SUB2002-00001 Decision - TUSCANY SUBDIVISION NOTICE OF TYPE II DECISION
v "URBAN SERVICE AREA'' `` iy r
TUSCANY SUBDIVISION °m OFTI °ARO
Community �DeveCopmentz
SUBDIVISION (SUB) 2002 00001 SFia ; ABetter(ornmuni
ADJUSTMENTS AR ' 2002 00 003 4 4(5-5-1,:.
120 DAYS = 6/12/2002
SECTION I. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: TUSCANY SUBDIVISION
CASE NOS.: Subdivision (SUB) Type II SUB2002 -00001
Adjustment VAR Type II VAR2002 -00003
Adjustment AR Type II VAR2002 -00004
Adjustment VAR Type II VAR2002 -00005
REQUEST: The applicant is requesting approval to subdivide a 15.16 -acre parcel into 89
single - family residential lots within the Urban Service Area. The existing
single - family residence will be retained on proposed lot 30. The applicant is
also requesting approval of three Type II Adjustments to the street
improvement standards. The adjustments are to allow two `T" intersections
on a minor collector to be spaced less than 300 feet, a cul -de -sac length to
exceed 200 feet, and a centerline curve radius on a minor collector to be less
than 350 feet.
APPLICANT: Centex Homes OWNER: Gary Roshak
4000 Kruse Way Place PO Box 247
Building 2, Suite 300 Sherwood, OR 97140
Lake Oswego, OR 97035
COMPREHENSIVE
PLAN
DESIGNATION: Medium - Density Residential.
ZONING
DESIGNATION: R -7: The R -7 zoning district is designed to accommodate attached
single- family homes, detached single - family homes with or without accessory
residential units, at a minimum lot size of 5,000 square feet, and duplexes, at
a minimum lot size of 10,000 square feet. Mobile home parks and
subdivisions are also permitted outright. Some civic and institutional uses are
also permitted conditionally.
LOCATION: The project is located at 13985 SW 164 Avenue, and described as WCTM
2S 105CC, Tax Lot 11700.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.430, 18.510,
18.705, 18.715, 18.725, 18.730, 18.745, 18.765, 18.790, 18.795, and 18.810.
SECTION II. DECISION
Notice
• hereby given that the Cit of_ TIOar m
d '
;4Co munity Development `'Director's, designee;
has APPROVE D. to certain conditions, the : re
� quest for Subdivision a Adjustment
approvals The findings and conclusions on whic decision Is based' are noted in Section VI
NOTICE OF TYPE II DECISION SUB2002- 00001NAR2002- 00003, 00004, 00005 — TUSCANY SUB. PAGE 1 OF 28
7 '
CONDITIONS OF APPROVAL
r ; THE 'F�OLLO,WING,,CONDITIONSjSHALL BE SAT ISFIEDPRIOR�'
r TO COMMENCIN WANTON SITE IMPROVEMENTS, NCLUDINGf 3 4t
., .5., - � 'GRADING XCAV II O NAND� /OR FI LL ACTIVITI
Submit to the Engineering Department (Brian Rager, 639 - 4171, ext. 318) for review and
approval:
1. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is
required for this project to cover all of the subdivision grading and infrastructure. 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
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 (ww.
wci.tigard.or.us).
2. The PFI permit plan submittal shall include the exact legal name, address and telephone
number of the individual or corporate entity who Vine designated as the "Permittee ", and
who will provide the financial assurance for the public improvements. For example, specify
if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within
which the entity is incorporated and provide the name of the corporate contact person.
Failure to provide accurate information to the Engineering Department will delay processing
of project documents.
3. The applicant shall provide a construction vehicle access and parking plan for approval by
the City Engineer. The purpose of this plan is for parking and traffic control during the public
improvement construction phase. All construction vehicle parking shall be provided on -site.
No construction vehicles or equipment will be permitted to ark on the adjoining residential
public streets. Construction vehicles include the vehicles of any contractor or subcontractor
involved in the construction of site improvements or buildings proposed by this application,
and shall include the vehicles of all suppliers and employees associated with the project.
4. The applicant's construction plans shall show that Roshak Road will be constructed to the
collector standard, as specified in the adopted TSP, as follows:
• 60 -foot ROW width
• 36 -foot wide curb -to -curb pavement section
• 6 -foot wide sidewalks with planter strips; and
• street trees within the planter strips, spaced per TDC standards.
5. The new internal streets are approved to have 44- foot -wide ROW widths and
32- foot -wide paved sections.
6. The applicant's Public Facility Improvement permit construction drawings shall indicate that
full width street improvements, including traffic control devices, mailbox clusters, concrete
sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm
drainage, street trees, streetlights, and underground utilities shall be installed within the
interior subdivision streets. Improvements shall be designed and constructed to local street
standards.
7. The street name for Palermo Lane shall change at the intersection with 164 Avenue. The
north /south portion of the new street shall have an "Avenue" designation.
8. The street labeled on the preliminary plan as 'Venezia Circle" shall be changed. The
north /south portion shall have one name with a "Terrace" designation, and the east/west
portion shall have a different name with a "Lane" designation.
9. The applicant's construction plans shall show that the two proposed eyebrow corners shah
meet Washington County detail No. M- 405.5.
NOTICE OF TYPE II DECISION SUB2002- 00001NAR2002- 00003, 00004, 00005 - TUSCANY SUB. PAGE 2 OF 28
' t
10. The applicant shall obtain approval from CWS with respect to the proposed public sanitary
sewer and storm drainage system designs.
11. The applicant's construction plans shall show a No Parking restriction on the east side of
Roshak Road, between Milan Street and 163 Avenue.
12. The applicant's construction plans shall show that two speed humps will be installed as a
part of this project. The humps will be located at the north and southeast boundaries of the
project, and shall be constructed to meet the City's standard design detail.
13. Any extension of public water lines shall be shown on the proposed Public Facility
Improvement (PFI) permit construction drawings and shall be reviewed and approved by the
City's Water Department, as a part of the Engineering Department plan review. NOTE: An
estimated 12% of the water system costs must be on deposit with the Water Department
prior to approval of the PFI permit plans from the Engineering Department and construction
of public water lines.
14. 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, December 2000 edition."
15. 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.
16. The applicant shall incorporate the recommendations from the submitted geotechnical
report by Northwest Geotech, Inc, dated 12/28/01, into the final grading plan. The
geotechnical engineer shall be employed by the applicant throughout the entire construction
period to ensure that all grading, including cuts and fills, are constructed in accordance with
the approved plan and Appendix Chapter 33 of the UBC. A final construction supervision
report shall be filed with the Engineering Department prior to issuance of building permits.
17. The design engineer shall indicate, on the grading plan, which lots will have natural slopes
between 10% and 20 %, as well as lots that will have natural slopes in excess of 20 %. This
information will be necessary in determining if special grading inspections and /or permits
will be necessary when the lots develop.
18. The final construction plans shall be signed by the geotechnical engineer to ensure that they
have reviewed and approved the plans. The geotechnical engineer shall also sign the as-
built grading plan at the end of the project.
19. The applicant shall obtain a 1200 -C General Permit issued by the City of Tigard pursuant to
ORS 468.740 and the Federal Clean Water Act.
Submit to the Planning Division (Brad Kilby, 639 -4171, ext. 388) for review and approval:
20. Prior to site work, the applicant shall submit a tree protection plan to the City Arborist
identifying proposed measures that will be used during construction to protect those trees
identified on -site for preservation and those trees on adjacent properties that will likely be
affected by the removal of trees on this site. The City adjacent must inspect and approve
the protection measures prior to site work.
21. The property owner shall sign a consent to annex.
THE FOLLOWING' CONDITION SHALL SATISFIED , s `
PRIOR TOAPPROVAL OFTHE FINAL PLAT t... g
NOTICE OF TYPE II DECISION SUB2002- 00001NAR2002- 00003, 00004, 00005 — TUSCANY SUB. PAGE 3 OF 28
Submit to the Engineering Department (Brian Rager, 639 -4171, ext. 318) for review and
approval:
22. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of
$2,670.00. (STAFF CONTACT: Shirley Treat, Engineering).
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. 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. 426).
C. The final plat and data or narrative shall be drawn to the minimum standards set forth
by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City
of Tigard. -
D. The right -of -way dedication for Roshak Road and the other internal streets shall be
made on the final plat.
E. NOTE: Washington County will not begin their review of the final plat until they
receive notice from the Engineering Department indicating that the City has reviewed
the final plat and submitted comments to the applicant's surveyor.
F. After the City and County have reviewed the final plat, submit two mylar copies of the
final plat for City Engineer signature (for 'partitions), or City Engineer and Community
Development Director signatures (for subdivisions).
•
Submit to the Planning Division (Brad Kilby, 639 -4171, ext. 388) for review and approval:
25. . Prior to final plat approval, the applicant shall pay the fee in - lieu of planting for proposed
on -site tree mitigation for 204 caliper inches to be removed. At a cost of $125.00 a
• caliper inch, the applicant is required to pay $25,500 dollars in mitigation.
26. Prior to final plat approval, the applicant shall demonstrate compliance with TDC Section
18.810.040 by providing an additional connection to the western boundary of the
property.
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• Submit to the Engineering Department (Brian 'Rager, 639 -4171, ext. 318) for review and
approval:
27. Prior to issuance of building permits, the applicant shall provide the Engineering Department
with a mylar copy of the recorded final plat.
28. 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.
NOTICE OF TYPE II DECISION SUB2002- 00001NAR2002- 00003, 00004, 00005 - TUSCANY SUB. PAGE 4 OF 28
29. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the
public improvements substantially complete. Substantial completion shall be when: 1) all
utilities are installed and inspected for compliance, including franchise utilities, 2) all local
residential streets have at least one lift of asphalt, 3) any off -site street and /or utility
improvements are substantially completed, and 4) all street lights are installed and ready to
be energized. (NOTE: the City apart from this condition, and in accordance with the City's
model home policy may issue model home permits).
30. 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).
Submit to the Planning Division (Brad Kilby, 639 -4171, ext. 388) for review and approval:
31.. At the time of building permit review, plans for the construction of individual homes on
individual lots in the subdivision shall demonstrate compliance with setbacks, building
height, lot coverage, and landscaping requirements, per Table 18.510.2.
32. At the time of building permit review, plans for the construction of homes on lots 31 and
32 in the subdivision shall demonstrate compliance with TDC Section 18.730.
33. 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.
34. At the time of application for building permits for individual homes, the applicant shall
demonstrate that each site will be accessed by a minimum 10- foot -wide paved access.
IN, ADDITION, }THE A PPLICANT TSHOULD, BE AWARE e F THE FOLLOWING
�,3..... r .:�-, €�. I. �. €r. .,,.. THIS IS NOTrAN EXCLUSIVE LI • OF�THE COMMUNITY DEVELOPMENT CODE, � �, „, , . < .. € . .wwk...� „h
18.430.080 Improvement Agreement:
Before City approval is certified on the final plat, and before approved construction plans are
issued by the City, the Subdivider shall:
1. Execute and file an agreement with the City Engineer specifying the period within which all
required improvements and repairs shall be completed; and
2. Include in the agreement provisions that if such work is not completed within the period
specified, the City may complete the work and recover the full cost and expenses from the
subdivider.
The agreement shall stipulate improvement fees and deposits as may be required to be paid and
may also provide for the construction of the improvements in stages and for the extension of time
under specific conditions therein stated in the contract.
18.430.090 Bond:
As required by Section 18.430.080, the subdivider shall file with the agreement an assurance of
performance supported by one of the following:
1. An irrevocable letter of credit executed by a financial institution authorized to transact
business in the State of Oregon;
2. A surety bond executed by a surety company authorized to transact business in the State of
Oregon which remains in force until the surety company is notified by the City in writing that
it may be terminated; or
3. Cash.
NOTICE OF TYPE II DECISION SUB2002- 00001NAR2002- 00003, 00004, 00005 - TUSCANY SUB. PAGE 5 OF 28
The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a
registered civil engineer, to assist the City Engineer in calculating the amount of the performance
assurance.
The subdivider shall not cause termination of nor allow expiration of said guarantee without having
first secured written authorization from the City.
18.430.100 Filing and Recording:
Within 60 days of the City review and approval, the applicant shall submit the final plat to the
County for signatures of County officials as required by ORS Chapter 92.
Upon final recording with the County, the applicant shall submit to the City a mylar copy of the
recorded final plat.
18.430.070 Final Plat Application Submission Requirements:
Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon,
and necessary data or narrative.
The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the
Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS:
Centerline Monumentation
In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and
roadway rights -of -way shall be monumented before the City accepts a street improvement.
The following centerline monuments shall be set:
1. All centerline- centerline intersection points;
2. All cul-de -sac center points; and
3. Curve points, beginning and ending points (PC's and PT's).
All centerline monuments shall be set during the first lift of pavement.
Monument Boxes Required
Monument boxes conforming to City standards will be required around all centerline intersection
points, cul -de -sac center points, and curve points.
The tops of all monument boxes shall be set to finished pavement grade.
18.810 Street & Utility Improvement Standards:
18.810.120 Utilities
All utility lines including, but not limited to those required for electric, communication, lighting and
cable television services and related facilities shall be placed underground, except for
surface - mounted transformers, surface - mounted connection boxes, and meter cabinets which may
be placed above ground, temporary utility service facilities during construction, high capacity
electric lines operating at 50,000 volts or above.
18.810.130 Cash or Bond Required
All improvements installed by 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.
NOTICE OF TYPE II DECISION SUB2002- 00001NAR2002- 00003, 00004, 00005 - TUSCANY SUB. PAGE 6 OF 28
18.810.150 Installation Prerequisite
No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs,
lighting or other requirements shall be undertaken except after the plans therefor have been
approved by the City, permit fee paid and permit issued.
18.810.180 Notice to City Required
Work shall not begin until the City has been notified in advance.
If work is discontinued for any reason, it shall not be resumed until the City is notified. •
18.810.200 Engineer's Certification
The land divider's engineer shall rovide written certification of a form provided by the City that all
improvements, workmanship and materials are in accord with current and standard engineering
and construction practices, and are of high grade, prior to the City acceptance of the subdivision's
improvements or any portion thereof for operation and maintenance.
THISAPPROVAL SHALL BE VALID,FOR 18 MONTHS��3 X
FROM THE EFFECTIVE DATE OF THIS DECISION ' `
SECTION III. BACKGROUND INFORMATION
Vicinity Information:
A single - family residence that is to remain currently occupies the site. The property has been
utilized as farmland in the past, and is located adjacent to the Urban Growth Boundary. A search
of City records found no other activity on the site. The properties to the, north, south, and east of
this site are fully developed subdivisions with lot sizes ranging between 5,000 and 20,000 square
feet in size. The property to the west is farmland that is located outside of the Urban Growth
Boundary.
•
Site Information and Proposal Description:
The proposal is a 89 -lot subdivision on 15.19 acres of land and three adjustments that would
allow two "T" intersections on a minor collector to be spaced less than 300 feet, a cul -de -sac
length to exceed 200 feet, and a centerline curve radius on a minor collector to be less than 350
feet. One pre- existing residence is to remain on the site. The remaining lots are to be
developed with detached single- family homes. The lot sizes for this development would range
from 4,000 square feet to 12,613 square feet in size, and the average is 5,045 square feet.
SECTION IV. DECISION MAKING PROCEDURES. PERMITS AND USE
Use Classification: Section 18.130.020
Lists the Use Categories. •
The applicant is proposing a subdivision and three adjustments all of which are subject to Type II
administrative review. •
Decision Making Procedures: Chapter 18.390
Describes the decision- making procedures.
Type II procedures apply to quasi- judicial permits and actions that contain some discretionary
criteria. Type II actions are decided by the Director with public notice, and appeals are heard
by the Hearing's Officer.
SECTION V. NEIGHBORHOOD 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 the opportunity to provide written comments
prior to a decision being made.
NOTICE OF TYPE II DECISION .SUB2002- 00001NAR2002- 00003, 00004, 00005 - TUSCANY SUB. PAGE 7 OF 28
Seven letters were received from surrounding property owners. Their concerns are outlined
below followed by staff response. The issues are as follows:
• Concerns related to the lack of community recreation or parks.
Staff Response:
The proposal is within the jurisdiction of Washington County who at this time does not provide
for parks and recreation areas, nor do they exact system development charges to help pay for
parks in the area. The City is only responsible for facilitating the development of the area
through an intergovernmental agreement. Any requests for parks and open space in this area
must be made to the Washington County Board of Commissioners.
• Concerns related to the presence of wetlands and the degradation of wildlife habitat.
Staff Response:
This site has been analyzed for the presence of significant natural resources including wildlife
habitat and water and wetland areas in the preparation of the Bull Mountain Community Plan,
and as required by Clean Water Services, a survey of the property for sensitive areas has been
completed. The results are negative. The degradation of any significant habitat occurred within
the first few seasons that the property was farmed. There are no indications that wetlands or
natural springs are present on the subject site
• Concerns related to the loss of privacy to those homes that will be located adjacent to the
existing homes on Stahl Drive.
Staff Response:
Buffering and screening is only required by the Development Code to reduce impacts on
adjacent uses, which are of a different type. In this case, the single - family homes will be
adjacent to existing single - family homes. The uses are the same, so there are no buffering or
screening requirements that can be imposed on this development.
o There were concerns regarding diminished property values as a result of this
development.
Staff Response:
Property values are determined by the Washington County P Y
g yy Assessor and based on lot size, the
with providing
yy of other factors. The City of Tigard is charged p
value of construction, and a variety o Y g 9
a variety of housing opportunities for all levels of income as long as the development adheres to
the relevant code sections. The developer and the market dictate the type of construction and
costs of development. The property must be developed according to the Development code
requirements. Property values cannot be used to arbitrarily limit development types.
• There were concerns that the proposed subdivision would not be compatible with the
surrounding neighborhoods and subdivisions.
Staff Response:
There is nothing in the development code that allows the City to require construction of homes
that are "consistent" with surrounding subdivisions. "Compatible" construction is subjective and
would not be an appropriate standard. Because a subdivision does not take on the same
characteristics of the surrounding subdivisions does not mean that it is incompatible. Houses
are compatible with houses.
• The traffic counts for the cut - through and redistribution study were only taken from 4:00
PM to 5:00 PM.
Staff Response:
The typical PM eak hour is usually between the hours of 4:00 PM and 6:00 PM. The traffic
engineer should be able to make reasonable projections for the percentage of cut - through and
redistribution based on the data collected from 4:00 PM to 5 :00 PM. Staff does not take issue
with the timeframe chosen.
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• The adjustment to the horizontal curve standard should not be allowed. A tighter curve
will increase traffic speeds. The City should consider an L- shaped corner.
Staff Response:
This comment was addressed in the section that addresses 18.810.030.M. Staff disagrees that
the tighter curve will increase speeds. In reality, the 166 -foot radius curve will help hold speeds
down around the 25 -MPH design speed. A larger . curve here will only increase speeds.
• The City should consider stop signs on Roshak Road at the intersection of Milan Street.
Staff Response:
The Manual on Uniform Traffic Control Devices (MUTCD) sets the criteria for when stop signs
are warranted. For new development, it is recommended that the through movements not be
stopped. In the case of the intersection of Roshak Road /Milan Street, Roshak Road is the
through movement. Stop signs would likely be placed on Milan Street.
• There will be more traffic on Roshak Road.
Staff Response:
It is true that there will be an increase of traffic on Roshak Road, but the overall total traffic
volumes on this street are not expected to exceed 3,000 vehicles per day(The carrying capacity
of a designated minor collector).
• The City should consider speed humps on Roshak Road.
Staff Response:
Traffic calming for existing streets in this area would be covered by Washington County,, as the
City is not currently receiving funds from the County to address traffic calming on
unincorporated streets. However, the City has jurisdiction over new development in the
unincorporated area and has the authority to require public improvements as they are
warranted. Staff agrees to a certain extent that there could be speeding issues on Roshak
Road and that speed humps, in addition to the 166 -foot horizontal curve, could help alleviate
those issues. Speed humps are generally not placed on streets with grades in excess of 8 %.
Roshak Road will have a gradient of no more than 6.5% throughout this project. Staff finds that
two speed humps within the boundaries of this project, would be reasonable, with one hump to
be located at the north boundary and the other at the southeast boundary. The humps shall be
constructed to meet the City's design detail.
• The City should consider stop signs at every intersection.
Staff Response:
As was stated previously, the MUTCD establishes guidelines for when stop signs are required.
The City Engineer will determine the appropriate locations for stop signs as a part of the
construction plan review process.
• The elevation of the proposed walls along the north boundary will create drainage and
erosion problems for the existing lots to the north, and will compromise the land integrity
of those existing lots.
Staff Response:
At present, this site drains predominately to the north and west. The applicant is proposing the
retaining walls along the north boundary to enable the new lots to slope back toward the south
to where the lot drainage can be collected in the new streets (Tuscany Street). The engineer is
showing that individual storm laterals will be provided to every lot in the subdivision, which is
preferred. Staff spoke to the engineer about the grading plan, as it is showing that Lots 46
through 52 will be left with a northwesterly slope. The engineer stated that their intention is to
have the lots graded such that they have a more southwesterly slope. Staff agreed that the
grading plan for Lots 46 through 52 should be changed to reflect this. For Lots 1, 2 and 3, the
engineer indicated they would take another look at the grading plan and possibly make some
revisions to ensure that back yard drainage can be routed properly. It appears practical that
they would pick up the yard drainage in a pipe in the rear yards and connect into the storm line
proposed in Roshak Road. Overall, Staff is pleased with the grading and storm drainage plan.
NOTICE OF TYPE II DECISION SUB2002- 00001NAR2002- 00003, 00004, 00005 - TUSCANY SUB. PAGE 9 OF 28
When the new development is completed, there will be less runoff affecting the existing lots to
the north, than at the present.
The installation of the public sanitary sewer line in the back of existing lots along the west
edge of Kerron's Crest may cause structural disturbances to the existing homes.
Staff Response:
The new sanitary sewer line will be constructed at the very west edge of the existing lots, and
should be no deeper than four feet. For the trench to impact the existing, foundations, it would
have to be within four feet of the foundations. Since all of the houses in question have rear
yards of at least 15 feet, this will not be an issue. Therefore, the new sanitary sewer trench will
not create a foundation disturbance.
The developer will not be able to sufficiently drain the north end of the project adjacent to
the existing homes along Stahl Drive. Existing drainage from the Polygon development
to the east was allowed to temporarily drain through a storm culvert in the back of the
existing lots.
Staff Response:
The applicant's plan shows that they will abandon the connection to the storm line in the back of
the lots to the north. All new storm drainage from the north end of the project will either be
piped directly to the system in Roshak Road, or to the northwest corner where a new offsite
storm drainage line will be constructed. The proposed plan shows that the drainage will be
sufficiently accommodated without impact to the existing lots along Stahl Drive.
The traffic, drainage, and removal of trees are addressed further in the following discussion of
the application and how it addresses the standards and criteria set forth in the Tigard
Development Code and Comprehensive Plan.
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
Variances and Adjustments: Section 18.370.020(9)
Street improvement requirements may be adjusted where it is determined that 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.
The applicant has requested three adjustments to the street standards. They are addressed in
the discussion of street standards in Section 18.810.
IMPACT STUDY: Section 18.390.040.B.e
Requires that the applicant shall include an impact study. The study shall address, at a
minimum the transportation system, including bikeways, the drainage system, the parks
system the water system, the sewer system, and the noise impacts of the development.
For each public facility system and type of impact of the development on the public at large,
public facilities systems, and affected private roperty users. In situations where the
Community Development Code requires the dedication of real property interests, the
applicant shall either specifically concur with the dedication of real property interest or
provide evidence which supports the conclusion that the real property dedication
requirement is not roughly proportional to the projected impacts of the development.
Rough Proportionality Analysis
Based on a transportation impact study prepared for the A-Boy Expansion /Dolan /Resolution 95 -61,
TIF's are expected to recapture 32 percent of the traffic impact of new development. Presently, the
TIF for each residential trip that is generated is $226.
According to the Washington County TIF ordinance, 32 percent of a projects impacts are met by its
TIF assessment in Tigard. This leaves 68 percent unmitigated. The actual cost of system
improvements per trip generated by new development on the Tigard arterial and collector street
system can be determined by the following equation (Larson, Mackenzie Engineering, Dolan
Findings, June 1995):
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$226 divided by .32 equals $725. ($226 is the residential use trip rate per trip TIF assessment
according to the Washington County TIF ordinance).
According to the ITE manual figures and the TIF ordinance, a single - family residential unit
generates 10 average weekday trips per dwelling unit, per day. As there are 89 new dwelling units
proposed, 890 trips are generated per day for this site.
Less Mitigated Costs
Because the construction of the interior streets are necessary to service the interior lots, there are
no required off -site improvements.
Estimate of unmitigated impacts
Full Impact is equal to 890 daily trips x $725 = $645,250
Less TIF Assessment 890 daily trips x $226 = $ 201,140
Unmitigated Impacts = $444,110
FINDINGS: Using the above cost factors and the information provided, it can be determined that
there are no unmitigated impacts for this development, therefore, the conditions meet
the rough proportionality test to the impacts sustained and are thereby justified.
LAND DIVISIONS - SUBDIVISONS: CHAPTER 18.430
Subdivision Approval Criteria (Preliminary Plat): 18.430.040
The proposed preliminary plat complies with the applicable zoning ordinance and other
applicable ordinances and regulations
The applicant was informed that the City has a policy that requires that new subdivisions within the
Urban Service Area sign a consent to annex. The applicant did not address the policy, or indicate
to staff that the consent would be provided.
FINDING: The proposal does not comply with the City policy that states that new subdivisions
are required to provide consent for annexation in the form of a non - remonstrance
agreement.
CONDITION: The property owner shall sign a consent to annex.
The proposed plat name must not be duplicative and must otherwise satisfy the provisions
of ORS Chapter 92.
The applicant has provided materials demonstrating that the proposed subdivision name has
been reserved with Washington County, thus insuring that the name is not duplicative. This
criterion 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 modify the street or road pattern.
The applicant has proposed to connect to existing SW Roshak Road, SW Palermo Lane, and SW
Tuscany Street and extend these streets into the subdivision. Further in the discussion of this
proposal, staff finds that there is reason to warrant an additional connection towards Roy Rogers
due to block length and connectivity standards, and the designation of the property as a tier 1
expansion area. This criterion has not been met, and is discussed in more detail under Section
18.810.
An explanation has been provided for all common improvements.
The applicant has provided an explanation for all common improvements as required and,
therefore, satisfied this criterion. Specific details of the proposed improvements are discussed later
in this decision under the Street and Utility Improvement Standards, Section 18.810.
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FINDING: Based on the analysis above, the proposal meets, or will be conditioned in this •
decision to meet, the preliminary plat approval standards for subdivisions.
ZONING DISTRICT
Residential Zoning District: Section 18.510.020
The R -7 medium density- residential zoning district is designed to accommodate detached
single- family units at a minimum lot size of 5,000 square feet. Averaging of the lots is allowable
. and is discussed in more detail later. This proposal fits this criteria and is discussed in the
following section of this decision.
Development Standards: Section 18.510.050
States that Development standards in residential zoning districts are contained in
Table 18.510.2 below: .
The subject site and the surrounding properties are all designated R -7 Medium - Density
Residential.
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
ST T � m � E R - 3 5 -4 5 E R . ..d��
�AN�m'S � �.� _, .�� �� - � R 1 � � R_2�� :��� � o,_. �. �,�R��7��
Minimum Lot Size
- Detached unit 30,000 sq.ft. 20,000 sq.ft. 10,000 sq.ft. 7,500 sq.ft. 5,000 sq. ft.
- Duplexes 10,000 sq.ft. 10,000 sq.ft.
- Attached unit [11 5,000 sq.ft.
Average Minimum Lot Width
- Detached unit lots 100 ft. 100 ft. 65 ft. 50 ft. 50 ft.
- Duplex lots 90 ft. 90 ft. . 50 ft.
• - Attached unit lots 40 ft.
Maximum Lot Coverage - - - - 80 % [
Minimum Setbacks
- Front yard 30 ft. 30 ft. 20 ft. 20 ft. 15 ft.
- Side facing street on
corner & through lots 20 ft. 20 ft. 20 ft. . 15 ft. 10 ft.
- Side yard 5ft. 5ft. 5ft. 5ft. 5ft.
- Rear yard 25 ft. 25 ft. 15 ft. 15 ft. 15 ft.
- Side or rear yard abutting more
restrictive zoning district 30 ft.
- Distance between property line
and front of garage 20 ft. 20 ft. 20 ft. 20 ft. 20 ft.
Maximum Height 30 ft. 30 ft. 30 ft. 30 ft. . 35 ft.
Minimum Landscape Requirement - - - - 20%
[1] Single- family attached residential units permitted at one dwelling per lot with no more than five attached units in one
grouping.
[2] Lot coverage includes all buildings and impervious surfaces.
Since the proposed development is a subdivision, in which lots will be developed individually at
a later time, it is not necessary, to demonstrate compliance with setback, building height, lot
coverage, and landscaping requirements at this time. These standards will be reviewed at the
time of building permit issuance as conditioned below.
The proposal is to create 89 lots that vary in size from 4,000 square feet to'12,613 square feet,
and TDC Chapter 18.430.020(D) allows for the averaging of lot sizes to meet the minimum
standard.. When averaged, no lot may be smaller than 80% of the required lot size within the
underlying district. In this case, no lot can be smaller than 80% of 5,000 square feet, which is
4,000 square feet. None of the proposed lots are below 4,000 square feet in area. The average
lot size of this development is 5,045 square feet.
The R -7 zoning district calls for a minimum lot width of 50 feet. The proposed lot widths meet or
exceed this standard with widths ranging from 50 feet to135 feet.
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FINDINGS: The average lot size of this development will be 5,045 square feet. The lot size
standard has been satisfied according to TDC Section 18.430.020(D).
The proposed project complies with all development standards in residential
zones, with the exception of setback, building height, lot coverage, and landscape
regulations, which are not being evaluated at this time. To ensure that all code
requirements are satisfied, the following condition shall apply:
CONDITION:At the time of building permit review, plans for the construction of individual homes
on individual lots in the subdivision shall demonstrate compliance with setbacks,
building height, lot coverage, and landscaping requirements, per Table 18.510.2.
ACCESS, EGRESS, AND CIRCULATION: CHAPTER 18.705
Minimum access requirements for residential use: Section18.705.030H.
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;
TABLE 18.705.1
VEHICULAR ACCESS /EGRESS REQUIREMENTS:
RESIDENTIAL USE (6 OR FEWER UNITS)
Number Dwelling Minimum Number M inimum Access :Minimum Pavement s
Unit/Lots of Driveways Width Width � r
R equire
1 or 2 .7 1 15 feet 10 feet
3 -6 1 20 feet 20 feet
FINDING: All proposed lots will have more than the required 15 feet of access frontage
required for single- family dwellings. To ensure that the minimum width pavement
requirement is met at the time of development of each parcel, the following
condition shall apply:
CONDITION:At the time of application for building permits for individual homes, the applicant
shall demonstrate that each site will be accessed by a minimum 10- foot -wide
paved access.
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.
This is a proposal for a single - family development. 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 individual homeowners will maintain the access drives once the property is developed and
sold. The Tualatin Valley Fire and Rescue district has reviewed the proposal and the comments
have been incorporated where necessary. This criterion is satisfied.
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 %.
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There are no access drives proposed that would exceed 150 feet in length. This criterion has
been met.
Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at
least 30 feet), may be required so as to reduce the need for excessive vehicular backing
motions in situations where two vehicles traveling in opposite directions meet on
driveways in excess of 200 feet in length.
There are no proposed driveways in this development that exceed 200 feet in length. The
deepest lot in the proposed development is 169 feet, therefore, this criterion does not apply.
Where permitted, minimum width for driveway approaches to arterials or collector streets
shall be no less than 20 feet so as to avoid traffic turning from the street having to wait
for traffic exiting the site.
Roshak Road is a collector street, however, access has not been proposed to this road from any
of the lots within this development. Therefore, this standard does not apply to this proposal.
FINDING: As conditioned, the proposed development will comply with all applicable access,
egress, and circulation requirements of Chapter 18.705.
DENSITY COMPUTATIONS: CHAPTER 18.715
Density Calculation: 18.715.020
A. Definition of net development area. Net development area, in acres, shall be
determined by subtracting the following land area(s) from the gross acres, which is
all of the land included in the legal description of the property to be developed:
• All sensitive land areas: a. Land within the 100 -year floodplain; b. Land or
slopes exceeding 25 %; c. Drainage ways; and d. Wetlands.
• All land dedicated to the public for park purposes;
• All land dedicated for public rights -of -way. When actual information is not
available, the following formulas may be used: Single- family development:
allocate 20% of gross acreage; Multi- family development: allocate 15% of
gross acreage.
• All land proposed for private streets; and
• A lot of at least the size required by the applicable base zoning district, if an
existing dwelling is to remain on the site.
B. Calculating maximum number of residential units. To calculate the maximum
number of residential units per net acre, divide the number of square feet in the' net
acres by the minimum number of square feet required for each lot in the applicable
zoning district.
The net development area is determined by subtracting from the gross area, the land needed for
public streets. The calculations are as follows:
Gross lot area 661,676.4 square feet
Street dedication - 201,609.11 square feet
One single- family home (retention) - 12,612 square feet
NET DEVELOPABLE AREA 447,455.29 square feet
To calculate the maximum allowed density, net developable area is divided by the minimum
allowed square footage within the zone, as follows:
R -7 zone
447,455.29/5000 = 89 dwelling units
FINDING: The proposed 89 dwelling units do not exceed maximum density, therefore, this
standard is met.
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C. Calculating minimum number of residential units. As required by Section
18.510.040, the minimum number of residential units per net acre shall be
calculated by multiplying the maximum number of units determined in Subsection
B above by 80% (0.8).
The minimum required density is determined by the following calculation:
89 units X 0.80 = 71
FINDING: The standard for minimum density is met.
ENVIRONMENTAL PERFORMANCE STANDARDS: CHAPTER 18.725
Requires that federal and state environmental laws, rules and regulations be applied to
development within the City of Tigard. Section 18.725.030 Performance Standards
regulates: Noise, visible emissions, vibration and odors.
Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through
7.40.210 of the Tigard Municipal Code shall apply.
Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I -P)
zoning district, there shall be no use, operation or activity which results in a stack or other
point- source emission, other than an emission from space heating, or the emission of pure
uncombined water (steam) which is visible from a property line. Department of
Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340 -28 -070) apply.
Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is
permitted in any given zoning district which is discernible without instruments at the
property line of the use concerned.
Odors. The emissions of odorous gases or other matter in such quantities as to be readily
detectable at any point beyond the property line of the use creating the odors is prohibited.
DEQ rules for odors (340 -028 -090) apply.
Glare and heat. No direct or sky reflected glare, whether from floodlights or from high
temperature processes such as combustion or welding, which is visible at the lot line
shall be permitted, and; 1) there shall be no emission or transmission of heat or heated
air which is discernible at the lot line of the source; and 2) these regulations shall not
apply to signs or floodlights in parking areas or construction equipment at the time of
construction or excavation work otherwise permitted by this title.
Insects and rodents. All materials including wastes shall be stored and all grounds shall
be maintained in a manner which will not attract or aid the propagation of insects or
rodents or create a health hazard.
FINDING: As this is a typical detached single - family project, which is a permitted use in the
R -7 zone, none of the environmental conditions that have been listed above will be
compromised beyond allowable levels. The above performance standards are
met. These standards would be subject to code enforcement investigation if for
some reason the above standards were in question.
EXCEPTIONS TO DEVELOPMENT STANDARDS: CHAPTER 18.730
FLAG LOTS:
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% stories or 35 feet, whichever is less, provided:
The proposed dwelling otherwise complies with the applicable dimensional
requirements of the zoning district;
A 10 feet side yard will be preserved;
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• 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
• 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.
Lot area for flag Tots:
• The lot area for a flag lot shall comply with the lot area requirements of the
applicable zoning district;
• The lot area shall be provided entirely within the building site area exclusive of any
accessway
Front yard determination:
The owner or developer of a flag lot may determine the location of the
front yard, provided no side yard setback area is less than 10 feet and provided the
requirements of Section 18.730.010C, Building Heights and Flag Lots, are satisfied.
The applicant has proposed two flag lots within this proposal (Lots #31 and 32). The have
indicated that single- family residences will be constructed on these lots but have not indicated
the design. The building height and location will be verified at the time the applicant requests a
building permit on these two lots.
FINDING The applicant has proposed two flag lots within this subdivision that will be subject
to the standards regarding flag lots within Chapter 18.730.
CONDITION:At the time of building permit review, plans for the construction of homes on lots 31
and 32 in the subdivision shall demonstrate compliance with Section18.730.
LANDSCAPING AND SCREENING: CHAPTER 18.745
Establishes standards for landscaping, buffering and screening to enhance the aesthetic
environmental quality of the City.
The R -7 zoning district requires a minimum of 20% landscaping on individual lots. As conditioned
previously, the applicant will be required to demonstrate compliance with this standard at the time
of building permit review. Additionally, the applicant has provided staff with a preliminary
landscape plan for the tracts and water quality facility that exceed the requirements. This criterion
is satisfied.
Section 18.745.040. states that all development projects fronting on a public street private
street, or a private driveway more than 100 feet in length after the adoption of this title shall
be required to plant street trees in accordance with the standards in Section 18.745.040C.
The applicant has illustrated the street trees along all required frontages. The plan shows both
Raywood Ash and Chanticleer Pears trees, both of which are approved street trees. This
standard is satisfied.
Buffering and Screening: Section 18.745.050
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 subject site is surrounded by single - family developments with the exception of the farmland
that is located to the west of this property. Since the uses on the north, south, and east of this
property are existing single- family homes, there is no requirement for buffering and screening
for this project.
FINDING: As conditioned, the proposed development will comply with all applicable
Landscaping and Screening requirements of Chapter 18.745.
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OFF- STREET PARKING AND LOADING REQUIREMENTS: CHAPTER 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 project will create 89 lots for single - family dwellings. Submittals of detailed plans for
the construction of homes within the development are not necessary at this time. Table 18.765.2
requires that one (1) off - street parking space be provided per detached dwelling unit. There is no
maximum limit on parking allowed for detached single-family dwellings. There is also no bicycle
parking requirement for single- family dwellings. Staff notes that there is a 20 -foot required setback
from the face of garages to property lines in all residential zones. To ensure that 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 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.
TREE REMOVAL: CHAPTER 18.790
A tree plan for the planting, removal and protection of trees prepared by a certified arborist
shall be provided with a site development review application. The tree plan shall include
identification of all existing trees, identification of a program to save existing trees or
mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection
program defining standards and methods that will be used by the applicant to protect trees
during and after construction.
The applicant has provided an arborist report dated January 21, 2002 from Walter Knapp. In
the report, the arborist states that there are a total of 118 trees on site. Of the 118 trees, 18 are
more than 12 inches in diameter at 4 feet above grade. All trees with the exception of those that
are located around the existing home are scheduled for removal to accommodate construction.
Since none of the trees over 12 inches are being retained, the TDC requires 100% mitigation.
The total caliper inches that need to be mitigated is 248. The applicant has indicated in the
narrative that 44 inches of new plantings will take place in the water quality facility and within
tracts "B" and "C ". This leaves a deficit of 204 inches that will need to be mitigated for.
FINDING: The proposal retains less than 25% of the trees that are over twelve inches,
and must mitigate 100% of the caliper inches of the trees that are lost.
According to the TDC and the information provided to staff, the developer
must mitigate 204 inches.
CONDITIONS:
Prior to site work, the applicant shall submit a tree protection plan to
the City Arborist identifying proposed measures that will be used
during construction to protect those trees identified on -site for
preservation and those trees on adjacent properties that will likely be
affected by the removal of trees on this site. The City Arborist must
inspect and approve the protection measures prior to site work.
Prior to final plat approval, the applicant shall pay the fee in -lieu of
planting for roposed on -site tree mitigation for 204 caliper inches to
be removed. At a cost of $125.00 a caliper inch, the applicant is
required to pay $25,500 dollars in mitigation.
Visual Clearance Areas: Section 18.795
Clear vision area shall be maintained on the corners of all property adjacent to intersection
of two streets, a street and a railroad, or a driveway providing access to a public or private
street. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or
temporary or permanent obstruction exceeding three (3) feet in height, measured from the
top of the curb, or where no curb exists, from the street center grade, except the trees
exceeding this height may be located in this area, provided all branches below eight feet
are removed. For arterial streets the visual clearance shall not be less than 35 feet on each
side of the intersection.
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No specific plans for the construction of structures are required through the subdivision process.
Compliance with vision clearance requirements shall be confirmed through the building permit
process for all homes to be constructed within the development. The applicant has illustrated
the clear vision areas on the plans for the intersections, and has indicated in the narrative that
there will be no obstructions placed within these areas. This standard is met.
Street And Utility Improvements Standards (Section 18.810):
Street And Utility Improvements Standards (Section 18.810): implementation 18.810 provides construction standards for the mplementation of public and
private facilities and utilities such as streets, sewers, and drainage. The applicable
standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall
be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a
portion of an existing street shall be dedicated and improved in accordance with the TDC.
Minimum Rights -of -Way and Street Widths: Section 18.810.030(E requires a local
residential street to have a 42 to 50 -foot wide right-of-way width and a 24 to 32 -foot paved
section. A minor collector roadway would require a 60 -foot wide right -of -way width and a
40 -foot paved section. Other improvements required may include on- street parking
sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street
trees.
SW Roshak Road
SW Roshak Road is stubbed into the southeast and north boundaries of this site. The existing
Improvements to the north and southeast of this site were
constructed under Was
hin ton
County approvals with a 60 -foot ROW and a 36 -foot wide paved section. The City's minor
collector standard would require a 40 -foot paved section. However, the new Transportation
System Plan (TSP) which took effect on February 7, 2002 (after this application was submitted)
classifies the roadway as a collector to be constructed with a 36 -foot wide paved section and a
60 -foot ROW width. Staff finds that it would be appropriate to apply the new TSP standard to
this roadway in order to have a consistent paved section throughout the area. The new TSP
standard also requires planter strips between the curb and sidewalk, which differs from the old
County standard. Staff finds that it would be reasonable to expect the developer to provide
sidewalk transitions at each end of the project to provide the planter strips within the boundaries
of this project.
A traffic impact report was submitted for this project. A detailed discussion of this report and the
findings of the traffic engineer is located later in this report.
New Internal Streets
All internal streets are proposed to be constructed within a 44 -foot wide ROW and have
32- foot -wide paved sections. This would necessitate that the street trees (to be planted behind
the curb -tight sidewalk) be placed in special landscape easements. This concept has been
approved by the City in other projects based on the flexibility allowed by TDC 18.745.040.C.1.
That section of the TDC permits street trees to be placed in front yards. Therefore, the
applicant's internal street network and cross section is acceptable.
There are two proposed street names that will need to be changed: Palermo Lane and Venezia
Circle. The applicant has shown Palermo Lane, which is an existing street east of this site, to
extend into the project and curve to the north end of the site. To avoid confusion wit
addressing, Staff recommends the name of the street change at the new intersection at 164
Avenue. At this point, the roadway will transition into more of a north /south direction and the
new lots would be addressed from the north /south grid. The new name of the street would need
to have an "Avenue" designation. For Venezia Circle, the designation "Circle" is not permitted,
and the City will not allow this street to have the same name throughout its length. The
east/west portion of the street must have a different name than the north /south portion, again to
avoid addressing confusion. The east/west portion should have a "Lane" designation and the
north /south portion should have a "Terrace" designation.
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The proposed eyebrow corners at Venezia Circle and at Tuscany Street/163 Court do not
appear to meet the Washington County eyebrow standard detail No. M- 405.5. This detail has
been approved by the City for use in City projects. The applicant will need to adjust the design
of these two corners so they will comply with the County detail.
Future Street Plan and Extension of Streets: Section 18.81O.O3O(F) states that a future
street plan shall be filed which shows the attern of existing and proposed future streets
from the boundaries of the proposed land division. This section also sates that where it is
necessary to give access or permit a satisfactory future division of adjoining land, streets
shall be extended to the boundary lines of the tract to be developed and a barricade shall
be constructed at the end of the street. These street stubs to adjoining properties are not
considered to be cul-de -sacs since they are intended to continue as through streets at such
time as the adjoining property is developed. A barricade shall be constructed at the end of
the street by the property owners which shall not be removed until authorized b the City
Engineer, the cost of which shall be included in the street construction cost. Temporary
hammerhead turnouts or temporary cul-de -sac bulbs shall be constructed for stub streets
in excess of 150 feet in length.
A future street plan was not required for this project. This project is an infill development with
existing streets stubbing to the site. The applicant has proposed to extend Tuscany Street to the
west boundary of the site, in the event the area west of this site is brought inside the Urban Growth
Boundary (UGB). Another connection may be warranted and is discussed later when discussing
block length and connectivity.
Street Alignment and Connections: Section 18.81O.O3O(G) states that staggering of streets
making "T" intersections at collectors and arterials shall not be designed so that jogs of less
than 300 feet on such streets are created, as measured from the centerline of such street.
Spacing between local street intersections shall have a minimum separation of 125 feet. All
local 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. In the case of environmental or topographical constraints, the
mere presence of a constraint is not sufficient to show that a street connection is not possible.
The applicant must show why the constraint precludes some reasonable street connection.
The applicant has requested an adjustment to the "T" intersection standard, in
accordance with 18.370.O2O.C.9. The criteria for granting adjustments to 18.810 are as
follows:
"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 the standards."
The proposed intersection of 163 Avenue /Roshak Road is approximately 223 feet west of the
existing intersection of 162 " Terrace /Roshak Road. The proposed intersection of Tuscany
Street/Roshak Road is approximately 230 feet south of the existing intersection of Stahl
Drive /Roshak Road, and approximately 217 feet north of the proposed intersection of Milan
Street/Roshak Road.
Applicant's Response:
The applicant states that the proposed development must connect the existing street stubs of
Roshak Road at the east property line and north property line. The existing location of streets
in the area combined with topographical constraints and the density required to be developed
on the site dictate the development pattern for the site. Strict application of the subject
standards would result in an unacceptable adverse impact on the proposed development by
reducing the number of lots that this project could yield. A reduction in density would affect the
viability of the project and compromise the City's and Metro's goals for increasing density within
the UGB.
NOTICE OF TYPE II DECISION SUB2002- 00001NAR2002- 00003, 00004, 00005 — TUSCANY SUB. PAGE 19 OF 28
Staff Response:
Staff concurs that the location of existing streets in the area dictates to a reat extent where
new streets are networked in the new development. Staff also concurs that the applicant has
done a reasonable job of networking the streets in the new development to achieve the
required density on this site. Staff finds that an adjustment to the "T" intersection standard is
appropriate and recommends approval.
Cul -de -sacs: Section 18.81O.03O.K 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:
• All cul -de -sacs shall terminate with a turnaround. Use of turnaround configurations
other than circular, shall be approved by the City Engineer; and
• The length of the cul-de -sac shall be measured along the centerline of the roadway
from the near side of the intersecting street to the farthest point of the cul-de -sac.
• 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.
SW 163 Court is a new cul -de -sac proposed in this development. The proposed length of this
street is 234 feet. Staff and the applicant worked on this issue and both found that a cul -de -sac
would be the best solution. If the street were to be connected to Roshak Road, the intersection
l point would be forced to be on the inside of the horizontal curve, which is a very dangerous
ocation for a street intersection. Pedestrian movements will be preserved because the
applicant is proposing a connection between the sidewalk on 163 Court and Roshak Road via
a pedestrian path. Staff has since talked to the applicant's engineer about eliminating the
curvilinear path and simply connecting the two sidewalks on grade where the bulb of 163 Court
nearly touches Roshak Road. The engineer agreed that the sidewalk connection would be
better. In summary, Staff supports the applicant s request for an adjustment to the cul -de -sac
length standard.
Grades and Curves: Section 18.81O.O3O.M states that grades shall not exceed ten
percent on arterials, 12% on collector streets, or 12% on any other street (except that
local or residential access streets may have segments with grades up to 15% for
distances of no greater than 250 feet), and:
• Centerline radii of curves shall not be less than 700 feet on arterials, 500 feet on
major collectors, 350 feet on minor collectors, or 100 feet on .other streets; and
• Streets intersecting with a minor collector or greater functional classification
street, or streets intended to be posted with a stop sign or signalization, shall
provide a landing averaging five percent or less. Landings are that portion of the
street within 20 feet of the edge of the intersecting street at full improvement.
The proposed centerline radius of Roshak Road, between 163 Avenue and Milan Street, is 166
feet. The applicant has requested an adjustment to this standard based upon a discrepancy
between it and the City's Public Improvement Design Standards (PIDS). The PIDS, which are
approved by the City Engineer, allow a centerline radius of 166 feet for a roadway where the
design speed is 25 MPH.. It is Staffs opinion that Roshak Road should be designed for 25 MPH
because the existing portions of Roshak Road, constructed under Washington County review,
• were constructed under the County minor collector classification of C -12, at a design speed of
25 MPH. The County road improvement standards would allow a centerline radius of 165 feet
for a minor collector at a 25 -MPH design speed.
The existing portions of Roshak Road were constructed to allow direct access from residential
lots. This access provision would further support the 25 -MPH design speed. With this new
development being constructed to City standards, with no direct access permitted, it would not
make sense to require a higher design speed within this development only. Enlarging the
horizontal curve would only increase the potential for speeding, which is one of the predominant
complaints from the neighbors around this development. The 166 -foot radius makes sense in
this area and is supported by Staff.
NOTICE OF TYPE II DECISION SUB2002- 00001NAR2002- 00003, 00004, 00005 — TUSCANY SUB. PAGE 20 OF 28
Access to Arterials and Major Collectors: Section 18.810.030.P states that where a
development abuts or is traversed by an existing or proposed arterial or major collector
street, the development design shall provide adequate protection for residential
properties and shall separate residential access and through traffic, or if separation is
not feasible, the design shall minimize the traffic conflicts. The design shall include any
of the following:
• A parallel access street along the arterial or major collector;
• Lots of suitable depth abutting the arterial or major collector to provide adequate
buffering with frontage along another street;
• Screen planting at the rear or side property line to be contained in a nonaccess
reservation along the arterial or major collector; or
• Other treatment suitable to meet the objectives of this subsection;
• If a lot has access to two streets with different classifications, primary access
should be from the lower classification street.
There are no arterials or major collectors abutting this site.
Private Streets: Section 18.810.030.S states that design standards for private streets
shall be established by the City Engineer. The City shalt 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.
No private streets are proposed with this development.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall
be designed with due regard to providing adequate building sites for the use contemplated,
consideration of needs for convenient access, circulation, control and safety of street
traffic and recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets
shall not exceed 1,800 feet measured along the right -of -way line except:
• Where street location is precluded by natural topography, wetlands or other bodies
of water or, pre - existing development or;
• For blocks adjacent to arterial streets, limited access highways, major collectors or
railroads.
• For non - residential blocks in which internal public circulation provides equivalent
access.
• bicycle and pedestrian connections on public easements or right -of -ways shall be
provided when full street connection is not possible. Spacing between connections
shall be no more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict adherence to
other standards in the code.
Where block sizes have exceeded 1,800 square feet within the proposal, the applicant has
provided pedestrian connections as required. There are no opportunities for additional
connections to the north, south, and east due to pre- existing development. The property directly
to the west is outside of the urban growth boundary; however, Metro has designated the
property a tier 1 property. Tier 1 properties are those properties that will most likely be added to
the urban growth area within the next expansion. The applicant did not anticipate a connection
in the way of a future access to the west because of the location of the Urban Growth Boundary.
Because of it's designation and the likelihood that the property will be developed in some
fashion, the need for a full street connection is apparent. This criterion is not met.
FINDING: The proposal fails to provide a connection not more than 330 feet from any other
connection along the western boundary as prescribed by the TDC. Without a
connection, property to the west that will be developed in the future will not be able to
meet the block size standards of Section 18.810.040. It is feasible to place a
connection with Venezia Circle or consider a Connection with an eyebrow corner at
SW Palermo Street.
NOTICE OF TYPE II DECISION SUB2002- 00001NAR2002- 00003, 00004, 00005 - TUSCANY SUB. PAGE 21 OF 28
CONDITION: Prior to final plat approval, the applicant shall demonstrate compliance with TDC
Section 18.810.040 by providing an additional connection to the western boundary
of the property.
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5
times the average lot width, unless the parcel is Tess than 1.5 times the minimum lot size of
the applicable zoning district.
None of the proposed lots have a depth that exceeds 2% times its average width. This criterion is
satisfied.
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on
public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c
applies, which requires a parcel to either have a minimum 15 -foot frontage or a minimum
15 -foot wide recorded access easement. In cases where the lot is for an attached single -
family dwelling unit, the frontage shall be at least 15 feet.
All lots including the flag lots have a minimum of 25 feet of frontage onto a public or private
street as required. This criterion is 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.
By constructing sidewalks on both sides of Roshak Road and the other internal streets, as
shown on the applicant's preliminary plan, this standard will be met.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve
each new development and to connect developments to existing mains in accordance with
the provisions set forth in Design and Construction Standards for Sanitary and Surface
Water Management (as adopted by Clean Water Services in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive plan.
Over - sizing: Section 18.810.090.0 states that proposed sewer systems shall include
consideration of additional development within the area as projected by the Comprehensive
Plan.
Since this development is located within the Urban Services Boundary (USB), the sanitary and
storm drainage design for the project will be reviewed and approved by CWS.
Existing public sanitary sewer lines are available to serve this development from two locations:
1. SW Roshak Road immediately north of the site, and
2. SW Leeding Lane, further to the north.
The applicant's plans show that they will extend 8 -inch sewer lines throughout the site. In order
to serve the western portion of the site, the applicant's engineer proposes offsite construction of
an 8 -inch sewer line that would extend from the northwest corner of this project, north along the
western edge of Kerron's Crest No. 4 inside an existing public sanitary and storm drainage
easement, to SW Leeding Lane. The new sewer will tie into an existing manhole at the
intersection of Leeding Lane /Stahl Drive. CWS has been coordinating with the applicant's
engineer with regard to this design.
Staff noted one possible problem with the applicant's sewer design, in how Lots 31 and 32 will
be served. The engineer has shown what appears to be a private sewer line extending from
Palermo Lane in the private driveway that will service the two lots. CWS will not likely approve
such a design, as each lot must have an individual connection to a main public sewer line.
CWS will have the final decision authority for this design.
NOTICE OF TYPE II DECISION SUB2002- 00001NAR2002- 00003, 00004, 00005 - TUSCANY SUB. PAGE 22 OF 28
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).
The applicant's storm drainage plan sufficiently addresses upstream drainage entering the site
via the stub streets Tuscany Street, Roshak Road and Palermo Lane. All street runoff from
these existing streets will be captured in the new system and piped through the site to the
various discharge points.
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 institute a stormwater detention /effective impervious area reduction
program resulting in no net increase in storm peak flows up to the 25 -year event. As was
mentioned previously, the storm drainage system for this development will be reviewed and
approved by CWS. CWS submitted comments to the City indicating that they will require the
applicant to submit a downstream analysis to determine if there are downstream deficiencies
that would require improvement or onsite detention.
There are three locations wh drainage from this site can be directed. There is an existing 30-
inch public storm line in 164 Avenue to the south of this site. That location will enable a small
portion of the southern end of this site to be drained. There is an existing public storm line in
Roshak Road to the north of this site that can be extended into this development to drain a large
portion of the east half of the site. The remainder of the site will need to be directed to the
northwest corner of the site, where an offsite public storm drainage line is proposed to be
constructed in parallel with the proposed offsite sanitary sewer line, along the west edge of
Kerron's Crest No. 4. The proposed offsite storm drainage alignment would head west along
the north boundary of Tax Lot 3301 (Map 2S1 06). The applicant is currently working to obtain
the necessary offsite easement to allow this alignment. The applicant's engineer has been
coordinating with CWS for this design.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed
bikeways identified on the City's adopted pedestrian /bikeway plan shall include
provisions for the future extension of such bikeways through the dedication of
easements or right -of -way.
The Transportation System Plan (TSP), although not applicable for this review, does not require
bike lanes for SW Roshak Road or additional pedestrian pathways in this area.
Cost of Construction: Section 18.810.110.B states that development permits issued for
planned unit developments, conditional use permits, subdivisions, and other
developments which will principally benefit from such bikeways shall be conditioned to
include the cost or construction of bikeway improvements.
Not applicable.
NOTICE OF TYPE II DECISION SUB2002- 00001NAR2002- 00003, 00004, 00005 - TUSCANY SUB. PAGE 23 OF 28
Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within
the roadway is five feet per bicycle travel lane. Minimum width for two -way bikeways
separated from the road is eight feet.
Not applicable.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric
communication, lighting and cable television services and related facilities shall be placed'
underground, except for surface mounted transformers, surface mounted connection
boxes and meter cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric lines operating at 50,000 volts or above,
and:
• The developer shall make all necessary arrangements with the serving utility to
provide the underground services;
. The City reserves the right to approve location of all surface mounted facilities;
• All underground utilities, including sanitary sewers and storm drains installed in
streets by the developer, shall be constructed prior to the surfacing of the streets;
and
• Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
Exception to Under - Grounding Requirement: Section 18.810.120.0 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 no existing overhead lines adjacent to this development.
ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Traffic Study Findings:
Kittelson & Associates, Inc. prepared a traffic impact report, dated January 18, 2002. The report
covers various issues, such as the anticipated new traffic that will be generated, the impact to
local intersections, and the estimated redistribution of traffic once Roshak Road 1s completed.
First, Kittelson calculated that this development would generate approximately 930 new vehicle
trips during an average weekday. They studied the following intersections to determine the
project impact:
• Barrows Road /Rosiak Road;
• Barrows Road /160 Avenue;
• Bull Mountain Road / Roshak Road; and
• Bull Mountain Road /164 Avenue.
At present, all four of the study intersections operate at Level of Service (LOS) C or better
during in the AM and PM peak periods. Figure 10 of the report shows the total anticipated
traffic in the year 2003, with background traffic growth combined with the anticipated onsite
traffic. Kittelson found that all of the study intersections will continue to operate at LOS C or
better, which is acceptable.
NOTICE OF TYPE 11 DECISION SUB2002- 00001NAR2002- 00003, 00004, 00005 - TUSCANY SUB. PAGE 24 OF 28
Kittelson reviewed the potential for additional cut - through traffic once Roshak Road is
completed. They con two separate origin- destination studies for traffic utilizing Roshak
Road (north leg), 160 Avenue, Uplands Drive, and Roshak Road (southeast leg) as a cut -
through travel route between the Scholls Ferry Road /Barrows Road corridor and Bull Mountain
Road. These two studies revealed that the levels of cut - through traffic are relatively small (on
the order of 15 to 25 vehicles during the PM peak hour). Kittelson estimates that the low
amount of cut - through traffic is based on several factors including:
• Beef Bend Road, which is located just west of this site, provides a higher capacity, higher
sped facility between Scholls Ferry Road and Bull Mountain Road;
• 160 Avenue, Uplands Drive and Roshak Road are low speed roadways serving
residential neighborhoods; and
• Numerous four -way stop controlled intersections are periodically located along the travel
route making it somewhat undesirable for cut - through traffic.
Based on the existing cut - through traffic pattern, Kittelson estimates that there should not be a
dramatic increase in cut - through traffic once Roshak Road is completed, as it will not provide a
more direct or faster travel route. They estimate that cut - through traffic could increase by 5 to
10 vehicles per hour.
Kittelson also analyzed the potential redistribution of traffic in the area once Roshak Road is
completed. They estimated that there would be some shifts in traffic patterns from the existing
residences. In particular, some of the existing residences to the south anA southeast of the
proposed development who are currently accessing their homes via 160 Avenue /Uplands
Drive may find it easier to utilize the completed portion of Roshak Road. Figure 9 of the report
shows the estimated cut - through and redistributed neighborhood traffic volumes in the area
during the AM and PM peak hours. It does not appear that there would be more than 30
additional vehicle trips on Roshak Road during peak hours from cut - through and redistribution.
The other streets would experience less additional trips.
Kittelson also evaluated the internal circulation to ensure adequate roadway design
characteristics. In particular, the intersection of Roshak Road /Milan Street was evaluated for
adequate intersection sight distance associated with westbound left- turning vehicles. It was
determined that adequate intersection sight distance exists for this movement with the planned
vision clearance easement. In order to preserve the intersection sight distance, Kittelson
recommends the applicant incorporate low level landscape in the planter strips on the east side
of Roshak Road between 163' Avenue and Milan Street. Also, they recommend that parking
be prohibited along the east side of Roshak Road between those two intersections. Staff
agrees with these recommendations.
In summary, Staff concurs with the applicant's findings and the recommendations for sight
distance improvements along the east side of Roshak Road.
Public Water System:
This site is within the City's service area. There are existing water lines in all of the streets that
stub into the project and they will be extended and looped as a part of this project. The final
construction plans must be reviewed and approved by the Engineering and Public Works
departments prior to construction.
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 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.
NOTICE OF TYPE II DECISION SUB2002- 00001NAR2002- 00003, 00004, 00005 - TUSCANY SUB. PAGE 25 OF 28
•
Prior to construction, the applicant shall submit lans and calculations for a water quality facility
that will meet the intent of the CWS Design Standards. As was stated previously, CWS will
perform the primary review of the storm drainage design for this project, including water quality.
The applicant's report shows that they will treat some of the onsite water via an existing water
quality facility to the north. A new water quality facility will be constructed in Tract A at the
northwest corner of the site.
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 five
or more acres of land. Since this site is over five acres, the developer will be required to
obtain an NPDES permit from the City prior to construction. This permit will be issued
along with the site and /or building permit.
A final grading plan shall be submitted showing the existing and proposed contours. The plan
shall detail the provisions for surface drainage of all lots, and show that they will be graded to
insure that surface drainage is directed to the street or a public storm drainage system approved
by the Engineering Department. For situations where the back portions of lots drain away from
a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to
sufficiently contain and convey runoff from each lot.
The applicant will also be required to implement the recommendations of the geotechnical
report, submitted by Northwest Geotech, Inc., dated 12/28/01. The applicant shall adhere to the
provisions of Appendix Chapter 33 of the UBC. The recommendations of the report will need to
be incorporated into the final grading plan and a final construction supervision report must be
filed with the Engineering Department prior to issuance of building permits.
The design engineer shall also indicate, on the grading plan, which lots will have natural slopes
between 10% and 20 %, as well as lots that will have natural slopes in excess of 20 %. This
information will be necessary in determining if special grading inspections and /or permits will be
necessary when the lots develop.
Since the project will disturb over five acres, a NPDES (1200 -C) Joint Permit is required. The
applicant will need to submit that permit application and obtain approval prior to construction.
Address Assignments:
The City of Tigard 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 $30.00 per
address shall be assessed. This fee shall be paid to the City prior to approval of the final plat.
For this project, the addressing fee will be $2,670.00 (89 lots X $30 /address = $2,670.00).
Survey Requirements
The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments
with a tie to the City's global positioning system (GPS) geodetic control network. 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.
NOTICE OF TYPE II DECISION SUB2002- 00001NAR2002- 00003, 00004, 00005 - TUSCANY SUB. PAGE 26 OF 28
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).
SECTION VII. OTHER STAFF COMMENTS
City of Tigard Police Department has reviewed the application but offered no objections.
City of Tigard Property Manager /Operations Department has reviewed this application and
offered comments that have been incorporated in this report. The applicant will be required to
upsize the pipe from 8 inch to 16 inch. Contact Rich Sattler for specifics.
City of Tigard Building Official has reviewed the application but offered no objections.
The City of Tigard Urban Forester has reviewed this application and offered comments
regarding tree species selection and planting which are incorporated into this decision under
Chapter 18.790.
SECTION VIII. AGENCY COMMENTS
•
Clean Water Services indicated that the applicants engineer shall verify that public storm and
sanitary sewer is provided to the property. In compliance with their standards. The applicant
shall provide an on -site water quality facility, and obtain an erosion control plan.
Tri -Met has reviewed the proposal and stated that they support the proposed street
connectivity.
Tualatin Valley Fire and Rescue staff provided the following comments:
1. Public streets shall have a maximum grade of 15 %. Private fire apparatus access
roadway grades shall not exceed an average grade of 10% with a maximum grade of
15% for lengths of no more than 200 feet. intersections and turnarounds shall be level
(maximum 5 %) with the exception of crowning for water run -off. (UFC Sec. 902.2.2.6)
2. The preliminary number and distribution of fire hydrants complies with Fire District
requirements.
3. 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 roadway 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)
4. The minimum available fire flow for single family dwellings and duplexes shall be 1,000
gallons per minute. Prior to the issuance of building permits, fire flow documentation
shall be provided. If the structure(s) is (are) 3,600 square feet or larger, the required fire
flow shall be determined according to UFC Appendix Table A- III -A -1. (UFC Appendix III -
A, Sec. 5)
5. Approved fire apparatus access roadways and firefighting water supplies shall be
installed and operational prior to stockpiling combustibles on -site or the commencement
of combustible construction. (UFC Sec. 8704)
Washington County, PGE, Tigard/Tualatin School District, Beaverton School District, The
Oregon - Department of Fish and Wildlife, Tualatin Valley Water District, and the Oregon
Division of State Lands were notified but no comments were provided.
NOTICE OF TYPE 11 DECISION SUB2002 -00001NAR2002- 00003, 00004, 00005 - TUSCANY SUB. PAGE 27 OF 28
SECTION IX. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Owners of record within the required distance
X Affected government agencies
Final Decision:
THISDECISIONIS FINAL ON APRIL'9,2002, °AND BECOMES`
'EFFECTIVE ON; APRIL 24, 2002 UNLES ; IS`FILED ,Y;;n L ., ;,
Appeal:
The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal
or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with
standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with
Section 18.390.040.6.2. of the Tigard Community Development Code which provides that a written
appeal together with the required fee shall be filed with the Director within ten (10) business days
of the date the notice of the decision was mailed. The appeal fee schedule and forms are available
from the Planning Division of Tigard City. Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall
be confined to the specific issues identified in the written comments submitted by the parties during
the comment period. Additional evidence concerning issues properly raised in the Notice of
Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of
procedure that may be adopted from time to time by the appellate body.
THE FOR: FILING AN APPEAL ISVAT 5 00 P ON PRIL - 23, 2002 t
Questions:
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.
April 9, 2002
PREPARED BY: Brad Kilb DATE
Associate Planner
r
0 April 9, 2002
APPROVED BY: Richard Bewe dorff DATE
Planning Manager
NOTICE OF TYPE II DECISION SUB2002- 00001NAR2002- 00003, 00004, 00005 - TUSCANY SUB. PAGE 28 OF 28
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MEI this map is for general location only and
BULL MOUNTAIN RD
3 should be verified with the Development Services Division.
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