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SUB2002-00008 Decision - IRONWOOD ESTATES SUBDIVISION
y � ' NOTICE OF TYPE I =DECI , t it� � S (SUB)�2002 000 �_ .�-e�. L; S hr fir _ Y . ,� � �: tee �,,.� �''` �� � � CRY OF TIGARD • fr VARIANCE (VAR) 2002 34, " "..r � � ,,, t I'.:RONW ESTATES SUBD..IVISI:ON - � � ,�W.S(uiptngA�L11LrIommuraty '�' �,.,wr. z -- .. �;�re�.. ". „/...,,. �awc1£. :€. , a•�;i¢ e. ? ... ��i :o-;. ' �w�. E - +_ ., .. :�. , � :r, :;... ' .�. - - - -:. :,'icz.',a""'."se.�3..... ... 120 DAYS = 3/29/2003 (Includes a 30 -day extension) SECTION I. APPLICATION SUMMARY "URBAN SERVICES AREA" FILE NAME: IRONWOOD ESTATES SUBDIVISION CASE NOS.: Subdivision (SUB) SUB2002 -00008 Variance (VAR) VAR2002 -00033 Variance (VAR) VAR2002 -00034 Variance (VAR) VAR2002 -00035 Variance (VAR) VAR2002 -00036 REQUEST: A request for approval to subdivide a parcel consisting of 1.22 acres into a 6 -lot subdivision to be developed with single-family detached residential homes. The applicant is also requesting approval of four (4) development adjustments pertaining to cul -de -sac length, street frontage improvements, fire apparatus turn- around, and street intersection distances. )PLICANT/ Ironwood Homes, Inc. OWNER'S AKS Engineering & Forestry OWNER: Attn: Pat Huske REP: Attn: Alex Hurley PO Box 981 13910 SW Galbreath Drive, Suite 100 Sherwood, OR 97140 Sherwood, OR 97140 COMPREHENSIVE PLAN DESIGNATION: R -7: Medium - Density Residential District. ZONE: R -7: The R -7 zoning district is desisned to accommodate attached single - family homes with or without accessory residential units at a minimum lot size of 5,000 square feet. Duplexes and attached single - family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 14300 SW Bull Mountain Road; WCTM 2S108AA, Tax Lot 1700. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. DECISION , &mac " ss . h "r „,. K i 1 %' strir: c f n�g, a °.: "„ ` ^. t ar i'"` �S �e once is: her. "eby , glen that the 'iVq of,Tgard�Comrnun lty Deu lopme t D d esign ee has APRROVED h"e above request w andkthsociated: variances s ubtecttto x certain condh©n of,. appr +" ;' ` -t:w. .:; �' �Y. .�Sxr�,�3' =` e`r,as „ .^k "• - � The findin sand conclusions on which the decision is based area nbi d n S c,tion °VI,afthis Decision NOTICE OF DECISION PAGE 1 OF 23 SUB2002 -00008 /NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION CONDITIONS OF APPROVAL THE 'FOL CONDITISON: SHAL L PRIORTO COMMENCING ANY ONSITE l IMP OVE TS, I EXCAVATION AND /OR FILL ACTIVITIIES r ki` . 0 0 4 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 the infrastructure improvements, the Bull Mountain Road vertical curve improvements and any other work in the public right -of -way. Eight (8) sets of detailed public improvement plans shall be submitted. for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.ci.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 will be designated as the "Permittee ", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate . information to the 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 park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 4. The applicant's construction plans shall indicate that they will construct roadway improvements in Bull Mountain Road to lower the vertical curve just to the east of this site as proposed on the preliminary plan. 5. A profile of Bull Mountain Road shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 6. The applicant's construction plans shall show that each driveway of the subdivision lots will be constructed to a commercial driveway standard with reinforced concrete. This includes the portion of the driveway between the ROW line and the garage. 7. Two copies of the applicant's construction plans for Bull Mountain Road shall be submitted to Paul Ward at Washington County for his cursory review. 8. 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. 9. The applicant's construction plans shall show that "No Parking This Side of Street" signs will be placed along the west side of the new street. NOTICE OF DECISION PAGE 2 OF 23 SUB2002 -00008 /NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION 10. Prior to construction, the applicant's sanitary and storm sewer plans shall be reviewed and approved by CWS. 11. All public or private sanitary or storm sewer lines that fall outside of paved areas shall be PVC C- 900 or ductile iron pipe. 12. 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. 13. 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." 14. 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 OLLOWING CONDI NS SHALL BE SATISFIED �� �:_�_.. PRIORTO�iAPP OF THEFINAL PLT ..a_. . a Submit to the Planning Department (Mathew Scheidegger, 639 -4171, ext 243 7) for review and approval: .5. Provide information regarding size and species of the proposed street trees so Staff can verify that the planting standards of Section 18.745.040.0 have bee met. 16. The property owner shall sign and have recorded a consent to annex. Submit to the Engineering Department (Brian Rager, 639 -4171, ext. 318) for review and approval: 17. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of $210.00. (STAFF CONTACT: Shirley Treat, Engineering). 18. The final plat shall show that ROW will be dedicated along Bull Mountain Road to provide 36 feet north of the centerline. The new north /south street shall have a ROW width of 43 feet. 19. The applicant shall propose a different name for the new north /south street. Ironwood Court is not approved. The street shall have a "Place" designation. 20. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Bull Mountain Road adjacent to the subject property, when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and /or construction expenses by the third party owner(s) of property in addition to the subject property, or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. NOTICE OF DECISION PAGE 3 OF 23 SUB2002 -00008/NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION 21. The applicant shall establish CC &R's for this subdivision that include a provision that will require all residents to place their solid waste receptacles along the west side of the new street on collection days. 22. A statement shall be placed on the final plat that forbids direct access from any lot to Bull Mountain Road. 23. The applicant shall either place the existing overhead utility lines along SW Bull Mountain Road underground as a part of this project, or they shall pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 27.50 per lineal foot. If the fee option is chosen, the amount will be $ 6,408.00 and it shall be paid prior to approval of the final plat. 24. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. 25. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639 -4171, ext. 426). C. The finl plat and dta or narrative shall be drawn to the minimum standards set forth b, the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. D. The right-of-way dedication for Bull Mountain Road shall be made on the final plat. E. NOTE: Washington County will not begin their review of the final plat until they receive notice 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). M k s u y x THE FOLLOWING ITI SHAL BE SATISFIED tc , ' PRIOR T £ , ISSUANCE F F BUILDING PERMITS -, Submit to the Engineering Department (Brian Rager, 639 -4171, ext. 318) for review and approval: 26. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a mylar copy of the recorded final plat. 27. 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. 28. 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 compliance, inspected for liance, including franchise utilities, 2) all local p p 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 ' energized. (NOTE: the City apart from this condition, and in accordance with the City's moc . home policy may issue model home permits). NOTICE OF DECISION PAGE 4 OF 23 SUB2002 -00008 /NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION 29. Prior to issuance of building permits, the applicant shall provide the City with as -built drawings of the public improvements as improvements 1) 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). INIADDITION APPLICANT SHOULD'BEtAWARE OF THE FOLLOWINGSECTI NOS �OF THE Co MMUN TY D CODE; T HIS IS AN EXCLUSIVE LIST d �` � � 6:; °, x ..ar , nz6 - .._. , . .... x. _ _,� A„ .,k �� -.._.. `., ;aR+, ....��.r �r?%:F,...a_ _ .`_`�.t ba.�,., 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: i. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The subdivider shall not cause 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: I hree 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 nregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. REET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: NOTICE OF DECISION PAGE 5 OF 23 SUB2002 -00008/NAR2002- 00033,34,35 & 36— IRONWOOD ESTATES SUBDIVISION 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 the subdivider shall be guaranteed as to workmanship and material for period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to City Required y qq it has been notified in advance. Work shall not begin until the City If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. a :. THIS APP SHALL B E VA ID D FOR M � r A � �kFROM EEFFECTIVE - DATE OF,TH S�DECI SION� NOTICE OF DECISION PAGE 6 OF 23 SUB2002 -00008/NAR2002- 00033,34,35 & 36— IRONWOOD ESTATES SUBDIVISION SECTION III. BACKGROUND INFORMATION Site History: No previous land -use cases are associated with the subject parcel. Site Information and Proposal Description: A request for approval to subdivide a parcel consisting of 1.22 acres into a 6 -lot subdivision to be developed with single- family detached residential homes. The applicant is also requesting approval of four (4) development adjustments pertaining to cul -de -sac length, street frontage improvements, fire apparatus turn - around, and street intersection distances. Vicinity Information: The proposed development is on the north side of SW Bull Mountain Road between SW Grandview Lane and SW 144 Ave. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET Two letters were received in regard to the impact that the proposed 6 -lot subdivision will have on the surrounding properties. The concerns of the letters were the impact of additional traffic and homes on Bull Mountain Road. Staff Response: The subject site is zoned R -7, which is considered medium density residential. Based on a minimum lot size of 5,000 square feet, the subject site is able to sustain 5 -6 units. Therefore, the applicant is within the parameters of Tigard's Development Code. The additional units on Bull Mountain will add additional traffic to SW Bull Mountain Road, however, the applicant is proposing to improve the portion of Bull Mountain Road that the site is adjacent to. Additional information pertaining to traffic impacts on Bull Mountain Road is addressed under 18.810 (Street and Utility Improvement Standards). SECTION V. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this decision are as follows: A. Subdivision — General Provisions 18.430.020 Subdivision — (General Provisions) B. Subdivision — Approval Criteria C. A • • licable Develo • ment Code Sections 18.370 Variances and Adjustments 18.510 Residential Zoning District) 18.705 Access, Egress and Circulation) 18.715 Density) 18.745 Landscaping and screening) 18.765 Off - street parking and loading requirements) 18.790 Tree removal) 18.795 Vision clearance) D. Street and Utility Improvement 18.810 (Street and Utility Improvement Standards) E. Bull Mountain Community Plan/Washington County Standards F. Impact Study (18.390) The proposal contains no elements related to the provisions of these Specific Development Standard Code Chapters: 18.710 (Accessory Residential Units), 18.730 (Exceptions to Development mndards), 18.740 (Historic Overlay), 18.742 (Home Occupations), 18.750 (Manufactured /Mobil .ime Regulations), 18.755 (Mixed Solid Waste & Recyclable Storage) 18.760 (Nonconforming situations), 18.775 (Sensitive Lands), and 18.798 (Wireless Communication Facilities). These chapters are, therefore, found to be inapplicable as approval standards. NOTICE OF DECISION PAGE 7 OF 23 SUB2002 -00008/NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A — SUBDIVISION GENERAL PROVISIONS: Future Re- Division. When subdividing tracts into large lots, the Approval Authority shall require that the lots be of such size and shape as to facilitate future re- division in accordance with the requirements of the zoning district and this title. The minimum lot size for the R -7 zoning district is 5,000 square feet. The smallest of the proposed lots is approximately 5,000 square feet and the largest is 6,147 square feet. Therefore, future re- division is not an option. Lot Size Averaging: Section 18.430.020.D states Lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. The applicant is not choosing to average the proposed lot sizes. Therefore, this standard does not apply. Phased Development: The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat; The criteria for approving a phased site development review proposal are: a.)The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b.) The development and occupancy of any phase shall not be dependent on the use c temporary public facilities: For purposes of this subsection a temporary public facility is a■ interim facility not constructed to the applicable City or district standard; and The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. The applicant has not proposed a phased development; therefore, this standard does not apply. B — SUBDIVISION APPROVAL CRITERIA Approval Standards — Preliminary Plat: The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations. Compliance with the specific regulations and standards of the zoning ordinance will be addressed further within this decision. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. The applicant has provided evidence that the proposed subdivision name has been reserved with Washington County, thus insuring that the name is not duplicative. The Streets and roads are laid out so as to conform to the plats of subdivisions and maps - major partitions or subdivisions already approved for adjoining property as to width, gene, direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern. NOTICE OF DECISION PAGE 8 OF 23 SUB2002 -00008/NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION • Street layout is discussed in more detail, and conditioned if necessary, under Chapter 18.810 (Street and Utility Improvement Standards) section of this decision. An explanation has been provided for all common improvements. The applicant has provided an explanation for all common improvements as required and, therefore, has satisfied this criterion. Specific details of the proposed improvements are discussed later in this decision under the Street and Utility Improvement Standards Chapter 18.810. FINDING: Based on the analysis above, the proposal has met the preliminary plat approval standards for subdivisions. C — APPLICABLE TIGARD DEVELOMENT CODE SECTIONS Variances and Adjustments (18.370) Section 18.370.020.C.11states that adjustments for street improvement requirements will be reviewed based on findings that the following criterion is satisfied: Strict application of the standards will result in an unacceptably adverse impact on existing development, on the proposed development, or on natural features such as wetlands, steep slopes or existing mature trees. In approving an adjustment to the standards, the Director shall determine that the potential adverse impacts exceed the public benefits of strict application of the standards. The requested adjustments to street standards have been addressed under Chapter 18.810 (Street • Utility Improvement Standards) of this decision. • Residential Zoning Districts (18.510) Lists the description of the residential Zoning District. he site is located in the R -7: Medium - Density residential zoning district. The R -7 zoning district has the following dimensional requirements: TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES r . r7 a .fi " " v 'Y fi� ',- xNU.. i . OISTAN®ARD MT .: , n �a,r ;. 11 r .... . Minimum Lot Size 5,000 sq. ft. Detached unit 10,000 sq.ft. Duplexes - Attached unit [1] 5,000 sq.ft. Average Minimum Lot Width 50 ft. Detached unit lots 50 ft. Duplex lots - Attached unit lots 40 ft. Maximum Lot Coverage 80 % [ Minimum Setbacks Front yard 15 ft. Side facing street on corner & through lots 10 ft. Side yard 5 ft. Rear yard 15 ft. Side or rear yard abutting more restrictive zoning district 30 ft. Distance between property line and front of garage 20 ft. Maximum Height 35 ft. Minimum Landscape Requirement 20% [1] Single- family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. [2] Lot coverage includes all buildings and impervious surfaces. e proposed lots range in size from 5,000 to 6,147 square feet. All lots meet the minimum lot width 1A uirement based on the dimensions provided on the plan. The applicant will be required to comply with the setbacks, building height, and lot coverage /landscape requirements during the building permit review process for single-family homes on individual lots. This is not a planned development; therefore, there will be no flexibility in the setbacks, other than through related applications if necessary. NOTICE OF DECISION PAGE 9 OF 23 SUB2002 -00008/NAR2002- 00033,34,35 & 36— IRONWOOD ESTATES SUBDIVISION FINDING: Based on the analysis above, the residential zoning district dimensional standards are satisfied. Access, Egress and Circulation (18.705): Chapter 18.705 establishes standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. Table 18.705.1 states that the minimum vehicular access and egress for single - family dwelling units on individual lots shall be one, 10 -foot paved driveway within a 15- foot -wide accessway. The minimum access width i for 3 -6 dwelling units is 20 feet with 20 feet of pavement. The access and egress into the site itself is discussed later in this decision under the Street and Utility Standards section of this decision (18.810). Access to individual lots will be reviewed for compliance during the building permit phase. Access plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. Scaled site plans have been submitted that indicate how the requirements of access, egress, and circulation are met. This plan will be reviewed and discussed later in this decision under the Street and Utility Standards Section (18.810). Access to individual lots will be reviewed for compliance during the building permit phase. Joint access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both' uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: Satisfactory legal evidence shall be presented in the form of deeds, easements . leases or contracts to establish the joint use; and Copies of the deeds, easements, leases c contracts are placed on permanent file with the City. No joint access is proposed with this application. Therefore, this standard does not apply. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. Based on the plans submitted, the proposed lots will take access from SW Ironwood Court, which is proposed as a public street. Streets will be reviewed in further detail under Section 18.810, (Street and Utility Improvement Standards) of the Tigard Development Code. Curb cuts: Curb cuts shall be in accordance with Section 18.810.030.N: Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080: Concrete curbs and driveway approaches are required; except where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval and Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. No driveway approach shall be less than five feet from the side property line projected except in cul -de -sacs, without approval and written_ permission of the city. The end slopes may encroach within the five foot restricted area. No portion of any driveway approach, including the end slopes, shall be located closer than thirty feet to an intersection street right -of -way line. Commercial or service drives shall not be more than thirty feet in width and if located on the same lot frontage shall be separated by a minimum length of curb of thirty feet. Each residential driveway shall be not more than twenty -six feet in width including_ end slopes, and if more than one driveway is to be constructed to serve the same lot, the spacir between such driveways shall be not less than thirty, feet measured along the curbline. Jo, access driveways shall conform to the appropriate width standard for commercial or residential type usage. Driveways and curb cuts will be reviewed for compliance during the building permit phase. NOTICE OF DECISION PAGE 10 OF 23 SUB2002 -00008/NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION • Inadequate or hazardous access: Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed would cause or increase existing hazardous traffic conditions; or would provide inadequate access for emergency vehicles; or would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety and general welfare. Based on the plan submitted by the applicant, Staff cannot foresee any hazardous conditions associated with the proposed access into the subdivision. The applicant is proposing to improve SW Bull Mountain Road directly adjacent to the subject parcel. Standards for access as well as for fire and life safely are discussed elsewhere in this report (Section VIII. Agency Comments). Therefore, this criterion is met. Direct individual access to arterial or collector streets from single - family dwellings and duplex lots shall be discouraged. Direct access to major collector or arterial streets shall be considered only if there is no practical alternative way to access the site. The proposed single- family lots will have access via a proposed public street which will connect to SW Bull Mountain Road which is a major collector. Therefore, this standard has been met. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Single- family and duplex dwellings are exempt from this requirement. The proposed subdivision is for single - family homes. Therefore, this standard does not apply. Minimum access requirements for residential use: Vehicular access and egress for single - family, duplex or attached single - family dwelling units n individual lots and multi - family residential uses shall not be less than as provided in Table .8.705.1 and Table 18.705.2; Vehicular access to individual lots will be reviewed during the building permit phase. Therefore, this standard does not apply. Vehicular access to multi - family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; No multi - family structures are proposed with this application. Therefore, this standard does not apply. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform fire Code; Vehicular access to individual lots will be reviewed during the building permit phase. Therefore, this standard does not apply. Section 18.705.030.H.4 states that Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet or 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. The maximum cross slope of a required turnaround is 5 %. The proposed street is approximately 210 feet which requires a turn around for fire apparatus. However, the applicant has requested an adjustment to the placement of a turn around that is discussed further in this report under (18.810) Street and Utility Improvements Standards. ,NDING: Based on the analysis above, the Access, Egress and Circulation standards have been satisfied. NOTICE OF DECISION PAGE 11 OF 23 SUB2002 -00008/NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION • Density Computations and Limitations: Chapter 18.715 implements the Comprehensive Plan by establishing the criteria for determining the number of dwelling units permitted. The number of allowable dwelling units is based on the net development area. The net area is the remaining parcel area after exclusion of sensitive lands and land dedicated for public roads or parks. The net area is then divided by the minimum lot size permitted by the zoning district to determine the number of dwelling units that may be developed on a site. Based on the formulas in Chapter 18.715 of the City of Tigard Community Development Code, the maximum and minimum number of units permitted on the site is based on the net developable area, subtracting sensitive land areas, land dedicated to public parks, land dedicated for public right -of -way and land for private streets from the total site area. Of the total site area (53,072 square feet), 18,305 square feet is subtracted for public and private rights -of -way. The result in net developable area is 34,767 square feet. Therefore, the maximum number of dwelling units permitted on this site is 6 and the minimum number is 5. The applicant is proposing to create 6 lots for single - family homes. Therefore, this section is satisfied. FINDING: Based on the analysis above, the Density Standards have been satisfied. Landscaping and Screening (18.745): Chapter 18.745 contains landscaping provisions for new development. Section 18.745.100 requires that street trees be planted in conjunction with all development that fronts a street or driveway more than 100 feet long. A proposed planting list must be submitted for review by the Director since certain trees can damage utilities, streets and sidewalks or cause personal injury. Section 18.745.040.0 contains specific standards for spacing of street trees as follows: • Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall be spaced no greater than 20 feet apart; • Medium sized - trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching) shall b spaced no greater than 30 feet apart; and • Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 40 feet apart; The applicant has proposed a public street extending from SW Bull Mountain Road of approximately 210 feet. According to the standard, any street or driveway more than 100 feet in length must provide street trees according to Section 18.745.040.C. The applicant has provided a tree plan that shows street trees planted, however, the plan does not indicate the size or species of the trees to be planted. Therefore, Staff cannot verify that the above standard has been met. The applicant is required to provide information regarding size and species of the proposed street trees so that Staff can verify that the planting standards of Section 18.745.040.0 have been met. Section 18.745.050 contains the provisions and requirements for buffering and screening. The Buffering and Screening Matrix (Section 18.745.1) does not require buffering or screening when a single - family detached residential use is proposed adjacent to existing detached single - family dwellings. Therefore, this standard does not apply. FINDING: Based on the analysis above, staff can not confirm that all of the landscaping and screening standards have been met. If the applicant complies with the condition listed below, the standards will be met. CONDITION: Provide information regarding size and species of the proposed street trees so that Staff can verify that the planting standards of Section 18.745.040.0 have been met. Off - Street Parking and Loading Requirements S18.765): Chapter 18.765, Table 18.765.2 requires that single- family residences be provided with one (1) off - street parking space for each dwelling unit. Compliance with this standard will be enforced during the building permit review process. Since the Code requires 20 feet from the property line to the face of a garage, this will insure that at least one car can park off of the street, outside of any garage. NOTICE OF DECISION PAGE 12 OF 23 SUB2002 -00008/NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION FINDING: Because each individual home will be reviewed for compliance with this standard during the building permit phase and it is feasible that this standard will be met by providing driveways and garages, this standard has been satisfied. Tree Removal: Chapter 18.790 requires mitigation of trees over 12" diameter at breast height (dbh) removed as part of the development of the site. The applicant has submitted a tree plan showing all trees greater than 6- inches in diameter. According to the plan, 22 trees over 12 inches in diameter exist and only 5 of those trees are to be removed Based on Staff's analysis, the applicant is retaining a total of 77 percent of all trees over 12- inches in diameter. Therefore, no mitigation is required. FINDING: Based on the analysis above, the Tree Removal standards have been met. Vision Clearance: Chapter 18.795 applies to all development and requires that clear vision area shall be maintained on the corners of all property adjacent to intersecting right -of -ways and at the intersection of a public street and a private driveway. A visual clearance area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. The applicant has not proposed any structures or vegetation in the vision clearance area. FINDING: Because no structures are currently proposed in the vision clearance area and all future buildings will be reviewed for compliance during the building permit phase, this standard has been satisfied. D — STREET AND UTILITY IMPROVEMENTS STANDARDS (SECTION 18.810): Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights -of -Way and Street Widths: Section 18.810.030.E requires a collector street to have a 72 -foot right -of -way width and 46 -foot paved section. Other improvements required may include on- street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Bull Mountain Road, which is classified as a 3 -lane collector street on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW north of the centerline, according to the most recent tax assessor's map. The applicant should dedicate additional ROW to provide a minimum of 36 feet north of centerline. The applicant's plan shows this dedication will be provided. —At Bull Mountain Road is currently paved, but not improved to standard. There is a crest vertical curve just to the east of this site that would limit the sight distance for the proposed new street intersection. The applicant is proposing to construct offsite improvements to lower this vertical curve approximately three feet, which will be substantial improvement to the roadway. The applicant is also NOTICE OF DECISION PAGE 13 OF 23 SUB2002- 00008/NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION requesting an adjustment to the road improvement standard for the site frontage as provided by 18.810.030.A.7. That section states that the "approval authority may also approve adjustments to the standards of this chapter if compliance with the standards would have a substantial adverse impact on existing development or would preclude development on the property where the development is proposed. In approving an adjustment to the standards, the approval authority shall balance the benefit of the adjustment with the impact on the public interest represented by the standards. In evaluating the impact on the public interests, the approval authority shall consider the criteria listed in Section 18.810.030.E.1. An adjustment to the standards may not be granted if the adjustment would risk public safety." The applicant states that if they were required to make frontage improvements to Bull Mountain Road, in addition to the offsite vertical curve improvements, the costs of these improvements would preclude development on the property. A primary reason for this is that in order to complete the frontage improvements to City standards, the horizontal curve adjacent to the site must be improved to provide a minimum radius of 930 feet. In order to provide the needed horizontal curve radius, additional ROW would be necessary from the south side of the roadway. The applicant does not control the property on the south side of the roadway at this time, so it would be problematic for them to acquire that land. Based upon the fact that the offsite vertical curve improvement will provide a substantial safety benefit to the public, and the fact that it is not practical to have the applicant improve the frontage at this time, Staff supports the requested adjustment. Under 18.810.030.A.5, the City Engineer could accept a future improvement guarantee in lieu of street improvements in this case. The appropriate form of future guarantee would be a restrictive covenant that would attach to each lot in the subdivision. This document would be recorded with the final plat. The applicant submitted a letter to the City, dated January 6, 2003, indicating that they would be willing to execute a restrictive covenant. Therefore, Staff recommends this as a condition of approval. The applicant asked Staff whether or not the developer would have to pay for any franchise utilit" relocations as a result of the proposed Bull Mountain Road improvements. Staff contacted th County Engineer, Mike Borresen, and confirmed that the developer will not have to pay for relocation costs. Because the Bull Mountain Road improvements are a benefit to the public, the franchise utility companies will be expected to relocate their utility lines at their cost. The applicant is encouraged to coordinate with these utility companies early on in the process to make sure that the timing of the necessary relocations can work with their proposed construction schedule. New North /South Street he applicant's plan shows a new street that will intersect with Bull Mountain Road and is shown to stub to the north property line. The name is proposed to be "Ironwood Court", but will not be approved as such for two reasons: 1) the word ' Ironwood" has already been used elsewhere in the City of Tigard, and 2) the "Court" designation is not proper for a north /south cul -de -sac. "Place" is the appropriate designation. The applicant will need to come up with a new street name and use the "place" designation. These changes will be reflected on the final plat. 18.810.030.F.2.c requires a temporary hammerhead turnaround to be constructed on any stub street over 150 feet in length. The proposed stub is approximately 219 feet in length. The applicant states that strict application of the code provision will result in the loss of one lot. The loss of one lot for this protect would be an unacceptable adverse impact, as given in the adjustment criteria of 18.370.020.C, because the applicant would not be able to achieve minimum density for the parcel. In addition, the applicant spoke with both TVFR and Pride Disposal. TVFR stated that they would not need a temporary turnaround. Pride Disposal indicated they would accept the applicant's plan provided a wide shoulder area was developed along Bull Mountain Road so that they would easily back their trucks down the new street. They also request that a condition be required that establishes the west side of the street for placement of the solid waste receptacles and the east side as the parking lane. Staff finds that it would not be safe to have garbage trucks back down a public street. Therefore, the concept of a widened shoulder on Bull Mountain to facilitate these movements is rejected. As an alternative, Staff spoke to the applicant about constructing each driveway in the subdivision w reinforced concrete like a commercial driveway. Then, each driveway could handle the load a garbage truck turning around and the truck drivers would have multiple options for turnaround locations. The applicant agreed to this solution. NOTICE OF DECISION PAGE 14 OF 23 SUB2002 -00008/NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION Staff finds that it would be reasonable to require the parking lane of the new street to be established on the east side of the roadway and that the applicant establish CC &R's that require the residents to place their solid waste receptacles on the west side of the street on collection days. The proposed ROW and paved widths of the new public street will be 43 feet and 28 feet respectively. These widths, plus the proposal for curb -tight sidewalk, fall under the previous code provisions. Since this application was received before the most recent code updates, the widths are acceptable. Curb -tight sidewalk would also be acceptable here for that same reason. However, the street trees would need to be placed in special landscape easements as shown on the preliminary plan. Existing Access Easement I here is an existing 30 -toot wide private access easement along the western boundary of the site, which is not enforced by the City of Tigard. Currently, the space is not being used, because the physical driveway for the home to the north is completely within the property to the west of the site. There is another 30 -foot easement on that parcel. The applicant indicated that they spoke with the affected property owners who benefit from their half of the easement, and found that there would be no issues related to the placement of the easement into their new lots. The applicant may also seek to obtain a quit claim or release of easement. Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de -sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners Ilif hich shall not be removed until authorized by the City Engineer, the cost of which shall be cluded in the street construction cost. Temporary hammerhead turnouts or temporary cul -de- ac bulbs shall be constructed for stub streets in excess of 150 feet in length. The applicant's plan shows how the new street could be extended into the property to the north, but it would necessitate the removal of the existing home. Based on the location and condition of the home to the north, it is doubtful that this street will ever be extended. However, the applicant is still required to plan for the future as if the property will develop. Therefore, the street stub is appropriate. Street Alignment and Connections: Section 18.810.030.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. This code provision has recently been revised in accordance with the Transportation System Plan (TSP). However, this application was received prior to the effective date of the TSP changes. Therefore, the applicant has applied for an adjustment to the street spacing criteria for collector roadways. The proposed north /south street intersection will only measure approximately 200 feet from SW Chardonnay Avenue. The new TSP changes would allow such a spacing. Forcing the 300 -foot spacing would be problematic because they would lose at least one lot and would not be able to achieve minimum density. This would be an unacceptable adverse impact on the proposed development. Since the TSP code changes would allow a 200 -foot spacing, Staff supports this adjustment. Jul -de -sacs: 18.810.030.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: NOTICE OF DECISION PAGE 15 OF 23 SUB2002 -00008/NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION • • All cul -de -sacs shall terminate with a turnaround. Use of turnaround configurations other than circular, shall be approved by the City Engineer; and • The length of the cul-de -sac shall be measured along the centerline of the roadway from the near side of the intersecting 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. Since the proposed public street is to stub to the north property line for further extension, this criteria does not apply. Grades and Curves: Section 18.810.030.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: 1. 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 2. Streets intersecting with a minor collector or greater functional classification street, or streets intended to be posted with a stop sign or si9nalization, 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 grade of the new public street will be approximately 6 %, which is acceptable. 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. This criterion is met because the new lots will be accessed from a new local residential street. 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. There are no full blocks in the proposed development and existing development precludes future blocks. NOTICE OF DECISION PAGE 16 OF 23 SUB2002 -00008/NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right -of -ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. According to the plans, sidewalks for bicycles and pedestrians are proposed to connect to SW Bull Mountain Road. Therefore, this criterion is satisfied. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. None of the proposed lots are more than 2.5 times the average lot width. Therefore, this standard has been 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. Each of the proposed lots has at least 55 feet of frontage onto the proposed Ironwood Court, which connects to SW Bull Mountain Road. Therefore, this standard has been satisfied. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. - sidewalks will be provided on both sides of the new local street. Since Staff is recommending .pproval of the applicant's adjustment to the Bull Mountain frontage improvements, then a sidewalk along that frontage will not be required. 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. The nearest public sewer line to this site is near the northwest corner of the site and is under CWS jurisdiction. This site falls under CWS jurisdiction so the applicant will need to coordinate with that agency for the sewer design. The City will also need to review the sewer design as they will likely end up maintaining the system in the future when this area is annexed. The City may have design requirements over and above that required by CWS. The applicant will be expected to comply with both CWS and City requirements. One such City requirement is the pipe material for lines that fall outside of paved areas. All such public and private lines shall be PVC C -900 or ductile iron pipe. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate nrovisions for storm water and flood water runoff. NOTICE OF DECISION PAGE 17 OF 23 SUB2002 -00008/NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION • Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall - approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no existing upstream public drainage areas that affect this site. 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. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant is working with CWS with regard to this issue. CWS will require the downstream analysis and will review that report prior to construction approval. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian /bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right -of -way. Bull Mountain Road is classified as a bike facility, but since Staff is recommending approval of the frontage improvement criteria, then a bike lane will not be required at this time. 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 under - grounding the utilities outweighs the benefit of under - grounding in conjunction with t, 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 NOTICE OF DECISION PAGE 18 OF 23 SUB2002 -00008/NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right -of -way from the applicant's property shall pay a fee in -lieu of under - grounding. There are existing overhead utility lines along the frontage of SW Bull Mountain Road. If the fee in -lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 233 lineal feet; therefore the fee would be $6,408.00. ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The site lies within the City's public water service area. There are two main water lines in Bull Mountain Road. The applicant's final water system plan must be reviewed and approved by both Public Works and Engineering 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. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. . he applicant is proposing to construct a water quality pond in Tract A. The design of the pond will be reviewed and approved by CWS. 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 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. - ,ddress 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. NOTICE OF DECISION PAGE 19 OF 23 SUB2002- 00008/NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION For this project, the addressing fee will be $210.00 (7 lots and /or tracts X $30 /address = $210.00). 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 (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as -built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). E — BULL MOUNTAIN COMMUNITY PLAN This area is within the City of Tigard's Urban Services Area. In 1997 the City of Tigard and Washington County entered into an agreement that Tigard would review all applications for development within the Urban Services Area. Washington County adopted the City's Development Code in this area and an Urban Planning Agreement was entered into. This Agreement indicated that the City would continue to review projects in "areas of special concern" as defined in the Bull Mountain Community Plan (May 12, 1997 Urban Services Intergovernmental Agreement). FINDING: This project site is not in any of the Areas of Special Concern, nor does it have a nature' resource designation identified. Therefore, the standards of the Bull Mountain Communit Plan do not apply. F — IMPACT STUDY Section 18.390.050 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. The study shall address, at a minimum, the transportation system including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For • P facility system type public facilit s stem and t e of impact, study propose stud shall ro ose improvements P. necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right -of -way dedication, or provide evidence that supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Section 18.390.050 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. Any required street improvements to certain collector or higher volume streets and the Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A -Boy Expansion /Dolan II /Resolution 95 -61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for each trip that is generated is $239. The total TIF for a single - family dwelling is $2,390 per unit. The internal streets within the subdivision are needed to allow the subdivision to develop and . need for streets is created by the subdivision. Because the need for the internal streets is created by the development, the impact of the development is roughly proportional to the cost of dedication and construction of the internal streets. Upon completion of this development, the future builders of the NOTICE OF DECISION PAGE 20 OF 23 SUB2002- 00008/NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION • residences will be required to pay TIF's of approximately $14,340 ($2,390 x 6 single - family dwelling :nits. Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $44,812.50 ($14,340 divided by .32). The difference between the TIF paid and the full impact, is considered an unmitigated impact. Since the TIF paid is $14,340, the unmitigated impact can be valued at $30,472.50. Given that the estimated cost of the dedication and half- street improvements is $46,509, the requirement to make these improvements is roughly proportional to the impact of the development. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Water Department has reviewed the proposal and has offered the following comment: Only concern is that we protect the existing water lines running up the westerly side of the property. The City of Tigard Operations Utility Manager has reviewed the proposal and has no objections to it. The City of Tigard Plans Examiner has reviewed the proposal and has offered the following comments. Access shall be approved by TVFR. Contact Eric McMullen. Check fire department slope greater than 15 percent. cECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed the proposal and has offered the following comments: 1. Where fire apparatus roadways are less than 28 feet wide, "NO PARKING" signs shall be installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide, "NO PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed. Where fire apparatus roadways are 32 feet wide or more, parking is not restricted. Signs shall be designed and installed to City of Tigard Engineering Department standards. 2. 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) 3. Fire hydrants for single family dwellings, duplexes and sub - divisions, shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an intersection as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2) 4. Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access 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) 5. The minimum available fire flow for single family dwellings and duplexes shall be 1,000 gallons per minute. 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) 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) NOTICE OF DECISION PAGE 21 OF 23 SUB2002 -00008/NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION • Clean Water Services has reviewed the proposal and offered the following comments: • The site has not been annexed into the City of Tigard; all work related to storm, sanitary sewer, - water quality, water quantity, and erosion control shall be by permit from Clean Water Services. • The design submittal shall be in accordance with Clean Water Services (the District) Design and Construction Standards, Resolution and Order No. 00 -7 (R &O 00 -7) and the Erosion Prevention and Sediment Control Manual, December 2000 edition. SANITARY SEWER (see bullet 1 General Comments) • Each lot in the subdivision shall be provided with an individual connection to a public sanitary sewer mainline. • The engineer shall verify that public sanitary sewer is available to uphill adjacent properties, or extend service as required by R &O No. 00 -7. STORM DRAINAGE AND WATER QUALITY (See bullet 1, General Comments) • Each lot in the subdivision shall be provided with an individual connection to a public storm conveyance. • The engineer shall verify that public storm is available to uphill adjacent properties, or extend service as required by R &O No. 00 -7. • A hydraulic and hydrological analysis of storm conveyance system is necessary. If downstream storm conveyance does not have the capacity to convey the volume during a 25 -year, 24 -hour storm event, the applicant is responsible for mitigating the flow. • The Developer shall provide a water quality facility to treat the new impervious surface being constructed as part of this development; the facility shall be placed in a Tract, not part of any buildable lot. SENSITIVE AREA • A Sensitive Area Pre - Screen indicates no Sensitive areas on site; therefore, no corridor mitigation is required. EROSION CONTROL • An Erosion Control Permit is required, if site permit is not issued prior to December 1, 2002, new DEQ regulations may require a 1200 -C Joint Erosion Control Permit and possibly additional fees related to the DEQ permit. SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JANUARY 8, 2003 AND EFFECTIVE ON JANUARY 24, 2003 UNLESS AN APPEAL IS FILED. 410 NOTICE OF DECISION PAGE 22 OF 23 SUB2002 -00008/NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION • • Appeal: The Director's Decision is final on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW 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 DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JANUARY 23, 2003. 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. January 8, 2003 PREPAREDX Maw w Sch I gger DATE Assistant Plafiner January 8, 2003 APPROVED BY: ' ichard. Bewerso • DATE Planning Man..e i:\curpin\mathew\sub\sub2002-00008.doc NOTICE OF DECISION PAGE 23 OF 23 SUB2002 -00008/NAR2002- 00033,34,35 & 36- IRONWOOD ESTATES SUBDIVISION '. _ . CITY of; RD OEOORAPNIC INFO - TION SYSTEM illikETOE6 a.. �( VICINITY MAP I es, _ , II "URBAN SERVICE AREA SW HILLSHIRE DR 1 , SUNRISE_ L Ai _. SUB2002 -00008 1J // /per VAR2002 -00033 A . t. C ..I SO 1:11 �� - - VAR2002 -00034 . I �� VAR2002 -00035 r� � � - --, VAR2002-00036 �! VIEW V 0 4 111t 1110 ■ IRONWOOD ESTATES _ � '� SW' TFRRI �.,, , : i i SUBDIVISION an aD � S SW ULL ■ i " 1 r q. � K: ''`,nf �� � BULL MTN RD - �,w r b ,� O a z D F '- - _ 6Et BEND T2—/ D, pRMIAt "• r' #¢- S. W . .. . p #14"07 \ -< SW CRESTRI 1 t I I j ili ���, Ti Area Map a 1 --� N p-ti, 0 200 400 600 Feet T 411111k [ 1 1 404 feet 1 41j gillr _ M r .. I T —� _ City of Tigard I . I nformation on this map Is for general location only and 1-- should be verified with the Development Services Division. • 13125 SW Hall Blvd . 0 Tigard, (503) OR 603R9-49177212 39.4171 97223 r I I 11 R ,..,,,,E [ h ttp; /lwww.cl.tlgard. Community Development Plot date: Oct 31, 2002; C: \magic \MAGICO3.APR . - ••••■••••rilwr k . ,. ,. 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