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SUB2005-00020 Decision - KRAMER's MEADOW SUBDIVISION NOTICE OF TYPE II DECISION SUBDIVISION (SUB) 2005-00020 r~ KRAMEWS MEADOW SUBDIVISION 120 DAYS = 6/7/2006 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: KRAMEWS MEADOW SUBDIVISION CASE NOS.: Subdivision (SUB) SUB2005-00020 Adjustment VAR VAR2006-00010 Adjustment OAR) VAR2006-00011 tment VAR2006-00012 ustment VAR2006-00013 Adjustment AR VAR2006-00014 Adjustment AR VAR2006-00015 Adjustment AR VAR2006-00016 Adjustment AR VAR2006-00017 REQUEST: The ap Rcant requests Subdivision approval to divide a 2.81 acre parcel into seventeen (17) single-fparnily lots ranging in size from 4,575 to 5,185 square feet (5084 square foot average). nitional)y, Adjustments are requested for seven (7driveways within 150 of SW Bull Mountain Road (a collector and for the 200-foot spacing standard for streets intersecting a collector for the proposed SW 153rd Avenue. There are currently 3 single-family residences on the subject site that will be removed upon development. APPLICANT: Palmer & Associates OWNER. Kenneth Brvan & Susan M. Steward Attn: JerryPalmer 15330 SWgull Mountain Rd. 9600 SW Oak Street, Suite 230 Tigard, OR 97224 Tigard, OR 97223 OWNER Wendolyn D. and Bernard C. Kramer OWNER Richard R. and Diane M. Wright 15300 SW Bull Mountain Rd. 15350 SW Bull Mountain Rd. Tigard, OR 97224 Tigard, OR 97224 ZONE: R-7: Low Density Residential District. The R 7 zoning district is designed to accommodate detached single-famil homes with or without accessory residential units at a minimum lot size of 5,000 square ~eet. Duplexes are also permitted and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 15300/15330/15350 SW Bull Mountain Road; WCTM 2S108AB, Tax Lots 1600/1601/1605/1700. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810; and the Bull Mountain Community Plan. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee. has APPROVED the above subdivision request subject to certain conditions of approval. The adjustment to street improvement standards has been APPROVED. The findings and conclusions on which the decision is based are noted in Section VI of this Decision. NOTICE OF DECISION PAGE 1 OF 32 SUB2005-00020 - XPUMEXS MEADOW SUBDIVISION CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ANY ONSITE WORK INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES (ISSUANCE OF THE SITE PERMIT): e app scant shall prepare a cover letter an submit it, along with anyy supppportingg ocuments an or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: GARY PAGENSTECHER 503-639-4171 EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to site world the applicant shall submit a statement that describes the method of site re-vegetation to prevent erosion after construction activities are completed. 2. The applicant shall submit a street tree plan for the private street, showingg street trees according to the size and spacing standards of Section 18.745.040 of the Tigard Development Code. 3. Prior to commencing site work, the applicant shall submit securi in the form of cash or other form approved by the City for the equivalent value of mitigation required (486 caliper inches). If additional trees are preserved through the subdivision improvements and construction of houses, and are properly rotected through these stages by the same measures afforded to other protected trees on site, the amount ofthe cash assurance may be correspondingly reduced. Any trees planted on the site or off site in accordance with 18.790.060 (D) will be credited against the security, for two years followin final plat approval. After such time, the applicant shall pay the remaining value of the cash assurance as a ee in lieu of planting. 4. Prior to issuance of any Certificates of Occupancy, the applicant/owner shall record a deed restriction to the effect that any existing tree reater than 12' diameter may be removed only if the tree dies or is hazardous according to a certifiJ 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. 5. Prior to commencing any site work, the applicant shall submit construction drawings that include the approved Tree Removal Protection and Landscape Plan. The plans shall also include a construction sequence including imtaffation and removal of tree protection devices, clearing, grading, and paving. Only those trees identified on the approved Tree Removal plan are authorized for removal by this decision. Any tree that is located on property adjacent to the construction project that will have more than 15% of its root system disturbed by construction activities shall also be protected. 6. Prior to commencing any site work, the applicant shall establish fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Forester for the pu~p ose of monitoring and inspection of the tree protection to verify that the tree protection measures are perfo uing adequately- Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 7. Prior to any Certificates of Occupancy, the applicant shall ensure that the Project Arborist has submitted written reports to the City Forester, at least, once every two weeks, from initial tree protection zone ('IPZ) fencing installation, through building construction, as he monitors the construction activities and progress. These reports must be provided to the City Forester until the time of the issuance of any Certificates of Occupancy. The reports shall include an changes that occurred to the TPZ as well as the condition and location o} the tree protection fencing. I the amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall certify that the construction activities to the trees did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted or received by the qty 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 b the City Forester and the Project Arbonst. This inspection will be to evaluate the tree protection fencing, determine if the fencing was moved at any point during construction, and determine if any part of the Tree Protection Plan has been violated. NOTICE OF DECISION PAGE 2 OF 32 SLTB2005-00020 - KRAMEXS MEADOW SUBDIVISION 8. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the location of the trees that were preserved on the lot, location of tree protection fencing, and a signature of approval from the project arborist regarding the placement and construction techniques to be employed in building the house. All proposed protection fencun shall be installed and inspected pri or to commencing construction, and shall remain in place th 12 the duration of home building. After approval from the City Forester, the tree protection measures maybe removed. The a plicant shall prepare a cover letter and submit it, along with any su ortin~gg documents and/or plans that address the }ollwin requirements to the ENGINEERING PSEPAR.TMENT, ATTN: -KIM MCMILLAN 503-639-4171, XT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 9. The applicant's engineer shall submit, with the PFI permit application, a revised preliminary sight distance certification based on 47 mph. The engineer may also provide current speed data and sight distance certification based on the new data. 10. Prior to commencing onsite improvements a Public Facility Improvement (PFI) permit is required for this project to cover half-street .improvements Q any other work i the public right-of-way. Six (6 sets of detailed public ~snprovement plans shall be submitted for review to the Engmeenng Department. N~TE: these plans are in addition to any drawings required by the Buildin Division and should only include sheets relevant to public improvements. Public Facility Improvement (PF permit plans shall conform to City of Tigard Public public Design Standards, which are available at City Hall and the Guy's web page (wwwtigar -or.gov). 11. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who wiIl provide the financial assurance for the public improvements. For e)pmple, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and prove the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 12. The applicant shall provide a construction vehicle access and parking plan for approval by the qty Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. 13. Any necessary off-site utility easements shall be the responsibility of the applicant to obtain and shall be submitted to and accepted bythe City prior to issuance of a building pemnit. 14. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct ahalf-street improvement along the frontage of Bull Mountain Road. The improvements adjacent to this site shall include: A, City standard pavement section for a Collector street from curb to centerline equal to 23 feet; B. pavement topers needed to tie the new improvement back into the existing edge of pavement shall be built beyondthe site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface - runoff' E. 6 foot concrete sidewalk with a 5 foot planter strip; F. street trees. in the planter strip spaced per TDC requirements; G. street stripng; H streetlight layout by applicant's engineer, to be approved by City Engineer, I. underground utilities; street signs (if ap licable); driveway apron (ir applicable)); and L. adjustments in vertical and/or horizontal alignment to construct SW Bull Mountain Road in a safe manner, as approved by the Engineering Department. 15. The applicant's plans shall be revised to provide for a 5 foot planter strip between the curb and sidewalk at all locations along the public ROW. NOTICE OF DECISION PAGE 3 OF 32 SUB2005-00020 - KRAMER'S MEADOW SUBDIVISION 16. The applicant's Public Facility Improvement permit construction drawings. shall indicate that full width street improvements for 1534 Avenue, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street trees, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements IN be designed and constructed to local street standards. 17. Lots 1 & 17 shall not be permitted to access directly onto Bull Mountain Road. 18. The applicant's plans shall indicate that the driveways for lots 1-4 and 15-17 shall be placed as far south as possible from the intersection of 153rd Avenue/Bull Mountain Road. 19. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street(s) shall meet the City's public street standard for a local residential street. 20. The applicant shall provide sanitary sewer to the east end of the Bull Mountain Road frontage. The permit from CWS shall be issued prior to issuance of the PFI permit. 21. The applicant's plans sha-lered, ovide a turnaround at the end of the private street. The turnaround will not be required if lots 6-9 are spas required by TVFR 22. The applicant's plans shall be revised to provide the radii necessary on the private street to allow its use as a turnaround at the end of 153' Avenue for the fire department. The plans must be reviewed and approved by TVFR and City Engineering staff. 23. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and aLP roved by the City's Water Department, as a part of the Engineerin% Department plan review. NOTE: 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. 24. The a~ppplicant shall provide an on-site water quality/quantity f acility as required by Clean Water Services Design and C onstruction Standards (adopted by Resolution and Order No. 00-7). Final plans and calculations shall be submitted to Clean Water Services for review and approval prior to issuance of the PFI permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 25. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall co orm. to the Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 26. A final grading plan shall be submitted showing the existin% 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 dram awa from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. 27. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: e alp scant s a pre are a cover letter an submit it, along with any supppportingg ocuments and/or plans that address the following requirements to the ENGINEERING DEIsARTMENT, ATTN: KIM MCMILLAN 503-639-4171, E 2642. The cover letter shall clearly identify where in the submittal the required information is found: 28. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart, Engineering). NOTICE OF DECISION PAGE 4 OF 32 SUB2005-00020 - KRAMER'S MEADOW SUBDIVISION 29. The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served bythe given driveway or street. 30. The applicant shall cause a statement to be placed on the final plat that prohibits direct access onto Bull Mountain. Road, except at the approved public street location. 31. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street(s) will be jointly owned and maintained by the private property owners who abut and take access from it (them). 32. Prior to approval of the final plat, the ap licant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded tenth theinal plat, that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street(s). The applicant shall submit a copy of the ms's to the Engineering Department (Kim McMillan) prior to approval of the final plat. 33. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. 34. Prior to final plat approval, the applicant shall pay $1129.00 to the City for the striping of the bike lane along the frontage of Bull Mountain Road. 35. The applicant's final pplat shall contain State Plane Coordinates on two monuments with a tie to the City's global positionin system (GPS).geodetic control network (GC 22). These monuments shall be on the same line and shall be o 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. 36. Final Plat Application Submission Requirements: A Submit for City review four (4) pa er copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check ~n the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext. 2421). C The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05} Washington County, and bythe City of Tigard. D. The right-of-way dedication for Bull Mountain Road, providing 35 feet from centerline, shall be made on the f final pplat. E. NOTE: Washin on County will not begin their review of the final plat until they receive notice from the Engineering seppartment indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City andpCounty have reviewed the final plat, submit two mylar copies of the final plat for qty Engineer st nature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). 37. intersections of'BuR orunt fain Rthe oadp53'd Avenue and 153rd Avenue/Private gst1ree distance certification for the THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: The a pp scant s a pre are a cover letter an submit it, along ~~_w1 any suppppomng documents and/or plans ptFiat address the following requirements to the ENGINERING DETIARTMENT, ATTN: KIM MCMILLAN 503-639-4171, E 264-2. The cover letter shall clearly identify where in the submittal the required information is found: 38. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. NOTICE OF DECISION PAGE 5 OF 32 SUM2005-00020 - KRAMER'S MEADOW SUBDIVISION 39. Prior to issuance of buildin permits, the applicant shall provide the City with as-built dray n s of the public improvements as follows: 3 mil mylar, 2) a diskette of the as-builts in ` DWG" format, if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and 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 qty 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; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As required by Section 18.430.080, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The subdivider shall not cause ternai.nation of nor allow expiration of said guarantee without having fast secured written authorization from the City. 18.430.100 Filing and Recordin.2: Within 60 ays o the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat Application Submission Requirements: Three. copies o the sub vision plat prepared by a land 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 wit 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. NOTICE OF DECISION PAGE 6 OF 32 SUB2005-00020 - KRAMEWS MEADOW SUBDIVISION The following centerline monuments shall be set: 1. All centerline-centerline intersection points; 2. All cul-de-sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Re' 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 includin , but not limited to those required for electric, communication, lighting and cable television services and related facMties shall be placed underground, except for surface-mounted transformers, surface-mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Bond Required All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance bythe City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, includun sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to Ci Require d Work shall not begin until the City 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 o? 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 Historv Staff conducted a search of City records and found no other land-use cases associated with the parcels of the subdivision. The site is within the Urban Services Area and is therefore under the City of Tigard's planning review according to an intergovernmental agreement with Washington County. NOTICE OF DECISION PAGE 7 OF 32 SUB2005-00020 - KRAMETS MEADOW SUBDIVISION Site Information and Proposal Description: The site is zoned R-7 which is des' ned to accommodate attached single-family homes, detached single-family homes with or without accessory resident units, at a minimum lot size of 5,000 square feet, and duplexes at a minimum lot size of 10,000 square feet. The site slopes from approximately 574 feet in the northeastern portion of the site to a low point (roughly5)8 feet) in the southwestern portion of the site, at approximately? percent slope in a grade across the site as a whole. The site contains multiple areas of vegetation. AA large grove of trees is located on the northern portion of the site. There are scattered trees of varying species and-c-, liper as well as groups of shrubs in the remainder of the site. The site has frontage on Bull Mountain Road, a designated Collector by the City of Tigard Transportation System Plan. The existing right of way is 50 feet with a pavement width of approximately 24 feet for two-lane traffic. The applicant re uests Subdivision approval to divide a 2.81 acre parcel into seventeen (17) single-family lots ranging in size from 4,57 to 5,185 square feet (5,084 square foot average). Additionally, Adjustments are requested for seven (7) driveways within 150 of SW Bull Mountain Road (a collector) and for the 200-foot spacing standard for streets intersecting a collector for the proposed SW 153rd Avenue. There are currently 3 single-family residences on the subject site that will be removed upon development. Vicinity Inf ormation: The site is generalllocated on the south of Bull Mountain Road between SW 150th Avenue and SW Bull Mountain Road, just across from SW 153rd Avenue. The Wonder View subdivision is located north of the site across Bull Mountain Road. Koven Heights subdivision is just west of the site and French Prairie Estates subdivision is south of the site. Surrounding areas are also identified as R-7 and are predominately low density residential uses scattered on large lots. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET Notices were sent to adjacent property owners within 500 feet of the subject site boundaries. The following comments were received. Property owner Tom Brugato had the following concerns: Concern: Objection to 17 homes on 2.8 acres. Response: Washington County adopted plan and zoning regulations in the early 1980's that established the number of potential units. Metro passed requirements that dictated at least 80 percent of the minimum is to be provided. The City of Tigard code implements those standards. There has been little public recognition that the densities for developments are the result of plans established over 20 years ago by Washington County, and that what is being now developed follows those plans. Concern: Type of home, style, quality, and price. Response: The developer can construct single-family dwellings; land use regulations do not establish criteria for style, quality or price. Concern: Impact on the overall value of their property. Response: Impact on the value of adjacent property is not a legal basis for decision making. It can be noted however, that with development, property values in the area are rising. Concern: Risk of crime and safety that lower cost homes create. Response: This is not a review criteria and is undocumented. Concern: Cost of their previous sewer cost and relief. Response: This developer is not responsible for costs incurred by adjacent owners. Clean Water Services would be responsible for any reimbursement if that is their policy. NOTICE OF DECISION PAGE 8 OF 32 SUB2005-00020 - KRAMERS MEADOW SUBDIVISION Property owner Gwynn G. Coffman had the following concerns: Concern: The qty should accept the obligation to consider all impacts of adjacent development in the analysis of traffic. Response: The determination of requiring a traffic impact study is based on 18.810.030.A.C. The study is required if the development generates a certain number of tri ps and the impacted street meets a certain condition range of average daily trips (ADT). The ADT is to be based on existing, "added and site generated traffic. Added traffc rs defined as traffic generated by developments, or phases of developments that have been issued a building permit or, in the case of subdivisions, have a recorded plat. According to the International Traffic Engineers trip generation manual, this subdivision does not generate enough traffic to warrant a traffic study. Concern: Capacity of the sewer system and consideration of the respondent's future planned development. Response: Clean Water Services of Washington County has the authority and provides sanitary and storm sewer services in the URB area. Our condition of approval will li re a C TS approved set of construction plans prior to issuance of any permits. CWS determine the route and improvements needed to serve this site with sanitary sewer. Concern: Provision of proper drainage for the respondent's property and lots adjoining. Response: Clean Water Services has the authority and provides review and approval of public storm water systems in the URB area. All public systems must accommodate runt from upstream properties. 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. Variances and Adjustments 18.370 B. Subdivision 18.430 C. Am)licable Development Code Sections 1.10 [alIndscaping sidential zoning districts) 18.705 cess, Egress and Circulation18.715 nsity) 18.725 ntal Performance) 18.745 and screening) 18765 fstreet parking and loading requirements) 18780 ns) 18.790 ee removal) 18.795 sion clearance) D. Street and Utili Im rovement 18.810 (Street an Utility Improvement Standards) E. Decision Making Procedures 18.390 (Impact Study) The proposal contains no elements related to the provisions of these Specific Development Standard Code Chapters: 18.710 (Accessory Residential Units), 18.740 (Historic Overlay, 18.742 (Home Occuppations), 18.750 Manufactured/Mobile 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. NOTICE OF DEC[SION PAGE 9 OF 32 SUB2005-00020 - KRAMEKS MEADOW SUBDIVISION SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A - VARIANCE S AND ADJUSTMENTS The subject application requires approval of eight adjustments as described below. Adjustments to access spacing standards within subdivisions (Cha ter 18.705.030(H (2)(3). The Tigard City Cade requires the minimum driveway setbacks to be 15 feet from the uence area of a collector street. In this case, the residential driveways for lots 1, 2, 3, 4, 15, 16 and 17 are proposed within the 150 influence area of SW Bull Mountain Road. Since the applicant cannot meet the standard, and adjustment is requested. In all zoning districts where access and egress drives cannot be readily designed to conform to Code standards within a particular parcel, access with an adjoining property shall be considered. If access in conjunction with another parcel cannot reasonably be achieved, the Director may grant an adjustment to the access requirements of Chapter 18.705 through a Type II procedure, subject to the following approval criteria: ~H)(2) Driveways shall not be permitted to be placed in the influence area of collector or arterial intersections. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet measured from the right of way line of the intersecting street to the throat of the proposed driveway. If shi red access is not possible or practical, the driveway shall be placed as far from the intersection as possible. A. H(2) Driveways located in the influence area of a collector street. Y It is not possible to share access; e proposed local street and connecting private street) will serve all lots in the development, as well as future development to the south. There are no other public streets serving the site so a new street must be constructed to serve the lots, hence, no shared access is possible. The site is infill m nature where no urban-scale street grid exists that would otherwise serve the lots. In order to maintain the maximum street separation along SW Bull Mountain Road and to align the proposed new public street closely with existing SW 153rd Street on the north side of SW Bull Mountain Road, it is necessary to create the new local street where proposed. In addition, intervening developed lots separate the property from other public streets. In light of this, the street location is the most logical to serve the proposed development. Shared access is not an option to serve the proposed lots. 2) There are no other alternative access points on the street in question or from another street; There are no alternative access points that would not require an adjustment to this standard. The proposed street alignment allows for balanced lots and acceptable access spacing to existing public street intersections along SW B Mountain Road. The proposed intersection can be made to have adequate sight distance and will not carry traffic volumes in excess ofiniended loads for a local residential street. If the alignment were shifted, the result would be odd shaped lots and configurations and more Zdiscussed ortantly, a greater off-set intersection with existing SW 153rd on the north side of SW Bull Mountain Road. above, the site does not contain any other frontage and therefore offers no 0 ortMe to take access from another pount. All. residential access points have been located as far south as possible to p minimize the impact to vehicle stacking. As described above, the proposed location is the most logical. 31 The access separation requirements cannot be met; he .site is an in ill site. With the existing streets and surrounding land developments, the access separation requirements cannot be met. In addition, in order to locate driveways outside the influence area, the subdivision would need to effectively lose 5 lots. By reducing the project by 5 lots, minimum R-7 density standards could not be met. Y) The request is the minimum adjustment required to provide adequate access; he applicant proposes to locate only those driveways serving lots 1, 2, 3, 16, and 17 in the 150 foot influence area. Driveways for lots 4 and 15 will be located as far south as possible in order to minimize the adjustment. (5) The approved access or access approved with conditions will result in a safe access; and TThhe proposed intersection can be made to have adequate sight distance and will not carry traffic volumes in excess of the intended load for local streets of the proposed dimension. Kramer's Meadow contains only 17 lots, which typically require minimal stacking needs. The applicant will ensure that driveways are located as far south as feasible. NOTICE OF DECISION PAGE 10 OF 32 SUB2005-00020 - KRAMER'S MEADOW SUBDIVISION (6) The visual clearance requirements of Chapter 18.795 will be met. No structures are currently proposed in the vision clearance area and all future buildings will be reviewed for compliance during the building permit phase. B. (H)(3) The minimum spacing of driveways and streets along a collector shall be 200 feet. The applicant's plans indicate the construction of the southern extension of 153rd Avenue. The proposed street is aligned with the northern leg of 153rd Avenue. There are no locations along the project frontage that can meet this spacing standard and the alignment of the public street with the existing 153rd Avenue is the best location with the least impact. Since the applicant cannot meet the minimum requirement, an adjustment is necessary. The location of the proposed public street is the most logical, due to the need to align the street closely with existing SW 153rd on the north side ofSW Bull Mountain Road. (1) It is not possible to share access; The proposed local street and connecting private street) will serve all lots in the development, as well as future development to the south. ere are no other public streets serving the site so a new street must be constructed to serve the lots. The site is infill in nature where no urban-scale street grid exists that would otherwise serve the lots. In order to maintain the maximum street separation along SW Bull Mountain Road and to align the proposed new public street closely with existing SW 153rd Street on the north side of SW Bull Mountain Road, it is necessary to create the new local street where proposed. In addition, intervening developed lots separate the property from other public streets. In light of this, the street location is the most logical to serve the proposed development. (2) There are no other alternative access points on the street in question or from another street; There are no alternative access points that would not require an adjustment to this standard. The proposed street alignment allows for balanced lots and acceptable access spacing to existing public street intersections along SW Bull Mountain Road. The proposed intersection can be made to have adequate sight distance and will not carry traffic volumes in excess ofintended loads for a local residential street. If the alignment were shifted, the result would be odd shaped lots and conflagration and more Ziscussed rtantly, a greater off-set intersection with existing SW 153rd on the north side of SW Bull Mountain Road. above, the site does not contain any other frontage and therefore offers no 0 ortunity to take access from another point. All residential access points have been located as far south as possible to help minimize the impact to vehicle stacking. As described above, the proposed location is the most logical. (3) The access separation requirements cannot be met; The site is an intll site. With the existing streets and surrounding land developments, the access separation requirements cannot be met. ~4) The request is the minimum adjustment required to provide adequate access; n order to align the proposed new public street with the existing 153rd Street on the north side of SW Bull Mountain Road-, any access location would require a similar adjustment. As described above, the proposed location is the most logical. (5) The approved access or access approved with conditions will result in a safe access; and The proposed intersection can be made to have adequate sight distance and will not carry traffic volumes in excess of the intended load for local streets of the proposed dimension. Kramer's Meadow contains only 17 lots, which typically require minimal stacking needs. The applicant will ensure that driveways are located as far south as feasible. (6) The visual clearance requirements of Chapter 18.795 will be met. As previously stated, 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. FINDING: Based on the above analysis, the applicant has demonstrated that the project cannot meet the minimum spacing of driveways and streets along a collector and the need to locate driveways in the influence area. The applicant has provided sufficient evidence to support the adjustment. Therefore the criteria are satisfied and the adjustment is approved. NOTICE OF DECISION PAGE 11 OF 32 SUB2005-00020 - KRAMER S MEADOW SUBDIVISION B - SUBDIVISION GENERAL PROVISIONS: 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. The minimum lot size for detached single family residential in the R-7 zoning district is 5,000 square feet. The largest lot will be 5,815 square feet. None are large enough to re-divide. This standard is therefore met. Lot Size Averaging: Section 18.430.020.D states Lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. The proposed lot sizes are between 4,733 and 5,500 square feet. The average lot area for all lots is 5,126, exceeding the minimum requirements. Therefore, this standard has been satisfied. Phased Development: The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shallthe actual construction time period for any phase be greater than two years without reap 1 'ng for a preliminary plat; The criteria for approving a phased site development review proposal are: a.f - he public acilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b.) The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard; and The pleased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval ofthe preliminary plat. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. The applicant has not proposed a phased development, therefore, this standard does not apply. SUBDIVISION APPROVAL CRITERIA Am)roval Standards - Preliminary Plat: The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations. Compliance with the specific regulations and standards of the zoning ordinance will be addressed in greater detail later in this decision and will be assured through this review and the imposition of conditions of approval. The City, of Tigard signed an intergovernmental agreement (IGA) with Washington County when it agreed to take over plaiumng jurisdiction within the urban service area. The urban service area is the area outside the current City limits but within the Tigard Urban Growth Boundary. It is the area in which Tigard is expected to grow. Fundamental to the agreement between Tigard and Washington County is the understanding that areas in the urban service area will over time be mcorporated into the City of Tigard as they are more intensely developed and as they require urban services. The roposed development, while it will intenrsifythe need for urban services, is not adjacent to the City's limits and, there 'ore, will not be annexed at this time. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. The applicant has provided evidence that the proposed subdivision name has been reserved with Washington County, thus insuring that the name is not duplicative. 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. NOTICE OF DECISION PAGE 12 OF 32 SUB2005-00020 - KRAMER'S MEADOW SUBDIVISION Street layout is discussed in more detail, and conditioned if necessary, under the Street and Utility standards section of this decision. An explanation has been provided for all common improvements. The applicant has provided an explanation for all common improvements as required and, therefore, satisfied this criterion. Specific details of the proposed improvements are discussed later in this decision under the Street and Utility Improvement Standards Section 18.810. FINDING: Based on the analysis above, the proposal meets the preliminary plat approval standards for subdivisions. C - APPLICABLE TIGARD DEVELOMENT CODE SECTIONS Residential Zoning Districts (18.510) Lists the des ric on of the residential Zoning District. The site is located in the R-7: Medium Density residential zoning district. The R-7 zoning district has the following dimensional requirements: TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-7 Minimum Lot Size Detached unit 5,000 sq. ft. Duplexes - Attached unit 10,000 s q. ft. Average Minimum Lot Width Detached Units 50 ft. Maximum Lot Coverage 80% [1] Minimum Setbacks Front yard 15 ft. Side facing street on corner &through lots 10 ft. Side yard 5 ft. Rear yard 15 ft. Side or rear yard abutting more restrictive zoning district 30 ft. Distance between property line and front of garage 20 ft. Maximum Height 35 ft. Minimum Landscape Requirement 20% The proposed lots range in size from 4 733 square feet to 5,500 square feet and average 5,126 square feet. The applicant proposes single-family detached homes, a permitted use in the R 7 zone. Setbacks for each home will be reviewed at the time of building permit submittal. FINDING: Based on the analysis above, the residential zoning district dimensional standards are satisfied. Access ELYress and Circulation (18.7051: Chapter 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-famil 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. The access and egress into the site itself is discussed later in this decision under the Street and Utility Standards section of this decision (18.810). Access to individual lots will be reviewed for compliance during the building permit phase. NO'11CE OF DECISION PAGE 13 OF 32 SUB2005-00020 - KRAMER'S MEADOW SUBDIVISION 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 to be 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, leases or contracts to establish the joint use; and Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. No joint access is proposed. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. Based on the plans submitted, all of the proposed lots will take access from either proposed SW 153rd Avenue (public) or the proposed private street. Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The applicant's engineer has provided preliminary sight distance certification for the proposed intersection of 153rd Avenue and Bull Mountain Road. The engineer states that the posted speed is 40 m~pph, requiring a minimum sight distance of 400 feet in each direction. The engineer states that the measured sight distance at the proposed access exceeds 400 feet in each direction along Bull Mountain Road. The City has speed data indicating the 85' percentile is approximately 47 mph, regi4=- at least 470 feet of sight distance. The applicant's engineer shall submit with their PH application, a revised preliminary sight distance certification for 47 mph. The applicant may also choose to provide their ownspeed study for more current information and the preliminary sight distance can be based on the results. 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 be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. SW Bull Mountain Road is classified as a Collector on the City of Tigard's TSP. None of the lots will have direct access to SW Bull Mountain Road. The drivewa for lots 1, 2, 3, 16 and 17 are within the influence area of a collector intersection and they will be placed as far south as possible ~rom the intersection. The location of the proposed public street is the most logical, due to the need to align the street closely with existing SW 153rd on the north side of SW Bull Mountain Road. As such, the adjustments are necessary. The applicant has requested an adjustment to these standards and staff has agreed to the adjustment. The driveways are placed as far away possible from the intersection. Refer to findings in Section A, above. Lots 1 and 17 will not be allowed direct access to Bull Mountain Road and the plat shall contain a note that prohibits access to Bull Mountain Road, except at the approved location of 153rd Avenue. 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. NOTICE OF DECISION PAGE 14 OF 32 SU12005-00020 - FRAMER'S MEADOW SUBDIVISION The applicant's plans indicate the construction of the southern extension of 153rd Avenue. The proposed street is aligned with the northern leg of 153rd Avenue. There are no locations along the project frontage that can meet this spacing standard and the alignment of the public street with the existing 153rd Avenue is the best location with the least impact. Since the applicant cannot meet the minimum requirement, an adjustment is necessary. The location of the proposed public street is the most logical, due to the need to align the street closely with existing SW 153rd on the north side of SW Bull Mountain Road. The applicant has requested an adjustment to these standards and staff has agreed to the adjustment. Refer to findings in Section A, above. Curb cuts: Curb cuts shall be in accordance with Section 18.810.030N: Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080: Concrete curbs and driveway approaches arerequired; except where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval and Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. No driveway approach shall be less than five feet from the side property line projected except in cul-de- sacs, without approval and written permission of the city. The end slopes may encroach within the five foot restricted area. No portion of any driveway a proach, including the end slopes, shall be located closer than thirty feet to an intersection street right- o~ way line. Commercial or service drives shall not be more than thirty feet in width and if located on the same lot frontage shall be separated by a minimum length of curb of thirty feet: Each residential driveway shall be not more than twenty-six feet in width including end slopes, and if more than one driveway is to be constructed to serve the same lot, the frontage spacing between such driveways shall be not less than thirty feet measured along the curb line. Joint access driveways shall conform to the appropriate width standard for commercial or residential type usage. Driveways and curb cuts will be reviewed for compliance during the building permit phase. 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. No individual access to a collector street is proposed. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Single-family and duplex dwellings are exempt from this requirement. The proposed subdivision is for single-family homes. Therefore, this standard does not apply. Minimum access requirements for residential use: Vehicular access and egress for single-family, duplex or attached single-family dwellin units on individual lots and multi-family residential uses shall not be less than as provided in Table 8.705.1 and Table 18.705.2; The width of driveways serving individual lots will be reviewed at the time of building permit application. Based on the proposed site plan, compliance with this standard is feasible. Therefore, this standard is met. Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; No multi-family structures are proposed with this application. Therefore, this standard does not apply. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code; NOTICE OF DECISION PAGE 15 OF 32 SUB2005-00020 - KRAMETS MEADOW SUBDIVISION The driveways serving individual lots will be reviewed at the time of building permit application. Based on the proposed site plan, compliance with this standard is feasible. Therefore, this standard is met. FINDING: Based on the analysis above, the Access, Egress and Circulation standards have not been satisfied, but can be satisfied with conditions. CONDITIONS: The applicant's engineer shall submit, with their PFI application, a revised preliminary sight distance certification for 47 mph. The applicant may also choose to provide their own speed study for more current information and the preliminary sight distance can be based on the results. Lots 1 and 17 will not be allowed direct access to Bull Mountain Road and the plat shall contain a note that prohibits access to Bull Mountain Road, except at the approved location of 153rd Avenue. Density Computations and Limitations (18.715): Chapter 18.7 implements the Comprehensive Plan by establishing the criteria for deterniining the number of dwellin 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 is based on the net developable area. The net developable area is the gross site area, subtracting sensitive land areas, land dedicated for ublic parks and public rights-of-way, land for private streets, and if an existing dwelling unit is to remain, the area ofpthe lot on which that unit is situated. Of the total ross site area (2.83 acres or 123,275 square feet), the applicant subtracted 22,990 square feet is for public right-of-way dedications and 13,509 square feet is for the private street and water quality. The applicant's calculations are incorrect. Water quality facilities are not subtracted by 18.705. Rather than 86,776 square feet of net developable area, the net developable area is 93,839 square feet (subtracting the private street and parking surface). There are no public parks or sensitive areas within the project. The net area divided by the minimum lot size in the R-7 zone (5,000 s.f. for single family detached units) therefore yields the maximum number of units, in this case 18.76. The minimum number of lots is based on 80% of the maximum, or 15. The applicant has proposed 17 lots in this subdivision, within the density requirements. Therefore, this section is satisfied. FINDING: Based on the analysis above, the density standards have been satisfied. Landscaping and Screening (18.745: Chapter -18.745 contains landscaping provisions for new development. Section 18.745.100 requires that street trees be planted in conjunction wrth all development that fronts a street or driveway more than 100 feet long. A proposed plantin list must be submitted for review by the Director since certain trees can damage utilities, streets and sidewalks or cause personal injury. The applicant proposes street trees for the public streets, but has not shown any on the private street. Therefore, the applicant will be conditioned to submit a plan for the private street, showing street trees according to the size and spacing standards of Section 18.745.040 of the Tigard Development Code. Section 18.745.030(C) contains landscaping installation requirements as follows: 1. All landscaping shall be installed according to accepted planting procedures. 2. The plant material shall be of ht h rade, and shall meet the size and grading standards of the American Standards for Nurbe toc (ANSI Z-60, 1-1986, and an other future revisions); and 3. Landscaping shall be installed in accordance with the provisions of this title. NOTICE OF DECISION PAGE 16 OF 32 SUB2005-00020 - KRAMEICS MEADOW SUBDIVISION 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 plantin trees based on the soil volume and size at maturity Additionally, there are directions for soil amendments and mod ications. In order to develop tree species diversity onsite it is recommended that the following guidelines be followed: No more than 30% of anyone family be planted onsite. No more than 20% of anyone genus be planted onsite. No more than 10% of anyone species be planted onsite. Section 18.745.030(E) outlines the protection of existing landscaping as follows: 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 2. 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 in hidtial trees). See comments under Tree Removal (18.790) below. Section 18.75.030G outlines conditions of approval for existing vegetation. Conditions are provided bythe CityArborist. Section 18.745.040(A) contains standards for the protection of existing vegetation: All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption o} this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.C. No specific street trees are proposed, but the applicant acknowledges that trees measuring at least 2 inches caliper will Be planted. The exact location and tree types shall be submitted for review to the City Arborist, preferably following the guidelines listed below. The City Arborist has provided the following recommendations for Street Tree planting: 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 pplantirl guidelines as well as the standards set forth in the American Institute of Architects' Architectural Graphic Standarl, 10`h edition. In the Architectural Graphic Standards there are guidelines for selecting and plantin 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 anyone family be planted onsite. No more than 20% of anyone genus be planted onsite. No more than 10% of anyone species be planted onsite. Section 18.745.050(B)8) and 18.745.050(D) contain the provisions and requirements for fences and walls. The applicant is proposing to construct a six-foot privacy fence where abutting existing residential property exists along the west, south and east perimeters of the project. This section is met. Section 18.745.050(B)(9) contains the provisions for hedges. No hedge is proposed and therefore this section is not applicable. Section 18.745.050(F) contains the provisions and requirements for buffering and screening. NOTICE OF DECISION PAGE 17 OF 32 SUB2005-00020 - KRAMER'S MEADOW SUBDIVISION The Buffering and Screening Matrix (Table 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. Suffering and screening does apply when dissimilar uses or zones abut each other. Buffering, but not screening is required when dissimilar uses are separated by a street. The proposed detached unit residential subdivision is surrounded by detached single family dwellings and therefore no buffer or screening is required. Section 18.745.060 outlines the re-vegetation requirements. The applicant has not specified what method of re-vegetation will be used for site grading or infrastructure installation. This criterion is not met, but can be met through conditions. FINDING: Based on the analysis above, the criteria can be met with conditions. A street tree plan shall be submitted to ensure tree selection and placement is acceptable. A condition requiring the applicant to specify what method of site re-vegetation will ensure erosion control methods are in place after construction. CONDITION.-Prior to any site work, the applicant shall submit the following: A statement that describes the method of site re-vegetation to prevent erosion after construction activities are completed. A street tree plan in conformance with Section 18.745.040, preferably following the guidelines outlined by the City Arborist. Off-Street Parking and Loading Requirements (18.765: Chapter 18.765 able 18.765.2 requires that 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 buildinpermit phase and it is feasible that this standard will be met by providing driveways and garages, this- standard has been satisfied. Tree Removal (18.790 Chapter 18.790 requires mitigation of trees over 12" diameter at breast height (dbh) removed as part of the development of the site. The applicant's tree removal plan indicates the trees on the property that are to remain and those proposed for removal. There are a total of 129 existin trees located within the protect boundaries, 78 of which are 12 inches in two (32) oft e remaining 51 trees have been deemed hazardous by the applicant's caliper or smaller. Thm aborist. The remaining 19 trees comprise 420 diameter inches and represent the 100% preservable figure. Of these 19 trees, the applicant proposes to remove 16. 18.790.030(B)(2)a states that retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program resulting in no net loss. Being that retention of only 16% of preservable trees is proposed, the applicant will mitigate for lost trees on an inch-by-mch basis. There are 420 caliper inches to mitigate on site and 66 inches off-site, leaving a total mitigation of 486 caliper inches. The applicant proposes mitigation plantings primarily in the rear yards of residences. Final tree protection, removal, and mitigation plans will be reviewed and signed off by the City of Tigard Arborist. The City Arborist states that the portion of the tree mitigation report that is not acceptable is the tree mite ation plan. A copy of guidelines are provided for the applicant to follow. Appropriate native species shall be useT such as Oregon white oak, bigleaf maple, Douglas fir, wester red cedar, cascara, western redbud or Willamette Valley ponderosa pines. NOTICE OF DECISION PAGE 18 OF 32 SUB2005-00020 - KRAMER'S MEADOW SUBDIVISION Properly sized oaks can be found at River Oak Farm & Nursery. Call Diane at 503-357-2745. Below are the CityArborist suggestions for the applicant to follow for tree protection guidelines: 1. Prior to construction, a Tree Protection Plan should be included with the proposed construction drawings conforming to the International Society of Arboriculture (ISA) guidelines for review and approval by the City Forester. All tree This devices, along with their details and specifications, should be shown on the Tree Protection Plan. This plan should also include the building footprints shown in relation to the trees being preserved. Any tree that will not be removed onsite that is within the limits of disturbance of this project must be protected. Any tree that is located on property adjacent to the construction project that will have more than 15% of its root system disturbed by construction activities shall also be protected. 2. A note should be placed on the final set of plans indicating that equipment, vehicles, machinery, grading, dumping, storage, burial of debris, or any other construction reated activities should not be' located inside of any tree protection zone or outside of the ].units of disturbance where other trees are being protected. 3. All tree protection devices should be: Visible. Constructed of 11 Gauge steel chain-link fencing supported on at least 2" O.D. steel posts. Each post should be no less than four feet high from the top of grade. Each post should be driven into the round to a depth of no less than two and a half feet below grade. Each post should be spaced no ~urther apart than four feet. Between each post, securely attached to the chain-link fencing, should be a sign indicating that the area behind the fencing is protected and no construction activity, including material storage, may occur behind the fencing. Inspected and approved in the field by the project arborist and City Forester prior to clearing, ggrading, or the beginning of construction. Kemain in place and maintained until all construction is completed and a final inspection is conducted. 4. To determine the size of the tree protection zone ('PP) the project arborist should follow the guidelines listed below. For individual trees follow the trunk diameter method. For every one-inch of diameter at breast height (DBI", or 4 1/2 feet above the ground, allow 12 inches of space from the trunk of the tree. For example, a tree that is 15" at DBH must have at least 15' of tree protection zone around the entire canopy of the tree. For groups of trees the tree protection zone must be outside of the drip line of the trees on the edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the trunk diameter method or the drip line method, whichever is greater. Calculate and follow the Optimal Tree Protection Zone calculation as shown in "Trees and Development: A Technical Guide to Preservation of Trees During Land Development" by Nelda Matheny and James R Clark. The project arborist may propose an alternate method for the establishment of the TPZ, provided the effort is coordinated with the City Forester. 5. If it is necessary to enter the tree protection zone at any time with equipment (trucks, bulldozers, etc.) the project arborist and qty Forester must be notified before any entry occurs. Before entering the TPZ, the project arborist and qty Forester should determine the method by which entry can occur, along with any additional tree protection measures. 6. Prior to issuance of any Certificates of Occupancy, the Project Arborist should submit 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. FINDING: To ensure the long term viability of the trees to remain on site, additional conditions are warranted. NOTICE OF DECISION PAGE 19 OF 32 SUB2005-00020 - KRAMER S MEADOW SUBDIVISION CONDITIONS: 1. Final tree protection, removal, and mitigation plans will be reviewed and signed off by the City of Tigard Arborist. 2. Prior to commencing site work, the applicant shall submit security in the form of cash or other form acceptable to the qty for the equivalent value of mitigation required. If additional trees are preserved through the subdivision improvements and construction of houses, and are properly protected through these stages by the same measures afforded to other protected trees on site, the amount of the cash assurance maybe correspondingly reduced. Any trees planted on the site or off site in accordance with 18.790.060 (D) will be credited against the security, for two years followmi g final plat approval. After such time, the applicant shall pay the remaining value of the cash assurance as a fee in lieu of planting. 3. Prior to issuance of any Certificates of Occupancy, 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 arborst. The deed restriction ma 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. 4. Prior to commencing any site work, the applicant shall submit construction drawings that include the approved Tree Removal, Protection and Landscape Plan. The plans shall also include a construction sequence including installation and removal of tree protection devices, clearing grading, and paving. Only those trees identified on the approved Tree-Removal plan are authorized for removal by this decision. 5. Prior to commencing any site work, the applicant shall establish fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Forester for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 6. Prior to any Certificates of Occupanc ,the applicant shall ensure that the Project Arborist has submitted written reports to the City orester, at least, once every two weeks, from initial tree protection zone (T1-5Z) fencing installation, through building construction, as he monitors the construction activities and progress. These reports must be provided to the qty Forester until the time of the issuance of any Certificates of Occupancy. The reports shall include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved and shall certify that the construction activities to the trees did not adversely impact the overall, Tong- 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 flan is not being followed by the contractor the qty can stop work on the project until an inspection can be done by the City Forester and the Project Arborist. This inspection wall be to evaluate the tree protection f encmg, determine if the fencing was moved at an point during construction, and determine if any part of the Tree Protection Plan has been violated. 7. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the location of the trees that were preserved on the lot, location of tree protection fencing and a signature of approval from the project arborist regardin the placement and construction tecU"ques to be employed in building the House. All propose protection fencing shall be installed and inspected prior to commencing construction, and shall remain in place tough the duration of home building. After approval from the City Forester, the tree protection measures may be removed. Vision Clearance (18.795): Chapter 18.795 applies to all development and requires that clear vision area shall be maintained on the comers of all property adjacent to intersecting right-of-ways and at the intersection of a public street and a private driveway. A visual clearance area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. NOTICE OF DECISION PAGE 20 OF 32 SUB2005-00020 - KRAN EM MEADOW SUBDIVISION The applicant has not proposed any structures or vegetation in the vision clearance areas. These areas are depicted on sheet 4. 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. D - STREET AND UTILITY IMPROVEMENTS STANDARDS (SECTION 18.810: Street And Utility Improvements Standards (Section 18.810) Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires a collector street to have a 70-foot right-of-way width and a 46-foot paved section. Local residential streets shall have a minimum light-of-way width of 42 feet with a 28 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 Bull Mountain Road, which is classified as a Collector on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicantshould dedicate the additional ROW to provide 35 feet from centerline and the ROW radius at the proposed .intersection. SW Bull Mountain Road is currently partially improved. In order to mitigate the impact from this development, the applicant should construct half-street improvements per the Collector standard. The applicant's plan includes the full-width construction of 153`d Avenue to the local street standards. Future Street Plan and Extension of Streets: Section 18.810.030(F) states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length. The applicant has submitted a future streets plan showing 1534 Avenue extending to the south and eventually headingg east to connect with 150f Avenue. The plans include the profile for the proposed street. The applicant has proposed to use a portion of the private street to provide 153` Avenue with a temporary turnaround. The Tualatin Valley Fire and Rescue (TVFR) has reviewed the propose plan and has agreed that the private street can serve as a temporary turnaround ' the radii on the private street is increased to 28 feet. TVFR will not require a turnaround at the west end of the private street if lots 6-9 are spdnklered. However, the applicant must provide a turnaround for other service providers, i.e. waste haulers and deliverytrucks since the length of the private street exceeds 150 feet. Cul-de-sacs: 18.810.030.K states that a cul-de-sac shall be no more than 200 feet Iona, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: NOTICE OF DECISION PAGE 21 OF 32 SUB2005-00020 - KRAMEWS MEADOW SUBDIVISION ♦ All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other than circular, shall be approved by the City Engineer; and ♦ The length of the cul-de-sac shall be measured along the centerline of the roadway from the near side of the intersecting stre et to the farthest point of the cul-de-sac. ♦ If a cul-de-sac is more than 300 feet on , a t direct pathway to an adjacent street may be require d to be provided and dedicated to > e City. There are no cul-de-sacs formed bythis development. Street Alignment and Connections: Section 18.810.030.1-1.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre- existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local neighborhood routes and collector streets which abut a development site shall be extended within tie 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 /o for a distance of 250 feet or more. In the case of environmental or topograpMcal constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. The applicant's future streets plan meets this criterion by providing for future circulation beyond the subdivision. 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 deternlined by the City Engineer. The proposed public street profiles do not exceed 8%, thereby meeting this criterion. Access to Arterials and Major Collectors: Section 18.810.030 states that where a development abuts or is traversed by an existing or proposed arterial or major collector street, the development design shall provide adequate protection or residential properties and shall separate residential access and through traffic or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: ♦ Aparallel access street along the arterial or major collector; ♦ Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; ♦ Screen planting at the rear or side property line to be contained in a non-access reservation along the arterial or major collector, or ♦ Other treatment suitable to meet the objectives of this subsection; ♦ If a lot has access to two streets with different classifications, primary access should be from the lower classification street. All lots within this development will access directly onto the proposed local street, the lower classification street. No direct access will be allowed onto Bull Mountain Road, which is classified as a Collector, thereby meeting this criterion. Private Streets: Section 18.810.030.7 states that design standards for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets such as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. The applicant's plans indicate a private street will be constructed to serve lots 6-9 and the water quality tract. The plan meets the required cross section for a private street. NOTICE OF DECISION PAGE 22 OF 32 SUB2005-00020 - KRAMER'S MEADOW SUBDIVISION The applicant shall place a statement on the face of the final plat indicating the private street s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant sha record Conditions, Covenants and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private street(s). These CCWs shall be reviewed and approved bythe Cityprior to approval of the final plat: The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the right-of-way line except: ♦ Where street location is precluded by natural topography, wetlands or other bodies of water or, pre- existing development or, ♦ For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. ♦ For non-residential blocks in which internal public circulation provides equivalent access. SW Bull Mountain Road is a collector street, and therefore this standard is not applicable. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on_public easements or right-of- ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. The applicant proposes a street that will provide a connection along SW Bull Mountain Road. Sidewalks will provide pedestrian connections. The new street will stub to the southern boundary for eventual connectivity southward to either SW Burgandy Street or SW 150`x' Avenue, thereby making for a connected pedestrian network. Current ownership and development patterns prevent connectivity spacing requirements. Therefore, this criterion is satisfied. 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 minimum lot size of the R-7 zoning district is 5,000 square feet. None of the lots exceed 1.5 times the minimum lot size. Therefore, this standard does not apply. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. All lots have at least 25 feet of frontage onto a public or private street. Therefore this section is met. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. The applicant's plans indicate the will construct sidewalks along; all public street frontages. The plans show the sidewalk at the southeast corner oTBull Mountain Road and 153' as being located at the curb. This does not meet the standards for the planter strip, as stated in 18.810.070.C. Therefore, the applicant shall revise the plans to provide for a 5 foot planter strip along all public street frontages. The plans show a 5 foot sidewalk located on the south side of the private street, meeting the criterion for the private street. NOTICE OF DECISION PAGE 23 OF 32 SUB2005-00020 - KRAMEXS MEADOW SUBDIVISION 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 rovisions 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-sizin : Section 18.810.090.C states that proposed sewer systems shall include consideration of additional development within the area as projected-by the Comprehensive Plan. The applicant's plans show the extension of the public sewer line through the private and public streets from the southwest corner of the development to Bull Mountain Road. The applicant shall extend the public sewer to the east end of their Bull Mountain Road frontage. Revised plans shall be submitted to the City and Clean Water Services (CWS) for review. CWS will be the approval authority and issue the permit(s) for the work. The CWS permit and a permit from Washington County to work in Bull Mountain Road will be required prior to issuance of the PH permit. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.C states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existin 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 Y of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant shall submit plans to CWS for review of downstream requirements for detention. A CWS permit for the stormwater system must be issued prior to issuance of the PFI permit. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. Bull Mountain Road is a designated bicycle facility. NOTICE OF DECISION PAGE 24 OF 32 SUB2005-00020 - KRAMER'S MEADOW SUBDIVISION Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction o} bikeway improvements. For short sections of frontage improvements it is not reasonable to provide the bicycle striping, but it is reasonable to collect the funds to provide the striping in the future. The amount of the striping would be as follows: 222 feet of 8-inch white stripe, at $2.50/lf $ 555.00 s 6 Mono-directional reflective markers @ $4.00/ea $ 24.00 2 Bike lane legends @ $175/ea $ 350.00 ♦ 2 Directional mini-arrows $100/ea $ 200.00 $1129.00 Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet. The bicycle travel lane is designated as 6 feet along a Collector. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: ♦ The developer shall make all necessary arrangements with the serving utility to provide the underground services; ♦ The City reserves the right to approve location of all surface mounted facilities; ♦ All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and ♦ Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.C states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case-by-case basis. -The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above- ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are existing overhead utility lines along the frontage of SW Bull Mountain Road. The City Engineer expects the utility lines to be placed underground as development occurs. If the fee in-lieu is proposed, the City Engineer must approve it, and it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 254 lineal feet; therefore the fee would be $8,890.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Fire, Life and Safety. Per TVFR comments, lots 6-9 must be fire sprinklered unless an approved turnaround is provided at the end of the private street. The radu on the private street needs to be increased to 28 feet in order to use it as a turnaround for the public street. NOTICE OF DECISION PAGE 25 OF 32 SUB2005-00020 - KRAMEXS MEADOW SUBDIVISION Public Water Sy§tem: The applicant's plans indicate the extension of the public water line in the ROW for 153rd Avenue. Storm Water ali : The City has a ree to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The applicant's plans indicate water quality treatment will be provided in a permanent poll at the bottom of the detention facility. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by CWS prior to construction. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per 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 acres of land. A final grading plan shall be submitted showing the existin~gg and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that the-V 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. An NPDES 1200-C permit will be required since the development will be disturbing more than one acre of property. Address Assi nments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). The existing house will need to be issued a new address as will each of the newly created lots. An addressing fee in the amount of $30.00 per address shall be assessed. This fee shall be paid to the City prior to approval of the final plat. The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressin ee in the amount of $ 50.00 per address and tract shall be assessed. This fee shall be paid to the City prior to final plat approval. The developer will also be required to provide si nage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by t %e given driveway or street. This will assist emergency services personnel to more easily find a particular home. Survey Requirements The applicant's final plat shall contain State Plane Coordinates AD 83 (91)] on two monuments with a tie to the ,1 s global positioning system (GPS) geodetic control network ~C 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 round measurements to grid measurements and the angle from north to grid north. These coordinates can be establisged by. GPS tie networked to the City's GPS survey. By random traverse using conventional surveying methods. NOTICE OF DECISION PAGE 26 OF 32 SUB2005-00020 - KRAMETS MEADOW SUBDIVISION 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) m the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). E - IMPACT STUDY Section 18.390.050 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. The study shall address, at a minimum, the transportation system including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems and affected private property users. In situations where the Community Development Code requires tie dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Section 18.390.050 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt Endings 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 street and the Washington County Traffic Impact Fee (HF) 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/DolanII Resolution 95-61, TIFs are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial street system. Presently, the TIFfor a detached single family dwelling is $2850. 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 develo ment is directly proportional to the cost of dedication and construction of the internal streets. Upon completion ofthis development, the future builders of the residences will be required to pay TIFs totaling approximately $48,450 ($2850 x 17 dwelling units). Based on the estimate that the total TIF fees cover 32 percent o} the impact on major street improvements citywide, a fee that would cover 100 percent of this project's traffic impact is $151,406. ($48?450 divided by.32). The difference between the TIF paid and the full impact is considered unmitigated impact. Since the TIF to be paid is $48,450, the unmitigated impact has an estimated value of $102,956. The estimated cost of the dedication and half-street improvements along SW Bull Mountain Road is: ROW: 15'x 2541.f. = 3,810 s.f. x $3 = $11,430 Improvement: 254 linear feet x $200 = $50,800 TOTAL COST. $62,230 The value of the improvements is roughly $40,000 less than the total value of projected impacts. The exactions are, therefore, not disproportionate according to the Dolan test. F. - WASHINGTON COUNTY BULL MOUNTAIN COMMUNITY PLAN This area is within the City o igar s Urban ervice Area. In 1997, the ty o igard and Wash in ton County entered into an agreement that Tigard would review all applications for development within the Urban Service Area. Washington County. adopted the City's Development Code for this area to guide limit and control development and an Urban Planning Area Agreement was signed. The City's code was adoptecj by the County as the sole local regulatory standards, l5ackground, justification and guidance applicable to app lications for any and all land uses requiring ministerial or quasi-judicial decision snaking with the affected area. 'Ihe agreement indicated that the Cit eview projects is the "areas of special concern" as defined in the Bull Mountain Community would continue to review' Plan (May 12, 1997 Urban Services Intergovernmental Agreement). This particular development project is not in any Area of Special Significance. The following addresses other portions of the Bull Mountain Community Plan. It should be noted that the Oregon Revised Statutes required that, within two years of September 29, 1991, cities and counties shall incorporate all comprehensive pplan standards applicable to limited land use decisions into their land use regulations. It indicated that is City or (:ounty, does not incorporate its comprehensive plan provisions into its land use regulations, the comprehensive plan provisions may not-be used as a basis for a decision by the city or county or on appeal from that decision. Washsngton County adopted the City of Tigard Development Code with few exceptions. Only the standards of that development code are relevant to development review. NOTICE OF DECISION PAGE 27 OF R SUB2005-00020 - KRAMEM MEADOW SUBDIVISION Summit and Slopes & Design Elements: 1. The residential character of this -subarea is to be protected. Improvement of roadways should be done in a manner which does not encourage excessive traffic. All road 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. One new public street and one private street is being proposed as part of this development. The public street has one access onto Bull Mountain Road. The streets are local streets only. Topography generally slopes to the southwest with the public street directed to the south at less than 8 percent grade. Given the property shape and density required, it would be difficult to locate the public street in any other manner. 2. Hillside building technlej es and foundation designs such as stilts, stepped foundation, etc. shall be used to minimize alt eration 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 by 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. Slopes are. generally no more than 8 percent. Individual building construction is reviewed at the time of building permit review. 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. No steep slopes exist. All proposed site work is reviewed as part of the applicant's PFI permit submittal required by the engineering department. 4. Removal of natural ve etation shall be minimized, existing vegetation protected and destroyed Vegetation replaced.hiS is required in order to conserve important natural areas, decrease the potential for erosions, 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 tie 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. There are no hillsides within this development nor are there any natural areas of vegetation. Erosion control is now under the control of Washington County's Clean Water Services. An erosion control/grading plan will be required to prevent erosion. The majority of the replacement vegetation will be provided by individual home owners who will ultimately replace the non natural, existing vegetation that was planted around the existing homes to be removed for this development. Condition # 1 requires any graded areas to be re-seeded or replanted to prevent erosion. 5. Because trees are such an important natural and scenic resource on 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 fiftypercent 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 trees 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 trees planned for removal and describe the replacement programs. Replacement trees must be of at least 1- 1/2 inch diameter. NOTICE, OF DECISION PAGE 28 OF 32 SUB2005-00020 - KRANEKS MEADOW SUBDIVISION The applicant and their arborist have addressed the proposed tree removal according to the qty development code in their application submittal. There are no requirements in the tree removal section of the City code to retain 50 percent of the standing trees. There are no areas containing stands of trees. There are no old growth trees. There is no habitat or natural area designated on the prope by the Bull Mountain plan. The ekisting trees on the property are part of the landscape for the existing indivual homes which will be demolished. The street location which is necessitated by the shape of the property will force the removal of numerous trees. Ninety six of 129 trees on the property were termed hazardous by the applicant's arborist study due to trunk and limb splitting, dead trunks and limbs and a condition known as Black line. It is obvious that a high percentage of trees must then be removed if the property is to develop. There is nothing.in the law to prohibit the development. The Washington County plan statement above preceded the Metro requirement that development must meet $0 percent of the maximum density Small lot sizes, building envelopes and the density established in the County plan combined with the minimum density re uirement as well as individual property shapes conflict with a generalized concept of saving a maximum number o trees in this case. The applicants are saving 16 percent of the trees over 12 inches which requires 100°I mitigation of 486 caliper inches. 6. Streams, seasonal waterways and immediately adjacent riparian zones, as defined in the Community Development Code, shall be reserved in their natural condition including topography and vegetation. Where roads are required7,brides shall be the preferred means of crossing streams and waterways rather than infill and piping or lannelization of water flow. There are no streams, waterways or riparian areas on this site and this element 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 lines easements with in the subject are and this element does not apply. 8.- 10. These Design Elements refer to Area of Special Concern 1, 2 and 3 which do not include this property and as a result do not apply. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Project Engineer has reviewed the proposal and offers the following comments: Water 1. Cap existing hydrant and relocate into the project. 2. 1" services to e installed. 3. Existing services to be abandoned and billed to developer. 4. Hydrants located should be located in the curb return or on property line. 5. Question: Is a service required to irrigate pond? The City of Tigard Police Department has reviewed the proposal and has objection to it. The City of Tigard Forester has reviewed the proposal and comments and conditions are included in the body of this report. SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed the proposal and has offered the following comments: 1) FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is required it the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. 2) DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround. NOTICE OF DECISION PAGE 29 OF 32 SUB2005-00020 - KRAMER'S MEADOW SUBDIVISION 3) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: When buildings are completely protected with an approved automatic fire sprinkler system, the requirements for fire apparatus access maybe modified as approved'Bythe fire code official. 4) AERIAL FIRE APPARATUS ACCE SS: Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire ap aratus access roadway. Fire apparatus access roads shall have a minimum unobstructed width of 26 feet in the inaunedupate vicinity of any building or portion of building more than 30 feet in height. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. 5) FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads sh have an unobstructed width of not less than 20 feet (12 feet for up to two dwelling 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. 6) FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet. 7) NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and 20 feet o unobstructed driving surface, "No Parking" signs shall be installed on one or both sides of the roadway and in turnarounds as needed. Roads 26 feet wide or less shall be posted on both sides as a fire lane. Roads more than 26 feet wide to 32 feet wide shall be posted on one side as a fire lane. Signs shall read "NO PARKING - FIRE LANE" and shall be installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have red letters on a white reflective background. 8) SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surface that is easily distingu~sliable from the surrounding area and is capable of su pporting not less than 12,500 pounds point load (wheel load) and 75,000 pounds live load (gross vehicle weight). You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading. 9) TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 28 feet and 48 feet respectively, measured from the same center point. io) PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted red and marked "NO PARKING FIRE LANE" at approved intervals. Lettering shall have a stroke oT not less than one inch wide by six inches high. Lettering shall be white on red background. ii) GRADE: Fire apparatus access roadway grades shall not exceed 10 percent. Intersections and turnarounds sha lobe 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). 12) GATES: Gates securing fire apparatus roads shall complywith all of the following: . Minimum 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. 13) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to IFC Appendix B. NOTICE OF DECISION PAGE 30 OF 32 SUB2005-00020 - KRAMEM MEADOW SUBDIVISION 14) FIRE HYDRANTS - ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where a portion o a structure is more than 600 feet from a hydrant on a fire 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. 15) FIRE HYDRANT NUMBER AND DISTRIBUTION: The minimum number and distribution of fire hydrants available to a building shall not be less than that listed in Appendix C, Table C 105.1. Considerations for placing fire hydrants may be as follows: Existing ydrants in t e area may be used to meet the required number of hydrants as approved. Hydrants thhat 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. 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. 16) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved ire apparatus access roadway. 17) REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of reflective markers. !&markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. 18) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owners of record within the required distance X Affected government agencies Final Decision: IF- THIS DECISION IS FINAL ON APRIL 17, 2006 AND EFFECTIVE ON MAY 2, 2006 UNLESS AN APPEAL IS FILED. A eal: Tirector's Decision is final on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may apppeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall ~e filed with the Director within ten (10) business days of the date the Notice of Decision was marled. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. NOTICE OF DECISION PAGE 31 OF 32 SUB2005-00020 - KRAMERS MEADOW SUBDIVISION Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 1, 2006. estions: I you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. PREPARED BY: Stacey Sacher Goldstein, Consultant April 17, 2006 APPROVED BY. Richard Bewer DATE Planning Man ger NOTICE OF DECISION PAGE 32 OF 32 SUB2005-00020 - KRAMEWS MEADOW SUBDIVISION CITY Of TIGARD GEOGRAPHIC INFORMATION SYSTEM VICINITY SUB2005-00020 s~ VAR2006-00010 VAR2006-0001 I ONY PL VAR2006-00012 W VAR2006-00013 VAR2006-00014 VAR2006-00015 VAR2006-00016 s~ Q VAR2006-00017 0 °ti KRAMER'S MEADOW ~T SUBDIVISION a- T ORS FERR Z FERRY ¢O H Y2> e V5 x 4 900 • ¢ i i VJ - 1z m BONITA D BULL MOUNTAIN RD SW NEMgQ BE'f BEND RD. DURHAM = RD - - i7 Tigard Area Map ! 'vy r A caR~ N S W Y SANjLJ o too 200 300 400 Feet U) C r 1"= 328 feet U) O LO BS U) City of Tigard Jv G Information on this map is for general location only and 8Uf Should be verified with the Development Services Division. ~M13125 SW Hall Blvd Sr Tigard, OR 97223 /ww 639-4171 http:llww.v.ci.tigard.or.us Community Development Plot date: Feb 8, 2006; C:\magic\MAGIC03.APR 3.45' 1 r I i sw gut Mou N rsz.2> 50-85' te•2g~ w - L TA1N R 21i l ~q0 s N76-3 s.bz1 8 4•?6 n S I I 1 4809 st i ~ T.L. 1602 ~ II~~ _ I N f 2 ` I 17 I I ' ' 4890 sf I ~o` i_ 1 5815 st I sl I 1 ~ ' ~ io I I I T.L. 1500 Flo 3 . z t + i N ~W _ ~ o o ~ i 16 H, I 4910 st :2.00' a ? i 5309 sf i t~ I i NI S4000 43•_~_-~Nµ; . 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