SUB2004-00022 Decision - TREVOR RIDGE SUBDIVISION
NOTICE Of TYPE II DECISION
SUBDIVISION (SUB) 2004-00022 CITY OFTIGARD
Community Development
TREVOR RIDGE SUBDIVISION ShapingABetterCommunity
120 DAYS = 6110/2005
SECTION I. APPLICATION SUMMARY
"URBAN SERVICES AREA"
FILE NAME: TREVOR RIDGE SUBDIVISION
CASE NO.: Subdivision (SUB) SUB2004-00022
REQUEST: The applicant is requesting Subdivision approval for an 8-lot subdivision on a
1.34-acre parcel. The property currently contains one single-family residence that
will be removed.
APPLICANT: Taurus Development, LLC OWNER: Paul and Renee Giroux
19130 SW Alexander St. 14645 SW Beef Bend Rd.
Aloha, OR 97006 Tigard, OR 97224
APPLICANT'S
REP: SFA Design Group, LLC
920 Washington Square Drive, Suite 350
Portland, OR 97223
COMPREHENSIVE
PLAN
DESIGNATION: R-7; Single-Family, Medium-Density Residential.
ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family homes with or
without accessory residential units, at a minimum lot size of 5,000 square feet, and
duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and
subdivisions are also permitted outright. Some civic and institutional uses are also
permitted conditionally.
LOCATION: 14645 SW Beef Bend Road; WCTM 2S117AA, Tax Lot 02400. The parcel is
located north of Beef Bend Road, west of SW 146 Avenue at the stub of SW
Trevor Lane.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 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; and the Bull Mountain
Community Plan.
SECTION 11. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions of approval. The findings and conclusions
on which the decision is based are noted in Section VI of this Decision.
NOTICE OF DECISION PAGE 1 OF 35
SUB2004-00022 -TREVOR RIDGE SUBDIVISION
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE
IMPROVEMENTS, INCLUDING DEMOLITION, GRADING, EXCAVATION AND/OR FILL ACTIVITIES:
Submit tote Planning Department (Mathew c ei egger, 639-4171, ext. or review an
approval:
1. Provide a mitigation plan for a total of 170-inches.
2. 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).
3. 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.
4. 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.
5. Prior to final plat approval, the applicant/owner shall record a deed restriction to the effect that
any existing tree greater than 12' diameter may be removed only if the tree dies or is hazardous
according to a certified arborist. The deed restriction may be removed or will be considered
invalid if a tree preserved in accordance with this decision should either die or be removed as a
hazardous tree.
6. Submit a grading plan that includes a schedule for revegetation after areas have been cleared.
The required plan shall also include information regarding the techniques to be used to ensure
slope stabilization and minimal surface water runoff.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
7. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required
for this project to cover streets, utilities and any other work in the public right-of-way. Six (6) sets
of detailed public improvement plans shall be submitted for review to the Engineering
Department. NOTE: these plans are in addition to any drawings required by the Building Division
and should only include sheets relevant to public improvements. Public Facility Improvement
(PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which
are available at City Hall and the City's web page (www.ci.tiaard.or.us).
NOTICE OF DECISION PAGE 2 OF 35
SUB2004-00022-TREVOR RIDGE SUBDIVISION
8. The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate entity who will be designated as the "Permittee", and who will
provide the financial assurance for the public improvements. For example, specify if the entity is
a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is
incorporated and provide the name of the corporate contact person. Failure to provide accurate
information to the Engineering Department will delay processing of project documents.
9. The applicant shall provide a construction vehicle access and parking plan for approval by the
City Engineer. The purpose of this plan is for parking and traffic control during the public
improvement construction phase. All construction vehicle parking shall be provided on-site. No
construction vehicles or equipment will be permitted to park on the adjoining residential public
streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in
the construction of site improvements or buildings proposed by this application, and shall include
the vehicles of all suppliers and employees associated with the project.
10. The applicant shall submit construction plans to the Washington County as a part of the Facility
Permit, which indicate that they will construct a half-street improvement along the frontage of Beef
Bend Road. The improvements adjacent to this site shall include:
A. County standard pavement section for an Arterial street from curb to centerline equal to 25
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. 5 foot concrete sidewalk with a 4 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 Beef Bend Road in a
safe manner, as approved by the Engineering Department.
11. The applicant shall obtain a facility permit from the Department of Land Use and Transportation of
Washington County, to perform work within the right-of-way of Beef Bend Road. A copy shall be
provided to the City Engineering Department prior to issuance of a Public Facility Improvement
(PFI) permit.
12. 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 subdivision's proposed
street (SW Trevor Lane). Southwest Trevor Lane Improvements shall be designed and
constructed to local street standards providing a 50 foot ROW and 28 feet of pavement curb to
curb.
13. The applicant's construction plans shall show "No Parking This Side of Street" signs along one
side of Trevor Lane.
14. The applicant shall submit a Traffic Flow plan for this development.
15. A profile of Trevor Lane shall be required, extending 300 feet either side of the subject site
showing the existing grade and proposed future grade.
16. The applicant shall submit the profiles for the proposed future streets as shown in their Land Use
application.
17. No lots shall be permitted to access directly onto Beef Bend Road.
NOTICE OF DECISION PAGE 3 OF 35
SUB2004-00022-TREVOR RIDGE SUBDIVISION
18. The applicant shall submit sanitary sewer plans to CWS for review and approval.
19. The applicant shall submit storm sewer plans to CWS for review and approval.
20. The applicant shall coordinate the 16" water line extension in Beef Bend Road with the City's
Water Department. The construction drawings shall include this work for review and approval.
21. 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.
22. Final design plans and calculations for the proposed private water quality facility shall be
submitted to CWS for review and approval.
23. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit
drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and
Planning Manual, February 2003 edition."
24. The design engineer shall indicate, on the grading plan, which lots will have natural slopes
between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This
information will be necessary in determining if special grading inspections and/or permits will be
necessary when the lots develop.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
Submit tote Planning Department (Mathew c ei egger, 639-4171, ext. or review an
approval:
25. Remove all existing structures prior to recording the final plat.
26. Prior to final plat approval, 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.
27. The property owner/applicant and their assigns are responsible for complying with the following
requirement: The Project Arborist shall inspect the site at a minimum of every two weeks, and at
any time when intrusions into the TPZ are required. The project arborist shall submit written
reports to the City Forester a minimum of once every two weeks, as he monitors the construction
activities and progress. These reports shall include any changes that may have occurred to the
TPZ as well as indicate the condition and location of the tree protection fencing. If the amount of
TPZ was reduced, then the Project Arborist shall justify why the fencing was moved, and shall
certify that the construction activities to the trees did not adversely impact the overall and
long-term health and stability of the tree(s). If the reports are not submitted or received by the
City Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is
not being followed by the contractor, the City can stop work on the project until an inspection can
be done by the City Forester and the Project Arborist and appropriate remedies can be imposed,
if necessary. This inspection will be to evaluate the tree protection fencing, determine if the
fencing was moved at any point during construction, and determine if any part of the Tree
Protection Plan has been violated.
Submit to Washington County Land Development Services (Public Assurance Staff, Tracy
Stone/Joy Chang, 846-3843):
28. Completed "Design Option" form.
NOTICE OF DECISION PAGE 4 OF 35
SUB2004-00022 -TREVOR RIDGE SUBDIVISION
29. $3,000.00 Administration Deposit.
NOTE: Any portion of the Administration Deposit not used by Washington County for plan
approval, field inspections, and contract administration will be returned to the
applicant. If at any time during the project, the County's costs are higher than the
amount deposited, Washington County will bill the applicant the amount needed to
cover its costs.
30. A copy of the City's Land Use Approval with Conditions, signed and dated.
31. Two (2) sets of complete engineering plans for construction of the following public improvements:
A. Half-street improvement to an A-8 County standard along all SW Beef Bend Road
frontage.
B. Closure of all existing driveways to SW Beef Bend Road.
32. Obtain a Washington County Facility Permit upon completion of the following:
33. Obtain Engineering Division approval and provide a financial assurance for the construction of the
public improvements listed in conditions.
NOTE: The Public Assurance staff (Tracy Stone/Joy Chang/Kimberly Hoyt 503-846-
3843) of Land Development Services will send the required forms to the
applicant's representative after submittal and approval of items listed under I.A.,
above.
Please note that Washington County's "Facilit Permit" differs from an "Access
Permit". An Access Permit is tar less comprehensive in nature than the Facility
el' r it and its associated submittal, review, and monitoring processes. Access
Permits apply to non-complex land use cases in which the County requires
limited or no improvements of the developer. (Access permits are commonly
issued in cases requiring improvements as minimal as a single driveway cut to
an existing house). This ro ect is not current) eligible for an Access Permit.
The Facility Permit allows construction work within County rights-of-way and
permits site access only after the developer first submits plans and obtains
Washington County Engineering approval, obtains required grading and erosion
control permits, and satisfies various other requirements of Washington
County's Assurances Department including but not limited to execution of
financial and contractual agreements. This process ensures that the developer
accepts responsibility for construction of public improvements, and that
improvements are closely monitored, inspected, and built to standard in a timely
manner.
The following shall be represented on the plat and recorded with Washington County (Contact
Jamil Kamawal, Survey Division: 846-79334. Dedication of additional right-of-way to provide 45 feet from centerline of SW Beef Bend Road.
35. Provision of a non-access reservation along SW Beef Bend Road frontage.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642 for review and
approval:
36. Prior to final plat approval, the applicant shall pay an addressing fee. (STAFF CONTACT:
Shirley Treat, Engineering).
37. The applicant shall provide signage at the entrance of each shared flag lot driveway or private
street that lists the addresses that are served by the given driveway or street.
NOTICE OF DECISION PAGE 5 OF 35
SUB2004-00022 -TREVOR RIDGE SUBDIVISION
38. Additional right-of-way shall be dedicated to the Public along the frontage of Beef Bend Road to
increase the right-of-way to 45 feet from the centerline. The description shall be tied to the
existing right-of-way centerline. The dedication document shall be on City forms. Instructions are
availabe from the Engineering Department.
39. The applicant shall provide a non-access reservation along the SW Beef Bend Road frontage on
the plat.
40. The applicant shall cause a statement to be placed on the final plat to indicate that the shared
driveway will be jointly owned and maintained by the private property owners who abut and take
access from it.
41. The applicant shall either place the existing overhead utility lines along SW Beef Bend Road
underground as a art of this project, or they shall pay the fee in-lieu of undergrounding The fee
shall be calculatedby the frontage of the site that is parallel to the utility lines and will be $35.00
per lineal foot. If the fee option is chosen, the amount will be $6,195.00 and it shall be paid prior
to final plat approval.
42. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to
the City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates
can be established by:
GPS tie networked to the City's GPS survey.
By random traverse using conventional surveying methods.
43. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact
Planning/Engineering Permit Technicians, at (503) 639-4171, ext. 2421).
C. The final plal and data or narrative shall be drawn to the minimum standards set forth by
the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
D. The right-of-way dedication for Beef Bend Road and Trevor Lane shall be made on the
final plat.
E. NOTE: Washington County will not begin their review of the final plat until they receive
notice from the Engineering Department indicating that the City has reviewed the final plat
and submitted comments to the applicant's surveyor.
F. After the City and County have reviewed the final plat, submit two mylar copies of the final
plat for City Engineer signature (for partitions), or City Engineer and Community
Development Director signatures (for subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
Submit tote Planning Department (Mathew c ei egger, 639-4171, ext. 2437) or review an
approval:
44. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign
compliance agreement.
45. 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.
NOTICE OF DECISION PAGE 6 OF 35
SUB2004-00022 -TREVOR RIDGE SUBDIVISION
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
46. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
47. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the
public improvements substantially complete. Substantial completion shall be when: 1) all utilities
are installed and inspected for compliance, including franchise utilities, 2 all local residential
streets have at least one lift of asphalt, 3 any off-site street and/or utility improvements are
substantially completed, and 4) all street lights are installed and ready to be energized. (NOTE:
the City apart from this condition, and in accordance with the City's model home policy may issue
model home permits).
48. Prior to issuance of building permits, the applicant shall provide the City with as-built drawings of
the public improvements as follows: 1) 3 mill mylar, 2) a diskette of the as-builts in "DWG" format,
if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the
City's GPS network. The applicant's engineer shall provide the City with an electronic file with
points for each structure (manholes, catch basins, water valves, hydrants and other water system
features) in the development, and their respective X and Y State Plane Coordinates, referenced
to NAD 83 (91).
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:
Before City approval is certified on the final plat, and before approved construction plans are issued by
the City, the Subdivider shall:
1. Execute and file an agreement with the City Engineer specifying the period within which all
required improvements and repairs shall be completed; an
2. Include in the agreement provisions that if such work is not completed within the period specified,
the City may complete the work and recover the full cost and expenses from the subdivider.
The agreement shall stipulate improvement fees and deposits as may be required to be paid and may
also provide for the construction of the improvements in stages and for the extension of time under
specific conditions therein stated in the contract.
18.430.090 Bond:
As require y ection 18.430.080, the subdivider shall file with the agreement an assurance of
performance supported by one of the following:
1. An irrevocable letter of credit executed by a financial institution authorized to transact business in
the State of Oregon;
2. A surety bond executed by a surety company authorized to transact business in the State of
Oregon which remains in force until the surety company is notified by the City in writing that it
may be terminated; or
3. Cash.
The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a
registered civil engineer, to assist the City Engineer in calculating the amount of the performance
assurance.
The subdivider shall not cause termination of nor allow expiration of said guarantee without having first
secured written authorization from the City.
NOTICE OF DECISION PAGE 7 OF 35
SUB2004-00022-TREVOR RIDGE SUBDIVISION
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 Requirements-.!
Three copies o e subdivision plat 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 Required
Monument boxes conforming to City standards will be required around all centerline intersection points,
cul-de-sac center points, and curve points.
The tops of all monument boxes shall be set to finished pavement grade.
18.810 Street & Utility Improvement Standards:
18.810.120 Utilities
All 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.
18.810.130 Cash or Bond Re uired
All 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 Prere uisite
No land 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.
NOTICE OF DECISION PAGE 8 OF 35
SUB2004-00022-TREVOR RIDGE SUBDIVISION
18.810.180 Notice to City Required
Work shall not begin until the ity has been notified in advance.
If work is discontinued for any reason, it shall not be resumed until the City is notified.
18.810.200 En ineer's Certification
The land divider's engineer shall 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 History
Staff-conducted a search of City records and found no other land-use cases associated with the
subject parcel.
Site Information and Proposal Description:
The applicant is requesting u ivision approval for an 8-lot subdivision on a 1.34-acre parcel. The
parcel is located north of Beef Bend Road, west of SW 146th Avenue at the stub of SW Trevor Lane.
Vicinit Information:
e subject site is located on the north side of SW Beef Bend Road adjacent to the Fox Glove #2
subdivision. The zoning of the subject site and surrounding parcels is R-7 Medium Density
Residential.
SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET
The City sent notice to property owners within 500 feet of the subject proposal. The concerns of the
neighbors are as follows:
My property abuts the subject site to the north. We have very large trees and shrubs that divide
our property line with the subdivision. I want some guarantees that the grading and construction
of this subdivision will not harm these plants. There needs to be a tree protection plan in place
authorized by a certified arborist. If they are harmed in any way, I want a guarantee that the
developers will correct and return it to its original state, no matter the cost.
Staff Response:
The applicant has been conditioned in this decision to submit a final tree protection plan to
the City Forester which must include protection of trees in close proximity to the subject site.
If any tree is damaged due to construction activity, the developer is subject to a civi penalty
of up to $500 and is required to remedy any damage caused by the violation. Tree Code
violations incude:
1. Replacement of removed or damaged trees;
2. Payment of additional civil penalties 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.
In addition, damage to other property may be subject to a civil lawsuit.
NOTICE OF DECISION PAGE 9 OF 35
SUB2004-00022 -TREVOR RIDGE SUBDIVISION
SECTION V. SUMMARY OF APPLICABLE CRITERIA
A summary of the applicable criteria in this case in the Chapter order in which they are addressed in
this decision are as follows:
A. Subdivision
18.430
B. Applicable Development Code Sections
8~7501esl en la zoning districts)
18.705 Access, Egress and Circulation)
18.715 Density)
18.725 Environmental Performance Standards)
18.730 Exceptions to Development Standards)
18.745 Landscaping and screenin.9)
18.765 Off-street parking and loading requirements)
18.780 Signs)
18.790 Tree removal)
18.795 Vision clearance)
C. Street and Utilit Improvement
18.810 tree an Utility Improvement Standards)
D. Decision Makin Procedures
T 3~~ffipa~~y)
E. Bull Mountain Communit Plan
The proposal contains no elements related to the provisions of the following 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 (18.430):
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.
No large lots are created with the proposed subdivision. Lot seven is the largest lot in the subdivision
at 7:510 square feet and is not large enough to be subdivided under the 5,000 square foot minimum
lot size for the zone. Therefore, this standard is met.
Lot Averaging.
Section 18.430.020.D states Lot size may be averaged to allow lots less than the minimum lot
size allowed in the underlying zoning district as long as the average lot area for all lots is not
less than allowed by the underlying zoning district. No lot created under this provision shall
be less than 80% of the minimum lot size allowed in the underlying zoning district.
The applicant has proposed to use the lot averaging option. The average of all lots is 5,677 square
feet without including Tract A (water quality pond): The smallest lot is 4,730 square feet, which
exceeds 80% of the 5,000 square foot minimum lot size. This standard is met.
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.
NOTICE OF DECISION PAGE 10 OF 35
SUB2004-00022 -TREVOR RIDGE SUBDIVISION
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.
Storm drainage facilities will be reviewed by Clean Water Services and also by the City for
conformance with design and construction standards and is addressed later in this report under
engineering's analysis.
Floodplain dedications. Where land filling and/or development is allowed within and adjacent
to the 100-year floodplain outside the zero-foot rise floodway, the City shall require
consideration of the dedication of sufficient open land area for a greenway adjoining and
within the floodplain. This area shall include portions at a suitable elevation for the
construction of a pedestrian/bicycle pathway within the floodplain in accordance with the
adopted pedestrian bicycle pathway plan.
The site is not within nor adjacent to the 100-year floodplain. This standard is not applicable.
Need for adequate utilities.
All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical, and water systems located and constructed to minimize flood damage.
The subject site has a north/south slope with a water quality tract at the southern most portion of the
parent parcel. Utilities will be provided through easements branching from the proposed extension of
SW Trevor Lane to the north. As mentioned above, the site is not near any 100-year floodplain.
Therefore, this standard has been satisfied.
Need for adequate drainage.
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
damage.
The proposed development application includes a preliminary utilities plan and drainage report.
According to Kim McMillan, engineer with the City of Tigard, these documents provide for adequate
drainage through a storm water collection system to reduce exposure to flood damage.
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).
Base flood elevation data was not provided for the proposed subdivision. The proposed site is
approximately 1.34 acres. According to the standard, developments under five acres are exempt
from this criterion. Therefore, this standard does not apply and floodplain maps indicate clearly that
the subdivision is not near the floodplain.
A roval Criteria - Preliminar Plat:
The propose 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 it 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.
NOTICE OF DECISION PAGE 11 OF 35
SUB2004-00022-TREVOR RIDGE SUBDIVISION
The proposed plat name must not be duplicative and must otherwise satisfy the provisions of
ORS Chapter 92.
The applicant has provided documentation that the proposed plat name is not a duplicative.
Therefore, this standard has been satisfied.
The Streets and roads are laid out so as to conform to the plats of subdivisions and maps of
major partitions or subdivisions already approved for adjoining property as to width; general
direction and in all other respects unless the City determines it is in the public interest to modify
the street or road pattern.
SW Trevor Lane is currently unimproved along the length of the proposed subdivision. The
continuation of SW Trevor Lane, which serves all eight of the proposed lots, will be constructed to
City of Tigard minimum local street standards including a 46-foot right-of-way and a 28-foot paved
section as conditioned by the City Engineer in this Decision. In order to mitigate for the impact from
this development, the applicant should construct half-street improvements providing a minimum of 28
feet of paved surface area, a six inch curb, and a five foot side walk and six foot planter on either side
of SW Trevor Lane. See Preliminary Plat Sheet 1 for details. The applicant has shown SW Trevor
Lane to extend to the west end of the property for the future development of the adjoining parcel,
which will be reviewed at time of application. Therefore, this standard has been satisfied.
An explanation has been provided for all common improvements.
The applicant's narrative provides the necessary explanation for all common improvements.
Therefore, this standard has been satisfied.
Section 18.430.060A. authorizes the granting of adjustments for subdivisions in accordance
with 18.430.050, provided that the application shall be made with a preliminary plat application
with the criteria for granting such adjustments are contained in Section 18.370.020 C1.
The applicant has not requested any adjustments. Therefore, this standard does not apply.
FINDING: Based on the analysis above, the subdivision standards have not been satisfied. If the
applicant complies with the conditions listed below, the standard will be met.
CONDITIONS:
Prior to final plat approval, 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.
B. APPLICABLE TIGARD DEVELOPMENT CODE SECTIONS
Residential Zoning Districts (18.510)
Lists the description e residential Zoning District.
Uses
The site is located in the R-7: Medium-Density residential zoning district. The proposed household
living is a permitted use in the R-7 zone.
Minimum and Maximum Densities
Density is addressed later in this decision under 18.715 (Density Computation).
NOTICE OF DECISION PAGE 12 OF 35
SUB2004-00022-TREVOR RIDGE SUBDIVISION
The R-7 zoning district has the following dimensional re uirements:
STANDARD R-7
Minimum Lot Size
Detached unit 5,000 sq. ft.
Duplexes 10,000 s .ft.
Average Minimum Lot Width
Detached unit lots 50 ft.
Duplex lots 50 ft.
Maximum Lot Coverage 80%
Minimum Setbacks
Front yard 15 ft.
Side facing street on corner & through lots 10 ft.
Side yard 5 ft.
Rear yard 15 ft.
Side or rear yard abutting more restrictive zoning district 30 ft.
Distance between property line and front of garage 20 ft.
Maximum Height 35 ft.
Minimum Landscape Requirement 120%
[1] Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping.
The proposed lots range in size from 4,730 square feet to 7,510 square feet. However, the average lot
size for the overall subdivision is 5,677 square feet (lot size averaging allows lots to drop to a minimum
of 4,000 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~cc iress and Circulation (18.705)
~iapter 18.705 establishes standards and regulations for safe and efficient vehicle access
and egress on a site and for general circulation within the site. Table 18.705.1 states that the
minimum vehicular access and egress for single-family dwelling units on individual lots shall
be one, 10-foot paved driveway within a 15-foot-wide accessway. The minimum access width
for 3-6 dwelling units is 20 feet with 20 feet of pavement.
Access and egress to each lot created by the proposed subdivision would be directly onto SW Trevor
Lane. The Preliminary Plat shows that Proposed Lot seven and eight are flag lots with a 25-foot
frontage on SW Beef Bend Road containing a 20-foot (at its greatest width) access easement to SW
Trevor Lane. Therefore, the access and egress standard has been met.
Access plan requirements.
No building or other permit shall be issued until scaled plans are presented and approved as
provided by this chapter that show how access, egress and circulation requirements are to be
fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with
detailed information about this submission requirement.
Scaled site plans have been submitted that indicate how the requirements of access, egress, and
circulation are met.
Joint access.
Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the
same access and egress when the combined access and egress of both uses, structures, or
parcels of land satisfies the combined requirements as designated in this title, provided:
Satisfactory legal evidence shall be presented in the form of deeds, easements, eases or
contracts to establish the joint use; and Copies of the deeds, easements, leases or contracts
are placed on permanent file with the City.
NOTICE OF DECISION PAGE 13 OF 35
SUB2004-00022 - TREVOR RIDGE SUBDIVISION
Joint access has been proposed for lots #7 and #8 through a 15-foot access (20 at its greatest width)
with ten feet of pavement. The applicant has indicated that a maintenance agreement for the upkeep
of the driveway will be prepared and turned into the City. Therefore, this standard has been satisfied.
Public street access.
All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall
connect direct)y 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 SW Trevor Lane which is a public street. Therefore, this standard has
been satisfied.
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.
Required walkway location. On-site pedestrian walkways shall comply with the following
s an ar s:
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 a ress. Walkways shall provide convenient
connections between buildings in multi-buildng 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 crossing
shall be designed and located for pedestrian safety. Required walkways shall be physically
separated from motor vehicle traffic and pparking 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 t6n 36 feet if appropriate
landscap)ng, pavement markings, or contrasting, pavement materials are used. Walkways shall
be a minimum of four feet in width, exclusive oT 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 detached single-family development, this standard does not apply.
Inadequate or hazardous access.
Apjplications for building permits shall be referred to the Commission for review when, in the
opinion of the Director, the access proposed would cause or increase existing hazardous
traffic conditions; or would provide inadequate access for emergency vehicles; 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 a public street. Tualatin Valley Fire
and Rescue and Tigard Police have been notified of the proposed subdivision and have not indicated
a hazard. The proposed extension of SW Trevor Lane will be required to meet City design standards.
The Director has not determined that Planning Commission review is necessary for buildin 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.
NOTICE OF DECISION PAGE 14 OF 35
SUB2004-00022-TREVOR RIDGE SUBDIVISION
Direct individual access to arterial or collector streets from single-family dwellings and duplex
lots shall be discouraged. Direct access to major collector or arterial streets shall be
considered only if there is no practical alternative way to access the site.
The proposed single-family lots will have access via a proposed public street (SW Trevor Lane) which
will connect to SW Beef Bend Road which is an arterial. 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.
This criterion does not apply to the proposed single-family dwellings.
Access Management Section 18.705.030.H)
ection sates 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 ODOI-,
Washington County, the City and AASHTO.
The applicant's engineer has submitted an Access Report, dated 02-02-05, for this development.
The engineer states that the proposed design of streets and driveways are safe. Washington
County's Transportation Review has no additional requirements for access management as it
pertains to this standard.
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.
No driveways are located within the influence area of collector or arterial street intersections. This
criterion is met.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along
a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial
shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet.
This development does not propose streets or driveways along Beef Bend Road, an Arterial. This
criterion is met by providing all lots access internally to Trevor Lane.
Minimum access requirements for residential use.
Vehicular access and egress for single-family, duplex or attached single-family dwelling units
on individual lots and multi-family residential uses shall not be less than as provided in Table
18.705.1 and Table 18.705.2;
The 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.
NOTICE OF DECISION PAGE 15 OF 35
SUB2004-00022-TREVOR RIDGE SUBDIVISION
Private residential access drives shall be provided and maintained in accordance with the
provisions of the Uniform fire Code;
There are no residential drives that will be subject to Uniform Fire Code requirements.
Section 18.705.030.H.4 states that Access drives in excess of 150 feet in length shall be
provided with approved provisions for the turning around of fire apparatus by one of the
following: a circular, paved surface having a minimum turn radius measured from center
point to outside edge of 35 feet or a hammerhead-configured, paved surface with each leg of
the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet. The
maximum cross slope of a required turnaround is 5%.
No access is greater than 150 feet in length. The proposed joint access to lots #7 and #8 is
approximately 8 feet in length. Therefore, this standard does not apply.
FINDING: Based on the analysis above, the Access, Egress and Circulation standards have been
met.
Densit Com utations and Limitations:
aper 18.715 implements the omprehensive 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 (58,440 square feet), 11,674
square feet will be dedicated to public and private street right-of-ways. This results in a net
developable area of 46,766 square feet. Therefore, the maximum number of lots permitted on this
site based on 5,000 square foot lots is nine, and the minimum number of lots is seven. The
applicant's proposal to build eight lots for single-family detached homes meets the minimum density
requirements of the R-7 zone. The applicant will be required to remove the existing home prior to the
recording of the final plat.
FINDING: Based on the analysis above, the Density Standards have not been satisfied. If the
applicant complies with the condition below, the standard will be met.
CONDITION: Remove all existing structures prior to recording the final plat.
Environmental performance standards (18.725):
These standards require that federal and state environmental laws, rules and regulations be applied
to development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates:
Noise, visible emissions, vibration and odors.
Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210
oT-tfi-eTigard municipal Code shall apply.
Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning
~stric , ere sfi-a-11 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 to in any given zoning district which is discernible without instruments at the property
line of the use concerned.
NOTICE OF DECISION PAGE 16 OF 35
SUB2004-00022 -TREVOR RIDGE SUBDIVISION
Odors. The emissions of odorous gases or other matter in such quantities as to be readily
e-Fe-c able 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.
Insects and rodents. All materials including wastes shall be stored and all grounds shall be
maintains 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
Tigard's' Code Enforcement Officer.
FINDING: The Environmental Performance standards are met.
Landscaping and Screening (18.745:
ec ion saes a existing vegetation on a site shall be protected as much as
possible. The developer shall provide methods for the protection of existing vegetation to
remain during the construction process; and the plants to be saved shall be noted on the
landscape plans (e.g. areas not to be disturbed can be fenced, as in snow fencing which can
be placed around individual trees).
The applicant has proposed to extend SW Trevor Lane, a public street approximately 173 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.C. The applicant has provided a tree plan that shows Zelkova
Serrata (Green Vase) as street trees. According to the City's Street Tree list, Zelkova Serrata are
considered larae sized trees. Therefore, the proposed trees cannot be spaced any greater than 40
feet apart. The submitted plans show the proposed street trees to be planted 30 feet apart, which
meets the spacing requirements of Section 18.745.040.C.2.b of the Tigard Development Code.
Section 18.745.040.C 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. This section also contains specific standards for spacing of
street trees as follows:
Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall
be spaced no greater than 20 feet apart;
Medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be
spaced no greater than 30 feet apart; and
Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no
greater than 40 feet apart;
As mentioned above, the applicant has proposed planting Zelkova Serrata (Green Vase) as street
trees which are medium sized trees planted 30 feet apart. Therefore, this standard has been
satisfied.
Section 18.745.050 contains the provisions and requirements for buffering and screening.
The Buffering and Screening Matrix (Section 18.745.1) does not require buffering or screening when
a single-family detached residential use is proposed adjacent to existing detached single-family
dwellings. Therefore, this section does not apply.
NOTICE OF DECISION PAGE 17 OF 35
SUB2004-00022-TREVOR RIDGE SUBDIVISION
Section 18.745.060 contains the provisions for re-vegetation where natural vegetation has
been removed through grading. Such areas are to be replanted as set forth in this section to
prevent erosion after construction activities are completed.
The applicant has not indicated how removal of natural vegetation will be minimized. Therefore, the
applicant is required to submit a grading plan that includes a schedule for revegetation after areas have
been cleared. The required plan shall also include information regarding the techniques to be used to
ensure slope stabilization andpminimal surface water runoff.
FINDING: Based on the analysis above, the landscaping and screening standards have not been
met. If the Applicant complies with the condition below, the standards will be met.
CONDITION: Submit a grading plan that includes a schedule for revegetation after areas have been
cleared. The required plan shall also include information regarding the techniques to be
used to ensure slope stabilization and minimal surface water runoff.
Off-Street Parking and Loading Requirements (18.765):
trap er .765, Table 18.765.requires a 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 1
Chapter 15.786 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 ensure compliance and 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):
Tree plan required.
A tree plan for the planting, removal and protection of trees prepared by a certified arborist
shall be provided for any lot, parcel or combination of lots or parcels for which a development
application for a subdivision, Partition, site development review, planned development or
conditional use is filed. Protection is preferred over removal wherever possible.
Plan requirements.
The tree plan shall include the following:
1. Identification of the location, size and species of all existing trees including trees
designated as significant by the city;
2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in
caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in
accordance with the following standards and shall be exclusive of trees required by other
development code provisions for landscaping, streets and parking lots:
NOTICE OF DECISION PAGE 18 OF 35
SUB2004-00022 - TREVOR RIDGE SUBDIVISION
a. Retention of less than 25% of existing trees over 12 inches in caliper requires a
mitigation program in accordance with Section 18.790.060D of no net loss of trees;
b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that
two-thirds of the trees to be removed be mitigated in accordance with Section
18.790.060D;
C. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50
percent of the trees to be removed be mitigated in accordance with Section
18.790.060D;
d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation.
3. Identification of all trees which are proposed to be removed;
4. A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
As required, the applicant submitted a tree plan that was prepared by a certified arborist. The plan
contains all four of the required components of a tree plan, and, is therefore, acceptable.
The applicant has submitted a tree inventory prepared by the arborist. The tree inventory indicates
that there are 27 trees on site 6" in diameter or greater. Of these 27, nine trees are greater than 12
inches in diameter. According to the arborist, two of the trees greater than 12-inches are hazardous
and are not counted in the mitigation calculation. The applicant states in the narrative that two
additional trees greater than 12-inches are not counted in the mitigation calculation because they are
right-of-way trees in the dedication area of Beef Bend Road. The dedication of right-of-way is
considered part of development. Therefore, the applicant must provide a mitigation plan for a total of
170-inches.
FINDING: Based on the analysis above, the Tree Removal standards can be met, provided the
applicant complies with the conditions listed below:
CONDITIONS:
Provide a mitigation plan for a total of 170-inches.
• 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:
NOTICE OF DECISION PAGE 19 OF 35
SUB2004-00022 -TREVOR RIDGE SUBDIVISION
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.
Record deed restrictions for all trees to remain located on the proposed parcels.
Vision Clearance:
Chapter M 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, plantin , fence, wall structure, signs, or temporary or permanent obstruction
exceeding three feet in height.
The applicant has indicated the vision clearance areas on the street layout plan (sheet #1) and has
not proposed any structures (including retaining walls) or vegetation in the vision clearance areas
over three feet.
FINDING: Because no structures are currently proposed in the vision clearance area and all future
buildings will be reviewed for compliance during the building permit phase, this standard
has been satisfied. The applicant has additionally been conditioned to provide a post
construction sight distance certification previously in this decision.
C - STREET AND UTILITY IMPROVEMENTS STANDARDS (SECTION 18.810):
Street And Utilitv Improvements Standards (Section 18.810L.
Chapter provides construction sn ar s or We -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.
NOTICE OF DECISION PAGE 20 OF 35
SUB2004-00022 - TREVOR RIDGE SUBDIVISION
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 an Arterial street to
have a 90 foot right-of-way width and 50-foot paved section. Other improvements required may
include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
This site lies adjacent to SW Beef Bend Road, which is classified as an Arterial by Washington
County and on the City of Tigard Transportation Plan Map. At present, there is approximately 30 feet
of ROW from centerline, according to the most recent tax assessor's map The applicant should
dedicate the additional ROW to provide for 45 feet from centerline. The applicant shall also provide a
non-access reservation along the SW Beef Bend Road frontage on the plat.
SW Beef Bend Road is currently partially improved. In order to mitigate the impact from this
development, the applicant should construct half-street improvements according to Washin ton
County standards. These improvements shall include 25 feet of pavement from centerline, curb, 4
foot planter strip and 5 foot sidewalk. The applicant shall apply for and obtain a Washington County
Facility Permit for all work within the ROW of Beef Bend Road.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Local street to have
a 54 foot right-of-way width and 32-foot paved section. Other improvements required may
include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
The applicant has proposed to provide a "Skinny" street option for the extension of Trevor Lane. The
right-of-way dedication proposed is 46 feet. The existing ROW for Trevor Lane to the east is 40 feet
wide. The applicant has indicated in the narrative that with future development the expected trips will be
120 VPD. The proposed development plans to the west however would indicate that the trips on Trevor
Lane would be on the order of 430 VPD.
The existing portion of Trevor Lane is 28 feet wide. The proposed Skinny street would only provide 24
feet of paving from curb to curb. Staff does not support reducing the pavement width as the road is
extended to serve this site and development to the west. Staff is requiring the applicant to revise the
plans to provide a 50 foot ROW and 28 foot paved section. This is still a reduction to the standard street
and ROW widths, which provides for up to 500 VPD, having a minimal impact on the proposed
development.
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
fhe boundarrv 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 roperty owners
which shall not be removed until authorized by the City Engineer, the cost o 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 provided a future street plan that shows how streets might be extended through
properties to the west and north. Staff agrees that this is a reasonable horizontal alignment, but the
applicant must submit a profile of the proposed future street system shown in the application. The
profiles must be submitted for review with the PFI application. The proposed improvements to Trevor
Lane will terminate at the west property line and a barricade will be constructed at this location.
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.
NOTICE OF DECISION PAGE 21 OF 35
SUB2004-00022 - TREVOR RIDGE SUBDIVISION
Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which
abut a development site shall be extended within the site to provide through circulation when
not precluded by environmental or topographical constraints, existing development patterns
or strict adherence to other standards in this code. A street connection or extension is
precluded when it is not possible to redesign, or reconfigure the street pattern to provide
required extensions. Land is considered topographically constrained if the slope is greater
than 15% for a distance of 250 feet or more. In the case of environmental or topographical
constraints, the mere presence of a constraint is not sufficient to show that a street
connection is not possible. The applicant must show why the constraint precludes some
reasonable street connection.
The extension of Trevor Lane through this site can easily be extended to serve future development to
the west.
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 grades of Trevor Lane do not exceed 12%, according to the applicant's plans, 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 mayor collector to provide adequate
buffering with frontage along another street;
Screen planting at the rear or side property line to be contained in a non-access
reservation along the arterial or major collector; or
♦ Other treatment suitable to meet the objectives of this subsection;
♦ If a lot has access to two streets with different classifications, primary access should be
from the lower classification street.
This development abuts Beef Bend Road, which is classified as an Arterial. No lots shall have direct
access to Beef Bend Road. All access will be to Trevor Lane, which is parallel to Beef Bend Road.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be
designed with due regard to providing adequate building sites for the use contemplated,
consideration of needs for convenient access, circulation, control and safety of street traffic and
recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall
not exceed 1,800 feet measured along the right-of-way line except:
♦ Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre-existing development or;
♦ For blocks adjacent to arterial streets, limited access highways, major collectors or
railroads.
For non-residential blocks in which internal public circulation provides equivalent
access.
No blocks are created with this application. If and when the adjoining parcel to the west develops,
and SW Trevor Lane was extended to re-intersect with SW Beef Bend Road, the perimeter of the
block would be approximately 975 feet in length. Therefore, this standard does not apply.
NOTICE OF DECISION PAGE 22 OF 35
SUB2004-00022 -TREVOR RIDGE SUBDIVISION
Section 18.810.040.13.2 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.
Based on the analysis above, this standard does not apply.
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times
the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the
applicable zoning district.
The largest of the proposed parcels is 7,510 square feet, which is 1.502 times the average lot size. The
parcel is 85 feet in width and 85 feet in length. Therefore, none of the proposed lots are more than 2.5
times the average lot width. This standard has been satisfied.
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public
or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies,
which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide
recorded access easement. In cases where the lot is for an attached single-family dwelling unit,
the frontage shall be at least 15 feet.
Proposed parcel #8 has the least amount of frontage onto a public street (25.07 feet on Beef Bend
Road). 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 indicate they will construct sidewalks and planter strip along the Beef Bend
Road frontage in accordance with Washington County standards. The plans also indicate sidewalks
and planter strips will be constructed along both sides of the Trevor Lane extension, thereby meeting
this criterion.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each
new development and to connect developments to existing mains in accordance with the
provisions set forth in Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 1996 and including any future revisions
or amendments) and the adopted policies of the comprehensive plan.
Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include
consideration of additional development within the area as projected by the Comprehensive
Plan.
The applicant's plans indicate they will construct a public sewer to serve this site. The sewer will
connect to the existing sewer in Beef Bend Road. This development is within the Clean Water
Services (CWS) area. The applicant shall submit plans for review and approval to CWS.
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).
NOTICE OF DECISION PAGE 23 OF 35
SUB2004-00022 -TREVOR RIDGE SUBDIVISION
The applicant must submit stormwater plans to CWS for review and approval prior to beginning
construction.
Effect on Downstream Drainage: Section 18.810.100.13 states that where it is anticipated by
the City Engineer that the additional runoff resulting from the development will overload an
existing drainage facility, the Director and Engineer shall withhold approval of the
development until provisions have been made for improvement of the potential condition or
until provisions have been made for storage of additional runoff caused by the development in
accordance with the Design and Construction Standards for Sanitary and Surface Water
Management (as 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.
Detention may be required. The applicant shall submit plans to CWS for review and approval prior to
beginning construction.
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.
Beef Bend Road is a bicycle facility. Washington County has indicated that the applicant shall
provide a 6 foot bicycle lane.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes
and meter cabinets which may be placed above ground, temporary utility service facilities
during construction, high capacity electric lines operating at 50,000 volts or above, and:
The developer shall make all necessary arrangements with the serving utility to provide
the underground services;
The City reserves the right to approve location of all surface mounted facilities;
All underground utilities, including sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surfacing of the streets; and
Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.C states that a developer
shall pay a fee in-lieu of under-grounding costs when the development is proposed to take
place on a street where existing utilities which are not underground will serve the
development and the approval authority determines that the cost and technical difficulty of
under-grounding the utilities outweighs the benefit of under-grounding in conjunction with the
development. The determination shall be on a case-by-case basis. The most common, but
not the only, such situation is a short frontage development for which under-grounding would
result in the placement of additional poles, rather than the removal of above-ground utilities
facilities. An applicant for a development which is served by utilities which are not
underground and which are located across a public right-of-way from the applicant's property
shall pay a fee in-lieu of under-grounding.
NOTICE OF DECISION PAGE 24 OF 35
SUB2004-00022 - TREVOR RIDGE SUBDIVISION
There are existing overhead utility lines along the frontage of SW Beef Bend Road. 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 177 lineal feet; therefore the fee would be $6,195.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
STANDARDS:
Traffic Std Findin s:
The applicant's engineer provided additional information regarding the Skinny Street option proposed
for Trevor Lane. The engineer indicates that the number of trips expected to use Trevor Lane is 120
pper day. The basis of this assumption is their proposed future streets plan. A proposed development
to the west shows a much different street layout which would direct approximately 350 vehicle trips
per day to Trevor Lane. This is due to the County not allowing an access to Beef Bend Road from
the adjacent development because of access spacing standards. While the development to the west
has not submitted their formal application, its is expected that the County will not allow another street
connection to Beef Bend Road between 146" and 150 Avenues.
Public Water SS /stem:
The applicant s' plans indicate they will serve this development from the existing line in Trevor Lane.
The applicant has also shown a 16" line to be constructed in Beef Bend Road. The City of Tigard
WaterDepartment is requiring this 16" line to be extend to the west end of this develo ent. The
cost of this 16" line will be shared by the developer and the City's Water Department. The applicant
shall work with the Water Department on an approved design and include this work in the PFI
application.
Storm Water Qualit :
The Ciit as agree to enforce Surface Water Management (SWM) regulations established by
Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and
Order No. 00-7) which require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 _percent of the phosphorus contained in 100 percent of the
storm water runoff generated om 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. The applicant shall revise the calculations to meet
the current CWS Design Standards, which do no allow a credit for existing impervious surface area.
In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and
approved by CWS prior to construction.
Gradin and Erosion Control:
UWS Design an ons ruc ion 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.
NOTICE OF DECISION PAGE 25 OF 35
SUB2004-00022-TREVOR RIDGE SUBDIVISION
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.
Address Assi nments:
The City o' Igar is responsible for assigning addresses for parcels within the City of Tigard and
within the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per address
shall be assessed. This fee shall be paid to the City prior to final plat approval.
The developer will also be required to provide signage at the entrance of each shared flag lot
driveway or private street that lists the addresses that are served by the given driveway or street.
This will assist emergency services personnel to more easily find a particular home.
Survev Reauiremenis
TFie applicant's final plat shall contain State Plane Coordinates [NAD 83 (911 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 18.390.040 sates that the applicant shall provide an impact study to quantify the
effect of development on public facilities and services. The study shall address, at a
minimum, the transportation system including bikeways, the drainage system, the parks
system, the water system, the sewer system, and the noise impacts of the development. For
each public facility system and type of impact, the study shall propose improvements
necessary to meet City standards, and to minimize the impact of the development on the
public at large, public facilities systems, and affected private property users. In situations
where the Community Development Code requires the dedication of real property interests,
the applicant shall either specifically concur with a requirement for public right-of-way
dedication, or provide evidence that supports the conclusion that the real property dedication
requirement is not roughly proportional to the projected impacts of the development.
Section 18.390.040 states that when a condition of approval requires the transfer to the public
of an interest in real property, the approval authority shall adopt findings which support the
conclusion that the interest in real property to be transferred is roughly proportional to the
impact the proposed development will have on the public.
Any required street improvements to certain collector or higher volume streets and the Washington
County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development.
Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan
II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new
development on the Collector and Arterial Street system. Presently, the TIF for a detached,
single-family dwelling is $2,690.
NOTICE OF DECISION PAGE 26 OF 35
SUB2004-00022 - TREVOR RIDGE SUBDIVISION
The internal streets within the subdivision are needed to allow the subdivision to develop and the
need for these streets is created by the subdivision. Because the need for the internal streets is
created by the development, the impact of the development is direct) proportional to the cost of
dedication and construction of the internal streets. Upon completion of this development, the future
builders of the residences will be required to pay TIF's totaling approximately $21,520 ($2,690 x 8
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
$67,250 ($21,520 divided by .32). The difference between the TIF paid and the full impact, is
considered as unmitigated impact. Since the TIF paid is $21,520, the unmitigated impact can be
valued at $45,730. Given that the estimated cost of the dedication and half-street improvements
along SW Beef Bend Road is $43,121, 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 - esim emen :
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 Trevor Ridge Subdivision will be an extension of SW
Trevor Lane. Trevor Lane is considered a local street. The proposed extension will abut the adjoining
parcel to the west for future development. Southwest Trevor Lane is approximately 196 feet north of SW
Beef Bend Road. Therefore, Trevor Lane does not directly align with any other major roadway. This
standard has been satisfied.
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. There are no
slopes on the site that are greater than 20 percent. Therefore, tFiis standard has been satisfied.
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 revegetation after areas have been cleared, shall be
included with the required grading plan. Revegetation shall be completed before October
15 of the year of construction, or a temporary treatment shall be required sufficient to
prevent erosion prior to the rainy season
NOTICE OF DECISION PAGE 27 OF 35
SUB2004-00022-TREVOR RIDGE SUBDIVISION
The applicant has been conditioned under 18.745 (Landscaping and Screening) to submit a grading
plan that includes a schedule for revegetation after areas have been cleared. The required plan shall
has been conditioned to include information regarding the techniques to be used to ensure slope
stabilization and minimal surface water runoff. Therefore, this standard has been satisfied.
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.
With reference to the "year built" information from Washington County Assessor records, the subject
parcel was developed for residential use prior to the adoption of the Bull Mountain Community P an,
which occurred in 1983. The above standard refers to properties in areas of "standing trees . The
construction date of the existing home (1949) makes it clear that at the time the Bull Mountain
Community Plan was being considered, the subject parcel could not have correctly 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 or adjacent to the subject
property. Therefore, this standard does not apply.
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 sub1'ect proposal area. The Bonneville Power Easement
is approximately 2,000 feet to the east of this site. This element is not applicable.
8. This Design element refers to Area of Special Concern 1, which is not within the project
area. Therefore, this element does not apply.
9. This Design element refers to Area of Special Concern 2, which is not within the project
area. Therefore, this element does not apply.
10. This Design element refers to Area of Special Concern 3, which is not within the project
area. Therefore, this element does not apply.
FINDING: Based on the analysis above, the standards of the Bull Mountain Community Plan have
been satisfied.
SECTION VII. OTHER STAFF COMMENTS
City of Tigard Forester has reviewed the proposal and has offered the following comments.
LANDSCAPING AND SCREENING
18.745.030.C, Installation Requirements The installation of all landscaping shall be as follows:
NOTICE OF DECISION PAGE 28 OF 35
SUB2004-00022 -TREVOR RIDGE SUBDIVISION
All landscaping shall be installed according to accepted planting procedures.
The plant material shall be of high grade, and shall meet the size and grading standards of the
American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and any other future revisions);
and Landscaping shall be installed in accordance with the provisions of this title.
The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These
guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting
guidelines as well as the standards set forth in the American Institute of Architects' Architectural
Graphic Standards, 10thh edition. In the Architectural Graphic Standards there are guidelines for
selecting and planting trees based on the soil volume and size at maturity. Additionally, there are
directions for soil amendments and modifications.
In order to develop tree species diversity onsite it is recommended that the following guidelines be
followed:
No more than 30% of any one family be planted onsite.
No more than 20% of any one genus be planted onsite.
No more than 10% of any one species be planted onsite.
18.745.030.E Protection of Existing Landscaping. Existing vegetation on a site shall be
protected as much as possible:
The developer shall provide methods for the protection of existing vegetation to remain
during the construction process; and
The plants to be saved shall be noted on the landscape plans (e.g., areas not to be
disturbed can be fenced, as in snow fencing which can be placed around the individual
trees).
See comments under "Tree Removal".
18.745.030.E Conditions of Approval of Existin Ve etation. The review procedures and
standards or require landscaping an screening s a e specified in the conditions of
approval during development review and in no instance shall be less than that required for
conventional development.
See recommended conditions of approval at the end of this memorandum.
18.745.040 Street Trees
Protection o existing vegetation. All development projects fronting on a public street,
private street or a private driveway Fiore than 100 feet in length approved after the adoption of
this title shall be required to plant street trees in accordance with the standards in Section
18.745.040.C.
The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These
guidelines follow those set forth by the international Society of Arboriculture (ISA) tree planting
guidelines as well as the standards set forth in the American Institute of Architects' Architectural
Graphic Standards, 10th edition. In the Architectural Graphic Standards there are guidelines for
selecting and planting trees based on the soil volume and size at maturity. Additionally, there are
directions for soil amendments and modifications.
In order to develop tree species diversity onsite it is recommended that the following guidelines be
followed:
No more than 30% of any one family be planted onsite.
No more than 20% of any one genus be planted onsite.
No more than 10% of any one species be planted onsite.
NOTICE OF DECISION PAGE 29 OF 35
SUB2004-00022-TREVOR RIDGE SUBDIVISION
2. TREE REMOVAL
18.790.030, Tree Plan Requirement
A. Tree plan required. A tree plan for the planting, removal and protection of trees
prepare by a cer tr ie ar orist shall be provided for any lot, parcel or combination of lots or
parcels for which a development application for a subdivision, partition, site development
review, planned development or conditional use is filed. Protection is preferred over removal
wherever possible.
B. Plan requirements. The tree plan shall include the following:
1. Identification f the location, size and species of all existing trees including trees
designated as significant by the city;
2. Identification of a program to save existing trees or mitigate tree removal over 12 inches
in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in
accordance with the following standards and shall be exclusive of trees required by other
development code provisions for landscaping, streets and parking lots:
a. Retention of less than 25% of existing trees over 12 inches in caliper requires a
mitigation program in accordance with Section 18.790.060D of no net loss of
trees;
b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires
that two-thirds of the trees to be removed be mitigated in accordance with
Section 18.790.060D;
C. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires
that 50 percent of the trees to be removed be mitigated in accordance with
Section 18.790.060D;
d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation.
3. Identification of all trees which are proposed to be removed;
4. A protection program defining standards and methods that will be used by the applicant
to protect trees during and after construction.
As required, the applicant submitted a tree plan that was conducted by Walt Knapp. The plan
contains all four of the required components of a tree plan, and, is therefore, acceptable.
I recommend the developer look into ways to preserve trees 172 and 191.
If you have any questions please call me anytime. Thank you for requesting my comments on this
project.
City of Tigard Residential Plans Examiner has reviewed the proposal and has no objection to it.
City of Tigard Police Department has reviewed the proposal and has offered the following
comment.
1. ecommend a monument sign at foot of "Trevor Lane" to identify house umbers for lot six,
seven, and eight.
SECTION VIII. AGENCY COMMENTS
Tualatin Valley Fire and Rescue has reviewed the proposal and has offered the following
comments:
NOTICE OF DECISION PAGE 30 OF 35
SUB2004-00022 -TREVOR RIDGE SUBDIVISION
FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access
roads shall be within 150 feet o a portions o the exterior wall o the first story o the building as
measured by an approved route around the exterior of the building. An approved turnaround is
required if the remaining distance to an approved intersecting roadway, as measured along the fire
apparatus access road, is greater than 150 feet.
DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be
provided with an approved turnaround.
FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION:
When buildings are completely protected with an approve automatic ire sprinkler system, the
requirements for fire apparatus access may be modified as approved by the fire code official.
FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus
access roads shahave an unobstructed width o no less an 20 feet feet or up to two dwellingg
units and accessory buildings), and an unobstructed vertical clearance of not less than 13 feet 6
inches. Where fire apparatus roadways are less than 26 feet wide, "NO PARKING" signs shall be
installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus
roadways are more than 28 feet wide but less than 32 feet wide, "NO PARKING" signs shall be
installed on one side of the roadway and in turnarounds as needed. Where fire apparatus roadways
are 32 feet wide or more, parking is not restricted.
FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on
a ire appara is access road, the minimum road width shall be 26 feet.
TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 28
feet an ee respectively, measured from the same cen ter point.
GRADE: Fire apparatus access roadway grades shall not exceed 10 percent. Intersections and
G arounds shall be level (maximum 5%) with the exception of crowning for water run-off. When fire
sprinklers are installed, a maximum grade of 15% may be allowed. The approval of fire sprinklers as
an alternate shall be accomplished in accordance with the provisions of ORS 455.610(5).
GATES: Gates securing fire apparatus roads shall comply with all of the following:
inl~7f imum unobstructed width shall be 16 feet, or two 10 foot sections with a center post or island.
Gates serving one- or two-family dwellings shall be a minimum of 12 feet in width.
Gates shall be set back at minimum of 30 feet from the intersecting roadway.
Gates shall be of the swinging or sliding type
Manual operation shall be capable by one person
Electric gates shall be equipped with a means for operation by fire department personnel
Locking devices shall be approved.
SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for
singe family dwellings an up exes serve y a municipal water supply shall be 1,000 gallons per
minute. If the structure( is (are) 3,600 square feet or larger, the required fire flow shall be
determined according to IC Appendix B.
FIRE HYDRANTS - ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES:
Where a portion o a structure is more than 600 feet from a y ran on a ire apparatus access road,
as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and
mains shall be provided.
FIRE HYDRANT NUMBER AND DISTRIBUTION: The minimum number and distribution of fire
hydrants available to a building shall no be less an that listed in Appendix C, Table C 105.1.
Considerations for placing fire hydrants may be as follows:
Existing hydrants in the area may be use to meet a required number of hydrants as approved.
Hydrants that are up to 600 feet away from the nearest point of a subject building that is protected
with fire sprinklers may 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 unless approved by the fire code official.
NOTICE OF DECISION PAGE 31 OF 35
SUB2004-00022 -TREVOR RIDGE SUBDIVISION
Hydrants that are separated from the subject building by divided highways or freeways shall not
contribute to the required number of hydrants. Heavily traveled collector streets only as approved by
the fire code official.
Hydrants that are accessible only by a bridge shall be acceptable to contribute to the required number
of hydrants only if approved by the fire code official.
FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more
an 15 ee rom an approve tire appara us access roadway.
REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of
reflective markers. The markers s a e 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
ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire
apparatus access roadways an fire fighting water supplies shall be installed an operational prior to
any combustible construction or storage of combustible materials on the site.
Washington County Department of Land Use and Transportation has reviewed the proposal and
offered the following comments:
1. The minimum access spacing standard for SW Beef Bend Road is 600 feet, measured
between access points on each side of the road as required by Resolution and Order 86-95
and Section 501-8.5.13 of the Community Development Code. Access to SW Beef Bend Road
must therefore be restricted to meet this spacing standard.
2. According to the applicant's submittal, no access is proposed to SW Beef Bend Road.
3. Consistent with statewide pedestrian circulation/linkage goals of the Transportation Planning
Rule and the County's R&O 86-95 (road safety requirements), the County normally requires
sidewalk installation as a minimum road safety improvement along site frontage of all County-
maintained roads. Sidewalks further establish future street profiles, demarcate County or City
right-of-way, and addressed drainage issues. Sidewalk requirements are not generally
waived, even when sidewalk is not currently present on neighboring properties. Rather, even
non-contiguous sidewalk is considered to provide some measure of pedestrian refuge and
ideally, makes possible eventual connection of sidewalks (as surrounding development takes
place and is likewise conditioned to provide sidewalk).
4. Section 501-8.1.C. (of "Critical Services") of the Washington County Community Development
Code requires provision of adequate drainage.
5. The statewide Transportation Planning Rule requires provision for adequate transportation
facilities in order for development to occur. Accordingly, the County has classified roads and
road segments within the County system based upon their function. The current
Transportation Plan (regularly updated) contains adequate right-of-way, road width and lane
provision standards based upon each roadway's classification. Subject right of way is
considered deficient if half-width of the existing right-of-way does not meet that determined
necessary within the County's current transportation plan.
6. Section 418-2.2 and 501-8.4 of the Washington County Community Development Code require
dedication of additional right-of-way along site frontage of a County road when existing right-of-
way is deficient.
IMPORTANT:
Road improvements required along site frontage shall apply to frontage of all land within the subject
site that abuts the County roadway. The subject site s hall be considere-6to include: any lot or
parcel to be partitioned or otherwise subdivided (regardless of whether it contains existing structures
or not); and any contiguous lots or parcels that constitute phases of the currently proposed
development.
NOTICE OF DECISION PAGE 32 OF 35
SUB2004-00022 -TREVOR RIDGE SUBDIVISION
If the applicant proposes to develop the project in phases, all County-required frontage improvements
must be constructed with the first phase. In addition, off-site improvements warranted by the first
phase must also be completed with the first phase.
1. PRIOR TO FINAL APPROVAL OF THE SUBDIVISION PLAT BY THE CITY OF TIGARD:
A. Submit to Washington County Land Development Services (Public Assurance Staff,
Tracy Stone/ Joy Chang, 846-3843):
1. Completed "Design Option" form.
2. $3,000.00 Administration Deposit.
NOTE: Any portion of the Administration Deposit not used by Washington
County for plan approval, field inspections, and contract administration WIT be
returned to the applicant. If at any time during the project, the County's costs are
higher than the amount deposited, Washington County will bill the applicant the
amount needed to cover its costs.
3. A copy of the City's Land Use Approval with Conditions, signed and dated.
4. Two (2) sets of complete engineering plans for construction of the following
public improvements:
a. Half-street improvement to an A-8 County standard along all SW Beef
Bend Road frontage.
b. Closure of all existing driveways to SW Beef Bend Road.
B. Obtain a Washington County Facility Permit upon completion of the following:
1. Obtain Engineering Division approval and provide a financial assurance for the
construction of the public improvements listed in conditions
NOTE: The Public Assurance staff (Tracy Stone/Jo Chan /Kimberly Hoyt 503-
846-3843) of Land Development Services wii send the required forms to
the applicant's representative after submittal and approval of items listed
under I.A., above.
Please note that Washington County's "Facilit Permit" differs from
an "Access Permit". An Access Hermit is tar less comprehensive in
nature an the aci i y Permit and its associated submittal, review, and
monitoring processes. Access Permits apply to non-complex land use
cases in which the County requires limited or no improvements of the
developer. (Access permits are commonly issued in cases requiring
improvements as minimal as a single driveway cut to an existing house).
This project is not currently eligible for an Access Permit.
The Facility Permit allows construction work within County rights-of-way
and permits site access only after the developer first submits plans and
obtains Washington County Engineering approval, obtains required
grading and erosion control permits, and satisfies various other
requirements of Washington County's Assurances Department including
but not limited to execution of financial and contractual agreements. This
process ensures that the developer accepts responsibility for construction
of public improvements, and that improvements are closely monitored,
inspected, and built to standard in a timely manner
C. The following shall be represented on the plat and recorded with Washington County
(Contact Jamil Kamawal, Survey Division: 846-7932):
NOTICE OF DECISION PAGE 33 OF 35
SUB2004-00022 -TREVOR RIDGE SUBDIVISION
1. Dedication of additional right-of-way to provide 45 feet from centerline of SW
Beef Bend Road.
2. Provision of a non-access reservation along SW Beef Bend Road frontage.
11. PRIOR TO OCCUPANCY:
A. The road improvements required in condition above shall be completed and accepted
by Washington County.
Requirements identified within this letter are considered by the County to be minimum warranted
improvements (and/or analyses) that are necessitated by the proposed development, therefore it is
requested that they be conveyed to the applicant within the City's Approval document. Before the
City issues its Final Notice of Decision, please allow the County to review and acknowledge a draft of
the City's conditions regarding access to SW Beef Bend Road. Additionally, please send a copy of
the subsequent Final City Notice of Decision and any appeal information to the County. Thank you
for the opportunity to comment.
SECTION IX. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
___X_ Owner of record within the required distance
-X--- Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON APRIL 15 2005 AND
EFFECTIVE ON APPRIL 30, 2005 UNLESS AN APPEAL IS FILED.
Appeal:
Th-e-Mr-ector's Decision is final on the date that it is mailed. Any party with standing as provided in
Section 18.390.040.6.1. may appeal this decision in accordance with Section 18.390.040.6.2. of the
Tigard Community Development Code which provides that a written appeal together with the required
fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was
mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City
Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be
submitted b any partyy during the appeal hearing, subject to any additional rules of procedure that may
be adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON APRIL 29, 2005.
NOTICE OF DECISION PAGE 34 OF 35
SUB2004-00022 - TREVOR RIDGE SUBDIVISION
Questions:
If you have any questions, please call the City of Tigand Planning Division, Tigard City Hall, 13125
SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
G~ April 15, 2005
PREPARE~O B/Y:- ew S 'degger DATE
Associate Planner
April 15, 2005
APPROVED BY: I'lichard Bewerff DATE
Planning Maer
i:Xcurpln\mathew\sub\sub2004-00022 (Trevor Ridge)\sub2004-00022 decision.doc
NOTICE OF DECISION PAGE 35 OF 35
SUB2004-00022 -TREVOR RIDGE SUBDIVISION
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