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VAR2005-00034 0 ~ EXHIBIT.L NOTICE OF TYPE II DECISION GABRIEL WOODS SUBDIVISION ADJUSTMENTS ADJUSTMENT (VAR) 2005-00034 CITY OF TIOARD Commuttity Devefopment ADJUSTMENT (VAR) 2005-00048 Sfwpingfl BetterCommunity 120 DAYS = 9/14/2005 SECTION I. APPLICATION SUMMARY FILE NAME: GABRIEL WOODS SUBDIVISION ADJUSTMENTS CASE NOS: Street Improvement Adjustment (VAR) VAR2005-00034 Street Improvement Adjustment (VAR) VAR2005-00048 PROPOSAL: The proposed cul-de-sac of the Gabriel Woods Subdivision is approximately 300 feet in length and provides access to 25 units. The Tigard Development Code dictates that a cul-de-sac cannot be greater than 200 feet in length or provide access to more than 20 units. Therefore, the applicant is requesting approval for adjustments to the maximum cul-de-sac length and number of units allowed to take access from a cul-de-sac. The requested Adjustments are allowed under Section 18.370.020.C.11. APPLICANT: Barry Sandhorst Windfall Design and Construction, Inc. 23281 SW Bosky Dell Lane West Linn, OR 97068 APPLICANT'S REP: Westlake Consultants, Inc. Attn: Lee Leighton, AICP 15115 SW Sequoia Parkway, Suite 150 Tigard, OR 97224 LOCATION: 13900 SW Barrows Road; WCTM 1 S133CA, Tax Lot 2100. ZONE: R-25; The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters, 18.370, 18.390, 18.510, 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section V of this decision. VAR2005-00034 AND VAR2005-00048-GABRIEL WOODS SUBDIVISION ADJUSTMENT PAGE 1 OF 5 • • SECTION III. BACKGROUND INFORMATION Site Histo : e app icant has received approval for a 25-lot single-family attached home subdivision on approximately 1.92 acres (SUB2004-00012). Adjustments to reduce the street spacing along a collector from 200 to 50 feet and to reduce the minimum density from 31 units to 25 units due to the irregular lot size, surrounding development, and existing trees has also been approved. Site Information and Pro osal Descri tion: e propose cu - e-sac o t e a rie oods Subdivision is approximately 300 feet in length and provides access to 25 units. Therefore, the applicant is requesting approval for adjustments to the maximum cul-de-sac length and number of units allowed to take access from a cul-de-sac. The applicant was required to apply for the adjustment because it was not addressed in the applicant's narrative. The requested adjustments are allowed under Section 18.370.020.C.'('( of the Tigard Development Code. Vicinit Information: e propose evelopment is on the east side of SW Barrows Road, south of SW Scholls Ferry Road and north of SW Springbrook Lane. The abutting parcels are zoned R-25 and developed with multi-family units to the east, single-family homes to the south and a Verizon facility to the west. SECTION IV. PUBLIC COMMENTS No public comments were received. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS VARIANCES AND ADJUSTMENTS: jus men or s ree improvement requirements (Chapter 18.810). By means of a Type II procedure, as governed by Section 18.390.040, the Director shall approve, approve with conditions, or deny a request for an adJ'ustment to the street improvement requirements, based on findings that the following criterion is satisfied: Strict application of the standards will result in an unacceptably adverse impact on existing development, on the proposed development, or on natural features such as wetlands, steep slopes or existing mature trees. In approving an adjustment to the standards, the Director shalf determine that the potential adverse impacts exceed the public benefits of strict application of the standards. According to 18.810.0301, "A cul-de-sac shall be no more than 200 feet long shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation." The applicant has requested an adjustment to increase the allowed 20 units taking access from a cul-de-sac to 25 units. The applicant has also requested to increase the maximum length of the cul-de-sac from 200 to 300 feet. VAR2005-00034 AND VAR2005-00048-GABRIEL WOODS SUBDIVISION ADJUSTMENT PAGE 2 OF 5 . • 0 The public street, SW Anna Lane, will enter the site easterly from SW Barrows Road and terminate in a cul-de-sac. The proposal includes plans for finro proposed north-south private streets. Strict application of the standard to limit the cul-de-sac to 200 feet and limit the number of units to be served by SW Anna Lane to 20 units would preclude access to the eastern and southern portions of the site, and would result in a development substantially below density requirements. As is, the Gabriel Woods Subdivision is approved at six units less than the required density (25 units instead of 31) due to an irregular lot size. Southwest Anna Lane could have been stubbed to the east property line; however, redevelopment of the adjacent property is unlikely as it is currently at or near maximum density. These factors are special circumstances or conditions under which the strict application of the standard would result in an adverse impact that exceeds the public benefits of the proposed design. The request to adjust the subject standards is consistent with and essential for implementation of the approved Gabriel Woods Subdivision. Therefore, the criteria of the Street Improvement Adjustment have been satisfied. SECTION VI. OTHER STAFF COMMENTS No objections were received. SECTION VII. AGENCY COMMENTS No objections were received. SECTION VII1. PROCEDURE AND APPEAL INFORMATION Notice: l~fo ice 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 JUNE 8, 2005 AND BECOMES EFFECTIVE ON JUNE 23, 2005 UNLESS AN APPEAL IS FILED. Ap eal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the =of d fee shall be filed with the Director within ten (10) business days of the date the Decision was mailed. The appeal fee schedufe and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, sub1 ect ny additional rules of procedure that may be adopted from time to time by the appellate bodY VAR2005-00034 AND VAR2005-00048-GABRIEL WOODS SUBDIVISION ADJUSTMENT PAGE 3 OF 4 • V . • THE DEADLINE FOR FILING OF AN APPEAL IS 5:00 P.M. ON JUNE 22, 2005. Questions: oTf uy~e any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hafl Boulevard, Tigard, Oregon at (503) 639-4171. ~ June 8 2005 PREPARr . Wthew i egger Associate Planner June 8 2005 APPROVEU . ic ar ewers DATE Planning Man r i:\cu rpl nUnathew\VAR\va r2005-00034\va r2005-00034decision. doc VAR2005-00034 AND VAR2005-00048-GABRIEL WOODS SUBDIVISION ADJUSTMENT PAGE 4 OF 4 SW CITY • • - . ~ GEOGpAPHIC INFORM" SYSTEY YICINI" MN~ FE~ mm VAR2005-00034 o~vs allD ~ VAR2005-00048 SGN ~ - - - - - am GABRIEL WOODS CM SUBDIVISION 0o ADJUSTMENTS O~~ ! AY R$FER ~v ,.f. F4, ~ svu'[tt eT d rtn .o LL '--------~8~ " . ~ = ao o cn = 3 ~ BRITTANY TigartlAreaMap ~ 0 0 0 0 0000 0 ~ N 2 t•IGBR OK LN BURY LN ~ m 0 100 200 300 400 Feet ~ w a- a Q ~ 1'= 311 teet I Q J 0 0 0 0 0 AR~NGBROOK LN Z O 0 0 0 ~ Z FEIRING w LN 0 o O QD o o Z 0 ~ City of Tigard o LLl ~ Q Q o p ~ J ~ ~AURM Infortnation on lhis map is for general location onty and OO 1=1 o SW CRANE CT OIV ~ = T CT shouW be verifed wiN the Development Services Division. ~ ~ 13125 SW Hall Blvd OQ OQ ~ TigarE, OR 97213 M (503) 639-4171 _ ~ ~ OpQO~ 00000 nttajAvvAv.u.ugard.or.u5 O O Plot date: May 17, 2005; C:UnagicUAAGIC03.APR Communiry Development _ • • EXHIBIT L Windfall Design and Construction, Inc. VAR2005-00034NAR2005-00048 Attn: Barry Sandhorst 23281 SW Bosky Dell Lane GABRIEL WOODS SUBDIVISION West Linn, OR 97068 ADJUSTMENTS Westlake Consultants, Inc. Attn: Lee Leighton 15115 SW Sequoia Pkwy., Suite 150 Tigard, OR 97224 , ~ • ~ AFFIDAVIT OF MAILING CITYOFTIOARD Community tDevelopment S(urpingA BetterCommunity I, ~Patricia L. Gunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpecraCut for the C'ity of 7"igard, Was(tington County, Oregon and that I served the following: {Check Appropriate Box(s) Below} ❑x NOflCE OF DECISION FOR: VAR2005-00034/VAR2005-00048 - GABRIEL WOODS SUBDIVISION ADJUSTMENTS ❑ AMENDED NOTICE (File No./Name Reference) Z City of Tigard Planning Director A copy of the said notice being hereto attached, marked EXhlbit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked EXhibit'B", and by reference made a part hereof, on 111118 B. 2005, and deposited in the United States Mail on 111118 8, 2005, postage prepaid. (Person t at repared No ic e) ) ,S7,A2rE O'F GON ) County of ~Was tngton ) ss. City of ?'sgard ) Subscribed and sworn/affirmed before me on the ~ day of , 2005. ~ OFrI(:IAL SEAL ~ W. ~ F ~GS3 J + NLT/., t pl!BLIC-OREGON N COMMIS~ION IvO. 375152 360 ~ y MY COMMI;:310N IXPIRES [1EC.1, 2C.. i, Nly com on ewires: ~°1 Jl ~0 7 • • EXHIBIT.L NOTICE OF TYPE II DECISION GABRIEL WOODS SUBDIVISION ADJUSTMENTS ADJUSTMENT (VAR) 2005•00034 CITYOFTIOARD ADJUSTMENT (VAR) 2005-00048 Community(Developmest SFiapingA &tter Community 120 DAYS = 9/14/2005 SECTION I. APPLICATION SUMMARY FILE NAME: GABRIEL WOODS SUBDIVISION ADJUSTMENTS CASE NOS: Street Improvement Adjustment (VAR) VAR2005-00034 Street Improvement Adjustment (VAR) VAR2005-00048 PROPOSAL: The proposed cul-de-sac of the Gabriel Woods Subdivision is approximately 300 feet in length and provides access to 25 units. The Tigard Development Code dictates that a cul-de-sac cannot be greater than 200 feet in length or provide access to more than 20 units. Therefore, the applicant is requesting approval for adjustments to the maximum cul-de-sac length and number of units allowed to take access from a cul-de-sac. The requested Adjustments are allowed under Section 18.370.020.C.11. APPLICANT: Barry Sandhorst Windfall Design and Construction, Inc. 23281 SW Bosky Dell Lane West Linn, OR 97068 APPLICANT'S REP: Westlake Consultants, Inc. Attn: Lee Leighton, AICP 15115 SW Sequoia Parkway, Suite 150 Tigard, OR 97224 LOCATION: 13900 SW Barrows Road; WCTM 1 S133CA, Tax Lot 2100. ZONE: R-25; The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feef. A limifed amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters, 18.370, 18.390, 18.510, 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25~) per page, or the current rate charged for copies at the time of the request. • • SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: T~ofice mailed to: X The applicant and owners --X- Owner of record within the required distance 3C- Affected government agencies Final Decision: E THIS DECISION IS FINAL ON JUNE 8, 2005 AND BECOMES EFFECTIVE ON JUNE 23, 2005 UNLESS AN APPEAL IS FILED. Ap eal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Fiall 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 specificissues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JUNE 22, 2005. Questions: or urter information please contact the Planning Division Staff Planner, Mathew Scheide er at 03) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 91223 or y emai to ~atts@ci.tigard.onus. 5 q d hQWVY MAP 8 aaa ~~~D~~ VAR2005-00034 cm ~ VAR2005-00048 _ ~ oQro GABRIEL WOODS aro SUBDIVISION ADJUSTMENTS 6y i , o-+.... • N 3 g ` ~ z g [TiaiNG u~ 6ClcyofTipN ~ ~ LAURMOIy EXHIBIT 1 S133CA-01200 1 S133CD-03200 1440 ALTA VISTA INC CAMPOS FIDENCIO 2555 HUNTINGTON DR #A 13621 SW ASHBURY LN SAN MARINO, CA 91108 TIGARD, OR 97223 133CD-001 1 S133CD-15100 14 AL VISTA INC CARPENTER PEGGY A& HAROLD P 255 TINGTON DR #A 11577 SW TALLWOOD DR MARI , CA 91108 TIGARD, OR 97223 1S133CA-92142 1S133C0.16000 AILLON SHARMAN B CHAMBERS V JANE REV LIV TRUST 13895 SW BARROWS RD #104 BY V JANE CHAMBERS TR BEAVERTON, OR 97007 11631 SW WOOD DUCK PL TIGARD, OR 97223 1 S133CA-92012 1 S133CD-a 1000 ALIKHANI FLORA AMIR CLEARY TIFFANY L 20 AQUINAS ST 13789 SW ASHBURY LN LAKE OSWEGO, OR 97035 TIGARD, OR 97223 1S133CD-16200 1S133CD-16600 ANDREW SHARLENE COMPTON ANDREA 8 11550 SW TALLWOOD DR SANCHEZ DEAN TIGARD, OR 97223 13857 SW ASHBURY LN TIGARD, OR 97223 1 S133CD-15500 1 S133CD-15800 BASCONCILLO ROD ALAN & DELL GLEN D& JANET L JENNIFER ANNE 11580 SW WOOD DUCK PL 11527 SW TALLWOOD DR TIGARD, OR 97223 TIGARD, OR 97223 1S133CD-16800 1S133C0.02700 BEWERSDORFF RICHARD H 8 DODSON JENNIFER . BARON SANDRA A 13725 SW ASHBURY LN 13832 SW ASHBURY LN TIGARD, OR 97223 • PORTLAND, OR 97223 1S133CA-92052 1S133CA-92022 BROOKS MARCEL L & COURTNEY B EILITZ MARK A& 13885 SW BARROWS RD #105 CARY CHRISTINE N BEAVERTON, OR 97007 13885 SW BARROWS RD #102 BEAVERTON, OR 97007 1S133CD-02900 1S133CC-00101 BROWN LONNIE C & JUNKO I F&F/WC REFLECTIONS ASSOC LLC 13681 SW ASHBURY LN BY FOWLERFLANAGAN PTNRS LLC TIGARD, OR 97223 80 E SIR FRANCES DRAKE #36 LARKSPUR, CA 94939 1S133CC-02000 133CB-00500 BUI KY KHAC AND F& C REF TIONS ASSOC LLC NGUYEN MAI TUONG BY F FLANAGAN PTNRS LLC 11629 SW TALLWOOD DR 80 NCES DRAKE #36 TIGARD, OR 97223 RKSPUR, 94939 V • ~ 1 133CB-00700 1 S133CD-03000 F8~ C R LECTIONS ASSOC LLC HAMILTON JOHN B& NANCY L BY FO ERFLANAGAN PTNRS LLC 13655 SW ASHBURY LN 80 IR NCES DRAKE #3B TIGARD, OR 97223 RKSPUR, A 94939 133CB-0060 1 S133CA-92032 F8 C FLECTIONS ASSOC LLC FiANEY DEWEY BY FO LERFLANAGAN PTNRS LLC 13885 SW BARROWS RD #103 80 SIR NCES DRAKE #3B BEAVERTON, OR 97007 RKSPUR, A 94939 1 S133CD-16300 1 S133C0.12300 GALLOWAY MICHAEL C& CAROL A HEIMANN SUE J 11574 SW TALLWOOD DR 9166 SW 149TH AVE TIGARD, OR 97223 BEAVERTON, OR 97007 1S133CA-01100 1S133CD-11100 GARRISON DAVID A& AMY E HEINTZ ROBERT J& CAROL A 13818 SW BARROWS RD 13821 SW ASHBURY LN TIGARD, OR 97223 TIGAF2D, OR 97223 1 S133CD-10800 1 S133C0.16700 GERDES DON WENDEL HUDSON MARTIN L& H SUE 11674 SW WILTON AVE 13845 SW ASHBURY LN PORTLAND, OR 97223 TIGARD, OR 97223 1S133CD-16500 1S133CA-92122 GERWIG MARY C JACQUEMIN THOMAS F 13873 SW ASHBURY LN 13895 SW BARROWS RD #102 TIGARD, OR 97223 BEAVERTON, OR 97007 1S133CD-15400 1S133CC-02100 GOODRICH DAN L KANAHELE KRISTEN L TRUST 11539 SW TALLWOOD DR BY KANAHELE KRISTEN L TR TIGARD, OR 97223 11611 SW TALLWOOD DR TIGARD, OR 972Z3 1S133CA-92042 1S133C0.16400 GRADEN DEKKER R LEAPTROTT JEFFREY RYAN 13885 SW BARROWS RD #104 11582 SW TALLWOOD DR BEAVERTON, OR 97007 TIGARD, OR 97223 1S133CD-14900 1S133CD-10900 GREENBERG SONDRA J LEMENI RODNEY A& SANDRA L 11597 SW TALLWOOD DR . 13767 SW ASHBURY LN PORTLAND, OR 97223 TIGARD, OR 97223 1S133CA-01000 1S133CD-02800 GROSS FAMILY TRUST LESSNER CRISTINA ATENCIO BY GREGORY S NUNN TR 13705 SW ASHBURY LN PO BOX 110 PORTLAND, OR 97223 REDMOND, WA 98073 1S133CD-15200 1 33C D-1730 MACDONALD FAMILY LIVING TRUST PEB EC EK HOMEOWNERS ASSOC 11563 SW TALLWOOD DR BY EVELOPMENT CO TIGARD, OR 97223 86 SW C ADE AVE STE 606 AVERTON, 97008 1S133CD-16100 133CD-172 MADDEN SALLY J TRUSTEE & RA E LOPMENT COMPANY MADDEN SALLY J TRUSTEE 11593 SW WOOD DUCK PL TIGARD, OR 97223 1 S133CD-02500 133CD-174 MANNING JOHN P AND MARY C RA EV OPMENT COMPANY 11798 SW SWENDEN LOOP TIGARD, OR 97223 1S133CD-15900 1S133CD-15600 MCALLISTER PATRICK J& AURORA RIGONI ARNIE A 11622 SW WOOD DUCK PL 9910 SW 141 ST AVE TIGARD, OR 97223 BEAVERTON, OR 97008 ' 1 S133CA-92132 1 S133CD-02600 MCFARLAND BRADLEY RUTLEDGE THOMAS DAVID II & DAWN 13895 SW BARROWS RD #103 13745 SW ASHBURY LN BEAVERTON, OR 97007 TIGARD, OR 97223 1S133CA-00700 1 33CA-90001 NELSON FAMILY LIMITED PARTNERSHI SC LLS INTE CONDOS BY.GARY R/ PATSY A NELSON TRS OWN F ALL UNITS 11295 SW 135TH AVE TIGARD, OR 97223 • 1 S133CA-01001 133CA-9000 NELSON GARY ROBERT & PATSY ARLE SC LS OINTE CONDOS 11295 SW 135TH AVE OW F ALL UNITS TIGARD, OR 97223 1S133CD-15000 1S133CA-01404 NGUYEN HANH/THUY LINH SCHOLLS POINTE LLC 11585 SW TALLWOOD DR 2700 NE ANDRESEN STE D22 TIGARD, OR 97223 VANCOUVER, WA 98661 1 S133CD-15700 1 S133CA-01501 NUNEZ CARLOS SCHOLLS POINTE LLC 14706 SW SCHOLLS FY RD #217 BY POLYGON NORTHWEST COMPANY BEAVERTON, OR 97007 2700 NE ANDRESEN STE #D-22 VANCOUVER, WA 98661 1S133CD-13000 133CA-01800 PEBBLECREEK HOMEOWNERS ASSOC SC L INTE LLC BY RAK DEVELOPMENT CO 2700 DRESEN STE D22 8625 SW CASCADE AVE STE 606 V COUVER, A 98661 BEAVERTON, OR 97008 I . • • 1 133CA-01600 1S133C D-11200 SC LLS P INTE LLC WITTMANN JULIE J BY PO ON NORTHWEST COMPANY 11689 SW WILTON AVE 270 E DRESEN STE #D-22 TIGARD, OR 97223 NCOUVE WA 98661 1 133CA-4 1S133CD-15300 SC L101 POINTE LLC ZENNER LANCE R 270 NDRESEN STE D22 11541 SW TALLWOOD DR . NCOUV , WA 98661 TIGARD, OR 97223 1 33CA-0140 SC LL OINTE LLC 2700 NDRESEN STE D22 V COUVE WA 98661 1S133CD-03100 STIMEK SUSAN M 13643 SW ASHBURY LN TIGARD, OR 97223 1S133CA-01700 STOVER CHESTER A 8 GALE C 13905 SW BARROWS RD BEAVERTON, OR 97007 1S133CD-03300 VANBAEST JENE & MICHAEL J 13593 SW ASHBURY LN TIGARD, OR 97223 1S133CA-92112 VERDADERO DAVID & PAMELA 13895 SW BARROWS RD #101 ' BEAVERTON, OR 97007 1S133CA-02000 VERIZON NORTHWEST INC PO BOX 152206 IRVING, TX 75015 1 S133CD-00200 WASHINGTON COUNTY FACILITIES MGMT 111 SE WASHINGTON ST HILLSBORO, OR 97123 1S133CA-02100 WINDFALL CONSTRUCTION AND DESIGN 23281 BOSKY DELL LN WEST LINN, OR 97068 ,1 : . • • Charlie and Larie Stalzer 14781 SW Juliet Terrace Tigard, OR 97224 Craig Smelter PO Box 1467 Tualatin, OR 97062 Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan . 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 CPO 46 Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESTED PARTIES (pg. I of I) (i:\curpln\setup\labels\CIT West.doc) UPDATED: 21-Sep-04 • ~ • • AFFIDAVIT OF MAILING CITYOFTIOARD Community Oevelopment Sfwpingfl BetterCommunity I, Patlicr'a L. Luord, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdminfstrative SpeciaCut for the City of7'~gar ,Washtngton County, Oregon and that I served the following: {Check Appropriate Box(s) Below} ❑x NOflCE OF DECISION FOR: VAR2005-00034/VAR2005-00048 - GABRIEL WOODS SUBDIVISION ADJUSTMENTS O AMENDED NOTICE (File No./Name Reference) Z City of Tigard Planning Director A copy of the said notice being hereto attached, marked ENhlblt"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit'B", and by reference made a part hereof, on l11118 8, 2005, and deposited in the United States Mail on 10118 8, 2005, postage prepaid. UA~A6~)l All, (Person thafPreparqd No ' e) ,57,A2E O~F OG09V' ~ County of `Was tngton ) ss. ~'ity of 2igatd ) Subscribed and sworn/affirmed before me on the ~ day of OlcL , 2005. OFMCIAL SEAL 1 Sl,'E 3 G.r,3 I Nc.?l,..` Pl1Bl.IC-OHEGON y. . COMM!SFION fu0. 375152 ~ i ~ MYCOMh";~^310N EXPIRES nEC.1, 2C7' , Nhl Co lon Eaires• 7 NOTICE TO MORTGAGEE, LIENH• E VENDOR OR SELLER: • EXH I S 1T.,8..,. THE TIGARD DEVEIOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER, NOTICE OF PENDING LAND USEAPPLICATION CITY OF TIOARD L ACCESS SPACING ADlUSTMENT Community(DeveCopment ShapingA Better Community DATE OF NOTICE: May 17, 2005 FILE NUMBERS: ADJUSTMENT (VAR) 2005-00034 ADJUSTMENT (VAR) 2005-00048 FILE NAME: GABRIEL WOODS SUBDIVISION ADJUSTMENTS PROPOSAL: The Tigard Development Code dictates that a cul-de-sac cannot be greater than 200 feet in length or provide access to more than 20 units. The proposed cul-de-sac of the Gabriel Woods Subdivision is approximately 300 feet in length and provides access to 25 units. Therefore, the applicant is requesting approval for adjustments to the maximum cul-de-sac length and number of units allowed to take access from a cul-de- sac. The requested Adjustments are allowed under Section 18.370.020.C.11. ZONE: R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses are permitted outright and a wide range of . civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.510 and 18.810. LOCATION: 13900 SW Barrows Road; WCTM 1S133CA, Tax Lot 2100. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided_a fourteen (14) day period to submit written comments on the application to the City. ,THE FOURTEEN (14) DAY PERIOD ENDS ATj 5:00 PM ON MAY 31. 2005.1 All comments should be directed to Mathew ScheideQqer, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171, or by email to MattsCa)-ci.tiqard.or.us. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER fOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR JUNE 14. 2005. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: . . • • . Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; . Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; . Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. . AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITfEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: . The application is accepted by the City . Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. . The application is reviewed by City Staff and affected agencies. . City Staff issues a written decision. . Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is othenivise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." S ma i Er mw OMOD VAR2005-00034 VAR2005-00048 _ am GABRIEL WOODS arn SUBDIVISION ADJUSTMENTS LL ~ BRI • N Y Q ~ ~ w Z ING ~ N ~ C.yoffigd ~ u mm URMpNTCT mo:4 .r~ . . • • 1S133CA-01200 1S133CD-03200 EXH I B IT2,, 1440 ALTA VISTA INC CAMPOS FIDENCtO 2555 HUNTINGTON DR #A 13621 SW ASHBURY LN SAN MARINO, CA 91108 TIGARD, OR 97223 133CD-001 1 S133CD-15100 14 AL VISTA INC CARPENTER PEGGY A& HAROLD P 2555 TINGTON DR #A 11577 SW TALLWOOD DR MARI , CA 91108 TIGARD, OR 97223 1S133CA-92142 1S133CD-16000 AILLON SHARMAN B CHAMBERS V JANE REV LIV TRUST 13895 SW BARROWS RD #104 BY V JANE CHAMBERS TR BEAVERTON, OR 97007 11631 SW WOOD DUCK PL TIGARD, OR 97223 1S133CA-92012 1S133C0.11000 ALIKHANI FLORA AMIR CLEARY TIFFANY L 20 AQUINAS ST 13789 SW ASHBURY LN LAKE OSWEGO, OR 97035 TIGARD, OR 97223 1S133C0.16200 1S133CD-16600 ANDREW SHARLENE COMPTON ANDREA & 11550 SW TALLWOOD DR SANCHEZ DEAN TIGARD, OR 97223 13857 SW ASHBURY LN TIGARD, OR 97223 1 S133CD-15500 1 S7 33CD-15800 BASCONCILLO ROD ALAN & DELL GLEN D& JANET L JENNIFER ANNE 11580 SW WOOD DUCK PL 11527 SW TALLWOOD DR TIGARD, OR 97223 TIGARD, OR 97223 1S133CD-16800 1S133CD-02700 BEWERSDORFF RICHARD H 8 DODSON JENNIFER BARON SANDRA A 13725 SW ASHBURY LN 13832 SW ASHBURY LN TIGARD, OR 97223 • PORTLAND, OR 97223 1S133CA-92052 1S133CA-92022 BROOKS MARCEL L& COURTNEY B EILITZ MARK A& 13885 SW BARROWS RD #105 CARY CHRISTINE N BEAVERTON, OR 97007 13885 SW BARROWS RD #102 BEAVERTON, OR 97007 1S133CD-02900 1S133CC-00101 BROWN LONNIE C& JUNKO I F&FNVC REFLECTIONS ASSOC LLC 13681 SW ASHBURY LN BY FOWLERFLANAGAN PTNRS LLC TIGARD, OR 97223 80 E SIR FRANCES DRAKE #36 LARKSPUR, CA 94939 1S133CC-02000 133CB-00500 BUI KY KHAC AND F& C REF TIONS ASSOC LLC NGUYEN MAI TUONG BY F FLANAGAN PTNRS LLC 11629 SW TALLWOOD DR 80 NCES DRAKE #313 TIGARD, OR 97223 RKSPUR, 94939 . . • • 1 133CB-00700 1S133CD-03000 F& C R LECTIONS ASSOC LLC HAMILTON JOHN B& NANCY L BY FO ERFLANAGAN PTNRS LLC 13655 SW ASHBURY LN 80 IR NCES DRAKE #3B TIGARD, OR 97223 RKSPUR, A 94939 1.5 133C8-0060 1S133CA-92032 F& C FLECTIONS ASSOC LLC FiANEY DEWEY BY FO LERFLANAGAN PTNRS LLC 13885 SW BARROWS RD #103 80 SIR NCES DRAKE #36 BEAVERTON, OR 97007 RKSPUR, A 94939 1 S133CD-16300 1 S133CD-12300 GALLOWAY MICHAEL C& CAROL A HEIMANN SUE J 11574 SW TALLWOOD DR 9166 SW 149TH AVE TIGARD, OR 97223 BEAVERTON, OR 97007 1S133CA-01100 1S133CD-11100 GARRISON DAVID A& AMY E HEINTZ ROBERT J 8 CAROL A 13818 SW BARROWS RD 13821 SW ASHBURY LN TIGARD, OR 97223 TIGARD, OR 97223 1S133CD-10800 1S133CD-16700 GERDES DON WENDEL HUDSON MARTIN L 8 H SUE 11674 SW WILTON AVE 13845 SW ASHBURY LN • PORTLAND, OR 97223 TIGARD, OR 97223 1S133CD-16500 1S133CA-92122 GERWIG MARY C JACQUEMIN THOMAS F • 13873 SW ASHBURY LN 13895 SW BARROWS RD #102 TIGARD, OR 97223 BEAVERTON, OR 97007 1S133CD-15400 1S133CC-02100 GOODRICH DAN L KANAHELE KRISTEN L TRUST 11539 SW TALLWOOD DR BY KANAHELE KRISTEN L TR TIGARD, OR 97223 11611 SW TALLWOOD DR TIGARD, OR 97223 1S133CA-92042 1S133CD-16400 GRADEN DEKKER R LEAPTROTi' JEFFREY RYAN 13885 SW BARROWS RD #104 11582 SW TALLWOOD DR BEAVERTON, OR 97007 TIGARD, OR 97223 1S133CD-14900 1S133C0.10900 GREENBERG SONDRA J LEMENI RODNEY A 8 SANDRA L 11597 SW TALLWOOD DR . 13767 SW ASHBURY LN PORTLAND, OR 97223 TIGARD, OR 97223 1S133CA-01000 1S133CD-02800 GROSS FAMILY TRUST LESSNER CRISTINA ATENCIO BY GREGORY S NUNN TR 13705 SW ASHBURY LN PO BOX 110 PORTLAND, OR 97223 REDMOND, WA 98073 ` ' • • 1S133CD-15200 1 33CD-1730 ' MACDONALD FAMILY LIVING TRUST PEB EC EK HOMEOWNERS ASSOC 11563 SW TALLWOOD DR BY EVELOPMENT CO TIGARD, OR 97223 86 SW C ADE AVE STE 606 AVERTON, 97008 1S133CD-16100 . 133CD-172 MADDEN SALLY J TRUSTEE 8~ RA E LOPMENT COMPANY MADDEN SALLY J TRUSTEE 11593 SW WOOD DUCK PL TIGARD, OR 97223 1 S133CD-02500 133C0.174 MANNING JOHN P AND MARY C RA EV OPMENT COMPANY 11798 SW SWENDEN LOOP TIGARD, OR 97223 1S133CD-15900 1S133CD-15600 MCALLISTER PATRICK J & AURORA RIGONI ARNIE A 11622 SW WOOD DUCK PL 9910 SW 141ST AVE TIGARD, OR 97223 BEAVERTON, OR 97008 '7S133CA-92132 1S133CD-02600 MCFARLAND BRADLEY RUTLEDGE THOMAS DAVID II 8 DAWN 13895 SW BARROWS RD #103 13745 SW ASHBURY LN BEAVERTON, OR 97007 TIGARD, OR 97223 1S133CA-00700 1 133CA-90001 NELSON FAMILY LIMITED PARTNERSHI SC LLS INTE CONDOS BY.GARY R/ PATSY A NELSON TRS OWN F ALL UNITS • 11295 SW 135TH AVE TIGARD, OR 97223 . 1 S133CA-01001 133CA-9000 NELSON GARY ROBERT & PATSY ARLE SC LS OINTE CONDOS 11295 SW 135TH AVE OW F ALL UNITS TIGARD, OR 97223 1 S133CD-15000 1 S133CA-01404 NGUYEN HANH/THUY LINH SCHOLLS POINTE LLC 11585 SW TALLW000 DR 2700 NE ANDRESEN STE D22 TIGARD, OR 97223 VANCOUVER, WA 98661 1S133CD-15700 1S133CA-01501 NUNEZ CARLOS SCHOLLS POINTE LLC 14706 SW SCHOLLS FY RD #217 BY POLYGON NORTHWEST COMPANY BEAVERTON, OR 97007 2700 NE ANDRESEN STE #D-22 VANCOUVER, WA 98661 1S133CD-13000 133CA-01800 PEBBLECREEK HOMEOWNERS ASSOC SC L INTE LLC BY RAK DEVELOPMENT CO 2700 DRESEN STE D22 8625 SW CASCADE AVE STE 606 V COUVER, A 98661 BEAVERTON, OR 97008 . ~ • 1 133CA-01600 1S133CD-11200 SC LLS P INTE LLC WITTMANN JULIE J BY PO ON NORTHWEST COMPANY 11689 SW WILTON AVE 270 E DRESEN STE #D-22 TIGARD, OR 97223 NCOUVE WA 98661 1 133CA-014 1 S133CD-15300 SC L POINTE LLC ZENNER LANCE R 270 NDRESEN STE D22 11541 SW TALLWOOD DR NCOUV , WA 98661 TIGARD, OR 97223 116, 33CA-0140 Westlake Consultants, Inc. S~~~NDRESEN LL OINTE LLC Attn: Lee Leighton 2STE D22 15115 SW Sequoia Pkwy., Suite 150 V COUVE WA 98661 Tigard, OR 97224 1 S133CD-03100 STIMEK SUSAN M 13643 SW ASHBURY LN TIGARD, OR 97223 1 S133CA-01700 STOVER CHESTER A 8 GALE C 13905 SW BARROWS RD BEAVERTON, OR 97007 1S133CD-03300 VANBAEST JENE 8 MICHAEL J 13593 SW ASHBURY LN TIGARD, OR 97223 1S133CA-92112 VERDADERO DAVID 8 PAMELA 13895 SW BARROWS RD #101 BEAVERTON, OR 97007 1S133CA-02000 VERIZON NORTHWEST INC PO BOX 152206 IRVING, TX 75015 1 S133CD-00200 WASHINGTON COUNTY FACILITIES MGMT 111 SE WASHINGTON ST HILLSBORO, OR 97123 1S133CA-02100 WINDFALL CONSTRUCTION AND DESIGN 23281 BOSKY DELL LN WEST LINN, OR 97068 i • Charlie and Larie Stalzer 14781 SW Juliet Terrace Tigard, OR 97224 Craig Smelter PO Box 1467 Tualatin, OR 97062 , Harold and Ruth Howland . 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 1W, Place Tigard, OR 97224 CPO 46 Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 46 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESiED PARiIES (pg. I of I) (i:\curpln\setup\labels\CIT West.doc) UPDATED: 21-Sep-04 ~ , • • AFFIDAVIT OF MAILING CITYOFTIOARD Community Oevelopment S(wpingA BetterCommunity I, Patricia L. GunsfOrd, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdminutrarive SpeciaCut for the City of7'sgard Washington County, Oregon and that I served the following: {Chetk Appiopriata Box(s) Below} Z NOflCE OF PENDIN6 LAND USE APPLICATION FOR: VAR2005-00034/VAR2005-00048 - GABRIEL WOODS SUBDIVISION o AMENDED NOTICE (File No./Name Reference) Z City of Tigard Planning Director A copy of the said notice being hereto attached, marked E1lhlblt"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked EXhlblt"B", and by reference made a part hereof, on M8Y 11, 2005, and deposited in the United States Mail on M8Y 11, 2005, postage prepaid. / ~i~ ~ • (Pers that epared Notic ,S7,A?E OT 04gGON ~ County of ~INasfficgton ) ss. City o}'~igant ) Subscribed and sworn/affirmed before me on the ao-N day of 2005. OFr'ICIAL SEAL 1 19 SUE ROSS ~ NUT!',:~:'t" PUBLIC-OREGON I ~ COMMISSION N0. 375152 ~ MY COMMl;iSION D(PIRES DEC.1, 2037 ~ MY SSI011 Dqlll'8S• r~"0 7 . - 4 . • AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: VAR2005-00034NAR2005-00048 Land Use File Name: GABRIEL WOODS SUBDIVISION ADJUSTMENTS I, Mathew Scheideqger, Associate Planner for the City of Tiqard, do affirm that I posted notice of the land use proposal affecting the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currently registered) is c.gg(--0-21cr~p) and did personally post notice of the proposed land use application(s) by means of weatherproof posting in the general vicinity of the affected territory, copy of said notice being hereto attached and by reference made a part hereof, on the day of 2005. Sig a of e on Who rformed Posting h:Uogin\pattytrnasters\affidavit of posting for applicant to post public hearing.doc GABRIEL WOODS SUBDIVISION ADJUSTMENTS VARIANCES (VAR) 2005-00034 & VAR20OS-00048 ~ REQUEST: The Tigard Development Code dictates that a cul-de-sac cannot be greater than 200 feet in length or provide access to more than 20 units. The proposed cul-de-sac of the Gabriel Woods Subdivision is approximately 300 feet in length and provides access to 25 units. Therefore, the applicant is requesting approval for adjustments to the maximum cul-de-sac length an number of units allowed to take access from a cul-de-sac. The requested Adjustments are allowed under Section 18.370.020.C.11. LOCATION: 13900 SW Barrows Road; WCTM 1 S133CA, Tax Lot 2100. ZONE: R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses are permitted outright and a wide range of civic and institutional uses are permitted conditionally APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.510 and 18.810. Further information may be obtained from the Planning Division (staff contact: Mathew Scheideqqer, Associate Planner) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and copies for all items can also be provided at a reasonable cost. m ~ . ~ GEOGRAPXIC INF00.MATION SYSTEM ~ AREA NOTIFim } Ro ~ ~ SW (500') D OED Vs m N FOR: Kristy Kelly <9 RE: I S I 33CA, 2100 , B1i7C~WM i5A7C~MIi CI77C~rT101 F Op °1~"'S0' ~tt~~• property owner information is valid for 3 months from ~p the date printed on this map. u o m , ~ uu~c~~rro '`?v m»e~~:na ~ Tti ~O e mo u» n a m~ e u 181i~CORI~O 13177E B07C 0 LL cm tt015 B uJ ~ ~ nuttnnn = ~ m3 en 3a unse o ~ ou u uou a m~ttttnoa 0 0 ~ um ve uxn 1 BRITTANY n OQ mnc»ett sma I ~ r ~ 0 0 0 iquenet ~it075f W 0 0 ° o o ° ~ m ttm a~aa en w~ un eo~ oce ~ 0 o R~ ~n m~eon o~ sauu a uu eeo u -I scu a en ng n m' cw :a = ~NGBR < LN URY LN w ~ ~ mrnm w> uem ns~ue ~ a Q ~ J A 0 0 0 0 0 R~NG ROOK LN a O N °o o ~ ° ~ p FEIRING Z LN o w 0 0 °o ~ Z ~ 0 100 200 300 400 500 Feet ~ N M w ~R E * o g ~ o o SW CRANE CT ~ = MONT C r= sst teet oooM oaoo ano to 0 0W oaaoo aaflm m aoao mo om o ~ MORNING ~ City of Tigard ft sv°u sTErnw MORNIN I Infamalion m fhis map is fa general locatim only arW shw10 be verified with the Development Services Division. 13125 SW Hall Blvd Tigard, OR 97223 ~ CRIST-CT (503) 630,4+7+ ~ nnPJn~n,.a.tigard.or.us Community Development Plot date: May 10, 2005; C:\magic\MAGIC03.APR ' • • 1S133CA-01200 1S133C D-03200 1440 ALTA VISTA INC CAMPOS FIDENCIO 2555 HUNTINGTON DR #A 13621 SW ASHBURY LN SAN MARINO, CA 91108 TIGARD, OR 97223 133C0-001 1 S133CD-15100 14 AL VISTA INC CARPENTER PEGGY A& HAROLD P 255 TINGTON DR #A 11577 SW TALLWOOD DR MARI , CA 91108 TIGARD, OR 97223 1S133CA-92142 1S133CD-16000 AILLON SHARMAN B CHAMBERS V JANE REV LIV TRUST 13895 SW BARROWS RD #104 BY V JANE CHAMBERS TR BEAVERTON, OR 97007 11631 SW WOOD DUCK PL TIGARD, OR 97223 1 S133CA-92012 1 S133CD-11000 ALIKHANI FLORA AMIR CLEARY TIFFANY L 20 AQUINAS ST 13789 SW ASHBURY LN LAKE OSWEGO, OR 97035 TIGARD, OR 97223 1S133C0-16200 1S133CD-16600 ANDREW SHARLENE COMPTON ANDREA & 11550 SW TALLWOOD DR SANCHEZ DEAN TIGARD, OR 97223 13857 SW ASHBURY LN TIGARD, OR 97223 1 S133CD-15500 1 S133CD-15800 BASCONCILLO ROD ALAN & DELL GLEN D& JANET L JENNIFER ANNE 11580 SW WOOD DUCK PL 11527 SW TALLWOOD DR TIGARD, OR 97223 TIGARD, OR 97223 1S133CD-16800 1S133CD-02700 BEWERSDORFF RICHARD H& DODSON JENNIFER BARON SANDRA A 13725 SW ASHBURY LN 13832 SW ASHBURY LN TIGARD, OR 97223 PORTLAND, OR 97223 1S133CA-92052 1S133CA-92022 BROOKS MARCEL L& COURTNEY B EILITZ MARK A& 13885 SW BARROWS RD #105 CARY CHRISTINE N BEAVERTON, OR 97007 13885 SW BARROWS RD #102 BEAVERTON, OR 97007 1S133CD-02900 1S133CC-00101 BROWN LONNIE C& JUNKO I F&F/WC REFLECTIONS ASSOC LLC 13681 SW ASHBURY LN BY FOWLERFLANAGAN PTNRS LLC TIGARD, OR 97223 80 E SIR FRANCES DRAKE #36 LARKSPUR, CA 94939 1S133CC-02000 133CB-00500 BUI KY KHAC AND F& C REF TIONS ASSOC LLC NGUYEN MAI TUONG BY F FLANAGAN PTNRS LLC 11629 SW TALLWOOD DR 80 WrRANCES DRAKE #36 TIGARD, OR 97223 RKSPUR, t-A 94939 ' . . 1 133CB-00700 1S133CD-03000 F8 C R LECTIONS ASSOC LLC HAMILTON JOHN B& NANCY L BY FO ERFLANAGAN PTNRS LLC 13655 SW ASHBURY LN 80 IR ANCES DRAKE #3B TIGARD, OR 97223 RKSPUR, A 94939 133C13-0060 1 S133CA-92032 F8 C FLECTIONS ASSOC LLC HANEY DEWEY BY FO LERFLANAGAN PTNRS LLC 13885 SW BARROWS RD #103 80 SIR ANCES DRAKE #3B BEAVERTON, OR 97007 RKSPUR, A 94939 1 S133CD-16300 1 S133CD-12300 GALLOWAY MICHAEL C& CAROL A HEIMANN SUE J 11574 SW TALLWOOD DR 9166 SW 149TH AVE TIGARD, OR 97223 BEAVERTON, OR 97007 1 S133CA-01100 1 S133CD-11100 GARRISON DAVID A& AMY E HEINTZ ROBERT J& CAROL A 13818 SW BARROWS RD 13821 SW ASHBURY LN TIGARD, OR 97223 TIGARD, OR 97223 1 S133CD-10800 1 S133CD-16700 GERDES DON WENDEL HUDSON MARTIN L& H SUE 11674 SW WILTON AVE 13845 SW ASHBURY LN PORTLAND, OR 97223 TIGARD, OR 97223 1 S133CD-16500 1 S133CA-92122 GERWIG MARY C JACQUEMIN THOMAS F 13873 SW ASHBURY LN 13895 SW BARROWS RD #102 TIGARD, OR 97223 BEAVERTON, OR 97007 1 S133CD-15400 1 S133CC-02100 GOODRICH DAN L KANAHELE KRISTEN L TRUST 11539 SW TALLWOOD DR BY KANAHELE KRISTEN L TR ' TIGARD, OR 97223 11611 SW TALLWOOD DR TIGARD, OR 97223 1 S133CA•92042 1 S133CD-16400 GRADEN DEKKER R LEAPTROTT JEFFREY RYAN 13885 SW BARROWS RD #104 11582 SW TALLWOOD DR BEAVERTON, OR 97007 TIGARD, OR 97223 1S133CD-14900 1S133CD-10900 GREENBERG SONDRA J LEMENI RODNEY A& SANDRA L 11597 SW TALLWOOD DR 13767 SW ASHBURY LN PORTLAND, OR 97223 TIGARD, OR 97223 1S133CA-01000 1S133CD-02800 GROSS FAMILY TRUST LESSNER CRISTINA ATENCIO BY GREGORY S NUNN TR 13705 SW ASHBURY LN PO BOX 110 PORTLAND, OR 97223 REDMOND, WA 98073 ' ~ • 1S133CD-15200 1 33C D-1730 MACDONALD FAMILY LIVING TRUST PEB EC EK HOMEOWNERS ASSOC 11563 SW TALLWOOD DR BY EVELOPMENT CO TIGARD, OR 97223 86 SW C ADE AVE STE 606 AVERTON, 97008 1S133CD-16100 133C D-172 MADDEN SALLY J TRUSTEE 8 RA E LOPMENT COMPANY MADDEN SALLY J TRUSTEE 11593 SW WOOD DUCK PL TIGARD, OR 97223 1 S133CD-02500 133CD-174 MANNING JOHN P AND MARY C PMENT COMPANY 11798 SW SWENDEN LOOP .7z TIGARD, OR 97223 1 S133CD-15900 1 S133CD-15600 MCALLISTER PATRICK J& AURORA RIGONI ARNIE A 11622 SW WOOD DUCK PL 9910 SW 141ST AVE TIGARD, OR 97223 BEAVERTON, OR 97008 ' 1 S133CA-92132 1 S133CD-02600 MCFARLAND BRADLEY RUTLEDGE THOMAS DAVID II & DAWN 13895 SW BARROWS RD #103 13745 SW ASHBURY LN BEAVERTON, OR 97007 TIGARD, OR 97223 1S133CA-00700 1 133CA-90001 NELSON FAMILY LIMITED PARTNERSHI SC LLS INTE CONDOS BY GARY R/ PATSY A NELSON TRS OWN F ALL UNITS 11295 SW 135TH AVE TIGARD, OR 97223 1S133CA-01001 1 133CA-9000 NELSON GARY ROBERT & PATSY ARLE SC LS OINTE CONDOS 11295 SW 135TH AVE OW OF ALL UNITS TIGARD, OR 97223 1S133CD-15000 1S133CA-01404 NGUYEN HANH/THUY LINH SCHOLLS POINTE LLC 11585 SW TALLWOOD DR 2700 NE ANDRESEN STE 022 TIGARD, OR 97223 VANCOUVER, WA 98661 1 S133CD-15700 1 S133CA-01501 NUNEZ CARLOS SCHOLLS POINTE LLC 14706 SW SCHOLLS FY RD #217 BY POLYGON NORTHWEST COMPANY BEAVERTON, OR 97007 2700 NE ANDRESEN STE #D-22 VANCOUVER, WA 98661 1 S133CD-13000 133CA-01800 PEBBLECREEK HOMEOWNERS ASSOC SC LS INTE LLC BY RAK DEVELOPMENT CO 2700 DRESEN STE D22 8625 SW CASCADE AVE STE 606 V COUVER, A 98661 BEAVERTON, OR 97008 ' • 0 • 1 133CA-01600 1S133CD-11200 SC LLS P INTE LLC WITTMANN JULIE J BY PO ON NORTHWEST COMPANY 11689 SW WILTON AVE 270 E DRESEN STE #D-22 TIGARD, OR 97223 NCOUVE WA 98661 1 133CA-014 1S133CD-15300 SC L POINTE LLC ZENNER LANCE R 55~, RESEN STE D22 11541 SW TALLWOOD DR WA 98661 TIGARD, OR 97223 1 33CA-0140 SC LL OINTE LLC 2700 NDRESEN STE D22 V COUVE WA 98661 1 S133CD-03100 STIMEK SUSAN M 13643 SW ASHBURY LN TIGARD, OR 97223 1S133CA-01700 STOVER CHESTER A & GALE C 13905 SW BARROWS RD BEAVERTON, OR 97007 1 S133CD-03300 VANBAEST JENE & MICHAEL J 13593 SW ASHBURY LN TIGARD, OR 97223 1S133CA-92112 VERDADERO DAVID & PAMELA 13895 SW BARROWS RD #101 BEAVERTON, OR 97007 1 S133CA-02000 VERIZON NORTHWEST INC PO BOX 152206 IRVING, TX 75015 1S133CD-00200 WASHINGTON COUNTY FACILITIES MGMT 111 SE WASHINGTON ST HILLSBORO, OR 97123 1 S133CA-02100 WINDFALL CONSTRUCTION AND DESIGN 23281 BOSKY DELL LN WEST LINN, OR 97068 ' • • Charlie and Larie Stalzer 14781 SW Juliet Terrace Tigard, OR 97224 Craig Smelter PO Box 1467 Tualatin, OR 97062 Harold and Ruth Howland . 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 CPO 46 Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 46 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESTED PARTIES (pg. I of I) (i:\curpln\setup\labels\CIT West.doc) UPDATED: 21-Sep-04 ' • • CITY OF TIGARD C0MMUNITY pEVELOPMENT DEPARTMENT PLANNING DIVlSION 13125 SW HALL B4UI.EVARD CITY OF TIf3ARD CON 97223 Corramrcrcitymez+eCopment TIGARD, OREPHONE: 503•6394171 FAIf: 503496•1960 (Attn: Pathr/Planning) Sfiayir,gyloattcrCum►nuaity O Q O D O O Q~ D D a 0 b VUUY1l~ N~n~J~~ L7J~ u Property avuner information is valid for 3 months from the date of your requesfi INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1 S134A6, Tax l.ot 00100) OR THE A[)DRESSES FOR ALL PROJECT PARCELS BELOW: Tax Map 1 S1 33CA, Tax Lot # 2100 %EASE BE AWA HAT ONLY I SET OF I,ABELS WILL BE P OV'IDED AT THIS TIME FOR Ldl(VG Yp UR N~G~BQRHOOD MEETING. After submitfiing your lan use applig,tiQn fio the City, and th~~ proIect planner has reviewed your application for completeness, you will be notitled by means of an inc;ompleteness letter to obtain your 2 final sets of labels. The 2 final sets of labels need to be placed on envelopes with first class letter-rate postage on the envelopes in the form af postage stamps (n metered envelopes and no return address) and resubmitfied to the Gity, for the pur ose of providing notice to roperty owners of the pro osed lan d us, application and the dec~s~on. The ~set of envelopes must be Cept separate. The person I'~sfed below wi~ bE called to pick up and pay for the labe~s when #hey are ready. NAME 0F CONTACT PERSON: Kristy Kelly PHONE; 503 684-0652 FAX: (503) 624-0157 TFiis request may e maie , axe or an e ivered to t e i y of Tigard, P ease a ow a 2-day minimum for processing requesis. Upon completion of y,our request, the contact person will be called to pick up their request that will be placed in "Will CaIP by their last name, at the Community DE;velopment Reception Desk, Trie cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NaXE: FOR REASOIVS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILMNG LABELS WILL BE ACCEPTED. Ccst Description_ $11 to ganerate the mailing list, plus $2 per sheet for printing the list onto labels (20 addresses pEr sheet). Then, rnulti I the cost to rint one set of labels b the number of sets re uestEd. IE '*EXp►MPLE COST FOR TMIS REQUES7 4 sheets of labels x$2lsheet = 8.00 x2 seis = $16.00 sheet(s) of labels x$2lsheet =$x ~ sets = y~/~ ~.OD 2 sheets of labels x$2lsheet for interested paftfes x 2 sets= $ 4.00 ~ shoef(s) of labels x$2lsheat for inierested parlles GENERATE LIST = GENERATE LIST = TOTAL = 53~100 TOTAL = q ~)v d- Z0/Z0 39dd S1Ntil-iflSNOD 371ti-11S3M L5Z0-bZ9-605 99 :5Z 599Z/0/99 . • s WESTLAKE CONSULTANTS iNC, 1'RANSMITTAL ENG1'NEERffG ♦ SU12 VE?'1NG ♦ PLf111TIV111rG Phone: 503 684-0651 Fax; 503 624-0157 Date: . May 6, 2405 Project No.: 1741-01/A To: Patty Lunsfard 1'roject Name: Gabriel Vlioods Subdivisioil CIT"Y 4F TIGARD Planning Division 13125 SW14a11 Boulevard Tigazd, OR 97223-8I89 Ph: 503-639-4171 rax: 503-598-1960 Copy: l+ rom: Kristy Kelly Land Use Planner Re: 2 final sets of labels No. of Co ies Dated beseri tion 1 - Request for 500-foot property owner mailing list Comments: 1'ath`> Per Matt Scheidegger, the applieation for the Gabriel VVoods 5ubdivision has been deemed coniplete with the exception of our mailing labels. Attached you Will fnd a request for 2 final sets of labels. Please give me a call when you have determined fhe fee. Thanks! -Kristy Fax r No. of Pages (including cover) Fax No_ As Above Mail O Messenger O Overnight ❑ Hand Delivery 0 Pacific Corporate Center, 15] 15 S.W. Sequoia.l'arkway, Suice 150,'figard, Orcgon 97224 Ze/Z0 3Jdd S1Ndl-if1SNOD 3Ad-11S3M L9Z0-bZ9-E05 99:9Z 500Z/L0/90 ~ ' ~ • REQUEST FOR COMMENTS CITYOFTIOARD Community ~Development S(apingA Better Community DATE: Ma]I 11, 2005 T0: Maa Stlne, Urban Forester/Public Works Annex FROM: City of Tigard Planning Diulsion STAFF CONTACT: ' Mathew Scheideg9er. Associate Planner [x24311 Phone: [50316394111/ Fax: [5031684-1291 ADJUSTMENTS (VAR) 2005-00034 & 48 ➢ GABRIEL WOODS SUBDIVISION ADJUSTMENTS Q REQUEST: The Tigard Development Code dictates that a cul-de-sac cannot be greater than 200 feet in length or provide access to more than 20 units. The proposed cul-de-sac of the Gabriel Woods Subdivision is approximately 300 feet in length and provides access to 25 units. Therefore, the applicant is requesting approval for adjustments to the maximum cul-de-sac length and number of units allowed to take access from a cul-de-sac. The requested Adjustments are allowed under Section 18.370.020.C.11. LOCATION: 13900 SW Barrows Road; WCTM 1 S133CA, Tax Lot 2100. ZONE: R-25: Medium High- Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses are permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.510 and 18.810. Attached are the Site Plan and Vicinity Map for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal_ in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MAY 31, 2005! You may use the space provided below or attach a separate letter to return your comments. If vou are unable to respond bv the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: ~ We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. _ Written comments provided below: Name & Phone # of Person(s) Commenting: s~~ i S ~ , ~ • . REQUEST FOR COMMENTS CITYOFTIOARD CommuniCy DeveCopment ShapingA ~Better Community DATE: MeY 11, 2005 T0: PER ATTACHED FROM: Cily of Tigard Planning Diuision STAFF CONTACT: Mathew Scheidegger. Assoclate Planner [x24371 Phone: [50316394111/ Fax: [50316841291 ADJUSTMENTS (VAR) 2005-00034 & 48 ➢ GABRIEL WOODS SUBDIVISION ADJUSTMENTS Q REQUEST: The Tigard Development Code dictates that a cul-de-sac cannot be greater than 200 feet in length or provide access to more than 20 units. The proposed cul-de-sac of the Gabriel Woods Subdivision is approximately 300 feet in length and provides access to 25 units. Therefore, the applicant is requesting approval for adjustments to the maximum cul-de-sac length and number of units allowed to take access from a cul-de-sac. The requested Adjustments are allowed under Section 18.370.020.C.11. LOCATION: 13900 SW Barrows Road; WCTM 1 S133CA, Tax Lot 2100. ZONE: R-25: Medium High- Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses are permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.510 and 18.810. Attached are the Site Plan and Vicinity Map for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MAY M. 2005: You may use the space provided below or attach a separate letter to return your comments. If vou are unable to respond bv the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. _ Written comments provided below: Name & Phone # of Person(s) Commenting: . _ „ OY OF TIGARD REQUEST FOR&MMENTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: FILE NAME: : .:CITIIEN INYOIVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: ❑Central ❑East ❑South ❑West , . ; . , , . . . , . , .-CITY OfFICES. , = LONG RANGE PLANNINGIBarbara Shields, Planning Mgr. COMMUNITY DVLPMNT. DEPT./Planning-Engineering Techs. _ P9LICE DEPT./Jim Wolf, Crime Prevention Officer BUILDING DIVISION/Gary Lampella, Building Offcial ✓NGINEERING DEPT./Kim McMillan, Dvlpmnt. Review Engineer ~UBLIC WORKS/Matt Stine, Urban Forester CITY ADMINISTRATION/Cathy Wheatley, City Recorder PUBLIC WORKS/Brian Rager, Engineering Manager ~ PLANNER- POST PROJECT SITE IP A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARINGI , . , . : - ~ . . . . ; . ; SPECIAL DISTRICTS TUAL. HILLS PARK & REC. DIST.* TUALATIN VALLEY FIRE 8 RESCUE +1 ""'TUALATIN VALLEY WATER DISTRICT ♦ CLEANWATER SERVICES Planning Manager Fire Marshall AdminisUative Office Lee WalkedSWM Program 15707 SW Walker Road Washington County Fire DisVict PO Box 745 155 N. First Avenue Beaverton, OR 97006 (place in pick-up box) Beaverton, OR 97075 Hillsboro, OR 97124 - LOCALANDSTATEIURISDICTIONS , , ITY OF BEAVERTON ~ CITY OF TUALATIN ~ OR. DEPT. OF FISH 8~ WILDLIFE OR. DIV. OF STATE LANDS Planning Manager Planning Manager 3406 Cherry Avenue NE MeHnda Wood (vLuN Fom, aeauima) Steven Sparks, Dev. Svcs. Manager 18880 SW Martinaai Avenue Salem, OR 97303 775 Summer Street NE, Suite 100 PO Box 4755 Tualatin, OR 97062 Salem, OR 97301-1279 Beaverton, OR 97076 _ OR. PUB. UTILITIES COMM. METRO - LAND USE & PLANNING ~ OR. DEPT. OF GEO. 8 MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM ~ 600 NE Grand Avenue 800 NE Oregon Street, Suite 5 Salem, OR 97310-1380 City Manager Portland, OR 97232-2736 Portland, OR 97232 PO Box 23483 Bob Knight, DetaRewurceCenter(ZCA) US ARMY CORPS. OF ENG. Durham, OR 97281-3483 Paulette Allen, GrowthMenepementCoordinetor OR. DEPT. OF LAND CONSERV.& DVLP Kathryn Harris (r.Ps ony) _ Mel Huie, GreenspecesCOOrdinetor(CPMOA) Larry French (camP.aien amenamermonry) • Routing CENWP-OP-G CITY OF KING CITY +IF _ Jennifer Budhabhatti, Regional Planrrer(Wetlands) 635 Capitol Street NE, Suite 150 PO Box 2946 City Manager _ C.D. Manager, GrowthManapemeMServices Salem, OR 97301-2540 Portland, OR 97208-2946 15300 SW 116th Avenue King City, OR 97224 WASHINGTON COUNTY ~ OR. DEPT. OF ENERGY (Powedines in nrea) _ OR. DEPT OF AVIATION (MoooPofa Towom) Dept. of Land Use 8 Transp. Bonneville Power Administration Tom Highland, Plenning 155 N. First Avenue _ CIN OF LAKE OSWEGO ~ Routing TTRC - Attn: Renae Ferrera 3040 25th Street, SE Suite 50, MS 13 Planning Director PO Box 3621 Salem, OR 97310 bill oro. OR 97124 PO Box 369 Portland, OR 97208-3621 Steve Conway(cmortd naa9.) Lake Oswego, OR 97034 Gregg Leion (can) _ OR.DEPT.OF ENVIRON.QUALITY (DEQ) ODOT, REGION 1~ Brent CuRis (cvn) CITY OF PORTLAND (NOtiy fbr wauenag a,a aotemiei envi~mentai impaa5) _ Marah Danielson, Devebpment ReviewCoordinator poria Mateja (zcn) Ms ,a Planning Bureau Director Regional Administrator Carl Torland, Right-of-Way Section (vacacro~) _ Sr.Cartographer (cPAac~)ms 14 1900 SW 4t" Avenue, Suite 4100 2020 SW Fourth Avenue, Suite 400 123 NW Flanders _ Jim Nims, SUNOyOf(ZcmM9t0 Portland, OR 97201 Portland, OR 97201-4987 Portland, OR 97209-4037 WA.CO.CONSOL. COMM.AGNCY ODOT, REGION 1- DISTRICT 2A ODOT, RAIL DIVISION STATE HISTORIC Dave Austin Cwcccn)"911°(MaapoMTown) Sam Hunaidi, Assislant Dislrict Manager (Notly If ODOT R/R•Hwy. Croseing is Only Aeeeas to Land) PRESERVATION OFFICE PO Box 6375 5440 SW Westgate Drive, Suite 350 Dave Lanning, sr. cmssing sarecy spedenst (Nolify If Property Has HD OwAey) Beaverton, OR 97007-0375 Portland, OR 97221-2414 555-13" Street, NE, Suite 3 1115 Commercial Street, NE Salem OR 97301-4179 Salem, OR 97301-1012 UTILITY PROYIDERS AND SPECIAL A6ENCIES PORTLAND WESTERN R/R, BURLINGTON NORTHERNISANTA FE RIR, OREGON ELECTRIC R/R (Burlington Northem/Santa Fe wR Predecessor) Robert I. Melbo, President & General Manager 110 W. 10th Avenue Albany, OR 97321 SOUTHERN PACIFIC TRANS. CO. R/R METRO AREA COMMUNICATIONS COMCAST CABLE CORP. TRI-MET TRANSIT DVLPMT. Clifford C. Cabe, Construction Engineer Debra Palmer (a,naXecbm oniy) Randy Bice cs«~~N..c__i (If PioJal is Within Y. Milo ol o Translt RoNo) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin, Project Planner Portland, OR 97232 1815 NW 169th Place, S-6020 Beaverton, OR 97005 710 NE Holladay Street Beaverton, OR 97006-4886 Portland, OR 97232 PORTLAND GENERAL ELECTRIC NW NATURAL GAS COMPANY VERI20N QWEST COMMUNICATIONS Ken Gutierrez, $vc.Design Consultant Scott Palmer, Engineering Coord. David Bryant, Engineering Florence Mott, Eng. ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue OR 030533/PO Box 1100 8021 SW Capitol Hill Rd, Rm 110 Wilsonville, OR 97070 Portland, OR 97209-3991 Beaverton, OR 97075-1100 Portland, OR 97219 TIGARDITUALATIN SCHOOL DIST. #23J_ BEAVERTON SCHOOL DIST. #48 COMCAST CABLE CORP. COMCAST CABLE COMMUNIC. Marsha Butler, Administrative Offices Jan Youngquist, Demographics Alex Silantiev cs..MwbA-o.~> Diana Carpenter (A,.e.aN.M+amw) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue, Bldg. 12 10831 SW Cascade Avenue Tigard, OR 97223-8039 Beaverton, OR 97006-5152 Beaverton, OR 97008 Tigard, OR 97223-4203 ~R INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500' OF THE SUBJECT PROPERT7 FOR ANYIALL CITT PROjECTS (Project Planner Is Responsible For Indicating Parties To Notify). n:NpanybnastersNRequest For Comments tvotification ust.doc (UPDATED: 3-Feb-05) (Also uodate: i:\curoln\setuo\labels\annexation utilities and franchises.doc when uodatino this document) . ~ CITY OF TIOARD Community DeveCopmeitt Ska 'n ABetterColmnuni LAND USE PROPOSAL DESCRIPTION 11 120 DAYS = 9114/2005 FILE NOS.: ADJUSTMENT (VAR) 2005-00034 ADJUSTMENT (VAR) 2005-00048 FILE TITLE: GABRIEL WOODS SUBDIVISION ADJUSTMENTS APPLICANT/ Windfall Design and Construction, Inc. APPLICANT'S Westlake Consultants, Inc. OWNER: Attn: Barry Sandhorst REP.: Attn: Lee Leighton 23281 SW Bosky Dell Lane 15115 SW Sequoia Pkwy. West Linn, OR 97068 Suite 150 Tigard, OR 97224 REQUEST: The Tigard Development Code dictates that a cul-de-sac cannot be greater than 200 feet in length or provide access to more than 20 units. The proposed cul-de-sac of the Gabriel 1N-oods Subdivision is approximately 300 feet in length and provides access to 25 units. Therefore, the applicant is requesting approval for adjustments to the maximum cul-de-sac length and number of units allowed to take access from a cul-de-sac. The requested Adjustments are allowed under Section 18.370.020.C.11. LOCATION: 13900 SW Barrows Road; WCTM 1S133CA, Tax Lot 2100. ZONE: R-25: Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses are permitted outright and a wide range of civic and institutional uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.510 and 18.810. DECISION MAKING BODY BELOW: ❑ TYPE I Z TYPE II ❑ TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT: MAY 17, 2005 DATE COMMENTS ARE DUE: MAY 31, 2005 ❑ HEARINGS OFFICER [MONJ DATE OF HEARING: TIME: 1:00 PM ❑ PLANNING COMMISSION [MONJ DATE OF HEARING: TIME: 1:00 PM ❑CITY COUNCIL [TUESJ DATE OF HEARING: TIME: 1:30PM Z STAFF DECISION [TENTAflVD DATE OF DECISION: JUNE 14, 2005 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION Z VICINITY MAP ❑ LANDSCAPING PLAN ❑ ARBORIST REPORT Z SITE PLAN ❑ ARCHITECTURAL PLAN Z IMPACT STUDY Z NARRATIVE ❑ GEOTECH REPORT ❑ OTHER: STAFF CONTACT: Mathew Scheideqqer, Associate Planner (503) 639-4171 Ext. 2437 1~\\111~_!~% 1 f PRG•I1rr. f7GW, CITY OF: TIGARD PLA,NNING` DIVISIO~N I:Y O~ ~<.13125 SW HALL-:BOULEVARD `T.IGARD, OR-'97223,481~8t9,~,~~~~4~~~~~~;t~~~,~~ : 503.639 4171/503:684:7297. : • CITY OF TIGARD . . ` , ' • ' ' OREGON , . _ LAND USE PERMIT APPLICATION ; . . : , . . . File 'LEJb57~ Other`Case:# -~'J . Date By Receipt # z00,1 -..~z 3 City, Urb ❑ Date CompleteE= TYPE OF PERMIT YOU ARE APPLYING FOR . 2 AdjustmenWariance (I or II) ❑ Minor Land Partition (II) ❑ Zone Change (III) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (I11) ❑ Zone Change Annexation (IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review (1, II or III) ❑ Zone Ordinance Amendment (IV) ❑ Historic Overlay (II or III) ❑ Site Development Review (II) ❑ Home Occupation (II) ❑ Subdivision (II or III) ress i avai a e 13900 SW Barrows Road, Ti ard, OR 97223 Tax Ma 1 S 1 33CA, Tax Lot No. 2100 1.92 Acres R-25 APPLICANT' Bar Sandhorst - Windfall Desi n and Construction, Inc. 23281 SW Bosk Dell Lane, West Linn, OR 97068 503 638-5068 503 638-6122 pp ican s epresen a ive . Lee Lei hton, AICP - Westlake Consultants, Inc. 503 684-0652 ac is i more an one Bar Sandhorst - Windfall Desi n and Construction, Inc. 23281 SW Bosk Dell Lane, West Linn, OR 97068 503 638-5068 503 638-6122 *When the owner and the applicant are different.people, the applicant must be purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. Thetlners must sign this application in the s ace rovided on the back of this form or submit a written authorization with this a lication. ease e speci ic . Street Im rovement Ad'ustment to the cul-de-sac len th and number of units accessin the rima access street. • Cul-de-sac len th: a roximatel 300 ft. • Number of units accessin street: 25 dwellin units. Clarification to the Landsca e Plan of Case file #SUB2004-0012, VAR2004-005, VAR2004-00085. APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. ~ ~ 1'• M THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature Date Barry Sandhorst - Windfall Design and Construction, Inc. Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/AgentlRepresentative's Signature Date Lee Leighton, AICP - Westlake Consultants, Inc. , ApplicanUAgent/Representative's Signature Date . CITY OF TIGARD 4i26i2005 13125 SW Hall Blvd 8:33:40AM Tigazd, Oregon 97223 (503) 639-4171 ' Receipt 27200500000000001823 . Date: 04/26/2005 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2005-00034 [LANDUS] Street Improv Adjust 100-0000-438000 493.00 VAR2005-00034 [LANDUS] 50% Joint App Fee 100-0000-438000 73.00 Line Item Total: $566.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid • Check WINDFALL CONST & DESIGN kjp 7605 In Person 566.00 iNC Payment Total: $566.00 WINDFALL CONST. & DESIGN, INC. WELLS FARGO BANK, N.A. 7605 23281 S.W. BOSKY DELL LANE PH. 503-638•5066 LAKE OSWEGO, OR 97035 III WEST LINN, OR 97068 24-680/ 1230 ~B~ . 3/25/2005 ~ a c 0 N PAYTOTHE Cl'ry O'f Tigard $ **566.00 ORDER OF ~ Five Hundred 5ixty-Six and 00/100************~***************~*~***** DOLLARS ~ • ~ . N City of Tigard 8 ORIZED SIGNANRE NP cReceiptrpt Page 1 of 1 . ~ , • • PRE,APP. HELD V. CITY OF TIGARD PLANNING DIVISIO~N~~~,a , 13125 SW HALL BOULEVARD TIGARD, OR 97223-81 503.639.4171 /503.684.7297 CITY OF TIGARD oUGox LAND USE PERMIT APP ION File# PRdo05-oooy8 OtherCase# Date By ~ Receipt # a 0a S o2 I S 3 City 0 Urb ❑ Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR Z AdjustmenWariance (I or II) ❑ Minor Land Partition (il) ❑ Zone Change (III) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) ❑ Zone Ordinance Amendment (IV) ❑ Historic Overlay (II or III) ❑ Site Development Review (II) ❑ Home Occupation (II) ❑ Subdivision (II or IIl) ' ress i avai a e 13900 SW Barrows Road, Ti ard, OR 97223 Tax Ma 1S1 33CA, Tax Lot No. 2100 1.92 Acres R-25 APPLICANT* Bar Sandhorst - Windfall Desi n and Construction, Inc. 23281 SW Bosk Dell Lane, West Linn, OR 97068 503 638-5068 503 638-6122 pp ican s epresen ive . Lee Leighton, AICP - Westlake Consultants, Inc. 503 684-0652 ac is i more an one , Bar Sandhorst - Windfall Desi n and Construction, Inc. 23281 SW Bosk Dell Lane, West Linn, OR 97068 503 638-5068 503 638-6122 *When the owner and the applicant are different people, the applicant must be ~ purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The ners must sign this application in the s ace rovided on the back of this form or submit a written authorization with this a lication. ease e speci ic , Street Im rovement Ad'ustment to the cul-de-sac len th and number of units accessin the rima access street. • Cul-de-sac len th: a roximatel 300 ft. • Number of units accessin street: 25 dwellin units. Clarification to the Landsca e Plan of Case file #SU62004-0012, VAR2004-005, VAR2004-00085. APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. • • • , THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. ~A~ r~ Owner's Signature Date Barry Sandhorst - Windfall Design and Construction, Inc. Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date ~ 51/s( Applicant/Agent/Representative's Signature Date Lee Leighton, AICP - Westlake Consultants, Inc. Applicant/Agent/Representative's Signature Date CITY OF TIGARD sii 3i2oos 13125 SW Hall Blvd. 3:13:04PM Tigard, Oregon 97223 . (503) 639-4171 „ Receipt 27200500000000002153 ' Date: 05/13/2005 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2005-00048 [LANDUS] Street Improv Adjust 100-0000-438000 246.50 VAR2005-00048 [LRPF] LR Planning Surcharge 100-0000-438050 36.50 Line Item Total: $283.00 , Payments: " Method Payer User ID AcctJCheck No.Approval No. How Received Amount Paid • Check WINDFALL CONST. & DESIGN CAC 7625 In Person 283.00 INC Payment Total: $283.00 WINDFALL CONST. & DESIGN, INC. WELLS FARGO BANK, N.A. 7625 ° ~ 23281 S.W. BOSKY DELL LANE PH.503-638-5068 LAKE OSWEGO, OR 97035 ~ WEST LINN, OR 97068 GCg #94308 24-680/1230 5/11/2005 ~ ~ a c 0 PAYTOTHE Clty Of Tigard **283.00 0 ORDER OF $ m Two Hundred Eighty-Three and 00/100*************x~**********~********* DOLLARS x • ~ U 0 City of Tigard `n . 8 AUTHORIZED SIGNATURE NP ' cReceipt.rpt Page 1 of 1 JOL CITY OF TIGARD May 17, 2005 OREGON Windfall Design and Construction, Inc. . Attn: Barry Sandhorst . 23281 SW Bosky Dell Lane West Linn, OR 97068 RE: Notice of Complete Application Submittal (Gabriel Woods SubdivisionNAR2005-00034NAR2005-00048) Dear Mr. Sandhorst: The City has received the additional information necessary to begin the review of your Adjustment application. Staff has, therefore, deemed your application submittal as complete as of 05/17/05 and will begin the review process. The estimated time for rendering a decision from the date an application is deemed complete is four-six weeks. If you have any questions about the information contained in this letter, please feel free to contact me at (503) 639-4171, x2437. Sincerely, athew Sc eidegger . Associate Planner i: \cu rplnUnathewWARNAR2005-00034. complete.dot c: VAR2005-00034 Land use file Westlake Consultants, Inc. Attn: Kristie Kelly 15115 SW Sequoia Parkway Suite 150 Tigard, OR 97224 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 • • ~~l_~uU~ LuJ Westlake MAY '13 2W consultants,inc rt~n Ti9A/VSM/TTAL ~1 r-'r--""/✓~ ENGINEERING ♦ SURI/EYING ♦ PLANNING Phone.• 503 684-0652 Fax.• 503 624-0 9 57 Date: May 13, 2005 Project No.: 1741-001 To: Matt Scheidegger Project Name: Gabriel Woods Subdivision City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 From: Kristy Kelly V_~ CC: Re: Land Use Application No. of Co ies Dated Descri tion 1 5/2/2005 Notice of Incomplete Application Submittal 2 ~ 2 sets of pre-stamped, pre-addressed envelopes. 1 ~ Application Fee - Check #7625 ($283) 1 ~ City of Tigard Land Use Application 15 5/12/2005 Narrative: "Gabriel Woods Subdivision - Street Improvement Adjustment" Comments: Matt, Pursuant to the Notice of lncomplete Application dated May 2, 2005, attached you will find 95 sets of the complete application and required pre-stamped, pre-addressed enve%pes. Also enclosed you will find a Land Use Application and corresponding fee for the second adjustment. Please call if you have any questions. Thanks! Kristy Fax ❑ No. of Pages (including cover) Fax No. Mail ❑ Messenger ❑ Overnight ❑ Hand Delivery ■ Pacific Corporate Center, 15115 S.W. Sequoia Parkway, Suite 150, Tigard, Oregon 97224 May 2, 2005 ?1 fF r F 1VED , MAY 0 3 2005 CITY OF TIGARD Windfall Design and Construction,. IW~AECONSULTANIS, im,. OREGON Attn: Barry Sandhorst 23281 SW Bosky Dell Lane West Linn, OR 97068 Dear Mr. Sandhorst: RE: Notice of Incomplete Application Submittal The City has not received the information necessary to begin the review of your Minor Land Partition application. Staff has, therefore, deemed your application submittal as incomplete. In order for staff to proceed, the following materials will need to be submitted: . Apply for second adjustment. Adjustments to cul-de-sac length and number of units accessing a cul-de-sac are finro separate adjustments. . Two sets of pre-stamped, pre-addressed envelopes. (Contact Patty Lunsford at the City of Tigacd x2438) . Submit 15 copies of complete application. . I am available to answer questions and otherwise assist you as may be required at 503-639-4171, extension #2437. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. If I am not available, please leave your name and phone number so that I can call you as soon as possible. Sincerely, ~ _ ~~--f atfi Scheidegger Associate Planner i:\curplnUnathewUnlp2005-00034.acc c: Vk005-000341-and Use File Westlake Consultants. Inc. Attn: Kristy Kelly 15115 SW Sequoia Parkway, Suite 150 Tigard, OR 97224 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 ~ • WESTLAKE ` CONSULTANTS iNC, TRANSMITTAL ENGINEERING ♦ SURVEYING ♦ PLANNING Phoize: 503 684-0652 Fcu: 503 624-0157 Date: April l, 2005 Project No.: 1741-01/A To: Matt Scheidegger, Associate Planner Project Name: Gabriel Woods Subdivision CITY OF TIGARD Planning Division 13125 SW Hall Boulevard Tigard, OR 97223-8189 Ph: 503-639-4171 Fax:503-684-7297 Copy: Barry Sandhorst Windfall Construction & Design 23281 SW Boskey Dell Lane West Linn, OR 97068 From: Kristy Kelly Land Use Planner Re: Street Improvement Adjustment No. of Co ies Dated Descrition 3 sets - Street Improvement Adjushnent (plan set included) 1 - City of Tigard Land Use Permit Application 1 - Application Fee - Check #7605 ($566) Comments: For your review. , i; C-~XV OZ7- 'i'6CAWU . Fax ❑ No. of Pages (including cover) Fax No. Mail ❑ Messenger ❑ Overnight 0 Hand Delivery ■ Pacific Corporate Center, 15115 S.W. Sequoia Parkway, Suite 150, Tigard, Oregon 97224 ~ 4 ~ « ' . ~ ~ r ~ • I West ake I EiVGIIVEERIIVG I SURVEYING consultants, inc iPLANNING 1 1 i i 1 ~ Gabriel Woods Subdivision ~ Street ImProvement AdJ'ustment ~ , April 1, 2005 1 ~ ! 1 ~ . G°~~~~~~E D, t aPR 0 t 2oo~ ~~T2MD ~ Pacific Corporate Center 15115 svu sequoia parkuuay, ' suite 150, tigard, oregon 97224 www.wrestlelceconsultan4s.com 1 PH 503.694.0652 1 Fx 503.624.0157 r • • ~ ~ ~ - ~ Gabriel Woods Subdivision ~ ~ ~ ' Prepared for.• Barry Sandhorst , ' Windfall Design and Construction, Inc. 23281 SW Bosky Dell Lane West Linn, OR 97068 . ' Phone: 503.638.5068 Fax: 503.638.6122 ' Prepared by: , Westlake Consultants, Inc. • 15115 SW Sequoia Parkway, Suite 150 Tigard, Oregon 97224 , Phone: 503.684.0652 Fax: 503.624.0157 • • . ' . ' , . . ' . . _ ..g . , Gabriel Woods Subdivision ~ ~ ~ Prepared for: Barry Sandhorst Windfall Design and Construction, Inc. ~ 232$1 SW Bosky Dell Lane , West Linn, QR 97068 Phone: 503.638.5068 , Fax: 503.638.6122 ' Prepared by: Westlake Consultants, Inc. , 15115 SW Sequoia Parkway, Suite 150 " ~ Tigard, Oregon 97224 Phone: 503.684.0652 Fax: 503.624.0157 ~ . . t , Westlake Consultants, Inc. • • - ' TABLE OF CONTENTS DATA SHEET ..:..........................................................................................................................................................1 ' . - . _ PROJECT OVERVIEW .............................................................................................................................................2 , ri(OJ'EC1 Lr,Jl,RlP11O11 Z` SUBJECT SI7'E AND ABlJ7'I'ING PROPERTY INFORMATION ..........................................................................................3 ' Subject Site ..................................................................................................................................`.........................3 . SERVICES AND FACILITIES . ' . . ' Abutting Properties ...................................................................................:..........................................................3 ..3 Sanitary Sewer/Septic ..........................................................................................................................................3 ~ Water Supply and Fire Protection .......................................................................................................................3 , Storm Drainage ....................................................................................................................................................4 ' . Other Utilities: Power - Telephone - Gas - Cable Television 4 ~ ' ADNSTMENT APPLICATION REQUEST ...........................................................................................................5 TIGARD COMMUNITY DEVELOPMENT CODE ...............................................................................................5 CH"'rEtt 18.810 - STREET & IJTILITY IIvIPROVEMENT STANDARDS ..........................................................5 ' Section 18.810. 010 Purpose S Section 18.810.020 General Provisions S Section 18.810.030 Streets ...................................................................................................................................5 , CHAPTeR 18.390 DECISION-MAKING PROCEDURES ........................................................................................6 Section t8.390.020 Description of Decision-Making Procedures 6 Section 18.390.040 - Type II Procedure 6 CHAPTErt 18370 VARIANCES AND ADNSTMENTS .........................................................................................8 ' Section 18.370.020 Adjustments ..........................................................................................................................8 CLARIFICATION TO THE LANDSCAPE PLAN ................................................................................................................9 Section 18.745.050 -Buffering and Screening 10 ' EXHIBITS ~ Exhibit Contents A Preliminary Plans ' • Existing Conditions (Sheet P100); , • Site Plan (Sheet P200); • Grading Plan (Sheet P300); ' • Master Utility Plan (Sheet P400); ~ • Profiles (Sheet P500); • Tree Preservation Plan (Sheet P600); , • Landscape & Mitigation Plan (Sheet P700); ' B City of Tigard Notice of Final by the Hearings Officer , C ~ City of Tigard Land Use Permit Application ~ D Pre-Application Conference Notes E Impact Study • ~ ' F Sheet C600 - Landscape & Mitigation Plan , ' Gabriel Woods Cul-de-sac Adjustment Request ' Westlake No. 1741-01 i April 1, 2005 , . , Westlake Consultants, Inc. • • 1 , DATA SHEET ' APPLICANT'S REPRESENTATIVE: Westlake Consultants, Inc. ' 15115 S vJ. Sequoia rarkway, Suite 130 Tigard, OR 97224 Contact: Lee Leighton, AICP ' Phone: 503 684-0652 . Fax: 503 624-0157 . ' APPLICANT: Barry Saridhorst , Windfall Design and Construction, Inc. 23281 SW Bosky Dell Lane ' West Linn, OR 97068 Phone: 503 638-5068 Fax: 503 638-6122 ' PROPERTY DESCRIPTION: Parcel 2, Partirion Plat No. 1992-009 ' Washington County Tax Map 1 S 1 33CA, Tax Lot # 2100 ' PROPERTY O«'NERS: Evelyn M. Karls 13900 SW Barrows Road ' Tigard, OR 97223 SITE SIZE: • 1.92 Acres ' ZONING DESIGNATION: R-25 J PROPOSAL: Adjustment for a 300-foot cul-de-sac providing access to 25 dwelling units. ' . ) 'I f ' Gabriel Woods Cul-de-sac Adjustment Request ~ Westlake No. 1741-01 1 April 1, 2005 Westlake Consultants, Inc. • • ' ~ , , : . . . PROJECT OVERVIEW , . I PROJECT DESCRIPTION . . . . . . _ The applicant, Barry Sandhorst of Windfall Design & Construction, Inc., submitted an ' arrllcatie^ L-r ±.he Gab::el Woeds Subdivision cor.sisting of 2S single-farnily residential lots, with a-public-street, two private streets and several tracts containing landscaping, shared parking,- •••and a water quality facility. The subject property is located at 13900 SW Barrows •Road. The - , ' existing single-family residence will be removed. . . , Access to the site will be from a system of a public-street and two private streets. The public ' street, Anna Lane, will enter the site easterly from SW Barrows Road and terminate in a cul-de- . sac. Anna Lane serves as the primary access for the development to SW Barrows Road and therefore. provides service for a1125 dwellings in the proposed development. Anna Lane . ' measures approximately 300 feet in length. , ~ In response to Condition #9 of the subdivision approval, the Applicant respectfully requests a ' Type II Adjustment to the cul-de-sac length and number of units accessing Anna Lane (See Exhibit B- City of Tigard Notice of Final by the Hearings Officer). Fire and emergency access ' ccmpliance is accomplisr.eu by the design ef the pr:vate s:ree: inte.secticns, such t::at they satisfy turnaround requirements of Tualatin Valley Fire & Rescue, through coordination with Depuiy Fire vlarsnai Eric Vlctiluilen. ' A City of Tigard application form has been prepared and included as part of this approval request ' (See Exhibit C- City of Tigard Land Use Permit Application). A complete list of drawings and exhibits is provided immediately following the Table of Contents. 1 i . ' _ . J ' . ~ ' 1 1 f ' 1 ' Gabriel Woods Cul-de-sac Adjustment Request Westlake No. 1741-0 l 2 April 1, 2005 1 ' Westlake Consultants, Inc. • • ' SUBJECT SITE AND ABUTTlNG PROPERTY 1NFORMATION ' Subject Site , The subject property contains approximately 1.92 acres located on the east side of SW Barrows ' Road, in the R-25 (Residential -1,480 SF).zone. It is legally described as parcel 2, partition Plat - No. 1991-009, and identified in tax records as tax lot 2100, tax map 1S1 33CA, Washington County. There is an existing single-family structure and accessory buildings that will be ' removed per the approved Gabriel Woods Subdivision. Abutting Properties • 'The subject site has residential uses in close proximit}l. The abutting property to the south is the , Pebble Creek 3 subdivision, with detached single-family residences on lots ranging in size from .11 acres to .19 acres. Property to the east of the site contains an apartment complex, including ' garages and an emergency access drive north of the subject property. To the north of that lies a 1.35-acre parcel that currently has a single family detached residence. On the west side of SW Barrows Road, across from the project site, there are several residential lots located within the ' City of Beaverton. SERV/CES AND FACILIT/ES ' All necessary public facilities shall be constructed by the developer pursuant to the Gabriel W oods Subdivision approval (City of Tigard Case file # SuB2CC4-0CCi2, VAR.2004-0005 ' VAR2004-00085). This application will have no impact on that approval. The following information is provided by way of general background. Sanitary Sewer/Septic Public sanitary sewer is available through a gravity system to the north of the project that is maintained by the City of Beaverton; this is the preferred route for making a connection. A gravity line will be extended from an existing manhole in SW Barrows Road, southerly and , easterly where it will be extended into the site. Alternatively, public sanitary sewer is also available a similar distance to the south of the site. The location to the south is more difficult to connect to, making it less desirable as a connection point. The sanitary sewer main line facilities are proposed to be eight-inch pipe gravity system. The proposed sanitary sewer system is illustrated on Sheet P400 - Master Utility Plan. , Water Supply and Fire Protection . I , The site will be served by the City of Tigard Water Department. The proposed water system improvements will consist of eight-inch pipes. The primary connection will be at the intersection ~ of proposed Anna Lane and SW Barrows Road. The proposed water system is shown on Sheet P400 - Master Utility Plan. Fire hydrants will be provided on-site to meet fire department • ' requirements. ~ . 1 . Gabriel Woods Cul-de-sac Adjustment Request Westlake No. 1741-01 3 April 1, 2005 ~ ' Westlake Consultants, Inc. • • ' Storm Draina9e Storm water runoff from the proposed lots and streets will be directed into a water quality and ~ , detentian facility within proposed Trac: "G' (See Sheet P400 - Master L'►ility Plan), which is . designed to mimic pre-development conditions: Surface water will be piped to a 100-foot grassy "swale within proposed Tract G, after which it will flow into a pipe conveying stormwater west, ' aiong ihe norin properiy iine, io ihe S:: Barrows Road rigni-oi-waY . W iuun ihe rig?_ -or-wa . _ - . Y, the public line will be extended north from its existing terminus at a field inlet in front of the ' neighboring Verizon property to make the connection. ` ; . Other Utilities: Power - Telephone - Gas - Cable Television ~ Portland General Electric and Verizon provide electrical power and telephone services, ' respecrively. Northwest Natural Gas and Comcast provide natural gas and cable television, ' respectively. All of these utilities will be provided to the site and coordinated with the appropriate utility. ' ' ' 1 I , 1 1 I ' l 1 l ' l ' Gabriel Woods Cul-de-sac Adjustment Request Westlake No. 1741-01 4 April 1, 2005 I ~ Westlake Consultants, Inc. • • i . ADJUSTMENT APPLICATION REQUEST . 1 . The following sections of this narrarive address the approval criteria that apply to the proposed , adjustment. Quoted provisions appeaz in italics, followed by findings of fact and proposed conclusions of law.. , . ' TIGARD COMMUNITY DEVELOPMENT CODE CHAPTER 98.810 - STREET 8 UT/L/TY /MPROVEMENT STANDARDS ' Section 18.810.010 Purpose A. Purpose. The purpose of this chapter is to provide construction standards for the , implementation ofpublic and private facilities and utilities such as streets, sewers, arzd drainage. . ' Section 18.810.020 General Provisions ' D. ,4cljustments. .4djustrnents to .'Ize prcvisions in this chapter related to stree.' impro ve:r.e:i.s may be granted by means of a Type II procedure, as governed by Section 18.390. 040, using upprovai criieria in Sectiun i a.3 i v".O.i 0 C9. (Ord. 99-2Zj ~ Response: Access to the site will be from a system of a public street and two private streets. The ~ public street, Anna Lane, will enter the site easterly from SW Barrows Road and terminate in a cul-de-sac. Anna Lane serves as the primary access for the development to SW Barrows Road and therefore provides service for the proposed development including 25 dwellings. Anna Lane measures approximately 300 feet in length. Pursuant to Condition #9 of the Gabriel Woods Subdivision approval (See Exhibit B- City of Tigard Notice of Final by the Hearings Officer, Case file # SUB2004-00012, VAR2004-0005, VAR2004-00085) of the primary request for subdivision approval, the Applicant respectfully requests a Type II Adjustment to the cul-de-sac length and number of units accessing Anna Lane. Fire and emergency access compliance is accomplished by the design of the private street intersections, such that they satisfy turnaround requirements of Tualatin Valley Fire & Rescue, through coordination with Deputy Fire Marshal Eric McMullen. Section 18.810.030 Streets L. Cul-de-sacs. A cul-de-sac shall be no more than 200 feet long shall not provide access t.o greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: 1. All culs-de-sac shall terminate with a turnar•ound. Use of tui•naroaind configurations other than circular, shall be approved by the Ciry Engineer; and ' Gabriel Woods Cul-de-sac Adjustment Request Westlake No. 1741-01 5 April 1, 2005 { ` Westlake Consultants, Inc. • • ' . 2. The length of the cul-de-sac shall be measured from the centerline intersection point of the two streets to the radius point of the bulb. , 3. If a cul-de-sac is more than 300 feet long, a lighted direct pathlvay to an adjacent street may be required to beprovided and dedicated to the City. ! Response: Access to the site will be from a system of a public street and two private streets. The . . . 'public-street, Anna Lane, will enfer the site easferly'from SW Barrows Road . and terminate in a ' cul-de-sac. Anna Lane serves as the primary access for the development to SW Barrows Road ' and therefore provides service for all. 25 proposed dwellings in the development. Anna Lane measures approximately 300 feet in length. Surrounding development precludes a through connection; therefore Anna Lane is proposed to terminate in a cul-de-sac. Pursuant to Condition ' #9 of the Gabriel Woods Subdivision approval (See Exhibit B- City of Tigard Notice of Final by • the Hearings Officer•), the Applicant respectfully requests a Type II Adjustment to tfie cul-de-sac ' length and number of units accessing Anna Lane. A detailed discussion regarding the requested . adjustment can be found below in Chapter 18.370 of this document. , CHAPTER 18.390 DEC/S/ON-MAK/NG PROCEDURES ~ Section 98.390.020 Description Qf Decision-Making Procedures A. General. All development permit applications shall be decided by using one of the jollowing procedure types. The proceciure rype assigned to each action governs the ' decision-making process for that permit, except to the extent otlzerwise required by applicable state or federal law. The Director shall be responsible for assigning specific procedure types to individual permit or action requests, as requested. Special alternative , decision-making procedures have been developed by the Ciry in accordance with existing I state law, and are codified in Section 18.390.070. B. Types defined. There are four rypes of decision-making procedures, as follows: ' Z. Type II Procedure. Type II procedures apply to quasi judicial permits and actions that J contain some discretionary critei•ia. Type II actions ai•e decided by the Directol• tivitll ~ public notice and an opportunity for a hearing. If any party with standing appeals a j Director's Type II decision, the appeal of such decision will be heard by the Hearings Offccer; Response: Pursuant to Section 18.370.020.C.1 l, adjustments for street improvement requirements (Chapter 18.810) shall be processed by means of a Type II procedure. Section 18.390.040 - Type II Procedure ~ ) A. Preapplication conference. A preapplication conference is required for Type II actions. Preapplication conference reqaiirements and procedures are set forth in section 18.390.080C. ' Gabriel Woods , Cul-de-sac Adjustment Request I Westlake No. 1741-01 6 April 1, 2005 ~ Westlake Consultants, Inc. • • ' . Response: A pre-application conference was held on February 27, 2004 with the City of Tigard ' . staff. The city staff's notes are attached as Exhibit D. This standard is satisfied. B. Application requirements. , 1. Application Forms. Type II applications shall be made on forms provided by the Director as provided by Section 18.390:080 El; - - - - - 2. Submittal Information. The application shall: ' a. Include the information requested on the application form; b. Address.the relevant criteria in sufflcient detail for review and action; c. Be accompanied by the required fee; d. Include two sets of pre-stamped and pre-addressed envelopes for all properry owners of record as specified in Section 18.390. 040C. The records of the Washington County Department ofAssessment and ' Taxation are the official records for determining ownership. The applicant shall demonstrate that the most current assessment records have been used to produce the notice list; ' e. Include an impact study. The impact study shall quantify the effect of the 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 ?.m.F[iCts Of the clevelopment. For each pi[bl1C f[ICillfy SyS1em C111d i)r e Of ' impact, the study shall propose improvements necessary to meet Ciry standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private properry users. ln ' situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically I concur with the dedication reguirements, or provide evidence, which ' supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. I ' Response: The required fonns for this Type II application for an adjustment to the cul-de-sac ~ length and access requirements has been included with this application (See Exhibit C- City of ' Tigard Land Use Perniit Application). This application addresses the applicable requirernents for approval of an adjustment in the City of Tigard Community Development Code. The ~ required fees for subdivision and vanance review have been submitted with this application. ' One set of stamped and addressed envelopes will be submitted at Staff s request. An impact study addressing the effect of the development on public facilities and services has been included ) with this application (See Exhibit E- Impact Study). Furthermore, this adjustment request is the ~ satisfaction of a condition of approval from the already approved Gabriel Woods Subdivision (See E;chibit B- City of Tigard Notice of Final by the Hearings Officer). This standard is ~ satisfied. ~ j , Gabriel Woods Cul-de-sac Adjustment Request ~ Westlake No. 1741-01 7 April 1, 2005 t Westlake Consultants, Inc. • • ' . . . _ . . _ CHAPTER 18.370 VAR/ANCES AND ADJUSTMENTS - ' Section 18.370.020 Adjustments A. Purpose. The purpose of this section is"to: establish two classes of special variances: 1. "Development adjustments " which allotiv modest variation from required development standards with'in proscribed limits._ Because such adjustments are granted using. clear and objective standards, these can be granted by means of a ' Type I procedure, as opposed to the more stringent standards of approval ;and procedure for variances. . 2. "Special adjustments " which are variances from development standards which have their own approval criteria as opposed to the standard approval crr'teria for , variances contained in Section 18.370:020.C. • ' Response: T'he proposal includes plans for a 300-foot long cul-de-sac providing access to 25 lots. This exceeds the limitations on cul-de-sac streets in Tigard Development Code 18.810.020. L. .4djustments for st:Cet improvement reyuireme.^.ts are "SpeCISl 3djL:St1:1eI1±S" pe: ±he ' provisions of this chapter. A detailed discussion regarding the approval c'riteria can be found below. ~ C. Special adjustments. ' I1. Adjustments for street improvement requirements (Cl:apter 18.810). By means of a Type II procedure, as governed by Section 18.390.040, the Director shall approve, approve with conditions, or deny a request for an adjttstment to the , street improvement requirements, based on findings that the following criterion is ~ satisfied.• Strict application of the standards will result in an unacceptably adverse impact on existing development, on the proposed development, or on ' natural features such as wetlands, steep slopes or existing mature trees. In , approving an adjustment to the standards, the Director shall determine that the ' potential adverse impacts exceed the public benefits of strict application of ihe standards. ~ ' Response: Access to the site will be from a system of a public street and two private streets. The public street, Anna Lane, will enter the site easterly from SW Barrows Road and terminate in a ~ cul-de-sac. Although the proposal includes plans for two proposed north-south private streets, City Staff has stated that ultimately all units will have access to SW Anna Lane in order to reach Barrows Road. There are several special circumstances or conditions peculiar to this parcel of land, which affect its usability and development pattern. The following conditions need to be considered when determining an appropriate street design: 1. The Irregular L-shape. The dimensional characteristics of the lot as well as its limited ' size hinder an efficient street design while maintaining minimum size lots. This is due to dimensional requirements as well as street standards. Residences in the northern part of ~ the property can be oriented around a public cul-de-sac street extending east from SW Barrows Road, but access to the southern portion of the property requires the extension of ' Gabriel Woods Cul-de-sac Adjustment Request ~ Westlake No. 1741-01 8 April 1, 2005 . , Westlake Consultants, Inc. • • ' . one or two streets to the south. Furthermore, the east-west dimension of the subject property is such that the cul-de-sac, must exceed the allowed 200-foot length just to reach ' and serve the eastern part of the property. , 2. Surrounding Development. The lot is further constrained because it is surrounded on all sides by existing development ttiat precludes current or future street connectivity. . . . . . . - - . . . _ . _ . _ City Staff has advised the Applicant that an extension of Anna Lane is not feasible due to , the eacisting development and that in such situations, a round, cul-de-sac terininus (rather ;than a hammerhead or other turnaround structure) is required for all public streets. . In response to these conditions, the Applicant's site plan has these features: • Design for the L-shaped infill lot: The design is driven by access from Barrows Road, . ' which brings in an east-west road, Anna Lane. To allow for development in the southern portion of the site, the most efficient street structure is a system of parallel north-south prvate streets: Both st:eets r.ave beea stubbed to the ncrth property line of proposed lots ' 20 and 25, located in the southwestern and southeastem comers of the site, respectively. Because of the City of Tigard requirements to terminate a non-thru street in a cul-de-sac, Anna Lane has been designed as a cul-de-sac. Access from SW Barrows Road to lots in ' the southern portion of the property is technically by means oi a cui-de-sac thereby adding to the total number of lots served by the cul-de-sac. ' • Surrounding Development: Existing development precludes future extension of Anna , Lane. In response to this existing condition and pursuant to City of Tigard requirements,. ~ Anna Lane is designed to terminate in a reduced size cul-de-sac bulb. ' Strict aPPlication of the standard to limit the cul-de-sac to 200 feet and limit the number of units ~ to be served by Anna Lane to 20 would preclude access to the eastern and southern portions of , the site, and would result in a development substantially below density requirements. Anna Lane ~ could have been stubbed to the east property line; however, redevelopment of the adjacent property is unlikely as it is currently at or near.maximum density. These factors are special ' circumstances or conditions under which the strict application of the standard would result in an ~ adverse impact that exceeds the public benefits of strict application. The Applicant respectfully ' submits this application for an adjustment to the street improvement requirements to allow for a 300-foot cul-de=sac providing primary access to 25-lots. T'his request is entirely consistent with, ~ and essential for implementation of, the approved Gabnel Woods Subdivision (City of Tigard Case file # SUB2004-00012, VAR2004-0005, VAR2004-00085). CLAR/F/CATION TO THE LANDSCAPE PLAN ' In rendering a decision approving the Gabriel Woods Subdivision, the hearings officer amended Condition #3 to require the wall component of the landscape screens along the southern property ~ boundary to be six feet tall as measured from the grade of the abutting property. Testimony ' indicated that the abutting parcels were up to 3 feet higher than the subject property and had six- foot fences along the property line. The attached plan (Exhibit F- Sheet C600 - Landscape & ~ Mitigation Plan) shows how the Applicant proposes to comply with Condition #3 in its final, form, with a wood wall and plantings. ' Gabriel Woods Cul-de-sac Adjustment Request ~ Westlake No. 1741-01 9 April 1, 2005 ' Westlake Consultants, Inc. • ~ ' . Section 18.745.050 - Buffering and Screening , A. General provisions.: • _ 1. It is the intent that tl.ese f•equirernents shall provide for privacy and protection and reduce or eliminate tlie adverse impacts of visual or noise pollution at a , development site, without unduly interfering with the view from neighboring properties or jeopardizi'ng the safety of pedestrians and vehicles; 2. Buffering and screening is required to reduce the impacts on adjacent uses ' which are of a different type in accordance with the matrices in'this chapter (Tables 18.745.1 and.18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix; ' ' 3. In lieu of these standards, a detailed buffer area landscaping and screening plan may lie submitted for the Director's approval as an alternative to the bLI fer area lanrlscapinJ and screening standards, provided :t ^ffords :he sa;ne , degree of buffering and screening as required by this code. B. Buffering and screening requirements. • 1. A buffer consists of an area within a required setback adjacent to a property , line ana' iiaving a depth equai io ihe amount specified in the buffering and screening matrix and containing a length equal to the length of the properry line of the abutting use or uses; ' 2. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall . be allowed in a buffer area except where an accessway has been approved by , the City; I 3. A fence, hedge or wall, or any combination of such elements, which are located in any yard is subject to the conditions and requirements of Sections 18.745.050.B.8 and 18.745.050.D; 4. The minimum improvements within a.buffer area shall consist of conzbinations ' for landscaping and screening as specified in Table 18. 745.1. In addition, improvements shall meet the following specifications: } a. At least one row of trees shall be planted. They shall have a minimum caliper of two inches at four feet, in height above grade for deciduous trees and a minimum height of five feet high for evergreen trees at the time of - planting. Spacing for trees shall be as follows: (1) Small or narrow-stature trees, under 25 feet tall or less than 16feet wide at maturiry shall be spaced no fui•ther than 1 S feet apart; (2) Medium-sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide branching at maturity shall be spaced no gi•eater than 30 feet apart; , (3) Large trees, over 40 feet tall and with more than 35 feet wide branching at maturiry, shall be spaced no greater than 30 feet apart. b. In addition, at least 10 five-gallon shrubs or 20 one-gallon shrzibs shall be . planted for each 1, 000 square feet of requii-ed ba ffer area; c. The remaining area shall be planted in lawn or other living ground cover. ' Gabriel Woods Cul-de-sac Adjustment Request I Westlake No. 1741-01 10 April 1, 2005 , Westlake Consultants, Inc. ~ • _ ' " . . . . . . . . . . . - - , S. Where screening is required the following standards shall apply in addition to ' ' those required for buffering: . . - . , a. A hedge of narrow or broad leaf evergreen slu-ubs shall be planted which ' will form a fourfoot continuous screen of the height specified in Table " , 18.745.2 within hvo years ofplanting; or . . b. An earthen berm planted with evergreen plant materials shall be provided which will form a continuous screen of the height specified in Table ' 18. 745.2 within two years. The unplanted portion of the berin shall be planted in lawn or other living ground cover; or , c. A fence or wall of the height specified in Table 18. 745.2 shall be constructed to provide a continuous sight obscuring screen. - , 6. BufJ'ering and screening provisions shall be superseded by the vision • clearance requirements as set forth in Chapter 18. 795; ' ' 7. When the use .to be screened is downhill from the adjoining zone or use, the . ; prescribed heights of required fences, walls, or landscape screening shall be rneas:tred fram the arlcral grade of the adjoinina prnpert~,. In .*his case, , fences and walls may exceed the permitted siz foot height at the discretion , of the director as a condition of approvaL When the grades are so steep so as to make the installation oJwalls, fences or landscaping to the required , heigl:t impractical, a detailed landscape/screening plan shall be submitted for approval; 8. Fences and walls ' a. Fences and walls shall be constructed of any materials commonly used ~ in the construction of fences and walls such as wood, stone, rock or brick, or otherwise acceptable by the Director; ' b. Such fence or wall construction shall be in compliance with other City ~ regulations; c. Walls shall be a minimum of six inches thick; and d. Chain link fences with slats shall qualify for screening. However, chain link fences without slats shall require the planting of a continuous evergi-een hedge to be considered screening. 9. Hedges a. An evergreen hedge or other dense evergreen landscaping may satisfy a ' requirement for a sight-obscuring fence where required subject to the height requirement in Sections 18.745.050.C.2.a and 18.745.050.C.2.b; b. Such hedge or other dense landscaping shall be propei•ly maintained and shall be replaced with another hedge, other dense evergreen landscaping, or a fence when it ceases to serve the purpose of obscuring view; and , c. No hedge shall be grown or maintained at a lieight greater- than that ~ permitted by these regulations for a fence or wall in a vision clearance area as set forth in Chapter 18.795. 1 C. Setbacks for fences or lvalls. ~ 1. No fence or wall shall be constructed which ezceeds the standards in Section 18.745.050. C.2 except when the approval authority, as a condition ~ of approval, allows that a fence or wall be constructed to a height greater , than otherwise permitted to mitigate against potential adverse effects; ~ . ' Gabriel Woods Cul-de-sac Adjustment Request ~ Westlake No. 1741-01 11 April 1, 2005 , . . . . _ . . . Westlake Consultants, Inc. • ' 2. Fences or walls:, a. May not, exceed three feet in heiglit in a required front yard along local _ ' streets or eight feet in all other locations and, in all other cases, shall meet vision clearance area requirements in Chapter 18.795; b. Are permitted up to six feet in height in front yards adjacent to any , designated arterial or collector street. For any fence over three feet. in . ' height in .the required front yard area . , permission shall . be su ~ bject - to administrative review of the location of the fence or wall. ' 3. All fences or walls shall meet vision clearance area. requirements in Chapter . 18.795; - , , . , 4. All fences or walls greater than six feet in height shall be subject to building , permit approvaL ' D. Height restrictions. 1. The prescribed heights of required fences, walls or landscaping shall be . measured from the actual adjoining level of finished grade, except that wlzere par,king, loading, storaJe or similar areas are loca!ed abovefir.ish.ed grade, ' the height offences, walls or landscaping required to screen such areas or space shall be measured from the level of such improvements; 2. An earthen berm and fence or wall combination shall not exceed the six foot , height limitation for screening. ~ F. Buffer Matrix. ' 1. 7'he Buffer Matrices contained in Tables 18. 745.1 and 18. 745.2 shall be used in calculating widths of buffering/screening and required improvements to be installed between proposed uses and abutting uses or Zoning districts; . 2. An application for a variance to the standards required in Tables 18. 745.1 and 18.745.2, shall be processed as a Type II procedure, as regulated by Section 18.390.040, using appr•oval criteria in Section 18.370.010. (Ord. 02- ' 33) I Response: The proposed 25-lot subdivision is for construction of new single-family attached ' homes. The subject property abuts the Pebble Creek 3 Subdivision, which contains single-family ~ detached homes. According to Table 18.745.1, Buffer Matrix, and the corresponding Buffer Combinations for Landscaping and Screening, Table 18.745.2 (see below), the proposal is required to comply with Buffer Combination C. The developer will comply with Buffer Combination C3, which requires a 6-foot-wide buffer containing trees planted between 15 and 30 , feet apart, shrubs, and a 6-foot tall wall. The Applicant is proposing a 9-foot tall wooden wall to match the height of the existing 6-foot tall fence on the adjacent property to the south, as the J abutting property is approximately 3 feet higher than the subject property. This is in response to ' Condition #3 of the Notice of Final by the Hearings Officer on February 28, 2005. A detailed buffer area landscaping and screening plan, including a section drawing of the proposed fence ) has been attached as Exhibit F- Sheet C600 - Landscape & Mitigation Plan. ' . l . ' . ' Gabriel Woods Cul-de-sac Adjustment Request ~ Westlake No. 1741-01 12 April 1, 2005 , Westlake Consultants, Inc. ' . . . T1HLL 11"a51 ' - lC71I[lL17R1[ _ •Frsp;+p "Se E.4krtlueti- '.wmais4OloyL ,hcretr4 td. Ct.ewmsut i:aqltaahd 14vJ :,.plc Henr . Ds!!aQ ' tNA rd ' tbdyt(hb " uM " Sc~n(C.t`+ ('.a4+eerttd' Lha ~e.Lr' +tal 6d~! 451) S~ A6e:tdwa+raQ Mi(4Roih'. W cli.ta. .'+Mn4L^7,1' £sPUY•°+wm Icno 4-0 y.►io Gnin I.SU=4 tWltltawiW,. CAD) m~t (SP.1j tlli'i :38 _ Rm'r.fn, u . DeyE*t 9iryie Uwb, Hrriravd Uaa A C C p C ` E f C 0 .ASOdrd9eI VtlbmSA4Jti6mF, A c-'n C C .8 i C D LS E:a~.?:Nkpe Amrhd9eykPnn+MM{hiGmih. A A. - C O C. 2: E 3 c 0 MiA9Y titw.t Nkb A A n C C & T C ii Co.-wc&dLuw(OQ03,Q,r881 C C C C 11 .A D D :ieyhlwhadCwme64 TrwrtL"7) C C C i' A - .NiynliLeEtySbfumYFwe(16.R) C C C C A. 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' . 1 ' ' Gabriel Woods Cul-de-sac Adjustment Request WestlakeNo. 1741-01 13 April l, 2005 1 ~ . ~ ~ ' , EXhib1t A ~ Preliminary Plans ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ' - J4.. . . 0 ' - - - • ~ . Ril.. ' ` - _ . • ~ ~ . ~q Y ~ ~ . " • Exis~nr~ FLow To o : 'tuc Lor 1200, MAP 1s, 33cA . ~ ADJACEb T PROPERTY ~ ~ _ - - e tXISTING CURB L1NE > a O i 't9 ~ ~6 / ~ • ` \ \ 1 / ~ ~ ~y I~ ~ - . _ 0 ' • ~ ~f~ ~ ~ '1 ~9~ ~ ~ u m , ~ ~ 1 7j~~p r. ; . Q~ Z o STORAGE I . 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PRELIMINARY DRAWINGS - 10/11/04 ^I _ 1 M ■ _ ~ ~ I , ; ~ I , ~ \W, 1 t I ~ b4~ ~ • ~ . .Cn, C . * ~ • 4~' S/OFWAtk ~ ~ lk*% r. ~ 1 ~ C A~~`~ \ ~ bw , ~ f ~ ~ • i~ l. • ~ j • , . ,fi~..~ ' i - - ~ ~ ~ \ \ ~ = ►m j , ` ~ ~ r , 7 .y ~g~ SLWE-1.1% ~ i AaHE.SLOPE,_, ~ ~ ~ ..T....~,., . ' : , ~ • ' l.fX . ~ i ~e~ ~ '~1 r ~ I _._.I~.r. I ~ I i I r---- ; ~ ,f . i , ~ i~ , i ~ u -n-- , \ ~ , a. H fo ~ , . 1.__ ~ ' o ~ ` ~ ta~ ~ , ~ ` u . . , . . . . . . f ~ . r'"" _~L ' . I "_,......__.~~L=~"_'___..,._ - ~ • I ~ , ~ ~f^... . . - r- . . T- --7-~ ~ ► ~ ~~J $ ~ ~ 1 ` ~ ~ - , , , SlOP .7.ox _ ~ ~ .O` ~ / t3 ~ ' . ~s . $ . . ~ Z , o ~ ' t 4tt'~ 0; Y Y i I ~ ~ rr~ ~ ~ ~ ~ ~ ~ ~ r~'~ E ► p ~ p ~ , ~ -~o . > W O ODS~ wEST~ B R I E_ \J . L y~ RCNSIf7NS _ ~6~~ ~ ~ A `II COMQULL.N'f6.d . C i TY OF T I GARD, WASH I NGTO N C O U N T Y, O G O N ~ ~ ~ ~~'B~P1r.o,r. ~w .u k881r 8tY-8f8) ~ r~ GRAD 1 NG PL A N 4 - 0 R , i~ ~ I O E%WRCS: 0E !0 ` `rl ° O DESGRIP7IION at: er. ~ ~ _ DAIE , w.~~ e+ PREUMINARY DRAWINGS - 10 j11 04 . - i ~ , . ~ , . 4 , ~v ,P~ . ♦ 'r • ~ Q 1 f ~ • ~ ➢ t i ~ ♦ ~ . ; a N ~ ^ ~11 ,1 %40 ~ 1 \ • ~ w ~ ~ ~ ~9 r,~ : ► . ' ~ ~ a~ ' . ~ 1f ~ ) , ~ ~~i~j ~ `4 ~ . ~ • ~ CIV ~ ~ . . . ~ ~ ~ ~ ` - , , Jt' I ~ : r`--•~\~ • , r ~\\..`'``1 . ~ t o ~ ' , , ~ r , "1 . ~ I!' • ~ ~ ~ ~ . . ~ . ~ ~ ~ ~ g ~ ° , ; : : J.%' ~ ~ r~ ~ ; ~ ~ ~ 't ~ ~ ' ' ~ tt~. ° ~ . f * ~ ~ > ~ ; . - • I , ~ ~ . ~ ~ P ; t ' . ► 1 ~ a ~ ~ p S o 1 ~ ~G t i I I~ . . ' • ~ ~ ~ ` ~ _.l._..____.~______----~-- ' • ~ao P G . ,~.,,,~„y+•4+"'~V P ~ ~ - -+1 • . ~ - ""'~--p~IEAUNf ~ ~ . _.,,J ~ t ~ 6 ~ ~..,~.,.~~r!~!ti".' ± L_ . 9 . . ' Y.J ^ ; ~ j . . . ~ . ~ I ~ _ .._._.l~ ~ ._._l_...._-----•----~. ' ' . l._._.. ~ . 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SWxMV ?Oie B 1-S 0'G 1 / oo i W r • • ~ ~ ~ . ~ . i 1 ~ Exhibit B ~ CitY of Tigard Notice of Final bY the Hearings Officer ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ . 120LOAYS = 3/14/2005 /lncludes a 118-dav extensionl ciTVOFTioaRo ~ATE OF FILING: 2/28/2005 ~ ~ Commuaity~Development ~ "t00v Shaping A Better Community CITY OF TIGA~r~~corlsuu~wu~s, ' `GUasFzington Cuunty, Oregon NOTICE OF FINAL BY "THE HEARINGS OFFICER , rile Numbers_ SUBDIVISiGN SUS 2004-00012 . - "ADJUSTMENT AR 2004-00055 . ADJUSTMENT AR 2004-00085 ' File Name: APPEAL OF GABRIEL WOODS SUBDIVISION Name of Owner: Evel n M. Karis TR , Name of Applicant: Windfall Desi n and Construction Inc. Attn: Barry Sandhorst Address of Applicant: 23281 SW Boske Dell Lane West Linn OR 97068 Address of Property: 13900 SW Barrows Road - Ti ard OR 97224 , • 11 Tax Ma /Lot Nos.: Washin ton Coun Tax Assessors Ma No. 1 S133CA; Tax Lot 2100. , A FINAL ORDER INfORPORATING THE FACTS, FINDINGS AND tONClUSIONS APPROYING A REQUEST fOR A SUBDIVISION AND TWO ADJUAMENTS. THE CITY OF TIGARD HEARINGS OFFIfER HAS REVIEWED THE APPLIfANTS PLANS, NARRATI4E, MATERIALS, (OMMENTS OF REVIEWING AGENCIES, TNE PIANNING DIVISION'S AAFF REPORT AND RECOMMENDATIONS FOR THE APPUfATION DESCRIBED IN FURTHER DETAII IN THE AAFF REPORT. THE HEARINGS OFFICER HELD A PUBU( HEARING ON FEBRUARY.14. 2005 T0 RECEIVE TESTIMONY REGAADING THIS APPLIfATION. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS ' AND tONClUSIONS CONTAINED WITHIN THIS fINAI ORDER Item on , Appeal: ➢ On December 7, 2004 the . Director issued a decision to approve a request for a 25-lot single-family attached home Subdivision on approximately 1.92 acres, an Adjustment fo reduce the minimum density from 31 to 25 units, and an Adjustment to reduce the street spacing along a ' collector from 200 to 50 feet. On December 20, 2004 an appeal was filed concerning the close proximity of the proposed single-family homes to the rear yards of the neighboring properties to the south. The appellant is also appealing the City's interpretation of the Community Development Code ' regarding yard location. At the close of the record, the Hearings Officer denied the appeal and affirmed the original Director's decision with minor modifications. ' ZONE: R-25: Medium High-Density Residential District. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapters 18.370, 18.510, 18.745, and 18.810. Action: ➢ ❑ Approval as Requested 0 Approval with Conditions ❑ Denial ' Notice: Notice was published in the newspaper and mailed to: ' 0 Owners of Record Within the Required Distance 9. Affected Government Agencies Z The Affected Citizen Involvement Team Facilitator O The Applicants and Owners Final Decision: x_ tTHtS~tS TH~j wL.DEC0OK QF;THE.CITT~ Y?AND BECOMES;EFFE~F~ I~yE ' The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A. review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board ' of Appeals (LUBA) according to their procedures within 21 days. Questions: If you have any questions, please call the City of Tigard Planning Division at 503-639-4171. ' ' ' • ~ BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON ' Re,garding an appeal of an administrative decision ) F I N A L O R D E R approving an application for a 25-lot subdivision and SUB2004-00012, VAR2004- adjustments on a 1.92 acre parcel in the R-25 zone at ) 00055 & VAR2004-00085 , 13900 SW Barrows Road in the City of Tigard, Oregon ) (Gabriel Woods) - 4 A. SUMIVIARY . . . - ~i ' :1. The.applicant,-Windfall Design and Construction, -Inc'.','• requests approval of a preliminary plan for a, 25-lot. subdiyision of a 1.92-acre parcel located at 13900 S W Barrows Road; also known as Tax Lot 2100, WCTM 1S133CA (the "site").,,The.site and , sunounding properties are'zoned R-25 (Medium High Density Residential). Surrounding roperties aze develo ed with multi-fanuly units to the north and east, single-family homes o the south and a Venzon switching facility to the west The applicanf proposes to remove an exisdng dwelling and outbuilding ftom the site and to d'evelop each of the 20 new lots , with a single-family attached dwelling. The applicant will extend a new public street, proposed SW Anna Lane;~into the site from SRTBarrows Road, terminating in a cul-de-sac neaz the east'boundaryof_the site. The ap licant will extend new private •streets along the east and west boundanes -of the site,-souof Anna Lane. The applicant will also dedicate ~ right of way and. construct frontage improvements along the site's SW Barrows Road frontage. The applicant proposes to colYect storm water from imperious areas of the site and convey it to a stormwater facihty in the northeast corner of the site for treatment, detention ' and discharge to the exisring storm sewer in Barrows Road. All proposed lots will be served by public-water and sanitary sewer systems. The applicant also requests approval of two Adjustments: to reduce the street spacmg along a collector from 200 to 50 feet and to reduce ' the rcunimum density from 31 units to 25 umts due to the irregular lot size, surrounding development and existing trees. 2. On December 7, 2004, the Tigard Planning Manager (the "manager") issued a ' Type II decision approving the application subject to conditions of approval. On December 16, 2004, the City received an appeal of the Director's decision on behalf of Kenneth F. MacDonald and the Pebblecreek Homeowners Association (the "appellants"). The appeal , alleged that the applicant and the City "manipulated the Code" to allow a 6-foot side yard setback on the south boundary of the site, which will have a significant adverse impact on existing homes within the abutting Pebblecreek subdivision. ~ 3. On February 14, 2005, Tigard Land Use Hearings Officer Joe Turner (the "hearings officer") conducted a duly noriced public hearing to consider the appeal. City staff recommended the hearings officer deny the appeal and affirm the manager's decision. ' See the Memorandum to the Hearings Officer dated January 28, 2005 (the "Memorandum"). Representatives of the applicant testified in support of the applicarion. Three persons testified in support of the appeal. The principal issues in the appeal include ' the following: a. Whether the applicant can reduce the development density on the site to increase the setback between the site and abutting homes to the south; ' b. Whether the proposed development complies with the dimensional requirements of the R-25 zone; ' c. Whether the proposed buffer along the south boundary of the site complies with the requirements of TMC 18.745.030; r ~ . . . y 1 I ' d. Whether the applicant is required to modify the tentative plan to reduce ~ the impact of the development on adjacent residents; . -e. Whether the proposed development will impact the existing fence on the south- boundary of the site and whether such- impacts- are relevant to the applicable Code--°` criteria; and _ --f. Whether the proposed development complies with the off-street parking. requirements of TMC 18.765. _t -':_-4: -Based-on the-findings and conclusioris-contained fierein and the testimony and evidence in the public record, the hearings officer denies the appeals and affirms the. . administrative decision conditionally approving the application.with certain modifications for the reasons'provided herein. B. HEARING AND RECORD HIGHLIGHTS . 1. The hearings officer~received testimony at the public hearing about this . , application on;February 14, 2005. All exlubits and:records of testimony aie filed with the . Tigar'd Departinent of Community Development At the beginning of the hearing, the hearings officermade the declaration required by ORS 197:761.The hearings officer , disclaimed any ex pane contacts, bias or conflicts of interest The following is a summary by the hearings officer of selected testimony and evidence offered at the hearing. 2. City- pl`anner Matt Scheidegger summarized the appeal and his January 28, 2005 ' Memorandum in response to the appeal. 3. Lee Leighton testified on behalf of the applicant. He tesrified that the applicant's ' representatives met with the appellants and tried to arrive at a compromise solution. He testified that the applicant proposed to align the buildings with the side yards facing south to reduce the impact of rear yard balconies facing towards abutting homes and yards. ' a. He testified that the applicant held a neighborhood meeting prior to submitting the application as required by the City. The development plans presented at the ' neighborhood meeting were expressly identified as a work in progress and subject to change. The applicant submitted the same plan to the City. City staff informed the applicant that the plans did not meet the Code reguirements and would be denied. The applicant ~ revised the development design to address staff's concerns. The revised plan approved by the City complies with all applicable approval criteria, as modified by the density adjustment. . b. He noted that the applicant proposed to provide addirional landscaping , along the south boundary of the site to buffer the adjacent subdivision and soften the visual impact of the proposed structures. He mendoned Leland Cyprus as an example of the type ~ of tall columnar evergreen tree the applicant intends to plant in the buffer area. The applicant's landscape architect will propose specific plant species based on the specific planting conditions including soils, light, hydrology etc. that occur in the buffer area. ' c. He noted that many of the issues raised at the hearing exceed the scope of the appeal, because the issues were not raised during the initial comment period. d. He opined that the Code allows building eaves to project two to three feet , into the setback area. Hearings Officer Final Order ' Appeal of SUB2004-00012, AR2004-00055 & VAR2004-00085(Gabriel Woods) Page 2 , ' 1' , I • • r e. He testified that the proposed development will not impact the existing ' fence on the south boundary, of the site. The 'applicant will construct `the required masonry Fvall behind the fence. The wall will support and str:,ngthen the fence. . i. He argued that the wall is unnecessary and could be replaced with , denser landscaping. The top of the wall will be roughly three feet below the top of the fence, due to the'elevation difference between the site and the abutting properties. He requested the hearings officer allow the applicant to replace the wall with additional landscaping if the ' Code allc;vs. _ _ : , _ . . ;~:r, . . . . . ~ . f. He argued that Mr. Goodrich's plan to shift the development to the north . would reduce the size of many of the proposed lots below the minimum dimensions allowed ' by the Code. The City would be unlikely to approve a• variance to allow smaller lots, because the current development plan demonstrates that it is feasible to comply with the Code. , g. He testified that the building envelopes shown on the plans are the maximum potential building envelopes. The actual buildings may be smaller. Garages will be designed to provide a 20-foot setback as required by the Code. The applicant can ' cantilever the upper story over the garage if necessary. : _ , - . 4..Harolcl Carpenter noted that the applicant's original plans proposed a 20-foot setback along the south boundary of the site, abutting the Pebblecreek subdivision. The , plans approved by the City provide a 6-foot setback. The reduced setback will have a significant impact on abutting homes. The Leland Cyprus trees the applicant proposed to plant within the setback area will not survive in the wet soil condition.that will occur in that ' area. He.questioned whether and to what extent building roof eaves may extend into the setback:; He noted tliat theie is an existing fence located on the common boundary between the site and the Pebblecreek development. However the site is lower than the adjacent lots in ' Pebblecreek. Grading on the site may undermine the supporting posts and cause the fence to fall. 5. Ken MacDonald questioned whether the applicant has a right to remove the , existing fence on the boundary between the site and the Pebblecreek development. The fence supports landscaping, lights and other amenities on his property. He questioned how the City measures the height of the required six-foot wall. Given the elevarion difference ' between the site and the Pebblecreek development, a six-foot wall on the site will appear as a three-foot wall on his property south of the site. . a. He argued that the applicant should have provided a revised plan that ' inc(uded all of the changes required by the City in order to facilitate the public's review of the development. ~ 6. City Planning Manager Dick Bewersdorff testified that the applicant is required to construct a wall along the south boundary of the site. The applicant can build the wall behind the existing fence, leaving the fence in place. He noted that the alternative plan , proposed by Mr. Goodrich does not provide adequate setbacks between the garage door and the street. Vehicles parked in the driveways would hang over the sidewalk in violation of the Code. , 7. Architect and neighboring resident Dan Goodrich argued that the applicant could modify the proposed development to reduce its impact on residents of the Pebblecreek development. The applicant could shift the development towards the north to provide a ' Hearings Offreer Final Order , . Appeal of SUB2004-00012, AR2004-00055 & VAR2004-00085(Gabriel Woods) Page 3 ' . i I • , , ' greater setback along the south boundary of the site. He submitted an alternative plan for the ' site. He argued that the applicant"should be sensitive" to the neighbors. : _ . , . :_.i . . - . a. He opined that the spread footings for the buiiding and wail foundations ' will leave a two-foot wide planting area alorig the south boundary of the site, which is inadequate to support the proposed Leland Cyprus trees. . ----b: He testified that there is-a ioughly3=foot grade difference between the site ' and the Pebblecreek development : . _ . • • . • _ 8. At the end of the hearing; the hearings officer closed the public record, and ' announced his intention to deny the appeal and affirm the manager's decision. - , C. DISCUSSION , . . . . t . ~ . . . , . . . . 1. TDC 18.390.040.G authorizes the, hearings officer to hear appeals of Type II decisions, such as the city's decision'conditionally approving the subdivision application. ' TDC 18.390.040.G.2.b provides that appeals: ' . . . . . . . . _y_ ~ . _ - - . [S]hall'be limited to the specific issues raised during the written comment period, as provided under Section 18.390.040.C, unless the Hearings ' Officer, at his or her discretion, allows additional evidence or testimony conceming any other relevant issue. The Hearings Officer may allow such . additional evidence if he or she deternunes that such evidence is necessary to ' resolve the case. The intent of tliis requirement is to limit the scope of Type II Administrative Appeals by encouraging persons with standing to submit their specific concems in writing during the comment period. The writterl ' comments received during the comment period will usually limit the scope of issues on appeal. Only in extraordinary circumstances should new issues be considered by the Hearings Officer on appeal of a Type II Administrative Decision. 2. The hearings officer finds that the!proposed development complies with the setback, building height and other requirements of the zoning district. ' a. The site is zoned R-25 (Medium Density Residential), which requires a minimum densiry of 31 dwelling units on this 1.92-acre site. The applicant requested and ' the City approved an adjustment to reduce the density to 25 units due to the irregular lot size, sunounding development and exisringitrees pursuant to TMC 18.370.020.C.2. Absent the adjustrnent the appticant would be required to develop the site with at least 31 dwelling units, which would likely require multi-family (apartment) units. The applicant could not ' provide 31 single family attached homes on'this site. i. The applicant cannot reduce the number of dwelling units on the , site. The applicant must demonstrate that the adjusted development provides "[tJhe maximum number of residential units...while complying with all applicable development standards of the underlying zone." TMC 18; 370.020.C.2(c). The proposed tentative plan, ' as modified, demonstrates that it is feasible fo develop the site with 25 dwelling units while maintaining compliance with the setback requirements of the R-25 zone. Therefore the applicant cannot eliminate additional lots in ~order to increase the setback along the south boundary of the site without violaring TMC,18.370.020.C.2(c). , ; Hearings Officer Final Order Appeal of SUB2004-00012, AR2004-00055 & VAR2004-00085(Gabriel Woods) Page 4 ~ I , . , , ~ . • - . , . b. The R-25 zone requires a minimum five-foot side yard setback and a minimum 15-foot rear yard setback. See TMC Table 18.510.2. As originally proposed by the applicant the private streets abutted the riorthern boundaries of proposed lots 20 and 25. ' Thererore the south boundaries of these lots constituted the "rear lot line" as defined by the Code.l The applicant was required`to piovide a 1546ot setback from the south (rear) boundary of these lots. However by extending. the private streets 15 feet further south as ' required by condition of approval 1, the east and west boundaries of these lots become the "front"'property line and the south boundary becomes the "side" bounday; requiring a minimum 5-foot setback from the south boundary of these lots. This modificabon is ' necessa,ry to maintain the maximum number of dwellings oq the site as: required, by TMC . : - . : - - - - : 18.370.020.C.2(c). i. The applicant and staff did not "manipulate" the Code. The ' hearings officer f;nds that the applicant is required to*ma.e this minor modification to tlie tentative plan in order to comply with the density requirements of TMC 18.370.020:C.2(c): The applicant cannot provide a.15-foot setback from the south boundary of the site without ' reducing the development density in violation of TMC 18.370.020.C.2(c). -LL ii..Setback requirements are measured from the building wa11.2 ' "Cornices, eaves, belt. courses, sills, canopies or similar architectural features..." may extend into up to 36-inches into the proposed six-foot side yard setback. TMC 18.730.050.D.1.3 ' c. The applicant proposed to provide a Type C-3 buffer along the south boundary of the site, between the proposed development and the existing single-family residences. This is consistent with the requirements of Table 18.745.1. A Type C-3 buffer ' consists of a six-foot wide landscaped buffer and a six-foot high wall. Table 18.745.2. The applicant must increase the side yard setback to six feet in order to accommodate the required buffer. ' i. The applicant is required to plant the buffer with trees spaced between 15 and 30 feet ap'art and a minimum 10 five-gallon shrubs or 20 one-gallon shrubs , per 1,000 square feet of buffer area. TMC 18.745.050.B.4. The applicant is required to install or bond the landscaping prior to occupancy approval. TMC 18.745.030.D. ii. The applicant did not propose to plant the buffer with specific , plant species. Condition of approval3 requires that the applicant provide a planting plan prior to commencing any onsite construction. The applicant is required to provide for the ongoing maintenance of all required landscaping on the site. TMC 18.745.030.A. Therefore ' ' i TMC 18.120.030.A.89.o defines "rear lot line" as "The recorded lot line or lines most distant from and generally opposite the front lot line..." TMC 18.120.030.A.89.d defines "front lot line" as "[A] property line which abuts the street..." 2 TMC 18.120.030.A 125.provides: ' "Setback" (front, rear, side, street and garage entrance) - the minimum allowable horizontal distance from a given point or line of reference, which shall be the property line unless otherwise stated to the nearest vertical wall of a building or structure, fence or other elements as defined by this title. 1 3 TMC 18.730.050.D.1 provides: Cornices, eaves, belt courses, sills, canopies or similar architectural features may extend or project into a required yard not more than 36 inches provided the width of such yard is not reduced to less [han three ' feet. Hearings Officer Fina1 Order Appeal of SUB2004-00012, AR2004-00055 & VAR2004-00085(Gabriel Woods) Page S ' , l ~ i • ~ I . it is in the applicant's best interest to select and plant landscaping that can survive m the ' specific conditions that exist within the buffer azea. . . - . . . . ; . . . . iii. As discussed at the hearing, the site is downhill from the abutting ' single-family residences to the south. Theiefore TMC 18.745.050.B.7 requires that the applicant provide a six-foot high wall measured from the actual grade of the adjoining . PrOperty'4 ' ` ~ - - - ~ (A) The hearings officer finds that this provision is • ambiguous. The first part of the provision is~ mandatory.s "[T]he prescribed height..,shall , be measured from the actual grade of the adjoining property..." The second part is permissive. .The height "may exceed the permitted six foot height at the discretion of the ' director as a condition of approval." The rules of stafutory construction provide that - ' mandatory provisions prevaiI over permissive provisions. Therefore,the hearings officer finds that the applicaiit is required to'provide a six-foot high wall, measuied from the adjacent (uphill) property. Condition of approval3 should be modified to ttiat effect. (B) The appellants did not raise this issue during the initial ' comment period. However the hearings officer finds that the appellants cannot be required to point out all Code obligations in order to preserve their right to raise the issue on appeal. ' .n Failure to require.~compIiance with the'plain.meaning of the Code in this case would be ultra vires (beyond the Ciry's authority). Therefore the hearings officer finds that the appellants must be allowed to raise the issue on appeal in order "[t]o resolve the case." TDC , 18.390.040.G.2. b. : . ; . . iv. The applicant argued ttiat a wall should not be required, because it wili be entirely screened by the existing six=foot high fence on the abutting property. TMC ' 18.745.050.A.3 authorizes the applicant to yary from the specific screening standards of the Code if the applicant provides a detailed buffer area landscaping and screening plan that "[a]ffords the same degree of buffering and screening as required by this code." In this ' case the hearings officer finds that it is not feasible to provide landscaping within the proposed six-foot wide setback that affords: the same degree of buffering and screening as the required six-inch thick, six-foot high wall. Therefore the applicant should be required to ' provide a wall. d. The hearings officer finds that it is feasible for the applicant to comply with the minimum 20-foot garage setback requirement of TMC Table 18.510.2. The ' applicant can alter the building designs as necessary to accommodate the unique constraints of individual lots. The City can ensure compliance with this and other setback requirements through the building pernut review process ~on individual lots. ' ~ 4 i ' TMC 18.745.050.B.7 provides: When the use to be screened is downhill from~the adjoining zone or use, the prescribed heights of required fences, walls, or landscape screening shall be measured from the actual grade of the adjoining ' property. In this case, fences and walls may exceed the permitted six foot height at the discretion of the director as a condition of approval. When [he'grades are so steep so as to make the installation of walls, fences or landscaping to the required height impractical, a detailed landscape/screening plan shall be ~ submitted for approval. , 5 TDC 18.120.020.D provides that "the words `shall' and `will' are mandatory and che word `may' is permissive.". ~ Hearings Officer Final Order Appeal of SUB2004-00012, AR2004-00055 & VAR2004-00085(Gabriel Woods) Page 6 I I ' , ' . • • ' e. The proposed three-story buildings clearly comply with the maximum 45- foot height allowed in the R-25 zone. 1 . , . . , . 3. The hearings officer must reyiew the.application as proposed. If the subdivision as proposed complies with the Code, it.must be.approved. Whether other altemative plat . designs would be ".`better" is irreleyant. In addition, the hearings officer finds that the . ' alternative design proposed by IV1r. Goodrich_would not comply with applicable lot size and setback requirements of.the Code. 4. The hearings oficer understands residents' d',spleasurz with the grctivth arour.d ' them; but this growth was foreseeable and is in th'e broader public's interest. This area has been zoned R-25 for several years. As large lots are sold, presumably tliey will be developed. The hearings officer finds that objections to the proposed_setbacks and densi.ty , are not relevant, because the density and dimensions of oroposed lots comply with the comprehensive plan map designation and zoning of the property, as modified by the density adjustment ' a. Even if the subdivision will have an adverse impact on property value and there is no subsfantial evidence to that effect in the record protection of property ' value is not relevant to the applicable State or City standards. The hearings officer must base the decision on the laws of the City-of Tigard and the State of Oregon. 5. The applicant is not required'to create a revised tentative plan showing changes , required by the conditions of the City's approval. This would be inefficient and is not necessary to protect the public interest The applicant is required to incorporate all of the - required changes into the design of the final plat. .The final plat is a public record that can be ' reviewed by interested parties. 6. The applicant is required to demonstrate that the proposed parking lot provides ' adequate vehicle maneuvering area. See condition of approva132. The hearings officer finds that the applicant can comply with the parking requirements of TMC 18.765. Table 18.765.2 requires that the applicant provide one off-street parking space per dwelling unit. The City can ensure compliance with this provision during the building permit review stage ' for each lot. The applicant is not required to provide guest parking on the site. 7. Several persons expressed concern that grading on the site may impact the ' existing fence on the south boundary of the site. However the hearings officer finds that this issue was not raised during the initial comment period and therefore is beyond the scope of the appeal. In addition, the City does not regulate boundary fences. That is a matter of ' property law..In this case the applicant agreed to maintain the existing fence and construct the required wall north of the fence. D. CONCLUSIONS ' Based on the findings adopted and incorporated herein, the hearings officer concludes that the appeal should be denied, because the applicant sustained the burden of ' proof that the proposed subdivision does or will comply with the applicable approval standards of the Tigard Community Development Code, subject to conditions adopted by the manager, and the appellants failed to provide substantial evidence or evidence of equal or ' greater probative value to the contrary and/or failed to persuade the hearings officer that the application violates the applicable approval standards based on such evidence. Therefore the hearings officer should aff'irm the manager's decision. ' Nearings Officer Fina! Order Appeal of SUB2004-00012, AR2004-00055 dc Vr1R2004-00085('Gavriel Woods) Page i 1 . E. DECISION ' In recognifion of the'findings and conclusions contained and incorporated herein, the hearings otficer hereby denies the appeals, affirms the decision of the planning manager ' and approves SUB 2004-00010 (Gabriel W6ods)-subject to ttie conditions of approval in the manager's decision dated December Z, 2004 with the following modifications: , - -1. Condition of approval 3 is herebyamended to read as follows: Tne appiicant, wiil be required to provide and implement a plan ' ~ - `~-=sliowing the pro p- osed ~scieening on the souttiern property- line. 'The wall height shall be measured from the actual grade of the adjoining . property.. . - ~ - ' . . - . . . . . . • , . . I ' DATED tlu 28`b day of February 2005. ' 57 -,e Turner , Q., AICP . ' City of Tigard Land Use Hearings Officer ' ' , ' . 1 ' 1 ' Hearings Officer Fina! Order . ~ Appeal of SUB2004-00012, AR2004-00055 & VAR2004-00085(Gabriel Woods) Page 8 . ' , ' ' . • y r `a ~i4'~,t;~s,'~~l~`,,~, ~y . ~~~'~-~'.+r. _ . ~ .,e'y7M.`a~' ~4'~r.. ' t.i.~ . ~:t~ „i ~.:1~`~{.~, "v ~ d'h,.f' . l• ~ 1. a ,l : x a< 1 t : , , : . ~y ° : • . .F, ~ ; : , . IT: . _ ' - , r : r i~ . ° „3' z:: . .L'r. i . . _ i • r .c:-> y . a t. z.. y.: . 3<k' , i ;+s R * ~t; • _ _ • ' ti : . , . ` cCF.:TIOAR ' . r Q~ .11,, . ~ t, y, ' . . . ' ,u . ',.ws.;_ . v,,. , ~.~~+a3. ' T u~+ hw i S : ~ g > r ~ ~j ~~w- ..-":kr.~~1;~ ..n:t ~c+_~i.a:~t',w~~' . ~t~>.:n •+c'~::w.~.,:.,r,xvLA: ,r~;~ :.,s.., .,s,. ,..t - .L~._ fi«ct^I!~?'.,,{!'p:h„r. .'~`r!'!~ ' . , . L . . . . . . . - -120 DAYS = 111512005 ' (Includes a 58-day extension) ' SECTION I. APPLiCATION SUNINIARY FILE NAME: GABRIEL WOODS SUBDIVISION ' CASE NOS.: Subdivision SUB) ';"SUB2004-00012 Adjustment AR) . VAR2004-00055 Adjustment AR) , . . VAR2004-00085. . . ' REQUEST: The applicant is requesting approval for a 25-1ot single-family attached home subdivision - on approximately 1.92 acres. The appTcant is also requesting approval. for an Adjustment to reduce the street spacing along a collector from 200 - to 50 feet. A second adjustment has been requested to reduce the minimum ' density from 31 units to 25 units due to the irregular lot size, surrounding development and existing trees. The existing smgle-family residence and outbuildings will be removed. ' APPLICANT: : Windfall Design and Construction, Inc. OWNER: Evelyn M. Karl~s TR Attn: Barry Sandhorst 12954 SE 128 Avenue 23281 SW Boskey Dell Lane Clackamas, OR 97015 West Linn, OR 97068 ' APPLICANT'S Westlake Consultants, Inc. AGENT: Attn: Lee Leighton, AICP ' 15115 SW Sequoia Parkway, Suite 150 Tigard, OR 97224 COMPREHENSIVE ' PLAN DESIGNATION: R-25; Medium High-Density Residential. ZONE: R-25; The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a , minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses are permitted outrig ht if lirnited to the ground floor level of multi- family projects and not to exceed" 10% of the ross square footage of the building, and a wide range of civic and inst~utional uses are permitted ' conditionally. , LOCATION: 13900 SW Barrows Road; WCTM 1S133CA, Tax.Lot 2100. , APPLICABLE REVIEW CRITERIA: Community Development Code Cha pters 18.370, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. 1 ' SECTION II. DECISION t'k K lo 5r' c ' • 7~ < •n'k . 'sc^`~1 . F , a. q. . i t ; '`Not~ce~yis-`6e1~b~~.a a,.a xK 1~ ~ k;? t,ti r 4~.~+ ? A.'~.a ^ , a x"' a 'C~ ~ti 'v .;~.c~ti k t• ~ aa.:xr,.,uar,+,ca h. r , M t'A~PRO\%.ESu.tihe Su6;d~vk,s~on,¢and,~~o,AdJustmen~~k,~~,x,~~~ie~,3~~~, ing,s~,and;~,con,cluis,ions ,on;w~.h~cht~ie:.f. ~ " ~ . ' ~de~YS~=gbase~ ,Y ...n".Va t:--rv`'b!`,`.73 i~'..S? <.m.',*,..:'..v..,...~.;}'`~s.; ....s.__s.:'Z..;.?t,&-+ f't",.x.+v:ra.:i'.?, v=.,,.e~. .i~ !a.`-t. e..a?',{. 4.., s..1., C•' ..5.. ' NOTICE OF DECISION ' PAGE 1 OF 36 SU82004-00012-GABRIEL WOODS SUBDIVISION . . i~ - . CONDITIONS OF.APPROVAL , ~QLL'QW1N'G CQNDFTLONS ~S~iA[:~.SPE`_SA~ISFIED RRf0R TQ COMMENG(NG A~IY QNSITE :rMP~tOVE1fA~t~,S,~~Gi~J.D[.NCs Q~l~lt£1~~~',[41~~ ~k~►DfW~G;, EXCWATCON ANDlOR .4L` Tl1/ITIES: u mTito., e anning .epartment , at ew.. .q. eii egger,, ext. o,r rev,iew an ' aPProval: . . . . _ . . . 1. Extend theprivate streets 15 feet in order to consider the eastern and western property lines of ' lots #20 and-#25 as the front yards. - - - ' 2. Provide a reviseCi iT22 pfOicCilGiilf2mGVaUmitigation plan to be icV12bYECi ai~id apprcved ""y ;re City's Forester and a member of the City's Current Planning staff: ; - ,3. The appticant will * be required to provide and implement a plan showing the proposed cC,rccnsnn nn thc cniMitharn nrpna~fiy Ijna. ' ,y . . r. r.,.... 4. The applicant shall submit a final Tree Protection Plan that shows exactly how far the tree protection fencing will be from the face of each protected tree (including those on neighboring properties where construction occurs within the trees' -driplines) that will be impacted by construction activities.within its dripline: The applicant, through their Project Arborist, shall ' justify the close proximify of the construction activities to.the trees. : He shall certify that the activities will not adversely impact the overall and long-terrri health and stability of each tree. Anyconstruction, that occurs'within the neighboring trees' driplines should be ustifed by the ' applicant and approved by the City Forester and neighboring property owner~s). Work may proceed within the driplines only with the approval of the City Forester. 5. The Project Arborist shall submit written reports to the City Forester at least once every two ' weeks as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencmg. If the amount of TFZ was reduced then the Project Arborist shall J'ustify why the fencing was moved, and shall certify that the construction activities to the trees did not ' adversely impact the overall and long-term fiealth and stability of the tree(s). If the reports are not submitted or received by the City Forester at the schedufed intervals, and if it appears the TPZ's or the Tree Protection Plan is not being followed by the contractor, the City can stop ' work on the project until an inspection can be done by the City Forester and the Project Arborist. 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. 6. Only those trees authorized for removal by this decision, and any trees that are exempt may be removed by the applicant. If in the process of constructing improvements, it is found that 1 removal of a tree desi nated for preservation must occur, as dete[mined by the City Forester and Project Arborist, ~he applicant will be subject to an additional Type II approval. Any additional trees other than those mentioned on the removal plan are darnaged or removed without prior City authorization will constitute a violation, subject to ordinance penalties. ' Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: , 7. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this pro'ect to cover street & utility improvements and any other work in the public right-of-way. Eight ~8) sets of detailed public improvement plans shall be submitted for review to ' the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Divisior and shculd only include sheets reelevart to public ;mpreve ments. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Halt and the City's web page (www.ci.tigard.or.us). ' NOTICE OF DECISION • PAGE 2 OF 36 ' SUB2004-00012 -GABRIEL WOODS SUBDIVISION , I • , • . ~ ' 8. The PFI permit plan submittal shali include the exact legal name, address and telephone number of the individual or corporate entity who will b~esignated as the "Permittee", and who will • provide the financial assurance for the public improvements. • For example, specify if the entity is ' a corporation, limited partnership, LLC, etc. Also . specify the state within which the entity is incorporated and provide-the"name of the corporatecontact person. Failure to provide accurate information to the Engineering Department wilf delay processing of project documents. , y. The appiicant snail appiy fior a. i ype il Adjusimeni. io ihe cui-de-sac iength ana number of units accessing Anna Lane. The applicanf must-obtainapprovaf-for_ this adjustrrient prior to the issuance of the PFI permit. ~ 10. The ' ap`iplicant 'shall provide 'a construction vehicle' access antl- parking plan' for'appfovaf by the City Engineer. ~The purpose-of this plan is for ~parking and traffic control dunng the pubhc . improvement construction phase. All construction vehicle parking shall be provided on-site. No ' cGi iSa aiOi i UciL. :..1..., ui cCjui a.. vv:ill u 4...c ~.lCII IlllC •aa_d aw _ NaiK i. Oa~Z 'c~JjOiillll 1 ZSIc:~@a•cil (~UO~~~i•C u .ta j~iTici i~ i i u i~ tl~l streets: ' Construiiuicction vehicles mclude 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.= . ' . . . 11. Any necessary off-site utility permits shau be the responsibility of the applicant to obtain and shall be submitted :to and accepted,by the City prior to issuance of the PFI. - This includes sewer ' connection and extension work in Barrows. Road, which ma y re quire permits from WACO, C i t y of Beaverton and CWS. 12. The applicant's Public Facility Improvement permit construction drawings shall incficate that full ' width street improvements, includmg traffic control devices, mailbox clusfers, concrete sidewalks, driveway ap1rons, curbs, asphaltic concrete pavemerit, sanitary sewers, storm drainage, street trees; streetlights, and underground utilities shall be installed 'within the inferior , subdivision ~ streets. Improvements shall be designed and constructe d to loca l street standards. 13. The applicarit's-PFI permit construction drawings shall include the improvements required to achieve adequate sight distance. The improvements shall reflect the recommend atio n (s) as ' outlined in the letter from Westlake Consultants, dated 10-27-04. 14. The driveways for Lots 1, 2& 3 siiall be located as far east from the intersection of Barrows Road , and Anna Lane as possible. 15. The applicant's PFI permit construction drawings shall include the proposed meandering sidewalk location along the Barrows Road frontage for review and approval. , 16. The appIicanYs PFI permit construction drawings shall indicate the installation of "No Parking" signs afong one side of Anna Lane. ' 17. The PFI. construction drawings shall indicate the cul-de-sac curb as mountable and the sidewalk as reinforced for fire truck loads. ' 18. Prior to issuance of the PFI, the applicant shall provide an approval letter from'TVFD for the reduced size cul-de-sac. 19. The applicant shall obtain a facility permit from the Department of Land Use and Transportation of ' Washington County, to perform work within the right-of-way of Barrows Road. A copy shall be Froded vito the City Engineering Department prior to issuance of a Public Facility Improvement PFI) permit Permit. , 20. No lots shall be permitted to access directly onto Barrows Road. 21. The applicanYs construction drawings shall show that the pavement and rock section for the ' proposed private street(s) shall meet the City's public street standard for a local residential street. 22. The applicant shall provide connection of proposed buildings to the public sanitary sewerage - system. A connection permit is required to connect to the existing public sanitary sewer system. ' NOTICE OF DECISION PAGE 3 OF 36 SU62004-00012 -GABRIEL WOODS SUBDNISION ` • ' 23. Any extension of public water lines shall be shown on the proposed,Public Facility Improvement ' (PFI) permit construction drawings, antl ,shall be _ reviewed. and._approved. by the City's -Water Department, as a part of the Engmeering Department plan review. NOTE: ` An estimated 12% of _.-.the_water system costs must.be on.depositwith, the Water. Department. prior to. approval ofthe PFI ' permit plans from the Engineering Department and construction of public water lines. - 24. The public water line must be terminated'at the pub.lic ROW of Anna Lane. All meters for.lots 16 ' ~~--through 25 shall be banked at the-ROW ofAnna: 4 25. Fina1 design plans and calClilafiGi iS rvi iilc pfu GScCi AI;blIC LVaicf qUafityJdetention` aCiliij/ Si iall bc subrnitted -to the .Engineering Department -i Kim~ ~McMillan). as--a- •part== ofiAhe •Public, -.Facility- - ' : Improvement plans: - Included with. the ~plans: shall be a proposed landsca pe plan to. be approved , Vt City E ngineer. The proosed facility shall be dedicated in a tract to the:City~of Ti~gard on -f ~';c ;mnrn~~cmcnt rn,IM^S Sl:hmi1f414hc MrN~;^.MM+ ehnll e4~ mi1 on .N~2+. .4S 3 r^.8rt Opecations and Maintenance Manuadfor te proposed facility. for ap~roval, by the Maintenance ' Services Director, .::Thefacility shall. be maintained.by the developer for a three-year period from the conditional acceptance-of the public.improvements.-;A written evaluation of the operation and maintenance shall be submitted and approved pnor to acceptance for maintenance by the City. ' O.nce the three-year. maintenance penod 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 mainteriance_`of the facility:" Iri addition, the City will not take over maintenance of the facility unless 80 percent of the landscaping is established and healthy. - If at an'y time , during the maintenance period, the landscaping falls below ihe 80 percent level, the developer shall immediately reinstall all deficient planting at the next appropriate planting opportunity. , . _ , 26. The applicant shall provide a maintenance access road to therfacility and any drainage structures within the facility to accommodate City maintenance vehicles. The access road shall be paved- and have a structural section capable of_accommodating a 50,000-pound vehicle. The paved width shall be a minimum of 10 feet wide, and there shall be finro-foot rock shoulders provided on ' each. side. If the maintenance roadway is over 150 feet in length, a tumaround shall be provided. 27.. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control besign and ' Planning Manual, February 2003 edition., 28. A final grading plan shall be submitted showing the existing and proposed contours. The plan ' shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be ' provided to sufficiently contain'and convey runoff from each lot. 29. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS ' 468.740 and the Federal Clean ater ct. Y THE FOLLOWING C:ONDITIONS SHALL BE SATISFIED, , PRIOR'.TO APPROVAL~ OF. T.HE FIN'AL. PLAT: , : . . . . . . . . , . . . , u mit to t e anning epartment at ew c ei egger, 639-4171, ext. or review an approval: 30. The ownership and maintenance agreement for the proposed private streets will be required to ' be reviewed and approved by Tuala{in Valley Fire and Rescue. 31. The applicant is required to provide one ADA accessible parking stall within the proposed parking ' area. 32. The applicant must prove that the backing movement of vehicles parked in the northern parking stall of the proposed parking area will not encroach into the public right-of-way or eliminate that ' stall. NOTICE OF DECISION PAGE 4 OF 36 , SU62004-00012 -GABRIEL WOODS SUBDIVISION , 1' . . • • ' 33. The followin9 text shail be included in all construction documents: ' Notwithstanding any otherprovision of this title, any party found to be in -violation of the tree removal chapter (including but not limited . to removal or damage to trees, not approyed for.,_. removal) shall be subject to a civil penalty of up to $500 pursuant to Chapter 1.16 of the Tig ard Municipal Code and shall be rec~uired to remedy any damage caused by the violation. Such ' remediation shall include, blit i1Gt u2 'iimited to, the fcllcLVirg: , • o•_ ~:_-~-_e. . ~ < . . . .f A. Replacement of unlawfully removed or damaged f~ees ' in accordance with Section 18.790.060 (D) of ►he Tigard Development Code; al-ld ' B. Payment of an additional civd 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 1,34. The applicant shall record a deed restriction (either separately or as part of the CC&R's) that any . tree preserved or retained in accordance with the approved tree plan 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. ::i: _ . . ra. , . . . 35. . A note will be~placed on the~fnal plat thatrestricts fences to be placed in the visual clearance ' intersections of SW Anna Lane and the proposed private streets. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and ' approval: . 36: P.rior to final plat, approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley Treat, Engineering). ' 37. The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. , 38. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street(s) will be jointly owned and maintained by the private property owners who abut and take access from it (them). 1 39. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R s) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC&R's shall obligate t the private propefij owners within the subdivision to create a homeowner's association to ensure regulation of mainfenance for the street(s). The applicant shall submit a copy of the CC&R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. ' 40. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. 41. The 'applicant shall either place the existing overhead utility lines along SW Barrows Road ' underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 ' per lineal foot. If the fee option is chosen, the amount will be $4,571.70 and it shall be paid prior to final plat approval. 42. Prior to final plat approval, the applicant's engineer shall provide post-street construction sight distance certification. 43. The fnal II show the ROW width for Anna Lane to be 50 feet. The fnal plat shall also ' plat sha show the tracts for the private streets to be 21 feet. 1 44. Prior to approval of the final plat, the"applicant shall comply with the conditions listed in the 10/27/04 transmittat from WACO. , NOTICE OF DECISION PAGE 5 OF 36 SU62004-00012 -GABRIEL WOODS SUBDIVISION ' r . • ~ . . . . . . ' 45. The lat shall contain a non-access restriction alon the fronta e of Barrows Road exce t at the ' approved access location. 9 g ' p 46.. The applicanYs final. plat shall contain State .Plane Coordinates. on finro monuments with. a tie to ' the Citjr s global positioning system XoSNe eodetic control network (GC 22). These monuments shall be on~ the same line and shall same precision- as required for the subdivision plat bounda.ry.. Along with the coordinates, the plat shail contain the scale factor to convert ground : measurements to g*rid measurements and the angle from north to grid riorth. These coordinates can be established by: ~ - - - . ~ - ' :GPS tienefinrorked to the- City's GPS suniey:-~." - - • t • By random traverse using conventional surveying methods: . - .-7 r:.... ~..a n 1.... b...,,7 D ~i.., ..t ' i ti ial Pia~ nNjii~.ativi Sliuiiii SSiv~ 6.2C~L1 f2161 2IILS: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor : .-licensed to.practice in Oregon, and necessary data or narrative. - B. ' Attach a check in the amount of the current final plat review fee (Contact ' Planning/En~ineering Permit Technicians, at (503) 639-4171, ext. 2421). C. The final pla and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington'County, and by the City of Tigard. ' D. The rig ht-of-way dedication4or Barrows Road shall be made on the final plat. - E. NOTE: Washington County will not begin their review of the final plat until they receive notice frorri the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. ' F. After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature '(for partitions), or City Engineer and Community Development Director signatures (for subdivisions). . , . . ISFfED - . . . ' = . I FOL'0N+G CONaITION'S'SkfALL-.BE'SAT- . . . . . _ -7, DING`PERMITS: ` PRIOR ~O `fSSl~~fi1~E:OF;_BUIL umi to e anning epartment at ew c ei egger, 639-4171, ext. or review an ' approval: 48. Prior to construction, the applicant shall submit final construction drawings that indicate street tree ' type and spacing, to be approved by the City Forester. 49. Provide visual clearance triangles at the entrance and exit of the parking area on the final construction drawings. ' 50. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign compliance agreement. ' 51. Prior to issuance of building permits the Project Arborist shall submit to the City Forester a report describing how the Tree Protection Plan was implemented and detailing any failures to comply with the Tree Protection Plan. The report shall a(so describe the health of all remaining trees on the site, with details provided as to any tree that has had its root system disturbed or that has ' otherwise been damaged. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and ' approval: 52. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a"photomylar" copy of the recorded final plat. ' ' NOTICE OF DECISION PAGE 6 OF 36 ' SU82004-00012 -GABRIEL WOODS SUBDfVISION 1 I ' ' , • . . . ~ ' 53. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public improvements substantially: complete.Substantial completion.shall be when: 1) all utilities - are installed and inspected; for compfiance, including franchise utilities, 2) all local. residential streets have at least one lift,of asphalt, 3) any off-site street and/or utility improvements are ' substantially completed,:and 4) all.street,-lights are.installed. and ready to be energized~,r(NOTE;, the City apart from thi~ condition, and in accordance~with the City s model home policy may issue model home permits). , • ' 54. Prior to- issuance of building permits, the applicanfshall p'rovide the City- with as-built drawings of , the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in."DWG" focmat, if avaifable; otherwise "DXF" will be acc°ptable, and 3) ;he as-built drawings'-shall be_tied to the ' City's GPS,-network: °-The'_applicant's*'engineer.shall provide the-.City-with.an.electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water: system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD $3 (91). 1,~,.,~:n..y._;c.::n .;~:.~;;.:;~;....z.;-';:h-_~:::~-c:;.:.::~_ t•~;~_::~.;,~ _ - JN D ~Q ,rTfiiE-AP~~IC~tV1,$E~O~J~~]i-~BE AV1(ARE~.OF THE FOLL0INING~`~'SECTIONS- OF THE ,E,a„ . : _ , ci:.° . • . ~ ihs . ~ . ,u_,• . c , CQMM,,. ^_w ,`l'1~ib~EVE~OPME~ CODE, 'T'HIS'=[S NOT AN"EX~CUSIVELIST . ' . . . 18.430.080 Improvement AQreement: ' Before City ap proval is certified on the fnal plat, -and before approved construction' plans are issued by the City, the Subdivider shall: . ' 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such wock 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 stipulateimprovement 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: s require y ection 18.430.080, the subdivider shall file with the agreement an assurance of ' performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authcrized to transact business in ' the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or ' 3. Cash. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certifed by a ' registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first ' secured written authorization from the City. . 18.430.100 Filin and Recordin : ~'Fit i'n 60 ays o t e i 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. ' NOTICE OF DECISION PAGE 7 OF 36 SUB2004-00012 -GABRIEL WOODS SUBDIVISION • • ! ' 18.430.070 Final Plat A lication Submission Re uirements: ' ree copies o e su ivision p a prepare y a an surveyor licensed to practice in Oregon, and necessarydata or narrative.--.-_-..--.~..~... 4___~,..:._. _ . 4_ . , . , The subdivision plat and data or- narrative shall. be drawn to the-minimum standards set.forth by the ' Oregon Revised 5tatutes (ORS 92.05), Washington County, and by the City of Tigard. - J( TI Iir C~I~TGI~LII~1C ~ ~r ►i ~ T~ tnfIMLJ~ ~ n ~ iL 'DCCr r~r.~~RVVIUnr.rr~CU n~ rr~VL~ ~LVr.~UnVrn ' 1"'.~.Cr-CC ~1ZGIV~J~1IC~I ir iT AI I~J11 HJ J. -«r.,...>_..... - ~__._~.....~.-.~a,:-.:....-=---,•--,-.-s'- - _ • - - - - T^• FM'~.r - - !Y-w c'ti, v'Tr -.RA' Y •:TM~:-.. v i.R• . I . 'e n . . w. Centerline Monumentation" - . . . . - . . . . . . _ n. accor ance wit regon ~evised Statutes 92.060, subsection (2), the center{ire o~ aii street ard road"way'rights-of:way shall be rnonumented before tfie~City~accepts`a street improvement: t ,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"monumerits shall be"set during the first lift of pavement. Monument Boxes Re uired onumen oxes con orming 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 & Utilitv Improvement Standards: .18.810.120 Utilities All ' uti ity ines inc uding, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underg round, except for surface-mounted transformers, surface-mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at ' 50,000 volts or above. 18.810.130 Cash or Bond Re iaired ' improvements insta e y t e subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the ' improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prere uisite , o an d ivision improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and perrnit issued. ' 18.810.180 Notice to City Required or s a not egin untTthe City has been notified in advance. ' If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 En ineer's Certification ' TE-e-land ivi er s engineer s a. provide written certifcation of a form Nrovided by the City that all improvements, workmanship and materials are in accord with current and standard engineerinc) 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. t NOTICE OF DECISION PAGE 8 OF 36 ' SUB2004-00012 -GABRIEL WOODS SUBOIVISION " : . . . TH:IS~-APP.R~VAL;~SHALl::<BE.VAtID:FOR:~'1.8. MONTH.S _ : rK_ s : : . . . . "-F;ROM.THE`,EFFEGTIVEDATEOFfHIS`DECISION:: F , ' . . . . . , ' . SECTION III. BACKGROUND INFORMATION ' _Site Histo . - - - . - - - - - _ - - - ; o an -use cases were found to be associated with the subject property. . . ~ ~ Site Information and Pro osal Descri tion: . . . e app icant is requesting approva or a 25-lot single-family attached home subdivision on approximately 1.92 acres. The applicant is also requesting approval for an Adjustment to reduce the •street spacing along a collector from 200 to 50 feet. A second adjustment has been requested. to ' reduce the minimum density from 31 units to 25 units due to the irregulae lot size, surrounding development and existing trees. The existing single-family residence and outbuildings will be removed Vic_m~it Info~rmation: , TFe proposed dee opment is on the east side of SW Barrows Road, south of SW Scholls Ferry Road and north of SW Springbrook Lane. The abutting parcels are zoned R-25 and .developed with multi-family units to the east, single-family homes to fhe south and a Verizon facility to the west. , . . . . . . . - . . - - _ . . . . SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET ' The City sent notice to property owners within 500 feet of the subject proposal. Three letters were received from neighbors with the following concerns: , Since the neighborhood meeting, the applicant has changed the development substantially. , Instead of a 15 foot setback from the. pro osed southern units, the plans now sh.ow six. It appears that the plans call for complee rerrioval of all trees on the site. A second ' neighborhood meeting is definitely called for. - Staff Response: According to procedures of the neighborhood meeting, applicants are not required to submit exactly what was presented at the neighborhood meeting if it generally follows the type of development ' proposed. The applicant has not changed the type of development. The applicant has always proposed attached single-family dwellings. The addition of units and decreased setbacks are not cause for a new neighborhood meeting The development has to meet ordinance standards or approval cannot be granted. The setback requirement is fve feet for a side yard. The fact that single ~ family dwellings were built adjacent to the site does not change the fact that the zone in which those houses were built as a multi-family-=R-26 -zone. The required landscape buffer provides a minimum option of six feet. The applicant has chosen the six foot buffer to allow for the construction of the ' units proposed. In any case, notice of decision is sent to property owners within 500 feet of the proposed development allowing them the opportunity to appeal. ~ Placing the attached units six feet from our property lines, borders on total disrespect for adjacent property owners. The current design will devastate our property values as well as the aesthetic value. ' Staff Response: The Tigard Development Code allows a six-foot buffer between attached dwelling units and detached dwelling units with appropriate screenin and landscaping. The applicant has pro p. osed to screen the project with a six foot wall, trees and s~rubs. The R-25 zoning district is a medium to high density ' residential zone which allows attached dwelling units at a higher density. Therefore, the applicant's proposal is within the boundaries of Tigard's Development Code. ' ~ NOTICE OF DECISION PAGE 9 OF 36 SU82004-00012 --GABRIEL WOODS SUBDIVISION . .:i SECTION V. ~ SUMMARY OF-APPLICABLE CRITERIA i A summary o the applicable criteria in fhis case in the hapter order in which they are addressed in this-decision are as follows: A. Subdivision - - ' B. Apblicable Development Code Sections . ' . ariances an jus ments 18.510 Residential zoning distrcts) 18.705 lision ccess, Egress and Circulation) - 18.71.5 ensity) - - . _ ~ t. 18.745 ' andsca"ing and screenmg) 18.765 ff-street parking and loading requirements) - • 18.77,5 ensitive Lands Review) a . 18.790 ree removal) 18.795 clearance) - • C. Street and Utili Im rovement 18.810 ree an i i mprovement Standards) ' D.. Decision Makin Procedures 118.3904~ mpac u y The prop osal contains no elements related to the provisions of these Specific Development Standard ' Code Chapters: 18.710 (Accessory Residential Units), 18.730 (Exceptions to Development Standards), 18.740 (Historic Overlay), 18.742 (Home Occupations), :18.750 (Manufactured/Mobil Home Regulations), 18.755 (Mixed Solid Waste & Recyclable Storage) 18.760 (Nonconforming situations), .18.785. (Temporary Uses), and 18.798 (Wireless Communication Facilities). These ~ chapters are, therefore, found to be inapplicable as approval standards. SECTION VI. - -APPLICABLE REVIEW CRITERIA AND FINDINGS A - SUBDIVISION GENERAL PROVISIONS: ~ 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 facilifate future re-division in accordance with the requirements of the zoning district and this title. ' The minimum lot size of the R-25 zoning district for attached dwelling units is 1,480 square feet. The largest lot in the subdivision is 2,752 square feet and therefore cannot be re-divided. ~ Lot Size Averaging: . Section 18.430.020.D. states Lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not ' less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size aflowed in the underlying zoning district. The applicant has not proposed to average the lot sizes. Therefore, this standard does not apply. ~ Phased DeveloPment: 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 reapplying for a preliminary plat; The criteria for approving a phased site development review proposal are: a.)Th~~ 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; r b.) The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable City or district standard; and The phased ~ development shall not result in requiring the City or other property owners to construct public facilities that were requirecl as a part of the approval of the preliminary plat. NOTICE OF DECISION PAGE 10 OF 36 ~ SUB2004-00012 -GABRIEL WOODS SUB :)IVISION U Tfie application for phased development approval shall be reviewed concurrentlY with the - , preliminary plat appfication and the decision may be appealed in the same manner as the ' preliminaryplat . ' . _ , . . . , . . . The applicant has not proposed a phased development; therefore, this standard does not apply. ' Getermination of baszflood elevaticri. Where 5ase flcod --levation has not beefi'proyided or 3s not avaifable "'from - another ~ authoritative -source;--it -shalF -be-- generated -for, -subdrvision roposals and other proposed developments which contain at teast 50, lots _or fve acres Fwhictiever:-is less)., : ' . _ -F:~--... . : . : . - . . _ . . . y.._ . _ _ This proposal is for 25 lots and is 1.92 acres in size; therefore this standard does not apply. ' A broval Standards = Prelimina Plat: e propose pre iminary plat compiies with the applicaqle zoning ordinance and otner applicable ordinances and regulations. ' Compliancewith the specific regulations and standards of the zoning ordinance will be addressed further within this decision. :..,.,r.n~.~~,..,~:.. The p~oposed ' p lat name mustnot be duplicative and must otherwise ~satisfy the provisions of ' ORS Chapter 92. " _ - - . ' The applicant has provided evidence that the plat name "Gabriel Woods" has been approved by the ' Washington County Surveyor's office and is reserved for this property. This standard is met. The Streets and roads are laid out so as to conform to the plats of subdivisions and maps of major, partitions or subdivisions already approved for adjoining property as to width, general ' direction and in all other respects unless the City determines it is in the public interest to modifjr the street or`road pattern: Streets and roads are discussed in greater detail under Tigard Development Code (TDC) Chapter , 18.705, Access, Egress and Circufation) and Chapter 18.810 (Street and Utility Improvement Standards). t An explanation has been provided for all common improvements. The applicant has provided an explanation for all common improvements as required and, therefore, ~ satisfied this criterion. Specific details of the proposed improvements are discussed later in this decision under the Street and Utility Improvement Standards section. ' FINDING: Based on the analysis above, the Subdivision criteria have been met. B- APPLICABLE TIGARD DEVELOPMENT CODE SECTIONS . , Variances and Ad'ustments 18.370 ~ menfto minimum resi en ial density requirements (Chapter 18.510). The Director is aulhorized to grant an adjustment to the minimum residential density requirements in Section ' 18.510.040, by means of a Type I procedure, as governed by Section 18.390.030 as follows: a. For development on an infilt site as follows: (1)ln the R-25 zone, sites of .75 acre or smaller. (2) In the R40 zone, sites of .75 acre or smaller. , For development on sites larger than those contained in 1 above, if the applicant can demonstrate by means of detailed site plan that the site is so constrained that the prop ortional share of the required minimum density cannot be provided and still meef afl of the development standards in the underlying zone. ' . , NOTICE OF DECISION PAGE 11 OF 36 SU62004-00012 -GABRIEL WOODS SUBDIVISION • , i , • . ' ~ `t , , To be ~ranted an adjustment in either Subsections a or b aboye, the applicant must ' demons rate that the -maximum number -of residential units are being rovided while complying with. all ap plicable development standards in.the underlying.zone. here is nothing in this section whicfi pre~;ludes an applicant for applying to a variance to these standards, as governed by Section 18.370.010. The applicant is requesting an adjustment to reduce the minimum density from 31 units to 25 units based on the irre~utar.shape;of.,the subiect parcel,tisurrounding development and existing trees. The applicant: argues. hat the- imited size--o.-the subject_proper.ty_and-its.:irregular.!_L-shaPe-;limit potential. , street layout optioris for inclivid`ually_owned'u.nits." The. prop-osed,design is dnveri by th:e acces's' from SW Barrows Road, which I~rings~ an east-we'st street into the property. "The mosfiifficient circulation while providing the maximiim number of livable lots is a system of parallel streets extending to the , south off of the proposed public street. ' Because of the narrow width of the private streets, the applicant has proposed aamall parking area in order to minimize on-street parking. The proposed Parking area could have bE:en an additional lot. The subject site is further constrained by surrounding dev2lopment that preclude:> current or future street connectivity. ' Lot layouts are based on rninimum lot dimensions (for example, 1,480 square feet corres p'ontls 'to a 20-foot by 74-foot area) certain threshold dimensions are needed in order to produce an efficient plat. The specific dimensions of the property limit the number and location of rowhouse buildings that can ' be accommodated, as well as the number of units the buildings can contain. The applicant has proposed rowhouses. in order to provide a somewhat subtle transition -from the neighboring multi- family complex to the east. to the detached single-family homes to the south. They feel this type of ' use is more appropriate than multi-family apartment structures. Several trees, including a large seq,uoia tree located on the northwest corner of the property, fronting SW Barrows Road,. have been identified for' preservation. The sequoia has been identified as worthy of special protection not only because of the health of the tree but also for its beauty. :In an effort to ' preserve the large se.quoi<< and other ezisting trees in the northwest corner of the property, this area has been set aside in a. tract. The proposed tract provides an entry gateway, as well as common space for local residents tu enjoy. This area could have been developed as one or possibly.two,more , lots, but the applicant prefers to retain these trees as a form of entrance feature at the public street intersection. fn attemptincl to save the large sequoia tree, it became necessary to orient the street such that it does not interff;re with the drip line of the tree. Given the resulting location of the street, a' small unusable strip of land remained adjacent to the neighboring Verizon site to the south which will also be put in a tract (Traci: C). Tract G has been set asidE; for surface water treatment of storm water runoff, which is not taken out of ' the density calculation. Tract G could have possibly been developed as buildable lots. FINDING: The above firdings have all been shown on the proposed site plan submitted by the ~ applicant. Based on the argument above, staff is satisfied that the adjustment to drop below the minimum density (31 units to 25 units) is warranted. 18.370.020.C.5 Adjustment to access and egress standards (18.705). ' In all zoning districts wFiere access and egress drives cannot be readily designed to conform to Code standards witFiin a particular parcel, access with an adjoining property shall be considered. If access in conjunction witfi another parcel cannot reasona6ly be achieved, the Director ma grant an adjustment to the access requirements of Chapter 18.705 throu h a Type II procedure, as oioverned in Section 18.390.030, using approval criteria contained in Subsection 2b below. The applicant has requested an adjustment to the street spacin standards of Section 18.705.030H, r which requires driveways and streets along a collector to be 200~eet apart. The Director may approve, approve with conditions, or deny a request for an adjustment from ' the access requirement:c contained in Chapter 18.705, based on the following cri~eria: It is not possible to share access; ' NOTICE OF DECISION PAGE 12 OF 36 ' SUB2004-00012 -GABRIEL WOODS SUBDIVISION ' ~ • , A shared access with an adjacent parcel cannot be achieved at this location. The access directly north is an emer ency access only, which accesses the adjacent multi-family complex to the east of the subject site. he adjacent prope rtyto the south (Verizon) has its access approximately 115 feet from the subject property. Therefore, if is not possible to'share access with adjacent properties. There are no other alternative access points'on. the street in question or from another street; The subject property is surrounded on its north, east and south sides by existing developments that '~rovide no extensions of streets to the site. The only access rigr~ts derive from tfie frontage onto SW arrows-Road. -~This-standard has been satisfed.--~ The access separation requirements cannot be met., There are three~othe( ~ access points with"in' 200 " feet of the ~p roposed Anna Lane: y 1) The Ven'izori facility driveway is approximately 115 feet to the south- 2) An emergency access only driveway is •located immediately to the north; and 3) An existing as haft driveway is located on the opposite side ' of Barrows Road approYimately 50 feet to the north. The subject parcel has a~oroximafely 130 feet of frontage onto ~arrows Road. Therefore, access separation cannot be met no matter where the access is proposed. This criterion has been satisfied. ' The request,is the minimum adjustment required to provide-'adequate access;' Theyproposed Anna, Lane is -as far south ..as possible. along,.the .Barrows Road frontage. The adjusfinent is the least needed in 'otder to provide adequate access while maintaining the furthest ' separation from all adjacent access points. The approved access or access approved with conditions will result in a safe access; and ' Tualatin Valley Fire and Rescue has reviewed the proposed street and has not indicated that it will result in an unsafe access; NFR's comments are located under Section VIII (Agency Comments). Therefore, this criterion has been satisfied. , The visual clearance requirements of Chapter 18.795 will be met. Visual clearance *will be met as outlined in Chapter 18.795 (Visual Clearance) which is addressed ' later in this decision. FINDING: Based on the analysis above, the adjustment standards have been met. Residential ZoninQ Districts (18.510) , tis e escrip ion o e resi en ial Zoning District. The site is located in the R-25: Medium-High residential zoning district. ' The R-25zonin district has the followin dimensional re uirements: . Y'i. ~ mimumo ize ' Detached unit . 3,050sq. ft. Attached unit 1,480 sq. ft. Duplexes 6,100 sq. ft. or 3,050 sq. ft. per unit. one ' vera e inimum o Width inimum e ac s 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 ro er~ tine and front of ara e 20 ft. ' aximum ei aximum o overa e -HU70-- MiniMUM an sca e e uiremen o (1l Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. t . ' NOTICE OF DECISION PAGE 13 OF 36 SU62004-00012 -GABRIEL WOODS SUBDIVISION The proposed lots range in size from 1,564 square feet to 2,752 square feet. The applicant has shown ' the southem yard setback for lots #20 and #25 to be six feet. However, the southem lot line is actuaily the rear lot line because the lots front.onto the proposed private streets to the north. In order to consider_~ - the eastern and westem propefij lines to be the front yards the applicant is required to extend the private streets.15 feet to the south._in. order-_to consider the :eastem. and western property lines :as the. front yards. The applicant is required to comply :with all 'other setbacks, height and lot coverage/landscape requirements during the: buifdin~q permit review process for the homes on mdividual lots. T5e applicant is prcpcsirg lardscae trac:s at Lhe entrance of the subdivision (tract A and tract C), -which will be maintained by the proper~y owners of the`subdivision -asrequired below under Chapter" 18.810 (Street and UtilitY ImProvement Standards). -h FINDING:. Bahed on the analysis above, the residential zoning district standards are not satisfed. ' If t e applicant complies with the condition below, the zoning standards will be met. ' CONDITION: Extend the' private streets 15 feet in order to consider the eastern2and rwestern property . lines of.lots #20 and #25 as the front yards. . . ' Access, Eqress and Circulation 18.705 : . LWaipter 1$.705 esta6iis es s n ar s and regulations for safe and efficient vehicle access , and.egress on a site and for general circulation within the site. Table 18.705.1 states that the minimum vehicular, access and eqress for single-family dwelling units on individual lots shall be one;" 10-foot paved driveway within a 15-foot-wide accessway. The minimum access width for 3-6 dwelling units is 20 feet with 20 feet of pavement - ' 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. Access plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and ' circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. ' Scaled site plans have been submitted that indicate how the requirements of access, egress, and circulation are met. Joint access. Owners of two or more uses, structures, or parcels of land may agree to utili2e ' 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 theJoint use; and Copies of the deeds, easements, leases or ' contracts are placed on permanent file with the City. Joint access has nqt been proposed. Therefore, this standard does not apply. t Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18,705.0301 shall connect directly with a public or private street approved by the City for public ' use and shall be maintained at the required standards on a continuous basis. All lots access and egress shall be via a new public and private street which connect to SW Barrows Road. Therefore, this standard has been satisfied. ' Curb cuts shall be in accordance with Section 18.810.030N. Curb cuts will be addressed under Chapter 18.810 Street and Utility Improvements Standards later in , this decision. ' NOTICE OF DECISION PAGE 14 OF 36 ' SUB2004-00012 -GABRIEL WOODS SUBDIVISION ~i • ' Walkwayspedest: . On-site rian walkways shall compl~ with the following standards: Walkways shail ex:end frarn tt~e graund floor entrwncss of .rom the gfound floor !anding of stairs, famQs, or elevators of.all.commercial,.institutional, and industrial uses, to the streets which provide the.., ' required access and - eg ress. .7 Walkways;~'shalt provide "convenient connections between , buildings in multi-buildng commercial, mstitutional, and ~industrial., complexes.-- Unless impracfcal, walkways shall be constructed between new and existing developments -and neighboring developments;-Wherever: cequired -walkways cross ~vehicle access driveways ~or t parking iots such crossin gs shali be designed and.focated for ~edestrian safety. Re quired walkway"s =s~iall~-be =physica~ty°'Rseparated..from:-motor-vehicle -traffic~and -parking by-=either •a minimum 6-inch.vertical separation;.(curbed) ..or,a minimum 3-foot.horizontal. separation, exczpt that pedestr9an crossings of traffic aisles ars permitted for distances no greater than ' Ised. 6 feet if -appropriate.-landscaping;: pavement..markings or contrasting pavement materials are . Walkways sfiall be a minimum of four feet in wiath, ezclusive ofvehicle overfiangs'and obstructions such as mailboxes, benches, bicycle racks, and sign posts • and shalf be in 'compliance with _ADA _ standards• Required ;walkwaYs shall be paved wiih. hard surfaced ' materials such as concrete asphalt, stone; brick, etc: "Walkways may be required to be lighted and/or signed as needed 46r. safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. - ' Public sidewalks are proposed on both sides of the proposed public street and one side for each of the *private streets.' t Sidewalks 'shall be constructed per city standards (i.e. hard-surfaced, 4-foot width). . - ' Inadequate or-Fiazardous 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 inadeyuate access for emergenc vehicles; or would in any other way cause hazardous conditions to exist which would consti~ute a clear and present danger to the public health, safety and general welfare. , Based on the preliminary plan submitted by the applicant, the intersection of SW garrows Road and proposed Anna Lane does not appear to have any hazardous attributes. Sight distance certification will be required to assure that hazards at this intersection are minimized. ' Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged. Direct access to major collector or arterial streets shall be considered only if there is no practical alternative way to access the site. ' All lots will take access from local residential public and private streets. Direct access to SW Barrows Road has been addressed later in this decision (18.810 Street and Utility Improvement Standards). ' 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. ' No service drives are associated with this development. This criterion does not apply. ' Access Manaqement (Section 18.705.030.H) Section . . stes a an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. . ' SW Barrows Road is a County facili . The Washin ton Count WACO 2020 Trans ortation Plan classifies Barrows Road as a Neighborhood Route, while the C i~ty's TSP ~classifies it as a Co l lector. The applicant's engineer has provided preliminary sight distance certification with a list of ' improvements in order to meet the standard. The posted speed is 40 mh, requiring a minimum sight distance of 400 feet in each direction. According to the engineer, p 380 feet of sightdistance is ' available to the north of the proposed intersection and 1500 feet to the south. The engineer states that in order to meet the sight distance requirements to the north a slightly elevated access point and/or a minimal pavement grind will be required. , NOTICE OF DECISION . PAGE 15 OF 36 SU62004-00012 -GABRIEL WOODS SUBDIVISION ' , , . • ~ ' , ' ' The applicanYs engineer shall provide a post-street construction, final sight distance certification. . . . . - . - . . . Seciion 18,705.030.H.2 states ihat driveways snaii not _be permiiited _to, be piaced in tne influence area of collector 'oe *arterial street Entersectibns. ° ~Influence''area~ of _intersections is" that: area where__.queues of traffic commonly., form, on appcoach to....>an intersection.~..->The. minimum driveway setback from a collector or arteriat 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, bythe applicant's traffic"engineer: In ' a case where a roject has less than 150 feet of sfreet frontage;.=the applic,ant must ezplore . any option for s~ared access with the adjacent parceL _If shared access is ~iot possiblz oT practicat,-the-deiveway~shall be""placed as fa'r'from' the in~ersection'_aspossibfe Because the City of Tigaid's TSP classifies Barrows Road~as a~Collector, th'is criterion applies. Lots ' 1, 2& 3 will have 'driveways located within 150 feet 'of the proposed intersectiori4of Barrows Road and ' Anna Lane. . These driveways shall be placed as far east fcom the intersection as.possible, as each lot has less than 150 feet of fronfage. . a - ; - Section 18.705:030.H.3 and 4 states that the minimum sPacing of driveways and streets along ' a collecto'r 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 applied for an adJ'ustment to this standard. The proposed location of Anna Lane is as far south as possible along the Barrow Road frontage in order to avoid damagin the root zone of an existing sequoia tree. There are also three other access points within 200 fee~ of the proposed Anna Lane: 1) A Verizon facility driveway is approximately 115 feet south; 2) An Emergency Access Only driveway is located immediately north; and 3) An `existing asphalt driveway is located on the ' opposite side of Barrows Road, approximately 50 feet north. The applicant states there is no feasible location for a shared access point. There is also no other , ossible way to serve the site and meet the spacing standards. The applicant has selected the best Pocation for SW Anna Lane and staff agrees that an adjustment to the standard is acceptable. Minimum access requirements for residential use: ' Vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual lots and multi-family residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2; ' All of the proposed lots have frontage to a public or pnvate street, individual access will consist of standard driveways to each house. This will be reviewed as part of the building permit application. 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; ' The proposed private streets will be owned and maintained by the home owners that take access from them. Maintenance will be provided by the required Home Ownership Association. The ownership and maintenance agreement for the proposed private streets will be required to be ' reviewed and approved by Tualatin Valley Fire and Rescue. . Section 18.705.030.1.4 states that Access drives in excess of 150 feet in length shall be F , rovided with approved provisions for the turning around of fire apparatus by one of the ollowing: a circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet or a hammerhead-confgured, paved surface with each leg of ' the hammerhead having a minimum depfh of 40 feet and a minimum width of 20 feet. The maximum cross slope of a required turnaround is 5%. NOTICE OF DECISION ' PAGE 16 OF 36 , SUB2004-00012 -GABRIEL WOODS SUBDIVISION i • 1 The proposed subdivision has two private streets. The western private street is aaproximately 197 .feet in length and has been provided with an approved hammerhead turn-around. The proposed , tum-around is the intersection of SW Anna Lane and the proposed private street. Proposed Anna Lane is .36 feet in width for a minimum of 40 feet- in length in either-direction of the intersection. City staff had the ap~licant verify with Tualatin Va(ley~ Fire and Rescue that the turn-around was sufficienf. ' Tiialatin \/alla~i , ira anri Racri~P'c Firg A/larcha,~ FriC McMiillan, provirlc~,l arFrovwl`of th° MroroS°d hammerhead, which can be found under Section VIII (Agency Comments). The eastern private street is-approximately 135 feet in length. No fire apparatus turn-around is ' required. i nis criterion has been met. To provide for increased traffic movement on congested streets and to eliminate turning . movement problems, the Director may cestrict the location. of.drivewa s on streets and require t the location of driveways be placed on adjacerit streets, upon the fi-niling that the proposed access would cause or increase existing hazardous traffic conditions; or provide inadequate access. for emergency -vehicles; - or _cause • hazacdous -conditions to exist which *would ' constitute a'clear and present danger to the public health, safety, and general welfare. Staff does not foresee any need to restrict the location of access. Tualatin Valley Fire and Rescue has reviewed the proposed access and has no objections to it. = Comments 'are provided under ' Section VIII (Agency Comments). . . : . . , . - . FINDING: Based on the analysis above, the Access, Egress and Circulation standards have not been met. If the applicant complies with the conditions below, this section will be met. I CONDITIONS: • The applicant's engineer shall provide a post-street construction, final sight distance ' certification. - . The ownership and maintenance agreement for the proposed private streets will be required to be reviewed and approved by Tualatin Valley Fire and Rescue. ' Density Computations and Limitations: ap er 13.713impTemen e omprehensive Plan by establishing the criteria for determining ' the number of dwelling units permitted. The number of allowable dwelling units is based on the net development area. The net area is the remaining parcel area after exclusion of sensitive lands and fand 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 Develop ment Code, the maximum and minimum number of units permitted on the site is 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. ' According to the Residential Density Calculation provisions within the code, the number of dwelling units permitted on this site can be calculated by dividing the net area by the minimum lot size, which in this case is 1,480 square feet. The net area, in this development, is derived by subtracting the ' public right-of-way from the gross acreage. The density computations for Gabriel Woods are as follows: Net Area Calculation for Subdivision Plat ross square eet 83, square feet (1.92 acres) Minus ri hts-of-wa 25,700 s uare feet qua s et rea su to a 57,935 square eet/1,480 square feet . ' Maximum Dwelling'Units = 39 units . Minimum Dwelling Units Required: 39 X.80 = 31 units ' NOTICE OF DECISION PAGE 17 OF 36 SU62004-00012 -GABRIEL WOODS SUBDIVISION , , ' ' ' • ' Total Units ProPosed: 25 units FINDING: The applicant has applied for an adjustment to build six units less than the required ' ~,.minimum density. Adjustments have. been addressed above under -18.370 (variances and Adjustments). Environmental performance standards (18.725): These standards require that federal and state environmental laws, rules and regulations be applied io deveiopmen't within the City of Tigard. Section 18.725.030 (rerrormance Standards) reguiates: noise, visible emissions, vibration and odors. " . . . Noise. For the purjposes of noise regulation, the provisions of Sections 7:41.130 .thr,ough 7.40.210 oe 7igard Murncipal Code shall apply. . . . . . _ . . . _ . . ' Visible Emissions. Within the commercial zoniny districts and the industrial park (IP) zoning is ic , ere s a be no use, operation or actrvity which results in a-stack or other point- ' source emission, other than an emission. from space heating, or -'the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality. (DEQ) rules for.visible emissions (340-21-015 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is erm ' tted in any given zoning district which is discerni6le without instruments at the property Pne of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily ' cTefecfable at any point beyond the properly 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' empera ure processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is ' discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be 1 main ine in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. t This is a detached single-family proJect, which is permitted within the R-25 zone. There is nothing to indicate that these standards will not be met. However, ongoing maintenance to meet these standards shall be maintained and any violation of these standards will be addressed by the City of ' Tigard's' Code Enforcement Officer. Compliance with state, federal, and local environmental regulations are the continuing obligation of the property owner, and will abide by the applicable standards. ' FINDING: The Environmental Performance standards are met. Landscapinq and Screeninq (18.745,): ' apter 18. con ins an scaping provisions for new development. Section 18.745.100 requires that street trees be planted in conjunction with all development that fronts a street or driveway more than 100 feet (ong. 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 existiny vegetation on a site shall be protected as much as possible (for example, areas not to be disturbed can be fenced as in snow fencing which can be around individual trees). ' NOTICE OF DECISION PAGE 18 OF 36 ' SU82004-00012 -GABRIEL WOODS SUBOIVISION ' , ' • . , The applicant has shown Zelkova Serrata (Green Vase) and Acer Platanoides ~rees Crimson King) as street trees. The City 'Forester will need to review and approve the street on the final construciion drawings. , . . Section 18.745.040.C contains specific standards for spacing of street trees as follows: . Small oe narrow stature trees ~under 25 feet tall and less than 16 feet wide branching) shall be spacedno greater than 20 eet apart; . . Medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be spaced no•greater than 30 feet apart; and , Large trees (over 40 fee4 Pafi and ,more than 35 feet wide branching) shall ba sNacad na ' 9reater than 40 feet apart; .The applicant has been conditioned above to provide street trees on the final construction drawings, ' which are to be approved by the City's Forester. Therefore, this standard will be met. ~ Section 18.745.050 contains the provisions and requirements for buffering and screening. .b - . . . . , The proposed subdivision is attached single-family. Adjacent~properties, tothe north and' east are considered multi-family, which does not require screening. The properties. to the south are single-family detached, which require buffering. The applicant has proposed a mmimum of a six foot buffer with a six foot wall, trees and shrubs. * The adjacent property to the west is developed with a , commerciaf building;,and is separafedby the proposed private street. Streets are not required to be buffered. -.The applicant will be required to provide and implement, a plan showing the proposed screening on the southern property line. ' FINDING: Based on the analysis above, the proposed buffering is consistent with the Buffering and Screening Matrix (Section 18.745.1) of the Tigard Development Code. ' CONDITIONS: , . Prior to construction, the applicant shall submit final construction drawings that ' indicate street tree type and spacing, to be approved by the City Forester. . The applicant will be required to provide and implement a plan showing the proposed screening on the southern property line. ' Off-Street Parkin and Loadin Re uirements 18.765 : L ap er its . , a e 115.7 5. reyuires a sing e- amily residences be provided with one (1) off-street parking space for each dwelling unit. ' Compliance with this standard will be enforced during the building permit review process. The proposed units will be provided with driveways, which wll ensure at least one parking space for each unif. In addition to individual parking,the. a~plicant has proposed an off-street parking area with five ' additional stalls. The~efore, the following cri eria and findings pertain to the proposed parking area. - Disabled-accessible parkinq. All parking areas shall be provided with the re quired number of ar ing sp aces or isa e persons as specifed by the State of Oregon Uniform Building '~ode and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. ' According to Oregon's Uniform Building Code, parking lots with 1-25 parking stalls are required to provide one ADA accessible parking stall. The applicant has not provided an RDA accessible parking stall; therefore, it will be required. Maintenance of arkin areas. All parking lots shall be kept clean and in good repair at all ' imes. rea s in pave su aces shall be repaired promptly and broken or splintered wheel stops shall be replaced so that their function will not be impaired. ' Ongoing maintenance to meet these standards shall be maintained and any violation of these standards will be addressed by the City of Tigard's' Code Enforcement Officer. ' NOTICE OF DECISION PAGE 19 OF 36 SU82004-00012 -GABRIEL WOODS SUBDIVISION , . , r • • ' Access drives. With re ard to access to ubiic streets from off-street arkin : ' ccess rives rom e stree o o-s ree par ing or oa ing areas s a e designed and constructed to Taciiitate the filow oT iranic and provicie maximum safiety for pedestrian and vehicular traffic on the site; _..~f_~._ n....-..,.,,. : : _:,e .s.:..._.,.._;.- - : r. --_.-e The proposed access to the parking area is approximately 35 feet from the nearest residence and facilitates one-way access to. and from -the area. --The parking area is separated from-the proposed eastern private street by a sidewalk and, planter welf. _in. order to. provide. safety for pedestrians. Therefore; this 'standard has been -satisfed. ~ , ' Tye number and size of access dtives shali be in accordance with the requiremenis . oT Chapter, 18.705, Access, Egress and Circutation; - - - - y -w- - , Chapter 18.705 (Access Egress and Circulation) does not provide standards for parkin areas within ~attached single-family developments. 'HoweVer, Chapter-18.705 does provide standaFs for one-way vehicular access points, ..which the applicant has proposed. According . to 18.705.030.K ' One-way vehicular access points); "Where a proposed parking facility indicates only one-way traffic ilow on fhe site, it shall be accommodated by a specific driveway serving the facility; the entrance drive shall be situated closest to oncoming traffic and the exit dnve shalr be situated farthest from ' oncoming traffic." . . . . - . ^•cr rn .c. , • . , ~:..ti ' `:3.~ The access drive into the proposed parking area is located on SW Anna Lane: Southwest Anna lane is the main entrance to the-subdivision:--.tThe- exit from the parking area is located on the proposed ' eastern private street, which is considered the furthest away from oncoming trafFc into the subdivision. Therefore, this standard has been satisfied. Access drives shall 'be clearly and permanently marked and defined through use of rails, ' fences, walls or other barriers or markers on frontage not occupied by service drives; The access to the proposed parking area is shown to be marked with an arrow that directs traffic in a' one-way fashion. The applicant has also shown the entrance to be provided with a driveway apron. Therefore, this standard has been satisfied. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, ' Visual Clearance; . Visual clearance has not been addressed at the entrance or exit of the parking area. Therefore, the ' applicant is required to provide visual clearance triangles at the entrance and exit of the parking area on the final construction drawings: Access drives shall be improved with an asphalt or concrete surface; and ' The applicant has shown the parking area to be constructed with the same material as the proposed streets. Streets are -required to be improved with asphalt. Therefore, this standard has been ' satisfied. Excluding single-family and duplex residences, except :as provided by Subsection 18.810.030P, groups of two or more parkin9 spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will t be required. It appears that the northern proposed parking stall will require vehicles to back into the public ' right-of-way of SW Anna Lane. Therefore, the applicant must prove that the backing movement of vehicles parked in the northern parking stall of the proposed parking area will not encroach into the public right-of-way or eliminate that sta(l. ' FINDING: Each individual home will be reviewed for compliance with this standard during the building permit phase. However, staff is not satisfied that the provisions regardin~ the proposed parking area have been met. If the applicant complies with the conditions ' below, the Off-Street Parking Standards will be met. NOTICE OF DECISION ' PAGE 20 OF 36 ' SU82004-00012 -GABRIEL WOODS SUBDIVISION r ~ . . • ~ CONDITIONS: . The applicant is required to provide one ADA accessible parking stall within the proposea parking area. . , . Provide visual clearance triangles at the entrance and exit of the parking area on the. final construction dravirings.- . The applicant must prove that the backing movement of vehicles -parked in the ' northern parking stall of the proposed ;parking area will not encroach into the public . right-of-way, or eliminate that stall. - . ~ ~Sig~ns 18.780 : . '-Chap er 10.780 regulates the placement, number and design 'criteria for signage. for sign No signs - are proposed in conjunction with this development. The applicant ma appkl uture i permifs to erect subdivision entry signs as authorized in Section 18.780.130A)~3). y f .signage will be subject to the sign permit requirements in Chapter 18.780. here has been a eroliferation 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 . requires mitigation of trees over 12-inch diameter at breast height (dbh) ' removed as part of the development of the site. A tree plan 'has been developed and reviewed by a certified arborist, which includes the location and species of all existing trees six inches or greater. The plan identifies individual trees for removal or ' retention. There are 96 trees on-site that are greater than 12-inches equaling 1169 inches. The applicant has indicated in the narrative that, "Specifc determination of the applicable mitigation requirements ' should be performed at the time of construction, when a factual determination of trees actually retained or removed can be made." However, the City's current tree mitigation procedures require the applicant to determine tree protection/remcval and mitigation prior to construction. A preliminary. tree protection plan has been provided, to which the City wilf hold the applicant responsible. The applicant ~ may need to extend the proposed private streets 15 feet to the south, which may require additional removal of trees. Therefore, the applicant is required to provide an updated removal and mitigation plan that will reflect the removal of trees greater than 12 inches in diameter prior to site work. ' In the event any additional trees are needed to be removed after the tree protection/removal plan has been revised for reasons such as they are found to be dead, dying, diseased, dangerous by way of a more thorough arborist evaluation, they may be removed without additional mitigation. If in the , process of constructing improvements, it is found that removal of a tree designated for preservation must occur, as determined by the City Forester and Project Arborist, the applicant will be subject to an additional Type II approval. Any additional trees other than those mentioned on the removal plan ' that are damaged or removed without prior City authorization will constitute a violation. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section maythereafter be removed only for the reasons set out in a tree plan, in accordance with , Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a-condition.of approval of any development permit affected by this section ~ to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. ' The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. ~ NOTICE OF DECISION PAGE 21 OF 36 SUB2004-00012 -GABRIEL WOODS SUBDIVISION . . . ; : ~ The a licant will need to record a deed restriction for all tr ~ pp . ees to remain on-site, either independently or ror aif iots in the subdivision. FI'NDING: Based on the analysis above; the Tree Removal standards will be met, if the applicant t complies with the conditions of the City Forester listed under "Other Staff Comments" - .=and the conditions listed below:~ - - . . - . . . CONDITIONS: . . - _ . . . . ' - - . Provide a revised iree proteciioniremovai/miiigation pian to be reviewed .and,.;.' approved,by the-'City's-°Forester and a member of the City's "Current: Planning staff.. , . , • -Jr.~ - . The'applicant shall submit a final Tree Protection Plan that shows exactl how .far ' the tree protection fencing will be from the face of each protected tree ~including . those . on neighboring . properties where construction . occurs within the trees' driplines) that will be impacted by construction activities within' its dripline. The applicant: through their Project Rrborist, shall just'~fy the close proximity of the ' construction activities to the trees. . He shall certify that the activities will not .._,advefsel y-impact_the overall and long-term health-and stability of each tree:: _,Any construction that occurs within the neighboring trees' driplines should be justified by the applicant and approved by the City Forester and neighborin property owner(s). ' Work ma y proceed within the dri pl i n e s on ly wi t h t he approva l o f1he C i t y Fores ter. . The Project Arborist shall submit written reports to the City Forester at least once ' every two weeks as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as 'well as .-the condition and location of the tree protection fencing. - If the amount of TPZ was reduced then the Project Arborist shall justify why-the fencing was moved, and shall ' certify that the constructio'n activities to- the trees did not adversely impact the overall and long-term health and stability of the tree(s). If the reports are not submitted .or received by the City Forester at the scheduled intenials, 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 pro1'ect until an inspection can be done by 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 Tree Protection Plan has been violated. . Prior to issuance of building permits the Project Arborist shall submit to the City , Forester a final report describing how the Tree Protection Plan was implemented and detailing any failures to comply with the Tree Protection Plan. The report shall also describe the health of all remaining trees on the site, with details provided as to ' any tree that has had its root system disturbed or that has otherwise been damaged. • Only those trees authorized for removal by this decision, and any trees that are ~ exempt may be removed by the applicant. If in the process of constructing improvements, it is found that removal of a tree designated for preservation must occur, as determined by the City Forester and Project Arborist, the applicant will ' be subject to an additional Type II approval. Any additional trees other than those mentioned on the removal plan are damaged or removed without prior City authorization will constitute a violation, subject to ordinance penalties. ' , ~ NOTICE OF DECISION PAGE 22 OF 36 ~ SU82004-00012 -GABRIEL WOODS SUBDIVISION ~ • ' . The foliowing text shall be included in all construction documen.ts: Notwithstandir~g, any other prcvisicn of this ti,iz, ary party fcurd to be ir viclat;cr cf - the tree removal chapter (mcluding but not limited to removal or damage to, trees ' . . not approved for,removal) shall be sub1, ect to a civil penalty of up to=$50D _pursuant to Chapter 1.16 of the-Tigard 1lllunicipal Code and shall be required to`re'medy'any' ~ damage caused by the violation. Such remediation shall include, but not be limited ' . . to,thefollowing:_ , - . . - . _ 1. Replaceme't o ~ unlawfully removed ~or damage. ,d trees ; in.. accordance,:with ' Scc►icr 13.. 9C.,,60 D, ~f ,ha T;gard ~e, ~elcprn.,. Ccde;'and . 2. Payment of an addNional civil penalty representing the.estimated value of. -a . any unlawfully removed or damaged tree, as determined using- the most . current Intemational Society of Arboriculture's Guide for P-lant Appraisal. - . . . ,u... , • The applicant shall record a deed restriction (either separately or as part of the CC&R's). that _any tree _preserved or retained in accordance with the approved tree plan rriay be -removed onljr- 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. . . ' Vision Clearance: , ap er . 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 prrvate driveway. A visual clearance area shall contain no vehicle, hedge, pfanting, fence, wall structure, .signs, or temporary or permanent obstruction ezceeding three. feet in height. : . . , ' Construction- plans for'tfie sfreets will need to be reviewed and approved that satisfies the visual clearance'.~tequirements..- -.Subsequent grading _and vegetative removal may be imposed during infrastructure construction to assure that this standard is met. A note will be *placed on the final plat that .restricts fences to be placed in the visual clearance intersections of SW Anna Lane and the ' proposed private streets. FINDING: Based on the analysis above, the vision clearance criteria have not been met. If the ' . applicanf complies with the condition below, the vision clearance criteria will be met. CONDITION:A note will be placed on the final plat that restricts fences to be placed in the visual ~ clearance intersections of SW Anna Lane and the proposed private streets. C- STREET AND UTILITY IMPROVEMENTS STANDARDS (SECTION 18.810): ' Street And Utilitv Improvements Standards_(Section 18.810): ap er 18.810 provi es cons ruc ion s n ar s or e implementation of public and private facilities and ublities such as streets, sewers, and drainage. The applicable standards are addressed below: , . ~ Streets: ' Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. , Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Collector street to ' have a 70 right-of-way width and 46-foot paved section. Other improvements reyuired may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. ' NOTICE OF DECISION PAGE 23 OF 36 SU82004-00012 -GABRIEL WOODS SUBDIVISION , , • ~ . . , This site lies ad'acent to SW Barrow Road, which is classifed as a Collector on the Ci of Ti ard , Transpor'tation rlan ~iap. Ai present, ihere is approximateiy 37 feet ot ROW from the cente9ne, according to the most recent tax assessor's map: While no additional ROW dedication is required, ~ the applicant shall be required to record a non-access restriction along the site'"s- frontage of Barrows Road, except at the approved access location." :r~_•.~~-..~„~~..~:y~,~._u-~~ ~_._~,~.t,~~ .~z..:~~.~_:.~. ._~....u: _~.:_~x:,__ t.-..4,w_....~.:~.~._z::y.,;::,:- . SW Barrows Road is currently a Washington CounMCV0 ACO) facility. In order to mitigate the impact from this development, the applicant shafl obtain a Facility Permit for improvements along the Barrows Road frontage. . . . - - _ . - . . . . y., _ . . _ - The. subdivisi n i clu~s-const~uction ~-of -a -public; ~`local` -street,'~Anna~~~Lane. The applicant has ' proposed-a 50 foot ROW, for a'local street with <500 vehicles per day.. Based. on. an average of 10 ,vehicle trips per day per household, the development will create approximately 250 additional vehicle trips per day. This meets the criterion for the reduced 50 foot ROW section. ' The aved width for Anna Lane is roposed to be 28 feet from curb to curb. The lans indicate there ' will be a 5 foot planter strip and 5 fPoot sidewalks'bn each 'side. '.=Parking 'is "allowed on one side only. The_permit drawings shall show "No Parking" signs installed on one side of Anna Lane. ' The applicant has proposed a reduced cul-de-sac ROW radius of 36.5 feet. The paved surface radius is proposed to be 30 feet to face of curb. The 'curb shall be mountable and the sidewalk shall be reinforced to handle the weight of a fire truck. The sidewalk in the cul-de-sac bulb will be curb- tight in order to provide the additional turning area for emergency vehicles. A letter of approval from the'Tualatin Valley Fi're Departmerit will be required for this reduced size cul=de-sac. . Future Street Plan 'and Extension of Streets: " Section 18.810.030.F states that a future street c' lan shall be fled which shows the Qattern of existing and proposed future streets from the oundaries of_the proposed.land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be.extended to ' the-[iounda ry~` -lines of the tract'to tie developed and'a'barricade shatl 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 i which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the. street construction cost. Temporary hammerhead turnouts or temporary cul-de- sac bulbs shall be constructed for stub streets in excess of 150 feet in length. , The applicant has stated that due to existing development on all sides of the project there is no opportunity for a future street extension. They have proposed construction of a cul-de-sac at the end of Anna Lane, as required for the termination of a public street. , Street Alignment and Connections: Section 1.8:810.030.H:1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, ' railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to IVlay 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not ~ permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not ' precluded by environmental or topographical constraints, existing development patterns or strict adherence to- other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. ' Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. t NOTICE OF DECISION PAGE 24 OF 36 , SUB2004-00012 -GABRIEL WOODS SUBDIVISION • ~ • , The applicant has stated that an extension of Anna Lane is not feasible due to the existing development patterns. Staff concurs. ' Cul-de-sacs: 18.810.0301 states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater.than 20 dwelling units,.and shall only be.used .when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: . . VAtI cul-de-sacs shall terminate with a* tu'Maround. Use of turnaround configurations other than circular, shall be approved by the City Engineer; and : • The length,of the cul-de-sac shall be measured from the. centerline infersection point of ' the two streets to the radius point of the bulb, and p_ - ~.-.~:.a - ~ . . • If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street , . may be required to be provided and dedicated to the City. ,.,~T : ' The applicant has stated that the length of the cul-de-sac is approximately 300 feet.. This exceeds the 2 0 0 , foo t maximum leng t h; t here fore, an a djus tmen t is require d. T he app lican t has a lso s t a t e d t h a t the cul-de-sac provides access to 15 homes, but staff does not agree. All units will have to access. ' SW Anna Lane in order to reach Barrows Road: - . , The applicant shall apply for,: and obtain approval of, a Type II AdJ'ustment to the cul-de-sac length and numbe'r of units accessing Anna Lane. The applicant must obtain approval of this adjustment ' prior to the issuance of the PFI permit. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on ' arterials, 12°/a 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 deter mined by the City Engineer. Th~.r.~•'pro, ~p~.o.s:. .ed profil .es • _ . . for Anna Lane and the private streets ate much less than .12%, thereby ' meeting this criterion. ~ Private Streets: Section 18.810.030.T states that design standards for private streets shall be ' established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as.a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. ' The applicant has proposed two private streets in tracts. The applicant, s plans indicate that the tracts will be 21 feet wide to accommodate 20 feet of paving and 0.5 feet curbs on each side. The plans ~ also indicate that sidewalks will be constructed along one side of each private street. The sidewalks shall be placed in an easement. ' The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be senied by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC&R's) alon R~e, th thefinal plat that wilf clarify how the private property owners are to maintain the private streetThese CC&R's shall be reviewed and approved by the City prior to approval of the fnal plat. City's public improvement desig n standards require private streets to have a pavement section equal to a public local street. Tfie applicant will need to provide this type of pavement section. ' Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate buifding sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffc and , ~ recognition of limitations and opportunities of topography. " . Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except: Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; ' NOTICE OF DECISION PAGE 25 OF 36 SUB2004-00012 -GABRIEL WOODS SUBDIVISION . For blocks adjacent to arterial streets, limited access highways, major collectors or I raiiroads. I . For non-residentiai biocics in which internai pubiic circulation provides equivalent access. . . : , . _ ~ : , . No blocks are. created with this application. The'applicant has submitted a future streets plan that indicates future connections a're not possible. 'This standard does not apply. Section 18.810.040.13.2 also states that 'bic~ ycle ~and_ pedestrian .cQnnections on public ea`serrients-o"r right-of-wa y's sh~all 6e- provided.~wfien -full street connection is not possible. Spacing between connections shall be 'no more than 330 feet, except where precluded by enviroiimental -'or topographical constraints, existing "development paiterns; " or 'strict ~ adherence to other standards in the code: • • . _ _ - . . - _ . . - - The proposed public street (Anna Lane) is 300 feet in length. The Ionger of.:the. proposed private streets (the western private street ) is 1~97 feet in length. ~Therefore, this standard does not appfy. , Lots Siie and Shape: . Section 18.810.060(~A) prohibits lot depth from being more than 2.5 times the -average-tot width, unless the 'parcel is fess than 1.5 times the minimum lot size -of the applicable zoning district - ' The minimum lot. size of the R-25 zoning district is 1,480. square feet. Based on the standard above, none of the pt'oposed parcels'can be more than 2.5 times the average.lot width unless they are less than , 1.5 times the mirnmurn lot size (1,480 square feet). The largest of the proposed lots (lot #4) has an average lot width of 61 feet and a depth of 136 feet. Therefore, none of the proposed lots are 2.5 times the av.erage lot width. This criterion is satisfed. . . _ ' Lot Frontage:~ Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement In cases where the lot is for an attached single-family dwelling unit, ' the frontage shall be at least 15 feet. The proposed subdiv.ision is for attached dwelling units. According to the standard, attached units are required to have a minimum of 15 feet of frontage. The smallest of the lots (lot 20) has 16 feet of ' frontage. 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 applicanYs plans indicate they will construct sidewalks on both sides of Anna Lane and on one ' side of each of t(ie private streets. The applicant also indicates that they will construct sidewalk along the frontage of Barrows Road. The applicant has requested they be allowed to meander the sidewalk to save a tree alon the Barrows Road frontage. A planter stri is required, but a portion of the , improvements can meander to save the tree. The sidewalk tayout must be approved with the PFI submittal and the WACO Facility Permit. Sanitary Sewers: , Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the ' provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive ptan. Over-sizin9: 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. . , NOTICE OF DECISION PAGE 26 OF 36 , SUB2004-00012 -GABRIEL WOODS SUBDIVISION ~ • - - - • , The applicant has indicated that they intend to connect to the public sewer in Barrows Road to the north of the project site. The existing public sewer is maintained by the City of Beaverton. The applicant will be required to get a-sewer connection permit from the- City of Beaverton. The extension of the 8 inch sewer line to the seuth and then east into the project will require review and approval by CWS and the City of Tigard. The applicant will also need approval from WACO for utility work within the ROW. , ~".~..~T ~G:.:_Y`JLT32:- .''J},.-'.X:w"i=`t:;.._i.::i~_L`.,`w~.f'i'~+3.'-k .7.,:.:u,:-::^.;Y+ii1.== . . . _ '~=.u1~-f . + .....~L':'i. . Storm'Drainage: General Provisions: -.,Sectiori 18.810.100.A requires developers to make adequate provisions _ , for storm water and flood water runoff. ur:SY:1i q.;.ott:.".+^l."^...vYd~'';2 :.."v.X'.`S.-'.'..1. v'.v~ , :o' ^w» 4 S' T:• " .:...t` Accom'modaYion cf pstrzam Dra9rage: Sectian '98.890.'l00.C states that a culvert or othef . drainage. facility shafl be large enough to accommodate potential runoff ~from its entire ~ . . . ~ ~ "~y^: .~2 a_.. ucv2i,t'iN~i~2i•. T~~2 Cil~~ in22r s~~a, upstream drainage arza, cT i~~s7ul2 ot auwi.~ approve the necessary si iri~'~'i~Euize of .the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Ciean Water Services , in 2000 and including any- future revisions'or amendments).=-=- • , - J There are no upstream'drainage basin impacts on this project. . ~ -4 Effect . ~ . ..s~ * on" Downstream : Drainage:_ , .°.Sectiori 18.810.100.D states that. a .where~ it is 'anticipated by the City Engineer that the additional runoff resultinq'from the development will overload an , existing draina e facility, the Director and Engineer shall withhold approval of the development un~il 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 com leted a basin study of Fanno Creek and''adopted the Fanno Creek Watershed Management~Plan. PSection V.of that plan includes a recommendation that ' local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impecvious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developrnents adjacent to ' Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant has proposed to construct an on-site detention system within Tract G, thereby meeting this criterion. Final plans and calculations shall be submitted for review and approval by City ' Engineering staff. Bikeways and Pedestrian Pathways: ' Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the CitX's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. ' Barrows Road is a WACO facility. The applicant shall submit half-street improvements plans to WACO for approval of a Facility Permit. Bike lanes shall be included if required by the County. ' Utilities: Section 18.810.120 states that aII utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed , underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may, be placed above ground, tem porary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: The developer shall make all necessary arrangements with the serving utility to provide the underground services; . The City reserves the right to approve location of all surface mounted facilities; ' NOTICE OF DECISION -PAGE 27 OF 36 SUB2004-00012 -GABRIEL WOODS SUBDIVISION r ' . _ • - . ' ' . , ' . 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 ♦ jLUqS Tor service connections shail oe long enough to avoid disturbing the street._ -improvements:when- service-connectionsr-are made. .-:>craRyr .-~t~-1ni.+c= '~s7. etds-wr.+yrtxa ->t.r:.b !x~t+'vsrasaa6]: ka'Ja's1•t•..cntsrta-ctrWrl4Ceass3:i±.3--r..r. t "s.~-:.._:ie a asx -+lyx<.s '••,.a:l nt;-• s-:s _.r 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 devefopment and- the approval authority-determines- that the-cost and technicaf diffi'culty -of , under- rounding the utilities:outweighs the- beneft of under- rounding in con unction with-the : development. 'The determination shall be on a case-by-case~°basis: =~The~most common,ubut-3 not the- only, such situation is a short frontage development for which under-grounding would rssult 9n the placemer~t o# addifio~!a1 poles,'rather than the rem oval o# above-ground utilities facilities. An applicant for a development which is served by utilities <which are not ~.:r.der-roLnd an~~N~:ich arQ l^cate± across ap~:bl:c :;r!;t-of-.va;;,f;~~ t~z app;;~ar~'s ~;:~zrti ~ shall pay a,fee in-lieu of.under-grounding. _-j-~ . T-~: --___~_:~Y=:~.< ;rast. There are existing overheadutility lines alongthe-, frontage«of:SW Barrows Road. -1f the.fee in-lieu is proposed, it is equal to $35.00 per lineal foot of street frontage that contains~-the overhead lines. The ' frontage along this site is 130.62 lineal feet; therefore the fee would be $4,571.70. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT . , ~ , . , , . . . . . . . . . _ . . . . , _ 1 STANDARDS: Public Water S stem: e i o igar Provides service in this area. The applicant's plans show an 8-inch water line , extension from the~ line in Barrows Road to the east in Anna Lane. -The plans also show an 8-inch line in:'boW private streets: --A public watec line is not allowed outside of public ROW, ttierefore the meters for lots 16-25 must be placed in the ROW of Anna Lane. Storm Water Quali : . . . - - _ . - - - . - . . . . _ . ' e iy as agree o 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. 1 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 acceptin this facility as a public facility, the developer shall maintain it for a minimum of three years after cons~cuction is completed. The pond shall be laced in a tract and conveyed to the City on the final plat: The developer will be required to submi~annual reports to the City which ' show what maintenance operations were conducted on the facility for that year. Once the three-year maintenance period is completed, the City will inspect the facility and make note of any problems that have arisen and require them to be resolved before the City wilf take over maintenance of the facility. In addition, the City will not take over maintenance of the facility unless 80 percent of the landscaping ' is established and healthy. If at any time during the maintenance period, the landscaping falls below the 80 percent level, the developer shall immediately reinstall all deficient planting at the next appropriate planting opportunity. ' G LcM radin and Erosion Control: esign an ons ruc ion Standards also regulate erosion control to reduce the amount ' of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulatrons, the_ applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. , NOTICE OF DECISION PAGE 28 OF 36 ' SU82004-00012 -GABRIEL WOODS SUBDNISION V • . , 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 obiain an ' NPDES permit from. the City prior to construction. - This permit will be issued along with the site and/or building permit. A final grading plan'sfiall be submitted showing the existing and proposed contours. The plan shall ' detail the provisions for surface drainage of all lots, and-show that they will be graded to insure that . surface drainage'is directed to the street or a public storm drainage system approved by the Engineering Department.- For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate pnvate storm drainage lines -shall be_provided to_ sufificiently contain and convey runofF_ , from each lot. .The applicant will also be required to provide a geotechnical report, per Appendix Chapter~33 of the UDC,.for the aroposed graG'1Tig siuF'ic CuiSu'uCtiGil. Tiic icCvfiiiiiBCiCiatiuiiS vi C}i2 i2pv(t n2@d 4tv be incorporated mto the final grading plan and a final construction supervision report must be filed with.the Engineering Department prior to issuance of building permits. ' The design engineer shall also indicate, on the grading plan, which lots ~will have natural slopes between 10% - and 20%,.:as:well . as lots that wiil 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. • - : ~ ~ ° . . An NPDES 1200-C permit is required because more than 1.0 acre of the site will be disturbed. ~ Site Permit Re uired: e app ican is required to obtain a Site Permit from the Building Division to cover all on-site private utility installations .(water, sewer, storm, _etc.). _ and driveway construction. This permit shall be ' obtained prior_to approval of the fnal plat. . Address Assi nments: - e i o igar is responsible for assigning addresses for parcels within the City of Tigard and ' within the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. The developer will also be required to provide signage at the entrance of each shared flag lot ' driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. ' Survev Regu~irements The app i~antTs ina p at shall contain State Plane Coordinates [NAD 83 (91 on two monuments with a tie to the City's global positioning system (GPS) geodetic control nefinrork (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat ' boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: . GPS tie networked to the City's GPS survey. . By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's ' engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 ~91). I E. - IMPACT STUDY ec ion s tes 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 {he development. For each public facility system and type of impact, the study shall propose improvements , NOTICE OF DECISION PAGE 29 OF 36 SUB2004-00012 -GABRIEL WOODS SUBDIVISION , • ' necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property * users. In situations " where the Community Development Code_requires the dedicabon of. real. proQertY interests, the "applicant,"'shall 'either' specifcally -concur- with `a `requirement ~for -`public right-of=way" ' dedication, or provide evidence that supports the conclusion that the real- propeity dedication requirement is not roughly proportional to the projected impacts of the development. . ~ z~a.:~'3:x-'.5.1~.:.Y:A. _.37.:S.z_"Xn:.Tw-'1.s••••-•.••u'7~Y:.+2 , 93Y.zcf CK7:s.sa-:tzs::. ~,.'K'-_~r-sJ:;..ac.+s.wt.-w__«}.a.... .-:.-...r- ' ..~..V . .A ' Section 1_8.390.050_states.that'when a condition of_approval requires the.transfer to the public of an interest in real property, the approval authority shall adopt findings which support the concCusion that theInterest m'real property'to be, transferred is -roughfy proportional to'the _ impacttfie`proposed "developmenfwill have on the public:"'~ _~~`":tt.'° Any rec uired s'Lreet imp roveme rits to cetain collector or hi her volume s~reets and the Washingtan . County Traffic Impact Fee (TIF) are mitigation measures tha~ are required at the time of development. cased on a transportation impact study prepared by 1v1r. David Larson fior the A-boy ExpansioniGoian ' II/Resolution 95-61,'- TIF's 'are .expected to recapture 32 percent of the traffic impact of new development on the Collector and *Arterial. Street ~`system. "Presently;-':the =TIF for a detached, - single-family dwelling is $2,530. , •._.r . ` - ' : . .7' . ' The internat. streefs viwithin the. subdivision are needed to allow the subdivision fo 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 private streets is directly proportional to the cost of ' dedication and construction of the internal streets. UPon _completion of this development, the future builders of-the residences will be required to pay TIF s totaling approximately $63,250 ($2,530 x 25 dwelling units). Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $197,656 ($63,250 divided by .32). The difference between the TIF paid and the full impact, is considered as unmitigated impact. Since the TIF paid is $50,600, the unm.itigated impact can be _ valued at $134,406 ($197,656 -$63,250). Given that the estimated cost of the half-street improvements on SW Barrows Road is $20,000, the value of these improvements is less than the ' value of the unmitigated impacts, the exactions are proportionate. ' SECTION VII. OTHER STAFF COMMENTS I City of Tigard Police Department has reviewed the proposal and has no objection to it. , City of Tigard Public Works Department has reviewed the proposal and offered the following comments: • Possibility of eliminating Water Quality Facility, routing storm water on Anna Lane to a vault ' possibly using tract "B". . The water system will need redesigned so that no public water lines will be located in private streets. , City of Tigard Urban Forester has reviewed the proposal and has offered the following comments: LANDSCAPING AND SCREENING , 18.745.030.C, Installation ReQuirements The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures. ' 2. Tne piant material sha11 be of high grade, and sha11 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 of this title. NOTICE OF DECISION PAGE 30 OF 36 ' SUB2004-00012 -GABRIEL WOODS SUBDIVISION ~ ' , . • . ' The accepted planting procedures are the guidelines described in the T.igard Tree Manual. These , guidelines follow those set forth by the International _Society of Arboriculture (ISA) tree planting , guidelines as well as t~he standaeds set forth in the American Institute of Architects' Architectural Graphic Standards, 10 edition. in the Arcnitecturai Graphic Standards there are guidelines Tor selecting and planting trees based on the soit volume and size at-maturitv:MAdditionally; there are directions for4soil amendments.andlmodifcations.- _ . _ . . _ - - In order to develop tree species diversity onsite it is recommended that the- following guidelines be followed: , ~ - . _ . _ _ ..r . . . , . , . . _ . . . . . . _ . , . . . . No more than 30% of any one family be planted onsite. ' No more than 20% of any one genus tie planted, onsite. . . ' , , . . . . • . 'No more than 10%. of any one species be planted onsite. . , 18:745.030.E Protection of E istin Landsca in Existing vegetation on a, site shall be protected as muc as possi e: - . , , . . . ~ M . - _ ' 1.-:. ;.:;,'The.devefope't ~sf~al( provide 'methocls'for the protection'of existing vegetation to remain duririg th~e'constr u'ction 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). . . _ . See comments under "Tree Removal". . 1 18:745.030.G Conditions` of A 'roval of Existin , Ve etation.: . The review procedures and s n ar s or require an scaping an screening s a e specified in the conditions of appr.oval during development review and in no instance shall be less than that required for , conventional development. - - • See recommended'*conditions of approval at the end of this memorandum. . , 18:745.040 Street Trees ro ec ion • existin ve etation. All develo'ment pro ects fronting •n a public street, private s ree or a priva e rrveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in 5ection ' 18.745.040.C. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These ' guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as e standards set forth in the American Institute of Architects' Architectural Graphic Standards: 10h edition. In the Architectural Graphic Standards there are guidelines for ' selecting and planting trees based on the soil volume and size at maturitv. Additionally, there are directions for soil amendments and modifications. In order to develop tree species diversity onsite it is recommended that the following guidelines be ' followed: . No more than 30% of any one family be planted onsite. No more than 20% of any one genus be planted onsite. , No more than 10% of any one species be planted onsite. 2. TREE REUIOVAL t 18.790.030, Tree Plan Requirement A. Tree lan re uired. A tree plan for the planting, removal and protection of trees prepare y a ce i ie ar orist shall be provided for any lot, parcel or combination of lots or , parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal ' wherever possible. NOTICE OF DECISION PAGE 31 OF 36 SU82004-00012 -GABRIEL WOOOS SUBDIVISION . - - - • • ' . _ . 1 B. Plan requirements. The tree pian shall include the following: 1. (dentifcationof 'the location, 's9ze-and spsc9As of all exis#ing trsa's including #rses designated as`signifcanf by the.city;--- 2. Identification of a program to save existing trees or mitigate tree removal oVer 12 inches ~ _in. caliper. .Miti ation must follow the replacement guidelines of.Section 18.790.060D, in accordarice wi~' tFie-following: standards and_'sh41l"_-6e ezclusive of'trees` -required by--- other development code provisions for landscaping, streets and parking lots: . , : . . . . ' j..... ..'..,:.i"wcf.:'•':1 Ea. Retention of less than 25% of ~existing'trees°over 12 ~inches~in ~cr rec~uires a-~ I mit-r~atian pr-gram in accorwanc2 .vi~r S2c:i&r~ 78.?90.360D of na n2t lcss 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.;.fcom 50% to•75% of existing trees over 12. inches in caliper requires ' that 50 percent of the trees to be removed be mitigated in. accordance with Section 18.790.060D; : d. ,Rete~tion, of 75%zorgreater of existing trees,over 12 inches in.caliper requires no mitigation. 3. Identification of all trees which are proposed to be removed; 4. A protection program:defning standards and methods.that will be used by the applicant ' to protect trees during and after construction: As required, the applicant submitted a tree plan that was conducted by Slephen Goetz. . The plan contains four out of the four required components of a tree plan, and, is therefore, acceptable. ' However, I strongly disagree with .the, project arborist's recommendations :for the use of 23-0-0 fertilizer to be applied to the trees that suffer from construction impacts. Before any type of fertilizer is added to the soil I strongly recommend a soil test to determine what the make-up of the soil is, and how to best use soil amendments so the trees can maximize the benefits of any supplements. ' Adding any type of fertilizer is unjust unless a defciency of certain nutrients exists. Once a soil test has been completed then fertilizers can be considered, but only to help the trees recover from construction trauma. Nitrogen, if deficient in the disturbed soil, can be used to promote root and ' shoot growth. It should only .be added, though, if necessary. The use of fertilizers, when unnecessary, can have adverse effects on the trees such as root and foliage burn, reduction of tolerance to environmental stresses, increase susceptibility to certain insects and contaminate local ' water resources. If the pro1. ect arborist wants to promote root growth I suggest adding supplements to the soil that are beneficial to the roots such as mycorrhizae. Oftentimes, construction impacts such. as soil compaction or grading can render the existing mycorrhizae in the soil useless. Adding these fungi to ' the soil can have very beneficial effects for the trees. . Street Trees: The applicant must change the species of street use to avoid using Acer p/atanoides of ~ any kind. This species of maple is not on the street tree list and may not be used as a street tree. If construction does occur within the driplines, the Project Arborist must explain or set guidelines for how the tree roots will be protected. ' Any tree that is located on property adjacent to the construction project that will have more than 15% of its root system disturbed by construction activities should be protected . These trees should be ~ identified, and a lan on how to protect the trees' critical root zones should be completed. I recommend the fofplowing if there are trees on neighboring properties that should be protected: . , ' NOTICE OF DECISION PAGE 32 OF 36 ' SU82004-00012 -GABRIEL WOODS SUBDIVISION ~.0 0 . , A note shall be placed on the final set of plans indicating that equipment, vehicles, machinery, grading, dumping, storage, burial of debris, or any other construction-related activities shall not be focated inside of any tree protection,zone or outside of the limits of disturbance where other trees are , beirg protected. .r _ . . . . . . All tree protection devices shall be: , . _ Visible. . a:. . . - . . . . . ~ _ : _ . . - . - ~ . . . . , , _ . _ . . , . , . . Constructed of 11 Gauge steef chain-lirik fencing 'supported on at least 2" O.D. steel posts. _ Each post shall be no less than four feet high from,_the top of g~rade. Each post shall be driven ' into. tfie.ground to a depth of no less_tfian finio and a, half feet-below grade. Each post shall be spaced no further aparf than four feet: . cetween each pos;, securzly attached ;o the c!;ain-lir!c fencir,g, sha!( be a sign indicating that • the area behind the fencing is protected and no construction activity, including material . storage, may occur behind the fencing.:: ..Inspected and,approved iri the feld by the,project arborist and City Forester prior to clea'ring, gradin,g, or the beginning of construction. . Remain in place and maintained until all construction is comp(eted and a final inspection is ' conducted. To determine the size of the tree protection zone (TPZ) the project arborist should fo(low the ' guidelines listed below: _ ~ . - - - , • For individual trees follow the trunk diametec. method. For every one-inch of diameter at breast , height~DBH), or 4'/z feet above the ground, allaw 12 inches of space from the trunk of the tree. or example, a tree that is 15" at DBH must have at least 15' of tree protection zone around the entire canopy of the tree. • For groups of trees the tree protection zone must be outside of the drip line of the trees on the , edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the trunk diameter method or the drip line method, whichever is greater. . Calcufate and follow the Optima! Tree Protection Zone calculation as shown 'in "Trees and Development: -A Technical Guide to Preservation of Trees During Land Development" by ' Nelda Matheny and James R. Clark. . The pro1'ect arborist may propose an alternate method for the establishment of the TPZ, provided the effort is coordmated with the City Forester.. ' If it is necessary to enter the tree protection zone at any time with equipment (trucks, bulldozers, etc.) the project arborist and City Forester must be notifed before any entry occurs. Before entering the TPZ, the project arborist and City Forester shall determine the method by which entry can occur, ' along with any additional tree protection measures. Prior to issuance of building permits, the Project Arborist shall submit a final certification indicating the elements of the Tree Profection Plan were followed and that all remaining trees on the site are ' healthy, stable and viable in their modified growing environment. . RECOMMENDED CONDtTIONS OF APPROVAL: . ' 1. The applicant shall submit a final Tree Protection Plan that shows exactly how far the tree protection fencing will be from the face of each protected tree (including those on neighboring properties where construction occurs within the trees' driplines) that will be impacted by , construction activities within its dripline. The applicant, through their Project Arborist, shall justify the close proximity of the construction activities to the trees. He shall certify that the activitles will not adversely impact the overall and long-term health and stability of each tree. Any construction that occurs within the neighboring trees' driplines should be ustified by the ' applicant and approved by the Ci Forester and neighboring property owner~s). Work may proceed within the driplines only w~t the approval of the City Forester. NOTICE OF DECISION . PAGE 33 OF 36 SU62004-00012 -GABRIEL WOODS SUBDIVISION • . ' 2. The Project Arborist shall submit written reports to the City Forester, at least, once every two weeks, as he monitors the construction 'activities and progress. These reports should include " any -changes - that occurred,to the 'TPZ as well as the .condition.. and -location-of- the tree pratection fenc,ng. If the amcunt of TPZ was reduced then the Project Arborist shall j'us;ify why the fencing was moved, and shall certitalth hat the construction activities to the trees did not adversely impact the overall and long-term 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 Pr.otection Plan is not being. :fofl.owed by the contractor, the City can stop work. on the project: until an inspection. can _be done _by the City Forester and the Project Arboi-ist:;;This inspectioR,will be to evaluate.the'tree profection~fencmg, determine if the~fencing j ..7__J. J (.df •r . , was moved~ at anypoint du~ing' construction;'and determine ~if any part of the Tree. Protection Plan has been violated. .3. Prior to issuance of building permits the ProJ'ect Arborist shall submit to the City-Forester a final . report describ.ing how the Tree Protection Plan was implemented and detailing any failures to comply with the Tree Protection Plan. The report shall_ also describe the health of all remaining ' trees.on the site, with details provided as to any tree thaf fias had its root system disturbed or that has otherwise been damaged. , SECTION VIII. AGENCY COMMENTS Oregon Department-of Fish and Wildlife has reviewed the proposed and has no objection to it. ' Beaverton School District #48 Demographics and Planning Department has reviewed the proposal and offered comments. , . . -:....a ~--op'-.. ..-.~.a . . . ' . • Comments can be found under the Request for Comments tab located in the land-use file. City of Beaverton Planning Manager has reviewed the proposal and has no objection to it. ' Tualatin Valley Water District has reviewed the proposal and has offered no objection to it. Tualatin Vatley Fire and Rescue has reviewed the proposal and offered the following comments: ' Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is ' required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. (UFC Sec. 902.2.1) No turnarounds will be required at the ends of the private access roads. The intersections ' with Anna Lane will provide the required turnarounds. . When buildings are completely;'protected with an approved automatic fire sprinkler s stem, the , requirements for f'ire apparatus access may be modified as approved by the Chief. ~UFC Sec. 902.2.1 Exception 1) ~ . . Where there are 25 or more dwelling units, vehicle congestion, adverse terrain conditions or other , factors as determined by the Chief of the fire department not less than two approved means of access shall be provided to the city/county roadway or access easement. Exceptions may be allowed for approved automatic sprinkler system. (UFC Sec. 902.2.1) ' . Fire apparatus access roads snall nave an unobstructed width of not less ihan 20 feei (15 feei for one or two dwelling units and out buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. (UFC Sec. 902.2.2.1) ' NOTICE OF DECISION PAGE 34 OF 36 ' SU82004-00012 -GABRIEL WOODS SUBDIVISION r,. Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 50,000 pounds, live lorad. (gross vehicle weight). ~You. may need. to provide documentation ' from a registered. engineer that _ the design will be capable of supporting such loading. : Documentation- from -a registered.engineer.that-the fnished construction'is in..accordance wittv the approved plans or the requirements of the Fire Code may be requested. (Design criteria on'back) (UFC Sec. 902.2.2) . . . . . . .i~" ° ' " " ' " ' ' " _ ' _ _ _ _ ' _ ' ~ • . _J• r. , . . . . ' . radius shall be" not less* tFian 25 feetI and 45 feet . The inside.turningradius and oufside.turning.` respectively, "measured from-~the sarrie center point.' (UFC Sec.~ 902.2.2.3) -,(See diagrams jon ' -back): :L . Wherefre apparatus roadways'are not of sufficienf width to. accommodate parked vehicles and 20 feet of unobstructed driving surFace, "No Parking° signs shall be installed on one or both sides of , the roadway and in tumarounds as needed. UFC Sec. 902.2.4) Signs shall read "NO PARKING - ~FIRE LANE; -_TOV~I AWAY ~ZONE, :ORS- 98.810 - 98.812". and shall be installed with a clear. space above g*rade level of 7 feet. 'Signs shall be 12 inches wide by 18 inches fiigh and shall have black or'red-letters and border on a white background. .(UFC Sec. 901.4.5.1) . . . . .h sides of their entire /ength. The private drives shall both be posted as fire lanes on" bot, ' ~k?r~a':'i„C:--"-•'"'Z::•~_^: .c.. . '.T Private fire~~apparafus access roadway grades shall not exceed~ an avera ge grade of 10-0ercent ' with "a-maximum --g rade ~ofi~~15--percento or len ths of- no more than 200 fee}.~~ Intersections and . turnarounds shall be level (maximum 5/o) with~he exception of crowning for water run-off. Public streets shall have a maximum grade cf 150,10. (UFC Sec. 902.2.2.6) , : . < f ,e.,:. . . . . . . . _ . Fire hydrants for single family dwellings, duplexes and 'sub-divisions, shall be placed at each intersection. Intermediate fire hydrants are req uired if any portion of a structure exceeds 500 feet from a hydrant at an intersection as measured in an approved manner around the outside of the ' structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2) Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. (UFC Sec. 903.4.2.4) • Fire hydrant locations shall be identified by the installation of reflective. markers. The markers , shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3) The minimum available fire flow for single family dwellings and duplexes shall be 1,000 allons per minute. If the structure (s) is (are) 3,600 square feet or larger, the required fire flow s~all be determined according to UFC Appendix Table A-III-A-1. (UFC Appendix III-A, Sec. 5) Approved fireapparatus access roadways and fre fghting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) , SECTION IX. PROCEDURE AND APPEAL INFORMATION ' Notice: otice 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 1 . , NOTICE OF DECISION PAGE 35 OF 36 SU62004-00012 -GABRIEL WOODS SUBDIVISION • • . . • ' , • i • ; ' . _ Final Decision: - . . . . - . . . . - _ . . . . THIS DECISION IS-FINAL~ON DECEMBER 7;-2004 AND,.,: _ ~ p... . FFFECTIVE OW DECE1flBEti 22, 2004 UNLcSS AiV. APPEAL IS FiLED. ' Appea~l: The. Director's Decision is fnal on the date that _itis mailed. _Any pa _ with.standing as provided in Section 18.390.040.G.1. may appeal this"decision in accordance withection 18.39Q.040.G.2.,of the Tigard Community Development-Code which provides,that a written appeaF fogether with theirequired fee shall be fled with the Director within ten ('f0) 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. '.».-`.-."c . ' a, , ad. . Unless the applicant. is the"appellant, the`hearing on an -appeal from~~.the Director's "Decision shall be confned. to,tiie. specifcy issues ident~ed in the' written- comments submitted by the parties during the , comment period. Addkional evidence: conceming issues properly raised. in the Notice of Appeal may be submitted by any party during the'appeal hearing;~ subject to any addrtional rules of procedure that~ may , be adopted Y~rom4time to time by the appellate body. . 1:71'4{THE DEADLINE FOR FILING. AN APPEAL IS 5:00 PM ON DECEMBER 21,.2004. Questions: Tf o~y~ ~f ve any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard; Tigard, Oregon at (503) 639-4171. ; . , . , December 7, 2004 . PREP athew c degger DATE Assoc ate lanner ' , December 7 2004 ' APPRO ED BY: Richard Bewers DATE ~ Planning Mana i:\curpln\mathew\sub\sub200400012(Gabriel Woods)\sub2004-00012decision.doc ' ' 1 NOTICE OF DECISION. PAGE 36 OF 36 ' SU82004-00012 -GABRIEI. WOODS SUBDIVISION • . 1 . . . ~ ~ • l Sw CITY of TIGARb OEOON~PMICINFOAM~T~OH SYl1EV ~ YIC1N1'y . aOa SUB2004-00012 o~-n) ; ~Y• ~ WAR2004 00055 VAR2004-00085 GABRfEI WOQDS CE`° SUBD{VISION D~ O . . • ~ ~ . 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CITY 0f GABRtEL WOODS;SUBDlY1S10N S,ITE P1.AN ~ - _ Ma is not to scale ~ i 1 1 1 1 . i . . 1 ~ Exhibit C ~ City of Tigard Land Use Permit Application ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ • - - • _ PRE,APP. F$1D BY.6 . v:~:l~l(~~0 R ~ ~ ~ " ~ ~ ~ ~ D~P =N ' i ~q~~ a~~ ~ ~,13'125=SVWH~ iC~:$Q i~E1'l~4~GA ; x R~~R ~7I, ~3 9 ~~rrY ~ y,,- ; t~~ ~~~y~y d ,,~a,~~,~„C!~~,.A„~4 •~,~.}.t. < .~,3' .t;ym.~ ;,:5~„ k„-r . ~Ji~g,~' • _ ~r~~~ ~ CITY OF TIGARD ~ OAEGON r!~,.". ~>+h .Y i.€~ifjk Y `I "_yt .~~F ~;i _ `~k rd.~'"'` ia~;y;,,3 `~~{~.w5a..~.~ ~`i ;;,,,.,.+s' .y~ ~ ~{~~,~~~y~y~.~j~''^' . . , . . q . . • p .,r".3.~~'~ice`-~ ~k~ra.i's+^an.nc-~e d~~!~t~n. . . .ta . " ' - e~td: f~ "±,:t;.~~~ `•'i^a..t~+~'.~A$Dal~ ~rn,~ Y'.W.v:.`..:,:n, ~ r~' i~ ' . . . . . . . . ~ ~ . ~ . . . - . . - . - . - . _ _ _ .TYP~ OF PEl2!lA1T Y~l! AR~ ~A~P~YlNG FOR . . . . _ , . . . . _ . . . ~ . AdjustmenWariance (I .or II) ❑ Minor Land Partition (II) . ❑ Zone Change (III) Comprehensiye Plan Amendment (IV) ❑ Planned Development (III) Zone Change Annexation (IV) ❑ Conditional Use (III) _ _ . ❑ Sensitive.Lands:Review (I, II or III) • Zone Ordinance Amendment (IV) Historic Overlay (II or III) ❑ Site Development Review (II) ❑ Home Occupation (II) ~ ~ ~ ~ ❑ Subdivision (II or III) ' ress i avai a e _ 13900 SW Barrows Road, Ti ard, OR 97223 , Tax Ma 1 S 1 33CA, Tax Lot No. 2100 1.92 Acres R-25 Bar Sandhorst - Windfall Desi n and Construction, Inc. ' 23281 SW Bosk Dell Lane, West Linn, OR 97068 ' 503 638-5068 503 638-6122 . pp ican s epresen a rve Lee Lei hton, AICP - Westlake Consultants, Inc. 503 684-0652 ' ac is i more an one Bar Sandhorst - Windfall Desi n and Construction, Inc. ' 23281 SW Bosk Dell Lane, West Linn, OR 97068 ~ 503 638-5068 503 638-6122 'When the owner and the applicant are different.people, the applicant must be purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The~ners must sign this application in the ' s ace rovided on the back of this form or submit a written authorization with this a lication. ease e speci ic Street Im rovement Ad'ustment to the cul-de-sac len th and number of units accessin the rima access street. , • Cul-de-sac len th: a roximatel 300 ft. • Number of units accessin street: 25 dwellin units. Clarification to the Landsca e Plan of Case file #SUB2004-0012, VAR2004-005, VAR2004-00085. ' APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. . • • ~ T~r • nI1' %Ift. r► ~v 11 \IT~Ia~~n 7 11 1 1 I~r~ T , ~ rr i ~ .\I T~r-~ ♦ r~ T, ~ i~t r~rr ~~r+~~ ~.cr~ i. _ _ . _ , _ , . . . • - _ _ _ _ ;.._.N.~- _ - _ . . . . . . . . . . , . . . . , . . ~ ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the. terms and subject to all the conditions and limitations of the approval. . .ex:.-~~7,..cv-•_.>+:t....... ..nwc+.a.r-e~.:+r...-.w„xns.-e~,..vi:--~aea,•c•:-a•-.ne:t:<.ia..R...:.w.• rr,t'a:--:...rr_•:.:..:"~ . y ~ . _ . . . .ar_° . . . . . . . . . , . - , . t. :Y4 - . . . .=.All.the above statements and the statements in the plot plan, attachments, and.exhibits _ transmitted herewith, are true; and the applicants so-acknowledge that.an.y..permit issued, based . on this application, map be revoked if, it is found that any such statements are false. _ .....i.+o:i.s: ~ r.a>~:r__ss.sx~i.„-a- n-?-xti. _c-s.-:*rm.n.--r.+.--.v-,i1, :"r .-a.~ e...w-.:c~„~--nr-~- { a... _ i The a~ppl'icant has read the entire contents of ttie applicafion, including the policies and criteria, , and understands the requirement0or'approving or denying the application(s). . , „ _ . : : . . . r ' ' SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. - . . . , Owner's Signature . Date ' Barry Sandhorst - Windfall Design and Construclion, Inc. ' Owner's Signature Date . ' Owner's Signature , Date ' Owner's Signature Date ' ~ Owner's Signature Date ' ApplicantlAgent/Representative's Signature Date ' Lee Leighton, AICP - Westlake Consultants, Inc. . . A IicanUA ent/Re resentative's Si nature ' pp g p g Date ' ~ • • ~ t " . ' ~ , , Exhibit D ~ Pre-Application Conference Notes ~ ~ , ~ ~ r . ~ i ~ , FW--aP. Wa aE , _ - - - . - - APPUCANT: AGENT: ~ L~'c~~o~J , , - Phone: (sofl tpj g- s o&p Phone: PROPERTY LOCATION: - ADORESS/GENERAL LOfATION: /?900 StJ BAizROCJ.; Ra';n . TAX MAP(S)/LOT #(S): • /S/ 33 G~ - r}~iC~ . NECESSARY APPLICATIONS: 5 cIQ oo 0~0 c, 501rz. PROPOSAL DESCRIPTION: parx+.s,~L 76 1.2 ac: e le , t / s • ff11r~[~, rl/!iTS . COMPREHENSiVE PLAN. MAP DESIGNATION: - aS A s;rr_--,,,-:Ai ZONING MAP DESIGNATION: ~ . CITIZEN INVOLVEMENT TEAM (C.I.T.) AREA: ZONIN6 aISTRICT OIMENSIONAI REQUIREMENTS [Refer to Code Sectian 18. 5(c) MINIMUM LOT. SIZE: I1 q~0 sq. ft. Average Min. lot width:- - ft. Max. building height: ft. SeWacks: Front .15 ft. Side S ft. Rear 15 ft. Corner 6 ft. from street. MAXIMUM SITE COVERAGE: '30 % Minimum landscaped or natural vegetation area: 20 ~ GARAGES: ft. . NEI6HBORHOOU MEETINC [Refer to the Nei hharhood Meeti ~ 9 ng HandouU THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS , OF ANY LAND USE SUBCOMMITTEE(S), AND THE CITY OF TIGARO PLANNING DIVISION of , F their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting ' notice. Meetinq is to be held prior to submittinq vour application or the application will not be accepted. " NOTE: ' In order to also preliminarily address building code standards, a meeting with a Plans 'Examiner is encouraged prior to submittal of a land use application. CITY OF TIGARD Pre-Applica6on Con(erence Notes Page 1 of 9 ' ResidenGal AppkcatioNPlannirg Oivisian Sec6on t . . ~NABRATIVE [Refer to Code Chalb 18.3901 1 • , The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicabie appcoval standards. Failure to provide a naRative or adequately address criteda would be reason to consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. [2/1MPACT STUDY [Refer to Code-Secdons 18.390.040 and 18.390.0501 . . , As a part of the AP°IL-ICATlON SUBMITTAL REQUIREMENTS, applicants are required to lNCLUDE , AN IMPACT STUDY with their submittal package. The impact study shall quantify the e ect o the ' development on public facilities and services. The study shall address, at a minimum, the ~ transportation system, induding bikeways, the drainage system, the parks system, the water system, the sewer_system and the_noise impacts of_the deyelopment For each public faciiity system and type. of impact, the study shall propose improvements necessary to meet City standards, and to rriinimize the impact of the development on the public at. larg e. public facilities systems, and affected private i proPerty users. In situations where the Community Development Code requires the dedication of real ■property interests, the applicant shall either specifically concur with the dedication eequirement, or . proyide evidence which supports the conclusion that the real property dedication reqwrement is not • ~roughly proportional to the projected impacts of the development. , IdACCESS [Refer to Chapiers 18.705 and 18.7651 ~ Minimum number of accesses: Minimum access width: 36115 Minimum..pavement width:a~ t S' ❑ WALKWAY REQUIREMENT'S [Referto Cod hapter 18.105I Within all ATTACHED HOUSING except two-family dwellings) and multi-family developments, each ; residential dwelling SHALL BE ONNECTED BY WALKWAY TO THE VEHICULAR PARKING AREA, COM'MON OPEN SPA AND RECREATION FACILITIES. . ~ . [RESIDENTIAL BENSITY CAICUlATION [Refer,to Code Chapter 18.7151- SEE E)(AMPLE BELOW. ~ The 'NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the nef ' area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s) from the gross site area: ~All sensitive lands areas includinq: ~3, 5 9'7 , ➢ Land within the 100-year floodplain; - tS/° mJ~~'~ rn'd~ ' Slopes exceeding 25%; ➢ Drainageways; and ➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. ' Pubiic riqht-of-way dedication: ➢ Single-family allocate 20% of gross acres for public facilities; or ➢ Multi-family allocate 15% of gross acres for public facilities; or ~ri -rvAy- ~ ➢ If available, the actual public facility square footage can be used for deduction: ~ . . 3 d - fVt, r~.. 1. - D(AMPlE OF RESIOEtIT1Al DENSITY CALCULATIONS: ' EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE (3,050 MINIMUM LOT SIZE) WITH NO DEDUCTION FOR SENSITIVE LANDS Single-family Multi-Family ' 43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area 8.712 sq. ft. (20%) for public riqht-of-waY ~ 6,534 sq. ft. (15%) for public riQht-of-way , NET: 34,848 square feet 1lET: " 37,026 square feet 3.050 (minimum lot area) _ 3.050 (fninimumL2tpreg) t14 Unita Per Acre 12.1 Units Per Acre Tde Developmeat Cade reuuires that the net site area wdufar the nextwhola dweUing unit NO 80UNOIN6 UP IS PEBMITTEO. llQNmnm ProiectUensial is 809G of the makmum allowed densid. TO OEl'ERMIi1E THIS STANOARB; MULi1PLY fl1E MIWMUM NUMBER Of UNRS BY.B. ~ CITY OF TIGARD Pre-Application Conference Nctes Page 2 of 9 Resfeential,4ppicasoNPlaneu,y Oivis;on seceon i ❑ SPECIAL SETBACKS [Reter to ta Secdoa 18.7301 ~ . ➢ STREETS: eet from the centerfine of ➢ FLAG LOT: A TEN (10)-FOOT SI YARD SETBACK applies to ali primary structures. ➢ ZERO LOT LINE LOTS: A. mi imum of a ten (10)-foot separation shall be maintained ~ between each dwelling unit or g age. ➢ MULTI-FAMILY RESIDENTIA btiilding separation standards apply within multiple-family - ' residential dev.elopments. ACCESSORY STRUCTURES UP O 528 SQUARE FEET in size may be permitted on lots less ~ than 2.5 acres in size. Five (5)-fo t minimum setback from side and rear lot lines. ACCESSORY STRUCT/URE T0.1,000 SQUARE FEET on parcels of at least2.5 acres in'size. ' . [See applicable zoning dise primarystruetures'setbaek r equirements.l ftAG LOT BUILDIN6 HE16NT PtRefer to Code Chapter 18.7301 MAXIMUM HEIGHT OF RIES or 25 feet, whichever is less in most zones;: 2'/z stories, or 35 feet in R-7, R-12, R-25 zones provided that the standards of Section 18.730.010.C.2 are ~ satisfied. ! . ~ • . Q BUFFERIN6 AND SCREENIM6 (8efer to 6ode Cdapter 18.1451 , in order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE ~ OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer ' areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of ' deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and . ' . horizontal plantings. Site obscuring screens or fences may also be required; these are often , advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and.walkways. Additional information on required buffer area materials ~and sizes may be found in the Development Code. . The ESTIMATED REQUIRED BUFFERS applicable to vour proposal area is: , Buffer Level ~ along north boundary. Buffer Level - along east boundary. Buffer Level along north boundary. Buffer Level - along east boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: PPIr10C Are~~~ ' ~~~uSe fl [LUUSCAPlNG tRefer io Cade Chapters 18.145, 18.165 aad 18.7051 , STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must . be placed either within the public right-of-way or on private property within six (6) feet of the right-of- ' way boundary:. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations ' affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED ' in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. F ~Q/ RECYCLlNG ARefer to Code Chapter 18.7551 , Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within ' Pride Disposal's Service area. Lenny Hing is the contact person "and can be reached at (503) 625-6177. ' CITY OF TIGARD Pre-AppGcation Conference Notes Page 3 of 9 Residen6al MP6ca&o~wnin9 Oivivon Sectian I : [o/PARbN6 [Refer to Code Chata 18.165 a 18.1051 0 . ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED. , , ➢ Single-family............ Requires: One 1) off-street parking space per dweliing unit; and One ~1) space per unit less than 500 square feet. ➢ Multiple-family.......... Requires: 1.25 spaces per unit for 1 bedroom; ~ 1.5 spaces per unit for 2 bedrooms; and 1.75 spaces per unit for 3 bedrooms. Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED ; . . AS COMPACT SPACES. Paricing stalls shall be dimensioned as follows: ' ➢ Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches. j: ➢ Compact parking space dimensions: 7 feet. 6 incfies X 16 feet, 6 inches. ➢ Handicapped paricing: All parking areas shaQ provide appropriately located and dimensioned 1 disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilr6es Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. , Q~ BICYCLE RQCKS [Reter to Code Secdon 183651 . BICYCLE RACKS are required FOR MUI.TI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. , ❑ SENSITIYE LANDS (Refer to Code Chapter 18.715) The Code provides REGULATIONS FOR LANDS ICH ARE FOTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN', NATURAL DRAINAGEWAYS, WETLAND AREAS, ON S PES IN EXCESS OF 25 PERCENT, OR ON ' UNSTABLE GROUND. Staff will attempt to p liminary identify sensitive lands areas at the pre-. application conference based on available inf ation. HOWEVER, the responsibilitY to preciselY ! identi sensitive land areas and their bou daries is the res onsibilit of the a licant. Areas , meetin the definitions of sensitive lands ust be clearl indicated on lans submitted with the development application. ~ Chapter 18.775 also provides regulatio for the use, protection, or modifcation of sensitive lands ~areas. RESIDENTIAL DEVELOPMEN IS PROHIBITED WITHIN FLOODPLAINS. ~ ❑ STEEP SiOPES (Refer to Code Sec/rt O70.C) 'When STEEP SLOPES exio issuance of a fnal order, a geotechnical report must be submitted which addresses val standards of the Tigard Community Development Code ~ Section 18.775.080.C. The ll be based upon feld exploration and inv estigation and shall include specifc recommendachieving the requirements of Section 18.775.080.C. CIfANWATER SERVICES (CWS) BUFfER STANDARDS [Refer to Ri 0 96-441USA Regulations - Chapter 31 ' LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning oF the sensitive ' area. Desiqn Criteria: , The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: ' CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9 Residen6al AppGcafionlPlanning Divisian Sec6on r; ~1 • - - - - . . . - - - - . . . . . ~ ~ 46-LE 31 VE6ETATEO CURRIDOR WIOTH* S6URCE CWS DESI6N AIiO CBNSTRtlCTiON STAMOAROS MANUAVRESOLUTIOM g 060ER 9644 ~ - . • Streams with intermittent flow draining: • <25% ~ + 10 to <50 acres • . .15 feet ~ > 50 to < 100 acres 25 feet • Existing or created wetlands <0.5 acre 25 feet + Existing or created wetlands > 4.5 ac: e ' <25% 50 feet . Rivers, streams, and springs with year-round flow . ' • ~ Streams with intermittent flow draining >100 acres . Natural lakes and onds . • Streams with intermittent flow draining: > 25% 1 10 ta < 50 acres 30 feet . ~1 . 0 > 50 to < 100 acres . 50 feet . r • Existing ar.created weGands > 25% Variable from 50-200 feet. Measure • Rivers, sueams, and springs with year-round flow in 25-foot increments from the starting i • Streams with intermittent flow draining > 100 acres point to the top of ravine (break in ~ • Natural lakes and ponds <25% slope), add 35 feet past the top of ravine' ~ Stafing point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protecGon. Intertnittent springs, located a minimum of 15 feet wnthin fhe rivedstream or wetland vegetated corridor, shall not serve as a starting point for measurement ZVegetated cortidor averaging or reduction is allowed only when fhe vegetated comdor is certified to be in a marginal or degraded condifion. ' ~The vegetated comdor eztends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to ' 15 feeC if a stamped geotechnicat report confirms slope stability shall be maintained with the reduced setback from the top of ravine. r- ~ Restrictions in the Veqetate Corridor: ~ NO structures, development, construction activities, gardens, lawns, application of chemicals, ; dumping'of any materials of any kind, or other activities shall be permitted which otherwise detract ' from.the water quality protection provided by the vegetated corridor, except as provided for in the USA Design and Construction Standards. { Location of Veqetated Corridor: . t IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. CWS Service Provider Letter: . PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS • Service Provider Letter is not required. [ZS16NS [Refer to Cade Chapter 18.7801 . ' SIGN PERMITS MUST BE OBT AINED PRIOR TO INSTALLATION OF ANY SIGN m the City of Tigard. A"Guidelines for Sign Permits" tiandout is available upon request. Additional sign area or ' height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for Director's review. - iREE REMOYAL PtAN REQUIREMEMTS [Refer to Code Section 18.790.030.CJ . A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certifed arborist shall be provided for any lot, parcel or combination of lots or parcels for which a ' development application for a subdivision, partition, site development review,, planned development, or conditionai use is fled. Protection is prefeRed over removal where possible. ' CITY OF TIGARO Pre-Application Conference Notes Page S of 9 Residen6al AppfiraSanfPlanning Oivision SecGan : . ' THE TREE PLAN SHALL LUDE the following: . ; ➢ Identification of the loca6on, size, species, and condition of all existing trees greater than 6- . inch caliper. , ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in ~ catiper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shalt be exclusive of trees required by other development code provisions for landscaping, streets and partcing lots: Retainage of less than 25% of existin9 trees over 12 inches in caliPer requires a , mitigation program according to Section 18.150.070.D. of no net loss of trees; ~ ► Retainage cf from 25 to 50°0 of existing trees over '12 inches in caliper requires that two-thirds of the trees to be remoyed.be mitigated according to Section 18.790.060.D.; . Retainage of from 50 to 75% of existing trees over 12 inches in caliPer requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; . Retainage of 75% or greater of ewsting trees over 12 inches in caliper requires no mitigation; . ' ➢ Identification of all trees which are proposed to be removed; and ➢ A protection program defining standards and methods that will be used by the applicant to ' protect trees dunng and after construction. . TREES REMOVED. WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION. LISTED ABOVE will be inventoried as part of the tree plan above and will be ' replaced according to Section 18.790.060.D. MR16AT10N (Refer to Code Section 18390.0601) ;REPLACEMENT OF A TREE shall take place according to .the following guidelines: ➢ A replacement tree shall be a substantially similar species considering site characteristics. If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural . resource value. ~ ➢ If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: , . The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be ' viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ' ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to atlow growth to maturity. . IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree . ~ replacement. ; ClFAR YISION AHEA [Refer ta Code Chapier 18.7951 , The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any ' existing obstructions within the clear vision area. The applicant shall show the clear vision areas on the site plan, and identify any obstructions in these areas. , CITY OF TIGARD Pre-ApplicaGon Conference Notes Page 6 of 9 Residenfial App6ca6onrPllanning Oivision Sec5on i , . ~ EzFU111RE STREET PLAN AND E)(TE&N OF STREETS (Refer te Code SecdonS10.030.fJ ~ A FUTURE STREET PLAN shall: ~ i. . ' ➢ Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattem of existing and proposed future streets from the boundaries of the proposed land division and shall include boundaries of the proposed land division and shall ~ inGude other parcels within 200 feet surrounding and adjacent to the proposed land division. , ➢ Identify existing or proposed bus routes, pullouts or other transit facilifies, bicycle routes and pedestcian facilities on or within. 500 feet of the site. Where necessary to give access or permit a satisfactory future division oi aajoining iand, streets shall be extended to the bouncJary lines of the fract to be developed. `7... . ADORIONAI LOT DIMENS10NAl REQUIREMENT'S (Refer to 6odo Sectlon 18.810.0601 MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum i15-foot wide access easement. 1 . ' . ' The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'/Z TIMES THE AVERAGE WIDTH, unless the ' parcel is less than 1%z times the minimum lot size of the applicable zoning district. ~ ~ BLOCKS [Refer to Code Secdon 18.810.0901 ' The perimetef of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the right-0f-way center line except where street location is precluded by natural topography, ~wetlands or other bodies of water or, pre-existing development. ~When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided through the block. ~ ~ ~ CODE CNAPTERS I _ 18.330 (Conditional Use) 18.620 (Tgard Triangle Design Standards) V! v 18.765 (OB-Street ParkinglLoading Requirements) ~ ~ - 18.340 (Directors Interpretation) 18.630 (Washington Square Reg'anal Center) 18.775 (Sensitive Lands aeview) 18.350 (Pianned Development) T 18.705 (Acsess/EgresslCirwlation) 1_/7 18.780 (Signs) 18:360 jSite NvelapmenEReview): q 18.710 (Aaessory Residential Units) 18.785 (Temporary use Permits) ~~_18.370 (variances/Adjustrnents) 18.7 15(Density Compum6ons) ~V 18.790 Rree Removaq ' - T~BB'(2aningMap/f2xt'K'~K'mendmenis) ~ 18.720 (Design Compa6hility Standards) 1$.795 (Visual Clearance ,4reas) 18.385 (NGsceUaneous Permits) 18.725 (Environmental Perfarmance Standards) ✓/1S.TJS (W'Keless Communira6on Fadlities) \/~L 18.390 (Deasion Making procedures~Impact Study) 18.730 (Exceptions To Development Standards) ✓ 18810 (Street s Utiiiry tmprovement Standards) _'I 5.41O(Lot Line Adjustrnents) 18.740 (Hstoric overtay) ~ 18.420 (Land Part~o~s) 18.742 (Home oc~Paeon Perm~) v 18.430 (Subdivisans) ~ 18.745 (Landscaping 8 Screening Standards) ' V_~✓ ~1 0.510 (Residential Zoning oistricts) 18.750 (ManufaduredlMW Home Regulations) _ 18.520 (Commeraai Zoning Oistricts) T 18.7~5 (tutuced Soiid Waste/Recycring Storage) _ 18.530 (Industrial Zoning Districts) 18.760 (Nonconforming Situa6ons) ' ~ ' , . ' CITY OF TIGARD Pre-ApplicaGon Conference Notes Page 7 of 9 Residentiai App4ca8wyplanning Oivivon Secfion ~ AOOITiONAI CONCERNS OR COMMEA ~ ~ - ~ ' . -Senc~ vp,6.s ~ (S SF~~'~e OrC?'„•~'~er ~21t-ef ~ _ ` • . . . • ~rP.2 JVCJey ~f`or C2t`~i~~. rlrlooris~ . ~C---rWe4e V1~t,-ra~-A/E' qc~c~ress;,,c G'orn^e,jn( Cri}~r.;ra Cpo, Dac}e, t'; 0~ ~l.,Qsc NoZ'G5 Mre4,e?f -;O.1s 7~ ' Y+QrrS C~' L' Q s~C.G t' Ct • -~'ec1ST'L • ' r 1 . ' t . ' . ' I PROCEDURE ? Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Comrnission. Public hearing before the Planning Commission with the Commission making a ' recommendation on the proposal to-the City Council. An additional public hearing shall be . held by the. City Council. ' APPLICSTION SUBMlTTA1 PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: A lications ' submitted b mail or dro ed off at the counter without Plannin ivision acce tance ma e returne . e P anninq counter c oses at 4:00 PM. ~ Ma s submitted with an a lication shall be folded IN ADVANCE to 8.5 by 11 inches. One (1), ' 8 2 x ma o a ro ose ro ect s ou dbe submitt~ or attac ment to t e sta r a ministrative decision. Appiication with un o ded maps s all not e accepted. The Planning Division and Engineering Department will Perform a preliminary review of the ' application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional infoRnation or additionat copies of the submitted . materials are required. CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9 Residrnfial app6ra5onnariiw,g Oiv;sion SecSon I The administrative decisior public hearing will typically occxur *oximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal period follows all lan use decisions. An appeal on this matter would be heard by the Tigard 0Wc ^ 4 I 1 . A basic flow chart ~ which illustrates the review process is avaita le from th Plan ing Division upon request. ' Land use apiications requiring a public hearing must have notice posted on-site by the applicant no ess than 10 days prior to tfie public hearing. This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE 'ARE iNTcVDEu TO 1NFORM the prospective appiicant of the pnmary Community Development Code. requirerrients applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportuni6es and constraints affecting development of the site. SUBDIYISION PLAT MAME RESERYATION (Counpy Surveyors Qffice: 503-648-88841 • PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with - the City of Tigard, applicants are reQT to complete and fle a subdivision ~lat naming request with the Washington County Surveyor s Office in order, to obtain approval/reservation for any subdivision name. Applications wnll not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation: ~ . BUILOIN6 PERMITS ; PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by- the Building Division will not be granted until there is compliance with all conditions of , development approval. These pre-application notes do not inctude comments from the Building Division. For proposed buildings or modifcations to existing buildings, it is recornmended to contact a Building Division Plans Examiner to determine 'if there are building code issues that would prevent the structure from being constructed, as proposed: ±Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to~ be ' demolished .has system cievelopment charge (SDC) credits and. the undedying parcel for that structure will be eliminated when the new plat is recorded, the City's policv is to applv those system develooment credits to the first buildin ermit issued in the develo ment (UNLESS OTHERWISE DIRECTED B THE DE ELOPER AT THE T1ME THE DEMOLITION PERMIT IS OBTAINED). e con erence an no es canno cover a e requiremen s an aspec s re a e o site planning that should ap ply to the development of your site plan. Failure of the staff to provide ' information required by the Code shall not conslitute a waiver of the applicable standards or requirements. 1It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any uestions of City staff relative to Code requirements prior to submitting an application. 'AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as , unnecessary by the Planning Division). I PREPARED BY: a ~-I_A!J CITY OF TIGARD PLANNING DIVIS N- STAFf PERSON HOLDING PRE-APP. MEETING ' PHONE: (503) 634-4111 FAX: (503) 684-7291 E-MAIL- (sraffs frst namej @Cl.tigdrd.or.us ' TITLE i8 (CItY oF TIGaRD'S CUMMUHITY DEYELOPMENT (ODE) INTERNET ADDRESS: WWW.Cf.tigard.Or.IIS H:lpattylmasterslPre-App Notes Residen6al.doc Updated: 26-Jun-02 ' (Engineering section: preapp.eng) ' CITY OF TIGARO Pre-Application Conference Notes Page 9 of 9 Residential AppGcatiaManning Oivision Secuon t ~ F....n.;;'~;:;.......:~''w',i'.~' .+","::....~~.:::.yn.:~::~+~ .:.y~. .rl'.ti s4"~~ ••t~^.:.~;h::. ":H~..' T tiC r 1.`t .y:xt•t,t'CP1._s, ..i.,S ~•.~'1J4~ ''4°?if *'C t< .,r.:rS:er'~. ~w .ti~.. .:•+'r+A h°q-::c•~ ~~x,E:~ c~r~'+ l~,.~.. ~s~:~.•y~„ Y~ N~;.:::~+'~7 ,,r., ,ira~._ ~.,Y.~~: ~:~:rl;'~'"..A:rLx~3:;i:Si'~'Y~~" -~'ra,:1*:1.. ~ , K.•-, .-.:r~. - .'r rj~aa.`• .S . a.5.~ - ,:r•:' t~L - '~y!r ~W.. ,YyY•.~ +g.ir. 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",_~:r- ~ ~ -i.~~ .t~ s y. y ~ y'J' . x'+o;~~'~1't"'7 +x,.~tr4 S ~ 1 5.. ~ i•; A~ y~~' ' ti• + tx+a ~ r...; . i t . : ' ~ ~ s 'a. +t .t v~ .t.. ~ ~ . ~ 4 ' M,1l71 ~s,a .,,-.vKa.i.: ..,~,u.,N~'::'k•~'..;~w,~v, f t:s,c ~,~'„-^~c,:.k ;s { ti~ t-wwt~i ~:w~-; 1 e ~ t l n`S c ~ ~ ..c,< ?,.,'.'?3:, ~ ~~+r.r~r<._a tse,G: s,i~fi~.,t:i`^v i., ~.a yia „,.trr~ , .:r.~.«;•,~~,~;.,~a. ~r• ~r :1BLIC FACILITIES Tax Maa(s): 1S133CA Tax LOItS7: 2100 Use iyme: Townhomes . . ~The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned . commenting agencies, City staff and the public have had an opportunity to review and comment on ' the. application. The following comments are a proiection of public improvement 'related requirements ` that may be required as a condition of development approval for your proposed project. . ~ , . ` Riqht-of-wav dedication: ~ The City of Tigard requires that land area be dedicated to the public: • (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. ~ i- ~ ' Approval of a development application for this site will require right-of-way dedication for: ~ Z SW Barrows Road to 29 feet from centerline (Neighborhood Route with bike lanes. Check with ` Washington County for any additional ROW width their standards require. The County has , jurisdiction over this roadway.) ' ❑ SW to feet ' ❑ SW to feet ' ❑ SW to feet Street improvements: Z Half street improvements will be necessary along SW Barrows Road, to include: Z 18 feet of pavement from centerline to curb (Check with Washington Countv for anv , additional reauirements.) Z concrete curb - ` ' Z storm sewers and other underground utilities Z 5-foot concrete sidewalk with planter strip ' Z street trees spaced per TDC standards ~ l rY OFT16AR0 P"pllcatlon Camerence Notes Page 1 ef 6 11ase►ioo D•e».ot a.ene. i` . Z street signs, traffic control devices, streetlights and a two- ear streetlight fee. Z Other: Coordin~ with WashinQton CountV earlY ~the process re4ardin frontaAe ' q ~ IR1qfOV@Ct'1@I1tS 811d 8CC2SS 2pprOV81. ~ ~ street improvements will be necessary along SW , to include: . ~ ❑ feet of pavement ' F~ concrete curb ~ U storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. , ❑ Other: . , ' street im rovements will be necessa alon ❑ p ry g SW , to include. ' ❑ feet of pavement ' ❑ concrete curb . ❑ storm sewers and other underground utilities , Q -foot concrete sidewalk , ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ' ❑ Other: ~ . ❑ street improvements will be necessary along SW , to include: , ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ~ ❑ feet of pavement , ❑ concrete curb ' ❑ storm sewers and other underground utitities fil OFTI6ARD Pre-Appllcatlon Couferoaca Motes , Paee 2 016 'iolo~erl~~ oeauta~tt S~etl~e • . ❑ -foot concrete sidewalk ❑ street trees street signs, traffic controi devices, streetlights and a two-year streetlight fee. ' ❑ Other: ~ . ' AQreement for ruture Street imqrovements: , In some cases, where street improvements or other necessary public improvements are not currently ' practical, the improvements may be deferred. In such cases, a condition of develooment aqaroval ' may be specified which requires the property owner(s) to pro.vide a future improvement guarantee. The City Engineer will determine the form of this guarantee. The following street improvements may ~ be eligible for such a future improvement guarantee: , ' . (1 ' (2.) . . ~ ' Overhead Utilitv Lines: ;Z Section 18.8.10.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines ' adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to ' $ 35.00 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW Barrows Road. Prior to final inspection, the applicant shall either place these utilities underground, or pay the fee in-lieu described above. . Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) 27 inch line which is located to the north that ' runs irn an easterlv direction. This is a CWS sewer line. The proposed development must be . connected to a public sanitary sewer. 'It is the developer's responsibifity to extend a public sewer line ' southerlv in Barrows Road to this site and to extend to the upstream boundanr as needed to serve adiacent unsewered parcels. The applicant should contact CWS ear/y in the process to discuss connecfion fo their frunk sewer. ' The Cify and Washington County will need to approve the extension of the public line to the site and the surrounding drainage basin. ' Water Supply: ' The Citv of Tlqard (Phone:(503) 639-4171) provides public water service in the area of this site. This service provider should be contacted for information regarding water supply for your proposed development. H A 5 T6-r2 M t, TV c) ~ d(,v 1 D615pi CATGD FvRE, LiouF- Fire Protection: ' ( 2" fin OF T16AA0 Pre-Appllcatlon CaNeronca Neies Page 3 af 6 s~Aoo 8epartment Soetlop ' Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010] . provides fire protection ses within the City of Tigard: TeDistrict should be contacted for if information regarding the a equacy of circulation systems, the need for fre hydrants, or other questions related to fire protection. Storm Sewer Improvements: , - , , All proposed development within the City shall be designed such that storm water runoff is conveyed ' to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be repuired to nreoare a sub-basin drainage analysis to ensuire that the proposed system will accomrnodate runoff from upstream ProPerties when fullY developed. ; On-site detention is required. ' . , Storm Water Qualitv: . ~ ; The City has agreed to enforce Surface Water Management (SWM) regulations established by the ' Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of on-site wafer quality facilities. The facilities shall be designed to remove 65 percent of the phosphocus contained in 100 percent of the storm water runoff generated from. newly created impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met. The City will use discretion in determining whether ~ or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new ' impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the . development application. It is anticipated that this project will require: ,Z Construction of an on-site water quality facility. ~ ❑ Payment of the fee in-lieu. ' 1 ~ Other Comments: ' All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance 'access roadways may be required if existing or proposed facilities are not otherwise readily , accessible. A traffic impacf report will likely be required by Washington County. The applicant should contact the ' Count earl in the rocess re ardin this re ort and the acces r Y Y P 9 9 p s app ova/ process. : RAFFiC IMPACT fEES t In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic , Impact Fee program collects fees from new development based on the development's projected ' impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of T11 OF T16ARD Pre-Appllcatlon CoMerence Motes Pa9e 4 ei 6 r;lloof1pg De/iRAgOt EoCCla the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. ' The TIF shall bdkalculated at the time of buildi ermit issuance. In limited , circumstances, payment of the IF inay be allowed to be deferred un il the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than ' $5,000.00. ~ Pay the T,'F. !r„preve,m,enfs !o Earmvis R.oaad are TIF creditable (confirm this with Washington ; County). ~~RMITS ' 4 Public Facilitv lrnprovement (°F1) Perrnit: Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering Department. A PFI permit application is available at the Planning/Engineering counter in City Hall. For more extensive work such as street widening improvements, main utility line extensions or ~subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for ' review and approval. The Engineering Department fee structure for thi's permit is considered a cost recovery system. A ~ dePosit is collected with the application, and the City will track its costs throughout the life of the , permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases ' -where City costs exceeds the deposit amount. NOTt: tngineering Stait cime will aiso be tracked for any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PFI permit application. This time will be considered part of the administration of the eventual PFI permit. 1 . The Permittee will also be required to post a perFormance bond, or other such suitable security. Where professional engineered plans are required, the Permittee must execute a Developer/Engineer ' Agreement, which will obligate the design engineer to perform the primary inspection of the public , improvement construction work. The PFI permit fee structure is as follows: , NOTE: If an PFI Permit is required, the applicant must obtain ihat permlt prfor to release of any permits from the Building Diuislon. 1 Buildinq Division I?ermits: ' The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at ' 503-639-4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, ' industrial and multi-family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in ' cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. ! ~1 Y OF T16ARD Pre-Appllcatlon Camerence Notes Paoe 5 ot 6 +~a~a••rl~o 9.pr~•acs•cno~ ' • Building Permit (BUP). This permit covers only the constr tion of the building and is issued ~ after, or concurrently 0, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers'all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially ~ complete and a mylar copy of the recorded plat has 6een returned by the applicant to the City. ' ror a land patiiion, the applicant must obtain an Engineering Permit, if required, and return a _ mylar copy of the'recorded plat to the City prior to issuance of this permit. Other Permits. i here are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. r' MAOING PlAN REQUIREMENTS FOR SUBDIVISIONS ~ All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to. indicate which lots have natural slopes between 10% and 20%, as ; well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer . will also be required to shade all structural fill areas on the construction plans. In addition, each nomebuilder wili be required to submii a speciiic siie and r~oor pian Tor each loi. The site plan shall 'include topographical contours and indicate the elevations of the corners of the lot. The builder shall . also indicate the proposed elevations at the four corners of the building. i , ~ ; PREPARED BY: ENGINE ING DEPARTMENT STAFF DATE Phone: (5031639-4111 ' FaX [503) 6240152 tcumenal avised: September 2, 2003 ' e ' . TY OF T16ARD Pre-Appllcatlon Caaterenco Notaa Pape 6 of 6 ~lo•.napo•a+rte•nSretls~ • • { w e s tl a k e I . N'LA M N? !'•i Ca I E1 5I NE ERi tJ G I S;3 F;'J Y? iJ G L~oilSUitdrlia, ir1C t ~ . • ~ DaTE: February 17, 2004 - To: City of Tigard FROM: Lee Leighton, AICP Director of Planning Westlake Consuitants, Inc. RE: Pre-Application Conference Request and Mailing Labels Request 'CC: Barry Sandhorst We have enclosed a Preapplication Conference Request for a residential subdivision of Tax Lot 2100, map 1 S 1 33CA on Barrows Road in the City of Tigard. The following are attached to the Request form: f' ■ A brief description of the Proposed Uses and the Proposal ■ A preliminary site plan with proposed lots/ buildings, circulation, etc. with relation to existing roads/drives noted. ■ An aerial map (depicting the se*ting and adjacent development/lots), a contour map, and utility as-builts fer sanitary and water services. ,i ~ ■ A check for the filing fee: $287.00. ~ ~ Thank you. ~ . . r Lee Leighton, AICP Director of Planning . Westiake Consultants, Inc. ~ ~ ; ~ Pacific Corporate Center. ' 7.,. ;x! ,.`a :a ri..,•y, ~ _ .=;r: ~~i, •,i, ~,,i. J 97224 WWW.CI~SLL.; .~ili.5...::?i;l I PH I FX r'./ , . ~ - UL/ 1L/ GVUy 14 . J4 C:1A JUO004 ( LJ i Vlly v• lib~1 U ~j V v~ , • • • i ^ PRE-APPLICATION ~ C.ONFERENCE REQUEST ~ CITY OF TlGARD 13125 SW Nal! B1vd., Troard, OR 97223 (503) 639-4171 F,4X: (503) 684-7297 GENERAL INFORMATfON ' Barz'Y Sandhorst - Windfall Construction FOR STAFFUSE ONLY Applicant - : _ a d Design Address: 23281 5W Bosky Dell Lane gone: 503-638-506 Case No.: City: West Linn OR Zil); 97068 Receipt No.: ' Contact Person: Lee Leighton, AICP phone: 503-684-0652 Application Accepted 8y: } Date: ~ Property Owner/Deed Holder(s): Evelyn M. Karls ' c/o RdD Blakely, REMAX Equity Group D.4TE OF PRE•APP.: . - FIME OF FRE-APP.: Address: 7125 Sw Hamoton Pher.e: 503-495-5170 PFiE-APF. HELD WITH: I Cit . Tigard, OR 97223 y Z'p: Rev. t1/812002 i:lwrplnlmastersVevisedlPre-appqequesl.aac Property Address/Location(s): 13900 SW Barrows Road .Cputh cact_ cir?c nf P?rrnWG vf . REQUIRED SUBMITTAL ELEMENTS Springbrook (Note: applications. wiil not be accepted ' without the required submittal elements) !Tax Map & Tax Lot #(s): 1S133CA Tax Lot 2100 ' ~ Zoning: R25. ❑ Pre-Applicatior Conf. Rer,ues; Form Site Size: 1.92 Acres . 3 COPIES EACH OF THE FOLLOWING: ' ❑ Brief Oescription of the Proposal and ' PRE-APPLICATION CONFERENCE INFORMATIoN any site-specific questions/issues thac you would like to have staff, research All ot the information identiFed on this form are required to be prior lo the meeting. ' submi.",ed by the applicant and received by the r^lanring Civision a Site F(an. Tne sife plan mus; show the minimum of one (1) week prior to officially schedulino a proposed lots and/or buildirg layouts pre-aoAlication conference date/time to allow staff ample time to drawn to scale. Also, snow the location prepare for the meeting. of the subject property in re!ation to the ' nearest streels; and the locations of A pre-applicatien conference can usually be scheduled within 1-2 driveways oi-i the subject property and weeks of the Planning Division's receipl of the request for either across ;he stree?. ~ Tuesdav or Thursdav morninqs Pre-acplica!ion cenferences are ❑ The Froposed Uses. , one (1) hour lonq and are typically held between the hours of 9:00-1 1:00 AM. ❑ Topographic fnformation. Inc!ude Contour Lines if Possible. , PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ If the o , re•Application Cor,ference is for; PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM a MONOFO! E projec:, the aoplicant . 8:00-4:001MONDAY•FRIOAY. ( must attach a copy of lhe letter ard I ~ proof in the form of an affdavit of IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE mailing, that the cellocation protocol PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE was completed (sze Section 18.798.080 INFORM TNE CITY IN ADVANCE SO THAT ALTERNATE ROOfId oF the Tigard Communiiy pevelopment ARR.1NGEMENTS CAN BE MADE TO ACCOMMOOATE THE Code). - GROUP. ❑ Filing =ee S287.00 ~ CITY C►F TIGARD Zi i 9i2oon 13125 5W Hall Blvd. _ 2:24:12PM "Cigard, Uregon: 97223 (503) 639-4171 lteceipt 27200400000000000644 Date: 02/1.9/2004 ),ine Items: ' Case Nn Trao Code , Description Revenue Account No Amoimt Yai(i PRE2004-00014 [LANllUS] PreApi) Conf I00-0000-438000 287.00 ~ Line Item "fotal: $287.00 • Payments: Methocl Payer User ID Acct./Check Approval No. I-low Received Arnount Paid C6eck WESTLt1KE CONSLJLTANT KJI'. 7843 In Pcrson 287.00 Payment Total: $287.00 • EXPIANATION ' AMOUNT ; - 7843 . WESTL~.KE #1505 SW SEQUOIA PKWY. CONSULTANTS • TIGARD. OR 97224 24-22 ENcwEEalraG * suAVFYING 4 PuwNU+G 503-684-0652 O 1230 • PAY C f , ~ ~ LARS AMOUNT OF CHECK CHECK AMOUNT OF ACCTS. PAYABLE . OTHER NUMBE/i DATE TO THE OR R ~~s~. A $ ~ . ~..w„ , K'uOeE. w... swa. , . • US BANK 00 784 311' 1: 12 3000 2 201: L S 360 L 2 39 160il' . . . . . ~ . . - ---~-----a i -=rf - ~ ~ - ! - . ~ ~ . . , • • Westlake Consultants, Inc. I r, ~ I IMPACT STUDY (pursuant to Section 18.390.040.6.2.e.) ' [Application requirements] [iJnclude an impact study. The impact study shall quantify the effect of the 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 faciliry system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private . property users. In situations where the Community Development Code requires the • dedication of real property interests, the applicant shall either specically concur with the dedication requirements, or provide evidence, which supports the conclusion that the r~-- real property dedication requirement is not roughly proportional to the projected ; impacts of the development. Discussion of Effects of the Development , 1. General Statement ~The subject property is located within the R-25 Medium Density Residential zone of the City of Tigard Comprehensive Plan. The development is surrounded on all sides by existin; development. To the south of the development is a sing1_e- i' ' family residential subdivision that was developed under the R-25 zone prior to ' adoption of minimum development density requirements. To the east of the subject property is anexisting apartment complex that is consistent with the R-25 i~. zone requirements. North of the subject property is an emergency access easement and garages that are part of the apartment complex to the east. Southwest of the subject property is a Verizon Building that fronts on SW ' Barrows Road. The subject property is an infill development parcel constrained ~ by surrounding development. ' No development is without impacts in relation to surrounding conditions. Importantly in this context, development in accordance with the Comprehensive Plan must be considered to have a positive impact because it is implementing the ' policies and residential use densities prescribed for the property by that Plan. ' The Comprehensive Plan contains policy with respect to creating an urban residential character in this area, and other applicable zoning and development regulations contain the standards for public facilities improvements deemed , appropriate and necessary to support that policy. ; 2. Transportation System, including Biketivays a. Effect on public facilities and services The proposed development will result in a net increase of 24 attached single- ' family homes within the subject property. At 10 vehicle trips per day per residence, this will add an estimated 240 additional vehicle trips per day, all of which will be on SW Barrows Road, which is a designated collector street. ' GAERIEL WOODS IMPACT STATEMEVT WE5TlAKE No. 1741-01 1 JurvE 14, 2004 , i~ . • • Westlake Consultants, Inc. : The Applicant has also provided an analysis of vehicles per day by street within the surrounding area if redevelopment occurs pursuant to R-25 zone ~standards.. The Potential Redevelopment and Traffic Allocation diagram and ' associated table demonstrate satisfactory counts on proposed streets and at potential future intersections. (See Exhibit J- Potential Redevelopment and Traffic Allocation). . ~ b. ImProvements to meet CitY standards - The developer will improve SW Barrows Road to meet applicable development standards. The developer will also c'onstruct local residential streets within the proposed development, consistent with applicable L , development standards. ~ c. ImPact minimization ' The proposed street improvements are consistent with the functional ~classifications of SW Barrows Road and of the local service streets, respectively. The improvement of SW Barrows Road will provide a positive impact for all users of this segment of that roadway. Any potential negative impacts on the public at large, public facilities systems, and other private . property users will be mitigated by the construction of improvements to meet appiicable standards. . 3. Drainage System. ~ a. Effect on public facilities and services The proposed development will include a stormwater quality treatment and detention facility consistent with Clean Water Services (CWS) requirements. This is consistent with the master planning for surface water managemerit 'within this drainage sub-basin. ~ b. Improvements to meet City standards , Storm water runoff from the proposed lots and streets will be directed into a water quality and detention facility within proposed Tract `B' (See Sheet ' P400 - vlaster Utility Plan) desiped to mimic pre-development conditions. Outfall from this tract will be guided throu gh a 100 feet g rass y swale into a field inlet that connects to a pipe running beneath the neighboring apartment ~ site's paved circulation aisles and a trash enclosure, daylighting to the northeast adjacent to a wooded area. tc. Impact minimization The proposed stormwater quality treatment and detention facility is designed ' to comply with CWS standards, which protect the public at large, public facilities systems, and affected private property users from potential harm due to concentrations of chemicals (suah as phosphorus), turbidity, and high ~ ' runoff flow volumes during storm events. ' GABRIEL WOODS IMPACT STATEMENT ' WESTLAKE No. 1741-01 2 JurvE 14, 2004 ' . ' • ~ Westlake Consultants, Inc. , i . ' 4. Parks System a. Effect on public facilities and services ~ The proposed net increase of 24 homes can be anticipated to produce a ~ corresponding increase in utilization of park facilities and services, based on . utilizatiori rates characteristic of the local area. Some of this impact may be positive, such as higher participation rates in activities supported by user fees. ' b. Improvements to meet City standards ~ ' No specific park improvement to meet a City or County standard is called for within the subject property by any applicable regulation. The site is not suitable for use as a park facility because of its limited size and inegular shape. . , c. Impact minimization As future homes are constructed, all applicable Systems Development Charge , (SDC) fees will be collectedas building permits are issued. Consistent with the adopted SDC ordinance authorizing such fees, funds will be e;cpended by the City to provide appropriate public facilities, including parks. This will minimize potential negative impacts on the public at large, and on the public parks system. With respect to parks, the development will have no significant impact on otl:e: r;:vate property us:.rs. S. Water System l a. Effect on public facilities and services The proposed development will produce additional demand for water, consistent with projected service demands for the area. b. Improvements to meet City standards ; The proposed development will extend 8" public water lines in public streets and will provide new fire hydrants. c. Impact minimization Construction of 8" public water line extensions and fire hydrants will provide service at acceptable levels to the proposed development. Further, such construction will provide connections to neighboring parcels to support ' potential infill redevelopment consistent with the City of Tigard Comprehensive Plan, which is a positive impact on the area because it implements City policy. These improvements therefore benefit the public at ' large by improving the public water system and increasing opportunities for neighboring private property owners. ' 6. Sewer System . a. Effect on public facilities and services, The proposed development will produce additional demand for sanitary sewer ' service, consistent with projected service demands for the area. ' GABRIEL WOODS IMPACT STATEMENT WcSTLAKE N0. 1741-01 ~ JUNE 14, 2004 • • Westfake Consultants, Inc. s b. Improvements to meet City standards An 8" public gravity sewer line will be extended from an existing manhole in SW Barrows Rdad, southerly and easterly to Anna Lane, from where it will be extended into the site (See Sheet P400 - Master Utility Plan). `c. Impact minimization . Construction of an 8" sanitary sewer line extension will provide service at acceptable levels to the proposed development. Further, such construction -can provide connections to neighboring parcels to support potential infill redevelopment consistent with the City of Tigard Comprehensive Plan, which is a positive impact on the area because it implements City policy. These improvements therefore benefit the public at large by improving the public sanitary sewer system and increasing opportunities for neighboring private property owners. . • ' 7. Noise Impacts a. Effect on public facilities and services ..Single-family residential use is not considered to produce significant noise impacts. Rather, it is rypicaily the object oi noise protection measures ' applicable to commercial and industnal users of land. The proposed d 1.r~bl ° 'cpr,°^t canr et reaser.abl;~ b°b ~N 1 e1~p ° ^ ~~.~1 ±c haJ ~ ar., si;.i~:ca.~t :i eise ' V~♦ l impact on the neighboring area. ~ b. Improvements to meet City standards As no noise impacts are anticipated, no noise-related improvements are ' warranted. ' c. ImPact minimization As no noise impacts are anticipated, no noise-related strategies are warranted. 1 8. Dedication of Real ProPertY Interests , a. SW Barrows Road Right-of-Way , The Developer will dedicate right-of-way and improve SW Barrows Road to ~ meet applicable City or County design standards, on the east side of the right- . of-way abutting the subject property. , b. Internal, Local Street Rights-of-Way • The Developer will dedicate right-of-way and improve all local internal ~ streets within the proposed development to meet applicable City design standards. , r c. Stormwater Vlanagement Facilities (Trac# B) s The Developer will create Tract B and construct within it a public stormwater management facility to meet CWS standards. Following construction, the ~ Developer will convey Tract B, as directed in Conditions of Approval, to an ' GABRiEL WOODS IMPACT STAIEMENT WcSTI,aKE N0. 1741-01 4 JurvE 14, 2004 ' Westleke Consultants, Inc. ~ • • ~ ~ appropriate agency for long-term maintenance, i.e., CWS or the City of ; Tigard or Washington County. ~ ' . ~ d. Sensitive .Area ProtQCtion Buffer (T'raci B) . The Developer will create Tract B consistent with the Service Provider Letter 1`~ provided by CWS.. The Developer will convey Tract B as directed in • Conditions of Approval; which may be to an appropriate agency for long- term maintenance, i.e., CWS or the City of Tigard or Washington County. . ~ . Summary . This Impact Study demonstrates that the impacts associated with the proposed ' deve:opment tivill eithe: be positive, by furthering the implementation of the City of ~ Tigard Comprehensive Plan, or will be satisfactorily minimized through compliance with . applicable City or County standards and payment of SDC fees. Therefore, the proposed ' development will not cause any significant negative impact on the public at large, public facili±ies syste:ns, er affPC±ed priva±e progerty Lisers. i, . ~ . . i 1 1 . , 1 1 1 . ,t GABRIEL WOOOS _ IMPACT STATEM6VT WESTLAKE N0. 1741-01 5 JUNE 14, 2004 '1 , ~ • ' . 1 . ' ' 1 ~ Exhibit F ~ Sheet C600 - Landscape & Mitigation Plan ~ ~ ~ ~ ~ ~ ~ ~ r ~ ' • • - - - - _ _ ~ ~ d/F~ ~ • y , ZERLxwAs~r+era / ``~~e ~ a s ~ S . 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