SUB2005-00024 Decision - FRENCH PRAIRIE VINEYARDS NO. 2
NOTICE OF TYPE II DECISION
"URBAN SERVICE AREA"
SUBDIVISION (SUB) 2005-00024
FRENCH PRAIRIE VINEYARDS NO.2 SUBDIVISION
120 DAYS = 6/14/2006
SECTION I. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: FRENCH PRAIRIE VINEYARDS No. 2 SUBDIVISION
CASE NO.: Subdivision (SUB) SUB2005-00024
REQUEST: The applicant is requesting approval for a 13-lot Subdivision on 2.34 acres comprised of five
lots. The proposed lots range between 5001 and 6,451 square feet, with an average of 5, 856
square feet. The existing residence and accessory buildings will be removed, and the proposed
subdivision will replat Lots 9, 10 and 18 and Tract C of the French Prairie Vineyards
Subdivision. The subject property is located within. the Bull Mountain Community flan,
which is applicable to the proposed application.
OWNER: Spectrum Development, LLC APPLICANT: Spectrum Development,LLC
Attn: Kurt Dalbey Attn: Kurt Dalbey
P.O. Box 3440 P.O. Box 3440
Wilsonville, OR 97070 Wilsonville, OR 97070
APPLICANT'S Westlake Consultants, Inc.
REP.: Attn: Lee Leighton
15115 SW Sequoia Parkway, Suite 150
Tigard, OR 97224
COMPREHENSIVE
PLAN
DESIGNATION: R-7; Single-Family, Medium Density Residential.
ZONE: R-7 Medium Density Residential. The R-7 district is designed to accommodate
attached single-family homes, detached single-fa homes with or without accessory
residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot
size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright.
Some civic and institutional uses are also permitted conditionally.
LOCATION: 14850, 14888, and 14895 SW Pennie Lane and 14847 SW Burgundy Court; WCI'M 2S 108A.D,
Tax. Lots 1300, 123 00, 12400, 13200 and 14700.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725,
18.745, and 18.810, Bull Mountain Community Plan.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee APPROVES the
Subdivision request subject to certain conditions of approval. The findings and conclusions on which the decision is
based are noted in Section VI of this Decision.
NOTICE OF DECISION PAGE I OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
CONDITIONS OF APPROVAL
PRIOR TO COMMENCING ANY ON-SITE IMPROVEMENTS, INCLUDING CLEARING,
GRADING, EXCAVATION, AND/OR FILL, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
The app scant s a prepare a cover letter an submit it, along with any supppportingg~~ documents an or
Vans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: GARY
AGENSTECHER 503-639-4171 EXT 2434. The cover letter shall clearly identify where in the submittal
the required information is found=
1. Prior to site wort the applicant shall submit a statement that describes the method of site re-vegetation to
prevent erosion after construction activities are completed.
2. Prior to site work, the applicant shall submit a street tree 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.
3. Prior to commencing site work, the applicant shall submit security in the form of cash or other form
approved by the City for the equivalent value of mitigation required ($3,875.00). 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 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 following final plat appproval. After such
time, the applicant shall pay the remaining value of the cash assurance as a fee in lieu of pIantmg.
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 includin instaljation and removal of tree protection devices, clearing, grading, and pawing. 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.
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 purp Ose. of
monitoring and inspection of the tree protection to verify that the tree protection measures are pertormin
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 site work, the applicant shall acknowledge in writing that the development code provides for the
following penalties if the trees on-site are damaged or removed without approval:
Notwithstanding any other provision of this title, any party found to be in violation of this chapter pursuant to
Chapter 1.16 of the Tigard Municipal Cade shall be subject to a civil penalty of up to $500 and shallbe required
to remedy any damage caused by the violation. Such remediation shall include, but not be limited to, the
following:
A. Replacement of unlawfully removed or damaged trees in accordance with Section 18.790.060 (D) of the
Tigard Development Code; and
B. Payment of an additional civil penalty representing the estimated value of an unlawfully removed or
damaged tree, as determined using the most current International Society of Arboriculture's Guide for
Plant Appraisal.
NOTICE OF DECISION PAGE 2 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
The applicant shall prepare a cover letter and submit it, along with any su porting documents and/or plans
that address the }ollwin requirements to the ENGINEERING EPTMENT, ATTN: -HIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
7. Prior to commencing onsite improvements, a Public Facility Improvement PFI) permit is required for this
project to cover street improvements and any other work in the public right- o -wa (RO~. Eight (8~ sets of
detailed public improvement plans shall be submitted for review to the En ineerin evartment. TI0 these
plans are in addition to any drawings required by the Buildin Division aI shoal, onry include sheets relevant
to public improvements. Public Facility Improvement fvailab A) permi t plans shall conform to City of Tigard
Public Improvement Design Standards, which are le at ty Hall and the City's web page
(www.ci.tigard.or.us).
8. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the
individual or corporate entity who will be designatW the "Permittee", and who will provide the financial
assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership,
LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate
contact person. Failure to provide accurate information to the Engineering Department will delay processing
of project documents.
9. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer.
The purpose of this plan is for parking and traffic control during the public improvement construction phase.
All construction vehicle parking shall be provided on site. No construction vehicles or equipment will be
permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any
contractor or subcontractor involved in the construction of site improvements or buildings proposed by this
application, and shall include the vehicles of all suppliers and employees associated with the project.
10. The applicant's plans shall show the vision clearance areas.
11. The applicant's proposed street names must be submitted to the Engineering department for review and
approval.
12. The applicant's Public Facility permit construction drawings shall indicate that full width street
improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs,
asphaltic concrete pavement, sanitary sewers, storm drainage, street trees, streetlights, and underground utilities
shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to
local street standards.
13. The applicant's PFI drawings shall indicate that SW Pennie Lane and SW 148th Terrace will have a 50 foot
ROW and 28 foot paved section. The plans shall also include a Traffic Flow Plan, showing parking on one
side only, in order to meet the Skinny Street criteria.
14. A profile of all interior streets shall be required, extending 300 feet either side of the subject site showing the
existing grade and proposed future grade.
15. The applicant must obtain approval from Clean Water Services (CWS) for the proposed public sanitary and
storm sewer plan for the project. The applicant shall provide an on-site water quality facility as required by
Clean Water Services Design and Construction Standards (adopted by Resolution and Order No. 00-7).
Final plans and calculations shall be submitted to CWS for review and approval prior to issuance of the PFI
ermit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations
or review and approval.
16. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI)
permit construction drawings and shall be reviewed and approvedbythe City's Water Department, as a part
of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be
on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering
Department and construction of public water lines.
17. An erosion control planshall be provided as part of the Public Facility Improvement (PFI)~ppermit drawings.
The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual,
February 2003 edition."
NOTICE OF DECISION PAGE 3 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
18. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail
the provisions for surface drainage of all lots, and show that they will be graded to insure that surface
drainage is directed to the street or a public storm drainage system approved by the Engineering
Department. For situations where the back portions of lots 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.
19. The design engineer shall indicate, on the rading plan, which lots will have natural slopes between 10% and
20%, as well as lots that will have naturisloppes in excess of 20%. This information will be necessary in
determining if special grading inspections andlor permits will be necessary when the lots develop.
20. 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:
The app cant shall prepare a cover letter an submit it, a on with any supppportingg documents an or
plans that address the following requirements to the CURRM PLANNINGDIVISION, ATTN: GARY
PAGENSTECHER 503-639-4171 EXT 2434. The cover letter shall clearly identify where in the submittal
the required information is found:
21. 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 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.
22. The applicant is required to place visual clearance triangles at intersections on the final plat, and a note on
the final plat that reads, "Lots XYZ are sublet to zision of rance eases to the benefit of the City of bopnrnt ard as shown
and noted Said easements are subject to the City of Tigard Visual Clearance Amaa Standards (Tigard Code
Chapter 18.795)':
The applicant shall prepare a cover letter and submit it, along with any supppportin documents and/or plans
that address the following requirements to the ENGINEERING -DEPARTMENT, ATTN: -KIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
23. Prior to final plat approval, the applicant shall pay the addressing fee for all lots and tracts. (STAFF
CONTACT: Bethany Stewart, Engineering)..
24. The a~ppplicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's
lobaCpositioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same
line and shall be of the same precision as required for the subdivision plat boundary. Along with the
coordinates the plat shall contain the scale factor to convert ground measurements to grid measurements
and the angle from north to grid north. These coordinates can be established by.
GPS tie networked to the City's GPS survey.
By random traverse using conventional surveying methods.
25. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to
practice in Oregon and necessary data or narrative.
B. Attach a check in le amount of the current final plat review fee (Contact Plarnzing/Engineering Permit
Technicians, at (50~ata 639-4171, ext. 2421).
C. The final plat and or narrative shall be drawn to the minimum standards set forth by the Oregon
Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
D. NOTE: Washington 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.
E. After the City and County have reviewed the final plat, submit three myiar copies of the final plat for
qty Engineer si nature (for partitions), or City Engineer and Community Development Director
signatures (for subdivisions).
NOTICE OF DECISION PAGE 4 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
The applicant shall prepare a cover letter an submit it, along with any supppportln ocuments an or
ments to the CURKENT PLANNINNIVI ON, ATTN: GARY
pplans iliat addre ss the fo-Mowing reqquire
PAGENSTECHER 503-639-4171 EXT 2434. The cover letter shall clearly identify where in the submittal
the required information is fount
26. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign compliance
agreement.
27. 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 o} approval from the
project arborist regarding the placement and construction techniques to be employed in building the house. All
proposed protection fencing shall be installed and inspected prior to commencing construction, and shall
remain in place through the duration of home building. After approval from the City Forester, the tree
protection measures maybe removed.
The applicant shall a cover letter and submit it, along with any supportin documents and/or plans
that address the ollwing requirements to the ENGIEERING DEPARTMENT, ATTN: HIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
28. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a
Prior
copy of the recorded final plat.
29. Prior to issuance of building permits within the subdivision the City En weer shall deem the public
improvements substantially complete. Substantial completion tall be when: )Z utilities are installeand
inspected for comprecree , Including franchise utili ties, 2) all local residential streets have at least one lift of
asphalt, 3) any off-set and/or utility imPrq vements are substantially completed, and 4) all street lights are
installed and ready e energized. ( NOTEe Cit arom tCity's model home policy may Issue mdl hoe permits).
30. Prior to issuance of bull ' ennits, the applicant shall provide the City with as-built drawings of the public
improvements as follc 1 3 nil mylar 2) a diskette of the as-bunts in "DWG" format, if available; otherwise
"DXF" will be acceptable, and 3) the as-fat dra s shall be tied to the qty's GPS network The applicant's
engineer shall provide the City with an electronie with points for each structure (manholes catch basins,
water valves hydrants and other water systern features) in the development, and their respective X and Y State
Plane Coordinates, referenced to NAD 83 (91).
31. The a plicants engineer shall provide final sight distance certification for the intersections of SW Pennie
Lane/ W 148 Terrace and SW Burgundy Court/SW 148 Terrace.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY:
e app scant shall prepare a cover letter an submit it, a on g an sup p0 n ocuments an or
plans that address the following requirements to the CURRENT PLING DIVISION, ATTN: GARY
PAGENSTECHER 503-639-4171 EXT 2434. The cover letter shall clearly identify where in the submittal
the required information is found:
32. 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 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.
33. 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 (TPZ)
fencing install ation, 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 any changes that occurred to the TPZ as well as the condition and
location o} the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall
NOTICE OF DECISION PAGE 5 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
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 Arborist. This inspection will be to evaluate the tree
protection fencing, determine if the fencing was moved at any point during construction, and determine if
any part of the Tice Protection Plan has been violated.
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
Subdividers
hall:
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 Cityin writing that it maybe terminated; or
3. Cash.
The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil
engineer, to assist the City Engineer in calculating the amount of the performance assurance.
The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written
authorization from the City.
18.430.100 Filing and Recordin :
Within 60 ays o t e 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 of 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 MONUMNTATION SHALL BE PROVIDED AS FOLLOWS:
Centerline Monumentation
In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-
way shall be monumented before the City accepts a street improvement.
NOTICE OF DECISION PAGE 6 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO. 2
The following centerline monuments shall be set:
1. All centerline-centerline intersection points;
2. All cul-de-sac center points; and
3. Curve points, beginning and ending points (PC's and PT's).
All centerline monuments shall be set during the first lift of pavement.
Monument Boxes Required
Monument boxes cotr~ornrming 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 includingg 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 laced above ground, temporary utility service facilities during
construction, high capacity electric lines operating at 50,00 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 by the City.
Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the
City Engineer.
The cash or bond shall comply-with the terms and conditions of Section 18.810.180.
18.810.150 Installation Prerequisite
No land division improvements, includin 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, permt fee paid and
permit issued.
18.810.180 Notice to Ci Re uired
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 Engineer's Certification
The land divider's engineer shall provide written certification of a form provided by the City that all improvements
workmanship and materials are in accord with current and standard engineering and construction practices, and are of
high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and
maintenance.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Histo
AA search 0 city records indicates that the subject parcel does not have any previous land use cases on file. It adjoins
property that was previously approved for the French Prairie Vineyard Subdivision. It also involves replatting of
Lots 9, 10, 18, and Tract C of the previous subdivision. The subject parcel is outside the current city limits and is
within the urban Services Area, and is therefore under the City of Tigard's planning review.
NOTICE OF DECISION PAGE 7 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
Site Information and proposal Description:
The applicant is requesting approval or a 13-lot subdivision of 2.34 acres, and the existing residence and accessory
buildings will be removed.
Vicinity Information:
The proposed development lies within unincorporated Washington County between SW Bull Mountain Road and SW
Beef -Rend Road and is accessed from SW 150"' Avenue. other accss points are available to the site due to
previous construction surrounding the subject property. The northeast and west sides of the property are abutted by
platted lots of other subdivisions. The entire area is zoned R-7.
SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET
The City sent notice to property owners within 500 feet of the subject proposal and received no response from the
neighbors.
SECTION V. SUMMARY OF APPLICABLE CRITERIA
A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this decision
are as follows:
A. Subdivision
18.430
B. At)olicable Develo ment Code Sections
18.705 ccess, Egress and Circulation)
1.10 lision esidential zoning trios)
18.715 ens'
18.725 nvironmental Performance)
18.745 andscaping and screenin
18.765 ff-street parking and loading requirements)
18.790 ree removal)
18.795 clearance)
C. Street and Utili Im rovement
18.810 (Street and Utility Improvement Standards)
D. Decision Making Procedures
18.390 (Impact Study)
E. Bull Mountain Community Plan
The proposal contains no elements related to the provisions of these Specific Development Standard Code
Chapters: 18.710 (Accessory Residential Units), 18.740 (Historic Overpay), 18.742 (Home Occupations), 18.750
(Manufacture Mobil Home Regulations), 18.755 (Mixed Solid Waste & Recyclable SStorage 18.760
Nonconforming Situations), 18.785 (Temporary Uses), and 18.798 (Wireless Communication Facilities. These
chapters are, therefore, found to be inapplicable as approval standards.
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
A - SUBDIVISION GENERAL PROVISIONS:
Approval through two-step process. An app Ecation for a subdivision shall be processed through a two-
step process: the preliminary plat and the final plat.
The preliminary plat shall be approved by the Approval Authority before the final plat can be
submitted for approval consideration; and
The final plat shall reflect all conditions of approval of the preliminary plat.
The applicant has submitted a preliminary plat for approval consideration. Street names will be reviewed at the time
prel.iniinaryplat is submitted. Final plat reviewwill occur after the decision is final.
NOTICE OF DECISION PAGE 8 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
Compliance with ORS Chapter 92. All subdivision proposals shall be in conformity with all state
regulations set forth in ORS Chapter 92, Subdivisions and Yartitions.
The applicant is responsible for ensuring that the plat satisfies any requirements Of Oregon Revised Statutes (ORS)
Chapter 92 beyond what is already required in the Tigard Development Code. Such conformance is assured
through Washington Counts plat review.
Future Re-Division.
When subdividing tracts into large lots, the Approval Authority shall require that the lots be of such size
and shape as to facilitate future re-division in accordance with the requirements of the zoning district and
this title.
The proposed lot sizes of the subdivision will range from 5,001 square feet to 6,451 square feet and average 5,856
square feet. These lots are of such size and shape as to preclude any re-division according to the requirements of
the zoning district. Therefore, this standard has been satisfied.
Lot Size AveragginggSection 18.430.020.D states lot size may be averaged to allow lots less than the minimum lot size allowed in
the underlying zoning district as long as the average lot area for all lots is not less than allowed by the
underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot
size allowed in the underlying zoning district.
The minimum lot size allowed bythe R-7 zoning district is 5,000 square feet. The above standard allows lots to be
reduced below the minimum lot size no less than 80 percent of the minimum lot size. Therefore, no lot within the
R-7 zoning district can be reduced below 4,000 square feet. The proposed preliminary plat shows each lot meeting
the minimum lot size of 5,000 square feet, so the lot size averaging provision does not applyto this proposal.
Temporary sales office. Temporary sales offices in conjunction with any subdivision may be granted as
set forth in Chapter 18.785, Temporary Uses.
The applicant has not proposed a sales office; however, if one is later requested, it will be reviewed through a
separate temporary use permit process.
Minimize flood damage. All subdivision proposals shall be consistent with the need to minimize flood
damage.
Due to the topo raphyy of the site, storm water is anticipated to leave the site and not cause flooding. The elevation
of the nearest floodplain is 130 feet. The elevation of the subdivision is 585 feet. Storm drainage facilities are
required and will be reviewed by Clean Water Services and also by the City for conformance with design and
construction standards as discussed later in this decision.
Floodpplain dedications. Where land filling and/or development is allowed within and adjacent to the 100-
year floodplain outside the zero-foot rise floodway, the City shall require consideration of the dedication of
sufficient open land area for a greenway adjoining and within the floodplain. This area shall include
portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain
in accordance with the adopted pedestrian bicycle pathway plan.
The site is not within nor adjacent to the 100-year floodplain. The nearest floodplain is approximately 7,700 feet to
the southeast. The elevation of the nearest floodplain is 130 feet. The elevation of the proposed subdivision is 585
feet. This standard is not applicable.
Need for adequate utilities. All subdivision proposals shall have public utilities and facilities such as
sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
There are no flood hazards identified for this site. Therefore, this standard'does not apply.
Need for adequate drainage. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and
Drainage is discussed in greater detail under the Street and Utility Improvement section and addresses issues related
to storm water detention facilities.
NOTICE OF DECISION PAGE 9 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
Determination of base flood elevation. Where base flood elevation has not been provided or is not
available from another authoritative source, it shall be generated for subdivision proposals and other
proposed developments which contain at least 50 lots or five acres (whichever is less).
Based on the FEMA flood maps, the site does not He within a 100-year flood plain. Therefore, this standard does
not apply.
Section 18.430.030 (E) describes the approval process for Phased Developments.
The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no
case shall the actual construction time period for any phase be greater than two years without re-applying
for a preliminary plat. The criteria for approving a phased site development review proposal are:
The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase
to ensure provision of public facilities prior to building occupancy;
The development and occupancy of any phase shale not be dependent on the use of temporary
public facilities:
The application for phased development approval shall be reviewed concurrently with the preliminary plat
application and the decision may be appealed in the same manner as the preliminary plat.
The applicant has not proposed a phased development. Therefore, this standard does not apply.
The Approval Authority may approve, approve with conditions or deny a preliminary plat based on the
following approval criteria:
The proposed preliminary plat complies with the applicable zoning ordinance and other applicable
ordinances and regulations;
Compliance with the zoning ordinance and other applicable ordinance and regulations will be assured through
review and imposition of conditions of approval as necessary, as outlined in this decision. The City of Tigard signed
an Intergovernmental Agreement (IGA) with Washington County when it agreed to take over planning hut- ;diction in
the urban services area. The urban services area is the area outside of the current Tigard CityLimits, but within Tigard's
Urban Growth Boundary. It is the area in which Tigard is anticipated to grow. Fundamental to the agreement between
Tigard and Washington County is the understanding that areas in the urban services area will, over time, be
incorporated into the City of Tigard as they are more intensively developed and as they require urban services. The
proposed development will intensify the need for urban services in this area. Consequently, the development site
should be annexed into the City.
The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92;
The applicant has indicated that the plat name is not a duplicate and has obtained a plat name reservation approval
from Washington County.
The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major
partitions already approved for adjoining property as to width, general direction and in all other respects
unless the City determines it is in the public interest to modify the street or road pattern; and
This will be discussed in ggreater detail under Tigard Development Code (TDQ Chapter 18.705, Access and Chapter
18.810, Street and Utility improvement Standards.
An explanation has been provided for all common improvements.
The applicant's narrative provides the necessary explanation for all common improvements.
FINDING: Based on the analysis above, the subdivision standards have been satisfied.
NOTICE OF DECISION PAGE 10 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
B- APPLICABLE TIGARD DEVELOPMENT CODE SECTIONS
Residential Zoning Districts 18.510)
Lists the description 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:
STANDARD R-7
Minimum Lot Size
Detached unit 5,000 sq. ft.
Duplexes 10, 000 s .ft.
Average Minimum Lot Width
Detached unit lots 50 ft.
Duplex lots 50 ft.
Maximum Lot Coverage 80%
Minimum Setbacks
Front yard 15 ft.
Side facing street on corner & through lots 10 ft.
Side yard 5 ft.
Rear yard 15 ft.
Side or rear yard abutting more restrictive zoning district 30 ft.
Distance between property line and front of garage 20 ft.
Maximum Height 35 .
Minimum Lan sca e Re uirement 20%
[1] Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping.
The proposed lots range in size from 5,001 square feet to 6,451 square feet. All lots meet the minimum lot width
requirements, based on the dimensions provided on the plan. The applicant will be required to comply with the
setbacks, height and lot coverage/landscape requirements during the building permit review process for the homes on
individual lots. All lots within this subdivision are for single-family units. This is not a planned development; therefore,
the setbacks are as prescribed bythe base zone.
FINDING: Based on the analysis above, the residential zoning district dimensional standards are satisfied.
Access, Egress and Circulation (18.705
18.705.030-(C). descri es Joint access provisions. Owners of two or more uses, structures, or parcels of land
may agree to utilize jointly the same access and egress when the combined access and egress of both uses,
structures, or parcels of land satisfies the combined requirements as designated in this title, provided:
Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to
establish the joint use; and
Copies of the deeds, easements, leases or contracts are placed on permanent file with the City.
No joint access is proposed with this application. All access will be direct from each lot and provided via public
streets.
Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301
shall connect irec y with a public or private street approved by the City for public use and shall be
maintained at the required standards on a continuous basis.
All lots will directly access a public street. No private streets are proposed within the development.
Required walkway location. On-site pedestrian walkways shall comply with the following standards:
Walkways shall extend from the ground floor entrances or from the round floor landing of stairs, ramps,
or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required
access and egress. Walkways shall provide convenient connections between buildin$Zs in multi-building
commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed
between new and existing developments and neighboring developments;
NOTICE OF DECISION PAGE 11 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
Within all attached housing (except two-family dwellings) and multi-family developments, each
residential dwelling shall be connected by walkway to the vehicular parking area, and common open space
and recreation facilities;
Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be
designed and located for pedestrian safety. Required walkways shall be physically separated from motor
vehicle traffic and parking by either a minimum 6-inch vertical separation kcurbed) or a minimum 3-foot
horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no
greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are
used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions
such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA
standards;
Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick,
etc. Walkways may be reuired to be lighted and/or signed as needed for safety purposes. Soft-surfaced
public use pathways may be provided only if such pathways are provided in addition to required pathways.
This proposal is for a single-family development, this standard does not apply.
Curb cuts shall be in accordance with Section 18.810.030N.
Curb cuts will be addressed under Chapter 18.810 Street and Utility Improvements Standards later in this decision.
Inadequate or hazardous access. Applications for building permits shall be referred to the Commission for
review when, in the opinion of the Director, the access proposed:
Would cause or increase existing hazardous traffic conditions; or
Would provide inadequate access for emergency vehicles; or
Would in any other way cause hazardous conditions to exist which would constitute a clear and
present danger to the public health, safety, and general welfare.
The lots within this subdivision will be providing direct access to public streets that connect directly to public
streets. Tualatin Valley Fire and Rescue and Tigard Police have been notified of the proposed subdivision and have
not indicated a hazard. Streets within the subdivision will be required to meet City design standards. The Director
has not determined that Planning Commission review is necessary for building permits. With regard ~ to streets and
street intersections, these issues are addressed under TDC Chapter 18.810 and through the AASHTO, Washington
County and City's road design standards.
Direct individual access to arterial or collector streets from sin le-family dwellings and duplex lots shall be
discouraged. Direct access to collector or arterial streets sha be considered only if there is no practical
alternative way to access the site. If direct access is permitted by the City, the applicant will be required to
mitigate for any safety or neighborhood traffic management TM) impacts deemed applicable by the
City-Engineer. his may include, but will not be limited to, the construction of a vehicle turnaround on
the site to eliminate the need for a vehicle to back out onto the roadway.
The proposed single-family lots will have access via proposed public streets, i.e., SW Pennie Lane and SW Burgundy
Court, which will. connect directly or indirectly to SV150'h Avenue, which is a collector. Therefore, no single-
family lot will have direct access to a major collector or arterial.
In no case shall the design of the service drive or drives require or facilitate the backward movement or
other maneuvering of a vehicle within a street, other than an alley. Single-family and duplex dwellings are
exempt from this requirement.
The proposed single-family development is exempt from this requirement.
Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals
which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance
and deceleration standards as set by ODOT, Washington County, the City and AASTO.
NOTICE OF DECISION PAGE 12 OF 30
SU132005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
The applicant's engineer has provided a Preliminary Sight Distance certification (Exhibit II, Fmxb Prairie Vineyards II
PSub&~innonApplic~t
L e as tint e sc tscwith SWe 48 'Terrace stop e onptrol t sengineerdshall orovidesFiri l S ht Disstance
certification upon completion of street improvements for t116 intersection at SW Pefiinie Lane and 148th Terrace.
The vision clearance areas shall be clearly indicated on the PFI plans.
Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of
collector or arterial street intersections. Influence area of intersections is that area where queues of traffic
commonly form on approach to an intersection. The minimum driveway setback, from a collector or
arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to
the throat of the proposed driveway. The setback may be greater depending upon the influence area, as
determined from City Engineer review of a traffic impact report submitted by the applicant's traffic
engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any
option for shared access with the adjacent parcel. If shared access is not possible or practical, the
driveway shall be placed as far from the intersection as possible.
As shown on the preliminary plat, the.proposed subdivision lots will not place driveways within the influence area
of a collector or arterial street intersection.
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.
The applicant has proposed the street servm* this site extend Pennie Lane to intersect with a new north-south local
street, i.e., 148th Terrace. The spacing of Pennie Lane with the existing Burgundy Court to the south is
approximately 180 feet and complies with the minimum spacing standard of 125 feet for local streets along a local
street.
Minimum access requirements for residential use. Vehicular access and egress for single-family, du lex or
attached single-family dwelling units on individual lots and multi-family residential uses shall not be less
than as provided in Table 18.705.1 and Table 18.705.2;
The access and egress into the site itself is discussed later in this decision under the Street and Utility Improvements
Standards section of this decision. Access to individual lots will be reviewed for compliance during the building
permit phase.
Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor entrance
or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units;
No multi-family structures are proposed with this application. Therefore, this standard does not apply.
Private residential access drives shall be provided and maintained in accordance with the provisions of the
Uniform Fire Code;
There are no residential access drives apart from typical driveways proposed with this project.
Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning
around of fire apparatus by one of the following:
A circular, _paved surface having a minimum turn radius measured from center point to outside
ed e of 35 et;
A tammerhead-configured, paved surface with each leg of the hammerhead having a minimum
depth of 40 feet and a minimum width of 20 feet;.
The maximum cross slope of a required turnaround is 5%.
The preliminary plat shows the termination of 148t' Terrace at the north boundary of the subdivision site and allows
for future street connectivity with the adjoining property. The length of this dead-end street section for 148'
Terrace is approximately 130 feet and does not rewire an approved circular or hammerhead-configured turnaround.
Therefore, this ordinance provision is not applicable.
NOTICE OF DECISION PAGE 13 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
Vehicle turnouts, (providing a mimmurn total driveway width of 24 feet for a distance of at least 30 feet),
may, be required so as to reduce the need for excessive vehicular backing motions in situations where two
vehicles traveling in opposite directions meet on driveways in excess of 2'60 feet in length;
There will be no driveways exceeding 200 feet in length. Therefore, this standard does not apply.
Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no less
than 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site.
This standard is not applicable as there are no driveway approaches to arterial or collector streets.
FINDING: Based on the analysis above, the Access Egress and Circulation standards have been met.
Density Computations and Limitations (18.715):
Chapter 18.7 implements the Comprehensive Plan by establishing the criteria for determining the number
of dwellin units permitted. The number of allowable dwelling units is based on the net deveopment area.
The net area is the remaining parcel area after exclusion of sensitive lands and land dedicated for public
roads or parks. The net area is then divided by the minimum lot size permitted by the zoning district to
determine the number of dwelling units that may be developed on a site.
Based on the formulas in Chapter 18.715 of the City of Tigard Community Development Code, the maximum and
minimum number of units permitted on the site are based on the net developable area, subtracting sensitive land
areas, land dedicated to public parks, land dedicated for public right-of-way, and land for private streets from the
total site area. Of the total site area (101,930 square feet), 21?024 square feet will be dedicated to public street right-
of-way. Also, 5,409 square feet is encumbered by a sensitive lands buffer (Tract "C"). This results in a net
developable area of 75,497 square feet (1.73 net acres). Therefore, the maximum number of lots permitted on this
site based on 5,000 square foot lots is 15, and the minimum number of lots is 12. The applicant's proposal to build
13 new lots for single-family detached homes meets the minimum density requirements ofpthe R-7 zone.
FINDING: Based on the analysis above, the Density Standards have been satisfied.
Environmental performance standards (18.725
These standards require that federal and state environmental laws, rules and regulations be applied to development
within the qty of Tigard. Section 18.725.030 (Performance Standards) regulates: NO>se, visible emissions,
vibration and odors.
Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard
Municipal Code shall apply.
Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning district,
there shall be no use, operation or activity which results in a stack or other point- source emission, other
than an emission from space heating, or the emission of pure uncombined water steam) which is visible
from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015
and 340-28-07apply.
Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any
given zoning district which is discernible without instruments at the property line of the use concerned.
Odors. The emissions of odorous ases or other matter in such quantities as to be readily detectable at an
poi t beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090
apply.
Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature
processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there
shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source;
and 2) these regulations shall not apply to si ns or floodlights in parking areas or construction equipment
at the time of construction or excavation wort otherwise permitted by this title.
Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in
a manner which will not attract or aid the propagation of insects or rodents or create a health hazard.
NOTICE OF DECISION PAGE 14 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
This is a detached single-family project, which is permitted within the R 7 zone. There is nothing to indicate that
these standards will not be met. However, ongoing maintenance to meet these standards shall be maintained and
any violation of these standards will be addressed by the City of Tigards' Code Enforcement Officer.
FINDING: The Environmental Performance standards are met.
Landscaing and Screening (18.745):
Chapter-18.745 contains landscaping pprevisions for new development. Section 18.745.100 requires that street
trees be planted in conjunction with all development that fronts a street or driveway more than 100 feet long.
A proposed planting list must be submitted for review by the Director since certain trees can damage utilities,
streets and sidewalks or cause personal injury.
Section 18.745.030.E states that existing vegetation on a site shall be protected as much as possible (for
example, areas not to be disturbed canbe fenced as in snow fencing which can be around individual
trees).
Section 18.745.040.C contains specific standards for spacing of street trees as follows:
Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall be spaced
no greater than 20 feet apart;
Medium sized trees (25 }eet to 40 feet tall, 16 feet to 35 feet wide branching) shall be spaced no greater
than 30 feet apart; and
Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 40
feet apart;
The applicant has proposed a public street system with SW 148' Terrace and extension of SW Pennie Lane in
excess of 150 feet. According to the standard, any street or driveway more than 100 feet in length must provide
street trees according to Section 18.745.040.C. The applicant has indicated that street trees will be included on the
final construction drawings. Therefore, the s ppR t is reqg~uired to provide a plan showing street trees that are in
compliance with Section 18.745.040.C.2.C ofpthe Tigard Develo ment Code. In addition, the City Forester has
provided recommendations regarding accepted planting procedures and tree s ecies diversity that should be
incorporated into the street tree plan. (See City Forester's comments in Section VIT Other Staff Comments.)
Section 18.745.050 contains the provisions and requirements for buffering and screening.
The Bufferin and Screening Matrix (Section 18.745.1) does not require buffering or screening when a single-family
detached rest ential use is proposed adjacent to existing detached single-family dwellings. Therefore, this section
does not apply.
Section 18.745.060 contains the provisions for re-vegetation where natural vegetation has been removed
through grading. Such areas are to be replanted as set forth in this section to prevent erosion after
construction activities are completed.
The applicant has indicated that all areas disturbed during construction of the site improvements will be re-planted
and/or covered per standards as established by Clean Water Services. Measures will be implemented to reduce
erosion of surface materials until homes are constructed and final landscaping is placed. The applicant is required
to provide a re-vegetation and erosion plan prior to grading permits.
FINDING: Based on the analysis above, the Landscapin and Screening standards have not been met. If the
applicant complies with the conditions below, the standards will be met.
CONDITIONS:
♦ The applicant shall provide a re-vegetation and erosion plan.
The apppplicant shall provide a lan showing street trees that are in compliance with Section
18.745.040.C.2.C of the TigardpDevelopment Code.
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 ?,or each dwelling unit.
NOTICE OF DECISION PAGE 15 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
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 durin the building
permit phase, and it is feasible that this standard will be met byproviding driveways an garages, the
Off-Street Parking and Loading requirements have been satisfied.
Signs (18.780):
Chapter 18.780 regulates the placement, number and design criteria for signage.
No signs are proposed in conjunction with this development. Any future signage will be subject to the sign permit
requirements in Chapter 18.780. There has been a proliferation of sign violations from new subdivisions. In
accordance with a new policy adopted by the Director's Designee, all new subdivisions must enter into a sign
compliance agreement to facilitate a more expeditious court process for citations.
FINDING: To expedite enforcement of sign violations, a sign compliance agreement will be required.
CONDITION-Prior to the issuance of building permits, the developer shall sign a copy of the City's sign compliance
agreement.
Tree Removal (18.790)
Chapter 18.790.030 requires the submittal of a tree plan that identifies the location size and species of all
trees on the site, a program to save existing trees over 12-inch diameter at breast height (dbh) or mitigate
for their removal identification of trees to be removed, and a protection program de wing standards and
methods that wilt be used by the applicant to protect trees during and after construction.
The applicant has submitted a tree plan that identifies the location, size and species of all trees located on the site.
The City Forester has reviewed the tree plan and provided the following comments:
As required,,the applicant submitted a tree plan that was conducted by a certified arborist, Stephen Goetz. The
report contains the four requaired components, but the applicant has not shown exactly how the tree mitigation
requirements will be met so the report is unacceptable.
I suggest planting native species of trees as street trees such as bigleaf maple, cascara or Oregon white oak.
Properlysized oaks can be found at River Oak Farm &Nursery. CallDiane at 503-357-2745.
There are a total of four (4) trees on site 12 inches and greater which are subject to mitigation. Three (3) of the
trees are slated for removal. Therefore, according to the mitigation schedu~e above, 66% of the inches to be
removed shall be mitigated.
The sum total of diameter inches of the trees which will be removed is 47. The amount of tree mitigation inches
required for this project is 31 inches.
To satisfy this requirement, the applicant may plant trees onsite, offsite, or pay a fee-in-lieu at the rate of $125.00
per inch ($3,875). Any tree mitigation plan must be approved by the City Forester.
The number of trees per backyard can only be two, spaced no closer than 20 feet on center. Only one tree can be
planted in the front yard. The. developer can plant as many trees onsite as he wishes, but only three per homesite
will be counted towards tree mitigation.
The developper also must understand that the quality of trees being planted as mitigation onsite or offsite will be
scrutinized }or overall quality including health, form, a strong central leader and branching patterns. Trees from a
Christmas Tree Farm will most likely not pass muster due to their undesirable form and competing central leaders.
Section 18.790.040 states that any tree preserved or retained in accordance with this section may thereafter
be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a
condition of approval for a conditional use, and shall not be subject to removal under any other section of
this chapter. The property owner shall record a deed restriction as a condition of approval of any
development permit affected by this section to the effect that such tree may be removed only if the tree
NOTICE OF DECISION PAGE 16 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
dies or is hazardous according to a certified aborist. The deed restriction may be removed or will be
considered invalid if a tree reserved in accordance with this section should either die or be removed as a
hazardous tree. The form of this deed restriction shall be subject to approval by the Director.
The applicant will be required as a condition of approval to record a deed restriction limiting the removal of trees
that are retained on the project site following completion of the subdivision improvements, m accordance with this
standard.
FINDING: Based on the analysis above, the Tree Removal standards will be met, if the applicant complies with
the conditions listed below:
CONDITIONS:
Prior to any site work, the applicant shall submit a cash assurance or any other assurance approved by the
City for the equivalent value of mitigation required ($3,875.00). 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 approved assurance be
correspondingly reduced. trees planted on the site or off site in accordance with 18.790.060 (D) will be
credited against the approved assurance, for two years following final plat approval. After such time, the
applicant shall pay the remaining value of the approved assurance as a fee in lieu of planting.
Prior to any site work, a combination utility/tree protection plan shall be incorporated as a supplement to
the PFI permit plans to ensure minimization of utility lines and street improvements within the specified
tree protection zone (TPZ). The applicant shall submit construction drawings that include the approved
Tree Removal Protection and Landscape Plan. The plans shall also include a construction sequence
includin 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 bythis decision.
Prior to any site work, the applicant shall install all proposed tree protection fencing. The fencing shall.be
inspected and approved by the City Forester prior to commencing any site work The tree protection
fencing shall remain in pplace through the duration of all of the building construction phases, until the
Certificate of Occupancyhas been approved.
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 (TPZ)
fencing installation, through the budding construction phases, as he monitors the construction activities and
progress. 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. These reports must be provided to the City Forester until the time of the issuance of any
Certificates of Occupanc . The reports shall include an changes that occurred to the TPZ as well as the
condition and location ofythe tree protection fencing. IfYthe amount of TPZ was reduced then the Project
Arborist shall justify why the fencing was moved, and shall certify that the construction activities to the trees
did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not
submitted or received by the City Forester at the scheduled intervals, and if it appears the TPZ s or the Tree
Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop work on the
project until an inspection can be done by the City Forester and the Project Arborist.
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 certlfiecT aborist. 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.
The applicant shall acknowledge in writing that the development code provides for the following penalties if
the trees on-site are damaged or removed without approval: Notwithstandin any other provision of this
title anyparty found to be in violation of this chapter pursuant to Chapter 1.16 of the Tigard Municipal
Code shall be subject to a civil penalty of up to $500 and shall be required to remedy any damage caused by
the violation. Such remediation shall include, but not be limited to, the following:
■ Replacement of unlawfully removed or damaged trees in accordance with Section 18.790.060 (D) of the
Tigard Development Code; and
NOTICE OF DECISION PAGE 17 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
■ Payment of an additional civil penalty representing the estimated value of any unlawfully removed or
damaged tree, as determined using the most current International Society of Arboriculture's Guide for
Plant Appraisal.
Vision Clearance:
Chapter 18.795 applies to all development and requires that clear vision area shall be maintained on the
corners of all property adjacent to intersecting right-of-ways and at the intersection of a public street and a
private driveway. A ;visual clearance area shall contain no vehicle, hedge, planting, fence, wail structure,
signs, or temporary or permanent obstruction exceeding three feet in height.
The applicant has indicated the vision clearance will be maintained by respective property owners of the proposed
lots on the corners of all street intersections within the proposed subdivision. To ensure visual clearance, the
applicant will place visual clearance triangles at all intersections on the final plat, and a note on the final plat that
reads, "a visual clearance area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or
permanent obstruction exceeding three feet in height.
FINDING: Based on the analysis above, the visual clearance standards will be met, if the applicant complies
with the condition listed below.
CONDITION.-The applicant is required to place visual clearance triangles at all intersections on the final plat, and a
note on the final plat that reads, "A visual clearance area shall contain no vehicle, hedge, planting,
fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height."
C - STREET AND UTILITY IMPROVEMENTS STANDARDS (SECTION 18.810
Street And 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 local residential street under 500
ADT to have a 50/46-f6ot right-of-way width and 28/24-foot paved section. Other improvements required
may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage,
and street trees.
The applicant is proposing to construct two public, local residential streets:
148"' Terrace is a proposed local street, terminating at the north property line. The applicant has roposed a
"Skinny Street Option for <000 vpd (vehicles per day). The required ROW for this option is 50 feet and the
paved section is 28 feet from curb to curb. This section provides for parking on both sides. The applicant has
submitted a table that resents vehicle trips per day for the proposed development and future build-out of adjacent
properties. Based on future densities, it is expected that total future trips W be approximately 200 vehicle trips per
day. This meets the criterion for the skinny street option proposed.
Pennie Lane is also proposed for the "Skinny Street Option" with 0000 vpd and will match the street
improvements constructed for the section of Pennie Lane approved for phase 1, F&nda Prairie Vines rds. The
required ROW for this option is 50 feet and the paved section is 28 feet, with parking on both sides. The vehicle
tnps,.as estimated for future build-out, is approximately 200 vehicle trips per day, thus meeting the skinny street
criterion.
The applicant has provided a traffic flow plan for these two streets with this subdivision application (see Exhibit M
sheets 9 and 10, P liminary Ea2gineeringP&m. The traffic flow plan shows where parking will be allowed/prohibited
and how traffic will flow around parked cars. This plan will be reviewed for appropriate signing and striping.
NOTICE OF DECISION PAGE 18 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
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 fixture streets from the boundaries of the proposed land
division. This section also states at where it is necessary to give access or pen-nit 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 b 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 possible future street plan that shows 148' Terrace extending north into the adjoining
property to the north for future public street access. The street extension shown is a modified "e brow"with an east-
west onented street extension that intersects with 150th Avenue. In view of the size and shape of the adjoining property
and surrounding development pattern, staff concurs with the proposed future street plan layout.
Street Alignment and Connections:
Section 1$.810.030.H.1 states that full street connections with spacing of no more than 530 feet between
connections is required except where prevented by barriers such as topography, railroads, freeways, pre-
existin developments, lease provisions, easements, covenants or other restrictions existing prior to May 1,
1995 wich 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 le 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 considered precluded when it is not possible to
redesign or reconfigure the street pattern to provide required extensions. Land is considered topographically
constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or
topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection
is not possible. The applicant must show why the constraint precludes some reasonable street connection.
The applicant is proposing to construct public streets that will connect with adjoining phase 1 subdivision streets,
i.e., Penme Land and Burgundy Court. The proposed street connections are consistent with the code street
alignment and connection requirements stated above.
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on
collector streets, or 12% on any other street (except that local or residential access streets may have segments
with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as
determined by the City Engineer.
The proposed vertical grades for all streets are less than 12%, thereby meeting this criterion.
Access to Arterials and Major Collectors: Section 18.810.030.0 states that where a development abuts or is
traversed by an existing or proposed arterial or major collector street, the development design shall
provide adequate protection for residential properties and shall separate residential access and through
traffic or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall
include any of the following:
♦ A parallel access street along the arterial or major collector;
♦ Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with
frontage along another street;
♦ Screen planting at the rear or side property line to be contained in a non-access reservation along
the arterial or mayor collector; or
♦ Other treatment suitable to meet the objectives of this subsection;
♦ If a lot has access to two streets with different classifications, primary access should be from the
lower classification street.
No lots in this development will have direct access onto 15& Avenue, which is classified as a Collector.
NOTICE OF DECISION PAGE 19 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
Block Desi ns -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.
The connection of Pennie Lane and 148"' Terrace with phase 1 subdivision streets will create blocks consistent with
the ordinance design standards and sizes, i.e., block perimeters will not exceed 2,000 lineal feet.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-
ways shall be provided when full street connection is not possible. Spacing between connections shall be
no more than 330 feet, except where precluded by environmental or topographical constraints, existing
development patterns, or strict adherence to other standards in the code.
The applicant has provided a future circulation plan that demonstrates proposed streets to align to meet block
perimeter standards as future development occurs. Therefore, this standard does not apply
Lots - Size and Shape: Section 18.810.060(A) 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. Based on the standard above, none of the
proposed parcels can be more than 2.5 time the average lot width unless they are less than 1.5 times the minimum lot
size (7,500 square feet). None of the proposed buildable lots exceed 7,500 square feet. Therefore, this standard does
not apply.
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private
streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a pparcel to
either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases
where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet.
Proposed lots # 31 and # 32 have the least amount of frontage of any of the proposed lots (50 feet). Therefore, this
standard has been satisfied.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and
be located on both sides of arterial, collector and local residential streets. Private streets and industrial
streets shall have sidewalks on at least one side.
The applicant's plans show that sidewalks will be constructed on both sides of all interior streets.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new
development and to connect developments to existing mains in accordance with the 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-sizing: Section 18.810.090.C states that proposed sewer systems shall include consideration of
additional development within the area as projected by the Comprehensive Plan.
The applicant has shown the extension of public sewer lines from Pennie Lane and Burzlmdy Court in the phase 1
subdivision to serve this development. The public line is extended within the proposed ROW of the new section of
Pennie Lane and 148`h Terrace. The public sewer main will stub in the 148 Terrace ROW at the north property
line to serve upstream parcels when the abutting property is redeveloped.
NOTICE OF DECISION PAGE 20 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
The applicant shall submit the sewer construction plans to both the City of Tigard and Clean Water Services (CWS).
CWS will review and approve the plans for construction. The applicant shall provide the City with an approved set
of plans from CWS prior to issuance of the PFI permit.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water
and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.C states that a culvert or other drainage facility
shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether
inside or outside the development. The City Engineer shall approve the necessary size of the facility,
based on the provisions of Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 2000 and including any future revisions or
amendments).
Storm water runoff from the proposed lots and streets will be conveyed via storm sewers into a water quality facility
and detention facility within Tract `A' of the adjoining French Prairie Vineyards Subdivision. The applicant shall
submit construction plans for storm drainage improvements to both the City of Tigard and CWS for review. The
applicant has submitted the storm drainage study for the French Prairie Vineyards Subdivision and will also have to
address the upstream runoff from properties to the north.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City
Engineer that the additional runoff resulting from the development will overload an existing drainage
facility, the Director and Engineer shall withhold approval of the development until provisions-have been
made for improvement of the potential condition or until provisions have been made for storage of
additional runoff caused by the development in accordance with the Design and Construction Standards
for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including
any future revisions or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek
Watershed Management Plan. Section 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 Cary 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.
As previously explained the a phcant will be sharing a detention facility with the phase 1 subdivision development.
The City of Ti and anc~ 'have already approved the detention facility to serve the proposed French Prairie
Vineyards Na. Subdivision. [Note: Verify that City & CWS have so approved.]
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.
The proposed development does not adjoin any bikeways identified on the City's adopted pedestrian/bikewayplan.
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
round, temporary utility service facilities during construction, high capacity electric lines operating at
0,000 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;
NOTICE OF DECISION PAGE 21 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
♦ 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.
The applicant states that it is feasible to provide all necessary underground utility facilities and the easements to
support them as part of the final plat and construction phases of the project. This standard will be satisfied through
compliance with the conditions of approval.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Public Water System:
The City of Tigard provides water service in this area.
Storm Water ali
The City has ato enforce Surface Water Management (SWM) regulations established by Clean Water
Services (CWS Design and Construction Standards- (adopted by Resolution and Order No. 00-7) which
require the construction of on-site water quality facilities. The facilities shall be designed to remove 65
percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly
created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency
and method to be used in keeping the facility maintained through the year.
Prior to construction, the applicant shall submit plans and calculations for a water quality facility, that will meet the
intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that
must be reviewed and approved by the City prior to construction.
Prior to the City accepting this facility as a public facility, the developer shall maintain it for a minimum of three
years after construction is completed. The pond shall be placed in a tract and conveyed to the City on the final plat.
The developer will be required to submit annual reports to the qty which show what maintenance operations were
conducted on the facility for that year. Once the three-year maintenance period is completed, the City will inspect
the facility and make note of any problems that have arisen and require them to be resolved before the City will take
over maintenance of the facility. In addition, the City will not take over maintenance of the facility runless 80
percent of the landscapinglis established and healthy. If at anytime during the maintenance period, the landscaping
falls below the 80 percent -level, the developer shall immediately reinstall all deficient planting at the next appropriate
planting opportunity.
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 acre of land. Since this
site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to
construction. This permit will be issued along with the site and/or building permit.
NOTICE OF DECISION PAGE 22 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
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 theyw be graded to insure that surface drainage is directed to
the street or a public storm drainage system approved by the Engineering Department. For situations where the back
portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be
provided to sufficiently contain and convey runoff from each lot.
The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the
roposed grading slope construction. The recommendations of the report will need to be incorporated into the
Final grading planand a final construction supervision report must be filed with the Engineering LSepartment prior
to issuance of building permits.
The design engineer shall also indicate, on the rading plan, which lots will have natural slopes between 10% and
20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in
determining if special grading inspections and/or permits will be necessary when the lots develop.
The applicant is required to obtain an NPDES 1200-C permit for this project.
Address Assignments:
The City of Tigard is responsible for assigning addresses for arcels within the City of Tigard and within the Urban
Service Boundary (USB). An addressing Tee in the amount o $50.00 per address (lots and tracts) shall be assessed.
This fee shall be paid to the City prior to final plat approval.
Survey Requirements:
The applicant's final plat shall contain State Plane Coordinates AD 83 (91)] on two monuments with a tie to the
2~,s global positioning system (GPS) geodetic control network ((GC 22). These monuments shall be on the same line
hall 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.
In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall
provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants
and other water system features) In the development, and their respective X and Y State Plane Coordinates,
referenced to NAD 83 (91).
D. - IMPACT STUDY
Section 18.390.050 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 apppproyal requires the transfer to the public of an interest
in real property, the approval authority shall adopt findings which support the conclusion that the interest
in real property to be transferred is roughly proportional to the impact the proposed development will have
on the pubic.
The applicant has provided an impact study addressing the project's impacts on public systems which can be found
in the land-use file under the tab, "Impact Statement . Any required street improvements to certain collector or
higher volume streets and the Washington County Traffic Impact Fee (TIF) are mitigation measures that are
required at the time of development. Based on a transportation impact studyprepared by Mr. David Larson for the
A-Boy E) anion/Dolan II/Resolution 95-61, TIF s are expected to recapture 32 ppercent of the traffic impact of
new development on the Collector and Arterial Street system. Presently, the TIF for a detached, single-family
dwelling is $2,850.
NOTICE OF DECISION PAGE 23 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
The internal streets within the subdivision are needed to allow the subdivision to develop and the need for these
streets is created by the subdivision. Because the need for the internal streets is created by the development, the
impact of the development is directly proportional to the cost of dedication and construction of the internal streets.
Upon completion of this development, the future builders of the residences will be reqqu~~~~~~ired to pay TIF's totaling
approximately $37,050 ($2,850 x 13 dwelling units). Based on the estimate that total TTF fees cover 32 percent of
the impact on major street i%ovements citywide, a fee that would cover 100 percent of this projects traffic impact
is $115,781 ($37,050 divided by .32). The difference between the TTF paid and the full impact is considered as
unmitigated nm act. Since the TIF paid is $37,050, the unmiti ated impact has an estimated valued of $78,731. The
exactions are, therefore, not disproportionate according to the-Dolan test.
E. - WASHINGTON COUNTY SW BULL MOUNTAIN COMMUNITY PLAN
This area is within the City of Tigard's Urban Service Area. In 1997, the City of Tigard and Washington 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 adopted by the County as the sole local
regulatory standards, background, justification and guidance ap licable to applications for any and all land uses
requiring ministerial or quasi-judicial decision making with the afFected area. The agreement indicated that the qty
would continue to review projects is the "areas of special concern" as defined in the Bull Mountain Community
Plan (May 12, 1997 Urban Services Intergovernmental Agreement). This particular development protect 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, plan standards applicable to limited land use decisions into their land
use regulations. It indicated that it a qty or County 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. Washington County adapted the City of Tigard Development Code with
few exceptions. Only the standards of that development code are relevant to development review.
Summit and Slopes - Design Elements:
1. The residential character of this subarea is to be protected. Improvement of roadways should be
done in a manner which does not encourage excessive traffic. All roads planned for improvement
or connection to SW Bull Mountain Road within the Planning area should be constructed as minor
collectors or local streets following the topography generally and not directly aligned with other
major roadways.
The proposed development is a residential subdivision. Improvement of streets will be done to meet traffic safety
requirements and meet development code standards. No major roadways are proposed with this application. Tie
public streets serving the French Prairie Subdivision will be part of a future street circulation that will eventually re-
connect to SW 150'' Avenue.
2. Hillside building techniques and foundation designs such as stilts, stepped foundations, etc. shall be
used to minimize the alteration of existing slopes over 20 percent. Detailed site plans, elevations and
sections shall be required showing all structures, foundations, and techniques proposed for hillside
construction. These, as well as other site plan requirements for building on steep slopes, as defined in
the Community Development Code, are intended to ensure that development activities do not
increase the potential for earth movements such as landslides or land failures in the steeply sloped
subarea.
Detailed site plans will be generated at the building permit stage for home construction. According to topographical
maps, the subject property is not located in a steeply sloped area (25% or greater). Therefore, this standard has been
satisfied.
3. No gradin , filling, clearing or excavation of any kind shall be initiated on steep slopes until a grading
plan as det1ned in the Community Development Code, is approved. Borrowing to obtain fill material
shah be prohibited unless the material is obtained from a cut permitted under an approved grading
plan, or imported from outside the hillside area.
The applicant has submitted a grading plan showing all proposed grading. Grading is discussed in greater detail under
the Street and Utility Improvement Standards section of this decision.
NOTICE OF DECISION PAGE 24 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
4. Removal of natural vegetation shall be minimized; existing vegetation protected and destroyed
vegetation replaced. This is required in order to conserve important natural areas, decrease the
potential for erosion, decrease the amount of surface water runoff and help prevent earth movement in
hazardous areas. A slope stabilization and revegetation plan, which includes a schedule for
revegatation after areas have been cleared, shall be included with the required grading plan.
Revegetation shall be completed before October 15 of the year of construction, or a temporary
treatment shall be required sufficient to prevent erosion prior to the rainy season
The subject property consists of ppreviously developed residential properties containing a single family residence,
accessory structures, and landscapedyard areas, which were in existence at the time the Bull Mountain Community Plan
was adopted in 1983. Most of the vegetation of the existing yards on the subject site will be removed in order to create
new parcels with new landscaped yards. Based on the standard above, the applicant is required to provide a
revegetation and slope stabilization plan, which includes a schedule for revegetation alter the area has been cleared.
5. Because trees are such an important natural and scenic resource on SW Bull Mountain, development
in areas of standing trees shaIl be designed to minimize the number of trees to be cut. At the time of
development, no more than fifty percent of the mature standing trees (six inch diameter or greater)
shall be removed from any parcel. Development design and clearing for structures shall provide for
maximum retention of oldgrowth trees. Prior to development, the harvesting of forest tree species for
their commercial value shall be in accord with the Oregon Forest Practices Act. The slope
stabilization and revegetation plan shall indicate the mature tree planned for removal and describe the
replacement programs. Replacement trees must be of at least 1-inch diameter.
Information has been submitted by the applicant that shows the subject tax lot's development history. With reference
to the "year built" information from Washington County Assessor records, the properly had been developed for
residential use prior to the adoption of the Bull Mountain Community Plan, which occurred in 1983. The above
standard refers to properties in areas of "standing trees". The construction date (1981) of the existing home makes it
clear that at the time the Bull Mountain Community Plan was being considered, the subject property could not correctly
have been considered to be an "area of standing trees." Therefore, this standard does not apply.
The requirement to retain if. percent of the trees is not included in the development code. As indicated earlier
Washington County adopted the City's code. After September 1993 all Comprehensive Plan standards were required to
be in development codes to be enforced on limited land use decisions.
6. Streams, seasonal waterways and immediately adjacent riparian zones, as defined in the Community
Development Code, shall be preserved in their natural condition including topography and vegetation.
Where roads are required bndges shall be preferned means of crossing streams and waterways rather
than infill and piping or c~iannelization of water flow.
There are no streams or seasonal waterways within the subject property. A dramagewa flows south through a tract
adjacent to the eastern boundary of the subject property. Proposed Tract `C' provides for the required upland buffer
adjacent to the feature. No road crossing of the existing stream is proposed. This standard has been satisfied.
7. Use of power line easements for farm operations, open space, and wildlife habitat shall be encouraged
as appropriate in this subarea.
There are no power line easements within the subject proposal area. This element is not applicable.
8. This Design element refers to Area of Special Concern 1, which is not within the project area.
Therefore, this element does not apply.
9. This Design element refers to Area of Special Concern 2, which is not within the project area.
Therefore, this element does not apply.
10. This Design element refers to Area of Special Concern 3, which is not within the project area.
Therefore, this element does not apply.
NOTICE OF DECISION PAGE 25 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Police Department has reviewed the proposal and has no objections to it.
The City of Tigard Public Works Project Engineer has reviewed the proposal and has offered the following
comments:
There is are existing 8-inch public water line located in SW Pennie Lane and SW 148` Terrace that were
installed for phase 1 development. These water lines will be extended to serve this site, and some of the
utility appurtenances shown on the preliminary utility plan (sheet 8) may require relocation. One-inch
service connections shall be installed for connecting each lot to the public water line.
The City of Tigard Forester has reviewed the proposal and has offered the following comments:
1. LANDSCAPING AND SCREENING
18.745.030.0, Installation Requirements The installation of all landscaping shall be as follows:
1. All lana scapingshall be lmtalW aao Tto aagvd p4 zi pr awns.
The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow
those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards
set forth in the American Institute of Architects' Architectural Graphic Standards, 10' edition. In the Architectural
Graphic Standards there are guidelines for selecting and 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 the following guidelines shall be followed:
o No more than 30% of anyone f amily be planted onsite.
o No more than 20% of anyone genus be planted onsite.
o No more than 10% of anyone species be planted onsite.
2. The plant material shall be of high grade, and shall meet the size and grading standards of
the American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and any other future
revisions); and
3. Landscaping shall be installed in accordance with the provisions o this title.
D. Certificate of Occupancy. Certificates of occupancy shall not be issue unless the landscaping
requirements have been met or other arrangements have been made and approved by the City such as
the posting of a bond.
Pursuant to findings in 18.790.030.B below, tree mitigation will be required, and security in the form of a cash
assurance or other means acceptable in the amount of the required mitigation must be posted.
E. Protection of Existing Landscaping. Existing vegetation on a site shall be protected as much as possible:
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 individual trees).
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.
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.
NOTICE OF DECISION PAGE 26 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
18.745.040, Street Trees
B. Street tree planting list. Certain trees can severely damage utilities: streets and sidewalks or can cause
personal injury. Approval of any planting list shall be subject to review by the Director.
Street trees shall be chosen from the City of Tigard's Street Tree List unless otherwise approved by the City
Forester.
I suggest Planting native species of trees as street trees such as bi leaf maple, cascara or Oregon white oak.
Properly sized oaks can be found at River Oak Farm & Nursery. Call Diane at 503-357-2745.
2. TREE REMOVAL
18.790.030, Tree Plan Requirement
A. Tree plan required. A tree plan for the planting, removal and protection of trees pre r by a
certi zea ar oasts all be provided for any lot, parcel or combination of lots or parcels rr which a
development application for a subdivision, partition, site development review, planned
development or conditional use is filed. Protection is preferred over removal wherever possible.
As required for subdivisions, the applicant submitted a tree plan (dated December 16, 2005) conducted by Stephen
Goetz, a certified arborist. The report contains the four required components, but the applicant has not shown
exactly how the tree mitigation requirements will be met so the report is unacceptable.
B. Plan requirements. The tree plan shall include the following:
1. Identification of the location, size and species of all existing trees including trees designated as
significant by the city;
The Arboxist Report identified the location, size and species of all existing trees, consistent with this standard.
2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in
caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in
accordance with the following standards and shall be exclusive of trees required by other
development code provisions for landscaping, streets and parking lots:
a. Retention of less than 25% of existin trees over 12 inches in caliper requires a mitigation
~irogram in accordance with Section 8.790.060D of no net loss of trees;
b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-
thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D;
c. Retention of from SO% to 75% of existing trees over 12 inches in caliper requires that SD
percent of the trees to be removed be mitigated in accordance with Section 18.790.060D,
d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation.
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 four (4) trees on site 12 inches and greater which are subject to mitigation. Three (3) of the
trees are slated for removal. Therefore, according to the mitigation schedule above, 66% of the inches to be
removed shall be mitigated.
The sum total of diameter inches of the trees which will be removed is 47. The amount of tree mitigation inches
required for this project is 31 inches.
To satisfy this requirement, the applicant may plant trees onsite, offsite, or pay a fee-in-lieu at the rate of $125.00
per inch ($3,875). Any tree mitigation plan must be approved by the City Forester.
Only trees spaced 20 feet on center or greater will be counted towards mitigation unless otherwise approved by the
Worester. The trees must have enough soil volume and growing space to allow them to reach full maturity
t becoming a nuisance or a danger to surrounding structures, utilities, hardscape, etc.
NOTICE OF DECISION PAGE 27 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO. 2
The developer also must understand that the quality of trees being planted as mitigation onsite or offsite will be
scrutinized for overall quality including health, form, and a strong central leader and branching patterns. Trees from
a Christmas Tree Farm will most likely not pass muster due to their undesirable form and competing central leaders.
3. Identification of all trees which are proposed to be removed;
All of the trees proposed to be removed are identified in the applicant's survey.
4. A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
The guidelines for tree protection are outlined in the arborist report.
18.790.040 Incentives for Tree Retention
B. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section may
thereafter -be removed only or the reasons set out in a tree plan, in accordance with Section 18.790.030, or
as a condition of approval for a conditional use, and shall not be subject to removal under any other
section of this chapter. The property owner shall record a deed restriction as a condition of approval of any
development permit affected by this section to the effect that such tree may be removed only if the tree
dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be
considered invalid if a tree preserved in accordance with this section should either die or be removed as a
hazardous tree. The form. of this deed restriction shall be subject to approval by the Director.
A condition of approval will ensure that this standard is met.
CONDITIONS OF APPROVAL
Tree Mitigation
Prior to commenciri site work, the applicant shall submit a cash assurance or any other assurance approved by the
City for the equiv ent 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 approved assurance may be correspondingly reduced.
Any trees lamed on the site or off site in accordance with 18.790.060 (D) will be credited against the approved
assurance, or two years following final plat approval. After such time, the applicant shall pay the remainiiig value
of the approved assurance as a fee in lieu of planting.
Tree Protection
Prior to any site work the applicant shall install all proposed tree protection fencing. The fencing shall be inspected
and approved by the City Forester prior to commencing any site work The tree protection fencing shall remain in
place through the duration of all of the building construction phases, until the Certificate of Occupancy has been
approved.
If the Builder is different from the Developer or initial applicant:
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 during site development, location of tree protection fencing, and a sinature of
approval from the project arborist regarding the placement and construction techniques to be employed in- building
the structures. All proposed protection fencing shall be installed and inspected prior to commencing construction.
The fencing shall remain in place through the duration of all of the building construction phases, until the
Certificate of Occupancy has been approved. After approval from the City Forester, the tree protection measures
maybe removed.
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 (TPZ) fencing
installation, through the building construction.phases, as he monitors the construction activities and progress. 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. These reports must be
provided to the City 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.
NOTICE OF DECISION PAGE 28 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO.2
If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall
certify that the construction activities to the trees did not adversely impact the overall, long-term health and stability
of the tree(s).
If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the
TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub-contractor, the City can stop
work on the project until an inspection can be done by the Qty Forester and the Project Arborist. Prior to issuance
of any Certificates of Occupancy, the Project Arborist will submit a final certification indicating the elements of the
Tree I.'rotection Plan were followed and that all remaining trees on the site are healthy, stable and viable in their
modified growing environment.
Deed Restriction
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 maybe removed only if the tree dies or is hazardous according to a
certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved In
accordance with this decision should either die or be removed as a hazardous tree.
SECTION VIII. AGENCY COMMENTS
The Washington County Department of Land Use and Transportation has reviewed the proposal and has no
objections to it.
SECTION IX. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON MAY 1, 2006 AND
EFFECTIVE ON MAY 16, 2006 UNLESS AN APPEAL IS FILED.
Appeal:
The Director's Decision is final on the date that it is mailed. Any party with standing as provided in Section
18.390.040.G.1. may apppeal this decision in accordance with Section 183.390.040.G.2. of the Tiggard Community
Development Code which provides that a written appeal to ether with the required fee shall be filed with the
Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and
forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon
97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the
specific issues identified in the written comments submitted by the parties during the comment period. Additional
evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party dunngthe appeal
hearing, subject to any additional es of procedure that may be adopted from time to time by the appellate body,
NOTICE OF DECISION PAGE 29 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO. 2
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 15, 2006.
estions:
If 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: K. J. Won, Consultant
May, 2006
APPROVED BY. Ric and Bewersdogf-A DATE
Planning Manage
NOTICE OF DECISION PAGE 30 OF 30
SUB2005-00024 - FRENCH PRAIRIE VINEYARDS NO. 2
t
? n e,
2 ~ ~Y
A rig
V
4
s
$ -i-
0
11u~
' 9VN 140TH TEAHACE
O
59.19' c y 39.19
n
nnu'
u
C
T N
i $W L(~~x 61.27 37.12'
-T -
NtT P
to
n.
Y s ~ ,96'CSN .00'L9 ~ ~ ~ a W g
"o m
a
W 8 cN w S6
i <>k N i
r' a
D W y~ V
N an ~I H F
g v_.....ll... $~...r T1 8g r oa'a
oo
V ■ n 3&67 Do-so a oa 5. qri a 1~°' ooi a
rrn ~ sa'av'~ .6s ~ oD .ar 31.ae' ~
U
9Y s,
W
g~ N
$0 9) Gy
5694
-qq TRACT "C"
46 4409 &F.
60.00' 37.97' 1ZL tazo3'
.rte .
„ ....:iii".
N N 9~ga43 _ E=LA ~i FRENCH PRAIRIE VINEYARDS II 110 WESTLAKE
Y CONMTAM
rev i~ i T I GARD, OREGON jxwrxzum9 • soma ° mnwa
v, d N0. oAIE MCWnM PREL I M I NARY PLAT PLAN
cre,a~ar o
~•I - e'
(y) GEOGRAPHIC INFORMATION SYSTEM
VICINITY MAP
J
a
z UB2005-00024
CIO sw BULL MouN ra►N FRENCH PRAIRIE
VINEYARDS NO.2
q~ D SUBDIVISION
GO o°
z
_ Z
S'W. < SW CRECTTRI GE
D
w <
M
~ 1 "sue
C) P Tom-
G PY ~ pJ
1..,® a0
Tigard Area Map
G
BER 4 VE N
Cn
= 0 100 200 300 400 Feet
D
A i"= 329 feet
~j
L
F
SC 1A LN
m
City of Tigard'
Information on this map Is for general location only and
should be verified with the Development Services Division.
13125 SW Hall Blvd
Tigard, OR 97223
(503) 639.4171
http://www.clAigard.or.us
Community Development Plot date: Mar 2, 2006; C:\magic\MAGIC03.APR