Hearings Officer Packet - 06/14/2004HEARINGS OFFICER
MONDAY - JUNE 14, 2004 - 7:00 PM
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, Fxd. 2438 (voice) or 503-684-2772 (rDD - 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.
Hearings are held in Town Hall at the City of Tigard at 13125 SW Hall Boulevard
Staff reports are available to the public 7 days prior to the hearing date
1. CALL TO ORDER
2. PUBLIC HEARING
2.1 "APPEAL" OF MEYERS FARM NO. 2 SUBDIVISION - "URBAN SERVICE AREA"
SUBDIVISION (SUB) 2003-00014
DEVELOPMENT ADJUSTMENT (VAR) 2003-00086
DEVELOPMENT ADJUSTMENT (VAR) 2003-00087
DEVELOPMENT ADJUSTMENT (VAR) 2003-00088
DEVELOPMENT ADJUSTMENT (VAR) 2004-00025
ITEM ON APPEAL: On April 29, 2004, the Director issued a decision to approve a request for Subdivision
approval to create 44, single-family lots ranging in size between 4,294 and 7,744 square feet on an
approximately 8.16 acre site. The following Adjustments have been also been requested: (1.) To exceed
the 15% maximum street grade on a public street (SW Dekalb: 16% to 20%); (2.) To exceed the 12%
grade for longer than 250 feet (SW Cooper Lane: 275 feet); (3.) To reduce the right-of-way width on SW
163'd Avenue from 54 to 46 feet; and (4.) To eliminate sidewalk planter strips on SW Pollard Lane, SW
Cooper Lane, SW Bray Lane, SW 163`" Avenue, and a portion of SW Dekalb Street. On May 13, 2004, an
appeal was filed by the applicant pertaining to the imposition of conditions of approval No. 4 & 5.
Condition No. 4 requires that the tree removal plan be revised so that less than 50 percent of the
existing trees on site are removed, per the Bull Mountain Community Plan. Condition No. 5 requires
the applicant to submit a tree protection plan that follows the recommendations of the city forester.
LOCATION: The subject site is located south of SW Bull Mountain Road, west of Meyers Farm No.1
Subdivision. Washington County Tax Assessor's Map No. 2S1 0813C, Tax Lot 11900.
Page 1 of 2
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
Chapter 18.790 (tree removal) and the Bull Mountain Community Plan.
3. OTHER BUSINESS
4. ADJOURNMENT
Page 2 of 2
6 0
AGENDA ITEM NO.
2.1
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COMMUNITY NEWSPAPERS
P.O. BOX 370 PHONE (503)684-0360 Legal Notice TT 1-0417
BEAVERTON, OREGON 97075
Mwasm JUN ® 2 l Legal Notice Advertising
itity of Tigard • ❑ Tearsheet Notice
13125 SW Hall Blvd.
tiga.rd,Oregon 97223 • ❑ Duplicate Affidavit
Accounts Payable
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )
I, Kathy Snyder_
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the ^ ' crard-rPlia ime s
a newspaper of general circulation as efined in ORS 193.010
and 193.020; published at Tigard in the
aforesaid count and state; that the Public Hearin
CTTP')n1n1Z-(1 n I A Arnr%oal n~ iAcvcrc 'Perm )
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONF successive and
consecutive in the following issues:
Mav 27,2004
Subscribed and sworn o before me this 27th day of Ijav, 2004
OFFICIAL SEAL
ROBIN A BURGESS
ary Public for Oregon NOTARY PUBLIC-OREGON
-i COMMISSION NO. 344589
My Commission Expires: OMMISSION EXPIRES MAY 16,!"'
AFFIDAVIT
CITY OF TIGARD PUBLIC HEARING ITEM
The following will be considered by the Tigard Hearings Officer on
Monday June 14, 2004 at 7,;00 PM at the Tigard Civic Center -
Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public-oral
and written testimony is invited.
The public hearing on this matter will be conducted in accordance
with the Tigard Municipal Code and the rules of procedure adopted
by the Council and available at City Hall or the rules of procedure set
forth in Chapter 18.390. Testimony may be submitted in writing prior
to or at the public hearing or verbally at the public hearing only.
Failure to raise an issue in person or by letter at some point prior to
the close of the hearing accompanied by statements or evidence
sufficient to afford the decision-maker an opportunity to respond to
the issue precludes appeal to the Land Use Board of Appeal based on
that issue. Failure to specify the criterion from the Community
Development Code or Comprehensive Plan at which a comment is
directed precludes an appeal based on that criterion.
A copy of the application and all documents and evidence submitted
by or on behalf of the applicant and the applicable criteria are
available for inspection at no cost. A copy of the staff report will be
made available for inspection at no cost at least seven (7) days prior
to the hearing, and copies for all items can also be provided at-a
reasonable cost.
Further information may be obtained from the Planning Division
(staff contact: Morgan Tracy) at 13125 SW Hall Blvd., Tigard,
Oregon 97223, or by calling 503-639-4171.
PUBLIC HEARING ITEM:
"URBAN SERVICE AREA"
SUBDIVISION (SUB) 2003-00014/ADJUSTMENTS (VAR)
2003-00086,87,88 & 2004-00025
>APPEAL OF MEYERS FARM NO. 2 SUBDIVISION<
ITEM ON APPEAL: On April 29, 2004, the Director issued•a
decision to approve a request for Subdivision approval to create 4'4,
single-family lots ranging in size between 4,294 and 7,744 square feet
on an approximately 8.16 acre site. The following Adjustments have
been also been requested: (1.) To exceed the 15% maximum street
grade on a public street (SW Dekalb: 16% to 20%); (2.) To exceed
the 12% grade for longer than 250 feet (SW Coopej Lane: 275 feet);
(3.) To reduce the right-of-way width on SW 163r Avenue from 54
to 46 feet; and (4.) To eliminate sidewalk planter strips on SW
Pollard Lane, SW Cooper Lane, SW Bray Lane, SW 16311 Avenue,
and a portion of SW Dekalb Street. On May 13, 2004, an appeal
was filed by the applicant pertaining to the imposition 4
conditions of approval No. 4 & 5. Condition No. 4 requires that
the tree removal plan be revised so that less than 50 percent of the
existing trees on site are removed, per the Bull Mountain
Community Plan. Condition No. 5 requires the applicant to
submit a tree protection plan that follows the recommendations
of the city forester. LOCATION: The subject site is located south
of SW Bull Mountain Road, west of Meyers Farm No.1 Subdivision.
Washington County Tax Assessor's Map No. 2S 108BC, Tax Lot
11900. ZONE: R-7: Medium-Density Residential District.
REVIEW CRITERIA BEING APPEALED: Community
Development Code Chapter 18.790 (tree removal) and the Bull
Mountain Community Plan.
0
1 1.
TT 10417 - Publish May 27, 2004.
rrcrursr ~a~
SUBZ003.00014
VAR2003.00086
VAR2003.00087
VAR2003.00088
VAR2004.00025
MEYERS EARN NO. 2
SUBDIVISION
I F
iES.
DR •
NOTICE TO MORTGAGEE, LIENHOLR, VENDOR OR SELLER:
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,
IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
PUBLIC HEARING NOTICE
CITY OF TIGARD
Community Development
Shaping ,4 Better Community
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY.
JUNE 14.2004 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL
BOULEVARD, TIGARD, OREGON 97223, WILL CONSIDER THE FOLLOWING APPLICATION:
"URBAN SERVICE AREA"
FILE NOS.: SUBDIVISION (SUB)
2003-00014
DEVELOPMENT AD USTMENT
AR 2003-00086
DEVELOPMENT AD USTMENT
VAR 2003-00081
DEVELOPMENT AD USTMENT
VAR 2003-00088
DEVELOPMENT AD USTMENT
VAR 2004-00025
FILE NAME: APPEAL OF MEYERS FARM NO. 2 SUBDIVISION
APPLICANT: George J. Marshall OWNER: George J. Marshall
PO Box 91249 PO Box 91249
Portland, OR 97291 Portland, OR 97291
ITEM ON APPEAL: On April 29, 2004, the Director issued a decision to approve a request for Subdivision
approval to create 44, single-family lots ranging in size between 4,294 and 7,744
square feet on an approximately 8.16 acre site. The following Adjustments have been
also been requested: (1.) To exceed the 15% maximum street grade on a public street
(SW Dekalb: 16% to 20%); (2.) To exceed the 12% grade for longer than 250 feet (SW
Cooper Lane: 275 feet); (3.) To reduce the right-of-way width on SW 163rd Avenue
from 54 to 46 feet; and (4.) To eliminate sidewalk planter strips on SW Pollard Lane,
SW Cooper Lane, SW Bray Lane, SW 163rd Avenue, and a portion of SW Dekalb
Street. On May 13, 2004, an appeal was filed by the applicant pertaining to the
imposition of conditions of approval No. 4 & 5. Condition No. 4 requires that the
tree removal plan be revised so that less than 50 percent of the existing trees on
site are removed, per the Bull Mountain Community Plan. Condition No. 5
requires the applicant to submit a tree protection plan that follows the
recommendations of the city forester.
LOCATION: The subject site is located south of SW Bull Mountain Road, west of Meyers Farm No.1
Subdivision. Washington County Tax Assessor's Map No. 2S108BC, Tax Lot 11900.
COMP. PLAN
DESIGNATION: Medium-Density Residential District.
ZONING
DESIGNATION: 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 Chapter 18.790 (tree removal) and the Bull Mountain
Community Plan.
THE PUBLIC HEARING ON THIS MATTER 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 CITY COUNCIL AND AVAILABLE AT CITY HALL.
• •
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED 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 (TDD -
TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE
ARRANGEMENTS.
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
CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN 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 197.763(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 LETTER 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 (25C) 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 (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE
TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MORGAN TRACY AT (503) 639-4171,
TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY EMAIL TO
morgan@ci.tigard.or.us.
AGENDA ITEM NO.: 2.1
DATE: JUNE 14, 2004
PAGE 1 OF
FILE NAME: "APPEAL" OF MEYERS FARM NO. 2 SUBDIVISION
CASE NOS.: SUBDIVISION (SUB) 2003-00014
DEVELOPMENT ADJUSTMENTS (VAR) 2003-00086, 87, 88 & VAR2004-00025
IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE,
PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE
PROPONENT - (Speaking In Favor or Neutral) OPPONENT-
Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No.
142iblm-71 wr<-- tKw
km cf-T2tc) dl~~
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Na e, Addr ss, Zip Code and Phone No. Name, Address, Zip Code and Phone No.
-"380
Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No.
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Name, Address, Zip Code and Phone No. _TName, Address, Zip Code and Phone No.
1
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Name, Address, Zip Code and Phone No I Name, Address, Zip Code and Phone No.
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Name, Address, Zip Code and Phone No. I Name, Address, Zip Code and Phone No.
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Name, Address, Zip Code and Phone No. 1 Name, Address, Zip Code and Phone No.
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Name, Address, Zip Code and Phone No. 1 Name, Address, Zip Code and Phone go-
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01
M BullivantI Houser) Bailey Pc
Attorneys at Law
JOHN M. JUNKW
Direct Dial: (503) 499-4613 RECEIVED PLANNING
E-mail: john junkin@bullivantcom
JUL 0 2 2004
June 30, 2004 CITY OF TIGARD
Via Facsimile and U.S. Mail
Morgan Tracy
Planner
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Re: Meyers Farm II Subdivision (SUB 2003-00014)
Dear Morgan:
Attached please find a copy of the letter I am providing to Hearings Officer Epstein
informing him that on behalf of my clients we are withdrawing the appeal in the above
matter. My clients are taking this action based upon our further discussions with you
regarding the staff' position as set forth in the May 11, 2004 staff report on this matter.
Specifically, it is understood that the staff's position in this matter regarding the application
of the County's Bull Mountain Community Plan (Summit and Slopes Subarea) text, is
consistent with the staff position in the matter of the Summit Ridge Subdivision, in that the
text provision of the County Plan in regard to preservation of trees is to be applied to 12"
trees and greater, consistent with the City's Tree Removal provisions as set out in City Code
Section 18.790. Further we understand that staff is willing to consider the County's previous
administration of the plan text, specifically wherein the County concluded the tree
preservation provisions within the text plan is not applicable to trees within a development's
proposed ROW and utility easements (or lands adjacent thereto).
We appreciate your assistance and cooperation in this matter.
Very ly yo rs,
ohn M. u cin
JMJ:dw
Enclosure
cc: Clients
10068865.1
300 Pioneer Tower, 888 SW Fifth Avenue, Portland, OR 97204-2089 • 503.228.6351 Fax 503.295.0915
www.builivant.com I Seattle Vancouver Portland Sacramento San Francisco Irvine Las Vegas
. 9% •
•
M BullivantI Houser) BAeyPC
Attorneys at Law
JOHN M. JUNKIN
Direct Dial: (503) 4994613
E-mail: johnjunkin aC3bullivant.com
RECEIVED PLANNING
JUL 0 1 2004
CITY OF TIGARD
June 30, 2004
Via Facsimile and U.S. Mail
Larry Epstein
Land Use Hearings Officer
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223.
Re: Meyers Farm II Subdivision (SUB 2003-00014)
Dear Mr. Epstein:
Upon further review of the staff s decision in the above matter and discussions with
staff, my clients have elected to withdraw their appeal and will proceed with the
development in accordance with the staff s position.
Thank you for your assistance and time to this matter.
Very truly yours
o AM. un n
JMJ:dw
cc: Clients
Morgan Tracy
10068870.1
300 Pioneer Tower, 888 SW Fifth Avenue, Portland, OR 97204-2089 • 503.228.6351 Fax 503.295.0915
www.builivant.com I Seattle Vancouver Portland Sacramento San'Francisco Irvine Las Vegas
• •
"TAB A"
Testimony Received at the Public Hearing.
a o Bullivant Houser BAeyPc
Attorneys at Law
JOHN M. JUNKIN
Direct Dial: (503) 499-4613
f-mail: inlm,iunkiii ibullivant.com
June 14, 2004
Via Hand Delivery
Larry Epstein
Hearings Officer
City of Tigard
City Hall
Re: Appeal of Meyers Farm No. 2 Subdivision (SUB) 2003-00014
Dear Mr. Epstein:
I represent the applicant, Tom Weber, in regard to the above-referenced matter. The
application seeks approval of the second phase of what will ultimately be a three phase
subdivision. Meyers Farm No. 1 was approved in August 1999 (see Notice of Decision,
attached hereto). In the instant matter an issue has arisen in regard to the application of the
Washington County Bull Mountain Community Plan text. Specifically, the Summit and
Slopes Subarea, Design Element No. 5, which provides as follows:
Because trees are such an important natural and scenic resource
on Bull Mountain, development in areas of standing trees shall
be designed to minimize the number of trees to be cut. At the
time of development, no more than fifty percent of the mature
standing trees (six inch diameter or greater) shall be removed
from any parcel. Development design and clearing for
structures shall provide for maximum retention of old growth
trees. Prior to development, the harvesting of forest tree species
for their commercial value shall be in accord with the Oregon
Forest Practices Act. The slope stabilization and revegetation
plan shall indicate the mature trees planned for removal and
describe the replacement programs. Replacement trees must be
of at least 1-1/2 inch diameter.
Staff has proposed to apply this text with Condition No. 4 to the Meyers Farm No. 2
approval. Condition No. 4 states: "Prior to site work, the applicant shall revise their tree
removal plan so that a minimum of 50% of the mature non-hazardous trees on site are
300 Pioneer Tower, 888 SW Fifth Avenue, Portland, OR 97204-2089 ® 503.228.6351 Fax 503.295.0915
www.builivant.com I Seattle Vancouver Portland Sacramento San Francisco Irvine Las Vegas
• •
Larry Epstein
June 14, 2004
Page 2
preserved." The staff report summarizes how the City has come to be obligated to consider
the plan text of the County's Bull Mountain Community Plan. Basically, that requirement is
the result of an intergovernmental agreement between Washington County and the City of
Tigard providing for the City to assume day to day land development responsibilities for the
unincorporated Bull Mountain area of the County. The transfer of land use development
responsibilities to the City included the County's adoption of Ordinance No. 487, which
among other things, provided that for the affected areas, the Washington County Conu-nunity
Development Code was replaced with the City's Development Code (Ord. 487, Section 801-
4); that any inconsistent County regulations were determined to be inapplicable (Ord. 487,
Section 801-4.2); and that questions regarding the regulations and plan provisions to
individual development and applications were left to the "decisionmaker" (Ord. 487, Section
801-5).
Ordinance 487 went on, however, to assume the County's West Tigard and Bull
Mountain Community Plans were consistent with the City's Comprehensive Framework Plan
and Development Code and that therefore, the transfer of land use regulation applicability
from the County Development Code to the City Development Code would not result in any
inconsistency as between the text of those community plans and the City Development Code
(Ord. 487, Section 801-7.4 It is assumedly with this background that in regard to the
above Design Element No. 5 plan text, the City's Planning staff has presented the question of
"what was the manner in which these provisions were applied before enactment of this
ordinance?"; and invited the applicant to provide that evidence through previous Washington
County land use decisions.
We have met with County planning staff who have informed us that in no prior
subdivision application within the Bull Mountain Community Plan's Summit and Slopes
subarea, was the above Bull Mountain Community Plan text applied. Further, that the only
available documented evidence of the application of this plan text provision was found in the
decision regarding a Tree Removal Permit for the Woodhue Estates Subdivision (Casefile
91-562-TREE), attached hereto. In that case the County staff confirmed findings of the
Woodhue Estate Subdivision's efforts to minimize loss of trees and vegetation; authorized
the removal of trees within the proposed ROW or adjacent to the proposed ROW; required
all other trees be removed on a "lot by lot" basis; and that such removal be done in
accordance with the applicable County Development Code provisions.
The application of the subject design element text should be placed in the context it
was first presented - i.e. as part of the County's comprehensive planning process and
adoption of the County's plan in 1984. The subject text provisions, if applied literally, would
not appear to allow any mitigation of tree removal, or even consideration of removal of
CHID D www.builivant.com I Seattle Vancouver Portland Sacramento San Francisco Irvine Las Vegas
Larry Epstein
June 14, 2004
Page 3
hazardous or diseased trees. Further, it is not in context with today's requirements to meet
minimum density of housing - rather if literally applied it would limit cutting of not more
than 50% of the mature trees within this subarea without any consideration of those issues or
impacts. In addition it can be assumed that a sapling in 1984, at the time the plan text was
adopted would likely today be a mature tree by the plan's standards (six inch diameter or
greater). Effectively the literal application of the text language would result in an
impracticable if not impossible situation - and likely such a limitation could constitute a
taking of property. Therefore, the City's approach to considering the County's application of
the subject text provisions, prior to the City's assumption of regulating land development
within the Bull Mountain Community Plan area, is appropriate.
In discussions with the County staff, they have informed the applicant they would
consider providing the hearings officer a letter stating the County's application of the subject
plan text when this subarea of the Bull Mountain Community Plan was under the County's
land development authority. However, that letter will not be available until later in the week
and therefore the applicant will necessarily ask that the hearing be continued or the record
left open pursuant to ORS 197.763 (6)(b) or (c) respectively.
Ver my y urs,
John M. Junkin
JMJ: dw
Enclosures
10063774.1
M www.builivant.com I Seattle Vancouver Portland Sacramento San Francisco Irvine Las Vegas
•
WASHINGTON COUNTY
DEPARTMENT OF LAND USE AND TRANSPORTATION
'.AND DEVELOPMENT SERVICES DIVISION
i mORTH FIRST AVENUE
HiL ILLseoaSBORO, OREGON 97144 64&8761
STAFF REPORT &
NOTICE OF DECISION
7M:_1 IZY
M: 4 KM: Bull Hountain
UM LISP =9MCT•
'6 (~eSi a 6 LU11tSLs'lI rel
0%
CASEF=: 91_5G2:~=
APPUCUR:
OMK. Ina. Ad' N&
17355 STET Boones BY.Ad. EM M
Iake Ost SM, CR 97035 BANS
PimFOM CEVIIDAM ACTICN• lYee Iimooval Fe>a>ut far the Fboftm Bj&Xt S
Subdivision Rbrvuclh Casefile 90-177=9,jn WM
Suer 26, 1991
The applicant has proposed to remove approximately 175 trees (mixed species) in
order to continue lion of the Woodhue Estates Subdivision.
Staff has reviewed this proposal pursuant to the following Washington Comty
Cmmn-dty Development Code Sections:
Section 407-3 Tree Preservation and oval.:
Staff has also reviewlad this request in light of findings made by the applicant
and staff for Casefile 90-177-S/CWAV.
: The applAcant tas submitted information that addresses and
meets the requirements of Section 407-3. However, as a result
of the bAi Mornta~.n Camwnity Flan (super-Alcally, Subarea
Design Element - SDE - #5) only 50% of the trees of any parcel
may be removed for development. ..Sly' ,¢5 Airther states that
replacement trees necessary for slope stabilization stall be no
leas than 1i inches in size. staff findings for Summ1VS1copes
SL?F. #5 were made in the Staff Report for Casefile 90-177... and
are as follows:
"Prior to final approval, the applicant will be required
to provide a tree survey showing all trees cn-site whic'b
are gx-eater than six inches in diameter. This tree survey
will be required to show which of these are to be removed
for imnstruction so that no more than 50$ of these trees
will be .removed."
:Following are the applicant's findings for this same SDE:
91-562- IRM
Page 2
"Due to the uniform tree ooverage found on the subject
property, the location of roads and utilities will have a
simila.• inpact with any design. However, the design
attempt-.s to minurize grading for streets, utilities and
buildings in order to minimize the removal of vegetation.
In addition, the large lots will allow an in=mw in the
amount of trees which will be preserved. A slope
stabilization and revegatation plan will be submitted as
part of our final utility and grading plan."
Other findlings madL by the applicant pertaining to tree
preservation for Casef~le 90-177... are as follows:
"In designing the preliminary plat we have provided lots
with a minimmi,~ of 9000 _:quare feet as opposed to the 5000
-,u m faFt allowed within the designation R-6 zoning.
Tr .a ; nc -eased lot size will result in fewer homes and a
iesulcant uicrease in the number of trees retained. Mn
addition, tree removal restrictions will be included in
the conditions, ca wwjts and restrictions reoordled with
the final subdivision plat." M& amlic.ant fiudim was
9olhe tree cover is fairly consistent throughout the site
with the exoerti.on of the two drainage corridors which
were cleam' (.,,urini construction of the sir lines. No
trees will ~e removed prior. to obtaining a development
permit." ~('iSr►iaiicant finding was for GM #3 Of the
Bull N mtain ommIIlitY Plant.
"A preliminary grading plan has been made a part of this
application and is listed as Exhibit "G" (see Casefile).
A final grading plan will be submitted and approved prior
to any clearing, grading, filling or excavating on any
steep slopes." M]jg applicant finding was for shy #3.of
Plan).
"The proposed plat and acoa)anying utility plans were
designed to minimize vegetation removal while also
providing suitable utilization of the property. Steps
will be taken to protect existing vegetation during
constniction. In addition, a plan will be developed and
implemented to decrease the potential of erosion, surface
r noff and prevent earth movements. M _us aWlicaartt
firdira was for SEE #4 of the Slmmit/Slaaes Subareal .
"Proposed development in the drainage hazard areas will
consist of road crossings and utility extensions. In
areas identified as significant natural rescuroe, care
will be taken to minimize grading and removal of
vegetation. The design of the proposed wiWivision
91-562-TREE
Page 3
minimizes paved areas in proximity to the significant
natural resource areas. In addition, the number of twits
proposed is only 47.5% of the units allowed by the
Washington Ootutty Code. Ibis reduction in units will
result in less bpact an the significant natural resource
by reducing the mount of bman activity. The large size
lots also result in fewer units adjaoent to the drainage
hazard areas." IS am"= finum WO merle for
Se---ion 422 of the Ommmdty Develcmw* Codel .
Tlhroughout the Staff Report for Casefile 90-177..., Staff tttade
similar findings (enforcing the need to preserve trees) for
each of the above Ccmunity Plan and Code Standards, leading
Staff to place the following conditions of approval on the
PrVPM +1.
CONDITION V.a.S.: Submit a tree survey which shows all trees
on the site six inches in caliper and greater. This survey
should also delineate those trees to be removed. No more than
50% of the trees on the site shall be removed.
CONDITION V.F.2.: No tree over six itches in diam..-ter shall be
ranoved without written approval of the Land Develc9n2nt
Manager.
otaff finds that these conditions of approval fcw Ca file
90-177-S/CWAV are being omplied with through the submission
of this application. However, staff further finds that Phase I
(appr+oximately i of this development) is already constructed
without obtaining tree removal permits, and with disregard for
the applicant's own findings in Casefile 90-177.
Staff notes that, in accord with Section 407-3.2.8., some trees
on the site are/were exeatpted from removal permit requirements.
These trees are: "located within or adjacent to a public (road)
or public utility right-of-way or easement, when such trees are
approved for removal by a public agency or pubic utility".
Due to Code Section 407-3.2.B., Staff estimates that
approximately 25% of the total tzves on the site were exmi t
from tree removal permit req:,irWnts. However, because nose.
I has already been constructed without the proper tree removal
permits, and in contradiction to the applicant's findings for
tree preservation in Ca file 90-177..., Staff will not aliow
the extensive removal of the remaining trees that the applicant
has requested with this application.
Therefore, Staff grants approval of this application pursuant
to the following conditions:
1. Tree Removal is granted for those trees within the proposed roadway
right-of-way ONLY (trees adjacent to the proposed right-of-way may
be removed if necessary for the construction of the mad). All
other tree removals shall take place on a "lot by lot" basis.
All other proposed tree removals shall be in addition to this permit
and shall be acquired through the building permit process for each
lot.
91-5(."-IRS 0
Page 4
3. All to ea removals shall take place in ac c t zd with Code Sections
•407-4 and 407-5.
4. Trees to rtuain an the site shall be prabeated from construction
equipment and equipment storage by placement of a aonstYuetion fence
halft-ray between tree ton* and tree drip line.
5. In aoc cru wiLi Sum it,/Slopes SCE #5 r a slope wid vegeAt tan
zwtauilization plan shall be submitted. Any replaaenelt trees
shall be at lea_rt ii inches in diameter.
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NOTICE OF TYPES 11 DECISION
' Ji1URRAN `SERVICE,"AREA"
SI 1001VIS'ION _(SU.B} 1999=00002 } . cmroFnoaRD
0iMilftent
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f mura
i MEYES FARM:'SIJBDII✓ISION ; sic
u
120 DAYS = 10/19/99
SECTION I. APPLICATION SUMMARY
""URBAN SERVICE AREA"
FILE NAME: MEYERS FARM SUBDIVISION
CASES: Subdivision SUB 1999-00002
Adjustment VAR 1999-00016
The applicant has requested approval to divide 3 lots totaling 18.89 acres into 119
lots. The applicant has also requested a temporaryadjustment to the front yard
setback for the lots identified as lots 91 and 102.
APPLICANT:
APPLICANT'S
REPS:
OWNERS:
COMPREHENSIVE
PLAN
DESIGNATION:
ZONING.
DESIGNATION:
LOCATION:
APPLICABLE
REVIEW
CRITERIA:
Claremont Properties Dev. LLC
Contact Person: Tom Weber
P.O. Box 91010
Portland, Oregon 97291
Bill McMonagle
Harris-McMonagle Associates
12555 SW Hall Boulevard
Tigard, OR 97223
Fay Meyers
16010 SW Bull Mountain Road
Tigard, OR 97224
Medium Density Residential, R-7.
R-7.
•
Lamoine Eiler
Lamoine Eiler Design
2336 SW Osage, Suite 603
Portland, Oregon 97205
Francisco and Flordeliza Irlandez
16190 SW Bull Mountain Road
Tigard, OR 97224
The subject site is located at 16010 and 16190 SW Bull Mountain Road; WCTM
2S10800, Tax Lots 2300, 2304 and 2305.
Community Development Code Chapters 18.390, 18.370, 18.430, 18.510, 18.705,
18.715, 18.745, 18.765, 18.790, 18.795 and 18.810.
SECTION II. DECISION
Notice is hereby 'given that the City of Tigard Community Development Director's designee has;
gPPROVED :the above request subject toycertaintconditions.of approvalt,J The findings and.?conclusions
oriwvhichheedecision istbased are noted m. Section y of this Decisions _ Yr M k°°°" ,t
J Y,.
0
NOTICE OF DECISION PAGE 1 OF 26
SUB 1999-00002NAR 1999-00016 - MEYERS FARM SUBDIVISION
T , t
CONDITIONS OF APPROVAL `
PRIOR TO C6 I~lME067" G ANY ON=SITE IMPROVEMENTS; INCLUDINGGRADING; EXCAVATION;.;
ANDlOR'F1LL;THE>= Lf.OWING CONDITIONS
SHALL BE SATISFIED
Submit to the Planning Division (Julia Hajduk, 639-4171, ext. 407) for review and approval:
1. Prior to Final Plat, either plant the proposed on-site tree mitigation or submit a bond for the
trees to be planted on site. Submit a deed restriction for the mitigation trees prohibiting
removal unless they, pose an immediate hazard to life or property or are dead br diseased.
Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and
approval:
2. Prior to commencing on-site improvements, a public improvement permit and compliance
agreement is required for this project. Seven (7) sets of detailed public. improvement plans and
profile construction drawings shall be submitted for preliminary 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 improvement plans shall
conform to City of Tigard Public Improvement Design Standards, which are available at City Hall
and the City's web page (www.ci.tigard.or.us).
3. As apart of the public improvement plan submittal, the Engineering Department shall be provided
with the exact legal name, address and telephone number of the individual or corporate entity
who will be responsible for executing the compliance agreement (if one is required) and providing
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.
4. The applicant shall provide a construction vehicle access and parking plan for approval by the
City Engineer. All construction vehicle parking shall be provided on-site. No construction
vehicles or equipment will be permitted to ark on the adjoining residential public streets.
Construction vehicles include the vehicles of any contractor or subcontractor involved in the
construction of site improvements or buildings proposed by this application, and shall include the
vehicles of all suppliers and employees associated with the project.
-5. Any necessary off-site utility easements shall be the responsibility of the applicant to obtain and
shall be submitted to and accepted by the City prior to construction.
6. The applicant's construction plans shall indicate that they will construct a half-street improvement
along the frontage of SW Bull Mountain Road. The improvements adjacent to this site shall
include:
A. City standard pavement section from curb to centerline equal to 22 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;
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subsurface runoff;
E. 6 foot concrete sidewalk;
F. street trees behind the sidewalk spaced per TDC requirements;
G. street striping;
H. streetlights as determined by the City Engineer;
1. underground utilities;
J. street signs; and
K. adjustments in vertical and/or horizontal alignment to construct SW Bull Mountain Road in
a safe manner, as approved by the Engineering Department.
7. Full width street improvements, including traffic control devices, mailbox clusters, concrete
sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm
drainage, streetlights, and underground utilities shall be installed within the interior subdivision
streets. Improvements shall be designed and constructed to local street standards.
NOTICE OF DECISION PAGE 2 OF 26
SUB 1999-00002NAR 1999-00016 - MEYERS FARM SUBDIVISION
8. A profile of SW Bull Mountain Road shall be required, extending 300 feet either side of the
subject site showing the existing grade and proposed future grade.
9. Profiles of all streets to be stubbed to site boundaries shall be required, extending 300 feet
beyond the site boundary, showing the existing grade and proposed future grade if the street
were to be extended.
10. The construction plans shall indicate "No Parking" signs on one side of the 28-foot-wide streets
proposed.
11. The street shown as Street "A" on the preliminary plan shall be named "SW 161 st Avenue".
12. The construction plans shall show that SW 161St Avenue will be stubbed to the south boundary of
the site, as shown on the preliminary plan. In addition, the applicant shall provide a physical
connection between the existing access roadway to the south of this site and the end of the street
stub. A temporary asphalt pavement driveway entrance shall be provided at the end of the stub
street to provide an entrance to the realigned private access roadway. The design engineer shall
work with the Engineering Department to produce a signage plan for the end of the stub street
that will clearly delineate the ending of the public street and the beginning of the private roadway.
13. Once the public streets in this development are constructed and approved by the City, the
applicant shall physically close off the existing private access roadway entrances at Bull Mountain
Road, SW Dekalb Street and the south boundary of this site. It may be necessary to reroute the
private access through this site while the streets are being constructed.. The applicant shall
ensure that the property owners to the south have uninterrupted access to their properties.
14. Any extension of public water lines shall be shown on the proposed public improvement
construction drawings and shall be reviewed and approved by the City's Water Department, as a
part of the Engineering Department plan review. NpOTE: An estimated 12% of the water system
costs must be on deposit with the Water Department prior to approval of the public improvement
plans from the Engineering Department and construction of public water lines.
15. The public sanitary and storm sewer plans for this project shall be reviewed and approved by
USA prior to construction.
16. An erosion control plan shall be provided as part of the public improvement drawings. The plan
shall. conform to 'Erosion Prevention and Sediment Control Plans - Technical Guidance
Handbook, February 1994."
17. A final rading plan shall be submitted showing the existing and proposed contours. The plan
shall de ail the provisions for surface drainage of the lots, and show that they will be "pad" graded
to insure that the drainage is directed to the street or a public facility approved by the Engineering
Department. The plan shall incorporate the recommendations from the geotechnical report and
shall be consistent with the requirements of Appendix Chapter 33 of the. Uniform Building Code
(UBC).
18. The recommendations of the geotechnical report shall be incorporated into the final grading plan.
A final construction supervision report shall be filed with the Engineering Department prior to
issuance of building permits.
19. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS
468.740 and the Federal Clean Water Act.
20. The design engineer shall indicate, on the grading plan, which lots will have natural slopes
between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This
information will be necessary in determining if special grading inspections and/or permits will be
necessary when the lots develop.
~'~PRIOR TO APPROVAL OF THE `FINALzPLAT THE FOLLOWING ° a;
CONDITIONS OF AP;PROVALIWUST BE MET 'A
NOTICE OF DECISION PAGE 3 OF 26
SUB 1999-000021VAR 1999-00016 - MEYERS FARM SUBDIVISION
• ~ t
Submit to the Planning Division (Julia Hajduk, 639-4171, ext. 407) for review and approval:
21. Submit a revised plan that shows the average lot width for all lots, including lot 19 and 20 will
be no less than 50 feet.
22. Revise the plat so that lot 11 has at least 25 feet of frontage.
Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and
approval:
23. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of
$3,570.
24. Additional right-of-way shall be dedicated to the Public along the frontage of SW Bull Mountain
Road to increase the right-of-way to 33 feet from the centerline. This dedication shall be shown
on the face of the final plat.
25. Final Plat Application Submission Requirements:
A. Submit for City review three paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, and necessary data or narrative.
B. 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.
C.' The right-of-way dedication for SW Bull Mountain Road shall be made on the final plat.
D. NOTE: Washington County will not begin their review of the final plat until they receive a
letter from the City Engineering Department indicating: 1) that the City has reviewed the
final plat and submitted comments to the applicant's surveyor, and 2) that the applicant
has either completed any public improvements associated with the project; or has at least
obtained the necessary public improvement permit from the City to complete the work.
E. Once the City and County have reviewed the final plat, submit two mylar copies of the final
plat for City Engineer's signature.
26. The final plat shall indicate a wider public utility easement (PUE) than the typical 8-foot easement
to account for the planting of the street trees outside of the right-of-way.
27. The applicant shall either place the existing overhead utility lines along SW Bull Mountain Road
underg ound as a art of this project, or thy shall pay the fee in-lieu of undergrounding. The fee
shall be calculatedby the frontage of the site that is parallel to the utility lines and will be $27.50
per lineal foot. If the fee option is chosen, the amount will be $17,463 and it shall be paid prior to
approval of the final plat.
u THE'FOLLOWING CONDITIONS' SHALL BE' SATISFIED
PRIOR TOuTHE' iSSUANC`E OF,BUILDING' PERMITS:`y
Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and
approval:
28. The applicant shall provide the Engineering Department with a recorded mylar copy of the
subdivision/partition plat.
29. Prior to issuance of any building permits within the subdivision, the public improvements shall be
deemed substantially complete by the City Engineer. Substantial completion shall be when: 1)
all utilities are installed and inspected for compliance, including franchise utilities, 2) all local
residential streets have at least one lift of asphalt, 3) any off-site street and/or utility improvements
are completely finished, and 4) all street lights are installed and ready to be energized.
51
IN ADDITION, THE APPLICANT SHOULD: BE AWARE OF THE FOLLOWING SECTIONS OF THE
;COMMUNITYDEVELOPMENT CODE, THIS IS:NOT AN EXCiLUSIVE LIST:
NOTICE OF DECISION PAGE 4 OF 26
SUB 1999-00002NAR 1999-00016 - MEYERS FARM SUBDIVISION
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 Recordin :
Within 60 days o the City review and approval, the applicant shall submit the final plat to the County for
signatures of County officials as required by ORS Chapter 92.
Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded
final plat.
Three copies of the subdivision plat prepared by a and 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,
The tops of all monument boxes shall be set to finished pavement grade.
NOTICE OF DECISION PAGE 5 OF 26
SUB 1999-00002/VAR 1999-00016 - MEYERS FARM SUBDIVISION
• •
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 ana 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 Reauired
All improvements installed by he 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 therefor have been approved
by the City, permit The paid and permit issued.
18,810.180 Notice to Ci 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 dividers 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.
THISAOPPRO, A4- S.$' LL BE ~/ALIDrFOR'~`8 MONTHS '
,FROM .THE,EFFECTNE' DATE OF$THIS,RECIS.,ION
SECTION III. BACKGROUND INFORMATION
Site History:
City records do not indicate any previous development approvals have been granted for these
properties.
Site Information and Proposal Description:
The site consists of three parcels that will be combined to form a single subdivision. The Meyer
property, Tax Lot 2300, is 14.01 acres in size. The Erlandez property, consisting of Tax Lot 2304 and
2305, is 4.88 acres in size. Combined, these parcels will form the Meyer's Farm subdivision, with a
total area of 18.89 acres of land.
The site slopes from a high point of 449 feet of elevation in the southeastern comer of the property to a
low point of 346 feet on the western boundary. The grade varies across the property from 9/o to 15%
slope, with the steepest grades occurring in the southwestern third of the site. The site is currently
occupied by two existing homes. The house and garage on the Meyer property occup an area defined
by Lots 91 and 102 of the Meyers Farm subdivision. The applicant has proposed thaNhese structures
will remain in place as long as Mrs. Meyer chooses to live on the property. At the point in time that Mrs.
Meyer is no longer living in the house, the structures will be removed antwo new homes will be built on
these two lots. The applicant has indicated that the Erlandez family plans to continue living in their
home, but in order to accommodate the lofting pattern that is being proposed in the development plan,
the house will be moved a short distance to Lot 60 of the Meyers Farm subdivision.
NOTICE OF DECISION PAGE 6 OF 26
SUB 1999-00002/VAR 1999-00016 - MEYERS FARM SUBDIVISION
.The Meyer's Farm site does not lie within any significant natural resource areas as identified by the
Bull Mountain Community Plan. The geotechnical report that has been submitted with this application
confirms that there are no areas of unstable ground on the site and the terrain does not exceed
slopes of 25%.
Vicinity Information:
The northern boundary of the site abuts SW Bull Mountain Road, which has been designated a major
collector street. The Pleasant View subdivision forms the eastern boundary of the site. The southern
property line abuts the urban growth boundary, with sin le-family housing on large lots directly to the
south. The western boundary abuts the Stanley property, which is zoned R-7 and currently occupied
by an orchard.
SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET
The Tigard Development Code requires that property owners within 500 feet of the subject site be
notified of the proposal and be given the opportunity to provide written comments prior to a decision
being made. Staff received several comments that are summarized below. A summary of the
comment or concern is stated in bold and the Staff response to each comment follows. Copies of the
letters submitted are in the public record and are available for review at the City.
Lots Abuttina Pleasant View I
Many people wrote regarding the lots abutting the Pleasant View Subdivision. People thought
the rots should be larger than 7,500 square feet for neighborhood aesthetics (to act as buffer)
People also felt that having larger lots would allow for 3 car garages which in turn would allow
adequate off-street parking for a safer passage of traffic.
The City does not have the authority to require lots larger than that required by the code. In addition,
the City does not have design criteria to require homes to provide 3-car garages. There are minimum
arking standards that require all single-family residences to provide for 2 off-street parking spaces.
The developer has indicated 2-car garages will be provided as well as 20 feet from the face of the
garage to the street. This is more than can be required by the development code.
Dekalb Street:
There was concern raised that only one direct access from the new subdivision to Bull
Mountain will result in traffic increases on Dekalb and that most traffic will go through
Pleasant View as an easy way out of the Meyers Farm Subdivision. Some people asked that
Dekalb be blocked until home construction is complete to eliminate construction traffic on
Dekalb. Others asked that speed humps be installed between Meyers Farm and Pleasant View
to mitigate the increase in traffic due to the proposed connection.
Traffic increases on Dekalb are discussed in this decision under PUBLIC FACILITY CONCERNS,
page 20. In addition, construction traffic will be regulated and will not be permitted to take access
from Dekalb Street.
An individual indicated that "in a March 8, 1991 Interagency Memorandum from USA, USA
stated that there was some concern as to the impacts to downstream parcels. They stated
this may result in a loss of density on the Pleasant View subdivision. Pleasant View was
developed at a density of approximately 2 units per acre. The applicant needs to demonstrate
that they can develop this , project without impacting downstream parcels. Have things
changed downstream to address this concern in 1991?'
This memo was written in 1991 at which time the density was R-6. The possible reduction in density
referred to in the memo would have been as a result of the size of water quality (WQ) facility required.
Staff can not determine from this memo if the writer had any idea how the facility would affect density,
however, it appears they were acknowledging that the resulting loss of square footage from lots could
have resulted in a loss of density. The applicant in the Meyers Farm Subdivision has provided a
water quality and detention facility which is of adequate size to serve this development.
A concern was raised that the intersection of Dekalb and "A" Street should be realigned so
that it intersects at a 90-degree angle instead of being offset as proposed.
NOTICE OF DECISION PAGE 7 OF 26
SUB 1999-000021VAR 1999-00016 - MEYERS FARM SUBDIVISION
•
•
A skew angle (interior) at an intersection of no less than 75 degrees is permitted. Engineering Staff
did not indicate concern with the angle proposed, however, it will be reviewed and enforced during
construction plan review.
Construction Traffic:
One person indicated that they would like the hours of construction limited to 7:00 am to 6:00
p.m. with no construction on Sundays. There was concern about the construction traffic
increasing existing problems on Bull Mountain. One person stated that large vehicles adding
to the existing problems on Bull Mountain would violate 18.705.030, Section G. They
suggested as an alternative that construction traffic be routed to Bull Mountain via Beef Bend,
which would avoid passage through the curves and allow a simple right turn into the
subdivision instead of having to make a left turn. This idea was supported by the Washington
County's Sheriffs Office.
Construction traffic will be approved as part of the public permit process. The Development Review
Engineer has indicated that traffic will be required to access Bull Mountain Road from Beef Bend.
The Tigard Municipal Code and Public Improvement Design Standards limits on the hours of
construction, from tam-9pm or darkness, Monday-Friday and from 8am-9pm on Saturdays. In
addition, no collector lane closures shall occur between 7 am and 9 am or between 3:30 p.m. and
6:00 p.m.
Grading Before Final Construction Plans Are Approved:
A few people indicated that they do not think it is a good idea to allow this because of the
uncertainty of how City Staff and the developer have stated the easement will be addressed.
They also state that, while the developer has indicated they will make any necess wary
revisions, they may put pressure on the City to limit changes and to resist changes that ill
cause increased financial burden.
Staff shares many of these concerns and, therefore, is not approving the grading at this time as
requested. The City may consider allowing grading after a detailed plan has been submitted and
reviewed and approved by the Engineering Department. This is discussed is detail under PUBLIC
FACILITY CONCERNS further in this decision.
Future Street Pattern:
Concern that= as shown on the future street plan, Dekalb Street will connect to 150th will result
in Dekalb being a minor collector. Streets should be designed to direct traffic to collectors
and then to arterials rather than funneling traffic through neighborhoods.
The applicant is required to submit a future street plan to show that their development will not
preclude future development. This does not mean that all future development must occur in
accordance with this conceptual plan. Any new subdivision will be reviewed for compliance with all
applicable development code standards when it is submitted, which will include evaluation of street
connections.
Water Pressure:
Many people raised issues with the water pressure, stating that they had recently seen a
decrease in water pressure in their own homes.
Staff contacted the Water Department to inquire about the water pressure issue. It appears that the
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waLLU1 pressure IIau Ueen reuuLuU UUe Wa preSSUIe IUYUICILUI UCIIIg incorIecru JGI. I IIto N1 vumciII .1u.,
been fixed. The water department has not indicated a problem in providing water of adequate
pressure to this development.
School Overcrowding:
Many people were concerned that this development (with 119 homes) would add to the
overcrowding in schools.
While this is an understandable concern, the City can not prohibit development due to school
overcrowding without a moratorium being declared. Moratoriums are regulated by state law and must
be limited in duration for the period of time needed to correct the problem. In addition, state law does
not permit requiring developers to pay for increased capacity in schools. In any event, the School
district provided the applicant with a service provider letter prior to submittal of the application that
indicates there will be adequate capacity to accommodate new students.
NOTICE OF DECISION PAGE 8 OF 26
SUB 1999-00002NAR 1999-00016 - MEYERS FARM SUBDIVISION
• •
Need For Greenspace:
Many people were concerned that this development is not proposing greenspace. They were
concerned that with the small lots and "high' density, greenspaces are necessary because
the lack of open space forces children to play in the street.
To begin with, an R-7 zone is not high density and is actually classified on the lower-end of medium
density. In addition, there are many homes constructed in Tigard, as well as the Metropolitan area,
on lots the proposed size or smaller and do not have greenspaces associated with the development.
In any event, there are no provisions in the code to require a subdivision to provide green spaces or
open space. Citizens are encouraged to participate in the City Council process and the Citizen
Involvement Team (PIT) process where they can have an opportunity to comment on City policy
when it is being reviewed. Please note, that this development can only be reviewed under the
standards in effect at this time. Even if policy were to change, Staff can not require a development
currently under review to comply with standards adopted after the application has been submitted.
The City has a park and open space program. It is, however, limited. Prioritization of projects and
park acquisition are addressed through the parks plan.
Possible Increase In Crime Due To The Crowding, No Fencing In Pleasant View And Lack Of
Police Protection:
While this concern. may be valid, there are no provisions for Staff to deny an application for a
Subdivision based on the potential for increased crime. There are also no standards that allow Staff
to require fencing between two single-family developments.
Easement Road:
There was quite a bit of concern about traffic conflicts with the existing easement road and
concern about the existing amount of traffic on the easement road. Several people asked that
it be eliminated as a condition of approval. Others asked that Dekalb not be extended
between the Pleasant View Subdivision and the proposed subdivision which would eliminate
traffic conflicts in that area. One individual questioned if there was a legal issue of a street
crossing an existing easement without permission from the easement holders.
Staff agrees that the existing easement road may create unsafe traffic conflicts and are, therefore,
requiring. the easement to be closed with access to the easement users provided from Street "A".
This is discussed in detail under PUBLIC FACILITY CONCERNS. Staff can not require the easement
to be vacated, however, because that is beyond the control of the applicant. It is highly
recommended, however, that the easement be officially vacated.
Many people were concerned about the lack of a buffer between the existing homes and the
new subdivision because they felt they would lose privacy.
Staff can not require buffering or screening between two single-family residential uses. Although no
landscape buffer is required, the applicant is proposing to build a 6-foot cedar fence and plant.
mitigation trees along the entire property boundary between the Met'er's Farm subdivision and the
Pleasant View subdivision. The applicant is also proposing to plant trees along the southern and
western boundary of the subdivision. These trees will help act as a visual buffer. There was concern
that the proposed trees would not remain after the homes were purchased, however, because these
trees are meeting mitigation requirements, deed restrictions will be required that prohibits the removal
of these trees unless they pose an immediate hazard to life or property or are dead or diseased.
One individual indicated they want power poles and utility lines buried within the project and
those located on the eastern boundary of the property.
All utility lines within the project area will be required to be buried. Staff can not enforce the
undergrounding of lines on the eastern boundary-line because it is not a public street, however, this is
strongly encouraged.
There was a concern about. noise pollution caused by lawn mowers and loud music and air
pollution caused by Bar-B-Q, too many wood stoves, cars, dryer vents, furnace vents,
fireplaces.
NOTICE OF DECISION PAGE 9 OF 26
SUB 1999-00002NAR 1999-00016 - MEYERS FARM SUBDIVISION
• •
Staff can not deny an application because of the threat that pollution will occur, especially when the
concerns cited were typical of any residence (single-family or multi-family). The Tigard Municipal
Code has provisions that regulate nuisances such as noise. If problems anse as a part of this or any
subdivision, property owners may contact the Code Compliance Specialist.
Traffic:
Many people were concerned about increased traffic in Pleasant View, on 161St and Bull
Mountain. There was a concern that people already speed, which will make increased traffic
even more dangerous. They were concerned that an increase in traffic and commute time will
impact livability for existing residents. Several people stated that Bull Mountain Road was not
designed to accommodate this amount of trafc. One individual cited Chapter 18.705.030,
Section G regarding inadequate or hazardous access, stating that increased traffic will result
in increasing existing hazardous traffic conditions which would constitute a clear and present
danger to the public.
Traffic issues are discussed in detail under PUBLIC FACILITY CONCERNS on page 20 of this
decision. The Code citation referred to is for access (meaning driveway access). The development
is not proposing access that is unsafe because all lots will come out onto local streets and the access
into the development is via a public street at an acceptable location. The director has, however, used
this standard to require the access to the existing easement to be closed because it was determined
by the City Engineer to be unsafe.
Safety of Bull Mountain (curves):
Many people raised concerns about the safety of Bull Mountain Road, especially at the
intersection with Roshak Road. They pointed out existing characteristics such as it being
narrow without any turn lanes, no sidewalks, steep roads, poor visibility and the speed limit as
contributing to unsafe conditions. Some would like to see turn lanes for both exiting and
entering the new development so that there is no build-up at this area. They state that
because there are no sidewalks, it is not possible to safely walk and bicycle outside the
neighborhood. An individual indicated that Bull Mountain is already so busy it is hard for
others to pull out of driveways and streets. Another asked that the project be delayed until
Beef Bend construction is complete and the speed limit along Bull mountain is reduced to 30
mph.
These concerns are addressed in detail under PUBLIC FACILITY CONCERNS.
Several people raised issue with the possible reduction in property values as a result of this
subdivision being approved.
Staff can not deny a subdivision based on the potential Ao decrease property values of existing
parcels. The existing homes were built under the R-6 zone and the developer chose to build larger
tots than required. All future development should not (and can not) be required to conform to
development that was built at a lower density than permitted in the zone.
Compatibility With Existing Homes:
Man people were concerned about compatibility with existing neighborhoods. One comment
statedthat the proposal had a "cookie-cutter" feel rather than idividually planned and designed
homes. Several referred to Pleasant View as a good example of mixing old development and
new development. One person wrote "The development plan presented appears as a very
uninspired warehouse approach to building a neighborhood. This does not by any means
compliment the Pleasant View development or the area of Bull Mountain. Is this the general
approach by you to make the entire Tigard to look like the 99W trashway?" Others want
convents and restrictions (CC&Rs) similar to Pleasant View.
This area has been zoned R-6 since at least 1983. In talking with a Staff member at Washington
County, 20-50 years ago the area did have a much larger lot requirement because the homes were
on septic and larger lots were required. Since that time, sanitary sewer has become available to the
area and the zone has changed to allow smaller lots. This area is inside the Urban Growth Boundary
which means it will be developed at urban densities. The Pleasant View Subdivision was constructed
when the market demand was different and the price of land was lower. In addition, when the
subdivision was approved, there was no minimum density required. Pleasant View Subdivision would
not be approved today because the standards have changed. The City of Tigard does not have
design standards for single-family residences, therefore, as long as the proposal meets the
standards, we can not control the look of the subdivision or require CC&Rs that regulate the look of a
development.
NOTICE OF DECISION PAGE 10 OF 26
SUB 1999-000021VAR 1999-00016 - MEYERS FARM SUBDIVISION
.One person was concerned that the proposed stone wall will ruin the neighborhood feel.
While Staff does not disagree that walls around subdivisions detract from an overall community feel,
they are permitted and commonly found in residential developments. The applicant will be required to
get permits for the wall, however, there is no design requirement for the type of material used. The
applicant indicated that they are proposing this wall to reduce the impacts and increase the livability
of the lots that will be abutting Bull Mountain Road.
Some want the City to require trees to be planted in the neighborhood.
Street trees are required to be planted and the applicant has proposed to plant trees along the
boundaries of the subdivision to mitigate for tree removal.
Zoning:
Many people raised issues with the density allowed. They state that the maximum density is
not compatible with existing homes along Bull Mountain. They are concerned that the density
proposed will threaten their quality of life and environmental health. One individual states that
the "new zoning, high-density" housing regulation is overwhelming to those who "chose a
better life style for our families". Several people expressed the desire to have the City require
the lowest number of homes permitted by Metro and want the density reduced especially
along the line adjacent to the Pleasant View Subdivision. One person states: "fhis type of
high density is better suited for a metropolitan area where one can walk to the grocery store
and coffee shop, or jump on the bus to go across town". One person indicated concern with
the "level of homeowner attracted to a lower income high-density housing pro ect". There
were also questions about allowing this type of development trend to take pace on Bull
mountain without the resources to support it.
The zoning on Bull Mountain was adopted by Washinqton County. The zoning has been in affect
since at least 1983. This is not a NEW zone or density, it is the density in effect for many years. The
only thing that has changed is that developers now must build a minimum density (80% of the
maximum density), whereas, that was not required before. The minimum density requirement is in
response to a Metro mandate that all cities show how they would accommodate projected growth.
Development occurring far below the permitted density Pleasant view is an example) was one of the
reasons Metro required all Cities to incorporate a method for providing for projected growth. By
developing lots consistent with the density permitted in the zone, it allows others to have a "better
lifestyle" for their families by providing a balance of high, medium and low density developments thus
providing housing for a variety of income levels instead of simply low-income and high-income. As
stated previously, R-7 is not considered a high density development and has been successfully built
in Tigard as well as other cities in the area. By accommodating density within the urban boundary,
productive farm land and greenspaces are maintained.
Sanitary Sewer Pumps:
One individual stated that they wanted the applicant to pay the full cost of any new sewer
pump station instead of their proportionate share. They indicate that the pumps work fine
now and they should not have to pay anything (in taxes) for an upgrade.
The sanitary sewer is discussed in detail under PUBLIC FACILITY CONCERNS. A jurisdiction can
not require a developer to pay more than their fair share for improvements involved in a development
as we were told in the US Supreme court case of City of Tigard vs. Dolan.
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS
Impact Study: Section 18.390.050 states that the applicant shall provide an impact study to
quantify the effect of development on public facilities and services. The study shall address,
at a minimum, the transportation system including bikeways, the drainage system, the parks
system, the water system, the sewer system, and the noise impacts of the development. For
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 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 DECISION PAGE 11 OF 26
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• •
Section 18.390.050 states that when a condition of a~proval requires the transfer to the public
of an interest in real property, the approval authori y shall adopt findings which support the
conclusion that the interest in real property to be transferred is roughly proportional to the
impact the proposed development will have on the public.
The applicant has prepared a detailed impact study that indicates the following services are available
to serve the proposed subdivision: Sanitary Sewer System, Storm Water System, Water System,
Traffic System, Police Services, Fire Services, Schools, Electrical Services, Natural Gas Services and
Telephone Service. The various service providers responded to the applicant's request for comments
indicating necessary improvements. The application incorporates necessary improvements to insure
the development is adequately served.
Any required street improvements to certain collector or higher volume streets and the Washington
Cunt Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development.
Based on a transportation impact study prepared by Mr. David Larson for the A-Bo Expansion/Dolan
II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new
development on the Collector and Arterial Street system. Presently, the TIF for each trip that is
generated is $189. The total TIF for an attached, single-family dwelling is $1,899.
The internal streets within the subdivision are needed to allow the subdivision to develop and the
need for streets is created by the subdivision. Because the need for the internal streets is created by
the development, the impact of the development is roughly proportional to the cost of dedication and
construction of the internal streets. The applicant is proposing to dedicate 3 feet of right-of-way along
SW Bull Mountain Road and to make half-street improvements. The estimated cost of half-street
improvements along Bull mountain is $127,000 (635 feet x $200) and the estimated value of 3 foot
dedication is $5,715 (1,905 square feet x $3 per square foot Upon completion of this development,
the future builders of the residences will be required to pay TIF's of approximately $225,981 ($1,899 x
119 dwelling units). Based on the estimate that total TIF fees cover 32 percent of the impact on
major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact
is $1706,190 ($225,981 divided by .32). The difference between the TIF paid and the full impact, is
considered an unmitigated impact. Since the TIF paid is $225,981, the unmitigated impact can be
valued at $480,209. Given that the estimated cost of the dedication and half-street improvements is
$132,715 the requirement to make these improvements meets the rough proportionality test related to
the impact of the development.
LAND DIVISION: SUBDIVISION (18.430)
A roval Standards - Prelimina Plat:
T e proposed preliminary plat complies with the applicable zoning ordinance and other
applicable ordinances and regulations
The proposed project complies with the Comprehensive Plan's Medium Density Residential designation
for the subject property because it complies with the applicable provisions of the Community
Development Code which implement the plan. Compliance with the majority of specific regulations and
standards will be addressed further within this decision.
The proposed plat name must not be duplicative and must otherwise satisfy the provisions of
ORS Chapter 92.
The applicant has provided evidence that the proposed subdivision name has been reserved with
Washington County, thus insuring that the name is not duplicative.
The Streets and roads are laid out so as to conform to the plats of subdivisions and maps of
major partitions or subdivisions already approved for adjoining property as to width, general
direction and in all other respects unless the City determines it is in the public interest to modify
the street or road pattern.
Street layout is discussed. in more detail, and conditioned if necessary, further in this decision.
An explanation has been provided for all common improvements.
The applicant has' provided an explanation for all common improvements as required and, therefore,
satisfied this criterion. Specific details of the proposed improvements are discussed later in this decision
under Public Facilities Concerns.
NOTICE OF DECISION PAGE 12 OF 26
SUB 1999-00002/VAR 1999-00016 - MEYERS FARM SUBDIVISION
.FINDING: Based on the analysis above, the proposal meets, or will be conditioned to meet further in
this decision, the preliminary plat approval standards for subdivisions.
Subdivision General Provisions:
Future re-division. When subdividing tracts into large lots the Approval Authority shall
require that the lots be of such size and shape as to facilitate ?uture re-division in accordance
with the requirements of the zoning district and this title.
The applicant is proposing to subdivide the 18.89-acre site into 119 lots ranging in size from 4,138
square feet to 9,815 square feet. The applicant is proposing to keep lots 91 and 102 as one lot at this
time due to an agreement with Mrs. Meyer, the resident of the existing house. At the time Mrs. Meyer
is no longer living in her house, the house and garage will be tom down and the parcel will be
partitioned into the two lots and new houses will be built on the lots. The applicant's plan confirms
that this lot can be divided in the future to provide 2 subdivision lots that meet the density of the
over-all subdivision. Because the lot size will be less than 10,000 square feet, the applicant will need
to refer to this subdivision approval to verify that a lot less than the minimum 5,000 square feet will be
permitted at the time of partition.
FINDING: Because the applicant's plans show that the one lot large enough to be re-divided can
be partitioned in the future, this standard has been satisfied.
Lot size averagging:
Section 18.436.020.D states Lot size may be averaged to allow lots less than the minimum lot
size allowed in the underlying zoning district as long as the average lot area for all lots is not
less than allowed by the underlying zoning district. No lot created under this provision shall
be less than 80% of the minimum lot size allowed in the underlying zoning district.
The applicant has proposed averaging of the lot sizes. The minimum lot size in the R-7 zone is 5,000
square feet. Under lot averaging, the 80% standard would allow lots as small as 4,000 square feet as
long as the average lot size for the entire subdivision is at least 5,000 sgware feet. The smallest lot
proposed for the Meyer's Farm subdivision is 4,138 square feet in size. The average lot size for the
119 lots proposed for this subdivision is approximately 5,197 square feet.
FINDING: Based on the analysis above, the subdivision complies with the lot size averaging
criteria.
Phased development:
The Approval Authority may approve a time schedule for developing a subdivision in phases,
but in no case shall the actual construction time period for any phase be greater than two years
without reapplying for a preliminary plat;
The criteria for approving a phased site development review proposal are: a.)The public facilities
shall be scheduled to be constructed in conjunction with or prior to each phase to ensure
provision of public facilities prior to building occupancy; b.) The development and occupancy of
any phase shall not be dependent on the use of tern porary public facilities: For purposes of this
subsection, a temporary public facility is an interim facility not constructed.to the applicable City
or district standard; and The phased development shall not result in requiring the City or other
property owners to construct public facilities that were required as a part of the approval of the
preliminary. plat.
The application for phased development approval shall be reviewed concurrently with the
preliminary plat application and the decision may be appealed in the same manner as the
preliminary plat.
The applicant has proposed to build the subdivision in three phases. The Phases have been shown on
the Preliminary Plat and preliminary construction drawings that were submitted with the application.
Phase One consists of 39 lots, with 35 lots in Phase Two and 46 lots in Phase Three. The applicant
intends to begin construction on the second phase of development within two years of the
commencement of construction in Phase One, with the third phase of development commencing two
years later. The applicant has indicated, however, that Phase Two and Phase Three may be developed
out of sequence in response to market concerns and development considerations and it is also possible
that the entire project may be built in one phase. Regardless of the actual sequencing, public facilities
will be constructed by the applicant in conjunction with or prior to each phase to ensure provision of
NOTICE OF DECISION PAGE 13 OF 26
SUB 1999-00002/VAR 1999-00016 - MEYERS FARM SUBDIVISION
• •
facilities prior to building occupancy in that phase. Development will not be dependent on the use of
temporary public facilities. The engineering permitting process will insure that the phased development
criteria are met.
FINDING: Because the applicant has stated in the narrative how they will meet the phased
development criteria and because the Engineering permit process will insure that the
phased development standards are met, the proposal to develop this subdivision in
three phases is approved.
TIGARD DEVELOMENT CODE SECTIONS APPLICABLE TO SUBDIVSIONS.
Variances and Adjustments (18.370;
18.370.020.C.1. Adjustments to development standards within subdivisions (Chapter .18.430).
The Director shall consider the application for adjustment at the same time he/she considers
the preliminary plat. An adjustment may be approved, approved with conditions, or denied
provided the Director finds:
There are special circumstances or conditions affecting the property which are unusual and
peculiar to the land as compared to other lands similarly situated;
The applicant is requesting a temporary development adjustment that would apply to the front yard
setback of the existing house on the Meyer property. The applicant is requesting a temporary
development adjustment to accommodate a 4-inch reduction in the front yard setback for this home.
In agreements that the applicant has reached with Mrs. Meyer, she will continue to reside in the
house until she dies or until she decides to move to another residence. At that time, the house and
garage will be torn down and this temporary development adjustment voided. The lot identified as lot
91 and 102 would be partitioned and new houses will be built on the two lots that were occupied by
the house and garage. All new construction will have to meet all of the development standards of the
R-7 district, including the front yard setback of 15 feet.
The adjustment is necessary for the proper design or function of the subdivision;
The applicant has designed the subdivision to accommodate ultimate build-out. This included having
larger than required lots along the property line abutting the Pleasant View Subdivision. Given the
desire to maximize the depth of the lots adjacent to the Pleasant View subdivision and to maintain the
right-of-way width of 161 Avenue, this temporary adjustment is the most reasonable alternative to
insure that the subdivision is designed properly and the most efficiently. This temporary development
adjustment is in compliance with all of the approval criteria contained within the Code. A 4-inch
reduction in the front yard setback is the smallest adjustment that can be made to the setback.
standard and still accommodate the lot depths on the opposite side of the street and the width of the
street right-of-way
The granting of the adjustment will not be detrimental to the public health, safety, and welfare
or injurious to the rights of other owners of property; and
This temporary reduction will not impede emergency access to the site, especially since the street
right-of-way of 46 feet will be maintained in this area.
The adjustment is necessary for the, preservation and enjoyment of a substantial property
right because of an extraordinary hardship which would result rrom strict compiiance wnn uIU
regulations of this title.
Strict compliance with the setback standards in this case would require real' nment of the road and
create smaller, narrower lots adjacent to the Pleasant View Subdivision. Because this adjustment
request is for a limited amount of time, it would be less desirable to require a re-design to comply with
the setback for a house that will be removed in the future.
FINDING: Based on the analysis above, the subdivision variance criteria are satisfied and the
temporary variance is approved.
NOTICE OF DECISION PAGE 14 OF 26
SUB 1999-000021VAR 1999-00016 - MEYERS FARM SUBDIVISION
• •
Residential Zoning Districts (18,510)
Preserve neighborhood livability. One of the major purposes of the regulations governing
development in residential zoning districts is to protect-the livability of existing and future
residential neighborhoods, by encouraging primarily residential development with compatible
non-residential development schools, churches, parks and recreation facilities, day care
centers, neighborhood commercial uses and other services at appropriate locations and at
an appropriate scale.
Encourage construction of affordable housing. Another purpose of these regulations is to
create the environment in which construction of a full range of owner-occupied and rental.
housing at affordable prices is encouraged. This can be accomplished by providing
residential zoning districts of varying densities and developing flexible design and
development standards to encourage innovation and reduce housing costs.
accommo
accesso
ry
minimum
permitted
date attached sing le-family.homes, detac
residential units, at a minimum lot size
lot size of 10,000 square feet. Mobile
The R-7 zoning district is designed to
ied single-family homes with or without
of 5,000 square feet, and duplexes, at a
home parks and subdivisions are also
outright. Some civic and institutional uses are also permitted conditionally.
The R-7 zoning district has the following dimensional requirements:
Ill
(2)
STANDARD
R-7
Minimum Eot Size
- Detached unit
5,000 sq. ft.
- Duplexes
10,000 sq.ft.
- Attached unit 1
5,000 s .ft.
verage Minimum Lot Width
- Detached unit lots
50 ft.
- Duplex lots
50 ft.
- Attached unit lots
40 ft.
Maximum o Coverage
80% [21
Minimum Setbacks
- Front yard
15 ft.
- Side facing street on
corner & through lots
10 ft.
- Side yard
5 ft.
- Rear yard
15 ft.
- Side or rear yard abutting more
restrictive zoning district
30 ft.
- Distance between property line
and front of garage
20 ft.
Maximum-Reight
35 ft.
Minimum Landscape Requiremen
20%_
Single-family attached residential units permitted at one dwelling per lot with no more that five attached
units in one grouping.
Lot coverage includes all buildings and impervious surfaces.
The proposed lots range in size from 4,138 square feet to 9,815 square feet. Based on the lot averaging
standards of Section 18.430.020.D, lot sizes can be reduced to a minimum of 4,000 square feet as fon
as the average lot size for the entire subdivision is at least 5,000 square feet. The smallest lot proposed
for the Meyer's Farm subdivision is 4,138 in size. The average lot size for the 119 lots proposed for this
subdivision is 5,197 square feet. All of the proposed lots meet the minimum lot size and averaging
requirements of the Code. All lots with the exception of lots 19 and 20 meet the minimum lot width
requirements. Based on the dimensions provided on the plan, the minimum lot width between these 2
lots is 49 feet, one foot short of the minimum. The applicant will be required to comply with the setbacks,
height and lot coverage/landscape requirements during the building permit review process for the homes
on individual lots. This is not a planned development, therefore, there will be no flexibility in the
setbacks. Based on the lot dimensions, Staff finds it feasible that the required setbacks can be met.
NOTICE OF DECISION PAGE 15 OF 26
SUB 1999-000021VAR 1999-00016 - MEYERS FARM SUBDIVISION
•
•
FINDING: Based on the analysis above, the residential zoning district dimensional standards are
not fully satisfied, however, the standards can be met if the applicant complies with the
condition listed below.
CONDITION: Submit a revised plan that shows the average lot width for all lots, including lot 19 and
20 will be no less than 50 feet.
Access. Egress and Circulation X18.705 Chapter 18.705 establishes standards and
regulations-
egulations for safe and efficient vehicle access and egress on a site and for general
circulation within the site. Table 18.705.1 states that the minimum vehicular access and
egress for single-family dwelling units on individual lots shall be one, 10-foot paved driveway
within a 15-foot-wide accessway. The minimum access width for 3-6 dwelling units is 20 feet
with 20 feet of pavement.
The access and egress into the site itself is discussed later in this decision under Street and Utility
Standards and PUBLIC FACILITY CONCERNS. Access to individual lots will be reviewed for
compliance during the building permit phase.
FINDING: Because the access to individual lots will be reviewed as part of the building permit
process and access to the site is addressed and conditioned, if necessary, further in this
decision, the Access, Egress and Circulation standards have been satisfied.
Density Computations and Limitations: Chapter 18.715 implements the Comprehensive Plan
by establishing the criteria for determining the number of dwelling units permitted. The number
of allowable dwelling units is based on the net development area. The net area is the remaining
parcel area after exclusion of sensitive lands and land dedicated for public roads or parks. The
net area is then divided by the minimum lot size permitted by the zoning district to determine the
number of dwelling units that may be developed on a site.
Based on the formulas in Chapter 18.715 of the City of Tigard Community Development Code, the
maximum and minimum number of units permitted on the site are based on the net developable area,
subtracting sensitive land areas, land dedicated to public parks, land dedicated for public right-of-way
and land for private streets from the total site area. Of the total site area, 4.69 acres will be dedicated
to public street right-of-way and 14.20 acres will be retained for lot development. This results in a
maximum of 123 Tots and a minimum of 98 lots. The applicant's proposal to build 119 lots for single-
family detached homes meets the maximum and minimum density requirements in an R-7 zone.
FINDING: Because the applicant has proposed 119 lots and 123 lots are the maximum permitted
based on the net acreage of the site, this .standard has been satisfied.
Landscaping and Screening (18.7W. Chapter 18.745 contains landscaping provisions for new
development. Section 18.4 .100 requires that street trees be planted in conjunction with all
development that fronts a street or driveway more than 100 feet long. A proposed planting list
must be submitted for review by the Director since certain trees can damage utilities, streets and
sidewalks or cause personal injury.
Section 18.745.040.C contains specific standards for spacing of street trees as follows:
♦ Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall
be spaced no greater than 20 feet apart;
♦ Medium sized trees (25-feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be
spaced no greater than 30 feet apart; and
♦ Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no
greater than 40 feet apart;
The applicant's narrative indicates that a street tree plan will be submitted which will indicate the type,
size and location of the proposed street trees with the final construction drawings for each phase of
development. They have indicated that in general, street trees will be spaced 30' to 40' apart, with a
tree located at each property corner abutting the street right-of-way and an additional tree placed
along the front property line and the side yard property line where applicable. The exact location for
these street trees will be determined after utility boxes, utility trenches, lighting standards and
driveways have been located and will be shown on the plot plan that will be submitted with the
construction drawings required for building permit review. They have stated that tree planting will be
the responsibility of the omebuilder, with the completion of the task tied to the issuance of the
NOTICE OF DECISION PAGE 16 OF 26
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• •
certificate of occupancy. This may be possible, however, the applicant will be required to provide a
bond for the planting of street trees and the construction plans must show the type and spacing of
street trees to be planted. The City can not defer street tree planting to the building permit phase for
each lot without a bond for the planting prior to final plat approval.
Section 18.745.050 contains the provisions and requirements for buffering and screening.
The Buffering and Screening Matrix (Section 18.745.1) does not require buffering or screening when
a single-family detached residential use is proposed adjacent to existing detached single-family
.dwellings. The Meyer's Farm site is surrounded by detached single-family homes and undeveloped
parcels with R-7 zoning. Therefore, this section does not apply. However, the applicant is propposingg
16 'build a 6-foot tall masonry wall along the property line abutting SW Bull Mountain Road. Although
no landscape buffer is required, the applicant is proposing to build a 6-foot cedar fence and plant
trees along the entire property boundary between the Meyer's Farm subdivision and the Pleasant
View subdivision. The applicant is also proposing to plant trees along the southern boundary of the
subdivision.
FINDING: Because no buffering and screening is required when a single-family development
abuts a single-family development, this standard does not apply.
Off-street parking and loading reuirements (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 applicant has stated that this standard will be satisfied with the future driveways and residential
garages on the individual lots. In addition, the applicant has indicated that most homes built in this
y e of subdivision have a two-car garage and a driveway that will accommodate at least two
additional cars. The building permit review. will require that the applicant show off-street parking
spaces. The code requires 20 feet from the property line to the face of a garage which will insure that
at least one car can park off the street, outside of any garage.
FINDING: Because each individual home will be reviewed for compliance with this standard during
.the building permit phase and it is feasible that this standard will be met by providing
driveways and garages, this standard has been satisfied.
Tree Removal:
Chapter 18.790 requires mitigation of trees over 12" diameter at breast height (dbh) removed
as part of the development of the site.
The applicant has stated in the narrative that the walnut orchard comprises the only significant
existing vegetation on the Meyer's Farm site. It is the applicant's intention to remove the orchard to
accommodate site grading, the installation of proposed infrastructure and to create pads for future
homes.
A certified arborist has conducted an assessment of the trees on the site of the Met'er's Farm
subdivision. There are thirty-three trees with diameters larger than twelve inches which have been
field measured and flagged with chartreuse ribbon for identification. The total caliper inches of the
trees above 12 inches is 589. Of these, 123 inches are on trees considered in poor condition or
dead. Based on the assessment of the certified arborist, there are 466 diameter inches of trees that
need to be mitigated. The applicant has included in the subdivision proposal a mitigation plan
showing trees will be planted- on the eastern, northern and southern boundaries of the property.
These frees will be 3-inch caliper trees spaced approximately 30 feet on center. None of the existing
trees are proposed to be retained.
FINDING: Based on the analysis above, the Tree Removal standards will be met, if the applicant
. . complies with the conditions listed below.
CONDITION: Prior to Final Plat, submit a bond for proposed on-site tree mitigation or plant the
proposed mitigation trees on-site. A deed restriction must be recorded prohibiting the
removal of trees planted to meet the mitigation requirement unless they pose an
immediate hazard to life or property or are dead.
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Vision clearance: Chapter 18.795 applies to all development and requires that clear vision
area shall be maintained on the corners of all property adjacent to intersecting right-of-ways
and at the intersection of a public street and a private driveway. A visual clearance area shall
contain no vehicle hedge, planting, fence, wall structure, signs, or temporary or permanent
obstruction exceeding three feet in height.
The applicant has not proposed any structures or vegetation in the vision clearance area. All
structures to be located on individual lots will be reviewed for compliance with the vision clearance
standards during the building permit phase. Staff did a quick evaluation of the lots to determine how
the vision clearance would affect the buildability of these lots. The vision clearance area will not
affect the buildability of these lots.
FINDING: Because no structures are currently proposed in the vision clearance area and all future
buildings will be reviewed for compliance during the building permit phase, this.standard
has been satisfied.
Street And Utility Improvements Standards:
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:
Improvements: Section 18.810.030(A) requires streets within and adjoining a development to
be dedicated and improved based on the classification of the street.
Dedication requirements and improvement standards are addressed and conditioned as necessary
later in this decision under Public Facility Concerns.
Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires a residential local
street to have a 42-50 right-of-way width and 24-32-f6ot paved section between curbs and
sidewalks.
The applicant's plans show the right-of-way widths will be between 42 feet and 46 feet. This standard
is discussed in more detail under PUBLIC FACILITY CONCERNS.
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-sac since
they are intended to continue as 1hroug streets at such time as the adjoining property is
developed.
The applicant has submitted a future street plan that shows how the properties to the west can be
served, as well as the property to the south if it is ever included in the Urban Growth Boundary.
Street Alignment and Connections: Section 18.810.030(G) requires all local streets which abut a
development site shall be extended within the site to provide through circulation when not
precluded by environmental or topographical constraints, existing development patterns or strict
adherence to other standards in this code. A street connection or extension is precluded when it
is not possible to redesign, or reconfigure the street pattern to provide required extensions. In
the case of environmental or topographical constraints, the mere presence of a constraint is not
sufficient to show that a street connection is not possible. The applicant must show why the
constraint precludes some reasonable street connection.
This standard is met because SW Dekalb Street, which stubs to the property, will be extended into
the development area.
Grades And Curves: Section 18.810.030(M requires that grades shall not exceed 12 percent on
local streets, except that local residential streets may have segments with grades up to 15
percent for distances of no greater than 250 feet.
The street grades are discussed under PUBLIC FACILITY CONCERNS.
NOTICE OF DECISION PAGE 18 OF 26
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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 ana
recognition of limitations and opportunities of topography. Specifically:
Block Sizes: Section 18.810.040(6)(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.
The blocks created within the subdivision do not have lengths greater than 1,800 feet, therefore, this
standard is satisfied.
Block Lengths: - Section 18.810.040(6)(2) states that when block lengths greater than 600 feet are
permitted, pedestrian/bikeways shall a provided through the block.
The block lengths created within the subdivision do not exceed 600 feet.
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.
The minimum lot size of the R-7 zoning district is 5,000 square feet. Lots 60, 113 and the combined
lot 91 and 102 are greater than 1.5 times the minimum lot size. None of these lots have a lot depth
greater than 2.5 times the average lot width.
Lot Frontage: Section 18.810.060(6) requires that lots have at least 25 feet of frontage on public
or private streets, other than an alley.
As shown on the Preliminary Site Plan, all proposed lots have at least 25 feet of frontage with the
exception of lot 11. This lot is a flag lot which is not permitted in a Subdivision unless it has 25 feet of
frontage. The applicant must revise the plat so that this lot has 25 feet of frontage, thus meeting this
standard.
Sidewalks: Section 18.810.070 requires sidewalks adjoining all residential streets.
The applicant is proposing to construct 5-foot-wide sidewalks to City standards on all public streets.
Therefore, this criterion is met.
Sanitary Sewers: Section 18.810.090 requires sanitary sewer service.
The Engineering Division has reviewed the applicants materials, including the Preliminary Utilities
Plan. Sanitary sewer is discussed later in this decision under PUBLIC FACILITY CONCERNS.
Based on the analysis therein, the sanitary sewer service will be provided as required and this
criterion is either satisfied outright or will be met upon compliance with the applicable conditions of
approval.
Storm Drainage: Section 18.810.100 requires adequate provisions for storm water runoff and
dedication of easements for storm drainage facilities.
Storm drainage is discussed later in this decision under PUBLIC FACILITY CONCERNS. Based on
the analysis therein, storm water drainage provisions will be provided as required and that this
criterion is either satisfied outright or will be met upon compliance with the applicable conditions of
approval.
FINDING: Based on the analysis above, the applicant has not met all of the Street and Utility
Improvement Standards. Staff finds it feasible for the standards to be met if the
applicant complies with the conditions specified below.
CONDITION: Revise the plat so that lot 11 has at least 25 feet of frontage.
NOTICE OF DECISION PAGE 19 OF 26
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PUBLIC FACILITY CONCERNS:
The City Engineering Division has reviewed this proposal and has offered the following
comments:
Streets:
TDC 18.810.030.A.1 states that.streets within a development and streets adjacent shall be improved
in accordance with the TDC standards.
TDC 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.
This site lies adjacent to SW Bull Mountain Road, a major collector, and at the west end of SW
Dekalb Street, a local residential street.
Traffic Study Findings
A traffic impact study, dated April 23, 1999, was prepared by Kittelson & Associates. A follow-up
letter, dated June 23, 1999, was also submitted by Kittelson. The impact study studied four key
intersections in the vicinity:
• SW Bull Mountain Road/SW 150th Avenue
• SW Bull Mountain Road/SW Roshak Road
• SW Bull Mountain Road/SW 161St Avenue
• SW Bull Mountain Road/SW Beef Bend Road.
All study intersections currently operate at acceptable levels of service (LOS) under 1999 existing
conditions with the exception ofSW Bull Mountain Road/SW Beef Bend Road, which currently operates
at LOS "F" during both the AM and PM weekday peak periods. This intersection is currently being
redesigned to. improve the existing capacity and safety deficiencies. The County is planning to
construct the improvements at this intersection in 2000 as part of the Beef Bend/Elsner/S cholls-
Sherwood (BESS) improvement project.
The proposed subdivision will add approximately 1,150 new daily trips to the system, with approximately
90 trips occurring during the AM peak hour and approximately 120 trips occurring during the PM peak
hour. Under Year 2000 background and total traffic conditions, which include projected trips from this
development, all study intersections will operate at acceptable levels of service. This assumes the Bull
Mountain Road/Beef Bend Road intersection improvements have been completed.
Kittelson reviewed left turn lane warrants at the proposed i5tersection of "Street A" at Bull Mountain
Road (current intersection of Bull Mountain Road and 161 Avenue). Warrants for a left turn lane
were not met and therefore can not be required.
Safety Concerns
The traffic study reviewed traffic accident data collected by Washington County and the County's
Safety Priority Index System ("SPIS°), which flags any intersections that are prone to traffic accidents.
The only intersection in this area that is listed on the "SPIS" is the intersection of Bull Mountain
Road/Beef Bend Road. As was mentioned above, the County is currently redesigning this
intersection to address the problems there. Under the County's program, if a development increases
the approach volume to a "SPIS" intersection by 10% or more, the developer may incur the cost of
correcting the deficiency. This project will contribute approximately 1.2% to the intersection at Bull
Mountain Road/Beef Bend Road; therefore, the applicant will not be required to contribute funds to
this intersection.
Bull Mountain Road "S" Curves at Roshak Road
Although this intersection is not listed on the "SPIS", there have been concerns raised by citizens
adjacent to this development that the intersection is unsafe. Staff would concur that this intersection
is problematic, in that the travel lanes are narrow and the curves are substandard. However, the
accident data available indicate that very few accidents occur at this location. Only one reported
accident occurred between 1995 and 1997. No accident data was available for 1998. It is quite
possible that the reason the accident rate is low is because motorists are forced to slow down and
take extra care when proceeding through the intersection. The current level of service at this
intersection is "B". The City plans to focus attention on this intersection in the next few years to try to
develop reasonable solutions for improvement.
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Local Street Volumes
Another concern raised by neighbors of this proposed development is with regard to local street
volumes and the impact projected from this development. Specifically, the residents who use SW
Dekalb Street are concerned about this street potentially carrying more traffic than a local residential
street should carry. In Kittelson's follow-up letter, dated June 23, 1999, they reported that the street.
currently carries approximately 115 vehicles per day. between SW Rask Terrace and SW Dozier Way.
This volume was obtained from a 24-hour tube count conducted on Thursday, June 10, 1999.
Kittelson's letter indicates that the housing units in this development that could use the Dekalb Street-
to-Rask Terrace-to-Bull Mountain Road route would be the units that front SW Dekalb Street and
those that lie south of Dekalb Street. The total number of lots, therefore, that could use this route is
53. The traffic study indicates that approximately 90% of the traffic from this subdivision will travel to
and from the east along SW Bull Mountain Road. Thus, 48 lots (53 X 90%) could potentially use the
Dekalb Street route. Although the direct route along "Street A" to Bull Mountain Road is likely to be
the predominant choice for motorists, Kittelson assumed a 50/50 split to be conservative. If 50% of
the 48 lots use the Dekalb Street route, then this would result in an increase in traffic of approximately
230 daily trips. Combined with the existing 115 daily trips measured in the field, the total volumes
could be approximately 345 dail trips, which is well under the City's upper limit of 1,500 daily trips on
a local residential street. Even W 100% of the 48 vehicles use the Dekalb Street route, the increase in
traffic would only be approximately 480 trips, bringing the total volume to 595 daily trips, which is still
well under the upper limit. This would be an obvious Impact to the neighbors along SW Dekalb-Street
who have been used to the lower traffic volumes, but would still.fall within acceptable limits per City
standards.
SW Bull Mountain Road
This roadway is classified as a major collector street and requires a right-of-way (ROW) width of 33
feet from the centerline. At present, there is approximately 30 feet of ROW from centerline, according
to the most recent tax assessor's map. The applicant's plan indicates that they will dedicate the
additional ROW to meet standard.
SW Bull Mountain Road is currently paved, but not fully improved to meet City standards. In order to
mitigate the impact from this development, the applicant should construct a half-street improvement
along the frontage of this site. The applicant's materials indicate that they propose to construct the
half-street improvement as a part of their project.
New Interior Streets
The applicant's plan indicates that they propose to construct several new public streets within this
development. Two of the streets, Street "A" and SW Dekalb Street will be constructed within a 46-
foot ROW and with a curb-to-curb width of 32 feet. The other streets in the development are
proposed to be constructed within a 42-foot ROW and with a 28-foot curb-to-curb width. Street "A"
and SW Dekalb Street will likely experience the highest volumes of traffic, so the 32-foot pavement
width is appropriate. The development code allows for a narrower pavement width, provided the
anticipated average daily traffic (ADT) does not exceed certain thresholds. A 284oot street is
appropriate for a residential street that will not carry more than approximately 500 vehicles per day
(ADT). The streets proposed in this development with the 28-foot pavement width should experience
traffic volumes less than 500 ADT.
The proposed ROW widths of 42 feet and 46 feet are acceptable, as the street trees are allowed to
be placed within private property in accordance with TDC 18.745.040.C. Staff recommends the
applicant dedicate a wider public utility easement (PUE) to account for the street trees.
Parking must be restricted on any street narrower than 32 feet curb-to-curb. A 28-foot wide street is
restricted to parking on one side only. The applicant will be required to design the streets such that
one side is posted as "No Parking". The applicant must also bear the costs of installing these signs.
Since the street labeled as Street "A" aligns with SW 161St Avenue, the City will require that the name
"SW 161s' Avenue" be used within this development. The construction plans and final plat shall
reflect that this street will bear the name "SW 161St Avenue".
All of the streets within this development appear to meet the City's requirements for gradient. o The
maximum grade for a local residential street is 12/o, but can be increased to a maximum of 15/o for
distances of no more than 250 feet. There are portions of Streets "C", "D", "F", "G" and Dekalb Street
that exceed the 12% maximum, but do not exceed the 250-foot maximum.
NOTICE OF DECISION PAGE 21 OF 26
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The applicant's plan indicates that four of the east/west streets will be stubbed out to the west
boundary of the site for potential future extension if those parcels ever develop.
i
There is an existing 20-foot wide access easement that straddles the boundary between this site and
the properties immediately to the east. The easement is currently being used byy approximately five
property owners located south of this site. The easement provides direct access to SW Bull Mountain
Road. The applicant's proposed street plan, will include a local residential street stub to the south
boundary of the site (Street "A", or SW 1615 Avenue). Typically, a street stub is terminated with a
barricade and is not used to provide access to undeveloped parcels. However, in this case Staff
recommends access be provided to the properties to the south in order to eliminate the need for the
existing access road.
The existing access road is an unimproved, narrow dirt roadway. Neighbors to the east have
registered complaints regarding dust and speed of drivers using the roadway. Staff has visited the
site and agrees that thecurrent location and condition of the access road is unsafe. In addition, the
intersection of SW 161st Avenue/SW Bull Mountain Road is only 175 feet to the west of the access
roadway. 18.810.030.G.1 of the City's Development Code (TDC) states that staggered intersections
alongg a collector or arterial shall not be designed so that jogs of less than 300 feet are created.
18.120.030.A.130 defines a "Street" as a public or private way that is created to provide ingress or
egress for persons to three or more lots, parcels or tracts of land. The City would consider the
existing dirt access road as a private "street" and therefore must consider the spacing along Bull
Mountain Road unacceptable.
If the access roadway were eliminated, then the next nearest intersection to SW 161St Avenue would
be SW Rask Terrace, which is approximately 540 feet away, and would therefore meet City
standards.
In summary, the existing access roadway is not safe for the public and does not meet spacing
standards for streets along a collector roadway. Since the applicant will be extending Street "A" (SW
161 Avenue) to the south boundary of the site, Staff recommends that the public street be
terminated such that access to the properties to the south can be accommodatedThe applicant
shall work with the property owner directly seuth of this site to construct a realignment of the access
roadway to match where Street "A" ((SW 161 S Avenue will meet the south boundary of the site. Once
the streets within this develops - n are constructed and approved by the City, the applicant shall
close off the existing access road entrances at Bull Mountain Road, SW Dekalb Street and the south
boundary, of this site. It will likely be necessary for the applicant to reroute the access roadway
through this site while the new streets are being constructed. The applicant must ensure that the
property owners to the south will have uninterrupted access to their properties at all times throughout
the construction process.
Since a standard City barricade will not be erected at the terminus of the public street, the design
engineer shall work with the Engineering. Department to produce a signage plan that will clearly
delineate where the public street ends and the private driveway begins. A temporary asphalt
driveway entrance shall be provided at the end of the stub street to help protect the end of the
pavement of the public street and to help control dirt and mud from being tracked onto the street from
the private roadway.
Water;
Public water for this area is provided by the City of Tigard. There are public waterlines in SW Bull
Mountain Road and in SW Dekalb Street that can and will be extended through this site. Final plans
for the water system shall be reviewed and approved by the City prior to construction.
Sanitary Sewer:
The sanitary sewer service in this area is provided by Unified Sewerage Agency (USA). The
applicant's plan indicates that the topography of this site falls primarily to the west. The only public
sewer available to this site is from SW Dekalb Street. However, the depth of this line is not sufficient
to serve all portions of the site. The applicant is proposing an offsite public ump station to the west.
Most of the sewer lines in this site would flow toward the pump station, anxthen a pressure line will
be extended from the pump station to the existing sewer line in SW Dekalb Street. This concept
appears to be reasonable, but the applicant will need to obtain final approvals from USA prior to
construction. In addition, the applicant will need to obtain an offsite easement for the construction of
the pump station.
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Storm Drainacte•
Because the topography of this site falls to the west, the applicant is also proposing to construct an
offsite public water quality facility next to the proposed sanitary sewer pump station. -The storm water
from this site would flow through the water quality facility then discharge to the west. USA also is
responsible for the surface water runoff management in this area and will need to give final approval
for the applicant's storm drainage system. USA may require the applicant to perform a downstream
analysis to determine if the additional runoff from this site will cause problems downstream. If there is
a potential problem downstream, USA may require the applicant to provide an on-site detention
facility.
Storm lap Qualltv
The City has agree to enforce Surface Water Management (SWM) re ulations established by the
Unified Sewerage Agency (USA) Design and Construction Standards adopted by Resolution and
Order No. 96-44) which require the construction of on-site water quality acilities. The facilities shall
be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water
runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be
submitted indicating the frequency and method to be used in keeping the facility maintained through
the year. Prior to construction, the applicant shall submit plans and calculations to USA for a wafer
quality facility that will meet the intent of the USA Design Standards. In addition, the applicant shall
submit a maintenance plan for the facility that must be reviewed and approved by USA prior to
construction.
Grading and Erosion Control:
USA Design and Construction Standards also regulates 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 USA regulations, the applicant is required to submit an erosion control plan for City
review and approval prior to issuance of City permits.
The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System
(NPDES) erosion control permit be issued for any development that will disturb five or more acres of
land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from
the City prior to construction. This permit will be Issued along with the site and/or building permit.
The applicant's design engineer will be required to prepare a final grading plan for review and approval.
The plan shall detail the provisions for surface drainage of the lots that are to be "pad" graded to insure
that the drainage is directed to the street or a public facility approved by the Engineering Department. A
soils report shall be provided detailing the soil compaction requirements consistent with the requirements
of Appendix Chapter 33 of the Uniform Building Code (UBC).
The applicant was also required to provide a geotechnical report, per Appppendix Chapter 33 of the UBC,
for the proposed grading slope construction. A report, issued by MI, dated April 12, 1999, was
submitted with the applicant's materials. GRI noted that this site should be suitable for the proposed
development, but recommended that certain measures be followed with regard to the proposed cuts and
fills. The recommendations of the report will need to be incorporated into the final rading plan and a
final construction supervision report by the geotechnical engineer must be filed wiiTh the Engineering
Department prior to issuance of building permits.
The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between
10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be
necessary in determining if special grading inspections and/or permits will be necessary when the lots
develop.
Early Grading Approval Request
The applicant has also asked that the grading plan be approved by the City at this time so that they
can perform grading operations on the site yef this summer. They state that they would like to get the
site graded, roads cored and rock base installed before the fall and winter rains set in so they can
continue with construction of the subdivision during the winter months. If the City were to approve the
applicant's request, as proposed in the narrative, it would be contrary to standard procedures, which
require the public improvement plans to be completely reviewed and approved by the City.
NOTICE OF DECISION PAGE 23 OF 26
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•
The applicant and their engineer have met with Staff to discuss this concept. Staff concurs with the '
applicant that performing grading during summer months is preferable so as to avoid major erosion
problems during the winter. However, Staff has some concerns with regard, to approving the grading
plan at this stagge of the process. First the City does not have a process in place to where such a
permit" could Be issued and inspected. The Building Division does not issue grading permits for
subdivisions and would rely upon the Engineering Department to help review the grading plan for
compliance with City standards.
In order for the Engineering Department to adequately review a subdivision grading plan, the public
improvement Tans must be reviewed thoroughly in order to determine if the proposed grading is
acceptable. The applicant has asked that the City consider the street profiles submitted in the
application as a means for approving the grading plan. Although the street profiles determine most of
the required grading, the other underground utilities also play a part. Staff is not comfortable giving an
approval of the grading plan with this land use application and would only consider such an approval
once the public improvement plans have been completed and submitted for City review. Staff has
spoken with. the design engineer on several occasions concerning this concept and has committed to
investigate the formation of a new Engineering Department policy that would potentially allow for early
grading on a subdivision. The design engineer has provided Staff with some helpful suggestions and
Staff is currently working on such a policy but has not yet completed it. Staff is contacting other
jurisdictions who have either tried this concept or are currently using it. Ultimately, the City Engineer
must approve of the policy before it is implemented.
In summary, Staff does not recommend the proposed grading plan be approved for construction at this
time. Staff is committed to investigating the formation of a policy that would allow the applicant, or any
other subdivision developer, to begin grading prior to the public improvement plans being completely
approved by.the Engineering Department.
Existing Overhead Utility Lines:
There are existing overhead utility lines along SW Bull Mountain Road. Section 18.810.120 of the
TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the
election of the developer, a fee in-lieu of.undergrounding can be paid. If the fee in-lieu is proposed, it
is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. The frontage
along this site is 635 lineal feet; therefore, the fee would be $17,463.
Address Assignments:
The City of Tigard .is responsible for assigning addresses for parcels within the City of Tigard and
within the Urban Service Boundary (USB). An addressing fee in the amount of $30 per address shall
be assessed. This fee shall be paid to the City prior to recording of the final plat. For this project, the
addressing fee will be $3,570 (119 lots X $30/address = $3,570).
FINDING: Based on the information provided from Engineering, the. applicant's plan does not fully
comply with all of the Street and Utility Improvement standards. If the applicant
complies with the Conditions specified at the beginning of this decision, then Staff can
determine that the standards have been met.
SECTION A. OTHER STAFF COMMENTS
The Tigard Police Department has 4eviewed this proposal and provided the following comments:
"concerns for "street naming" i.e. 161 s Avenue would appear to be able to continue as "Street A" in
Meyers Farm. I would defer to Kit Church to see if applicable and appropriate."
The Tigard Building Division has reviewed this proposal and has offered the following comments:
(1) Clarify design criteria in Geo-Report "foundation Support" means to required 16-foot-wide
footings? (2) Provide fire hydrants throughout so no exterior wall of any building is more than 500
feet to a fire hydrant. (3) Place fire hydrants at each entrance from Bull Mountain Road and at SW
Dekalb entrance. (4) It does not appear that lots 90-86, 99 and 98 and 37-78 have positive U..F.
drainage to the street. Provide a storm system at rear of lots. (5) provide a drainage system for
future rock walls. (6) Demolish buildings on lots 110, 111-65, 64, 61, and 60. (7) Lots 91 and 102
can not be platted as two separate lots because of the house and garage: (8) Fire hydrant must be in
service before combustible home construction materials are brought in site. (9) Easement to rip rap
outflow on Volve property.
NOTICE OF DECISION PAGE 24 OF 26
SUB 1999-00002NAR 1999-00016 - MEYERS FARM SUBDIVISION
• 0
Staff Response: These comments are for informational purposes only. Contact the Building
Division for clarification of these comments.
The City of Tigard Operations Division has reviewed the proposal and has no objections.
The City of Tigard Operations Utility Manager has reviewed the proposal and stated that, although
they have no objection, they will require a 12-inch water line to be extended from the existing 12-inch
water main is SW Dekalb Street to the west end of the project. A pressure reducing station will be
required on SW Dekalb Street between Pleasant View and the proposed subdivision. Reduced
pressure principle device (backflow prevention) shall be required at USA pump station if water is
required. Change 8"x6" tee at Bull Mountain Road and 1615 to 8" x8" cross. Developer responsible
for costs associated with possible lowering of water lines to Bull Mountain Road due to half street
improvements.
SECTION VII. AGENCY COMMENTS
Metro has had an opportunity to review the proposal and has provided the following comments:
"While the design of the local street system is generally beyond the scope of the Regional
Transportation Plan, the aggregate effect of local street design impacts the effectiveness of the
re Tonal system when local travel is restricted by a lack of connecting routes and local trips are forced
onto the regional network. If Street "F" remains as it is shown on the Site Plan, then we would
recommend that the future Street "G" permit connections to the Urban Reserve Area unless
topography, pre-existing development or environmental constraints prevent a full street extension."
The Unified Sewerage Agency of Washington County has reviewed this proposal and has offered
comments which have been incorporated into the body of this decision. Permits will be required
through USA.
Portland General Electric, US West, GTE and TCI Cable, have reviewed this application and have
offered no comments or objections.
SECTION VIII. 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
Final Decision:
EE THIS DECISION IS FINAL ON AUGUST 13, 1999 AND
EFFECTIVE ON AUGUST 28, 1999 UNLESS AN APPEAL IS FILED.
The Director's Decision is final on the date that it is mailed. Any party with standing as provided in
Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the
Tigard Community Development Code which provides that a written appeal together with the required
fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was
mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City
Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
NOTICE OF DECISION PAGE 25 OF 26
SUB 1999-00002NAR 1999-00016 - MEYERS FARM SUBDIVISION
Unless the applicant is the appellant, the hearing on an appeal from the Directors 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 b any,pa during the appeal hearing, subject to any additional rules of procedure that may
be adopted from time {o time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 3:30 PM ON AUGUST 27, 1999.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125
SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
U 14 k'
PREPARED BY: Julia Powell FKajduk
Associate Planner
-
APPROVED BY: Richard Bewersdo
Planning Manager
iAcurpln\julia\sub\Meyers Farm.doc
NOTICE OF DECISION
SUB 1999-00002/VAR 1999-00016 - MEYERS FARM SUBDIVISION
Auaust 13. 1999
DATE
August 13. 1999
DATE
PAGE 26 OF 26
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ARTICLE IV.• DEVELOPMENT STANDARDS IV-29
407 - LANDSCAPE DESIGN
turnaround areas, drainage improvements, or adjacent structures, foundations, or
landscape materials; or
B. Cast a shadow, which is greater than the shadow cast by a hypothetical wall
seven feet high located along the property line, between 10 a.m. and 2 p.m. on
December 21 st, upon an existing solar collector.
407-2.3 Landscape materials should be selected and sited to produce a hardy and drought-
resistant landscaped area. Selection should include consideration of soil type and
depth, spacing, exposure to sun and wind, slope and contours of the site, building
walls and overhangs, and compatibility with existing native vegetation preserved on
the site.
407-3 Tree Preservation and Removal
407-3.1 Applicability
Section 407-3 applies to all tree removal that is not excluded from development
permits required by Section 201-2 or is not in conjunction with another Type II or
Type I I I development action.
407-3.2 Exemptions from Tree Removal Permit Requirement
The requirements of Section 407-3 do not apply to the following:
A. Trees identified and approved for removal through a Type II or III procedure in an
approved Development Plan; or
B. Removal of trees in conjunction with the development of a "conflicting use" of a
Significant Natural Resource as specified in the applicable community plan,
which was allowed pursuant to Oar 660-23-040(5)(c) (effective September 1,
1996), through a Type IV process; or
C. Trees in a hazardous condition which presents an immediate danger to health or
property.
407-3.3 Submission Requirements
Applications for tree removal shall include the following information:
A. Written narrative containing:
(1) A description of the size, species and condition (e.g., diseased, healthy) of
each tree or group of trees, proposed for removal or replacement;
(2) An explanation of the purpose of removal;
(3) A description of any associated flood plain or drainage hazard area
alterations;
(4) Findings addressing the application requirements of Section 422; and
Date printed 11/23/01
• 0
IV-30 ARTICLE IV- DEVELOPMENT STANDARDS
407 LANDSCAPE DESIGN
(5) Findings addressing relevant design elements of the applicable community
plan.
B. A Site Plan showing:
(1) The location, size and species of trees six (6) inches or greater in diameter
at four (4) feet above grade. For forested areas that are larger than five (5)
acres, the general locations of trees may be shown with one or more
detailed one (1) acre sample areas. Sample areas must be representative
of the site.
(2) A delineation of any flood plain, drainage or wetland areas in accordance
with Sections 421 and 422.
C. An approved erosion control plan from the Unified Sewerage Agency.
407-3.4 Tagging Required:
Trees proposed for removal shall be identified for field inspection by means of
flagging, staking, paint spotting or other means readily visible but not detrimental to a
healthy tree.
If a proposed harvest area is located within twenty-five (25) feet of a rear or side
property line, not including property lines adjacent to a public or private street, the
applicant shall:
A. Mark or stake the property line(s) so that it is readily visible; and
B. Identify trees within twenty-five feet of the property line that are proposed to be
removed in the manner described above.
407-3.5 Removal Standards:
A. Compliance with Section 422 and any other applicable Code requirement; and
B. Inside the UGB, the harvesting of forest tree species for the commercial value of
the timber shall be subject to the following additional requirement:
(1) The harvesting of trees shall use a selective cutting procedure. Clear-
cutting shall not be permitted.
(2) For the purposes of Section 407-3, clear-cut means any harvest unit that
leaves fewer than fifty (50) living, healthy and upright trees per acre that are
well-distributed over the unit and that measure at least eleven (11) inches
in diameter at four (4) feet above grade. Species left should reflect the
same species proportions existing prior to harvest.
C. The Review Authority may require the applicant to identify a property line through
a boundary survey when evidence has been submitted which indicates that trees
that are proposed to be removed may be located on an adjacent property. If
required, the boundary survey shall be made and recorded in the County Survey
Division prior to the removal of any trees from the area in question.
Date printed 11/23/01
0 0
"TAB B"
Applicant's Materials & All Correspondence
Filed with Hearings Officer Prior to the Public
Hearing.
•
•
CITY OF TIOARD
Community (Development
Shaping ,4 Better Community
MEMORANDUM
CITY OF TIGARD, OREGON
13125 SW Hall Boulevard
Tigard, Oregon 97223
(503) 639-4171
Fax 684-7297
TO: Larry Epstein, City of Tigard Hearings Officer
FROM: Morgan Tracy, Associate Planner
DATE: May 20, 2004
SUBJECT: Meyers Farm II Subdivision (SUB 2003-00014) Appeal
The applicant, Tom Weber, has filed an appeal with the City of Tigard in regard to the
approval of the aforementioned subdivision. The appellant has requested your review of
the City's approval based on the imposition of several conditions of the approval as listed in
his letter of appeal received May 13, 2004. Based on the lack of information presented in
the letter, staff requested greater clarification. The appellant filed a letter to clarify the
appeal on May 26, 2004. Staffs understanding of the appeal is that it is based on the
imposition of a particular condition of approval relating to tree removal and mitigation
standards, as related to the Bull Mountain Community Plan.
The subject site is located in the Urban Services Area, south of Bull Mountain Road and
west of Meyers Farm No. 1. The Notice of Decision and record is attached for your
review.
The appellant argues that the Bull Mountain Community Plan standards are not
applicable.
Condition #4 states: "Prior to site work, the applicant shall revise their tree removal plan so
that a minimum of 50% of the mature non-hazardous trees on site are preserved." This
condition was imposed to satisfy the criteria found in the Bull Mountain Community Plan,
which states in part "Because trees are such an important natural and scenic resource on
Bull Mountain, development in areas of standing trees shall be designed to minimize the
number of trees to be cut. At the time of development, no more than 50% of the mature
standing trees (six inch diameter or greater) shall be removed from any parcel." This is
discussed in the Staff Decision on page 39, and conditioned under the Tree Removal
standards of Chapter 18.790 of the Tigard Community Development Code discussed on
page 24.
6/14/2002 Public Hearing - Memo to the Hearings Officer Page 1 of 3
RE: SUB2003-00014/Meyers Farm No. 2 Subdivision Appeal
• •
While it is the general case that the city does not address specific comprehensive plan
policies within the decision for quasi-judicial land use reviews, the analysis of the Bull
Mountain Community Plan is included for proposals that lie within the Urban Services
Area. The reasons for this are found within the County's adopting ordinance and the City's
Intergovernmental Agreement.
Washington County Ordinance No. 487, An Ordinance Adopting a New Article Vlll for the
Washington County Development Code Amending the West Tigard Community Plan and
the Bull Mountain Community Plan, was adopted in 1996 and applies to development
occurring on or after May 1, 1997 within the affected area.. Several exhibits are part of the
ordinance'. This ordinance replaces the existing Washington County Community
Development Code with the City of Tigard Community Development Plan, replaces the
maps of the West Tigard Community Plan and the Bull Mountain Community Plan with
Exhibits 1 and 3, replaces the County Comprehensive Framework Plan with the City of
Tigard Comprehensive Plan, including the background documents, provided however, the
County's Framework plan shall still apply to quasi-judicial plan amendments. (Exhibit 4,
§801-4.1). It should be noted that the Comprehensive Framework Plan is not the
equivalent of a Community Plan, but rather only one of several elements comprising the
Washington County Comprehensive Plan. The other elements of the Washington County
Comprehensive Plan include:
Community Plans and Background Documents (Bull Mountain Community Plan, e.g.)
County Resource Document
Rural/Natural Resource Plan Element
Community Development Code
Transportation Plan
Unified Capital Improvements Program
The textual provisions in the County's West Tigard Community Plan and the Bull Mountain
Community Plan continue to apply to the affected area in the same manner as before
enactment and implementation of this Ordinance. (Exhibit 4, §801-8.2.1.B.2.)
This ordinance does not amend or alter the applicability of the text of either the Bull
Mountain or the West Tigard Community Plan. It amends only the maps of these two
community plans to apply the functionally equivalent zoning districts and plan
designations. (Exhibit 4, §801-7.4).
The appellant notes that Washington County has recognized the impracticability of
developing at the prescribed densities with such a standard, and as a result the County
has rewritten their code to allow removal of all trees through an approved development
plan. In essence, the 50% limitation stated in the Bull Mountain Community Plan has no
regulatory effect.
Exhibit 1-Land Use and Zoning Map for the Affected Area
Exhibit 2-Unincorporated Tigard Area Goal 5 and Natural Area Map
Exhibit 3-map showing County District B Boundary and Areas of Special Concern
Exhibit 4-Amended Text of Article VIII
Exhibit 5-City of Tigard Community Development Code
Exhibit 6-City of Tigard Comprehensive Plan
6/14/2002 Public Hearing - Memo to the Hearings Officer Page 2 of 3
RE: SUB2003-00014/Meyers Farm No. 2 Subdivision Appeal
• •
While City staff has grappled with the apparent inconsistency between minimum density
requirements and tree preservation as required by the Bull Mountain Plan Standards, the
applicant's assertions that the City "has not taken into account the other provisions of the
Washington County Community Development Code that address tree removal"
misconstrues the applicable statutes.
The City's position is that the current standards of the County's Community Development
Code are no longer relevant as Ordinance 487 and Article VIII have replaced the text of
the County Code with the text of the City's Development Code. The City also asserts that
the textual requirements of the Bull Mountain Community Plan do still apply as Ordinance
487 and Article VIII specifically state "The textual provisions in the County's West Tigard
Community Plan and the Bull Mountain Community Plan continue to apply to the affected
area in the same manner as before enactment and implementation of this Ordinance."
The larger unresolved question is: "what was the manner in which these provisions were
applied before enactment and implementation of this ordinance?" The burden falls on the
applicant to provide evidence of the county's implementation of these provisions (through
previous Washington County land use decisions within the Bull Mountain Community Plan
Area) to settle this question. Until such evidence is provided, City staff has used a
common sense approach to conclude that a specific requirement such as "no more than
50% of the mature standing trees (six inch diameter or greater) shall be removed," should
be enacted in the manner presented in Staffs Decision of Meyer's Farm No. 2.
In summary, staff believes that the Director's Decision complies with the general approval
criteria and standards of the Tigard Development Code and implements the Bull Mountain
Community Plan in the manner the county intended, and therefore the appeal should be
denied.
ATTACHMENTS:
Attachment 1 - Notice of Decision
Attachment 2 - Appeal Filing Form & 5/26/04 Letter from Lamoine Eiler
Attachment 3 - Bull Mountain Community Plan
Attachment 4 - Ordinance 487 (with 4 exhibits)
Attachment 5 - Urban Services Intergovernmental Agreement
Attachment 6 - Applicant's Application Submittal Items
6/14/2002 Public Hearing - Memo to the Hearings Officer Page 3 of 3
RE: SUB2003-00014/Meyers Farm No. 2 Subdivision Appeal
0 •
ATTACHMENT I
120 DAYS = 7/23/2004
SECTION I.
APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME:
MEYERS FARM NO. 2 SUBDIVISION
CASE NOS.:
Subdivision (SUB) SUB2003-00014
Adjustment (VAR) VAR2003-00086
Adjustment (VAR) VAR2003-00087
Adjustment (VAR) VAR2003 00088
Adjustment (VAR) VAR2004-00025
REQUEST:
A request for subdivision approval to create 44, single-family lots ranging in size
between 4
294 and 7
744 s
uare feet on an a
roximatel
8
16 acre site
Th
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.
.
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following adjustments have been requested:
Exceed the 15% maximum street grade on a public street (SW Dekalb: 16% to
20%);
Exceed 12% grade for longer than 250 feet (SW Cooper: 275');
Reduce Right-of-way width SW 163ra Avenue: from 54 to 46 fet); and Eliminate sidewalk planter srips (SW Pollard, SW Cooper, SW Bray, SW 163rd,
and a portion of SW Dekalb.).
APPLICANT: George J. Marshall OWNER: Same
P.O. Box 91249
Portland, OR 97291
COMPREHENSIVE
PLAN
DESIGNATION: R-7; Single-Family, Medium-Density Residential.
ZONE: R-7 Medium Densit Residential. The R-7 zoning district is designed to
accommodate attached single- ami y homes, detached sin le-family homes with or
without accessory residential units, at a minimum lot size o 5,000s
h quare feet, and
duplexes, at a minimum lot size of 10,000 square feet. Mobile ome parks and
subdivisions are also permitted outright. Some civic and institutional uses are
also permittea conditionally.
LOCATION: WCTM 2S108BC, Tax Lot 11900 (South of Bull Mountain Road, west of Meyers
Farm No. 1).
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 (Densit
Computation); 18.745 (Landscaping and Screening); 18.765 (Off-Street Parking;
18.790 (Tree Removal); 18.795 (Visual Clearance Areas); 18.780 (Signs), and
18.810 (Street and Utility Improvement Standards); and the Bull Mountain
Community Plan.
NOTICE OF DECISION PAGE 1 OF 42
SUB2003-00014 - MEYERS FARM NO.2 SUBDIVISION
SECTION 11. DECISION
Notice is here, y , given ghat the City of .Tigard Community Develo rgent rDirector's ,deal nee has.,
P r 9
APPROVED th`~ above.request subject to certain condi#ion's of approval Thetfndings and conclusions<;
on which :the tlec151on is based' are noted m Section UI of this Recis own
CONDITIONS OF APPROVAL
FILL ACTIVITIES t'
u- mit to the Planning Department organ racy, 639-4171, ext. or review an
approval:
1. Prior to site work, submit a revised street utility plan that shows the location, species, and size
(minimum 2-inch caliper) of required street trees along the public and private streets per the
City's spacing standards of Section 18.745.040(C). Selection of the tree species will be in
accordance with the City Street Tree list and the City Forester's recommendations.
2. Prior to site work, submit an erosion control plan that identifies areas for re-vegetation, topsoil
storage areas, methods of replanting and topsoil restoration in accordance with Section
18.745.060.
3. Prior to site work, the applicant shall provide the City will evidence of all necessary approvals
from Division of State Lands, Army Corps of Engineers, and Clean Water Services.
4. Prior to site work, the applicant shall revise their tree removal plan so that a minimum of 50%
of the mature non-hazardous trees on site are preserved.
5. Prior to site work, the applicant shall submit a final Tree Protection Plan that follows the
recommendations of the City Forester, as outlined under the discussion of 18.790, Tree
Removal, in this decision.
6. Prior to site work, the applicant shall submit construction documents that show access to
Parcel 2 occurring solely from Tract J.
7. Prior to site work, the applicant shall ensure that a temporary turnaround for Tract K (SW Bray
Lane) is provided in either a tract within the subdivision boundaries (possibly rendering a lot
unbuildable until it is replatted to eliminate this tract once no longer needed) or in a temporary
easement on adjoining property with the adjoining owner's consent. Compliance with grade
standards will be assured during the construction document review phase.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
8. Prior to site work, a Public Facility Improvement (PFI) permit is required for this project to cover
the subdivision improvements and any other work in the public right-of-way. Eight (8) sets of
detailed public improvement plans shall be submitted for review to the Engineering Department.
NOTE: these plans are in addition to any drawings required by the Building Division and should
only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit
plans shall conform to City of Tigard Public Improvement Design Standards, which are available
at City Hall and the City's web page (www.ci.tigard.or.us)-
9. Prior to site work, the PFI permit plan submittal shall include the exact legal name, address and
telephone number of the individual or corporate entity who will be-Uesir ed 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.
NOTICE OF DECISION PAGE 2 OF 42
SUB2003-00014 - MEYERS FARM SUBDIVISION
• •
10. Prior to site work, the applicant shall provide a construction vehicle access and parking plan for
approval by the City Engineer. The purpose of this plan is for parking and traffic control during
the public improvement construction phase. All construction vehicle parking shall be provided on-
site. No construction vehicles or equipment will be permitted to park on the adjoining residential
public streets. Construction vehicles include the vehicles of any contractor or subcontractor
involved in the construction of site improvements or buildings proposed by this application, and
shall include the vehicles of all suppliers and employees associated with the project.
The construction vehicle access plan shall indicate that all construction vehicles shall enter and
exit the site on 16TO Avenue. The plan shall also indicate that construction vehicles will not be
allowed to access the project site from the local streets within Meyers Farm (Phase 1). The
existing barricades at the west end of these local streets will remain in place until substantial
completion of the PFI work. At that time the barricades may be removed, but construction
vehicles will still be prohibited from using the local streets. The barricades will be put back in
place if the contractors violate this requirement. The barricades will then remain in place until the
final lift of asphalt paving has been placed and the one year maintenance period has ended. The
barricades will then be removed permanently.
11. Prior to site work, any necessary off-site utility easements. shall be the responsibility of the
applicant to obtain and shall be submitted to and accepted by the City.
12. Prior to site work, 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 Bull Mountain Road. The improvements adjacent
to this site shall include:
A. City standard pavement section for a collector street from curb to centerline equal to 23
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. 6 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;
1. underground utilities;
J. street signs (if ap licable);
K. driveway apron (I applicable); and
L. adjustments in vertical and/or horizontal alignment to construct SW Bull Mountain Road in
a safe manner, as approved by the Engineering Department.
13. Prior to site work, the applicant's Public Facility Improvement permit construction drawings shall
indicate that full width street improvements, including traffic control devices, mailbox clusters,
concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm
drainage, street trees, streetlights, and underground utilities shall be installed within the interior
subdivision streets. Improvements shall be designed and constructed to local street standards.
14. Prior to site work, the construction drawings shall indicate curbside sidewalks on Dekalb Street
Bray Lane, Cooper Lane and Pollard Lane from the east property line to the east side of 163ro
Avenue.
15. Prior to site work, the construction drawings shall indicate sidewalks with planter strips on Dekalb
Street, west of 16P Avenue.
16. Prior to site work, the construction drawings shall indicate that both private streets (Tracts J & K)
will have a 5 foot sidewalk along one side.
NOTICE OF DECISION PAGE 3 OF 42
SUB2003-00014 - MEYERS FARM SUBDIVISION
17. Prior to site work, the construction drawings shall indicate curbside sidewalks on 163d Avenue,
from Bull Mountain Road to the north side of Brayane. The drawings shall also indicate that
there will be siewalks with planter strips along 163'u Avenue, south of Bray Lane to the southern
terminus of 163u Avenue.
18. Prior to site work, a profile of all interior public streets and Bull Mountain Road shall be required,
extending 300 feet either side of the subject site showing the existing grade and proposed future
grade.
19. Prior to site work, the applicant's construction drawings shall show that the pavement and rock
section for the proposed private street(s) shall meet the City's public street standard for a local
residential street.
20. Prior to site work, the construction plans shall show that any segments of public sanitary or storm
sewer lines to be located in non-paved areas will be constructed of PVC C-900 or ductile iron
pipe materials.
21. Prior to site work, the applicant must obtain approval from CWS for the proposed public sanitary
and storm sewer plan for the project.
22. Prior to site work, anyy 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.
23. Prior to site work, the applicant's construction plans shall show that they will upsize the proposed
public water line in 163 Avenue to a 16-inch line.
24. Prior to site work, the plans for the public water quality facility shall be reviewed and approved by
the City and CWS prior to construction.
25. Prior to site work, 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."
26. Prior to site work, a final gradin plan shall be submitted showing the existing and proposed
contours. The plan shall detail he provisions fo'r surface drainage of all lots, and show that
they will be graded to insure that surface drainage is directed to the street or a public storm
drainage system approved by the Engineering Department. For situations where the back
portions of lots drain away from a street and toward adjacent lots, appropriate private storm
drainage lines shall be provided to sufficiently contain and convey runoff from each lot.
The design engineer shall indicate, on the grading plan, which lots will have natural slopes
between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This
~D_ :r _1 ..a. ..A1- M 711 hr.
Infofmation will e- ne(;eSSafy If I uelel l►lil Ili Ig n Speiadl YI dUII Ig II ISpe~uoi Is aIw/ul peg i.nw Will va
necessary when the lots develop.
27. Prior to site work, the applicant shall obtain a 1200-C General Permit issued by the City of Tigard
pursuant to ORS 468.740 and the Federal Clean Water Act.
TH`F>OLLOWING CONpI,TIONS SHALLtiBE!SAISFIEDI r
:.e PRl YO APPROVAL OF THE .ANA ,PLAT:. , x` l r
.tw. S . c.
r c Q, t.v
Submit to t ~ e Planning Department organ racy, 639-41 11 , ext. or review an
approval:
28. Prior to final plat approval, the applicant shall sign a consent to annex when the City boundary
borders the subject properties as well as a waiver of time period. This shall additionally be
incorporated by reference into the deeds of all lots within the subdivision.
NOTICE OF DECISION PAGE 4 OF 42
SUB2003-00014 - MEYERS FARM SUBDIVISION
• o •
29. Prior to final plat approval, public improvements shall be substantially complete as further
conditioned in this decision.
30. Prior to final plat approval, the applicant shall include all required changes on the plat and confirm
that the average of all lots sizes is equal to or greater than 5,000 square feet. If unable to meet
this standard, the applicant shall reduce the number of lots accordingly.
31. Prior to final plat approval, the applicant shall revise the right-of-way for SW 163rd, south of Bray
Lane to accommodate 5 foot wide planter strips between the sidewalk and the street. This
additional right-of-way shall be deducted from the net buildable area, and excluded from lot
area.
32. Prior to final plat approval, the applicant shall either reconfigure Lot #139 so that it meets the
definition of flag lots in which case the requirements for flag lots shall apply to this lot, OR
make no change to the lot with the understanding that the front yard is determined to be the
west property line.
33. Prior to final plat approval, tracts A-H, I, and L shall be consolidated into a single tract pursuant
to Clean Water Services R&O 04-11 and R&O 00-07 which require wetlands and their buffers
to be placed in a single tract.
34. Prior to final plat approval, the applicant shall submit a tree mitigation plan and/or program for
the trees that will require removal for the improvements and to site the future houses. If
proposing to replant, the applicant shall submit a bond for the value of the trees assessed at
$125 per caliper inch. The bond shall be returned to the applicant upon completion of the
replanting. If the replanting has not been completed by the final inspection on the last lot, the
City may collect the bond. If paying the fee in-lieu, such payment shall occur prior to final plat
approval.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
35. Prior to final plat approval, the applicant shall pay an addressing fee in the amount of $2,200.00.
(STAFF CONTACT: Shirley Treat, Engineering).
36. Prior to final plat approval, additional right-of-way shall be dedicated to the Public along the
frontage of Bull Mountain Road to increase the right-of-way to 35 feet from the centerline. The
description shall be tied to the existing right-of-way centerline. The dedication shall be on the
final plat.
37. Prior to final plat approval, the final plat shall show the ROW width for 163rd Avenue to be 46 feet
for the portion between Bull Mountain Road and Bray Lane. The final plat shall show the ROW
width fnr 163' Avenue to be 54 feet for the portion between Bray Lane and the southern terminus
of 163r Avenue. Street tree easements will be required for all rights of way where planter strips
are not provided.
38. Prior to final plat approval, the plat shall contain a restriction against direct vehicular access onto
Bull Mountain Road from the subdivision lots.
39. Prior to final plat approval, the plat shall show that Lots 149 and 154 are not permitted to access
SW Bray Lane.
40. Prior to final plat approval, the plat shall contain a restriction against access from Lot 120 directly
onto 163' Avenue.
41. Prior to final plat approval, the plat shall contain a restriction against an access from Lot 121
directly onto 163rd Avenue within 150 feet from the new south ROW line of Bull Mountain Road.
42. Prior to final plat approval, the applicant shall cause a statement to be placed on the final plat to
indicate that the proposed private street(s) will be jointly owned and maintained by the private
property owners who abut and take access from it (them).
NOTICE OF DECISION PAGE 5 OF 42
SUB2003-00014 - MEYERS FARM SUBDIVISION
43. Prior to final plat approval, 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.
44. Prior to final plat approval, the applicant shall demonstrate that they have formed and
incorporated a homeowner's association.
45. , Prior to final plat approval, the a plicant shall pay $1,107.00 to the City for the striping of the bike
lane along the frontage of Bull Mountain Road.
46. Prior to final plat approval, the applicant shall provide a maintenance access road to the water
quality facili and any drainage structures within the facility to accommodate City maintenance
vehicles. We access road shall be paved and have a structural section capable of
accommodating a 50,000 pound vehicle. The paved width shall be a minimum of 10 feet wide,
and there shall be two-foot rock shoulders provided on each side. If the maintenance roadway is
over 150 feet in length, a turnaround shall be provided.
47. Prior to final plat approval, the applicant shall either place the existing overhead utility lines along
SW Bull Mountain Road underground as a part of this project, or they shall pay the fee in-lieu of
undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility
lines and will be $35.00 per lineal foot. If the fee option is accepted by the City Engineer, the
amount will be $12,344.50 and it shall be paid prior to final plat approval.
48. Prior to final plat approval, 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.
49. Prior to final plat approval, the applicant shall submit a final plat for review in accordance with the
following 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/Enineering 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 92.0a, Washington County, and by the C~ity~of Tigard^
V. I (le nyrll-01-way UUUIGaIIUII IUI DU11 IVWUlllalll RUau allU all IIIICIIVr JIICCIa slid ll UC IIraUC
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 three mylar copies 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 SATfSFIED rf w ;
' y. PRIOR T0ISSUANCE OF BUILDING PERMItTS
u mit tote tinning apartment organ racy, 639-4171, ext. or review an
approval:
50. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign
NOTICE OF DECISION PAGE 6 OF 42
SUB2003-00014 - MEYERS FARM SUBDIVISION
0 0
compliance agreement.
51. Prior to issuance of building permits the Project Arborist shall submit to the City Forester a final
report describing how the Tree Protection Flan was implemented and detailing any failures to
comply with the Tree Protection Plan. The report shall also describe the health of all remaining
trees on the site, with details provided as to any tree that has had its root system disturbed or
that has otherwise been damaged.
52. Prior to the issuance of building permits, the applicant's engineer shall provide
post-construction sight distance certification for the intersections of SW 163rd Avenue at Bull
Mountain Road and at proposed Street "G".
53. Prior to the issuance of building permits, if lot #139 is reconfigured as a flag lot, the applicant's
plans shall reflect that the maximum height for the residential structure is 1-1/2 stories or 25
feet, whichever is less, except that the maximum height may be 2-1/2 stories or 35 feet,
whichever is less, provided:
A. The proposed dwelling otherwise complies with the applicable dimensional
requirements of the zoning district;
B. A 10-foot setback will be preserved along the side yard abutting the periphery of the
subdivision;
C. A residential structure on any abutting lot outside the subdivision either is located 50
feet or more from the nearest point of the subject dwelling, or the residential structure
exceeds 1-1/2 stories or 25 feet in height on any abutting lot; and
D. Windows 15 feet or more above grade shall not face dwelling unit windows or patios on
any abutting lot outside the subdivision unless the proposal includes an agreement to
plant trees capable of mitigating direct views, or that such trees exist and will be
preserved.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
54. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
55. Prior to the issuance of building permits, 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.
56. Prior to issuance of building permits, the City Engineer shall deem the public improvements
substantially complete. Substantial completion shall be when: 1) all utilities are installed and
inspected for compliance, including franchise utilities, 2) all local residential streets have at least
one lift of asphalt, 3) any off-site street and/or utility improvements are substantially completed,
and 4) all street lights are installed and ready to be energized. (NOTE: the City apart from this
condition and in accordance with the City's model home policy may issue model home permits).
57. 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 N AD 83 (91).
NOTICE OF DECISION PAGE 7 OF 42
SUB2003-00014 - MEYERS FARM SUBDIVISION
18.430.080 Im rovement Agreement:
e ore I y approval is ce Ile 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 require y ection 18.430.080, the subdivider shall file with the agreement an assurance of
performance supported by one of the following:
1. An irrevocable letter of credit executed by a financial institution 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 Filin and Recordin :
Within 60 days o the City review and approval, the applicant shall submit the final plat to the County for
signatures of County officials as required by ORS Chapter 92.
Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded
final plat.
18.430.070 Final Plat Application Submission Requirements:
Three copies o the subdivision plat prepare by a an 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 regon 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 con orming to City standards will be required around all centerline intersection points,
cul-de-sac center points, and curve points.
NOTICE OF DECISION PAGE 8 OF 42
SUB2003-00014 - MEYERS FARM SUBDIVISION
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 inc uding, 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
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 an 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
or shall not begin until the City as 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
e an dividers engineer s a 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
r FROM THE EFFECTIVE DATE OF THIS DECISION, ;
~SECTION III. BACKGROUND INFORMATION
Site Histo :
TF-esubject site is approximately 8.16 acres in size and is comprised of a single parcel. A search of
City records finds that a lot line adjustment was approved in June 25, 2003. This lot line adjustment
created the 8.16 acre narcel with a 2 acre narrel tn the snuth_ The smaller narr.Pl is arrPCCPri by nn
access easement in t e alignment of the proposed road and will be vaca ed upon creation o the
public street. The parcel is outside the current city limits but is within the Urban Services Area, and is
therefore under the City of Tigard's planning review.
Site Information and Proposal Description:
request or su ivision approval to create 44, detached single-family lots ranging in size between
4,294 and 7,744 square feet on an approximately 8.16 acre site. Four adjustments have been
requested primarily to address street improvement standards. One proposed street will have street
grades in excess of 15%, three streets are proposed with curb tight sidewalks, and one street will have
a narrow right-of-war width. A fourth adjustment is required for the continuation of SW Cooper Lane
which exceeds a 12 /o grade (but is less than 15%) for longer than 250 feet. While there is a wetland
on the site that will be protected by buffer requirements, this wetland is not designated in the City's
comprehensive plan and is therefore not subJ'ect to a Sensitive Lands review by the City. Approvals
from Division of State Lands, Army Corps of Engineers and Clean Water Services will be required for
any wetland impacts. No other sensitive lands are present on the site.
NOTICE OF DECISION PAGE 9 OF 42
SUB2003-00014 - MEYERS FARM SUBDIVISION
0 9.
Vicinity nformation:
Tfi-e proposed development lies within unincorporated Washington County south of SW Bull Mountain
Road and west of the current Meyers Farm No. 1 Subdivision. The site is accessed from Bull Mountain
Road, as well as SW Pollard, SW Cooper, SW Debray, and SW Dekalb which are within Meyers Farm
No. 1. To the west is the "Volpe" property which is anticipated to be developed at a later date as
Meyers Farm No. 3, although no application has been received for such development. To the south is
a 2 acre parcel and the urban growth boundary (UGB). The entire vicinity within the UGB is zoned
R-7.
SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET
The City mailed notice to property owners within 500 feet of the subject site. Letters were received
from Tom Ferguson, Holly Shumway, Susan Morrelli, Ernest F. Plechaty, Alma Draper, and Charlie
and Larie Stalzer. These letters raise the following issues generally:
The proposed variances to the street improvement standards create safety and aesthetic impacts.
Mr. Ferguson and Ms. Shumway are concerned that the steep grades in combination with narrow
streets will encourage faster driving with fewer margins for error. They also note that the curb tight
sidewalks deprive the area of beauty in favor of more houses, and offend the purpose of the Bull
Mountain Community Plan.
RESPONSE:
The steep grades are necessary to continue to the existing street layout pattern established by
Meyers Farm No.1. The alternative would be a massive amount of fill with resulting large retaining
walls on the down hill side of the property. The concept of utilizing fill to reduce street grades is
further hampered b the existing wetland on the site. The reduced right-of-way width is the result of
using curb tight sidewalks, and placing street trees in easements behind the sidewalks, the actual
street pavement width will not be affected by the proposed adjustment.
The curb tight sidewalks have been proposed to reduce the amount of right-of-way width in the area
around the wetland, to give greater depth to the lots and allow the buildings to be placed further away
from the resource. Curb tight sidewalks are also proposed along the road extensions from Meyers
Farm No. 1 where curb tight sidewalks already exist (due to the previous code requirement for curb
tight sidewalks.) These sidewalks transition into the current standard with planter strips in the
remainder of the subdivision or will be required to do so.
Construction Traffic
The our identical letters from Ms. Morrelli, Mr. Plechaty, Ms. Draper, and Mr. and Mrs. Stalzer
primarily concern the construction traffic during development of the subdivision. They indicate their
preference that construction traffic use SW 1615 via Bull Mountain directly, and furthermore that
traffic approach the site from SW Roy Rogers Road (to the west) versus coming east from Bull
Mountain Road.
RESPONSE:
Construction traffic will be using Bull Mountain Road, which is a collector, and can approach the site
from either direction. Although the City cannot dictate the route used by the contractors, staff
suggests they consider using a route from west of the property when practicable. This suggestion is
based on the safety concerns of that portion of Bull Mountain Road near Roshak Road.
Construction traffic accessing the project site must use the proposed 163rd Avenue ROW.
Construction traffic will not be allowed to use the local streets located in the Meyers Farm
development.
There are existing barricades at the west end of the stub streets in the Meyers Farm subdivision.
These barricades will remain in place until the public improvements for (Meyers Farm No.2 are
substantially complete. Upon substantial completion tDe barricades will be removed. Contractors
will still be required to access this project from SW 163 Avenue only.. If there is a problem with the
contractors using these local streets, the barricades will be put back up at the determination of the
NOTICE OF DECISION PAGE 10 OF 42
SUB2003-00014 - MEYERS FARM SUBDIVISION
9 0
City Engineer. The barricades will then remain in place until after the second lift of asphalt paving
has been placed and the 1-year maintenance period for the public streets has ended. The barricades
will then be removed permanently, without further notice or land use action.
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
'Variances an Adjustment
s
18.510 Residential Zoning Districts
18.705 Access, Egress and Circulation)
18.715 (Density)
18.730 Exceptions to Development Standards)
18.745 Landscaping and Screening)
18.765 Off-street Parking and Loading Requirements)
18.790 Tree Removal)
18.795 Vision Clearance)
C. Street and Utility Im rovement
18.810 (Street an Utility Improvement Standards)
D. Decision Makin Procedures
18.390 mpac Study)
E. Bull Mountain Community Plan
The proposal contains no elements related to the provisions of these Specific Development Standard
Code Chapters: 18.710 (Accessory Residential Units), 18.740 (Historic Overlay), 18.742 (Home
Occupations), 18.750 (Manufactured/Mobil Home Regulations, 18.755 (Mixed Solid Waste &
Recyclable Storage) 18.760 (Nonconforming Situations), 18.785 (Temporary Uses), and 18.798
(Wireless Communication Facilities). These chapters are, therefore, found to be inapplicable as
approval standards.
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
A - SUBDIVISION GENERAL PROVISIONS:
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.
1. The preliminary plat shall be approved by the Approval Authority before the final plat
can be submitted for approval consideration; and
2. 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.
NOTICE OF DECISION PAGE 11 OF 42
SUB2003-00014 - MEYERS FARM SUBDIVISION
0 9
None of the lots exceed 10,000 square feet, the minimum required to partition a parcel in the R-7
zone. This standard is not applicable.
Lot Size Averaging:
Section 18.430.020.13 states lot size may be averaged to allow lots less than the minimum lot
size allowed in the underlying zoning district as long as the average lot area for all lots is not
less than allowed by the underlying zoning district. No lot created under this provision shall
be less than 80% of the minimum lot size allowed in the underlying zoning district.
The lots range in size between 4,294 and 7,744 square feet. The minimum size allowed per this
provision is 4,000 square feet. The average for the entire subdivision is 5,151 square feet. This
standard is met. Changes to the plat that are required as part of this decision will need to ensure that
this average lot size standard is maintained.
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 sales office; however, if one is later requested, it will be reviewed
through a separate temporary use permit process.
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.
Floodplain 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 o en 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 1007year floodplain. 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.
Need for adequate drainage. All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood damage; and
M--:..--- .Disc ...sed ..i... .-1 etai1 . der ♦he Greet 4 I "ity Improvement sedion and
uldlildyt: Ij UIhUJJGU 111 gredLU UL II UIIU LI I QL L a11U VUIILY 1111PIVVG IIL JCVUVII 011U
addresses issues related to storm water facilities.
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 base flood elevation is approximately 105 feet above sea level, measured at the nearest flood
prone area (Tualatin River) roughly a mile away. The low point of the project site is approximately
350 feet above sea level.
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 greater than two
NOTICE OF DECISION PAGE 12 OF 42
SUB2003-00014 - MEYERS FARM SUBDIVISION
0 0
years without re-applying for a preliminary plat. The criteria for approving a phased site
development review proposal are:
a. The public facilities shall be scheduled to be constructed in conjunction with or prior to
each phase to ensure provision of public facilities prior to building occupancy;
b. The development and occupancy of any phase shall not be dependent on the use 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 phasing construction of this subdivision.
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 zoning ordinance and other applicable ordinance and regulations will be assured
through review and imposition of conditions of approval as necessary, as outlined in this decision.
The City of Tigard signed an Intergovernmental Agreement (IGA) with Washington County when it
agreed to take over planning jurisdiction in the urban services area. The urban services area is the area
outside of the current Tigard city limits, but within Tigard's Urban Growth Boundary. It is the area in
which Tigard is anticipated to grow. Fundamental to the agreement between Tigard and Washington
County is the understanding that areas in the urban services area will, over time, be incorporated into
the City of Tigard as they are more intensively developed and as they require urban services. The
proposed development will greatly intensify the need for urban services in this area. Consequently, the
development site should be annexed into the City. To satisfy this concern, the following condition shall
apply:
CONDITION: Prior to final plat approval, the applicant shall sign a consent to annex along with a waiver
of time period when the City boundary borders the subject properties. This shall
additionally be incorporated by reference into the deeds of all lots within the subdivision.
The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS
Chapter 92;
No plat name reservation is required for subsequent phases of an existing subdivision, provided the
developer is the same and the sites are contiguous. That is the case here. The plat name, Meyers
Farm No.2, is not duplicative.
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 and plans provide the necessary explanation.
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 C p
The applicant has requested four adjustments, but these are related to the Streets and Utility
Improvement Standards of Chapter 18.810, not the Subdivision Standards. These adjustments will
NOTICE OF DECISION PAGE 13 OF 42
SUB2003-00014 - MEYERS FARM SUBDIVISION
be addressed under Chapter 18.370, Adjustments, in the following section.
FINDING: Based on the analysis above, the proposal meets, or will be conditioned to meet further in
this decision, the preliminary plat approval standards for subdivisions. The applicant has
proposed a phased completion for the subdivision improvements, but has not specified the
timing or order of these phases.
CONDITIONS:
Prior to final plat approval, public improvements shall be substantially complete as
further conditioned in this decision.
Prior to final plat approval, the applicant shall include all required changes on the
plat and confirm that the average of all lots sizes is equal to or greater than 5,000
square feet. If uable to meet this standard, the applicant shall reduce the number
of lots accordingly.
B- APPLICABLE TIGARD DEVELOPMENT CODE SECTIONS
Variances and Adiustments (18.370)
The applicant has requested four adjustments to various street improvement standards. All
adjustments are to criteria found in Chapter 18.810 and are therefore subject to the adjustment
review criteria of Section 18.370.020.C.11:
The Director shall approve, approve with conditions, or deny a request for an adjustment to the
street improvement requirements, based on findings that the following criterion is satisfied:
Strict application of the standards will result in an unacceptably adverse impact on existing
development, on the proposed development, or on natural features such as wetlands, steep
slopes or existing mature trees. In approving an adjustment to the standards, the Director shall
determine that the potential adverse impacts exceed the public benefits of strict application of
the standards.
The first adjustment is to allow a street (SW DeKalb) to exceed the 15% grade standard. This street
is propose to be between 16% and 20% grade. As indicated in the applicant's narrative, this is the
result of the existing topography, and the position of the road layout in Meyyes Farm No. 1. Also,
when the future street profiles were projected for Meyers Farm No. 1, SW 163r' was pro)ected to be
the secondary road (for purposes of grade alignment at the intersection). When SW 163~d became
the primary road, this forced SW Dekalb to align with the crown section on SW 163 . This shortened
the amount of distance available to make the required grade for SW Dekalb. To maintain a compliant
grade would require an extensive amount of fill to bring both SW 16Td and SW Dekalb u in
elevation. Even with this fill, the slope would simply be pushed to the west to the future Meyers Farm
No.3. At least with Meyers Farm No. 2, there are alternative access points for residents and
emergency vehicles. In Meyers Farm No. 3, the south portion of the subdivision will be accessed
solely by SW Dekalb. An excessive grade in this location could have more serious impacts where
alternate routes are not available.
The second adIbstment is to allow SW Cooper Street to exceed 12% grade for a distance greater
than 250 feet. The applicant has proposed that SW Cooper beat a grade of up to 15% for 275 feet
of distance. While this was originally anticipated during the review of Meyers Farm No. 1, since the
street segment that exceeded 12% grade was only 238 feet, no adjustment was required for that first
approval. Now, however, the street will be physically extended an additional 37 feet and will
generally follow the natural grade. This adjustment is approved based on the adverse impact to the
proposed development and the resulting improvement of the additional 37 feet of the same grade will
have no determinable effect to the public benefit from full compliance.
A third adjustment is requested to reduce the right-of-way width of SW 163rd Avenue from 54 to 46
feet. This adjustment request is the result of the wetland. delineation on site and the required buffers.
This results in a narrower buildable area. In order to provide reasonably configured lots on the west
side of 163rd, the applicant has shifted the street and tightened the right-of-way. A fourth adjustment, to
eliminate planter strips is also requested to address this constraint below. In the worst case, one lot is
72 feet deep. By extending the right of way to meet the standard, the lot depth is reduced to 64 feet.
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SUB2003-00014 - MEYERS FARM SUBDIVISION
Subtracting areas for setbacks, this leaves a 29 foot deep building pad. Staff concurs that impacts to
the wetland resource can be minimized by reducing the right-of-way width and bringing the sidewalks
curb tight. Street pavement and sidewalk widths are unaffected by this adjustment and will meet City
standards. The applicant's argument does not hold, however for the area of 163r that is beyond the
influence of the wetland resource. In other words, there is a lack of sufficient justification to reduce the
street improvement standard south of Bray Lane.
Finally, a fourth adjustment has been requested to eliminate sidewalk planter strips on SW Pollard, SW
Cooper, SW Bray, SW 163r , and a portion of SW Dekalb. Staff finds that Tigard Development Code
(TDC) Section 18.810.070 provides that for streets with predominant sections of curb tight sidewalks,
no planter strip is necessary. This is the case with SW Pollard, SW Cooper, SW Bray, and SW Dekalb
where over 80% of the existing street has curb tight sidewalks based on the city's previous standard.
Planter strips will be required on SW Dekalb, st of 163' . The applicant has additionally requested
that curb tight sidewalks be allowed for SW 163r' based on limiting the potential impacts to the wetland
resource. Staff concurs that eliminating the planter strip will lessen the width of required improvements,
and result in building envelopes being brought further away from the wetland. However, as discussed
previously, the same does not hold true for the area on SW 163' south of Bray Lane. Therefore,
planter strips will be required in this section.
FINDING: The criteria for granting the adjustments has in most part been met, with the exception of
curb tight sidewalks and reduced right-of-way width on SW 163rd south of Bray Lane.
CONDITION: Prior to approval of the final plat, the applicant shall revise the right-of-way for SW 163rd
south of Bray Lane to accommodate 5 foot wide planter strips between the sidewalk and
the street. This additional right-of-way shall be deducted from the net buildable area, and
excluded from lot area.
Residential Zoning Districts (18.510)
Lists the description 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.
Duplexes
10,000 s .ft.
Average Minimum Lot Width
Detached unit lots
50 ft.
Duplex lots
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.
Side or rear yard abutting more restrictive zoning district
30 ft.
Distance between property and front of garage
20 ft.
Maximum Height
35 ft.
Minimum Landscape Requirement
20%
The proposed lots range in size from 4,294 to 7,744 square feet. Some lots are below the minimum lot
size requirements of the code but are allowable through lot size averaging which permits lots to be 80%
of the minimum lot size (4,000 square feet) provided the average of all the lots meets 5,000 square feet.
All lots meet the minimum lot width requirements, based on the dimensions provided on the plan. The
applicant will be required to comply with the setbacks, height and lot covera/landscape requirements
during the building permit review process for the homes on individual lots. Al? i lots within this subdivision
are for single-family units. This is not a planned development, therefore, the setbacks are as prescribed
by the base zone.
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FINDING: Based on the analysis above, the residential zoning district dimensional standards are
satisfied.
Access E ress and Circulation (18.705):
M05.030 (G). describes loin 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 access is proposed with this application. All access will be direct from each lot and provided
via public or private streets. It shall be noted that to qualify as a tract for private street status, a
minimum of three lots must be served by it. There is a potential that Tract J would only serve two
lots, violating the street frontage requirements of Chapter 18.810. Moreover, direct access from a
street stub (without an appropriate termination) is not permitted, as may be the case with Parcel 2.
Therefore, a condition shall be imposed that the construction documents show access to Parcel 2
occurring solely from Tract J. This condition shall not affect future access from a subsequent street
extension.
Public street access. All vehicular access and egress as required in Sections 18.705.030H and
18.705.0301 shall connect directly with a public or private street approved by the City for public
use and shall be maintained at the required standards on a continuous basis.
All lots will directly access a public or private street. CC&R's or plat notes will specify that the private
streets be maintained at the required standards on a continuous basis.
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 the 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 constructed 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 public use pathways may be provided only if such pathways are
provided in addition to required pathways.
As this proposal is for a single-family development, this standard does not apply.
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SUB2003-00014 - MEYERS FARM SUBDIVISION
Curb cuts shall be in accordance with Section 18.810.030N.
Curb cuts will be addressed under Chapter 18.810, Street and Utility Improvements Standards later in
this decision.
Inadequate or hazardous access. Applications for building permits shall be referred to the
ommission or review w en, in a opinion of the Director, the access proposed:
Would cause or increase existing hazardous traffic conditions; or
Would provide inadequate access for emergency vehicles; or
Would in any other way cause hazardous conditions to exist which would constitute a
clear and present danger to the public health, safety, and general welfare.
The lots within this subdivision will be providing direct access to public or private streets that connect
directly to public streets. The subdivision will obtain access through existing public streets, and the
applicant will be required to improve SW Bull Mountain Road with standard 22 feet of pavement from
centerline, along with a 6 foot wide sidewalk. Streets within the subdivision will be required to meet
city design standards, except for those portions of streets where an adjustment has been granted
=mission r to previous discussion of adjustments). The Director has determined that Planning
review is not necessary for building permits. With regard to streets and street
intersections, these issues are addressed under TDC Chapter 18.810 and through the AASHTO,
Washington County and City's road design standards.
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 City Engineer. 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 proposed streets within this development are all locally classified. No lots will be permitted to
access SW Bull Mountain Road directly. It is anticipated that after development of this subdivision
and development occurs in the urban growth boundary expansion areas to the south, SW 163 will
function as a higher level of street, most likely as a neighborhood route. However, such designation
has not been placed on 163r c, and the Transportation System Plan does not identify the need for
such a route in this location at this time. There are no additional restrictions for driveway,Placement
on neighborhood routes. Therefore, no additional requirements shall be applied to SW 163` .
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.
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 meetingg
adequate stacking needs, 'sight distance and deceleration standards as set by ODOT,
Washington County, the City and AASHTO.
The proposed development plan shows primary access will be provided from SW Bull Mountain
Road. Secondary access will be obtained through SW Pollard, SW Cooper, SW Bray, and SW
Dekalb Streets. A Transportation Impact Analysis was submitted by Kittelson & Associates, Inc.,
dated November 19, 2003. The report concluded that the sight distance requirement can be met at
the intersection of 163a and Bull Mountain Road. The preliminary construction plans indicate the
visual clearance areas at each intersection can be met. The applicant's engineer shall provide post-
street construction certification that sight distance is met at all new intersections.
The applicant was also required to look at traffic impacts with regard to a left turn lane from
westbound SW Bull Mountain Road traffic. The applicant's engineer has indicated that warrants were
not met for a left-turn lane on SW Bull Mountain Road. Staff concurs with this finding.
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r •
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.
Bull Mountain Road is classified as a collector. Lots 119, 120, 121, 160, 161 and 162 are within 150
feet of the intersection of 163' /Bull Mountain Road. Lots 119 & 120 shall only have access onto
Pollard Lane. The driveway for Lot 121 must be located at least 150 feet from Bull Mountain Road
along 163 or take access from Pollard Lane. The driveways for Lots 160, 161 and 162 must be
located as far south as possible along their frontage on 163' .
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.
No driveways are proposed along Bull Mountain Road, which is classified as a collector. Lots 119
and 120 shall have driveway access onto Pollard Lane, while Lot 162 shall have access onto 163~d
Avenue.
The streets within this development are all local streets. The distances between the interior
intersecting streets exceeds the minimum 125 foot spacing requirement.
The Intersection of SW 163rd on Bull Mountaip Road is approximately 600 feet from SW 1615 to the
east and approximately 325 feet from SW 164 to the west. This criterion is met.
Minimum access requirements for residential use. Vehicular access and egress for single-
family, duplex or attached single-family we ing units on individual lots and multi-family
residential uses shall not be less than as provideYin Table 18.705.1 and Table 18.705.2;
The access and egress into the site itself is discussed later in this decision under the Street and Utility
Improvements Standards section of this decision. Access to individual lots will be reviewed for
compliance during the building permit phase.
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, paved 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%.
There are two private streets (Tract J at 120 feet and Tract K at 152 feet) that terminate at the project
NOTICE OF DECISION PAGE 18 OF 42
SUB2003-00014 - MEYERS FARM SUBDIVISION
• •
boundaries. No turnaround has been shown for Tract K although it is proposed to be extended to
serve two additional lots in a future subdivision. Nevertheless, a temporary turnaround shall be
required to be either placed in a tract within the subdivision boundaries (possibly rendering a lot
unbuildable until it is re-platted to eliminate this tract once no longer needed) or in a temporary
easement on ad)oining property with that owner's consent. Compliance with grade standards will be
assured during the construction document review phase.
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 private driveways that will exceed 200 feet in length.
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.
No driveways shall be permitted on SW Bull Mountain Road. Therefore, 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 have not
been satisfied. If the applicant complies with the conditions listed below, the standards
will be met.
CONDITIONS:
The construction documents shall show access to Parcel 2 occurring solely from
Tract J.
Prior to approval of the final plat, the applicant shall submit CC&R's detailing the
maintenance responsibilities for the private streets.
The final plat an_9 construction plans shall indicate that all driveways on the west
side of SW 163` within 150 feet of the intersection of SW Bull Mountain Road
shall be placed as close as possible to the southern property line of each
affected lot. Lots on the east side of SW 163` within this influence area shall be
accessed from SW Pollard Lane.
The final plat and construction plans shall indicate that no direct vehicular access
shall occur from SW Bull Mountain Road.
A temporary turnaround for Tract K shall be required to be either placed in a tract
within the subdivision boundaries (possibly rendering a lot unbuildable until it is
re-platted to eliminate this tract once no longer needed) or in a temporary
easement on adjoining property with that owner's consent. Compliance with
grade standards will be assured during the construction document review phase.
The applicant's engineer shall provide post-construction sight distance
certification for the intersections of SW 163rd Avenue at Bull Mountain Road and
at proposed Street "G".
Densitv Computations and Limitations (18.715):
ap er 18.715 implements the Comprehensive Plan by establishing the criteria for determining
the number of dwelling units permitted. The number of allowable dwelling units is based on the
net development area. The net area is the remaining parcel area after exclusion of sensitive
lands and land dedicated for public roads or parks. The net area is then divided by the minimum
lot size permitted by the zoning district to determine the number of dwelling units that may be
developed on a site.
Based on the formulas in Chapter 18.715 of the City of Tigard Community Development Code, the
maximum and minimum number of units permitted on the site are based on the net developable area,
NOTICE OF DECISION PAGE 19 OF 42
SUB2003-00014 -MEYERS FARM SUBDIVISION
0
subtracting sensitive land areas, land dedicated to public parks, land dedicated for public right-of-war,
and land for private streets from the total site area. Of the total site area (355,545 square feet),
85,855 square feet will be dedicated to public and private street right-of-way. In addition, 15,914
square feet is encumbered by wetland. The applicant did not include the wetland buffer area in their
determination for density calculations. This represents an additional 24,467 square feet. The
resulting net developable area is therefore, 229,309 square feet. Therefore, the maximum number of
lots permitted on this site based on 5,000 square foot lots is 45, and the minimum number of lots is
36. The applicant's proposal to build 44 lots for single-family detached homes meets the maximum
and minimum density requirements of the R-7 zone.
FINDING: The applicant's proposal for 44 lots complies with the 45 lot maximum density and the
36 lot minimum density based on the net acreage of the site.
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
oTffie Tigard Municipal Code shall apply.
Visible Emissions. Within the commercial zoning districts and the industrial park IP) zoning
district, ere 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
pea in any given zoning district which is discernible without instruments at the property
line of the use concerned.
Odors. The emissions of odorous gases or other matter in such quantities as to be readily
_W_cTable at an point beyond the property line of the use creating the odors is prohibited. DM
rules for odors (~40-028-090) 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
Tigards' Code Enforcement Officer.
FINDING: The Environmental Performance standards are met.
Exceptions to Development Standards (18.730):
ec ion 18.730.020 (C) saes a limitations or building heights and flag lots. Limitations on
the placement of residential structures on flag lots apply when any of the following exist:
A flag lot was created prior to April 15, 1985;
A flag lot is created after April 15, 1985 by an approved partition; or
A flag lot is created by the approval of a subdivision and the flag lot is located on the
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SUB2003-00014 - MEYERS FARM SUBDIVISION
• •
periphery of the subdivision so that the lot adjoins other residentially-zoned land.
While there are no flag lots in the subject application, one lot (#139) is configured so that the front and
rear yard setbacks would be on the east and west property lines, leaving a 34 foot wide building pad.
The applicant may choose to reconfigure this lot (by shortening Tract J, and extending a flag pole to
meet it) so that the lot would be considered a flag lot. Flag lots are able to determine front and rear
yards, provided a 10 foot side yard is maintained. If this is not changed prior to final plat recording,
the front yard for Lot 139 shall be the west property line.
The maximum height for an attached or detached single-family, duplex, or multiple-family
residential structure on a flag lot or a lot having sole access from an accessway, private drive
or easement is 1-112 stories or 25 feet, whichever is less, except that the maximum height may
be 2-112 stories or 35 feet, whichever is less, provided:
The proposed dwelling otherwise complies with the applicable dimensional
requirements of the zoning district;
A 'f0-foot side yard will be preserved;
A residential structure on an abutting lot either is located 50 feet or more from the
nearest point of the subject dwelling, or the residential structure exceeds 1-1/2 stories
or 25 feet in height on any abutting lot; and
Windows 15 feet or more above grade shall not face dwelling unit windows or patios on
any abutting lot unless the proposal includes an agreement to plant trees capable of
mitigating direct views, or that such trees exist and will be preserved.
Where an agreement is made to plant trees capable of mitigating direct views, the agreement
shall be deemed a condition of approval under the provisions of Section 18.390.030 D.
The tree planting agreement shall be a condition of Chapter 18.360, Site Development Review,
for three or more attached units or a multiple-family residential structure, or, at the time of
issuance of building permits, for single detached units, one duplex or two attached residential
units.
This will be required as a condition of this approval.
Section 18.730.030 states the requirements for Zero Lot Line Setback Standards
The provisions of this chapter apply to the R-4.5 and R-7 zoning districts and are limited to
single-family detached dwelling units. The provisions of this chapter shall be applied in
conjunction with:
An application for planned development approval under the provisions of Chapter
18.350, Planned Development;
An application for subdivision approval under the provisions of Chapter 18.430,
Subdivision; or
An application for partitioning approval under the provisions of Chapter 18.420,
Partition.
No proposal for zero lot line setbacks has been proposed, these standards are therefore inapplicable.
FINDING: The requirements for flag lots may apply to Lot #139 within the subdivision.
CONDITIONS:
Prior to final plat approval, the applicant shall either reconfigure Lot #139 so that
it meets the definition of flag lots in which case the requirements for flag lots shall
app to this lot, OR make no change to the lot with the understanding that the
front yard is determined to be the west property line.
If lot #139 is reconfigured, Prior to issuance of building permits for structures on
Lot #139, the applicant's plans shall reflect that the maximum height for the
residential structure is 1-1/2 stories or 25 feet, whichever is less, except that the
maximum height may be 2-1/2 stories or 35 feet, whichever is less, provided:
A. The proposed dwelling otherwise complies with the applicable dimensional
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•
requirements of the zoning district;
B. A 10-foot setback will be preserved along the side yard abutting the
periphery of the subdivision;
C. A residential structure on any abutting lot outside the subdivision either is
located 50 feet or more from the nearest point of the subject dwelling, or
the residential structure exceeds 1-1/2 stories or 25 feet in height on any
abutting lot; and
D. Windows 15 feet or more above grade shall not face dwelling unit
windows or patios on any abutting lot outside the subdivision unless the
proposal includes an agreement to plant trees capable of mitigating direct
views, or that such trees exist and will be preserved.
Landsca in and Screening (18.745):
Chapter 8.745 con ains landscaping provisions for new development. Section 18.745.100
requires that street trees be planted in conjunction with all development that fronts a street or
driveway more than 100 feet long. A proposed planting list must be submitted for review by the
Director since certain trees can damage utilities, streets and sidewalks or cause personal injury.
Section 18.745.030.E states that existing vegetation on a site shall be protected as much as
possible (for example, areas not to be disturbed can be fenced as in snow fencing which can
be around individual trees).
The applicant has shown graphical representation of street trees but in the legend they are called out
as Existing Street Lights". The graphical representation of trees is acceptable for general placement,
but final placement will be per the spacing standards of Section 18.745.040 and the final street tree
variety as approved by the City Forester.
Section 18.745.040.C contains specific standards for spacing of street trees as follows:
Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall
be spaced no greater than 20 feet apart;
Medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be
spaced no greater than 30 feet apart; and
Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no
greater than 40 feet apart;
A final street tree plan shall include trees spaced per the above standards.
Section 18.745.050 contains the provisions and requirements for buffering and screening.
The Buffering and Screening Matrix (Section 18.745.1) does not require buffering or screening when
a single-family detached residential use is proposed adjacent to existing detached single-family
dwellings. The Meyers Farm No. 2 subdivision is surrounded by detached single-family homes and
undeveloped parcels with R-7 zoning. Therefore, this section does not apply.
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 will be required by these standards and CWS' standards to replant disturbed areas. A
condition will be imposed to ensure that this occurs.
FINDING: Based on the analysis above, the applicant's street tree plan requires minor changes.
The applicant has not provided an erosion control plan. If the applicant complies with
the conditions listed below, the standards will be met.
CONDITIONS:
Submit a revised street utility plan that shows the location, species, and size
(minimum 2-inch caliper) of required street trees along the public and private streets
per the City's spacing standards of Section 18.745.040(0). Selection of the tree
species will be in accordance with the City Street Tree list and the City Forester's
NOTICE OF DECISION PAGE 22 OF 42
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recommendations.
Submit an erosion control plan that identifies areas for re-vegetation, topsoil storage
areas, methods of replanting and topsoil restoration in accordance with Section
18.745.060.
Off-Street Parking and Loading Requirements (18.765):
Chapter 18.765, Table 18.765.2 re uq ires a single-tamily residences be provided with one (1)
off-street parking space for each dwelling unit.
Compliance with this standard will be enforced during the building permit review process. Since the
Code requires 20 feet from the property line to the face of a garage, this will insure that at least one
car can park off of the street, outside of any garage.
FINDING: Because each individual home will be reviewed for compliance with this standard during
the building permit phase and it is feasible that this standard will be met by providing
driveways and garages, this standard has been satisfied.
Sensitive Lands (18.775)
The development site includes an area of wetlands. These wetlands do not appear on the City's
Comprehensive Plan Map of Wetland Areas, and are therefore regulated as follows:
Jurisdictional wetlands. Landform alterations or developments which are only within wetland
areas that meet the jurisdictional requirements and permit criteria of the U.S. Army Corps of
Engineers, Division of State Lands, CWS, and/or other federal, state, or regional agencies, and
are not designated as significant wetlands on the City of Tigard Wetland and Streams
Corridors Map, do not require a sensitive lands permit. The City shall require that all
necessary permits from other agencies are obtained. All other applicable City requirements
must be satisfied, including sensitive land permits for areas within the 100-year floodplain,
slopes of 25% or greater or unstable ground, drainageways, and wetlands which are not under
state or federal jurisdiction.
The wetlands within this site do not appear as significant wetlands on the City's map, but may be
regulated by CWS and state agencies. A condition of approval will be imposed requiring the
necessary permits from Army Corps, Division of State Lands, and CWS be obtained.
FINDING: It shall be noted that the proposed conveyance of separate Tracts within the Wetland
Buffer seem to conflict with CWS Design and Construction Standards. Staff
recommends that this area be consolidated into a single tract to facilitate a
comprehensive management strategy, versus the piecemeal maintenance that will
occur under separate ownerships.
CONDITION: Prior to final plat approval, tracts A-H, I, and L shall be consolidated into a single tract.
Signs 18.780 :
Chapter regulates the placement, number and design criteria for signage.
No signs are proposed in conjunction with this development. The applicant has indicated that they
will apply for sign permits to erect subdivision entry signs as authorized in Section 18.780.130(A)(3).
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 new policy adopted by
the Director's Designee, all new subdivisions must enter into a sign compliance agreement to
facilitate a more expeditious court process for citations.
FINDING: To expedite enforcement of sign violations, a sign compliance agreement will be
required.
CONDITION: Prior to the issuance of building permits, the developer shall sign a copy of the City's sign
compliance agreement.
Tree Removal (18.790):
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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 ?or their removal, identification of trees to be removed, and a
protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
The applicant has submitted a tree inventory prepared by a certified arborist (Robert Manzany). The
tree inventory indicates that there are 49 total trees on-site greater than 12 inches in diameter, and of
those, 31 are subject to the mitigation requirements (i.e. not dead, dying, diseased, or dangerous).
Of those 31, 20 are proposed for removal, or approximately 65%. However, the Bull Mountain
Community Plan requires that no more than 50% of the trees at time of development may be
removed. The applicant will need to revise the tree removal plan to retain at a minimum, an
additional 5 trees. Since no more than 50% of the trees may be removed, the mitigation will require
that Y2 of the caliper inches of the trees being removed will be required to be replanted.
Since the final removal plan will require revision, final calculation of the mitigation will be dependant
on the final tree removal and protection plan. The applicant may opt to plant the mitigation on-site
(preferred), off site with the propert y owner's permission, or pay a fee in-lieu of replanting, currently
assessed at $125 per caliper inch. The Bull Mountain Community Plan requires all mitigation trees to
be a minimum of 1Y2 inches in diameter. The actual amount of mitigation will depend on what occurs
in the field, and may be adjusted up or down depending on whether additional trees are preserved or
removed through the construction process; but in no case shall the number of trees retained be
allowed to drop below 50%, without constituting a violation of the tree ordinance and this decision.
The City Forester has reviewed the applicant's protection plan and provides the following comments:
"As required, the applicant submitted a tree plan that was conducted by Robert Mazany. The plan
contains three out of the four required components of a tree plan, and, is.therefore, unacceptable.
The tree plan does not outline how the trees that will remain onslte will be protected. The submitted
plans indicate that there are numerous trees that will be preserved on various lots throughout the
development, but no indication is given as to how they will be protected during development. The
plans should show where the tree protection fencing will be located in relation to the building
footprints. It is difficult to determine if any construction will occur within the trees' driplines. If
construction does occur within the driplines, the Project Arborist must explain or set guidelines for
how the tree roots will be protected."
Below are the City Forester's tree protection plan guidelines:
TREE PROTECTION PLAN REQUIREMENTS
The full text of these following requirements shall be placed on the tree protection plan
Any tree that will not be removed onslte that is within the limits of disturbance of this project must be
protected. Any tree that is located on property adjacent to the construction project that will have more
than 15% of its root system disturbed by construction activities shall also be protected. .
Prior to construction, a Tree Protection Plan, conforming to the International Society of Arboriculture
(ISA) guidelines, shall be submitted with the proposed construction drawings for review and approval by
the Carty Forester. T his plan shall include the existing and proposed grading contours and a composite
utility plan to ensure minimization of utility lines and street improvements within the specified tree
protection zone (TPZ). All tree protection devices, along with their details and specifications, shall be
shown on the Tree Protection Plan and shall show, to scale, exactly how far the tree protection fencing
will be from the face of each protected tree. This plan shall also include the proposed building footprints
shown in relation to the trees being reserved. These footprints represent the maximum limits of
disturbance for home construction and are binding upon the applicant and future owners of lots within
the subdivision.
If construction is to occur within the trees' driplines, the applicant, through their Project Arborist, shall
justify the close proximity of the construction activities to the trees. He shall certify that the activities will
not adversely impact the overall and long-term health and stability of each tree. Any construction that
occurs within the neighboring trees' driplines should be justified by the applicant and approved by the
City `Forester. The applicant shall note that damage inflicted upon neighboring trees may be subject to
private civil action by the adjoining property owner. Prior to any site work, tree protection measures
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must be installed around all trees to be retained. Once installed, the City Forester must inspect the tree
protection measures. Work may proceed on the site only after the City Forester has approved the
placement of the tree protection measures.
Prior to site work, the applicant shall submit a detailed construction schedule to the City Forester with
notations as to when tree protection devices will be either installed or removed throughout
construction of the project.
A note shall be placed on the final set of plans indicating that equipment, vehicles, machinery,
grading, dumping, storage, burial of debris, or any other construction-related activities shall not be
located inside o any tree protection zone or outside of the limits of disturbance where other trees are
being protected.
All tree protection devices shall be:
Visible.
Constructed of 11 Gauge steel chain-link fencing supported on at least 2" 0. D. steel posts.
Each post shall be no less than four feet high from the top of grade. Each post shall be driven
into the ground to a depth of no less than two and a half feet below grade. Each post shall be
spaced no further apart than four feet.
Between each post, securely attached to the chain-link fencing, shall be a sign indicating that
the area behind the fencing is protected and no construction activity, including material
storage, may occur behind the fencing
Inspected and approved in the field by the project arborist and City Forester prior to clearing,
grading, or the beginning of construction.
Remain ►n place and maintained until all construction is completed and a final inspection is
conducted.
To determine the size of the tree protection zone (TPZ) the project arborist shall follow one or more of
the guidelines listed below.,:
For individual trees follow the trunk diameter method. For every one-inch of diameter at breast
height (DBH), or 4 % feet above the ground, allow 12 inches of space from the trunk of the
tree. For example, a tree that is 15" at DBH must have at least 15' of tree protection zone
around the entire canopy of the tree.
For groups of trees the tree protection zone must be outside of the drip line of the trees on the
edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the
trunk diameter method or the drip line method, whichever is greater.
Calculate and follow the Optimal Tree Protection Zone calculation as shown in `Trees and
Development: A Technical Guide to Preservation of Trees During Land Development" by
Nelda Matheny and James R. Clark.
The project arborist may propose an alternate method for the establishment of the TPZ,
provided the effort is coordinated with the City Forester.
If it is necessary to enter the tree protection zone at any time with equipment (trucks, bulldozers, etc.)
the pr gJect arborist and City Forester must be notified before any entry occurs. Before entering the
TPZ, 'he project arborist and City Forester shall determine the method by which entry can occur,
along with any additional tree protection measures.
The Project Arborist shall submit written reports to the City Forester, at least, once every two weeks,
as he monitors the construction activities and progress. These reports should include any changes
that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the
amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and
shall certify that the construction activities to the trees did not adversely impact the overall and long-
term health and stability of the tree(s). If the reports are not submitted or received by the City
Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not
being followed by the contractor, the City will stop work on the project until an inspection can be done
by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection
fencing, determine if the fencing was moved at any point during construction, and determine if any
part of the Tree Protection Plan has been violated. If a violation has occurred, one or more of the
following penalties will be pursued through the infraction process.
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Notwithstanding any other provision of this title, any party found to be in violation of this chapter pursuant
to Chapter 1.16 of the Tigard Municipal Code shall be subject to a civil penalty of up to $500 and shall be
required to remedy any damage caused by the violation. Such remediation shall include, but not be
limited to, the following:
A. Replacement of unlawfully removed or damaged trees in accordance with Section 18.790.060 (D)
of the Tigard Development Code; and
8. Paymenf of an additional civil penalty representing the estimated value of any unlawfully removed
or damaged tree, as determined using the most current International Society of Arboriculture's
Guide for Plant Appraisal.
Prior to issuance of building permits, the Project Arborist shall submit a final certification indicating the
elements of the Tree Protection Plan were followed and that all remaining trees on the site are
healthy, stable and viable in their modified growing environment.
FINDING: The applicant's tree protection plan is inadequate.
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 of this deed restriction shall be subject to approval by the Director.
The applicant will be required as a condition of approval to record a deed restriction limiting the
removal of trees that are retained on the project site following completion of the subdivision
improvements, in accordance with this standard.
FINDING: Based on the analysis above, the Tree Removal standards are not presently met but the
proposal can be made to comply, by the imposition of the following conditions:
CONDITIONS:
Prior to any site work the applicant shall revise their tree removal plan so that a
minimum of 50% of the mature non-hazardous trees on site are preserved.
Prior to any site work, the applicant shall submit a final Tree Protection Plan that follows
the recommendations of the City Forester, as outlined under the discussion of Chapter
18.790, Tree Removal, in this decision.
Prior to issuance of building permits the Project Arborist shall submit to the City Forester
a final report describing how the Tree Protection Plan was implemented and detailing
any failures to comply with the Tree Protection Plan. The report shall also describe the
health of all remaining trees on the site, with details provided as to any tree that has had
its root system disturbed or that has otherwise been damaged.
Prior to any final plat approval, the applicant shall submit a tree mitigation plan and/or
program for the trees that will require removal for the improvements and to site the
future houses. If proposing to replant, the applicant shall submit a bond for the value of
the trees assessed at $125 per caliper inch. The bond shall be returned to the applicant
upon completion of the replanting. If the replanting has not been completed by the final
inspection on the last lot, the Clty may collect the bond. If paying the fee in-lieu, such
payment shall occur prior to final plat approval.
Vision Clearance:
applies to all development and requires that clear vision area shall be
Chapter ~
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
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vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction
exceeding three feet in height.
The applicant has indicated the vision clearance areas on the street/utility plan and has not proposed
any structures (including retaining walls) or vegetation in the vision clearance areas. Construction
plans for the streets will need to be reviewed and approved that satisfy the visual clearance
requirements. Subsequent grading and vegetative removal may be imposed during infrastructure
construction to assure that this standard is met.
FINDING: Because no structures are currently proposed in the vision clearance area and all future
buildings will be reviewed for compliance during the building permit phase, this standard
has been satisfied. The applicant has additionally been conditioned to provide a post
construction sight distance certification for SW !63rd and SW Bull Mountain Road,
previously in this decision.
C - STREET AND UTILITY IMPROVEMENTS STANDARDS (SECTION 18.810):
Street And Utilitv Improvements Standards (Section 18.810)
Chapter provi es construction standards or the implementation of public and private
facilities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be
improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a
portion of an existing street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires a minor collector
street to have a 60-foot right-of-way width and a 40-foot paved section. Other improvements
required may include on-street parking, sidewalks and bikeways, underground utilities, street
lighting, storm drainage, and street trees.
This site lies adjacent to SW Bull Mountain Road, which is classified as a collector street with bike
lanes on the City of Tigard Transportation Plan Map. At present, there is approximately 30 feet of
ROW from centerline, according to the most recent tax assessor's map. The applicant shall dedicate
additional ROW to provide for 35 feet from centerline to the south.
SW Bull Mountain Road is currently partially improved. In order to mitigate the impact from this
development, the applicant shall construct half-street improvements including curb, sidewalk, planter
strip and storm sewer. The paved section shall be 23 feet from centerline.
The applicant has asked for an adjustment to the ROW width on 163rd Avenue from 54 feet to 46 feet.
The applicant is proposing to,provide 32 feet of paving and curb-tight sidewalks. The main argument
for this adjustment is that there have been recent changes in the wetland buffer widths. Staff concurs
with this argument for the section of SW 163rd Avenue that is impacted by the wetland buffer area.
Therefore, the adjustment can be made to the ROW of 1p3r Avenue, from Bull Mountain Road to the
north side of SW Bray Lane. The ROW section for 163r Avenue, from Bray Lane to the south, shall
be 54 feet wide. This will provide for a 32 foot paved section, 5 foot sidewalks and planter strips.
Alternatively, the standard for a local street can be reduced based on vehicles per day. The reduced
sections provide for planter strips, while reducing the paved section and on-street parking.
The applicant has also requested an adjustment to the planter strip requirement. One of the
exceptions is where curbside sidewalks already exist on predominant portions of the street. Curbside
sidewalk exists on SW Dekalb Street, Bray Lane, Cooper Lane and Pollard Lane as part of the
on final Meyers Farm Development. Staff has agreed that the extension of these curbside sidewalks
wilt be' allowed up to the east side of SW 163 Avenue. The planter strip will be required along
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Dekalb, west of 163~d Avenue. The section of 163rd Avenue south of Bray Lane will also be required
to have planter strips.
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.
Sheet 1 of the applicant's plans shows a theoretical circulation plan with the future development to the
west (Volpe property), Tract 2 to the south and existingg development to the east (Meyers Farm). The
plan set also includes the anticipated future grades of fhe offsite streets if the land were to develop as
shown on Sheet 1. The applicant has applied for an adjustment to the street grade standard for Dekalb
Street because the grade of 15% exceeds the allowed maximum distance of 250 feet.
Based on the information above and the review by Staff, the future street plan is reasonable and meets
this criterion.
Cul-de-sacs: 18.810.030.K states that a cul-de-sac shall be no more than 200 feet long, shall not
provide access to greater than 20 dwelling units, and shall only be used when environmental or
topographical constraints, existing development pattern, or strict adherence to other
standards in this code preclude street extension and through circulation:
All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other
than circular, shall be approved by the City Engineer; and
The length of the cul-de-sac shall be measured along the centerline of the roadway from
the near side of the intersecting street to the farthest point of the cul-de-sac.
If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street
may be required to be provided and dedicated to the City.
There are no proposed cul-de-sacs in this proposal.
Street Alignment and Connections:
Section 1g .810.030.H.1 states that full street connections with spacing of no more than 530
feet between connections is required except where prevented by barriers such as topography,
railroads, freeways, pre-existing developments, lease provisions, easements, covenants or
other restrictions existing prior to May 1, 1995 which preclude street connections. A full street
connection may also be exempted due' to a regulated water feature if regulations would not
permit construction.
Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which
abut a development site shall be extended within the site to provide through circulation when
not precluded by environmental or topographical constraints, existing development patterns
or strict adherence to other standards in this code. A street connection or extension is
precluded when it is not possible to redesign, or reconfigure the street pattern to provide
required extensions. Land is considered topographically constrained if the slope is greater
than 15% for a distance of 250 feet or more. the case of environmental or topographical
constraints, the mere presence of a constraint is not sufficient to show that a street
connection is not possible. The applicant must show why the constraint precludes some
reasonable street connection.
The applicant has provided a proposed street layout, including future streets that meet this criterion.
Section 18.810.030(H)(3) requires proposed street or street extensions to provide direct access
to existing or planned transit stops, commercial services, and other neighborhood facilities,
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such as schools, shopping areas, and parks.
There are no existing or planned transit stops, commercial services, and other neighborhood facilities,
such as schools, shopping areas, and pparks adjacent or near this site that require street extensions.
The applicant has stubbed a street (SW 163 ) to the south property boundary for future extension
through Tract 2 and further south to the urban growth expansion area.
Grades and Curves: Section 18.810.030.M states that grades shall not exceed ten percent on
arterials, 12% on collector streets, or 12% on any other street (except that local or residential
access streets may have segments with grades up to 15% for distances of no greater than 250
feet), and:
1. Centerline radii of curves shall not be less than 700 feet on arterials, 500 feet on major
collectors, 350 feet on minor collectors, or 100 feet on other streets; and
2. Streets intersecting with a minor collector or greater functional classification street, or
streets intended to be posted with a stop sign or signalization, shall provide a landing
averaging five percent or less. Landings are that portion of the street within 20 feet of the
edge of the intersecting street at full improvement.
The applicant has asked for the following adjustments: 1 SW Dekalb exceeds the 15% grade
standard (proposed grade varies from 16 /o - 20%); 2 SW Cooper Lane exceeds 12% grade for
longer than 250 feet approximately 275 feet). The applicant has stated that existing topography and
intersection design requirements necessitate the steeper grades, but that the design will not be
detrimental or injurious. Staff concurs with this request for the adjustments to street grades.
Access to Arterials and Major Collectors: Section 18.810.030.P states that where a
development abuts or is traversed by an existing or proposed arterial or major collector street,
the development design shall provide adequate protection for residential properties and shall
separate residential access and through traffic, or if separation is not feasible, the design
shall minimize the traffic conflicts. The design shall include any of the following:
A parallel access street along the arterial or major collector;
Lots of suitable depth abutting the arterial or major collector to provide adequate
buffering with frontage along another street;
Screen planting at the rear or side property line to be contained in a nonaccess
reservation along the arterial or major collector; or
Other treatment suitable to meet the objectives of this subsection;
If a lot has access to two streets with different classifications, primary access should be
from the lower classification street.
Bull Mountain Road is classified as a collector. There will not be any driveway located directly on Bull
Mountain Road. The driveways for lots 160-162 shall be located on 163rd Avenue, as far south from
Bull Mountain Road as possible. Driveways for lots 119 120 & 121 shall be placed on Pollard Lane,
although the driveway for lot 121 can be placed on 16P Avenue if it is more than 150 feet south of
the south ROW line of Bull Mountain Road.
Private Streets: Section 18.810.030.S 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.
Tract J will be a private street to lots 139, 140, 141 and future lots on Tract 2. Tract K will provide a
private street to lots 150, 151, 152 & 153. The applicant's plan indicates that Tract K will be extended
in the future to serve 2 lots to the west (designated lots 183 & 184). Private streets can serve no
more than 6 lots; therefore the driveways for lots 149 & 154 must be located on SW 163 Avenue, as
indicated on the applicant's Composite Utility Plan, Sheet 4 of 8.
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
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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.
Section 18.810.030.T limits the number of unitds served by a private street to six.
By requiring lots 149 and 154 to access SW 163 rather than Bray Lane, this standard will be met.
FINDING: The requirements for streets have not been met.
CONDITIONS:
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 pprivate
property owners are to maintain the private street(s). These CC&R's sf~all 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.
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 Bull Mountain Road. The improvements adjacent to this
site shall include:
A. City standard pavement section for a collector street from curb to centerline equal to 23
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. 6 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;
1. underground utilities;
J. street signs (if applicable);
K. driveway apron (i applicable); and
L. adjustments in vertical and/or horizontal alignment to construct SW Bull Mountain Road in
a safe manner, as approved by the Engineering Department.
The applicant's Public Facility Improvement permit construction drawings shall indicate that full
width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks,
driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street
trees, streetlights, and underground utilities shall be installed within the interior subdivision
streets. Improvements shall be designed and constructed to local street standards.
Lots 149 and 154 shall not be permitted to access SW Bray Lane.
Lots 119,120 & 162 shall not be permitted to access directly onto SW Bull Mountain Road.
Lot 120 shall not be permitted to access directly onto 163~d Avenue. Lot 121 shall not be
permitted an access on 163 Avenue that is within 150 feet of the new south ROW line of Bull
Mountain Road.
The applicant's construction drawings shall show that the pavement and rock section for the
proposed private street(s) shall meet the City's public street standard for a local residential street.
Additional right-of-way shall be dedicated to the Public along the frontage of Bull Mountain Road
to increase the right-of-way to 35 feet from the centerline. The description shall be tied to the
existing right-of-way centerline. The dedication shall be on the final plat.
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The final plat shall show the ROW width for 163rd Avenue to be 46 feet for the portion between
Bull Mountain Road and Bray Lane. The final plat shall show the ROW width for 163` Avenue to
be 54 feet for the portion between Bray Lane and the southern terminus of 163r Avenue.
The plat shall contain a restriction against access onto Bull Mountain Road from the subdivision
lots.
The plat shall contain a restriction against access from Lot 120 directly onto 163rd Avenue.
The plat shall contain a restriction against an access from Lot 121 directly onto 163rd Avenue
within 150 feet from the new south ROW line of Bull Mountain Road.
The applicant shall cause a statement to be placed on the final plat to indicate that the proposed
private street(s) will be jointly owned and maintained by the private property owners who abut and
take access from it (them).
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 at, 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.
Prior to approval of the final plat, the applicant shall demonstrate that they have formed and
incorporated a homeowner's association.
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 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.
Section 18.810.040.13.2 states that bicycle and pedestrian connections on public easements or
right-of-ways shall be provided when full street connection is not possible.
The applicant's plans meet the required block length in all situations. Future extension of streets may
not meet the block length standard; however, full compliance is prevented by topographic and natural
resource constraints. This will be reviewed as part of a future subdivision request. For the purposes
of this subdivision, this standard is met.
FINDING: The standards for blocks have been met.
Lots - Size and Shape: Section 18.810.060(A) ~rohibits lot depth from being more than 2.5 times
the average lot width, unless the parcel is ess than 1.5 times the minimum lot size of the
applicable zoning district.
There is only one lot (#139) within the subdivision that is greater than 7,500 square feet, 1.5 times the
minimum lot size. The width of this lot is 115 feet, while the depth is 64 feet. If reoriented as
recommended previously in this decision, the width would be 64 feet with a depth of 115 feet or 1.8
times the width.
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Lot Frontage: Section 18.810.060(8) requires that lots have at least 25 feet of frontage on public
or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies,
which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide
recorded access easement. In cases where the lot is for an attached single-family dwelling unit,
the frontage shall be at least 15 feet.
All lots within the proposed subdivision have 25 feet of public or private street frontage.
FINDING: The standards for lots have been met.
Sidewalks: Section 18.810.070.A =arterial, that sidewalks be constructed to meet City design
standards and be located on both collector and local residential streets.
Tracts J & K shall have a 5 foot sidewalk in a 5 foot easement on one side. The applicant has shown
sidewalks on both sides of all public streets. The planter strips were discussed above in Section
18.810.030.
Section 18.810.070.13 requires as part of any development proposal, or change in use resulting
in an additional 1,000 vehicle trips or more per day, an applicant shall be required to identify
direct, safe (1.25 x the straight line distance) pedestrian routes within 1/2 mile (2,640 feet) of
their site to all transit facilities and Neighborhood Activity Centers (schools, parks, libraries,
etc.). In addition, the developer may be required to participate in the removal of any gaps in
the pedestrians stem off-site if justified by the development. If there is an existing sidewalk,
on the same sidle of the street as the develo ment, within 300 feet of a development site in
either direction, the sidewalk shall be extended from the site to meet the existing sidewalk,
subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity
center).
There are no neighborhood activity centers within Y2 mile of the site. The site abuts SW Bull
Mountain Road which presently has sidewalks to the east (Meyers Farm No. 1 but lacks sidewalks to
the west up to the edge of the Urban Growth Boundary. A forthcoming development application for
Meyers Farm No. 3 will be responsible for these street improvements, and additional right-of-way
dedication. Since additional right-of-way is necessary to place the sidewalks in their ultimate
alignment, staff finds that it is not prudent to require the off-site sidewalks with this development.
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 predominant
ortions of the street; it would conflict with the utilities, there are significant natural features
F arge trees, water features, etc) that would be destroyed if the sidewalk were located as
required or where there are existing structures in close proximity to the street (15 feet or
less)Adgitional consideration for exempting the planter strip requirement may be given on a
case by case basis if a property abuts more than one street frontage.
As discussed previously in the adjustments section, planter strips were not required for several
streets in the proposedsubdivision, but are required for SW 163`d south of Bray Lane, and SW
Dekalb, west of SW 163`d
FINDING: The applicant's proposed private streets lack sidewalks and portions of planter strips.
CONDITION:.
The construction drawings shall indicate curbside sidewalks on Dekalb Street, Bray Lane, Cooper
Lane and Pollard Lane from the east property line to the east side of 163` Avenue.
The construction drawings shall indicate sidewalks with planter strips on Dekalb Street, west of
163`d Avenue.
The construction drawings shall indicate that both private streets (Tracts J & K) will have a 5 foot
sidewalk along one side.
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The construction drawings shall indicate curbside sidewalks on 163rd Avenue, from Bull Mountain
Road to the north side of Bray Hne. The drawings shall also indicate that there will be sidewalk
with planter strips along 1633,' Avenue, south o Bray Lane to the southern terminus of 163
Avenue.
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 the Unified Sewerage Agency in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive plan.
Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include
consideration of additional development within the area as projected by the Comprehensive
Plan.
This site is within Clean Water Services (CWS) service area. The applicant's sewer plan must be,
reviewed and approved by that agency. The applicant's Composite Utility Plan indicates that public
sewer will be extended to serve the site. Easements must be provided on the plat for all sewer lines
that will be constructed outside the proposed ROW. Easements must also be provided for sewer line
that will be constructed off site. The plan also indicates a portion of existing sewer line to be
abandoned. This line must be removed and disposed of according to current standards. Any public
sewer lines that are installed outside of paved roadway areas shall be built with ductile iron or PVC
C-900 pipe.
Prior to construction, the public sewer sastem design must be reviewed and approved first by Clean
Water Services and then by the City of Tigard.
Storm Drainage:
General Provisions: Section 18.810.100.A states requires developers to make adequate
provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.C 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 the Unified Sewerage
Agency, now Clean Water Services, in 2000 and including any future revisions or
amendments).
The upstream drainage is collected by a storm sewer system in Meyers Farm (Phase 1). The storm
system constructed with the Meyers Farm project will be extended to serve this development. The
storm system will continue to the west across the Volpe property, terminating at a water quality facility
before discharging to the wetlands. Easements will be required for the public storm sewer system
constructed in Tract K and on the Volpe property.
The public storm sewer system design, including water quality treatment, must be reviewed and
approved by CWS and then by the City of Tigard.
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 the Unified Sewerage agency in 2000 and including any future
revisions or amendments).
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In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the
Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that
local governments institute a stormwater detention/effective impervious area reduction program
resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all
new developments resulting in an increase of impervious surfaces provide onsite detention facilities,
unless the development is located adjacent to Fanno Creek. For those developments adjacent to
Fanno Creek, the storm water runoff will be permitted to discharge without detention.
The subject site is in the Summer Creek watershed. The applicant has not proposed to provide
detention and shall submit approvals from CWS for the storm sewer system design. It is anticipated
that the City will eventually maintain the sewer and storm lines in this area. Because of this, the City
will also require this applicant to construct any public storm drain main lines, outside of a paved area,
with either PVC C-900 or ductile iron pipe material.
FINDING: The standards for storm drainage are met and will be confirmed though the construction
document review.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed
bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for
the future extension of such bikeways through the dedication of easements or right-of-way.
Bull Mountain Road is designated as a bicycle facility.
Cost of Construction: Section 18.810.110.6 states that development permits issued for
planned unit developments conditional use permits, subdivisions, and other developments
which will principally benefit from such bikeways shall be conditioned to include the cost or
construction of bikeway improvements.
It would not be practical to require the developer to stripe the bike lane at this time. However, it would
be appropriate for the applicant to contribute funds to the City to cover the cost of the bike lane
striping.
The amount of the striping would be as follows:
• 320 feet of 8-inch white stripe, at $2.50/If 800.00
• 8 Mono-directional reflective markers @ $4.00/ea $32.00
• 1 Bike lane legends @ $175/ea $175.00
1 Directional mini-arrows @ $100/ea $$1000
Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the
roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated
from the road is eight feet.
The future bike lane will be 6 feet wide, which is the standard for a Collector.
FINDING: The requirements for bike lanes are not met.
CONDITION: Prior to final plat approval, the applicant shall pay funds toward the cost of bike lane
striping.
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;
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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.C states that a developer
shall pay a fee in-lieu of under-grounding costs when the development is proposed to take
place on a street where existing utilities which are not underground will serve the
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 Bull Mountain Road. If the fee in-
lieu is proposed, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead
lines. The frontage along this site is 352.7 lineal feet; therefore the fee would be $ 12,344.50. It
remains the burden of the applicant to demonstrate that physical undergrounding is not practicable. It
is the expectation that the applicant will underground these overhead utilities, as was done in Meyers
Farm No. 1.
FINDING: The applicant is responsible for undergrounding overhead utilities.
CONDITION: Prior to final plat approval the applicant shall either physically underground the
overhead utilities or demonstrate that such undergrounding is infeasible. If the City
Engineer concurs that it is infeasible, then a payment In-lieu of $12,344.50 will be
required.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
STANDARDS:
Traffic Stud Findin s:
ranspo a Ion Impact Analysis was prepared for this project by Kittelson & Associates, I%c., dated
November 19, 2003. The study found: 1) The Intersection of Bull Mountain Road and 164` Avenue
operates at acceptable levels of service under year 2003 existing conditions during the weekday a.m.
and p.m. peak periods; 2) The intersection was also forecast to operate at acceptable levels under
year 2004 back round traffic conditions during the weekday a.m. and p.m. peak periods; 3)The
proposed single Yamily development is estimated to generate approximately 490 new dally trips, with
40 new trips occurring during the weekday a.m. peak hour and 50 new trips occurring during the
weekday p.m. peak hour; 4) Sight distance was found to be adequate at the study intersections and
internal site intersectios; 5) Left- and right-turn lane warrants are not met at the future SW Bull
Mountain Road/SW 163r Avenue intersection.
Public Water S stem:
Tile su sec site is within the 550-foot service zone. The first phase of Meyers Farm extended water
lines from the east that are available for extension into this phase. In addition, the Water System
Plan Map (Water Distribution System Hydraulic Study, 2000) calls for a 16-inch transmission line to
be extended through this area in order to ensure adequate ultimate pressures in the 550-foot zone.
Part of this transmission line was constructed with the Tuscany subdivision development to the north.
The line will ultimately be extended between Tuscany and Bull Mountain Road via SW 164th Avenue.
The transmission line needs to be extended to the south boundary of this development, where it will
turn east and eventually be extended south and east through Urban Reserve Area No. 48.
No portions of the 16-inch transmission line have been constructed in the vicinity of this site. Staff
recommends the 16-inch ling be extended as a part of the Meyers Farm No. 2 development along the
proposed route of SW 163' Avenue. The line should extend from the existing 8-inch water line in
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Bull Mountain Road and terminate at the south terminus of SW 163rd Avenue. The developer should
coordinate with the City to ensure that this transmission line be installed with the development.
Because the development itself can be served by a 12-inch water main, as shown on the utility plan,
the City will cover the difference in cost between the installation of a 12-inch water line and a f6-inch
line. The developer will be required to show that they have competitively bid the transmission main
line work.
Storm Water Qualit :
The Cit i y as agree to enforce Surface Water Management (SWM) regulations established by
Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and
Order No. 00.7) which require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 .percent of the phosphorus contained in 100 percent of the
storm water runoff generated from newly created impervious surfaces. In addition, a
maintenance plan shall be submitted indicating the frequency and method to be used in
keeping the facility maintained through the year.
Prior to construction, the applicant shall submit plans and calculations for a water quality facility that
will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a
maintenance plan for the facility that must be reviewed and approved by the City prior to construction.
The existing water quality facility that serves Meyers Farm (Phase 1) will be removed and replaced
with the new facility proposed on the Volpe property. The applicant's submittal includes preliminary
calculations showing that the swale will serve Meyers Farm, Meyers Farm No. 2 and the south portion
of the Volpe property.
Prior to the City accepting this facility as a public facility, the developer shall maintain it for a minimum
of three years after construction is completed. The pond shall be placed in a tract and conveyed to
the City on the final plat. The developer will be required to submit annual reports to the City which
show what maintenance operations were conducted on the facility for that year. Once the three-year
maintenance period is completed, the City will inspect the facility and make note of any problems that
have arisen and require them to be resolved before the City will take over maintenance of the facility.
In addition, the City will not take over maintenance of the facility unless 80 percent of the landscaping
is established and healthy. If at any time during the maintenance period, the landscaping falls below
the 80 percent level, the developer shall immediately reinstall all deficient planting at the next
appropriate planting opportunity.
Gradincoi and Erosion Control:
Design an 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.
The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the
UBC, for the proposed grading slope construction. The recommendations of the report will need to
be incorporated into the final grading plan and a final construction supervision report must be filed
with the Engineering Department prior to issuance of building permits.
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The applicant will also be required to have their geotechnical engineer review the construction plans
and sign all sheets that pertain to the project grading. They will also be required to have their
geotechnical engineer sign the final as-built drawings of the site grading.
The design engineer shall also indicate, on the grading plan, which lots will have natural slopes
between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This
information will be necessary in determining if special grading inspections and/or permits will be
necessary when the lots develop.
The applicant is required to obtain an NPDES permit for this project.
Address Assi nments:
Fe i y o agar is responsible for assigning addresses for parcels within the City of Tigard and
within the Urban Service Boundary (USB). An addressingg fee in the amount of $ 50.00 per address
shall be assessed. This fee shall be paid to the City prior fo approval of the final plat.
For this project, the addressing fee will be $2200.00 (44 lots and/or tracts X $50/address = $2200).
Surve Requirements
he app scans Ina p a shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a
tie to the City's lobal 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).
D. - IMPACT STUDY
Section 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 development on the
public at large, public facilities systems, and affected private property users. In situations
where the Community Development Code requires the dedication of real property interests,
the applicant shall either specifically concur with a requirement for public right-of-way
dedication, or provide evidence that supports the conclusion that the real property dedication
requirement is not roughly proportional to the projected impacts of the development.
Section 18.390.050 states that when a condition of approval requires the transfer to the public
of an interest in real property, the approval authority shall adopt findings which support the
conclusion that the interest in real property to be transferred is roughly proportional to the
impact the proposed development will have on the public.
Any required street improvements to certain collector or higher volume streets and the Washington
County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development.
Based on a transportation impact study prepared by Mr. David Larson for the A-Bo Expansion/Dolan
II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new
development on the Collector and Arterial Street system. Presently, the TIF for a detached,
single-family dwelling is $2,530.
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The internal streets within the subdivision are needed to allow the subdivision to develop and the
need for these streets is created by the subdivision. Because the need for the internal streets is
created by the development, the impact of the development is directly proportional to the cost of
dedication and construction of the internal streets. Upon completion ofthis development, the future
builders of the residences will be required to pay TIF's totaling approximately $111,320 ($2,530 x 44
dwelling units). Based on the estimate that total TIF fees cover 32 percent of the impact on major
street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is
$347,87$111,320 divided by .32). The difference between the TIF paid and the full impact, is
considered as unmitigated impact. Since the TIF paid is $111,320, the unmitigated impact can be
valued at $236,555 (347,875-$111,320).
The developer is required to improve SW Bull Mountain Road along the project frontage (353
feet@$200 per lineal foot=$70,600) and provide funds for bike lane striping ($1100. The total value
of these improvements is approximately $71,507.
VALUE OF IMP
LESS SW BULL MOUNTAIN IMPROVEMENTS $71,507
Given that the value of these improvements is less than the value of the unmitigated transportation
impacts, the exactions are proportionate.
E. - WASHINGTON COUNTY BULL MOUNTAIN COMMUNITY PLAN
is area is within the City o igar s ran Services Area. In 1997 the City of Tigard and
Washington County entered into an agreement that Tigard would review all applications for
development within the Urban Services Area. Washington County adopted the City's Development
Code in this area and an Urban Planning Agreement was entered into. This Agreement indicated that
the City would continue to review projects in "areas of special concern" as defined in the SW Bull
Mountain Community Plan (May 12, 1997 Urban Services Intergovernmental Agreement). This
project site is not in any Areas of Special Concern or wildlife habitat designations. The following
section addresses the other relevant portions of the Community Plan.
Summit and Slopes - Design Elements:
1. The residential character of this subarea is to be protected. Improvement of roadways
should be done in a manner which does not encourage excessive traffic. All roads
planned for improvement or connection to SW Bull Mountain Road within the Planning
area should be constructed as minor collectors or local streets following the
topography generally and not directly aligned with other major roadways.
The proposed development is a residential subdivision. Streets will be designed as local streets and will
generally follow the topography on the site. Layout of streets is largely dictated by the city's connectivity
standards, which require among other things, block lengths to not exceed 2,000 linear feet, and street
connections to occur every 530 feet. Stree{s within the subdivision are pdically extensions of the street
pattern established in Meyers Farm No.1, with the exception of SW 16~ which runs perpendicular to
SW Bull Mountain Road. This subdivision provides 6 stub connections to other subdivisions, present
and future, to disperse traffic.
2. Hillside building techniques and foundation designs such as stilts, stepped foundations
etc. shall be used to minimize the alteration of existing slopes over 20 percent. Detailed
site plans, elevations and sections shall be required showing all structures, foundations,
and techniques proposed for hillside construction. These, as well as other site plan
requirements for building on steep slopes, as defined in the Community Development
Code, are intended to ensure that development activities do not increase the potential for
earth movements such as landslides or land failures in the steeply sloped subarea.
There are no areas on the site that meet the criteria for steep slopes (defined as greater than 25% by the
development code). Detailed site plans will be generated at the building permit stage for home
construction.
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3. No grading, filling, clearing or excavation of any kind shall be initiated on steep slopes
until a grading plan, as defined in the Community Development Code, is approved.
Borrowing to obtain fill material shall be prohibited unless the material is obtained from a
cut permitted under an approved grading plan, or imported from outside the hillside area.
The final grading plan will show all proposed grading. Additionally as previously noted, there are no
areas of steep slopes on the site.
4. Removal of natural vegetation shall be minimized, existing vegetation protected and
destroyed vegetation replaced. This is required in order to conserve important natural
areas, decrease the potential for erosion, decrease the amount of surface water runoff and
help prevent earth movement in hazardous areas. A slope stabilization and revegetation
plan, which includes a schedule for revegatation after areas have been cleared, shall be
included with the required grading plan. Revegetation shall be completed before October
15 of the year of construction, or a temporary treatment shall be required sufficient to
prevent erosion prior to the rainy season
An erosion control/grading plan will be required to show revegetation methods in compliance with this
standard. Vegetation will be protected within the water resource area. Other areas of the site will
require stripping to grade the lots for proper storm drainage. However, these areas will be reseeded
and/or covered with mulch to prevent erosion.
5. Because trees are such an important natural and scenic resource on SW Bull Mountain,
development in areas of standing trees shall be designed to minimize the number of trees
to be cut. At the time of development, no more than fifty percent of the mature standing
trees (six inch diameter or greater) shall be removed from any parcel. Development
design and clearing for structures shall provide for maximum retention of old growth
trees. Prior to development, the harvesting of forest tree species for their commercial
value shall be in accord with the Oregon Forest Practices Act. The slope stabilization and
revegetation plan shall indicate the mature tree planned for removal and describe the
replacement programs. Replacement trees must be of at least 11/2-inch diameter.
This issue is addressed under the Tree Removal section of this decision. The City's tree removal
standards require only review and mitigation of trees over 12 inches in caliper. The applicants tree
removal submittal had indicated that greater than 50% of the healthy trees over 12 inches in diameter
were to be removed. This issue is addressed previously under 18.790 (Tree Removal), above, and
conditioned such that the applicant will need to revise the removal plan to meet the 50% threshold.
6. Streams, seasonal waterways and immediately adjacent riparian zones, as defined in the
Community Development Code, shall be preserved in their natural condition including
topography and vegetation. Where roads are required, bridges shall be preferred means
of crossing streams and waterways rather than infill and piping or channelization of water
flow.
The wetland located in the northwest corner of the site is being preserved in open space areas (Tracts
A, B, C, D, E, F, G, H, I, and Q. As noted previously in this decision, this division of ownership of tracts
complicates management and maintenance of the open space area. It additionally creates a perception
of homeowners that they fully own and control these areas, irrespective of the conservation easement.
Staff has observed numerous incidents where these areas, when not delineated in the field and marked
by separate ownership are encroached upon with private yard landscaping and structures. The city is
not interested in creating a situation that lends itself to hostile or controversial enforcement action. The
development code authorizes staff to enact conditions of.approval to mitigate for impacts generated by
the development provided the condition is related to and proportionate with the level of anticipated
impact Therefore, it will be a requirement of this decision that the open space tracts be wholly
consolidated into a single tract on the final plat and conveyed to the homeowners association.
Use of power line easements for farm operations, open space, and wildlife habitat shall be
encouraged as appropriate in this subarea.
There are no power line easements within the subject proposal area. This element is not applicable.
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8. This Design element refers to Area of Special Concern 1, which is not within the project
area. Therefore, this element does not apply.
9. This Design element refers to Area of Special Concern 2, which is not,within the project
area. Therefore, this element does not apply.
10. This Design element refers to Area of Special Concern 3, which is not within the project
area. Therefore, this element does not apply.
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Water Department has reviewed the proposal and submitted comments which have
alreadybeen incorporated in the "Street and Utility Improvement" section above.
The City of Tigard Forester has reviewed the proposal and submitted comments which have been
incorporated into the "Tree Removal" section above.
SECTION VIII. AGENCY COMMENTS
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments:
Tualatin Valley Fire & Rescue endorses this proposal predicated on the following criteria and
conditions of approval:
1) Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the
building as measured by an approved route around the exterior of the building. An approved
turnaround is required if the remaining distance to an approved intersecting roadway, as
measured along the fire apparatus access road, is greater than 150 feet. (UFC Sec. 902.2.1)
The submitted plan provides adequate access to meet this standard.
2) Dead end fire apparatus access roads in excess of 150 feet in- length shall be provided with an
approved turnaround. Diagrams of approved turnarounds are available from the fire district.
(UFC Sec. 902.2.2.4)
The submitted plan meets this standard.
3) Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (15 feet for
one or two dwelling units and out buildings), and an unobstructed vertical clearance of not less
than 13 feet 6 inches. (UFC Sec. 902.2.2.1)
4) The inside turning radius and outside turning radius shall be not less than 25 feet and 45 feet
respectively, measured from the same center point. (UFC Sec. 902.2.2.3) - (See diagrams on
back)
s) Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and 20
feet of unobstructed driving surface, "No Parking" signs shall be installed on one or both sides of
the roadway and in turnarounds as needed. (UFC Sec. 902.2.4) Signs shall read "NO PARKING -
FIRE LANE - TOW AWAY ZONE, ORS 98.810 - 98.812" and shall be installed with a clear space
above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black
or red letters and border on a white background. (UFC Sec. 901.4.5.1)
6) Private fire apparatus access roadway grades shall not exceed an average grade of 10 percent
with a maximum grade of 15 percent for lengths of no more than 200 feet. Intersections and
turnarounds shall be level (maximum 5%) with the exception of crowning for water run-off. Public
streets shall have a maximum grade of 15%. (UFC Sec. 902.2.2.6)
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
Chief.
NOTICE OF DECISION PAGE 40 OF 42
SUB2003-00014 - MEYERS FARM SUBDIVISION
0 110
7) Fire hydrants for single family dwellings, duplexes and sub-divisions, shall be placed at each
intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet
from a hydrant at an intersection as measured in an approved manner around the outside of the
structure and along approved fire apparatus access roadways. Placement of additional fire
hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2)
8) Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access
roadway. (UFC Sec. 903.4.2.4)
9) Fire hydrant locations shall be identified by the installation of reflective markers. The markers
shall be blue. They shall be located adjacent and to the side of the centerline of the access road
way that the fire hydrant is located on. In case that there is no center line, then assume a
centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3)
1o) The minimum available fire flow for single family dwellings and duplexes 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 UFC Appendix Table A-III-A-1. (UFC Appendix III-A, Sec. 5)
11) Approved fire apparatus access roadways and fire fighting water supplies shall be installed and
operational prior to any other construction on the site or subdivision. (UFC Sec. 8704)
Washington County has reviewed the proposal and provided findings related to traffic safety
impacts. The report identified the following recommendations which are made part of this decision:
Provide adequate illumination at the proposed site access along SW Bull Mountain Road.
Adequate illumination shall consist of at least one 200 watt high pressure sodium cobra head
luminaire mounted at a minimum height of 20 feet on existing utility poles if available. The
fixture shall have a medium semi cutoff type III distribution. T e pole shall be within the area
defined by the radius returns of the intersection. The fixture shall be oriented within 90
degrees to centerline of SW Bull Mountain Road. If no existing utility poles are available within
the intersection area defined by the radius returns, the developer shall meet the requirements
of the Department of Land Use and Transportation 1991 Roadway Illumination standards,
latest revision. County Traffic Engineer may require illumination in addition to the above stated
minimums . Direct technical questions concerning this condition or the 1991 Roadway
Illumination Standards to Robert Morast, County Traffic Engineer at (503) 846-7955.
2. Provide adequate intersection sight distance to both directions along SW Bull Mountain Road
at the proposed site access in accordance with the Washington County's Community
Development Code.
SECTION IX. PROCEDURE AND APPEAL INFORMATION
Notice:
once was posted at City Hall and mailed to:
X The applicant and owners
-X- Owner of record within the required distance
-T_ Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON APRIL 29, 2004 AND
EFFECTIVE ON MAY 14, 2004 UNLESS AN APPEAL IS FILED.
NOTICE OF DECISION PAGE 41 OF 42
SUB2003-00014 - MEYERS FARM SUBDIVISION
A eal:
Pe erector's Decision is final on the date that it is mailed. Any party with standing as provided in
Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.396.040.G.2. of the
Tigard Community Development Code which provides that a written appeal together with the required
fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was
mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City
Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be
submitted b 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 MAY 13, 2004.
Questions:
you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125
SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
organ racy
Associate Planner
APPROVED is ar ewersdo
Planning Manager
April 292004
DATE
April 292004
DATE
is\curpln\morgan\workspace\sub and pd\sub2003-00009 (summit ridge)\sub2003-00009 decision (0).doc
NOTICE OF DECISION
SUB2003-00014 - MEYERS FARM SUBDIVISION
PAGE 42 OF 42
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CITY OF TIGARD PLANNING DIVISION
s
• ATTACHMENT 2
APPEAL FILING FORM
FOR LAND USE DECISIONS
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297
The City of Tigard supports the citizen's right to participate in local government. 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
Property Address/Location(s) and Name(s) of the
Application Being Appealed:,C%,~7
How Do You Qualify As A Party?/
Appellant's Address: //::]Eyr
City/State: 2 Zip: !2~1/
Day Phone Where You Can Be Reached'(~Q-:3)
Scheduled Date Decision Is To Be Final:
Date Notice of Final Decision Was Given:
Specific Grounds For Appeal or Review:
FOR STAFF USE ONLY
Case No.(s): ~4~2Q'J3- 00~-- I V
Case Name(s): rs ~rx ra~'1 f~~ 2
Receipt No.:
Application Accepted By:
Date: S 1 J y
A
Approved As To Form By:
Date: Mm
Denied As To Form By:
Date:
Rev. 15-Aug-02 is\curpln\masters\revised\appeal.doc
REQUIRED SUBMITTAL ELEMENTS
✓ /,Application Elements Submitted:
[5/Appeal Filing Form (completed) vl
[9 Filing Fee (based on criteria below)
➢ Director's Decision to Planning Commission $ 250.00
➢ Expedited Review (deposit) $ 300.00
➢ Hearing Referee $ 500.00
➢ Planning Commission/Hearing's Officer to City Council $1,952.00
Transcript)
Signature o -Pellant s):
APPEAL FILING FORM FOR LAND USE DFCISIONR
CITY OF TIGARD 5/13/2004
13125 SW Hall Blvd. 4:45:28PM
Tigard, Oregon 97223
(503) 639-4171
Receipt 27200400000000002036
Date: 05/13/2004
Line Items:
Case No Tran Code Description Revenue Account No Amount ]raid
SUB2003-00014 [ULANUS] APPEAL DD-PLN COM 255-0000-438000 250.00
Line Item Total: $250.00
Payments:
Method Payer User ID Acct/Check Approval No. How Received Amount Pai.
Check F T WEBER kjp 2211 In Person 250.00
Payment Total:
O
Pay to the
Order of.
1-866-4UMPQUA~.. s
(1-866-486-7782)
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Page 1 of 1
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F T WEBER 2211
PH. 503-636-9855
16869 SW 65TH AVE., #260
LAKE OSWEGO, OR 97035 96-505/1232
Date
s LE •
A P RECEIVED PLANNING
26 May, 2004
Morgan Tracy
City of Tigard Planning Department
Tigard City Hall
13125 SW Hall Boulevard
Tigard, OR 97223
Re: Appeal of the Approval for Meyers Farm No. 2 Subdivision
Dear Mr. Tracy:
JUN 0 1 2004
CITY OF TIGARD
I represent the Applicant, George Marshall, and am writing this letter to present, in
general terms, our reasons for filing an appeal of the Approval for Meyers Farm No. 2
Subdivision. (SUB 2003-00014, VAR2003-00086, VAR2003-00087, VAR2003-00088,
VAR2004-00025). The intent of this letter is to clarify our reasons for filing the appeal.
Condition 4 of the Conditions of Approval states:
"4. Prior to site work, the applicant shall revise their tree removal plans so
that a minimum of 50% of the mature non-hazardous trees on site are
preserved. "
It is our understanding that this condition was placed on this approval as a means of
enforcing a provision of the Bull Mountain Community Plan that requires that no more
than 50% of the mature trees on any site be removed for the purposes of development.
Through an intergovernmental agreement, the City of Tigard is administering this land
use review. The land use review is to include all applicable sections of the Development
Code of the City of Tigard as well as applicable sections of the Washington Community
Development Code, which includes the Bull Mountain Community Plan. This insures
that the land use review reflects important approval criteria that have been established by
both the City of Tigard and Washington County.
In this case the City of Tigard is enforcing a provision of the Bull Mountain Community
Plan that is no longer applicable to this land use review based on revisions to the
Washington County Community Development Code. Washington County has
recognized that development at the density prescribed by zoning and the Code makes
compliance with the tree preservation requirement of the Bull Mountain Community Plan
impractical, if not impossible. As a consequence, Washington County has rewritten their
code to allow removal of all trees identified and approved for removal through a Type II
or Type III procedure in an approved development plan (Section 407-3.2.A). The Bull
Mountain Community Plan requirements relating to tree removal would not apply in this
situation.
LAMOINE FILER ARCHITECTURE PLANNING LLC
2387 NW NORTHRUP, #9 PORTLAND, OREGON 97210 PHONE/FAX 503.226.1145
• Meyers Farm No. 2 Subdivision r
Appeal of the Approval ,
26 May, 2004
In this particular case, the City of Tigard has based their requirements for tree
preservation on one section of the Bull Mountain Community Plan and have not taken
into account the other provisions of the Washington County Community Development
Code that address tree removal. The basis for the requirements in Condition 4 are
unfounded given the position maintained by Washington County which is reflected in the
current Code. The requirements of Condition 4 have placed an undue hardship on the
Applicant, and as a consequence, the Applicant has been forced to appeal the decision.
Sincerely,
L~;f&* S~~
Lamoine Eiler
CC: George Marshall
Tom Weber
Bill McMonagle
2
ATTACHMENT 4
URBAN SERVICES INTERGOVERNMENTAL AGREEMENT
BETWEEN
CITY OF TIGARD AND WASHINGTON COUNTY
This agreement is entered into this Lk day of ma,,,, , 1997, by
WASHINGTON COUNTY, hereinafter "COUNTY" and the CITY OF TIGARD, hereinafter
"CITY" both political subdivisions of the State of Oregon.
WHEREAS, ORS 190.007 provides for the furthering of economy and efficiency in local
government and that intergovernmental cooperation is a matter of state wide concern; and
WHEREAS, ORS 190.010 provides that units of government may enter into agreements for the
performance of any and all functions and activities that a party to the agreement, its officers or
agencies have authority to perform; and
WHEREAS, Article IV(B)(2) of the Urban Planning Area Agreement called for a study of the
transfer of responsibility for certain urban services from the COUNTY to the CITY to determine
the cost effectiveness and feasibility of this transfer; and
WHEREAS, the COUNTY and the CITY believe it is in the best interest of efficiency and
economy to transfer responsibility of certain services to the local unit of government consistent
with the objectives of SB 122;
WHEREAS, this agreement provides for a newly designed method to provide governmental
serIvlces, is unique to the parties, and is subject to amendment; it is not intended to be used as a
model agreement for other jurisdictions;
URBAN SERVICES CivTERGOVERNI ENTAL AGREE.vfENT/TIGARD/\VASHINGTON COUNTY
Page I
•
•
NOW, THEREFORE, THE COUNTY AND THE CITY AGREE AS FOLLOWS:
AREA AFFECTED BY AGREEMENT
A. The area affected by the intergovernmental agreement is defined by Exhibit "1" to
this agreement and is hereinafter referred to as the "area."
II. DELEGATION OF AUTHORITY
A. The COUN'T'Y agrees to delegate to the CITY any and all additional authority that
it possesses and which is needed by the CITY to carry out planning, development, road
functions and other related activities within the area. The effective date and terms of the
delegation of authority are as provided for in this agreement. Among the actions to be
authorized pursuant to this provisions will be:
1. Provision of planning information to applicants for development review for
all land development proposed for the active planning area.
2. Performance of pre-application conferences.
3. Preparation of staff reports and performance of site visits for pending
applications.
4. Coordination and provision of public notice of land use applications.
5. Collection of fees pertaining to development applications, building permits
right-of-way use fees, systems development charges and traffic impact fees.
6. Presentation of staff recommendations pertaining to land use proposals at
public hearings.
7. Preparation of administrative decisions for those applications that do not
require public hearings, in keeping with the Tigard Community Development
Code.
3. Conducting of public hearings before the land use approval authority as
provided by the Tigard Community Development Code.
9. Conducting of appeal hearings before the land use approval authority as
provided by the Tigard Community Development Code.
LRBAN SERVICES IN-MRGOVEP-NNtENTU. AGREEMEVTMGARDAVASH1 1GTON COUNTY
Page
10. Preparation of final orders for all final decisions made pursuant to this
agreement.
i l . Representing the CITY in any appeal of a decision made by the CITY
under this agreement to LUBA or any other court and representing the CITY in
mandamus actions or any other actions in state or federal court.
12. Review of construction activities related to development approvals granted
pursuant to this agreement for compliance with conditions of development
approval.
13. Coordination with engineering and other appropriate staff for review and
approval of public facilities related to development application and construction.
14. Interpretation of the applicable comprehensive plan and implementing
regulations for the area.
15. Exercise of subdivision authority within the active planning area.
16. Processing and issuance of building permits for all construction activities
within the area. Performance of all building inspecting and enforcement relating to
permits issued.
17. Maintenance and improvements of roads within the area.
13. Issuance of all access permits and right of way use and right-of-way
construction permits for the area.
19. Enforcement of code and permit violations including:
a. Development and zoning violations
b. Building code violations
c. Conditions of approval violations
d. Right of way permit violations
e. Road and street hazards
?0. Removing vegetation from right-of--ways.
? 1. Reviewing OLCC and DLfV land use compatibility statements.
URBAN SERVICES rN-1ERGOVERN"MENTAL AGREEvtENTTIGARDAVASi+GTON COUNTY
Paae 3
• •
111. RESPONSIBILITIES OF THE PARTIES
A. General Terms Regarding Responsibilities of the Parties.
It is the intention of the parties hereto that there be no cost to the CITY in the
undertaking of the responsibilities under this agreement. As to operational costs, the fee
schedule adopted for development review and building permit services is intended to fully
cover all direct and indirect costs to the CITY associated with development review and
building permit functions. In recognition of initial start up costs and the assumption by the
CITY of applications in process, an initial dollar transfers outlined below will be made by
the COUNTY to the CITY as provided for herein.
As of the date of this Agreement, the parties contemplate that there are three
broad areas of cost of service in the Affected Area which is the subject of this agreement.
Those areas of cost are:
operational expenses,
2. defense of litigation, administrative and LUBA appeals occasioned by
development review and engineering review of development; and
3. liability under tort, constitutional and related theories.
It is the intent of the parties that the CITY will be fully compensated for
operational expenses relating to this Agreement. The remaining two described cost areas
to the CITY will be analyzed as provided in Section (IV)(B) and (VI).
B. The County agrees to perform the following activities as part of this
intergovernmental agreement:
1. Transfer all documents, files, and computer data relevant to the particular
services denoted in the agreement on or before the effective date of the agreement.
The data shall be in a format compatible to the CITY's system. All costs
associated with the creation and/or duplication of these documents, files and
computer data shall be borne by the COUNTY. The documents to transferred are
listed in Appendix 1. All documents shall be transferred before the effective date
of this a(2reement.
URBAN SERNZCES INTERGOVER IvMNI AL AGREEMENTMGARD/WASHLNGTOly COUNTY
Page 4
-kny service under this agreement provided by CITY that requires payment
by COUNTY to CITY for such service shall only be required of the CITY as long
as COUNTY makes the payments to CITY as required by this agreement. This
agreement shall terminate if COUNTY is unable to make payments to CITY
required under this agreement due to reductions in the COUNTY budget.
3. Transfers of all special fund allocations to the CITY for specific services
denoted in this agreement shall be done before the effective date of the agreement
or later as specified in this agreement. For all subsequent years, the allocations
shall be made no later than 30 days after July I of each year. Any interest accrued
by the CITY shall be used in furtherance of delivering such specific services. In
the event of funding short falls for operational expenses arising out of the CITY's
assumption of obligations under this agreement, the provisions of paragraph
IV(A)(1) shall govern the transfer of additional funds to the CITY by the
COUNTY.
4. Provide as needed technical assistance to the CITY to assist in those
services requiring COUNTY expertise. Such technical assistance shall be
delivered to the CITY at no charge and in a timely manner. More specifically, the
COUNTY agrees to provide technical assistance in development review to assist
the CITY'S Community Development Department render appropriate land use
decisions including "areas of special concern" and flood p lai n/drainage hazard
areas, as defined in the COUNTY's Bull Mountain Community Plan.
5. Provide coordination with the CITY in updating and development of the
COUNtY's transportation capital improvement program.
6. Adopt provisions of Tigard's Municipal Code and engineering standards,
street standards and other City rules that are necessary for the CITY to have
authority to fulfill the delegation provisions listed under section H of this
agreement.
7. If at a quarterly meeting, it is determined that the COUNTY fee schedule is
not adequate to compensate CITY for services performed, upon presentation of
adequate documentation to this effect. COUNTY shall adjust its fee schedule for
the area to attempt to cover the cost of the service. In addition, the cost recovery
provisions of paragraph IV(A) shall apply consistent with the intent that there be
no cost to the CITY for operational expenditures under this agreement.
URBAN SERVICES ItiTERG0VER.\tifEN7A AGREE'ktEvTiTIGARD/WASHINGTON COUNTY
Paiae
• •
C. The CITY agrees to perform the following activities as part of this intergovernmental
agreement:
1. Perform land development services (development assistance development
review) on a daily basis consistent with the CITY Community Development Code
as adopted by the COUNTY.
Perform building inspection services (plan review, electrical, plumbing,
mechanical, structural) on a daily basis consistent with the state law and the CITY
code as adopted by the COUNTY.
3. Utilize the CITY's street standards as adopted by COUNTY in evaluating
public and private development and/or projects in the area.
4. Perform road maintenance work for local public streets and receive
payment for such work-from the Urban Road Maintenance District, as described in
Exhibit 2.
5. Perform road right-of-way maintenance on roads and streets and receive
payment for such work from COUNTY Road Funds, as described in Exhibit 3.
6. Perform road maintenance work and receive payment for such work from
Maintenance Local Improvement Districts, as described in Exhibit 4.
7. Perform road capital improvements and receive payment for such
improvements from Traffic Impact Fees, as described in Exhibit 5.
8. Perform code enforcement services on a daily basis consistent with the
CITY codes as adopted by the County and receive payment for such enforcement,
as described in Exhibit 6.
9. As of the date of this agreement, CITY shall impose a condition upon any
applications which requires street lighting, that the applicant will agree to the
formation of a Street Lighting District.
10. Take responsibility for and complete inspections and reviews for all
existing building permits and complete review of all development permit
applications (including requests for extensions on existing permits) that are filed
after the effective date of this agreement and receive payments, as described in
Exhibit 7.
URBAN SERVICES INTERGOVEILNNMENTAL AGREE~tEtiT/"rIGARDAvASHTNGTON COUNTY
Paee 6
•
i i . Collect all pertinent fees and taxes relevant to building permits, traffic
impact tax, sign permits, right-of-way use permits, sign permits and development
application fees. CITY will use the COUNTY fee schedule for all engineering and
development permits as that schedule is annually adopted by COUNTY. CITY
shall apply its own fee schedule for building permits. CITY shall retain all fees it
collects for its services. COUNTY shall continue to collect MLID and URMD
assessments for this area and transfer them as provided for in this agreement under
Exhibits 2 and 4.
12. All other actions reasonably necessary to carry out the authority given to
CITY as provided for in the attached Exhibits.
IV. OPERATTNG PROCEDURES AND RELATIONSHIPS
The COUNTY and CITY agree:
A. Operational Expenses.
It is the parties' intent that this agreement be revenue neutral to the CITY. This
agreement attempts to be revenue neutral through fund transfers and the collection of fees
by CITY. It is expected that the fees gathered will cover the cost of those services
including some enforcement or appeals of CITY decisions. However, if those funds
transferred or fees gathered are not sufficient to pay for the services required by this
agreement, the COUNTY shall in addition to adjusting the fees as stated in Section
TII(B)(7), reimburse CITY for the any deficiency remaining at the end of each quarter.
Such reimbursement shall be made within thirty (30) days of a quarterly meeting or within
thirty (30) days of the end of any fiscal year whichever is applicable. To be eligible to
receive such payments for the deficiency, the CITY is required to:
1. Meet quarterly with COUNTY and give accounting records of the CITY's
fund for these services that describe the cost of services and the revenues
generated during the quarter. CITY shall also make estimates about levels of
services, staffing requirements and revenue projections for the next quarter. The
quarterly meetings shall aid in detertrining the fund transfers that are set in the
annual meeting as described below.
2. Maintain a separate fund for all accounting functions relative to the area
covered by this agreement.
Be in compliance with all other provisions of this agreement.
URBAN SERVICES RNFMRGOVER~\T)MENT AL AGREES[ENTTIGARD/WASHIiNGTON COUNTY
Paoe 7
• •
B. Defense of Appeals/Liability
As described in paragraph II(A)(11) above, it is contemplated by the parties that
LUBA or other court actions may arise from the-review of development in the area subject
to this agreement. The CITY will undertake responsibility for defense of such actions.
The cost of such defense will be borne by either the CITY or the COUNTY or a
combination thereof as provided for in this paragraph.
1. When the CITY receives notice from any party that a LUBA appeal, court
action or other legal review of the CITY's authority is contemplated by that party,
the CITY Community Development Director shall immediately notify the
COUNTY Land Use and Transportation Director in writing. The Directors or
their designee(s) shall confer to determine the source and nature of the requirement
resulting in the disputed and the CITY's decision on whether or not to defend the
action. The COUNTY shall have 10 days from the date of the CITY's notice in
which to decide whether it wants the CITY to proceed in the defense of such
action. If the COUNTY requests that the CITY proceed to defense where the
CITY would otherwise elect not to do so, the COUNTY will fully reimburse the
CITY for all costs of defense including direct and indirect costs. Similarly, if the
CITY believes it is important to proceed the defense where the COUNTY does
not concur, the CITY will absorb the cost. In cases where both parties believe it is
important to defend an action, the parties will share equally the cost of defense.
The same process shall apply in all subsequent appeals from the LUBA or court
decision. In all other cases, the parties will resolve the dispute over cost using the
dispute resolution methods contained in this agreement. The parties here
recognize that the intent is that the parry creating the cost should bear
responsibility for that cost.
2. For constitutional takings claims and inverse condemnation claims,
including civil rights actions alleging a taking County shall indemnify City for
Citv's acts or omissions to a maximum aegreeate amount of 5500,000 on a
"claims-made" basis. Claims must arise from acts or omissions occurring during
the term of this Agreement and be actually received no later than two years after
termination of this Agreement. This shall include defense costs, attorney fees and
any settlements or judgments. Indemnification shall be on a 50/50 basis with the
City participating in the first dollar of defense costs and any judgment or
settlement, including attorney fees. In no event shall either party be responsible for
any punitive damages awarded against the other party, its officers, employees or
agents.
URBAN SERVICES INTERGOVER.NRvtEVTAL AGREES[EitTi-nGARD/WASPUNGTON COUNTY
Pasze 3
• •
In the event any portion of the area covered by this Agreement annexes, County's
obligation under this paragraph shall cease as to any claims arising from the
annexed area after annexation is final. County shall bear full responsibility for
claims resulting from its approval of development prior to the effective date of this
Agreement.
3. Consistent with the hold harmless provisions of paragraph VI, it is the
parties' intention that each be responsible for liability arising out of its own
employees' acts.
4. On July 1, 1997, County shall create a 5500,000 insurance reserve fund or
account dedicated exclusively to satisfying its obligations under paragraph (2)
above. In no event shall County be responsible for any costs, damages, judgments,
settlements, or attorney fees arising from or relating to the acts or omissions of
City except to the extent of the remaining balance of this reserve. Notwithstanding
termination of this Agreement, this reserve shall continue until either of the
following occurs: the fund balance is expended in defense or on behalf of City as
described in paragraph (2) above or all claims against City filed within two years of
termination of this Agreement are finally resolved and paid.
Each fiscal year, County staff shall make a recommendation to the Board regarding
availability of funds to replenish the reserve and the Board shall seriously consider
such action. City may terminate this Agreement on 90 days' notice if County
declines to replenish the reserve in any future budget year.
5. City shall confer with County at the first opportunity if City has reason to
think that a land use application or decision of City is likely to be contested beyond
the City's internal review process or may give rise to a claim for damages.
C. Dispute Resolution.
To the extent'possible, COUNTY and CITY staff will observe the rules, standards
and regulation reference by this agreement. In the case of a dispute about the terms of this
agreement or how to effectuate this agreement, the COUNTY and CITY staff will
immediately refer the dispute to the COL,'i`TI'Y Director of Land Use and Transportation
and the CITY Community Development Director to resolve the dispute. If the Directors
have not resolved the dispute within 30 days, the dispute shall be forwarded to the CITY
and COUNTY Administrators. If the matter cannot be resolved by the Administrators
within 30 days, it shall be forwarded to the Council and the Board for resolution. If the
matter still cannot be resolved, the arbitration provisions of ORS 190.710-190.300 shall
apply.
URBAN SER\/ICES FINTERGOVEP:NNiENT L AGPEENtEIN47iTIGARDIWASHILNGTOtN COUNTY
Page,)
• •
D. Amendments.
Requested amendments to this intergovernmental agreement shall be submitted in
writing to both the COUNTY Land Use and Transportation Director and to the CITY
CommunityDevelopment Director with adequate explanations as to the necessity of such
amendment. A decision by the Directors to either reject or accept the amendments must
be made in no more that 30 days from the receipt of the request. After review and
approval by the Directors, the amendments must be submitted to the CITY Manager and
COUNTY Administrator for signature or presentation to the Board and Council.
The CITY Council and the COUNTY Board of County Commissioners grant
authority to the CITY Manager and the COUNTY Administrator to make such changes as
needed to this intergovernmental agreement to effectuate the intent and purpose of this
agreement. For amendments that will result in a financial impact, the amount of the
financial impact needs to be within the Administrator's and Manager's delegated authority.
Any amendments outside this authority need to be made by the Council and the Board and
must be submitted to the Board and Council within 90 days of the Administrator's or
Manager's receipt of the proposed amendments.
E. -,,Annual Review.
COUNTY and CITY will jointly conduct an annual review of this
intergovernmental agreement beginning November 1 and ending no later than January 30
of each year to allow adjustments to upcoming COUNTY and CITY budgets. Such joint
review shall include an evaluation of the effectiveness of the agreement, procedures, and
the delivery of service in meeting the requirements of the agreement. The annual review
shall also evaluate the costs of providing the services,. reimburse the CITY for operating
deficits described in section IV(A), and adjust such moneys that are transferred to the
CITY to render services under this agreement. The CITY and COUNTY agree to take
the results of this meeting, along with any amendments to the agreement made pursuant to
paragraph D above, to their respective Board and Council within 30 days of such meeting.
The Board and Council agree to take action on such request consistent with this
agreement.
F. COUNTY will make changes in Article VIII of its Community Development Code
(CDC) necessary to adopt changes in the CITY's development code as it applies to the
area. COUNTY and CITY shall work.together to ensure that all CITY code changes are
promptly auvN«u by ~-vvi~ i A.
G. The parties agree to coordinate planning efforts under Metro's 2040 Growth
Concepts at a time mutually agreeable to the parties.
URBAN SERVICES INTERGOVER:~tENTAL AGREE:vtENTiTIG.APD~'•VASHIL+'GTON CO[,LvTY
Page 10
•
H. City shall maintain 53,000,000 aggregate general, professional and automotive
liability insurance for claims arising from its acts and omissions in the area subject to this
Agreement. County, its officers, employees and agents shall be named as an additional
insured (except that County need not be named on professional insurance if that is
unavailable). County shall pay to City the first year premium to a maximum of $5,000.00.
The premium for subsequent years shall be paid by City as an operating expense.
City shall periodically monitor the insurance market to determine if coverage for takings
and inverse condemnation claims is available. If so, County may elect to pay the premium
for said insurance in lieu of maintaining the insurance reserve provided for herein.
1. In the event City elects to terminate this Agreement prior to the end of the five (5)
year term as provided for in section V City agrees to return to County any equipment
purchased with proceeds furnished by the County pursuant to this Agreement.
V. TERM OF AGREEMENT
A. This agreement shall be effective upon execution by both parties and shall remain
in effect for five (5) years, or until terminated by mutual agreement of both parties. By
mutual agreement, this agreement may be extended for another five (5) years. Either party
may terminate this agreement between the dates of March 1 and July I of any year with 90
days written notice to the other party.
B. The CITY shall be responsible for processing all permits or applications for this
area which have not been completed at the time of the termination of this agreement.
C. Except for County's obligation to indemnify City for City's acts or omissions, the
parties' obligations as regards LUBA cases and to indemnify and defend each other
pursuant to Section VI shall survive termination as to any claim arising from the actions of
either party during the term of this Agreement. County's obligations to indemnify City for
City's acts or omissions shall survive only to the extent of claims within two _years of the
termination of this Agreement and to the extent of funds remaining in the insurance
reserve.
URBAN SERVICES INTERGOV'ERNMENTAL AGREE:vtEi 7/TIGARDAVASFIINGTON COUNTY
Paize I I
• •
Vi. HOLD H_ARIMLESS
A. Subject to the limitations of liability for public bodies set forth in the Oregon Tort
Claims Act, ORS 30.260 to 30.300, CITY shall hold harmless and indemnify COUNTY,-
its Commissioners, employees, and volunteers agents against any and all claims, damages,
losses and expenses (including all attorney(s) fees and costs), arising out of or resulting
from CITY's performance of this agreement where the loss or claim is attributable to the
acts or omissions of the CITY, except as provided in section (IV)(B).
B. Subject to the limitations of liability for public bodies set forth in the Oregon Tort
Claims Act, ORS 30.260 to 30.300, County shall hold harmless and indemnify CITY, its
Councilors, employees, agents and volunteers against all claims, damages, losses and
expenses (including all attorney fees and costs) arising out of or resulting from
COUNTY's performance of this agreement where the loss or claim is attributable to the
acts or omissions of COUNTY, except as provided in section (IV)(B).
VII. GENERAL PROVISION
A. SEVERABILITY: COUNTY and CITY agree that if any term or provision of this
contract is declared by a court of competent jurisdiction to be illegal or in conflict with any
law, the validity of the remaining terms and provisions shall not be affected, and the rights
and obligations of the parties shall be construed and enforced as if the contract did not
contain the particular term or provision held to be invalid.
B. THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES RELEVAiNIT TO
THE PURPOSE DESCRIBED HEREIN AND SUPERSEDES ALL PRIOR
AGREEMENTS OR PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER
COMMUNICATION BETWEEN THE PARTIES RELATDiG TO THE SUBJECT
MATTER OF THIS CONTRACT. NO WAIVER, CONSENT, MODIFICATION OR
CHANGE OF TERMS OF THIS CONTRACT WILL BE BINDING ON EITHER
PARTY EXCEPT AS A WRITTEN ADDENDUM SIGNED BY AUTHORIZED
AGENTS OF BOTH PARTIES.
This agreement commences on June 2, 1997_ MI applications or request for permits received by
COUNTY between ilvtav 1, 1997 and June 1. 1997 will be transferred to CITY for all remaining
actions necessary for those applications and permits.
1J'RBAN SERVICES FINTERGOVER Z EN'TAL AGREE."-fEiNTiTIGARD/1VASiII`GTON COUNTY
Page 12
In WITNESS THEREOF, the parties have executed this Urban Services Intergovernmental
Agreement on the date set opposite their signatures.
WASHINGTON COUNTY, OREGON IGARD
By By 7",::- /Z/
Linda Peters Jim Nicoll
Chair, Board of County Commissioners ayor, City of Tigard
Date / rf Date 2// 7
Approved as to form:
ounty 4Counse
PJtw uvwg 0 I vptm i g7(Si7h97)
Approved as to form:
City Attorney
APPROVED WASHINGTON Cou:rry
BOARD C: OOIp~vt~i*.SS~GivE:tS
MINUTE' ORDER x ....../..7
Ddi3 ........5'.
"!URic or T}Hv ARP
URBA.v SERVICES QNTERGOVERINWENiTAL AGREELtE.NT/TIGARD/%VASI-IINGTON COUNTY
Paoe 13
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• •
EXHIBIT 2
Urban Road Maintenance District
Responsibility for services under the MAD shall not take effect until November 1, 1997. CITY
shall provide maintenance of urban roads in the area to keep existing roads in the URMD
consistent with the work program to be negotiated each year and the funding provided by the
District. CITY shall be responsible for responding to citizen complaints from the area concerning
road conditions and maintenance. The funding for the UFLMI) will expire in 1998/1999. The last
day for the imposition of assessment for this Distrct will be November 1999. Once the funding
expires, the duties for urban road maintenance under this District and under this agreement will
cease.
City shall keep a subaccount of all expenditures for repairs and maintenance performed under this
fund.
City shall receive payment from the County from the UMRD in the amount of S 1,620.00 as of
November 1, 1997. This money is for minor maintenance duties for the remainder of the 1996-
1997 year. There after, the City shall receive an amount that will be negotiated between the
parties for a work program for the following year. This amount shall be established during the
annual meeting of the parties as specified in the agreement: Payment shall be made by COUNTY
within thirty days of July 1 each year for the duration of the agreement.
• 0
EXHIBIT 3
Road Fund Maintenance
CITY shall assume responsibility for road maintenance duties described in this exhibit as the Road
Maintenance Program on November 1, 1997. CITY shall provide maintenance of roads in the
area to keep existing roads consistent with the work program to be negotiated each year and the
funding provided by the District. CITY shall be responsible for responding to citizen complaints
from the area concerning road conditions and maintenance.
CITY shall keep a subaccount of all expenditures for repairs and maintenance performed under
this fund.
CITY shall receive payment from the COUNTY from the COUNTY Road Fund in the amount of
S41,343.00 as of November 1, 1997. Thereafter, the CITY and COUNTY shall mutually agree
upon a work program and an amount to be received for such work program for the following
fiscal year at the annual meeting of the parties.
Road Maintenance Program
There are 44.95 miles of road to be maintained in the transfer area with 30.07 miles of local roads,
4.1-4 miles of minor collector roads and 10.64 miles of major collector roads respectively. Road
maintenance is scheduled and service requests prioritized as per the county's road prioritization
policy. The COUNTY's Road Maintenance Priority Policy provides guidelines for allocation of
our maintenance funds. These guidelines shall be used to help establish the yearly work program
for the area. The policy defines various maintenance activities by type, ranging from legally
mandated services, to total reconstruction. A numerical value is assigned to each activity based
on the road's functional classification with major arterial and collectors given first priority for
general maintenance. tMinor collectors and local roads are given a higher level of service with the
passing of the UR.vID program, however without renewal the maintenance service on these roads
will follow our priority matrix and receive emergency and hazard abatement only.
Emergencies and hazards are given top priority, for example all stop signs and stop ahead signs
damaged or down are repaired within two hours of notification. For collector roads that are both
in area, as well as the unincorporated portion of Washington County, CITY shall assume full
maintenance responsibility. (Example: Bull Mountain Road). Development affecting the arterials
and collector streets within the transfer limits has already happened and appears to be "built out".
Traffic Operations Program
Traffic Operations provides support to include analyzing traffic control device warrants to insure and
enhance roadwav safety. Also prodded are traffic analvsis, studies, reports and pre-marking services
as necessary. Traffic Operations staff support the Neighborhood Traffic Calming Program by
conducting traffic studies and obtaining tragic count data. Staff work with individuals and citizen
groups to address neighborhood livability issues and implement traffic enhancements. A 35,452.00
allowance has been provided for this purpose. Neighborhoods requesting traffic calming shall be
ranked and prioritized as per CITY's current method. An amount of 57,500 shall be used for projects
that would normally qualify under CITY's program. Funds may also be used for education tools such
as readerboards, banners, and community outreach.
The Mountain Gate Subdivision has requested traffic calming in their neighborhood. Under
COUNTY's current program they do not rank high enough to qualify for funding. The Homeowners
Association has verbally agreed to pay for traffic calming improvement themselves. It is
recommended that CITY complete any necessary staff work and engineering development to get this
project off the ground.
Might Road Logs: To ensure a high standard for maintenance of signs and striping, CITY shall
conduct night road logs checking for reflectivity once a year on arterials and collector roads. This
is accomplished with 2 employees working as a team, covering an average of 55 lane miles per night
or 7 lane miles per hour.
Street Name I Limits I Mileage
115th Avenue
Fonner Street to City Limits
00.13
121 st Avenue
Walnut Street to Gaarde
01.66
Street
131 st Avenue
Beef Bend Road to Fischer
01.06
Road
150th avenue
Sunrise Lane to Beef Bend
02.32
Road
Bull Mountain Road
Highway 99W to Beef Bend
06.13
Road
Fischer Road
Hiehwav 99W to 131st
V
01.36
Avenue
Former Street
Walnut Street to 1= 1st
01.66
Avenue
Gaarde Street
City Limits to 121st Avenue
00.89
•
Roshak Road Bull Mountain Road to End 00.56
o f AC
Tiedeman Avenue I Walnut Street
00.03
Walnut Street I 106th Avenue to 135th I 03.16
Avenue
19.06 lane miles
Station Counts: In order to track traffic trends and monitor the level of service, CITY shall conduct
counts at the following established stations. Average cost during the 95/96 fiscal year was 563.97
per count.
Street Name
Cross Street
Location
150th avenue
Beef Bend Road
.3N 9439
Bull Viountain Road
150th Avenue
AE 9403
Walnut Street
122nd Avenue
l W 9438.
Traffic Maintenance Program
Striping and Stencils: No work proposed for this fiscal year.
Vegetation Program: No work proposed for this fiscal year. A minimal pavment of 53,000.00
for incidental brush removal.
Drainage Program
Drainage requests, including emergency situations are currently handled by the Unified Sewerage
Aizencv. The major collector roads are not scheduled for ditching until the 1999/2000 fiscal year.
However. an S6.000.00 budget will be transferred to CITY for drainage maintenance, emergency
response and additional citizen requests not currently identified by USA. The following work
program shall be completed for the upcoming fiscal year by CITY:
1. Bull ytountain Road: Ditch south from Roshack Road and install rip-
raD in ditch as needed.
2. Bull Mountain Road: Reshape ditch and install shoulder rock at
1 16 70 SW Bull Mountain Road mailbox installed in flowline of ditch, light
flooding of property.
3. 150th Avenue: Light ditch work at 14400 SW 150th Avenue,
homeowner mailbox located in ditch blocking flow.
4. 121st Avenue & Walnut Street: Spot ditching at inlets and outlets of
the driveways and road crossing tiles.
EXHIBIT 4
Maintenance Local Improvement Districts
As of May 1, 1997, CITY shall impose a condition on any land use application requiring the
creation of roads, for the establishment of a Maintenance Local Improvement District. CITY
responsibility for service under the Maintenance Local Improvement Districts shall not commence
to November 1, 1997. As of this date, CITY shall provide maintenance of roads covered under
applicable Maintenance Local Improvement Districts in the area following a work program as
mutually agreed to by the parties. CITY shall be responsible for responding to citizen complaints
from the area concerning road conditions and maintenance.
CITY shall keep a subaccount of all expenditures for repairs and maintenance performed under
this fund.
CITY shall not receive any payments from the COUNTY from the Maintenance Local
Improvement Districts for 1996-1997 year. There alter, the CITY shall receive an amount that
will be negotiated between the parties for a work program for the following year. This amount
shall be established during the annual meeting of the parties as specified in the agreement.
Payment shall be made by COUNTY within thirty days of July I each year for the duration of the
agreement.
•
EXHIB(T 5
Traffic Impact Fees
•
CITY shall assume responsibility for collecting traffic impact fees for the area as of date of the
agreement. Funds shall be spent for projects in the area as determined by CITY working with the
COUNTY in conjunction with the Washington County Coordinating Committee. A work
program shall be established for the area by the parties for the area at the annual meeting of the
parties. Funds allocated from the TIF shall used to finance the agreed upon work program.
CITY shall keep a subaccount of all expenditures for improvement made under this fund.
CITY shall collect these fees and shall be responsible for all accounting and auditing for these
fees.
• •
EXHIBIT 6
Code Enforcement
CITY shall assume responsibility for code enforcement as of the date of this agreement. CITY
shall enforce codes and respond to citizens complaints and prosecute violators for violations of
Washington County Code Articles VIII and IX (Ordinances 487 and 488). CITY shall keep a log
of all complaints and the response time to these complaints as well as the results of the
complaints. CITY shall keep all tines levied from violators.
County shall pay a base amount of S 15,000.00 with this amount being transferred to the CITY on
May 1, 1997. At the end of the fiscal year 1997-1998, if CITY has responded to more than 71
cases in the area COUNTY shall pay an additional amount of S 150.00 for each case not to exceed
530,000.00.
APPENDLY 1
File, Document & Computer Data Transfers
• FEMA Maps
• County Zoning Map
• County Assessor's Tax Maps (two sets)
♦ Subdivision Plats
♦ Address maps
♦ County Assessor's Property Owners List (including those within 250' of
Urban Services Boundary)
♦ County Comp Plan Map and Transportation Plan Map (Modification of
original Transportation Plan to identify all new collectors and proposed
collectors.)
♦ Benchmark Map & Description (include both Tigard and Urban Services
Area)
♦ Full-size Street Map with index and parcels (include both Tigard and
Urban Services area)
♦ As-built Drawings for Public Streets and Subdivisions
♦ Electronic Download of Sierra Permit Information
♦ Digital Orthophotos
• Detailed Natural Resource Information (if available)
♦ Identification of Special Problem Areas
♦ Contact names and phone numbers of Washington County staff
16 12:4Fi 1996 FRO61: 503 248 9055
•'%!9'16/S6 LEON 12:39 FAX 503 9085 PRESTON
r
TO: 2473
Low RIVED pif NING
SEP13 m6
FAGS: 2
Z002
f7( (\j P~~
ATTACHMENT 5
(kV ORDINANCE ADOPTING A ATEW ARTICLE
(VIII FOR THE WASHINGTON COLTITY
ORDINANCE NO. 487 (DEVELOPMEN'T CODE AMENDING THE REST
(TIGARD CONMIUNITY PLAN AND THE BULL
(MOUNTAIN CUM UNITY PLAN
The Board of County Commissioners for Washington County, Oregon ordains:
Section 1.
A Washington County (County) currently provides a variety of services to that area of
unincorporated land generally described in the West Tigard Community Plan, and the Bull Mountain
Community Plan, including Walnut Island and an area north of the Tualatin River and East of I[ighway
99, but excluding the area immediately adjacent to King City, all as more particularly described iin the
attached Exhibit 1 map and Exhibit IA legal description incorporated herein by reference below. This
area is hereineLer re. rr ed to as "affected area."
B. The County desires to adopt the City planning and zoning regulations, with L-nited exceptions
more specifically established in the attached Exhibit 4, to govern land and certain other uses End activities
within the affected area. These new planning and zoning regulations shall become Article VIII of the
Washington County Community Development Code. The City regulations adopted by this Ordinance
includes regulations governing planning and zoning, including the City enforcement methodology; and
C. V►rth the adoption of this Ordinance, the County is establishing a framework to delegate and
transfer to the City of Tigard (City) responsibility for provision of certain urban services to provide more
efficient public service to the citizens of the affected area, the City and County, through the mechanism of
an intergovernmental agreement implementing this Ordinance. The services to be transferred and
delegated to the City through an intergovernmental agreement to follow adoption of this Ordinance
include quasi-judicial and ministerial planning services, including the issuance of development decisions
and code enforcement services.
D. - The County and City have determined transfer and delegation of such services from the County to
the City will provide more efficient urban services, including planning services, to the affected area, and
E. In order to accomplish an effective and efficient delegation and transfer of senice provision and
responsibility in the manner contemplated, the local regulations applicable to the affected area mast be
reasonably uniform and changes to the County's Community Development Code are required; and
F. It is most uniform and efficient for the City to administer its own regulations, and other relevant
standards with minimal County regulatory overlap, which City planning regulations are acknowledged as
being in compliance with the Statewide Planning Goals and changes to the County's Community
Development Code are required; and
G. The existing West Tigard Community Plan recognizes the desirability of coordinated planning
functions with the City, and ;
Page 1 - ORDINANCE NO. 487
' 11R'~y.~➢~PdQ W,TWA911.DOC
ctio Z;'Zo iv: C4id F:AG'c. 3
09/16/96 MON 12:41 FAX 50 8 9065 PRESTON LAW FIRM • Z003
H. A portion of the affected area is within the City's Active Planning Area. In this area outside of
the City* limits, the County makes decisions on individual development proposals, zoning and public
improvement projects, with the City having a right of review and comment on such proposals and
projects; and
.L The existing urban planning area agreement (UPAA) between the City and County calls for
cooperative efforts between the City and County governments to provide efficient and high quality
services to the citizens of both jurisdictions and this agreement will be amended to effectuate this
Ordinance and the UPAA is hereby amended to the extent necessary to reflect the Ordinance amendments
herein established; and
J. Under ORS 195.060 to 195.085, urban services agreements are authorized between urban service
providers governing the provision of certain urban services including parks, open space, recreation and
streets, roads and mass transit; and
K. Under ORS 215.170, the City and County are authorized to jointly agree on the management of
land located within the Urban Growth Boundary, and
L. Under ORS Chapter 190, the County is authorized to transfer and delegate to the City by
agreement certain functions otherwise provided by the County in order to provide efficient public service;
and
M The City has functionally equivalent plan and zoning designations to be applied to the affected
area because of the historic coordination between the County and the City, among other things. No
Statewide Planning Goal (Goal) impacts, either direct or secondary, will occur as a result of the adoption
of this Ordinance, as the affected area will be moved from one Goal complying zone. of a particular
classification (i.e., residential to residential, industrial to industrial) to another. The County's adoption of
the most equivalent City plan designation and zoning district for the affected area ensures no direct or
secondary Goal impacts.
N. The County Board of Commissioners initiated this action prior to September 1, 1996 and,
therefore, the County does not intend the adoption of this Ordinance to trigger the new Goal 5 rule,
effective on September 1, 1996. In a telepbone conversation with the Land Use and Transportation
Department Director, the DLCD Director confirmed this.understanding; and
0. The County Counsel is hereby authorized to codify this Ordinance as is deemed appropriate by
counsel and to make such administrative revisions as required to effectuate proper codification.
hemat:
The following exhjbits, are attached and incorporated herein by this reference as if fully set forth
A- Exhibit 1:. Land Use and Zoning Map of Affected Area
B. Exhibit IA- Gereral Legal Description of Affected Area of Ordinance 487
Page 2 - ORDINANCE NO. 487
JAV61KkX"M5- O.0=WASH1DOC
CG/16 12:48 1996 FROM: 503 246 9065 TO: 2473 PAGE: 4
'09/16/,96 MON 12:42 FAX 503 9055 PRESTO'S L4R FIRM • IjO04
C. Exhibit 2: Goal 5 and NTatural Area Map for Unincorporated City of Tigard Area
D. Exhibit 3; County District B Boundary and Areas of Special Concern for Unincorporated
Tigard Area
E. Exhibit 4: Text of Article VIII Amendments to County Community Development Code
F. Exhibit 5: City of Tigard Community Development Code (Title 18)
G. Exhibit 6: City of Tigard Comprehensive Plan
Section 3. Effective Date; Implementation
This Ordinance is effective thirty (30) days after the date of enactment, specified below. This
Ordinance shall apply only to development and applications for development submitted, initiated or
commenced, as more specifically provided in Exhibit 4, on or after May 1, 1997.
ENACTED this _ day of 1996, being the reading and
public hearing before the Board of County Commissioners of Washington County,
Oregon.
BOARD OF COUNTY COHI USSIONER.S
FOR WASHINGTON COUNTY, OREGON
RECORDING SECRETARY
READING
First
Second
Third
Fourth
Recording Secretary:
Date:
Page 3 - ORDINANCE NO. 487
PUBLIC DARING
J,a.tauo+om. Asl-,moc
09/16/96 MON 12:42 FAX 503 9055 PRESTON L4R FIRM L 00S
ORDINANCE No. 487
EXHIBIT 4
SEPTEMBER 9, 1996
N .
ARTICLE VIII LAND USE A- ,D ZO1`TL~IG FOR CERTAIN PORTIONS OF
UNINCORPORATED CITY OF TIGARD AREA
801-1 Intent and Purpose
The purpose of this Article VIII is to establish the regulations applicable to that area of
land generally described in the County s west Tigard Community Plan and the Bull Mountain
`Community Plan, including Walnut Island and an area north of the Tualatin River and East of
Highway 99, but excluding the area immediately adjacent to King City, all as more specifically
established on the map attached as Exhibit 1 to this Ordinance, on the legal description attached
as Exhibit IA (affected area).
801-2- Scone
801-2.1 Applicability
Land and structures within the affected area may be developed only in a manner consistent
with this Ordinance. This Ordinance applies to any person developing land and structures and to
the successors in interest of such persons and to any process associated with such development.
801-2-2 Application Submission
All applications for any local government approval of any kind within the scope of this
Ordinance shall be submitted for review and approval or denial, together with the appropriate
application or other fee required by resolution adopted under the procedure set forth in this
Ordinance.
801-3 Transition
801-3.1 This Ordinance applies to all applications and actions falling within
its scope or commenced or initiated on or after May 1, 1997. Applications within the scope of
this Ordinance submitted to the County prior to May 1, 1997 and which arc also subject to ORS
215.428, shall be processed under the regulations in effect at the time the application was first
submitted, unless the applicant provides a written request to the County that this Ordinance apply
to the pending applications and including a waiver of the 120-day processing limitation provided
in ORS 215.428 adequate to enable a final local decision on the pending application under the
regulations imposed by this Ordinance, which includes all local appeals.
801-3.2 The determination regarding the adequacy of the applicant's
requested waiver of the above referenced 120-day limitation period shall be made in the sole
discretion of the County or its designee, which designation may be expressed by an implementing
intergovernmental agreement or other means, and shall not be subject to any local appeaL The
determination regarding the adequacy of the applicant's proposed 120-day waiver shall be
reviewable only as provided in ORS 34.010 to 34.100.
Page 1 - EXHIBIT 4 to ORDINANCE NO. 487
11q~L7W;..2W ASWCl
09116 12:50 1996 FRO41,: 50; cob ia065 i0: 24 /'3 6
•_09/16/96 VON 12:44 F.4Z 503 9055 PRESTON L4F FIRM • 006
ORDINANCE No. 487
EXHIBIT 4
SEPTEMBER 9, 1996
801-3.3 Where County development approval has been previously granted
or a building permit issued prior to the effective date of this Ordinance, the approval or building
permit for which such prior County approval has been granted is subject only to those County
standards governing such approval or permit on the date approval is finally granted or such
building permit is finally issued. Provided, however, alleged violations of such County standards
shall be prosecuted under the code enforcement, nuisance and other administrative provisions
adopted by this or other Ordinance specifically governing the affected area. Nothing in this
Ordinance is intended to prevent ORS 215.428 from governing the standards applied to evaluate
certain applications, as required by law.
801-4 Replacement
801-4.1 As specified herein, this Ordinance replaces the masting
)h7ashington County Community Development Code standards applicable to all development and
development proposals within the scope of this Ordinance and within the affected area, with the
City of Tigard Community Development Plan. Specifically, this Ordinance replaces the Maps of
the West Tigard Community Plan and the Bull Mountain Community Plan with Exhibit 1 and 3; 4
replaces the County Comprehensive Framework Plan with the City of Tigard Comprehensive
Plan, including the City Comprehensive plan background documents, provided however, the
Framework plan shall apply to quasi-judicial plan amendments.
801-4.2 All inconsistent County regulations, including Community
Development Code provisions, whether adopted by Ordinance or resolution, are hereby
determined to be inapplicable to development and application for development within the affected
area, that are also within the scope of this Ordinance. The determination of inconsistency shall be
made by the applicable County decisionmal:er, unless such authority is delegated and transferred
to a City authority pursuant to an implementing Intergovernmental Agreement. AD City
regulations adopted by this Ordinance hereby become regulations of the County and, therefore,
are deemed part of this CDC Article VIII.
801-5 Interpretation
Questions regarding the regulations or plan provisions applicable to individual
development and applications therefore, and to what extent such regulations or plan provisions
apply, shall be resolved by the decisionmaker to whom such request is directed.
801-6 Definitions
801-6.1 Generally: The definitions contained in the City regulations
specifically adopted by this Ordinance shall apply to all matters governed by this Ordinance.
801-6.2 Application: Means any request for a local action of a type falling
within the scope of this ordinance.
Page 2 - EXHIBIT 4 to ORDINANCE NO. 487
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ORDINANCE No. 487
EJ{FBrr 4
SEPTEMBER 9, 1996
801-6.3 City: Means the City of Tigard. However, where the word "City"
appears in a City of Tigard Ordinance provision herein adopted, the word "City" shall mean
County, but nothing shall prohibit the County from transferring and delegating such authority to
the City by means of an implementing intergovernmental agreement pursuant to the provisions of
ORS chapter 190.
801-6.4 City Administrator: Means the City Administrator for the City of
Tigard. However, where used in a City Ordinance provision adopted by this Ordinance, City
Administrator shall mean County Administrator. Provided however, nothing shall prohibit the
County from transferring and delegating such authority to the City by means of an implementing
intergovernmental agreement pursuant to the provisions of ORS chapter 190.
801-.6.5 City Attorney: Means an attorney representing the interests of the
City of Tigard. However, where used in a City Ordinance provision adopted by this Ordinance,
City Attorney shall mean County Counsel. Provided, however, nothing shall prohibit the County
from transferring and delegating such authority to the City by means of an implementing
intergovernmental agreement pursuant to the provisions of ORS chapter 190.
801-6.6 City Employee: Means an employee of the City of Tigard.
However, where used in a City Ordinance provision adopted by this Ordinance, City Employee
shall mean County Employee. Provided, however, nothing shall prohibit the County from
transferring and delegating such authority to the City by means of an implementing
intergovernmental agreement pursuant to the provisions of ORS chapter 190.
801-6.7 City Finance Director: Means the finance director of the City of
Tigard. However, where used in a City ordinance provision adopted by the County in this
Ordinance, shall mean County Finance Director. Provided however, nothing shall prohibit the
County from transferring and delegating such authority to the City by means of an implementing
intergovernmental agreement pursuant to the provisions of ORS chapter 190.
801-6.8 City Council: Means the City of Tigard City Council. However,
where used in a City Ordinance provision adopted by the County in this Ordinance, the word
Council or City Council shall mean Commissioners or County Commissioners. Provided,
however, nothing shall prohibit the County from transferring and delegating such authority to the
City by means of an implementing intergovernmental agreement pursuant to the provisions of
ORS chapter 190.
801-6.9 County: Means Washington County. Provided however, nothing
in this Ordinance nothing shall prohibit the County from transferring and delegating authority to
the City by means of an implementing intergovernmental agreement pursuant to the provisions of
ORS chapter 190.
801-6.10 Community Development Director: Means the Community
Development Director for the City of Tigard. Where used in a City Ordinance provision adopted
by the County in this Ordinance, the words Community Development Director shall mean the
Page 3 - EXHMIT 4 to ORDINANCE NO. 487
091-lb i Y:32 l ewo rnut': D-1 4. O '1u03 i u: 41 i o ;-";Z:. O
'•09/16/9,6 VON 12:46 F.4Z 503 9oss PRESTON L4W FIRM • 1Z 008
ORDINANCE No. 487
F-NMrr 4
SEPTEMBER 9, 1996
Washington County Director of Land Use and Transportation. Provided, however, nothing shall
prohibit the County from transferring and delegating such authority to the City Community
Development Director or other City authority by means of an implementing intergovernmental
agreement pursuant to the provisions of ORS chapter 190.
801-6.11 Development: Means any building or mining operation, making a
material change in the use or appearance of a structure or land, dividing land into two or more
parcels or lots, including partitions and subdivisions as provided in ORS 92.
801-6.12 Hearings Ofncer: Where used in a City Ordinance provision
adopted by the County in this Ordinance, the word Hearings Officer or Hearings Official shall
mean the Washington County Hearings Officer or Hearings Official. Provided, however, nothing
shall prohibit the County from transferring and delegating such authority to the City Hearings
Officer or other City authority by means of an implementing intergovernmental agreement
pursuant to the provisions of ORS chapter 190.
801-6.13 Planning Commission: Where used in a City Ordinance provision
adopted by the County in this Ordinance, the word Planning Commission shall mean the
Washington County Planning Commission. Provided however, nothing shall prohibit the County
from transfemng and delegating such authority to the City Planning Commission or other City
authority by means of an implementing intergovernmental agreement pursuant to the provisions of
ORS chapter 190.
801-6.14 Roads: Means any public aay designed for use by vehicular traffic
including automobiles, motorcycles, trucks, transit and bicycles, including rights of way.
801-7 Consistency with Plan and Laws
801-7.1_ Consistency with State and Federal Law
It is intended that this Ordinance be consistent with applicable state and federal law. To
the extent that provisions of state or federal law are determined to have mandatory application to
the affected. area and to any application or activity otherwise governed by this Ordinance, the
mandatory, applicable state or federal law shall be applied as if fully set forth hereat.
801-7.2 Consistency with Statewide Planning Goals
This Ordinance involves land subject to three types of County land use districts and
designations. These zoning districts are Residential, Industrial and two County overlay districts -
the District B Overlay and the Area of Special Concern Overlay. The District B overlay and Area
of Special Concern overlay continue to apply, unchanged.
Page 4 - EXHIBIT 4 to ORDINANCE NO. 487
11g^..3:11S961AR•ASI{2DOC
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1996
FROG::
533 248
9565 TO: 2473
FAGS: 9
` 09716/96
VON 12:47
FAX 503
2065
PRESTON LAW FIRM
~ ®009
ORDINANCE No. 487
DhaiMrr 4
SEPTSt.'IBER 9, 1996
The City and County plan designations and zoning districts at issue here (Residential and
Industrial) are functional equivalents in all respects, including for purposes of County Statewide
Planning Goal (Goal) compliance. Both the County and City Residential and Industrial zoning
districts and plan designations are acknowledged as being in compliance with the Goals by the
Land Conservation and Development Department.
With regard to the Residential designations and districts, this Ordinance is neutral
with regard to the County's Goal 10 (Housing) compliance. There are no direct or secondary
effects on the Board's continued Goal 10 compliance. This is because after review, the County
interprets its acknowledged County residential designations and districts to authorize and support
equivalent housing opportunities, both in type and cost, to those City designations and districts
herein adopted. Regarding other Goals, no goal impact, either direct or secondary will occur by
the change from acknowledged County designations and districts to City designations and
districts. Equivalent opportunities with respect to citizen involvement, open spaces, air, land and
water quality and quantity, economic opportunities and access thereto, recreation, public facilities
and services and transportation are provided under the adopted City designations and districts, as
was available under the County designations and districts herein replaced. No changes to safety
and natural disaster awareness or health issues are made or presented by this Ordinance. The area
is within the Metro UGB and, therefore, is presumptively available for urbanization. In any case,
the acknowledged County designations and districts were acknovdedged at urban densities for
urban level uses, and continue to be available for the same.
The County Industrial zoning district and plan designation is at issue within the affected
area only with respect to a single, particular property (subject property). This County Industrial
zoning is replaced with the City's Light Industrial District and corresponding City plan
designation. The Board interprets its own code to mean, for Goal compliance purposes, the only
meaningful difference between the City Light Industrial zone district and plan designation and the
County's Industrial zone and plan designation, is the City's Light Industrial zone (LI) allows
convenience sales, and the County Industrial District does not. However, as with the Residential
districts and designations, both County Industrial and City LI district and designations are
acknowledged as being in compliance with the Goals and both can be, and are, equally applied to
the subject property without any adverse direct or secondary effects on County Goal compliance.
Under either the County Industrial or City LI plan designation and zoning district, the subject
property may be utilized for industrial purposes. Moreover, the subject property is substantially
limited by a 100-year flood plain identified on Federal Emergency Management (FEMA) maps as
covering approximately 3/4 of the subject property. This would be a substantial limitation on the
development of the subject property for heavier industrial uses in any case. In addition, the
subject property is currently being considered for acquisition by the Unified Sewerage Agency for
public purposes, which purposes may not directly contribute to the economy of the County or
State or the County's industrial base. The subject property is not within an industrial park and is
not specifically relied upon by the County or identified by it as a significant County industrial land
asset. The County specifically interprets its own code to mean the extent of the subject land's
suitability for County industrial purposes in any case is consistent, for Goal 9 compliance
purposes, with the uses authorized under the City LI district and plan designation_ There is no
Goal 9 (Economy of the State) or other direct or secondary Goal impact from applying the City's
Page 5 - EXHIBIT 4 to ORDINANCE NO. 487
JAW" X%3N40-2%WASW-DW
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09%16/96 MON 12:49 FAX 503 085 PRESTON' L9ti FIRM .
ORDINANCE No. 487
EXHIBIT 4
SEPTEMBER 9, 19%
LI zoning district to the subject property.
. The County's Goal 5 inventory and program are entirely preserved by this Ordinance.
Therefore there are no Goal 5 impacts, wbether direct or secondary, from the adoption of this
Ordinance. Furthermore, because this Ordinance was initiated prior to the effective date of the
new Goal 5 administrative rules, the County is not required to apply the newly revised Goal 5
Bdminis atiive regulations, in any case.
There are no Goal 12 (Transportation) impacts, either direct or secondary, as no
transportation facility or standards is affected in a way affecting the County's Goal 12 compliance
by the County's legislative adoption of acknowledged City regulations herein and the adoption of
functionally equivalent City zoning districts and designations to the affected area.
In sum this Ordinance triggers no Goals and has no other direct or secondary. Goal
effects. This is because acknowledged County and City Goal programs are preserved and
effective and, where changed, the Board interprets its own code to mean the replacement
regulations are substantially similar to those replaced. This Ordinance simply provides a means
for intergovernmental cooperation in an effort to provide more efficient and cost effective public
service to the citizens of the affected area as well as the City of Tigard and Washington County.
801-7.3 Consistency with County Charter
This ordinance is intended to be consistent with the adopted County Charter. In the event
of a determination of inconsistency, the charter shall control.
801-7.4 Comprehensive Plan
This Ordinance does not amend or alter the applicability of the text of either the Bull
Mountain or the West Tigard Community Plan. It amends only the maps of these two community
plans to apply the functionally equivalent zoning districts and plan designations of the City of
Tigard to these areas, as shown on the attached Exhibit 1 map, which map contains land more
particularly described on the attached Exhibit 1A legal description, both of which are herein
incorporated. Provided, however, the Bull Mountain Community Plan resource overlay districts
(District B and Areas of Special Concern) are preserved and carried forward in this Ordinance as
shown on the attached Exhibit 3 also herein incorporated. The Board specifically interprets the
amended maps to be consistent with the West Tigard and Bull Mountain Community Plans
governing the affected area.
The Board specifically interprets this Ordinance as being consistent with the County
Comprehensive Framework Plan because the Framework plan is implemented through the
community plans with which the this Ordinance is consistent. Because it does not apply to
non-plan amendment individual decisions, the Framework Plan is replaced by the City
Comprehensive plan provisions, provided however, the Framework plan shall continue to apply to
quasi-judicial plan amendments. In addition, the imported City zoning districts and approval
standards are functional equivalents of those of the County. The proposal is also consistent with
the County Transportation plan governing the affected area as the County Transportation plan, to
Q 010
Page 6 - EXHIBIT 4 to ORDINANCE NO. 487
' »wuvs~a.nww~anoc
09'/16/96 MON 12:50 FAX 503 29055 PRESTON LkW FIRM • ~j011
ORDINANCE No. 487
EXHIBrr 4
SEFTEMBER 9, 1996
the extent it applies to individual decisions, applies unchanged in the manner stated in the Bull
Mountain Community Plan.
801-8 Land Use Related Standards Applicable to the Affected Area
801-8.1 Roads and sidewalks
The City's Title 15.04 "Streets and Sidewalks" is hereby adopted by the County as if fully
set forth hereat as local regulatory standards applicable to streets and sidewalks within the.
affected area, as those terms are defined by the City of Tigard Municipal Code. These provisions
are supplementary to those Street and Utility and.Improvement Standards specified in City of
Tigard Community Development Code Title 18.164, also incorporated herein, as specified below.
801-8.2 Zoning and Planning
The following County land use designations and districts within the affected area are replaced by
the following City land use designations and districts The West Tigard Conununity Plan and Buii
Mountain Community Plan maps and any other maps covering the affected area, are hereby
amended to reflect the following designations and districts, in addition to reflecting the herein
preserved County overlay districts (District B and Areas of Special Concern) shown on attached
Exhibit 3. Exhibit 1 reflects the following designations and districts:
Land Use District/Plan Designation
Washington County
City of Tigard
City of Tigard
Land Use
Zoning
Plan Designation
Districts/Plan
Designation
R-5 Res. 5 units
R-4.5 SFR 7,500 sq ft
Low density 1-5 units
/acre
/ acre
R-6 Res. 6 units
R-7 SFR. 5,000 sq ft
Medium density 6-12
/acre
units / acre
R-9 Res. 9 units
R-12 Multi-family 12
Medium density 6-12
/acre
units / acre
units / acre
R-12 Res. 12 units
R-12 Multi-family 12
Medium density '6-12
/acre
units / acre
units / acre
R-15 Res. 15 units
R-25 Multi-family 25
Medium-High density
/acre
units / acre
13-25 units / acre
R-24 Res. 24 units
R-25 Multi-family 25
Medium-High density
/acre
units / acre
13-25 units / acre
IND - Industrial
I- L Light Industrial
Light Industrial
Page 7 - EXHIBIT 4 to ORDINANCE NO. 487
»au'vs9wsw•tisaDOC
09/16/96 MON 12:51 FAX 503 2*065 PRESTON LAW FIRM •
ORDINANCE No. 487
F3=1T 4
SEPTEMBM 9, 1996
801-8.2.1 Adopting City of Tigard Community Development Code Title 18
A. Except as specifically provided to the contrary in this Ordinance, both the City's
Title 18 "Community Development Code' and the City Comprehensive Plan in effect on
October 31, 1996, are hereby adopted by the County as the sole local regulatory standards,
background, justification and guidance applicable to applications for any and all land uses
requiring ministerial or quasi-judicial decision making within the affected area, as if such
standards, background, justification and guidance were fully set forth hereat.
B. County Technical Assistance
County employees shall provide requested technical assistance to City Officials applying
the County Ordinance provisions established. below, according to a methodology mutually
established by the County and City in an implementing intergovernmental agreement.
1. Legislative Docisio=ak4mg
(a) The Washington County Community Development Code (CDC)
provisions and County Comprehensive Plan provisions governing legislative decisionmaldng
continue to apply to the affected area and such legislative decisionmaking within the affected area
may only be undertaken by the County in the manner specified in the CDC and County
Comprehensive Plan provisions.
(b) The County shall coordinate all legislative decisions in the affected
area with the City and shall consider all City suggestions. The manner in which such coordination
shall be accomplished Aill be specified in the implementing intergovernmental agreement.
2. West Tigard Community Plan and Bull Mountain Community Plan Text
The textual provisions in the County West Tigard Community Plan and the Bull Mountain
Community Plan continue to apply to the affected area in the same manner as before enactment
and implementation of this Ordinance. Provided, however, the Comprehensive Framework plan
shall not apply to individual permit decisions made regarding development and proposals for
development within the affected area, because the Board hereby interprets the Comprehensive
Framework Plan as applicable only to quasi-judicial plan amendments and as guidance in the
adoption of community plans and * accompanying maps and zoning ordinances. The
Comprehensive Framework plan shall continue to apply to applications for quasi-judicial plan
amendments.
Rezoning Affected Area, Amendment to Community Plan Maps
The affected area is hereby rezoned to the City zoning districts and City plan designations
as established on Exhibit 1 and in a manner preserving the Bull Mountain Community Plan
District B overlay district and the Areas of Special Concern, as shown on the attached Exhibit 3.
The Board specifically determines and interprets its CDC, Comprehensive Framework and
Community Plans to establish the City zoning districts and plan designations imposed under this
Ordinance and shown on Exhibit l are functional equivalents of the County land use standards,
Z012
Page 8 - EXHIBIT 4 to ORDINANCE NO. 487
J1R'.JC~119aD:~R'AS7;.LYJC
ua/ 10 I L.JZI 1 170 fnvhl. JvU L~U ~vCJ U. L t U J
-09/16/96 YON.12:52 FAX 503 2is 065 PRESTON LkW FIRM • R)013
ORDINANCE No. 487
EXHIBIT 4
SEPTEMBER 9,19%
districts and designations previously applied to the affected area. The Maps of the West Tigard
Community Plan and the Bull Mountain Community Plan are hereby amended to conform to the
designations and districts imposed under this Ordinance and its Exhibit 1 as well as Exhibit 3.
4. Nonconforming Uses.
The CDC 440 provisions governing nonconforming uses shall be the sole local standards
governing all nonconforming uses within the affected area, including any uses becoming
nonconforming as a result of the adoption of this Ordinance. Applications concerning
nonconforming uses shall be subject to the process herein adopted specified in the Tigard Zoning
Code Title 18 to which City nonconforming uses are subject.
5. Acknowledged County Goal 5 Standards
The County has identified certain Goal 5 resources on particular land within the affected
area. These identified Goal 5 resources are shown on the attached Exhibit 2, which exhibit is
attached hereto and incorporated herein by this reference The County designation of land as
having a Goal 5 resource, including any such future designations, any development and approval
standards from the CDC, Comprehensive and Community Plans applicable to these Goal 5
resources shall continue to apply, notwithstanding that the affected area is hereby rezoned to City
zoning districts and planning designations. In this regard, the County specifically determines the
County District B overlay shall continue to apply to the affected area as shown on the attached
Exhibit 3. In addition, the County Areas of Special Concern shown on the attached Exhibit 3
shall also continue to apply to the affected area Review of applications subject to, and resolution
of issues regarding, County Goal 5 inventory and County Goal 5 implementing standards shall
follow City procedures applicable to "Sensitive Lands" as specified in Title 18 of the Tigard
Zoning Code, adopted herein. .
6. Home Occupations
The City's regulations applicable to Home Occupations are hereby adopted by the County,
except that the following additional CDC standards shall be applied to all applications concerning
Home Occupations:
(a) Outside storage of inventory, equipment, vehicles or other items
associated with the Home Occupation is prohibited; and
(b) Distribution of materials or sales of any kind outside of the home
and structures accessory to the home is prohibited; and
(c) Parking of a commercial vehicle used as part of the home
occupation, including a truck or fifth wheel, tractor or trailer of any
kind, is prohibited.
Page 9 - EX MIT 4 to ORDINANCE NO. 487
l1WUN5WD.VWASW-DW
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1998
FROkl:
503
248 9085
TO: 2473 PAGE: 14
09/16/98
MON 12:54
FAX 503
2085
PRESTON
L4
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,
• 014
ORDINANCE No. 487
EXH3BTT 4
SEPTEMBER 9. 1996
801-9 Severabiiity
If any portion of this Ordinance is for any reason determined to be invalid or
unconstitutional by any court or administrative tribunal having jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such determination shall not affect the
validity of the remaining portions of this Ordinance, which shall continue to have full force and
effect.
V
Page 10 - EXHIBIT 4 to ORDINANCE NO. 487
r.WLXUXw2%WAKH1J c
0
Exhibit 1A
*EXHIBIT 1 A
The area affected by Ordinance 487 is described as follows: That area of urban
unincorporated Washington County bounded by the south row line of Scholls
Ferry Road to the north, the urban growth boundary line to the west, the north row
line of Beef Bend Road to the south for the areas commonly known as Bull
Mountain and Walnut Island areas; and those areas of urban unincorporated
Washington County bounded by Highway 99W to the west, the Tualatin River to
the south and the City of Tigard's corporate boundary to the north and east.
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EXHIBIT 2
Unincorporated Tigard area
GOAL 5 &
NATURAL AREAS
Goal 5 designations
O Open space
Significant Natural Area
Water Area and Wetland
® Water Area/wetland&
Fish & Wildlife Habitat
■ Wildlife Habitat
CITY LIMITS
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11
ATTACHMENT 6
MEYERS FARM
NO. 2
CITY OF TIGARD
SUBDIVISION APPLICATION
SUPPORT INFORMATION
OWNER/APPLICANT
MARSHALL / WEBER
PO Box 91249
Portland, OR. 97291
ENGINEER / SURVEYOR
Harris-McMonagle Associates, Inc.
12555 SW Hall Boulevard
Tigard, Oregon 97223
December 19, 2003
• •
MEYERS FARM NO.2 - SUBDIVISION APPLICATION
SUPPORT INFORMATION
TABLE OF CONTENTS
SECTION 1
DATA SUNMMARY AND REGULATIONS
SECTION 2
IMPACT STUDY
SECTION 3
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE
SECTION 4
REDUCED DEVELOPMENT REVIEW PLANS
SECTION 5
VESTING DEEDS
PLAT NAME APPROVAL
NEIGHBORHOOD MEETING INFORMATION
CLEANWATER SERVICES - SERVICE PROVIDER LETTER
SIGHT DISTANCE PRE-CERTIFICATION, S.W. BULL MOUNTAIN RD.
WATER QUALITY FACILITY, OFFSITE LOCATION CALCULATIONS.
ARBORIST PRELIMINARY MEMORANDOM
BOUND SEPARATELY
DEVELOPMENT REVIEW PLANS (Full size)
• •
SECTION I
DATA SUMMARY AND REGULATIONS
11
MEYERS FARM NO.2
SUBDIVISION APPLICATION
SECTION 1
DATA SUMMARY & REGULATIONS
PROJECT DATA
OWNER/APPLICANT
Marshall / Weber
PO Box 91249
Portland, OR. 97291
Tel: 503-291-2550
Fax: 503-291-6917
Contact: Tom Weber
Tel: 503-517-8242
Fax: 503-598-8900
ENGINEER/SURVEYOR
ARBORIST
LEGAL DESCRIPTION
SIZE
CITY ZONING
REQUEST
Harris - McMonagle Associates
12555 S.W. Hall Blvd.
Tigard, OR 97223
Contact: Bill McMonagle
Tel: 503- 639-3453
Fax: 503- 639-1232
Robert Mazany
P.O. Box 1305
Beaverton, OR 97075
Contact: Robert Mazany
Tel/Fax: 503- 646-0891
Washington County Assessor's Map 2S 1 08BC, Tax Lot 2303
8.16 acres
R-7
Subdivision of the property into 44 single-family lots.
• •
Meyers Farm No. 2
Subdivision Application
REGULATIONS
Applicable chapters and sections of the Tigard Community Development Code (TCDC) are as follows:
18.370 Variances and Adjustments
18.390 Decision Making Procedures/Impact Statement
18.430 Subdivisions
18.510
Residential Zoning Districts
18.705
Access/Egress/Circulation
18.715
Density Calculations
18.725
Environmental Performance Standards
18.745
Landscaping & Screening Standards
18.755
Mixed Solid Waste and Recycling Storage
18.765
Off-Street Parking/Loading Requirements
18.775
Sensitive Lands Review
18.790
Tree Removal
18.795
Visual Clearance Areas
18.810
Street & Utility Improvement Standards
Clean Water Services Buffer Standards
1-2
SECTION 2
IMPACT STUDY
•
MEYERS FARM NO.2 - SUBDIVISION APPLICATION
SECTION 2
IMPACT STUDY
GENERAL
The proposal is to subdivide the 8.16 acre site into 44 single-family lots. This will involve the
construction of all of the subdivision improvements to serve the lots. A new local street, SW 163
Avenue, will be extended south from SW Bull Mountain Road through the property with a street stub-out
to the west. Connections will be made to the existing street stubs from the Meyers Farm subdivision to the
east. Sanitary and storm sewers, potable water and other utilities will be extended through the project to
create full service subdivision lots.
SENSITIVE LANDS BUFFER
Tracts A through H provide the required Clean Water Services buffer to the wetland. These Tracts, with a
conservation easement over and across them, will be conveyed to the future owners of the abutting lots.
TRANSPORTATION
Traffic impacts will be primarily to SW Bull Mountain Road. The traffic created by the proposed project
will amount to approximately 440 trips per day.
SW Bull Mountain Road will be widened on the south side across the frontage of the property to meet
City standards.
Sidewalks will be constructed on both sides of the internal public streets and along the Bull Mountain
Road frontage.
DRAINAGE
The drainage basin in which the Meyers Farm No. 2 subdivision site is situated is on the westerly slope of
Bull Mountain with the upper end of the basin near the intersection of Roshak and Bull Mountain Roads
at approximately elevation 610 feet.
The drainage course for the basin becomes well defined a short distance north of Bull Mountain Road.
From Bull Mountain Road the drainage course flows approximately 2,300 feet southwesterly to Beef
Bend Road at an average gradient of approximately 5 percent. From Beef Bend Road the flow is westerly
approximately 3,900 feet to the Tualatin River.
As stated above this is a well defined drainage course and over most of its length is deeply incised, as is
typical of drainage courses on Bull Mountain.
There are no drainage structures in the drainage course between Bull Mountain Road and Beef Bend Road
and none between Beef Bend Road and the Tualatin River. The structure at Beef Bend Road is a 36-inch
concrete culvert.
Meyers Farm No. 2 2-2
Subdivision Application
This drainage course has adequate capacity to accommodate a fully developed basin.
The existing water quality facility that serves Meyers Farm (Phase 1) will be relocated to the Volpe
property to the west of the site. Please refer sheet 4 of the Development Review Plans. This new facility
will be sized to accommodate Meyers Farm, Meyers Farm No. 2 and the future Volpe development.
The existing water quality site will be utilized for Lots 11 and 12.
PARKS
The nearest park facility is Cook Park, approximately four miles southeast of the site. Cook Park is a
regional facility that provides numerous recreational pursuits including access to the Tualatin River.
There are several schools within five miles of the site with the usual school playground equipment is
available together with soccer fields.
These facilities are capable of accommodating the proposed project.
WATER SYSTEM
Potable water will be supplied to the proposed lots by extension of existing Tigard Water Department
main in SW Bull Mountain Road. This main has adequate capacity to serve the proposed subdivision.
SANITARY SEWER
Sanitary sewer lines exist on the site. These,lines will be extended through the project to provide service
to each lot.
NOISE
The proposed subdivision will result in future single-family dwellings, which will be compatible with the
surrounding single-family neighborhood.
•
SECTION 3
i
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE
• 0
MEYERS FARM NO.2 - SUBDIVISION APPLICATION
SECTION 3
COMPLIANCE WITH SPECIFIC TIGARD COMMUNITY
DEVELOPMENT CODE STANDARDS
NARRATIVE
Chapter 18.370 - VARIANCES AND ADJUSTMENTS
18.370.020 Adjustments Section
A. Purpose. The purpose of this section is to establish two classes of special variances:
1. "Development adjustments" which allow modest variation from required development
standards within proscribed limits. Because such adjustments are granted using "clear and
objective standards," these can be granted by means of a Type I procedure, as opposed to the
more stringent standards of approval and procedure for variances.
2. "Special adjustments" which are variances from development standards which have their own
approval criteria as opposed to the standard approval criteria for variances contained in Section
18.370.010.C.
C. Special adjustments.
1. Adjustments to development standards within subdivisions (Chapter 18.430). The Director
shall consider the application for adjustment at the same time he/she considers the preliminary
plat. An adjustment may be approved, approved with conditions, or denied provided the
Director finds:
a. There are special circumstances or conditions affecting the property which.are unusual and
Peculiar to the land as compared to other lands similarly situated;
b. The adjustment is necessary for the proper design or function of the subdivision;
c. The granting of the adjustment will not be detrimental to the public health, safety,
and welfare or injurious to the rights of other owners of property; and
d. The adjustment is necessary for the preservation and enjoyment of a substantial property
right because of an extraordinary hardship which would result from strict compliance
with the regulations of this title.
Adjustment Request I - Comment. TCDC Chapter 18.810.030 N. Grades and curves - This
subsection sets the maximum grade for local streets at 15%.
This adjustment pertains to a portion of the proposed SW Dekalb Street extension from Meyers Farm
into Meyers Farm No. 2.
Meyers Farm No. 2
Subdivision Application
Background:
3-2
During the development of Meyers Farm (Phase 1) SW DeKalb Street was indicated as the primary
local street and SW 163''Avenue the secondary local street.
At the pre-application conference for Meyers Farm No. 2 the City engineering staff to reversed this
order in Meyers Farm No. 2 making SW 163"' Avenue the primary local street and SW DeKalb Street
the secondary local street.
This change requires that SW DeKalb Street intersect SW 163"' Avenue with the vertical curves
shown on the preliminary street profiles, which create grades between 15% and 20%.
The distance that the street grade in DeKalb will be greater than 1 S% from the intersection with
163"' is 126 feet to the east and 163 feet to the west.
Response to 18.370.020 C.1. Special adjustments:
a. There are special circumstances and conditions ayectin,g the property. The existing topography
and the intersection design requirements make it impractical to meet the 15% maximum.
b. The adjustment is necessary for the proper design or function of the subdivision. This adjustment
will allow for a subdivision design that makes optimum use of the site without excessive fills and
cuts to meet the standard.
L. ThegrantinQ o the adjustment will not be detrimental to the public health safeu and wel are or
iniurious to the rights o owners of property. The adjustment will not be detrimental or injurious.
Local traffic and emergency vehicles can easily negotiate the short distances that the street
exceeds the 15% maximum.
d. The adjustment is necessary for the preservation and enjoyment of a substantial property right
because of extraordinary hardship which would result from strict compliance with he regulations
o this title. Without the adjustment the property could not be developed to its full potential and
cause serious loss of property rights. Without the adjustment many of the lots would be
inaccessible without extensive retaining walls due to the cut and fill that would be required.
In consideration of the above, a request is hereby made for an adiustment to allow the proposed
street grades in excess of 15
Adjustment Request 2 - Comment: TCDC Chapter 18.810.070 C Planter strip requirements - This
subsection requires a planter strip separation between curb and sidewalk.
One of the exceptions to the planter strip requirement is if curbside sidewalk already exist on
predominant portions of the street.
• •
Meyers Farm No. 2 3-3
Subdivision Application
Response to 18.370.020 C.1. Special adjustments:
a. There are special circumstances and conditions affecting the property. The existing streets in
Meyers Farm that will be extended into Meyers Farm No. 2 are Pollard, Cooper, Bray and
DeKalb. All of these streets were constructed with curbside sidewalks. To maintain continuity,
the streets need to be extended through Meyers Farm No. 2 to 163' Avenue with curbside
sidewalks.
b. The adjustment is necessary or the proper design or fiinction of the subdivision. This adjustment
will allow for street continuityfrom one subdivision to the next.
The granting of the adjustment will not be detrimental to the public health, safety and wel are or
injurious to the rikhts o owners ofproperty. The adjustment to a curbside sidewalk will not be
detrimental to the public health, safety and welfare or injurious to the rights of property owners.
c. The adjustment is necessary for the preservation and eni yment of a substantial property ri ht
because of extraordinary hardship which would result from strict compliance with he regulations
o this title. The adjustment will allow for Meyers Farm No. 2 to be developed in harmony with
the adjoining Meyers Farm subdivision.
A request is hereby made for an adjustment to allow the proposed curbside sidewalks on Pollard
Cooper, Bray and DeKalb.
Adjustment Request 3 - Comment: TCDC Chapter 18.810.070 Figure 18.810.4A Local Residential
Streets. The section referenced has a 54 foot right-of-way and 32 feet of paving with a S foot planter
and 5 -foot sidewalk on each side of the street.
This adjustment pertains to the proposed SW 163"' Avenue.
Background:
As apart of the development of the Meyers Farm subdivision sanitary, storm drainage facilities and
some electrical utilities were constructed within 46 foot wide easements through the Meyers Farm
No. 2 site. These easements were located so that they would become street rights-of-way in the plat
of Meyers Farm No. 2.
Between the time these facilities were constructed and the present, the Clean Water Services (CWS)
wetland buffer width requirements changed from 25 feet to 50 feet. This change caused a large
reduction in the usable area.
A buffer reduction to 35 feet for certain areas was obtained from CWS. The buffer limits as approved
by CWS are shown on the Development Review Plans.
The proposal is for a 46 foot wide right-of-way with 32 feet of paving and curb tight sidewalks five
(5) feet in width. Please refer to the Typical Section for SW 163' Avenue on sheet 3 of the
Development Review Plans.
• •
Meyers Farm No. 2
Subdivision Application
Response to 18.370.020 C.1. Special adjustments:
3-4
a. There are special circumstances and conditions affecting the property. There have been recent
changes in the wetland buffer regulations that require more width. The added buffer width
together with the steep terrain,makes the standard section difficult. The proposed street section
will produce a street much more compatible with the subdivision configuration and terrain. The
proposed section will provide additional lot depth and width, which is important on this steep site.
d. The adjustment is necessary or the proper design or unction of the subdivision. This adjustment
will enhance the lots and function of the subdivision. The adjustment will provide additional lot
width and depth, which is necessary on this steep site.
e. The granting of the adjustment will not be detrimental to the public health, salty and wel are or
injurious to the rights of owners of property. The adjustment will not be detrimental to the public
health, safety and welfare in that the proposed section will function the same as the standard
section except that three (3) feet of the sidewalk width will be in an easement on the adjoining
lots. The adjustment will not be injurious to the rights of owners of property in that a wider
right-of-way would result in a net loss in lot area thus a loss in the number of lots allowed for the
subdivision.
f. The adjustment is necessary or the preservation and enjoyment of a substantial property right
because of extraordinary hardship which would result from strict compliance with he regulations
o this title. The standard street section would create a wider right-of-way and less net lot area,
which would reduce the allowable number of lots in the subdivision. The loss in width would
render some of the proposed corner lots along 163rd Avenue unbuildable. The loss in depth to lots
155, 156 and 157would make it very difficult to construct homes that would be in keeping with the
existing neighborhood.
A request is hereby made Loran adjustment to allow the proposed SW 163nd Avenue street section.
Chapter 18.390 -DECISION MAKING/IMPACT STUDY
18.390.040 Type II Procedure
Comment: The proposed 44-lot subdivision application is being submitted under a Type II
procedure. The Applicant met with the City staff in a pre-application conference on April 17, 2003
as required by this Section and is providing the submittal information required. The Impact Study is
Section 2 of this support information.
Chapter 18.430 - SUBDIVISIONS
18.430.030 Approval process
Comment: The preliminary plat review is the first step in the subdivision approval process. This
application is for approval of the preliminary plat through a Type II procedure in accord with TCDC
requirements
Meyers Farm No. 2 3-5
Subdivision Application
18.430.040 Approval Criteria: PreliminM Plat
Comment.
1. The proposed preliminary plat complies with the applicable City ordinances and regulations.
2. The plat name "MEYERS FARM NO. 2 "has been approved by the Washington County
Surveyor's office and is reserved for this property.
3. The street through the proposed subdivision will bean extension from SW bull Mountain Road. A
stub out will be made to the adjoining property to the west. Streets that have been stubbed out to
the site will be connected.
18.430.050 Submission Requirements: Preliminary Plat
Comment. This application contains the general information required for a Type II procedure, as set
forth in Chapter 18.390.
Chanter 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, 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.
Comment: The subject property is within the R-7 Medium-Density Residential District. The
proposed lots meet the minimum average of 5, 000 square feet. The proposed subdivision complies
with the District standards as follows:
18.510.030 Uses
Comment. The proposed lots will be developed for single family housing which is permitted outright
in the R-7 District.
18.510.040 Minimum and Maximum Densities
Comment: This section requires that the property be developed to a minimum of 80% of the
maximum density. The density calculations are shown on sheet 3 of the Development Review Plans.
The maximum densityfor the site is 50 lots; the minimum is 40 lots. The proposal is for 44 lots.
• •
Meyers Farm No. 2
Subdivision Application
18.510.050 Development Standards
3-6
Comment. The proposed lots meet the development standards for the R-7 District as set forth in this
section.
Chapter 18.705 - ACCESS, EGRESS. AND CIRCULATION
18.705.030 General Provisions
D. Public street access. All vehicular access and egress as required in Sections 18.705.030H and
18.705.0301 shall connect directly with a public or private street approved by the City for
public use and shall be maintained at the required standards on a continuous basis.
Comment. All of the proposed lots except lots 139, 140, 141, 150, 151, 152 and 153 will connect
directly to a public street. Lots 139, 140 and 141 will gain access to SW 163rd Avenue via a private
street (Tract J). Tract J will also provide access to the adjoining property to the south, Tract 2. Lots
150, 151, 152 and 153 will gain access to SW 163rd Avenue via a private street (Tract K).
E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N.
Comment. All curb cuts will be made in accordance with Section 18.810.030N.
H. Access Management
Comment. A preliminary sight distance certification for the proposed access into Bull Mountain
Road. All of the proposed streets within the project will be designed to meet the requirements or
modified requirements of the proper jurisdictions.
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
and Table 18.705.2;
TABLE 18.705.1
VEHICULAR ACCESS/EGRESS REQUIREMENTS:
RESIDENTIAL USE (6 OR FEWER UNITS)
Number
Minimum Number
Minimum Access
Minimum Pavement
Dwelling
of Driveways
Width
Width
Unit/Lots
Required
1 or 2
1
15'
10'
3-6
1
20'
20'
Comment. All of the requirements of this section shall be complied with in the design and
construction of the subdivision improvements.
0
Meyers Farm No. 2
Subdivision Application
3-7
3. Private residential access drives shall be provided and maintained in accordance with the
provisions of the Uniform Fire Code;
Comment. All of the proposed private residential drives shall be in conformance with the Uniform
Fire code.
Chapter 18.715 - DENSITY COMPUTATIONS
Comment. The density computation is shown on sheet of the Development Review Plans. The
computation was performed according to the provisions of 18.715.020. The results shown are the
following: maximum density is 50 lots, minimum density is 40 lots, the proposed density is 44 lots.
Chapter 18.725 - ENVIRONMENTAL PERFORMANCE STANDARDS
Comment. All federal and state environmental laws, rules and regulations will be complied with as
well as those of the City of Tigard and Clean Water Services.
Chapter 18.745 - LANDSCAPING & SCREENING STANDARDS
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.C.
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.
Comment. The subdivision improvements will include the planting of street trees in conformity with
the size and spacing standards set forth in 18.745.040 C. A street tree planting list will be submitted
with the final plat as provided under 17.745.040 B.
18.745.050 Buffering and Screening
Comment. The proposed single-family residential use is the same as the abutting property; therefore
buffering and screening is not applicable. Setbacks and height restrictions for fences and walls will
be observed as set forth under 18.745.050 C and D.
Chapter 18.755 - MIXED SOLID WASTE AND RECYCABLE STORAGE
18.755.040 Methods of Demonstrating Compliance
F. Franchised hauler review method
0
Comment. Homeowners will have pickup service available from Pride Disposal. Garbage will be
collected once a week. Lawn debris will be collected every other week. Recycled goods will be
0
Meyers Farm No. 2
Subdivision Application
3-8
collected on request. Garbage containers will be stored in the garages or in a screened area at the
side of the building or in the rear yards.
Chapter 18.765 - OFF STREET PARKING AND LOADING REQUIREMENTS
Comment. At the time of house construction a minimum of one off-street parking space will be
provided on each lot as set forth in Table 18.765.2.
Chapter 18.775.070 SENSITIVE LANDS PERMITS
E. Within wetlands
Comment. As shown on the Development Review Plans there is a small wetland area on the site.
Jones & Stokes performed a Clean Water Services Tier 2 Alternatives Analysis. The buffer for the
wetland is Tracts A through H. These Tracts will be, with a conservation easement over and across
them, will be conveyed to the abutting Lots.
A Service Provider Letter from Clean Water Services is included as part of this application.
Chapter 18.790 - TREE REMOVAL
Comment. Robert Mazany, Registered Arborist performed an on site tree inventory. A copy of his
memorandum is enclosed with this application. Sheet 2 of the Development Review Plans indicates
the trees to be removed/retained and the mitigation calculation in conformity with this section.
Chapter 18.795 - VISUAL CLEARANCE AREAS
Comment: The visual clearance requirements assure proper sight distances at intersections will be
implemented with development of the subdivision lots. A sight distance pre-certification has been
submitted for the SW 163'' Avenue and SW Bull Mountain Road future intersection. This certification
meets or exceeds the required sight distance requirements.
Chapter 18.810 - STREET & UTILITY IMPROVEMENTS STANDARDS
18.810.030 Streets
Comment. All street improvements will be constructed in conformity with the City's street standards
and the approved special adjustments. Typical sections for the proposed street improvement are
shown on sheet 3 of the Development Review Plans. Preliminary street profiles are shown on sheets
6, 7 and 8 of the Development Review Plans.
18.810.040 Blocks
Comment. The length width and shape of the blocks has been designed to provide adequate building
sites with as little disturbance to the natural land form as possible and to meet the restraints of the
existing streets and adjoining development. A Future Circulation Plan is shown on sheet 1 of the
Development Review Plans.
0
• •
Meyers Farm No. 2
Subdivision Application
18.810.050 Easements
3-9
Comment: There will be a ten (10) foot wide public utility easement along the front lines of all lots.
I fa need for additional easements becomes apparent during the final design and final approval
process they will be provided.
18.810.060 Lots
A. Size and shape
Comment: All of the lots meet the size and shape requirements of this section. No lot contains part of
a public right-of-way within its boundaries and the lot depth does not exceed 2-112 times the average
width.
B. Lot frontage
Comment: All of the proposed lots will abut a public or private street for a width of at least 25 feet
and provide area for 20% of the lot to be landscaped as required by this section.
18.810.070 Sidewalks
Comment: Five-foot wide sidewalks will be constructed along all of the proposed public ways within
the subdivision and a six-foot wide along SW Bull Mountain Road frontage. Typical street sections
showing the sidewalk locations are shown on sheet 3 of the development review Plans.
18.810.090 Sanitary Sewers
Comment: Sanitary sewer was extended into the property during the development of Meyers Farm
(phase 1). These lines will be extended to serve all of the lots. A preliminary sanitary sewer plan is
shown on sheet 4 of the Development Review Plans. All sanitary sewers will be designed and
constructed in conformity with the City requirements.
18.810.100 Storm Drainage
Comment: Storm drainage from the developed site will be routed through a storm water facility prior
to discharging into the existing drainage course through the property. This drainage course has
adequate capacity to accommodate storm flows from the developed site. A preliminary storm
drainage plan is shown on sheet 4 of the Development Review Plans.
The existing water qualityfacility that serves Meyers Farm (Phase 1) will be relocated to the Volpe
property to the west of the site. Please refer sheet 4 of the Development Review Plans. This new
facility will be sized to accommodate Meyers Farm, Meyers Farm No. 2 and the future Volpe
development. Easements as required will be provided for the storm drainage systems to the water
qualityfacility as well as the facility itself.
The existing water qualityfacility site will be utilized for Lots 152 and 153.
Meyers Farm No. 2
Subdivision Application
3-10
All storm drainage improvements will be designed and constructed in conformity with City and Clean
Water Services requirements. Easement will be for the benefit of CWS.
18.810.120 Utilities
Comment: All utilities will be placed underground within the proposed subdivision as set forth in
18.810.120 A.
18.810.130 Cash or Bond Required
Comment: All requirements for assurances and guarantees will be met.
18.810.140 Monuments
Comment: All monuments that have been disturbed prior to completion of the proposed
improvements will be replaced.
18.810.150 Installation Prerequisite
Comment: No public improvements will be undertaken in the proposed subdivision until the City has
approved plans, permit fees have been paid and permits issued.
18.810.160 Installation Conformation
Comment: All improvements installed will conform to the requirements of this chapter and to the
City improvement standards and specifications.
18.810.170 Plan Check
Comment: Work will not commence on any improvements until construction plans and construction
estimates have been submitted, checked for accuracy and approved by the City Engineer in writing.
18.810.180 Notice to City
Comment: Work will not begin until the City has been notified in advance. If for any reason work is
discontinued, it shall not be resumed until the City is notified.
18.810.190 City Inspection
Comment: The applicant understands and accepts that all improvements in the proposed subdivision
will be inspected by the City and must be constructed to the City's satisfaction and that unusual site
conditions may, in the public interest, force changes to construction plans, sections or details.
18.810.200 Engineer's Certification
Comment: The applicant's engineer will provide the written documentation to certify that all
improvements, workmanship and materials meet current and standard engineering and construction
0 •
Meyers Farm No. 2
Subdivision Application
3-11
practices. This certification will be submitted for review and approval prior to the City's acceptance
of the subdivision's improvements.
CLEANWATER SERVICES (CWS) BUFFER STANDARDS
Comment: The buffering requirements for this proposal were established by Clean water Services.
Tracts A through Hprovide the required Clean Water Services buffer to the wetland. These Tracts,
with a conservation easement over and across them, will be conveyed to the future owners of the
abutting lots.
A service provider letter from CWS is enclosed.
0 •
SECTION 4
REDUCED DEVELOPMENT REVIEW PLANS
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nvERENCE a~ORh"T1ON AND NOELS, DEVMDPWM MIE W PLANS AEMS FARM NO. 2
VOLWAROFEWY
a,, away
ins as INL aEn GEORGE J. MARSHALL `(,Q~Q$~ (m,RY PLAN E:
UWV6 ° •I• E °R f / ' MUM Ommm mom 6RE IFGHIA710N 4
REFERENCE W FORMATION AND N01EEt
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GEORGE L YARSHAM
PC. an 01240
PoRnAW6 CFO= r1
METERS FARM NO. 2 ~.a
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PRELMMMARY PROMM
NEFERatOH WFIDRNAT )N AND NOTES,
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• •
SECTION 5
VESTING DEEDS
PLAT NAME APPROVAL
NEIGHBORHOOD MEETING INFORMATION
CLEANWATER SERVICES-SERVICE PROVIDER LETTER
SIGHT DISTANCE PRE-CERTIFICATION, SW BULL MOUNTAIN RD.
WATER QUALITY FACILITY, OFFSITE LOCATION CALCULATIONS
ARBORIST PRELIMINARY MEMORANDOM
FROM :FIRST AMER I CAN TITLE 0 503 790 7872
f After recording return to: This space reserved for
George J. Marshall
P.O. Box 91249 '
Portland, Oregon 97291
Until a change is requested, all tax statements shall
be sent to Grantee at the followjog address:
George J. Marshall
P.O. Box 91249
Pordand, Oregon 97291
20.08-07 14:02 #664 P.02/08
WashIn0ton county, orepon 2003 112374
07A 013009 03-20:59 PM
04DW CMI 8trtsl0 DNORMAN
O&OD 30.00 (11.00 f 1,040.00 - total ■ 11,701.00
11111111111 1611111111
~
k Jony Howan Director of Auseement ad Tention
and Q4 Mho County Clork forVlhahlnpton Courtly,
Oropon do Money eWy that tho MINn bu0vm•rk of
rip vrss lseolv~d sad eor0od In o• -book or
r.oordo of void oow*- o'E~" 4%..
JonyIt kenooNftoetor uosamwrtendToostlon,, ,
flttOMldlo County Cluk
Grantor: LAU1t N IL STANLEY and JULIE
ANN STANLEY
Grantee: GEORGE J. MARSHALL
LOT LAVE A.D.TUSTMENT
STATUTORY WARRANTY DEED
LAUREN K. STANLEY and JULIE ANN STANLEY ("Grantor"), convey and warrant to GEORGE J.
MARSHALL ("Grantee"), the real property in Washington County, Oregon more particularly described on
Exhibit A (the "Property") attached hereto, free of encumbrances except as specifically set forth on attached
Exhibit B, and reserving in Grantor and Grantor's successors and assigns, .a. non-exclusive easement for ingress,
egress and utilities over, under and across the Property in the location more particularly described on Exhibit. C,
\ attached hereto, which easement is appurtenant to and for the benefit of the property retained by Grantor and
referred to on Exhibit E as "Tract 2". This easement shall automatically terminate upon the recordation of a
f1 subdivision plat on the Property that provides a public right-of-way and utility rights-of-way meeting
Washington County roadway standards and applicable utility standards in a location substantially similar to the
\j\ reserved easement and which allows Grantor access to that public right-of-way for roadway and utility
purposes. The foregoing notwithstanding, if (i) Grantor bas installed utilities within.the easement prior to its
termination, then a utility easement shall remain as to those installed utilities (or Grantee may relocated them at
Q Grantee's sole cost and expense to the new public right-of-way in full compliance with all applicable laws and
z quality worlananship standards). The easement set forth on Exhibit C is twenty (20) feet in width. If as a
condition to obtaining a building permit on Tract 2 of Exhibit E, the agency providing fire protection (the "Fire
d Department") for that property requires a roadway with a wider width, then the easement shall be deemed
expanded in width by that amount necessary to meet those width standards imposed by the Fire Department.
LL The true and actual consideration for this transfer in terms of dollars is $1, 648, 350.00
The purpose of this document is to effect a lot line adjustment pursuant to City of Tigard Case File No.
MIS2003-00023. The original legal description of Grantor property was recorded as Fee Number 98065723, in
the real property records of Washington County, Oregon. The original legal description of the property owned
by Grantee, referred to as Tract A of the duly recorded plat of "Meyers Farm", was recorded as Fee Number
2003-099649, in the real property records of Washington County, Oregon. The new configuration of the
Grantee property, referred to as Tract 1, is more particularly described on Exhibit D, and depicted on Exhibit E.
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 ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS
AGAINST FARNM40 OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
WASHINGMN COUNTY
REAL PA TAANSFE31 PnG51
[/rA031890067.DOC] $4 9.O -7 A0 :7 3 7/9103 12:20 PM
FEE PAIO DATE 2
FROM :FIRST AMERICAN TITLE 503 790 7872
IIIIIIIII IVIIIIII(IIIIII NI
2009-112874
tt
DATED: July 1, 2003
GL4NTOR
20.08-07 14:03 #664 P.03/08
Laulea R. Stanley
' 4A I(
1 Ana Ste~nlcy
G
George J.Warshall
STATE OF OREGON )
) as.
COUNTY OF ao~ro-~ )
The foregoing inshun> = was acknowledged before me this 9 day of
July, 2003 by Lauren K. Stao*.
Notary Public for Oregon
My cotmiission evim-,
OFFICIAL SEAL
STATE OF OREGON CATHY BgYANT
)
COUNTY OF L The foregoing instlment was aclmawlcdged before me this day of
July, 2003 by Julic Ann Stanley.
Notary Public fot Oregon
My cmurdosione Aires:
0 OFFICIAL SEAL
CATHY BRYANT
STATE OF OREGON ) NOTARY PUSUC-OREGON
MY COMMISSION IFS FIRES OCT. 262005
COUNTY OF &J
The foregoing msu mflt was acl wMcdgod before me this -day of
July, 2003 by George J. Marshall.
Notary Public 166 Oregon
my commission expires:
OFFICIAL SEAL
CATHY BRYANT
NOTARY PUSUC-OREGON
COMMISSION N0.349809 PA4E1
1145304009/PA031890.0671 MY COMMISSION EXPIRES OCT. 26, Z005 7/9/039.41 AN
NOTARY pUeLIC-OREGON NO, TmyMMISSION IEXPIRE5 OCT. 282 005
PROM :FIRST AMERICAN TITLE • 503 790 7872 4108-07
12374ruwimmA
July 9, 2003
. EXHIBIT "A"
LEGAL DESCRIPTION
14:03 #664 P.04/08
THE FOLLOWING DESCRIBED TRACT OF LAND BEING A PORTION OF THAT LAND AS
DESCRIBED IN DEED DOC04ENT No. 98-065723, SITUATED IN THE N.W. QUARTER OF
SECTION 8, TOWNSHIP 2-SOUTH, RANGE 1-WEST OF THE WILLAMETTE MERIDIAN,
WASHINGTON COUNTY OREGON.
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 8; THENCE
ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8,
N 89°53'48" E 328.82 FEET TO THE S.W. CORNER OF DEED DOCUMENT No. 98-065723;
THENCE ALONG THE WEST LINE OF SAID DEED N 00°09'56" E 265.00 FEET-TO THE TRUE
POINT OF $EGINNING OF THE HEREIN DESCRIBED PROPERTY; THENCE CONTINUING
ALONG LAST SAID WEST LINE N 00°09'56" E 1024.50 FEET TO THE SOUTHERLY 30 FOOT
RIGHT OF WAY LINE OF SW BULL MOUNTAIN ROAD; THENCE ALONG LAST SAID. LINE
N 89°51' 04" E 352.71 FEET TO THE N.W. CORNER OF THE PLAT OF MEYERS FARM"; THENCE
ALONG THE WEST LINE OF "MEYERS FARM" S 00°07'22"W 714.75 FEET TO THE ME_
CORNER OF TRACT "A" OF THE "MEYERS FARM" PLAT; THENCE ALONG THE NORTH LINE
OF TRACT "A", S 89°52'37" W 22.95 FEET TO THE N.W. CORNER OF SAID TRACT. "A" ON THE
COMMON EAST LINE OF LAST SAID DEED AND THE WEST LINE OF "MEYERS FARM"
PLAT; THENCE ALONG SAID COMMON LINES, S 00°13'55"W 310.02 FEET; THENCE
PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 8,
S 89°53'48" W 329.93 FEET TO THE TRUE POINT OF BEGINNING.
CONTADMG 8.14 ACRES.
PROM :FIRST PMERICPN TITLE
01 200- 1 1227A
503 790 7872
E)Omff B
Permitted Encumbrances
*108-07 14:03 #664 P.05/08
Subject to the exceptions, exclusions and stipulations which are ordinarily part of such Policy form and
the following:
1. Statutory Powers and Assessments of Clean Water Services.
2. The rights of the public in and to that portion of the prernisas herein described lying within the limits
of roads, streets or highways.
3. An easement created by instrument, including the terms and provisions thereof;
Recorded - in Book 345, page 341
Favor of Portland General Electric Company, a oorporation of Oregon, its successors and assigns
For Easement and right of way
Affects Reference Is made to said document for full particulars
tI
4. An easement created by instrument, including the terms and provisions thereoi;
Recorded December 21, 1999 ea Fee No. 88138212
Favor of Unified Sewerage Agency of Washington County
For Sanitary sewers, storm and surface water drainage facilities
5. An easement created by instrument, including the terms and provisions thereof;
Recorded September 12, 2000 as Fee No. 2000073617
Favor of City of Tigard
For : Temporary emergency turnaround
6, The following matters pertain to Lenders Extended coverage only.
(a) Discrepancies, conflicts in boundary lines, shortage In area, encroachments or any other facts which
a carroci survey would disclose.
[14510-0009/PA031690A671
PACE4
719100 7 *41 AM
PROM :FIRST AMERICAN TITLE + S03 790 7872 4.08-07 14:04 #664 P.06/08
1111111111111111111111111111
2002-112374
EXIMIT "C"
LEGAL DESCRIPTION
INGRESS, EGRESS AND UTILITY EASEMENT
July 9, 2003
THE FOLLOWING DESCRIBED EASEMENT BEING A PORTION OP THAT LAND AS
DESCRIBED IN DEED DOCUMENT No. 98-065723 SITUATED IN THE N.W. QUARTER OF
SECTION 8, TOWNSHIP 2-SOUTH, RANGE 1-WEST OF THE WILLAMETTE MERIDIAN,
WASHINGTON COUNTY OREGON.
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 8; THENCE
ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8,
N 89053'48" E 328.82 FEET TO THE S.W. CORNER OF DEED DOCUMENT No. 98-065723;
THENCE ALONG THE WEST LINE OF SAID DEED N 00°09'56" E 265.00 FEET; THENCE
PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER N 89°53'48" E 113.00
FEET TO THE POINT OF BEGINNING ON THE CENTERLINE OF THE 20 FOOT WIDE
EASEMENT, THE SIDE LINES BEING 10.00 FEET ON EACH SIDE THEREOF; THENCE ALONG
SAID CENTERLINE, N 00009'56" E 145.66 FEET; THENCE N 36002'29" E 107.98 FEET; THENCE
N 00°08'56" W 334.16 FEET; THENCE N 30°16'32" E 90.77 FEET; THENCE N 00007'22" E 379.35
FEET TO THE SOUTHERLY 30 FOOT RIGHT OF WAY LINE OF SW BULL MOUNTAIN kOAD
AND THE TERMINUS OF THIS EASEMENT. IT SHALL BE UNDERSTOOD THAT THE SIDE
LINES OF THE EASEMENT SHALL EXTEND OR SHORTEN TO INTERSECT THE LIMITING
BOUNDARIES.
FROM :FIRST AMERICRN TITLE • 503 790 7872 4108-07 14:04 #664 P.07/08
July 9, 2003
1111111111111111111111111
2003-112874
. EXHIBIT "Y'
LEGAL DESCRIPTION
TRACT -1
THE FOLLOWING DESCRIBED TRACT OF LAND BEING A PORTION OF THAT LAND AS
DESCRIBED IN DEED DOCUMENT No. 98-065723 AND ALL OF TRACT "A" OF THE DULY
RECORDED PLAT OF "MEYERS FARM", SITUATED IN THE N.W. (QUARTER OF SECTION 8,
TOWNSHIP 2-S0UTH, RANGE 1-WEST OF THE WILLAMETTE MERIDIAN, WASHINGTON
COUN'T'Y OREGON.
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 8; THENCE
ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8,
N 89053'48" E 328.82 FEET TO THE S.W. CORNER OF DEED DOCUMENT No. 98-065723;
THENCE ALONG THE WEST LINE OF SAID DEED N 00009'56" E 265.00 FEET TO THE TRUE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY; THENCE CONTINUING
ALONG LAST SAID WEST LINE N 00°09'56" E 1024.50 FEET TO THE SOUTHERLY 30 FOOT
RIGHT OF WAY LINE OF SW BULL MOUNTAIN ROAD; THENCE ALONG LAST SAID LINE
N 89°51'04" E 352.71 FEET TO THE N.W. CORNER OF THE,PLAT OF MEYERS FARM"; THENCE
ALONG THE WEST LINE OF "MEYERS FARM'S 00°07'22"W 757.77 FEET TO THE S.E.
CORNER OF TRACT "A" OF THE "MEYERS FARM" PLAT; THENCE ALONG THE SOUTH LINE
OF TRACT ".A", S 89°53'48" W 23.03 FEET TO THE S.W. CORNER OF SAID TRACT "A" ON THE
COMMON EAST LINE OF LAST SAID DEED AND THE WEST LINE OF "MEYERS FARM"
PLAT; THENCE ALONG SAID COMMON LINES, S 00°13'55"W 267.01 FEET; THENCE
PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 8,
S 89°53'48" W 329.93 FEET TO THE TRUE POINT OF BEGINISU NG.
CONTAINING 8.16 ACRES.
Exhibit "E"
0
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URBAN GROWTH BOUNDARY
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• WOSHING`fO"N COt TY
LAND USEAND 7"NSPORTATI'ON .
SURVE'YOR'S OFFICE
I request that the Washington County Surveyor's Office
reserve the following subdivision. name: '
PROPOSED' NAME of SUBDIVISION:
-MAP AND TAX LOT NUMBER:
CITY JURISDICTION (Which City?)
OR
COUNTY JURISDICTION:
SURVEYOR`S NAME:
OWNER'S AME:
I understand that if the name is not used within two years, it will
be automatically canceled.
a
Name of person reserving name;
Address:1'Z,3v~'
Telephone number:, Fax number: 43~9'=ZZ.
Signatur Date:
Name approved
Washington County Surveyor's Office
155 North First Avenue, Suite 350-15 Hillsboro, OR 97723 Fox. 681-2909
F;\Si4ARE.D\SURVEY\WFS14ARE; SUSNAME.DOC
2 d b~36lOvB EO '[>N/6l b t '13/7 l : ti i zon7 a 0AV (7A1) 'UN I 'S31V I OOSSV 219VNOWOW-S I UHVW W08J
Zd WdLS : z0 200Z zl. ' das 606z9v8E0S : 'ON Xdd A3ftws A.LNnoo7NOi9N I HSU11: WOdJ
•
TERRA-WEBER,1LLC
Property Development
May 23, 2003
Interested Property Owners
RE: Meyers Farm N0.2
We are the Buyer/Developers of a parcel of Property located South of Bull Mtn. Rd.,
West of SW 1.61` Ave. abutting Meyers Farm subdivision and connecting with SW
Cooper Ln., Bray Ln. and Dekalb St., described as Reference Parcel No. 2S 108BC,
this location.
X2000. We are considering proppsing a subdivision ,and partition at
Prior to applying.to the City:of Tigard for the necessary permits, I would'like to discuss
our. proposal in more detail .with you, the surrounding propertyowners and residents. You
are.invited to attend a-meeting for that purpose on:
Monday; June-9, 2003, at 6:30 PM
At
Christ the King Lutheran Church
11305 SW Bulb Mountain Rd.
Tigard, Oregon .97224
Please notice this will be an informational- meeting based on preliminary,plans., These
plans maybe altered prior to the submittal of the application to the City. T have included a.
sample of "Frequently Asked Neighborhood Questions" for your review.
I look forward to discussing our proposal with you and if you have any questions; priorao
the meeting.please. call me at (503) 517-8'284.
Sincerely,
om a er
TerraZeber; LLC
12755 SW 69tFiAve..5uite.}QQ,Portland; COR97223! Ofiee: 503 5:17.8284`• Faxt;SU3.601-0354
MAILING:
I. , being duly sworn, depose and say that on the g day of ,
2043 . 1 caused to have mailed to each of the persons on the attached list, a notice of a meeting to discu s a proposed
development at (or nea a- 'Ompy
of which notice so mailed Is attached hereto and made a part of hereof.
further state that said notices were enclosed in envelopes plai=ddJ,t said perso nd were deposited on the
date indicated above in the United States Post Officelocated ataG~
with postage prepaid thereon.
re (1n the presence of a Notary Public)
POSTING:
I. - do affirm that 1 am (represent-) the party initiating interest in a proposed
affe g th land located at (state the approximate location(s) IF no
address(s) and/or tax t(s) currently registered
/~la'~~~Jr/v.~~5~l~k'B~
and did on the ' Zday .of , 20 L personally post notice indicating that the site may be
proposed for a !®iV 2 application, and the time, date and place of a neighborhood meeting to
discuss the proposal.
The si was posted at GL
(state location you posted notice on property)
rgnature (In the presence of a Notary Public)
(THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETEINOTARIZE)
STATE OF )
County of Wa-4-\ :\5~or\ ) ss.
Subscribed and swornlaffirmed before me on the a3r~ day of V'r1 d-y , 20 03 .
OFFICIAL SEAL
NANCY L STEPHENSON
NOTARY PUBLIC-OREGON
COMMISSION NO. 335453
IDW S JUNE 1111,
COMMISSION SORES JUNE ,2004
NOTARY PUBL OF -OR GON
My Commission Expires: o (0) L k l ot-+
Applicant, please complete the information below:
NAME OF PROJECT OR PROPOSED DEVELOPMENT:
TYPE OF PROPOSED DEVELOPMENT: rJ /U ~d-v
47-
Address or General Location of Subject Properly: Subject Property Tax Map(s) and Lot #(s): 45 - O
G .
AFFIDAVIT OF MAILING/POSTING NEIGHBORHOOD MEETING NOTICE
0
N- v, S~~ET
SI'G o-1 ~moeting
146%bb°rb,o - 2
1Vielers Farm
AA-resS
Jui'vo
pUone #
l 4 7 fll s ~ry1 zz a Z~
~
'70
r 1~~ 7s S ~ ~ ~d
~ f)rin10 4 .11 _ ~i e 1 /Io~
~ ~qfta
i-oj
61
5
50
03
a3 s2cf
5
~-v r _ n n CO S
• •
MEYERS FARM NO. 2 NEIGHBORHOOD MEETING MINUTES.
6/9/03
1. PLEASANT VIEW CONCERNS - FAST TRAFFIC ON DEKALB. CARS
RUN STOP SIGNS. LOW HEDGES MAY CAUSE SIGHT PROBLEMS
ALONG ROADWAY. HEDGES ARE PLANTED CLOSE BEHIND
SIDEWALKS IN PLEASANT VIEW.
2. RESIDENTS WANT SPEED BUMP, MAYBE ADDITIONAL STOP SIGN.
WE RECOMMEND THEY GET A PETITION AND SEND WITH COVER
LETTER TO COUNTY COMMISSION AND TRAFFIC DIVISION. BOB
MORRAST.
HAS THERE BEEN ANY THOUGHT ABOUT CREATING A SMALL PARK?
TOM THINKS IT'S A GREAT IDEA, SOMEWHERE IN THE VICINITY IN
THE FUTURE.
4. PLEASANT VIEW SAYS MEYERS FARM COMMITED TO NOT OPEN
STREETS CONNECTION UNTIL ALL LOTS WERE BUILT ON. THE
ROADS WERE KEPT CLOSED UNTIL FINAL PAVEMENT PLACED.
5. RESIDENTS TO PREPARE PETITION, LETTER TO COUNTY, TRAFFIC.
TOM TO SPEAK TO COUNTY ABOUT TRAFFIC CALMING DEVICES.
6. DRAFT PETITION E-MAIL BRODERTAL~AOL.COM. DAN BRODERS -
15951 SW DEKALB ST., 97224.
Apr-15-03 02:44P leAd CC1 6319599 P_02
CleanWaterr Services
Our commitment is clear.
Jurisdiction Washington County Date
Map & Tax Lot 2S10$6012000 Owners
Site Address SW Bull Mtn Rd &164 Contact
Ticiard Address
Proposed Activity Subdivision
File Number
Clean Water Services
Service Provider Letter
April 11, 2003
Lauren and Julie Ann
Stanley _
Jones and Stokes
317 SW Alder, Suite 800
Portland, OR 97204
Phone 503-248-9507x231
This form and the attached conditions will serve as your Service Provider Letter in
accordance with Clean Water Services Design and Construction Standards (R&O 00-7).
YES ^NO _ YES NO
Natural Resources Alternatives Analysis
Assessment (NRA) Required a
Submitted (Section 3.02.5) -
District Site Visit El ® i Tier 1 Alternatives Analysis ® I
Date:
Concur with NRA/or Tier 2 Alternatives Analysis ❑ ❑
submitted information ® ❑
Sensitive Area Present Vegetated Corridor
On-Site ❑ Averaging ❑ ❑ I
Sensitive Area Present ® ❑ Vegetated Corridor ® ❑
Off-Site Mitigation Required .
Vegetated Corridor ® ❑ On-Site Mitigation ® ❑
Present On-Site 3,920s.f.
Width of Vegetated 25150 feet Off-Site Mitigation
Corridor (feet)
Planting Plan Attached?
Conditlon of. Vegetated Degraded Plan requlmd prior to any
Corridor cteartne, grading, or
cons&Wlon
Enhancement Required ❑ cement/restoration To be determined
start. and completion dates
Encroachment Into
Vegetated Corridor ® RSAT (no longer required)
(Section 3.02.4)
Type and.Square Footage 3,484s.f. GeotechnicaI Report ❑
of Encroachment _ lots required I `
Allowed Use i
(Seetion 3.02.4(b)) _ ❑ ® i Conditions Attached ❑
This Service Provider Letter does NOT eliminate the need to evaluate and protect
water quality sensitive areas if they are subsequently discovered on your
property.
HARRIS-McMONAGLE ASSOCIATES, INC.
ENGDIEERS-SURVEYORS
12555 SW HALL BLVD
TIGARD, OREGON 97223-6287
Tel. (503) 639-3453 - Fax 639-1232
PRELIMINARY
INTERSECTION SIGHT DISTANCE CERTIFICATION
September 25, 2003
City of Tigard
13125 SW Hall Boulevard
Tigard, Oregon 97223
Attention: Kim McMillian
Project: MEYERS FARM NO.2
Meyers Farm No. 2 will access the south side of SW Bull Mountain Road 297 feet east of SW
10h Avenue.
The posted speed limit in SW Bull Mountain Road is 40 miles per hour. Based on the posted
speed limit and in accordance with Washington County Community Code Section 501-8.5.F (4),
an intersection sight distance of 400 feet is required.
Washington County Community Code Sections 501-8.5-F (3) (a) and 501-8.5.F (3)"(b) require that
measurements be based on an eye height of 3.50 feet and an object height of 4.25: feet above the
street surface; and be assumed to be 10 feet from the near edge of pavement to the front of the
stopped vehicle.
Using the above criteria and a distance of 15 feet from the edge of the future pavement, the sight
distance measured in SW Bull Mountain Road West from the proposed intersection is 575 feet and
to the East from the proposed intersection 740 feet.
In conclusion, I hereby certify that the preliminary intersectional sight distance in SW Bull
Mountain Road at the proposed access for Meyers Farm No. 2 meets the requirements for
intersectional sight distance set forth in the Washington County Community Development Code.
J. R. (Jim) Harris, P.E.
Project Engineer
PROJECT: MEYERS FAR*. 2 . Page 1/2
SUBJECT: PRELIMINARY WATER QUALITY SWALE DESIGNt 9/25/03
CRITERIA:
Clean Water Services' DDesslgn Construction Standards -,Appendix B - Water Quali & Quantity Design
a. Storm event: Precipitation of 0.36 inches falling in 4 hours with an average return period of 96 hours.
b. Minimum hydraulic residence time in swale = 9 minutes
c. Maximum design depth = 0.5 foot
d. Manning "n" value = 0.24
e. Maximum velocity: 2.0-fps based on 25-year flow
f. Minimum length =100 feet
g. Minimum slope = 0.5 percent
h. Minimum bottom width: 2.0 feet - Minimum side slopes in treatment area: 4H:1 V
i. Impervious area for each single family lot: 2,640 square feet
Zkyers Farm
Interior streets 143,208 sq. ft
Bull Mtn. Road 1/2 street 7,407 sq. ft.
Bull Mtn. Road sidewalk 2,755 sq. ft
Single family lots (119 lots @ 2,640 sf) 314,160 sq, ft.
Sub-total Meyers Farm 467,530 sq. ft
Interior streets 59,813 sq. ft
Bull Mtn. Road 1%2 street 4,418. sq. ft
Bull Mtn. Road sidewalk 1,350 sq. ft.
Single family lots (60 lots 2,640 sf) 158,400 sq. ft
Sub-total Meyers Farm No. 2 223,981 sq. ft
Volpe Proper - South Portion
Interior streets 27,100 sq. ft
Single family lots (35 lots @ 2,640 st) 92,400 sq. ft
Sub-total Volpe Property - South Portion 119,500 sq. ft
TOTAL Il"ERVIOUS AREA 587,059 sq. ft
WQV = (0.36 inches) x (total impervious area) = 17,612 cubic feet
WQF = (volume)/(14,400 seconds (4 t rs)) = L22 Ch
•
•
PROJECT: MEYERS FARM NO.2
Page 2/2
SUBJECT: PRELEMINARY WATER QUALITY SWALE DESIGN
9/25/03
SW L SI .IN
.
Slope Bottom Width
Mannings
ide Slo
Flow Depth
(ft/ft)
(ft)
"n"
h:v
(ft)
L 6.010 10.00.
0.24
4.00 L
-~j-37
SW ALE HYD A LI .
QSWALE Velocity
Flow Area
Wp
R
WS)
(fps)
(sq. ft.)
(ft)
Qd cfS 1.22 0.29
4.18
13.01
0.32
1VIINIMUM SWALE LENGTH
Length of swale for 9 minute residence time
157 LE
SW L LENGTH PROPOSED
Length Proposed
170 LL
MYERs FARM No. 2 TIGmw, OREGON
TREE CONDMONIMMGATioN ANALYSIS
Prepared for:
Matrix Development
12755 S.W. 69`x' Avenue
Tigard, Oregon 97223
Phone: 503-620-8080
FAX: 503-598-8900
and
William L. McMonagle,.P.L.S.
Harris IVMcMonagle Associates Inc.
12555 S.W. Hall Boulevard
Tigard, Oregon 97223-6287
Phone: 503-639-3453
FAX: 503-639-1232
Prepared by:
Robert Mazany, ASCA, ACFE
Registered Consulting Arborist #133
Robert Mazany and Associates
P.O. Box 1305
Beaverton, Oregon 97075
Phone/FAX: 503-646-0897
0
- azan~ and c:4iioc!aLF-i
40
MEMORANDUM
TO: William L. McMonagle, P.L.S.
Harris-McMonagle Associates Inc.
FROM: Robert Mazany, ASCA, ACFE
Registered Consulting Arborist #133
DATE: October 22, 2002
RE: Myers Farm No. 2 - Tigard
I have completed my preliminary condition/mitigation review of trees located within the
project limits of the proposed Myers Farm No. 2 development as requested. Tree location
information is based on the tree survey provided by Harris-McMonagle Associates Inc.
All trees larger than twelve inches in diameter were field verified to the nearest one-tenth
of an inch, measured at four feet above the ground as required by the City of Tigard. The
total inches of trees larger than twelve inches is 834.9. The total number of inches to be
mitigated is 434.4 based on the information noted in the attached field note narrative.
Please contact me if additional information is required or when I may be of fiuther
assistance on this project.
Attachments:
Field Note Narrative
Tree Survey Notes
P.O. SOX 1305, 'S E-0-VE7t0tz, 07Z.g0n 97075 - (503) 646-0&97
Meyers Farm #2 - Tigard
Field Note Narrative
General Observations
1. Trees noted DICID are native willow in poor condition, most with split weak stem
unions creating a high risk/failure potential. There are also three cottonwood in
the wetland area noted DICID.
2. All of the walnut trees on the site are in serious irreversible decline or have died
from years of neglect.
3. The Douglas fir and other specie, unless noted poor, are in fair to good condition.
4. There are fifty-five trees with diameters greater than twelve inches. Unless so
noted all measurements have been taken at four feet above the ground, as required
by the City of Tigard, to the nearest one-tenth of an inch and identified with
chartruese flagging tape attached next to the number tag.
Tree # 4271 * 14.2" diameter fir in good condition - Mitigate.
4278 127' diameter willow in poor condition with weak -co-dominant stem
unions. Does not warrant mitigation.
4280* 12.8" diameter fir in good condition- Mitigate.
4284* 12.6" diameter fir in good condition - Mitigate.
4293* 12.7" diameter fir in good condition - Mitigate.
4308* 19.5" and 18.2" diameter madrone with a weak co-dominant stem union
subject to failure. Though questionable for mitigation, it is part of the
mitigation total.
4309* 14.T' diameter fir in good condition -Mitigate.
4310* 17.0" diameter fir in good condition - Mitigate.
4312* 13.4" diameter fir in good condition - Mitigate.
4317* 13.8" diameter fir in good condition - Mitigate.
4321 * 13.3" diameter fir in good condition - Mitigate.
4322* 20.4" diameter fir in good condition - Mitigate.
4338* 13.4" dWter. fir in good condition - Mitigate. •
• 4341 * 17.3" diameter fir in good condition - Mitigate.
4342* 19.2" diameter fir in good condition- Mitigate.
4347* 21.5" diameter fir .in good condition , Mitigate.
4353* 12.5" diameter fir in good condition- Mitigate.
4355* 17.5" diameter fir in good condition- Mitigate.
* 17.2" diameter fir located between 4355 and 4356 not tagged In good
condition - Mitigate.
4359* 13.2" diameter fir in good condition - Mitigate.
4360* 15.1" diameter fir in good condition -Mitigate.
4361 * 16.7" diameter fir in good condition LL- Mitigate.
4362* 12.6" diameter fir in good condition - Mitigate.
4363* 14.9" diameter fir in good condition - Mitigate.
4376* 13.2" diameter birch in good condition - Mitigate.
4378 17.2" diameter willow measured at two feet above the ground in poor
condition with split weak stem unions. Does not warrant mitigation.
Located in wetland area.
4381 12.9" diameter willow in poor condition with split weak stem unions.
Does not warrant mitigation
4382 14.8" diameter birch in good condition - Mitigate.
condition. Located in he wetland area.
4422 13.5" diameter cottonwood in good condition located in the wetland area.
4598 12.2" diameter walnut in poor condition with little viable canopy. Does
not warrant mitigation.
4600 13.2" diameter walnut in poor condition with little viable canopy. Does
not warrant mitigation.
• .0
M
Field Note Narrative
Meyers Farm ,##2
Page Four
4601 12.9" diameter walnut in poor condition with little viable canopy. Does
not warrant mitigation.
4602 12.6" diameter walnut in poor condition with little viable canopy. Does
not warrant mitigation
4606 12.2" diameter walnut in poor condition with little viable canopy. Does
not warrant mitigation.
4652 12.5" diameter walnut measured at 3.5 feet in poor condition with little
viable canopy. Does not warrant mitigation.
4749* 16.1" diameter maple measured at 3 feet in good condition. Mitigate at
15.1" to allow for natural trunk taper.
Trees number 4604, 4608, 4617 and 4744 though slightly larger than twelve
inches are walnuts which have died and thereforenot noted.
Trees within the wetland area -are expected to be retained therefore not included as part of
the mitigation. The total diameter inches for trees larger than twelve inches is 834.9.
Trees identified with an asterisk are included in the mitigation total of 434.4 inches.
W
tYERS..FARM •
NO,
DEVELOPMENT REVIEW PLANS
LOCATED IN THE SOUTH WEST 1/4 OF SECTION 8
E TOWNSHIP 2 SOUTH RANGE 1 WEST, VILLAMETTE MERIDIAN
WASHINGTON COUNTY, OREGON
D 1W 200
SC4E: 1'=100'
SITE
LEGAL
INFORMATION
TA 12,000 MAP 2S-1-88C
SUBDIVISION
ACREAGE
8.16 ACRES
EXISTING ZONING:
CITY OF TIGARD R-7 (7 UNITS PER GROSS ACRE)
TOPOGRAPHY:
SPENCER GROSS PHOTOGRAMITRY - 2 FOOT CONTOURS.
STORM AND
SANITARY SEWER:
CLEAN WATER SERVICES
WATER APPLY:
TIGARD WATER DISTRICT
ELECTRICITY:
PORTLAND GENERAL ELECTRIC
TELEPHONE
VERIZON
FIRE PROTECTION:
TUALATIN VALLEY RURAL FIRE AND RESCUE DISTRICT
POLICE SERVICES
WASHINGTON COUNTY SHERIFF DEPARTMENT
SCHOOL DISTRICT.
TIGARD-TUALATIN SCHOOL DISTRICT - 23-J
1 11
i
SHEET INDEX
GN
TIME MM & FUNRE OROIIIATION PLAN
I of a
EaSNIG CONDrWNS PLAN
2 of 8
PIE
LOT DINENSDIBNG PLAN
3 of 8
UMS
PREUMDLWY COMPOSRE UIGITY PLAN
4 of S
GO
PREUNNARY GNAMG PLAN
S of B
PRAT
PRE AGNAIN PROFILES
8 of 8
NfG:
PRELIMINARY PRMM
7 of 8
PROF
PREU NW PROFILES
8 of 8
88MBT41r
m
UR WORMP'
REFERENCE INFORMATION AND NOTES:
occwm
TO TRACING FOR
YRR VKMCAL DATDY WASHINGTON COUNTY BT31OH MARK 0106. A BRASS DISC
SET AT THE SE. OORNIR Or THE WTERSECRON OF SW BULL MTN. RD.
AND SW BEEF BEND ROAD; HAVING AN ELEVATION OF 2BM428 FEET.
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NO SCALE
DEVELOPER;
GEORGE J. MARSHALL
P.O. BOX 81249
PORIIMb7. OREGON 87281
PHONE: (803) 291-2SBD
ENGINEER-SURVEYOR:
EIAREM-NOMONAME ASSOCIATES. DPC.
era S-GURVEmvs
125M &W. HALL SM
MOM H (em1°
GEOLOGIS'
O8022CM=B. RRBOTIRCM INC.
SM U BEW4RIOIN0IEGALE NW.
NIOIE N1~1gB
ARBORIST:
ROE= NAZANY AND ASSOCIILR88
_=M ~taxro
ire-W
PRELIMINARY PLAT
I
~ 9111 ~AM, DEVELOPMENT REVIEW PLANS
VAM
Doxamm-aftem RIOW.
12M S.W. HALL BLVD. a1~ GEORGE J. MARSHALL
SGARD. OR W223-8E87 P.O. BOX 81248
PHONE:( -3183 PORTLAND. OREGON 87291
FAX: ) WA838-1232 ~
12/17/03
DECEMBER 17, 2003
MEYERS FARM NO.2
MACT - I ~L
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INTERIOR STREETS
SW POLLARD LN., SW COOPER LN.
AND SW DEKALB ST. EAST
NO SCAE
SITE DENSITY CALCULATION
SAS ACRE TRACT
x
GROSS SITE AREA- 354545 S.F. - 8.18 AC
p
LESS PUBLIC ROAD = 79,184 S.F.
1
LESS PRIVATE DR - 8,891 S.F.
to
LESS WETLANDS - 15,914 S.F.
°o
NET LOT AREA - 253,778 S.F.
MAX DENSITY - 5,000 S.F. - 50 LOTS MAX
LOT
MIN. DENSITY - 0.80 x 50 LOTS - 40 LOTS IAN.
BUFFER TRACTS A THROUGH H- 24,467 S.F.
NET LOT AREA - 253,778 S.F.
LESS BUFFER-TRACTS 24,487 S.F.
229,309 S.F.
•
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NO SCME
3•"
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SID. CURB
PAVEMEN
SECTION
TO REMAIN
6
1A• LASS 'C ASRULiIC WIICRETE
2b• CLASS 'B• ASPHALTIC CONCRETE
PLACE ALL ASPHALT ON SAME DAY
3. 3/t'(-) LEVELING ROCK
1r BASE ROCK
TYPICAL HALF-STREET SECTION
SW
BULL MOUNTAIN ROAD
tv SCALE
URBAN GROWTH BOUNDARY
I I I I I I I I I
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1 I 1 178 1 177 1 176 I. 175 I !
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PROPOSED DENSITY - 44 LOTS C 4,4M s MW s acs, s a= s wT $ a!4"~,n Z I~
AVERAGE LOT AREA N it 147 4 150 B. A 153 „
43179 1 28• R/w M'
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AVG. LOT AREA - 228,908 S.F. Sr . § 4M6 s NOW:
44 LOTS Die In p . 25' CURB u t TRACTS A-H TO CO I m
(n R WV9W E ,au, >i S g TO TM AB LM 55-162 DD C
AVERAGE LOT AREA - 5.151 S.F. W F, 154 BY TSB PLAT. F
0 ,63RD AVE a R. p~ 1 ` 48 1 449 w ' IT 5,443 ¢ 11 155 y a a ~ I r,
(REQ. MIN. 5000 S .F.) 1 A , cd 6.442 s CA % TRACT-2
w 5AUS B 0
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Design Elernentc: The presentation includes a minimum of signage,
budding height venation which generally follows ~1 T lmnrnvement of CIInnCP 1 ana ac a SA mnr
1 The residential character of [his subarea a to be the topography, preservation of natural vegetation i
protected Improvement of roadways should be and landscaping along the road [n addmon, direct '!f~ ~I T t~.l~ done m a manner whsch does not encoura e
g pedestrian access to Beef Bend Road shall be excessive through traffic The extension of required as part of development m this Area, as
Roshak Road to Scholls Ferry Road, for instance, well as a pedestnanway atom; Reef Bend Road
should not encourage Bull Mountain Road to lake for access to the Nesghbonc~r w commercial vie at
COMMUMTY PLAN OVERVIEW 7 Nesghborhoal commercial land shall be used to the place of Beef Bend Road and Scholls Ferry S W I31 st Avenue Road for east-west through traffic Alm, apro- r
prowde principally for the shopping and servsce posed Minor Collector between 132nd Avenue The development approach planned for the Bull needs of the residents of the Communit Plannm Drainage management m the watersheds affected ■
Mountain Area is intended to ensure the careful and y g and Bull Mountain Road should no[ be ahgned by develo merit m this Area Df S cial Concem Area Only those commerctal uses whsch donot - P Pe i~.
deliberate growth of a dtsunet residential community with 133rd Avenue south of Bull Mountain Road shall be improved as a result of development m
In concept, the communit is intended to be su ruve depend on regional or sub-regional markets for A direct route might encourage north-south y pp° their support will be allowed Step commercial the Area
of and dependent upon nearby retail and employment through traffic over Bull Mountain For similar rvPE of usE development along trafficways will not be reasons, all the roads tanned for im r centers m Tigard, Beaverton, and, to a lesser extent, allowed P p ovement or 9 An area including about 36 esisnng land pazcels oetacnetl Dwelling unit i f
other centers m the Portland Metropolitan area The connection to Bull Mountain Road within the south of Scholls Fem Road between Sunnse
Arlacned Dwelling Umt Bull Mountun Area is not intended to be developed as 8 Where the impact of noise and lighting associated Planning Area should be consuvcted as rninor Lane and the BPA powerlint ease-merit is Area I
an independent orself-suffiaent community, manly wrth commercial uses adJacent to revdenual areas collectors or local streets followmgthe topogra- of Special Concern 2. Future land pvtmons < Manure"°'ea Dwe°'ng Park because of us ])rugged and statist terrain, 2) proximt- does not meet the standards in the Community PhY generally and not directly ahgned with other shall be designed and reviewed for ]ocatson and z Me"utaaur~ owe°'ng
~ Subdwis~on ty to existing and planned shopping and employment Development Code, the commercial development maJor roadways onentauon as they affect cir. uiation m the Area s_ ~r
~ Guest House centers, 3) lack of bisecting arterial roadways, 4) histo- shall be subJect to limned hours of operations according to the Master Planning-Planned ~
2 Hillside budding techniques and foundation Development Provisions of ~ ie Commune 9oarding House ry of restdenttal development, and 5) location on the y
edge of the Urban Growth Boundary. Rather, Bull designs such as stilts, stepped foundations, etc„ Development Code. A general circulation tan genial ~n an Fs~stm Dweuin 9, Consistent with the county growth management shall be used to minlmira the alteration of pxirt• rvr !hc Aiea shall ha vld~ ! whi h ,iP g c Mountain is to be developed as a dsshncuve restdenttal policies, new development within the Planning mg slopes over 20 percent Detailed site plans, r Pro ~ c mint itlroM Moroe oaaun.oon
environment m a naturally fortunate setting wrth level- Area, wrth the exce lion of conswcuon of a 1) crossing a the canyons, , ad access onto
o merit o rtunmes for a vanet of housm o eons p elevations and sections shall be required showing Sunnse Lane Legal access t ~ property in thss area P PPo Y g P detached residence on a lot of record, shall be General Resae r all structures, foundations, and techniques pro- shall be consolidated whenever posssble m order
~ required to connect to public wale and sewer posed for hillside construction. These, as well convenience Retell The development pertain begins with medium density service The provssion of sanitary sewer service as th r se sr to encourage a developmen~ nattem whsch better .~~r~ ~ i
housing along maJor collector and arterial roads at the o e e plan requ ements for binldmg on con'orms to the ru ed to . Personal service
foot of Bull Mountain where a R on Bull Mountun will be analyzed during the steep slopes, as defined sit the Commumt_v €g P` . aphy a ppropnate essdennal re station of the Count Unshed Ca list ~ Eatao~i rim ranking
densties, as planned, decrease gradually up Bull p p Y P Development Code, are intended to ensure that w i.,.
Mountain with the greater part of the summit and stir- Improvement Plan development achveies do not increase the pote~n- For thus part of the Plan, Pu+icipauon m the study o Proiesvonai once roundin rid es less Hated at the Count 's lowest ual for earth movements such as landslides or by responsible and mtereste ' agencses such as ° seance staian r~
g g g Y 10 New development shall dedicate tight-of-way for land futures m the steep] slo d subarea Ore on De anment of Fish sod Nddlde, the itrban residential density Neighborhoal commercial road extensions and alignments indicated on Y ~ g p HolellMOtel tih a
Tualatin Hills Park and Rec •auon Dntnct, mdi- j uses are planned at the foot of the land form to serve Washun ton Count s Trans rtauon Plan or the g Y~ W 3 No grading, filling, cleating, or excavation of victual csuzen and citizen ro s shall be sou'ht Lana Ectenswe commercial
the convenience shopping and servsce needs of the Bull Mountain Community Plan New develop- any kind shall be initiated on steep slopes until ~ t ~ r ~ ~1
future population merit shall also t1e sub act to condsuons set forth Critical natural sites shut hr idcnu.ted and sur- f a gradsg plan, as dc5nrd m the Community r
m the County's growth management policies dur- Development Code, iS' ved.•Bormwto _ , _ vexed 1 the finds~s w}trr, t a~sla~fo~u5lt a Manuracmnn lmphcit throughout the Bull Mountun Community and private use and protect n shall be prepared ~ warenoase i
Plan is the assum uon [hat holes m the trig the development review process obtain fill material shall be prohibited unless the p 1" and include agency role idc: uficauon and financ- o
Comprehensive Framework Plan will be implemented l1 The Count shall em hasize non-auto (transit, material is obtained from a cut penneted under*u)1' trig strategies Should the a rpted study include - witolesale through the Community Development Code, the Y P approved grading plan, or imported from outside rovtston for ubhc use of s rods, ubhc ac ms+-
bicycle, and pedestrian) measures as an mtenm the htllstde ties P p P q School Unified Capital Improvements Plan, the Transportation solution to circulation issues These measures uon of such land will enhc. U purchase at fur
Plan and other functional plans This is particularly shall be used to facilitate access to uansn centers market value, or b) acqusre~' through voluntary i Park 4 Removal of natural vegetation shall be mini- 4
important with regazd to the county policies on pubhe mized, existing vegetation protected and Property owner donauon~dc hcation to an appro- F enurcn t
facdetes, which mandates the provision of adequate 12 [n the dessgn of road improvements that are - pnate public entity ~ Pubuc ew~oing services before develo merit is rmitted The u se re tilted of new developments to meet the destroyed vegetation replaced This is required m i p e Governmem) P ~ p y order to conserve important natural areas, a
of the Bull Mountun Community Plan ss to ensure the County's growth management poheies, pedes[n- The County-wide Park and Zecreatton Master Hospital
decrease the potential for erosson, decrease the Plan shall be re ared nor iu the Ado uon of the high quality of Irfe currently found in the Bull ari(bicycle pathways identified to the County's amount of surface water runoff and help prevent P P P P
Mountain Community Plan Area is mamuuned and Transportation Plan shall be included first maJor update of the Be I Mountain Com- special Recreatan use
enhanced as develo merit of the area occur earth movement m hazardous areas A slope stab[- munity Plan 1n the mtenm prior to the ptepara- w P I Group Care 13 New access onto arterials and maJor collectors lizatson and revegetauon plan, which includes a lion and ado uon of the Ce nit -wide Park and o
schedule for rave etauon after areas have been P y pay care tE»cluomg gamey COMMUNLTY DESIGN shall be hrnited Shared or consolidated access g Recreation Master Plan, de ~fopment is petinitted r care Prnviden
shall be required when new development or tale- cleazed, shall be included with the required grad- connstent with all other pit unions and require- , MaJor development contains, community design velopment is proposed along arterials and maJor mg plan Revegetauon shall be completed before merits of the Comprehensi ~ Plan
connderations and the land use prescnptiors created collectors, as detailed m the Commumt October 15 of the year of construction, or a tem-
~ to address them are enumerated as Commune Desi n Y porarv treatment shall be re [tired sufficient to Y 8 Development Code q Desigrt Efernents:
Elements m this section of [he Plan The Community prevent erosson ppor to the rainy season. Devgn elements are central to the Community Plan 14 Bicycle parlung facdmes shall be requrred as a - 1 Developments wsthin
I They protect what n unique about the Bull Mountain part of all commercial, mdustnal and msntuuooal reviewed and tlesignei
CommunityPlamm~gAreaandatthesamenmecon- developments Residentialdevelopmeniswhsch VIEW NORTH FROM HULL MOUNTAIN 'ROAD edMurravBoulevard
nett es land uses with the surrounding metropolitan have parking lots of 2D or more spaces shall pro- use and design condor
~ community vide bicycle parlung facilities development proposal ~S i
_ - _ - - - ~ - ^T-~ ~ futare constructson of ~ Those Community Design Elements which apply to the I S Coordinate with the Gty of Tigard for the plan- _ _ _ , _ ~ , ~ ~
whole Planning Area are first listed Then the land uses rang and provisson of park and recreation facdt- ~ i ~ ~ 'sw ~ 2 Onentauon of pedestr
~ planned for Bull Mountain are chazactenzed by sub- ties and services. 1 ~ ° ~ deliptied in a manner q~Y g area and dessgn elements s ific to each subarea are ~ ~ ~ ~ " ' ~ ~ f tar tr sit v i
Pce - ~ u e an a a label 1 0 f v f "'`'fit ' presented. Bull Mountain subareas mdude'he Summit 6 pen space shall be used or a anety o tetra- . ~ _ ~ - m the onentauon of 1 I
auonal activities, the rotecuon of wddhfe habstat s" ~ g and Slopes, the Southern Lowlands, the Northwestern P ~ , .
~ ~ t~ i .~w~„~ Fein Road toward .h~ Lowlands, and the Norther Titan le Al] of the deli n or aesthetic purposes, such as scenic views. y' ~ g g x paths on .he road from.
elements m this Plan r~,r a' ..rl 1 ,a ~ s r, ~ ` ,both general to the Planning 17 Review of land artmonm and structural level- ills i1'1~1~' , ; ,,~~G , areas back and away F I Area and site-speci5c shall guide land use m the Bull P g ~ L S,~'~~I 1J
opment proposals for areas within one half mile Mountain Area 3 The alignment and stn
of rock quames (existing and proposed) shall Murray Boulevard ext
Areas of Special Concem are also defined sit this include I) measurements of noise anticipated S ecause uees p C mmumt Pl from such development and 2) appropriate miuga_ are such an important natural and Nor1ltwest Lowland trummize adverse tin o y an Some sites within the Planning Area resources and sutrourn
non measures which ensure that the future land yscenic resource on Bull Mountain, development present special resources, opportunities or problems to This subarea includes the redcmmantly undevelo d uses 1 r
the Bull Mountain communsty In such cases, a ore- uses meet Oregon Department of Environmental m areas of standing trees shall be designed to P Pe
uaht noise standards Conditions to develo _ ~mmtze the number of uees to be cut At the northwec, comer of the Plannm~; Area 'vledsum dens- ' alive site design approach is required to assure resolu- Q Y P um f ty housing at a maximum of 15 units r acre ss 4 The area designated fc .r ~
non of development conflicts andlor aswre eonsidera- merit, such as regwrements for berms, walls and e o development, no more than fifty percent F ~ housing between the r~ other noise buffers shall be a hrd to the of the mature standing trees (six inch diameter or planned _or the relatively flat 1<. id along the Scholls ~ non of important amenities, such as proper circulation PP ~ Ferry Road, from the western 1 rundary of the Planning Boulevud extenion a
and o n s ace S cial tenon uc~ns for anal stn or approval of new development when appropriate. greater) shall be removed .tom any parcel Fac:ng'=err1 S!ree' and
~ p ~ P P y Development design and cleating for structures Area to an area of steep terrain tint west of Sunnse , ~ r or T design, as well as direction for the public revew• Lane Compatible with planner densities north of Specsa, ,,ono... n 5 s-
roc ass arc von where those s ciai areas arc noted SUBAREAS shall provide for tnaximttrp teteaUon of old less tied and taxi w c P ~ ~ growth trees. Prior to development, the harvestm ~ Scholls ferry bead, the medsu~ t dcnssty housing will - - _ _ . e e The Areas of special Concern are mapped and Hum- SUMMIT AND SLOPES g offer ood access to em fovment, sho m and other Planning-Pi<mned Dev
of forest tree species for their commercial value g P PP g attention shall be give[ bared on the Community Plan Map. shall be in accord wrth the Ore on Forest activities via Scholls Ferry Road and Murray
T'+e land f~nr+ between S W Beef Bend Road and ~,a g Bouievarc'. Medium de.^sity hc~ism development will traniuon From :he me
At the time of the first ma or u ate of the Still cnces Act The slope stabilization and ravage- g the north to low dense J Pd Scholls Fenn Road is designated primarily for low bees dally w rtsve of futere transit sernce aloe Mountain Community Plan, the County will consider density restdenttal use at a maxsmum of 6 units per ta!ion plan shall indicate the mature trees planned ~ p~' g I~T~ ~ 1,'A~1. ~ reryRoad
and evaluate oohcies which may allow mtenm level- for removal and describe the replacement pro- Scholls Fem Road and a neig~ xtrhaxl commerctal ikvelnnmenr m rhrc n TL.. .L_
n~ ~ i is cr~cyuuna ac at uic cugcs tin uie suuu'' rams Re lacement trees must be of at least center planned on its north side Such development already~buffered from opment m the Bull Mountain Community Plan Area. north, and northwest along mafor roadways Low den- g P mi ht also romote an earlier e,uemion of sewer ser- eady~buffered from Scholls Ferry Foad and the be buffered from the highway with landscaping
suies are planned on the Bull Mountain summit and 1-112 inch diameter, g P r Progreso Quarry by a 1 ogress Quarry by a powerhne easement and present a wsuaily appealing view from the
vices to the west porron o. the Y~amm~g Area than Nevertheless, develop, General Design Elements slopes mainly because of the dominance of steep 6 Streams, seasonal waterways and immediately might occur without ouch densities wertheless, development should be oriented to highway
the Areas's mtenor to slopes and the established pattern of low densrty rest- adjacent npanan zones, as defined m the , 1 in the design of new development, floodplams, dentral develo men[ This low density desi nation A roxrmately 1,000 feet lout! of Scholls Ferry Road potential impacs of th Areas's mterrorScuMultect esr ~ n ~ ~t„~, ~T_ _ ,
PP drama e hazazd areas, streams and the+.r tnbu- p g Commumty Development Cotle, shall be pre- g extends from the Fem Street development and the east- served m their nawral condmon ,ncludin to _ and e+ctendmg further south apt ~rorrmately 1,000 feet Boufevud extension a~
tares, riparian zones and wooded areas, steep em edge of the Planning Area, where it is contiguous rah and ve i ~ g ~g into the steeper slopes is an are r planned for low meth- mum number of direct y
slopes, scenic features, and powerlme easements p y getat on Vhere roads are requred' lanned onto the Murr to a similar land use devgnauon m the City of Tigud, f bodges shall be the preferred means of crossing um residential uses at a maxim :m of 6 units per acre p
and tight-of-way shall be. to the southwest ed a of the Plamm~ Area at the Th,s develo ment,s m!ended'r~ ~rct as a transmon from g S streams and waterways rather than mfill and pip- P 5 An area including thin
a used to accent, define, or separate areas of Urban Growth Boundary ing or channelization of waterflow the medmm densities on Scho" ~ Ferry Road to the low between Scholls Fett'V
densities on the mountain sumnut and s1o es The low and encompassing parr differing residential densities and differing P An area of approximately 30 acres served by Hawk 7. Use of powerlrne easements for farm operations, medwm densities also offer ar, opportunity for small
planned land uses, Ridge Road rs desi oared for a maximum of 5 units r of Special Concern 5. g Pe open space, and wildlife habrtatshall be encour- lot and attached housing m a sc ^mc area which is not and buildm of tiny sir
~ b preserved and protected to enhance the eco- acre, consistent wrth the locatronal cntena for R 5 aged as appropriate m this subarea, reality available m the County Access to employment g ' ~ - shall be designed and r
j nomrc, social, wildlife, open space, scenic, and shopping and other sernce^ rs intended to be to the orientation as they affe Almost 20 acres at the foot of the mountain on Beef 8 part of the subarea along Beef Bend Road, which north and east alon the existm° ma or arterials
recreation qualmes of the communuy; and Bend Road are desi rated for medium densrty, housm g ~ the Master Planning-Pl g 8 is designated for medmm density residential uses
c where appropriate, interconnected as part of a at a maximum of I S units per acre Consistent with at a maximum of 15 units per acre, is Area ot`'"~' • Design Elements: lions of the Commumt adopted locational cntena, this medium densty desig- S ins Concern 1. Develo merit within this area general circulation plat
park and open space system pee' p nation takes advantage of the goad access inherent m shall take into account the need for hmued access I This entire uibarea is Area of Special Concern 4 vrded which mimmize~ j
This design element shall not be construed its frontage on a mafor collector street Addmonally, onto Major Collector roads by planning a traffic as noted on the Commum~y Plan Map All level- Creek and 2) access on
or interpreted to regwre the non-voluntary led- this density offers the area's primary amenity - a circulation system which reaches all the parcels opment wuhin this subarea shall include prove- 135th Avenue
nation of property for open space, scenic or scenic view of the Tualatin Valley - to a larger pro- within this area and includes a maximum of two lions for adequate pedesh ran and vehicle access recreation use Such property will either be a) portion of the County's population than would be points of access onto Beef Send Road to Scholls FeRy Road ant' pedes'~aa improve- Southern Lowlands 1
` purchased by the public at a fair market value, offered by a low densrty housing designation. Buffered merits along Scholls ~ J Ruad
or b) at the volmon of the ro rt owner, deli- from lower housm densities b a stream bed and sloe Development within Area of Special Concem l The Southern Lowlands sub P ~ y g y P These rm rovements shal mdude a destnan Bend Road and Kine city, n Ir - ~
sated to the public for such use The provision slopes on the west and a power line easement on the shall include landscaped or natural buffers at P Pe r
, of o n s ace ma be a condition of certain east, the area is within walkm distance of lanned borders held m common wrth lower density rest- path along Scholls Ferry Road and an attractively and King city, north o. ,he ; ~ p y g P desi red transit sto Ind •>Ldestnan shelter. A the Urban Growth Boundan
development actions, the imitation of such neighborhood commercial services and a potential dentral uses Development shall also present a g p ` by gently rolling lowlands a development requests rs at the volition of the transit stop at 131st and Beef Send Road visually appealing view from Beef Bend Road safe walkway will be req~nred across Scholls 1,
Fein road at the Old Scholls Fenv Road intones- um density developments m property owner and the acceptance of any condi- Lion to connect the subarea with a net hborhood Park south of Fisher Road a. 1
uon regarding open space n at the dncreti°o g north of the over Adjacent
~ of the property owner commercial center plannF•d on the northeast cor- housm denvty of a toxin tier of that mtenecuon g PP
2 Master Planning -Primary Use or Planned Develo merit wrthm this Area of S cial Concem The Community Buvness C 1
Development procedures and standards shall be I p ~ Pacific Highway east of Krr
shall mchrde natural or landscaped buffers where ~ required for development on land which includes j planned for the adjacent are
a Significant Natural Resource as a means of pro- rt borders lower densrty r~srdeot,al uses Buffers ~ intended to minimize none shall be planned use designations contiguous testing the resource while accommodating new ~ ~ I designed to be compatible v i r
- developmem An exception iv this reuurrement _bfltween development in the Area and the activr~ r
~ ~ ~ ties generated by Progress Quarry lust north of ' --wrthm rheC'ty limin-- shall be allowed if all of the SigmficantNatural % I ; Scholls Fem Road Develo merit shall ako re-
Resource site is retained as open space Public ORTHER j - P P South of Fischer Road, alon dedication of thx o ens ace rs not reeurred, but TRIANGLES • sent a visually appealing view from Scholls Ferry metl,um residential densiue~
P p ~ ! Road This includes a mr7rmum of signage, burld- isencouraged. Adensrty transfer from the ~ - - - t per acre are designated for a
resource area to [he buildable portion shall be w^wN mg heights which generally follow the topogra- some scattered commercal
allowed for any Significant Natural Resource Site ,~N~'~ ~ qw 5, phy, nreseryanon of natural vegetation and land- planned to reduce congestio Ft ~ scaprog along the road.
as specified rn the Commumty Development ~ ~<<-" I cial development on Pacific
Code ~ NORTHWE'ST E that the immediate commere ~ LOWLAND . Northern Triang~r ~ ! j visitors be served by nearby
- Trees located within a Significant Natural I j„_• High medium residential uses at a maximum of 24 Kmg city, south of the T uaL
Resource area shall not be removed without a 1 units per acre are planned for'his triangular shaped neighborhood commercial c development permit for tree removal having first ~
SUMMIT i subarea of the Planning Area Largely undeveloped, 131 a and Seef Send Road been obtained, as provided for wuhm the ' ~ AND SLOPES l._ the subarea rs bordered on two of three sides b
Commumty Development Code A pennrt shall 1 ~',a I y Scholls Ferry Road and S W 135th Avenue Low den-
not, however, be required for tree removal from I I Residential development is l
powerhne tights-of-way, public parks and la - I "'0 "'^~N srty development along S W Fem Street and S W lies of a maximum 15 unlls ~ p y ~ Walnut Street forms the southern boundary The high Fischer Road and 131st Ave grounds. ! I medium densities take advantage of good vansporta-
~ ~ ~ lion access in most directions and provide proximity to dentral densrtres at a maxim, 4. Significant historical and cultural resources shall ! _ ~ I _ rgnated for the inner section r
not be altered, defaced, demolished or relocated 'I business dis.ncts m Beaverton and Tigard Tualatin Rrver and adjacent without first obtaining a development permit as ! a ~ development m King city ~
' P° . A road connection shall be ccnswc.ed as a Major provided for m the Historic and Cultural I ~
Management Overlay Dis[nct contained m the ! Collector between Scholls Fey Road and S W 135th A small, approximately 2 ac g € Avenue in the general location shown on the ial sue is lanned at the cor
Commumty Development Code ~ A • . ~ ,~s - Community Plan Map Speer"ic alignment will be c p - aE - and Beef Bend Road to sern
5 All new subdrvrsions, attached unu residential f ~ ' L-• determined at a later date This connection is to be part areas and develo merit nortt ~
,t SO ~ HERN ~ I'~• ! of the extension of Mura B~wlevazd southeast to P development, and commercial development shall , ~ I ~ t •-•1. y Bu11 Mountain elopes . - r-.
provide for pedestrian pathways which allow J ~ j ~ - Pacific Highway (99W)
public access through, or along, the development ~___r•-•I ~ ! In recognmon of an existing and connect wuh adjacent develo merits and/or J _I ^ _ ~ I A Nerghborhood Commereral center is planned on the half acre adjacent to Pacific
P C q;,,,° northwest comer of the intersection of S W 135th shopping areas, schools, public transi!, parks I I~-.~.~~5'EF Avenue and the recommended Murav Boulevard Road n dengnated Commur
and recreation vtes I LOWLANDS J Ex T - designation is the result of u
to tension , his commercial area shall be from ~-4 stances and shall not be uses 6 Norse reduction measures shall be incorporated ~ : ASR -r R% acres m size, the site size and shape will depend largely menial designations in the v
into all new resrdenual developments located ~ j ' ~ on the alignment of the recommended Muray -
adjacent to arterials, mafor collectors, and rock t. . Boulevard Extension Design Elements:
quames Noise reduction altemahves include ~ ~ Low medium residential densmes at a maximum of 9 1 Medium densrty (R-]5,
vegetative buffers, berms, walls, setbacks and units per acre are designated south of the recommend- m this subarea shall be structural design techniques, such asthe orienta- ed Murray Boulevard extenvon connection as a transt- edestnan access ro i i
tion of windows away from the noise source uon from the area of mafor activity lust described to P p°
and insulation the existing low density res~dennal area around S W Fischer Road and 131st
Fern Street and S W Walnut Street hood commercial erte p
N.
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t a
r area mcludmg thtReen exrstrng land parcels ~laste~ Plavnrng-Ply ~n; c ~~we',c ~c~t ;,row-
tween Scholls r"erry itoad and 135th Avenue stuns m the Couunun,!y ueve~op„ u~~ Code
d Pnrmm~accian Hatt n~~~mmar rranY !c~ ~a~ Order t0 adequffielV t~C[~t ;ale ' yC"u: ~'OC~')~din
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ATTACHMENT 3
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Op0 e i t~ ``r YID ~
p WASHINGTON COUNTY ' t~~I l~1 ADMINISTRATION BUILDING - 150 N FIRST AVENUE
/ and A C ~ I ~ ~ ' ~ T~ n'' j ~ T 't' 1 ~.,q~f~ HILLSBORO, OREGON 97123
° j .C. 6 Y. ,r I AEGV~ . r
• ~ . WASH 1 N G T 0 N The mtormauon on this Community Plan Tablmd is a representation of official maps and = ~ /i"~,, 1 1'i" , C8D 1n4t BOARD OF COMMISSIONERS ROOM ate Planning Area WES MvLLENBECK, Chairman ~ •
texts filed wrih the Records Dtwston of the Washmgton County Department of Assessment ~ o ; ~l~p , , ~ ' r '~~''S R5 Planning A n ~ ~ ~ i a+,. • R 24 and Taxation as part of County Ordinances 263 and , 65, adopted June .8, 1983 as revised APP o ~I,- „ ; P ys,l, BONNIE L HAYS Vice Chairman ApYll 1984 ~ ^ EVA M KILLPACK
by Ordinance 36R, adopted m October,1990 The Plan has had minor revtstons to reflect the F ; o ~ , ~ "rte+, ~:~'1~, The Bull'.v1 The Still Mounuun Community Planning Area is local- JOHN E MEEK r
ado won of other tan elements, all vast- udtcsal amendtWents and CR annexations throw h ~ C ; = - ' ~,w~ G.'tl d s P P 9 I Y B - w r, e m oaths „ Febru , 1993, and to u ate factual back round information The ma s have been coin- . 1 *",~s"~r~~'."' n~S. ~ ary pd g p , ~ , , , ten miles se ed m southeastern Washington County approximately LucILLE WARREN ten miles southwest Of Portland's Ceptral business dis- To- Washington County residents, businesses, and property owners `
d f o l I assn is a v ou scales which aze available forms chon at the ~ • iw':«p~~~~°J"~, p ed rom rag na m a tan s Pe S NEKTON ~ ~ ''v~,a,u°'~~;~;;~'~' tract Itmch ,st~,.,t4t tract It Includes the unincorporated area south of 5 \V. '
Records Drvtston office m the County Admtntstration }3uildsng For more mformanon con- M ~ J ~r--,,, I I ,c,~~1~v~~a,~y seining Ordinances 263, 265 and 368 please contact the Washmgton County Department of ` o N = q~y~.~~ ; Scho+ls Fen Scholls Ferry Road, west of the Tigard Urban Planning The Bull Mountain Community Plan is one element of the Washington County Comprehensive Plan.
Land Use and Transportation,155 N Fast Avenue, Hillsboro, Oregon 97124, phone 648-8761 ~r0' ` o u~ ° ' ' ~ i Area, west COUNTY ~ ° e°'" •,S•9,.>..~,.,, Area, west and south or King Crt_v,north Of the It contains a set of design guidelines or directions intended as the framework for continued r
~ ~ ~ Tualatin Iv' o ~ r- Tualatin Rlver,and eas~ofthe regional Urban Growth development in the Bull Mountain area. Through this Community Plan and other elements of the ' Plan, such as the Community Development Code and the Transportation Plan, the County can ensure Boundary Thts area encompasses approximately 3 4 tha± growth is accommodated in areas with adequate public facilities while the desirable
\ °o ~IS~ ~ `-jN R-6 Boundary I ~`,~`,'y- 3213 °o '~,mmn~utwuunt~ ~~C 5/r~1ware nule~ square miles and contains a 1980 population of an esti- quality of 11 fe in the County i s maintained, `
I `C`~, o 0 CPI ^p 7 `se, y, \°"R ~ mated 2,15', mated 2,158 residents The Bull Mountain Community Plan and other elements of the Comprehensive Plan have been under ^
9 r' ;r ~ ~ ,'r 3 0 ; An earher F preparation for the past two and one-half years. Extensive citizen involvement and input has An earlier Plan of Development for the areals more helped shape the content and character of the Dull Mountain Community Plan. Formal public ,
I \I „y/" oo°ooooo0000 , ~O I "i,"/ o°o~~ ' than 20 yea hearings leading to their adoption were held before the Board of County Commissioners and Lhan 20 years old,havmgbeen adopted m 1961. That Planning Commission from mid-March through June 1983. As a result of these hearings the urban
5O I ~ y,°~a° /""r ~ i s n uunuiuunllul+t++++iiillll''a~ TIGARD plan design; ,W _ plan designated all of cite area for low density redden- portion of the Comprehensive Pl an was adopted Dy the Board on June 2B, 1983.
- ~ ~ ~ ° ~ _ ~ ual uses art UII (HOU!1.d1t1 mental nex liar uses except for a small amount of highway corn- Subsequent to that adoption the Bull Mountain Community Plan was reviewed and acknowl edged to
I I ~ ` - S, ~ Y , Acres Percentage t I { Q. River. ~n 19 mercialnextto Pacific '-hghway near the Tualaun be in compliance with statewide planning goals by the Oregon Land Conservation & Development Rlver.ln 1977, two dlflerentsets of mtenm develo - Commission on October 7, 1983. Additional public hearrngs leading to minor amendments to the p Bull Mountain Community Plan and other Comprehensive Plan elements were held before the Board
I I ~ti• w Residantlal 5 26 6 1 6 ~ ment paltcn merit policies andland ,ise dedgnatiOnS were proposed of County Commissioners and the Planning Commission in November and December 1983, resulting in
I I ~ Restdentlal 6 1246 4 72 9 r I , ~ ~ r;u~ r I . for mo\t a. for most Of the area bV t'.le COmmDnltV Planning adoption of those changes on December 27, 1983.
~ ' ' ~ vI Residentla69 2062 120 I EP d~ ~Atx "u►r ~ togi ly . . ~r~'aniLaC10 Organvation and Lhe Washing*.on COUnty Planning Questions concerning this Community Plan and other elements of the Comprehensive Plan should be Department, butneltherwasadopted.ThisBull directed to the Land Development Division of the County's Department of Land Use and ~ ,
I ~A+ `'v', W~ ~-1 ` ~ 4y~ titRd4~B(I~AIµ~"T',GAR"''..~~t;~~!~:4`,~~~;«"L~~."~~;'a/,u,'~,I~ig.~;,+ fle artrllCnt 0 t.-- t to y p ~~,~I 1 s*u~ t S* *~IF;t'1i1~'~rti~Y~ ~,~';+.~~'9`•,~'as+'a 1,~r,J;Y~;+i;,,r.~~^°,5 ~u~i,~`:1a"~~»r~ . , , ~1 Mountain C Transportation. Mountain Community Plan replaces and supersedes ~ ' '
u■s .,;k r .Pit E L. ~ ,~~Atu~., ~,r ~ +.~c+ ,Lt ,u`' t ~ ~"a.~i °`c tit tit „u rt ~ ~ t Rural Residential 5 1 5 1 those laps those plans and all other previous plans Sincerely,
nuuu■uniiuni■u■uKnwuiuwwl■tuuw■ SCHOILS q■4~ tA'4~ G ~g -,I r ~~"1+;'~t'~,, thr~l~~y~~pr~;y~*s~~~~ir~yw ~"1"t<,~`:/k~'y>~~,. + tuii■~uw■uiauu■ ■n~ \11,. { n 'C a 1zw.v~`, y"y a , ~ ~ rhr ' 1► - y.r~,~w~..m'~..~a.dw.,ro~.t~'.+.,.:. 3.and ~Se
' ( II r S U#t i( t # tt1 ~i" ~ t~ w ~ Illl lfgl 11 ,i ` y~, ,p~ »r' ~ ~ 4q <I tl t " yy~ r x ~ " ~ ° . 4t a Mud r T1' «a ~ ~Nr~(';r~"~~. t r,';~1'~r"~II ki n ~ .r~iSi~; 3.and Use
_ q Total t7t2 s The Bull til~ The Bull Mountain Community Planning Area Is large- Wes Myl l enbeck , Chairman T ' ' Washington County
v ~ ,~:ka~4' t,;"~M1 ~ r_ I `1 - ri,'~''° I s ly undevel0 I ~ 'a oo M'h■iY~iru7•,'NW:z~, ,~WrY S,.•u -s. ' ly undeveloped at this Lme Some large lot reddential Board of Commissioners , subdrviaons are scattered along G`le crest of the mown-
6 ' t' ~ ,ke~ o ~ SlIbd1VlSIOW' o 1=, . o Q a;'~s; q, ,}<<s.."„~.`` I ~ o ai tam off Sul', ~ I o0 tam off Bull Mountain toad; a few more exist along ~ . 5 ~ '
0 r ' c { 2 L o ~ I $ ,.V' 150th - t l - a S ,.V • 150th Avenue ane at the .
- ~w~ •wr " Mar i , °°o ~ ~r',n»s. aroundF'em ,.Cr. r, ,.l. I,,}.~.w~, Jrk`fP~,'r'77, Ax o ~ ~ wu s.i'~°+ aroundl-'eriStreet.:vlo,,llehomesandmulu-f,Lrtlily Bennis Nrvs, Vice-(''iai~-man Eva Kill~acY John Tarek Lucille Warren
~ x;~~, ny.l~;m .i I~ 0 tar. o ,,~fy~":;twr,~~~ W h S ;.,~.,~':rt.4 'a„^+~ y"„«*o . o ;~s del rag a~ *r~,"~`^~"~''~`*"/: I;:P~t,'~..x,~+ ,~+q~H:~~"'`~;~'- ~ ~ 1- (,1 p\ I -c ~ o T commercial dwellings are located south of Fischer Road The only _ . _ _ _ _ _ . _ _ _ _ sr' commercial activity in ae Planning Area is located
`,~~"'~II1~'h" `;~~axt~ b ,,a„,~~ ~ "t;,,+;t;~;~~w ~ = 8 v0` alongp Pacifi along Pacific Hlghwav .outheast of King City There is
YiM, fb~:../Ij ' 1 ir~~ I ~ _ \ I I ■ 7 1 1 1 b - S d ~.~4ui~ y"' v "'»`,wi. ;~w1' ~'kr, ~ x ~ µ~tu t u {w nn mdustna no mdustnal activity Most of the area -almost 90 per-
'y'A~YYy 71''CY~'°~N~fXy"'d 1,oM ywJ1~~// ~,iW~N✓4~`'r ",di1:~Ww ~ {1 Y x\\\\\\ M'W''yI'`7 1\4 ~ ° i d 5ot1 ldod ?~o f2Ct cent of that - ..I iY cttt tdt3lt o `-mot cent of the buildable lard -consists of farms, forests, A potential new road connection between .'vlurray Improvement Districts to finance extensions of maJor
~ xC xtpol ~ vecantland ~ Pond ■ t~tlttY~ A G xxpl t14"4 ° ♦ o ~ e 290 500 meters vacant land and rural homes Blvd and Pacific Highway has been identified, as has lines. Pumping will be necessary on the western por-
m /i/ t tilt ~C ~ \`\\x\\ o o\\\~\ ° uk A Total of 1, " rr - ~5\\ tit d \`~\s o x\x\to h~ ] `u 1 .12DOD A total of 1,290 acres of land are vacant and buildable, a bypass west of the Bull Mountain Planning Area con- lion of the mountain
■ q _ tit ~ . ~ " t ° -r t e , undeve r` - asst ,^c m l / d o s v~-~ I e ,undeveloped, excluding powerline easements, and necting S W 1 RSth north of Aloha to Six Corners m
~ + ;Il gnlFt ; "r//rpsuNtt o 1 inch equals 1000 feet I not m flood 1 Irflsluil _ ; -i c ; ° ``~4`x ~x~r 0 not m floodplun or steep slope Sherwood, and ending at Intestate 5 north of Water service for the Planning Area is available from Wilsonville The Murray Blvd to Pacific Highway
~ > I~ d ~ ~ TIC RD tttx"~ v ~"i" ~ a s % 1 ACRE ;+;'.,r Natural Fe um u l uu nnu w tun n a l ~ ~ ` " Natural Features connection has been under discusdon for a number of the Tigard \Vater Distract. The Distract has sufficient
s g ~ ~ / t "b"~ ~ Land m the years Both routes are presently under study storage and distnbuuon capacity to meet year 2000 Land m the Area consists of Bull Mountun, a steep requirements for the entire area Lines can be readily
~n - r ~ ~ slo d, flat sloped, flat topped land: orm which uses over 700 feet Although no road within the Planning Area is now extended to areas within the Distract which currently
a . ~ ~ from the Tu W ~ i i fmm the Tualatin Valle; floor, and the gently sloped congested, Pacific Highway north of Beef Bend Road do not have service Since water must be pumped to
m g - ~tP~ a~~~ \x ~ -s>_ lowland to I lowland to the north ant' south of the mountun and Beef Bend road south of Scholls Ferry Road are the top of the mountain, emergency storage in the
~ - - ~ i t tP 1 ; :;G I _ Inut, -~f I -r-'-_--' Sedtmentar expected to be deficient, even after presently proposed event of a prolonged electric power outage is a con- Sedimentary formations and Columbia raver Basalt Regional Transportation Plan Improvements are corn- corn The primary long terms source of water will con-
LAND USE D6STRICTS ~ - ~ ' , _ sou " ~ N1niN , _ ~ ~ =p ~ undedte the /f~ENERAL DESCRIPTION) ~ ~ . _ 1 ' underlie the Planning Area A fault line extends along pleted time to be the Clackamas River via the City of Lake
1 N _ ~l the Worthen the northern base of the mountain from the southwest Oswego with a backup supply from Portland's Bull
T is is a nerahzed descn non of the Land Use Oistncts ~ R ~ I l«"" ~ h ge p s_ uu a N I - _ "i Il to the north A complete descnpnon of each Distract and the uses permltied - - - - - t ~ aT ~ r-n on the Worst to the northeast Slopes exceed 20% over large areas Congestion Is expected to increase on State Highway Run system on the north and south sides of the Bull Mountain. 217 (northeast of Bu11 Mountain) and In neighborhoods
wdhin each D{stnct is contained wthin the Washington County : " I mans C de For d i Ion Ito rm i n 1 ~ ~ k Community Deve op o a d t a M at o, , • in Tigard Just east of the Planning Area, as traffic
please refer to the Code = ~ I + The upland T2,e upland soils on Bull Mountain are predominantly attempts to access interstate 5, Highway 217 and the Storm drunage m the Planning Area is currently han-
- ` ~ I of the Casc ° 4 valley terra ot the Cascade-Kinton t~ssociation Soils of the lower employment and commercial centers of Tigard, died by natural stream channels. Some drainage prob- valley terraces include ! everal types, mainly Quatama, Beaverton and Washington SgLare lems have beer noted ~lunng t'ie rvny season, partlcu-
RESIDENTIAL 5 UNITS PER ACRE R ~ w l permits lower density (pnmanly d<'ached) _ - I J n , I t~t ~ t Aloha,lVa Aloha, \Voodbum and Hillsboro The surface layers in laxly on the south face of the mountain along Beef
, residenbal development on lots w+Ih e - ~ p ! b(dh areas F q ~ bclth areas are only mocerately permeable. Underlying Transit sernce is provided along a radial route from Bend Road \Vmter flooding also creates drainage
` minimum lot size of 7,000 square feel - i ~ ~ _ ~ ~~~,,,,_-off e su ace the surface soils in muc'i of the area is a very firm and downtown Portland on Highway 99W, as well as from problems along the Tualaun River and Summer Creek.
_ + + ~t - Lei ~ ~ r ~ bnttlelaye~ ■n + s n ia~s~~ ~s ~ L0" teed by sloe RESIDENTIAL 6 UNITS PER ACRE brittle layer of soil called fragipan which is character- \Vashmgton Square, with connections north to Urbanization will pose additional drainage manage- ized by slow permeabiLty Septic tanks can fail m Beaverton's transit center Tn-Met bus line #44 merit problems m certain areas if care is not taken to
i-~ ~ ~ ~ permits lower density (detached and rb; ~ 1 ~F theserypes t « these types of soil (Sherwood) operates along Pacific Highway and design developments to incorporate local topography
attached) residential development on lots wnhaminimumlots¢eo15,000squareteet, m■i,■u■n■u■u■nni■"' PJ}~I NING AREA BOUNDARY ~ A'~ h ~ through adJacent King City Ltne #45 (Greenburg) and soils m the treatment of runoff The location and
~ Pg The mount ~ d,, 1 T!le mountain has a nurlber of steep, narrow canyons operates northeast of the Planning Area along 121st dzmg of drainage' management facilities will need to containing small, most] ~ seasonal streams \Vaterways Avenue and Gaarde Street h Is estimated that today's be based upon balm-wide studies and plans
RESIDENTIAL 9 UNITS PER ACRE CITY LIMIT _ d~, ~ contatmng I ' 1 on the nortl on the north dde of the mountain are trlbutanes to 2600 transit traps represent only two percent of the total
permits (detached and anached) ras{dential UN DARY ~ ~ ~m I a"~ ~t 1«~`~~'?~` I m n wl h its{ { s 9 un{ts URBAN GROUV>•H BO ~ as Summer G .,.,4 y F dove op e t t de t o up to Summer Creek, while t`lose on the south dde flow to daily person traps that are occumng These are heavily The Tualaun Rural Fire Protection Distnet serves most
' per acre CITY ANNEXATION SINCE PLAN ADOPTION theTualatil the Tualaun River. Winter flooding occurs along these oriented to the maJor employment centers in downtown of the Area This Distract has stations on Pacific ,
waterways 1 waterways Drainage problems are reported mast often Portland and north Portland Public transportation in Highway south of King city and in downtown Tigard. on the south side during the rainy season. Three ponds the future will include expanded bus service to the The northwest portion of the Planning Area Is within
RESIDENTIAL 15 UNITS PER ACRE o ' ' ` on the soul . ~f permits (detached and attached) residential o F w are also lac are also located on the mountain Planning Area. Washington County Fire Distract #1, which has a sta-
' ~~y development with densities up to 15 amts ~ mA ° v„ per acre o yVttfvn the tion at the comer of 175th Avenue (Reusser Rd) and
\Vitlun the Planning Ar'~'a, there are more than a dozen No bicycle or pedestrian pathways exist within the Wier Road The fire insurance rating is Class 3 for the wooded azeas of at least 5 acres m size. Large portions Planning Area However, the 1983 Transportation Plan areas currently serviced, i e ,with fire hydrants, by the
TRANSPORTATION CLASSIFICATION ~ wooded are RESIDENTIAL 24 UNITS PER ACRE a ~ ~ ° , ~ ~ _ , _ ~ of the Woni R SE ~ ~ e _ _'C o~ ihnurtii„_s„+de of the ,nountatn contain continuous____ _proposeti several Still 'vlguntain RoadLSchotls_FerTy_ _ the ~igar~ Water distnct,_buLiS_C:.lilss $~'O>rth~„remam~____-~~
permits higher density (onmardy s ,ached) FJ(ISTING PPO D _ _ s »s ~ ~ tin ~k" r>" fcrev! Son residential develo mans wdh densoies u to REGIONAL AtTfERiAI h ~"inv o - ~ a'?`"~;;,..'1'11~~'1; , P n t 4 ~ . , ~ fc'rest Some large old grnwih trees are found there. Road, Beef Bend Road, the north slope of Bull der of the Area _ -
24 amts pef Sere Mapr tran{cwey carrying tMOUgh Travel of ' ~ je'' " "~;y~',~ s o ~~t • ,..i 1~ "~'~,rP~ "~+~,M~,1"•,~;FO~; ThCSe w00 NONE regionelaigmfkence Generelly4-9lanes, NONE - wQ.rk",~~'~d,¢;;~~.; ;~j^'~`~' ~ „~~,i:,';g~++t:,~,,; ~ ~t~~~~~ ,,,t+,,,,.;,,.,a' ~ t iN g ; ~ waterways These wooded areas, es;>ecially npanan zones along Mountain in the vlclnlry of 132nd Avenue, and Pacific waterways, are imports :t wildlife habitats The Highway. The $ull Mountain area is served by Tigard School
access control desued and under Slate _ ~°I,' , y 1'~.'9~''s"' . ~ ~ ~t{y' '':i°'< `'~s s ' ,a~ ~1 '+r~+ uet~ a~,~ ~,':a~'~- 5 Tualatin Ri Tualaun River is an imtortant wildlife habitat too, as Dlstraci 23J and Beaverton School Dlstnct #48, but no
RURAL RESIDENTIAL - 5 (RR-5) rt,~ ~~5.,;y~t.«~1 i , +~~~y11~ SIB ~~~a~ -'r *,kt , .u',;«.h:~ ~ • >,a.,~` i MAJOR ARTERIAL ~~'k yoga ' ~ ~ ' ' ~ well as a re ~n ~'q try utm±srstr" Recogn¢es rural areas which have assn ~ "s:~, to , r7; , ~Y~ ~`""s~'a ~"~~'~~'t' _ well as a resource fora '~odertte mm~+tn+ ~f rshi~i~ Services schools are locatctl tvlrhln the Pl~nning Area
committed or deveb for SUbllrtu'n raSl- County or {ewer State lacihty carrying inapt ' t11tt 1 ~ ~ ~'vp<,ta;ts.s'+'Vd h i`{~~ *'~(y i and Other n RR~S ~ ~ I n NDN r ` 't~.~rt;,,'~~t=d?°~~' ~:n~. '1! and other recreation Sewer Service to the Bull Mountain area Is ~rovided There are no public parks or recreation facihues within
d, subreganalmovemenLq Typicaly4•Sla es E ~ ~ , m; ~1, ~'x, n ~ w enl,al uses w{th mirnmum farm one rarest rw. s,~"'s- +'^A ,'y~`i~*`4;e.'ti'~ F ~ N wtth limned number of access yoinla ► 41 ~m ; ,1} a t, a 5~ ~ ~ a , 4'; uses Prohibltsmobdehomes A5(tve) P,'-;~~s~',~^;~'fi~~`<~'~~t~4~1;y°~ BC11uGCl'Y a .~jr~ Groundwa! Groundwater found m t~~e underlying Columbia River by the Unified Sewerage Agency (USA) The areas the Planning Area The City of Tigard to the east and
acre mlmmum lot s¢e is normal) re wred MINOR ARTERIAL i.~~■I ~"n I ;'")r,"'{'~'m`Aa'' `t~; u~" d~ P` I _ 77 Y q a~ + <; ~~rr=°~r„°.r~ i ~ -r,~C~- Basalt was for creation of riew parcels, aRhough diw• County tacdiry serving mrougn tranic es welt es ~ ' Basalt was withdrawn ar an excessive rate during the south of Beef Bend Road, on the eastern edge of the the Tualatin Hills Park and Recreation Distract to the
land access General{ 3.5 ianea, similar to NONE ~kr~+~'~ ir`i~ r, p .1 ] 9 sions of land down to one acre are showed v a~. t T~lsrlta, , y 60's, sae m limited areas, thro h rocedures s i• collector but designed for higher speeds ~ i~+ A ~;trs., SQ F p ~ '1 oyr n^~k,. ,,Ji!~'~ ~ ,+4 as 8•ID ,ee' 1960's, causing a decline m Lhe water table of as much Planning Area along Bull Mountain Road and on the north do have parks and recreation facilities that are
hedmtheCommunityDevetopmentCode MAJOR COLLECTOR I ~~'~"`~~;`<4'~~t`~'"•; ;v, ~ a'~'.,~'u~"'~','~~ ; T as R-10 feet per year SG`te dedgnation of the area as a north in the vicinity of 135th Avenue and Scholls Ferry accessible to Bull Mountain residents Park deficient "critical groundwater ar?a' m 1974 brought a moraton- Road have or shortly will have access to USA sewers areas (over 1/2 mile radius from existing parks) are
_ facility w+th mcreas»tg number of Local acceae ,,,,,,,,,,,,,,,,,,,,,,,o,,.~ ~ rxgl f I~ ~~~'~~~~""~~r° ~ wr~'+,~'~,~~I ~~r .C9 "CrltlCal grf functions, thus lower operating speeds and , ~ l L ~ ~ Ct:''~~"+l+p~,i~~ P~~ ~'T um On WCN um on new wells and limitations on pumping from Sewer service to the rest of the area depends on devel- shown on the Significant Natural Resources Map
COMMUNITY BUSINESS DISTRICT t r n r ar wrnlene °eT~"" ~ ~ ~ ~ " 1,'r~v,'i,~ r'I" creating a need o ce to (d) i , ermits a mix of retail ofl{ce serums end ' ~ ~ °Rw~'".'~'ir~4,`~li r ~ municipal t municipal wells opment interest and the formation of Local
bus{ness uses of a size Intended to serve COLLECTOR , ' ' ~ , ?g;~;y~ q'~Kf m GI Desi nation 000000000000 ~ l I -~~g-~tu a.': the larger community v 9 ,s , I`:~, al Trans rt Transpor*a~~ion i l
. eaerxaw ~~s; m 5 l~ ~.!«~t~'~, p0 MINOR COLLECTOR ~V; t I ~~~1'~'`'r` ~ Vii" \ `~f( ,
,,~'~1'~~ u ~ ConnectslocelrosdstoarteneVmaorcollector r I ~ eta + ;'~,r M1 Pj.,,r ~~""y"'°' F`Jr'"~^~ rl:- ~,l y dr` ~ oat of the INSTITUTIONAL tk ~ .vs'~'+''htti~~r~ ,`'A~i';t;~;;~,r~~t,>'' ,a • • . • . • . system while providing access to aburong o o a o 0 0 0 1 1, ~ ~ , I- ~ ~i,h. ~ r i~ , y ~ r~r,„~~;~,,,~ ~1 ~ Most of the travel associated with this Planning Area is II l;
ermlts a ran a of matitutional uses such < " I' . « r ~'«~d ~aw~ ' ~ onented to P 9 uses first level at which perking Is typically u i N4+:rr~,~,~Y,-a}.e^+odrip~ a~,~ ~s,~r~>t,,,'; ~ w as schools, parks, churches, hospitals and BIIOWed and IONbat IeVBI Tor tranalt leMCe t1 t'ig, m,,a ~ a.~~ ~ 1."," 1Mih, ~'v" ~ ' $ f . oriented to the north and northeast P~^Dj' !
II- rb~K ycw N~l'~', ~;ttA; ,,tip, nvgdl"v'i7~~d v~' A" bibr~'~~ ~":++5`i~~~;~"b ~Ms" waterreservars E~ L 1,.'•., t ,~+.lr;x`n "4~-~ + -1 ~ + , ~„r .„•,,r, " s.1, <y , (I >r Pacific Flig LOCAL STREETSICUL DE SAC s "s+~~~ r , I - Pacific Highway 99W is the only Principal Arterial m ,~,II l,~r.,,,1n~~
;&L.Yn;~~l;r~.~'<y~;'1°=p, ~~y , r"y ■ the Plamm~ Prwlde asst access to ebunin uses ~ r l'. a k,~y4.' Sy"j~' . <gy~i'~hardFw+k~^I ?~,rvr~'v~ro-~~'P+~ ,1{L Typically allow perxmg one or both sides NONE ~ , >,2 .t~ w,^, ik„ i tit the Planning Area. Scholls Ferry Road Is classified as a 'ICJ °r-' a~
OVERLAY DISTRICTS " I`a^ i'~l 1n"'' " ~ flnl~tntlinth~in ttgrtzt~xt then,, , ,~,ia` ~i ~ ,d 'Iv,~r.. s y ~ 7 Bend Road I AREA OF SPECIAL CONCERN 1 „r,. ' Primary Arterial MaJor Collectors include S.W Beef ; ~FP~ ~`"-I' i'~ Bend Road, Bull Mount,un Road, 135th Avenue north , `~l
~ 'vr'd, ° zo''`7 y, ~,{,"~"^;l. 'w9d`~ b A`r'.,~r~.t:"~~ "AI elL A.S C 1 areas designated an the Community Plan Engmeenng swdies are to be conduced io identify appropnate alignments for r ,y- ~ 1 ~F r;,, uv,,; ~ y, .k;~S,"1 i,, 1 , ~ r j, ~ a~3• ` a ~ , ~ ,~i~,~tI%,~ha f of Bull Mo of Bull IViountain, S \V. Fischer Road, and S \V 131st RrynvERTON ^i~, ~ I~ fl-{
Wh+Ch have SpaCIfIC daS{gn BAmeWtS connecting routes m condor study areas Rater to the Trenaponehon Plao for t ees ~ ' '}'I"'" " r%''; i~'°1'Y'" I i riudy area boundanes 1 ~ w ~,~~,i,C, ~ '~~1;d~+4~~'a';:~s't~,°,kk~+u`~'~:'~%«''~~''~ ~u~'' ' w Avenue within the p an text address rag arse o; d-~' w'~' rr +,1 611/- . ~ ~*in hI. Avenue ~ ~ v I i I+ Y _ , Pr . ,,VV Li.
more ialtbncemsaboutlheareu ~t o' ~ "el,a'°~t~." -~,,i°~r~"',, ~ CommeraeUlndushial Streets have vansble widths depending upon abutting uses I I ` c-~ 33.v
Typically collector design lealurea but wnh local acceaa trefl~c ti^°' 'h ~ ' annnuunu~ MINERALIAGGREGATEDISTRICT~3 I ~ n ~ nx;,'9a;~>"~;Ir;' '~~*"'y+ a■uwl,.o* a, °1v. ,MOUM~AINL , _ u. , r8r"<~Y~U~ eus~+r ~ ~ ,y ~ I ` ,`I •cy polya~ Il . ~o/" ~ l i,:r D,~-t~"~,5,~ nwRn NORTH
General ebgnment only w shown for proposed lactldies i • < hwJ'+ , `e°s`' nanrnea s aESr c OIST B = Existing or potential mmerallaggregale ^fi;i"7;,1"' ~ ~ ~ ~ • ~ ~Y• II Mountain
im ct area XIIIIIIIIIIIIIIIF D~ t t ■ n I 1_ t M1hi~t~;~t'„~ta'~'~~`\ ~ { f _ ~ s y~, s'~~ I I • } WC~ I~~ Sf ELF n I I J Pq~l". it
t I _ I .~o'//~ fait I I 1 1~ \1~~~ i ~ d9 ~___I ,~~io,`'' i., I V ! ' J `~"',`I e 1 2eoro
' ~ t I L-~ Iy-1 ~ 1 inch equals 1000 feet
- A 'L a dt i W s ,c.,, ~ <t'~ 1 , scH0.is ~ ~I' r _ ,tl~ ~~6~'~: J1~4 rl ~ f i L~ I-y~t .I ~ /ACRE ti' , ~RpµS i,a ',1~Ai,'. kl, - c
p ~1'I I V ~F~~r~u***.~.ll'~I j"',`~I r` Il~'~Mr~~:~ii: ~lrr~~`o.'~n'~~jr,YaO.~;°~~~yv- a~''^
1 i 1Uy"~ 21 ~D-- 1 I r I i ~ r. ~ '~-,LLr~I kas..~ ' W hJ Y~`ifs..ai^c.;fi~ pl§~u.n: "p!.y ~I L ~ I ' }m +;x3~C; ~ ^~'a 1~1• nd~ 4 aeh~r , r~ i$ .jw'n"~ ' *,p'' I
I 1 1 l.~ l'S - cell + rte k,~~ ~~°`'~t v%~t 4° ~+~A'~~#xy;~:~" a*~'1'{~[~ 4'`~RFsa;~ II r ~r' , "`Ki `r'+ :~K'N,6FF~~11 Ui<,o~;r .+~Keril'.r"t;r+^ i ~5M1 ~ ttiz'~'?" "bl:f ~'~~,:`;26~ ` ,mXa': ~'a 3', °'a~,i(p
- wa di ~ e : ~~`..y rENt{r°s~ Wv,ii, a 'd' n~, _ q ~t V ~~±xt';~`'r.+rl4i+f,,ylFt,yyl,''if,.'TY.' y,y ~ .:T,_igt w^Ct.`i-, - ;9: 4'"r S ba't' ~'r ,'P.".
1'ICINITY MAP 'I I ~ (n =t: ~bnxe~ o., '+..t f" k.";'cr' a 1111! ~ (\~~J 3i ,s}`i+~",f::. '~"'~'~i^r= r,,...{~; ~I~~Lr". ,ry~,.~;n r~k. R,k~S~~..I ~1.
{I I/ ~1 '~,.~~'„'I `"4". ~`"^""~;r; 1, I t~i:,d';'i '~~.'~re'i~f'r"i~~' ~'frr yr ~1~.` t-': M,4~•7. ~*s 1~7 .4s': ~ ~1~' j ~ ~ IBi a~'~, . , '~"1''`Y' p ~r'p" `~~rt. ~ 'y~ i~ 'Xr _ 1 1si. n 'f ^~sn :I .irw4!lr~ 9 ~;'S 4v .arr ^ry•",y~„ ` ~ ~I `fir j.M I TIGARD ~ iJ i ~ ~l'
I a x ` ~ - q5 4 t l~,p r,. ~,~ti.~~~ A~f1~ ..,r P ; ~ '~",'°~`.~f' v ~.a', y IY q'~ t I
The county-wide development concept prescnbes the ties or constraints In such cases, the Community Plat pontons of the planning area not wtthln this setvlce 'Usv€ed Capital improvement Flan creation of a senes of distinct, balanced, relatively self- Text includes specific language which identifies and area are generally regarded aspark-deficient On tht\ .wti ' rFi~f~~ ~ ~ - 'rrh r~ o
sufficient and diverse communities throw hour the addresses the design opporntnmes or constraints Significant Natural Resources .V,ap, a "P" has been Following Lhe adoption Of the Washmgton County
- - _ - . w~,,. ` - ~ ~ - ~ Comprehensne Fhm,'he County will embark on a sec ~r _ ~"I,n1~ ~J"'T'~''AT~P~ ~j~ AT / f~x'~"~'~' ~ u an po ion o as `ngton Cotiniy'Tf ic-ft Lis concept Usually land ss designated as an Area of Special placed m the beneral locale where a netghlwrhood park ....r7 ..h~cn of nla~mnn wh+rh wt11 Inrh1(1P tI1P nTP.t)aTa- Ir ro{_.Iry• t 1~~ ^--1---1 IM r ilwr- ~ •J ~f.~
%'Ai1V1r 1N.Z 1V 31 V F-4 .Lt-XiV ~~~1~'9 ~'i1~ which is the beginning point for organizing land uses at Concern when parcelization and/or vaned ownership could serve the deficient area The letter indicators are " " 'l<' • Y -i r y . ,1=' ; ' ~ I i i ' _ _I.t$ I_ I lu•n, w^ ~ . ' ~ tW! 'r~ x ' rF r,1 s i I r II r y-r l rT~i 1 I i t '-T~' I ~ 15' - I I I I ; r-- t +4M, \'r
the community level requires that the area be considered as one unit during not site-specific, but do reflect the number of neighbor- tion of a Unified Capital Improvement Plan The i
development In some cases, the Community Plan hood park facilities needed to serve the deficient area Unified Capital Improvement Plan will be coordinated TT~ 4
The Bull Mountain Community Plan is one of a num- The following are elements o g y The County's urban growth management policies of the Washington Count requires an Area of Special Concern to develop on a service area basis with all urban service providers and will be the mecha- ber of planning elements which in total compn,e the Comprehensive Plan require urban development to be accompanied by ade- through a mandatory Master Planning-Planned nism which the County will rely upon to direct future Washington County Comprehensive Plan T., r
facilities and services in fc anent quate urban services. The growth management policies Development process, which provides a more flexible Community Development .ode urban investments in public r „~,,...~.....4., w~ 'viu w~:1us>~waitti~;-' ` • 1"•i I`i,~ ~4 _q'~"'~~v~~ ate- I I I ~ h
Comprehensive Framework Plan define both urban development and necessary urban approach to addressing the potential design o rtuni- the urban portion of the County of this section is to provide the reader of the Bull g pPo The chief function of the Code is to assist in the
Nlounain Community Plan with a basic underrtandmg services Public sewer, public water and a balanced lies and/or constraints implementation of the various community plans and r-
of its relationship to the various other ComPretlensive County Resource Document urban-level transportation system are the primary Plan elements urban services considered The Master Planning-Planned Development require- the Comprehensive Framework Plan. The Code is Community Plans ment is intended to provide the open space, density intended to achieve certain streamlining objectives
in snare/, the Bull Mountain Community Plan is an Community Plan transfers and design flexibility necessary to achieve necessary to ensure ease of operation, certainty, flexi- g Y Community Plan Background Documents
area and site specific application of Court the dual objectives of preserving significant natural bdity when conditions warrant and responsiveness to ry Comprehensive Planning policy and a description of Community Development Code The unincorporated portion of the County within the features or achieving the design objectives of the public concern ~K ,Y~ h~ , '14 °+'r'ym'~• Y"°" tr~` ' r ~G, rs ~~~Y
metropolitan area regional Urban Growth Boundary design elements and encouraging development of a The Code contains specific procedures and develop- r I 1~ 1 '1 ~ BtEF ~..y~ir-R-9 f~ v' `~1-HT , a 1L ~ 1110 n„moW.~•:11tr h ~ rr r+~F+h.LiV T;~ i~~t' 11I~
Plannicommunity development activities envisioned for the and outside of city planning areas is divided into a variety of housing types at the density pertrutted 4y the number of Community Planning Areas. The Bull ment standards necessary to assist in the implementa- _5711-R r `P :.,wnlm 1 l~ Lr W1~,!~r-III Ili I I~ rr',rtr
Community Plan is guided primarily by other Plan ele district. As provided in the Development Code, condi- lion of the community tans The Code addresses Subsequent to the adoption of these plan elements, the Mountain Community Planning Area is one such plan Lions of approval shall not unduly mum necessary the cost of p 1 1''~ /`~/~~I =~nm ~.y1'::'~i ..I• Vi hjrt~ l KING Crr
SO merits such as the Community Development Code, the county will begin work on the Unified Capital rang area. needed housing Y ecessarv to issues such as allowed uses, density, dimensional 1, q p" A i VATU1 to RE Jl~' h11 ~9 d 9 beyond the min Transportation Plan and the Unified Capital Improvement Plan requirements, public facility requirements, land dive- SIGI~Ea I V
Improvement Plan The policies and plan designations of the Comprehen- meet the provisions of this Plan Densities shall not be lion requirements, changes in use and aesthetic con- rL- II
Comprehensive Framework Plan sive Framework Plan are applied in a site-specific restricted to less than that authorized by the develop- cems. T he Code also sets forth processes and proce- This is a generalized description or the significant OPEN SPp Planning Context manner to the Community Planning Area. The result of ment standards dures for review of specific development proposals, resources Additional information concerning each OPEN SPACE Existing Parks, recreation sites, golf Irk l
The Comprehensive Framework Plan is a policy docu- this application is a Community Plan, composed of a identified resource is available rom the Washington w k courses, cemeteries, school play- y~~" '
The preparation of the Bull Mountain Community Plan The prescriptions of the Community Plan are augment- including public notice requirements. County Department or Land Use and Transportation, ment Its function is to articulate the county's policy Hillsboro, Oregon grounds, powerllne righIS-01 way, and future park sites owned by the Tualatin I•
represents a continuation of the County's longstanding Community Plan Map and Community Plan Text ed and implemented by the Community Development regarding the broad range of comprehensive planning p r Transportation Plan WATER AREAS AND WETLANDS involvement in comprehensive planning In fact, the and community development matters Additionally, the The Community Plan Map portrays a land use designa- Code, the Transportation Plan and the Unified Capital too year flood plan, drainage hazard PARK DE! Hills Park and Recreation District r n 'rT~ ~p
Bull Mountain Community Plan represents an update Im rovement Plan The Bull Mountain Community Plan includes func- areas and ponds, except those already ri4'~t PARK DEFICIENT AREA t+ 4Y~•~' Area more than 112 mile from a park site
Comprehensive Framework Plan contains strategies tion for each parcel of land in the planning area. P developed 'he and rigorous ti examination nprevious plans e that which are intended to guide the implementation of An inventory and discussion of natural resources is tional roadway classifications from the countywide WILDLIFE HABITAT or a public school playground q°I±Itrr rri~-~ 933 /
periodic u aim is ecess to ensure that The Community Plan Text provides a written descn - ~ ~ gofptans ~ each policy directive ry P Transportation Plan The Transportation Plan is a cum- Com, r Sensitive habitats identified by the SCENIC R of the Resource Document The Oregon SCENIC RESOURCES SCENIC VIEWS Viewpoints providing
the venous plans respond to the current and anticipated _ tion of the Community Plan Map in order to specify contained in of Chapter I o, prehenslve analysis and identification of transportation the udubon Society Department iety of u Fish Urban and WdWildlifedtife, 4 circumstances of the County and the Planning Area In A major function of the Comprehensive Framework the intent of the mapped designations Additionally, the determination o. significance, as specified in the needs associated with the implementation of the Bevel- Habitat Map, and forested areas coin- 4 a vista of the T ialaun Valley, the tq'r.d,~;"~w;"~',' Cascade Mountains, or other scenic
addition to responding to local concerns, these plans Plan policies is to provide specific direction and Para- Community Plan Text includes Community Design Oregon Administrative Rules and Statewide Planning opment pattern described in the community plans ctdental with water areas and wetlands features
respond to the planning concerns and requirements of meters for the preparation of community plans, func- Elements, which are written prescriptions for particular Goal 5, is explained in the Resource Document, and WATER AREAS AND WETLANDS SCENIC FEATURES Land forms, vegetation or v star courses with
the region and the state tional plans and implementing mechanisms, areas or sites which shall be adhered to as the plan is shown graphically as part of this Community Plan Prepared from both the county-wide and community S FiSH AND WILDLIFE HABITAT Weser areas and wetlands that are also aesthetic value to the surrounding area
implemented For certain areas specified by the planning area perspectives, the Transportation Plan E al fish and wildlife habitat The County subscribes to the fundamental planning Two central provisions of the Comprehensive Community Plan the concept of Area of Special The Significant Nature] Resources Map shows the addresses roadway, transit, pedestrian and bicycle SCENIC ROUI ES Roads identified as excellent scenic roads and those sec-
principle of creating plan elements through a public Framework Plan have particular importance in guiding location of the significant Goal S resources in the SIGNIFICANT NATusaL AREAS Concern 15 applied transportation 1SSUeS and fOCBSeS On specific and SYS• sites of special importance, in then tions or good scenic roads which offer a vista of the Tualatin Valley or the
'xi1 ~ natural condition, for their ecologic. planning process which provides ample opportunity for the preparation of community plans and implementing planning area Lem requirements. Each major sweet is clan- The designation of Area of Special Concern where provided a ~ , scientific, and educational vane Cascade Mountains
citizen participation. Such a public planning process the community plans respectively These provisions to one or a combination of several parcels of An identification of neighborhood park-deficient areas sifcation indicative of its existing or planned function, utilizes factual information and consideration of alter- are a county-wide development concept and the urban applied P
land, denotes the presence of certain design opportune- has been made based on a 1!2 mile service area radius right-of-way, alignment and structural dimensional native courses of action which take into account social, growth management policies from existing park or school playground sites Those standards
economic, energy and environmental concerns -4..