Loading...
MLP2008-00004 Decision - BEAN PARTITION • NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2008-00004 eas BEAN PARTITION 120 DAYS = 9/13/2008 SECTION I. APPLICATION SUMMARY FILE NAME: BEAN PARTITION CASE NO.: Minor Land Partition (MLP) MLP2008- 00004 PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing .65 -acre site into three (3) parcels for detached single - family residences. An existing residence on Parcel 1 will remain. APPLICANT: Josh Bean APPLICANT'S Planning Resources, Inc. 13123 SW Winterlake Court REP.: Ken Sandblast, AICP Tigard, OR 97223 7160 SW Fir Loop, Suite 201 Tigard, OR 97223 OWNER: Fonner, L.L.C. 2744 SW Scholls Ferry Rd. Portland, OR 97221 VIPREHENSIVE AN DESIGNATION: R-4.5; Low DensityResidential. ZONE: R-4.5 Low Density Residential. The R-4.5 zoning district is designed to accommodate detached single - family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single- family units are permitted conditionally. Some civic and institutional uses are also permitter conditionally. LOCATION: 11400 SW Fonner St.; WCI1vI 2S 103AC, Tax Lot 2200. PROPOSED PARCEL 1: 7,728 Square Feet. PROPOSED PARCEL 2: 7,668 Sq>>are Feet. PROPOSED PARCF L 3: 8,476 Square Feet APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 (Decision - Making Procedures); 18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and Screening); 18.765 (Off- Street parking and Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility Improvement Standards). SECTION II. DECISION • T`T'tice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the ,7e request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 1 OF 23 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO SITE WORK: The applicant shall prepare a cover letter and submit it, along with any supportin documents and /or plans that address the following requirements to the PLANNING DIVISION, Al ' 1 N: CITY ARBORIST 503-639 - 4171. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to site work the applicant shall obtain a Type 1 Tree Removal Permit for tree # 519. 2. During the PFI permit review the applicant shall work with the Project Arborist, Project Engineer, and City Staff to research measures to retain tree # 454 — Western Red Cedar. 3. Prior to site work the applicant shall submit revised plans grading plan and tree protection plan) to the City Arborist for review and approval showing the location of the required tree protection fencing (6 -foot metal), tree protection specifications, and tree protection zone dimensions to scale in accordance with the Project Arbonst's report. 4. Prior to site work, the applicant shall position fencing as directed by the project arborist to protect the trees to be retained. All trees to be retained shall be protected with six (6) foot high metal fences, per the arborist protection plan. The applicant shall allow access by the City Arbonst for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performin adequately. • Failure to follow the plan, or maintain tree protection fencing in the designated locations shal be grounds for immediate suspension of work on the site until remediation measures and /or civil citations can be processed. 5. If work is required within an established tree protection zone the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likel impacts to the trees. The proposal shall be reviewed and approved by the City Arbonst before proposed work can proceed within a tree protection zone. The City Arbonst may require changes prior to approval. The project arborist shall be on site wt-''- work is occurnng within the tree protection zone and submit a summary report certifying that the occurred per the proposal and will not significantly impact the health and /or stability of the trees. This n, shall be included on the Tree Protection Plan. 6. The applicant shall have an on-going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the building construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. the amount of TPZ was reduced, then the Project Arbonst shall certify that the construction activities did not adversely impact the overall, long-teini health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the 11 Z's or the Tree Protection Plan are not being followed by the contractor or a sub - contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arbonst 7. Prior to issuance of building permits or tree planting, whichever is first, the applicant shall submit a mitigation plan for 67 tree inches to the City Arbonst for review and approval. Mitigation can be accomplished by either planting 67 caliper inches worth of trees, paying $8,375.00 (67 inches x $125 per caller inch), or any combination thereof. If a mitigation plantin proposal is submitted, it needs to have a signature in ture of approval from the project arborist certifying that it mees the requirements of 18.790.060D and that the species and placement of mitigation trees has been reasonably calculated to provide for their growth to maturity. The mitigation proposal shall show the species, location, and spacing of mitigation trees in relation to buildings, infrastructure, existing trees, street trees, and each other. 8. Prior to site work, the applicant shall submit a cash assurance (letter of credit or cash deposit) for the equivalent value of mitigation required. Mitigation is calculated at $125.00 per caliper inch (67 inches x $125 = $8,375). Any trees successfully planted on or off -site in accordance with an approved Tree Mitigation Plan and '1'DC 18.790.060.D, will be credited against the assurance two years after all of the trees are pia- ' per the approved Tree Mitigation Plan. After the trees are planted, the project arborist shall submit a 1 to the City Arborist to certify that all of the mitigation trees were properly planted per the approved '1 ree Mitigation Plan in order to set the starting point of the two year tree establishment period. After the two NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 2 OF 23 year establishment period, the applicant shall provide a re- inventory of the mitigation trees conducted by a certified arbonst in order to document mitigation tree survival, and compliance with the approved Tree Mitigation Plan. The remaining value of caliper inches not successfully mitigated shall be paid as a fee in- lieu of planting from the original cash assurance. The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or - Mans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM MCMILLAI\ 503- 639 - 4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 9. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this l - project to cover hastreet and any other work in the public nght -of -way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NO'T'E: these plans are in addition to any drawun s required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard - or.gov). 10. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the in dividual or corporate entity who will be designated as the "Permittee ", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineenng Department will delay processing of project documents. 11. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. The City Engineer may determine the necessity for, and require submittal and approval of, a construction access and parking plan for the home building phase. If the City Engineer deems such a plan necessary, the applicant shall provide the plan prior to issuance of building permits. 13. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a half - street improvement along the frontage of SW Fonner Street. The improvements adjacent to this site shall include: A. City standard pavement section for a local street from curb to centerline equal to 16 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off -site storm drainage necessary to convey surface and /or subsurface runoff; E. 5 foot concrete sidewalk with a 5 foot planter strip; F. street trees in the planter strip spaced per 'I DC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; I. underground utilities; street signs (if applicable); {. driveway apron (if applicable); and L. adjustments un vertical and /or horizontal alignment to construct SW Fonner Street in a safe manner, as approved by the Engineering Department. 14. A profile of SW Fonner Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 15. The applicant's plans shall be revised to provide 3 separate sanitary sewer laterals or one public sewer line. . An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." NOTICE OF DEQSION MLP2008- 00004 /BEAN PARTITION PAGE 3 OF 23 Y ' 17. The applicant shall clear vegetation and provide minor grading, as outlined by Lancaster Engineering's letter of March 17, 2008, necessary to achieve sight distance to the west of the proposed shared dnveway. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or _plans that address the following requirements to the PLANNING DIVISION, ATTN: CHERYL GAINES 503- 639 -4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 18. The applicant shall obtain written approval for the driveway turnaround design from the area's garbage hauler. 19. Place a note on the final plat for the visual clearance easement on lot 1 to the benefit of the City of Tigard. Said easements are subject to the City of Tigard Visual Clearance Area standards that restrict the height of plantings and structures (Tigard Development Code Chapter 18.795). 20. Prior to final plat the applicant shall submit a site plan for review and approval that shows the placement and height of the screening fence along the shared access drive. The fence must meet the standards of 18.795 (Visual Clearance Areas). The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM MCMILLAN 503- 639 -4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 21. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart, Engineering). 22. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all cony dnveways. Maintenance shall include street trees if planted along the eastern property line. The agreement be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. 23. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22) as recorded in Washington County survey records. 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. 24. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning /Engineering Permit Technicians, at (503) 639 - 4171, ext. 2421). G The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05) Washington County, and bythe City of Tigard. D. The right -of -way dedication for SW ronner Street, providing 27 feet from centerline, shall be made on the final plat. E. NO " 1E: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City and aunty ave reviewed the final plat, submit two mylar copies of the final plat City Engineer signature t (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). NOTICE OF DEQSION MLP2008- 00004 /BEAN PARTITION PAGE 4 OF 23 THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: .: applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans that address the following requirements to the PLANNING DIVISION, ATTN: CHERYL GAINES 6 -4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 25. Prior to issuance of building permits, the applicant shall demonstrate that the height restriction and front, rear, and side yard setbacks for structures are as required for flag lots or base zone requirements. This includes a 20 -foot garage setback Requirements for flag lots (Parcels 2 and 3) are outlined in '1'DC 18.730.020.C. Side yard setbacks for flag lots are typically 10 feet. 26. Prior to building ermit issuance for Parcel 3, the applicant shall show a 20 -foot setback along the western boundary to satisf requirements made by John Dalby, Fire Marshall. A setback less than 20 feet would place the home further than 150 feet from the end of the shared access drive. 27. Prior to the issuance of building permits on Parcels 2 and 3, the applicant shall supply building elevations, site plans and a narrative showing how the flag lot height standards are met. 28. Prior to building permit issuance, the applicant shall submit a revised development plan for review and approval that indicates the size, species, and location of street trees along Street and the private drive for the City Arborist's review and approval. Spacing of such trees sha be in accordance with Section 18.745.040.C.2.0 of the Tigard Development Code. A note may be placed on the plan that states "slight variations in placement may be required, but every effort will be made to keep the same net number of street trees that are shown on the plan." 29. At the time of submittal for building permits for individual homes within the development, the developer shall submit materials demonstrating that one (1) off - street parking, space, which meets minimum dimensional requirements and setback requirements as specified in Title 18, will be provided on -site for each new home. Prior to issuance of building permits, the applicant shall submit a building site plan to the building division indicating the locations of trees that were preserved on the lot during site development. In addition, the plans shall include accurate locations of tree canopy driplines and protection fencing, and a signature of approval from the project arborist regarding the placement and construction techniques to be employed in building the structures. All proposed protection fencing shall be installed and inspected prior to commencing construction. The fencing shall remain in place through the duration of all of the building construction phases, until the Certificate of Occupancy has been approved. The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or - plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM MCMILLAN 503- 639 -4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 31. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a paper copy of the recorded final plat. 32. Prior to issuance of building permits, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar 2) a diskette of the as- builts in ' DWG" format, if available; otherwise " DXF " will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). 33. 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. The applicant shall either place the existing overhead utility lines along SW Fonner Street 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 $4,406.50 and it shall be paid prior to issuance of building permits. NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 5 OF 23 35. During issuance of the building permit for Parcels 2 and 3, the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS). 36. Prior to issuance of building permits, the applicant's engineer shall submit a final sight distance certifica. _ based on the posted 25 mph speed. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL BUILDING INSPECTION: The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or Tans that address the following requirements to the PLANNING DIVISION, ATTN CHERYL GAINES 639-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 37. Prior to final inspection for each lot, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees and that the street trees were properly planted per the approved street tree plan. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. 38. Prior to issuance final building inspection, the applicant /owner shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site and Vicinity Information The .65 acre site is located on the south side of SW Fonner Street, east of SW 115 Avenue. The site is zoned R-4.5 (Low Density Residential), as are all surrounding properties. An existing single - family home sits near the Fonner Street on the north side of the site, and it will remain on proposed Parcel 1. Homes in the area are single- family of varying ages. Property History: A search of City records shows only land use cases related to the minor land partition, no other approvals were found affecting this parcel. Proposal Description The owner is proposing a three lot partition for construction of single-famb homes on two of the lots. An existing home will remain on Parcel 1. The net square footage of the three parcels will be: Parcel 1 — 7,728 square feet, Parcel 2 — 7,668 square feet and parcel 3 — 8,476 square feet. Parcels 2 and 3 will be accessed by a shared drive along the east side of the site. SECTION IV. PUBLIC COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and /or oral testimony prior to a decision being made. In addition, staff has posted a notice on the site, visible from both streets. Comments were received from Michael and Sharon Brewin concerning tree removal. Trees and natural areas have been disappearing in the area due to development. Mr. & Mrs. Brewin state that there are several significant trees on the ':' that provide screening and sound buffers for neighbors, purify the air, and provide habitat for native wildlife migrating birds which are listed as endangered or protected. It was also noted that loss of trees and the root systeri— likely responsible for erosion, standing pools of water, and flash flooding. The Brewins are asking that the City take a more proactive role in protecting our environment. NOTICE OF DECISION ML.P2008- 00004 /BEAN PARTITION PAGE 6 OF 23 " SPONSE: Current code allows the removal of trees through the development process with a requirement to mitigate for loss of trees greater than 12 inch caliper. The code also requires that lots meet dimensional standards and in -fill projects provide for the tanned densities within the Urban Growth Boundary. These standards normally mean the removal of some trees. Staff has reviewed the trees to be removed. A few of the trees are being removed due to condition, but the majority of the trees are being removed due to their locations within future construction areas. Trees along the perimeter of the site are being retained. It may be possible to preserve tree # 454, a 44 -inch Western Red Cedar located near Fonner Street. Staff has contacted the applicant's consultant to discuss the issue, but it is unknown at this point if retention is possible. The applicant's arborist and consultants will need to work closely with staff to determine construction methods and protection measures that will ensure the long term survival of the tree. The code does not allow Staff to require the retention of specific trees; therefore a condition of approval has been imposed that requires the applicant to explore measures to save tree # 454. Tree Removal Permits are only required within areas of sensitive lands. The southern portion of the site is mapped as a lower value habitat area and is therefore defined as sensitive lands. Removal of tree # 519 requires the applicant obtain a Type 1 tree removal permit. This permit addresses erosion issues in regards to tree removal. Minimal grading is proposed with the development. Most of the grading is to create the shared access drive along the eastern boundary of the site. Erosion control fencing is proposed along the eastern, western and northern boundanes of the site. The site naturally slopes northward toward Fonner Street. Stomtwater from the shared drive and new homes will be collected into the public storm system. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS Land Partitions (18.420): The proposed partition complies with all statutory and ordinance requirements and regulations; proposed partition complies or can be made to comply with all statutory and ordinance requirements and regulations as demonstrated by the analysis contained within this administrative decision and through the imposition of conditions of development approval. All necessary conditions must be satisfied as part of the development and building process. Therefore, this criterion is met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Based on the analysis provided herein, Staff finds that adequate public facilities are availa Die to serve the proposal. Therefore, this cntenon is met. All proposed improvements meet City and applicable agency standards; and The public facilities and proposed improvements are discussed and conditioned later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part of the permit process and during construction, at which time the appropriate review authority will ensure that City and applicable agency standards are met. Based on the analysis in this decision, Staff finds that this criterion is met. All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The minimum lot width required for the R-4.5 zoning district is 50 feet. Parcel # 1 is 111 feet wide as it fronts SW Fonner Street. The other two lots are considered flag lots, and front ds have not been determined at this time. The narrowest measurements of these two sites are 77 and 67 feet. 'Therefore, this standard has been met. lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may be included in the lot area. NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 7 OF 23 The minimum lot area requirement in the R-4.5 zoning district is 7,500 square feet for detached single-family units. The proposed partition creates three (3) lots. An easement which provides access to lots 2 and 3 will run along the eastern sides of lots 1 and 2. This easement area is not included in the site area for lots 1 and 2. net areas of the three proposed parcels are 7,728, 7,668 and 8,476 square feet respectively. This criterion has been rn. Each lot created through the partition process shall front a public right -of -way by at least 15 feet or have a legally recorded minimum 15 - foot wide access easement. Parcel 1 fronts SW Fonner Street. The applicant has proposed an 18 -foot access /utility easement across Parcels 1 and 2 to access Parcels 2 and 3. This criterion is met. Setbacks shall be as required by the applicable zoning district. Setbacks for the R-4.5 zoning district are as follows: front, 20 feet; side, 5 feet; street side, 15 feet; and rear, 15 feet. Because Parcels 2 and 3 are considered flag lots, the side yard setbacks are increased to 10 feet. The setbacks for the future homes on lots 2 and 3 will be reviewed at the time of building permit submittal. Setbacks for the existing home on Parcel 1 meet the requirements• setbacks are discussed further under the Residential Zoning Districts section of this decision. A condition of aoproval under the Residential Zoning Districts section will ensure the applicant shows the correct setbacks on the building site plans. This criterion can be met conditionally. The condition is found under the Residential Zoning District section of this decision. When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. Parcels 2 and 3 will be a flag lots and any proposed structure must meet the 10 -foot side yard setback standard. The applicant is showing ten -foot side yard setbacks on lot 3, but no proposed setbacks are shown for lot 2. Flag lot requirements are discussed in more detail under the Exceptions to Development Standards section of this report. A screen shall be provided along the property line of a lot of record where the paved drive in an accesswa• located within ten feet of an abutting lot in accordance with Sections 18.745.040. Screening may alsc required to maintain privacy for abutting lots and to provide . usable outdoor recreation areas for propos.... development. The applicant has proposed within the narrative a 5 -foot wooden fence as screening along the shared access drive. This standard is met. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire- fighting capabilities. Tualatin Valley Fire and Rescue (TVF&R) had no comments or conditions regarding access or water supplies for this project. This requirement is met. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. The applicant states that reciprocal easements will be provided as necessary. An access easement is proposed across portions of Parcels 1 and 2. The applicant is being conditioned under the Access Egress, and Circulation section of this decision to place a note on the plat to ensure access for Parcels 2 and 3. (Condition # 22) Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and Circulation. This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) later in this decision. Where landfill and /or development is allowed within or adjacent to the one - hundred year floodplain, the city shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian /bicycle pathway with the floodplain in accordance with the adopted pedestrian /bicycle path - plan. The partitioned lots are approximately 1,760 feet to the southwest of the nearest 100 -year floodplain. The elevation of the floodplain is 161 feet, while the lowest point on the site is 243 feet. Therefore, this standard does not apply. NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 8 OF 23 an application for a variance to the standards prescribed in this chapter shall be made in accordance with pter 18.370, Variances and Adjustments. The applications for the partition and variance(s) /adjustment(s) be processed concurrently. No variances or adjustment requests have been proposed. FINDING: The Land Partition standards have not been fully met but can be as conditioned in this decision. Residential Zoning Districts (18.510): Development standards in residential zoning districts are contained in Table 18.510.2 below: TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R -4.5 Parcel 1 Parcel 2 Parcel 3 Minimum Lot Size - Detached unit 7,500 sq. ft. 7,728 sq. ft. [1] 7,668 sq. ft. [1] 8,476 sq. ft. - Duplexes - Attached unit Average Minimum Lot Width - Detached unit lots 50 ft. 111 ft. 77 ft. 67 ft. - Duplex lots 90 ft. - Attached unit lots Maximum Lot Coverage - N/A N/A N/A Minimum Setbacks Can be met [2] Can be met [2][3] - Front yard 20 ft. 31 ft. - Side facing street on corner & through lots 15 ft. N/A - Side yard 5 ft. 9 ft./48 ft. Rear yard 15f. 16 ft. 'de or rear yard abutting more restrictive zoning district -- N/A Distance between property line and front of garage 20 ft. 31 ft. Maximum Height 30 ft. Can be met Can be met Can be met Minimum Landscape Requirement - N/A N/A N/A [1] Net lot areas that exclude access easements. [2] Parcels 2 and 3 are flag lots; therefore 10 foot side yard setbacks are required. [3] Setback along the western boundary must be 20 feet on Parcel 3 to meet the requirements of Tualatin Valley Fire and Rescue. A minimum lot size of 7,500 square feet is required for each lot. The proposed lot sizes meet this standard. Setbacks of the existing home are met for Parcel 1. The applicant states that the standards will be met on the other two lots. Site and building plans for each parcel will be reviewed through the building peiniit process to ensure compliance with the R - 4.5 zone and flag lot development standards, inducing setbacks and height restrictions. FINDING: Based on the analysis above, the Residential Zoning District Standards will be met pursuant to the following conditions: CONDITION: Prior to issuance of building permits the applicant shall demonstrate that the height restriction and front, rear, and side yard setbacks for structures are as required for flag lots or base zone requirements. This includes a 20 -foot garage setback Requirements for flag lots (Parcels 2 and 3) are outlined in 'WC 18.730.020.C. Side yard setbacks for flag lots are typically 10 feet. Access, Egress and Circulation (18.705): Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in title are continuing requirements for the use of any structure or parcel of real property in the City. NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 9 OF 23 Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or aicels of land satisfies the combined requirements as designated in this title, provided: Satisfactory legal evidence shall be preser in the form of deeds, easements, leases or contracts to establish the joint use; and copies of the deg easements, leases or contracts are placed on permanent file with the City. Parcel 1 has direct access onto SW Fonner Street via an existing driveway. The homes on Parcels 2 and 3 will share an access drive. The preliminary plat shows an 18 -foot access and utility easement across portions of Parcels 1 and 2. The applicant states that a reciprocal easement between Parcels 2 and 3 will be provided. A condition of approval will ensure the standard is met. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I 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 proposed parcels will have access to Fonner Street. Parcel 1 will continue to utilize an existing driveway and Parcels 2 and 3 will share the proposed access drive. This standard is met. Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. Lancaster Engineering submitted a preliminary sight distance certification, dated March 17, 2008. The applicant has proposed a shared access for Lots 2 and 3 near the east ro erty line. An earlier letter from Lancaster Engineering stated that the 85th percentile speed is 23 mph, requiring 255 - feet of sight distance. However, the posted speed on a local street is 25 mph and sight distance must comply with the greater of the posted speed versus the 85th percentile speed. The measured sight distance from the proposed access location to the east is in excess of 300 feet. The engineer s that with clearing of vegetation and minor grading along the site frontage, site distance looking west to the 90- deg.,.e corner results in 2 in 85 feet. The applicant shall clear the vegetation and grade along the site frontage in order to obtain the maximum sight distance to the west. The applicant's engineer shall submit a final sight distance certification upon completion of frontage improvements that show compliance with the 25 mph posted speed. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right -of -way line of the intersecting street to the throat of the roposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. Fonner Street is a Neighborhood Route; therefore this criterion does not apply to the existing and proposed driveways. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. Fonner Street is a Neighborhood Route; therefore this criterion does not apply to the existing and proposed driveways. Minimum access requirements for residential use. Table 18.705.1 states that the minimum vehicular access and egress for single- family dwelling units on individual lots shall be one, 10 -foot paved driveway within foot -wide accessway. The minimum access width for 3 - dwelling units is 20 feet with 20 feet of pavemen, The existing drive for Parcel 1 is 10 feet wide. Twelve feet of pavement is shown for the proposed shared access drive. The access easement is 18 feet wide. This standard is met. NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 10 OF 23 Private residential access drives shall be provided and maintained in accordance with the provisions of the 'form Fire Code. Comments received from Tualatin Valley Fire and Rescue indicated no issues with the proposal. In addition to these comments, an e -mail from John Dalby, Fire Marshal, was forwarded to the City by the applicant. John states that TVF&R will not require a fire turnaround for the shared drive. The plan attached to that e -mail showed a home on lot 3 with a 20 foot - setback along the western boundary. A home placed this distance from the end of the private street would meet fire code requirements. For this reason, the house on Parcel 3 is required to have a 20 -foot setback along the western boundary. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a) A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; b) A hammerhead - configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet; c) The maximum cross slope of a required turnaround is 5 %. The proposed shared access drive is approximately 152 feet in length measured from the new property line after right - of-way dedication. This standard requires that a turnaround is provided for fire apparatus vehicles. As stated above, TVF&R does not require a turnaround for this proposal. The applicant has proposed a smaller turnaround for other service providers accessing the site such as the arbage hauler and package delivery services. The applicant is being conditioned to obtain approval for the turnaround from the garbage hauler prior to final plat. FINDING: The standards for Access, Egress, and Circulation were not completely met. CONDITIONS: • The ap shall obtain written approval for the driveway turnaround design from the area s garbage hauler. • Prior to building permit issuance for Parcel 3, the applicant shall show a 20 -foot setback along, the western boundary to satisfy requirements made by John Dalby, Fire Marshall. A set ack less than 20 feet would place the home further than 150 feet from the end of the shared access drive. Density Computations and Limitations (18.715): Chapter 18.715 implements the Comprehensive Plan by establishing the criteria for determining the number of dwelling units permitted. The number of allowable dwelling nits is based on the net development area. The net area is the remaining parcel area after exclusion of sensitive lands and land dedicated for public roads or parks. The net area is then divided by the minimum lot size permitted by the zoning district to determine the number of dwelling units that may be developed on a site. Based on the formulas in Chapter 18.715 of the City of Tigard Community Development Code, the maximum and minimum number of units permitted on the site is based on the net developable area, subtracting sensitive land areas, land dedicated to public parks, land dedicated for public right -of -way, land for private streets or access drives, and lot area for the existing home from the total site area. The density is calculated as follows: Gross Site Area 28,156 sq. ft. Right -of -Way Dedication - 881 sq. ft. Accessway - 3,403 sq. ft. Lot for Existing Home - 7,728 sq. ft. Net Site Area 16,144 sq. ft. The resulting net area is 16,144 square feet. If this area is divided by the minimum lot size for the zone (7,500), then the maximum number of additional lots ermitted on this site is 2 and the minimum number is 1. The applicant's proposal to create 2 additional lots for single- family detached homes meets the maximum and minimum density requirements of *�P R-4.5 zone. _ \DING: Based on the analysis above, the Density Standards have been satisfied. NOTICE. OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 11 OF 23 Exceptions to Development Standards (18.730): The maximum height for an attached or detached single - family, duplex, or multiple- family residential structure on a flag lot or a lot having sole access from an accessway private drive or easement is 1 -' stories or 25 feet, whichever is less, except that the maximum height may be 2 -1/2 stories or 35 ft whichever is less, provided: a. The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning district; b. A 10 feet side yard will be preserved; c. A residential structure on any abutting lot either is located 50 feet or more from the nearest point of the subject dwelling, or the residential structure exceeds 1 -1/2 stories or 25 feet in height on any abutting lot; and d. Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot unless the proposal includes an agreement to plant trees capable of mitigating direct views, or that such trees exist and will be preserved. The applicant shows a 10 -foot side yard setback on Parcel 3, but no specific building design is proposed. The applicant did not address the proximity or height of neighboring esidences. Measures taken to mitigate direct The narrative indicates that the applicant will comply with these requirements at the time of building permit. FINDING: Based on the information provided, staff cannot determine if the Exceptions criteria are met. CONDITION: Prior to the issuance of building permits on Parcels 2 and 3, the applicant shall supply building elevations, site plans and a narrative showing how the flag lot height standards are met. Landscaping and Screening (18.745): Existing vegetation on a site shall be protected as much as possible: 1) The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 2) the plants to ,- saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fenc which can be placed around the individual trees. Tree protection is addressed under the Tree Removal section of this decision. Street trees: Section 18.745.040 Section 18.745.040.A.: All development projects fronting on a public street, private street or a private driveway 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 Section 18.745.0400. This proposed project has fronta on the proposed shared access drive and along Fonner Street. Street trees are required along both frontages ancshall be planted in accordance with the standards for size and spacing in this tide, under Section 18.745.040.0 The applicant s development plan shows street trees along both Fonner Street and the -private drive. Staff suggests planting the street trees within the yards of parcels 1 and 2 rather than along the property _ine. The applicant did not propose a particular size or species of tree. Street trees must be chosen from the approved City of Tigard street tree list. Species should differ between Edgewood and the private drive to increase diversity. The City Arbonst states that trees along the private drive should be large stature trees planted within 6 feet of the easement. Buffering and Screening Requirements: Section 18.745.050.5 The proposed land partition occurs on a parcel surrounded by the same land use designation (R-4.5) as the subject parcel Therefore, no buffering or screening pursuant to Section 18.745.050.A is required for the proposed land partition. However, as conditioned above, pnvacy screening is required pursuant to section 18.420.030.A.4.f. The applicant has proposed a 5 -foot fence to meet this requirement. FINDING: Based on the analysis above, the Landscaping standards have not been fully met. However, if the applicant complies with the condition below the standards will be met. NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 12 OF 23 • CONDITION: Prior to building permit issuance, the applicant shall submit a revised development plan for review and approval that indicates the size species, and location of street trees along Fonner Street and the private drive for the City Arf)onst's review and approval. Spacing of such trees shall be in accordance with Section 18.745.040.C2.0 of the Tigard Development Code. A note may be placed on the plan that states "slight variations in placement may be required, but every effort will be made to keep the same net number of street trees that are shown on the plan. Off -street Parking and Loading Requirements (18.765): This Chapter is applicable for development projects when there is new construction, expansion of existing use, or change of use in accordance with Section 18.765.070 Minimum and Maximum Off -Street Parking Requirements. The proposed partition will create three lots for single- family residences. Table 18.765.2 requires that one (1) off - street parking space be provided per detached dwelling unit. There is no maximum limit on pparking allowed for detached single-family dwellings. There is also no bicycle parking requirement for single - family dwellings. The existing residence has two off-street parking spaces. To ensure that the new homes constructed in this development comply with these standards, the following condition shall apply CONDITION: At the time of submittal for building permits for individual homes within the development, the developer shall submit materials demonstratuna that one (1) off - street parking space, which meets minimum dimensional requirements anf setback requirements as specified in Title 18, will be provided on -site for each new home. Tree Removal (18.790): Chapter 18.790.030 requires the submittal of a tree plan that identifies the location size and species of all trees on the site a program to save existing trees over 12-inch diameter at breast height (dbh) or mitigate for their removal, identification of trees to be removed, and a protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. required for partitions, the applicant submitted a tree plan conducted by Ray Myer, certified arborist. However, the Irport does not contain the four required components (see explanation below). Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; The Arborist Report identified the location, size and species of all existing trees, consistent with this standard. 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated in accordance with Section 1 c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 1 d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. There are a total of 7 viable trees on site greater than 12 inches which are subject to mitigation. The applicant's tree removal plan indicates the trees on the property that are to remain and those proposed for removal. The tree preservation plan (C3.2) indicates that four (4) of the viable trees are slated for removal. If three (3) of the seven (7) trees will be retained, then according to the mitigation schedule above, 2/3 of the diameter inches must be mitigated. NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 13 OF 23 The sum total of diameter inches of the trees which will be removed is 100. The amount of tree mitigation inches required for this project is 67 inches. To satisfy this requirement, the applicant may plant trees onsite, offsite, or pay a fee -in -lieu at the rate of $125.00 per inch ($8,375.00). If mitigation planting is proposed, a plan must be submitte the City Arborist for approval. The plan must have a signature of approval from the project arborist certifying that requirements of 18.790.060.D are met and the placement has been reasonably calculated to provide for growth to maturity. 3. Identification of all trees which are proposed to be removed; All of the trees proposed to be removed are identified in the applicant's Tree Preservation Plan (C3.2) and Arborist Report. One of the trees shown to be removed is a 44 -inch Western Red Cedar along Fonner Street. Because of the significance of the tree within the neighborhood, Staff would like the applicant to look at measures to save the tree. Possibilities include, but are not limited to, installing the utility lines along the western boundary, placement of the private shared driveway along the eastern boundary, and installing a curb -tight sidewalk along Fonner Street in the area near the tree. Value of the tree inches saved can be refunded along with the planted mitigation inches from the cash assurance if the tree is properly protected by the same measures afforded to other protected trees on site. 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The guidelines for tree protection are outlined in the arborist report, but the Tree Preservation Plan does not reflect the measures outlined within the Arborist's Report. The applicant shows general tree protection fencing on the plan, but both the gradingplan and tree preservation plan need to display the required tree protection fencing (6 -foot metal), tree protection specifications, and the tree protection zone dimensions to scale per the project arborist's report. Section 18.790.040 states that any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazard - according to a certified arborist. The deed restriction may be removed or will be considered invalid if a preserved in accordance with this section should either die or be removed as a hazardous tree. The fort, —1 this deed restriction shall be subject to approval by the Director. The applicant has proposed retaining trees on -site; removal of such trees is restricted. A condition of approval will ensure that this standard is met. 18.790.050 states that tree removal permits shall be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 18.775. The permit for removal of a tree shall be processed as a Type I procedure, as governed by Section 18.390.030, using the following approval criteria: 1. Removal of the tree must not have a measurable negative impact on erosion, soil stability, flow of surface waters or water quality as evidenced by an erosion control plan which precludes: a. Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on public or rivate streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge or as a result of the action of erosion; b. Evidence of concentrated flows of water over bare soils; turbid or sediment -laden flows; or evidence of on -site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on site using the techniques of Chapter 5 of the Washington County Unified Sewerage Agency Environmental Protection and Erosion Control rules. 2. Within stream or wetland corridors, as defined as 50 feet from the boundary of the stream or wetland, tree removal must maintain no less than a 75% canopy cover or no less than the existing canopy cover if the existing canopy cover is less than 75 %. Based on section 18.775.010.G. sensitive lands are defined as floodplain, drainageways, wetlands steep slopes significant fish and wildlife habitat areas. The southern portion of the site is within the lower value habitat area as shown on the City of Tigard "Significant Habitat Areas Map." These areas were added to sensitive lands in 2006 as part of the measures to protect natural resources in accordance with Metro Title 13 and Statewide Planning Goal 5. NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 14 OF 23 With the addition of these areas to sensitive lands, removal of trees within these areas now require a Tree Removal PPrmit as noted in section 18.790.050 above. Staff became aware of this requirement during the review process r the application was already deemed complete; hence the applicant did not apply for a Tree Removal Permit. A _edition of approval will require the applicant to apply and receive approval for removal of tree # 519, which appears to be a non - hazardous tree within a significant habitat area. FINDING: Based on the analysis above, the Tree Removal standards will be met, if the applicant complies with the conditions listed below: CONDITIONS: Tree Removal • Prior to site work the applicant shall obtain a Type 1 Tree Removal Permit for tree # 519. Tree Protection • During the PFI permit review the applicant shall work with the Project Arborist, Project Engineer and City Staff to research the possibility of retaining tree # 454 — Western Red Cedar. • Prior to site work the applicant shall submit revised plans (grading plan and tree protection plan) to the City Arborist for review and approval showing the location of the required tree protection fencing (6 -foot metal), tree protection specifications, and tree protection zone dimensions to scale in accordance with the Project Arborist's report. • Prior to site work, the applicant shall position fencing as directed by the project arborist to protect the trees to be retained. All trees to be retained shall be protected with six (6) foot high metal fences, per the arborist protection plan. The applicant shall allow access by the City Arbonst for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of worn on the site until remediation measures and /or civil citations can be processed. • If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal shall be reviewed and approved - by the City Arborist before proposed work can proceed within a tree protection zone. The City Arborist may require changes prior to approval. The project arborist shall be on site while work is occurring within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantly impact the health and /or stability of the trees. This note shall be included on the Tree Protection Plan. • The applicant shall have an on-going _ responsibility to ensure that the Project Arborist has submitted written reports to the City Arbonst, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the building construction hases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced, then the Project Arbonst shall certify that the construction activities did not adversely impact the overall, long -term health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub - contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arbonst. NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 15 OF 23 • Prior to issuance of building permits the applicant shall submit a building site plan to the building division indicating the locations of trees that were preserved on the lot during site development. In addition, the plans shall include accurate locations of canopy driplines and protection fencing, and a signature of approval from the pro arbonst regarding the placement and- construction techniques to be employed' in building the structures. All proposed protection fencing shall be installed and inspected prior to commencing construction. The fencing sh remain in place through the duration of all of the building construction phases, until the Certificate of Occupancy has been approved. • Prior to final inspection for each lot, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees and that the street trees were properly planted per the approved street tree plan. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. • Prior to issuance final building inspection, the applicant /owner shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. Mitigation • Prior to issuance of building permits or tree planting, whichever is fast the applicant shall submit a mitigation plan for 67 tree inches to the City Arborist for review and approval. Mitigation can be accomplished by either planting 67 caliper inches worth of trees, paying $8,375.00 (67 inches x $125 per caliper inch), or any combination thereof. If a mitigation planting proposal is submitted, it needs to have a signature of approval from the project arbonst certifying that it meets the requirements of 18.790.060D and that the species and placement of mitigation trees has been reasonably calculated provide for their growth to maturity. The mitigation proposal shall show the spe location, and spacing of mitigation trees in relation to bui_din s, infrastructure, exist., trees, street trees, and each other. g • Prior to site work, the applicant shall submit a cash assurance (letter of credit or cash deposit) for the equivalent value of mitigation required. Mitigation is calculated at $125.00 per caliper inch (67 inches x $125 = $8,375). Any trees successfully planted on or olf -site, in accordance with an approved Tree Mitigation Plan and 'IDC 18.790.060.D, will be credited against the assurance two years after all of the trees are planted per the approved Tree Mitigation Plan. After the trees are planted, the project arborist shall submit a letter to the City Arborist to certify that all of the mitigation trees were properly planted per the approved Tree Mitigation Plan in order to set the starting point of the two year tree establishment period. After the two year establishment period, the applicant shall provide a re- inventory of the mitigation trees conducted by a certified arbonst in order to document mitigation tree survival, and compliance with the approved Tree Mitigation Plan. The remaining value of caliper inches not successfully mitigated shall be paid as a fee in -lieu of planting from the original cash assurance. Visual Clearance Areas (18.795): This Chapter requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicl, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. 'The provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height. Trees may be placed within this area provided that all branches below eight (8) feet are removed. A visual clearance area is the triangular area formed by measuring from the corner, 30 -f eet along the right -of -way and along the driveway and connecting these two points with a straight line. The applicant states that visual clearance areas will be maintained for the proposed shared access drive. Vi clearance areas are shown on the proposed site plan and no structures are currently within the areas. The applicant must ensure that the proposed screening fence meets visual clearance standards. This standard has not been satisfied. NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 16 OF 23 FINDING: Based on the analysis above, the Vision Clearance Standards are not met. NDITIONS: Place a note on the final plat for the visual clearance easement on lot 1 to the benefit of the City of Tigard. Said easements are subject to the City of Tigard Visual Clearance Area standards that restrict the height of plantings and structures (Tigard Development Code Chapter 18.795). Prior to final plat the applicant shall submit a site plan for review and approval that shows the placement and height of the screening fence along the shared access drive. The fence must meet the standards of 18.795 (Visual Clearance Areas). Impact Study (18.390) Section 18.360.090 states, "The Director shall make a finding with resject to each of the following criteria when approving, approving with conditions or denying an application:' Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right -of -way dedication, or provide evidence that supports that the real roperty dedication is not roughly proportional to the projected impacts of the development. Section 18.390 .040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. applicant has submitted an impact study. The public stormwater line in Former Street will be extended to the site �id laterals will serve all three parcels. Water and sanitary sewer will be provided by public lines within Former Street. Parks system development charges will be collected for each new home at building permit issuance as well as traffic impact fees. The Washington County Traffic Impact Fee (11F) is a mitigation measure that is required at the time of development. Based on Washington County figures TIFs are expected to recapture 20 percent of the traffic impact of new development on the Collector and Arterial Street system. The applicant will be required to pay TIF's of approximately $3,200 (Effective July 1, 2007) per new dwelling unit. Based on the estimate that total TIF fees cover 20 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $32,000 ($6,400 divided by .20). The difference between the TIF paid, and the full impact, is considered the unmitigated impact on the street system; therefore the unmitigated impact of this project is $25,600 $32,000 - $6,400). This unmitigated impact is only on the arterial and collector system and does not include impact cost on the local system which is estimated at $27,823 see next aragraph). The site has 125.9 feet of frontage along Former Street, a local street. Seven feet of right-of-way dedication and a half- street improvement is required to meet current standards. Total dedication is 881 square feet. The estimated cost of the dedication is $2,643 (875 square feet x $3.00 /square foot). The half- street improvements cost an estimated $25,180 to construct (125.9 lineal feet x $200.00 /lineal foot). The total value of these improvements is $27,823.00. The applicant has proposed the street improvements within the plans and narrative but has also requested entering into a restnctive covenant nor future improvements. There is a direct nexus between providing the development's share of a street frontage and transportation/safety purposes. The dedication and improvement of SW Former Street is required to meet the street improvement requirements of 18.810.030. The total cost is less than the local street costs and the unmitigated impact on the arterial and collector system. NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 17 OF 23 PUBLIC FACILITY CONCERNS Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights -of -Way. and Street Widths: Section 18.810.030.E requires a Neighborhood Route (Local Street) to have a 54 foot right -of -way width and 32 -foot paved section. Other improvements required may include on -street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Fonner Street, which is classified as a Neighborhood Route on the City of Tigard Transportation adjacent Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide 27 feet from centerline. SW Fonner Street is currently partially improved. In order to mitigate the impact from this development, the applicant should construct half - street improvements. Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory futr division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed ai barricade shall be constructed at the end of the street. These street stubs to adjoining properties are considered to be cul -de -sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul -de -sac bulbs shall be constructed for stub streets in excess of 150 feet in length. Due to existing development there is no necessity provide future street extensions to give access or permit future development of adjoining land. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections i re uired except where prevented by barriers such as topography, h railroads, freeways, s q p p Y Pg P re- existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local neighborhood routes and collector streets which abut a development site shall be extended within 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. Due to existing development there are no opportunities for new street alignments or connections. NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 18 OF 23 Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments t grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as ..ermined by the City Engineer. The proposed frontage improvement along SW Fonner Street does not exceed 5% grade, thereby meeting this criterion. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regardgto providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right -of -way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre- existing development or, • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non - residential blocks in which internal public circulation provides equivalent access. Due to existing development surrounding the property there are no possible street connections or opportunities to create shorter block lengths that meet the current standard. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of- ways shall be provided when full street connection is notpossible. Spacing between connections shall no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. Due to the placement of homes surrounding the property, a bicycle /pedestrian connection is not possible at this time. - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average 1, width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. All of the parcels are less than 1.5 times the minimum lot size (7,500 x 1.5 = 11,250). Parcel 1 is 7,728 square feet, Parcel 2 is 7,668 square feet, and Parcel 3 is 8,476 square feet. 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. Parcel 1 has 110 feet of street frontage along the Fonner Street. Parcel 2 has 18 feet of frontage on Fonner, and Parcel 3 has an 18 -foot access easement across Parcel 2. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. The applicant's plans indicate they will construct a 5 foot wide sidewalk along their project frontage behind a 5 foot wide planter stnp, thereby meeting this criterion. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 19 OF 23 Over- sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. The applicant's narrative states that the lots will be provided with separate laterals. However, the plans show Lots 2 3 sharing a lateral, which is not allowed. The applicant shall revise the plans prior to submittal for the PFI permit to show 3 separate sewer laterals or one public sewer line to the point where Lots 2 and 3 can be connected to a manhole. A 15 foot wide public utility easement will be required if the public sewer line option is selected. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institur stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flow to the 25 -year event. The City will require that all new developments resulting in an increase of impervious surf _ provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff win be permitted to discharge without detention. The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on -site water quantity facility to accommodate the storm water from Parcels 2 and 3. Rather, the CWS standards Drovide that applicants should pay a fee in -lieu of constructing a facility if deemed appropriate. Staff recommencs payment of the fee in -lieu on this application. The applicant's plans show a public storm sewer line will be constructed in SW Fonner Street from this development to the existing inlet at the corner to the west. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian /bikeway plan shall include provisions for the extension of such bikeways through the dedication of easements or right -of -way. SW Fonner Street is not a designated bicycle facility. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: The developer shall make all necessary arrangements with the serving utility to provide underground services; • The C ity reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 20 OF 23 Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. .:eption to Under - Grounding Requirement Section 18.810.120.0 states that a developer shall pay a fee in- lieu of under - grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under - grounding the utilities outweighs the benefit of under - grounding in conjunction with the development. The determination shall be on a case -by -case basis. The most common, but not the only such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above -ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right -of -way from the applicant's property shall pay a fee in -lieu of under - grounding. There are existing overhead utility lines along the frontage of SW Fonner Street (north side). If the fee in -lieu is proposed, it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 125.9 lineal feet; therefore the fee would be $4,406.50. ADDITIONAL CITY AND /OR AGENCY CONCFRNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The City of Tigard provides water service in this area. The applicant will be required to obtain domestic water meters from the City through the PFI Permit process. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00 -7) which require the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created - pervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and hod to be used in keeping the facility maintained through the year. The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on -site water quality facility to accommodate treatment of the storm water from Parcels 2 and 3. Rather, the CWS standards provide that applicants should pay a fee in -lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee rn -lieu on this application. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and /or building permit. The applicant shall submit an Erosion Control plan for review and approval with the PFI Permit application. Address Assignments: The City of Tigard is responsible for assigning addresses for within the City of Tigard. An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City pnor 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 -e easily find a particular home. NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 21 OF 23 Survey Requirements: The applicant's final plat shall contain State Plane Coordinates AD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be establis aed 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 or 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). SECTION VI. OTHER STAFF COMMENTS The City of Tigard Public Works Department was sent a copy of the proposal and no objection. The City's Building Division reviewed the proposal and stated that the development must meet current plumbing code requirements. Tigard Police has requested that a sign be placed at the foot of shared driveway identifying the addresses of the proposed homes. Condition # 33 will ensure this request is met. SECTION VII. AGENCY COMMENTS Clean Water Services has reviewed the proposal. Comments have been incorporated into the decision conditions. Tualatin Valley Fire and Rescue had no comment insofar as fire apparatus access or firefighting water supplies are concerned for this proposal. Verizon Communications stated that the two new parcels (2 and 3) would need to provide conduit to the street. SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was 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 25, 2008 AND BECOMES EFFECTIVE ON JULY 11, 2008 UNLESS AN APPEAL IS FILED. pp 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 No- of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 22 OF 23 Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the cnecific issues identified in the written comments submitted by the parties during the comment period. Additional fence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal acing, subject to any additional rules of procedure that maybe adopted from time to time by the appeLate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JULY 10, 2008. estions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. a• June 24, 2008 PREPARED Y: Cheryl Caines Associate Planner : \unpin \cheryl \mlp \m1p2008 -00004 Bean\m1p2008 -00004 decision.doc NOTICE OF DECISION MLP2008- 00004 /BEAN PARTITION PAGE 23 OF 23 . 1 1 VICINITY AP \__. ____ E ! 1 I A _ __ , co__ 1 , m k _L.\ 7 MI_,P2008-00004 1 L I 1 IP" , BEAN 1 1 n i PARTM ON 1 Li ST 1 co .., ] SUBJEC1' 1 r N ..) 0 \ , i h L CFI 0\4 7 V ■ F-r J \\ )r - 'ER IOW I ,,,,,5 ii ' / E;LIP: ' - I .,, Ill Tigard Area Map 41111 0 60 120 180 240 300 Feet i } (5) -4 .4101p, . I * / ,, . , ,,,,, ,,,.„,,,,,,,:.„,,,,,,,,,. _ ,..„..0,f,..._.,,,v,,;.. ___ . 1 ... A IP.: - _ _ _ _ _ _ Information on this map is for general location only and l 15., C?;IC) should be verified with the Development Services Division. l ,....,C4— .../ 0 ---* 1 o \ Tigard, OR 97223 Plot date: May 23, 2008; C:\magic\MAGICO3.APR Community Development ' yRELL _1 • X���, Re-solve4 8E400101,0' ��� SW FONNER ST STAIPCIO °"�°" - _ __ - - -_- _ _ _' --- __ � - j �wc«m«z_---_�u��---__ _ � 7:00' DEDICATION --_--� ---_ - ---- - - ---- - -- — - - ----n�uu� ' -___- � / / ____ / | / LOT � ^-zr76 SF / / • � � � � / / / ' |/ / • ` ' / / I__, _ _ _ _ mzm' _ _______. | � / - 1 / / � \ � ` ° | � � � - c , ur� � � ^-�mm � '''l 'f. / / | *"ozs,=°"mm'mo�°r • / / ---- -- aum -- /-- / / / . � �/ . � / mr3 • A-8,476 SF I / / -- _- 12554' -- - _ N89'40'0914 "a� • • .TEN /�\T/VE PLAT SCALE: 1"--.20' • , it't O! TiGAN) PLANNNG D"sViSiON Ft [ 1