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Hearings Officer Packet - 12/08/2008 • • City of Tigard ' ` `- Hearings Officer — Agenda TIGARD MEETING DATE: December 8, 2008, 7:00 p.m. MEETING LOCATION: City of Tigard — Town Hall, 13125 SW Hall Blvd., Tigard, OR 97223 STAFF REPORTS: Available to the public 7 days prior to the hearing date Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Friday prior to the meeting. Please call 503 - 639 -4171, ext. 2438 (voice) or 503- 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for qualified sign language interpreters for persons with speech or hearing impairments; and qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. To request such services, please notify the City of Tigard of your need(s) by 5:00 p.m. no less than one (1) week prior to the meeting date at the same phone numbers listed above so that we can make the appropriate arrangements. 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 "APPEAL" OF ROSEWOOD COURT SUBDIVISION SUBDIVISION (SUB) 2008 -00001 ADJUSTMENTS (VAR) 2008 -00016 & 2008 -00024 ITEM ON APPEAL: On October 17, 2008, the Planning Director issued a decision to approve a four (4) lot subdivision for single- family detached residences. Proposed lots range from 5,095 to 9,233 square feet. One existing residence will be removed. The applicant also requested and received approval for an adjustment to the street spacing standards along Fanno Creek Drive; and requested but was denied a second adjustment to utilize an existing tree as a street tree. One appeal was received on October 31, 2008. The appellant cites the cost and inconvenience of an address change and several conditions of approval (utilizing an existing access easement for bike /pedestrian access to Hall Blvd., fire protection for a neighboring home, exclusion from ownership and maintenance of the proposed private street /storm system, and undergrounding of utilities) as the reasons for the appeal. LOCATION: 14010 SW Hall Boulevard; WCTM 2S112BB, Tax Lots 200 and 201. ZONE: R -7: Medium - Density Residential District. 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. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapters 18.705 and 18.810. 3. OTHER BUSINESS 4. ADJOURNMENT HEARINGS OFFICER AGENDA — DECEMBER 8, 2008 City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 1 503- 639 -4171 1 www.tigard - or.gov 1 Page 1 oft • • AGENDA ITEM NO. 2.1 Depending on the number of people wishing to testify, the Tigard Hearing's Officer may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Hearing's Officer may further limit time if necessary. Written comments are always appreciated by the Hearing's Officer to supplement oral testimony. AGENDA ITEM NO.: 2.1 DATE: DECEMBER 8, 2008 PAGE 1 OF / FILE NAME: "APPEAL" OF ROSEWOOD COURT SUBDIVISION CASE NOS.: - SUBDIVISION (SUB) 2008 -00001 ADJUSTMENTS (VAR) 2008 -00016 & 2008 -00024 IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE, PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE PROPONENT OF APPLICATION OPPONENT OF APPLICATION - (Speaking In Favor or Neutral)- - (Speaking Against) - Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. vVic � reN1)O 503 ^2 >9"13 I ��0 `AJ 1.31� 3Q E_ 5D "l� eft) - r M c5G1L.L -Ar- p �" / l � j a T` Name, Address, Zip Code and Phone No. 37)3 — 1 Name, Address, Zip Code and Phone No. I � S�J Cv 1� k, l ` 3 1 - Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. 7 77 7 1 • Name, Address, Zip Code and Phone No. 77 7 Name, Address, Zip Code and Phone No. 7 • Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. 7 • Name, Address, Zip Code and Phone No. Z championship, ". Gough said. "It depends on which one we want and we kept circling that 12." Sherwood's defense circled and mashed South Albany, limit- ing the Mid - Willamette Conference No. 3 seed to little save two long gains. The Rebels came in averaging nearly 35 points per game, but were stopped cold by a Bowmen defense that used six linebackers and a safety to clean up after the front four clogged the backfield. "We assigned the defensive linemen to nothing but creating piles," said Sherwood co -head coach and defensive coordinator Wes Montgomery. "The kids responded and did exactly what we wanted them to do." "The coaches formulated a defense that stopped that offense," Kerekanich said. "We came out, closed up all the holes and smothered them" After a game- opening march into Bowmen territory ended with a South Albany punt, Hausner broke off a 37 - vard nm end of the first quarter. There on out, it was all Bowmen. Two plays into Sherwood's . ensuing possession, Erwin found' a wide -open Thorson, who bolt- ed along the Bowmen sideline for a 71 -yard touchdown. "The 'safety bit on the short route and Nick read the defense perfectly," Thorson said. "If I don't get.the touchdown, I don't get the ball again so I have to make a play." After forcing another Rebel three -and -out, it took Sherwood all of one play to score again when Hausner got to the sideline and outran the defense on a 57- yard rushing TD for a 28 -8 lead with 9:18 left in the first half. Another punt and another Bowmen score followed with Butterfield making a spectacular leaping catch of a Gough pass at ' the 17 and racing into the end zone for a 47 -yard TD. "1 thought it was intercepted but Ben came out and snagged it frnm him " said C.nnah whn 9 1 10Z'8Z 839W3AON S38ldX3 NOISSIWW00 All 9l MUD' 'ON NOISSIWWOO No9Nrodan313 ON r �� r ld3S lv1o13dO •�� 4 ( (Q"C uo!ss!wwoo AIN! 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SO'Z61.$ ana ;unowy g• 66 x Z :ez!g £ZZL6 2iO '1 PM8 IIeH MS 8Z6£I. pae6!1 to Al!O paolsunl A; ;ed :u;ld 600£6001.# lootf Dip] )1-19 6ZZ6611 ao! ;oN 6uueaH o!Ignd pJe6i1 to IN r • 1 • • . ■• , COMMUNITY ■ SPAPEI 6605 SE Lake Road, Portland, OR 97222 • PO a Box 370 • Beaverton, OR 97075 Phone: 503 - 684 -0360 Fax: 503 - 620 -3433 11 N Email: legals @commnewspapers.com - TIGARD . AFFIDAVIT OF PUBLICATION - PUBLIC HEARING ITEM State of Oregon, County of Washington, SS The following will be considered by the Tigard Hearings Officer on I, Charlotte Allsop, being the first duly sworn, Monday December 8, 2008 at 7:00 PM at the Tigard Civic Center depose and say that I am the Accounting -Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral Manager of The Times (serving Tigard, and written testimony is invited. . Tualatin & Sherwood), a newspaper of The public hearing on this matter will be conducted in accordance general circulation, published at Beaverton, with the Tigard Municipal Code and the rules of procedure adopted in the aforesaid county and state, as defined by the Council and available at City Hall or the rules of procedure by ORS 193.010 and 193.020, that set forth in Chapter 18.390. Testimony maybe submitted in writing prior to or at the public hearing or verbally at the public,hearing only. 4. City of Tigard Failure to raise an issue in person by letter at some point prior to the close of the hearing accompanied by statements or evidence Public Hearing Notice sufficient to afford the decision -maker an opportunity to respond to TT 11221 the issue precludes appeal to the Land Use Board of Appeal based pn that issue. Failure to specify the criterion from the Community A copy of which is hereto annexed, was Development Code or Comprehensive Plan at which a comment is published in the entire issue of said directed precludes an appeal based on that criterion. newspaper for A copy of the application and all documents and evidence submitted 1 by or on behalf of the 'applicant and the applicable criteria are • Successive and consecutive weeks in the available for inspection at no cost. A copy of the staff report will following issues • be made available for inspection at no cost at least seven (7) days November 20, 2008 prior to the hearing, and copies for all items can also be provided at a reasonable cost. C �� Further information may be obtained from the Planning Division (staff contact: Cheryl Cainesl at 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503- 639 -4171; or by email to cherylc @ Charlotte Allsop (Accounting Man ger) tigard orgov. Subscribed and sworn to before me this November 20, 2008 PUBLIC HEARING ITEM: SUBDIVISION (SUB) 2008 - 00001 /ADJUSTMENT (VAR) 2008- 00016 /ADJUSTMENT (VAR) 2008 -00024 . �� - APPEAL OF ROSEWOOD COURT SUBDIVISION - ITEM ON APPEAL: On October 17, 2008, the Planning Director NOTAR UBLIC FOR OREGON issued a decision to approve a four (4) lot subdivision for single - My commission expire a .,2if aol) family detached residences. Proposed lots range from 5;095 to 9,233 square feet. One existing residence will be removed. The applicant Acct #10093001 also requested and received approval for an adjustment to the street Attn: Patty Lunsford ( �~�--`�```- spacing standards along Fanno Creek Drive; and requested but was 7 . OFFICIAL SEAL denied a second adjustment to utilize an existing tree as a street City of Tigard () SUZETTE 1 CURR4 tree. One appeal was received on October 31, 2008. The appellant 13125 SW Hall Blvd ( `. NOTARY PUBLIC - OR cites the cost and inconvenience of an address change and several 1 COMMISSION NO.4: Tigard, OR 97223 conditions of approval (utilizing an existing access easement for ( MY COMMISSION EXPIRES NOVEMBEI - - � - ..„• - ._ - `� bike /pedestrian access to Hall Blvd., fire protection for a neighboring . Size: 2 x 11.5 home, exclusion from ownership and maintenance of the proposed Amount Due $192.05 private street/storm system, and undergrounding of utilities) as the remit to address above reasons for the appeal. LOCATION: 14010 SW Hall Boulevard; Washington County Tax Assessor's Map 2S 112BB, Tax Lots 200 and 201. ZONE: R -7; Medium- Density Residential District. REVIEW , CRITERIA BEING APPEALED: Community Development Code Chapters 18.705 and 18.810. 1 "— _trr VAR2008 16 � ROSEWOOD COURT SUBDIVISION � "ND. 1I II i� a R ii IN ,Ii1♦ !, it • A I . 1111 -f ' � �r�e Illll luf` l ,,,: a r w r • — BS . A ■ w.,, m =m �i1 mps is Stmi1111{IIII1�� bi air n ■ AV" r Publish 11/20/2008 TT11221 • NOTICE TO MORTGAGEE, •NHOLDER, VENDOR OR SEER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCFIASER PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, DECEMBER 8, 2008 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NOS.: SUBDIVISION (SUB) 2008 -00001 AD TMENT VAR 2008 -00016 ADJUSTMENT (VAR) 2008 -00024 FILE TITLE: "APPEAL" OF ROSEWOOD COURT SUBDIVISION APPLICANT: Landcor Properties OWNER Michael T. Laduca Mike & Rosie Laduca 13032 NE 197 Place PO Box 3006 Woodinville, WA 98072 Woodinville, WA 98072 APPLICANT'S Vic Accomando, P.E. APPELLANT: Mary Meirow & Gordon Kunkle REP.: 16750 SW Timberland Drive 13990 SW Hall Boulevard Beaverton, OR 97007 Tigard, OR 97223 ITEM ON APPEAL: On October 17, 2008, the Planning Director issued a decision to approve a four (4) lot subdivision for single family detached residences. Proposed lots range from 5 095 to 9,233 square feet. One existing residence will be removed. The applicant also re nested and received approval for an adjustment to the street spacing standards along Fanno Creek Drive; and requested but was denied a second adjustment to utilize an existing tree as a street tree. One appeal was received on October 31, 2008. The appellant cites the cost and inconvenience of an address change and several conditions of approval (utilizing an existing access easement for bike /pedestrian access to Hall Blvd., fire protection for a neighboring home, exclusion from ownership and maintenance of the proposed private street /storm system, and undergrounding of utilities) as the reasons for the appeal. LOCATION: 14010 SW Hall Boulevard; WCTM 2S112BB, Tax Lots 200 and 201. ZONE: R-7: Medium Density Residential District. 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 a permitted outright. Some civic and institutional uses are also permitted conditionally. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapters 18.705 and 18.810. THE PUBLIC HEARING ON THIS MA 1 WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD HEARINGS OFFICER AND QTY COUNCIL AND AVAILABLE AT QTY HALL. ASSISTIVE LISTENING DEVICES ARE FOR PERSONS WITH IMPA D HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639 -4171, EXT. 2438 (VOICE) OR (503) 684 -2772 ODD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENT'S. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE QTY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRIT1"EN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE OR DOCUMENTS LESS THAN 7 DAYS PRIOR TO THE PUBLIC HEARING DATE, THE HEARINGS AUTHORITY MAY ALLOW A CONTINUANCE OF THE HEARING, SUBJECT TO ORS 215.428 OR 227.178. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THE CRITERIA LISTED OR OTHER CRITERIA IN THE COMPREHENSIVE PLAN OR DEVELOPMENT CODE WHICH THE PERSON BELIEVES TO APPLY TO THE DECISION. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA IN THE COMPREHENSIVE PLAN OR THE DEVELOPMENT CODE. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LE FLER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST, ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE -NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY -FIVE CENTS (25) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY - FIVE CENTS (25) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER CHERYL GAINES AT (503) 639 -4171, TIGARD QTY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY EMAIL TO cherylc @tigald- or.gov VICINITY MAP SUB2008 -00001 �i�� A VAR2008 -00016 l ill " � '1 VAR2008 -00024 ROSEWOOD _ COURT SUBDIVISION LEGEND: no , Y& �j/ SITEECr I l l i E ice: 4 ire, I r - ORNE ■ ---1-(1- i 111112411111, 10 • IV 1 .. �m...t w ►-� mis I (� 1 1 lIU LIMNERS � Illllf uIft l ►� r i BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an appeal of an administrative ) FINAL ORDER decision approving an application for a 4 -lot ) subdivision on 0.75 acres at 14010 SW ) SUB2008 -00001 Hall Boulevard in the City of Tigard, Oregon) (Rosewood Court Subdivision) A. SUMMARY 1. The applicant, Landcor Properties, requests approval of a preliminary plan for a 4 -lot subdivision of a 0.75 -acre parcel in the R -7 (Low Density Residential) zone located at 14010 SW Hall Boulevard; also known as Tax Lots 200 and 201, WCTM 2S112BB, in the City of Tigard, Oregon (the "site "). The applicant proposes to remove the existing home and garage on the site and construct a new single - family detached dwelling on each of the proposed lots. The applicant will extend a new private street, proposed SW Rosewood Court, into the site from SW Fanno Creek Drive, which abuts the east boundary of the site. The applicant will eliminate the existing driveway access to Hall Boulevard, which abuts the west boundary of the site. The applicant will retain a bicycle and pedestrian path connecting Rosewood Court to the sidewalk abutting Hall Boulevard. In addition, the applicant will dedicate right of way as needed and construct frontage improvements along the site's SW Fanno Creek Drive and Hall Boulevard frontages. The applicant also requested approval of an adjustment to utilize an existing 16 -inch Black Walnut as a street tree (VAR2008- 00016) and an adjustment to the access /egress spacing standard from 125 feet to 102 feet for the proposed Rosewood Court intersection with SW Fanno Creek Drive (VAR2008- 00024). Additional basic facts about the site and the proposed development are set out in the City's administrative decision dated October 16, 2008. 2. On October 16, 2008, the Tigard Planning Manager (the "manager ") issued a Type II decision approving the subdivision and the adjustment to the access /egress spacing standard subject to conditions of approval and denying the street tree adjustment. 3. On October 31, 2008, the City received an appeal of the Director's decision filed by Mary Meirow and Gordon Kunkle (the "appellants "). The appellants objected to: a. The closure of their existing driveway access to Hall Boulevard, condition 10 of the director's decision; b. Modification of the emergency vehicle turnaround requirements, condition 24. They argued that installation of emergency fire sprinklers in the proposed homes does nothing to protect their existing home; c. Their inclusion in the ownership and maintenance requirements for the private street and stormwater facilities, condition 32; d. The requirement that the applicant bury the existing overhead utilities on the site, condition 50, which they argue will eliminate electrical service to their home; and e. The cost and inconvenience of changing the postal address of their home and the requirement to use a group mailbox. 4. On December 8, 2008, Tigard Land Use Hearings Officer Joe Turner (the "hearings officer ") conducted a duly noticed public hearing to consider the appeal. City staff recommended the hearings officer grant the appeal in part by modifying conditions of approval 32 and otherwise deny the appeal and affirm the manager's decision. See the Memorandum to the Hearings Officer dated November 26, 2008 (the "Memorandum "). Representatives of the applicant testified in support of the application. The appellants testified in support of the appeal. At the end of the hearing, the hearings officer ordered the record held open until December 8, 2008. The principal issues in this case include the following: a. Whether the proposed development will have a significant impact on emergency service providers' ability to access and serve the appellants' property; b. Whether the applicant can be required to close the existing driveway access to Hall Boulevard; c. Whether the proposed development will maintain electrical service to the appellants' home; d. Whether construction of Rosewood Court will maintain access to the appellants' property; e. Whether changes in the appellants' street address and mailbox location are relevant to the applicable approval criteria; and f. Whether the appellants can be required to contribute towards the cost of maintaining the private road, Rosewood Court. 5. Based on the findings and conclusions contained herein and the testimony and evidence in the public record, the hearings officer grants the appeal in part and modifies condition 32 as suggested by staff, denies the remainder of the appeal and affirms the administrative decision conditionally approving the application for the reasons provided herein. B. HEARING AND RECORD HIGHLIGHTS 1. The hearings officer received testimony at the public hearing about the appeal on December 8, 2008. All exhibits and records of testimony are filed with the Tigard Department of Community Development. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts, bias or conflicts of interest. The following is a summary by the hearings officer of selected testimony and evidence offered at the hearing. Hearings Officer Final Order Appeal of SUB2008- 00001 /(Rosewood Court Subdivision) Page 2 0 2. City planner Cheryl Caines summarized the director's decision, the appeal and the Memorandum. She testified that the appellants are not responsible for maintenance of the private road and stormwater facilities serving the site. Maintenance responsibilities should be limited to the four new lots created by this development. She requested the hearings officer modify condition 32 to that effect. She further requested that the hearings officer modify condition 10 to require that the applicant provide a public easement over Rosewood Court to allow public pedestrian and bicycle access to Hall Boulevard. 3. City Development Review Engineer Kim McMillan testified that the Fire District has the authority to modify the emergency vehicle turnaround requirements. In this case, the Fire Marshall agreed to modify the turnaround requirements provided the applicant installs emergency fire sprinklers in the proposed homes on the site. The proposed development will not alter emergency vehicle access to the appellants' home. They currently have a single dead -end access from Hall Boulevard. The proposed development will close the Hall Boulevard access and provide a single access from Fanno Creek Drive via proposed Rosewood Court. a. She argued that the few feet of elevation change between the fire hydrant on Fanno Creek Drive and the appellants' property will not have a perceptible impact on the fire flow and pressure available at the appellants' property. b. She testified that the change in the appellants' home address is necessary to ensure prompt emergency access to their home. c. She testified that the City will review the applicant's grading and construction plans to ensure that they comply with the Code and maintain access to the appellants' property. 4. Professional engineer Vic Accomando testified on behalf of the applicant. a. He testified that the applicant cannot provide an emergency vehicle turnaround on the site that complies with the minimum dimensions of the Fire Code. The Fire Marshall approved a modified hammerhead turnaround provided the applicant installs emergency fire sprinklers in the proposed homes on the site. The Fire Marshall did not require that the applicant install emergency fire sprinklers in the appellants' existing home. He noted that there is an existing fire hydrant at the intersection of Rosewood Court and Fanno Creek Drive, which is closer to the appellants' home than the hydrant on Hall Boulevard. b. He testified that, based on his conversations with deputy Fire Marshall John Dalby, the dimensional requirements for emergency vehicle turnarounds are necessary to accommodate the turning radius of larger ladder trucks. Emergency sprinklers reduce the need for ladder trucks. In addition, homes in the R -7 zone are limited to a maximum 35 -foot height, which can be accessed by a standard fire truck, eliminating the need for ladder trucks. c. He opined that the changes in grade between the fire hydrant on Fanno Creek Drive and the appellants' property and between Merlyn Court and the appellants' property will not impact fire flows. Hearings Officer Final Order Appeal of SUB2008- 00001 /(Rosewood Court Subdivision) Page 3 • d. He testified that the applicant is aware of the grade change between Rosewood Court and the appellants' property. The applicant modified the grading plans to eliminate the grade change and maintain access to the appellants' property. e. He testified that the proposed development will not eliminate electrical service to appellants' property. The applicant will submit development plans to PGE and PGE will provide plans for under grounding the existing overhead power lines. PGE may require that the applicant install a utility pole along the appellants' Rosewood Court frontage to maintain the existing overhead electrical service to the appellants' home. f. He opined that closure of the Hall Boulevard access will increase emergency response times to the appellants' home. Currently emergency vehicles travel south on Hall Boulevard and turn into the appellants' driveway. In the future emergency vehicles must turn onto Fanno Creek Drive, meander through the residential neighborhood, then turn onto Rosewood Court. 5. Gordon Kunkle testified on behalf of the appellants. a. He questioned whether the Fire Marshall considered the existence of their home when he approved the modified emergency vehicle turnaround. The requirement that the applicant install emergency sprinklers in the new homes on the site will do nothing to protect their existing home if emergency vehicles are unable to access Rosewood Court due to the substandard emergency vehicle turnaround. The Fire District may not respond as quickly to fires on Rosewood Court because the new homes are equipped with emergency sprinklers. Although their home abuts Merlyn Court on the north, they have no legal access to that street. In addition, there is a significant grade change between Merlyn Court and their home. Their home is higher than Merlyn Court, so fire hoses extending from that street may have insufficient water pressure to reach the upper level of their home. The existing hydrant on Fanno Creek Drive is closer to their home than the hydrant on Hall Boulevard. But their home is uphill from that hydrant, which may reduce the available water pressure for fire hoses on their property. Their home is taller than usual. Therefore ladder trucks may be required to combat a fire in their home. b. He argued that the proposed development and closure of the existing Hall Boulevard access will increase the response times for emergency vehicles, increasing the risk that their home may be destroyed by fire. c. He testified that the applicant's grading plans show a change in grade between Rosewood Court and their driveway, which will make their existing driveway inaccessible. d. He requested the hearings officer hold the record open to allow them to meet with the Fire Marshall and discuss their concerns. Hearings Officer Final Order Appeal of SUB2008- 00001 /(Rosewood Court Subdivision) Page 4 • *- 6 . At the end of the hearing, the hearings officer ordered the public record held two weeks to allow the parties an opportunity to meet with the Fire Marshall and discuss the appellants' concerns and submit additional testimony and evidence regarding the issue of emergency access to the appellants' property. The record in this case closed at 5:00 p.m. December 22, 2008. The City received the following exhibits during the open record period: a. Mr. Accomando submitted a memorandum dated December 12, 2008, summarizing the discussions at the December 11, 2008 meeting with the Fire Marshall, the appellants, the applicant and City staff; b. The appellants submitted a final argument dated December 21, 2008. C. DISCUSSION 1. TDC 18.390.040.G and ORS 227.175 authorize the hearings officer to hear appeals of Type II decisions as a de novo matter. The hearings officer is required to conduct an independent review of the record and is not bound by the prior determination of the manager. The hearings officer adopts the findings in the manager's decision and the Memorandum and the findings and supporting evidence relied on therein, except to the extent inconsistent with the following findings. The hearings officer incorporates by reference the entire planning file regarding the original Type II review of SUB2008 -00001 (Rosewood Court). 2. The appellants' primary concern is the potential impact of the proposed development on the Fire District's ability to respond to a fire or other emergency on their property. a. The hearings officer finds that approval of the modified emergency vehicle turnaround design will have no impact on the Fire District's ability to respond to fires and other emergencies on Rosewood Court. The primary purpose of the turnaround is to allow emergency vehicles to leave the scene in order to respond to another emergency. b. The hearings officer finds that the proposed development will not have a significant impact on emergency response to the appellants' home. There is no dispute that the modified access created by the proposed development will result in a minor increase the time it takes for emergency vehicles to reach the appellants' home. However the response time will only increase by a few seconds, based on the Fire Marshall's expert testimony. The hearings officer finds that a few seconds of additional emergency response time is not significant and is not sufficient to warrant denial of this application. Although the hearings officer understands the appellants' concerns, those concerns are not sufficient to overcome Mr. Dalby's expert testimony, based on his education and experience in responding to emergency situations in the region. c. The appellants expressed concerns that drivers will ignore "No Parking" signs on Rosewood Court, obstructing emergency vehicles ability to access their property. The hearings officer finds that reasonably prudent drivers will observe the parking restrictions on area roads. Illegally parked vehicles will limit emergency access to all of the homes on this street, not just the appellants'. Therefore it is in everyone's best interest to observe parking Hearings Officer Final Order Appeal of SUB2008- 00001 /(Rosewood Court Subdivision) Page 5 restrictions on Rosewood Court. Unfortunately not all drivers are prudent enough to observe such restrictions. However there is no evidence that the development proposed in this application will contribute a disproportionate share of imprudent drivers. i. The City and the Fire District have no authority to monitor and enforce the parking restrictions on private streets. Therefore the hearings officer finds that the residents of the proposed subdivision should be authorized to enforce parking restrictions on this street. The applicant should be required to include provisions in the CC &Rs for this subdivision to that the homeowners association contract with a towing company to either patrol the street and automatically tow illegally parked vehicles or to authorize residents to call the company and report illegally parked vehicles, which could then be towed away. The applicant should be required to post a notice to that effect with the "No Parking" signs on Rosewood Court. A condition of approval is warranted to that effect. ii. The applicant may draft the CC &Rs to authorize the appellants, as well as residents of the proposed lots, to enforce the parking restrictions, to allow the appellants to call and report illegally parked vehicles. The hearings officer cannot impose a condition of approval to that effect, because the hearings officer has no jurisdiction to require that the appellants agree to such a condition. d. The proposed street width is consistent with the Code and therefore must be approved. The City must balance the need for emergency access against other needs, including reducing the amount of impervious surface area, increased development density and other factors. In this case the City Council, in coordination with the Fire District, concluded that the current street standards are the best way to balance those competing needs. The hearings officer has no authority to reconsider the City Council's decision in this proceeding. e. Fire trucks parked in the narrower streets may prevent an ambulance or other emergency vehicle from approaching the site of an emergency. However such obstructions are common and emergency responders have experience and ability to deal with them. Stretchers may be wheeled down the sidewalk or carried around obstacles if necessary. f. The hearings officer finds that the change in elevation between the fire hydrants on Fanno Creek Drive and the appellants home will not impact the available fire flow and pressure, based on the expert testimony of the engineers for the applicant and the City. There is no substantial evidence to the contrary. 3. The applicant is required to close the existing access to Hall Boulevard. Closure of this access may violate the terms of the appellants' access easement, in which case the appellants may have a cause of action against the appellant in civil court. However the easement is a private agreement, which the City has no authority to construe or enforce. The appellants should consult an attorney to advise them of their rights under the easement. Hearings Officer Final Order Appeal ofSUB2008- 00001 /(Rosewood Court Subdivision) Page 6 4. The applicant is required to place all utilities on the site underground pursuant to Section 18.810.1210 of the Tigard Development Code (the "TDC "). The applicant cannot eliminate the existing utility service to the appellants' home. As Mr. Accomando testified at the hearing, PGE may require that the applicant install a utility pole on the appellants' Rosewood Court frontage to support the appellants' existing overhead utility service. 5. Mr. Accomando testified that the applicant revised the grading plans to eliminate the grade change between Rosewood Court and the appellants' driveway. Although the appellant did not submit a copy of the revised grading plan into the record, the hearings officer finds that it is feasible to make this modification. The City will ensure that this development maintains access to the appellants' property when it reviews and approves the applicant's final construction plans. 6. The appellants objected to the fact that this development will change their street address and require that they utilize a group mailbox. The hearings officer understands their concerns, but those concerns are not relevant to any of the applicable approval criteria. Such changes are only one of the many consequences of living in an urban area. 7. The City has no authority to require that the appellants contribute towards the cost of maintaining Rosewood Court, as they are not parties to the application. The appellants' existing easement agreement may require that they contribute towards the cost of maintaining their easement access. However, as noted above, that is a private agreement that the City has no authority to enforce. Therefore the appeal should be granted in part and condition 32 should be modified to limit ownership and maintenance responsibilities for the private road to the four lots within this subdivision. 8. The City requested that the hearings officer modify condition 10 to require a public access easement over proposed Rosewood Court. No one objected to this modification and the hearings officer finds that this additional condition is warranted to ensure that the public has a right to utilize the pedestrian/bicycle access to Hall Boulevard. D. CONCLUSIONS Based on the findings adopted and incorporated herein, the hearings officer concludes that the appeal should be granted in part and condition of approval 32 should be modified to limit maintenance requirements to the owners of the four lots created by this development. The hearings officer concludes that the remainder of the appeal should e denied, because the applicant sustained the burden of proof that the proposed subdivision does or will comply with the applicable approval standards of the Tigard Community Development Code, subject to conditions adopted by the manager, and the appellants failed to provide substantial evidence or evidence of equal or greater probative value to the contrary and/or failed to persuade the hearings officer that the application violates the applicable approval standards based on such evidence. Therefore the hearings officer should affirm the manager's decision with modifications discussed above. Hearings Officer Final Order Appeal ofSUB2008- 00001 /(Rosewood Court Subdivision) Page 7 111 E. DECISION In recognition of the findings and conclusions contained and incorporated herein, the hearings officer hereby grants the appeal in part and modifies condition of approval 32, denies the remainder of the appeal, affirms the remainder of the decision of the planning manager and approves SUB2008 -00001 (Rosewood Court) subject to the following conditions of approval: CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ON -SITE IMPROVEMENTS, INCLUDING TREE REMOVAL, CLEARING, GRADING, EXCAVATION, AND /OR FILL ACTIVITIES: The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Cheryl Caines 503 - 639 -4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to final plat the applicant shall submit evidence that shows the minimum average lot size of 5,000 square feet is met excluding the area within the existing access easement for tax lot 701. 2. Prior to site work the applicant shall submit a revised site plan that shows each leg of the proposed turnaround meets the minimum depth standard of 40 feet. 3. Prior to commencing site work, the applicant shall submit a revised site plan that indicates the type and location of proposed street trees along the public street (SW Hall Boulevard) and the private street (Tract A) for the City Arborist's review and approval. Spacing of such trees shall be in accordance with Section 18.745.040.C.2.0 of the Tigard Development Code. 4. Prior to site work the applicant shall submit a revised tree plan prepared by a Certified Arborist that identifies all trees greater than 6 inches located on parcels 200 and 201. The arborist shall specifically address three spruce trees located on the southern ortion of the site that appear to have been missed in the tree plan submitted with this application. 5. Prior to site work the applicant shall submit to the City Arborist for review and approval a revised protection plan that indicates protection for all on -site and neighboring trees during construction and tree protection specifications after construction. The Project Arborist shall also generally address appropriate landscape materials and methods around preserved trees. The plan shall include the signature of the Project Arborist. 6. Prior to site work, the applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 7. If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal shall be reviewed and approved by the City Arborist before proposed work can proceed within a tree protection zone. The City Arborist may require changes prior to approval. The project arborist shall be on site while work is occurring within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantly impact the health and/or stability of the trees. This note shall be included on the Tree Protection Plan. Hearings Officer Final Order Appeal of SUB2008- 00001 /(Rosewood Court Subdivision) Page 8 • • 8. The applicant shall have an on -going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the building construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced, then the Project Arborist shall certify that the construction activities did not adversely impact the overall, long -term health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub - contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. 9. Prior to site work, the applicant shall submit a cash assurance (letter of credit or cash deposit) for the equivalent value of mitigation required. Mitigation is calculated at $125.00 per caliper inch and is currently estimated to be 95 inches (95 inches x $125 = $11,875). Any trees successfully planted on or off -site, in accordance with an approved Tree Mitigation Plan and TDC 18.790.060.D, will be credited against the assurance two years after all of the trees are planted per the approved Tree Mitigation Plan. After the trees are planted, the project arborist shall submit a letter to the City Arborist to certify that all of the mitigation trees were properly planted per the approved Tree Mitigation Plan in order to set the starting point of the two year tree establishment period. After the two year establishment period, the applicant shall provide a re- inventory of the mitigation trees conducted by a certified arborist in order to document mitigation tree survival, and compliance with the approved Tree Mitigation Plan. The remaining value of caliper inches not successfully mitigated shall be paid as a fee in -lieu of planting from the original cash assurance. 10. Prior to site work the applicant shall submit a plan showing a pedestrian/bike pathway connection from SW Fanno Creek Drive to SW Hall Boulevard by utilizing the existing pavement/access easement location (if the access easement can be modified) and dedicating a public access easement across the proposed private street, Rosewood Court, and the pedestrian/bike pathway connection to provide a continuous public access easement between Fanno Creek Drive and Hall Boulevard. The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: KIM MCMILLAN 503- 639 -4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 11. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this project to cover half - street improvements and any other work in the public right -of -way. Six (6) 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 Planning and Building Divisions and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard - or.gov). 12. 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. Hearings Officer Final Order Appeal ofSUB2008- 00001 /(Rosewood Court Subdivision) Page 9 • 1 13. 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. 14. The City Engineer may determine the necessity for, and require submittal and approval of, a construction access and parking plan for the home buildirT phase. If the City Engineer deems such a plan necessary, the applicant shall provide the plan prior to issuance of building permits. 15. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a half - street improvement along the frontage of SW Fanno Creek Drive. The improvements adjacent to this site shall include: A. City standard pavement section for a local street from curb to centerline equal to 16 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off -site storm drainage necessary to convey surface and/or subsurface runoff; E. 5 -foot concrete sidewalk with a planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; I. underground utilities; J. street signs (if applicable); K. driveway apron (if applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW Fanno Creek Drive in a safe manner, as approved by the Engineering Department; M. curb extensions, parking restrictions, and traffic calming to provide adequate sight distance. 16. The applicant shall submit construction plans to ODOT as a part of the ODOT Miscellaneous permit, indicating that they will construct the following frontage improvements along SW Hall Boulevard as part of this project. A. 8 -foot concrete sidewalk with planter strip (replace any damaged sidewalk); B. street trees in the planter strip spaced per TDC requirements; C. streetlight layout by applicant's engineer, to be approved by City Engineer; and D. removal of concrete driveway apron and replace with a standard curb and sidewalk. 17. Prior to issuance of permits, the applicant shall obtain a Miscellaneous Permit from the State of Oregon Highway Division, to perform work within the right -of -way of Hall Boulevard. This work will include the removal of the driveway, loop detector and junction box. The driveway shall be replaced with standard ODOT curb and sidewalk. Street trees are required along the Hall Boulevard frontage. A copy of the permit shall be provided to the City Engineering Department. 18. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street shall meet the City's public street standard for a local residential street. 19. The applicant shall restore any bicycle lane striping and markings on Hall Boulevard that are disturbed during construction. Hearings Officer Final Order Appeal of SUB2008- 00001 /(Rosewood Court Subdivision) Page 10 • 20. 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. 21. Final design plans and calculations for the proposed public water quality /detention facility shall be submitted to the Engineering Department (Kim McMillan) as a part of the Public Facility Improvement (PFI) permit plans. Because the Engineer has proposed an unusual system for storm water treatment and disposal, the plans and calculations shall also be submitted, by the Engineer, to CWS for review and approval prior to issuance of permits. Included with the plans shall be a proposed landscape plan and maintenance plan. 22. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 23. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots dram 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. 24. The applicant shall provide a turnaround that meets the requirements of TVF &R or provide each dwelling with an automatic sprinkler system. The applicant shall indicate the approved alternative on the PFI plans. 25. "NO PARKING" signs shall be installed on both sides of the private street. The "NO PARKING" signs shall also include a warning that illegally parked vehicles are subject to being towed. 26. The applicant's plans shall be revised to show the public water line terminating at the Fanno Creek Drive ROW. The water meters shall be banked at this location. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Cheryl Caines 503 -639 -4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 27. Prior to final plat the applicant shall submit an approved copy of the Washington County plat name reservation form for Rosewood Court. 28. Prior to final plat, the applicant/owner shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. 29. Prior to final plat the applicant shall submit an as -built drawing that shows the vision clearance requirements are met. In addition, the project planner shall inspect the site to ensure the obstructions are eliminated. Hearings Officer Final Order Appeal of SUB2008- 00001 /(Rosewood Court Subdivision) Page 11 • • The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: KIM MCMILLAN 503- 639 -4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 30. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart, Engineering). 31. No lots shall be permitted to access directly onto Hall Boulevard. A non - access reserve strip shall be recorded on the final plat along the length of the property frontage. 32. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners within the subdivision (Rosewood Court) who abut and take access from it. 33. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC &R's) for this project, to be recorded with the final plat that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC &R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street(s). The applicant shall submit a copy of the CC &R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. The CC &Rs shall also include provisions requiring a contract with a towing company to patrol the street and enforce the "No Parking" restrictions or to authorize residents of the subdivision to call for towing of illegally parked vehicles. 34. The CC &R's shall identify an enforcement process for illegal parking of vehicles on the private street. A copy of the CC &R's must be reviewed and approved by TVF &R prior to final plat approval. 35. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. 36. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private water quality/detention facility in the private street will be jointly owned and maintained by the developer or by the future homeowners within the subdivision. 37. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private water quality/detention facility on the individual lots shall be owned and maintained by the developer or by the future homeowners within the subdivision. 38. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC &R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private water quality/detention facility. The CC &R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the facility. The applicant shall submit a copy of the CC &R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. Hearings Officer Final Order Appeal of SUB2008- 00001 /(Rosewood Court Subdivision) Page 12 0 • 39. 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. 40. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639 -4171, ext. 2421). 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 SW Fanno Creek Drive, providing 27 feet from centerline 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 lat, submit one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Cheryl Caines 503 -639 -4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 41. Prior to issuance of building permits, the applicant shall demonstrate that the minimum setbacks and height maximum required in the base zone (R -7) have been met and that the proposed homes will not be within the existing access easement to Hall Boulevard. 42. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign compliance agreement. 43. Prior to issuance of building permits, the applicant shall submit a building site plan to the building division indicating the locations of trees that were preserved on the lot during site development. In addition, the plans shall include accurate locations of tree canopy drip lines and protection fencing, and a signature of approval from the project arborist regarding the placement and construction techniques to be employed in building the structures. All proposed protection fencing shall be installed and inspected prior to commencing construction. The fencing shall remain in place through the duration of all of the building construction phases, until the Certificate of Occupancy has been approved. Hearings Officer Final Order Appeal of SUB2008- 00001 /(Rosewood Court Subdivision) Page 13 • • 44. Prior to issuance of building permits or tree planting, whichever is first, the applicant shall submit a mitigation plan that meets the requirements of TDC 18.790. The mitigation is currently calculated at 95 tree inches. The amount of required mitigation may change once the City approves a revised tree plan. The mitigation plan shall be submitted to the City Arborist for review and approval. The number of inches subject to mitigation may be reduced if a revised tree protection plan is approved to retain additional trees. Estimated mitigation can be accomplished by either planting 95 caliper inches worth of trees, paying $11,875 (95 inches x $125 per caliper inch), or any combination thereof. If a mitigation planting pro osal is submitted, it needs to have a signature of approval from the project arborist certi ing that it meets the requirements of 18.790.060D and that the species and placement of mitigation trees has been reasonably calculated to provide for their growth to maturity. The mitigation proposal shall show the species, location, and spacing of mitigation trees in relation to buildings, infrastructure, existing trees, street trees, and each other. 45. Prior to the issuance of a building permit for lot 4, the applicant shall submit a site plan to the Project Planner that shows how the through lot buffering standards are met. The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: Kim McMillan 503- 639 -4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 46. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded f nal plat. 47. Prior to issuance, 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 applicants 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). 48. The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. 49. Prior to issuance of building permits, the applicant's engineer shall submit final sisht distance certification for the intersection of the Private Street and Fanno Creek Drive. 50. The applicant shall either place the existing overhead utility lines along the west side of SW Hall Boulevard underground as a part of this project, or they shall pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is approved, the amount will be $4,350.50 and it shall be paid prior to issuance of building permits. 51. To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages, and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard Engineering Department with written confirmation that the water quality facility is in compliance with the design and specifications. Hearings Officer Final Order Appeal of SUB2008 -00001 /(Rosewood Court Subdivision) Page 14 • • THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL BUILDING INSPECTION: The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Cheryl Caines 503 -639 -4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 52. Prior to final building inspection for each lot, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees and that the street trees were properly planted per the approved street tree plan. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: Before 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. 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. Hearings Officer Final Order Appeal of SUB2008 -00001 /(Rosewood Court Subdivision) Page 15 • • 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 paper 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 the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, 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. Hearings Officer Final Order Appeal ofSUB2008- 00001 /(Rosewood Court Subdivision) Page 16 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 provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. DATED this 6 day of January 2009 J umer, Esq., AICP City of Tigard Land Use Hearings Officer Hearings Officer Final Order Appeal ofSUB2008- 00001 /(Rosewood Court Subdivision) Page 17 • • "TAB A" Testimony Received at the Public Hearing. NONE RECEIVED i i > I • • "TAB B" Applicant's Materials & All Correspondence Filed with Hearings Officer Prior to the Public Hearing. 03 , • n MEMORANDUM T a oAnn TO: Joe Turner, City of Tigard Hearings Officer FROM: Cheryl Caines, Associate Planner 011-) RE: "Appeal" of SUB2008- 00001/VAR2008- 00016/VAR2008 -00024 Rosewood Court Subdivision DATE: November 26, 2008 SECTION I: On October 16, 2008 the Director issued a decision to approve a request for a 4 -lot subdivision for single- family detached homes with lots ranging from 5,095 to 9,233 square feet. The site lies east of the intersection of Hall Boulevard and McDonald Street at 14010 SW Hall Boulevard. The applicant requested and received approval for an adjustment to the street spacing standards along Fanno Creek Drive. The proposed private street (Rosewood Court) does not meet the minimum street spacing standard of 125 feet along a local street. Spacing to DeeAnn Court to the north is approximately 102 feet. A second adjustment to utilize an existing tree as a street tree was denied. SECTION II: An appeal was filed by neighboring property owners, Mary Meirow and Gordon Kunkle. Their property is accessed from Hall Boulevard via an existing easement across the subject property. They are appealing several conditions of approval as described below. In addition, the appellants cite the cost and inconvenience of the new postal address to be assigned to their property and the requirement to utilize a group mailbox. Condition #10 — The appellants would like to maintain their full easement rights across the existing access easement. RESPONSE: Page 31 of the Director's Decision states that the existing driveway apron and driveway are to be removed. Condition #10 requires that a public bike /pedestrian easement be placed on the area containing the private access easement if possible. The City is not requiring the private access easement to be relinquished; only the physical access needs to be removed. Condition #24 — The allowance to provide automatic fire sprinklers does not address fire protection for their existing home. RESPONSE: The applicant has proposed installing fire sprinklers within the new homes to meet the fire apparatus access road requirements. This is noted in the comments provided by Fire Marshall, John Dalby, of Tualatin Valley Fire and Rescue (page 37). The Fire Marshall was given a copy of the application and reviewed the plans. He did not indicate an issue with access to the existing home by switching the home's access from a driveway along Hall Boulevard to a private street along Fanno Creek Drive. • • Condition # 32 - The appellants request exclusion from ownership and maintenance requirements of the new private street, water system and detention areas. RESPONSE: Staff made an error on page 20 of the report when including tax lot 701 in the maintenance responsibility for the private street (Rosewood Court). Condition # 32 should be revised as recommended in Section III below. Condition # 50 - The requirement to bury existing utilities will eliminate their electrical service. RESPONSE: Utilities must be undergrounded along the site frontage and from the new houses built within the subdivision. If utilities to the existing home on tax lot 701 need to be undergrounded, then that will be at the expense of the developer. Electrical service to the appellant's home will not be eliminated. SECTION III: The City of Tigard has reviewed the information within this appeal and stands by the findings and conditions of approval within the decision with one exception: Currently condition # 32 reads: The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners who abut and take access from it. To eliminate tax lot 701 from maintenance responsibility, staff recommends condition # 32 should be modified to read: The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners within the subdivision (Rosewood Court), who abut and take access from it. SECTION IV: Additionally, staff is requesting a modification to Condition # 10 regarding the bike /pedestrian access to Hall Boulevard which has no relation to the appeal. Currently, the condition reads: Prior to site work the applicant shall submit a plan showing a pedestrian/bike pathway connection to SW Hall B oulevard utilizing the existing pavement and access easement location, if the access easement can be modified. The condition as stated does not provide for public access across Rosewood Court, which is a private street. Staff recommends that the Hearings Officer amend the condition to read: Prior to site work the applicant shall submit a plan showing a pedestrian /bike pathway connection from SW Fanno Creek Drive to SW Hall Boulevard by utilizing the existing pavement /access easement location (if the access easement can be modified) and dedicating a public access easement across the proposed private street, Rosewood Court. • • The applicant has been notified of the appeal and hearing date. No response to the appeal has been submitted to the City by the applicant. Staff will be available at the hearing for questions. Attachments: 1. Director's Decision 2. Appeal filing forms and attachments 3. Initial and Revised Notices of Application 4. Applicant's submittal 5. Residents, agencies and other staff comments received during the comment periods 6. 120 -day period extension letter •A • ATTACHMENT 1 NOTICE OF TYPE II DECISION ; r r rig SUBDIVISION (SUB) 2008-00001 ; m ROSEWOOD COURT SUBDIVISION • (Includes a 62 day extension) 120 DAYS = 1/6/2009 SECTION I. APPLICATION SUMMARY FILE NAME: ROSEWOOD COURT SUBDIVISION CASE NOS.: Subdivision (SUB) SUB2008 -00001 Adjustment (VAR) VAR2008 -00016 Adjustment VAR) VAR2008 -00024 REQUEST: The applicant is seeking approval for a 4 -lot subdivision on a .75 -acre site. An existin home on the site will be removed. The lots are proposed to be developed with detached family homes. Lot sizes will range from 5,095 to 9,233 square feet. The applicant is requesting an adjustment to utilize an existing 16 -inch Black Walnut as a street tree. The applicant is also requesting an adjustment to the access /egress spacing standard. The proposed private street (Rosewood Court) does not meet the minimum street spacing standard of 125 feet along a local street. Spacing to DeeAnn Court to the north is approximately 102 feet. APPLICANT: Landcor Properties OWNER: Mike Laduca Mike & Rosie Laduca 13032 NE 197 Place P.O. Box 3006 Woodinville, WA 98072 Woodinville, WA 98072 APPLICANT'S Vic Accomando, P.E. REP.: 16750 SW Timberland Drive Beaverton, OR 97007 COMPREHENSIVE PLAN DESIGNATION: R-7: Medium Density Residential ZONE: R-7 Medium Density Residential. 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: 14010 SW Hall Blvd.; WC TM 2S112BB, Tax Lots 200 and 201. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370 (Variances and Adjustments); 18.390 (Decision Making Procedures); 18.430 (Subdivision); 18.510 (Residential Zoning Districts); 18.705 (Access, Egress and Circulation); 18.715 (Density Computation); 18.725 S Environmental Performance Standards); 18.745 (Landscaping and Screening); 18.765 (Off - treet Parking); 18.780 (Signs); 18.790 (Tree Removal); 18795 (Visual Clearance Areas); and 18.810 (Street and Utility Improvement Standards). . NOTICE OF DEQSION PAGE 1 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request for a subdivision and access spacing adjustment subject to certain conditions of approval. The proposed landscaping adjustment to utilize an existing walnut tree as a street tree has been DENIED. The findings and conclusions on which the decision is based are noted in Section VI of this Decision. CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ON- SITE IMPROVEMENTS, INCLUDING TREE REMOVAL, CLEARING, GRADING, EXCAVATION, AND /OR FILL ACTIVITIES: The applicant shall prepare a cover letter and submit it, alon with any supporting documents and /or fans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Cheryl nines 503- 639 -4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to final plat the applicant shall submit evidence that shows the minimum average lot size of 5,000 square feet is met excluding the area within the existing access easement for tax lot 701. 2. Prior to site work the applicant shall submit a revised site plan that shows each leg of the proposed turnaround meets the minimum depth standard of 40 feet. 3. Prior to commencing site work, the applicant shall submit a revised site plan that indicates the type and location of proposed street trees along the public street (SW Hall and.the private street (Tract A) for the City Arbonst's review and approval. Spacing of such trees shall be in accordance with Section 18.745.040.C.2.0 of the Tigard Development Code. 4. Prior to site work the applicant shall submit a revised tree plan prepared by a Certified Arborist that identifies all trees greater than 6 inches located on parcels 200 and 201. 'I he arborist shall specifically address three spruce trees ocated on the southern portion of the site that appear to have been missed m the tree plan submitted with this application. 5. Prior to site work the applicant shall submit to the City Arborist for review and approval a revised protection plan that indicates protection for all on -site and neighboring trees during construction and tree protection specifications after construction. The Project Arborist shall also generally address appropriate landscape materials and methods around preserved trees. The plan shall include the signature of the Project Arbonst. 6. Prior to site work, the applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the Qty Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are perfornung adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and /or civil citations can be processed. 7. If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal shall be reviewed and approved by the City Arborist before proposed work can proceed within a tree protection zone. The City Arbonst may require changes prior to approval. The project arborist shall be on site while work is occurring within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantly impact the health and /or stability of the trees. This note shall be included on the Tree Protection Plan. • NOTICE OF DEQSION PAGE 2 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • . 8. The applicant shall have an on -going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the building construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced then the Project Arbonst shall certify that the construction activities did not adversely impact the overall, Tong -term health and stability of the tree(s). If the reports are not submitted to the City Arbonst at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub - contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. 9. Prior to site work, the applicant shall submit a cash assurance (letter of credit or cash deposit) for the equivalent value of mitigation required. Mitigation is calculated at $125.00 per caliper inch and is currently estimated to be 95 inches (95 inches x $125 = $11,875). Any trees successfully planted on or off -site, un accordance with an approved Tree Mitigation Plan anol TDC 18.790.060.D will be credited against the assurance two years after all of the trees are planted per the approved Tree Mitigation Plan. After the trees are planted, the project aborist shall submit a letter to the City Arborist to certify that all of the mitigation trees were properly planted per the approved Tree Mitigation Plan in order to set the starting point of the two year tree establishment period. Ater the two year establishment period, the applicant shall provide a re- inventory of the mitigation trees conducted by a certified aborist m order to document mitigation tree survival and compliance with the approved Tree Mitigation Plan. The remaining value of caliper inches not successfully mitigated shall be paid as a fee in -lieu of planting from the original cash assurance. 10. Prior to site work the applicant shall submit a plan showing a pedestrian /bike pathway connection to SW Hall Boulevard utilizing the existing pavement and access easement location, if the access easement can be modified. The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: KIM MCMILLAN 503- 639 -4171, EX 2642. The cover letter shall clearly identify where in the submittal the required information is found: 11. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this project to cover half - street improvements and any other work in the public right-of-way. Six (6 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 Planning and Building Divisions and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard- or.gov) . 12. 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. 13. 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. 14. The City Engineer may deter mine the necessity for, and require submittal and approval of, a construction access and parking plan for the home building phase. If the CityEngineer deems such a plan necessary, the applicant shall provide the plan prior to issuance of building permits. NOTICE OF DECISION PAGE 3 OF 39 SUB2008 -00001 ROSEWOOD OOURT SUBDIVISION • 15. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a half - street improvement along the frontage of SW Fanno Creek Drive. The improvements adjacent to this site shall include: A. City standard pavement section for a local street from curb to centerline equal to 16 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond - the site frontage; C concrete curb, or curb and gutter as needed; D. storm drainage, including any off -site storm drainage necessary to convey surface and /or subsurface runoff; E. 5 -foot concrete sidewalk with a planter strip; F. street trees in the planter strip spaced per'I'DC requirements; G. street striping; H streetlight layout by applicant's engineer, to be approved by City Engineer; I. underground utilities; street signs (if applicable); . driveway apron (if applicable); and L. adjustments in vertical and /or horizontal alignment to construct SW Fanno Creek Drive eet in a safe manner, as approved by the Engineering Department; M. curb extensions, parking restrictions, and traffic calming to provide adequate sight distance. 16. The applicant shall submit construction plans to ODOT as a part of the ODOT Miscellaneous permit, indicating that they will construct the following frontage improvements along SW Hall Boulevard as part of this project. A 8 -foot concrete sidewalk with planter strip (replace any damaged sidewalk); B. street trees in the planter strip spaced per'lDC requirements; C streetlight layout by applicant's engineer to be approved by City Engineer and D. removal of concrete dnveway apron an replace with a standard curb and sidewalk 17. Prior to issuance of permits, the applicant shall obtain a Miscellaneous Permit from the State of Oregon Highway Division, to perform work within the right -of -way of Hall Boulevard. This work will include the removal of the driveway, loop detector and junction box. The driveway shall be replaced with standard ODOT curb and sidewalk. Street trees are required along the Hall Boulevard frontage. A copy of the permit shall be provided to the City Engineering Department. 18. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street shall meet the Qty's public street standard for a local residential street. 19. The applicant shall restore any bicycle lane striping and markings on Hall Boulevard that are disturbed during construction. 20. 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. NO'1E: 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. 21. Final design plans and calculations for the proposed public water quality /detention facility shall be submitted to the Engineenng Department (Kim McMillan) as a part of the Public Facility Improvement (PFI) permit plans. Because the Engineer has proposed an unusual system for storm water treatment and disposal, the plans and calculations shall also be submitted, by the Engineer, to CWS for review and approval prior to issuance of permits. Included with the plans shall be a proposed landscape plan and maintenance plan. 22. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." NOTICE OF DEQSION PAGE 4 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • 23. A final grading plan shall be submitted showing the existing and 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. 24. The applicant shall_ provide a tumaround that meets the requirements of TVF&R or provide each dwelling with an automatic sprinkler system. The applicant shall indicate the approved alternative on the PFI plans. 25. "NO PARKING" signs shall be installed on both sides of the private street. 26. The applicant's plans shall be revised to show the public water line terminating at the Fanno Creek Drive ROW. The water meters shall be banked at this location. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: The applicant shall prepare a cover letter and submit it, alon with any supporting documents and /or plans that address the following rrequirements to the CURRENT PLANNING ATTN: Cheryl Gaines 503 - 639 -4171, EXT 2437 The cover letter shall clearly identify where in the submittal the required information is found: 27. Prior to final plat the applicant shall submit an approved copy of the Washington County plat name reservation form for Rosewood Court. 28. Prior to final plat, the applicant /owner shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arbonst. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. 29. Prior to final plat the applicant shall submit an as -built drawing that shows the vision clearance requirements are met. In addition, the project planner shall inspect the site to ensure the obstructions are eliminated. The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: KIM MCMILLAN 503 -639 -4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 30. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart, Engineering). 31. No lots shall be permitted to access directly onto Hall Boulevard. A non - access reserve strip shall be recorded on the final plat along the length of the property frontage. 32. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners who abut and take access from it. 33. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC&R's shall obligate the pnvate property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street(s). The applicant shall submit a copy of the CC&R's to the Engineenng Department (Kim McMillan) prior to approval of the final plat. 34. The CC&R's shall identify an enforcement process for ille >al parking of vehicles on the private street. A copy of the CC&R's must be reviewed and approved by TVF&1 prior to final plat approval. 35. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. NOTICE OF DEQSION PAGE 5 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION 114 1111 36. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private water quality /detention facility in the pnvate street will be jointly owned and maintained by the developer or by the future homeowners within the subdivision. 37. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private water quality /detention facility on the individual lots shall be owned and maintained by the developer or by the future homeowners within the subdivision. 38. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that cl�lays out a maintenance plan and agreement for the proposed pnvate water quality /detention facility. The 's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance or the facility. The applicant shall submit a copy of the CC&R's to the Engineering Department (Kim McMillan) prior to approval Of the final plat. 39. 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 gnd 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. 40. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning /Engineering Permit Technicians, at (503) 639 - 4171, ext. 2421). 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 f Tigard. D. The right-of-way dedication for SW Fanno Creek Dive, providing 27 feet from centerline 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 one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: The applicant shall prepare a cover letter and submit it, alon with any supporting documents and /or ( Tans that address the following requirements to the CURRENT PLANNINGDIVISION, ATTN: Cheryl wines 503 - 639 -4171, EXT 2437 The cover letter shall clearly identify where in the submittal the required . information is found: 41. Prior to issuance of building permits the applicant shall demonstrate that the minimum setbacks and height maximum required in the base zone (k-7) have been met and that the proposed homes will not be within the existing access easement to Hall Boulevard. 42. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign compliance agreement. NOTICE OF DEQSION PAGE 6 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • . 43. Prior to issuance of building permits, the applicant shall submit a building site plan to the building division indicatin g the locations of trees that were preserved on the lot during site development. In addition, the plans shall include accurate locations of tree canopy drip lines and protection fencing, and a signature of approval from the project aborist regarding the placement and construction techniques to be employed in building the structures. All proposed protection fencing shall be installed and inspected pnor to commencing construction. The fencing shall remain in place through the duration of all of the building construction phases, until the Certificate of Occupancy has been approved. 44. Prior to issuance of building permits or tree planting, whichever is first, the applicant shall submit a mitigation plan that meets the requirements of '1DC 18.790. The mitigation is currently calculated at 95 tree inches. The amount of required mitigation may change once a revised tree plan is approved by the City. The mitigation plan shall be submitted to the City Arborist for review and approval. The number of inches subject to mitigation may be reduced if a revised tree protection plan is approved to retain additional trees. Estimated mitigation can be accomplished by either planting 95 caliper inches worth of trees, paying $11,875 (95 inches x $125 per caliper inch), or any combination thereof. If a mitigation planting proposal is submitted, it needs to have a signature of approval from the project aborist certifying that it meets the requirements of 18.790.060D and that the species and placement of mitigation trees has been reasonably calculated to provide for their growth to maturity. The mitigation proposal shall show the species, location, and spacing of mitigation trees in relation to buildings, infrastructure, existing trees, street trees, and each other. 45. Prior to the issuance of a building permit for lot 4, the applicant shall submit a site plan to the Project Planner that shows how the through lot buffering standards are met. The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or Tans that address the following requirements to the ENGINEERING DIVISION, ATTN: Kim McMillan 503- 639 -4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 46. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 47. Prior to issuance, 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 m "DWG" format, if available; otherwise A 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) m the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). 48. The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. 49. Prior to issuance of building permits, the applicant's engineer shall submit final sight distance certification for the intersection of the Private - Street and Fanno Creek Dnve. 50. The applicant shall either place the existing overhead utility lines along the west side of SW Hall Boulevard underground as a part of this project or they shall pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is approved, the amount will be $4,350.50 and it shall be paid prior to issuance of building permits. 51. To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform co and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages, and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard Engineering Department artment with written confirmation that the water ggaltty in compliance with the design and specifications. NOTICE OF DECISION PAGE 7 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL BUILDING INSPECTION: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNINGDIVISION, ATTN: Cheryl Gaines 503 - 639 -4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 52. Prior to final building inspection for each lot, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees and that the street trees were properly planted per the approved street tree plan. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arbonst. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: Before 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. 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 paper 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. NOTICE OF DECISION PAGE 8 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • • 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, beguuung 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 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 Qty Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No and 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 Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land divider's engineer shall provide written certification of a form provided by the City that all improvements workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. NOTICE OF DECISION PAGE 9 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • • SECTION III. BACKGROUND INFORMATION Site Information and Proposal Description: The applicant is requesting approval for a 4 -lot subdivision. The .75 acre site is made up of two parcels, tax lots 200 and 201. An existing home on the site will be demolished and four new single-family detached homes will be constructed. The applicant has requested two adjustments. One is to allow an existing Black Walnut tree along Hall Boulevard to be used as a street tree. The second is to the access spacing standards along a local street. The proposed private street (Rosewood Court)is approximately 102 feet south of DeAnn Court. The required spacing is 125 feet, but the applicant cannot meet this spacing requirement. A search of city records indicates that a minor land partition MLP8 - 84 divided Tax Lot 200 into two lots. The two 0 parcels were separated by land dedicated for Fanno (.:reek Drive. In 1993 the City approved a subdivision (SUB93- 003) known as Colony Creek Estates 6 for eight new lots. Two of the eight lots were created along this site's eastern boundary with Fanno Creek Drive. No other land use approvals were found. The site currently has access from Hall Boulevard at the intersection of Hall and McDonald Street. This access will be closed and a new private street from Fanno Creek Drive will provide access to the proposed four lots and one existing home located on tax lot 701 to the north. Tax lot 701 currently has an access easement across the subject site for access to Hall Boulevard. Although tax lot 701 has frontage on Merlyn Court access was not permitted. Merlyne Court is a private street, and the number of units accessing a pnvate street is Iunited to six. The decision for the Colony Creek Estates 6 subdivision was also approved in 1993. The homes within this subdivision are to the east and south of the project site. The City required the applicant to redesign the Colony Creek Estates 6 plat to provide access to Fanno Creek Drive for existing and /or future development on Tax Lots 200 and 701. This issue among others was appealed to the Tigard Hearings Officer (HO). The HO's Final Order required the redesign to include the flag (now tax lot 201) for access and conditioned that future development of Tax Lots 200 or 701 would require that both sites take access from Fanno Creek Drive. Vicinity Information: The proposed development lies east of Hall Boulevard at the intersection of Hall Boulevard and McDonald Street. Parcels to the north and east are zoned R-7 like the subject property. Properties to the south are also zoned R with a Planned Development overlay. Sites in the immediate area are developed with single- family homes of varying ages within subdivisions. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and /or oral testimony prior to a decision being made. In addition, staff has posted a notice at the driveway to the site, visible from the street. Staff received the following comments from adjacent property owners and other interested parties. The following comments were received during the original comment penod. Mr. Russel Snyder drives southbound on Fanno Creek Drive daily. He notes that cars are parked on the southbound side of the street which creates a hazard as far as being able to see vehicles exiting onto Fanno Creek Drive from the new proposed street (Rosewood Court). He feels that the problem wou_d be eliminated by prohibiting cars from parking on the curve on Fanno Creek Drive, near the proposed street. He states that this would allow cars on Fanno Creek Drive to see cars exiting from Rosewood Court and vice- versa. Dr. Charles Stamps has similar concerns and opposes the development if the access is from Fanno Creek Drive. He states that because the street winds and curves, one cannot see vehicles entering or exiting the site. He also states that there is a great possibility of wrecks and possibly deaths. Dr. Stamps supports the proposed subdivision if the access is restricted to Hall Boulevard with no access onto Fanno Creek Drive. RESPONSE: The developer's engineer, Vic Accomando, submitted an Access Management Report which has been reviewed by the City-EEngineer, Kim McMillan. A complete discussion regarding this review is found under the Access /Egress section of this decision. Sight distance to the south from the proposed private street meets the standard. Sight distance to the north around the curve is not adequate in the current configuration. A visit to the site revealed that it may be possible to have adequate sight distance through a combination of curb extenstions, parking restrictions, and traffic calming features. These improvements would slow traffic around the curve in Fanno Creek Drive. The applicant has been conditioned to provide these features and adequate sight distance. NOTICE OF DEQSION PAGE 10 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • . Ms. Mary Meirow and Mr. Gordon Kunkle submitted a letter addressing several issues. Mary and Gordon are not opposed to the development but want to preserve the neighborhood's quality of life. Their issues in clude: 1) There is no way to pull out safely onto Fanno Creek Drive from the proposed private street. To the left are existing shrubs on the neighboring property and a curve in the road. RESPONSE: Staff has responded to the access issues above and in further detail under the Access, Egress, and Circulation section of this decision. The a plicant does not meet the Visual Clearance standards outlined in Section 18.795 of the Tigard Development Code (1'DC), and is therefore conditioned to meet these requirements prior to the approval of a final plat. The impose condition requires that the applicant provide drawings and pass a City inspection to ensure Visual Clearance standards are met. 2) Parking - The proposed private drive is not wide enough for parking, thus visitors to the new homes will park along Fanno Creek Drive. RESPONSE: Each residence is required to have one off - street parking space per code. Each unit will have four spaces (two within the garage and two within the driveway). The_garage setback is twenty feet from the property line to ensure cars parked in the drive will not hang over sidewalks or into streets. Parking is not permitted on private streets like proposed SW Rosewood Court. Parking is permitted along SW Fanno Creek Drive, but will be limited near the curve to ensure safety. 3) Flooding is a concern since our property sits below the peak of the development site. Water currently runs down our drive from the neighboring site. The plans show the proposed private street one foot above, which will cause water to fall towards the back side of our house and into our basement. I work for Eagle - Elsner and had the engineers in our office look at the plans. There are grade issues in connecting the access road to our driveway. RESPONSE: Plan C5 shows a cross - section of the ro osed private drive. Water will drain away from the curb to the center of the street. Porous pavement is proposed. An overflow basin is also roposed; this will collect any stormwater that cannot infiltrate and carry it to the public storm line in Fanno Creel Drive. Roof runoff will be collected into rain gardens on each lot; overflow from the gardens will be released into the infiltration bed within the proposed street (Rosewood Court). 4) The angle at which our driveway will now connect to the access road will make it more difficult for a fire truck to service our house. RESPONSE: Staff has reviewed the plans regarding this issue with John Dalby, TVF&R Fire Marshall. The distance to the Meirow /Kunkle residence does not present an issue for fire apparatus access. 5) Minimum right-of-ways and street widths. under City Code 18.810.030.E seem to be considered. Having traffic from live new homes entering onto Fanno Creek Drive will cause traffic issues at the intersections with Hall Boulevard and Bonita Road. It is next to impossible to make a left turn onto either street from Fanno Creek Drive during rush hour. The City needs to consider putting signals at these intersections. RESPONSE: Proposed Rosewood Court is a private street. Private street widths are regulated by the minimum access standards, which is 20 feet for 3 - units with 20 feet of pavement. Dedication is required along Fanno Creek Drive to meet current minim um right -of -way widths for a public local street. All five units will now access onto Hall and Bonita via Fanno Creek Drive. The number of new trips through these two intersections is not significant and does not warrant signals. The applicant's Engineer has estimated pec hour tri ps will be five (5) in the morning and seven (7) in the evening. These totals were estimated by using thelnstitute of Traffic Engineers (ITE) manual. 6) We request that our access to Hall Boulevard not be closed but be used exclusively by our property such as other individual driveways along SW Hall Boulevard. We would be willing to maintain the access drive and put a gate across the access. Will we be responsible for sharing in the cost of maintenance of the new private street Rosewood Court? Keeping this access would eliminate some connection issues. Another concern is what will happen to access during construction. Access to our home needs to be maintained during construction without causing damage to our vehicles. Maintaining the access to Hall Boulevard will allow our address to remain the same. NOTICE OF DEQSION PAGE 11 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • • RESPONSE: The access to Hall Boulevard must be closed. The existing highway approach permit issued by • ODOT requires the access to close when the site is redeveloped. The same requirement was conditioned by the • City of Tigard Hearings Officer through the approval of the Colony Creek Estates 6 subdivision in 1993. Access will be provided for this property throughout construction. A new address will be issued in order for the US Postal Service and emergency services to serve this property efficiently. The comments below were received during the comment period for the revised notice that included the street spacing adjustment request. Mr. Gordan Kunkle sent the following additional comments. 1) The 16" Black Walnut lies within ODOT (right-of-way) and directly under the utility lines. It has been severely cut back over the years and its condition, especially as a street tree, should senously be considered. Has the City Arborist conducted a site inspection to determine the long term health of this particular tree and its appropriateness to the overall city street tree program? RESPONSE: The adjustment to utilize the Black Walnut tree as a street tree has been denied due to the tree's poor condition and location under utility lines as discussed in the Adjustment section of this decision. 2) By shear nature of the proposed intersection it seems hard to imagine that it will conform to local and state street requirements. RESPONSE: The final construction plans will be reviewed in accordance with current City of Tigard Engineering design standards. The access conforms to the land use requirements found in Tigard Development Code 18.705 - Access, Egress and Circulation with the exception of access spacing. The applicant has requested and has been approved for an adjustment to this requirement. 3) Has consideration been given to this potentially hazardous condition created by another intersection in immediate proximity to the school bus stop? RESPONSE: The intersection sight distance is the major safety consideration and the applicant has been conditioned to provide revised plans to staff for review and approval. The applicant is required to address the access /egress safety, not specifically the bus stop location. 4) The footprint of the proposed home on lot 4 appears to encroach onto our easement. We do not intend to give up any portion of our full easement rights. RESPONSE: The footprints shown on the plans are not approved for construction. A condition of approval under the Residential Zoning District section requires the applicant /builder to submit building, site plans for review and approval prior to the issuance of building permits. The proposed homes must be located - outside of any access easement on the site. 5) 'With a development of this scope, is it beneficial to retain all storm water on site? It is my understanding the City of Tigard is prominent in encouraging this as a requisite to development. RESPONSE: The storm water will be detained, but not retained. The storm water must also be treated prior to release to the public storm system. The soils in the Tigard area are not conducive to on -site storm water retention. (18.790). 6) Tree removal has taken place on the proposed development site with stumps still standing. As per 18.790.060 isn't this considered illegal? All but 4 trees are being removed but there has not been a mitigation plan developed. The plan clearly indicates 11 trees, however there are a total of 15 standing trees currently on the site plus the ones to be removed. The plan actually indicates one of the trees that has since been cut down. RESPONSE: Staff has walked the site and compared the applicant's tree plan with the trees on site. One stump was found in the "flag" portion of the site. This tree was shown on the tree plan as tree# 15, and the applicant noted that the tree was already down. Based on the color and condition of the wood, this tree was not removed within the last year. The plan indicates 15 trees, however staff noted three additional trees (spruce) along the rear of proposed lot 2 that appear to be greater than 6 inches but were not shown on the tree plan. The applicant has been conditioned under the Tree Removal section of this decision to revise the tree plan to include all on -site trees. The mitigation and protection plan must also be revised to reflect changes to the tree plan. NOTICE OF DECISION PAGE 12 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • 7) Variance and Adjustments states, that it is not intended to be utilized by an applicant for lots yet to be created. Please clarify then, how this pertains to this development. (18.370). RESPONSE: The applicant has requested two special adjustments. Special adjustments are subject to the review criteria under section 18.370.020.0, which states that an application for adjustment shall be considered with the preliminary plat. This subdivision application is the preliminary plat request. Variances for existing parcels, not going through the subdivision process are subject to the criteria found under 18.370.010. The standards under 18.370.010 do not apply in this case. 8) Also, as a side note, there has not been a neighborhood meeting in the past 6 month period. RESPONSE: Oregon Planning oal 1 directs jurisdictions to involve the community in the land use process. The City requires the applicant to hold a neighborhood meeting. Per the Tigard Development Code (18.390.040) the City is required to provide notification of a pending Type II Administrative Decision. There is no code addressing the time limitations of neighborhood meetings. 9) Requires adequate drainage to prevent flood damage. Just the opposite is true in concern to our garage and basement as indicated by the grading plan. (18.430.020.1) RESPONSE: The grading plans indicates the runoff from the new impervious area of the private street will be collected into the storm system and is not directed to adjacent properties. 10) Based on submitted information it seems that 1 years has passed since the date of approval of the original plat (18.430.030.C). RESPONSE: The review currently underway is the review of the preliminary plat. The 11/2 year period will begin upon the issuance of an approval. No decision has been issued by the City at this time; therefore the approval penod of 11/2 years has not 11) Also noted is the "Expiration of Consulting Engineers State of Oregon Licensure" with expiration date of 12/31/2007 RESPONSE: There is no requirement for plans submitted with the subdivision application to be stamped by a licensed engineer. Construction documents reviewed through the Public Facility Improvement Permit process must be stamped by a licensed engineer and the stamp must be current. 12) Surveyor's documentation and site monuments have not been produced or placed on site (18.430.070.B.10). RESPONSE: Construction staking will be provided once plans are approved and permits are issued. 13) Plans fail to recognize stand of trees along North side of proposed access road (Rosewood Court). Based on curb requirements, the existing trees health is sure to be compromised due to significant root damage caused by the necessary excavation. RESPONSE: Trees along the north side of the proposed private street (Rosewood Court) are shown on the tree plan (C7). These trees are on a neighboring property and must be protected during construction. A condition of approval under the Tree Removal section of this decision will ensure the applicant submits a revised protection plan, approved by the Project Arborist, to meet this requirement. 14) Obvious cause or increase to existing traffic conditions promoting a hazardous situation will be created. (18.705.030.G.1. a -c) RESPONSE: There will now be five homes utilizing the proposed private street to access Fanno Creek Drive, which add approximately 50 trips per day to the existing roadway system. This is not considered as promoting a hazardous situation which warrants a traffic study. 15) Access for emergency vehicles does not conform to Uniform Fire Code. NOTICE OF DEQSION PAGE 13 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION 411 RESPONSE: The plans have been reviewed by Tualatin Valley Fire and Rescue. The Fire Marshal's comments are in cluded with this decision. Because the homes are being sprinkled, the fire turnaround can be modified. The Fire Marshal has not indicated an issue with access to the homes for fire - fighting apparatuses. 16) Intersection will cause hazardous conditions with clear and present danger. RESPONSE: The applicant is required to provide a revised plan to the City Engineering Division for review and approval with improvements to sight distance and traffic calming. These plans must be approved prior to any construction and site work. 17) (The access) does not conform to all three Uniform Fire Code requirements. RESPONSE: The proposed private street (Rosewood Court) exceeds 150 feet and is therefore required to have provisions for the turninaround of fire apparatus by either a circular, paved surface having a minimum radius of 35 feet or a hammerhead paved surface with each leg having a depth of 40 feet and minimum width of 20 feet. The maximum cross slope of the turnaround is 5%. The applicant has proposed a hammerhead turnaround. The minimum width of 20 feet is met. The steepest proposed cross slope is roughly 3.2 percent, but the proposed depth is only 36 on the north -south leg of the turnaround. A condition under the Access /Egress /Circulation section of this decision will ensure this standard is met. 18) Traffic waiting to turn in due to vehicle exiting and with the S curve of Fanno Creek, this is clearly creating a hazardous situation especially with a school bus stop directly opposite. RESPONSE: The improvements that will be required of the applicant to traffic calming and sight distance will also reduce speeds; thereby reduce issues with turning movements. These improvements may incl curb bumpouts, speed humps, signage, and /or striping. 19) How many vehicles will be allowed at each proposed residence, including RV's, boats, trailers etc.? This needs to be addressed as this has a direct impact on all of the developments requirements for safety. It seems clear that a 2 car maximum per home and zero on street parking is the only allowable criteria. RESPONSE: The City does not regulate the number of vehicles allowed at each residence. The Tigard Development Code requires one off - street parking space for each single-family residence. The applicant will provide four for each residence (two in the garage and two in the driveway. No parking is allowed on the proposed private. street. 20) Current plans do not address this Code requirement. Significant loss of privacy will be incurred due to development. Request for detailed landscape and screening plan for neighbors review prior to any final approvals. RESPONSE: There is no requirement for the applicant to provide buffering or screening between the site and adjacent properties. A landscape plan is not required. Street trees are required along the private street. 21) Visual clearance is not per Code requirement and due to S turn coming into the proximity of the proposed Rosewood Court intersection, the visibility is far below the requirement, creating a hazardous situation. RESPONSE: The visual clearance standards are not met. Currently there is vegetation within the visual clearance area. A condition of approval under the Visual Clearance section of this decision will ensure the requirements are met. 22) Traffic Calming Devices and Traffic Study requirement per citied Code requirement. Has this been addressed and if so are results available for review. 23) Again, has a traffic flow plan been submitted and approved and if so by who, when, and was an actual onsite survey conducted to document actual site line distances and visual limitations? RESPONSE: The applicant must submit proposed mitigation for site distance deficiencies to the Engineering Division for review and approval. This is a condition of approval and is required prior to issuance of any City permits. 24) Location, width and grade does not conform as there is a substantial gradient at the proposed intersection. NOTICE OF DEQSION PAGE 14 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION RESPONSE: The final design for construction of the private street has not been submitted and reviewed for accuracy and compliance with standards. 25) What happens to 13990 SW Hall's mail delivery? Are we required to now utilize the new proposed developments mail box which the location is not known and could be on Fanno Creek? RESPONSE: The mail box will be part of a group box that will be placed on Fanno Creek Drive. A new address will be issued for 13990 SW Hall changing it to an appropriate Fanno Creek Drive address. This is especially important for emergency services to know that access is from Fanno Creek Drive. Contact Bethany Stewart, 503- 718 -2459, with questions about the new address assignment. 26) Street lighting is not indicated on the plan either. This needs to be addressed, especially as . the light pollution generated will have an adverse effect on our immediate current environment. Improper street fighting will impact our master bedroom and main living areas. RESPONSE: Street lighting will be addressed on the construction documents. Contact the Engineering Department once the plans have been submitted to review the layout. Mrs. June Gaddie sent in an e -mail with the following comments. "This is the third revised notice we've received about this subdivision, which makes me wary about approving these adjustments. As I understand these lots may be smaller than code, the street is shorter and I have no understanding of the ramifications of utilizing an existing black walnut tree as a street tree. Something doesn't sound quite right to me and makes me wonder about the impact of the extra traffic." RESPONSE: The City has mailed two revised notices. The first revision was to correct the zoning cited on the Notice. Staff mistakenly showed the site zoned R-4.5, when actually the site is zoned R -7. The second revised notice was to include a request for an adjustment to the access spacing tandards. Adjustments must be requested at the time of the subdivision application; therefore the applicant could not submit a separate application at a later date for the adjustment. The proposed lots are between 5,096 and 9,233 square feet. The minimum lot size of the R-7 zone is 5,000 square feet. All four lots meet this requirement. The adjustment to utilize the Black Walnut as a street tree has been denied. Detailed findings are found under the Adjustments section of this decision. There is no minimum street length. The proposed private street is 20 feet wide, which meets the access requirement standards found in Table 18.705.1 of the Tigard Development Code. Subdivisions are permitted to provide private streets if proposing 6 units or less. There will be a total of five units utilizing the new private street to access onto Fanno Creek Dnve. Each unit will create an estimated 10 vehicle trips per day. That means there will be approximately 50 new daily vehicle trips on Fanno Creek Drive. Based on the Engineer's Access Management Report, the peak hour trips will be five (5) m the morning and seven (7) in the afternoon. SECTION V. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this decision are as follows: A. Subdivision 18.430 B. Applicable Development Code Sections 18.370 Variances and Adjustments) 18.510 ' esidential Zoning istracts) 18.705 Access, Egress an Circulation) 18.715 P ensity Computation) 18.725 nvironmental Performance Standards) 18.745 andscapin g and Screening) 18.765 Off - Street Parking and Loading Requirements) 18.780 Signs 18.790 ree Removal) 18.795 ision Clearance) C. Street and Utility Improvement 18.810 (Street and Utility Improvement Standards) D. Decision Making Procedures 18.390 (Impact Study) NOTICE OF DEQSION PAGE 15 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • • . The proposal contains no elements related to the rovisions of these Specific Development Standard Code Chapters: 18.710 (Accessory Residential Units), 18.740 (Historic Overla , 18.742 (Home Occupations), 18.750 Manufactured /Mobile Home Regulations), 18.755 (Mixed Solid Waste & Recyclable Storage) 18.760 onconforming Situations), 18.775 (Sensitive Lands), 18.785 (Temporary Uses), and 18.798- (Wireless mmunication Facilities). These chapters are, therefore, found to be inapplicable as approval standards. SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A - SUBDIVISION GENERAL PROVISIONS: Approval through two -step process. An application for a subdivision shall be processed through a two - step process: the preliminary plat and the final plat. . The preliminary plat shall be approved by the Approval Authority before the final plat can be submitted for approval consideration; and . The final plat shall reflect all conditions of approval of the preliminary plat. The applicant has submitted a preliminary plat for approval consideration. Final plat review will occur after the decision is final. Compliance with ORS Chapter 92. All subdivision proposals shall be in conformity with all state regulations set forth in ORS Chapter 92, Subdivisions and Partitions. The applicant is responsible for ensuring that the plat satisfies any requirements of Oregon Revised Statutes (ORS) Chapter 92 beyond what is already required in the Tigard Development Code. Such conformance is assured through Washington County's plat review. Future Re- Division. When subdividing tracts into large lots, the Approval Authority shall require that the lots be of such size and shape as to facilitate future re- division in accordance with the requirements of the zoning district and this title. As proposed the largest parcel is 9,223 square feet. The minimum lot size of the R-7 zoning district is 5,000 square feet. Therefore, none oI the proposed parcels are large enough to be re- divided in the future. This standard has been met. 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. Lot size averaging is not utilized with this proposal. The smallest lot is 5,095, which exceeds the minimum lot size (5,000 square f eet). Temporary sales office. Temporary sales offices in conjunction with any subdivision may be granted as set forth in Chapter 18.785, Temporary Uses. The applicant has not proposed a temporary sales office with this application. Minimize flood damage. All subdivision proposals shall be consistent with the need to minimize flood damage. Due to the topography of the site, storm water is anticipated to leave the site and not cause flooding. Storm drainage facilities will be reviewed by Clean Water Services and also by the City for conformance with design and construction standards. NOTICE OF DEQSION PAGE 16 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION Flood lain dedications. Where land filling and /or development is allowed within and adjacent to the 100 - year floodplain outside the zero -foot rise floodway, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian /bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. The site is not within nor adjacent to the 100 -year floodplain. The nearest floodplain is approximately 350 feet to the northeast surrounding Fanno Creek The elevation of the nearest floodplain is 140 feet. The lowest elevation of the proposed subdivision is 161 feet. This standard is not applicable. Need for adequate utilities. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. There are no flood hazards identified for this site. Therefore, this standard does not apply. Need for adequate drainage. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and Drainage and storm water detention facilities are discussed in greater detail under the Street and Utility Improvement section. Determination of base flood elevation. Where base flood elevation has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less). The proposed subdivision is for 4 lots and the subject site is .75 acres. The subject property is not within the 100 - year loodplain. The FEMA Floodplain map indicates that the subject site is within Zone X (area that is determined to be outside the 100- and 500 -year floodplains). Therefore, this standard does not apply. Section 18.430.030 (E) describes the approval process for Phased Developments. The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be reater than two years without re- applying for a preliminary plat. The criteria for approving a phased site development review proposal are: The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. The applicant has not proposed a phased development. Therefore, this standard does not apply. The Approval Authority may approve, approve with conditions or deny a preliminary plat based on the following approval criteria: The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations; Compliance with the specific regulations and standards of the zoning ordinance will be addressed further within this decision. • The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; The project is currently known as the Rosewood Court subdivision. It is unknown if this name has been approved by the Washington County surveyor's office or if the name is reserved for this property. A plat reservation form was not submitted with the application. This criterion can be met as conditioned below. NOTICE OF DEQSION PAGE 17 OF 39 SUB200S -00001 ROSEWOOD COURT SUBDIVISION • The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern; and This will be discussed in greater detail under Tigard Development Code (TDC) Chapter 18.705, Access and Chapter 18.810, Street and Utility Improvement Standards. An explanation has been provided for all common improvements. The applicant's narrative provides the necessary explanation for all common improvements. Section 18.430.060A. authorizes the granting of adjustments for subdivisions in accordance with 18.430.050, provided that the application shall be made with a preliminary plat application with the criteria for granting such adjustments are contained in Section 18.370.020 C1. The applicant has requested two adjustments with this application. One is to the landscape standards to allow an existing Black Walnut tree to be utilized as a street tree along Hall Boulevard. The second adjustment is to the access spacing standards along a local street. The adjustments are discussed under the Variances and Adjustments section of this decision. Therefore, this standard has adjustments met. FINDING: The Subdivision standards have not been fully met but can be as conditioned below. CONDITION: Prior to final plat the applicant shall submit an approved copy of the Washington County plat name reservation form for Rosewood Court. B- APPLICABLE TIGARD DEVELOPMENT CODE SECTIONS Variances and Adjustments (18.370) Section 18.705.020.C.5 states that in all zoning districts where access and egress drives cannot be readily designed to conform to Code standards within a particular parcel, access with an adjoining property shall be considered. If access in conjunction with another parcel cannot reasonably be achieved, the Director may grant an adjustment to the access requirements of Chapter 18.705 through a Type II procedure, as governed in Section 18.390.030, using the following approval criteria: • It is not possible to share access; • There are no other alternative access points on the street in question or from another street; • The access separation requirements cannot be met; • The request is the minimum adjustment required to provide adequate access; • The approved access or access approved with conditions will result in a safe access; and • The visual clearance requirements of Chapter 18.795 will be met. Due to the site's proximity to existing streets along Fanno Creek Drive, the applicant cannot meet the spacing standard of 125 feet between streets along a local street. An adjustment is being requested. The applicant has proposed a private street onto Fanno Creek Drive. The proposed location is dictated by the flag portion of the site that fronts onto Fanno Creek Drive. This flag is 30 feet wide and sits between lots developed with single - family homes. The home to the south is accessed by a private driveway. Homes to the north have access to Fanno Creek Drive via a rivate street SW Merlyne Court. Access onto this private street is restricted to only the homes approved through the Finley Park subdivision. The site has an existing driveway onto Hall Boulevard, an Oregon Department of Transportation (ODOT) facility. The existing approach permit issued by ODOT requires the property owner to close the access when the parcel is redeveloped; therefore the driveway will be closed. The applicant states that the adjustment requested is 27.6 feet, but the distance is actually 110 feet. The spacing is measured between streets and not streets and driveways. The applicant was measuring to the closest drive and not the closest street. The reduction from 125 to 102 is the muumum necessary. A sight distance certification was prepared by the applicants Engineer. Sight distance is met to the south but not the north on Fanno Creek Drive. Based on the site plan, there appears to be a hedge and fence within the vision clearance area on the north side of the private street. A condition of approval will ensure that sight distance and the visual clearance standards can be met prior to issuance of construction permits. NOTICE OF DECISION PAGE 18 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION lk 1 There is no access point along the site's Fanno Creek Drive frontage that meets the spacing standard. Shared access or access from another street is not possible. The applicant has been conditioned to meet sight distance and visual clearance standards. The access spacing adjustment is approved with conditions. • Terminates that access upon development Section 18.370.020.C.6.a. states that the Director shall approve, approve with conditions, or deny by means of a Type I rocedure, an adjustment to use existing trees as street trees, providing there has been no cutting and filling around the tree during construction which may lead to its foss, unless the following can be demonstrated: • The ground within the drip -line is altered merely for drainage purposes; and • It can be shown that the cut or fill will not damage the roots and will not cause the tree to die. The applicant is requesting to utilize an existing Black Walnut (juglans nigra) as a street tree along Hall Boulevard. While there is no grading proposed in the black walnut tree's (tree # 3) dnphne, the City Arbonst recommends denying the adjustment. The arbonst report indicates that the tree is in poor condition, and Portland General Electnc would like the tree removed due to utility conflicts. This tree may be exempted from mitigation calculations because it is off site. FINDING: The adjustment to allow an existing tree (tree # 3) to be utilized as a street tree is denied due to condition of the tree and location near utility lines. Residential Zoning Districts (18.510) Lists the description of the residential Zoning District. The site is located in the R-7: Medium Density residential zoning district. The R-7 zoning district has the following dimensional requirements: STANDARD R-7 Minimum Lot Size Detached unit 5,000 sq. ft. Average Minimum Lot Width 50 ft. Maximum Lot Coverage 80% Minimum Setbacks Front yard 15 ft. Side facing street on corner & through lots 10 ft. Side yard 5 ft. Rear yard 15 ft. Distance between property line and front of garage 20 ft. Maximum Height 35 ft. Minimum Landscape Requirement 20% The proposed lots range in size between 5,095 and 9,233 square feet. Proposed lot 4 is the largest of these, and there is an existmg access easement across a portion of this site to Hall Boulevard for tax lot 701. Based on the definition found in TIC 18.120, lot area is the total horizontal area within the lot lines of a lot exclusive of access easements to other property. The area of lot 4 likely meets the minimum required 5,000 square feet, but the applicant has not shown this to be true. The area set aside for the existing access easement to Hall Boulevard must be subtracted from the area of lot 4. The applicant must provide building site plans that show proposed homes outside of the existing access easement if the easement is not relinquished. The applicant must also submit a building site plan for lot 4 that also meets the standards for buffering along arterial streets on a through lot. Specifics regarding this standard and the condition of approval are found under the Street and Utility Improvement Standards section of this decision. The R-7 zone has an average minimum lot width of 50 feet. All four lots meet this requirement. Setbacks and building height are reviewed during the building permit phase for compliance. Conditions of approval will ensure that the development standards are completely met. FINDING: Based on the analysis above, the residential zoning district dimensional standards can be satisfied conditionally. NOTICE OF DEQSION PAGE 19 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • CONDITIONS: • Prior to issuance of building permits, the applicant shall demonstrate that the minimum setbacks and height maximum required in the base zone (R-7) have been met and that the proposed homes will not be within the existing access easement to Hall Boulevard. • Prior to final plat the applicant shall submit evidence that shows the average minimum lot size of 5,000 square feet is met excluding the area within the existing access easement for tax lot 701. Access, Egress and Circulation (18.705): 18.705.030 (C). describes joint access provisions. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: • Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and • Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. No joint accesses are proposed. Each lot will have individual access onto SW Rosewood Court, the proposed private street. A conditon of approval will ensure lots 1 - and tax lot 701 have access rights to and maintenance responsibility for the private street. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. All lots will directly access a new private street (Tract A). This street provides access to Fanno Creek Drive, a public street. Required walkway location. On -site pedestrian walkways shall comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to Lie streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructe between new and existing developments and neighboring developments; Within all attached housing (except two- family dwellings) and multi - family developments, each residential dwelling shall be connected by walkway to the vehicular parking area, and common open space and recreation facilities; Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6 -inch vertical separation (curbed) or a minimum 3 -foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick etc. Walkways may be required to be lighted and /or signed as needed for safety purposes. Soft-surfaced use pathways may be provided onily if such pathways are provided in addition to required pathways. This proposal is for a single - family development, this standard does not apply. Curb cuts shall be in accordance with Section 18.810.030N. 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: NOTICE OF DEQSION PAGE 20 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION 1 • Would cause or increase existing hazardous traffic conditions; or • Would provide inadequate access for emergency vehicles; or • Would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. The lots within this subdivision will access SW Fanno Creek Drive. Tualatin Valley Fire and Rescue and Tigard Police have been notified of the proposed subdivision and have not indicated a hazard. A preliminary sight distance certificate has been provided. Because the sight distance requirements have not been fully met for the proposed access, staff has conditioned the applicant to show how sight distance and visual clearance re uirments can be satisfied. In addition the applicant is required to install traffic calming devices along Fanno CreekDnve to provide safe access /egress for the devleopment. The Director has determined that Planiung Commission review is not necessary for building permits. Therefore, this standard has been satisfied. Direct individual access to arterial or collector streets from single- family dwellings and duplex lots shall be discouraged. Direct access to collector or arterial streets shall be considered only if there is no practical alternative way to access the site. If direct access is permitted by the City, the applicant will be required to mitigate for any safety or neighborhood traffic management (NTM) impacts deemed applicable by the Ci n ineer. This may include, but will not be limited to, the construction of a vehicle turnaround on the site to eliminate the need for a vehicle to back out onto the roadway. The site currently has access onto SW Hall Boulevard, an arterial. This access will be dosed, and access to the new units will be from SW Fanno Creek Drive. Hall Boulevard is a state highway regluated byyOregeon Department of Transportation (ODOT). Comments received from ODOT states that the existing highway approach ermit requires the property owner to close the access to Hall when the parcel is redeveloped. No single - family lot will have direct access to a major collector or arterial. This standard has been satisfied. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Single - family and duplex dwellings are exempt from this requirement. The proposed single - family development is exempt from this requirement. Access Management (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The developer's engineer, Vic Accomando, submitted an Access Management Report, dated January 4, 2008, for this development. Included in the report was a preliminary sight distance certification. The engineer states that the stopping sight distance is required for safe operation of a driveway of private street intersection, allowing for oncoming drivers adequate sight distance to react with vehicles entering the public street at the access location. The proposed access for this development is located adjacent to the site's north property line onto SW Fanno Creek Drive. The speed limit along Fanno Creek Drive, a local street, is 25 mph. Stopping sight distance for a speed of 25 mph is 150 feet in each direction. Sight distance from the proposed access was measured to be 270 feet to the south along Fanno Creek Drive. This distance meets the standard. Sight distance from the proposed access was measured to be 94 feet to the north, which is deficient. However, the muumum centerline radius of 166 feet was not used in design of the reverse -curve portion of Fanno Creek Drive. Rather, a non - standard 100 -foot radius curve was constructed, which has a maximum safe speed of 20 mph, requiring a stopping sight distance of .107 feet. The measured sight distance of 94 feet is still deficient. While this access point would not have adequate sight distance in its current configuration, it appears that through a combination of curb extensions, parking restrictions, and traffic calming, the applicant would be able to provide adequate sight distance. NOTICE OF DECISION PAGE 21 OF 40 SUB2008 -00001 ROSEWOOD ODURT SUBDIVISION • Therefore, as a condition of approval, the applicant shall design, obtain city approval of, and construct curb extensions, parking restrictions, and traffic calming features (which may include roadway geometric revisions) on Fanno Creek Drive in order to provide adequate sight distance from the proposed access from the subject property to Fanno Creek Drive. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. Hall Boulevard is designated as an Arterial on the City's TSP and is an ODOT facility. SW McDonald Street is designated as a Collector on the City's TSP. This property and 13990 SW Hall Boulevard currently access this intersection via a private driveway. However, with the subdivision of the subject property this access will be eliminated and.a new private street will be constructed to access Fanno Creek Drive. The pnvate street will provide access for the 4 proposed homes of this subdivision and for 13990 SW Hall Boulevard. Therefore, no driveways will be impacting the influence area of the arterial/collector Intersection of Hall Boulevard and McDonald Street. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. The proposed private street is considered a local street. This proposed private street is located directly across from Char Court, but is only 102 feet from DeeAnn Court. This does not meet the spacing standard for a local street along a local street. The applicant applied for an access spacing adjustment. The adjustment has been conditionally approved and details are found under the Adjustments and Vanances section of this decision. Minimum access requirements for residential use. Vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual lots and multi-family residential uses shall not be less than as provided in Table 18.75.1 and Table 18.705.2; y The access and egress into the site itself is discussed later in this decision under the Street and Utility Improvements Standards section of this decision. Access to individual lots will be reviewed for compliance dunng the building permit phase. Vehicular access to multi - family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; No multi- family structures are proposed with this application. Therefore, this standard does not apply. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code; There are no residential access drives apart from typical driveways proposed with this project. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: • A circular, aved surface having a minimum turn radius measured from center point to outside edge of 35 feet; • 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 %. NOTICE OF DECISION PAGE 22 OF 40 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION The proposed private street is over 150 feet in length. A turnaround is proposed. John Dalby Fire Marshal with Tualatin Valley Fire and Rescue, sent comments that current fire access requirements can �e modified if the applicant installs automatic sprinkler systems in the homes. The applicant states m the narrative that the owners will provide the sprinkler systems. Regardless, the applicant must meet the standards outlined in the TDC. The code does not provide the applicant a means to modify the standards, even if allowed by the Fire Marshal. These standards may or may not meet current Fire Code requirements. As proposed the turnaround meets the minimum width and maximum cross slope standards but not the minimum depth standard. The north -south leg of the turnaround is approximately 36 feet deep. A condition of approval will ensure this standard is 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 driveways that will exceed 200 feet in length. Therefore, this standard does not apply. Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site. This standard is not applicable as there are no driveway approaches to arterial or collector streets. FINDING: Based on the analysis above, the Access, Egress and Circulation standards can be met as conditioned below. CONDITIONS: • Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street(s). The applicant shall submit a copy of the CC&R's to the Engineering Department (Kim McMillan) pnor to approval of the finar plat. • Prior to site work the applicant shall submit a revised site plan that shows each leg of the proposed turnaround meets the minimum depth standard of 40 feet. Density Computations and Limitations (18.715): Density Calculation (18.715.020): 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. 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. 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 net development area is determined by subtracting from the gross area the land needed for public street dedication (2 feet along Fanno Creek Drive) and the proposed private street. The minimum lot size of 7,500 square feet is used to calculate density. The applicant's narrative included the following calculation. NOTICE OF DEQSION PAGE 23 OF 40 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION 1111' • GROSS LOT AREA 37,012 square feet Less Street Dedications 60 square feet Less Private Street Area 10,915 square feet NET DEVELOPABLE AREA 26,037 square feet Maximum number of units: 26,037 square feet /5,000 square feet /lot = 5.20 units Minimum number of units: 5.20 x 0.8 = 4.16 or 4 units FINDING: In the R -7 zone, as shown above, the maximum number of residential lots allowed by the underlying zone is 5 units on the property. The minimum number of units under the base zone is 4. The applicant has proposed a 4 -lot subdivision and is therefore consistent with the underlying density standards of the R-7 zone. Environmental Performance Standards (18.725): These standards require 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 (IP) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340 -21 -015 and 340 -28 -070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discemible 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. This is a detached single - family project, which is permitted within the R-7 zone. There is nothing to indicate that these standards will not be met. However, ongoing maintenance to meet these standards shall be maintained and any violation of these standards will be addressed by the City of Tigard's' Code Enforcement Officer. FINDING: The Environmental Performance standards are met. Landscaping and Screening (18.745): 18.745.030.C, Installation Requirements The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines, as well as the standards set forth in the American Institute of Architects' Architectural Graphic Standards 10th edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. NOTICE OF DEQSION PAGE 24 OF 40 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION 1 2. The lant material shall be of hi h ggrade, and shall meet the size and ggradin standards of the American Standards for Nurbe Stock (ANSI Z - 60, 1 - 1986, and any other future re visions); ; and 3. Landscaping shall be installed in accordance with the provisions of this title. Certificate of Occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. Protection of Existing Landscaping. Existing vegetation on a site shall be protected as much as possible: 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 2. The plants to be saved shall be noted on the landscape plans (e.g. areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees). All trees to be preserved shall be protected with five or six (5' - 6') foot high chain link fences. Fences are to be mounted on two inch diameter galvanized iron posts, driven into the ground to a depth of at least 2 -feet at no more than 10 -foot spacing. The apphcant shall position fencing as directed by the project arbonst to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and /or civil citations can be processed. Any tree that is located on property adjacent to the construction project that will be significantly impacted by construction activities shall be afforded the same protections as onsite trees. This includes the trees located in the southeast corner of tax lot 1700 and the northeast corner of tax lot 15100. Tree protection is discussed further under section the Tree Removal section of this decision. 18.745.040, Street Trees Street tree planting list. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director. This requirement has not been met. The applicant has proposed five, Pacific Dogwood (Cornus nuttallii) along the pproposed private street. Five, American Hornbeam (Carpmus betulus) are proposed along Hall Boulevard. The City Arborist has reviewed the street tree plan and notes that there appears to be room to plant three (3) additional trees along the hammerhead portion Rosewood Court. Because the existing Black Walnut has not been approved as a street tree for Hall Boulevard, the applicant can install an additional two trees in that location. A revised street tree plan is being conditioned to ensure the spacing requirements are met. It is acceptable for the applicant to include a note on their street tree plans that slight variations in placement may be required due to driveways, utilities, etc., but every attempt will be made to keep the same net number of street trees that are shown on the plans. Section 18.745.050 contains the provisions and requirements for buffering and screening. This requirement is not applicable to this project. Section 18.745.060 contains the provisions for re- vegetation where natural vegetation has been removed through grading. Such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. The applicant has provided a grading plan which outlines erosion control measures. These measures will be reviewed in more detail prior to issuance of site work permits. Note # 24 on the plans states that areas exposed to cut and fill shall be replanted with a lawn grass seed mix of Dwarf Perennial Rhyegrass at an application rate of four (4) pounds per 1,000 square feet. This standard is met. FINDING: The Landscaping and Screening standards will be met, if the applicant complies with the condition below. NOTICE OF DEQSION PAGE 25 OF 40 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION CONDITION: Prior to commencing site work, the applicant shall submit a revised site plan that indicates the type and location of proposed street trees along the p I ublic street (SW -all Boulevard) and the pnvate street (Rosewood Court - Tract A) for the City Arborist's review and approval. Spacing of such trees shall be in accordance with Section 18.745.040.C2.0 of the Tigard Development Code. Off -Street Parking and Loading Requirements (18.765): 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. The proposed project will create 4 lots for single-family dwellings. 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. The applicant stated within the narrative that four spaces will be provided for each unit (two spaces in each garage and two spaces in each driveway). FINDING: The Off- Street Parking and Loading standards are met. Signs (18.780): Chapter 18.780 regulates the placement, number and design criteria for signage. No signage is proposed in conjunction with this development. Any future signage will be subject to the sign permit requirements in Chapter 18.780. There has been a proliferation of sign violations from new subdivisions. In accordance with a staff policy, all new subdivisions must enter into a sign compliance agreement to facilitate a more expeditious court process for citations. FINDING: To expedite enforcement of sign violations, a sign compliance agreement will be required. CONDITION: Prior to the issuance of building permits, the developer shall sign a copy of the City's sign compliance agreement. Tree Removal (18.790): Chapter 18.790.030 requires the submittal of a tree plan that identifies the location size and species of all trees on the site, a program to save existing trees over 12 -inch diameter at breast height (dbh) or mitigate for their removal identification of trees to be removed, and a protection program de fining standards and methods that will be used by the applicant to protect trees during and after construction. As required for subdivisions, the applicant submitted a tree plan conducted by David Hunter, a certified arborist. However, the report does not contain the four required components. (See comments below for details). Plan requirements. The tree plan shall include the following: Identification of the location, size and species of all existing trees including trees designated as significant by the city; The Arborist Report identified the location, size, species, and condition of most existing trees. A site visit by staff revealed three additional spruce trees reater than 6 inches that were not identified on the plan or arborist report. This requirement is not fully met; therefore the applicant is conditioned to revise the tree plan accordingly. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existin trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. NOTICE OF DEQSION PAGE 26 OF 40 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • • Based on the arborist's Tree Assessment, there are a total of 4 non - hazardous trees on site reater than 12 inches which are subject to mitigation (trees # 2, 4, 5 & 8). The applicant has proposed retaining 1 of 4 trees. The proposed retention of 25% of non - hazardous trees over 12" DBH requires that two- thirds of those diameter inches removed are mitigated in accordance with Section 18.790.060D. Therefore, the applicant must replace 67% of the 142 inches removed, or 95 inches. These numbers may change slightly if the tree plan is revised to include three spruce trees along the southern boundary of the site. Mitigation can be accomplished by either planting 95 caliper inches worth of trees, paying $11,892 (142 inches removed x $125 /inch, tree replacement fee x 67 %), or anycombination thereof. If mitigation planting is proposed the plan must have a signature of approval from the project arborist certifying that it meets the requirements o? 18.790.060D and that the species and placement of mitigation trees has been reasonably calculated to provide for their growth to maturity. The applicant's narrative and tree inventory plan state that tree # 8 is hazardous and is excluded from the tree inventory because a 1 h ton lower branch fell in September of 2007 and an additional branch fell in June 2008. Falling branches does not necessarily constitute a hazardous tree. The Project Arborist, David Hunter, conducted his site inspection prior to these branches falling. Tree # 8 is subject to mitigation unless the Project Arborist deems it to be hazardous. Identification of all trees which are proposed to be removed; This requirement is not completely met. The applicant must show if removal is proposed for the three additional spruce trees found on the southern portion of the site. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The guidelines for tree protection have been defined within the Arborist Report. The location of fencing is shown on the Tree Preservation Plan (C7), but protection is not shown for trees on neighboring properties or three spruce trees which may be on -site. The project arborist must provide a revised protection plan showing all on -site and neighboring trees protection during construction, after construction tree protection specifications, and address appropriate landscape materials and methods used around preserved trees. The after construction protection plan can be included directly on the tree protection plan. Section 18.790.040 states that any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form o! this deed restriction shall be subject to approval by the Director. Retained trees must be protected and removal of these trees is restricted. A condition of approval will ensure that this standard is met. FINDING: Based on the analysis above, the Tree Removal standards will be met, if the applicant complies with the conditions listed below: CONDITIONS: Tree Plan Prior to site work the applicant shall submit a revised tree plan prepared by a Certified Arborist that identifies all trees greater than 6 inches located on parcels 200 and 201. The arborist shall specifically address three spruce trees located on the southern portion of the site that appear to have been missed in the tree plan submitted with this application. NOTICE OF DEQSION PAGE 27 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • • Tree Protection • Prior to site work the applicant shall submit to the City Arborist for review and approval a revised protection plan that indicates protection for all on -site and neighbonng trees during construction and tree protection specifications after construction. The Project Arborist shall also generally address appropriate landscape materials and methods around preserved trees. The plan shall include the signature of the Project Arbonst. • Prior to site work, the applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to venfy that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and /or civil citations can be processed. • If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal shall be reviewed and approved by the City Arborist before proposed work can proceed within a tree protection zone. The City Arbonst may require changes prior to approval. The project arborist shall be on site while work is occurring within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantly impact the health and /or stability of the trees. This note shall be included on the Tree Protection Plan. • The applicant shall have an on -going responsibility to ensure that the Project Arbonst has submitted written reports to the City Amorist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone ('I'PZ) fencing installation through the building construction hases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced, then the Project Arborist shall certify that the construction activities did not adversely impact the overall, long- term health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub - contractor, the City can stop work on the project until an inspection can be done by the City Arbonst and the Project Arbonst. • Prior to issuance of building permits, the applicant shall submit a building site plan to the building division indicating the locations of trees that were preserved on the lot during site development. In addition, the plans shall include accurate locations of tree canopy driphnes and protection fencing, and a signature of approval from the project arborist regarding the placement and construction techniques to be employed in building the structures. All proposed protection fencing shall be installed and . inspected prior to commencing construction. The fencing shall remain in place through the duration of all of the building construction phases, until the Certificate of Occupancy has been approved. • Prior to final building inspection for each lot, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees and that the street trees were properly planted per the approved street tree plan. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. • Prior to issuance final building inspection, the applicant /owner shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered - invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. NOTICE OF DECISION PAGE 28 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • Mitigation Prior to issuance of building permits or tree planting, whichever is first, the applicant shall submit a mitigation plan that meets the requirements of TDC 18.790. The mitigation is currently calculated at 95 tree inches. The amount of required mitigation may change once a revised tree plan is approved by the City. The mitigation lan shall be submitted to the City Arborist for review and approval. The number of inches subject to mitigation may be reduced if a revised tree protection plan is approved to retain additional trees. Estimated mitigation can be accomplished by either planting 95 caliper inches worth of trees, paying $11,875 (95 inches x $125 per caliper inch) or any combination thereof. If a nutlgation planting proposal is submitted, it needs to have a signature of approval from the project arbonst certifying that it meets the requirements of 18.790.060D and that the species and placement of mitigation trees has been reasonably calculated to provide for their growth to maturity. The mitigation proposal shall show the species, location, and spacing of mitigation trees in relation to buildings, infrastructure, existing trees, street trees, and each other. Prior to site work, the applicant shall submit a cash assurance (letter of credit or cash deposit) for the equivalent value of mitigation required. Mitigation is calculated at $125.00 per caliper inch and is currently estimated to be 95 inches (95 inches x $125 _ $11,875. Any trees successfully planted on or off -site accordance with an approved -free Mitigation Plan and "I'L)C 18.790.060.D, will m be credited against the assurance two years after all of the trees are planted per the approved Tree Mitigation Plan. After the trees are planted, the, project arborist shall submit a letter to the City Arborist to certify that all of the mitigation trees were properly planted per the approved Tree Mitigation Plan in order to set the starting point of the two year tree establishment penod. After the two year establishment period, the applicant shall provide a re- inventory of the mitigation trees conducted by a certified arbonst in order to document mitigation tree survival and compliance with the approved Tree Mitigation Plan. The remaining value of caliper inches not successfully mitigated shall be paid as a fee in -lieu of planting from the original cash assurance. 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. Vision clearance areas are shown on the proposed site plan. The plans indicate a fence and a hedge are within the clear vision area to the north. The applicant states within the narrative that there is a fence within the visual clearance area to the north of the access which will be modified to three feet. Lowering the fence will not ensure the requirements are met. The fence and hedge to the north are at a higher grade than the curb. The top of curb is from where the three feet is measured. The code states that where the crest of a hill or vertical curve conditions contribute to the obstrction of clear vision areas, the fence, hedge, etc. shall be further reduced in height or eliminated to comply with the intent of the clear vision area. A site visit confirmed that the fence and several arborvitaes are within the clear vision area. These obstructions must be eliminated and the vision clearance requirements met prior to final plat approval. A condition of approval will ensure this standard is met. FINDING: The proposed vision clearance standards are not completely met. CONDITI Prior to final plat the applicant shall submit an as-built drawing that shows the vision clearance requirements are met. In addition, the project planner shall inspect the site to ensure the obstructions are eliminated. C - STREET AND UTILITY IMPROVEMENTS STANDARDS (SECTION 18.810): Street And Utility Improvements Standards (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: NOTICE OF DEQSION PAGE 29 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION s 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 an Arterial street to have a 100 foot right -of -way width and 72 -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 Hall Boulevard, which is classified as an Arterial on the City of Tigard Transportation Plan Map. At present, there is approximately 52 - 70 feet of ROW from centerline, according to the most recent tax assessor map. SW Hall Boulevard is currently partially developed. In order to mitigate the impact from this development, the applicant should construct halt - street improvements according to Figure 18.810.1, 5 -lane Arterial section, as shown in the City's TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a local street to have a 54 foot right -of -way width and 32 -foot paved section. Other improvements required may include on -street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Fanno Creek Drive, which is classified as a local street on the City of Tigard Transportation Plan Map. At present, there is approximately 25 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide 27 feet from centerline. SW Fanno Creek Drive is currently partially developed. In order to mitigate the impact from this development, the applicant should construct half - street improvements according to Figure 18.810.4.A, Local Residential Street, as shown in the City's TDC. 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 barncade 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 by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul -de -sac bulbs shall be constructed for stub streets in excess of 150 feet in length. The applicant did not file a future street plan. However, due to existing development and the location of an Artenal/Collector intersection there are no opportunities to provide future public streets. This development is eliminating private access to Hall Boulevard and redirecting the traffic flow to the lower classification street, Fanno Creek Drive. Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a development abuts or is traversed by an existing or roposed 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; NOTICE OF DEQSION PAGE 30 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • • Screen planting at the rear or side property line to be contained in a non - access 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. No direct access shall be allowed to Hall Boulevard, which is classified as an Arterial, thereby meeting this criterion. The existing driveway apron along Hall Boulevard shall be removed and replaced with curb and sidewalk that meets the ODOT standards. A Permit for work within the ODOT ROW will be required prior to issuance of City permits. The remainder of the existing driveway from Hall Boulevard shall be removed from Lot 4. Private Streets: Section 18.810.030.T states that design standards for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi - family residential developments. The applicant has proposed a private street to serve this 4 lot development and 13990 SW Hall Boulevard. The applicant's plans indicate the n m- um required paved width of 20 feet shall be met. The plans also show "NO PARKING' signs on both sides of the street, which complies with TVFR standards. The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it /them. In addition, the applicant shall record Conditions, Covenants and Restncuons (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private street(s). These CC,&R's shall be reviewed and approved by the City prior to approval of the final plat. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the right -of -way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre- existing development or, • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non - residential blocks in which internal public circulation provides equivalent access. Bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is exempted by B.1 above. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. The current block length is approximately 1,600 feet based on aerial photographs in the City's GIS system. The block is formed by streets and public pedestrian/bike paths. An existing access to Hall Boulevard from this site is being closed due to access spacing standards required along an ODOT facility. Spacing between the two existing bicycle /pedestrian connections tot Tall is approxunately 350 feet. The closest existing pathway is lust over 100 feet north of the site, but can only be reached by walking around neighboring homes. If possible, the applicant should modify the existing easement to allow bike and pedestrian access from the site to Hall Boulevard and leave a portion of the existing pavement for the pathway. 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 tunes the minimum lot size of the applicable zoning district. NOTICE OF DEQSION PAGE 31 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • • Based on the standard above, none of the proposed parcel depths can be more than 2.5 times the average lot width unless they are less than 1.5 times the minimum lot size (5,000 square feet). Lots 1 -3 are not greater than 1.5 times the minimum lot size (5,000 x 1.5 = 7,500). Lot 4 is 9,233 square feet and is 85 feet wide (2.5 x 85 = 212.5). This lot is about 45 feet deep. This standard is met. 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 lot has over 25 feet of street frontage as shown on the proposed plat. This standard is met. Through lots: Through lots shall be avoided except where they are essential to provide separation of residential development from major traffic arterials or to overcome specific disadvantages of topography and orientation, and: A planting buffer at least ten feet wide is required abutting the arterial rights-of-way; and All through lots shall provide the required front yard setback on each street. Lot 4 is a through lot. The applicant did not address this standard. According to the site plan, the proposed building shows the required front yard setback of 15 feet on both frontages. In the R zone, the front and rear yard setback requirements are the same (15 feet). Tables 18.745.1 and 18.745.2 prescribe the 10 foot planting buffer along arterial streets are planted with lawn or living groundcover. Hall Boulevard is classified as an arterial street. The applicant is being conditioned to provide a site plan for lot 4 prior to the issuance of building permits that meets the through lot buffering standards. FINDING: The standard for through lots has not been met, but can be as conditioned below. CONDITION: Prior to the issuance of a building permit for lot 4 the applicant shall submit a site plan to the Project Planner that shows how the through lot buffering standards are met. Lot side lines: The side lines of lots, as far as practicable, shall be at right angles to the street upon which the lots front. The side lot lines of most lots are at right angles to the proposed private street. The one is exception is the western lot line of lot 3. This standard is met. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. The applicant's plans indicate they will construct half - street improvements along their Fanno Creek Drive frontage. This frontage is only about 30 feet wide; therefore the improvements will be comprised mostly of the driveway approach, connecting to the exiting public sidewalk at each end. The plans also show the construction of a 5 foot wide sidewalk along one side of the private street, thereby meeting this criterion. There is an existing sidewalk along the Hall Boulevard frontage. The applicant shall contact ODOT, 503- 229 -5002, to determine if any of the sidewalk sections should be replaced at this time. 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 c omprehensive 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. NOTICE OF DEQSION PAGE 32 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • • There is an existing public sanitary sewer located in Fanno Creek Drive. The applicant's plans show a public sewer extension in the pnvate street to serve the development. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions 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 n an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant has proposed a porous pavement section for the private street with an infiltration basin under the paving. Calculations have been provided for infiltration and an overflow system to the public storm system in Fanno Creek Drive. This is considered a LIDA system and must be approved by the City and CWS. The applicant shall submit plans and calculations to CWS for review and approval pnor to issuance of permits. The applicant shall submit a Maintenance Plan to the City of Tigard and CWS for review and approval. The Maintenance Plan shall be included in the HOA documents pnor to final plat 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. Hall Boulevard is classified as a bicycle facility. Hall Boulevard currently has bicycle striping and markings along this frontage. The applicant shall replace any bicycle striping or markings that are disturbed during construction. 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 NOTICE OF DEQSION PAGE 33 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • • 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 41A-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 Hall Boulevard, on the east side. The applicant is expected to place the utility lines underground. The fee -in -lieu is only allowed on a case -by -case basis and must be approved by submitting a formal request, with justification, to Mike McCarthy in the City's Engineering Department. If the fee in -lieu is approved, it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 124.3 lineal feet; therefore the fee would be $4,350.50. ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study Findings: The developer's engineer, Vic Accomando, has submitted an Access Management Report, dated January 4, 2008, for this development. Mr. Accomando used the ITE Trip Generation Manual to estimate the number of trips generated by the 4 -lot subdivision and the dwelling at 13990 SW Hall Boulevard. It was estimated that a total of 5 tnps will be generated during the a.m. peak hour, with 4 exiting the private street and 1 entering. During the p.m. peak hour 7 trips are expected, with 5 trips entering the pnvate street and 2 trips exiting the site. Directional distribution from the proposed site considers a northerly left-turn 700 -ft route from SW Fanno Creek Road to Hall Boulevard or a right -turn circuitous half -mile route to SW Bonita Road opposite SW 79th Avenue. The engineer concludes that the difficulty of maneuvering the course to Bonita Road means that all a.m. and p.m. exit tnps will travel north to Hall Boulevard without lengthening queues on SW Fanno Creek Drive. Fire and Life Safety: The applicant has contacted John Dalby, Deputy Fire Marshal, II, TVFR, regarding the use of the fire hydrant on the east side of Fanno Creek Drive. Mr. Dalby responded on March 5, 2008, that the existing fire hydrant is acceptable provided it is capable of supplying the required fire flow demand (1000 gpm @ 20 psi residual pressure for up to 3600 sq. ft.). The applicant shall confirm with the Water District that the fire flow demand can be met. John Dalby provided additional comments on December 11, 2007 regarding this project. The turnaround does not meet the current fire distract standards. Therefore, an acceptable alternative to this requirement is to install an automatic sprinkler system in each dwelling. The systems must meet the applicable provisions of National Fire Protection Association Standard No. 13D. "NO PARKING" signs must be installed on both sides of the Private Street. The CC&R's must identify an enforcement process for illegal parking of vehicles on the Private Street and a copy of these CC&R's must be reviewed and approved by TVF&R pnor to final plat approval. Public Water System: The City of Tigard provides service in this area. The applicant's plans show the extension of a 4 inch public water line, located in the pnvate street, to serve this development. This line must be a pnvate line terminated at the property line and the water meters banked at the ROW for Fanno Creek Drive. The plans also indicate each lot will be served with a 3/4 inch water meter. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWSJ 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 DEQSION PAGE 34 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • Prior to issuance of permits the applicant shall submi�t� plans and calculations to CWS and the City of Tigard 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 and CWS prior to construction. To ensure compliance with Clean Water Services design and construction standards, the appplicant shall employ the design engineer responsible for the design and specifications of the private water gtinlity facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages throughout the pro ect and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. The water quality rain gardens proposed for each home, if approved, shall be included as a Maintenance item in the development's HOA pnor to final plat approval. 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. 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 wiIl 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 Irom a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. 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 positiorung 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). D. - IMPACT STUDY (18.390): Section 18.390.050 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. The study shall address, at a minimum, the transportation system including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the develo ment 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 ppro erty 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. NOTICE OF DEQSION PAGE 35 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • 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 Endings 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. The applicant's narrative includes an impact study which addresses impacts of the proposed development on public facilities and services. The applicant is constructing a new private street to access the homes via Fanno Creek Drive. The existing access onto Han Boulevard will be closed. The four new units and one existing home on Menlor Court will utilize the new private street. The applicant provided estimated peak period vehicle taps based on the Trip Generation manual (Seventh Edition published by the Institute of Transportation Engineers - ITE). Trips onto Fanno Creek Drive will be five (5) during the morning peak hour and seven (7) during the evening peak hour. Considering the difficulty of maneuvering the course to Bonita Road, it is estimated that all exit trips will utilli7e Hall Boulevard without lengthening queues on Fanno Creek Drive. Proposed stormwater collection is roof runoff will be collected and conveyed to individual rain gardens on each lot. The private street storm water will percolate into a porous pavement system with infiltration beds. An overlow structure will release the flow to a new 12: storm dram system installed m SW Fanno Creek Road. An existing 8- inch public sewer line will be extended within the private street to serve all four lots. No negative noise impacts are anticipated from this residential development. Each new unit will be assessed a Parks Development Fee at issuance of building permit. The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of development. Based on Washington County figures "11F's are expected to recapture 20 percent of the traffic impact of new development on the Collector and Artenal Streets tem. The apphcant will be required to pay TIFs of approximately $3,390 per dwelling unit (effective July 1, 2008 Based on the estimate that total TIF fees cover 20 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $10,170 ($3,390 x 3 dwelling units). TIF credits are issued at the time of building permit for the one existing home to be demolished. Based on the estimate that total TIF fees cover 20 percent of the impact on major street improvements citywide, a fee that would cover 100 percent (full impact?_ of this projects traffic impact is major ($10,170 divided by .20). The difference between the 11F paid and the full impact, is considered unmitigated impact. Since the TIF to be paid is $10,170 the unmitigated impact has an estimated value of $40,680 ($50,850 - $10,170). The site has frontage along SW Fanno Creek Drive (30 feet), a local street, and SW Hall Boulevard (124.27 feet), a collector. Dedication of 2 feet is required along Fanno Creek Drive (30 x 2 = 60 square feet). No improvements are required along the City of Tigard facility (Fanno Creek Drive) that are not associated with the construction of the pnvate street. Any improvements and dedication along Hall Boulevard, an ODOT facility, are not considered in the rough proportionality analysis. As shown below the total value of the mitigated costs plus the TIF assessment is less than the total value of the projected impacts of the development, and therefore is roughly proportionate. Fanno Creek Dedication: 60 sq ft x $3 $ 180.00 Total: $ .180.00 Estimated Value of Impacts Full Imppact $ 50,850.00 Less i"1F Assessment $ - 10,170.00 Less Mitigated Costs (Dedication) $ - 180.00 Estimated Value of Costs Impacts $ 40,500.00 SECTION VII. OTHER STAFF COMMENTS Tigard Police have reviewed the proposal and have no objections. Tigard Building Division has reviewed the proposal and noted that private plumbing will require a separate plumbing permit and inspection. Engineering staff will highlight all private plumbing installations on construction plans submitted for the Public Facilities Improvement (PFI) permit. NOTICE OF DECISION PAGE 36 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • • SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed the proposal and endorses the proposal predicated on the following critena and conditions of approval: 1) DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround. (IFC 503.2.5) 2) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: When buildings are completely protected with an a proved automatic fire sprinkler system, the requirements for fire apparatus access maybe modified as approved - by the fire code official. (IFC 503.1.1) As noted on Page 10 of 23, "The owners accept the condition to provide sprinklers. 3) FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (12 feet for up to two dwelling units and accessory buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. ere fire apparatus roadways are less than 26 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 26 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. (IFC 503.2.1) The fire district does not endorse the design concept wherein twenty feet of unobstructed roadway width is not provided. 4) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to IFC Appendix B. (IFC B105.1) The fire hydrant shown on the submitted drawings must be capable of supplying the required fire flow demand. 5) FIRE HYDRANTS - ONE - AND TWO - FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where a portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road as measured in an approved route around the exterior of the structure(s), on -site fire hydrants and mains shall be provided. (IFC 508.5.1) The location of the fire hydrant shown on the submitted drawings meets this requirement. 6) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational pnor to any combustible construction or storage of combustible materi on the site. (IFC 1410.1 & 1412.1) Oregon Department of Transportation (ODOT) submitted the following comments in August 2008 after reviewing the proposal: The site is adjacent to the referenced state highway. ODOT has permitting authority for the state highway and an interest in ensuring that the proposed land use is compatible with its safe and efficient operation. Please direct the applicant to the District Contact indicated below to determine permit requirements and obtain application information. Development Review Planner: Seth Brumley Phone: (503) 731 -8234 Traffic Contact: Martin jensvold PE Phone: (503) 731 -8219 District 2A Contact: Sam Hunaidi Phone: (503) 229 -5002 NOTICE OF DECISION PAGE 37 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION • • ODOT RECOMMENDED LOCAL CONDITIONS OF APPROVAL • Curb, sidewalk, bikeways and road widening shall be constructed as necessary to be consistent with the local Transportation System Plan and ODOT /ADA standards. • An ODOT Miscellaneous Permit must be obtained for all work in the highway right of way. • The applicant must obtain an ODOT permit to - place trees in the state right of way. Tree spacing and design must be consistent with Highway Design Manual Bulletin RD06 -03B. Otherwise a design exception in must be approved. Illumation plans shall meet ODOT standards and policies. • An ODOT Drainage Permit is required for connection to state highway drainage facilities. Connection will only be considered if the site's drainage naturally enters ODOT right of way. The a plicant must provide ODOT District with a preliminary drainage plan showing impacts to the highway right of A drainage study prepared by an Oregon Registered Professional Engineer is usually equired by ODOT if: 1. Total peak runoff entenng the highway right of way is greater than 1.77 cubic feet er second; or 2. The improvements create an increase of the impervious surface area greater than 10,758 square feet. ADDITIONAL COMMENTS: Previous ODOT comments dated 2/6/2008 are still applicable. In brief, ODOT supports the City's condition that this property access Fanno Creek Drive only. The existing highway approach permit requires the property owner to close the access to Hall Blvd when the parcel is redeveloped. Te new subdivision shall remove the existing driveway and earth ramp and re -grade the slope to match the existing slope from both sides of the right -of -way line. In addition, signal modifications shall be required at the SW Hall Blvd. /SW McDonald St. intersection. All signal modifications shall be approved by ODOT. ODOT submitted the comments below in October following the revised notice: We have reviewed the applicant's proposal to build a 4 -lot subdivision and the associated Adjustment to the access /egress spacing standard. The site is adjacent to SW Hall Blvd. ODOT has permitting authority for this facilityl and an interest in ensuring that the proposed land use is compatible with its safe and efficient operation. To ensure compatibility with state standards and requirements, we request the City of Tigard approve the application with ODOT's recommended conditions of approval from our letter dated August 14th 2008. Approval of the Subdivision and Variance will provide the site with alternative access which in turn will support the planned modifications of the signal at the SW Hall Blvd /SW McDonald St. intersection. These modifications will improve the safety and functionality of the state facility at this intersection. Clean Water Services has reviewed the proposal and submitted a general comment letter dated June 2, 2008 addressing sanitary sewer, storm drainage and water quality, sensitive areas, and erosion control. SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies NOTICE OF DEQSION PAGE 38 OF 39 SUB2008 -00001 ROSEWOOD GOURT SUBDIVISION • • Final Decision: THIS DECISION IS FINAL ON OCTOBER 17, 2008 AND EFFECTIVE ON NOVEMBER 1, 2008 UNLESS AN APPEAL IS FILED. p 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 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 OCTOBER 31, 2008. estions: Ive any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. C---> October 16, 2008 PREPARE BY: Che Caines DATE Assn iate Planner l = October 16, 2008 APPROVED BY: Richard ersdorff DATE Planning Manager NOTICE OF DEQSION PAGE 39 OF 39 SUB2008 -00001 ROSEWOOD COURT SUBDIVISION CITY of TIGARD . ; I ; ____.---• \ i I GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP i 1 . I [ , 1 _ I I I , <1 RGINA I 1 I [ _ ; 1 . =3 E= ;--,---; E::: \ =E . - -._.--- i 1 SUB2008-00001 I 1 i . 1 i • , 1 1 ,,_. = = = I 1 VAR2008-00016 , I I I li I //( ,= = ,= = 1F-_,- F-,-- = , 1= 1 ,7_ I • EDGEWOOD:ST I I 1 I I ROSE WOOD ; i i 1 I I I i I I I i COURT . ; . 1 i SUBDIVISION ' , I I , 1,0 / I , 1 . 87TH 4 , ARTHUR te-1-1 LEGE : . ND JOHN CT I , :CI) rr SUBJEC1' - I ____T\ LYNE CT I ) MER ----- DEEANN 1 A SnE 1 , I MCDONALD ST / I 1 , 1 07 I. 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Tigard's Land Use Code, therefore, sets out specific requirements for filing appeals on certain land use decisions. The following form has been developed to assist you in filing an appeal of a land use decision in proper form. To determine what filing fees will be required or to answer any questions you have regarding the appeal process, please contact the Planning - Division or the City Recorder at the phone /fax listed at the top of this form. GENERAL INFORMATION FOR STAFF USE ONLY Property Address /Location(s) and Name(s) of the Application ��' 11 Case No.(s): 51 ate/ Being Appealed: 14 G t ® SW' t4/- tom.. Case Name(s): t2DSCWilt �D P c - n y e 4 z., 1 <c 20t AA e R eceipt No.: 9-01) 51 • How Do You Qualify As A Party ?: -o �� %r Application Accepted By: Date: / Approved As To Form By: Appellant's Name: MM2/ MEI PO W � i x 3 �V I NW-Le Date: Appellant's Address: I 99..O L. ‘,u. • Denied As To Form By • City /State: —1-1(7-1., Q Zip: [..7-72- Date: Day Phone Where You Can Be Reached:() (- g /7-3'O'0 R e" . 7/1/07 c \curpin \ masters \land use applications \ appeal_land use app.doc Scheduled Date Decision Is To Be Final: R,OV. � " Date Notice of Final Decision Was Given: Ce- 1 , 1 - 9 -1 ( ) B, • Specific Grounds For Appeal or Review: REQUIRED SUBMITTAL ELEMENTS 1-10N _ i� - INT,A1/13 / Application Elements Submitted: ❑ Appeal Filing Form (completed) t� �5�-1'�' n.l �� El Filing Fee (based on criteria below) 1 ,1-11/ • MAt f T1 t 1.) nii L_l_ _ �� ' ' Director's Decision to Hearings Officer /PluuungCommission 5 250.00 > Expedited Review (deposit) 5 300.00 Hearing in Referee S 500.00 > Planning Commission/Hearing's Officer to Qty Council S 2,,513.513. 00 (+ Transcript) Sig . (s) of Appell-nt(s): 0Z� /vV Ac IV� Q1-'- - t�, CE fNi4 -I.ti> A t.- k;1,l.1A.T� C r�N 0 t %1 ? VF g .._ lam' BMW • • APPEAL FILING FORM FOR LAND USE DECISIONS (Coned.) a , i.�,I _ _. ry 7 A. • 1+ i. F7 Ii's /4.21=1*, 0e1-71L9 ov - c 011 1.41 S �FNr3z: -g. ((-)` -F U2-0 A- "J ? ` Ne i- pr i CITY OF TIGARD 10/31/ 22008 � 13125 SW Hall Blvd. 3:55:37PM "Tigard, OR 97223 503.639.4171 TIGARD Receipt #: 27200800000000003759 Date: 10/31/2008 Line Items: Case No Tran Code Description Revenue Account No Amount Paid SU B2008 I [LANDUS] Appeal DD to HO 100 0000 - 438000 250.00 Line Item Total: $250.00 Payments: Method Payer User ID Acct. /Check No. Approval No. How Received - Amount Paid S Check GORDON KUNKLE ST 1950 In Person 250.00 Payment Total: $250.00 • • • cltcccipi.rin Page I of I ATTACHMENT 3 NOTICE TO MORTGAGEE, LIENHC t, VENDOR OR SEI .i .ER • THE TIGARD DEVF.TOPMENT COD REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER "REVISED NOTICE" NOTICE OF PENDING -° LAND USE APPLICATION -- 4 SUBDIVISION '` 4 THIS NOTICE HAS BEEN REVISED TO INCLUDE AN ADDITIONAL ADJUSTMENT (VAR2008- 00024) AS OUTLINED BELOW. THE COMMENT PERIOD AND TENTATIVE DATE THAT THE DECISION WILL BE ISSUED HAVE BEEN EXTENDED ACCORDINGLY. DATE OF NOTICE: September 19, 2008 FILE NOS.: . SUBDIVISION (SUB) 2008 -00001 ADIUSTMENT AD USTMENT (VVAR) 2008 -00024 FILE TITLE: ROSEWOOD COURT SUBDIVISION REQUEST: The applicant is seeking approval for a 4 -lot Subdivision on a .75 -acre site. An existing home on the site will be removed. The lots are proposed to be developed with detached single - family homes. Lot sizes will range from 5,095 to 9,233 square feet. In addition, the applicant is requesting approval for an Adjustment to utilize an existing 16 -inch Black Walnut tree as a street tree. This revised notice includes a request for approval for an Adjustment to the access/ egress spacing standard The proposed private street (Rosewood Court) does not meet the minimum local street spacing standard along a local street of 925 feet. Spacing to DeeAnn Court to the north is approximately 110 feet. LOCATION: 14010 SW Hall Boulevard; WCTM 2S112BB, Tax Lots 200 and 201. ZONE: R -7: Medium - Density Residential District. 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. 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, 18.780, 18.790, 18.795 and 18.810. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON OCTOBER 3, 2008. All comments should be directed to Cheryl Caines, Associate Planner (x2437) in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503 -639- 4171 or by e -mail to cherylc or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION - MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR OCTOBER 8, 2008. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRT1 _LEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: e Address the specific "Applicable Rew Criteria" described in the section a, or any other criteria believed to be applicable to this proposal; • Raise any issues and /or concerns believed to be important with sufficient evidence to allow the City to provide a response; ♦ Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 -DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE I1 ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMI1 - 1'LD WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THIE FACTS CONTAINED WITHIN THE RECORD, TIIE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION - MAKING PROCESS: o The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14 -day written comment period. o The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City - recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION /EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. If you want to inspect the file, please call and make an appointment with either the project planner or the planning technicians. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." VICINITY MAP Min Q � - _ ® SL'P,200S 00001 E' I V_�R200S -00016 woo. ■ ° ROSEWOOD COURT SUBDIVISION MU. 111111M0 -� cy � LEGEND: ,l - i i��IRK , � j SUBJECT 87TH 1 -i , �r9y,L` jJ r# SITE MC frNAU ( 4I1 U Q w C•LONY CRE K CT � i. , - -- .); 11111111111CHMEnd 7•0• DRIVE \1Uiii O' J ■I'll O Z -Hu,I 111193_0 .•, " ►G,, /_ .11111 MirJ uKEENSWAKD LANE I i (i,,i`e DerWant "mu. 01M/WA. 111114.1riblerli 11111 OM SW 1.61.■ Commumry Development not date' Jul 30, 2008, \mag:c01A 1..3 APP NOTICE TO MORTGAGE, LIENHO•R, VENDOR OR SELLER • THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER "RE- ISSUED NOTICE" ~" NOTICE OF PENDING • LAND USE APPLICATION • SUBDIVISION . THIS NOTICE IS BEING REISSUED DUE TO INCORRECT ZONING INFORMATION PROVIDED IN THE PREVIOUS NOTICE. THE PREVIOUS NOTICE INDICATED THAT THE SUBJECT PARCELS ARE ZONED R -4.5. THE CORRECT ZONING DESIGNATION IS R -7. THE COMMENT PERIOD AND TENTATIVE DATE THAT THE DECISION WILL BE ISSUED HAVE BEEN EXTENDED ACCORDINGL Y DATE OF NOTICE: August 4, 2008 FILE NOS.: SUBDIVISION (SUB) 2008 -00001 ADJUSTMENT (VAR) 2008 -00016 FILE TITLE: ROSEWOOD COURT SUBDIVISION REQUEST: The applicant is seeking approval for a 4 -lot Subdivision on a .75 -acre site. An existing home on the site will be removed. The lots are proposed to be developed with detached single - family homes. Lot sizes will range from 5,095 to 9,233 square feet. In addition, the applicant is requesting approval for an Adjustment to utilize an existing 16 -inch Black Walnut tree as a street tree. LOCATION: 14010 SW Hall Boulevard; WCTM 2S112BB, Tax Lots 200 and 201. ZONE: R-7: Medium - Density Residential District. 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. 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, 18.780, 18.790, 18.795 and 18.810. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON AUGUST 18, 2008. All comments should be directed to Cheryl Caines, Associate Planner (x2437) in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503 -639- 4171 or bye -mail to cherylca or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION - MAKING PROCESS THE CITY OF 'TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR AUGUST 20, 2008. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRI I"I "LN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: • 1 • • Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and /or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 -DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMIFIED WRII1'EN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACIION. SUMMARY OF THE DECISION - MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14 -day written comment period. • The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City - recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION /EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. If you want to inspect the file, please call and make an appointment with either the project planner or the planning technicians. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." VICINITY" MAP og g g SUB?005 -00001 N e e vAR2008_00016 woo I / - I o RC:)SE \ \OOL) COURT SUBDIVISION W . � n • ,.. �-� LEGEND: j SUBJECT McnONAL• ST „'.,, iura w !Pow COLONY CRE _ I( CT , `. �, VAN ' `r�z illll /1111111 Z .. - MILO gong, S' L LW L DL 11= _ -'_`�, � ,, _. F.. -_t'' - - M MI: Q" " -� E fir ANN 1 �� -.a... • NOTICE TO MORTGAGEE LIENH011R, VENDOR OR SELLER • THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER NOTICE OF PENDING LAND USE APPLICATION o SUBDIVISION DATE OF NOTICE: July 31, 2008 FILE NOS.: SUBDIVISION (SUB) 2008-00001 ADJUSTMENT (VAR) 2008 -00016 FILE TITLE: ROSEWOOD COURT SUBDIVISION REQUEST: The applicant is seeking approval for a 4 -lot Subdivision on a .75 -acre site. An existing home on the site will be removed. The lots are proposed to be developed with detached single - family homes. Lot sizes will range from 5,095 to 9,233 square feet. In addition, the applicant is requesting approval for an Adjustment to utilize an existing 16 -inch Black Walnut tree as a street tree. LOCATION: 14010 SW Hall Boulevard; WCTM 2S112BB, Tax Lots 200 and 201. ZONE: R-4.5: Low Density Residential District. The R-4.5 zoning district is designed to accommodate detached single - family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single - family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. 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, 18.780, 18.790, 18.795 and 18.810. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON AUGUST 14, 2008. All comments should be directed to Cheryl Caines, Associate Planner (x2437) in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503 -639- 4171 or bye -mail to cherylcCcr�tigand- or.gov. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION - MAKING PROCESS THE QTY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR AUGUST 18, 2008. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRI1 COMMENTS WILL BECOME A • PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN TFIE FOLLOWING INFORMATION: • Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; • Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; • Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the re ant approval f roval criteria with sufficient s ecifici tY may preclude subsequent Y, P 9 appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. • AFTER THE 14 -DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WI THIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITIE.D 'WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION - MAKING PROCESS: • The application is accepted by the City • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14 -day written comment period. •. The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of • record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City - recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental a entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION /EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. If you want to inspect the file, please call and make an appointment with either the project planner or the planning technicians. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." 1 VICINITY MAP I I J n�h�hw 1 = � ®® SI. B 0000 . ®® ®® VAR200S -00016 woo. „ III 1111 o allil R<:)SEwC)OD C:(7i?RT SUBDIVISION • � � Man ' op � r-� - LEGEND: ,o lipiv j� /� SUBJECT ' I• ■ ir ,, 111 1∎ 1111�,� Til 11 MIL faMill . I MAP .1 If ■ 11111111112 111111Nd COLONY CREEK u mmor, y y .• . DRIVE O � o.l. hi ll w ■ I 1 I"* 4. J I n o rlo :ru 330 .... J:.:!:..:7:._,... r -_ i titVI ft _d rmnbnon��bm.ru brmotl b. (503)030•417 I Community Development Rot date: Jul 30, 2008, C9magic(MAGICO3.APR • ATTACHMENT 4 PROPOSAL NARRATIVE ' � � For SE? - .1 0 2008 ' "ROSEWOOD COURT" P[ .� ' _'' ' 4 -LOT SUBDIVISION 14010 S.W. HALL BOULEVARD TAX MAP 2S1 12BB, TAX LOT 200 & 201 TIGARD, OREGON 97223 REVISED July8, 2008 REFERENCE TO CHAPTER 18.705 ACCESS, EGRESS AND CIRCULATION REVISED September 13, 2008 r INTRODUCTION I This project proposes to subdivide a 0.85 -acre parcel into 4 lots for single - family detached homes. Presently, the site expands over Tax Map 2S1 12BB, Tax Lot 200, a 32,607 sq. ft. tract and Tax Lot 201, a 0.10 -acre I fragmented parcel abutting Tax Lot 200, within the city limits of Tigard Oregon. The site prior to a required 2- ft. dedication at the Fanno Creek Road right -of -way is 37,110 sq. ft. (0.85- acres). The developed site after dedication (65 sq. ft.) is 37,045 sq. ft. (0.85- acre). 1 The existing use of the parcels is an urban developed residential site addressed as 14010 SW Hall Boulevard, Tigard, Oregon 97223. The City of Tigard has designated the parcels as R -7 Medium - Density Residential is District. The ro is located between SW Hall Blvd to the west and perty st a d SW Fanno Creek Road to the east. The north • property line intersects section comer: 211 The site is 0.22 mi. south of the new Tigard library. 1 11112 The present access to the property is via a concrete driveway approach on SW Hall Blvd. directly opposite SW I McDonald Avenue at the "tee" intersection of McDonald /Hall Blvd. The access also serves a neighboring home to the north, 13990 SW Hall Blvd through a 15 -ft. wide recorded easement on the project site from the Hall Blvd. east right -of -way line to the section comer. Another 30 -ft. wide private access easement abuts the 15 -ft. wide easement and extends over the project site east to the Fanno Creek right-of-way. The City of Tigard has I directed that the concrete driveway approach and the paved driveway portion within the Hall Blvd, right -of- way be removed, closing traffic accessibility to the site. Instead, a 20 -ft. wide asphalt paved private street with a 5 -ft. wide sidewalk will provide all access from Fanno Creek Road to the four new homes and the neighbor's I driveway. The neighbor vehemently opposes the closure of their access to Hall Blvd. but understands that this application for subdivision approval will proceed. I EXISTING SITE CONDITIONS ANALYSIS On -site assessment reveals a relatively flat site sloping from the 172 -foot elevation in the northwest to the 167 -foot elevation in the southeast. A steep ( -9.0 %) downgrade progresses through the 30 -ft. wide portion of the site approaching Fanno Creek Road and SW Hall Blvd. is situated approximately 5 -feet above the site. A • well maintained grass lawn surrounds a circa 1920 two -story house with separate garage /shop. Two mature black walnut trees are located near the Hall Blvd. r -o -w and two other broadleaf trees, a large chestnut and a 1 1of24 big leaf maple, shade the n g p e e fro tiltd Several flowering trees mcluding� dogwood and holly share the rear yard with apple, cherry and plum fruit trees. ' The roject is situated approximately 400 -ft. west of the Fanno Creek Riparian P ] PP Y ree Setback and south of Pinebrook Creek. There are no sensitive lands on or near the project site, and Tigard's WETLANDS and STREAM 1 CORRIDORS map shows no indication. Fema's Flood Insurance Rate (FIRM) map, no. 4102760517 C, indicates the site is within Zone X, an area determined to be outside the 0.2% chance floodplain. 1 PLANS REQUIRED COVER SHEET & VICINITY MAP A computer generated set of 24 "x 36" drawings, including a Cover Sheet C1 with vicinity map. ' EXISTING CONDITIONS MAP Sheet C2 depicts an existing conditions map with one -foot contours, existing trees 8" and larger, and public I streets (SW Hall Blvd., SW Fanno Creek Road) with existing underground utilities. SITE DIMENSION PLAN 1 Sheet C3 displays a site development plan indicating lot geometry and private street with dimensions. PRELIMINARY GRADING /EROSION CONTROL PLAN 1 Sheet C4 depicts existing grade contours and proposed finished grades with spot elevations. Sheet C4 also directs the erosion and sedimentation control measures to be implemented prior to and during construction activities. 1 PRELIMINARY STORM DRAINAGE PLAN Sheet C5 characterizes the proposed on -site storm drainage system with water quality and water quantity 1 structures with off -site public storm drain construction in Fanno Creek Road to an existing system. PRELIMINARY UTILITY PLAN Sheet C6 illustrates the existing and proposed utilities including sanitary sewer and domestic water resources. An existing fire hydrant is also displayed. I TREE PRESERVATION /REMOVAL PLAN Sheet C7 depicts a tree inventory summary table, a tree protection plan and identifies trees in fair or poor condition as described by the project arborist with trees marked for removal. A separate arborist report I (included with this application) provides a guideline for protection of trees on construction sites, SW HALL BLVD IMPROVEMENT PLAN I Sheet C8 describes the proposed improvements to remove the existing portion of driveway within the ODOT right -of -way, remove the curb drop /driveway approach and replace with refurbished sidewalk and 7 -inch curb exposure plus groundcover plantings replacing the removed asphalt. 1 CODE CHAPTER RELEVANT CRITERIA As defined in the Pre - application Conference Notes, this narrative is required to address pertinent Community I Development Code Chapters and describe how the standard will be met. The following Chapters will be chronicled with a response to demonstrate the standard has been met: Chapter 18.390 Decision- Making Procedures ' Chapter 18.430 Subdivisions Chapter 18.370 Variances /Adjustments Chapter 18.510 Residential Zoning Districts ' Chapter 18.705 Access /Egress /Circulation Chapter 18.715 Density Computations Chapter 18.745 Landscaping & Screening Standards ' Chapter 18.765 Off-Street Parking /Loading Requirements 2 of 24 ' • 1 Chapter 18.780 Signs Chapter 18.790 Tree Removal Chapter 18.795 Visual Clearance Areas Chapter 18.810 Street & Utility Improvement Standards Chapter 18.390 DECISION - MAKING PROCEDURES I 18.390.010 Purpose A. Purpose. The purpose of this chapter is to establish a series of standard decision - making procedures that will enable the City, the applicant, and all interested parties to reasonably review applications and participate in the local decision - making process in a timely and effective way. Each permit or action set forth in Chapters 18.320 - 18.385 has been assigned a 1 specific procedure type. 1 TABLE 18.390.1 SUMMARY OF PERMITS BY TYPE OF DECISION - MAKING PROCEDURE Type Permit/Land Cross - Reference(s) 1 II (18.390.040) Subdivision Without Planned Development 18.430.070 Variances 18.370.010C Appeals to Hearings Officer 18.390.04OG I • RESPONSE; In accordance with 18.390.020 'Description of Decision-Making Procedures, and Table 18.390.1 SUMMARY OF PERMITS BY TYPE OF DECISION - MAKING PROCEDURES, this narrative accompanies a completed Land Use Permit Application for a Subdivision Without Planned Development, a Type II review. No application is made for Variance or Development Adjustments with this application. The applicant acknowledges the standing to appeal an administrative decision regarding this application. 1 18.390.040 Type II Procedure A. Preapplication conference. A preapplication conference is required for Type II actions. 1 • RESPONSE; A pre - application conference was held with City of Tigard Planning representatives and Engineering Section personnel October 31, 2006 and again August 23, 2007. The pre - application conference provided materials to conduct a neighborhood meeting. As a result of the neighborhood ' meeting handout, all property owners within 500 feet were notified of the proposal for a subdivision development. A meeting was conducted on -site at 14010 SW Hall Blvd., October 30, 2007 from 6:OOpm to 7:30 pm with approximately 8 in attendance. Discussions focused on developing 4 single - family detached homes. Neighborhood Meeting Affidavits of Posting & Mail Notice, minutes of the meeting and sign -in sheets accompany this submittal. B. Application requirements. I 1. Application Forms. Type II applications shall be made on forms provided by the Director as provided by Section 18.390.080 El; 2. Submittal Information. The application shall: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action; c. Be accompanied by the required fee; d. Include two sets of pre - stamped and pre - addressed envelopes.... e. Include an impact study. • RESPONSE; A completed CITY OF 77G4RD PL4NNING DIVISION LAND USE PERMIT APPLICATION accompanies this submittal. This narrative addresses relevant criteria in detail. • The required fee based on City of Tigard Land Use Applications Fee Schedule, effective date 7/1/2007 ' Page 3 of 24 ' • • is a total of: Preliminary Plat without Planned Development $5,095.00 + $90.00 /lot Total $ 5,095 + 4 x $90 = $5,095 + $360 = $ 5,455.00 I The fee is herewith submitted with this application. An amendment to this application narrative, in response to the Completeness Review letter dated 1 February 4, 2008, includes an adjustment to use the existing 16 -inch Black walnut as a street tree, with the required fee of $154.50, which accompanies this revised narrative. ' h revision to this application narrative requesting an adjustment to the minimum access spacing_per 18.705.030.H.4 is accompanied with the required fee of $ 307.50. • Once the application package is deemed complete, the required (2) two sets of stamped and pre - addressed envelopes for all property owners of record within a 500 ft. radius of the site and CPO 4B as ' provided by City of Tigard supplied database will be submitted. • The application indudes an Impact Study under separate cover addressing the elements defined in 18.390.040.B.(e). • This paragraph shall serve as notification of concurrence with the requirements to dedicate (2) two feet of right -of -way on SW Fanno Creek Road to provide 27 ft. from centerline. No dedication is required to comply with (50) fifty feet from centerline on SW Hall Blvd., as r -o-w width currently varies from 52.2 feet to 70.29 feet. I Chapter 18.430 SUBDIVISIONS 18.430.020 General Provisions A. Approval through two -step process. An application for a subdivision shall be processed through a two -step ' process: the preliminary plat and the final plat. • RESPONSE: The Subdivision Application will include a preliminary plat depicting the proposed lot ' layout and private street geometry. Subsequently, the current planning and engineering approval conditions will be satisfied and construction of infrastructure will be completed leading to the submittal of the final plat for City review and Washington County Surveyor approval and recording. B. Compliance with ORS Chapter 92. • RESPONSE: The plat will conform with ORS Chapter 92, SUBDIVISIONS AND PARTITIONS, requiring the survey and plat made by a registered professional land surveyor and approval of the City. C. Future re division. • RESPONSE: The zoning requirements and the development of the surrounding neighborhood ' preclude future re- division. D. Lot averaging. • RESPONSE; The smallest lot size is 5,095 sq. ft. which exceeds the underlying zoning district requirement of 5,000 sq, ft. therefore lot averaging will not be necessary. 1 E. Temporary sales office 1 Page 4of24 1 • • 1 • RESPONSE: There will be no on -site office. F. Minimize flood damage. G. Floodplain dedications. J. Determination of base flood elevation. • RESPONSE: The site is not within nor adjacent to the 100 -year floodplain. A base flood elevation of 141.0 has been determined within the special flood hazard area of Fanno Creek as evidenced by FEMA's Flood Insurance Rate Map 4102760517C at Cross Section "K" of the flood insurance study near SW Char Court: Fanno Creek River Mile 3.41. 18.430.030 Approval Process A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure. • RESPONSE :The Subdivision application requests a Type II review. B. Review of Final Plat. Review of a final plat for subdivision shall be rocessed by means of a Type I procedure. P Y YP P • RESPONSE: The project surveyor will submit a final plat for review to the City and the County Surveyor for comments. The approved final plat will processed as a Type I procedure. E, Phased Development. 1. The Approval Authority may approve a time schedule for developing a subdivisions in phases. • RESPONSES: The project will be constructed in one effort, not in phases. 18.430.060 Adjustments Authorized A. Granting of adjustments. Adjustments to the subdivision regulations prescribed by this title may be authorized by the Director... • RESPONSE :This application does not request an adjustment. 18.430.070 Approval Criteria: Final Plat ' B. Approval criteria By means of a Type I procedure, the Director and the City Engineer shall review the final plat and shall approve or deny the final plat approval based on finding that: 1, The final plat complies with the preliminary plat... and all conditions of approval have been satisfied. 2. The streets and roads for public for public use are dedicated without reservation or restriction... 3. The streets and roads held for private use and indicated on the preliminary plat of such subdivision have been approved by the City; 4. The plat contains a donation to the public of all common improvements, including streets, parks, sewage disposal and water supply systems; 5. An explanation is included which explains all of the common improvements required as conditions of approval and are in recordable form and have been recorded and referenced on the plat; 6. The plat complies with the applicable zoning ordinance and other applicable ordinances and regulations; 7. A certification by the appropriate water district that water will be available to the lot line of each and every lot... 8. A certificate has been provided by the City's Engineering Department that a sewage disposal system will be available to the lot line of each and every lot... 9. Copies of signed deeds have been submitted granting the City a reserve strip as provided by Section 18.430.040B; and 10. The plat contains a surveyor's affidavit... • RESPONSE :• 1 The final plat will comply with all conditions f () p p y of approval, (2) The required dedication 2 -ft. of public right-of-way along the frontage of Fanno Page 5 of 24 r • • Creek Road has been met, (3) The access has been designed in accordance with the City of Tigard's standards for private streets. (4) The sanitary sewer, the storm drain system and the supply system are described within a 20 -ft. public utility easement and a private access easement within the curb face -to -face of the private street. (5) The standard Washington County plat format includes narrative and declaration describing common improvements. (6) The plat complies with the R-7 zoning ordinance and other regulations, (7) A City of Tigard Water Service Area existing public 6" water main stub extends into the project from the Fanno Creek Road 8" main. A new 6" water main connects to the existing stub and extends to the westem -most lot. Corporation stops extend from the I main to each lot terminating into a water meter box. (8) A public 8" sewer line extends into the project from a Fanno Creek Road 8" sewer main. A new 8" sewer main connects to the existing stub and extends to the western- I most lot 4. Individual 4" side sewer laterals extend from the main to each lot line. (9) There are no adjoining undeveloped properties. A reserve strip is not applicable. (10) The final plat bears a surveyor's affidavit and seal. I 18.430.090 Bond A. Performance guarantee required As required by Section 18.430.080, the subdivider shall file with the agreement an assurance of performance... • RESPONSE; A surety bond will be placed. Y p I 18.430.100 Filing and Recording B. Proof of recording Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded plat. • RESPONSE: A mylar plat will be furnished to the City prior to issuance of building permits. I C. Prerequisites to recording the plat 1. No plat shall be recorded unless all ad valorem taxes and all assessments and fees have been paid. 2. No plat shall be recorded until it is approved by the County surveyor • RESPONSE: The standard protocol of submitting a plat to the Oty and the County insures that all assessments are paid prior to recording. The County surveyor records the plat thus insuring their approval. Chapter 18.370 VARIANCES AND ADJUSTMENTS s 18.370.020 Adjustments C. Special adjustments Adjustment to access and egress standards (Chapter 18.705)1 p.. In all zoning districts where access and egress drives cannot be readily designed to conform to coder S tandards within a particular parcel, access with an adjoining parcel shall be considered. If access in conjunction with another parcel cannot reasonably be achieved, the Director may grant an adjustment to he access requirements of Chapter 18.705 through . a Type II procedure, as governed in Section18.390.030,1 sing approva cr nt containe i n S u b section 2b .. b H The Director may approve, approve with conditions, or deny a request for an adjustment from the access requirements contained in Chapter 18.705, based on the following criteria � (4 It is not possible to share access (2) There are no other alternative access points on the street in question or from another street k 3) The access separation requirements cannot be met Page 6 of 24 ' • • i (4) The request is the minimum adjustment required to provide access; �(5) The approved access will result in a safe access: an (6) The visual clearance requirements of Chapter 18.79 will be met 1 l l• RESPONSE: A request for a special adjustment to the minimum spacing of 125 feet for local streets in accordance with Chapter 18.705.030.H.4. is made with the accompanying fee of $307.50 ($615.00 x 1 /2) based on: (1) It is not possible to share access; (2) There are no alternative access boints to Fanno Creek Road; (3) The access separation requirement of 125 -ft. cannot be made between the private drive and the access to 14041 SW Fanno Creek Road -The separation is 27.6'; (4) The request for a separation of 27.6 -ft. is the minimum adjustment required; (5) The approved t rivate drive access will operate in a safe manner and (6) the visual clearance requirement can be met.l 6. Adjustments to landscaping requirements (Chapter 18.745) a. Adjustments to use existing trees as street trees. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for the use of existing trees to meet the street tree requirements in Section 18.745.030 providing there has been no cutting and filling around the tree during construction which may lead to its loss... 1 • RESPONSE: Although the project Arborist categorizes Tree #3 as poor, it was not earmarked for removal with an "X" in the tree inventory matrix table. It is preferred to preserve the 16 -inch diameter tree with its 30 -ft. canopy. The tree is proposed to serve as a street tree and there is no grading activity anticipated near the tree. I Chapter 18.510 RESIDENTIAL ZONING DISTRICTS 18.510.020 List of Zoning Districts E. R -7: Medium - Density Residential District. 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... I 18.510.030 Uses A. Types of uses For the purpose of this chapter, there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, subject to all the applicable provisions of this title. • RESPONSE: Table 18.510.1 catalogs a single - family detached housing type as a permitted use within the R -7 District in the use table. 18.510.040 Minimum and Maximum Densities B. Calculating minimum and maximum densities. The calculation of minimum and maximum densities is governed by the formulas in Chapter 18.715, Density Computations. • RESPONSE: The density computation is addressed in the narrative under Chapter 18.715, Density Computations. C. Adjustments Applicants may request an adjustment when... it is not possible to accommodate the proportional minimum density... • RESPONSE: No adjustment is requested for density adjustment. I 18.510.050 Development Standards B. Development Standards Development standards in residential zoning districts are contained in Table 18.510.2 ' Page 7 of 24 1 • • 1 TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES I STANDARD R -7 Minimum Lot Size - Detached unit 5,000 sq. ft. 1 - Duplexes 10,000 sq. ft. - Attached unit [1] 5,000 sq. ft. 1 Average Minimum Lot Width - Detached unit lots 50 ft. I - Duplex lots 50 ft. - Attached unit lots 40 ft. Maximum Lot Coverage 80% [2] I Minimum Setbacks - Front yard 15 ft - Side facing street on comer & through 10 ft I lots - Side yard 5 ft - Rear yard 15 ft I - Side or rear yard abutting more 30 ft restrictive zoning district - Distance between property line 20 ft. and front garage I Maximum Height 35 ft Minimum Landscape Requirement 20% [1] Single- family attached residential units permitted at one dwelling per lot with no more than five I attached units in one grouping [2] Lot coverage includes all buildings and impervious surface. I • RESPONSE: This project is a permitted use for the proposed four detached single - family residential homes. I - Minimum lot size: 5,095 sq. ft. is the minimum size for the detached unit lot. - Average lot width is 81.49 feet (Lot 1: 62.97 ft., Lot 2: 64.52 ft, Lot 3: 75.02 ft. and Lot 4: 123.48 ft = 325.97/4 = 81.49). 1 - Maximum lot coverage of 80 %: Considering a 510 sq. ft. driveway /sidewalk on Lot 3, a 5,095 sq. ft. lot, and the required setbacks, a maximum 1,932 sq. ft. foundation is allowed; still less that the 80% maximum allowed (4,076 sq. ft.). III - Minimum setbacks are recognized throughout the lots, as the C3: site dimension plan shows. - Buildings will be limited to 35 ft. roof height. - Lots will provide a minimum of 20% landscape and groundcover. 1 Minimum setbacks: - Front yard: A 15 feet front yard setback is recognized with a 20 feet dimension to garage. I - Side yard minimum setback is 5 feet: There is no side yard facing a street (Lot 4 has a rear yard facing Hall Blvd.). - Minimum Landscape Requirement, 20 %: Available landscape area is 9,681 sq. ft. or 53 %, I measured as all pervious area in the net development area. 1 Page 8 of 24 1 • • I Chapter 18.715 Density Computations 18.715.020 Density Calculation 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. 1. All sensitive land areas: a. Land within the 100 -year flood plain; b. Land or slopes exceeding 25 %; c. Drainage ways; and d. Wetlands. 2. All land dedicated to the public for park purposes; 3. All land dedicated for public right -of -way; 4, All land proposed for private street; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. ' • RESPONSE (1) There are no sensitive lands within or near the legal description. (2) No lands are dedicated for park purposes. (3) A 30.04 -ft. x 2 -ft. dedication has been allotted to comply with the 27 feet from centerline requirement for Fanno Creek Road as explicated in the pre - application conference engineering notes. Dedication is not required along Hall Blvd. as the 52.2 -ft. wide right -of -way varying to 70 -ft. wide exceeds the 50 -ft. wide requirement. The dedicated land is 60.08 sq. ft., herein calculated at 60.00 sq. ft. (4) Proposed private street area is measured at 10,915 sq. ft. using the "AREA" cadd command. (There is an existing house on the site but it is scheduled for demolition, so this provision is not applicable. 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 required for each lot in the applicable zoning district. 1 • RESPONSE: The legal description encompasses 37,012 sq. ft. land area. Subtracting the dedicated 60 sq. ft. and 10,915 sq. ft. for Tract "A ", the net development area is 26,037 sq. ft. Dividing 26,037 by 5,000 = 5 units. C. Calculating minimum number of residential units The minimum number is 80% of the maximum... r • RESPONSE: 80% of 5 lots = 4 lots. The project proposes 4 lots. 18.715.030 Residential Density Transfer A, Rules governing residential density transfer. The units per acre calculated by subtracting land areas listed in Section 18.717.020 A. la —c from the gross area may be transferred... • RESPONSE: No request is made for density transfer. Chanter 18.705Access, Egress and Circulation I 18.705.020 Applicability of Provisions D. Conflict with subdivision requirements, The requirements and standards of this chapter shall not apply where they conflict with the subdivision rules and standards of this title. 1 • RESPONSE; The proposed access complies with this Chapter and does not conflict with 18.430, Subdivisions and the Approval criteria. Page 9 of 24 1 •, • I 18.705.030 General Provisions B. 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. • RESPONSE; The Site Dimension Plan, Sheet C3, illustrates the ingress /egress provisions for the 4 -lot subdivision with a private 20 -ft. wide private driveway at SW Fanno Creek Road. The existing access on SW Hall Blvd. will be closed. C. Joint access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same 1 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: 1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and 2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. • RESPONSE: Easements have been recorded, for the benefit of 13990 SW Hall Blvd. (abutting neighbors to the north) that span across the project to afford access to Hall Blvd. and Fanno Creek Road. Copied of the instruments are provided for review of this application. As stated above, the City has directed that the concrete driveway approach (with curb drop) and the asphalt -paved driveway portion in the state right -of -way be removed and a concrete curb - and - gutter with a 10 -ft. wide sidewalk replace the removed approach. Furthermore, a vegetated groundcover will replace the removed asphalt portion of the existing driveway. In a meeting with the owners of the adjacent parcel holding the easements, it was stated that neither the City nor the State can extinguish the easements they currently enjoy however, the easements only affect the land described in the described metes and bounds on the properties. The easement does not have an influence on the survivability of the access portion within the public right -of -way and City of Tigard has directed that the access be closed. The neighbors stated they vehemently oppose closing of the Hall Blvd. access even though they will have access via Fanno Creek Road. Any further discussion of their reaction to the closing of the access is outside the scope of this narrative. Additionally, the asphalt driveway leading to the neighbor's home encroaches on the abutting 8570 SW Merlyne Court, 8536 Merlyne Court and 8514 Merlyne Court properties by as much as 4.7 -ft. The project proposes to contact the deed holders and offer to remove, at no cost to them, the trespass portion of asphalt and restore the fences during the grading phase of the project. ODOT states that a "miscellaneous permit" is all that is needed to accomplish the access removal. Because the closure does not affect the legal easements overlaying the site, the asphalt leading to Hall Blvd. within the project site will remain undisturbed. If the neighbors eventually relinquish the easement, the asphalt will be removed and soft landscape will be installed. D. Public street access All vehicular access and egress as required in Section 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continued basis. • RESPONSE: A 20 -ft. wide private street provides access to each of the four new lots and the existing adjacent property (13990 SW Hall Blvd.). The private street conforms to the requirements of the City but falls short of conforming to fire district standards for turnarounds. The Deputy Fire Marshal states in their review that an acceptable altemative would be to install automatic sprinkler systems in dwelling. The owners accept the condition to provide sprinklers. F. Required walkway location On -site pedestrian walkways shall comply with the following standards: 3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor 1 Page 10 of 24 ' vehicle traffic and parking by either a minimum 6 -inch vertical separation (curbed) or a minimum 3 -foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. 1 Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; • RESPONSE: No required walkways cross parking areas. Separation for pedestrian traffic is provided with 6 -inch exposed concrete curbs. 4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. ' Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft - surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. • RESPONSE: The plan proposes 5 - ft. wide concrete walkways, which meet the standard. H. Access Management 1. An access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO (depending on jurisdiction of facility.) • RESPONSE: A separate access management report accompanies this submittal. 2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right -of -way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. • RESPONSE: The access to Fanno Creek Road is located approximately 231 feet north of the ' intersection of Colony Creek Court and 680 feet south of the intersection of Hall Blvd. and Fanno Creek Road is a local street. Therefore this standard does not apply. 3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. • RESPONSE: There are no driveways accessing a collector or an arterial. This standard does not apply. 4. The minimum spacing of driveways along a local street shall be 125 feet. RESPONSE: A request for a special adjustment to the minimum spacing of 125 feet for local street In accordance with Chapter 18.705.030.H.4. is made based on: (1) It is not possible to share access i (2) There are no alternative access points to Fanno Creek Road; (3) The access separation r equirement of 125 -ft. cannot be made between the private drive and the access to 14041 SW Fanno Creek Road -The separation is 27.6'; (4) The request for a separation of 27.6 -ft. is the minimum,' ' adjustment required predicated on tax lot geometry; (5) The approved private drive access will operate in a safe manner and (6) the visual clearance requirement can be met. I. Minimum access requirements for residential use. ' 1. 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... ' Page 11 of 24 • 1 • • ' TABLE 18.705.1 VEHICULAR ACCESS/EGRESS REQUIREMENTS: RESIDENTIAL USE (6 OR FEWER UNITS) 1 Number Dwelling Minimum Number of Minimum Access Width Minimum Pavement Width Units/Lots Driveways Required 1 or 2 1 15' 10' 3 -6 1 20' 20' • RESPONSE: The lans demonstrate the design of a 20 f p g 0 eet wide access private drive which conforms with Table 18.705.1. 1 3. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code; ' • RESPONSE: The Deputy Fire Marshal has reviewed the access layout and advises that, although the turnout does not conform to the dimensions of an acceptable hammerhead alternative, dwellings with fire suppression or sprinklers will be acceptable. An existing fire hydrant is located across the entrance ' in front of 14048 SW Fanno Creek Road and the SITE DIMENSION PLAN, Sheet C3, shows 486 feet fire hose laying length. Additionally, "NO PARKING" signs are located on behind curbs on both sides of the access. Maintenance of the private drive will be accomplished through a Home Owner's Association (HOA) assessment made as a part of the CC&R's, a copy of which will be recorded and made a part of final plat conditions. 4. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around 1 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; c. The maximum cross slope of a required turnaround is 5 %. • RESPONSE: The length of the private drive is 308 feet (335 feet from Fanno Creek Rd. centerline) which exceeds the 150 feet maximum length without a fire turnaround, therefore Option (b.) is utilized due to project geometry. As stated in Deputy Fire Marshal John Dalby's e-mail response to project review, the turnout of the private street is not in conformance with the "acceptable alternative to 120' hammerhead with each leg of the turnaround extending 70 feet ". Mr. Dalby explains that installation of an automatic sprinkler system in each dwelling will be an acceptable alternative. The owner accepts the condition to . provide fire system sprinkler in accordance with NFPA 13 in each new dwelling. The cross slope is 3.5 %. Mr. Dalby's e-mail dated March 5, 2008 confirms the fire hydrant located across Fanno 1 Creek Road is sufficient for the project. 5. Vehicle turnouts, providing a minimum total driveway width of 24 feet for a total 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. 1 • RESPONSE: The proposed 20 feet width allows passenger cars (8 feet wide) to pass and the infrequency of opposing traffic of larger vehides does not warrant need for turnouts. L. Director's authority to restrict access The Director has the authority to restrict access when the need to do so is 1 dictated by one or more of the following conditions: 1. To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would: a. Cause or increase existing hazardous traffic conditions; or b. Provide inadequate access for emergency vehicles; or ' Page 12 of 24 1 • . ' c. Cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety and general welfare. ' • RESPONSE; The City has directed, through the pre- application process, that the owner seal off the existing access at Hall Blvd. and redirect all traffic to the Fanno Creek Road right of entry. Once the driveway approach is installed at Fanno Creek Road and the private street is constructed, the curb drop ' and concrete approach on SW Hall Blvd, will be removed along with the asphalt drive portion in the state right -of -way. Additionally, the signal pole and dual signal heads will be removed on the northwest corner of the McDonald /Hall intersection (signals facing the driveway) and the loop detectors buried in the driveway. A matching concrete curb and gutter and 10 feet wide sidewalk will replace the removed portion of driveway approach. The area void of asphalt within the right -of -way will be restored with Deer fern (Blechnum spicant) groundcover or approved equal. This restriction is in response to condition (1.c.) wherein there is an existing clear hazardous condition because drivers approaching from the west on McDonald Street visualize the intersection as a "Tee" intersection. Seeing a vehicle trying to leave the project site confuses the McDonald traffic and the other drivers traveling north and south on Hall because they do not realize the private driveway vehicles have a lighted signal directing their movement. Directing all project traffic and the 13990 SW Hall (abutting neighbor) traffic to Fanno Creek Road is an attractive altemative by redirecting ingress /egress from a very busy arterial road to a local street. ' Chapter 18.745 Landscaping and Screening 18.745.020 Applicability ' A. Applicability. The provisions of this chapter shall apply to all development including the construction of new structures, remodeling of existing structures where the landscaping is nonconforming (Section 18.760.040.C), and to a change of use which results in the need for increased on -site parking or loading requirements or which ' changes the access requirements C. Site plan requirements. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. • RESPONSE; Sheet C3, "SITE DIMENSION PLAN' depicts five (5) medium sized street trees, 25 to 40 feet tall, along the private street frontage at 30 -ft to 35 -ft. centers. Sheet C8, "SW HALL BOULEVARD IMPROVEMENT PLAN " accurately depicts the drip line of the two protected Black Walnut trees. Consequently, five (5) small 25 feet tall trees on 20 feet centers are shown at the back of walk and spaced to avoid shade of the existing trees. 1 18.745.040 Street Trees A. Protection of existing vegetation. All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.0 B. Street tree planting list, Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director. • RESPONSE; As clarified in narrative Chapter 18.370, Variances and Adjustments , the existing 16" diameter Black walnut tree is scheduled to serve as a street tree along Hall Blvd. The five additional trees selected along SW Hall Blvd. are American Hornbeam (Carpinus betulus). The five trees along the private street are Pacific dogwood, (Comus nutta / /ii). The trees selected for this project are on the City of Tigard Street Tree List. 1 Page 13 of 24 ' • • I 18.745.050 Buffering and Screening A. General provisions. ' 2. Buffering and screening is require to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by right -of -way, buffering, but not screening, shall be required as specified in the matrix; • RESPONSE: Uses to the north and east and south of the project are single detached units, the same use as the project, which require no buffer or screening. B. Buffering and screening requirements. 4. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Table 18.745.1. ' • RESPONSE: Per Table 18.745.1, "Buffer Matrix", proposed detached single - family units abutting detached single family units requires no level of buffering. 18.745.60 Re- vegetation ' A. When re- vegetation is required. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. 1 • RESPONSE: Note 26 of the erosion control plan addresses exposed cuts and fills at completion of construction and directs the construction activities to include replanting with a lawn grass seed. I Chanter 18.765 Off -Street Par*ina and Loadin4 Reanirements 18.765.030 General Provisions A. Vehicle parking 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. ' • RESPONSE: The "SITE DIMENSION PLAN',' Sheet C3, and the "GRADING PLAN; Sheet C4, illustrates the single driveway ingress /egress for garage access. B. Location of vehicle parking. The location of off - street parking will be as follows: 1. Off-street parking spaces for single- family... dwellings shall be located on the same lot with the dwelling; • RESPONSE: The residential layout will allow for two (2) vehides in each garage and two (2) vehicles parked in the 20 -ft. wide driveways for Lots 1, 2 and 3. Parking in the 12 -ft. wide driveway on Lot 4 allows for one parked vehicle. 1 18.765.040 General Design Standards B. Access drives. With regard to access to public streets from off - street parking: 1. Access drives from the street to off-street parking or loading shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; 4. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; 5. Access drives shall be improved with asphalt or concrete surface; • RESPONSE: The 20 -ft. wide asphalt -paved access provides for safe two -way traffic flow while a 6 -inch ' exposed curb provides for visual demarcation of the pedestrian sidewalk and a safety barrier. Per the direction of the Tualatin Fire & Rescue review, "NO PARKING" signs will be placed on both sides of the 1 Page 14 of 24 1 • • I access and provisions will be made for an enforcement process of illegal parked cars through the Home Owner's Association's Conditions, Covenants and Regulations (CC&Rs). I Altering the fence separating the project and the neighbor to the north, 13985 SW Fanno Creek Road, along with pruning their tree will provide vision clearance, measured in accordance with Chapter 18.795. 1 Chapter 18.780 Sians 18.780.130 Zoning District Regulations 3. Every platted subdivision shall be allowed one permanent, freestanding sign at each entry point to the I subdivision from the public right -of -way, with the site properly landscaped and not exceeding 32 square feet per face in area. Illumination may be approved as long as it does not create a public or private nuisance, as determined by the Director considering the purpose of the zone; I • RESPONSE: No signage is contemplated for this development. I Chapter 18.790 Tree Removal 18.790.030 Tree Plan Requirement A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist I shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. 1 • RESPONSE: David D. Hunter, Registered Certified Arborist #408, performed a tree identification /inventory, tree removal plan, tree preservation plan and a "Guidelines for Protection of I Trees on Construction Sites ". B. Plan requirements. The tree plan shall include the following: t 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; • RESPONSE: '7HE TREE INVENTORY & TREE PRESERVATION /MITIGATION PLAN', Sheet C7, shows I location, species, size in inches and canopy cover. No significant trees have been identified by the City. The plan also shows trees to be preserved and trees to be removed with a tree inventory table indicating: 1 TREE INVENTORY SUMMARY 1 TREE INVENTORY & TREE PRESERVATION/MITIGATION PLAN (SHEET C7) NO. TREES PERCENTAGE NO. TREES PERCENTAGE TOTAL NO. TREES >12" >12" CALIPER -INCH t >12" TO BE TO BE >12" >12" TREES TO BE REMOVED REMOVED PROTECTED PROTECTED REMOVED 5 3 60% 2 40% 130 INCHES 1 Inventoried trees include: I TREE NO. SPECIES DIA. (DBH) CANOPY CONDITION REMOVE 1 Cherry 8" 10' Fair Yes 2 Black Walnut 18" 48' Fair No I 3 Black Walnut 16" 35' Poor No 4 Horse Chestnut 55" 75' Fair Yes 5 Big Leaf Maple 58" 120' Fair Yes 1 Page 15 of 24 1 • • I 6 Engelmann Spruce 11" 25' Fair No 7 Engelmann Spruce 6" 30' Poor No 8* Colorado Blue Spruce 29" 60' Fair Yes 9 Hawthorn 10" 35' Poor Yes I 10 Plum 7" 24' Fair Yes 11 Holly 7" 20' Fair Yes 12 Flowering Dogwood 7" 30' Fair Yes I 13 14 Apple 9" 20' Poor Yes Western Red Cedar 17" 30' Poor Yes 15 ** Cherry 13" 20' --- Down 1 * HAZARDOUS SPRUCE TREE EXCLUDED FROM INVENTORY — LARGE LOWER BRANCH SHEARED OFF FROM TRUNK AND CRASHED DOWN ON 09/07. OTHER BRANCHES VULNERABLE ** 13" DIAMETER FRUIT TREE EXCLUDED FROM TREE MITIGATION I 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following I standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: b. Retention of 25% to 50% of existing trees over 12 inches in caliper requires that two -thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D. • RESPONSE: As indicated in the above table, 60% of trees larger than 12 -inch diameter have been I scheduled for removal; therefore a mitigation plan requiring a two- thirds (67 %) factor for replacement per 18.790D.Guidelines for replacement or payment to the City per 18.790E., In lieu -of- payment is necessary. 1 3. Identification of all trees which are proposed to be removed; 1 • RESPONSE: All trees scheduled for removal have been identified on the revised TREE INVENTORY & TREE PRESERVATION /MITIGATION PLAN, Sheet C7, with circled symbols. 4. A protection program defining standards and methods that will be used by the applicant to protect trees 1 during and after construction. • RESPONSE: The arborist has provided a "Guidelines for Protection of Trees on Construction Sites" 1 report and Sheet C7 includes "Tree Removal and Protection Notes" and "Construction Sequence" notes. 18.790.060 Illegal Tree Removal I D. Guidelines for replacement. Replacement of a tree shall take place according to the following guidelines: 1. A replacement tree shall be a substantially similar species taking into consideration site characteristics. E. In lieu -of- payment In lieu of tree replacement under Section D above, a party may, with the consent of the I Director, elect to compensate the City for its costs in performing such tree replacement. • RESPONSE: The owner proposes to submit an in lieu payment for removal of trees exceeding 12 I inches in breast height diameter based on an administrative rule of $ 125.00 per caliper inch at the following rate: Tree 4, 55 -inch Horse chestnut: $125.00 x 55 x 0.67 = $ 4,606.25 I Tree 5, 58 -inch Big Leaf Maple: $125.00 x 58 x 0.67 = $ 4,857.50 Tree 14, 17 -inch Western Red Cedar: $125.00 x 17 x 0.67 = $ 1,423.75 Total tree mitigation in -lieu fee is $ 10.887.50 considering Tree 8, the Colorado Blue Spruce is a I hazardous tree not requiring mitigation and Tree 15, a cherry fruit tree not requiring mitigation. Tree 2, an 18" Black walnut, and Tree 3, a 16" Black walnut, are scheduled for preservation and protection. 1 Page 16 of 24 • 1 Chanter 18.795 Visual Clearance Areas 18.795.030 Visual Clearance Requirements ' A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence and wall structure or temporary or permanent obstruction exceeding three feet in height, measured from the top of the curb, except that trees exceeding this height may be located in this area. Provided all branches below eight feet are removed. 18.795.040 Computations B. Non - arterial streets. 1. Non - arterial streets 24 feet or more in width. At all intersections of two non - arterial streets, a nonarterial street and a driveway, and a non -arterial street or driveway and railroad where at least one of the streets or ' driveways is 24 feet or more in width, a visual clearance area shall be a triangle formed by the right -of -way or property lines along such lots and a straight line joining the right -of -way or property line at points which are 30 feet distance from the intersection of the right -of -way line and measured along such lines. • RESPONSE: Sheet C3, SITE DIMENSION PLAN, demonstrates the clear vision area or `visual cone" at the intersection of the private drive and Fanno Creek Road. The visual cone is 30 ft along each side of the right -of -way and setback 30 ft. from row line to centerline of drive. There is no visual obstruction within the sight line at 14041 SW Fanno Creek Road (to the south). There is a 5 -ft. high wood fence along the north edge of the drive, which will be modified to three feet high within the visual cone. 1 • Chanter 18.810 Street and Utility Improvement Standards 18.810.030 Streets A. Improvements. 1. No development shall occur unless the development has frontage or approved access to a public street. • RESPONSE: Each lot has direct access to the public street (SW Fanno Creek Road) via the private ' street. 2. No development shall occur unless streets within the development meet the standards of this chapter. • RESPONSE: The 20 -ft. wide private street conforms to the requirements of 18.810.030.T. Private streets serving four (4) new lots within the development plus one (1) adjoining lot (13990 Hall Blvd.) ' and the Engineering staffs direction to include a 5 -ft. wide sidewalk. ' 6. The standards of this chapter include the standard specifications adopted by the City Engineer pursuant to Section 18.810.020.B. ' • RESPONSE: The City of Tigard Public Improvement Design Standards will guide all design elements of this project. ' 7. The approval authority may approve adjustments to the standards of this chapter if compliance with the standards would result in an adverse impact on natural features such as wetlands, steep slopes, or existing mature trees. 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. • RESPONSE: The project proposes an adjustment for an existing 16-inch Black walnut near within the Hall Boulevard right -of -way to serve as a street tree in accordance with Chapter 18.370.020.C.6.a. and submits this revised narrative with the $154.50 (reduced from $309) ' Page 17 of 24 ' • • ' B. Creation of rights -of -way for streets and related purposes. Rights -of -way shall be created through the approval of a final subdivision plat or major partition; ' • RESPONSE: No right -of -way or public street is necessary for access. A 2 feet dedication is provided across the 30 feet wide street frontage on SW Fanno Creek Road for 27 feet from centerline. C. Creation of access easements. The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can be created: 2. Access shall be in accordance with Sections 18.705.030H, access management and 18.705.030I, minimum access requirements for residential use. • RESPONSE: No access easements are requested; the private drive is within a Tract "A ". The ' standards for 18.705.030H and 18.705.030I are addressed above in Chapter 18.705 Access and Egress and Circulation ' D. Street location, width and grade. Except as noted below, the location, width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of ' the land to be served by such streets: • RESPONSE: As demonstrated in the centerline profile on the Grading Plan, Sheet 4, the finish grades ' of the private drive provide for minimum impact on surrounding elevations and the existing curb and street grades along SW Fanno Creek Road. ' E. Minimum rights -of -way and street widths. Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street, street right -of -way and roadway widths shall not be less than the minimum width described... ' • RESPONSE :The 20 feet wide of pavement from curb to curb along the private drive is in conformance with the standards of 18.810.030T. Private streets and the pre - application conference notes, ' Engineering Section. F. Future street plan and extension of streets. 1. A future street plan shall: ' a. Be filed by the applicant in conjunction with an application for subdivision or a partition. • RESPONSE: The project is surrounded by mature neighborhoods including the Colony Creek Estates ' subdivision to the south (1979), Finley Park (1993) and Bridgepark (1994) to the north precluding any future street connectivity. In fact, the access to Hall Blvd. is slated for closure to eliminate any east - west connectivity. ' G. Street spacing and access management. ' • RESPONSE: Refer to the Access Management Report, which accompanies this narrative. H. Street alignment and connections. ' • RESPONSE: A street connection to SW Hall Blvd. is prohibited; north south connectivity is precluded because of existing subdivision lots. ' Page 18 of 24 1 • 4 ' I. Intersection angles. • RESPONSE: The private drive intersects the Fanno Creek Road right -of -way at 90° 02' 56" with a 300+ feet tangent length. J. Existing rights - of - way. ' • RESPONSE: A 2 feet dedication along the street frontage of Fanno Creek Road fufills the 27 feet right - of -way to centerline requirement. K. Partial street improvements. • RESPONSE: No pavement width Tess than 20 feet is contemplated. ' L. Cul - sacs. • RESPONSE: This standard does not apply. M. Street names. ' • RESPONSE: A street name, approved by the County surveyor will be chosen upon current planning approval of the subdivision application and prior to final plan submittal. N. Grades and curves. • RESPONSE: The private street has a 11.00% grade leading to a 5% grade for 50 feet. 0. Curbs, curb cuts, ramps, and driveway approaches. 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; • RESPONSE: Curb cuts and concrete driveway approaches will be constructed in accordance with the ' Public Improvement Design Standards including Drawing 120, Concrete sidewalk; Drawing 125, Standard Curb; and Drawing 142, Standard Driveway P. Streets adjacent to railroad right - of - way. • RESPONSE: There is no adjacent railroad right - of - way. Q. Access to arterials and collectors. • RESPONSE: In conformance with this Code requirement, the existing access to Hall Blvd. will be ' closed. All lots will be provided access to SW Fanno Creek Road. R. Alleys, public or private. ' • RESPONSE: No alley is proposed. This standard does not apply. PP . Y ' S. Survey monuments. • RESPONSE: The developer's registered surveyor will set interior monuments. All exterior monuments 1 • have been found and will be protected or reestablished. Page 19 of 24 1 • • T. Private streets. 1. Design standards for private streets shall be established by the City Engineer; and 2. The City shall require legal assurances for the continued maintenance of private streets... ' • RESPONSE: The City Engineer's representative set forth the private street design standards during the pre - application conference. A recorded maintenance agreement will be created and made a part of the HOA to insure continued maintenance. ' U. Railroad crossings. • RESPONSE: The project does not impact a railroad crossing. The standard does not apply. V. Street signs. ' • RESPONSE: The developer will reimburse the City for costs of all street signage. W. Mailboxes • RESPONSE: A copy of the site plan will be provided to Josh Mendoza, Tigard Post Office supervisor, and a cluster mailbox placed upon his recommended location. ' X. Traffic signals. • RESPONSE: A traffic signal post and mast arm with two signal heads located at the northwest corner of Hall Blvd. /McDonald Avenue will be dismantled. The signal faces the existing private driveway and controls egress from the site for both 14010 SW Hall Blvd. (the project site) and 13990 SW Hall Blvd., ' the adjacent neighbor to the north. The loop detectors will be removed and the controller reprogrammed by ODOT. Y. Street light standards. • RESPONSE: Street luminaries are provided on the private street as depicted on the SITE DIMENSION PLAN, Sheet C3. Preliminary design indicates a 70 watt luminaire on a 25 -ft. pole at Sta. 0 +22 Rt. and also at Sta. 2 +45 Lt. 1 AA. Street cross - sections. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final City acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the City Engineer. 1. Sub -base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphaltic concrete; 4. The final lift shall be Class C asphaltic concrete as defined by A.P.W.A. standard specifications; and 5. No lift shall be less than 1 -1/2 inches in thickness. • RESPONSE: Street sections removed to accommodate curb cuts will be repaired to match existing street structural sections. AB. Traffic calming. 1 • RESPONSE: It is not anticipated traffic calming measures will be required. AC. Traffic study. 1. A traffic study will be required for all new or expanded developments under any of the following circumstances: ' Page 20 of 24 1 • • a. when they generate a 10% or greater increase in traffic... b. ADT trips added by development [exceed] 2,000 vpd • RESPONSE: With a projected 50 vehicle trips per day, a traffic study is not required for this development. ' 18.810.040 Blocks A. Block design. 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. B. Sizes. 1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the centerline of the streets... • RESPONSE :The proposed subdivision will only have one point of access due to existing development. Therefore no blocks will be formed with this development. 18.810.050 Easements ' A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development traversed by a watercourse, or drainageway, there shall be provided a storm water easement or drainage right -of -way conforming substantially with the lines of the watercourse. • RESPONSE: All necessary or required easements will be perfected and recorded. r B. Utility easements. A property owner proposing a development shall make arrangements with the City, the applicable district and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The City's standard width for public main line utility easements shall be ' 15 feet unless otherwise specified by the utility company, applicable district, or City Engineer. • RESPONSE: Services for electrical, communications, gas and tv cable will be a part of the engineering ' design with appropriate easements. 18.810.060 Lots A. Size and shape. Lot size, width, shape and orientation shall be appropriate for the location of the development and for the type of use contemplated, and: 1. No lot shall contain part of an existing or proposed public right -of -way within its dimensions; • RESPONSE: No Tots will be created which includes any portion of a tract or public right -of -way. 1 18.810.070 Sidewalks A. Sidewalks. All... private streets shall have sidewalks meeting City standards along at least one side of the street. • RESPONSE: A 5 -ft. wide concrete sidewalk, conforming to Drawing 120, has been designed along the south side of the private street and within the Tract "A ". B. Requirement of developers. 2. If there is an existing sidewalk, on the same side of the street as the development, within 300 feet of a development site in either direction, the sidewalk shall be extended from the site to meet the existing sidewalk... Page 21 of 24 1 • • I • RESPONSE: A 10 -ft. wide concrete walk exists along SW Hall Blvd. on the same side of the street as the development. A 5 -ft. wide sidewalk exists along SW Fanno Creek Road on the development side of the street. No extension is necessary. 1 C. Planter strip requirements. A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: there is inadequate right-of- w ay; the curbside sidewalks already exist on predominate portions of the street; it would conflict with the utilities, there are significant natural features (large trees, water features. Significant habitat areas, etc.) that would be destroyed if the sidewalk were located as required... I • RESPONSE: The Pre - application conference notes, Engineering Section, directs that an "8 -foot concrete sidewalk with 5 foot planter strip" will be necessary along SW Hall Boulevard. However, the existing curbside sidewalk already exists on a predominant portion of the street (the walk extends I 400+ feet to the north) and the existing 16" diameter Black Walnut tree (no. 3) is only 7 feet from the back of walk. Reconstruction of the walk would destroy the tree. Therefore, the existing sidewalk is slated to remain as is with a modification at the driveway access. 18.810.080 Public Use Areas A. Dedication requirements. I 1. Where a proposed park, playground or other public use shown in a development plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the I park system. • RESPONSE: No park, playground or other public use is intended for this project. 1 18.810.090 Sanitary Sewers A. Sewers required. Sanitary sewers shall 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 I Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. I • RESPONSE: Sanitary sewer laterals are indicated on the Utility Plan, Sheet C6, connecting each lot to a sewer main. I 18.810.100 Storm Drainage A. General provisions. The Director and City Engineer shall issue a development permit only where adequate provisions for storm water and flood water runoff have been made, 1 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; I • RESPONSE: A storm drain system is shown on the Storm Drain Plan, Sheet C5, with an infiltration system including porous pavement and an infiltration bed. An overflow system leads to Fanno Creek Road and a new 12" storm drain will be constructed to Colony Creek Court. 1 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; 1 • RESPONSE: No surface runoff will be carried across any intersection from this project. 3. Surface water drainage patterns shall be shown on every development proposal plan. 1 • RESPONSE: Surface water drainage patterns are shown on the Existing Conditions Map, Sheet C2. 1 Page 22 of 24 • • D. Effect on downstream drainage. 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments). • RESPONSE: Storage of additional runoff will be achieved with the infiltration bed. I 18.810.110 Bikeways and Pedestrian Pathways y A. Bikeway extension. 1. As a standard, bike lanes shall be required along all arterials and collector routes... • RESPONSE: SW Hall Blvd., a Major Arterial, presently has a demarcated bike lane. 1 18.810.120 Utilities A. Underground 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, • RESPONSE: All on - site utilities will be installed underground. B. Information on development plans. The applicant for a development shall show on the development plan or in the explanatory information, easements for all underground utility facilities, and: 1. Plans showing the location of all underground facilities as described herein shall be submitted to the City ' Engineer for review and approval; and 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. • RESPONSE: Approved engineering plans will be submitted to Portland General Electric for underground design and pad mount transformer locations. When PGE plans are received back, copies L will be sent to communications and gas company for services provided in common trenches. D. Fee in - lieu of undergrounding. r • RESPONSE :The developer will pay a fee in -lieu of for any necessary moving existing overhead utilities to underground within the public right -of -way. 1 18.810.130 Cash or Bond Required A. Guarantee. All improvements installed by the developer shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City Council. B. Cash deposit or bond. 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. C. Compliance requirements. The cash or bond shall comply with the terms and conditions of Section 18.430.090. • RESPONSE: Developer agrees to rform all surety ety nrq uirements. I 18.810.140 Monuments A. Replacement required. Any monuments that are disturbed before all improvements are completed by the subdivider shall be replaced prior to final acceptance of the improvements. 1 ' Page 23 of 24 1 • • ' • RESPONSE: All interior and exterior monuments will be replaced as necessary prior to final acceptance. it 18.810.150 Installation Prerequisite A. Approval required. No public improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans have been approved by the City, permit fee paid, and permit issued. 1 • RESPONSE: Engineering plans will be submitted for review and approval upon planning approval roval of the project. No construction will begin until permits are secured. I 18.810.160 Installation Conformation A. Conformance required. In addition to other requirements, improvements installed by the developer either as a ' requirement these regulations or at his own option, shall conform to the requirements of this chapter and to improvement standards and specifications followed by the City. B. Adopted installation standards. The Standard Specifications for Public Works Construction, Oregon Chapter A.P.W.A., and Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) shall be a part of the City's adopted installation standard(s); other standards may also be required upon recommendation of the City Engineer. • RESPONSE: All public and private improvements will conform to the requirements of the City of Tigard Public Improvement Design Standards, The Residential Building Code, Clean Water Services R &O 07- 1 20, Design and Construction Standards for Sanitary Sewer and Surface Water Management, the Tualatin Valley Fire & Rescue requirements and City of Tigard Water Department. END OF NARRATIVE 1 1 1 1 1 1 1 1 Page 24 of 24 1 40, 110 ATTACHMENT 4 APPLICATION 1 FOR ' 4 -LOT SUBDIVISION "ROSEWOOD COURT" 1 14010 S.W. HALL BOULEVARD TM 2S1 12BB TAX LOTS 200 & 201 • 1 ' TIGARD, OREGON 97223 1 January 8, 2008 Revised July 8, 2008 1 Presented to: CITY OF TIGARD PLANNING DIVISION 13125 S.W. HALL BOULEVARD TIGARD, OREGON 97223 • Prepared by: VIC ACCOMANDO, CONSULTING ENGINEER 16750 SW TIMBERLAND DRIVE BEAVERTON, OREGON 97007 Contact Vic Accomando, P.E. Phone: 503 -320 -5766 Fax: 503 - 259 -9508 1 RECEn/ED 1 JUL 2 5 LON C t' 07' 1 a:;!' :A7) 'np115 1 1 • • TABLE OF CONTENTS City of Tigard Planning Division Land Use Permit Application (signed) Vicinity Map 1 Written Summary of Proposal ' Affidavit of Mail /Posting Neighborhood Meeting Notice Neighborhood Meeting Sign -in Sheet Neighborhood Meeting Minutes 1 Proposal Narrative Impact Study ' Clean Water Services — Service Provider Letter Preliminary Storm Drain Report Access Management Plan Pre - application Conference Notes Pre- application Conference Notes — Engineering Section Arborist Report TVF &R e-mail Response Copy of Statutory Special Warranty Deed ' Reduced Site Development Drawings 1 1 1 1 1 1 1 Vicinity Map • • MME i — — — — — MO OM — — I OM MEN ale • . . _ - I • y r ` SW , BEVEL,gNO ► • Sh - , s� - - R D- SW � ' 3 GONZAGA 1j r ST 1 a ST ` ` Il e - - -- SW HAMP 000 6 99W PSG �'. • r SW 277 . / • CRESTVIEW " ',. � •� - - - - -- ' SW I _ VARNS \ .. y r - - ST - ..% ,,....- I'' (... • o s , r , .___,/ • ,.. , 1 • c..., ,,-- -, ___. ., ,, 1 r..... I SW m ` I v) _ - - -- -- - LNJ .I (ST _ Q SW = - 1 .,-/-• NI L LV I EW l. I • I CT -- 3 -- - - - - -- j• —;,, 1 , , SW CHAR CT SW .. - I ; T i I I N I - - , - - LN II -w1 , • TER I ! — —1 — — 1 " . — 1 . • L WEAVER WY - • ST 1 SW -INEZ . I SW INEZ ST Vicinity . . -- - - - -- - Map - — PEMBROOK ST, Q PINEBROOK .._ ._ ______ ____ ___.. . Written Summary of Proposal II am m I 1 • • WRITTEN SUMMARY OF PROPOSAL 1 For "ROSEWOOD COURT" 1 4 -LOT SUBDIVISION 1 14010 S.W. HALL BOULEVARD TAX MAP 2S1 12BB, TAX LOT 200 & 201 1 TIGARD, OREGON 97223 REVISED July 8, 2008 I The project intends to develop a 37,000 square feet single - family residential parcel into a 4-lot subdivision conforming to the R -7 medium - density residential district. The site is comprised of a rectangular 0.75 -acre parcel addressed as 14010 SW Hall Blvd. adjacent to a 0.10 -acre L- shaped parcel with a 30 feet wide I "Flagpole" leading to SW Fanno Creek Road. Both parcels are under the same ownership. Although not a participant in the project, the parcel abutting the site to the north, 13990 SW Hall Blvd. shares the Hall Blvd. access and holds access and utility easements across the project area. 1 This Type II subdivision application is submitted with a Type I request for an adjustment to use an existing tree to meet street tree requirement and responds to a pre- application conference held August 23, 2007 I directing the design team to dose the present access on Hall Blvd. and construct a 20 feet wide private street access through the 30 feet "flagpole" leading east to SW Fanno Creek Road. The private street, 335 feet in length with 20 feet curb to curb and a 5 feet wide sidewalk, will provide frontage for the 4 new lots and I provide access for the 13990 Hall Blvd. parcel. The private street will occupy Tract "A" with a public utility easement described encompassing the entire tract. I Utilities serve the site with a City of Tigard Water department 4" water main and an 8" sanitary sewer already stubbed into the 30 -ft. flagpole. An existing fire hydrant across the street at Fanno Creek Road near Char Ct. will adequately serve the new subdivision. . 1 The storm drain system will be composed of porous pavement with an infiltration bed and rain gardens to collect and treat roof runoff. A new 12" storm drain will be constructed in Fanno Creek Road connecting to an existing system near Colony Creek Court. After subtracting 60 sq. ft. for dedication and 10,915 sq. ft. for private street Tract "A" from the 37,012 sq. ft. I site, the net development area is 26,037 sq. ft. The 5,000 sq. ft. minimum lot size yields 5 lot for the subdivision. The minimum lots permitted, 80% of 5 yield 4 lots. The lot area of each of the 4 lots are: Lot = 1 5,861 sq. ft., Lot 2 = 5,906 sq. ft., Lot 3 = 5,95 sq. ft. and Lot 4 = 9,233 sq. ft. The average lot area is 6,523 sq. ft. which exceeds the minimum lot size of 5, 000 sq. ft. lots. An application for a demolition permit to remove the existing dwelling with basement from the site will be I made subsequent to subdivision current planning and engineering approval. A ODOT miscellaneous permit will allow removal of the existing access in the Hall Blvd. right -of -way. 1 END OF NARRATIVE Neighborhood Meeting • 1 INN MOM= IMMOM IMMENI ONO MI M E. M • IIM 1 • • AFFIDAVIT OF MAILING /POSTING NEIGHBORHOOD MEETING NOTICE IMPORTANT NOTICE: THE APPLICANT IS REQUIRED TO MAIL THE CITY OF TIGARD A COPY OF I THE NEIGHBORHOOD MEETING NOTICE THAT PERTAINS TO THIS AFFIDAVIT AT THE SAME TIME PROPERTY OWNERS ARE MAILED NOTICE, TO THE ADDRESS BELOW: City of Tigard Planning Division 13125 SW Hall Boulevard I Tigard, OR 97223 -8189 IN ADDITION, THE APPLICANT SHALL SUBMIT THIS AFFIDAVIT & COPIES OF ALL NOTICES AT THE I TIME OF APPLICATION. MAILING: ' I, VI d. s - d a o "'t 4..."..f a>v , being duly sworn, depose and say that on the " i� day of C�1V , 20 0 7 , I caused to have mailed to each of the persons on the attached list, a notice of a meeting to discuss a proposed development at (or near) pie / a 3e.0 /-4ifir t-- 6c.- "D , a copy of which notice so mailed is attached hereto and made a part of hereof. I I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office located at TC - -Ale 1 (1,E , I with postage prepaid thereon. L.: Z`...c:c i It / 6 0 I Signature (In the presence of a Notary Public) POSTING: I I, Vie AceovM 0 a , do affirm that I am ( represent) the party initiating interest in a proposed land use application for Arl - GT Suf3D /1/i p (DR/ affecting the land located at (state the approximate location(s) IF no address(s) and all tax lot(s) currently registered) /4/0 I v J c-c-- 66-g'tzl Z. 1 1 243 L Z.017 4- Zo / , and did on the /s day of t b ir' , 20 G 7 I personally post notice indicating that the site may be proposed for a i/- /5 /v't.. t land use application, and the time, date and place of a neighborhood meeting to discuss the proposaL The sign was posted at 6:: a.t TD S1-4J 6 t- Vp AA- L.r. T`) oJ- E A 7- 1 Sic.) i ea vat C / e-- c 1 A 13 (state location you posted notice on property) ' I Signature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) I STATE OF D o ) County of (,i?aS f n ) ss. 1 Subscribed and sworn /affirmed before me on the )(J day of Cb406 , 20 o `7 . r ,'�' OFFICIAL SEAL ) .: " MEGAN K M SEAL ) ) 1 ' a ;d NOTARY PUBLIC - OREGON 1 V COMMISSION NO.412442 r) ' Y COMMISSION EXPIRES DEC. 3. 2010 �,- � - OT ' e /' : LIC OF ORE G0 I c My Co . ssion Expires: \cutpin \masters \neighborhood meetings of mailing- posting neighborhood meetingdoe /' f " 3/ '� Page 5 NM nil NEI NM 1111111 UM MI NE MI MI EN UM MI NM MI MI UM NM IIM ,',:,;',-,„, ,:, -. --,,,,: ,,:,',,..,. ,: .."•.: - :: tc : : : .:,;i `..-^-, 1. ....1 , :„: :„:',- 1 ;:f,-,;: 4 ,k ,-,- i i i „ .: sr,1", -c. -;,, ,/, g ' ,.. ,,,,, ,. ,,..; ,,,,:.,: '2? ;:-_ .,' : P..:i. . -,..,., ..,,-.. -..,...,,•,;:;:;,?.,....„:--,:-,..:,-,...„..-:, NAME 400REM PRONE - PA 1 ,,/ . cc ) - c) --, .--, • 1: b (-) 12-. ..2."-c, 4. ...... ..' 4 ) /.....-, , • 1 -I A (' 1.--- /...../. ,.,-, ..... ,.> , .., ,..■.:.- / c r: ., , : / / .._, ,•%, ,..." i e- 1 / e c ,r____: :: __ . t . _.____L_______" \ . . , .----, 2 -;, 3 ' i -- ! , . . 1 , 1 ,)-7 c - - • • — • 1,... f- t t , „...-• ,.,.,-) , .736 : , .. lio, i , .:21 2 i /,, : ! 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Der2-2(),1 JAttAi. is-i AA' — cti)e: • - 7 . 0 A 1111 ft„e) A i A, rta, 1'44 ( / 7 ? -:) el 0 -. 1--1.A L-) cv/L./ P ( to ( - 7 :• - •in - rfri - 4- . .., 20.- CA. D eL0 pJO TO ia- c-tO(.) 1 . 6-1Q77 • re, c , k i LA,A1,-N4,,n_ (., .:7 8- ,s. ,..v1)> e? c...,-e. . ..,;....- ...) /A) - 7 - 0 e-fri" 1::, / 7? 4.. 0 -f-ri it? / /4 fi 7 Y S al/ /-'" 4) .--• • CA1144/ 4AM 0 ,,d' / 4.4- ( / a-9 15 ,„,„,0 , /is r room es,34-1-6,- - .5.06* -- pre,,,,..4., ....s ,,,,,,,I.,,,,.„, Al,i; SJA.OfF 1 / 4 11 , 1%-i 4. e.U Pt) ( 1011, 6.) 4, x ), ,, ,s 0 / (el c .1„.... A. e. ( 1 1 .. . • 1 Narrative • • IMI MN IME MI MIN NM INN 11.1 MN MMI INO MIN MIN INN NM EN • Mil MI 1 . • 1 PROPOSAL NARRATIVE For ' "ROSEWOOD COURT" 4 -LOT SUBDIVISION ' 14010 S.W. HALL BOULEVARD TAX MAP 2S1 12BB, TAX LOT 200 & 201 TIGARD, OREGON 97223 REVISED July 8, 2008 1 INTRODUCTION I This project proposes to subdivide a 0.85 -acre parcel into 4 lots for single - family detached homes. Presently, the site expands over Tax Map 2S1 12BB, Tax Lot 200, a 32,607 sq. ft. tract and Tax Lot 201, a 0.10 -acre fragmented parcel abutting Tax Lot 200, within the city limits of Tigard Oregon. The site prior to a required 2- 1 ft. dedication at the Fanno Creek Road right -of -way is 37,110 sq. ft. (0.85- acres). The developed site after dedication (65 sq. ft.) is 37,045 sq. ft. (0.85- acre). I The existing use of the parcels is an urban developed residential site addressed as 14010 SW Hall Boulevard, Tigard, Oregon 97223. The Oty of Tigard has designated the parcels as R -7 Medium - Density Residential District. I The property is located between SW Hall Blvd to the west and SW Fanno Creek Road to the east. The north property line intersects section comer: 211 The site is 0.22 mi. south of the new Tigard library. I 11112 The present access to the property is via a concrete driveway approach on SW Hall Blvd. directly opposite SW McDonald Avenue at the "tee" intersection of McDonald /Hall Blvd. The access also serves a neighboring home I to the north, 13990 SW Hall Blvd through a 15 -ft. wide recorded easement on the project site from the Hall Blvd. east right -of -way line to the section comer. Another 30 -ft. wide private access easement abuts the 15 -ft. wide easement and extends over the project site east to the Fanno Creek right -of -way. The City of Tigard has • directed that the concrete driveway approach and the paved driveway portion within the Hall Blvd, right -of- way be removed, closing traffic accessibility to the site. Instead, a 20 -ft. wide asphalt paved private street with a 5 -ft. wide sidewalk will provide all access from Fanno Creek Road to the four new homes and the neighbor's ' driveway. The neighbor vehemently opposes the closure of their access to Hall Blvd. but understands that this application for subdivision approval will proceed. ▪ EXISTING SITE CONDITIONS ANALYSIS 11 On -site assessment reveals a relatively flat site sloping from the 172 -foot elevation in the northwest to the 167 -foot elevation in the southeast. A steep ( -9.0 %) downgrade progresses through the 30-ft. wide portion of ▪ the site approaching Fanno Creek Road and SW Hall Blvd. is situated approximately 5 -feet above the site. A well maintained grass lawn surrounds a circa 1920 two-story house with separate garage/shop. Two mature black walnut trees are located near the Hall Blvd. r-o-w and two other broadleaf trees, a large chestnut and a I big leaf maple, shade the front yard. Several flowering trees including a dogwood and holly share the rear yard with apple, cherry and plum fruit trees. I The project is situated approximately 400 -ft. west of the Fanno Creek Riparian Setback and south of Pinebrook 1 of 23 Creek. There are no sensitive Ss on or near the ro'ect site, andi ard's WETLANDS and STREAM P ] �f9 CORRIDORS map shows no indication. Fema's Flood Insurance Rate (FIRM) map, no. 4102760517 C, indicates I the site is within Zone X, an area determined to be outside the 0.2% chance floodplain. PLANS REQUIRED ' COVER SHEET & VICINITY MAP A computer generated set of 24"x 36" drawings, including a Cover Sheet C1 with vicinity map. I EXISTING CONDITIONS MAP Sheet C2 depicts an existing conditions map with one -foot contours, existing trees 8" and larger, and public streets (SW Hall Blvd., SW Fanno Creek Road) with existing underground utilities. ' SITE DIMENSION PLAN Sheet C3 displays a site development plan indicating lot geometry and private street with dimensions. ' PRELIMINARY GRADING /EROSION CONTROL PLAN Sheet C4 depicts existing grade contours and proposed finished grades with spot elevations. Sheet C4 also directs the erosion and sedimentation control measures to be implemented prior to and during construction • activities. I PRELIMINARY STORM DRAINAGE PLAN Sheet C5 characterizes the proposed on -site storm drainage system with water quality and water quantity structures with off -site public storm drain construction in Fanno Creek Road to an existing system. 1 PRELIMINARY UTILITY PLAN Sheet C6 illustrates the existing and proposed utilities including sanitary sewer and domestic water resources. An existing fire hydrant is also displayed. TREE PRESERVATION /REMOVAL PLAN ' Sheet C7 depicts a tree inventory summary table, a tree protection plan and identifies trees in fair or poor condition as described by the project arborist with trees marked for removal. A separate arborist report (included with this application) provides a guideline for protection of trees on construction sites, SW HALL BLVD IMPROVEMENT PLAN Sheet C8 describes the proposed improvements to remove the existing portion of driveway within the ODOT I right -of -way, remove the curb drop /driveway approach and replace with refurbished sidewalk and 7 -inch curb exposure plus groundcover plantings replacing the removed asphalt. I CODE CHAPTER RELEVANT CRITERIA As defined in the Pre - application Conference Notes, this narrative is required to address pertinent Community Development Code Chapters and describe how the standard will be met. The following Chapters will be I chronicled with a response to demonstrate the standard has been met: Chapter 18.390 Decision- Making Procedures Chapter 18.430 Subdivisions Chapter 18.370 Variances/Adjustments ' Chapter 18.510 Residential Zoning Districts Chapter 18.705 Access/Egress/Circulation ' Chapter 18.715 Density Computations Chapter 18.745 Landscaping & Screening Standards Chapter 18.765 Off - Street Parking /Loading Requirements ' Chapter 18.780 Signs Chapter 18.790 Tree Removal Chapter 18.795 Visual Clearance Areas Chapter 18.810 Street & Utility Improvement Standards 2 of 23 ' • , • I Chapter 18.390 DECISION - MAKING PROCEDURES • 18.390.010 Purpose A. Purpose. The purpose of this chapter is to establish a series of standard decision - making procedures that will enable the I City, the applicant, and all interested parties to reasonably review applications and participate in the local decision - making process in a timely and effective way. Each permit or action set forth in Chapters 18.320 - 18.385 has been assigned a specific procedure type. TABLE 18.390.1 SUMMARY OF PERMITS BY TYPE OF DECISION - MAKING PROCEDURE • Type Permit/Land Cross - Reference(s) ▪ 1I (18.390.040) Subdivision Without Planned Development 18.430.070 1 Variances 18.370.010C Appeals to Hearings Officer 18.390.040G ' • RESPONSE: In accordance with /8.390.020 'Description of Decision Making Procedures ", and Table 18.390.1 SUMMARY OF PERMITS BY TYPE OF DECISION- MAKING PROCEDURES, this narrative ' accompanies a completed Land Use Permit Application for a Subdivision Without Planned Development, a Type II review. No application is made for Variance or Development Adjustments with this application. The applicant acknowledges the standing to appeal an administrative decision regarding 1 this application. 18.390.040 Type II Procedure I A. Preapplication conference. A preapplication conference is required for Type II actions. • RESPONSE: A pre- application conference was held with City of Tigard Planning representatives and Engineering Section personnel October 31, 2006 and again August 23, 2007. The pre - application ' conference provided materials to conduct a neighborhood meeting. As a result of the neighborhood meeting handout, all property owners within 500 feet were notified of the proposal for a subdivision development. A meeting was conducted on -site at 14010 SW Hall Blvd., October 30, 2007 from ' 6:OOpm to 7:30 pm with approximately 8 in attendance. Discussions focused on developing 4 single - family detached homes. Neighborhood Meeting Affidavits of Posting & Mail Notice, minutes of the meeting and sign -in sheets accompany this submittal. B. Application requirements. 1. Application Forms. Type II applications shall be made on forms provided by the Director as provided by Section 18.390.080 El; I 2. Submittal Information. The application shall: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action; c. Be accompanied by the required fee; d. Include two sets of pre - stamped and pre- addressed envelopes.... e. Include an impact study. ' • RESPONSE: A completed CITY OF TIGARD PLANNING DIVISION LAND USE PERMITAPPLIC477'ON accompanies this submittal. This narrative addresses relevant criteria in detail. • The required fee based on City of Tigard Land Use App /ications Fee Schedu /e, effective date 7/1/2007 is a total of: Source Fee o Subdivision Preliminary Plat without Planned Development $5,095.00 + $90.00 /lot Total $ 5,095 + 4 x $90 = $5,095 + $360 = $ 5,455.00 The fee is herewith submitted with this application. Page 3 of 23 ' • • I An amendment to this application narrative, in response to the Completeness Review letter dated February 4, 2008, includes an adjustment to use the existing 16 -inch Black walnut as a street tree, with the required fee of $154.50, which accompanies this revised narrative. 1 • Once the application package is deemed complete, the required (2) two sets of stamped and pre - addressed envelopes for all property owners of record within a 500 ft. radius of the site and CPO 4B as ' provided by City of Tigard supplied database will be submitted. • The application indudes an Impact Study under separate cover addressing the elements defined in ' 18.390.040.B.(e). • This paragraph shall serve as notification of concurrence with the requirements to dedicate (2) two feet 1 of right -of -way on SW Fanno Creek Road to provide 27 ft. from centerline. No dedication is required to comply with (50) fifty feet from centerline on SW Hall Blvd., as r-o-w width currently varies from 52.2 feet to 70.29 feet. Chapter 18.430 SUBDIVISIONS 18.430.020 General Provisions A. Approval through two -step process. An application for a subdivision shall be processed through a two -step process: the preliminary plat and the final plat. • RESPONSE: The Subdivision Application will include a preliminary plat depicting the proposed lot ' layout and private street geometry. Subsequently, the current planning and engineering approval conditions will be satisfied and construction of infrastructure will be completed leading to the submittal of the final plat for City review and Washington County Surveyor approval and recording. ' B. Compliance with ORS Chapter 92. ' • RESPONSE: The plat will conform with ORS Chapter 92, SUBDIVISIONS AND PARTITIONS, requiring the survey and plat made by a registered professional land surveyor and approval of the City. 1 C. Future re- division. ' • RESPONSE: The zoning requirements and the development of the surrounding neighborhood preclude future re- division. D. Lot averaging. • RESPONSE: The smallest lot size is 5,095 sq. ft. which exceeds the underlying zoning district ' requirement of 5,000 sq, ft. therefore lot averaging will not be necessary. E. Temporary sales office • RESPONSE :There will be no on -site office. F. Minimize flood damage. G. Floodplain dedications. 3. Determination of base flood elevation. • RESPONSE: The site is not within nor adjacent to the 100 -year floodplain. A base flood elevation of 141.0 has been determined within the special flood hazard area of Fanno Creek as evidenced by FEMA's Flood Insurance Rate Map 4102760517C at Cross Section "K" of the flood insurance study ' Page 4 of 23 ' • • ' near SW Char Court: Fanno Creek River Mile 3.41. 18.430.030 Approval Process I A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure. • RESPONSE :The Subdivision application requests a Type II review. B. Review of Final Plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure. • RESPONSE: The project surveyor will submit a final plat for review to the City and the County Surveyor for comments. The approved final plat will processed as a Type I procedure. 1 E, Phased Development. 1. The Approval Authority may approve a time schedule for developing a subdivisions in phases. 1 • RESPONSES: The project will be constructed in one effort, not in phases. 18.430.060 Adjustments Authorized A. Granting of adjustments. Adjustments to the subdivision regulations prescribed by this title may be authorized by the Director... • RESPONSE: This application does not request an adjustment. 18.430.070 Approval Criteria: Final Plat ' B. Approval criteria By means of a Type I procedure, the Director and the City Engineer shall review the final plat and shall approve or deny the final plat approval based on finding that: 1, The final plat complies with the preliminary plat... and all conditions of approval have been satisfied. ' 2. The streets and roads for public for public use are dedicated without reservation or restriction... 3. The streets and roads held for private use and indicated on the preliminary plat of such subdivision have been approved by the City; 4. The plat contains a donation to the public of all common improvements, including streets, parks, sewage disposal and water supply systems; 5. An explanation is included which explains all of the common improvements required as conditions of approval and are in recordable form and have been recorded and referenced on the plat; 6. The plat complies with the applicable zoning ordinance and other applicable ordinances and regulations; 7. A certification by the appropriate water district that water will be available to the lot line of each and every lot... 8. A certificate has been provided by the City's Engineering Department that a sewage disposal system will be ' available to the lot line of each and every lot... 9. Copies of signed deeds have been submitted granting the City a reserve strip as provided by Section 18.430.040B; and ' 10. The plat contains a surveyor's affidavit... • RESPONSE: (1) The final plat will comply with all conditions of approval, ' (2) The required dedication 2 -ft. of public right -of -way along the frontage of Fanno Creek Road has been met, (3) The access has been designed in accordance with the City of Tigard's standards for ' • private streets. (4) The sanitary sewer, the storm drain system and the supply system are described within a 20 -ft. public utility easement and a private access easement within the curb t face -to -face of the private street. (5) The standard Washington County plat format includes narrative and declaration describing common improvements. ' (6) The plat complies with the R-7 zoning ordinance and other regulations, Page 5 of 23 1 • • ' (7) A City of Tigard Water Service Area existing public 6" water main stub extends into the project from the Fanno Creek Road 8" main. A new 6" water main connects to the existing stub and extends to the westem -most lot. Corporation stops extend from the ' main to each lot terminating into a water meter box. (8) A public 8" sewer line extends into the project from a Fanno Creek Road 8" sewer main. A new 8" sewer main connects to the existing stub and extends to the western- , most lot 4. Individual 4" side sewer laterals extend from the main to each lot line. (9) There are no adjoining undeveloped properties. A reserve strip is not applicable. (10) The final plat bears a surveyor's affidavit and seal. 1 18.430.090 Bond A. Performance guarantee required As required by Section 18.430.080, the subdivider shall file with the ' agreement an assurance of performance... • RESPONSE: A surety bond will be placed. I 18.430.100 Filing and Recording B. Proof of recording Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded plat. • RESPONSE: A mylar plat will be famished to the City prior to issuance of building p ermits. • C. Prerequisites to recording the plat 1. No plat shall be recorded unless all ad valorem taxes and all assessments and fees have been paid. 2. No plat shall be recorded until it is approved by the County surveyor 1 • RESPONSE: The standard protocol of submitting a plat to the City and the County insures that all assessments are paid prior to recording. The County surveyor records the plat thus insuring their ' approval. Chapter 18.370 VARIANCES AND ADJUSTMENTS I 18.370.020 Adjustments C. Special adjustments 6. Adjustments to landscaping requirements (Chapter 18.745) ' a. Adjustments to use existing trees as street trees. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for the use of existing trees to meet the street tree requirements in Section 18.745.030 providing there has been no cutting and filling around the tree during construction which may lead to its loss... • RESPONSE: Although the project Arborist categorizes Tree #3 as poor, it was not earmarked for removal with an "X" in the tree inventory matrix table. It is preferred to preserve the 16 -inch diameter tree with its 30 -ft. canopy. The tree is proposed to serve as a street tree and there is no grading activity anticipated near the tree. 1 Chapter 18.510 RESIDENTIAL ZONING DISTRICTS 18.510.020 List of Zoning Districts ' E. R -7: Medium - Density Residential District. 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... 18.510.030 Uses A. Types of uses For the purpose of this chapter, there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, subject to all the applicable provisions of this ' Page 6 of 23 • • title. • RESPONSE :Table 18.510.1 catalogs a single - family detached housing type as a permitted use ' within the R -7 District in the use table. 18.510.040 Minimum and Maximum Densities B. Calculating minimum and maximum densities. The calculation of minimum and maximum densities is governed by the formulas in Chapter 18.715, Density Computations. ' • RESPONSE: The density computation is addressed in the narrative under Chapter 18.715, Density Computations. C. Adjustments Applicants may request an adjustment when... it is not possible to accommodate the proportional 1 minimum density... • RESPONSE: No adjustment is requested for density adjustment. I 18.510.050 Development Standards B. Development Standards Development standards in residential zoning districts are contained in Table 18.510.2 1 TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES ' STANDARD R - Minimum Lot Size - Detached unit 5,000 sq. ft. ' - Duplexes 10,000 sq. ft. - Attached unit [1] 5,000 sq. ft. ' Average Minimum Lot Width - Detached unit lots 50 ft. ' - Duplex lots 50 ft. - Attached unit lots 40 ft. Maximum Lot Coverage 80% [2] ' Minimum Setbacks - Front yard 15 ft - Side facing street on corner & through 10 ft ' lots -Side yard 5ft - Rear yard 15 ft - Side or rear yard abutting more 30 ft restrictive zoning district - Distance between property line 20 ft. and front garage Maximum Height 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 surface. 1 • RESPONSE: This project is a permitted use for the proposed four detached single - family residential homes. 1 Page 7 of 23 • 1 • • ' - Minimum lot size: 5,095 sq. ft. is the minimum size for the detached unit lot. Average lot width is 81.49 feet (Lot 1: 62.97 ft., Lot 2: 64.52 ft, Lot 3: 75.02 ft. and Lot 4: 123.48 ft = 325.97/4 = 81.49). ' - Maximum lot coverage of 80%: Considering a 510 sq. ft. driveway /sidewalk on Lot 3, a 5,095 sq. ft. lot, and the required setbacks, a maximum 1,932 sq. ft. foundation is allowed; still less that the 80% maximum allowed (4,076 sq. ft.). - Minimum setbacks are recognized throughout the lots, as the C3: site dimension plan shows. - Buildings will be limited to 35 ft. roof height. - Lots will provide a minimum of 20% landscape and groundcover. Minimum setbacks: - Front yard: A 15 feet front yard setback is recognized with a 20 feet dimension to garage. - Side yard minimum setback is 5 feet: There is no side yard fadng a street (Lot 4 has a rear yard facing Hall Blvd.). - Minimum Landscape Requirement, 20 %: Available landscape area is 9,681 sq. ft. or 53 %, ' measured as all pervious area in the net development area. Chapter 18,715 Density Comnutations I 18.715.020 Density Calculation 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. 1. All sensitive land areas: a. Land within the 100 -year flood plain; ' b. Land or slopes exceeding 25 %; c. Drainage ways; and • d. Wetlands. ' 2. All land dedicated to the public for park purposes; 3. All land dedicated for public right -of -way; 4, All land proposed for private street; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. • RESPONSE: ' (1) There are no sensitive lands within or near the legal description. (2) No lands are dedicated for park purposes. (3) A 30.04 -ft. x 2 -ft. dedication has been allotted to comply with the 27 feet from centerline ' requirement for Fanno Creek Road as explicated in the pre - application conference engineering notes. Dedication is not required along Hall Blvd. as the 52.2 -ft. wide right-of- -way varying to 70-ft. wide exceeds the 50-ft. wide requirement. The dedicated land is 60.08 sq. ft., herein calculated at 60.00 sq. ft. (4) Proposed private street area is measured at 10,915 sq. ft. using the "AREA" cadd command. (There is an existing house on the site but it is scheduled for demolition, so this provision is not 1 applicable. 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 required for each lot in the applicable zoning district. • RESPONSE: The legal description encompasses 37,012 sq. ft. land area. Subtracting the dedicated 60 sq. ft. and 10,915 sq. ft. for Tract "A ", the net development area is 26,037 sq. ft. Dividing 26,037 by 5,000 = 5 units. ' Page 8 of 23 ' ID C. Calculating minimum number of residential units The minimum number is 80% of the maximum... 1 • RESPONSE: 80% of 5 lots = 4 lots. The project proposes 4 lots. 18.715.030 Residential Density Transfer ' A, Rules governing residential density transfer. The units per acre calculated by subtracting land areas listed in Section 18.717.020 A. la —c from the gross area may be transferred... I • RESPONSE: No request is made for density transfer. Chanter 18.705 Access. Egress and Circulation ' 18.705.020 Applicability of Provisions D. Conflict with subdivision requirements, The requirements and standards of this chapter shall not apply where they conflict with the subdivision rules and standards of this title. • RESPONSE: The proposed access complies with this Chapter and does not conflict with 18.430, Subdivisions and the Approval criteria. 18.705.030 General Provisions B. 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. • RESPONSE: The Site Dimension Plan, Sheet C3, illustrates the ingress /egress provisions for the 4-lot subdivision with a private 20 -ft. wide private driveway at SW Fanno Creek Road. The existing access on ' SW Hall Blvd. will be closed. C. 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 1 combined requirements as designated in this title, provided: 1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and ' 2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. • RESPONSE: Easements have been recorded, for the benefit of 13990 SW Hall Blvd. (abutting neighbors to the north) that span across the project to afford access to Hall Blvd. and Fanno Creek Road. Copied of the instruments are provided for review of this application. As stated above, the City has directed that the concrete driveway approach (with curb drop) and the asphalt -paved driveway ' portion in the state right -of -way be removed and a concrete curb -and -gutter with a 10 -ft. wide sidewalk replace the removed approach. Furthermore, a vegetated groundcover will replace the removed asphalt portion of the existing driveway. In a meeting with the owners of the adjacent parcel holding the easements, it was stated that neither the City nor the State can extinguish the easements they currently enjoy however, the easements only ' affect the land described in the described metes and bounds on the properties. The easement does not have an influence on the survivability of the access portion within the public right -of -way and City of Tigard has directed that the access be closed. The neighbors stated they vehemently oppose closing of ' the Hall Blvd. access even though they will have access via Fanno Creek Road. Any further discussion of their reaction to the closing of the access is outside the scope of this narrative. Additionally, the asphalt driveway leading to the neighbor's home encroaches on the abutting 8570 SW Merlyne Court, ' 8536 Merlyne Court and 8514 Merlyne Court properties by as much as 4.7 -ft. The project proposes to contact the deed holders and offer to remove, at no cost to them, the trespass portion of asphalt and restore the fences during the grading phase of the project. ODOT states that a "miscellaneous permit" t is all that is needed to accomplish the access removal. Page 9 of 23 1 • • ' Because the closure does not affect the legal easements overlaying the site, the asphalt leading to Hall Blvd. within the project site will remain undisturbed. If the neighbors eventually relinquish the easement, the asphalt will be removed and soft landscape will be installed. D. Public street access All vehicular access and egress as required in Section 18.705.030H and 18.705.030I shall connect directly with a public or private street approved by the City for public use and shall be maintained at the ' required standards on a continued basis. • RESPONSE: A 20 ft. wide private street provides access to each of the four new lots and the existing adjacent property (13990 SW Hall Blvd.). The private street conforms to the requirements of the City t but falls short of conforming to fire district standards for turnarounds. The Deputy Fire Marshal states in their review that an acceptable altemative would be to install automatic sprinkler systems in dwelling. The owners accept the condition to provide sprinklers. F. Required walkway location On -site pedestrian walkways shall comply with the following standards: 3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be ' designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6 -inch vertical separation (curbed) or a minimum 3 -foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater ' than 36 feet if appropriate Landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; • RESPONSE: No required walkways cross parking areas. Separation for pedestrian traffic is provided with 6 -inch exposed concrete curbs. ' 4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft - surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. 1 • RESPONSE: The plan proposes 5 - ft. wide concrete walkways, which meet the standard. H. Access Management ' 1. An access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO (depending on jurisdiction of facility.) • RESPONSE: A separate access management report accompanies this submittal. ' 2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 ' feet, measured from the right -of -way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. ' If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. ' • RESPONSE: The access to Fanno Creek Road is located approximately 231 feet north of the intersection of Colony Creek Court and 680 feet south of the intersection of Hall Blvd. and Fanno Creek Road is a local street. Therefore this standard does not apply. ' 3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. ' Page 10 of 23 I III • • RESPONSE; There are no driveways accessing a collector or an arterial. This standard does not apply. 4. The minimum spacing of driveways along a local street shall be 125 feet. II • RESPONSE: The project is proposed for development within an existing block. The proposed private street accesses a local street. Therefore, this standard does not apply. S I. Minimum access requirements for residential use. 1. 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... 1 TABLE 18.705.1 VEHICULAR ACCESS/EGRESS REQUIREMENTS: III RESIDENTIAL USE (6 OR FEWER UNITS) Number Dwelling Minimum Number of Minimum Access Width Minimum Pavement Width Units/Lots Driveways Required IIII 1 or 2 1 15' 10' 3 -6 1 20' 20' III • RESPONSE: The plans demonstrate the design of a 20 feet wide access private drive which conforms with Table 18.705.1. 3. Private residential access drives shall be provided and maintained in accordance with the provisions of the I Uniform Fire Code; • RESPONSE: The Deputy Fire Marshal has reviewed the access layout and advises that, although the turnout does not conform to the dimensions of an acceptable hammerhead alternative, dwellings with fire suppression or sprinklers will be acceptable. An existing fire hydrant is located across the entrance in front of 14048 SW Fanno Creek Road and the SITE DIMENSION PLAN, Sheet C3, shows 486 feet fire hose laying length. Additionally, "NO PARKING" signs are located on behind curbs on both sides of II the access. Maintenance of the private drive will be accomplished through a Home Owner's Association (HOA) assessment made as a part of the CC&R's, a copy of which will be recorded and made a part of final plat conditions. Iii 4. 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 I I 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; 11 c. The maximum cross slope of a required turnaround is 5 %. • RESPONSE: The length of the private drive is 308 feet (335 feet from Fanno Creek Rd. centerline) I , which exceeds the 150 feet maximum length without a fire turnaround, therefore Option (b.) is utilized due to project geometry. As stated in Deputy Fire Marshal John Dalby's e-mail response to project review, the turnout of the private street is not in conformance with the "acceptable alternative to 120' I hammerhead with each leg of the turnaround extending 70 feet ". Mr. Dalby explains that installation of an automatic sprinkler system in each dwelling will be an acceptable alternative. The owner accepts the condition to provide fire system sprinkler in accordance with NFPA 13 in each new dwelling. The cross I slope is 3.5 %. Mr. Dalby's e-mail dated March 5, 2008 confirms the fire hydrant located across Fanno Creek Road is sufficient for the project. I 5. Vehicle turnouts, providing a minimum total driveway width of 24 feet for a total 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. 1 Page 11 of 23 • • ' • RESPONSE: The proposed 20 feet width allows passenger cars (8 feet wide) to pass and the infrequency of opposing traffic of larger vehides does not warrant need for turnouts. L. Director's authority to restrict access The Director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 1. To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would: a. Cause or increase existing hazardous traffic conditions; or b. Provide inadequate access for emergency vehicles; or c. Cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety and general welfare. • RESPONSE: The City has directed, through the pre - application process, that the owner seal off the existing access at Hall Blvd. and redirect all traffic to the Fanno Creek Road right of entry. Once the 1 driveway approach is installed at Fanno Creek Road and the private street is constructed, the curb drop and concrete approach on SW Hall Blvd, will be removed along with the asphalt drive portion in the state right -of -way. Additionally, the signal pole and dual signal heads will be removed on the northwest corner of the McDonald /Hall intersection (signals facing the driveway) and the loop detectors buried in the driveway. A matching concrete curb and gutter and 10 feet wide sidewalk will replace the removed portion of driveway approach. The area void of asphalt within the right - of-way will be restored with Deer fern (Blechnum spicant) groundcover or approved equal. ' This restriction is in response to condition (1.c.) wherein there is an existing clear hazardous condition because drivers approaching from the west on McDonald Street visualize the intersection as a "Tee" intersection. Seeing a vehicle trying to leave the project site confuses the McDonald traffic and the other drivers traveling north and south on Hall because they do not realize the private driveway vehicles have a lighted signal directing their movement. Directing all project traffic and the 13990 SW ' Hall (abutting neighbor) traffic to Fanno Creek Road is an attractive alternative by redirecting ingress /egress from a very busy arterial road to a local street. Chapter 18.745 Landscaping and Screening 18.745.020 Applicability A. Applicability. The provisions of this chapter shall apply to all development including the construction of new structures, remodeling of existing structures where the landscaping is nonconforming (Section 18.760.040.C), and to a change of use which results in the need for increased on -site parking or loading requirements or which changes the access requirements C. Site plan requirements. The applicant shall submit a site plan. The Director shall provide the applicant with ' detailed information about this submission requirement. • RESPONSE: Sheet C3, "SITE DIMENSION PLAN' depicts five (5) medium sized street trees, 25 to 40 feet tall, along the private street frontage at 30 -ft to 35 -ft. centers. Sheet C8, "SW HALL BOULEVARD IMPROVEMENT PLAN " accurately depicts the drip line of the two protected Black Walnut trees. Consequently, five (5) small 25 feet tall trees on 20 feet centers are shown at the back of walk and I spaced to avoid shade of the existing trees. 18.745.040 Street Trees A. Protection of existing vegetation. All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.0 1 Page 12 of 23 • • ' B. Street tree planting list, Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director. 1 • RESPONSE: As clarified in narrative Chapter 18.370, Variances and Adjustments , the existing 16" diameter Black walnut tree is scheduled to serve as a street tree along Hall Blvd. The five additional trees selected along SW Hall Blvd. are American Hombeam (Carpinus betulus). The five trees along the private street are Pacific dogwood, (Comus nuita/ /ii). The trees selected for this project are on the City of Tigard Street Tree List. 18.745.050 Buffering and Screening A. General provisions. 2. Buffering and screening is require to reduce the impacts on adjacent uses which are of a different type in ' accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by right -of -way, buffering, but not screening, shall be required as specified in the matrix; • RESPONSE: Uses to the north and east and south of the project are single detached units, the same use as the project, which require no buffer or screening. B. Buffering and screening requirements. ' 4. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Table 18.745.1. • RESPONSE: Per Table 18.745.1, "Buffer Matrix", proposed detached single - family units abutting 1 detached single family units requires no level of buffering. 18.745.60 Re- vegetation A. When re- vegetation is required. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. • RESPONSE: Note 26 of the erosion control plan addresses exposed cuts and fills at completion of construction and directs the construction activities to include replanting with a lawn grass seed. Chapter 18.765 Off-Street Parking and Loading Rear/ire/mots 18.765.030 General Provisions A. Vehicle parking 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 1 fulfilled. The applicant shall submit a site plan. • RESPONSE: The "SITE DIMENSION PLAN; Sheet C3, and the "GRADING PLAN; Sheet C4, illustrates the single driveway ingress /egress for garage access. B. Location of vehicle parking. The location of off-street parking will be as follows: 1 1. Off-street parking spaces for single - family... dwellings shall be located on the same lot with the dwelling; • RESPONSE: The residential layout will allow for two (2) vehides in each garage and two (2) vehicles ' parked in the 20 -ft. wide driveways for Lots 1, 2 and 3. Parking in the 12 -ft. wide driveway on Lot 4 allows for one parked vehicle. I 18.765.040 General Design Standards B. Access drives. With regard to access to public streets from off -street parking: 1. Access drives from the street to off -street parking or loading shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; ' Page 13 of 23 • • ' 4. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; 5. Access drives shall be improved with asphalt or concrete surface; 1 • RESPONSE: The 20 -ft. wide asphalt -paved access provides for safe two -way traffic flow while a 6 -inch exposed curb provides for visual demarcation of the pedestrian sidewalk and a safety barrier. Per the ' direction of the Tualatin Fire & Rescue review, "NO PARKING" signs will be placed on both sides of the access and provisions will be made for an enforcement process of illegal parked cars through the Home Owner's Association's Conditions, Covenants and Regulations (CC&Rs). ' Altering the fence separating the project and the neighbor to the north, 13985 SW Fanno Creek Road, along with pruning their tree will provide vision clearance, measured in accordance with Chapter ' 18.795. Chapter 18.780 Sians ' 18.780.130 Zoning District Regulations 3. Every platted subdivision shall be allowed one permanent, freestanding sign at each entry point to the subdivision from the public right -of -way, with the site properly landscaped and not exceeding 32 square feet per face in area. Illumination may be approved as long as it does not create a public or private nuisance, as determined by the Director considering the purpose of the zone; • RESPONSE: No signage is contemplated for this development. ' Chapter 18.790 Tree Removal 18.790.030 Tree Plan Requirement ' A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. • RESPONSE: David D. Hunter, Registered Certified Arborist #408, performed a tree ' identification /inventory, tree removal plan, tree preservation plan and a "Guidelines for Protection of Trees on Construction Sites ". B. Plan requirements. The tree plan shall include the following: 1 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; • RESPONSE: '7HE TREE INVENTORY & TREE PRESERVATION/MITIGATION PLAN; Sheet C7, shows location, species, size in inches and canopy cover. No significant trees have been identified by the City. The plan also shows trees to be preserved and trees to be removed with a tree inventory table ' indicating: ' TREE INVENTORY SUMMARY TREE INVENTORY & TREE PRESERVATIONIMITIGATION PLAN (SHEET C7) NO. TREES PERCENTAGE NO. TREES PERCENTAGE TOTAL NO. TREES >12" >12" CALIPER -INCH >12" TO BE TO BE PROTECTED PROTECTED TO BE REMOVED REMOVED REMOVED 1 5 3 60% 2 40% 130 INCHES Page 14 of 23 1 • • I Inventoried trees include: TREE NO. SPECIES DIA. (DBH) CANOPY CONDITION REMOVE 1 Cherry 8" 10' Fair Yes I 2 Black Walnut 18" 48' Fair No 3 Black Walnut 16" 35' Poor No 4 Horse Chestnut 55" 75' Fair Yes 5 Big Leaf Maple 58" 120' Fair Yes I 6 Engelmann Spruce 11" 25' Fair No 7 Engelmann Spruce 6" 30' Poor No 8* Colorado Blue Spruce 29" 60' Fair Yes I 9 Hawthorn 10" 35' Poor Fair Yes 10 Plum 7" 24' Yes 11 Holly 7" 20' Fair Yes I 12 Flowering Dogwood 7" 30' Fair Yes 13 Apple 9" 20' Poor Yes 14 Western Red Cedar 17" 30' Poor Yes 15 ** Cherry 13" 20' - -- Down I * HAZARDOUS SPRUCE TREE EXCLUDED FROM INVENTORY - LARGE LOWER BRANCH SHEARED OFF FROM TRUNK AND CRASHED DOWN ON 09/07. OTHER BRANCHES VULNERABLE I ** 13" DIAMETER FRUIT TREE EXCLUDED FROM TREE MITIGATION 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. I Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: 1 b. Retention of 25% to 50% of existing trees over 12 inches in caliper requires that two -thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D. • RESPONSE: As indicated in the above table, 60% of trees larger than 12 -inch diameter have been 1 scheduled for removal; therefore a mitigation plan requiring a two- thirds (67 %) factor for replacement per 18.790D.Guidelines for replacement or payment to the City per 18.790E., In lieu -of- payment is necessary. I 3. Identification of all trees which are proposed to be removed; I • RESPONSE: All trees scheduled for removal have been identified on the revised TREE INVENTORY & TREE PRESERVATION /MITIGATION PLAN, Sheet C7, with circled symbols. I 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. I • RESPONSE: The arborist has provided a "Guidelines for Protection of Trees on Construction Sites" report and Sheet C7 includes "Tree Removal and Protection Notes" and "Construction Sequence" notes. I 18.790.060 Illegal Tree Removal D. Guidelines for replacement. Replacement of a tree shall take place according to the following guidelines: 1. A replacement tree shall be a substantially similar species taking into consideration site characteristics. E. In lieu -of- payment In lieu of tree replacement under Section D above, a party may, with the consent of the 1 Director, elect to compensate the City for its costs in performing such tree replacement. • RESPONSE: The owner proposes to submit an in lieu payment for removal of trees exceeding 12 I inches in breast height diameter based on an administrative rule of $ 125.00 per caliper inch at the following rate: Tree 4, 55 -inch Horse chestnut: $125.00 x 55 x 0.67 = $ 4,606.25 Page 15 of 23 1 • • Tree 5, 58 -inch Big Leaf Maple: $125.00 x 58 x 0.67 = $ 4,857.50 Tree 14, 17 -inch Western Red Cedar: $125.00 x 17 x 0.67 = $ 1,423.75 ' Total tree mitigation in -lieu fee is $ 10.88730 considering Tree 8, the Colorado Blue Spruce is a hazardous tree not requiring mitigation and Tree 15, a cherry fruit tree not requiring mitigation. Tree 2, an 18" Black walnut, and Tree 3, a 16" Black walnut, are scheduled for preservation and protection. I Chapter 18.795 Visual Clearance Areas 18.795.030 Visual Clearance Requirements ' A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. ' B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence and wall structure or temporary or permanent obstruction exceeding three feet in height, measured from the top of the curb, except that trees exceeding this height may be located in this area. Provided all branches below eight feet are removed. I 18.795.040 Computations B. Non - arterial streets. 1. Non - arterial streets 24 feet or more in width. At all intersections of two non - arterial streets, a nonarterial street and a driveway, and a non - arterial street or driveway and railroad where at least one of the streets or driveways is 24 feet or more in width, a visual clearance area shall be a triangle formed by the right -of -way or property lines along such lots and a straight line joining the right -of -way or property line at points which are ' 30 feet distance from the intersection of the right -of -way line and measured along such lines. • RESPONSE: Sheet C3, SITE DIMENSION PLAN, demonstrates the clear vision area or `visual cone" at the intersection of the private drive and Fanno Creek Road. The visual cone is 30'ft along each side of the right -of -way and setback 30 ft. from row line to centerline of drive. There is no visual obstruction within the sight line at 14041 SW Fanno Creek Road (to the south). There is a 5 -ft. high wood fence along the north edge of the drive, which will be modified to three feet high within the visual cone. • Chapter 18.810 Street and Utility Inuuvvernent Standards 18.810.030 Streets ' A. Improvements. 1. No development shall occur unless the development has frontage or approved access to a public street. • RESPONSE: Each lot has direct access to the public street (SW Fanno Creek Road) via the private street. ' 2. No development shall occur unless streets within the development meet the standards of this chapter. • RESPONSE: The 20 -ft. wide private street conforms to the requirements of 18.810.030.T. Private ' streets serving four (4) new lots within the development plus one (1) adjoining lot (13990 Hall Blvd.) and the Engineering staff's direction to indude a 5 -ft. wide sidewalk. 1 6. The standards of this chapter include the standard specifications adopted by the City Engineer pursuant to Section 18.810.020.B. • RESPONSE: The City of Tigard Public Improvement Design Standards will guide all design elements of this project. 7. The approval authority may approve adjustments to the standards of this chapter if compliance with the standards would result in an adverse impact on natural features such as wetlands, steep slopes, or existing mature trees. The approval authority may also approve adjustments to the standards of this chapter if Page 16 of 23 ' • • ' 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. ' • RESPONSE: The project proposes an adjustment for an existing 16 -inch Black walnut near within the Hall Boulevard right -of -way to serve as a street tree in accordance with Chapter 18.370.020.C.6.a. and submits this revised narrative with the $154.50 (reduced from $309) ' B. Creation of rights -of -way for streets and related purposes. Rights -of -way shall be created through the approval of a final subdivision plat or major partition; 1 • RESPONSE: No right -of -way or public street is necessary for access. A 2 feet dedication is provided across the 30 feet wide street frontage on SW Fanno Creek Road for 27 feet from centerline. ' C. Creation of access easements. The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot ' large enough to develop can be created: 2. Access shall be in accordance with Sections 18.705.030H, access management and 18.705.030I, minimum access requirements for residential use. • RESPONSE: No access easements are requested; the private drive is within a Tract "A ". The standards for 18.705.030H and 18.705.0301 are addressed above in Chapter 18.705 Access and Egress and Circulation 1 D. Street location. width and grade. Except as noted below, the location, width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets, to ' topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets: ' • RESPONSE: As demonstrated in the centerline profile on the Grading Plan, Sheet 4, the finish grades of the private drive provide for minimum impact on surrounding elevations and the existing curb and street grades along SW Fanno Creek Road. E. Minimum rights -of -way and street widths. Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street, street right -of -way and roadway widths shall not be less than the ' minimum width described... • RESPONSE: The 20 feet wide of pavement from curb to curb along the private drive is in conformance ' with the standards of 18.810.030T. Private streets and the pre - application conference notes, Engineering Section. ' F. Future street plan and extension of streets. 1. A future street plan shall: a. Be filed by the applicant in conjunction with an application for subdivision or a partition. ' • RESPONSE :The project is surrounded by mature neighborhoods induding the Colony Creek Estates subdivision to the south (1979), Finley Park (1993) and Bridgepark (1994) to the north precluding any future street connectivity. In fact, the access to Hall Blvd. is slated for closure to eliminate any east- ' west connectivity. G. Street spacing and access management. ' • RESPONSE: Refer to the Access Management Report, which accompanies this narrative. ' Page 17 of 23 ' • • H. Street alignment and connections. • RESPONSE: A street connection to SW Hall Blvd. is prohibited; north south connectivity is precluded ' because of existing subdivision lots. ' I. Intersection angles. • RESPONSE: The private drive intersects the Fanno Creek Road right -of -way at 90° 02' 56" with a 300+ feet tangent length. J. Existing rights - of - way. • RESPONSE: A 2 feet dedication along the street frontage of Fanno Creek Road fufills the 27 feet right - of-way to centerline requirement. K. Partial street improvements. • RESPONSE: No pavement width less than 20 feet is contemplated. 1 L. Cul - sacs. • RESPONSE: This standard does not apply. M. Street names. ' • RESPONSE: A street name, approved by the County surveyor will be chosen upon current planning approval of the subdivision application and prior to final plan submittal. N. Grades and curves. • RESPONSE: The private street has a 11.00°x6 grade leading to a 5% grade for 50 feet. 0. Curbs, curb cuts, ramps, and driveway approaches. 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; • RESPONSE: Curb cuts and concrete driveway approaches will be constructed in accordance with the ' Public Improvement Design Standards including Drawing 120, Concrete sidewalk; Drawing 125, Standard Curb; and Drawing 142, Standard Driveway P. Streets adjacent to railroad right -of -way. • 1 • RESPONSE :There is no adjacent railroad right -of -way. 1 Q. Access to arterials and collectors. • RESPONSE: In conformance with this Code requirement, the existing access to Hall Blvd. will be closed. All Tots will be provided access to SW Fanno Creek Road. R. Alleys, public or private • R ESPONSE: No alley is pro posed. This standard does not apply. 1 Page 18 of 23 • • S. Survey monuments. • RESPONSE: The developer's registered surveyor will set interior monuments. All exterior monuments 1 have been found and will be protected or reestablished. T. Private streets. ' 1. Design standards for private streets shall be established by the City Engineer; and 2. The City shall require legal assurances for the continued maintenance of private streets... • RESPONSE :The City Engineer's representative set forth the private street design standards during the ' pre - application conference. A recorded maintenance agreement will be created and made a part of the HOA to insure continued maintenance. ' U. Railroad crossings. • RESPONSE: The project does not impact a railroad crossing. The standard does not apply. V. Street signs. ' • RESPONSE: The developer will reimburse the City for costs of all street signage. W. Mailboxes ' • RESPONSE: A copy of the site plan will be provided to Josh Mendoza, Tigard Post Office supervisor, and a cluster mailbox placed upon his recommended location. 1 X. Traffic signals. • RESPONSE: A traffic signal post and mast arm with two signal heads located at the northwest corner of Hall Blvd. /McDonald Avenue will be dismantled. The signal faces the existing private driveway and controls egress from the site for both 14010 SW HaII Blvd. (the project site) and 13990 SW Hall Blvd., the adjacent neighbor to the north. The loop detectors will be removed and the controller I reprogrammed by ODOT. Y. Street light standards. • RESPONSE: Street luminaries are provided on the private street as depicted on the SITE DIMENSION PLAN, Sheet C3. Preliminary design indicates a 70 watt luminaire on a 25 -ft. pole at Sta. 0 +22 Rt. and ' also at Sta. 2 +45 Lt. AA. Street cross - sections. The final lift of asphalt concrete pavement shall be placed on all new constructed ' public roadways prior to final City acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the City Engineer. 1. Sub -base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphaltic concrete; 4. The final lift shall be Class C asphaltic concrete as defined by A.P.W.A. standard specifications; and - 5. No lift shall be less than 1 -1/2 inches in thickness. 1 • RESPONSE: Street sections removed to accommodate curb cuts will be repaired to match existing street structural sections. ' AB. Traffic calming. 1 Page 19 of 23 1 • • ' • RESPONSE: It is not anticipated traffic calming measures will be required. AC. Traffic study. ' 1. A traffic study will be required for all new or expanded developments under any of the following circumstances: a. when they generate a 10% or greater increase in traffic... ' b. ADT trips added by development [exceed] 2,000 vpd • RESPONSE: With a projected 50 vehicle trips per day, a traffic study is not required for this development. 18.810.040 Blocks I A. Block design. 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. ' B. Sizes. 1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the centerline of the streets... ' • RESPONSE :The proposed subdivision will only have one point of access due to existing development. Therefore no blocks will be formed with this development. 1 18.810.050 Easements A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either t dedicated or provided for in the deed restrictions, and where a development traversed by a watercourse, or drainageway, there shall be provided a storm water easement or drainage right -of -way conforming substantially with the lines of the watercourse. ' • RESPONSE: All necessary or required easements will be perfected and recorded. ' B. Utility easements. A property owner proposing a development shall make arrangements with the City, the applicable district and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The City's standard width for public main line utility easements shall be ' 15 feet unless otherwise specified by the utility company, applicable district, or City Engineer. • RESPONSE: Services for electrical, communications, gas and tv cable will be a part of the engineering ' design with appropriate easements. 18.810.060 Lots ' A. Size and shape. Lot size, width, shape and orientation shall be appropriate for the location of the development and for the type of use contemplated, and: 1. No lot shall contain part of an existing or proposed public right -of -way within its dimensions; • RESPONSE: No lots will be created which includes any portion of a tract or public right -of -way. 18.810.070 Sidewalks A. Sidewalks. All... private streets shall have sidewalks meeting City standards along at least one side of the street. ' • RESPONSE: A 5 -ft. wide concrete sidewalk, conforming to Drawing 120, has been designed along the south side of the private street and within the Tract "A". I B. Requirement of developers. Page 20 of 23 • • ' 2. If there is an existing sidewalk, on the same side of the street as the development, within 300 feet of a development site in either direction, the sidewalk shall be extended from the site to meet the existing sidewalk... • RESPONSE: A 10 -ft. wide concrete walk exists along SW Hall Blvd. on the same side of the street as the development. A 5 -ft. wide sidewalk exists along SW Fanno Creek Road on the development side of the street. No extension is necessary. 1 C. Planter strip requirements. A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: there is inadequate right-of- way; the curbside sidewalks already exist on predominate portions of the street; it would conflict with the utilities, there are significant natural features (large trees, water features. Significant habitat areas, etc.) that would be destroyed if the sidewalk were located as required... • RESPONSE: The Pre - application conference notes, Engineering Section, directs that an "8 -foot concrete sidewalk with 5 foot planter strip" will be necessary along SW Hall Boulevard. However, the existing curbside sidewalk already exists on a predominant portion of the street (the walk extends ' 400+ feet to the north) and the existing 16" diameter Black Walnut tree (no. 3) is only 7 feet from the back of walk. Reconstruction of the walk would destroy the tree. Therefore, the existing sidewalk is slated to remain as is with a modification at the driveway access. 1 18.810.080 Public Use Areas A. Dedication requirements. I 1. Where a proposed park, playground or other public use shown in a development plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. • RESPONSE: No park, playground or other public use is intended for this project. I 18.810.090 Sanitary Sewers A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect developments to I existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. 1 • RESPONSE: Sanitary sewer laterals are indicated on the Utility Plan, Sheet C6, connecting each lot to a sewer main. ' 18.810.100 Storm Drainage A. General provisions. The Director and City Engineer shall issue a development permit only where adequate provisions for storm water and flood water runoff have been made, 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; ' • RESPONSE: A storm drain system is shown on the Storm Drain Plan, Sheet C5, with an infiltration system including porous pavement and an infiltration bed. An overflow system leads to Fanno Creek Road and a new 12" storm drain will be constructed to Colony Creek Court. 1 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; 1 • RESPONSE: No surface runoff will be carried across any intersection from this project. 3. Surface water drainage patterns shall be shown on every development proposal plan. ' Page 21 of 23 1 • • • RESPONSE: Surface water drainage patterns are shown on the Existing Conditions Map, Sheet C2. D. Effect on downstream drainage. 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments). • RESPONSE: Storage of additional runoff will be achieved with the infiltration bed. I 18.810.110 Bikeways and Pedestrian Pathways A. Bikeway extension. 1. As a standard, bike lanes shall be required along all arterials and collector routes... • RESPONSE: SW Hall Blvd., a Major Arterial, presently has a demarcated bike lane. I 18.810.120 Utilities A. Underground 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, • RESPONSE: All on -site utilities will be installed underground. ' B. Information on development plans. The applicant for a development shall show on the development plan or in the explanatory information, easements for all underground utility facilities, and: 1. Plans showing the location of all underground facilities as described herein shall be submitted to the City ' Engineer for review and approval; and 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. • RESPONSE: Approved engineering plans will be submitted to Portland General Electric for underground design and pad mount transformer locations. When PGE plans are received back, copies will be sent to communications and gas company for services provided in common trenches. D. Fee in -lieu of undergrounding. • • RESPONSE: The developer will pay a fee in -lieu of for any necessary moving existing overhead utilities to underground within the public right -of -way. 18.810.130 Cash or Bond Required A. Guarantee. All improvements installed by the developer shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City Council. ' B. Cash deposit or bond. 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. C. Compliance requirements. The cash or bond shall comply with the terms and conditions of Section 18.430.090. ' • RESPONSE: Developer agrees to perform all surety requirements. I 18.810.140 Monuments A. Replacement required. Any monuments that are disturbed before all improvements are completed by the subdivider shall be replaced prior to final acceptance of the improvements. 1 Page 22 of 23 1 • • • 1 • RESPONSE; All interior and exterior monuments will be replaced as necessary prior to final acceptance. 1 18.810.150 Installation Prerequisite A. Approval required. No public improvements, including sanitary sewers, storm sewers, streets, sidewalks, 1 curbs, lighting or other requirements shall be undertaken except after the plans have been approved by the City, permit fee paid, and permit issued. 1 • RESPONSE: Engineering plans will be submitted for review and approval upon planning approval of the project. No construction will begin until permits are secured. 18.810.160 Installation Conformation A. Conformance required. In addition to other requirements, improvements installed by the developer either as a requirement of these regulations or at his own option, shall conform to the requirements of this chapter and to improvement standards and specifications followed by the City. 1 B. Adopted installation standards. The Standard Specifications for Public Works Construction, Oregon Chapter A.P.W.A., and Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) shall be a part of the ' City's adopted installation standard(s); other standards may also be required upon recommendation of the City Engineer. • RESPONSE: All public and private improvements will conform to the requirements of the City of Tigard ' Public Improvement Design Standards, The Residential Building Code, Clean Water Services R &O 07- 20, Design and Construction Standards for Sanitary Sewer and Surface Water Management, the Tualatin Valley Fire & Rescue requirements and City of Tigard Water Department. END OF NARRATIVE 1 1 1 1 1 1 1 1 Page 23 of 23 Impact Study • • IMIIMIIIME • - MN- M EM M I MI-• OM • NWII 1 • • ' IMPACT STUDY For "ROSEWOOD COURT" ' 4 -LOT SUBDIVISION 14010 S.W. HALL 0 S BOULEVARD ' TAX MAP 2S1 12BB, TAX LOT 200 & 201 TIGARD, OREGON 97223 1 REVISED July 8, 2008 1 This Impact Study for the above referenced project is in response to the requirements City of Tigard Title I 18, Municipal Code Chapter 18.390.040 Type II Procedure, B. Application requirements., e. Include an impact study. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, I including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact the study shall propose improvements necessary to meet City standards and to minimize the impact ' of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development 1 Transportation System Traffic Impact Fees (TIF) are mitigation measures that are required at the time of development. The estimated TIF for a detached, single - family dwelling is $ 2,850. Upon completion of the development and recording of the plat, the home builders will pay TIF's totaling $ 11,400 ($ 2,530 x 4 homes). ▪ The closing of the signal - controlled access on SW Hall Blvd. at McDonald Avenue will impact only the existing ▪ residence at 13990 SW Hall Blvd. which accesses Hall Blvd. via a 15 -ft. wide easement extending over the north portion of this project. That parcel, a part of the "Finley Park" plat also holds a 30ft. wide easement • extending to SW Fanno Creek Road, which will maintain a viable access. By removing the concrete driveway ▪ access on Hall Blvd. and the signal pole facing the access (east), the intersection will be restored to a "Tee" controlled intersection. The junction will be safer without drivers having to consider a left -hand or right -hand I or straight -ahead movement from vehicles leaving the property. ▪ The development of this property will be the final build -out of the Fanno Creek Road neighborhood. To estimate the number of additional trips generated by the 4 -lot development and re- routing the 13990 address I to Fanno Creek Road, a local street, trip rates generated from the "TRIP GENERATION" manual, Seventh Edition published by the Institute of Transportation Engineers (ITE) were employed. I It is estimated that a total of 5 trips will be generated during the morning peak hour, with 4 exiting the private street and 1 entering. During the evening peak hour, 7 trips are expected, with 5 entering and 2 exiting the site. Directional distribution from the proposed site considers a northerly left -tum 700 -ft route from SW Fanno ' Page 1 of 2 1 • •. I Creek Road to Hall Blvd. or a right -tum circuitous half -mile route meandering to SW Bonita Road opposite SW . 79 Avenue. The degree of difficulty of maneuvering the course to Bonita Road means that all am and pm exit trips will utilize the northbound route to Hall Blvd. without lengthening queues on SW Fanno Creek Road. 1 SW Hall Blvd. along the frontage of the project is presently a three -lane arterial with 6 -ft. bike lanes and no street improvements anticipated as part of this project other than restoration of the curb and sidewalk at the I existing driveway approach. The developer will sign a restrictive covenant for 5 -lane half street improvements. Drainage system The storm drain design considers collecting all roof runoff and conveying the flow to I individual rain gardens. Private street storm water will percolate into a porous pavement system with infiltration beds. An overflow structure will release the flow to a new 12" storm drain system installed in SW Fanno Creek Road connecting to an existing storm drain near SW Colony Creek Road. I Park system Fanno Creek Park, a natural environment park, is approximately six blocks to the north with a walking /bike path two blocks to the east complimenting the City library. Bonita Park is 5 blocks to the east. I Water system The City water division maintains a distribution system within Fanno Creek Road which will serve the project with an existing 4" main extended onto the site and will be connected to a 4" main with blow -off ' assembly at the end of the private street. Sewer system An existing 8" sewer line extends onto the property at SW Fanno Creek Road. It will extend to the end of the private street to serve each lot with a 4" building sewer. ' Transit Bus line 76 travels north and south on Hall Blvd. with Stop no. 9085 McDonald/Hall intersection. the McDonald P / I Schools Student residents of the new subdivision will attend Templeton Elementary/Twality Middle School and high school students will attend Tigard High School. Requirement for dedication The applicant concurs with the 2 -ft. dedication along the 30 -ft. wide frontage of 9 9 SW Fanno Creek Road to enable a 27 -ft row line -to- centerline (54 feet full -width right -of -way for local street). 1 1 • 1 1 1 1 1 II Clean Water Services • • • BM • OIN MN Mill ONO IlIN NM MI INO INO IMO INS ONO EN MI NM MN MIN 'km. 6. 2007 9:41AM CLEAN WATER SERVICES 503 6814439 No 1368 . ) 0 t:, I.) ` 1 W FEB 2 8 2007 I ti j BY — �—�- - - � File Number 0 — Q ©Q 64•1 C 1eanWater t Services Sensitive Area Pre - Screening Site Assessment Our commitment is clear. 1 Jurisdiction &7" OP .776 4,00 a Date 2"2'0 - 0 1 Map & Tax Lot • 2SI IZe€' _ loo Owner jAtt...14A.e t— it +o ZS 12. be ► I•°i Applicant V1G vim AN.bo I Site Address 14010 t• 10r14.. r Company T'1 &A,aD_ op. 4477.2,. 3 Address ISo7So 54,41 'TMStEf ,ND DR- Proposed Activity 4 ? - L_.vT 6 I City State Zip AV Ep opJ opt glo07 1 Phone • 4 503 - 4$ - �4}Q 3 „ - . _ ----- Fax _ So 3 - Z-54i `1 0`K By submitting this form the Owner, or Owner's authorized agent or representative, acknowledges and agrees that employees of Clean Water Services have authority to enter the project site at all I reasonable times for the purpose of inspecting project site conditions and gathering Information related to the project site. Official use only below this line Ofilciar use only below this 1 e '--' Hicia use sni belo tots line I Y N NA Y N NA mw s Se sl iA Map Stormwater Infrastructure map ® DI: ve. ❑ D as # ' f O Locally adopted studies or maps Other E C ® Specify ®❑ ❑ Specify �� Based on a review of the above information an d t he requirements of Clean Water Services Design and Construction Standards Resolution and Order No. 04 - 9:• I D Sensitive areas potentially exist on site or within 200' of the site. THE APPLICANT MUST PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER. If Sensitive.Areas exist on the site or within 200 feet on adjacent properties, a Natural • I Resources Assessment Report may also be required, . El . Sensitive areas do not appear to exist on site or within 200' of the site. This pre - screening I site assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered, This document will serve as your • Service Provider letter as required by Resolution and Order 04.9, Section 3.02.1. All . required permits and approvals must be obtained and completed under applicable local, I • state, and federal law. D The proposed activity does not meet the definition of development. NO SITE ASSESSMENT I OR SERVICE PROVIDER LETTER IS REQUIRED. Reviewer Comments: Y • 1 • Reviewed By: , Date: _O • 1 ,t Official use only y Post -IV Fax Note 7871 mg Fro 3 O ? 1Pa Returned to Applicant to t/ e. 4 e,mguid eimuE i.3 /�(.4, Mail _ Fax � l Counter • .. •• •• •• CoJDCPI. Co. / 1� � + , /r Date -.1/g/0.7._ By Phone A Phone P 3 '¢0i - xN4 f I."a 5 MO Fax . IIIIIIIIIIF Preliminary Story Drainage Report • • NE ow ow am ow imi 1.0 EN No EN Ns N. = • • ROSEWOOD COURT 1 4 -LOT SUBDIVISION 14010 SW HALL BOULEVARD 1 TIGARD, OREGON 97223 PRELIMINARY STORMDRAIN REPORT 1 JANUARY 8, 2008 AMENDED July 8, 2008 Presented to: CITY OF TIGARD ENGINEERING DEPARTMENT CITY OF TIGARD CURRENT PLANNING DEPARTMENT 13125 S.W. HALL BOULEVARD TIGARD, OREGON 97223 Prepared by: VIC ACCOMANDO, P.E. 1 16750 SW TIMBERLAND DRIVE BEAVERTON, OREGON 97007 1 Phone: 503 - 320 -5766 1 Fax: 503 - 259 -9508 a 16,221 Sap 12 - 31 - 09 r OREGON 1 1 1 • . 1 A. PROJECT OVERVIEW 1. Project Description: The proposed site is a 37,012 sq. ft. (0.85 -acre) parcel located east of the intersection of SW ' McDonald Street and SW Hall Blvd. within the city limits of Tigard, Oregon. The parcel is further identified on Washington County Tax Map 2S1 12BB as Tax Lot 00200 & 00201 addressed as 14010 SW Hall Boulevard. The project proposes to develop a 4 -lot subdivision for single - family detached units with a 1 single 20 ft. wide asphalt paved private street access leading to SW Fanno Creek Road. 2. Drainage Basin Information: The project is situated on the east side of SW Hall Blvd. at the 178 elevation contour (See Grading Plan, Sheet 4) sloping southeast to the 167 contour. t The area described, illustrated on the Fema Flood Insurance Rate Map (FIRM) Community Panel Number 410276 0517 C (See attachment), is identified as Zone "X ", an area ' determined to be outside the 0.2% annual chance floodplain. The Fanno Creek special flood hazard area and floodway is approx. 500 feet east; the base flood elevation is 140.4. Clean Water Services has determined that sensitive areas do not appear to exist on site or within 1 200' of the site. See included Sensitive Area Pre - Screening Site Assessment letter. 1 3. Existing Site Specific Drainage Information: SW Hall Blvd., bordering the west side of the site, is 5 feet above the on -site terrain and 1 receives no runoff from the property. SW Fanno Creek Road, a fully improved 2 -lane local street to the east borders a 30-ft. portion of the site and has water and sewer service but no storm infrastructure. Presently, rainfall diverts in two directions; from a point in the middle of the site at the 177 contour flowing northwest 130 feet to a 170 contour ( -5.4 %) ponding with ' no outlet. The other direction sheet flows 170 feet from the 177 contour to the 167 contour (- 5.7%) at the southeast comer and runs offsite. 1 4. Proposed Drainage System: The storm drainage system for the 4 -lot single - family detached residential site will adhere to 1 the Low Impact Development Approach (LIDA) in accordance with Clean Water Services Design and Construction Standards, (R &O 07 -20), Chapter 4.07. Table 4-2, APPROVABLE 1 Rosewood Court 2 Project No. 15901 1 Revised July 8, 2008 1 • • LOW IMPACT DEVELOPMENT APPROACHES shows whether LIDA can be designed to meet the quality or quantity requirements of the Chapter. 1 Pervious paving is water permeable ground cover which infiltrates precipitation, reduces stormwater runoff flow rate, volume, temperature and filters some pollutants. The table 1 indicates the porous pavement BMP is approvable for quantity control but not quality control. To fulfill water quality requirements, "Through Planters" or "Rain Gardens" will be employed for each tax lot to collect, filter and temporarily store stormwater roof runoff, allowing pollutants to settle and filter out as the water percolates through the planter soil until flowing directly to the subsurface infiltration bed. a. Porous Pavement Design — Prior to considering porous pavement as a BMP for ' stormwater runoff, a geotechnical investigation was performed to explore subsurface conditions. Infiltration test results indicate low permeability in the upper silt soils and high permeability in the soils deeper than 5-ft. Measured infiltration rates were 2% in/hr near proposed road station 0 +50, 2% in/hr at station 1 +65, 6% in/hr.at station 2 +35 and 1% in /hr at station 3 +30. With an average infiltration rate of 3%+ (the measurement at 1 station 0 +50 was left out due to the steep grade- pervious pavement would not be used with grades in excess of 5 %), a review of a successful porous pavement project was examined. In 2006, Port of Portland completed an auto storage yard with porous pavement at Terminal 6, designed by Matthew Rogers, P.E. of Century West and Cahill ' Associates. A conversation with Matt Rogers on July 2, 2008 revealed that the project has been very successful and he is currently designing another porous pavement project ' for Terminal 5. He mentioned that the contractor was Coffman Excavation and the paver was Lakeside Industries. When describing the Tigard site and the possible benefit of using porous pavement, Mr. Rogers fully endorsed the BMP but recommended a six (6) 1 inch asphalt section to allow garbage trucks. The given design parameters are: Porous asphalt and infiltration bed will not be used on 1 slopes in excess of 5.5 %. The surface of the 20-ft wide road section will be graded flat from curb to curb. As a result, standard impervious pavement will be utilized from the 1 concrete driveway entrance to road station 1 +00 with grades leading to a centerline oil trap catch basin at station 0 +30. A porous pavement section will be employed from ' station 1 +00 to the end of the road, station 3 +35 and the fire - required turnout. The porous pavement section is 6,436 sq. ft. With 1:1 side slopes in the infiltration bed to ' achieve average 3.5 -ft depth, the bed bottom (the infiltration area) is 735 sq. ft. in bay 1 and 3,602 sq. ft. in bay 2 for a total of 4,338 sq. ft. The 4,338 sq. ft. x 3% inch/hour = 1,310 cu. ft./hr. infiltration capacity. The infiltration bed volume measured by average Rosewood Court 3 Project No. 15901 ' Revised July 8, 2008 • • • end method is 9,300 cu. ft. x 40% voids = 3,720 cu. ft. storage. Utilizing the SBUH method, the surface water runoff quantity and characteristics were analyzed using the 1 "HYD" program developed by King County, Washington and described in their January 1990 Surface Water Design Manual) was used to generate, add and route hydrographs. A 24 -hour, standard SCS Type IA rainfall distribution design storm was used to generate the hydrographs. Setting the time of concentration at 5 minutes, the peak 25 -year flow is ' 0.15 cfs for the pervious pavement section. Total runoff volume is 1,967 cu. ft. The peak rate mitigation calculation is 0.15 cfs x 3,600 sec./hour = 540 cu. ft. With a testing correction factor 0.3 and a plugging correction factor of 0.3, the 3,704 cu.ft. available storage provides 1,488 cu. ft./540 producing a 2.75 safety factor. An overflow structure is provided at the end of the infiltration bed, station 1 +05, and leads to new 12" storm 1 drains located in Fanno Creek Road. • Maintenance requirements for pervious pavement include: 1 Pavement to be inspected frequently during first few months after construction and at least biannually thereafter.. Vacuum porous pavement surface biannually with a commercial cleaning unit. Immediately clean any soil deposited on the pavement. ' Once yearly the entire surface shall be jet washed. Curbs shall be painted red and no parking signs posted to prevent long term vehicle parking. b. Rain Garden Design - The surface water runoff (roof and impervious surfaces) for the 4 • tax lots were also analyzed using the hydrograph method for 2,640 sq. ft. each lot total = 10,560 sq. ft., 0.24 acres. 1 Runoff parameters - The soil type and land use were evaluated to determine the curve number, per the SCS soil -cover complex method. The Washington County Soil Survey 1 indicates soils within the project are Quatama series, hydrologic Group C. The curve number (used in the HYD program) or CN value for rain garden grasses and shrubs was set at CN 74. The CN value for impervious surfaces was set at CN 98. 25 -yr peak flow for the 4 Tots is 0.08 cfs. Each roof drain will be routed via 3" pipes to a ' 200 sq. ft. bioretention bed, a shallow excavated depression planted with specifically selected native vegetation to treat and capture runoff. Positive overflow will be provided with a 3" pipe leading to the infiltration bed. Rosewood Court 4 Project No. 15901 ' Revised July 8, 2008 1 • • 5. Water Quality Water quality calculations for the private street/ sidewalk are: 1 Water quality volume (cf) = 0.36(in) x area (sf) 12 (in /ft) 1 = 0.36 X 10,915/12 = 327.45 cf Water quality flow (cfs) = Water quality volume (327.45 cf) ' = 0.023 14CFS ,400 Seconds 1 Water quality calculations for each residential lot are: 1 Water quality volume (cf) = 0.36(in) x area (sf) 12 (in /ft) = 0.36 X 2,640/12 = 79.20 cf ' Water quality flow (cfs) = Water quality volume (79.20 cf) 14,400 Seconds 1 = 0.0055 CFS END OF REPORT • 1 1 1 1 1 1 1 1 . Rosewood Court 5 Project No. 15901 1 Revised July 8, 2008 • .: .................._......... x..._.................... .x...._.xx...x....xx «x.:x.:.:x. .....1"..... A.., :.xxx::xr.rxx:.:.r _ rr..r..r,rr. � _rr.....rrrrrrr..rr r_ r. ...r...r..r....r............... r.M.......:.....r� w. _.. rrwr rrrrr rr �r >r..r..... w..r. �.............. x r. �r i Sit ... „. . . '. F. x ; : :: : • . ..... ... ••+•;+•••••• . . • } 3 i '. • s _ .. $ atr • • >.x..xxx,,, r rrr: .:.r....rrrr xrrr.rr......rr.,.r __._.r..rr.,p. ...:.;,..::::.:.:.. x.. e,..:: xx::..::: xx:. xxxxa: xx ..::.:.:....:.....:.m�......_. ... xx';:...........:...: x x.:..:....:.......:...:.:................... a-.... ...... : ...._..._ .... e....>............ .......x:.._............:.... ............................. ....... ::::xx,.......;;.;;.;.;. ;;.;...;.c ;c;;;;;. c;;;;;;; u .;'ccaz..........:...........:. .. • Hydrologic Soil Group - Washington County, Oregon . 1 Hydrologic Soil Group 1 . U Hydrologic Soil Group- Summary by Map Unit - Washington County, Oregon Map unit symbol Map unit name Rating • Acres in AO1 Percent of AO1 1 Aloha silt loam C 33.6 10.2% I 1 1 8 Comelius and IGnton silt C 3.5 1.1% Ioams, 2 to 7 percent slopes I 21A Hillsboro loam, 0 to 3 B 0.1 0.0% percent slopes 21 B Hillsboro loam, 3 to 7 B 29.4 8.9% percent slopes 111 21C Hillsboro loam, 7 to 12 B 20.6 6.2% percent slopes 21D Hillsboro loam, 12 to 20 B 4.7 1.4% I percent slopes 22 Huberty silt loam D 9.1 2.8% 30 McBee silty clay loam C 30.2 9.1% I 37A Quatama loam, 0 to 3 C 65.9 19.9% percent slopes 37B Quatama loam, 3 to 7 C 99.9 30.2% I percent slopes 37C Quatama loam, 7 to 12 C 13.9 4.2% percent slopes I 37D Quatama loam, 12 to 20 C 11.2 3.4% percent slopes 42 Verboort silty clay loam D 0.7 0.2% I 43 46F Wapato silty clay foam D 2.2 0.7% Xerochrepts and C 5.3 1.6% Haploxerolls, very steep Totals for Area of Interest (AOI) 1 330.51 100.0% 1 1 1 1 I USDA Natural Resources Web Soil Survey 2.0 1/9/2008 ® Conservation Service National Cooperative Soil Survey Page 3 of 4 1 1 Tri -Land Design Groll, Inc. W41014:11 02- J111-08 ' Project 15901 LADUCA 25 -YR RUNOFF RUNOFF by the SANTA BARBARA URBAN HYDROGRAPH ' 25 -YR PERVIOUS PAVEMENT SECTION total Time of Concentration = 5.0' ' storm hyetograph: SCS TypeIA return period = 25 years storm duration = 24 hr. total rainfall = 3.90 in. ' pervious area = 0.00 A CN = 86 Gp C:landscp,good cond. impervious area = 0.15 A CN = 98 ' total site area = 0.15 A hydrograph file: c: \progra -1 \rhino \porous.hyd peak flow = 0.15 cfs @ 7.83 hr. runoff volume = 1,967 cu.ft. • 1 1 1 II . 1 1 • • 1 1 1 1 1 1 Tri -Land Design Gro410 Inc. W41014:24 02- Jul -08 Project 15901 LADUCA 25 - YR RUNOFF RUNOFF by the SANTA BARBARA URBAN HYDROGRAPH 25 -YR 4- HOUSES total Time of Concentration = 5.0' ' storm hyetograph: SCS TypeIA return period = 25 years storm duration = 24 hr. total rainfall = 3.90 in. ' pervious area = 0.24 A CN = 74 • impervious area = 0.00 A CN = 98 ' total site area = 0.24 A hydrograph file: c: \progra -1 \rhino \159home.hyd ' peak flow = 0.08 cfs @ 8.00 hr. runott volume = 1,327 cu.ft. • • • 1 1 1 1 1 II • 1 1 1 1 1 1 1 . • • 1 inc. June 25, 2008 1 Vic Accomando, P.E. 16750 Southwest Timberland Drive ' Beaverton, Oregon 97007 Email: accomando10,msn.com 1 Subject: Subsubsurface Exploration and Soil Infiltration Testing Rosewood Court Lot Partition 14010 Southwest Hall Boulevard 1 Tax Map 2S 1 12BB, Tax Lots 200 and 201 Tigard, Oregon CGI Report No. 08-074 -1 Dear Mr. Accomando: 1 Chinook GeoServices, Inc. (CGI) has completed subsurface exploration and infiltration testing at the subject project site. Our scope of services was outlined in our May 23, 2008 CGI Proposal No. 08 -P098. You provided written authorization to proceed on June 11, 2008. • SITE AND PROJECT DESCRIPTION 1 The project site is currently developed with one older existing home and a ara e n g g and paved driveway and parking areas. Slopes on the property are near level to. gently rolling on the western half of the site and gently to moderately sloping on the eastern street extension easement on the site. Based on topographic mapping provided, the elevation of the site varies from about 177 feet to 157 feet above mean sea level. The Site Location Plan is attached as 1 Figure 1. Figure 2 shows the site plan including proposed street and lot layout. The project will include construction of up to four single family homes, a local street using permeable pavement ' for storm water management, and associated underground utilities. We anticipate that grading on the site will be minimal. The porous pavement section for Southwest Rosewood court will be located in a generally level section of the roadway. 1 SCOPE OF WORK The field work was conducted on June 10, 2008. We explored subsurface conditions at the site using hand auger borings. We advanced four hand auger soil borings to depths up to 8.3 feet below the ground surface. The locations of the soil borings are shown on Figure 2. ' Falling ead Infiltration tests 9 were completed in the borings at depths of 2 feet to 8.4 feet below ground surface. While conducting our field work, we also conducted a limited off site 1508 Broadway Street • Vancouver, Washington 98663 • Phone 360 -695 -8500 • Fax 360 - 695 -8510 Southwest Rosewood Court • Chinook GeoServices, Inc. • Report No. 08-074 -1 ' June 25, 2008 Page 2 of 4 reconnaissance to evaluation local drainage and water bodies. We also researched available 1 water well Togs, regional geologic maps, and available hydrologic mapping for the area. SITE GEOLOGY ' The upper few inches of soil in the borings consisted of slightly organic silt topsoil with many to ' some roots. Underlying the topsoil, we encountered native soil consisting of firm, dry to moist, medium to yellowish brown silt with a trace to some fine sand. At depths greater than about 6 feet the silt soil has increasing fine sand content and appears to be stratified in lenses or layers of silty fine- grained sand to sandy silt. The near surface silt and sand deposits are mapped as fine - grained catastrophic flood deposits (unit Qff as mapped by Madin {1990)). This unit was deposited by a series of glacial outburst floods from glacial Lake Missoula approximately 12,000 years to 15,000 years ago. This series of glacial outburst floods extended well up the Willamette Valley and into the Tualatin Valley as well. ' GROUNDWATER CONDITIONS Groundwater seepage was not encountered in our explorations, and no indication of seasonal ' or perched groundwater was.observed. Soil conditions were dry to moist. From our limited off- site reconnaissance down slope to the east, we expect the static groundwater level to be at or near the elevation of Fanno Creek. According to DOGAMI Bulletin 60 "Engineering Geology of ' the Tualatin Valley Region, Oregon, 1967, Plate 3 - Geologic Hazards Maps, shows potential for groundwater level less than 10 feet in depth to the east of this parcel. We point out that temporary perched groundwater could occur at relatively shallow depths during wetter than ' usual precipitation. ' INFILTRATION TEST METHODOLOGY Failing head Infiltration testing was conducted within the augered test holes in general ' accordance with Washington County's On -site Stormwater Disposal System Design and Construction Minimum Guidelines and Requirements. This test criteria closely follows the 1980 EPA Falling Head Percolation test procedure, which in our opinion is generally appropriate for ' evaluating fine- grained silt and fine sand soils properties for subsurface storm water dispersal. Per the procedure about 1 inch of washed pea gravel was placed in the bottom of a 6 -inch diameter drilled hole to protect the soil from scour and disturbance when adding water. The fine ' grained soil was presoaked by adding clear water from a hose or pipe lowered to the bottom of the boring until a 12 -inch head of water was obtained. In accordance with the EPA methodology, if the initial 12 -inch head of pre -soak water does not drain completely in 10 minutes, a pre -soak period or 4 hours is required. All infiltration tests at this site required a presoak period. After the required presoak period the water level was adjusted to a 6 -inch head, and multiple tests were run on 30 minute intervals until the falling head rates no longer decreased. I • • Southwest Rosewood Court • . Chinook GeoServices, Inc. Report No. 08 -074 -1 I June 25, 2008 Page 3 of 4 1 INFILTRATION TEST RESULTS Results of our infiltration testing indicate soils exhibit low permeability in the upper silt soils and high permeability in sandy soils deeper than about 5 feet. Table 1 presents the measured infiltration rates at each location. 1 Table 1: Infiltration Test Data HA -1 (Sta. 0+50) HA -2 (Sta. 1+65) HA-3 (Sta. 3 +30) HA-4 (Sta. 2 +35) Measured Infiltration Rate 2-1/8 2-5/8 1-1/2 6 -1/4 . (inches/hour) Depth of Test (feet) 5.0 2.0 5.15 8.3 Please note that the measured rates noted above were recorded after 4 hours to 7 hours of presoaking but they do not include a factor of safety. The system designer is responsible for selecting an appropriate infiltration rate and factor of safety depending on the system I components, location, and depth. We anticipate that the soil infiltration rates in the area intended for stormwater dispersal through porous pavement will vary. We would recommend design sizing of the proposed stormwater management system using conservative values. Use I of conservative design values will result in a larger exposed are of soil available for stormwater dispersal, and within the larger area design area it is likely that locally higher zones of soil I permeability exist to further decrease potential for system backup or failure. We also recommend using a conservative design safety factor to accommodate a potential decrease in soil •permeability over time as a result of siltation, clogging or caking of the soil subgrade. Care I should also be taken to specify clean (no fines), open graded crushed rock, and appropriate erosion control measures in constructing the system. Stormwater systems should be designed with an overflow outlet directed away from structures. 1 LIMITATIONS I We have prepared this report for use by Vic Accomando Consulting Engineer, and his clients or ' authorized agents for specific application to this site and project. The data and conclusions contained in this report are based on site and subsurface conditions at the time of our work. I These conclusions and interpretations should not be considered as warranty of the subsurface conditions. Experience has shown that subsurface soil and groundwater conditions can vary I significantly over small distances. Inconsistent conditions can occur between explorations and not be detected by a geotechnical study. Infiltration rates of the as -built systems may differ from the rates measured in the field. If, during future site operations, subsurface conditions are I encountered which vary appreciably from those described herein, CGI should be notified for review of the recommendations of this report, and revision of such if necessary. If the proposed storm water disposal system changes from that described in this report, our conclusions and I recommendations should also be reviewed. This report does not address environmental impacts of subsurface storm water infiltration or effects of storm water infiltration on regional flood events. I III /ces, Inc. Southwest Rosewood Court • Chinook GooSery Report No. 08-074-1 1 June 25, 2008 Page 4 of 4 I Please contact the undersigned at (360) 695 -8500 if you have questions conceming this report or need additional information or services. 1 Sincerely, Chinook GeoServices, Inc. 1 o PROF . 0ERTIFfF d �S � GINE` � 4 .e P I 4'116,590 -c r OREGON -P . WARREN KRAGER ' I , ' / ' 1 '-- m... E9 ��R I FAiNG GE 4 L M - 0e o /2-37 o.$ 1 EXPIRES 121311 I R Warren Krager, R.G., C.E.G. Marcella Boyer, P.E., G.E. Principal Engineering Geologist Principal Geotechnical Engineer I Attachments: Figure 1 - Site Vicinity Map Figure 2 - Proposed Site Layout and Exploration Locations I • 1 • 1. II 1 1 1 1 . . FIGURE 1: SITE LOCATION PLAT, 122.77500° W 122.75833° W WGS84 122.74167° W ' j r!-E , - 1111 -i i iRit...„M ,; •' 7 4 7 `W. — ' -- i 5 .1`.9V , — :•-• - ... 7-0 . -., - ,i' „?.?,\'''':..-- ...g_ / I t ___!r:;:.....;,';.) . .- f N - f? 4 , , ft. . ii nt.;:a - +Se L,..: .: ; e '' =I:- . !-24- - ;' al- em :Et I II - 'M .1 ),..,„,„,.., : Z � - n ..; 4 .4...:- �; �'r ' � y.$,�,�' - Ti i. R, . `' ; fir °i ` �' 1 • °O � . • • . ��.� - �G.7 ;f.' shy' ...,:i05-:- =m '` 7; ' .. 'I �� : ' ; " f �: /� v � 3 , w 1�.�. ^E 1r ` _ i j - S ,r ; :3- „�`. A O :? .,j ,� Y S.+ri• + �, . , `\ :.: -; . � �1 \•'1. 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(A, .:;� i' � {:, . � _:. � ' Kill � � ., I � "� ti_� ��r i � c � '•. t;1 " .u�..Si: . ® J , , t ei ?!' �.:. g �t Tom`, ,yD �' '•'c.:. - la , e. ae 05 1 C °Aliti o: e ;8 V ` C O _ ! f{{ . a !_ � :„ { 1 `x b' 122.77500° W 122.75833° W WGS84 122.74167° W 'N . \�...N� NATIONAL 0.0 0•s 1 GEOGRAPHIC . , . , . • ' . , • 1 miles 16Y2° 0 . 0 0.5 1.0 1.5 km 06/25/08 • Scale: 1 inch = 2,000 feet I Report No. Rosewood Court Lot Partition 08-074-1 14010 Southwest Hall Boulevard • Chino G eO S erVICeS Inc �t Tax Map 2S 1 12BB, Tax Lots 200 and 201 Date: Tigard, Oregon June 26, 2008 1 FIGUR• SITE PLAN 1N1TH EXPLORATIONSCATIONS • . ....i.,,,..7_ _ _ I 6 , • ?,1 \ 1 ‘4_... _ .. _ .. .. _ ..,_,_ . •, _ _-..---- .._ _ _ _ ka, ,—(a .. • ,-... - , -- • I s., 0 04..%, t — —.- DRAW WO 3 - 4 ; •;,. I 3 ) . 1.17.1- 3 '. li i / ( I / 1 A ' .3 i'lli / ,--.. 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A4041 1 T_,---,, : ■ t I i sr • 7 ay t5 , f Match Line j 1 i / 1 ! s, :v i f f4NNICI CREEK RD SIN col ' : • 6 112 0 k lk . • • .1 RPJ.956.00 .... . f___ 1 / i i ' : I ' It cur ta- 9 M in1 9 I ',. / / A 4 f Cm ! mem vas # t • 174774. I ‘ '. < cfr a /, 1 , . , i- , „-- ,e i , zu.,572 / 3 i I \ 11 „.. / ..._ . 11 : / / / /: , 1 1 : ?.. : / 1./ /j r 14073 it la na i It g aj w ir e ts5.6 " 1 : ' /./". 1 '''‘ • 1 FAUN° CREEK RD : ,.. f .vt • _ . •._ .. _ ,' . r kfL ,./ .-." -.1." • 2. 1 — /...._ I 1 *. r ./ ,f ----. •• / - 1 1 '''''' --. — — — c - - ..k ... .... _ . -- --- — I 1 Legend 1 • Approximate Locations of Test Pit Explorations. . N .. Source: Vic Accomando Consulting Engineer Sheet C5 dated 08-28-07 7:„.......,. • • -. .f' " -.', Chinook GeoSermes Inc. Tax ! • • Rosewood Court Lot Partition 14010 Southwest Hall Boulevard Map 2S 1 12BB, Tax Lots 200 and 201 Tigard, Oregon Seale: Not to Scale • Report No. 08-074-1 Date: June 26, 2008 i • Acess Management Plan • II = I am 1 r e 1 ACCESS MANAGEMENT REPORT For • "ROSEWOOD COURT" 1 4 -LOT SUBDIVISION 1 14010 S.W. HALL BOULEVARD TAX MAP 2S1 12BB, TAX LOT 200 & 201 TIGARD, OREGON 97223 1 • JANUARY 04, 2008 1 Access management is control or limiting of access on arterial and collector facilities to preserve functional capacity. Access management extends to local streets to insure that the driveway /roadways are safe, meeting adequate stacking, sight distance and deceleration requirements as set by ODOT, Washington County and I AASHTO. This report addresses two separate elements of access relating to this project; SW Hall Blvd. and SW Fanno Creek Road. 1 SW Hall Blvd. This assessment concerns the existing SW Hall Blvd. access providing ingress /egress to 14010 SW Hall Blvd. and 13990 SW Hall Blvd. The abutting properties both utilize a private driveway leading to a 15 -ft. wide I concrete driveway approach with curb drop directly opposite SW McDonald Avenue which forms a 4-way controlled intersection with Hall Blvd., an ODOT owned and maintained arterial. All four directions are traffic light controlled with separate signal poles and mast arms. 1 The City has directed that the Hall Blvd. access be closed and access to the site be relocated to Fanno Creek Road. This necessitates removing the driveway approach and replacing the curb drop and the affected slanted 1 sidewalk with exposed curb and a 2.0% cross -slope sidewalk. Also, the asphalt drive portion in the right -of- way will be removed along with the loop detector and junction box and replaced with vegetative groundcover. The signal heads mounted on the pole on the northwest corner face the private drive and will be dismantled I with the closure of the driveway. ODOT personnel will reprogram the controller to a three -way signal controlled "Tee" intersection. SW Fanno Creek Road I This part of the access management report discusses the safety and operation of the proposed site access on Fanno Creek Road. I Trip Generation To estimate the number of additional trips generated by the 4 -lot development and re- routing the 13990 address to Fanno Creek Road, a local street, trip rates generated from the TRIP GENERATION" manual, Seventh Edition published by the Institute of Transportation Engineers (ITE) were employed. It is estimated that a total of 5 trips will be generated during the morning peak hour, with 4 exiting the ' private street and 1 entering. During the evening peak hour, 7 trips are expected, with 5 entering and 2 exiting the site. Directional distribution from the proposed site considers a northerly left -turn 700 -ft route from SW Fanno Creek Road to Hall Blvd. or a right -turn drcuitous half -mile route meandering to SW Bonita Road opposite SW 79 Avenue. The degree of difficulty of maneuvering the course to Bonita Road means 1 • 1 • • that all am and pm exit trips will utilize the northbound route to Hall Blvd. without lengthening queues on SW Fanno Creek Road. Site access The throat or "flagpole" of the east access location on SW Fanno Creek Road is approximately 700 feet from the Hall Blvd. right -of -way line to the north and 260 feet to the Fanno Creek Road /Colony Creek ' Court intersection to the south, therefore the access is not within the influence area of a collector or an arterial. Because the street frontage is less than 150 feet, the applicant must explore any option for shared access. However, the adjacent parcel to the north, 13985 Fanno Creek Road is a residential property with ' access to SW Merlyne Court. The adjacent property to the south, 14041 Fanno Creek Road has access 43 feet from the proposed private drive; Shared access is not possible. ' Based on the limited traffic volumes at the private drive /Fanno Creek intersection, northbound queues on Fanno Creek Road are expected not to exceed two vehicles and are not within the influence of any intersection and there will not be significant impact to through traffic on SW Fanno Creek Road. 1 Site distance ' Stopping sight distance standards identify the minimum sight distance required for safe operation of a driveway or private street intersection, allowing oncoming drivers adequate sight distance to react with vehicles entering the public street at the access location. As long as the minimum stopping sight distances I are available at the proposed access locations, the private drive can operate safely. The access for this proposal is located adjacent to the site's north property line onto SW Fanno Creek Road. The speed limit along Fanno Creek Road is 25 mph based upon the posted speed limit. Stopping sight distance standards are based on the speed of oncoming traffic. For a local street, with a speed limit of 25 mph, the minimum required stopping sight distance is 150 feet. In accordance with ' AASHTO Green Book procedures, stopping sight distance at the proposed access was based on an eye height of 3.5 feet and an object height of 4.25 feet measured 10 feet from the near edge of pavement (curb). As required by Code Section 18.705.030H.1., sight distance from the access was measured to be 270 feet to the south along Fanno Creek Road. This site distance is acceptable for the northbound traffic on Fanno Creek Road. ' The City of Tigard Public Improvement Design Standards require minimum centerline radius of 166 -ft. for a local street. The non - standard 100 -ft radius reverse -curve portion of Fanno Creek Road to the north of the private street access requires consideration of another standard. Vehicles turning through the curves must ' slow to make the turns. As a result, the speed of vehicles approaching the proposed access is limited to less than 25 mph. Right turn maneuvers through a minor street are generally made at speeds of up to 18 mph. 1 Referring to AASHTO "A POLICY on GEOMETRIC DESIGN of HIGHWAYS and STREETS; 1990, chapter III, Elements of Design, Figure III -18 (below) the maximum safe speed for a 100 -ft. radius is 20 mph. Table III -1 (below) indicates a stopping sight distance of 107 feet. Sight distance from the access to the north on Fanno Creek Road was measured to be 94 feet; therefore the stopping sight distance to the north is deficient. A posted speed of 15 mph for southbound vehicles maneuvering through the curves would require a stopping sight distance of 82 feet. A posted reduced speed for this portion of the street would be sensible for vehicles actually traveling at a 95 -ft. radius path, even without a proposed access. It is therefore requested that the traffic calming measure of a reduced speed posting and /or speed cushions be approved on Fanno Creek Road funded by this project. Otherwise, maintaining the access on Hall Blvd. may be the only altemative. 1 1 • • 1 J ,� Plax, e 1 ,.050 IMiurI I F Jr�,�i ' � le .rf a . 1 ,, /I A I I ,/ //% r, . 1 - I� 111 NIlEI►I % W /./,/, OI II 1Iir111II lIv/I/I /1I/%%/ ; �i 1 o 1 "I r 1 3 1 I■ ' IldliglinFATNA 1 % . I /P 111111111111 /I� 1►�►.�i. I Pairgrir 4. !IOW'''. 41111111WAVA a , �►I Ni1�ri►i�1►� 1 st xl .050 i I5 20 25 30 35 40 x 1 Vehicle Speed. V (mph) a. 1 Figure 111 -18. Maximum safe and comfortable speed for horizon- r7 tal curves on low-speed urban streets. 'a 1 1 Assumed Braking Stoppling Sight ' ng pping � Distance Design Speed for Brake Reaction Coefficient Distance Rounded I Speed Condition Time Distance of Friction on Level Computed for Design (mph) (mtd►) ( ) (ft) f (ft) (ft) (ft) 20 20-20 2.5 73.3 -73.3 0.40 33.3 -33.3 106.7 -106.7 125 -125 I 25 24-25 2.5 88.0 -91.7 0.38 50.5-54.8 138.5 -146.5 150 -150 30 28 -30 2.5 102 -7 -110.0 0.35 74.7 85.7 177.3 -195.7 200 -200 35 32 -35 2.5 117.3 -128.3 0.34 100.4 -120.1 217.7 -248.4 225 -250 I 40 36-40 2.5 132.0 -146.7 0.32 135.0 -166.7 267.0 -313.3 172.0 -217.7 318.7 -382.7 275 -325 45 40 45 2.5 146.7 -165.0 0.31 325 -400 50 44-50 2.5 161.3 -183.3 0.30 215.1 -277.8 376.4 -461.1 400 -475 1 55 48 -55 2.5 176.0 -201.7 0.30 256.0 -336.1 432.0 -537.8 450 -550 60 52 -60 2.5 190.7 -220.0 0.29 310.8-413.8 501.5 -633.8 525 -650 65 55-65 2.5 201.7 -238.3 0.29 347.7 485.6 549.4 -724.0 550 -725 70 58 -70 2.5 212.7-256.7 0.28 400.5 -583.3 613.1 -840.0 625 -850 1 Table 111-1. Stopping sight distance (wet pavements). 1 1 1 1 • • Preliminary site distance certification In conclusion, I hereby certify that intersection sight distance to the south is 270 feet and conforms to the 1 requirements for sight distance at the proposed site as set forth in the Tigard Development Code. Intersection sight distance to the north can conform to the requirements for sight distance at the proposed site based on the following conditions: 1 1. SW Fanno Creek Road be posted with a 15 mph speed limit sign near the entrance to the reverse curves beginning at SW John Court and or speed cushions be installed from SW Johns Court to SW Char Court. A 16,221 B . is -sd - 09 r - OREGON o0 14 b9 1 1 END OF NARRATIVE 1 1 1 1 1 • 1 1 10 1 Pre - Application / Conference Notes • • 11111 • • • • • • • • • • • • • • — • • •• -' . k',:*4i''': N , . 1 - CITY:: .O _TIG : . PRE - APPLICATION CONFERENCE NOTES ' ° .re licatton Pteetin are .Note Valid for -2,:,., ix b Mo : = o • -1 PRE -APP. MTG. DATE D p� 1 iat i � ' STAFF AT PRE -APP.: 'ei 1 I LA) s RESIDENTIAL II I APPLICANT: -t i Le Lct ®.iccsk. AGENT: Vie P c.c:.orr exn d o Phone:. L ' 3o - aS tai Phone: (sox) a-10- SZ t `' PROPERTY LOCATION: ADDRESS /GENERAL LOTION: t%a 1O S10 t-Ac._U ( lud ._' TAX MAP(S)/LOT #(S): i S I 1 a all . , -1-0...v. Lots .2. oo dtha, 01 NECESSARY APPLICATIONS: Su4,1,,c1 ;v-i s ia" ( S u %) -1 PROPOSAL DESCRIPTION: ; o-i A c Oft, . tl i 0.4'S - ac. re, lo{' ihto f*' M C S) 1 c*J or sj r !t- - I � � ty a !L: ,r • Ur.wwlcr -' ex; tt;I ` ait k - - . lime . COMPREHENSIVE PLAN `� I MAP DESIGNATION: IMe-di u.w. - eie ltit ci 1.7 R>csF {ial_ t I . ZONING MAP DESIGNATION: R -1 ` - 1 ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. S 10 1 MINIMUM LOT SIZE: Sec' sq. ft. Average Min. lot width: Tv ft. Max. building height: 3S" ft. I Setbacks: Front 1.S ft. Side .S ft. Rear ;iS ft. Corner tb ft. from street. MAXIMUM SITE COVERAGE?% Minimum landscaped or natural vegetation area: e l() %. GARAGES:aaft- _,,( NEIGHBORHOOD MEETING Eater to the Neighborhood Meeting Handout] THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two _' (2) weeks between the mailing date and the meeting date is required_ Please review the Land Use Notification handout concerning site .posting and the meeting notice. Meeting is to be held prior to ' submitting your application or the application will not be accepted.. * NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. 1 —' CITY OF TIGARD Pre - Application Conference Notes Page 1 of 9 Residential Application/Planning Unman section ' 1 • • f 'NARRATIVE (Refer to Code Chapter 18.390) I The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. The applicant should review I the code for applicable criteria. IMPACT STUDY (Refer to Code Sections 18.390.040 and 18.390.0501 As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE I AN IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. . The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type I of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real I property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. I ,K ACCESS ( Refer to Chapters 18.705 and 18.765) Minimum number of accesses: 1 Minimum access width: 2 Minimum pavement width: . # )Of{- ' ❑ WALKWAY REQUIREMENTS Meter to Code Chapter 181051 Within all ATTACHED HOUSING (except two - family dwellings) and multi - family developments, each I residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING AREA, COMMON OPEN SPACE AND RECREATION FACILITIES. I ,s RESIDENTIAL DENSITY CALCULATION (Refer to Code Chapter 18.7151 - SEE EXAMPLE BELOW. The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as I specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s) from the gross site area: All sensitive lands areas including: I ➢ Land within the 100 -year floodplain; ➢ Slopes exceeding 25 %; ➢ Drainageways; and ➢ Wetlands for the R -1, R -2, R -3.5, R-4.5 and R -7 zoning districts. I Public right -of -way dedication: ➢ Single- family allocate 20% of gross acres for public facilities; or •➢ Multi- family allocate 15% of gross acres for public facilities; or I ➢ If available, the actual public facility square footage can be used for deduction. EXAMPLE OF RESIDENTIAL DENSITY CALCULATIONS: I d EXAMPLE: USING A ONE ACRE SITE IN THE R -12 ZONE (3,050 MINIMUM LOT SIZE) WITH NO DEDUCTION FOR SENSITIVE LANDS I Single - Family Multi-Family 43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area 8,712 sq. ft. (20 %) for public right-of-way 6,534 sg. ft. (15 %) for public right -of -way • I HET: 34,848 square feet tiff: 37,026 square feet 4 ' 3.050 (minimum lot area) + 3,050 (minimum lot area) 11.4 Units Per Acre = 12.1 Units Per Acre I * The Development Code requites that the netslte area exist for the next whole dwelling mnit. NO ROUNDING UP IS PERMITTED. * Minimum Project Densfy Is 80% of the maximum allowed densftl. TO DETERMINE T81S STANDARD, MULTIPLY THE MAXIMUM NUMBER OF UNITS BY .8. CITY OF TIGARD Pre - Application Conference Notes Page 2 of 9 I Residential Application/Planning Division Section i SPECIAL SETBACKS f • �J KS [Re er t�de Section 18.73D1 D STREETS: feet from the centerline of ' ➢ FLAG LOT: A TEN (10) -FOOT SIDE YARD SETBACK applies to all primary structures. ZERO LOT LINE LOTS: A minimum of a ten (10) -foot separation shall be maintained between each dwelling unit or garage. ' > MULTI- FAMILY RESIDENTIAL building separation standards apply within multiple - family residential developments. 1 ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on Tots less than 2.5 acres in size. Five (5) foot minimum setback from side and rear lot lines. ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. 1 (See applicable zoning district for tie primary structures' setback requirements) ❑ FLAG LOT BUILDING HEIGHT PROVISIONS (Refer to Code Chapter 18330) ' MAXIMUM HEIGHT OF 1 STORIES or 25 feet, whichever is less in most zones; 2'/2 stories, or 35 • feet in R -7, R -12, R -25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are satisfied. 1 ig BUFFERING AND SCREENING (Refer to Code Cbapter18.745) In order TO INCREASE PRIVACY AND -TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE ' OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of ' deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by ' vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. The ESTIMATED REQUIRED ED BUFFERS applicable to your proposal area is: Buffer Level t+ along north boundary. Buffer Level O 4 along east boundary. Buffer Level p 4- along north boundary. Buffer Level O .'t along east boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS FIEQUIRED ALONG: ec- oyv+«1e " •l i LtP� te. �e £c.AW ' edam 'vats Jt &a.a.!- d ' ESCAPING (Refer to C da Chapter t18345, 1 8.745, 18.765 d 18.705) An Pacs + 1 of -car R GOP's'` .sca STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR ' PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right -of -way or on private property within six (6) feet of the right -of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured ' four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on . regulations ' affecting `street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. ❑ RECYCLING ( Refer to Code Chapter 183551 ' Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash /recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Pride Disposal can be reached at (503) 625 -6177. I CITY OF TIGARD Pre - Application Conference Notes Page 3 of 9 Residential Application/Planning Division Section 1 • Al PARKING (Refer to Code Chapt" 18.765 a18.705) ' ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED. Single- family Requires: One (1) space peru parking lss per 00 square and feet. ' D Multiple - family Requires: 1.25 spaces per unit for 1 bedroom; 1.5 spaces per unit for 2 bedrooms; and 1.75 spaces per unit for 3 bedrooms. I Multi - family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. ' NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND /OR DIMENSIONED AS COMPACT SPACES. Parking stalls shall be dimensioned as follows: > Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches. U > Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches. >. Handicapped parking: All parking areas shall provide appropriately located and dimensioned • disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with ' Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. I ❑ BICYCLE RACKS (Refer to Code Section 18 765) BICYCLE RACKS are required FOR MULTI - FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations. I ❑ SENSITIVE LANDS (Refer to Code Chapter 18.775) The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100 -YEAR FLOODPLAIN, NATURAL ' DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre - application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. I ❑ STEEP SLOPES (Refer to Code Section 18.715.070.0) When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. I CLEARWATER SERVICES (CWS) BUFFER STANDARDS (Refer to CWS Bali 01-20/USA Regulations - Chapter 3) LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive ' area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table 1 identifies the required widths: I CITY OF TIGARD Pre- Application Conference Notes Page 4 of 9 Residential Application/Planning Division Section 1 ABLE 3.1 VEGETATED CORRIDOR WUI SOURCE: CWS DESIGN AND CONSTRUCTION S_ TANDARDS MANUAL/RESOLUTION L/RESOLUTION & ORDER 01 -20 ';'3:' �� .t �`n:r. ^.�.. c <- - ' ,- •.tirZ.. .wkJ%+::;__•i ,� -� a. . :n:'.? ^.:', >:: �"�..: r y lb*:'r:�'•!la:•2a'�.•c C:' S te; �r�l :ar.Y: _ '�:f4�.:��;;,�` TP , ,!., M .: , .. , .. r ..-..v . ' l,�.ia ,° ..F..... I ;f..?i.,. :;: --, f ; ; .- ' r YS O PEADJACENT� 'a ' .1N DT : OF VE T • t >�� `�,:- . r.t3°�r _ 4„ � h�:r- >:. � HJ._.. GE ATED .::... , � SEN51T1VE�AREd.DEFINITION. _ - - .,$'_ ...., ....,. -, ..: is .... .. :,.. ��TO SENSIT � ~ 'r. z �� ,.�:;r,. .:�: ;., ��=�= . -- _�z :� ��. IVEAREA. =.. ��,,;- � ::CORRIDOR . �E I • Streams with intermittent flow draining: <25% 15 feet . 0 • 10 to <50 acres • + >50 to <100 acres 25 feet I • Existing or created wetlands <0.5 acre 25 feet • Existing or created wetlands > 0.5 acre <25% 50 feet • Rivers, streams, and springs with year -round flow • Streams with intermittent flow draining >100 acres • I • Natural lakes and ponds • Streams with intermittent flow draining: > 25% • + 10 to <50 acres 30 feet I + >50 to <100 acres 50 feet • Existing or created wetlands >25% • Variable from 50 -200 feet. Measure • Rivers, streams, and springs with year -round flow in 25 - foot increments from the starting I • Streams with intermittent flow draining >100 acres point to the top of ravine (break in • Natural lakes and ponds . <25% slope), add 35 feet past the top of ravine' I 'Starting point for measurement = edge of the defined channel (bankful flow) for streams /rivers, delineated wetland boundary, delineated spring boundary, and /or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river /stream or wetland vegetated corridor, shall not serve as a starting point for measurement. I ? Vegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 3 The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet, if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. • • 1 Restrictions in the Vegetate Corridor: - NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract I from • the water quality protection provided by the vegetated corridor, except as provided for in the USA Design and Construction Standards. I Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be .contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. I op WS Service Provider Letter: PRIOR TO SUBMITTAL of•any land use applications, the applicant must obtain a CWS Service I Provider Letter which will outline the conditions necessary to comply with the CWS R&O 07 -20 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a • CWS Service Provider Letter is not required. 1 J SIGHS Meter to Code Chapter 18.7001 . SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or I height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for Director's review. I TREE REMOVAL PLAN REQUIREMENTS (Refer to Code Section 18.790.030.CJ A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a I development application for a subdivision, partition; site development review, planned development, or conditional use is filed. Protection is preferred over removal where.possible. I CITY OF TIGARD Pre - Application Conference Notes Page 5 of 9 R esidential Applicalion/Planning Division Section I THE TREE PLAN SHALL•CLUDE the following: • D Identification of the location, size, species, and condition of all existing trees greater than 6- I inch caliper. ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according I to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: . Retainage of less than 25% of existing trees over 12 inches in caliper requires a I mitigation program according to Section 18.150.070.D. of no net loss of trees; • . Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; I • Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; . Retainage of 75% or greater of existing trees over 12 inches in caliper requires no 1 Mitigation; > Identification of all trees which are proposed to be removed; and I ➢ A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT I APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. MITIGATION [Refer to Code Section 18.790.060.EJ 1 REPLACEMENT OF A TREE shall take place according to the following guidelines: ➢ A replacement tree shall be a substantially similar species considering site characteristics. I ➢ If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural • resource value. 1 ➢ If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: . 1 . The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the I largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property I or, with the consent of the owner, private property. D The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. I IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a P a rtY ma Y, with the consent of the Director, elect to compensate the City for its costs in performing such tree , 1 replacement. CLEAR VISION AREA (Refer to Code Chapter 18.1951 I The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road /driveway, road /railroad, and road /road intersections. The size of the required clear vision area depends upon the abutting street's functional classification and any I existing obstructions within the clear vision area. The applicant shall show the clear vision areas on the site plan, and identify any obstructions in these areas. ,1 CITY OF TIGARD Pre - Application Conference Notes Page 6 of 9 Residential Applkalion/Ranning Division Sedan • 1 • • I „ FUTURE STREET PLAN AND EXTENSION OF STREETS tRefer to Code Section 18.810.030.FJ A FUTURE STREET PLAN shall: > Be filed by the applicant in conjunction with an application for a subdivision or partition.. The U plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include boundaries of the proposed land division and shall include other parcels within 200 feet surrounding and adjacent to the proposed land division. I D Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and • pedestrian facilities on or within 500 feet of the site. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall I be extended to the boundary lines of the tract to be developed. . X ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.060) I MINIMUM LOT FRONTAGE: 25 . I unless tot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum I 15 -foot wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'/2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 1'/2 times the minimum lot size of the applicable zoning district. I 1 BLOCKS [Refer to Code Section 18.810.0901 • The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the right -of -way center line except where street location is precluded by natural topography, I wetlands or other bodies of water or, pre - existing development. . When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided t through the block. 1 CODE CHAPTERS O 18.330 (Conditional Use) ❑ 1 8.620 (Tigard Triangle Design Standards) ❑ 18.760 (Nonconforming Situations) I 0 18.340 (Director's Interpretation) ❑ 18.630 (Washington Square Regional Center) X. 18.765 (OffStreetParking/Loading Requirements) ❑ 18.350 (Planned Development) ❑ X 18.640 (Durham Quarry Design Standards) ❑ 18.775 (Sensitive Lands Revie4v) t,i ❑ 18.360 (Site Development Review) . 18.705 (Access/Egress►Circutattion) I 18.780 (Signs) I ❑ 18.370 (Variances /Adjustments) ❑ 18.710 (Accessory Residential Units) ❑ 18.785 (Temporary Use Permits) ❑. 18.380 (Zoning Map/Text Amendments) X 18.715 (Density Computations) . A 18.790 (tree Removal) 18.385 (Miscellaneous Permits) 0 1 8.720 (Design Compatibility Standards) 25 18.795 (Vual Clearance Areas) I D X 18.390 (Decision Making Procedures/Impact Study) ❑ 18.725 (Environmental Performance Standards) Lt 18.798 (Wireless Communication Facilities) ❑ 18.410 (Lot Line Adjustments) ❑ 18.730 (Exceptions To Development Standards) NI 18.810 (Street & Utility Improvement Standards) O 18.420 (Land Partitions) ❑ 18.740 (Historic Overlay) 1 ,T4 18.430 ( subdivisions) ❑ 18.742 (Home occupation Permits) ,iiit 18.510 (Residential Zoning Districts) iStI 18.745 (Landscaping & Screening Standards) II 18.520 (Commercial Zoning Districts) ❑ . 18.750 (Manufactured/Mobil Home Regulations) I 0 18.530 (Industrial Zoning Districts) ❑ 18.755 (Mixed Solid Waste/Recycling Storage) 1 1 I CITY OF TIGARD Pre - Application Conference Notes Page 7 of 9 Residential Application/Planning Division Section • 1 • ADDITIONAL CONCERNS OR COMMEINt 1 .j► __ _ , V CLA.A. 1.A.Orti■ . J r • CAM Si d.o b 4-D C.tu_c4c a . f e A- 4 144 L t L .+ I o+ ' C to 44 aM AAPeAcasi o° SI ) hAtzi aryca La le t."° 4zu..t ' (.4 svtcl o s AKC ee t 144i fie nn 444, k P { Adr Q s . A ctiatko %AAA. (,0 4 c, snip Ie -t1i► .si..L cti t a; at.. pt.040 yA' • 1 J 1 1 • 1 1 • • 1 1 1 PROCEDU . Administrative Staff Review. 1 ❑ Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. 0 Public hearing before the Planning Commission with the Commission making a 1 recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council: I APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be 1 returned. The Planning counter closes at 5:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 81/2' x 11 ". One 8' /" x 11" map of a proposed protect shall also be submitted for attachment to the stafA report or 1 administrative decision. Applications with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform. a preliminary review of the application and will determine whether an application is complete within 30 days of the counter I submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. I CITY OF TIGARD Pre- Application Conference Notes Page 8 of 9 Residential Application/Planning Division Section The administrative decisOor public hearing will typically occur iroximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other. jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10 -day public appeal peripd follows all land,yse decisions. An appeal on this matter would be heard by the Tigard }}ecLfl t ql J Ott -ke r . A basic flow chart which illustrates the review process is ava4able from the Planning Division upon request. Land use applications requiring a ublic hearing must have notice posted on -site by the p P Y applicant no less than 10 days prior to the public hearing. This PRE - APPLICATION CONFERENCE AND . THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. SUBDIVISION PLAT NAME RESERVATION (County Surveyors 0Ifice: 503 -548 -88841 PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants are required to complete and file a subdivision plat naming request with the Washington County Surveyor's Office in .order to obtain approvatlreservation for any subdivision name. . Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre - application notes do not include comments from the Building Division. For proposed buildings or modifications to existing _buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure. to be demolished has system development charge (SDC). credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City's policy is to apply those system development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED). I PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. I AN ADDITIONAL PRE - APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE - APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as 1 unnecessary by the Planning Division). PREPARED BY: En& t e44 ``[[ CITY OF TIGARD - STAFF PERSON HOLDING PRE -APP. MEETING PHONE: 503 - 639 - 4171 FAX: 503 =684 -7297 DIRECT: 503 -718- 41 t'. EMAIL enk t L'( . @ tigard- or.gov • TITLE 18 (CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE) INTERNET ADDRESS: www.tlgard or.gov H:\ patty\masters \Pre - App Notes Residentiai.doc Updated: 12- Feb-07 (Engineering section: preapp.eng) CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9 I Residential Application/Planning I vision Section F ---. . PRE- APPLICATION CONFERENCE NOTES ` e I ENGINEERING . SECTION :: Q .:« af fluent .Oregon Community �DeveCopinent Shaping A Better Community PUBLIC FACILITIES Tax Mants): 2S1128B I Tax lolls): 200 Use Type: SUB I The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements I that may be required as a condition of development approval for your proposed project. I Right -of -way dedication: • The City of Tigard requires that land area be dedicated to the public: I (1.) To increase abutting public rights -of -way to the ultimate functional street classification right -of -way width as specified by the Community Development Code; or (2.) For the creation of new streets. t Approval of a development application for this site will require right -of -way dedication for: ® SW Hall Boulevard to 50 feet from centerline (5 -lane Arterial) I ® SW Fanno Creek Drive to 27 feet from centerline 1 n S W to feet I ❑ SW to feet I Street improvements: /1 Half street improvements will be necessary along SW Hall Boulevard (3 -lane section), to I include: ® 24 feet of pavement from centerline I (< concrete curb M storm sewers and other underground utilities I ® 8 -foot concrete sidewalk with 5 foot planter strip Fl street trees sized and spaced per TDC 1 0F TIGARD Pre - Application Conference Notes Pagel of 6 ngineerinn Department Section I • ® street signs, traffi devices, streetlights and a two -year streetlight fee. I ® Other: Sign restrictive covenant for 5 -lane, half- street improvements 1 Xl Half street improvements will be necessary along SW Fanno Creek Drive, to include: ® 16 feet of pavement from centerline I concrete curb ® storm sewers and other underground utilities 1 ® 5 -foot concrete sidewalk with 5 foot planter strip xi street trees sized and spaced per TDC I ® street signs, traffic control devices, streetlights and a two -year streetlight fee. ® Other: 1 ® Full street improvements will be necessary along SW Private Street, to include: 1 ®20 feet of pavement from curb to curb ® concrete curb . I ® storm sewers and other underground utilities ® 5 -foot concrete sidewalk on at least one side 1 ® street trees sized and spaced per TDC ® street signs, traffic control devices, streetlights and a two -year streetlight fee. 1 ® Other: Access to Fanno Creek Drive only I ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement I 11 concrete curb ❑ storm sewers and other underground utilities 1 • ❑ -foot concrete sidewalk street trees I n street signs, traffic control devices, streetlights and a two -year streetlight fee. ❑ Other: 1 ❑ street improvements will be necessary along SW , to include: I ❑ feet of pavement n concrete curb I ❑ storm sewers and other underground utilities ❑. -foot concrete sidewalk T�F TIGARD Pre - Application Conference Notes Page 2 of 6 g i► ring Department Section street trees • ' ❑ street signs, traffic control devices, streetlights and a two -year streetlight fee. ❑ Other: Agreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently I practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to provide a future improvement guarantee. The City Engineer will determine the form of this guarantee. The following street improvements may I be eligible for such a future improvement guarantee: (1.) Fanno Creek Drive I 2. H all Boulevard for the difference between - ( ) en the 3-lane and 5 -lane section Overhead Utili ty Lines: ® Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines 1 adjacent to a development to be 'placed underground or, at the election of the developer, a fee in -lieu of undergrounding can be paid. This requirement is valid even if the utility lines ' are on the opposite side of the street from the site. If the fee in -lieu is proposed, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. • There are existing overhead utility lines which run adjacent to this site along SW Hall Boulevard, east side. Prior to final plat approval, the applicant shall either place these utilities underground, or pay the fee in -lieu described above. Sanita ry Sewers: I The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in Tax Lot 201. The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to extend the public sewer to serve the development. 1 1 Water Supply: The City of Tigard (Phone:(503) 639 -4171) provides public water service in the area of this site. This service provider should be contacted for information regarding water supply for your proposed 111 development. 1 Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612 -7010] I provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. TIGARO Pre - Application Conference Notes Page 3 of 6 g JF ring Department Section 1 • • I Storm Sewer Improvements: I. All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm I drainage plan for the site, and may be required to prepare a sub -basin drainage analysis to ensure that.the proposed system will accommodate runoff from upstream properties when fully developed. I On -site detention is required. 1 Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the I Unified Sewerage Agency (USA) (Resolution and Order No. 00 -7) which requires the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus I contained in 100 percent of the storm water runoff generated from impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in -lieu of constructing an on- site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in -lieu will be offered. If the fee is allowed, it will be based upon the amount of impervious I surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: I ® Construction of an on -site water quality facility. ❑ Payment of the fee in -lieu. Water quality treatment is required for all impervious surface area runoff, existing and proposed. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily I accessible. I 1) No access to Hall Boulevard. Remove driveway. Plat will have a non - access statement. 2) 18.705.030.H.1 Provide preliminary sight distance certification for access onto Fanno Creek Drive with Land Use application for completeness. I 3) Cannot serve more than 6 lots with a private street (including 13990 SW Hall Boulevard). If more than 6 lots are proposed an SUB/PD would be required. 4) Provide preliminary approval from TVFR with Land Use application. I 5) Provide written comments from ODOT for frontage improvements and ROW dedication requirements. 1 TRAFFIC IMPACT FEES I In 1990, Washington County adopted a county -wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon CI' OF TIGARD Pre - Application Conference Notes Page 4 of 6 Engineering Department Section 1 • • the number of trips which are projected to result from the proposed development. The calculation of I the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy I permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. I Pay the TIF PIMITS I Public Facility Improvement (PFI) Permit: Any work within a public right -of -way in the City of Tigard requires a PFI permit from the Engineering Department. A PFI permit application is available at the Planning /Engineering counter in City Hall. I For more extensive work such as street widening improvements, main utility line extensions or subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for review and approval. The Engineering Department fee structure for this permit is considered a cost recovery system. A I deposit is collected with the application, and the City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases where City costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for I any final design - related assistance provided to a Permittee or their engineer prior to submittal of a PFI permit application. This time will be considered part of the administration of the eventual PFI permit. I The Permittee will also be required to post a performance bond, or other such suitable security. Where professional engineered plans are required, the Permittee must execute a Developer /Engineer I Agreement, which will obligate the design engineer to perform the primary inspection of the public improvement construction work. The PFI permit fee structure is as follows: NOTE: If an PEI Permit is required, the applicant must obtain that permit prior to release of any permits from the Building Division. 1 Building Division Permits: I The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503 - 639 -4171, ext. 304. 1 Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi- family projects. This permit will also be required for land partitions where lot ' grading and private utility work is required. This permit covers all on -site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. IT`F TIGARD Pre Application Conference Notes Page 5 of 6 gineering Department Section 1 Building ' Permit (BUP). his permit covers only the construuon of the building and is issued 1 after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi - family buildings. It covers all work necessary for building construction, including sub - trades (excludes grading, etc.). This ' permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the. City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a ' mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. 1 JADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The ' engineer will also be required to indicate which lots have natural slopes between 10% and 20 %, as well as lots that have natural slopes in excess of 20 %. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer I will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall I also indicate the proposed elevations at the four corners of the building. 1 1 PREPARED BY: ► ( o • 3 t • O ca ENGINEERING DEPARTMENT STAFF DATE I Phoue: [5031639 -4111 Fax: 1503) 624 -0752 8- Z3. -0i K. dirnent6 ised: September 2, 2003 1 1 1 1 I Y OF TIGARD Pre - Application Conference Notes Page 6 of 6 Ennfneertng Department Section Arborist Report III • • • 1 David Hunter, Consult•Arborist • 1/29/2007 Project Name: 14010 SW Hall Blvd. Tigard, Oregon Vic Accomando, PE 16750 SW Timberland Drive Beaverton, Oregon 97007 Phone: 503- 890 -5483 ' Fax: 503- 259 -9508 Email: accomando anisn.corn ' Here is the Tree Identification and Report for 14010 SW Hall Blvd. Tigard, OR 97223. This document is part of the Tree Inventory and the Guidelines for the Protection of Trees on Construction Sites. Tree Identification Common Name Code Scientific Name Bigleaf Maple BLM Acer macrophyllum Hawthorn H Crataegus monogyna ' Cherry CH Prunus species Western Red Cedar WRC Thuja plicata Dogwood D Cornus nuttalli Black Walnut BW Juglans nigra Horse Chestnut CN Aesculus hippocastanum Engelmann Spruce S Pieca engelmannii ' Holly HO Ilex aquifolium Plum PL Prunus species Apple A Malus species 1 Inspection Date: January 15, 2007. This report is a companion to the tree inventory data ' collected. The data collected is on an excel data sheet document. Trees or shrubs not noted on the excel sheet were noted as to being on site, and adding to the site characteristics. ' DBH: This is a measurement of tree diameter at breast height, a standard measurement taken at 4.5 feet above ground. ( ' Tags: Tags were placed on the trees for aid in location and identification. Tags should be removed once the project has been completed. White with red dot ribbon was placed with the tags. 1 1 1 DDH /07 -018 1 ' • David Hunter, ConsultirtArborist 1/29/2007 Project Name: 14010 SW Hall Blvd. Tigard, Oregon Condition. Good: Trees rated as good are in apparent good health and appear structurally sound. No apparent problems or immediate concerns. 1 Fair: Trees rated as fair are in a state of decline. It can be possible to remedy some of the trees' problems, but the fact is, once tree decline starts it is difficult to remove / remedy all aspects of the tree decline. ' Poor: Trees rated as poor are in poor health or have structural problems that it difficult, if not impractical to save the tree. Removal is recommended. ' Dead: These trees are dead and may pose an immediate risk due to the extent of decay in the main trunk, stem or larger branching. See hazardous. ' Hazardous: Trees rated as hazardous are not in good shape either structurally or health condition. Some of the hazards can be taken care of by proper pruning, if practical. ' Usually, REMOVAL IS RECOMMENDED as soon as possible to avoid injury to life or property. Trees that are in poor health usually have a low landscape value or even a negative value. The mitigation value for these trees should be similar value of low or none. • The Tree Protection Plan is finalized with exact markings of where the site and development will be on the ground. An accurate assessment of protection measures can be done for the trees to be protected, with the consulting arborist on site for tree ' protection fencing placement, and during the removal of trees in the work area, and during the construction activities as needed or required. 1 I inspected the site on January 15, 2007. Observations and conclusions are as of that date. This narrative is to add additional information to the tree survey data. The site located off ' SW Hall Blvd. The area is ' Recommendations. Follow the Guidelines for the Protection of Trees in Construction Sites. Conclusion. The project will have impact upon the trees, and due to plan for housing, the trees all tit into the foot prints of the housing plans, thus almost all of the trees will need to be removed. 1 DDH/07 -018 2 1 David Hunter, Consul Arborist • 1/29/2007 Project Name: 14010 SW Hall Blvd. Tigard, Oregon ' Certification. ' 1 certify that all the statements in the foregoing report and tree survey are correct to the best of IT knowledge, and are made in good faith. e a/Z o g i _ David D. Hunter, Consulting Arborist American Society of Consulting Arborists — Registered Consulting Arborist # 408 1 ISA Certified Arborist # PN -1068A PNW ISA Certified Tree Risk Assessor # 0150 Professional Forester O' ' P p 9 ° "4 /,� 1 1 1 • t i 1 1 1 • DDH/07 -018 3 1 ventory-SW Hall Blvd. Tigard, OR -1- 20110 1 1 Tap # Species DBH Condition Remarks Remove 1 CH 8 Fair 3 stems at 4' X I 2 BW 3 BW 18 Fair -- 2 stems at 4' 16 Poor __ 2 stems at 4' 4 CN 55 Fair X 5 BLM 58 Fair ,_ X 1 6 SP 11 • Fair X 7 SP 6 Poor X 8 DO 29 Fair -- . X I 9 Haw 10 Poor 2 stems at 3' X 10 PL 7 Fair 5 stems at 4' X 11 HO 7 Fair X I 12 DW 7 Fair X 13 A 9 Poor multiple stems X 14 WRC 17 Poor 2 stems at ground level ' ? • 15 CH 13 Fair ,, X ` 1 1 1 1 1 • 1 1 1 1 1 1 Prepared by David Hunter, RCA # 408 1/29/2007 Page 1 1 . .. .. .. . . . .. .... solimmeloomme me No =I wil ail ma__ EN am me 101-'..- D , 1 1 2 ) -T3 2 . ..-.. • , _, /L//O 5tio i-M-u, 13LuD t T97(--'D / ..fr . . . 1 i • • (N villitll reuricruJ- F G. ....-. • . , . --- • 1 \ ' • 1 1 t \ 1 \ ! 1 1 I '. womb PI ■•■0 m.o. ••■•••• . tiqi NARY 1..C f. .1 Your 7s! 1.;fflii (We 1 it t ........ mom • Min • ... _ mo■or .1.• •■ I NM WNW . 1 I • •,• q) i 1 ' $ 1 I 1 ' I 1 1 1 1 •■••... ■•••■ . ,. • MEW MINN 1 \ .h., ,,, '. • % . . . 1 1 1 1 f.A.,t1 (., ("4,. :.0.. \ .. I \ . 1 I , \ 1 . 1 1 12-7 1 1 8570 I 833t I 8514 I i 13990 ; 1 1 13983 1•. . . 1 ' 1 . .-- 1 1 1 1 1 ‘ i t 1 . I I I . 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Hunter, R � s Project Name: January 17, 2007 I 14010 SW Hall Blvd. Tigard, Oregon 97223 I Guidelines for Protection of Trees on Construction Sites To preserve certain mature trees within a construction site some precautions must be taken to assure that neither the trunk, limbs, nor root system of the tree are excessively I damaged. The root system of a tree is the most vital, the most delicate part of the plant, and the most easily damaged. 1 The root system extends far from the trunk, often beyond the drip line of a tree. The fine absorbing roots, those that collect water and nutrients for the tree, are located primarily I within the top eight to twelve inches of the soil. The roots and soil in this surface layer must be protected from injury. Any encroachment, disturbance, or compaction of the soil around the tree will damage or I destroy the fine absorbing roots. Injury caused by cutting, crushing, suffocation, poisoning, or moisture stress by inundation or dehydration can result in the death of the III tree. Injuries caused during construction projects may not be finally apparent for many years after completion of the project, but can ultimately kill the tree. The following guidelines are minimum standards recommended for the preservation of I trees. These guidelines should be incorporated in construction contracts, and details made available to all parties involved with the work on the site, including equipment operators. Other guidelines and protective measures may also be appropriate, in addition to those I listed below. I 1. Protection Barrier: A protection barrier shall be installed around the tree or trees to be preserved. The barrier shall be constructed of durable fencing material such as I chain -link fencing. This project: the fencing should be chain -link fencing. The barrier shall be placed as far from the base of the tree(s) as possible, preferably at the drip -line. The fencing shall be, maintained in good repair throughout the duration of the project, and shall not be removed, relocated, or encroached upon I without permission of the arborist involved. There shall be signing on the fencing that states who the project site arborist is and a contact phone number, and that no I encroachment occurs without the written consent of the site arborist. 2. Storage of Materials: There shall be NO storage of materials or supplies of any kind within the protection barriers. Concrete and cement materials, block, stone, sand, and soil shall NOT be placed within the drip -line of the tree. 3. Fuel Storage: Fuel storage shall NOT be permitted within 150 feet of any tree to be preserved. Refueling, servicing, and maintenance of equipment and machinery I shall NOT be permitted within 150 feet of protected trees. 4. Debris and Waste Materials: Debris and waste from construction or other activities shall NOT be permitted within the protected areas. Wash -down of concrete or I cement handling equipment, in particular, shall NOT be permitted within 150 feet of protected trees. 1 DDH/07 -017 Tree Protection Guidelines and Construction Sequence 1 David D. Hunter, Rc tered Consulting Arborist # 408 • 2 Project Name: January 17, 2007 ' 14010 SW Hall Blvd. Tigard, Oregon 97223 5. Grade Changes: Grade changes can be particularly damaging to trees. Even as little as two inches of fill can cause the death of a tree. Lowering the grade can destroy ' major portions of a root system. Any grade changes proposed should be approved by an ISA Certified Arborist or a Registered Consulting Arborist of the American Society of Consulting Arborists before construction begins, and precautions taken ' to mitigate potential injuries to trees attempting to preserve. 6. Damages: Any damages or injuries to the trees should be reported to the project arborist as soon as possible. Severed roots shall be pruned cleanly to healthy tissue, ' using proper pruning tools. Broken branches or limbs shall be pruned according to International Society of Arboriculture (ISA) Pruning Guidelines and ANSI A -300 Pruning Standards. ' 7. Preventative Measures: Before construction begins, fertilization of the affected trees is recommended to improve the tree vigor and health. Soil analysis testing should be completed to assure fertilization with appropriate fertilization products. ' Pruning of the tree canopies and branches should be done at the direction of the project arborist to remove any dead or broken branches, and to provide the necessary clearance for construction equipment. 1 ASSUMPTIONS AND LINIITING CONDITIONS 1 1. Any legal description provided to the consultant is assumed to be correct. Any titles and ownership's to any property are assumed to be good and marketable. No ' responsibility is assumed for matters legal in character. Any and all property is appraised or evaluated as though free and clear, under responsible ownership and competent management. ' 2. It is assumed that any property is not in violation of any applicable codes, ordinances, statutes, or other governmental regulations. 3. Care has been taken to obtain all information from reliable sources. All data has ' been verified insofar as possible; however, the consultant can neither guarantee nor be responsible for the accuracy of information provided by others. 4. The consultant shall not be required to give testimony or to attend court by reason ' of this report, unless subsequent contractual arrangements are made, including payment of an additional fee for such services described in the fee schedule and contract of engagement. ' 5. Loss or alteration of any of this report, invalidates the entire report. 6. Possession of this report or a copy thereof does not imply right of publication or use for any other than the person to whom it is addressed, without the prior ' expressed written or verbal consent of the consultant/ appraiser. 7. Neither all nor any part of the contents of this report, nor copy thereof, shall be conveyed by anyone, including the client, to the public through advertising, public ' relations, news, sales, or other media, without the prior expressed written or verbal consent of the consultant/ appraiser — particularly as to value conclusions, identity of the consultant/ appraiser, or any reference to any professional society or institute ' or to any installed designation, conferred upon the consultant/ appraiser as stated in his qualifications. DDH/07 -017 Tree Protection Guidelines and Construction Sequence 1 1 David D. Hunter, Reered Consulting Arborist # 408 • 3 Project Name: January 17, 2007 1 14010 SW Hall Blvd. Tigard, Oregon 97223 Construction Sequence ' 1. Before: Before work is started, the tree protection fencin g must be installed, with guidance of the project arborist. Any pruning to avoid conflict with the fencing can 1 be done by the project arborist during installation. Fencing should be signed with project arborist and/or city arborist contact information. Signing should face out toward work area. 1 2. During: The tree protection plan is to save the adjacent trees in the project area, and to have as little impact as possible. Any pruning or removals should follow the Guidelines for the Protection of Trees on Construction Sites must be followed. 1 Large roots over 2" diameter should be dug under or around instead of shear cutting with equipment. If larger roots must be cut the Guidelines must be ' followed. The project arborist will be notified of the cutting of larger roots over 2" of diameter. Project arborist can be on site, with reasonable notice, to be able to aid in the pruning of tree limbs or roots. Project arborist will write report(s) to ' document tree protection work done. 3. After: Project arborist to verify that tree protection standards were met as pertaining to the Guidelines for the Protection of Trees, and write report as needed to document results. z / 1 David D. Hunter, Consulting Arborist . - -" PO Box 324 ,af Forest Grove, OR 97116 ' {' G ` 1 Office: 503- 357 -4344 o� '� Cell: 503 - 319 - 038 ° A Fax: 503- 992 -0169 �'� -FZ' ,3 Email: ddhunterarborist @aol.com e {r 1 • 1 1 1 1. DDH/07 -017 Tree Protection Guidelines and Construction Sequence 1 1 David Hunter, ConsOng Arborist • May 16, 2008 Project Name: Rosewood Court Subdivision Tigard, Oregon 1 Vic Accomando, PE ' 16750 SW Timberland Drive Beaverton, Oregon 97007 • Phone: 503- 890 -5483 ' .Fax: 503 -259 -9508 Email:.........: ' Dear Vic Accomando, I have done a site review and evaluation of the tree inventory and tree protection plan. I ' was asked to reevaluate the large big leaf maple (Acer macraphyllum) tree ( #5) that will have conflicts with the new construction activity. I have also reviewed the City of Tigard letter of incomplete. ' Upon review of the site, site and tree condition and the tree protection plan, it would be very ffi. i line area di over cult 40 % save of the this tree tree The . Just remov wou ing ld the need limbs to be to provide encroached access well to be nto able to drip do proper building construction would leave a very deformed and structurally weak tree. The pruning of the limbs would be greater than 60% of the canopy of the tree. Between the root zone encroachment and the canopy reduction, this tree would appear as a hack job once all the pruning and limb removal was done. ' With the construction activity needed to be done on site, this tree is not a viable candidate to be saved. I recommend that this tree be removed. Certification I certify that all the statements in the foregoing report are correct to the best of my 1 knowledge, and are made in good faith. David D. Hunter (electronic signature) ' David D. Hunter, Consulting Arborist American Society of Consulting Arborists — Registered Consulting Arborist # 408 ISA Certified Arborist # PN -1068A ' ISA Certified Tree Risk Assessor # 0150 Professional Forester 1 D.DH108 -088 1 TVF&R Endorsement • Page l of l 1 • • VIC ACCOMANDO I From: tvfr.com> " "Dalby, John K. <John.Dalby Y @ To: 'VIC ACCOMANDO" <accomando1 @ msn.com> I Cc: "Emily Eng" <Emily©tigard-or.gov> Sent: Tuesday, December 11, 2007 4:51 PM Subject: RE: Subdivision Review I M r. Accomando, I reviewed the submitted documents and I have a few comments. 1 • The drawings didn't identify the location of the nearest fire hydrant. A fire hydrant capable of supplying the required fire flow demand of the largest building hereinafter constructed must be located within 600 feet of Lot 4. I • The turnaround does not meet fire district standards. Each leg of the turnaround must extend at least 70 feet. An acceptable alternative to this requirement would be to install an automatic sprinkler system in each dwelling. The system (s) would have to meet the applicable provisions of National Fire Protection Association Standard No. 13D. "NO Parking" signs must be installed on both sides of the Private Street. - • • I • The CC &R's must identify an enforcement process for illegal parking of vehicles and a copy of those CC &R's forwarded to this office. 'John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road eaverton, OR 97005 -1152 503- 356 -4723 1 From: VIC ACCOMANDO [mailto:accomandol @msn.com] nt: Friday, December 07, 2007 11:17 AM It Dalby, John K. Subject: Subdivision Review er our conversation Thursday evening, I am attaching the proposed 4 -lot subdivision with private drive drawings 'P (pdfs) for your review and endorsement letter and comments. The project is within the jurisdiction of the City of Tigard, located at the intersection of SW McDonald Ave, and SW Hall Blvd. The City has directed that the access to IFEI all Blvd. be removed and access to the site be redirected to SW Fanno Creek Road. The pre -app was held with Emily ng, Associate Planner emily@tigard- or.gov (503 -718 -2712) and all application documents are complete and ready for submittal. If you need clarification or have any questions, I may be reached at 503- 320 -5766. 'Thank you, Vic Accomando 16750 SW Timberland Dr. eaverton, OR 97007 1 . 1 1 1 07/24/2008 Page 1 of 1 mak • VIC ACCOMANDO • ▪ From: " Dalby, John K." <John.Dalby @tvfr.com> To: 'VIC ACCOMANDO" <accomandol @msn.com> ▪ Cc: "Kim McMillan" <KIM @tigard -or.gov> III Sent: Wednesday, March 05, 2008 5:07 PM • Subject: RE: Rosewood Court Subdivision 'The existing fire hydrant is acceptable provided it is capable of supplying the required fire flow demand (1000 gpm @ 20 psi residual pressure for up to 3600 sq. ft.). John K. Dalby, P , De u h' Fire Marshal II Tualatin Valley Fire & Rescue, North Division 1 14480 SW Jenkins Road Beaverton, OR 97005 -1152 503- 356 -4723 1 From: VIC ACCOMANDO [mailto:accomandoi @ msn.com] ent: Wednesday, March 05, 2008 3:59 PM o: Dalby, John K. Subject: Rosewood Court Subdivision '1 apparently hit the send button before 1 was finished. Sorry. Anyway, Kim at City of Tigard asks "Will TVFR count the FH across Fanno Creek Road ?" 1 have enclosed Sheet C3 so you can see the hydrant and the hose laying length. It will be difficult to put a hydrant onsite because the existing water stub to the site is 4 ". Can 1 use the FH on the east side Fanno Creek Rd or should 1 place a hydrant on the west side also next to the entrance? 1 1 1 1 1 1 1 1 07/24/2008 Special Warranty Deed • ID Ism wil . Imi N. N. N. ill III ,,,, Transnation S Atter r ecording return to: Michael 1aDuca 14010 SW Hall Boulevard ltgard.OR 97224 • Until a change is requested, all tax statements stoat! he seize • to the knowing address: Michael LaDucs t4010 SW Ha Boulevard • Tlgard. OR 9 224 U i hn • STATUTORY WARRANTY DEED Edward J. Finley, Grantor, conveys and warrants to Michael T. Labuca Grantee, the fofiowg described real property free of encumbrances except as specifically set forth herein: n SEE ATTACHED EXHIBIT W COI Tax Actotint No. 8511565 and R2031549 ' This party s free of encumbrances, EXCEPT: � 4` SEE EXHIBIT °A" WITH EXCEPTIONS J The hue consideration far this conveyance rs $475.000.60 r 1 ^. I BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE f TITLE SHOULD INQUIRE ABOUT THE PERSONS RIGHTS, W ANY UNDER ORS 197.352. THIS • INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR At.t.tt', RIG THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY • SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO I VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. I Dated N _ day of August, 2006 t ill- r6 -v-di . 4,�,Le Edward). Fint I STATE OF OREQp N f COUNTY OF CA cbC#.1J 5 I The foregoing instrument was acknowledged before me this St. day of August, 2006 by Edward ). Finley I IYOtary Public State of Oregon [ +� My mmmiss:an ex�res: Order No. 43'9043592 � IV r y ri vuSiMOSIONNOZE783, i. 1 .. I Warranty Dent , ORAQ 6/200S; Rev. 02006 .i a • ri • • Exhibit "A" with Exceptions 1 , The following described land being a portion of Lot 1, WILSON ACRES end a portion of that land desedbed in Deed Votunee 93, Page 113, being situated In the Northwest one - quarter of Section 12, Township 2 South, Range 1 West of the Willamette Meridian. City of Tigard, Washington County, Oregon, to wi Commencing at a 1-114 inch Brass plug marking the Northwest comer of Section 12; thence along the North line of Lot 1, WILSON ACRES. South 89 9 48'14" East 180.50 feet to a point that 13 25 Westerly of the Northerly projection of the centerline of SW Fenno Creek Drive and the true point of beginning; thence parallel with the Last said tentet4ine, South 40°17'21• West 30 fee C thence parallel with the North lineal! said Lot 1. North 89°4W1.4" West 115.00 feet; thence parallel with the last said centerline, South 00°17 West 93.07 feet to the North line of the duty recorded plat of COLONY CREEK ESTATES; thence West along the North line of said COLONY CREEK ESTATES to the Southeast corner of that tract conveyed to Tom Milder Builder, Inc., by Deed recorded Marrh 22, 1993 as Retarders Fee Ho. 93020974; thence North 00°17'21^ East 123.07 feet along the West line of said Tam Miller Builder tract to the I Northwest corner thereof thence East along the North line of Lot 1, WILSON ACRES, to the true point of beginning. etCERTING THEREFROM that portion conveyed to the State of Oregon, by and through its Department of Transperation, Highway Division as described in Warranty Deed recorded May 23. 1989 as Fee No. 89- 23134. Washington County Deed of Records. . il Subject to: 1. 2006 -2007 taxes, a lien in an amount to be determined. but not yet payable. P' 2. An easement created by instrument, including the'terms and provisions thereof. ' Recorded : July 21, 1992 As : 92 050214 ! For Sewer 1 3. An easement created by instrument, including the terms and provisions thereat, I Recorded December 18, 1.992 As : 92 090863 In favor of : City of Tigard For : Underground sewer line and appurtenances 4. An easement created by instrument, including the terms and provisions thereof. I Recorded : October 26, 1993 An : 83088335• For . Private easement for ingress & egress, public sanitary sewer, storm drainage, water supply and public & private utilities 1 1 1 1 1 1 1 • 03- 23- 07 ;07:56AM; ;5036281138 # 2/ 3 • • 1 Order No.: 422553 LEGAL DESCRIPTION The following-described tract of land being a portion of Lot 4 of the duly recorded plat of EDG6WOOD, situated in the Southwest quarter of Section 1, and the Southeast quarter of Section 2, Township 2 South, ' Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon. Beginning at a 1 .4 inch brass plug marking the Southeast corner of said Section 2; thence along the South line of said Lot 4, North 89 °35'51" West 68.14 feet; thence North 00 ° 24'09" East 106.00 feet; thence South U 89 °35'51" East 106.00 feet; thence South 00 °24'09" West 105.86 feet to the South line of said Lot 4; thence North 89°48'14" West 37.87 feet to the point of beginning. ' TOGETHER WITH the following described 15 foot wide easement for ingress, egress and utilities being a • • portion of that land as described in deed, Volume 93, Page 113, Washington County Deed Records: Beginning at the Southeast corner of said Section 2; thence South 00°24'09" West 15.00 feet; thence parallel ' with the North line of said Deed North 89 °35'51" West 207.82 feet to the Easterly right of way line of the } 7 1 Oregon State Highway Department as described in Deed recording No. 91- 062546; thence along last said line 1 r North 08 °23'13" West 15.18 feet the North line of Deed Volume 93, Page 113; thence along last said line I South 89°35'51" East 210.14 feet to the point of beginning. ALSO TOGETHER WITH a private easement for ingress and egress and a public easement for sanitary 1 sewer, storm drainage, water supply, public and private utilities described as follows: • Beginning at the Northwest comer of Section 12; thence along the North line of said Lot 1,'South 89°48'14" e41 : 180.50 feet to a point that is 25 feet Westerly of the Northerly � °., Y y protection of the centerline of S.W. Fenno ( ,Creek Drive; thence parallel with last said centerline, South 00 °17'21" West 30.00 feet; thence parallel with the North line of Lot 1, North 89°48'14" West 180.56 feet; thence North 00 °24'09" East 30.00 feet to the point of beginning. • 111 • 1 • • 1 9014710032.rda • 1 • ' MB • OM MI • • IMO 111•I IMO • • NMI • • • IMIll INN • • • • • 1---1 • 20 10 0 20 40 ._______ : 1 i, 1 1 • • 1 5,1.:Nr: 90 . . h 1 I I i: \ \ • •,, 1.---- ,.________.. ____.. M. > , ' 1 ii • co 1 1 1 \ [ - -- \ \ ' V ,, i ' '' ' ' ' ' ' ' ' ' '. r • ' ' ' ^ ' . • ' ' - ' . •• - '. - — - '6 - -:.' • ' ' ..• • -77-7- -• - -' • l/ • • ' •• ' ' :' ''' • Z o.i v !---- 25— 1 ,69 F..• TRACT 'A • ••• • .• , 1Parvet moon e • 1 c 1 1.1 'i S c A----- -- t. \ I ', . I ?, Q- ' ' ---- • T3 — • —. • 115.03 , .1489'4 i 1 • • : I 1 • ii I \ , 1 • S.F. N. r. I •0 g r .,•" Ce ) ' ` SW FANNO CREEK RD '''' I • il . I....) 1 .. , . 1 I 1 • 2 i I I I.:2-1 . ILI ' : • (1.1 J.•••- i : ; i 1 • CU , ) sri. (,) 5,981 I v:1 6.084 o• • 1 F5 '. , %.7 i • I r ,, U ,..,<ZY • . • . I g S.F. "1 1 '1 I 1 , ; •, ; 1 t \ I ' • 14073 : -u• u . c., z 1 \ u; ; • "r-) ; 1 1 1 / / .::. i 1 3 5,811 S. F F. SI. . I ; [ 1 ..0 ril . ,,,, , o . SW FANNO CREEK RD i .. ••I Z :: ' Z I I 1 U. ' ..1:.• 1 ' I's'? • ; ; 1 A \ . i oc, __ _ 1 1 t 1 1 1 k \ 1 • - 43.90 _/.......100.7p N894607' \./. _ .. 1 _ .. .65.00 1 _ 65.00 l _ \ \ ' 1 ■ \ 95 - - .21 --"' I 7035 T - • 67.00 - T 67.00 T \ , \ -- . i 1 1 • ‘. , ‘, : , . • 1 . - 1 ., ,, , \ s , , __ _ _ __ ..._ . ,. ., ! • , ! ; 1 , I , ,• 1 \ ., o, • • : • . 1 . i 1 1 40 \ •,,, A , ; \ ., • ‘• 7 t "-- 14070 mi I f -- --- . - I ; I 1 , 11 - . . ' I ‘ 1 : i. SW NALL BLVD SW -.. - - 8555 8505 8455 1 ; COLONY CREEK I : SW COLONY CREE i ! S1../ COLONY tREFK : I t :I 1 . .. —_-...... t i• 1 SITE DIMENSION PLAN • • Reduced Plan • • • =NM= — — — — — — • • MI • I NM • • • • NM • I I MN • r NM I= MI CALCULATED IMPERVIOUS AREA n / `k� \ v ,,,( / EXISTING NEW D+ d t -- • ' • 1 � -c)..:",„ PUBLIC RICH T -OF -WAY 407 S.F. 392 S.F. ff! , . . ' PRIVATE PROPERTY BUILDING 2,122 S.F. 0,560 S.F. ^ 4 r _ _ WC a,[f PRIVATE STREET /SIDEWALK 0 S.F. 10.915 S.F. - GON`J) Li l19:a ENSI NEER .1 Ib150 55 TUrberkind Dr NET IMPERVIOUS SURFACE: 2.529 S.F. 21.870 S.F. Beav OR 97001 , r' Site l FH, 505 520.5766 NEW IMPERVIOUS SURFACE: 19.338 S.F. _ X .r Flat 505- 259 -9508 excpela ROSEWOOD VICINITY MAP II E COURT NO SCALE ; > • • 4 —LOT SUBDIVISION ! i / 14010 S.W. HALL BOULEVARD ��& TAX MAP 2S1 12BB TAX LOTS 200 & 201 SHEET INDEX • TIGARD, OREGON 97223 C1 COVER SHEET Sr VICINITY MAP C2 EXISTING CONDITIONS MAP 03 SITE DIMENSION PLAN 4 i 04 GRADING AND EROSION CONTROL PLAN 05 PRELIMINARY STORM DRAINAGE PLAN CB PRELIMINARY UTILITIES PLAN 1,1 \ C7 TREE INVENTORY 1 \ A �/ 6r TREE PRESERVATION /MITIGATION PLAN CIVIL ENGINEER /PLANNER I * ; c r^ 08 SW HALL BOULEVARD IMPROVEMENT PLAN Vic Accornondo. Consulting Engineer ! I I R•f I I \..\ \ \ t om.` • 18750 SW Tirnberlond Drive ' 1 1 I,v KM,. 011 w .a.,c VI 1... ar cv I wiay. r 1 • 1 Beaverton, Oregon 97007 — F ! `m �� wr ` t (503)890 -5483 BENCHMARK 7R airs CITY OF TIGARD BENCHMARK N61 ELEVATION 177.54 PROJECT SURVEYOR _ —i I 1 i a --- M � + RAILROAD SPIKE IN POWER POLE SITUATED WE S7 OF O I - I i I F THE INTERSECTION OF SW HALL BLVD & (� SW 80N174 RD �I • Benthln Engineering, Inc. 1 { 1 I.n 1 ,v rrs earn P.O. Bo. 100 ,v ...a n 7 �' I / 1 1 1 1 w r v.ar ro Sherwood. Oregon 971 Y (503)623 -6978 / '' + � 1 I I r.MO Clarro • l I! 1 rws p¢. I • .. J — . PROJECT NOTES APPLICANT 1 . —.. T � sv Wt`AV, "' '� I I .. -1 1 W Ol6n wS[x' ' ,r f Aen [,(I. N t 1M aQr Londcor Properties, LLC _ - -- -. 1 1 11 ,o : ,r corn I I SITE AREA: 37.012 S.F. (0.85 ACRES) P.O. Bon 3006 I I- 1 1 1 1 ZONE: R 7, MEDIUM - DENSITY RESIDENTIAL Woodinville. WA 98072 \`'‘ 1 1 1 I I 1 1 (1 MIN. LOT SIZE: 5.000 S.F. 425 - 488 -1598 - - - 1 AVG. LOT SIZE 6.523 S.F. OWNER I 1 1— — —I — J I JURISDICTION: CITY OF TIGARD. OREGON Mir WATER DEPT., CITY OF TIGARD 1 1 — .. COCO/Zo PP= w — OREGON DEPT. OF TRANSPORTATION R Mike Lo Duca • — — COURT P.O. Bon 3006 1 / CLEAN WATER SERVICES 9.WIVISON Woodinville. WA 98072 ' �.\ //� " — — •• — \� TUALATIN VALLEY FIRE AND RESCUE 425-486-1596 1 �,_// t l "°'°' e n o e o 14010 5W HALL BLVD. TM 2912E8 200 / 201 A dove., ro. ncurn tw io ''''''.1"7/.".• e9e. 00 TIGARD. 0R 917X3 r ,� m. a rgon UM, 710 Wrotkn C.nte. Tne.. s.1 ,o l ' , b 04r 912- 00 -0010 urea OAR 952 -07 -0090 rov mo, ,414. tm4. e u,. rues b e.0; u,. resew. >•w JH 9cA 4, ♦ Moly M . 7rlesw0M nun.w b I. a I -800- 3 32 - 234A _ TIGARD TOPO MAP NO. Gin QUARTER SECTION 15901 � Cl 4520 4520 04101 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • � .._.._ _.._...l S., . \ \ ~ - I SW MERLYNE CT \ - ,.._,., ,.., _. ,,`. c�� ` _,F N� ' � w T ` MA R ,......... R-4.5 1 I I 1 n Is o n p 1 � •• \ } ; an 52 S Vi " " Beaverton, OR 57007 \ .,.".. PH. 509 930 -5166 13985 1 ., ' I I I 1 �' \` `'' - •., \ 13984 FAX 509. 455 -9905 comWMOlom•n<om SW HALL BLVD , 1 i R-7 i i 1 � �` \ - �• FANNO CREEK RD � e 1 1_ _ I I I 1 I �° `, \ \ `\ i s R -7 ` sµ �n l -a 1 8570 I 8536 8514 ! 13990 1 1 \ yw ' 1 • s-16 t'w • ' , ,ssn F • Bic - � SW MERLYN CT I SV MERLYNE CT SV MERLYNE CT SW HALL BLVD : 13985 `• 1,q cMS 1 e fs) -rsas. • T __ 1 1 2S102DD01800 1 71 /* I H _ 1 SW FANNO CREEK RD w t 1 ') I • _� I E 1 , 46' ''II. i -, — .. .. r . r : '' I o } )1 � ll . I ra. r�i • --+� 0' V. w stn .� .. , - -_ � • Il' IA( • H 53.,1 . 0 4 , _ I eam ):1 1 i390J0 N89• tri it .. ' / (.f �l� {'= _ , "_ . N1 -�� - 'i� . -• . �.M1 -1 �_ w- • IY- •� 570 , N' >T w PRATE LIff IQflr G CRT - ' . ,x.97 T —• -'- _ - F -- - � EXIST. ASPHALT TO `f ® _ - I r /:; 115. y - I • 1 —�.- I . = ■ • I - - - BE REMOVE - - - - 1 0 ' N89'�8`14_W.. do � Lq ". _... _ l �', z r ■ 4 - -- - - 1) a® DOWV ®D /' - i i, ' W y M ®� O Su' ACE i i 0 u / 14041 II I 14048 1 t I 1 v w ®u �,) I y SW FANNO CREEK 8640 \ -/% :1 . ,csrw -_i I I q"L � SW FANNO CREEK RD U J. I I 1 b ,�. O 1 ==- -5 -= - - -i L- , 10- © o if 1 j R�7 SW MCDONALD ST t t d d Imo• o - L_� wvrw 9 0 '' rQLY . -< - . LUM I H R-4.$ t 16. m° I : EXIST BL DGS TO P ® ® et Ij ' I G ► O ' , I t ' Q : - _ - -' BE DEMOLISHED i 14073 1 o I p G. • C 0H' BID LCMr e z 14072 E� ��1 ®Iwlt - SW FANNO GREE RD j [q ^' 1 } , \L \. _ I SW FANNO CREEK • \ / 14070 _, _._ _ s, a �{I _ 8405 I q l 1 SW HALL BLVD I _ S COLONY CREEK SW COLONY CREEK I SV COLONY CREEK I SW COLONY I CREEK I 1 I r 1 . y t i I 1 � R-7 PD 1 � ! i l � 1 1 II 'II 11 - I I I I - I • l m 5 6 .. 0 I L - "I I I e Mr.n Ynl -uzn It 1 I I I m cep ! 1 1. hersa • � T I - 1 I g/ I I. I �.: I • ' \ JO / \ L 1 . T I I ROSEWPOD COAT °w,1 -- I 9Max - - -�- -.44~44 4010 S ; - - - -- - - -' - - - - — — —_ — — —.— — —i xe —�—f— — W HALL BLVD. • Y ._.. -.. -..- .. -.. -. - - SW COLONY CREEK CT 12- trM = Iw' 576.5 i TM 251 128 200 1 201 E 1' 56 1 e: _ w " 7. 5, 11 T1GARD, OR 57225 • •, � � - -- -- -- -- - - -- t j ° e a n y EXISTING CONDITIONS MAP w.. °' I ° �" a•H•o, C2 . • • I= • • • ■ MO • NM IIIIII 111111 ME MI MI • VIC ACCOMANDO '1 _ d T b; m..m..,.v , vn.• ••,m CONSLILTUG RKOEER • C. I d I . I s Nu • I I . I 16950 5Y1 rmbeflad Dr SIDEWALK MUCEMT TO CURB (PRIVATE STREET) Bepvefton, pR 47001 PH. 505 970 - 51b6 • 1 --r --I � I` FAX. 509- 239 -950D I occoncnoolemen.cam I �. r. 1 toN.cv too r s w - v rvm S R 3 4 6 • \ NOTES: Mm � tvNm amt roan t / • WWI (H•Il BLSN.) o p . t ltunt0 a wt .. 9 F, SEfTIfN A -. ('N' m ova 50EWAlK •FAY FROM I ' mo.aowm rrtw ii�Nw. n..uv ne.nlue_w. era t. N • I nw[a• w✓IC xP • a ?. "t - Iu6D . w O frtn t . I ` S. MOW IV � •a Wa n t �y Kett •. x 03...1 moor WLL 1E ♦ MAW o ,40 n nil A fun m .. mlOwro w+ c [� S tm m 15 0 D O .. t im ILL n ]1 Trim uKi Iwm.. tM1+rt+ M W �? MAMA 4nO WY Y M t v y - Y �IMY tom/¢ AImM OM[�ut rRO." C 1° N 4yi 't•i Rlily �l ,•"•ir iir. t? .4.4 • \ e r• \ • • 13985 ® a-^ =.� e tANDMO Cwe y _ - SWORN Nnx rw ... wn mt "' •° rnN rn • nE r `\ \ \ -- 13984 • SW HALL BLVD I .,..a..* d �� -- 125 m L g �__ POMMY 142 ®' — P 1 20 \ SW FANNO CREEK RD I \ • 1 L \ . 5, LIGHT I I I R -7 �. \ • I 8 570 I 8536 I 8514 13950 I I \ 1 `I 1 • SW MERLYNE CTI SW MERLYNE CTI SW MERLYNE CT I SV HALL BLVD 2S102DD01800 13985 Y •, 1 1 1 I I SV FANNEI CREEK RD I 1 • ,gy ;;, r I I I / \ ND P • CLEAR VISION AREA : �1 I 1 I. W MCDO ' \ is SIGN I I °n o. -- 'ND KIN i t •• • � --�� 10600 6L.] SIGN 110.90 - 110.90 — V....- . Sr -- - N090Y51'v 390 1 _ .. - .. - - — - ......... r.v ,- - - _ it i — - -- ...._... Z ' - - -- J • K - ? — � lw aim . - �]' l / , _ _ _ _ 4 T V S LUNIMIRE Y SIDENPLK -} 1��, c W \ •_ - - .. ' - , / R __ C ,'Lp'�� tr O T /_ • 0• 62.9) 11 J `' x09'. ICPTIDN ` ` _ .. _ .. :' ,,3 . h I P T Y_ . .355 --- t 3 D I CPI 1 J. 4 j • p: I S70CC7 iPCL I MO PPOKI C', \\11. I` X 14048 SIGN % irP> rtYFt I 1 $ _- __ 8 )a0a7 S FANNO CREEK 1 • StPf[T tPC[ I 'II - A - I 86x0 1 2f {{ �' 1 Sv FANNO CREEK RD 94 I ' SC [ SHEET e 1 73 CO 1 ?. C - R -7 MCDONALD ST T �' ' i b 1 5.861 & a • / R 4.5 1 i j 1 r IF. Ed I cs. ---- -- 1 ' �I �I 1 a 1x073 I I. $ I 1ao72 • . 1 I I � i i I / SW FANNO C RE EK RD ( . I / 1 SW FANNO CREEK ' 1 .._.. _... nVj 6.52 6300 /\ v ! ! .. _... 9521 I ] JJ — N •aY iv 6].00 I . J ' I I ST . 1. I GN T .. _ rros,nw 14070 • 1 - SW H ALL BLVD 8555 I 8505 8455 : 8405 I ! ROSEY1000 I SW COLONY CREEK SW COLONY CREEK I S1./ COLONY CREEK I SW COLONY CREEK I I I GOAT 1 ■ I I I I 1 SUBDIV5109 • 1 R -7 PD 1 I • I I I I I! I I i 14010 sr+ MALL BLVD. • 1 1 1 1 I , 1: TMTI0 OR 91223 of SITE DIMENSION PLAN N ° °O1 • ` -C3 EROSION CONTROL NOTES 1. WHEN 0AIKALL AND MAO OCCURS GAILY 1AREC114N5 DE TIE EROSION AND SEDIMENT 10. ANY ME DE TONIC 70 OTHER HAZARDOUS MATERIALS HMI IALLIOE PROPER STORAGE, AWNICA710N AND 20. TIE ESC MEASURES Sew ON THIS PLAN ARE TIE 0INfMW PFOVIBEMEMTS FOP AMICIPATED SITE ;e CONTROLS me OISEARGE OUT ALLS POST BE ROV10ED BY SOME ARE KNO.EDGEABLE Ate DISPOSAL. CONDITIONS OWING RE CONSTRUCTION /ER)00. THESE *MASSES SHALL LE LAMMADEO AS NEEDED ELPERIENOED IN TIE PRINCIPLES PRACTICES INSTALLATI2 MC NAIMEI4AYE OF TO MAINTAIN CI55IACE WITH ALL RFGCLAT 1046. EROSION AID SECADEM CONTROLS MN MDRNS FOR DE PERNITUE. II. DE E WITTEE MST PROPERLY ERLY MANAGE HAZARDOUS WASTES USED OILS COMAMIE4TE0 SOILS. CONCRETE MASTS SANITARY WASTE. LICCIO WASTE, ON OTTER TOXIC Stesurc S DISCOVERED OA ME RATED MAINS 21. WwITTEN ESC LOGS AVAILABLE 70 HE MAINTAtNEO O^61TE ANG MVAILAE i0 DISTRICT 2. CONSTRUCTION ACTIVITIES CST AVOID OP MINIMIZE EXCAVATION AND CREATION OF BA1E CONSTRCTI N. IN6RCTO S IRON RO.ENT. GROW TRW OCICR60 > TMOOH MAY 3) EACH TEAR. 12. IME APPLICATION RATE Or 1=011011(55 USED TG REESTABLISH VEGETATION MST F2LOM RAMFACTURER'S 3. OWING NET MEATIER PERIOD MOM', STAB7LlIATlON Cr TIE SITE MST LYOP IT RECLO.ENOATId5. M170tEN1 RELEASES FROM 1E.)ILIZERS TO SURFACE MAIMS MST BE MINIMIZED. TIME 63. IN AREAS SIR.FCT TO P110 05 ER105 AAPRP MUST PIAIE BAPS BE USED MUCH MAY ARUM TIE VIC ACCOMANDO iME EMT 7 EACH DAY. RELEASE FERTILIZERS SWAG DE /560 APO CARE SIMAEO BE MACE IN APPLICATION OF FERTILIZERS WITHIN ANY ICATION TIE APPLICATION OF FINE WATER SWAYING PLASTIC 51EFTI1G RE MULCHING OR SIIER CONSULTING ENSER AM WATER MAY RIPARIAN ZONE. APP'RO0D MEASLSRE5. 16150 5W T6nberIO',0 Or A. SEDIAE07 CONTROLS MUST BE INSTALLED AND MAINTAINED ON ALL Law✓ GRADIENT SIDES 13. 04NER OR 665404750 PERSON SHALL BE RESPONSIBLE FOR PAMPER INSTALLATION PW MAINTENANCE OF AL L Beaverton OR 47007 6 THE COSTRCTION SITE AT ALL IDES WRING CONSTRUCTION. DIM M.ST REMAIN IN 23. ALL MAIMED SOILS M51 BE COVERED DORIC MFT WEI7IER 060)065. ERRS)d AND SEDIMENT CONTR IONSLRFS IN ALLORWACE WITH CURRENT CLEAN RATER SERVICES STAWAPpS PH, 505 520 IL PLACE W7 PE LAAEM VEGETATION OR OTTER 0504511657 1010(0170 S 60005(0 SOIL me STATE AC 764(010 REGULATIONS. 50 }3599506 IS ESTABl751ED. 21. AFTER 56 11 O 00,4 ALL ACAS MIMED AND IO T A SILL SHILL DE REPLANTED PITH A accocco ■ rrcd mBnt WolOam 1!. 440 'AMOR A NO TO ANY LAND DISTURBING ACTINIUM .ALL BE TIE C Rr THE IT CLEARING LIMITS 01,65 WATERS LAWN GP455I55 SEED mu O: OMAR IGRA 205 BO 905 BY NEIGHT S. AILSCTIVE [HOTS RUST AMC SEDIMENT CONTRAS LAO MAINTATED AT ALL Apo ANY SEAGITIVE ACAS 5 SWA4 ON IS N AN THIS R ST S AN CLEARLY ARLY DELIMEATI FIRS /P TE55 CAO RED RED AC RTE A E G , 200 BY 1 R TINES ABLE CdA ED FILTER MESS 0 APPROVED. 62! ROVE AL A MOUNTED Ale /ST IF A APPROVES NO 710 M IS 0M),760L BE TI£O BEYOND O ITS C1EARtAG THE OwEA /P£M APPLICATION IITEF APW.ICA Tfd PATE. !CBS. . 0 000 �. PER 0 000 FT. 2 $ k I ITICNIBLF. U -SPARED FILTT ER BAG IS 5 REO/IfED MR 4L L D. 11 CURD P PAM LET FT GId IT BISfMS. CET MAINTAIN DE DEL IIE4TI MAR R TIRE OWAIId TI Di E , b 6 NOTE: VEGETATED CORRIDORS TO O BE DELINEATED WITH DRADF CPISTF COStnEr ION PENS OR APPROVED Eg4t. S0• 6. SIGNIFICANT ANOINTS Y 560146NT Meld LEAVES TAE SITE MST BE DREAMED (F 15. 05100 TO ANY LAW OISTLATOINO ACTIVITIES THE BAPS THAT MST BE INSTALLED ARE GROVEL CONSTRUCTION 78 12' WITHIN 2A 00005 470 RACED BACK ON DE SITE MNO STABILIZED OR PROPE16I EMPAAICE. PERIMETER SEDIMENT CONTROL MO INLET PROTECTION. DEW BAPS (40S7 BE MAINTAINED Fan DE DISPOSED. TI DISPOSED. E CAUSE OF TIE SEDIAFNT RELEASE MST BE F0IN5 .5 PRESENTED FROM OR TI DURATION 0< E PPCCECT, P'S• �--SO �I B- 11 • 9 B „ 2.5• CAUSING A 0£CGARE7CE OF DE DISCHARGE IN THE SAME 2. HOUR. ANY 10- 51REAM CLEAN e Q SID CVRB LP OT SEDIMENT SHALL BE PERFORNE5 ACCORDING TO TIE OREGON DEPARTMENT K STATE M. 17 VEGESATIlE SEED MIXES ARE SPECIFIED. SEEDING WV ACC PLACE NO LATER THAN 5EPIEMER 1st: DE C PEP OCTAL 1 LANDS COLORED TIME raw, MC AND PERCENTAGES or 5660 IN TIE RIO ARE AS IDENTIFIED ON TIE PLANS OR AS SPECIFIES ST TIE _ I ; - - - - - - - - - - - - So f • DE51ON ENGINEER. MAX i%i00,' - 0: j} 2 -.02 - _20J - MAX WV 7. SEDIMENT NOT BE 1NTENTIOALLY 04516) INTO STOW SEAMS DRAINAGE MAYS 70 _ ___ y 10006 MATER BODIES. 17. 171Coa TRUCKS MS ME T USED TO TRANSPORT EO FROM SOILS FR THE 111. 45 C SITE AN TION SI . -.• • i --- _'� i-i ��= W_W - ,y 9 APPROVED EDUIVALEM f5 TO STAIN TIE 5071 ON SITE ITE 47 AT A DESIGNATED LOCATION ARM APPROPRIATE IiPS' ;yH�� i_ _ . rit _ E _ -- - - -•,*.1 11 7 SOIL M/ST BE DRAINED S(6FICIENTLI FoR MI5IMM 5PILLAG5. o B. SEOIPENI MST BE REMOVED FROM AND ALL SEDIMENT CONTRO MEASURES PEN 11 HAS 1 - Cl Y- ASPHALT RXSOWT i i ' Q REACHED A HEIOIT OF 1/3 TIE BARRIER IEIGIT, MO PRIM TO DE CONTROL AEASLARE5 7 - - CY 9' ASPHALT CO470ETC 18. ALL PLRLPIAG OF SEDIMENT LADEN WATER MST BE DISCHARGED OVER AN UDISTU$E4 PREFERABLY VEGETATED UX A+1JI {J REMOVAL. 7' - T • - CRUSHED RO AREA ANO l/POLGn A SEDIMENT CONTROL BAP /I.E. FILTER BAG.) B - W -0' CRUSHED ROCK 0. CLEANING OF ALL STRUCTURES WITH 5LMP5 ANSI JCC7N MEN NNE SEDIMENT RETENTION 15. TIE ESC PLAN MUST BE KEPI 001TE. ALL MEASURES SHOW ON TIE PLANS MIST BE INSTALLED TYPICAL PRIVATE STREET SECTION CA ACIIY NUS BEEN COXED BY 305 AND AT COMMON Or FARM-M. R+OERY TO ENWF 7407 SEDIMENT LADEN WATER 0065 MP ENTER A 5(PFACF KATE. SYSTEM ' 00AOKAY OR OTTER PROPERTIES. STA. 0 +22.3 - 1 +00 NO SCALE Q S 6 26 VC B . WIMATINAmAmr s . Of c TM s i �r \ • - Mt7NArRN EGD yr 7 ^ ---- -- =^ 'u R _ _ x - _ _ A $BErwrRd_ �ni i 8 . ::% 1 '' •.• tom ' ' ._ - ® _ _ - : - G , , i L• D d ,a j � 1 oo raaa wm tee OW am •� 0 • ._.`.__ P. 04a ilia ELSE PRIVATE STREET CENTERLINE PROFILE P .1� �• 704050 STRIPPINOS CXCAVAIMW FILL Z Y J anualom AnRLY¢ .... 1.........r.... wg . T . ... •_`- IX/ANRR 5 p! CY. 1230 C.Y. 75 Cr. ^ 8 W I 1 1� A ^ " I I i I I 515 APPRDACM I I I ✓ CS • _. I - _ _ H ' STD CWl KR - KR HUM 172 R I+ UH + 0 • Qt . MCDO ST 1 ,A . _re m -- 5T M B w �- r -1 1 X44: i_- .CYAN[ • N . _ _ _ _ SL[- SRECrB 7 _ F PE' •. SPAI£NCN-SECDLW_ �, . � ! Q I _.. _..� j __ --- __ }.�__ • .- '-'/_ _�� CU 0'4 - - •• O COURT s- S /i '-_ ��E� •_. j AS CA Fr- T< MK .. - -� -_-�- 1I,. N - 1- y li • 1 � - n Y SIDEV � l ' 4 - �i t . __-. IMTAPLi VNLL p,� W BD-BAW RM \ - i _ i � CRCR Y ILKT FUROR SIDE S]GN 1 {�� L �MK CSrPOCRGN ACI . / _ / t0 AW LVMS/PUCIOft NCIMII' j ll H - - SrRCGT 7G I 1. , / I� - ETrr.> _I - - I I SW ,FANNO CREEK RD I I SW MCDONALD ST + \ I A 1 /� <s / 2 I I I 1 I I •A._.... "- L s I i j 1 j C OURT PRIOR R-4.5 • \ I • " -- - 3 00 S UBDIVISON 1 i I tao73 $ _ _ ' - _ SV FANNO CREEK RD j I ! 21 I I S 14010 S NML BLVD. • 1 L I I ro ( MEMO 7 5 7( 7 _ I «- • - / /� I 1 T 2 51 IZBB 200 E 201 . - _ __ _ _ _ _ - _ - _ _ - . _ _ Gl iI' AH D, OR 91213 . J ! I • ' IAD7D - - 8555 J, 8545 - - - _ .. b .. p 0 >0 O i I ; " N A WA S HALL BLVD I 8455 I SV COLONY CREEK I I SW COLONY CREEK SW COLO CREEK I SV COLON CREEK I I 1591 GRADING PLAN AND EROSION CONTROL PLAN ; � C4 • • • I MI • • • IIM MI • 111011 1.10 ME MO 1111. MN OM ME IIIIIII WATER QUALITY RAIN GARDEN CALCULATION WATER QUALITY CALCULATIONS PRIVATE STREET /SIDEWALK 30. Mater Quality volume (c,) - 0.76 !1 n) u el-eater) eater Quality volume ![ /1 - 0.36 (Tn) • area le /1 ler 12' 0.76P26/0 b. r. -0.36 J0. 915 s. r. 7.5' so' 6. I r �L6. 25' 12 12 .727. e1 c r F PER DETAIL 120 12 R 9' . -79.20 6 STD CURB I SI water quality flow lore) - Water quality volume (C r) Mater quality flow leis) • • Nater quality volume /c VIC ♦lVy�lAalfi�A MAX .....,U)u= TiGI'. 1 " 1/. 400 1e. e00 CONSULT1Mi ENGINEER T ' Lg RA -� -FLAT MAX �� / 79.20 • 327.45 5 15150 5W Teter !are Or /J e:C-3:,:i.,7 - T;''%. 14. 00 1/ /00 BBGVOf10fi.OR11�T /• / /a _ • _ _ _ a _ _ _ - _ _ i -' .7 /\,,, ` - 0.0055 cls -0.013 cIS PHA 509 920 -5755 FAY. 505-259 \' -, .% ��/Q ', ! .♦ .. . ' / \,/�K // / (FILTRATION BED MAT9tLALS IMORBNENCF unto AOIOmen.c o,, 6 - POROUS B.OLMMOUS ASPHALT I. POROUS BITUMINOUS ASPHALT 97ALL BE IN ACCORDANCE NITS 0007 3 COURSE AGGREGATE FOR INFILTRATION BED SHALL BE NAVE t. PAVEMENT SURFACE SHALL BE VACUUMED BIANNUALLY NTH SECTHLW 00715• l MOONING TREATED PERMEABLE BASE OPEN GRADED THE LOMING GRADATION (4494(0 SIZE NUMBER NUMBER 3 A COMMERCIAL CLEANUtO LWIT. p t • - CHOKER COARSE 1,49770 SI ZE MIMBER 57 5 O MX NUN NUMER MODIFED ASPHALT BINDER AND VOID SPACES OF 083.1 4Q 2 - FT. - 5-FT. COARSE AGGREGATE ASSH70 SIZE NUMBER 3 U.S STANDARD SIEVE 925 PERCENT PASSING 1 C E7 STRUCTURE WHIN THE eNFU IRA(ION BED SHALL BE NON -MOLEX CSOTEXTU FABRIC E FABRIC 2.4 TOP FRIER COARSE AGGREGATE SHALL HAVE II& F&LOWNG 2 /,' l00 &CANED OUT &ANNULLY. IMGOMPACICO 50800405 CRA04 TwW (A491i0 SIZE NUMBER 57), 2 90-100 SPAVEMENT WA9HNG SYSTEMS OR COMPRC55E0 AIR UM75 ARE { 5 6 TYPICAL PRIVATE PERVIOUS PAVEMENT SECTION OS STANDARD SIEVE SIZE PERCENT PASSING '14- 35-70 NOT RECOMMENDED. STA. 1 +00 - 3 +35 no SQL/ oo 0-15 e.1MMEDr4IELY CLEAN ANY SOU DEPOSITED ON PAVEMENT. 3 I• 83-100 _ r /t 0-6 6` %f 25-60 5. ONCE Y£ARL 5 ME ENTIRE SURFACE SHALL BC LI WASHED. • 0-I0 YBLO $ NC APPROXIMATELY /Ol VOIDS a 0_5 1. NON - WOIN CE051ISLE SHALL BE MIRAFI IRON OR APPROVED B. DAMASL TD POROUS PAVEMENT CAN BE REPAIRED USING CWAI, CONVENTIONAL NEW- POROUS PATCHING MIX'S AS LONG AS TO PROTECT THE RESERVOIR COURSE DURNG PLACEMENT OF CUMULA RYE AREA REPAIRED DOES NOT EXCEED 1071 a THE NOM COAT ALL 000PAr..86 INSOLE . 00 NS COAT ALL av sa M uAC6e Ha.. iH£ ASPHALT COURSE. PAYED AREA WITS A6S ALT rhait. ORATE ASP., 6.0. GRATE w . __ _ _ _ _ _ _ . . _ . _ _ _ m 1 f -Bl. r 114 w �riZ - -- -- -- --- -- to l� CAST IRON awn 'T• rat ' C al nu. a wn _ ._. - -_ r - -. auuoE I - wrxrwpM a r. - -- 4 • �a ' w PIPE pa I e �� A'rzR HIS 6 SIN -r _ ® ,6 -_ • A MI � elan lee - .. - tw 0 " • r - _ rn• bile: e• = w u v a+ BLB H• ea ' N os• en .1.06116.0 OONeLKa . Ma. P1eN4TIGN run aevATwA. ,sit to *OD _ .. .. i>r:se TO OV!RSL.OW CAT CM D 5 N i OIL TRAP CATCH DASI yr' STORM DRAIN PROFILE a� -: r ; wart I I 8570 8536 • 8514 SW MERLYNE CT SW MERLYNE CT S 13990 ! I N ■ 8 5 MERLYNE CT I SW HALL BLVD 2S10213001800 13985 1 ` i• 1 • li: `/5 - _, � SW FANNO GREEK RD �. ' ` T 1 H 1 ST • 1 �' � w iltr 2SIO2 __- m - -- I. LE r 5r1f COS - /rte - _ ‘2-1- WW lam an _.. _..� 8 .. � -- -- _ �_. - Il --- ` _ _ '- J Qm.V t' -ryR - N - - CA 3;• - - I I E CHAR C - j 1 I -.4 _ J L J -I r y ff ai N , 1 ( . t , , . - -- . - . '..-.- " - 1 : . . 4 1„,i ki4 . - I I i +� I I 11 14041 � I�" t I / ^ L �a F SW C8/1 I X2 1' m 8640 b \ - - - I HTar -Ie6W • • 1 i _ 2 I SV ANNO CREEK RD C BS 1 R m? 1 i. SW MCDONALD ST � I 1 q 1' A _ L I i I n, j 1 I I I ,; - MST m ell 1 • I bP13 41 I R-4.$ ' . 1 1 1 I I 3 I L i n iii f I I .e, ROSETI7OD ' I 1 1TLO CREEK RD .- .._.. r on -.) SW FANNO J I 1 1 I _ - . • I - _ I - - _ _.__ _ _ _ 11 10 SUBDIVISION 9 1 I I _ _ J / ,,y -II r10 . 3 67 °R 10 L � - 1 II _ _ 1. - -- - / N 1!" 2 w (Ir¢r6R 5 - _ _ - _ sru w n - - m�.�.n. .- .. -.. f WDJIPe 1 - I ` -I qrr 67 -.. - ... t - i I z_ -- 1 2 w L } } rSsszSS� - 14010 sW HALL BLVD. I 14070 -. 8555 -- -� - - 8505 - 9455 5' W sw( . 4 57 - 8 TM 251 1288 200 1201 1 I SW HALL BLVD I SW COLONY CREEK SW COLONY CREEK I SW COLONY CREEK I SW CI 11550 52.86 TWOS), OR91223 • 1 I---J-1--1 : ' ` \ i I R -7 PD I I . - • . - .. - NA M' I � . . 1 I I I I �� STORM DRAIN PLAN ,,,,,, MO OM • IIMII I • • • • • I♦ • MB MN 1111. N 111.111 ME ME ik VIC ACCOMANDO CONSULTING EN611EER 18150 511 lifterlMMd Or Beaverton. OR a10O1 PH. 50S 930 -5188 n.IN FAX: 505- 359 -9500 7 ""' aa.n c.TTfolOn m tn.co mo ► ` � ♦ 1 1 ∎ II � .� CUM v a .m . k i :3 _ 1�e� 1, Au. SANITAPY SEWER 7UTERIAC SMALL BE ASrM O 303e 500 35 PVC. pl °�>�w `^^' ' - 0 _ - 1 .. 1 - .. C PLASTIC GRAVITY SETTER PIPE GREEN IN COLOR. a ' yty - Ri:. .R"L ^ e2 1 1. 111111:!2"..':. � �.y - , / �• j` CEMENT LINED PIPE. 2. ALL MATER PIPE TO BE "'TWA JOINT CLASS 52 DUCTILE IRON . R y9` ^ I } Lai :+ . L^7 •~� -• r - �` .= � .i. . Y Y 1 ;r; + _ a w . 1 r N., -- �I �� 3. ALL MATER PIPE TO HAVE MINIMUM 36-15CH COVER FROM TOP OF PIPE • ^ I : ". ' ... Milli N u` �° - I ,- �.. c . - � _ � �" TO FINISH GRADE. 1 F • l.. �:'- . " "' - - o f f .I °.. ��. .n) >•I't [ 1 i ll� •1!!i1 11! . _ i�_:s�=LI: "s:� 4.,._.. n rtr�cr�r 4 vare %i'v'i ��- m'411QL . 39L �t La= V= ...................... • v.- .. TANDMRD MINHOIF -.:. �E�,eoe 90E SEYMER /SIDE STOiO:t . j s.. � e INDEXED PVC �A TED w Q4W �� TRENCH DE BACJ6TIL _ -y PFIDIE �T ��8ats ArAA A s. PI w+l..t w q • I 1 8570 . 8536 • 8514 1 13990 • • SW MERLYNE Cl SW MERLYNE CT SW MERLYNE C1 SW HALL BLVD 13985 1 D"' 2 1 I I I / I 2S1020D01800 SW FANNO CREEK RD \ 1 a I � n n I I � d .� o I � I 1 n 1 LA mzt.xa - - I ^- - -- 6 -- n - - _ '---- _ - �� -^ 1 ° CHAR Cf I. - - - — -\ SW aosewoo0 aouRr - - • ,¢J I � - n S 5 912 V,1 wR1 I —�:. • . 1. Gn ET51 A' I I Asp, (a ' i t - . .- - -A Er _ .alum to JJ - � 51 ° I • ;�' -} 1 I ( I mnsM u• aNn la MIX x - l a I 4 / p q d I - _ .. rntl stw i ' c... I 14040 ` 1 I � ' " 8640 -- ) I i I FANN14041 CREEK . SW FROND CRE SW O RD I o I R -7 SW MCDONALD ST1 11 1 d I ! ( 2 I ! A ! ..— .. —.._ 1 ! I _._. _ I I 1 I E I I I. R4.5 ' I 3 ' i t I ° I 14073 ! zz Z ! 14072 ply-Java, t SV • FANNO LREEK RD I Q I SW FANNO CRE COURT s 1 1 I I .' ! 3 • • ! SUBOIVKION 1 I i - r - 14 5 Y1 HALL BLVD. t 4070 I I TN 251 1255 200 a 201 1 I SW HALL BLVD I SV COLONY CREEK I SV COLONY LREEK I SW COLONY CREEK I SW COLONY I I M'�•OR ` 1722 • 1 `°° PRELIMINARY SANITAR SEWER AND WATER DISTRIBUTION PLAN "R IMA -,1,H.„ ,..., • • 1113 I = MI • • I 4 • • • • • MI I•111 11. • • MID CORRIT OTION SE0E>CE, TREE REMOVAL I PRDTEGT10N NOTES, / uaw OREGON I. WM OC1ORC now S 5TARR0, TM TREE 1000!04 PIDGINS MAT EE 141TALLED, MM MONKS OP no PRD.150 I. ANY EOARKN11. VEMCLES, MACNPERY, GRADING. 0UMFPd. STORA6C. B.RIAL AR0ORST. ANY 1!10016 TO AVOID COIILIGT NTH TIE 1E40049 CAN 9E Oat pY TIC FRO.EG1 ARBOTUST 0.0055 co16lRULTION of DEER 'S, CR DINER LONATRCTON RELATED AG1IVITY IS MI/POSITED 1W t' ANY EE PROTECTOR Eve. /5. '�YW TREE 2. ORP6, NC TREE PROTECTION RAN IS TO SAVE THE AO.WLIT TREES IN M PRo.ECT AREA AND TO MAW AS LITRE W1ACT 101E AS POSEVLE ANY PPH116 OR REMOVALS SIIOLD 10,100 TIE 6NOELI105 FoR TTR 900110IION oF TREES ON GONSTTIOT100 2. OLT TOSS TREES IDEMV ED ON INS APPROVED TIES REMOVAL 9141 MAY T E WEE STEP' MAT EE FOLLOPED. VASE R 0013 OVER 2' IN MOVER R 011 0IS EE Ms 600 OR AR01O NSTEAO of SCAR CU TO6 S RLMDVEO• PROTECTED TO [E (0110 0 MTN E0 900111. IF LARGER ROOTS MAT BE cUT, THE 0450.41ES WST BE FDLLOPED. 0E PROJECT AREORS1 ALL OE MOTIF= ♦ 1C ACCOEIAl\ UV A M =via OF LARO®0 ROOTS OVER 2' M DIAMETER. PROJECT A0Lb BE 0ST CAN 01 SE 1011 T REASONABLE N01100 TO S ANY 900907E REMOVINS A TREE NOT IDpmFIED M 'PRE TO EE RESrNED IV FflC / ' D \� CAN$I)LTING EIKII 0E ALLE TO ND MIDE P4 OE MUNNS Of TREE 1.095 C0 ROOMS. PROJECT AI®OIOST nu. PPtl1E REPORT(S) TO 00001{)!! TREE AND ILLUSTRATED MM A CAROLE ARR10 M !RIDE 0/501.0e IN TR TREE [ l PROTECTION A DOE. T 1 A/42 M FLAN N SMALL EE N VIOLATOR OP R 10.390 OF 16750 501 rrrberlO0 Or TIC IE T I6ARD NLNLIPAL COOL RJR'IANRi TO CRAFTER I.10. CIVIL D, CIVIL INFRACTIONS, INFRACTIONS, INFRACTIONS, ` Beaverton, OR 410 MEOW 9. AFTER, 10 ES, T MEOW TO MAT TREE PROTOLn ME 0X STANDARDS MERE T AS PERTARIMS TO THE'CUDF11K9 FOR THE 1070 OR PERSONA n , FAA I Y 11 00106 A A PROTECTED TREE SMALL PH, 500 920 -51M 11! mammon OF TRE AND Mtn 11 0 11 ! , A 9 WE= TO 0 0 0 1 . 4 1 1 RESULTS. EE SO EC11 M T O A CM. MALTY OF IA T O AS W AND SHALL OE REWIRED TO REPEDY ANY DAMAGE CASED BT TIE VIOLATION JON R �� I FAX 509- 259 -•1506 MIME, E, N RO T00 T T NE M TO, TIC 0 11 *6 6, I) RE90OLAL 1 4 raN fT DCCOrtOl®men.com GP ULAPP ILLY RE O0 oDOUOPPOOEDTEn "AC4ONDANGEP" I' TREE INVENTORY SUMMARY M C70N 0.7 ) or ME T16AR N D MGIPAL can, N 1! O PATIENT of AN ADDITIONAL LML FENALTY REPRSDO MS M ESTMATED vALLE OF VC LOLAPVILLY 000154 OR 000600 IEEE AS DE7ETWOED 15IN0 NO. (PEES NO. TEES /$K13RTASE 740. TREES PERCIgRTAfiE TOTAL TIE MUST GRAM' 10TEAXATONAL SocETY of AREORL4.TIR9 WOE ,12'00.4 im 1 12' '12' TREE5 MI' MT TREES 044. 0-W.M FOR PLANT APtRA1SAL'. 500400 REMOVED PROTECTED PROMO= D REPAID A. 90107 TO LJIACANI6 ANY CONOTCIICTION OR CLEARN9 ACTMIY, TIE > kI 0OMRA•TOR SMALL V.VIT A MI5 REMOVAL APPLICATION MO AN S I 9 I to I 2 I 10% I 190 Pao EROSION 0001001. PLAN PROVIOINS A 00TAILCD A■ALY90 POR EMU TREE 9ROPO0E0 FOR REMOVAL OTM 901E N TIC ROMANO QP (TRW MAKER M 0 , rt, n. I9. 0.90 AND 651. SFEVE5 014. FRE/%T M. CAMPY 00101TION REMOVE PROTECT >12 Tog 0/ L000 '110100 5. MO-LOT SAMYOR'JULL BE GALLED 10 OELMATE PERATO BPFER LMTT0 740. (0514 (5A000) • • 11 704 STA1 ANO ADR PRAM MA510065. I DORT p O WE x .. . f o A 1 _._ ° 'ES o 6. FOLL0Y GLCARIN6 ER IPE IONS. T r 5. A Gt 01 S4 41 01 1 1 0 .04 PA NAM 0' ' ' 6' FAR 'e� cbF - IFk ferric o PRO PID PER iNE peeve OOThIL 510 M9ROKD EY ilE ! E-KR RA1NR ID IA MOOR % d Z 7 0.11_ • 2 -v.' ,ti40. O -S 9690 - 00 i°d AA . � °}°° ° PO.EGT A 4 NORM 00511.7 y/ V 9, x g Q 5 AO MAP I.VOLL Y� � Vr ~4 'At. o� e { ^ O9 " I 000.5V501 xext R 01 FAX IT / O' IPM. rmb• Pool o° o ? ° °�• °0& F•K• P•K 1 BG.tI>00019PRCE 0' SO //MR • : I' r. _ . oo ° ° ° °O ° o o o 9 MvI1NT54 a' x' MR x 1 a- OOM. r - IRE ° ° 41° n� a PLO u' 1 X • , 1 I 4 l / 4P ° °O 8 v°v° II 10.4.) T 70' 101 X gill 11 v � ° S' NO, Probctbn Fares D FL O>OO10 04 MO T SO FAR % 7,00 s APPLE .�. j. �- . - • . • °O MI: P MO[K bn :ow rJ (Dr41YW IA KSIEW KO =AA IT SO AMA X r�] OETAN.S AAR P1D6TtATIVC my [WALL NT LIMA NH1DrY,M@ l� t 080100TaM Ma _ 6•• COWRY 0 10 - (1011/ 00565 OR POST SEL0TON 09 AMY PMMI.LM PEKE 1Y1I. 6 ., Mo+ • 400105a9 SPREE TREE 0*000 D PRON THE 1N59RCRY M 1C■ L0@t BRAILA /6L KM 110E 9 010011ON 0!011074 A . A TREE PROTECTOR DETAIL 4001101104. 00010001 . 1.110 0000 Z .. PRAT TEE MALGID PROM TREE 111AT10N 0 ■ 1 8570 • 8536 • 8514 13950 I I I I M • o- d - • ' SW MERLYNE CT SW MERLYNE CT SW MERLYNE CT I 13985 \ i t 1 ■ SW HALL BLVD • 251020001800 L • am -+ I ILL I SW • FANNO GREEK RD ` I I • t-M I I I I SI FO L McDO u I1 O • z A t, w GU c .. - .. ' - ' - -- SIN ROSEWOOD COURT O 1 RRr -_ - i • M w - W 9' CKRR1 I • 1 I. ad I t - L - - - B -t ,� O Ir J M - 29 I I ® 4 0 14041 I : S • • S iQRGC • I SW FANNO C REEK RD I I I ■ SW MCDONALD ST • ` ' l 4 Z I MVTI®N n� I cc L' I (a ® I I I • . R -4.5 VALP _ 3 ..•n •. 1 O ® 5 9' LEK I I 14073 I 9 17 • CD PA,Rr SW FANNO CREEK RD 1 I I S GOAT - - r I i • 0M010N I 1 SW HALL O BLVD 1 I ,� 85 - 8 505 - I 8 _ .. I . .- ..- ..- 6405 -.. -.. I 14010 HALL BLVD. • \ • � . -.. -.. TM 2511208 200 11 201 • SV COLONY CREEK SW COLONY CREEK I SW COLONY CREEK I SW COLONY CREEK 1 I ; 1 TIGARA. OR 91223 I I I nn 's I I I 0_ PA 'x* TREE INVENTORY & TREE PRESERVATION /MITIGATION PLAN �/ 7,7„:71,1:4:4 -C • • I • • • • • • UM • • • • • MI • 11111 1111 REMOVE MAST A _ 1• - - rte + i x� mow.. I — { : - -L— = —' y / ..J,.....1 EW... i l; ,. s,... UM NOY= 10.11117111.S.16 �„ °L T � VIC ACWMANDO . .. ate o...a� ..e .ANe...v,� I- v.•.�c � roN snNG EAGREER • j - _ - _ - 1O REMOVE ASPHALT FROM S DRIVEWAY APPROACH 70 RIGHT -OF -MAY. 16 ND Timberland a 13 12 a Q , - ,�-'.� 7 � - Y r -- REMOVE TWO LOOP MIRES AND LOOP FEEDER CABLE. ��I 991001 { j, ..... •' r.ae.lnw 'y ...3yi.+. •^^ f PH. 509 920 -5166 ` � 7L I ��' ! ��+� O2 PROVIDE 40 L.F. SAWCUT 2' OFFSET FROM EXISTING CURB. 111.73... F� \JI1 � a j REMOVE IT' WIDE Pow 5n3-259- e .��.. I acomoldolOmanA O} JO' CONCRETE EI SI WIDE' CONCRETE SIDEWALK APPROACH. EW ALK PER 0001 DWG 90720. .Y- 1137. w �y "' CONSTRUCT T r• 1 - '^ ? . CONSTRUCT 7 IO' NQE TEMFR - � 5 � II - _�— CONSTRUCT 40 L.F. CURB S GUTTER PER OD 07' ONG RD700. .. a.•Ene....YiR71Y>A7Z [ r ^ I , '^ ' '� �'- - - �,� _ � i F , ' ' � 1O ARM POLE AM RETURN TO 0007 SHOPS. . i Aih � h . -... eKc:.� :l.I�p�. J � Ii Ir � tS6��. s' ...cee.0 �... • r..+.a,e. 3 Mlr�"•!_1 6 e r ___ O5 REMOV ASPHALT FROM PORTION C T. ORIVENAY ENCROACHING °';,��•r�„.,- .,.„,,,. per, •�L ..� - - - -- . =2 =2 110. �. ON B570/13536/8514 SW NERLYNE C R5 ..e======.1. • @LT - owv...wov.� �i2 ...w.a.s. — o�. Qo PLANT GROUAO OVER IN ALL DISTURBED AREAS OF PAVEMENT REMOVAL. . Y ..� II 6 A Er rme ` °� •"..=.C- S'�t'?.S' --..-- �k� �� MINIM PLANT APPL ICATJON SMALL BE DEER FERN (B1 ePnnV. epiGenf) OR Y -' I r,.....r."1.004 � APPROVED EQUAL. p ....Wr.r.r�,.�r «�� w+..�N.r- •�'•YL"'�rr.�'..r.r '� ...�.r r y O A ONE (1) FOOT NON ACCESS RESERVE STRIP SHALL APPEAR ON T1- i PLAT. p tl1 yy nx I 1 6 1 ) 3 . SW MCRLVNE El - - H _ — 1 ' r I — — ff T SW HALL BLVD. I 1 • — J_ .. 1 1 lRR0.CC7 SITE, , / • SW MCR it 1 �LYPC CT •� [HISTItO AL T ,aDTe d I : SW NALL RCM V _ a0• I TREE END. 1 ( r A to o Iq O I _ _ _ _ 1++ 1 I aM .� == f. 0 \ \ \ \ \ \ \ \\ ORCssR`c sT ' 1 % • • • Y, \�Qs ' I SIN W = g t f' _ - __ -n ro> RLL _ - 1 : SOO c, W • t, CYIST q, 1!A[MbT. ST Ci TR[= -s lir MIMIN RN N�,. : n�OK � Ii {µT V.M% -� - - I f I SW HALL B LI/�. .2— 1 70,9, _ —_ _ - _ - - , I — — — t? V, c NSA -- • _ .. e -- D.L BLVD. SW I 0 1 1BLVD. T 9W0 1 CB t64l I , TL RVL V, SW M[fELD STRCCT roar,* /' I RoSeRT �i� RT ( SUBDN5lON 8 I 14010 5Y MALL BLVD. 2. TIGARD, 01 723 3 (n ' �V N w SW HALL BOULEVARD IMPROVEMENT PLAN 15901 —C8 • • ATTACHMENT 5 Cheryl Caines From: Dalby, John K. [John.Dalby @tvfr.com] Sent: Tuesday, October 07, 2008 7:36 AM To: Cheryl Caines Subject: Rosewood Court Subdivision Revisions Cheryl, The conditions identified in our letter dated August 5, 2008 continue to apply. We have no additional comments or conditions. John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005 -1152 503- 356 -4723 1 • • • Oregon Oregon Department of Transportation I " •'� i ODOT Region 1 t_1: ' Theodore R. Kulongoski, Governor 123 NW Flanders St Portland, OR 97209 - 4037 Telephone (503) 731 -8200 Date: 8/14/2008 FAX (503) 731 -8259 ODOT Response to Local Land Use Notification Project Name: Rosewood Court Applicant: Vic Accomando Jurisdiction: City of Tigard Case #:SUB2008- 00001; VAR2008 -00016 Site Address: 14010 SW Hall Blvd Legal Description: TO2SRO1XS12BB Tigard, OR 97223 Tax Lots) 00200, 00201 State Highway: SW Hall Blvd Mileposts: 6.09 The site is adjacent to the referenced state highway. ODOT has permitting authority for the state highway and an interest in ensuring that the proposed land use is compatible with its safe and efficient operation. Please direct the applicant to the District Contact indicated below to determine permit requirements and obtain application information. ODOT RECOMMENDED LOCAL CONDITIONS OF APPROVAL ® Curb, sidewalk, bikeways and road widening shall be constructed as necessary to be consistent with the local Transportation System Plan and ODOT /ADA standards. ® An ODOT Miscellaneous Permit must be obtained for all work in the highway right of way. ® The applicant must obtain an ODOT permit to place trees in the state right of way. Tree spacing and design must be consistent with Highway Design Manual Technical Bulletin RD06 -03B. Otherwise a design exception must be approved. Illumination plans shall meet ODOT standards and policies. An ODOT Drainage Permit is required for connection to state highway drainage facilities. Connection will only be considered if the site's drainage naturally enters ODOT right of way. The applicant must provide ODOT District with a preliminary drainage plan showing impacts to the highway right of way. A drainage study prepared by an Oregon Registered Professional Engineer is usually required by ODOT if: 1. Total peak runoff entering the highway right of way is greater than 1.77 cubic feet per second; or 2. The improvements create an increase of the impervious surface area greater than 10,758 square feet. ADDITIONAL COMMENTS: Previous ODOT comments dated 2/6/2008 are still applicable. In brief, ODOT supports the City's condition that this property access Fanno Creek Drive only. The existing highway approach permit requires the property owner to close the access to Hall Blvd when the parcel is redeveloped. The new subdivision shall remove the existing driveway and earth ramp and re -grade the slope to match the existing slope from both sides of the right -of -way line. In addition, signal modifications shall be required at the SW Hall Blvd. /SW McDonald St. intersection. All signal modifications shall be approved by ODOT. ODOT Log No: 2924 Please send a copy of the Notice'bf Decision including conditions of appro val to: ODOT Region 1 Planning Development Review 123 NW Flanders St Portland, OR 97209 Development Review Planner Seth Brumley Phone: (503) 731 -8234 Traffic Contact: Martin Jensvold PE Phone: (503) 731 -8219 District 2A Contact: Sam Hunaidi Phone: (503) 229 -5002 ODOT Log No: 2924 • Tualatin Valley . Fire & Rescue August 5, 2008 Cheryl Caines, Associate Planner City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: (VAR) 2008 -00016 Rosewood Court Subdivision Dear Cheryl Thank you for the opportunity to review the proposed site plan surrounding the above named development project. Tualatin Valley Fire & Rescue endorses this proposal predicated on the following criteria and conditions of approval: 1) DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround. (IFC 503.2.5) 2) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: When buildings are completely protected with an approved automatic fire sprinkler system, the requirements for fire apparatus access may be modified as approved by the fire code official. (IFC 503.1.1) As noted on Page 10 of 23, "The owners accept the condition to provide sprinklers." 3) FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (12 feet for up to two dwelling units and accessory buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. Where fire apparatus roadways are less than 26 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 26 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. (IFC 503.2.1) The fire district does not endorse the design concept wherein twenty feet of unobstructed roadway width is not provided. 4) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to IFC Appendix B. (IFC B105.1) The fire hydrant shown on the submitted drawings must be capable of supplying the required fire flow demand. 5) FIRE HYDRANTS — ONE- AND TWO- FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where a portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the structure(s), on -site fire hydrants and mains shall be provided. (IFC 508.5.1) The location of the fire hydrant shown on the submitted drawings meets this requirement. North Division Office 14480 SW Jenkins Road, Beaverton, OR 97005 Phone: 503- 356 -4700 Fax: 503- 644 -2214 www.tvfr.com • I • Tualatin Valley Fire & Rescue 6) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. (IFC 1410.1 & 1412.1) We trust this letter will be helpful with the final design of this proposal insofar as fire apparatus access and firefighting water supplies are concerned. If there is anything about this letter you do not understand, disagree with, or wish to discuss further, please call me. Sincerely, P&L 3i. Da John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005 -1152 (503) 356 -4723 North Division Office 14480 SW Jenkins Road, Beaverton, OR 97005 Phone: 503- 356 -4700 Fax: 503- 644 -2214 www.tvfr.com • • September 29, 2008 OCT 0 3 2008 Ms. Cheryl Caines r r � i;; 'l (C, /,` 1 D Associate Planner Planning Division City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 503. 639 -4171 x 2437 cherylc@tigard-or.gov RE: Subdivision 2008 -00001 Ms. Caines, Following are a list of concerns regarding the proposed subdivision of Rosewood Court located at 14010 SW Hall Blvd. Street Tree: The 16" Black Walnut lies within ODOTS easement and directly under the utility lines. It has been severely cut back over the years and its condition, especially as a street tree should seriously be considered. Has the City Arborist conducted a site inspection to determine the long term health of this particular tree and it's appropriateness to the overall City Street Tree program? Traffic assessment: By shear nature of the proposed intersection it seems hard to imagine that it will conform to local and state street requirements. School Bus stop: Has consideration been given to this potentially hazardous condition created by another intersection in immediate proximity to the school bus stop? Foot print of the proposed home on lot 4 appears to encroach on to our easement. We do not intend to give up any portion of our full easement rights. Storm water retention: With a development of this scope, is it not beneficial to retain all storm water on site? It is my understanding that the City of Tigard is prominent in encouraging this as a requisite to development. • Specific to Community Development Code Chapters, I would like the following addressed: 18.790 Tree removal has taken place on the proposed development site with stumps still standing. As per 18.790.060 isn't this considered illegal? All but 4 trees are being removed but there has not been a mitigation plan develop. The plan clearly indicates 11 trees, however there are a total of 15 standing trees currently on the site plus the ones to be removed. The plan actually indicates one of the tees that has since been cut down. 18.370 Variance and Adjustments states, that it is not intended to be utilized by an applicant for lots yet to be created. Please clarify then how this pertains to this development. , Also, as a side note, there has not been a neighborhood meeting in the past 6 month period. 18.430.020 I Requires adequate drainage to prevent flood damage. Just the opposite is true in concern to our garage and basement as indicated by the grading plan. 18.430.30 C Based on submitted information it seems that 1 V2 years has passed since the date of approval of the original plat. Also noted is the "Expiration of Consulting Engineers State of Oregon Licensure" with expiration date of 12/31/2007 • 18.430.070 B 10 Surveyor's documentation and site monuments have ti. ,t been produced or placed on site. Plans fail to recognize stand of trees along North side of proposed access road (Rosewood Court). Based on curb requirements, the existing trees health is sure to be compromised due to significant root damage caused by the necessary excavation. 18.705.030 G 1 a, b, c Obvious cause or increase to existing traffic conditions promoting a hazardous situation will be created. Access for emergency vehicles does not conform to Uniform Fire Code. Intersection will cause hazardous conditions with clear and present danger. 18.705.030 I 4 a, b, c Does not conform to all three Uniform Fire Code requirements 18.705.030 I 6 Traffic waiting to turn in due to vehicle exiting and with the S curve of Fanno Creek, this is clearly creating a hazardous situation especially with a school bus stop directly opposite. 18.765 How many vehicles will be allowed at each proposed residence, including RV's, boats, trailers, etc.? This needs to be addressed as this has a direct impact on all of the developments requirements for safety. It seems clear that a 2 car maximum per home and zero on street parking is the only allowable criteria. • 18.745 Current plans do not address this Code requirement. Significant loss of privacy will be incurred due to development. Request for detailed landscape and screening plan for neighbors review prior to any final approvals. 18.795 Visual clearance is not per Code requirement and due to S turn coming into the proximity of the proposed Rosewood Court intersection, the visibility is far below the requirement, creating a hazardous situation. 18.810.030 ACc3,4 Traffic Calming Devices and Traffic Study requirement per citied Code requirement. Has this been addressed and if so are results available for review? 18.810 Location, width and grade does not conform as there is a substantial gradient at the proposed intersection. Again, has a traffic flow plan been submitted and approved and if so by who, when, and was an actual onsite survey conducted to document actual site line distances and visual limitations? What happens to 13990 SW Hall's mail delivery? Are we required to now utilize the new proposed developments mail box which the location iC riot knowtiand could be on Fanno Creek ? Street lighting is not indicated on the plan either. This needs to be address, especially as the light pollution generated will have an adverse effect on our immediate current environment. Improper street lighting will impact our master bedroom and main living areas. • Thank you for your time in viewing and responding to these items. I am concerned that all safety and livability issues be completely addressed and that sound judgment will prevail. As our community faces many development issues, it is critical that they all receive the same oversight and meet the same requirements focusing on the overall well being of our citizens. Sincerely, G don D. Kunkle 13990 SW Hall Blvd. Tigard, OR 97223 503 624 5825 gkunkle@earthlink.net Cheryl Caines • • From: June Gaddie [june.gaddie @gmail.com] Sent: Wednesday, October 01, 2008 9:37 PM To: Cheryl Caines Subject: Rosewood Court Subdivision This is the third revised notice we've received about this subdivision which makes me wary about approving these adjustments.As I understand these lots may be smaller than code, the street is shorter and I have no understanding of the ramifications of utilizing an existing black walnut tree as a street tree.Something just doesn't sound quite right to me and makes me wonder about the impact of extra traffic. June Gaddie 8500 SW Colony Creek Ct. Tigard OR , • • 1 • • p^ O A' �.. -'.;..'°' ., o Oregon Oregon Department of Transportation " ... : ' .,:i„."4 z ODOT Region 1 ii.. 1 Theodore R. Kulongoski, Governor 123 NW Flanders St iti59 Portland, OR 97209 - 4037 Telephone (503) 731 -8200 FAX (503) 731 -8259 File code: PLA9 -2A -141 ODOT Case No: 2924 10/3/2008 City of Tigard „ • . ; • Planning Division 13125 SW Hall Blvd ' - Tigard, OR 97223 • Attn: Cheryl Caines, Associate Planner Re: SUB2008- 00001; VAR2008 -00016 & 200800024: Rosewood Court SW Hall Blvd and SW McDonald St Dear Ms. Cheryl Caines, • We have reviewed the applicant's proposal to build a 4 -lot subdivision and the associated Adjustment to the access /egress spacing standard. The site is adjacent to SW Hall Blvd. ODOT has permitting authority for this facility' and an interest in ensuring that the proposed land use is compatible with its safe and efficient operation. To ensure compatibility with state standards and requirements, we request the City of Tigard approve the application with ODOT's recommended conditions of approval from our letter dated August 14 2008. Approval of the Subdivision and Variance will provide the site with alternative access which in turn will support the planned modifications of the signal at the SW Hall Blvd /SW McDonald St. intersection. These modifications will improve the safety and functionality of the state facility at this intersection. Thank you for providing ODOT the opportunity to participate in this land use review. If you have any questions regarding this matter, please contact me at (503) 731 -8234. Sincerely, Seth Brumley Development Review Planner C: Sam Hunaidi, ODOT District 2A Martin Jensvold, ODOT Region 1 Traffic 1 OAR 734 -051 website: http: / /arcweb.sos.state.or.us /rules /OARS 700 /OAR 734/734 051.html ; SUB2008- 00001; VAR2008- DII16, Rosewood Court; • ODOT RESPONSE 2 Please send a copy of the Notice of Decision including conditions of approval to: ODOT Region 1 Planning Development Review 123 NW Flanders St Portland, OR 97209 Cheryl Caines • • From: Brian Rager Sent: Monday, September 29, 2008 11:04 AM To: Cheryl Caines Subject: SUB 2008 - 00001, Rosewood I looked at the app for the adjustment and from PW standpoint there is no reason to object. Thanks. Brian D. Rager Assistant Public Works Director 8777 SW Burnham Street Tigard, OR 97223 503 - 718 -2471 brianr(a,tigard- or.gov Public Works: "Taking Care of Our Community" rpg, r� Troca zoo REQUEST FOR COMMENTS DATE: September 19, 2008 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Cheryl Gaines, Associate Planner (x2437) Phone: (503) 639 -4171 Fax: (503) 624 -3681 Email: cherylc @tigard - or.gov SUBDIVISION (SUB) 2008 - 00001 /ADJUSTMENTS (VAR) 2008 -00016 & 2008 -00024 - ROSEWOOD COURT SUBDIVISION — REQUEST: The applicant is seeking approval for a 4 -lot Subdivision on a .75 -acre site. An existing home on the site will be removed. The lots are proposed to be developed with detached single- family homes. Lot sizes will range from 5,095 to 9,233 square feet. In addition, the applicant is requesting approval for an Adjustment to utilize an existing 16 -inch Black Walnut tree as a street tree. This revised notice includes a request for approval for an Adjustment to the access / egress spacing standard (VAR2008- 00024). The proposed private street (Rosewood Court) does not meet the minimum local street spacing standard along a local street of 125 feet. Spacing to DeeAnn Court to the north is approximately 110 feet. LOCATION: 14010 SW Hall Boulevard; WCTM 2S112BB, Tax Lots 200 and 201. ZONE: R -7: Medium - Density Residential District. 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. 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, 18.780, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: OCTOBER 3, 2008. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: • Name & Number of Person Commenting: TY OF TIGARD REQUEST FO t OMMENTS NOTIFIC ,1 LIST FOR LAND USE & COMMUNITY _OPMENT APPLICATIONS FILE NOS.: 6 ..O U E i - 0 000 1 FILE NAME: i C6 ;.1.. . - - \N•4 c. '`c e J V Ng. ,7 60 t - 0 00 (' v ou a 4 CITY OFFICES • _ LONG RANGE PLANNING /Ron Bunch, Planning Mgr. CURRENT PLANNING/Todd Prager /Arborist- Planner )( PUBLIC WORKS /Brian Rager, Asst. Public Works Dir. BUILDING DIVISION /Mark Vandomelen, Plans Ex. Supervisor X ENGINEERING DEPT. /Kim McMillan, Dvlpmnt. Review Engineer _ PUBLIC WORKS /Steve Martin, Parks Supervisor _ CITY ADMINISTRATION /Cathy Wheatley, City Recorder X ENGINEERING DEPT. /Greg Berry, Project Engineer HEARINGS OFFICER ( +2 sets) _ COMMUNITY DVLPMNT. DEPT. /Planning- Engineering Techs. _ POLICE DEPT. /Jim Wolf, Crime Prevention Officer PLANNING COMMISSION /GRETCHEN ( +12 sets) _ CODE ENFORCEMENT /Christine Darnell, Code Compliance Specialist (DCA) X FILE /REFERENCE ( +2 sets) SPECIAL DISTRICTS _ TUAL. HILLS PARK & REC. DIST.* _TUALATIN VALLEY FIRE & RESCUE * _ TUALATIN VALLEY WATER DISTRICT * _ CLEAN WATER SERVICES * Planning Manager North Division Administrative Office Development Services Department 15707 SW Walker Road John K. Dalby, Deputy Fire Marshall 1850 SW 170 Avenue David Schweitzer /SWM Program Beaverton, OR 97006 14480 SW Jenkins Road Beaverton, OR 97006 2550 SW Hillsboro Highway Beaverton, OR 97005 -1152 Hillsboro, OR 97123 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * _ CITY OF TUALATIN * _ OR. DEPT. OF FISH & WILDLIFE _ OR. DIV. OF STATE LANDS _ Planning Manager Planning Manager Devin Simmons, Habitat Biologist Melinda Wood (WLUN Form Required) _ Steven Sparks, Dec. Svcs. Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE, Suite 100 PO Box 4755 Tualatin, OR 97062 18330 NW Sauvie Island Road Salem, OR 97301 -1279 Beaverton, OR 97076 Portland, OR 97231 _ OR. PUB. UTILITIES COMM. METRO - LAND USE & PLANNING +I) _ OR. DEPT. OF GEO. & MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street, Suite 5 Salem, OR 97310 -1380 City Manager Portland, OR 97232 -2736 Portland, OR 97232 17160 SW Upper Boones Fry. Rd. _ Joanna Mensher, Data Resource Center(ZCA) _ US ARMY CORPS. OF ENG. Durham, OR 97224 _ Paulette Allen, Growth Management Coordinator _ OR. DEPT. OF LAND CONSERV.& DVLP. Kathryn Harris (Maps a cws Letter Only) _ Mel Huie, Greenspaces Coordinator (CPAIZOA) Mara Ulloa (Comp. Plan Amendments & Measure 37) Routing CENWP -OP -G _ CITY OF KING CITY * _ Jennifer Budhabhatti, Regional Planner (Wetlands) 635 Capitol Street NE, Suite 150 PO Box 2946 City Manager _ C.D. Manager, Growth Management Services Salem, OR 97301 -2540 Portland, OR 97208 -2946 15300 SW 116th Avenue King City, OR 97224 WASHINGTON COUNTY _ OR. DEPT. OF ENERGY (Powedlnes in Area) _ OR. DEPT OF AVIATION (Monopole Towers) Dept. of Land Use & Transp. Bonneville Power Administration Tom Highland, Planning 155 N. First Avenue _ CITY OF LAKE OSWEGO * Routing TTRC - Attn: Renae Ferrera 3040 25th Street, SE Suite 350, MS 13 Planning Director PO Box 3621 Salem, OR 97310 Hillsboro, OR 97124 PO Box 369 Portland, OR 97208 -3621 _ Naomi Vogel- Beattie (General Apps Lake Oswego, OR 97034 _ Planning Division (ZCA) Ms 14 _ OR.DEPT.OF ENVIRON.QUALITY (DEQ) ODOT, REGION 1 * _ Brent Curtis (cps) _ CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) ,. Development Review Coordinator _ Doria Mateja (zcA) MS 14 Planning Bureau Director Regional Administrator _ Carl Torland, Right -of -Way Section (vacations) _ Sr.Cartographer (CPA/MA) 1900 SW 4 Avenue, Suite 4100 . 2020 SW Fourth Avenue, Suite 400 123 NW Flanders _ Jim Nims, Surveydr(zCA) PAS 1S Portland, OR 97201 Portland, OR 97201 -4987 Portland, OR 97209 -4037 _ OR. PARKS & REC. DEPT. _ WA.CO.CONSOL. COMM.AGNCY . ODOT, REGION 1 - DISTRICT 2A * _ ODOT, RAIL DIVISION STATE HISTORIC Dave Austin (wcccA) "911 "(Morropol. Town) Sam Hunaidi, Assistant District Manager (Notify if ODOT RJR -Hwy. Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning, Sr. Crossing Safely Specialist (Notify if Property Has HD Overlay) Beaverton, OR 97007 -0375 Portland, OR 97221 555 -1 Street, NE, Suite 3 725 Sumner Street NE, Suite C Salem, OR 97301 -4179 Salem, OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES — PORTLAND WESTERN R/R, BURLINGTON NORTHERN /SANTA FE RJR, OREGON ELECTRIC R/R (Burlington Northern /Santa Fe R/R Predecessor) Bruce Carswell, President & General Manager 1200 Howard Drive SE Albany, OR 97322 -3336 _ SOUTHERN PACIFIC TRANS. CO. R/R _ METRO AREA COMMUNICATIONS _ COMCAST CABLE CORP. _ TRI -MET TRANSIT DVLPMT. Clifford C. Cabe, Construction Engineer Debra Palmer (Annexations Only) Gerald Backhaus (S.. N W Aroaco„act) (II Project is Within' /. Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin, Project Planner Portland, OR 97232 1815 NW 169th Place, S -6020 Beaverton, OR 97005 710 NE Holladay Street Beaverton, OR 97006 -4886 Portland, OR 97232 _ PORTLAND GENERAL ELECTRIC _ NW NATURAL GAS COMPANY _ VERIZON _ QWEST COMMUNICATIONS Mike Hieb Svc.Design Consultant Scott Palmer, Engineering Coord. John Cousineau, OSP Network Lynn Smith, Eng. ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. 8021 SW Capitol Hill Rd, Rm 110 Wilsonville, OR 97070 Portland, OR 97209 -3991 Beaverton, OR 97005 Portland, OR 97219 — TIGARD/TUALATIN SCHOOL DIST. #23J _ BEAVERTON SCHOOL DIST. #48 — COMCAST CABLE CORP. _ COMCAST CABLE COMMUNIC. Teri Brady, Administrative Offices Jennifer Garland, Demographics Alex Silantiev (See Map for Area Co..) Brian Every (Wsc.ol MatIM of 99W) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue, Bldg. 12 10831 SW Cascade Avenue Tigard, OR 97223 -8039 Beaverton, OR 97006 -5152 Beaverton, OR 97008 Tigard, OR 97223 -4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500' OF THE SUBJECT PROPERTY FOR ANY /ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h:\patty\masters\Request For Comments Notification List.doc (UPDATED: 28- Aug -08) (Also update: is \curpin \ setup \labels \annexations \annexation utilities and franchises.doc, mailing labels & auto text when updating this documel b • • 4 2/Ljj . • 1 ■• • • -m , L oe_c_ c,o_eayt 0/2„h a _61- c1-e. o7-1 ct,nniv e/LekA ce&viti V G / tkp, Jo JtL n..A L c( t cL,4 J ttly,0-1,0 cL4 je,t;,,g .tee --7L4- (A)-0-Lea -ele:m.1/lt-4_2 CL11-0-1.L,4c..d e i t/e)--c-e- y (ft ., 1 e7CA,-0 CX714 /U-ej4 6111Z- OZ/K0-6L 7250 S c). e c t . �°�� ? ?22 -� I • • r LIG ?L August 18, 2008 Cheryl Gaines City of Tigard 13125 S.W. Hall Blvd. Tigard, OR 97223 Reference: Rosewood Court Subdivision Dear Ms. Gaines: We live at 13990 S.W. Hall Blvd. which is north of the proposed subdivision. However, we are actually sitting in the middle of the project with part of the project being the connection of the new road to our existing driveway. Before we go through our concerns regarding the proposed subdivision, we'd like to give you a brief history of our property. We purchased our house in March 2006. At the time we were under contract, the property located at 14040 S.W. Hall Blvd. was still owned by the Finley Family. The day after our house closed, the Finley sons put that property for sale. In August of 2006, the property was purchased by Michael La Duca. Our house is the original home in the area. It was built in 1887 and the rest of the area has built up around our home. We have taken pride in rehabbing the home back to its original glory. When we purchased our home, we were already property owners in the City of Tigard, a home in Waverly Estates by Cook Park. The main reason we purchased this home was that it wasn't located in a subdivision and we had our own private drive. Once the La Duca's decided to subdivide the property next door, there were discussions regarding the front easement crossing over Hall Blvd. We have now learned that there is a document with ODOT that states that once this property is developed, ODOT wants this easement closed. We understand that with 5 homes using this easement, there would be traffic issues on Hall Blvd. However, we'd like to keep • the easement for our home only and would be willing to install a gate at Hall Blvd. at our own expense. We have contacted an easement attorney and were told that we do not have to vacate the easement but that ODOT could close access to Hall Blvd. If, in fact, that is the case, we feel that our quality of life will have been - compromised from what we purchased. We have no objection to the actual development, and in fact, would rather have nice looking houses next door than the almost completely abandoned home that is there now. However, we want to preserve the quality of live we purchased and hopefully, this development will only enhance it. We will now address the issues we have with the current plans showing the proposal of the subdivision. Under city code 18.430 Subdivisions, one of the main purposes for a subdivision is "to lessen congestion in the streets, and secure safety from fire, flood, pollution and other dangers." By allowing this development to be built as proposed, parking is__g to be a huge issue. The road is not wide enough for any on- street parking)hus_pushing visitors of the new homes to park on Fanno Creek Road. Also,Jflooding is a real issue in regards to our home. Our home sits lower - than - the peak of their property and water already runs down our driveway. We installed an extensive French drain shortly after we moved into our home. However, per the proposed plans, the new access road will leave a one foot drop on the sides of our driveway and will cause water to fall towards the back side of our house into our basement. Also, the angle_at which our driveway. will_ now connect to the new access road will make it more difficult for a fire truck to service our house. And since our house is so old and the lumber so dry, time would be of the essence if a fire were to break out. Also, our house faces Hall Blvd. and now our driveway will be coming from the back of the home. Everyone is always talking about curb appeal, but now our curb appeal is being taken away. Under city code 18.795 Visual Clearance Areas,`II three items under 18.795.030 need to be addressed: — There is no you can safely pull out of the proposed road onto Fanno Creek Road. To the left, there are lots of shrubs, but more importantly, there is a major curve in the road. The bare minimum needed would be stop signs on Fanno Creek Road. I currently have two teenage drivers and am absolutely certain that this is not a safe intersection. Under city code 18.810 Street and Utility Improvement Standards, 18.810.030.E Minimum rights -of -way and street widths; none of these issues seem to be considered. Having five new homes of drivers coming out onto Fanno Creek will cause trafficjssues on Bonita and Hall Blvd. During rush hour traffic, it is next to impossible to make a left hand turn onto Bonita or a left hand turn unto Hall Blvd. The City needs to consider putting signals at these intersections as these neighborhoods continue to grow. We've already discussed the on- street parking issue. There is a new development on McDonald that is built very similar to the • • way this development is being proposed. Once these homes sale, there will be a lot more cars parking on McDonald in the bike lanes. There is no other choice. If you have company, there is no place to park. Also, homes have more than two cars, i.e. teenage drivers. Item f. `Street Lighting will cause an issue as our master bedroom faces the new proposed access road. When street lights are installed, we request that they be placed in a manner that would keep them from shinning directly into our bedroom windows. Again, our house was built in the late 1800's and I think it's the City's responsibility to make the adjustments necessary to not only accommodate the new development but not infringe on the current neighborhood adversely. We are in a unique situation as most new developments do not have an existing home on site that isn't part of the development. We are not trying to stop the development, we just want our livability figured in the planning as we purchased a certain life style and expect the development to address this situation. Item g Drainage and slope impacts is one of the most important considerations. If any water is diverted into our lot from the slope differences to our driveway, our basement will flood. The grading and /or excavation plan really needs to be looked at. I work for Eagle- Elsner, Inc. and had the engineers in the office look at the plans. There are grade issues in connecting the access road to our driveway. Unless these issues are resolved, • we will be fighting this development in court. We cannot have our property flooded because of the grades not being considered completely. I have been told repeatedly that these are only preliminary plans and before construction begins, there will be a new set of plans. I am concerned that this matter is not resolved prior to approval of the subdivision. Since we are already here, the preliminary plans should correctly address this situation. It isn't like there is an "unknown" quantity here. Since a survey was done, the grades are known and should be correct PRIOR to acceptance of the subdivision. If something is this glaring in the preliminary stage, what assurances do we have that once approved, everything will be corrected prior to construction? We are not trying to be difficult but we have lived here over two years and do not have any flooding issues presently and want complete assurance that this project is not going to create one. Under city code 18.765 Off - street Parking and Loading Requirements, item 18.765.01 item a has not been addressed. The access road is not wide enough to permit off - street parking. Parking will be an issue with five homes competing for visitor parking and /or teenage driver parking. Under city code 18.705 Access, Egress, and Circulation, we have a few concerns. First, we again request that our easement to Hall Blvd. not be closed but be used exclusively by our property such as the individual driveways all along Hall Blvd. We are willing to maintain this road exclusively including putting up a gate across the access. Also, since the new access road is a private road, are we going to be responsible for sharing in the cost of maintenance? We would really rather keep our easement and maintain it and not worry about the access road. Also, by keeping our easement, some of the connection issues with the • • access road can be avoided. Another concern regarding the easements, is what will happen during construction? Access to our home needs to be maintained during construction without causing damage to our vehicles. Also, we are not allowed to use Merlyn Court per our deed. Again, we request we be allowed to keep our easement to Hall Blvd as our primary private driveway. Another issue to consider in this development is the fact that the zip code line goes down the middle of the two parcels. We have a different zip code (97223) than the proposed subdivision (97224) which means that we have difference mail men. With the new road, we will be forced to get a new address. Both these issues will be resolved with the allowance of our keeping our private driveway onto Hall Blvd. Thank you for considering our issues in regards to Rosewood Court. We hope that this development can be completed without impeding our current livability. Respectfully, A tett ://(5774.) Mary Meirow • Gordon Kunkle • Ms. Cheryl Caines, Associate Planner (xw2437) b � ;_ Planning Division 1? h., City of Tigard 13125 SW Hall Boulevard 14 2003 Tigard, OR 97223 r " AFL - -' . , . s. • RE: Subdivision (Sub) 2008 -00001 Adjustment (VAR) 2008 -00016 RoseWood Court Subdivision 14010 SW Hall Boulevard; WCTM 2S112BB, Tax Lots 200 and 201 Dear Ms. Caines This letter is written to oppose the development of the above - mentioned reference IF there is to be an entrance and/or exit on Fanno Creek Drive to this property. Because of the way that the street winds and curves, one cannot see on- coming or out -going vehicles from that site; thus, there is the great possibility that there will be wrecks; and, perhaps, deaths.. If the only way to enter and/or exit the proposed subdivision were restricted to the Hall Blvd entrance, I would support the request. But, I do not support the petition if one has access to this property off Fanno Creek Drive. Sincerely C GY f Dr. Charles A. Stamps 8305 SW Colony Creek Court Tigard, OR 97224 503 504 3228 Cheryl Caines „ • From: David Jamieson [djamieson61 @gmail.com] Sent: Monday, August 11, 2008 5:48 PM To: Cheryl Caines Subject: Re: Rosewood Court Subdivision .. Comment Cheryl, Thank you for getting back with me so quickly. I appreciate the feedback. Can you explain a bit more about your comment regarding the tree? I've also included Todd Prager, City Arborist, for the tree issue. Unfortunately a recent appeal may have eliminated our ability to protect off -site trees, but I'll check in with Todd. The tree is a Black Gum or Sour Gum - perhaps the same thing. Thanks again, - David Jamieson On Mon, Aug 11, 2008 at 5:15 PM, Cheryl Caines <cherylc @ tgard - or.gov> wrote: David, Our Engineering Division is reviewing the access onto Fanno Creek Drive. There may be some things the applicant can do to improve the access /visibility /traffic speeds. I know Engineering is discussing the issue, so I have included Kim McMillan, Engineering Manager, on this e-mail. I've also included Todd Prager, City Arborist, for the tree issue. Unfortunately a recent appeal may have eliminated our ability to protect off -site trees, but I'll check in with Todd. I do not know the intention of the applicant at this point. Once a decision is issued, the approval is valid for 18 months and then the applicant may request a year extension on the approval. The plan is to issue the decision at the beginning of next week. I would check with the applicant's representative for a construction schedule (Vic Accomando) at 503 -320- 5766. Cheryl Caines Associate Planner City of Tigard (503) 718 -2437 From: David Jamieson [mailto:djamieson61@,gmail.com] Sent: Monday, August 11, 2008 12:56 PM To: Cheryl Caines Subject: Rosewood Court Subdivision .. Comment Cheryl, I live adjacent to the new road planned for the Rosewood Court Subdivision. That is, my house is on the lot South of the new road off Fanno Creek Drive. I have two concerns about the planned road: 1. The road intersects Fanno Creek Drive at a blind intersection as you look North on Fanno Creek Drive. That is, if someone was driving out of Rosewood Court toward Fanno Creek Drive and wanted to turn left, there is literally no visibility around the curve. It seems like a safety issue. Turning right would also be hazardous as cars come around that corner pretty fast. 2. We have a tree on the North side of our lot in the front yard that is pretty close to the lot line. It was planted back in 1994 when the home was constructed. I'm concerned about the roots of the tree getting damaged during construction. I know this area has gone through a couple fits and starts regarding development. Do you happen to know if they plan to break ground or are just doing planning work. Thank you, David Jamieson 14041 SW Fanno Creek Drive Tigard, OR 97224 djamieson61@gmail.com 503 -310 -3495 (cell) 2 • • David Jamieson djamieson61@gmail.com 503- 310 -3495 (cell) 3 V/ • Cheryl Caines From: Brian Rager Sent: Tuesday, September 02, 2008 1:51 PM To: Cheryl Caines Cc: Kim McMillan; John Goodrich; Kenny Fisher; Rob Murchison Subject: Rosewood Court Subdivision SUB 2008 -00001 Cheryl, The PW Department reviewed the application and have very few comments, especially in light of the groundwork that was done between the applicant's engineer and TVFR. The applicant's narrative indicates they will sprinkle each of the four homes, thereby negating the need for an additional hydrant. The plan shows continuing the 4 -inch water line from Fanno Creek Drive into the new private street. Because this subdivision will create no more than four lots, we will consider the 4 -inch water line to be "private ", and will require that all four meters be banked at the private street entrance within the ROW of Fanno Creek Drive. If you have any questions please let me know. Brian D. Rager Assistant Public Works Director 8777 SW Burnham Street Tigard, OR 97223 503 - 718 -2471 brianr(a.tigard- or.gov Public Works: "Taking Care of Our Community" CleanWater Services t -- .. Our commitment is clear. AUG 1 3 2008 • MEMORANDUM DATE: August 8, 2008 FROM: David Schweitzer, Clean Water Services TO: Cheryl Caines, Associate Planner, City of Tigard SUBJECT: Review Comments — SUB 2008 -00001 Rosewood Court Sub. GENERAL COMMENTS • This Land Use Review by Clean Water Services (District, CWS) of 2S1 12BB- 00200, and 00201, does not constitute approval of storm or sanitary sewer compliance with the NPDES permit held by the District. The District, prior to issuance of any connection permit, must review and approve final construction plans. • All provisions of the development submittal shall be in accordance with current Clean Water Services Design and Construction Standards, presently Resolution and Order No. 07 -20 (R &O 07 -20) and all current Intergovernmental Agreements between the City and CWS. • Final construction plans must be reviewed and approved by CWS for conformance with current Design and Construction Standards. • A Stormwater Connection Permit Authorization shall be authorized by CWS prior to construction of sanitary sewer, storm and surface water systems, and final plat approval. • All public storm and sanitary easements shall be shown on the final stamped and signed construction plans. SANITARY SEWER • Each lot in the development shall be provided with a direct gravity side sewer (service lateral) connection to a public sanitary sewer mainline in accordance with current CWS Design and Construction Standards. Each sanitary lateral shall provide service to only one lot and shall be contiguous with public right -of -way or public sewer easement. Easements shall follow chapter 5.03 standards. • As proposed a public extension of an 8" sanitary line west along the proposed private Rosewood Court shall follow the applicable requirements of chapters 5.06 and 5.07 for construction of new sewer lines and structures. 2550 SW Hillsboro Highway • Hillsboro, Oregon 97123 Phone: (503) 681 -3600 • Fax: (503) 681 -3603 • www.CleanWaterServices.org • • CleanWat r Services Our commitment is clear. STORM DRAINAGE AND WATER QUALITY • Privately owned and maintained storm sewers, including water quality facilities, serving multiple lots shall not be approved. • The engineer shall verify that public gravity storm service is available to adjacent properties, and extend public storm sewer service, if necessary, in accordance with current CWS Design and Construction Standards, (currently R &O No. 07 -20). • A hydraulic and hydrological analysis of the existing drainage and downstream storm conveyance system, in accordance with current CWS Design and Construction Standards (presently R &O 07 -20), is required. The applicant is responsible for mitigating downstream storm conveyance if the existing system does not have the capacity to convey the runoff volume from a 25 -year, 24 -hour storm event. • Final construction plans shall show all existing and proposed public and private storm conveyance and easements. • As proposed, water quality is to be LIDA measures rain gardens, sized to treat the roof runoff from each lot, one facility per lot. Water quantity for the sidewalks, driveways, and streets is to be LIDA measures pervious pavement sized to infiltrate the 25 year storm. LIDA measures shall follow the requirements of chapter 4.07.4 for sites under one acre. • Construction timing and protection of the rain gardens will be required on construction plans. The development shall not be finalized until a functioning storm system is available. • A maintenance plan for the LIDA measures will be required. Maintenance by the individual homeowners of the pervious pavement and rain gardens shall be enforced by use of deed restrictions or similar enforceable measures. A maintenance agreement shall be required at construction plan submittal detailing timing of maintenance, maintenance activities, and the responsible parties. • Washington County approval for infiltration may be required. SENSITIVE AREA • A CWS Sensitive Area Pre - Screening Site Assessment (SAPSSA) 07- 000621 for Map /Tax lots 2S1 12BB- 00200, and 00201 has been issued on March 6, 2007. Sensitive areas do not appear to exist on site or within 200' of the site. This SAPSSA will serve as the Service Provider letter for the site. EROSION CONTROL • All CWS erosion control requirements in accordance with current CWS Design and Construction Standards shall be met. 2550 SW Hillsboro Highway • Hillsboro, Oregon 97123 Phone: (503) 681 -3600 • Fax: (503) 681 -3603 • www.CleanWaterServices.org • te r; Tr "" J " REQUEST FOR COMMENTS DATE: July 31, 2008 TO: Mark Vandomelen, Plans Examination Supervisor FROM: City of Tigard Planning Division STAFF CONTACT: Cheryl Gaines, Associate Planner (x2437) Phone: (503) 639 -4171 Fax: (503) 624 -3681 Email: cherylc @ tgard- or.gov SUBDIVISION (SUB) 2008 - 00001 /ADJUSTMENT (VAR) 2008 -00016 - ROSEWOOD COURT SUBDIVISION - REQUEST: The applicant is seeking approval for a 4 -lot Subdivision on a .75 -acre site. An existing home on the site will be removed. The lots are proposed to be developed with detached single - family homes. Lot sizes will range from 5,095 to 9,233 square feet. In addition, the applicant is requesting approval for an Adjustment to utilize an existing 16 -inch Black Walnut tree as a street tree. LOCATION: 14010 SW Hall Boulevard; WCTM 2S112BB, Tax Lots 200 and 201. ZONE: R -4.5: Low - Density Residential District. The R -4.5 zoning district is designed to accommodate detached single - family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single - family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. 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, 18.780, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: AUGUST 14, 2008. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: " (e LA.\ 4-c C \ -�-,, o F 'C oe �z `,.,,��.t. e 0 6-- , l aktk �f��: �1u,..�`�.. l,,.ci�i1�;�- `y,�r P Ice_ 1 1,,....le J , I ge.g 4 siz �� lk,,. b;v. P�,,r.�1 fi 1,..).c -rec,- -t oar' Name & Number of Person Commenting: (x , 1 l) $Th 3 7 17 2 (id I iir MEMORANDUM CITY OF TIGARD, OREGON DATE: 8/29/08 TO: Cheryl Caines, Associate Planner FROM: Kim McMillan, Development Review Enginee RE: SUB2008 -00001 Rosewood Court Access Management (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The developer's engineer, Vic Accomando, submitted an Access Management Report, dated January 4, 2008, for this development. Included in the report was a preliminary sight distance certification. The engineer states that the stopping sight distance is required for safe operation of a driveway of private street intersection, allowing for oncoming drivers adequate sight distance to react with vehicles entering the public street at the access location. The proposed access for this development is located adjacent to the site's north property line onto SW Fanno Creek Drive. The speed limit along Fanno Creek Drive, a local street, is 25 mph. Stopping sight distance for a speed of 25 mph is 150 feet in each direction. Sight distance from the proposed access was measured to be 270 feet to the south along Fanno Creek Drive. This distance meets the standard. Sight distance from the proposed access was measured to be 94 feet to the north, which is deficient. However, the minimum centerline radius of 166 feet was not used in design of the reverse -curve portion of Fanno Creek Drive. Rather, a non - standard 100 -foot radius curve was constructed, which has a maximum safe speed of 20 mph, requiring a stopping sight distance of 107 feet. The measured sight distance of 94 feet is still deficient. While this access point would not have adequate sight distance in its current configuration, it appears that through a combination of curb extensions, parking restrictions, and traffic calming, the applicant would be able to provide adequate sight distance. ENGINEERING COMMENTS PAGE 1 • Therefore, as a condition of approval, the applicant shall design, obtain city approval of, and construct curb extensions, parking restrictions, and traffic calming features (which may include roadway geometric revisions) on Fanno Creek Drive in order to provide adequate sight distance from the proposed access from the subject property to Fanno Creek Drive. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right -of -way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. Hall Boulevard is designated as an Arterial on the City's TSP and is an ODOT facility. SW McDonald Street is designated as a Collector on the City's TSP. This property and 13990 SW Hall Boulevard currently access this intersection via a private driveway. However, with the subdivision of the subject property this access will be eliminated and a new private street will be constructed to access Fanno Creek Drive. The private street will provide access for the 4 proposed homes of this subdivision and for 13990 SW Hall Boulevard. Therefore, no driveways will be impacting the influence area of the arterial /collector intersection of Hall Boulevard and McDonald Street. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. The proposed private street is considered a local street. This proposed private street is located directly across from Char Court, but is only 102 feet from Deeann Court. This does not meet the spacing standard for a local street along a local street. The applicant must apply for an adjustment in accordance with 18.370. This adjustment must be approved prior to issuance of permits. ENGINEERING COMMENTS PAGE 2 • • 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 an Arterial street to have a 100 foot right -of -way width and 72 -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 Hall Boulevard, which is classified as an Arterial on the City of Tigard Transportation Plan Map. At present, there is approximately 52 - 70 feet of ROW from centerline, according to the most recent tax assessor's map. SW Hall Boulevard is currently partially developed. In order to mitigate the impact from this development, the applicant should construct half- street improvements according to Figure 18.810.1, 5 -lane Arterial section, as shown in the City's TDC. a Minimum Rights -of -Way and Street Widths: Section 18.810.030.E requires a local street to have a 54 foot right -of -way width and 32 -foot paved section. Other improvements required may include on- street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Fanno Creek Drive, which is classified as a local street on the City of Tigard Transportation Plan Map. At present, there is approximately 25 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide 27 feet from centerline. SW Fanno Creek Drive is currently partially developed. In order to mitigate the impact from this development, the applicant should construct half- street ENGINEERING COMMENTS PAGE 3 • improvements according to Figure 18.810.4.A, Local Residential Street, as shown in the City's TDC. 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 which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul -de -sac bulbs shall be constructed for stub streets in excess of 150 feet in length. The applicant did not file a future street plan. However, due to existing development and the location of an Arterial /Collector intersection there are no opportunities to provide future public streets. This development is eliminating private access to Hall Boulevard and redirecting the traffic flow to the lower classification street, Fanno Creek Drive. Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a development abuts or is traversed by an existing or proposed arterial or major collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: • A parallel access street along the arterial or major collector; • Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; • Screen planting at the rear or side property line to be contained in a non - access reservation along the arterial or 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. No direct access shall be allowed to Hall Boulevard, which is classified as an Arterial, thereby meeting this criterion. The existing driveway apron along Hall Boulevard shall be removed and replaced with curb and sidewalk that meets the ODOT standards. A permit for work within the ODOT ROW will be required prior ENGINEERING COMMENTS PAGE 4 • to issuance of City permits. The remainder of the existing driveway from Hall Boulevard shall be removed from Lot 4. Private Streets: Section 18.810.030.T states that design standards for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi - family residential developments. The applicant has proposed a private street to serve this 4 lot development and 13990 SW Hall Boulevard. The applicant's plans indicate the minimum required paved width of 20 feet shall be met. The plans also show "NO PARKING" signs on both sides of the street, which complies with TVFR standards. The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC &R's) along with the final plat that will clarify how the private property owners are to maintain the private street(s). These CC &R's shall be reviewed and approved by the City prior to approval of the final plat. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate 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. PLANNING 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 ENGINEERING COMMENTS PAGE 5 • • more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. PLANNING 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. PLANNING 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. PLANNING Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. The applicant's plans indicate they will construct half- street improvements along their Fanno Creek Drive frontage. This frontage is only about 30 feet wide; therefore the improvements will be comprised mostly of the driveway approach, connecting to the exiting public sidewalk at each end. The plans also show the construction of a 5 foot wide sidewalk along one side of the private street, thereby meeting this criterion. There is an existing sidewalk along the Hall Boulevard frontage. The applicant shall contact ODOT, 503 - 229 -5002, to determine if any of the sidewalk should be replaced at this time. 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 ENGINEERING COMMENTS PAGE 6 • 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. There is an existing public sanitary sewer located in Fanno Creek Drive. The applicant's plans show a public sewer extension in the private street to serve the development. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments 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 ENGINEERING COMMENTS PAGE 7 • Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant has proposed a porous pavement section for the private street with an infiltration basin under the paving. Calculations have been provided for infiltration and an overflow system to the public storm system in Fanno Creek Drive. This is considered a LIDA system and must be approved by the City and CWS. The applicant shall submit plans and calculations to CWS for review and approval prior to issuance of permits. The applicant shall submit a Maintenance Plan to the City of Tigard and CWS for review and approval. The Maintenance Plan shall be included in the HOA documents prior to final plat 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. Hall Boulevard is classified as a bicycle facility. Hall Boulevard currently has bicycle striping and markings along this frontage. The applicant shall replace any bicycle striping or markings that are disturbed during construction. 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 ENGINEERING COMMENTS PAGE 8 • • development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under - grounding the utilities outweighs the benefit of under - grounding in conjunction with the development. The determination shall be on a case - by -case basis. The most common, but not the only, such situation is a short frontage development for which under - grounding would result in the placement of additional poles, rather than the removal of above - ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right -of -way from the applicant's property shall pay a fee in -lieu of under - grounding. There are existing overhead utility lines along the frontage of SW Hall Boulevard, on the east side. The applicant is expected to place the utility lines underground. The fee -in -lieu is only allowed on a case -by -case basis and must be approved by submitting a formal request, with justification, to Mike McCarthy in the City's Engineering Department. If the fee in -lieu is approved, it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 124.3 lineal feet; therefore the fee would be $ 4350.50. ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study Findings: The developer's engineer, Vic Accomando, has submitted an Access Management Report, dated January 4, 2008, for this development. Mr. Accomando used the ITE Trip Generation Manual to estimate the number of trips generated by the 4 -lot subdivision and the dwelling at 13990 SW Hall Boulevard. It was estimated that a total of 5 trips will be generated during the a.m. peak hour, with 4 exiting the private street and 1 entering. During the p.m. peak hour 7 trips are expected, with 5 trips entering the private street and 2 trips exiting the site. Directional distribution from the proposed site considers a northerly left -turn 700 -ft route from SW Fanno Creek Road to Hall Boulevard or a right -turn circuitous half -mile route to SW Bonita Road opposite SW 79 Avenue. The engineer concludes that the difficulty of maneuvering the course to Bonita Road means that all a.m. and p.m. exit trips will travel north to Hall Boulevard without lengthening queues on SW Fanno Creek Drive. Fire and Life Safety: ENGINEERING COMMENTS PAGE 9 The applicant has contact John Dalby, Deputy Fire Marshal, II, TVFR, regarding the use of the fire hydrant on the east side of Fanno Creek Drive. Mr. Dalby responded on March 5, 2008, that the existing fire hydrant is acceptable provided it is capable of supplying the required fire flow demand (1000 gpm @ 20 psi residual pressure for up to 3600 sq. ft.). The applicant shall confirm with the Water District that the fire flow demand can be met. John Dalby provided additional comments on December 11, 2007 regarding this project. The turnaround does not meet the fire district standards. Therefore, an acceptable alternative to this requirement is to install an automatic sprinkler • system in each dwelling. The systems must meet the applicable provisions of National Fire Protection Association Standard No. 13D. "NO PARKING" signs must be installed on both sides of the Private Street. The CC &R's must identify an enforcement process for illegal parking of vehicles on the Private Street and a copy of these CC &R's must be reviewed and approved by TVF &R prior to final plat approval. Public Water System: The City of Tigard provides service in this area. The applicant's plans show the extension of a 4 inch public water line, located in the private street, to serve this development. This line must be a private line terminated at the property line and the water meters banked at the ROW for Fanno Creek Drive. The plans also indicate each lot will be served with a 3/4 inch water meter. 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 issuance of permits, the applicant shall submit plans and calculations to CWS and the City of Tigard 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 and CWS prior to construction. To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform ENGINEERING COMMENTS PAGE 10 • • construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages throughout the project and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. The water quality rain gardens proposed for each home, if approved, shall be included as a Maintenance item in the development's HOA prior to final plat approval. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and /or building permit. 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. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. ENGINEERING COMMENTS PAGE 11 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). Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND /OR FILL ACTIVITIES: Submit to the Engineering Department (Kim McMillan, 639 -4171, ext. 2642) for review and approval: Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this project to cover frontage improvements, the private street and any other work in the public right -of -way. Six (6) 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.tiqard - or.gov). 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 ENGINEERING COMMENTS PAGE 12 • • 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. The applicant must apply for and receive approval of an adjustment to 18.705.030.H.4 for the spacing of a local street along a local street prior to issuance of permits. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. The City Engineer may determine the necessity for, and require submittal and approval of, a construction access and parking plan for the home building phase. If the City Engineer deems such a plan necessary, the applicant shall provide the plan prior to issuance of building permits. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a half- street improvement along the frontage of Fanno Creek Drive. The improvements adjacent to this site shall include: A. City standard pavement section for a local street from curb to centerline equal to 16 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D, storm drainage, including any off -site storm drainage necessary to convey surface and /or subsurface runoff; E. 5 foot concrete sidewalk with a planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; I. underground utilities; J. street signs (if applicable); K. driveway apron (if applicable); and L. adjustments in vertical and /or horizontal alignment to construct SW Fanno Creek Drive in a safe manner, as approved by the Engineering Department. M. curb extensions, parking restrictions and traffic calming to provide adequate sight distance. The applicant shall submit construction plans to the ODOT as a part of the ODOT Miscellaneous permit, indicating that they will construct the following frontage improvements along SW Hall Boulevard as a part of this project: ENGINEERING COMMENTS PAGE 13 • • A. 8 -foot concrete sidewalk with planter strip (replace any damaged sidewalk); B. street trees in the planter strip spaced per TDC requirements; C. streetlight layout by applicant's engineer, to be approved by ODOT Engineer; and D. removal of concrete driveway apron and replace with standard ODOT curb and sidewalk. Prior to issuance of permits, the applicant shall obtain a Miscellaneous permit from the State of Oregon Highway Division, to perform work within the right -of -way of Hall Boulevard. This work will include the removal of the driveway, loop detector and junction box. The driveway shall be replaced with standard ODOT curb and sidewalk. Street trees are required along the Hall Boulevard frontage. A copy of the permit shall be provided to the City Engineering Department. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street shall meet the City's public street standard for a local residential street. The applicant shall restore any bicycle lane striping and markings on Hall Boulevard that are disturbed during construction. 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. Final design plans and calculations for the proposed private water quality facility shall be submitted to the Engineering Department (Kim McMillan) as a part of the Public Facility Improvement (PFI) permit plans. Because the Engineer has proposed an unusual system for storm water treatment and disposal, the plans and calculations shall also be submitted, by the engineer, to CWS for review and approval prior to issuance of permits. Included with the plans shall be a proposed landscape plan and maintenance plan. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." ENGINEERING COMMENTS PAGE 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 applicant shall provide a turnaround that meets the requirements of TVF &R or provide each dwelling with an automatic sprinkler system. The applicant shall indicate the approved alternative on the PFI plans. "NO PARKING" signs shall be installed on both sides of the private street. The applicant's plans shall be revised to show the public water line terminating at the Fanno Creek Drive ROW. The water meters shall be banked at this location. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Submit to the Engineering Department (Kim McMillan, 639 -4171, ext. 2642) for review and approval: Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart, Engineering). No lots shall be permitted to access directly onto Hall Boulevard. A non - access reserve strip shall be recorded on the final plat along the length of . the property frontage. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners who abut and take access from it. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC &R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC &R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street(s). The applicant shall submit a copy of the CC &R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. ENGINEERING COMMENTS PAGE 15 • The CC &R's shall identify an enforcement process for illegal parking of vehicles on the private street. A copy of the CC &R's must be reviewed and approved by TVF &R prior to final plat approval. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private water quality /detention facility in the private street will be jointly owned and maintained by the developer or by the future homeowners within the subdivision. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private water quality /detention facility on the individual lots shall be owned and maintained by the developer or by the future homeowner within the subdivision. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC &R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private water quality /detention facility. The CC &R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the facility. The applicant shall submit a copy of the CC &R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22) as recorded in Washington County survey records. These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. 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. ENGINEERING COMMENTS PAGE 16 • B. Attach a check in the amount of the current final plat review fee (Contact Planning /Engineering Permit Technicians, at (503) 639 -4171, ext. 2421). 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 Fanno Creek Drive, providing 27 feet from centerline, 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 one paper copy of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Kim McMillan, 639 -4171, ext. 2642) for review and approval: Prior to issuance of building permits, the applicant shall provide the Engineering Department with a paper copy of the recorded final plat. 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). The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. ENGINEERING COMMENTS PAGE 17 • • Prior to issuance of building permits, the applicant's engineer shall submit final sight distance certification for the intersection of the Private Street and Fanno Creek Drive. The applicant shall either place the existing overhead utility lines along SW Hall Boulevard underground as a part of this project, or they shall pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 35.00 per lineal foot. If the fee option is approved, the amount will be $ 4350.50 and it shall be paid prior to issuance of building permits. To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages, and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard Engineering Department with written confirmation that the water quality facility is in compliance with the design and specifications. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: Before 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: ENGINEERING COMMENTS PAGE 18 • • 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. 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 paper copy of the recorded final plat. 18.430.070 Final Plat Application Submission Requirements: Four 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 ENGINEERING COMMENTS PAGE 19 • • 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 a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite ENGINEERING COMMENTS PAGE 20 • 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 Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. ENGINEERING COMMENTS PAGE 21 �,, F. • • log 111 1 � iAn "' ; REQUEST FOR COMMENTS DATE: July 31, 2008 TO: Jim Wolf, Tigard Police Department Crime Prevention Officer FROM: City of Tigard Planning Division STAFF CONTACT: Cheryl Gaines, Associate Planner (x2437) Phone: (503) 639 -4171 Fax: (503) 624 -3681 Email: cherylcatigard- or.gov SUBDIVISION (SUB) 2008 - 00001 /ADJUSTMENT (VAR) 2008 -00016 - ROSEWOOD COURT SUBDIVISION - REQUEST: The applicant is seeking approval for a 4 -lot Subdivision on a .75 -acre site. An existing home on the site will be removed. The lots are proposed to be developed with detached single - family homes. Lot sizes will range from 5,095 to 9,233 square feet. In addition, the applicant is requesting approval for an Adjustment to utilize an existing 16 -inch Black Walnut tree as a street tree. LOCATION: 14010 SW Hall Boulevard; WCTM 2S112BB, Tax Lots 200 and 201. ZONE: R -4.5: Low - Density Residential District. The R -4.5 zoning district is designed to accommodate detached single - family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single - family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. 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, 18.780, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: AUGUST 14, 2008. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: 1 We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name & Number of Person Commenting: 3I14, Ni,)01 GA . as • • N=• i T REQUEST FOR COMMENTS DATE: July 31, 2008 TO: Todd Prager, City Arborist FROM: City of Tigard Planning Division STAFF CONTACT: Cheryl Gaines, Associate Planner (x2437) Phone: (503) 639 -4171 Fax: (503) 624 -3681 Email: cherylc @tigard - or.gov SUBDIVISION (SUB) 2008 - 00001 /ADJUSTMENT (VAR) 2008 -00016 - ROSEWOOD COURT SUBDIVISION - REQUEST: The applicant is seeking approval for a 4 -lot Subdivision on a .75 -acre site. An existing home on the site will be removed. The lots are proposed to be developed with detached single - family homes. Lot sizes will range from 5,095 to 9,233 square feet. In addition, the applicant is requesting approval for an Adjustment to utilize an existing 16 -inch Black Walnut tree as a street tree. LOCATION: 14010 SW Hall Boulevard; WCTM 2S112BB, Tax Lots 200 and 201. ZONE: R -4.5: Low - Density Residential District. The R -4.5 zoning district is designed to accommodate detached single - family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single - family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. 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, 18.780, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: AUGUST 14, 2008. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter or email. Written comments provided below: Name & Number of Person Commenting: • • 1114 II MEMORANDUM TIGARD TO: Cheryl Gaines FROM: Todd Prager, City Arborist RE: Rosewood Court Subdivision DATE: July 31, 2008 As you requested I have provided comments on the "Rosewood Court Subdivision" project. If you have any questions or concerns regarding my comments please contact me anytime. 18.370.020 Adjustments C. Special adjustments. 6. Adjustments to landscaping requirements (Chapter 18.745). a. Adjustment to use of existing trees as street trees. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, or deny a request for the use of existing trees to meet the street tree requirements in Section 18.745.030 providing there has been no cutting and filling around the tree during construction which may lead to its loss, unless the following can be demonstrated: (1) The ground within the drip -line is altered merely for drainage purposes; and (2) It can be shown that the cut or fill will not damage the roots and will not cause the tree to die. While there is no grading proposed in the black walnut tree's (tree 3) dripline, I recommend denying the adjustment. The project arborist has indicated that the tree is in poor condition, and Portland General Electric would like the tree removed due to utility conflicts. This tree may be exempted from mitigation calculations because it is off site. b. Adjustment for street tree requirements. By means of a Type I procedure, as governed by Section 18.390.030, the Director shall approve, approve with conditions, • • or deny a request for the adjustments to the street tree requirements in Section 18.745.030, based on the following approval criteria: (1) If the location of a proposed tree would cause potential problems with existing utility lines; (2) If the tree would cause visual clearance problems; or (3) If there is not adequate space in which to plant street trees. 18.745.030 General Provisions C. Installation Requirements. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10th edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. 2. The plant material shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and any other future revisions); and 3. Landscaping shall be installed in accordance with the provisions of this title. D. Certificate of Occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. 18.745.040, Street Trees B. Street tree planting list. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director. This requirement has not been met. There appears to be room for 3 additional street trees along the hammerhead portion of Rosewood Court. Also, the removal of the black walnut along Hall will allow room for two Page 2 of 9 S additional street trees in that location. Please have the applicant revise their street tree plan to meet the spacing requirements of 18.745.040.C. It is acceptable for them to include a note on their street tree plan that slight variations in placement may be required due to driveways, utilities, etc., but every attempt will be made to keep the same net number of street trees that are shown on the plans. 18.745.050, Buffering and Screening This requirement does not appear to be applicable to this project. 18.790.030, Tree Plan Requirement A. Tree plan required. A tree plan for the planting, removal and protection of • trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. As required, the applicant has provided a tree plan conducted by David Hunter, a certified arborist. However, the tree plan does not contain all of the required elements (see B2 and B4 below). B. Plan requirements. The tree plan shall include the following. 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; This requirement has been met. 2 Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; Page 3 of 9 • c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. This requirement has not been met. There are four trees on the project site (tree 2, 4, 5, and 8) that are not hazardous and over 12 inches in diameter. One of the four trees (tree 2) will be protected, representing 25% retention. The proposed retention of 25% of non - hazardous trees over 12" DBH requires that one half of the diameter inches removed be mitigated in accordance with Section 18.790.060D. Therefore, the applicant must replace 50% of the 142 inches removed, or 71 inches. This can be accomplished by either planting 71 caliper inches worth of trees, paying $8,875.00 (142 inches removed x $125 /inch, tree replacement fee x 50 %), or any combination thereof. If a mitigation planting proposal is submitted, it needs to have a signature of approval from the project arborist certifying that it meets the requirements of 18.790.0601) and that the species and placement of mitigation trees has been reasonably calculated to provide for their growth to maturity. 3. Identification of all trees which are proposed to be removed; This requirement has been met. 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. This requirement has not been met. The project arborist shall provide a supplemental protection plan with after construction tree protection specifications. Specifically the project arborist shall generally address appropriate landscape materials and methods around preserved trees. The after construction protection plan can be included directly on the tree protection plan as well (sheet C7). The revised tree protection plan needs to include a signature of approval from the project arborist. 18.790.040 Incentives for Tree Retention Page 4 of 9 • A. Incentives. To assist in the preservation and retention of existing trees, the Director may apply one or more of the following incentives as part of development review approval and the provisions of a tree plan according to Section 18.790.030: 1. Density bonus. For each 2% of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan, a 1% bonus may be applied to density computations of Chapter 18.715. No more than a 20% bonus may be granted for any one development. The percentage density bonus shall be applied to the number of dwelling units allowed in the underlying zone. This bonus is not applicable to trees preserved in areas offloodplain, slopes greater than 25 %, drainageways, or wetlands that would otherwise be precluded from development; 2. Lot size averaging. To retain existing trees over 12 inches in caliper in the development plan for any land division under Chapter 18.400, lot size may be averaged to allow lots less than the minimum lot size allowed by the underlying zone as long as the average lot area for all lots and private open space is not less than that allowed by the underlying zone. No lot area shall be less than 80% of the minimum lot size allowed in the zone; 3. Lot width and depth. To retain existing trees over 12 inches in caliper in the development plan for any land division under Chapter 18.400, lot width and lot depth may be reduced up to 20% of that required by the underlying zone; 4. Commercial /industrial /civic use parking. For each 2% of canopy cover provided by existing trees over .12 inches in caliper that are preserved and incorporated into a development plan for commercial, industrial or civic uses listed in Section 18.765.080, Minimum and Maximum Off-Street Parking Requirements, a 1% reduction in the amount of required parking may be granted. No more than a 20% reduction in the required amount of parking may be granted for any one development; 5. Commercial /industrial /civic use landscaping. For each 2% of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan, a 1% reduction in the required amount of landscaping may be granted. No more than 20% of the required amount of landscaping may be reduced for any one development. No incentives have been requested. B. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval Page 5 of 9 • • of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. A condition of approval will ensure that this standard is met. 18.790.050 Permit Applicability A. Removal permit required. Tree removal permits shall be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 18.775. The permit for removal of a tree shall be processed as a Type I procedure, as governed by Section 18.390.030, using the following approval criteria: 1. Removal of the tree must not have a measurable negative impact on erosion, soil stability, flow of surface waters or water quality as evidenced by an erosion control plan which precludes: a. Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge or as a result of the action of erosion; b. Evidence of concentrated flows of water over bare soils; turbid or sediment - laden flows; or evidence of on -site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on site using the techniques of Chapter 5 of the -Washington County Unified Sewerage Agency Environmental Protection and Erosion Control rules. 2. Within stream or wetland corridors, as defined as 50 feet from the boundary of the stream or wetland, tree removal must maintain no less than a 75% canopy cover or no less than the existing canopy cover if the existing canopy cover is less than 75 %. B. Effective date of permit. A tree removal permit shall be effective for one and one-half years from the date of approval. C. Extension. Upon written request by the applicant prior to the expiration of the existing permit, a tree removal permit shall be extended for a period of up to one year if the Director finds that the applicant is in compliance with all prior conditions of permit approval and that no material facts stated in the original application have changed. Page 6 of 9 . • D. Removal permit not required. A tree removal permit shall not be required for the removal of a tree which: 1. Obstructs visual clearance as defined in Chapter 18.795 of the title; 2 Is a hazardous tree; 3. Is a nuisance affecting public safety as defined in Chapter 7.40 of the Municipal Code; 4. Is used for Christmas tree production, or land registered with the Washington County Assessor's office as tax- deferred tree farm or small woodlands, but does not stand on sensitive lands. E. Prohibition of commercial forestry. Commercial forestry as defined by Section 18.790.020 A.2., excluding D.4. above, is not permitted. This requirement does not appear to be applicable to this project. CONDITIONS OF APPROVAL Adjustments to Landscaping Requirements While there is no grading proposed in the black walnut tree's (tree 3) dripline, I recommend denying the adjustment. The project arborist has indicated that the tree is in poor condition, and Portland General Electric would like the tree removed due to utility conflicts. This tree may be exempted from mitigation calculations because it is off site. Street Trees This requirement has not been met. There appears to be room for 3 additional street trees along the hammerhead portion of Rosewood Court (see redlines on sheet C7). Also, the removal of the black walnut along Hall will allow room for two additional street trees in that location. Please have the applicant revise their street tree plan to meet the spacing requirements of 18.745.040.C. It is acceptable for them to include a note on their street tree plan that slight variations in placement may be required due to driveways, utilities, etc., but every attempt will be made to keep the same net number of street trees that are shown on the plans. Tree Protection This requirement has not been met. Page 7 of 9 • • The project arborist shall provide a supplemental protection plan with after construction tree protection specifications. Specifically the project arborist shall generally address appropriate landscape materials and methods around preserved trees. The after construction protection plan can be included directly on the tree protection plan as well (sheet C7). The revised tree protection plan needs to include a signature of approval from the project arborist. The applicant shall position fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Arborist for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and /or civil citations can be processed. If work is required within an established tree protection zone, the project arborist shall prepare a proposal detailing the construction techniques to be employed and the likely impacts to the trees. The proposal shall be reviewed and approved by the City Arborist before proposed work can proceed within a tree protection zone. The City Arborist may require changes prior to approval. The project arborist shall be on site while work is occurring within the tree protection zone and submit a summary report certifying that the work occurred per the proposal and will not significantly impact the health and /or stability of the trees. This note shall be included on the Tree Protection Plan. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the locations of trees that were preserved on the lot during site development. In addition, the plans shall include accurate locations of tree canopy driplines and protection fencing, and a signature of approval from the project arborist regarding the placement and construction techniques to be employed in building the structures. All proposed protection fencing shall be installed and inspected prior to commencing construction. The fencing shall remain in place through the duration of all of the building construction phases, until the Certificate of Occupancy has been approved. Prior to final inspection for each lot, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees and that the street trees were properly planted per the approved street tree plan. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. The applicant shall have an on -going responsibility to ensure that the Project Arborist has submitted written reports to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities from initial tree protection zone (TPZ) fencing installation through the building construction phases. The reports shall evaluate the condition and location of the tree protection fencing, determine if any changes occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of TPZ was reduced, then the Project Arborist shall certify that the construction activities did Page 8 of 9 • not adversely impact the overall, long -term health and stability of the tree(s). If the reports are not submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a sub - contractor, the City can stop work on the project until an inspection can be done by the City Arborist and the Project Arborist. Prior to final inspection for each lot, the applicant shall submit a final report by the Project Arborist certifying the health of protected trees and that the street trees were properly planted per the approved street tree plan. Tree protection measures may be removed and final inspection authorized upon review and approval by the City Arborist. Deed Restriction Prior to issuance of any Certificates of Occupancy, the applicant /owner shall record deed restrictions to the effect that any existing tree greater than 6" diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. Page 9 of 9 1111 x w I • n I REQUEST FOR COMMENTS DATE: July 31, 2008 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Cheryl Caines, Associate Planner (x2437) Phone: (503) 639 -4171 Fax: (503) 624 -3681 Email: cherylc @tigard - or.gov SUBDIVISION (SUB) 2008 - 00001 /ADJUSTMENT (VAR) 2008 -00016 - ROSEWOOD COURT SUBDIVISION - REQUEST: The applicant is seeking approval for a 4 -lot Subdivision on a .75 -acre site. An existing home on the site will be removed. The lots are proposed to be developed with detached single - family homes. Lot sizes will range from 5,095 to 9,233 square feet. In addition, the applicant is requesting approval for an Adjustment to utilize an existing 16 -inch Black Walnut tree as a street tree. LOCATION: 14010 SW Hall Boulevard; WCTM 2S112BB, Tax Lots 200 and 201. ZONE: R -4.5: Low - Density Residential District. The R -4.5 zoning district is designed to accommodate detached single - family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single - family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. 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, 18.780, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: AUGUST 14, 2008. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. — Please contact of our office. — Please refer to the enclosed letter or email. — Written comments provided below: — Name & Number of Person Commenting: 'TY OF IGARD REQUEST FO'OMMENTS NOTIFICA A LIS LAND USE & COMMUNITY D a.OPMENT APPLICATIONS FILE NOS.: SU- 13x008- *woo IA_., FILE NAME: Rose,(4)aod cf- .. su_s • i'. , CITY OFFICES _ LONG RANGE PLANNING /Ron Bunch, Planning Mgr. — URRENT PLANNING/Todd Prager /Arborist- Planner /POLICE DEPT. /Jim Wolf, Crime Prevention Officer 1 BUILDING DIVISION /Mark Vandomelen, Plans Ex. Supervis•- a LID NGINEERING DEPT. /Kim McMillan, Dvlpmnt. Review Engineer _ HEARINGS OFFICER ( +2 sets) L a- _ CITY ADMINISTRATION /Cathy Wheatley, City Recorder - UBLIC WORKS /Brian Rager, Assistant Public Works Director _ PLANNING COMMISSION /GRETCHEN ( +12 sets) _ COMMUNITY DVLPMNT. DEPT. /Planning- Engineering Techs. _ PUBLIC WORKS /Steve Martin, Parks Supervisor -ZetILE /REFERENCE ( +2 sets) _ CODE ENFORCEMENT /Christine Darnell, Code Compliance Specialist (DCA) SPECIAL DISTRICTS _ TUAL. HILLS PARK & REC. DIST.* ✓TUALATIN VALLEY FIRE & RESCUE * _ TUALATIN VALLEY WATER DISTRICT ♦ ZCLEAN WATER SERVICES * Planning Manager North Division Administrative Office Development Services Department 15707 SW Walker Road John K. Dalby, Deputy Fire Marshall PO Box 745 David Schweitzer /SWM Program Beaverton, OR 97006 14480 SW Jenkins Road Beaverton, OR 97075 2550 SW Hillsboro Highway Beaverton, OR 97005 -1152 Hillsboro, OR 97123 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON 11E _ CITY OF TUALATIN 111 _ OR. DEPT. OF FISH & WILDLIFE _ OR. DIV. OF STATE LANDS — Planning Manager Planning Manager Devin Simmons, Habitat Biologist Melinda Wood (WLUN Form Required) _ Steven Sparks, Den. Svcs. Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE, Suite 100 PO Box 4755 Tualatin, OR 97062 18330 NW Sauvie Island Road Salem, OR 97301 -1279 Beaverton, OR 97076 Portland, OR 97231 _ OR. PUB. UTILITIES COMM. METRO - LAND USE & PLANNING 1 1 1 _ OR. DEPT. OF GEO. & MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM 111 600 NE Grand Avenue 800 NE Oregon Street, Suite 5 Salem, OR 97310 -1380 City Manager Portland, OR 97232 -2736 Portland, OR 97232 17160 SW Upper Boones Fry. Rd. _ Joanna Mensher, Data Resource Center (ZCA) _ US ARMY CORPS. OF ENG. Durham, OR 97224 _ Paulette Allen, Growth Management Coordinator _ OR. DEPT. OF LAND CONSERV.& DVLP. Kathryn Harris (Maps & CWS Letter Only) _ Mel Huie, Greenspaces Coordinator (CPA/ZOA) Mara Ulloa (Comp. Plan Amendments & Measure 37) Routing CENWP -OP -G _ CITY OF KING CITY * _ Jennifer Budhabhatti, Regional Planner (Wetlands) 635 Capitol Street NE, Suite 150 PO Box 2946 City Manager _ C.D. Manager, Growth Management Services Salem, OR 97301 -2540 Portland, OR 97208 -2946 15300 SW 116th Avenue King City, OR 97224 WASHINGTON COUNTY 11f _ OR. DEPT. OF ENERGY (Pewerlines in Area) _ OR. DEPT OF AVIATION (Monopole Towers) Dept. of Land Use & Transp. Bonneville Power Administration Tom Highland, Planning 155 N. First Avenue _ CITY OF LAKE OSWEGO 111 Routing TTRC – Attn: Renae Ferrera 3040 25th Street, SE Suite 350, MS 13 Planning Director PO Box 3621 Salem, OR 97310 Hillsboro, OR 97124 PO Box 369 Portland, OR 97208 -3621 _ Naomi Vogel- Beattie (General Apps Lake Oswego, OR 97034 _ Planning Division (zcA)MS 14 _ OR.DEPT.OF ENVIRON.QUALITY (DEQ) 9DOT, REGION 1 * _ Brent Curtis (CPA) CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) D evelopment Review Coordinator _ Doria Mateja (ZCA) Ms 14 Planning Bureau Director Regional Administrator Carl Torland , Right -of -Way Section (vacations) _ Sr.Cartographer (cpazca MS 14 1900 SW 4' Avenue, Suite 4100 2020 SW Fourth Avenue, Suite 400 123 NW Flanders Jim Nims, Survey°,(LCA)MS15 Portland, OR 97201 Portland, OR 97201 -4987 Portland, OR 97209 -4037 _ OR. PARKS & REC. DEPT. _ WA.CO.CONSOL. COMM.AGNCY ,DOT, REGION 1 - DISTRICT 2A 11f _ ODOT, RAIL DIVISION STATE HISTORIC Dave Austin (wcccA) "911" (monopole Tow.,.) Sam Hunaidi, Assistant District Manager (Notify if ODOT RJR•Hwy. Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning, Sr. Crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton, OR 97007 -0375 Portland, OR 97221 555 -13 Street, NE, Suite 3 725 Sumner Street NE, Suite C Salem, OR 97301 -4179 Salem, OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES — PORTLAND WESTERN R/R, BURLINGTON NORTHERN /SANTA FE R/R, OREGON ELECTRIC R/R (Buffington Northern /Santa Fe R/R Predecessor) Bruce Carswell, President & General Manager 1200 Howard Drive SE Albany, OR 97322 -3336 _ SOUTHERN PACIFIC TRANS. CO. R/R _ METRO AREA COMMUNICATIONS /OMCAST CABLE CORP. /1 TRANSIT DVLPMT. Clifford C. Cabe, Construction Engineer Debra Palmer (Annexations Only) Gerald Backhaus(s..Map lot Aron contact) (If Project is Within G Mile of a Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin, Project Planner Portland, OR 97232 1815 NW 169th Place, S -6020 Beaverton, OR 97005 710 NE Holladay Street Beaverton, OR 97006 -4886 / Portland, OR 97232 8 PORTLAND GENERAL ELECTRIC /NW NATURAL GAS COMPANY ✓ VERIZON � QWEST COMMUNICATIONS Mike Hieb Svc.Design Consultant Scott Palmer, Engineering Coord. John Cousineau, OSP Network Lynn Smith, Eng. ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. 8021 SW Capitol Hill Rd, Rm 110 Wilsonville, OR 97070 Portland, OR 97209 -3991 9eaverton, OR 97005 Portland, OR 97219 ZTIGARD/TUALATIN SCHOOL DIST. #23J _ BEAVERTON SCHOOL DIST. #48 ✓ COMCAST CABLE CORP. _ COMCAST CABLE COMMUNIC. Teri Brady, Administrative Offices Jennifer Garland, Demographics Alex Silantiev (SeeMaptoraeacon■aol) Brian Every (App.aerealeNol aowt 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue, Bldg. 12 10831 SW Cascade Avenue Tigard, OR 97223 -8039 Beaverton, OR 97006 -5152 Beaverton, OR 97008 Tigard, OR 97223 -4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500' OF THE SUBJECT PROPERTY FOR ANY /ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h: \patty \masters \Request For Comments Notification List.doc (UPDATED: 3 - Apr - 08) (Also update: r \curpin\ setup \ labels \annexations \annexation utilities and franchises.doc, mailing labels & auto text when updating this documor S Vic Accomando, P.E. • ATTACHMENT 6 16750 SW Timberland Drive a Beaverton, Oregon 97007 n I s �� O 0 ffice 503 - 259 -9308 Fax 503 - 259 -9508 DEC 0 n 4O08 Cell 503- 890 -5483 accomando1.msn.com ) :(T2" WAIVER OF 120 -DAY RULE Date: September 18, 2008 To: Cheryl Caines Associate Planner City of Tigard, Oregon 13125 S.W. Hall Boulevard Tigard, OR 97223 Project: Rosewood 4 -Lot Subdivision Tax Map 2S1 12BB Tax Lots 00200 & 00201 The applicant agrees to extend the 120 -day clock deadline for the above referenced project for 62 days from the present 120 -day deadline of November 5, 2008 to a new 120 -day deadline of January 6, 2009. Vic Accomando Applicant