vegetation of
the existing yards on the subject site will be removed in order to create new parcels with new
landscaped yards. Based on the standard above, the applicant is required to provide a revegetation and
slope stabilization plan, which includes a schedule for revegetation after the area has been cleared.
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.
Information has been submitted by the applicant that shows the associated tax lots development history.
With reference to the "year built" information from Washington County Assessor records, all of the
subject parcels had been developed for residential use prior to the adoption of the Bull Mountain
Community Plan, which occurred in 1983. The above standard refers to properties in areas of "standing
trees". The construction dates of the existing homes make it clear that at the time the Bull Mountain
Community Plan was being considered, none of the subject parcels could correctly have been
considered to be an "area of standing trees." Therefore, this standard does not apply.
6. Streams, seasonal waterways and immediately adjacent riparian zones, as defined in the
Community Development Code, shall be preserved in their natural condition including
topography and vegetation. Where roads are required, bridges shall be preferred means
of crossing streams and waterways rather than infill and piping or channelization of water
flow.
There are no streams or seasonal waterways within the subject property. A drain sgeway flows south
through a tract adjacent to the eastern boundary of the subjject property. Proposed Tract B provides for
the required upland buffer adjacent to the feature. No road crossing of the existing stream is proposed.
This standard has been satisfied.
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.
NOTICE OF DECISION PAGE 28 OF 31
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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 Building Department has reviewed the proposal and has no objections to it.
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 offered the
following comments:
The eastern portion of the property has a lightly limit goal 5 designation. However, this
application will be reviewed prior to Goal 5 implementation, so no additional regulations apply.
Encourage protection of water habitat resources.
The City of Tigard Public Works Engineering Manager has reviewed the proposal and has offered
the following comments:
There is an existing 6-inch public water line located in SW 150th Avenue that will need to be
upsized to a 12-inch along the frontage of this site. The upsizing will need to be configured in
similar fashion as what was accomplished along the frontage of the Davis Place subdivision.
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 provisions for fire apparatus turn-arounds are acceptable.
2) When buildings are completely protected with an approved automatic fire sprinkler sWC m, the
requirements for fire apparatus access may be modified as approved by the Chief. 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. Epxceptions may be
allowed for approved automatic sprinkler system. (UFC Sec. 902.2.1)
4) 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)
5) 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)
SW 149th Terrace and SW Gavi Rd shall be posted as fire lanes on both sides of the streets.
SW Burgundy Ct shall be posted as fire lane on one side of the street.
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SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
6) 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)
7) The minimum number of fire hydrants for a building shall be based on the required fire flow prior to
giving credit for fire protection systems divided by 1500. If the answer is equal to or greater than
x.5 the next whole number of hydrants shall be used. There shall not be less than 2 hydrants per
building. (UFC Sec. 903.4.2.1)
Considerations for placing fire hydrants shall be as follows:
Existing hydrants in the area may be used to meet the required number of hydrants; however,
hydrants that are over 500 feet away from the nearest point of the subject building shall not
contribute to the required number of hydrants.
Hydrants that are separated from the subject building by railroad tracks shall not contribute to
the required number of hydrants.
Hydrants that are separated from the subject building by divided highway, freeway, or heavily
traveled collector streets shall not contribute to the required number of hydrants.
Hydrants that are accessible only by a bridge shall be acceptable to contribute to the required
number of hydrants only if approved by the Chief.
Private hydrants or public hydrants that are on adjacent private property shall not contribute to
the required number of hydrants for the subject building.
Exception: The use of hydrants located on other private property may be considered if their
locations and access are encumbered in a legal document (such as deed restriction) by the
owners of the involved parcels of pro erty. The encumbrance may be lifted only after
approvals by the Chief on behalf of the fire department and any other governmental agencies
that may require approval.
When evaluating the placement of hydrants at apartment or industrial complexes the first
hydrant(s) to be placed shall be at the primary access and any secondary access to the site.
After these hydrants have been placed other hydrants shall be sited to meet the above
requirements for spacing and minimum number of hydrants. (UFC Sec. 903.4.2.1.1)
8) 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)
9) Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access
roadway. (UFC Sec. 903.4.2.4)
lob 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) Required fire flow for rural buildings shall be calculated in accordance with National Fire
Protection Association Standard 1142. Please contact the Fire Marshal's Office for special help
and other requirements that will apply. (UFC Sec. 903.3)
13) 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)
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SUB2004-00004 - FRENCH PRAIRIE VINEYARDS SUBDIVISION
SECTION IX. PROCEDURE AND APPEAL INFORMATION
Notice:
o~tlce was posted at City Hall and mailed to:
X The applicant and owners
--T- Owner of record within the required distance
7- Affected government agencies
Final Decision:
EF- THIS DECISION IS FINAL ON SEPTEMBER 23, 2004 AND
EFFECTIVE ON OCTOBER 8, 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.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be
submitted by any party during the appeal hearing, subject to any additional rules of procedure that may
be adopted from time to time by the appellate body.
E=~ THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON OCTOBER 7, 2004.
Questions:
If yoke any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125
SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
September 23, 2004
PREPARED BY: Mathew c ei egger DAIE
Associate Planner
September 23, 2004
APPROVED BY: Richard ewers o
Planning Manager
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