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Resolution No. 01-54 • r ' CITY OF TIGARD,OREGON RESOLUTION NO.01- A RESOLUTION ADOPTING THE FINAL ORDER APPROVING A SUBDIVISION,PLANNED DEVELOPMENT, ZONE CHANGE, SENSITIVE LANDS REVIEW, AND VARIANCE (BLUE HERON PARK SUBDIVISION - SUB2001-00001/PDR2001-00001/ZON2001-00002/SLR2001- 000031VAR2001-00002). WHEREAS,the Planning Commission reviewed this case at its meeting of June 11,2001;and WHEREAS, the Planning Commission denied the application (Planning Commission Final Order No. 2001-02 PC);and WHEREAS,the applicants submitted an appeal of the Planning Commission's denial of the application on June 22,2001,and WHEREAS,a new public hearing with new testimony was provided on July 24,2001 and continued to August 14,2001;and WHEREAS,the City Council determined that the Planning Commission final order failed to explain the criteria and standards considered relevant to the decision,state the facts relied upon in rendering a decision, and explain the justification for the decision based on the criteria, standards,and facts set forth,as required in Section 18.390.050.E of the Tigard Development Code,and WHEREAS,the City Council reviewed the staff report and found that the proposed development would be in compliance with all applicable decision criteria,as conditioned in the staff report plus four additional conditions addressing privacy,tree retention,and traffic safety; WHEREAS, the City Council found that the applicant proposed and was given a density bonus for preservation of canopy coverage and trees. The trees and canopy to be retained were a major attribute of the natural and physical environment of the site(code section 18.350.100.B.3.a) and that the trees were proposed to be preserved by the applicant and it is,therefore,necessary to ensure that the trees retained on the project and on adjacent properties are not damaged by project or home construction,and; WHEREAS,the City Council found that given the site's location,density with respect to clustered units, a and nearness to other adjacent homes, that privacy for existing and future residents to help retain compatibility between uses needs to be assured to decrease noise, provide visual barriers, privacy and j reduce the opportunity for trespass(code section 18.350.100.B.3.b.),and; WHEREAS,the City Council found that existing and future traffic on Walnut Street,as well as the street configuration with Walnut Street, 124th Avenue, and the project's private street, and the lack of full improvements on Walnut Street all create potential safety hazards for pedestrians (code section 18.810.030.A.5.b and E.Lb and d); RESOLUTION NO.Ol- BLUE HERON PARK SUBBI VISION Page 1 oft 1:\CURPLNVCcvin\Subdivision\Bluc Heron 8-28-01 res-dot NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby approves SUB2001-00001/PDR2001-00001/ZON2001- 00002/SLR2001-00003/VAR2001-00002 - BLUE HERON PARK SUBDMSION, based on the information provided in the public record and subject to the conditions of approval in the Planning Commission's Final Order No.2001-02 PC,and the addition of four additional conditions as follows: 1. The development portion of the site shall be fenced with"good neighbor fencing"as proposed by the applicant on the north,west and south sides of the development adjacent to all existing dwelling units. 2. All trees to be planted in the setback areas adjacent to the site boundary must be a minimum of two caliper inches. 3. Prior to any construction activity on site, the applicant shall establish, in a form acceptable to the Community Development Director, security in the amount of $100,000.00 to cover the value of all 12 inch or greater trees to be retained on site,as well as trees 12 inches or greater immediately adjacent to the project site. Said security will be made available to the City of Tigard on demand for any damage caused by construction to the aforementioned trees during the construction of streets, sidewalks,and utility improvements on site,as well as dwelling units. No portions of the security will be returned or released to the developer until all construction has been completed and the City Urban Forester has conducted a final inspection and deducted the value of any damage. 4. Prior to construction,the applicant's traffic engineer shall submit for City Engineer review and approval, a study that will address whether or not a painted crosswalk will be warranted across SW Walnut Street at the intersection of SW 124a'Avenue and the new private street. The study shall reference the Manual on Uniform Traffic Control Devices(MUTCD). If a painted crosswalk is warranted,the applicant shall provide the crosswalk and signage as a part of the construction of their development. SECTION 2: The Final Order approved by the City Council is hereby made a part of the permanent record. PASSED: This day of_ - -�it�c�l 2001. Yayor Vffard ATTEST: City Recorder-City of Tigard RESOHERON PARK SUBDMSION Page 2 of 2 3:\CURPLN\Ke in\Subdivision\Biue Heron 8-2"1 res..dot Attachment 2 NOTICE OF FINALORDER NO 200'-02 PC BY THE PLANNING COM-MISSION corn� not SfwpiegA 48etierO mmuniey FOR THE CITY OF TIGARD, OREGON 120 DAYS =8028/2001 SECTION I. APPLICATION SUMMARY FILE NAME: BLUE HERON PARK SUBDIVISION CASE NOS.: Subdivision SUB 8200 -00001 Zone Change(ZON) ZON2001-00002 Planned Development Review(PDR) PDR2001-00001 Sensitive Lands Review(SLR) SLR2001-00003 Adjustment(VAR) VAR2001-00002 PROPOSAL: Approval of an 184ot subdivision on 4.15 acres. The lots are to be developed with attached single-family homes. Lot sizes within the development average dust over 3,800 square feet. Development is to be clustered on the west side of the development site, allowing for the preservation and enhancement of the pond, wetland,and stream area on the eastern portion of the property. A sensitive lands review is required for the development due to the presence of steep slopes, a wetland,and a natural drainageway on the site_ The applicant has also requested an adjustment to the maximum allowed cul de sac length to allow fora cul-de-sac length of approximately 500 feet. APPLICANT: Urban Development Corporation OWNER: Erroyl Hawley Attn: AI Jeck 9055 SW 91—' #7 9600 SW Oak Street,Suite 230 Portland,OR 97223 APPLICANT'S Portland,OR 97223 REP: Alpha Engineering,Inc. Matthew Srague,Project Planner O 9600 SW ak Street,Suite 230 Portland,OR 97223 ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 12450 SW Walnut Street; WCTM 2S103BC, Tax Lot 3900. The groject site is located on the south side of SW Walnut Street, opposite of SW 124 Avenue and west of SW 1215 Avenue. - APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18-350,18.370,18.380, 18.390, 18.430, 18.510, 18 705, 18.715, 18.720, 18 725, 18.730, 18.745, 18.765, 18.775, 18.790, 1B.795,18.797 and 18.810. 1 t SECTION If. DECISION Notice is hereby given that the City of Tigard Planning Commission has DENIED the above request based on the finding that the development would adversely effect the welfare of the City. NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 1 OF 38 SUB2001-00o0120N2001-00002/PDR2001-00001/SLR2001-00003NN22001-00002-13LUE HERON PARK SUBDIVISION CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED"PRIORTO`COMMENCING ANY'ONSITE IMPROVEMENTS,INCLUDING GRADING,EXCAVATION AND/OR FILL ACTIVITIES: Submit to the nginee ng epa men (Brian Rager, , ext. or review an approval: 1. Prior to commencing onsite improvements, a public improvement permit and compliance agreement is required for this project to cover all public Improvements, including the construction of the private street and stone drainage facilities, and any other work in the public right-of-way. Seven (7) 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 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). 2. As a part 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. 3. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 4. The applicant's construction plans shall show a new private street entrance from SW Walnut Street. The entrance shall be established with a standard commercial driveway apron. 5. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street shall meet the City's public street standard for a local residential street. 6. The applicant's construction plans shall indicate that they will construct a pedestrian/bike path to the western boundary of this site. The pathway shall be lighted,and shall be placed in a tract to be dedicated to the City on the final plat. The sidewalk portion along the private street shall be five feet in width. The portion from the end of the private street to the western property line shall be eight feet in width. 7. The applicant's construction plans shall show"No Parking"signs placed along both sides of the new private street_ 8_ The applicant's construction plans shall show the new 8-inch public sanitary sewer line extending to the western boundary of this site. 9. The applicant's construction plans shall provide for back yard private storms lines to pick up any flows that may develop from existing parcels uphill of this site. 10_ Prior to construction, the applicant shall demonstrate that their construction plans meet the pertinent requirements from their USA Service Provider Letter. 11. The applicant's construction plans shall indicate they will remove necessary vegetation in the right-of-way of SW Walnut Street, to improve the sight distance east of the new private street entrance. 12. The applicant's constructionpfans shall show an advanced intersection sign (MUTCD W2-1)to alert westbound motorists of the intersection at SW I2; Avenue and the new private street. NOTICE OF FINAL ORDER No.2001-02 PC BY THE PLANNING COMMISSION PAGE 2 OF 38 SUB2001-00001/ZON2001-00002/PDR2001-00001/SLR2001-00003NAR2001-00002-BLUE HERON PARK SUBDIVISION 13. Any extension of public water lines shall be shown on the proposed public improvement constnlctson drawings and shat!be reviewed and apppproved by the City s Water Department,as a part of the Engineering Department plan review. tYOTE: An estimated 12%of the water system cxlsts must be on deposit wdh_the Water Department prior to approval of the public improvement plans from the Engineering Department and construction of public water lines. 14. Prior to construction,the Public Works Department shall review and approve the applicants water distribution plan: The Public Works Department may require a master meter with backflow protection to be Installed at the private street entrance at SW Walnut Street. With that scenario, the onsite water line(s)and individual meters would be private. 15. Final design Plans and calculations for the proposed private water quality facility shall be submitted to the Engineering Department (Brian Rager) as a part of the public improvement plans. Included with the plans shall be a proposed landscape plan and maintenance plan_ 16. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, December 2000 edition." 17. 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 stone drainga 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. 18. The applicant shall incorporate the recommendations from the submitted geotechnical report by GeoPacific Engineering dated March 6, 2001, into the final grading plan. The geotechnical engineer shall be employed by the applicant throughout the entire construction period to ensure that all grading,including cuts and fills,are constructed in accordance with the approved plan and Appendix Chapter 33 of the UBC. A final construction supervision report shall be filed with the Engineering Department prior to issuance of building permits. 19. The final construction plans shall be signed by the geotechnical engineer to ensure that they have reviewed and approved the plans. The geotechnical engineer shall also sign the as-built grading plan at the end of the projecf. 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. Submit to the Planning Department(Kevin Young,639-4171,ext.407)for review and approval: 21. The applicant shall use appropriate Best Management Practices for Erosion Control, as required in the USA service provider letter. 22. The applicant shall be required to meet all conditions of the USA service provider letter,at the appropriate stages of the development process. a 23. The applicant shall redesign the proposed stormwater facility so that it does not result in grading or filling within the wetland areas on the site. The stormwater facility may be located within the 50-toot vegetated corridor, but may not be located within the wetland or drainageway. 24. The applicant shall abide by all Tree Protection Standards included in the arborist's report prepared by Walter H. Knapp, dated February 20, 2001. Required tree preservation fencing a shall be installed prior to site grading or clearing and shall remain In place until final occupancy permits are issued for the proposed homes. 25. The applicant shall revise their erosion control plan to address and include all requirements noted in Sections 18.797.080(Subsections J and K). 26. No site grading or clearing will be allowed until all necessary erosion control measures are in place. NOTICE OF FINAL ORDER NO-2001-02 PC BY THE PLANNING COMMISSION PAGE 3 OF 38 SUB2001-0000120N2001-00002"R2001-00001/SLR2001-001-�03NAR2001-00002-BLUE HERON PARK SUBDIVISION 27. The applicant shall prepare tree mitigation materials to indicate the total number of caliper inches of trees to be removed. The applicant shall indicate how they intend to mitigate for 50% of the total number of caliper inches to be removed. 28. The applicant shall submit a bond to provide for the planting of the required caliper inches of trees. An approximate figure for the cost of purchasing,transporting,planting,and maintaining a 2-inch caliper tree is $200. The applicant shall specify how they propose to mitigate for the required caliper inches to be mitigated., All mitigation trees shall be a minimum of 2-inch caliper size. If the applicant intends to mitigate on-site by planting trees,a revised landscapin plan shall be required that indicates which trees are to be counted towards the mitigation total. Street trees and trees required to meet the buffer and panting lot tree requirements shall not be counted toward the mitigation trees. 29. The applicant shall revise the tree preservation plan to indicate which trees to be removed,if any, are located within sensitive land areas on the site. If trees of 12 inch caliper size or greater are to be removed from sensitive land areas,a tree removal permit shal! be required to authorize their removal. THE FOLLOW�R(!iG 00NPI TIONS SHALL BEZATpSFIED PRIC�FPF©,SAL UFTh1EFIN>o,L�IAi ` Suomi o the Engineering Department nan ager, , ext. V31B or review an approval: 30. Priorto approval of the final plat, the applicant shall pay an addressing fee in the amount of $540.00. (STAFF CONTACT= Kit Church,Engineering). 31. The face of the final plat shall show a right-of-way dedication for SW Walnut Street to provide a total of 33 feet from the centerline. 32. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners who abut and take access from it. 33. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to tie recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street_ The CC&R's shalt obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street. The applicant shall submit a copy of the CC&R's to the Engineering Department(Brian Rager)prior to approval of the final plat. 34_ Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. 35. The applicant shall either place the existing overhead utility lines along SW Walnut Street underground as a part of this project,or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will qbe$27.50 pper lineal foot. If the fee option is chosen,the amount will be$ 1,238.00 and it shall be paid prior a to approval of the final plat_ 36. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private water quality/detention facility will be jointly owned and maintained by the developer or by i the future homeowners within the subdivision. a37. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and i Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a a maintenance plan and agreement for the proposed private water quality/detention facility. The a CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the facility. The applicant shall submit a copy of the CC&R's to the Engineering Department(Brian Rager)prior to approval of the final plat. 38. The applicant's final pplat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system(GPS)geodetic control network. These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 4 OF 38 SUB20014)000120N20014)0002MDR2001-00001/SLR2001-00003IVAR2001-00002-BLUE HERON PARK SUBDIVISION measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: e GPS tie networked to the City's GPS survey. By random traverse using conventional surveying methods. 39. 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. 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-0f-way dedication for SW Walnut Street 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 pennit from the City to complete the work- E. Once the Ci and County have reviewed the final plat,submit two mylar copies of the final plat for City Engineer's signature. Submit to the Planning Department(Kevin Young,639-4171,ext.407)for review and approval: 40. The applicant shall provide a landscape buffer in compliance with the requirements of the landscape buffer C standard in Table 18.745.2 along the western edge of Lot 13. The applicant shall revise the landscape plan to comply with this requirement. 41. Prior to final subdivision plat approval, the applicant shall convey title for the proposed open space area in accordance with the requirements of Section 18.350.110.A.2.b of the Tigard Development Code. 42. Prior to approval of the final plat, the applicant shall Prepare Conditions, Covenants, and Restrict. (CC&R's)fpor this project,to be recorded with the final plat,that clearly set out the Ih uirement that native lantinggs that do not survive the first two years must be replaced,and I replacement plants must be maintained for two yyears following replacement. The CC & R's shall obligate the pnvate property owners within the subdivision to create a homeowner's association to ensure that the plantings are maintained. The applicant shall submit a copy of the CC a R's to the Planning Department(Kevin Young)prior to approval of the final plat. 43- Per the requirements of Section 18.790.040.13,the applicant shall record a deed restriction for all trees designated to be preserved to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. A copy of the deed restriction documentation shall be reviewed and approved by the City prior to final plat approval. THE,EOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit o t e ngineering Department (Brian Kager, , ex . or review an approval: 44- Prior to issuance of building permits,the applicant shall provide the Engineering Department with + a mylar copy of the recorded final plat. 45. The City Engineer may determine the necessity for, and require submittal and approval of, a 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. a 46. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public improvements substantially complete. Substantial completion shall be when: 1)all utilities are installed and inspectedfor 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 ligfrts are installed and ready to be energized. (NOTE: model home permits may be issued by the City apart from this condition,and'in accordance with the City's model home policy). NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 5O 38 SUB2001-0000120N200/-00002/PDR2001-00001/SLR2001-00003NAR2001-00002-BLUE HERON PARK SmDMSION Submit to the Planning Department(Kevin Young,639-4171,ext.407)for review and approval: 47. Prior to foundation inspections for individual homes, erosion control measures shall be in place. THE FOLLOWING CONDITIONS MUST BE RESOLVED PRIOR TO ISSUANCE OF FINAL OCCUPANCY PERMITS: Submit to the Planning Department(Kevin Young,639-4171,ext.407)for review and approval: 48 The applicant shall re-vegetate all affected areas in compliance with Section 18.745.060 after construction activities are completed and prior to removal of erosion control measures. IN ADDITION,THE APPLICANT SHOULD BE AWARE:OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENTXGODE; 0�IS4IS NOT AhIsEXGL1lSlVE,LIST: 18.430.080 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans are issued by the City,the Subdivider shall: 1_ Execute and file an agreement with the City Engineer�yecifying the period within which all required improvements and repairs shall be comple ed; a 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 fetter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed b a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.430.100 Filing and Recording: Within 60 days of the City review and approval,the applicant shall submit the final plat to the County for i signatures of County officials as required by ORS Chapter 92. j Upon final recording with the County,the applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat Application Submission Requirements: Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANMNG COMMISSION PAGE 6 OF 38 SUB2001-0000120N2001-00002/PDR2001-00001/SLR2001-00003/VAR2001-00002-BLUE HERON PARK SUBDIVISION 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 wl 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 PTs). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Re wired Monument xes con Tired to City standards will be required around all centerline intersection points, cul-de-sac center points,and curve points. The tops of all monument boxes shall be set to finish pavement grade. 18.810 Street&Utility Improvement Standards: 18.810.120 Utilities All uility ines including,but not limited to those required for electric, communication,lighting and cable televtision 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 Reouired All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured_by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City,permit fee paid and permit issued. 18.810.180 Notice to City Reouired Work shall not begin unti the City has been notified in advance. I If work is discontinued for any reason,it shall not be resumed until the City is notified. 18.810.200dEn ers Certification The an ers engineer shall provide written certification of a form provided by the City that all improvements, workrpanship and materials are in accord with current and standard engineering and s construction practices, and are of high grade, prior to the City acceptance of the subdivision's a improvements or any portion thereof for operation and maintenance. a THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THE PLANNING COMMISSION'S DECISION. NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 7 OF 38 SUB2001-0000120N2001-00002IPDR2001-000011SLR2001-0�AR2001-00002-BLUE HERON PARK SURD AIISION SECTION 111. BACKGROUND INFORMATION ite Histo he property currently contains a single-family residence and outbuildings. All buildings currently on site are proposed to be removed. A search of city records found no previous land use cases associated with this parcel. Vicinitv Information: The site isoT'cated on the south side of SW Walnut Street,west of SW 12151 Avenue across from SW 124th Avenue. Access to the site occurs via a 40-foot-wide"panhandle"from Walnut to the main body of the parcel. The panhandle is approximately 115 feet long. The site is bordered by underdeveloped property to the west and south,and by the Fyrestone subdivision to the east. Little development opportunity exists to the north,where single-family homes are currently developed along Walnut Street. Site Information: The subject site consists of approximately 4.15 acres and is currently zoned R-4.5. The western half of the site contains a creek, pond (heavily silted in), and associated wetlands. In general, the site slopes downhill from west to east reaching the bottom of a drainageway, which flows fiPoni south to north. Slopes on the east side of the drainageway are uphill from west to east. Slopes on the property range from 2%to 29%,with the western portion,where development is proposed,having the more gentle slopes. SECTION IV DECISION MAKING PROCEDURES PERMITS AND USE Use Classification: Section 18.130.020 Lists the se Categories. The applicant is proposing to construct 18 attached single-family dwelling units each on separate lots. This use is classified in Code Chapter 18.130(Use Classifications)as Household Living The site is located within the R-4.5, Low Density Residential District. Table 18 510.1 lists Household Livingas a permitted use in the R-4.5 zone. Table 18.510.1 also states that attached single units are perm ed in R-4.5 zones only as part of an aFproved planned development. The applicant has applied for planned development approval in conjunction with the subdivision. Summa Land Use Permits, Chapter 18.310 Definecrslon-ma ing type to which the land-use application is assigned. This is a Planned DevelopmenttSubdivision,which is defined as a Type Ill-PC Application. Decision Maki?Procedures:Chapter 18.390 Describes the decision-malting procedures. Type Ill procedures appply to quasi-judicial permits and actions that contain predominantly discretionary approval critena_ Type Ill-PC actions are decided by the Planning Commission with appeals to or review by the City Council. SECTION V. NEIGHBORHOOD COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the a subject site be notified of the proposal,and be given an opportunity for written comments and/or oral i testimony prior to at decision being made. In addition, the applicant is required to post the site with notice of the public hearing• Staff has verified that the site is posted. Other than a request to be notified when the staff report is completed,no comments have been received from neighbors or other interested parties. NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 8 OF 38 SUB2001-0000120N2001-00002/PDR2001-000011SLR2001-00003NAR2001-00002-BLUE HERON PARK SUBDIVISION SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A zone change is necessary to add a Planned Development overlay designation to the subject site, per the requirements of Section 18.350.020. The requested zone change is classified as a quasi- judicial zoning map amendment. The requested zone change does not require a comprehensive plan map amendment, and therefore may be determined by the Planning Commission through the Type III-'PC decision process. A. Zone Chane e: Standards for_Making Quasi-Judicial Decisions:Chapter 18.380 A recommendation or a decision to approve, approve with n itions or to deny an application for a quasi-judicial zoning map amendment shall be based on all of the following standards: 1 Demonstration of compliance with all applicable comprehensive plan policies and map designations; The proposed change is consistent with the comprehensive plan policies and map designations because the comprehensive plan specifically recommends the use of the planned development process for development adjacent to sensitive land areas. Policy 3.2.4 of the City of Tigard Comprehensive Plan states in part, that"Development on property adjacent to significant wetlands shall be allowed under the panned development section of the code." .2. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance;and The proposed zone change is in compliance with the requirements for planned development(PD)in Section 18.350.020, which require the establishment of a PD overlay zone. The proposed zone change is in compliance with all other applicable requirements. 3. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. The developer has recognized that flexibility will be required to develop the subject parcel,due to the presence of sensitive land areas on the subject site. The PD process provides the needed flexibilityy to allow development to be clustered on the developable portion of the property. The base R-4.5 toning was applied to a large area,which included this site. The adoption of the PD overlay zone will allow for a refinement of applicable zoning requirements based on the unique site constraints of the development site. Based on these findings, staff recommends approval of the requested planned development overlay zone for the parcel identified as WCTM 2S103BC,Tax Lot 3900. B. GENERAL PLANNED DEVELOPMENT STANDARDS _ The applicant has requested a Planned Development (PD) overlay zone change for the subject property. The PD overlay requires developers to follow the Planned Development process for any proposal on affected sites. The Planned De 'I' chapter provides for flexibility on development design and allows deviation from certain standards of the base zone. The following' addresses compliance with the process and ppli.ab1,base zone standards. The Planned Development Process: Section 18.350.030 states that there are three elements to the planned development approval process,as follows: The approval sof the planned development overlay zone; The approval of the planned development concept plan; and The approval of the detailed development plan. This application is for all three elements of the planned development process,overlay zone, concept plan,and detailed plan. A licabili Of The Base Zone Development Standards: Section 18. 50.070 requires compliance to specific development standards: The provisions of the base zone are applicable as follows: NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 9 OF 38 SUB2001-0000120N2001 JPDR2001-000011SLR2001-0OD03NAR200i-00002-BLUE HERON PARC SUBDIVISION 1. Lot dimensional standards- The minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under Chapter 18.715; The proposed lots utilize allowed flexibility in the lot dimensional standards. As discussed later in this report,the project complies with density requirements. 2. Site coverage: The site coverage provisions of the base zone shall apply; There is no site coverage requirement in the R-4.5 zone;therefore,this criterion is not applicable. 3. Building height: The building height provisions shall not apply; and Although the height restriction does not apply, all proposed homes will be less than the 30-foot maximum height allowed in the R-4.5 zone. 4. Structure setback provisions: a. Front yard and rear yard setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; Buildings on Lots 7-12 mainiain the required 15-foot rear yard setback in the R-4.5 zone. All other proposed homes will maintain at least a 10-foot side yard setback along the perimeter of the project. This is twice the required 5-foot side yard setback required in the R-4.5 zone. b. The side yard setback provisions shall not apply except that all detached structures shall meet the Uniform Building Code(UBC) requirements for fire walls; The applicant has shown side yard setbacks within the project of 4 feet, which is in excess of the UBC setback requirement of 3 feet from the property line. The applicant has also shown 10-foot street side setbacks for homes on corner lots within the project. This setback complies with UBC standards as well. C. Front yard and rear yard setback requirements in the base zone setback shall not appiy to structures on the interior of the project except that:(1)A minimum front yard setbackk of 20 feet is required for any garage structure which opens facing a street; (2) A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided All homes will be provided with a garage setback of at least 20 feet, which is in excess of the minimum requirement from a private street. Other provisions of the base zone: All other provisions of the base zone shall apply except as modified by this chapter. Any additional provisions of the base zone are discussed within the body of this report or will be i reviewed during the building permit phase. FINDING: The planned development standards, and their applicability to the base zone standards a are fully met. PD Approval Criteria: 18.350.100 B. S cific tanned develo menta roval criteria.The Commission shall make findings q ' that t e ollowing criteria are satistie when approving or approving with conditions, a ( the concept plan. The Commission shall make findings that the criteria are not satisfied when denying an application. 1. All the provisions of the land division provisions, Chapters 18.410, 18.420 and 18.430,shall be met; The applicant has applied to subdivide the property concurrently with the planned development approval; therefore,all subdivision criteria must be satisfied. Following is an analysis of compliance with the subdivision approval criteria in Section 18.430: NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 10 OF 38 SUB2601-000011ZON2001-000021PDR2001-0OOO1JStR2001-00W31VAR.2001-00002-BLUE HERON PARK SUBDIVISION Preliminary Subdivision Plat Approval Criteria: 18.430.040 A. A rova cNteria. The Approval Authority may approve, approve with conditions or deny a pr m nary plat based on the following approval criteria. 1. The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations; The proposed plat complies with the zoning ordinance and other applicable ordinances and regulations. 2. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; The applicant has reserved the name "Blue Heron Park" with Washington County. The name reservation is good for two years and was received on January 17,2001. 3. 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 There are no street stubs to this property from adjacent properties. The applicant has provided arguments for why public street connections are not needed to adjacent parcels from their development. These arguments are evaluated later in this report under discussion of the requested adjustment to the maximum allowed cul-de-sac length. 4. An explanation has been provided for all common improvements. The applicant has provided an explanation for all common improvements. .FINDING: The proposed development complies with all preliminary subdivision criteria. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods,if acceptable to the Commission,that promote the purpose of this section. In each case,the applicant must provide findings to justify the modification of the standards in the chapters listed in Subsection 3 below. The developer may choose to provide or the commission may require additional open space dedication and/or provision of additional amenities,landscaping or tree planting. a. Chapter 18.795, ®ensity Computation and L'emitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district. - The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/or site variation incorporated into the development. These factors must malts a substantial contribution to objectives of the planned development The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission ayapprove .cord ng to the following: �1 A maximum of 3%is allowed for the provision of undeveloped common space; 2 A maximum of 3% is allowed for landscaping; streetscape development; developed open spaces, plazas and pedestrian pathways and related amenities; recreation area development; and/or retention of existing vegetation; (3) A maximum of 3% is allowed for creation of visual focal points; use of existing physical amenities such as topograpphy,view,and sun/wind orientation; (4) A maximum of 3% uality of architectural quality and style; harmonious use of materials; innovative building orientation or building grouping; and/or varied use of housing types. NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 11 OF 38 SUB20014)000120N2001-000021PDR2001400001/SLR2001400003VVAR200140002-BLUE HERON PARK SUBDIVISION The applicant has requested density bonuses in the following amounts: .49 dwelling units 3%for the undeveloped common space .16 dwelling units I%for streetscape development&the retention of existing vegetation. .32 dwelling units 2%for the use of existing topograph and views 16 dwelling units 1%for architectural quality and_build ng orou Vin s TIZ-dw—elling units density nus requesteu The applicant has proposed to preserve and enhance over 50,000 square feet of the site as open space in Tract C, as well as providing water quality and detention facilities in an enhanced natural area of approximately 40,000 s uare feet. These two open space tracts comprise approximately half of the development sites 180,74 square feet. Staff concurs with granting a 3% density bonus for their open space provision. The applicant's private.street design creates two"islands"within the street,which will contain 4 large Douglas Fir trees and a 20-inch diameter Western Red Cedar. This feature will serve to slow traffic and provide a pleasant streetscape that will be friendly to the pedestrian. Staff recommends granting the requested 1%density bonus for the proposed streetscape development. The project's design "clusters"development on the less sensitive portion of the site and utilizes and enhances the sensitive area as an amenity for residents and neighbors. The natural topography is used to create views of the wetlands from some of the homes. Staff recommends granting the 2% density bonus for topography and views. The proposed design nestles proposed homes into the wooded area, and orients buildings to minimize the"footprint of development while serving to highlight the natural features of the site. The submitted building elevations will be harmonious with the natural setting of the site and will create a harmonious style within the development. Staff recommends granting the 1% density bonus for architectural quality and building grouping. The requested density bonuses under the PD provisions do not exceed the 10% allowed (7% is requested). Granting these density bonuses would bring the allowed density on the site up to 17.31 dwelling units (16.18 + 1.13). The applicant has also requested a 4.3% densit bonus for the retention of tree canopy as allowed under the provisions of Chapter 18.790. As d scussed in that section, Staff recommends approval of the requested density bonus, allowing for the development of 18 dwelling units on the development site- Staff notes that if the site were not constrained with sensitive land areas, the maximum density allowed on the site would be approximately 21 dwelling units. b. Chapter 18.730,Exceptions to Development Standards; None apply. This criterion is not applicable. C. Chapter 18.795,Visual Clearance Areas; The applicant has proposed planting one Comus Nuttallii tree within the vision clearance area to the east of the intersection of the private street and Walnut Street. The tree is not anticipated to create a vision clearance problem, but must be maintained in accordance with the requirements of Chapter 18.795. There is.an existing 36 inch diameter fir tree within the right-of-way, but outside the paved width of Walnut Street that does not currently interfere with vision clearance for the intersection. Staff believes that the proposed improvements to the intersection would not result in a vision clearance conflict. However, if the proposed improvements do result in a configuration which is determined to be unsafe,•the applicant will need to remove the tree. Tree mitigation for 50% of the total caliper i inches of the tree will be required if the tree is removed. Staff will determine if there is a vision clearance problem during the public improvement process. d. Chapter 18.745,Landscaping and Screening; The applicant has proposed locating street trees on the individual lots within the subdivision and along the edge of the street. Twelve Red Sunset Maples and 12 Pacific Dogwoods are proposed. These will satisfy the street tree planting requirements. NOTICE OF FINAL ORDER NO-200102 PC BY THE PLANNING COMMISSION PAGE 12 OF 38 SUB2001-000011LON2001-OUT02/PDR2001-000011SLR2o01-00003/VAR2001-70002—BLUE HERON PARK SUBDIVISION Typically, for attached single-family development abutting existing . detached single-family development, buffer standard A"is required,which constitutes a 10-foot setback cxwered with lawn or livin�7 groundcover. The proposed design provides a 10-foot minimum separation from building to property line. Individual yards will be landscaped with lawn or living groundcover. This standard will e met without need of a condition. e. Chapter 18.765,Off-street Parking and Loading Requirements; The applicant has proposed that all homes will be provided with 2-car garages and at least 20 feet in front of the garages,which will more than adequately provide for the 1.75 parking spaces required for attached 3-bedroom,single-family dwellings. The parking spaces comply with applicable dimensional requirements. f. Chapter 18.705,Access,Egress and Circulation; and Each dwelling will be served by a driveway that is at least the 10-foot minimum required width. The proposed private street improvements are evaluated under discussion of compliance with street and utility standards in Section 18.810 later in this report. g. Chapter 18.780,Signs. No signs are proposed in conjunction with this development. Any future signage will be subject to the sign permit requirements in Chapter 18.780. FINDING: Staff fends that the proposed development is consistent with the guidelines listed in the Planned Development Section 18.350.100.B.2. 2. In addition,the following criteria shall be met: a. Relationship to the natural and physical environment: (1) The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural: drainage to the greatest degree possible; The site elements are designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible. Approximately 74%of the trees on the site over 12 inches in diameter will be preserved. As discussed in the sensitive lands analysis, on-sitegrading is limited, given the topography of the site. The proposed development will preserve and enhance the natural drainage function on the site. (2) Structures located on the site shall not be in areas subject to ground slumping and sliding; The applicant has submitted a geotechnical report,which is discussed in more detail in the sensitive lands review analysis later in this report. The geotechnical re rt finds that structures may be located as proposed without danger of ground slumping or sliding, if�the recommendations of the report are followed. Compliance with the recommendations of the geotechnical report is a recommended condition of the sensitive lands analysis_ (3) There shall be adequate distance between on-site buildings and other on-site and off-site buildings on adjoining properties to provide for adequate light and air circulation and for Fre protection; Buildings along the perimeter of the development are at least 10 feet from the property line. The side yard setback reduction to 4 feet provides more than the 3-foot separation required for building code/fire separation purposes. The buildings are clustered in units of two, which will allow for adequate light and air circulation_ (4) The structures shall be oriented with consideration for the sun and wind directions,where possible;and Eight dwelling units are oriented well for sun exposure, 4 units are oriented for the predominant southwest wind direction. Site constraints do not allow further building orientation for sun and wind. NOTICE of FINAL oRDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 13 OF 38 SUB2001-00001/ZON2001-00002/PDR2001-00001/SLR2001-0000WAR2001-00002-BLUE NERON PARK SUBDroslot4 (5) Trees preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790,Tree Removal. Trees are preserved to the maximum extent possible, given the density and infrastructure needs of the developable portion of the site. For a more complete discussion of this issue, refer to the discussion of compliance with the requirements of Chapter 18.790. Findings from that analysis are hereby incorporated by reference as findings-under this criterion. b.. Buffering,screening and compatibility between adjoining toss: (1) Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential,and residential and commercial uses; As discussed previously, the proposed development is in compliance with the standard landscaped buffer requirement between detached single-family and attached single-family dwellings. (2) In addition to the requirements of the buffer matrix(Table 18.745.1),the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: (a) The purpose of the buffer,for example to decrease noise levels,absorb air pollution,filter dust,or to provide a visual barrier; (b) The size of the buffer needs in terms of width and height to achieve the The The direction(s)from which buffering is needed; JcdJ The required density of the buffering;and eWhether the viewer is stationary or mobile. The nearest abutting development is the single-family dwellings located northwest of the development site. Clusters of trees will be preserved in this area. Because of the proximity of the proposed home on Lot 13 to the existing single-family dwelling to the west,staff recommends the following condition to enhance the buffering and screening in that location: CONDITION:Staff recommends that the applicant provide a landscape buffer in compliance with the requirements of the landscape buffer C standard in Table 18.745.2 along the western edge of Lot 13_ The applicant shall revise the landscape plan to comply with this requirement. (3) On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered In determining the adequacy of the type and extent of the screening: (a)VVhat needs to be screened; di b The rection from which it is needed;and c)Whether the screening needs to e year-round. street and driveway will be pntrthe ecnntnehs® rierion o Pro osed stora eareas other proposed activities that would require screening this criterion. c. Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible,to protect the private areas on the adjoining properties from view and noise; d. Private outdoor area—multi-family use: e. Shared outdoor recreation areas—multi family use: These criteria relate to non-residential or multi-family structures and are not applicable to the proposed attached single-family development. f. Access and circulation: (1) The number of allowed access points for a development shall be provided in Chapter 18.705; The proposed development complies with the access standards in Chapter 18.705. NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 14 OF 38 suB2o01-O000/20N2001-00002/PDR2i001-00001/SLR2001-00003NAR2001-00002-BLUE HERON PARK SUBDIVISION (2) All circulation patterns within a development must be designed to accommodate emergency vehicles;and Referral comments from Tualatin Valley Fire and Rescue indicate that the proposed circulation system for the development is acceptable if their conditions are addressed. See Section Vlll of this report for more details. (3) Provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an adopted plan. No pedestrian or bicycle ways are shown on an adopted plan; however, the project is providing a F way at the terminus of the private street to facilitate pedestnan/bicycle circulation to future development to the west. g. Landscaping and open space: (1) Residential Development: In addition to the requirements of subparagraphs (4) and (5) of section a of this subsection,a minimum of 20 percent of the site shall be landscaped; 35%of the development site will be landscaped. h. Public transit: (1) Provisions for public transit may be required where the site abuts a public transit route. The required facilities shall be based on: The development does not abut a public transit route. The nearest transit route is at the comer of 12151 and Walnut. Tri-Met officials have been notified of the proposed development and have not indicated a need for transit facilities at this location. !. Signs: No signage is proposed with this application. j. Parking: (1) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter Chapter 18.765; (2) Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. ' Parking will comply with all applicable requirements of Chapter 18.765. Please refer to the previous discussion of compliance with parking standards in Section 18.350.100.B.2.e. No parking lots are I proposed in conjunction with the proposed development. i k. Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.775, and the criteria in the adopted 1381 master drainage plan; j Storm drainage complies, or will be conditioned to comply with applicable City of Tigard and IDSA requirements. For a more detailed discussion of storm drainage, see the discussion of compliance with the requirement of Chapter 18.775 later in this report. I 1. Floodplain dedication Where landfill and/or development vs allowed within or adgacQnt to the 100-year floodplain, the City shall require consideration of the rDedication of sufficient o en land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. NOTICE OF FINAL.ORDER NO.2001-02 PC BY THE PLANNING COMMSStON PAGE 15 OF 38 SU62001-0000120N2001-00002/PDR2001-0OOOLSLR2001-00003/VAR2001-00002-BLUE HERON PARK SUBDMSION No areas within the 100-year floodplain exist on the site. This criterion is not applicable. FINDING: Theproposed development complies, or can be conditioned to comply with all planned development approval criteria contained in Section 18.350.100 of the Tigard Development Code. 18.350.110 Shared Open Space A. Requirements for shared oven sace. Where the open space is designated on the plan as common open space the following applies: 1. The open space area shall be shown on the final plan and recorded with the Director;and 2. The open space shall be conveyed in accordance with one of the following methods: a. By dedication to the City as publicly-owned and maintained as open space. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations; b. By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity,with the City retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include provisions suitable to the City Attorney for guaranteeing the following: 13J 1) The continued use of such land for the intended purposes; 2 Continuity of property maintenance; When appropriate, the availability of funds required for such maintenance; 4 Adequate insurance protection;and 5 Recovery for loss sustained by casualty and condemnation or otherwise. C. By any method which achieves the objectives set forth in Subsection 2 above of this section. The applicant has indicated that the open space areas on the site will be conveyed to the developments' Homeowner's Association. To ensure compliance with City of Tigard standards, the following conditions shall apply: CONDITION:Prior to final subdivision plat approval, the applicant shall convey title for the pproposed open space area in accordance with the requirements of Section 18.350.11 of the Tigard Development Code. 18.370.20 Adjustments 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 18.370.010C. 18.370.020.0.9. Adjustments for street improvement requirements (Chapter 18.810). By means of a Type 11 procedure,as governed by 18.390.040,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 applicant has requested an adjustment to the maximum allowed cul-de-sac length of 200 feet, per Table 18.810.1. The proposed private cul-de-sac is approximately 500 feet in length. The applicant has argued that providing a public street connection through the proposed development would result in fewer trees preserved on the site and further impacts to sensitive areas on the site. NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 16 OF 38 SM2001-00009/ZON2001-000021PDR20014)0001/SLR2001-000031VAR2001.00002-BLUE HERON PARK SUBDMSION Accommodating the required street width and turning radius for a public street would reouire that a greater portion of the developable area of the site be devoted to streets than would be alewed for a private street. The proposed private street is 30 feet wide,with a 24-foot paved width. The narrowest street would also require more of the site to be devoted to the roadwaypossible public street would be 42 feet wide,with a 24-foot paved width. The cure;. The par 7�and!e portion of the:radius for a public site is only 40 feet wide, which would not fully accommodate the narrowest public street. The undevelophas ed also provided a circulation plan that shows how access may be publics to adjacent development properties in the future without the need for a public street connection through the Staff finds that requiring a public street connection to the property to the west rather than a private cul-de-sac in excess of the 200-foot cul-de-sac standard would result in adverse impacts to existing development, including the removal of additional healthy trees on the development site, and additional traffic and noise impacts that would result from a through street connection in this location. Staff finds that granting the adjustment would result in reduced impacts to trees on the site, and would allow development to occur at a greater separation from the sensitive areas of the site. The applicant has amply demonstrated that access to adjacent underdeveloped parcels can be provided by other means. FINDING: Based on the preceding analysis, staff recommends that the requested adjustment to the cul-de-sac length be approved. The street will serve no more than 20 dwelling units and will be constructed with a 24-foot paved width,as required for streets with less than 200 average daily.trips. DESIGN COMPATIBILITY STANDARDS: CHAPTER'88.720 Applica ility of Provisions: Section 18.720.020 These provisions apply to all multi-family and attached single-family residential projects in zoning districts R-4.5 through R-40 that abut property zoned for single-family residential development, R-1 through R-4.5. These standards are applicable to this site because the property abuts existing single- family development. DESIGN STANDARDS: 18.720.030- A- Density Transition 9. Building height shall not exceed two stories or 25 feet within 30 feet of the property fine or three stories or 35 feet within 50 feet of the property line. s The submitted elevations show that building height,as measured per Figure 18.120.1,will not exceed 25 feet within 30 feet of the property line. All proposed homes will be 25 feet tail or less. 2. Building planes for multi-family dwellings within 50 feet of the common property line(s) and abutting public rights of way shall be subject to the following standards... This criterion is not applicable to the proposed attached single-family dwelling development. B. Front facades. Allprimary ground floor common entries or individual unit entries of street frontage units shat! be oriented to the street, not to the interior or to a panting lot. The front elevation of large structures must be divided into smaller areas or planes of 500 square feet or less. Projecting features such as porches, balconies, bays and dormer windows and roof pediments are encourages for structures facing a street to create visual interest. The front facades of the proposed homes will face the private street. They will contain projecting features,as desired. C. Main entrance. Primary structures must be oriented with their main entrance facing the street upn which the project fronts. If the site is on a corner, it may have its main entrance ooriented to either street or at the corner. All main entrances will face the private street. NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COWASSION PAC, UGC`, SUB2001-00MIIZC WI-00002/PDR2001-00001/SLR200/-00003IVAR2001-00002—BLUE HERON PARK SUBDIVIs1pW m D. Unit definition. Each dwelling unit shall be emphasized by including a roof dormer or bay windows on the street-facing elevation,or byproviding a roof gable or porch that faces the sireet. Ground-level dwelling units shall include porches that shall be at least 48 square feet in area with no dimension less than six feet. All dwelling units will incorporate street facing gables and porches as required. Proposed porches exceed the required 48 square foot minimum size and 6-foot minimum dimensional requirements. E. Roof lines. Roof-line offsets shall be provided at intervals of 40 feet or less to create variety in the massing of structures and to relieve the effect of a single, long roof. Roof line offsets shall be a minimum 4-foot variation either vertically from the gutter line or horizontally. Roof line offsets are provided,as required. F. Trim detail. Trim shall be used to mark all building roof lines, porches,windows and doors t at are on a primary structure's street-facing elevation(s). This requirement is met. G. Mechanical a ui ment. Roof-mounted mechanical equipment, other than vents or ventilators, shall a located and constructed so as to be screened from ground-level view. Screening shall be integrated with exterior building design. No roof-mounted mechanical equipment is proposed. H. Parkins. Parking and loadin areas may not be located between the prima%structuref� ann -t a s�treat upon which t e structure fronts. If there is no alley and motor vehicle access is from the street,parking must be provided: 1. In a garage that is attached to the primary structure; 2. In a detached accessory structure located at least 50 feet from the front property line; or 3. In a�parking area at the side or rear of the site. Parking will be provided in attached garages,which is one of the acceptable options for compliance. 1. Pedestrian circulation. 1. The on-site pedestrian circulation system shall be continuous and connect the ground-level entrances of primary structure(s)to the following: a. Streets abutting the site; b. Common buildings such as laundry and recreation facilities; C. Parking areas; d. Shared open space and play areas; e. Abutting transit stops;and f. Any pedestrian amenity such as plazas,resting areas and viewpoints. 2. There shall be at least one pedestrian connection to an abutting street frontage for each 200 linear feet of street frontage. Pedestrian connections will be provided from every home to the abutting private street. The sidewalk along one side of the street will provide access to Walnut Street to the north, as well as to the open space area. FINDING: - The proposed development complies with all design compatibility requirements. ENVIRONMENTAL PERFORMANCE STANDARDS: CHAPTER 18.725 B 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 o -the Tigard Muracipal Code shall apply. NICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 18 OF 38 '1001-00001/ZON2O01.00002/POR2001-00001/SLR2001-00003NAR2001-00002-BLUE HERON PARK SUBDMSION Visible Emissions. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is ermitte in any given zoning district which is discernible without instruments at the property Ine of the use concerned. Odors. The emissions of odorous gases.or other matter in such quantities as to be readilyy detectable at any point beyond the property line of the use creating the odors is prohibited.DELI rules for odors(340-028-090)apply. Glare and heat. No direct or sky reflected glare whether from floodlights or from h's h temperature processes such as combustion or welting,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 suns 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 iiia-intainecyga manner which will not attract or aid the propagation of insects or rodents or create a health hazard. As this is an attached single-family project,which is permitted within planned developments in the R- 4.5 zone, the applicable performance standards are considered to be met; however, ongoing maintenance to meet these standards shall be maintained. FINDING: This standard is met. SENSITIVE LANDS: CHAPTER 18.775 C. Sensitive lands ermits issued b the Director. 1_ The Director shall have the authority to issue a sensitive lands permit in the following areas by means of a Type 11procedure, as governed in Section 18.390.040,using approval criteria contained in Section 18.775.070 C-E: a. Dramageways; b. Slopes that are 25%or greater or unstable ground;and C. Wetland areas which are not regulated by other local, state, or federal agencies and are designated as significant wetlands on the Comprehensive Plan Floodplain and Wetland Map. 2- Sensitive lands permits shall be required for the areas in Section 18.775.020 D1 above when any of the following circumstances apply: a. Ground disturbance(s) or land form alterations involving more than 50 cubic yards of material; b. Repair reconstruction, or improvement of an existing structure or utility, the cost of which equals or exceeds 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction; C. esidential and non-residential structures intended for human habitation;and d. Accessory structures which are greater than 528 square feet in size, outside floodway areas. 18.775.50 General Provisions for Wetlands A. Code corn liance re uirements. Wetland regulations apply to those areas meeting the definition of wetlan in Chapter 18.120 of the Community Development Code, areas meeting Division of State Lands wetland criteria and to land adjacent to and within 25 feet of a wetland. Wetland locations may include but are not limited to those areas identified as wetlands in "Wetland Inventory.and Assessment for the City of Tigard, 1 Oregon,"Fishman Environmental Services,1994. B. Delineation of wetland boundaries. Precise boundaries may vary from those shown on wetiand maps; specific delineation of wetland boundaries maybe necessary. Wetland delineation will be done by qualified professionals at the applicant's expense. The development site contains sensitive land areas, including areas with slopes of 25% or greater, wetlands, and drainageways. NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE_19 OF 38 SU82001-00001/ZON2001-00002IPDR2001-000011SLf22001-0o003NAR2001-00002—BLUE HERON PARK SUBDIVISION Sensitive Lands Permits: 18.77 5.070 Min Ih excess ve s o s, a appropriate approval authority shall approve,approve with itions or eny an application request for a sensitive lands permit on slopes of 25% or greater or unstable ground based upon findings that all of the following criteria have been satisfied: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; The applicant's grading plan indicates that grading on site will be limited to adding fill to build-up Lots 4, 5 6 and 7, as well as excavating the series of stormwater detention basins. Areas of proposed graaing are outside of steep slope areas. The applicant's sisbmitted geotechnical report,prepared by GGeoPacific Engineeringg indicates that the fill will adequately support the proposed development if the recommendations of the report are followed. As discussed later in this report in relation to the requirements of Chapter 18.810,the applicant shall be required to abide by the recommendations of the geotechnical report. The proposed grading is necessary to allow for development of the less sensitive area of the site, as well as to best accommodate and treat stormwater from the development. The proposed development plan minimizes site disturbances as much as possible, while allowing for development on the site. 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; The applicant's geotechnical report includes recommendations regarding erosion control and ground stabilization in fill areas. The report finds that if these recommendations are followed, erosion and ground instability will not result. Additionally, the service provider letter from the Unified Sewerage Agency (USA) requires the use of appropriate Best Management Practices for Erosion Control. If required,these measures will ensure that the above criterion is met. 3. The structures are approriately sited and designed to ensure structural stability and proper drainagge of tounda ion and crawl space. areas for development with any of the following soil conditions: wetihigh water table; high shrink-swell capability; compressibleforganic;and shallowdepth-to-bedrock;and The recommendations of the geotechnical report include detailed requirements for the placement of fill and the construction of building foundations on the development site. The report specifically mentions compressible/organic soiF conditions on a portion of the site, but states that the proposed development can be constructed if the engineer's recommendations are followed. 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.745,Landscaping and Screening. The service provider letter from USA requires re-vegetation with native species within the vegetated corridor around the drainageway and associated wetlands. In other areas, the requirements of Section 18.745.060 will need to be imposed to ensure that the necessary replanting occurs. FINDING: The development proposal will comply with the above excessive slopes criteria if the following conditions are imposed,and if the recommendations of the geotechnical report are followed, as is recommended elsewhere in this report: CONDITIONS: e The applicant shall use appropriate Best Management Practices for Erosion Control,as required in the USA service provider letter. r The applicant shall re-vegetate all affected areas in compliance with Section 18.745.060 after construction activities are completed and prior to removal of erosion control measures. E. Within draina ewa s. The appropriate approval authority shall approve, approve with conddions or eny an application request for a sensitive lands permit within drainageways based upon findings that all of the following criteria have been satisfied: NOTICE OF FINAL ORDER NO.2001.02 PC BY THE PLANNING COMMISSION PAGE 20 OF 38 SUB2001-0000120N2001-60002..?OFt2001-00001ISLR2001.00003IV.AR2001-00002-BLUE HERON PARK SUBDMSION 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the use; The applicant hasproposed creating a series of stormwater detention basins within the 50-foot wetland buffer established by USA. No encroachment is proposed within the drainageway itself, which flows through the center of the wettand area. 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; This criterion has been adequately addressed under the discussion of Criterion 18.775.070.C.2 above. 3. The water flow capacity of the drainageway is not decreased; The proposed development will not alter the water flow capacity of the existing drainageway. 4. Where natural vegetation has been removed due to land form alteration or development,the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.745,Landscaping and Screening; Conditions of the USA's service provider letter require that all non-native and invasive vegetation within the 50-foot vegetated comdor around the wetland/drainageway be removed. The service provider letter also requires the applicant to enhance and restore native vegetation within the vegetated corridor. To begin to address this requirement, the applicant has submitted a mitigation planting plan that has been reviewed and approved by USA staff- s. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan; The drainageway will remain intact. No replacement is necessary_ 8. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; The USA service provider letter requires a concurrence of wetland boundaries from the Division of State Lands and/or the Army Corps of En ineers. The letter also requires that the applicant gain approval for all work within sensitive areas frr m DSL and USACOE. 7. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain,the City shall require the consideration of dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of 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 does not contain a 100-yeas floodplain. This criterion is not applicable. FINDINGS: All applicable sensitive lands criteria for development in drainageway areas are met,or can be conditioned to be met,as follows: CONDITiON:The applicant shall be required to meet all conditions of the USA service provider letter, at the appropriate stages of the development process. F_ Within wetlands. The Director shall approve, approve with conditions or deny an application request for a sensitive lands permit within wetlands based upon findings that all of the following crteria have been satisfied: 1. The proposed land form aCczration or development is neither on wetland in an area designated as significant wettand on the Comprehensive Plan Floodplain and Wetland Map nor is within 25 feet of such a wetland; NOTICE OF FIWLL_ORDER NO.2001-02 PC BY THE PLANMNG COMMISSION PAGE 21 OF 38 SUB2001-000011LON2001-4QOiYI/PDN2001-0WOi/StR2001-000031VAR2001-00002-BLUE HERO"PARK SUBDMSION As discussed in the analysis of compliance with water resources criteria,which follows this section, the drainageway and wetland areas on the development site are classified as a minor stream and adjacentfisolated wetland. As such, there is no water resources standard riparian setback applied under water resources requirements,as indicated in Table 18.797.1. USA has indicated the need for a 50-foot water quality buffer/vegetated corridor around the wetland and drainageway, but has indicated that the placement of stormwater treatment facilities within the 50-foot buffer is the preferred alternative of the three options presented to them. The applicant has proposed a limited amount of gradinto create the stormwater treatment facility g within the 50-foot buffer and within a small portion of the wetland area. No other encroachment is proposed within the 50-foot buffer area. USA comments indicate that the proposed work will result in the enhancement of the currently marginal and degraded condition of the vegetated corridor surrounding the stream and wetland. Since the drainageway and wetland are classified as a minor stream and isolated wetland,the City of Tigard does not apply the 25-foot setback from the wetland that is imposed for more significant water features. The proposed stormwater facilityis allowed as long as it remains outside of the wetland itself. This issue Is discussed in more dtail under the following discussion of compliance with Water Resources requirements. 2. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than the minimum required for the use; Of the 3 options presented to USA staff for stormwater treatment facilities on the site,this option was chosen as the preferred option_ The applicant has included the details of the alternatives analysis required by USA in the submittal materials. The proposal dces the best job of minimizing the disturbances to the sensitive area. 3. Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated; The proposed water quality and detention system,as well as enhancement and re-planting within the vegetated corridor,will result in the improvement of wetland characteristics on the site. 4. Where natural vegetation has been removed due to land form alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or Impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.745, Landscaping and Screening; This criterion has been adequately addressed in the preceding discussion of criterion 18.775.070.D.4 and will be met with the requirement of compliance with all conditions of the USA service provider letter. 5. All other sensitive lands requirements of this chapter have been met; Ali other sensitive land requirements have been met, or shall be conditioned to be met,as discussed in this section. 6. The provisions of Chapter 18.790,Tree Removal,shall be met; As discussed later in this report,all provisions of Chapter 18.790 shall 5e met. 7. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. The proposed development is consistent with the cited Comprehensive Plan Policies. FINDING: The applicant's proposal complies, or has been previously conditioned to comply,with all applicable requirements for development in wetland areas. WATER RESOURCES WR OVERLAY DISTRICT CHAPTER 18.79 18.797. O Applicability and Uenerailized Mapping NOTICE OF FINAL OF2DER N0.2001-02 PC BY TFC PLANMNG COMMISSION PAGE 22 OF 38 SU62001-0000t1ZON2001-000021POR200t-00001fS1R2001-0000.'LVAR2IX31-00002-BUIE HERON PARK SUBDMSION A. w overla district a lication. The WR overlay district applies to all significant we ands an streams, an app Icabte riparian setback and water quality buffer areas that appear on the Tigard Wetlands and Stream Corridors Map. The standards ancf procedures of this chapter: 1. Applyy to all development proposed on property located within,or partially within, the WR overlay district; 2. Are in addition to the standards of the underlying zone; and 3. In cases of conflict,supersede the standards of the underlying zone. B. The Tigard wetlands and stream corridors man. The Tigard wetlands and stream Corridors map 1clentittes, generally, the tops-oan wetland edges, parlan set ac s and water quality buffers for the following significant water resources: 1. The Tualatin River riparian corridor; 2. Major stream riparian corridors; 3. Minor streams;and 4. Isolated wetlands. C. Standard ririRarian setbacks and USA water quality buffers. The applicant shall be responsible for surveying and mapping the preciser-ocatron of the top-of-bank,wetland edge, riparian setback and/or USA water quality buffer at *he time of application submittal. 'The water resources overlay district standards are applicable to the proposed development because the wetland area on the site is shown on the Significant Wetlands and Stream Corridor Map, as referenced in Section 18.797.030.A. The map shows the wettand area in the northeast corner of the development site,in the approximate location of the wetland survey conducted by the applicant. The wetland survey conducted by the applicant found two very small etland areas ust to the northwest of the large wetland pond feature on the site. The survey also found that a "finger' of the wetland extends to the southwest from the main body of the wetland/pond area. The applicant has proposed developing a series of storrnwater detention basins with the 50-foot vegetated corridor surrounding the stream and wetland, in association with wetland enhancement Plantings.Because the proposed enhancement and replanting will occur within 10 feet of the edge of the wetland and drainageway boundaries, a Type 11 Water Resources review is required,per Table 18.797.2. The applicant has proposed a limited amount of grading within the"finger" portion of the wetland area (1,890 square feet) to accommodate one of the detention basins. Table 18.797.2 indicates that grading and the placement of fill is prohibited within a minor stream and/or isolated wetland. The applicant has been notified of this concern and has argued that the "finger" portion of the wetland is not indicated on the Tigard Wetlands and Stream Corridors Map. However, as indicated in Section 18.797.030, Subsections A.B. and C above,the map is intended to shove onlyggeneralized locations for significant wetlands and streams within Tigard. The applicant is responsible for surveying and mapping the precise locations of specific wetlands and streams. The fact that the"finger"portion of the wetland is contiguous with the larger wetland feature makes it difficult for staff to find that this portion of the wetland is not subject to the provisions of the Water Resources Overlay District. The j applicant has also argued that the "finger" portion of the wetland is a relatively recent development and should not be considered part of the historic wetland mapped in the Fishman Study. Staff finds that the Water Resources code requirements do not allow for differentiation between recent and historic wetland areas. The proposed grading within the"finger"portion of the wetland area does not comply with this prohibition,therefore,the following condition shall apply_ aCONDITION: The applicant shall redesign the proposed stormwater facility so that it does not i result in grading or filling within the wetland areas on the site. The stormwater I facility may be located within the 50-foot vegetated corridor, but may not be located within the wetland or drainageway. 18.797.80 Development Standards The following shall appP to all development, including native vegetation removal and excavation, within the WR overlay district. No application for a use identified in Section 18.797.050 shall be deemed complete until the applicant has addressed each of these standards in writing. NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 23 OF 38 SUB2001-0000WON20014)0002IPDR2001-000011S13t2WI4X300-WAR2001.00002-BLUE HERON PARK SUBDMS10N A. Alternatives considered. Except for stream corridor enhancement, most Type 11 and III uses are expected to dove op outside of water resource and riparian setback areas. Therefore,Type 11 and Ill development applications must carefully examine upland alternatives for the proposed use, and explain the reasons why the proposed development cannot reasonably occur outside of the water resource or ripanan setback area. The applicant submitted three alternative designs to USA. USA staff chose the proposed design as the best alternative. The design minimizes impacts to sensitive areas,while providing enhancements to the quality of wetland and stream areas. For the most part, the proposed design will locate development outside of the water resource area, as is desired. The proposed work Witt-in the vegetated corridor will serve to enhance the resource value of the degraded wetland area and will be accompanied by enhancement of additional areas outside of the vegetated corridor. B. Minimize sitingimoacts_The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. 1. For Type it and III uses, the civil engineer with experience in water quality must certify that any adverse water quality impacts of the development proposal will be minimized consistent with best management practices; The applicant has submitted a letter from the project civil engineer certifying that any adverse water quality impacts will be minimized consistent with best management practices. 2. For all uses,the development shall be located as far from the water resource, and use as little of the water resource or riparian setback area, as possible, recognizing the operational needs of the proposed development. As conditioned above, no part of the development will intrude into wetland or stream areas- Water quality buffers are not applied to minor streams and isolated wetlands, per Table 18-797-1. The stormwater detention facility within USA's 50-foot vegetated corridor has been reviewed and approved by USA. The greatest impact of the development, including all 18 dwelling units, will be located on the western side of the site away from the sensitive land areas. C. Construction materials and methods. Where development within the riparian area is unavoidable, construction materials or methods used within the riparian setback area shall minimize damage to water-quality and native vegetation. Although there is no riparian setback area applied to this development, USA's service provider letter requires that best management practices be utilized to minimize damage to water quality and native vegetation. D. Minimize flood dame e. Above-ground residential structures shall not bepermitted within the WRoverlay ay district, where such land is also within-the 100 year floodplain. ®n-site flood storage capacity shall not decrease as a result of development. The cumulative effects of anyproposed development shall not reduce flood storage capacity or raise base flood elevations on-or off-site. Any now commercial or industrial land development proposed within the 100-year floodplain shall be designed consistent with Chapter 18.775,Sensitive Lands. This criterion is not applicable, as no portion of the site is within the 100-year floodplain. However, on-site flood storage capacity on site will increase as a result of the construction of the stormwater detention facility. s E. Avoid stse slo es_ Within 50 feet of an water resource excavation and vegetation remova s a e avoided on slopes of 25% or greater ang in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. Sheet 2 of the applicant's submittal indicates the location of steep slope areas on the site, as well as the location of the 50-foot buffer line. As shown,most of the steeply sloped areas are outside the 50- foot buffer zone. The proposed grading avoids the steeply sloped areas on the site. The geotechnical report submitted by the applicant did not indicate any potential erosion problems that could not be accommodated with standard erosion control measures,which will be required. NOTICl;OF FlNAL Oi2DER NO.2001-02 PC 6Y T}1E PUWNING COMMISSION PAGE 24 OF 38 SU82001-0000t20N2001-00002/F'Dit2001-0OQOtlSlR2001-00003rVAF2200t-00002-RIVE HERON PARK SUBDIVISION F. Minimize im acts on existin ve etation. The following standards shall apply when construction activity is propose n areas where vegetation is to be preserved. 1. Temporary measures used for initial erosion control shall not be left in place permanently; 2. Work areas on the immediate site shall be carefully identified and marked.to reduce potential damage to trees and vegetation; 3. Trees shall not be used as anchors for stabilizing working equipment. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the work area; 4. In areas designated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid inuring trees and shrubs to be left in lace; 5. Stockpiling of soil,or soil mixed wi?h vegetation, shall not be permitted on a permanent basis. The applicant has submitted an arborist's report indicating which trees will be preserved and which will be removed from the site. Much of the other vegetation within the 50-foot buffer line is non- native, invasive vegetation, which USA requires to be replaced with native species, as indicated on the submitted mitigation planting plan. Tree Protection Standards from the arborist's report include the measures required under this criterion. Therefore,the following condition shall apply: CONDITION: The applicant shall abide by all Tree Protection Standards included in the arborist s report prepared by Walter H. Knapp, dated February 20, 2001. Required tree preservation fencing shall be Installed prior to site grading or clearing and shall remain in place until final occupancy permits are issued for the proposed homes. G. Vegetation mitigation plan.if a Type 11 or III use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method to reduce the riparian setback in accordance with Section 18.797.100, a mitigation plan shall be prepared and implemented. 1. The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 1:1 basis; The applicant has provided a mitigation planting plan that has met with the approval of USA and which meets this standard. 2. Where a�proyal is granted to reduce the riparian setback area, the applicant shall be responsible for mitigating for the reduced setback by replacing non-native vegetation within the remaining, protected riparian setback area on a 1.5:1 basis. That is,for each 100 square feet of riparian setback that is lost to development, at least 150 square feet off existing disturbed area within the riparian setback or wetland shall be re-planted with native plant species; This criterion is not applicable because the applicant has not requested to reduce a riparian setback a area. i 3. The re-vegetation plan shall provide for the replanting and maintenance of native plant i species designed to achieve pre-disturbance conditions. The applicant shall. be responsible for replacing any native plant species that do not survive the first two years after planting,and for ensuring the survival of any replacement plants for an additional two years after their replacement. The submitted planting plan will achieve this purpose. To ensure that the planting plan is followed, the following condition shall apply: CONDITION: Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants, and Restrictions(CC & R's)for this project, to be recorded with the final plat, that clearly set out the requirement that native plantings that do not survive the first two years must be replaced,and that replacement plants must be maintained for two years following replacement. The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 25 OF 38 SUB2001400011LON2001-000021PDR2001400001/SUZ2001-0OW3/VAR2001-00002-BLUE HERON PARK SUBDIVISION association to ensure that the plantings are maintained. The applicant shall submit a copy of the CC&R's to the Planning Department(Kevin Young)prior to approval of the final plat. Water and sewer infiltration and dischar e. Water and sanitary sewer facilities shall be designed,locate and constructed to avoid infiltration of floodwaters into the system,and to avoid discharges from such facilities to streams and wetlands. No water or sewer is proposed near the water resource area. 1. On-sites stems. On-site septic systems and private wells shall be prohibited within the R overlay district. No septic systems are proposed within this development_ J. Erosion control plan. If a Type 11 or 111 use is proposed within a water resource site or riparianset ac c area,the following erosion control standards shall apply within the WR overlay district: 1. Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion; 2. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil shall be confined to the immediate construction site only; 3. Construction activity will take place during the dry season (June-October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction; 4. Exposed soils shall be covered by mulch,sheeting,temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not be exposed for more.than 7 calendar days. All disturbed land areas which will remain unworked for 21 days or more during construction,shall be mulched and seeded 5. During construction, runoff from the site small be controlled, and increased runoff and sediment resulting from soil disturbance shall be retained on-site. Temporary diversions, sediment basins, barriers,check dams, or other methods shall be provided as necessary to hold sediment and runoff; S. A stabil9zed pad of gravel shall be constructed at all entrances and exists to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site; 7. Topsoil removal for development shall be stockpiled and reused on-site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure sufficient stable topsoil for re-vegetation. Additional soil shall be provided if necessary to support re-vegetation- 8. The removal of all sediments which are carried into the streets,water resources or on to adjacentpproperty, are .the responsibility of the applicant. -The applicant shall be responsible for cleaning up and repairing streets, catch basins, water resource areas and adjacent properties,where such properties are affected by sediments or mud. In no case shall sediments be washed into storm drains,ditches or drainageways; 9. Any other relevant provisions of the Erosion Prevention and Sediment Control Plans Technical Guidance Handbook(City of Portland Bureau of Environmental Services and Unified Sewerage Agency of Washington County, Revised February 1994), required by the Planning Director. K. Plan implementation. A schedule of planned erosion control and re-vegetation measures shall be provided, which sets forth the progress of construction activities, and- mitigating erosion control measures. An approved Erosion Control of Re- vegetation Plan shall be implemented and maintained as follows: 1. Erosion control measures shall be installed prior to any stripping or excavation work. 2. The applicant shall implement the measures and construct facilities contained in the approved Erosion Control Plan in a timely manner_ During active construction, the applicant shall inspect erosion control measures daily, and maintain, adjust, repair or replace erosion control measures to ensure that they are functioning proper)y. 3. Eroded sediment shall be removed immediately from pavement surfaces,off-site areas, and from 'the surface water management system, including storm drainage inlets, NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 26 OF 38 SUB2001-000012ON2001-00002/PDR2001-0OOOi/SLR2o0/-00003NAR2001-00002—BLUE HERON PARK SUBDIVISION ditches and culverts. 4. Water containing sediment shall not be flushed into the surface water management syystem, wetlands or streams without first passing through an approved sediment filteringg facility or device. 5. In addition,the appplicant shall call for City inspection,prior to the foundation inspection for any building, to certify that erosion control measures are installed in accordance with the erosion control plan_ To ensure compliance with the requirements of these asteria,the following conditions shall apply: CONDITIONS: s The applicant shall revise their erosion control plan to address and include all requirements noted in Sections 18.797.080(Subsections J and K). a No site grading or clearing will be allowed until all necessary erosion control measures are in place. Prior to foundation inspections for individual homes, erosion control measures shall be in place. FINDING: Subject to the satisfaction of the recommended conditions, the requirements of the Water Resources Overlay District will be met. TREE REMOVAL: CHAPTER 18.790 A tree plan for the planting,removal and protection of trees prepared by a certified arborist shall be provided wilh a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper,which trees an:to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The applicant has submitted an arborist's report and a tree preservation plan per the requirements of Chapter 18.790. The report states that there are 162 trees on the site that are 12 inches in diameter or larger. Of these,15 are identified as hazardous trees, 114 are designated to be preserved, and 33 trees are slated for removal. Based on these figures,the arborist concludes that no tree mitigation is required for the trees to be removed, because the retention of 75%or more of the existing trees over 12 inches in caliper requires no mitigation, per Section 18.790.030.B.2.d. The City Forester has provided the following comments regarding the arborist's report: I am concerned about eight trees that are included in the tree inventory that have a classification of Dead, Dying, Diseased,or Dangerous. According to the report, these eight trees (numbers 661,662, 66 , 684,685,686,693, and 704)are considered dangerous due to their susceptibility to wind damage based on their live crown ratios. For the most part, I do agree with the live crown ratio assessments, but I disagree with the trees susceptibility to wind damage in their current state and growing conditions. These eight trees are intermediate trees or over-topped. They are located within a stand of larger trees, which provide protection from heavy winds. I would agree, however,that wind damage is a major threat to the trees if they remain standing while the larger adjacent trees are removed. Although there are certainly no guarantees that the trees'tops cannot break out as the currently exist, 1 believe that the trees should not be omitted from the mitigation requirements due to possible wind damage. Planning staff agrees with the City Forester that if the trees are currently healthy, but would be rendered a hazard through the development process, the loss of the trees should be mitigated. Section 18.790.020.A of the Tree Removal standards defines a"hazardous tree"as a tree which, "by reason of disease, infestation, age, or other condition Presents a known and immediate hazard to persons or to public or private property." The hazard posed by the aforementioned trees is not Immediate-, but would be created after surrounding trees are removed. Based on the City Forester's comments, of the 162 trees on the site, 7 should be considered diseased or hazardous, 114 are designated to be preserved,and 41 will need to be removed(and mitigated for)). Thus,apppproximately 74%of the trees over 12 inch caliper will be retained on site. Per Section 18.790.030.B.2.c., if 50- 75% of the trees on site are retained, 50% of the trees to be removed must be mitigated. The applicant has not prepared a tree mitigation plan because their analysis indicated that mitigation would not be required. To ensure that the mitigation requirements are fulfilled, the following conditions should be applied: NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 27 OF 38 SUB2001-0OQa1/ZON2001-0OW2/PDR2001-00001/SLR2001-0000YVAR2001-00002-BLUE HERON PARK SUBDIVISION CONDITIONS: e The applicant shall prepare tree mitigation materials to indicate the total number of caliper Inches of trees to be remove. The applicant shall indicate how they intend to mitigate for 50%of the total number of caliper inches to be removed. s The applicant shall submit a bond to provide for the planting of the required caliper inches of trees. An approximate figure for the cost of purchasing, transportin planting, and maintaining a 2-inch caliper tree is$200. The applicant shall speci how they propose to mitigate for the required caliper inches to be mitigated. A mitigation trees shall be a minimum of 2-inch caliper size. If the applicant intends to mitigate on-site by planting trees,a revised landscaping plan shall be required that indicates which trees are to be counted towards the mitigation total. Street trees and trees required to meet the buffer and parking lot tree requirements shall not be counted toward the mitigation trees_ e Per the requirements of Section 18.790.040.8, the applicant shall record a deed restriction for all trees designated to be preserved to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. A copy of the deed restriction documentation shall be reviewed and approved by the City prior to final plat approval. e The applicant shall revise the tree preservation plan to indicate which trees to be removed, if any,are located within sensitive land areas on the site. If trees of 12 inch caliper size orggreater are to be removed from sensitive land areas, a tree removal permit shall be required to authorize their removal. 18.790.40 incentives for Tree Retention A. Incentives.To assist in the preservation and retention of existing trees, the Director may appy one or more of the following incentives as part of development review approval and the provisions of a tree pian according to SecEion 18.790,030 1. Density bonus. For each 2% of can cover provided by existing trees over 12 inches in caliper that are preseryed and incorpporated into a development plan,a 1%bonus may be applied to density computations of Ghapter 18.715, No more than a 20% bonus may be granted for an one development. The percentage density bonus shalt be applied to the number of dwelling units allowed in the underlying sone; The arborists report indicates that 71%of the existing canopy cover provided by trees over 12 inches in diameter will be preserved on the site. Based on this figure, the applicant could request a density bonus up to the maximum allowed of 20%. The applicant is requesting a 4.3%density bonus under theseprovisions to bring the total allowed density on the site up to 18 dwelling units. Staff recommends that the requested density bonus be granted. G.eIMPACT STt1DY: SECTION 18.390.040.B,e qurres tat E e applicant shall include an impact study. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of Impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication of real property interest, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. The applicant has submitted an impact study addressing the required elements above. i ROUGH PROPORTIONALITY ANALYSIS Based on a transportation impact study prepared by Mr. David Lai-son for the A-Boy Expansion/Dolan/Resolution 95-61,TIF's are expected to recapture 32 percent of the traffic impact of new development. Presently,the TIF for each residential trip that is generated is$213. According to the Washington County TIF ordinance,32 percent of a projects impacts are met by its TIF assessment in Tigard. This leaves 68%unmitigated. The actual cost of system improvements per trip Fnerated by new development on the Tigard street system can be determined by the following equation ars13 on,Mackenzie Engineencl,Dolan Findings,June 1995): n divided by.32 equals$665.6 NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 28 OF 38 SUB2001-000o120N2001-0000241D82001-000015LR200143000 AIAR2001-00002—BLUE HERON PARK SUBDMSION ($213 is the residential use trip rate per trip TIF assessment according to the Washington County TIF ordinance effective July 1,2000). According to the ITE manual figures and the TIF ordinance,a single-family residential unit generates 10 average weekday trips per dwelling unit per day. As there are eighteen units proposed , 180 trips are generated per day for this site. Less miti aq ted costs The applicant isrequired to dedicate an additional 3-feet of right-of-way along the project's 45-feet of frontage along Walnut Street. At an approximate cost of $3 per square foot, this is valued at approximately$400. The applicant is also required to dedicate the sidewalk and bicycle path connecting Walnut Street to the property to the west. The value of this property is estimated to be approximately $7,230. Estimate of Unmitigated Impacts 'Full Impact ..........................................................180 x$665.6=-----$119,808 Less TiF Assessment..........................................180 x$213=..........$38,340 Less miti aced costs........................... ...........$7,230 stirnate o nmltigated Impacts 74,238 FINDING: Using the above cost factors, it can be determined that the unmitigated impacts exceed the costs of the conditions imposed and,therefore,the conditions are roughly proportional and justified. Street And Utility Improvements Standards(Section 18.810 Chap r prove es cons ruc ion sin ars orthe rmplementation 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 widthlanned 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 major collector street to have a 60 to 80-foot right-of-way width and 44 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 Walnut Street, which is classified as a major collector on the Ci of Tigard Transportation Plan Map. At present, there is approximately 30 feet of ROW from cente ine, according to the most recent tax assessor's map. The applicant should dedicate additional ROW adjacent to this site to provide 33 feet from the centerline. SW Walnut Street is currently paved,but not improved to current City standards. A traffic study was prepared by Stein Engineenng to address the existing sag vertical curve to the east of this site. Detailed discussion of the sight distance issue, as well as other issues, will be discussed in that section. The site has a narrow frontage on SW Walnut Street, approximately 45 feet. This width is just wide enough to accommodate the proposed private street entrance. 1 h proposed location of the new private discussion sionstreet about the proposed pri ate st et in a later sect on. SW 124 Avenue. There will be more I The applicant's plans show the private street will extend into the development and terminate near the western boundary. Sheet 7 is a future street plan that shows that a pedestrian/bike path could be constructed to the western boundary to tie into a future pedestrian/bike path. Significant discussion between the applicant and staff took place regarding whether or not a public street should be extended through this site and stub to the west. Sheet 7 shows that a public street is really not needed. The parcels to the west and south could be adequately developed with other public streets, and a public street stub from this property is not necessary. NOTICE OF FINAL-ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 29 OF 38 SUB2001-0000120N2001-00002/P'DFY2001-00001/SLR2001.00003(VAR2001-00002-BLUE HERON PARK SUBDMSION Future Street Plan and Extension of Streets: Section 18.810.030(F) states that a future street Elan shall be fined which shows the pattern of existing and proposed future streets from the oundaries 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 propetties 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 theproperty owners which shall not be removed until authorized by the City En ineer, 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. As was stated previously,a future street plan(Sheet 7)was provided that shows how lands to the west and south can be developed without a public street extending from this development. The applicant has applied for an adjustment to this standard in accordance with 18.370.030. The applicant states that extension of a publicstreet would have adverse impacts on the existing trees and the wetland area. In addition, the onentation and width of the flagpole of this parcel would make construction of a standard public street very difficult. Based upon the fact that the adjacent parcels can be developed without a public street extending from this parcel,Staff agrees that a public street is not needed. 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 stanards in this code preclude street extension and through circulation: a All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other than circular,shall be approved by the City Engineer,and o 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.. e 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. The proposed private street extends into this site approximately 510 feet,which exceeds the 200-foot length standard. The applicant has also requested an adjustment to this standard. They cite the same reasons associated with the preclusion of a public street. Based upon the previous findings, Staff agrees that a public street connection is not needed, thereby creating the need for a dead-end street. Since a public street is not required, a dead-end private street is acceptable. The applicants plan.shows that the street will terminate in a hammerhead turnaround, which will meet fire code requirements. Since this private street will be over 300 feet long,and since it is very likely that the adjacent parcels will eventually be developed, the applicant should construct a pedestrian/bike path to the western boundary of this site,to facilitate future connection and extension. This pedestnan/bike path should be lighted and placed in a tract to be dedicated to the City. 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 preclude$some reasonable street connection. ' There are no existing public streetsstubbin into this site, and there is no need for a public street to } be extended (based upon previous findings. The private street will not be extended to the western boundary, but the applicant should cons ruct a pedestrian/bike path to that boundary as per 18.810.030.x. 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: NOTICE OF FINAL.ORDER NO.2001-02 PC By THE PLANNING COMMISSION PAGE 30 OF 38 SUB2001-000 MON2001-00002/PDR2001_00001/SLR2001-00003IVAR2001-00002-BLUE HERON PARK SUBDIVISION 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 new private street will have a maximurn gradient of approximately 2.89%, which will meet this standard. Acce•>s 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 s4all 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. Walnut Street is classified as a major collector street. Although the development site has frontage on Walnut Street, the area of frontage must be used to accommodate the proposed private street connection. No lots cr residences are proposed that would directly abut Walnut Street. No access to the new lots is proposed,or would be permitted,directly onto SW Walnut Street. Private Streets: Section 18.810.030.5 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. As was stated previously,a private street is proposed to serve this development. The total number of units to be developed in this project is 18_ However, this development will be a common wall development,_ which by their nature, take on a different appearance than a typical single-family detached subdivision. Because of this,the City Council determined that common wall developments could be served from private streets. Therefore,a private street is acceptable. The proposed width of the private street is 24 feet,curb-to curb. Traffic generation from the proposed development Is estimated to be below 200 average dail trips; therefore,-per Table 18.810.1,a 24- foot paved width will adequately accommodate traff c from the development. This width is appropnate for 18 units, but parking will not be allowed on either side of the street. The applicant must install"No Parking"signs on both sides of this street- " The applicant is attempting_to save five larger fir and cedar trees along the private street entrance by incorporating two "tree islands". The islands would create travel lanes of approximately 12 feet on either side. Section 902.2.2.1 of the Uniform Fire Code (UFC) states that the minimum unobstructed width of a roadway that would serve fire trucks shall be 20 feet. However,the Fire Marshall's office of Tualatin Valley Fire&Rescue(TVFR)has allowed restrictions such as islands, provided the channel width is not less than 12 feet, and the restriction does not extend beyond the typical length of a fire truck (35 to 40 feet). Based on this allowance, the applicant's pproposal will a acceptable. The El longest island is approximately 40 feet,which is acceptable to T/FR. a The.proposed name of the private street is "SW Blue Heron Place", which is acceptable to the City Engineer. 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)alongwith the final plat that will clarify how the private property owners are to maintain the private strees). These CC&R's shall be reviewed NOTICE OF FINAL ORDER NO-2001-02 PC BY THE PLANNING COMMISSION PAGE 31 OF 38 SUB2001-000011LON2001-000021PDR2001-WWI/SLR2001-00003IVAR2001-00002-BLUE HERON PARK SUBDIVISION and approved by the City prior to approval of the final plat. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. Block Designs-Section 18.810.040.A states that the length,width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated consideration of needs for convenient access,circulation,control and safety of street traffic ana recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.8.1 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; s For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. For nosy-msidential blocks in which internal public circiilation provides equivalent access. The proposed private cul-de-sac will not form or be a part of a continuous block. Therefore, this standard is not applicable. Section 18.810.040.8.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no mon: than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. For the reasons discussed previously in relation to the requested variance to cul-de-sac length, staff has determined that a public street connection to abutting properties to the west and south is not necessary. The applicant has proposed extending the sidewalk along one side of the private street to the western edge of the development, in order to provide a potential pedestrian and bicycle connection to future development to the west. As discussed elsewhere in this section, the applicant shall be required to dedicate the area of the sidewalk and path to the public. The proposal satisfies the above criterion. 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 tames the minimum lot size of the applicable zoning district. Although some of the proposed lots do not appear to meet this standard, the planned development criteria allow for flexibility in lot dimensional standards. Therefore,this criterion is not applicable. Lot Frontage: Section 18.810.060(6)reyvires 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 ora 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 (Nearly ail of the proposed lots comply with this standard;however, planned development criteria allow i i for flexibility n lot dimensional standards,as noted above. Therefore,this criterion is not applicable. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial,collector and local residential streets. Sidewalks are not required on a private street. However, the applicant is proposing to construct a a sidewalk on one side of the new private street. a SanVary 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. NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 32 OF 38 sumoo1-0000120NMI-000021PDR2001-0000//SLR._^001-a0003IVAR2001-00002-BLUE HERON PARK SVBDIVISION Over-sizing: Section 18.810.090.0 states that proposed sewer systerns shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an existing 8-inch public line in SW Walnut Street that has adequate capacity to serve this site. The applicants plan indicates they will install a new public manhole over the existing public line, and extend a new public sewer line into the site within the private street. This new public sewer line is shown to stop short of the western boundary. Since the grades of the property to the west rise above those on this site, the new public sewer could feasibly serve the adjacent parcel. Therefore, the applicant will be required to extend the new sewer line to the western boundary. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area,whether inside or outside the development. The City Engineer shall approve the necessary size of the facility,based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management(as adopted by the Unified Sewerage Agency in 2000 and including any future revisions or amendments). The grades of this site fall primarily to the southeast. Currently,any runoff from this site flows into the existing wetland and drainageway along the eastern portion of the site. The proposed plan shows that all onsite runoff will be collected and conve ed toward that wetland and drainageway. The size of the new storm fine will be sufficient to handle, the flows from this development. Since a private street will serve this development, the new storm line will also be considered privately owned and maintained. There are existing parcels that border this site that could contribute sheet flows into the back yards of the new lots. The developer should install additional private storm lines in the back yards of the uphill lots to pick up any possible runoff. 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 unt development il 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). In 1997, the Unified Sewerage Agency(USA)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 g-vernments 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. As was previously stated,the onsite runoff currently flows into the wetland and drainageway along the eastern portion of the site. The applicant's plan maintains that general plan, but proposes to locate their water quality and detention facility within a portion of the current 50-foot buffer and a portion of the existing wetland, USA has reviewed the applicant's proposal and issued a Service Provider Letter. USA is in favor of the plan, because the applicant is proposing to enhance a significant portion of the existing buffer, create additional buffer, and create additional wetland area to compensate for the encroachment. Staff is also in favor of this plan because the end result will be a much more appealing wetland and buffer area. The existing buffer is degraded with significant blackberry growth. The applicant will be required to comply with the conditions of approval listed in the USA Service Provider Letter. NOTICE OF FINAL ORDER NO.2001-02 FC BY THE PLANNING COMMISSION PAGE 33 OF 38 SUB2001-000012ON2001-000021PIXi2001-)0001/SLR2001m003IVAR2001-00002-BLUE HERON PARK SUBDIVISION The newly created water quality swale and detention ponds will be sized to accommodate the additional flows created by this development. The preliminary sizing calculations indicate the detention volume, required for this development is approximately 5,800 cubic feet. The applicant's engineer indicates they will provide in excess of 5,800 cubic feet. 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. No proposed bicycle or pedestrian paths are shown through the development site on the City's adopted pedestrian/bikeway plan_ However, the applicant has proposed extending the sidewalk alongg the private street to connect to the property to the west. As previously discussed the sidewalk will be required to be dedicated to the public, in compliance with the requirements of:this chapter. The applicant is proposing to construct a pathway with stairs,from the pnvate street to the proposed water quality facility. The homeowners of this development must maintain the pathway and stairs. 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 placer 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: e The developer shall make all necessary arrangements with the serving utility to provide the underground services; s The City reserves the right to appprove location of all surface mounted facilities; i • All underground utilities, ncluding sanitary sewers and storm drains installed in streets by the developer,shall be constructed prior to the surfacing of the streets;and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under-groundingin conjunction with the development. The determination shall be on a case-by-case basis. he 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 SW Walnut Street. 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 i this site is 45 lineal feet;therefore the fee would be$1,238.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT a STANDARDS: ♦ Traffic Study Findin s: a traffic impact report was submitted by Stein Engineering, dated May 8, 2000. This report makes mention of'a current sight distance issue at the proposed site access. There is a sag vertical curve to the east of this site. Drivers entering SW Walnut Street, from the site access, will have adequate long-range sight distance,but any westbound vehicle will not be visible for approximately one second (while in the low point of the sag curve). This development will not have a significant number of northbound, left-turning vehicles, and the one-second lack of sight distance is not significant. Stein calculated that the level of service (LOS)of the intersection of the new private street and SW Walnut Street will be at LOS B, which is acceptable. They recommend the applicant clear some of the existing vegetation along SW Walnut Street to improve the sight distance. Staff concurs with.this finding and recommends the applicant not make any changes to the existing sag vertical curve to the east. NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 34 OF 38 SUB2001-0000/20N2001-000021PDR2001-00001/SLR2001-00003NAR2O01-00002-BLUE HERON PARK SUBMASION Stein reviewed the need for a left turn lane or. SW Walnut Street at the new private driveway location. He notes that the warrants for a left turn lane are marginally met,but that left turning vehicles during the PM peak hour would only have to wait approximately 3.2 seconds for a gap in traffic to make the turn. He also notes that once SW Gaarde Street is opened to SW Walnut Street, the overall traffic volumes on SW Walnut Street will decrease, and the warrants would no longer be met. Since Stein wrote their report, SW Gaarde Street has been opened to SW Walnut Street. Based upon Stein's findings,a left turn lane at the new private street location is not warranted and should not be installed. Stein recommends an alternate mitigation feature of a new advanced intersection warning sign (MUTCD W2-1), that could be located to the east of this site. The sign would warn westbound motorists that they are approaching an intersection. Staff concurs with this recommendation. The other study intersection reviewed by Stein was at SW Walnut Street/SW 1215'Avenue. He notes that with signalization,the LOS at this intersection will be at LOS C,which is acceptable. The County is in the process of constructing a signal at this intersection,and it should be completed by Fall 2001. Public Water S stem: his site willa served from the City's public water system in SW Walnut Street. The Public Works Department will need to review and approve of the overall water line layout for this development prior to construction. The City may require a master meter at the subdivision entrance, thereby rendering the onsite water line as a private line with private meters. The homeowner's association would then need to arrange to pay for the monthly water usage of the development. Storm Water Quality The City has agreed to enforce Surface Water Management(SWM)regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require :lie 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 qquality 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 the City prior to construction. As was stated previously,the applicant's plan indicates they will create an onsite biofiltration Swale for treatment of the new stormwater runoff. Since this development is served from a private street, and since the storm drainage system will be private, this water quality facility will also be private. The preliminary sizing calculations indicate the length of the Swale will need to be approximately 102 lineal feet. The plan shows that they will have a Swale approximately 140 feet in length,which is more than adequate. They have also included a maintenance plan for the facility. This Swale is to be located adjacent to the proposed detention ponds, and is included in the buffer and wetland encroachment area. The applicant will need to comply with the conditions of approval issued in the USA Service Provider Letter. Grading and Erosion Control: USA Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development,construction,grading,excavating,clearing,and any other activity which accelerates erosion. Per 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. A final grading plan shall be submitted showing the existing and proposed contours. The pian 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 str: ;t 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 NOTICE OF FINAL ORDER NO.20D1-02 PC BY THE PLANNING COMMISSION PAGE 35 OF 38 SUB2001-0000120N2001-00002/PDR2001-00001/SLR2001-00003IVAR20014XD02-BLUE HERON PARK SUBDIVISION tots,appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The applicant has provided a geotechnical report, per Appendix Chapter 33 of the UBC, by GeoPac+fic Engineering for the proposed grading slope construction. GeoPacific states that the site can feasibly accommodate the proposed dvelopment. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. The design engineer shall also indicate, on the grading plan, which 'o±s will have natura! slopes between 10% and 20%. as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. Since this site is less than five acres in size,a NPDES permit is not required. Address Assii nments: The Citv of Tigard is responsible for assigning addresses for parcels within the City of Tigard and 'within the Urban Service Boundary(USBAn addressing fee in the amount of$30.00 per address )_ shall be assessed. This fee shall be paid o the City prior to approval of the final plat. For this project,the addressing fee will be$540.00(18 lots X$30/address=$540.00). Survey Re uirements Theapplicant's anal plat shall contain State Plane Coordinates on two monuments with a tie to the City's globafpositioning system(GPS).geodetic control network. These monuments shall be on the same lane 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. e By random traverse using conventional surveying methods. SECTION VII. OTHER STAFF COMMENTS The Tigard Building Division has reviewed this proposal and provided the following comment: Fire hydrants and access to be approved by Tualatin Valley Fire 8,Rescue. The City of Tigard Operations Utility Manager has reviewed the proposal and provided the following comments: All stormwater facilities, including the water quality tract, shall be privately owned and maintained b a homeowner's association or other private entity. A 15-foot wide public utility easement will be needed centered over the public sanitary facilities within the development. I . The applicant should set the new sanitary manhole over the existing sanitary fine if grades and other utility conflicts allow. The proposed 8-inch public water line within the development will not be allowed. Instead,the applicant shall install,at the property line,a double detector check assembly for fire hydrants in the development. The applicant will install either a master meter at the property brie with a j double heck valve assembly,or will bank individual water meters on Walnut Street,within the right-of--way. The City of Tigard Property Manager has reviewed the proposal and provided the following comment: The proposed stairway/path to the detention facility should be provided with hand-rails and should be of an approved design. The Tigard Police Department, and the City of Tigard Loe>tg-Range Planning Division have reviewed the proposal and indicated that they have no objections to the proposal. NOTICE OF FINAL ORDER N 3.2001-02 PC BY THE PLANNING COMMISSION PAGE 36 OF 36 SU62001-O000120N2001-0000?JPDR200/-00001/SU22001-OOW3AtAR2001-00002-BLUE HERON PARK SUBOMSION The City of Tigard Cit Forester has reviewed the proposal and his comments are included in the preceding discussion otycompliance with Tree Removal requirements. SECTION VIII. "AGENCY COMMENTS The Tualatin Valley Fire and Rescue Department has reviewed the proposal and offered the following comments: The gales at the entrance shall be provided with an access option for fire apparatus. Options include an Opticom activated opener or a Knox brand key switch. e Where fire apparatus roadways are fess than 28 feet wide,"NO PARKING"signs shall be installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus roadways are mare ttlan 28 feet wide but less than 32 feet wide,"NO PARKING"signs shall be installed on one side of the roadway and in turnarounds as needed. Where fire apparatus roadways are 32 feet wide or more,parking rs not restricted. UFC Sec.902.2.4 o Signs shall read"NO PARKING—FIRE LANE—TOW AWAY ONE,ORS 98.81 -98.812" and shall be installed with a clear space above ground level of 7 feet. Signs shall be 12 inches wide by 18 inches hi h and shall have black or red letters and border on a white background. FUFC Se901.4.5.13 a ire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access roadway that the fire hydrant is located on. In case that there is no center line,then assume a centerline,and place the reflectors accordingly. (UFC Sec.901.4.3) The minimum available fire flow for single-family dwellings and duplexes shall be 1,000 gallons per minute. Fire flow documentations all be provided. if the structure s)is {are)3,600 square feet or IaUFC A e required fire flow shall be determined according to U�C Appendix Table A- I11-A-1. ( ppendix III-A,Sec.5) Approved fire apparatus access roadways and firefighting water supplies shall be installed and operational prior to stockpiling combustibles on-site or the commencement of combustible construction. (UFC Sec.8704) The Unified Sewerage Agency of Washington County has reviewed this proposal and has offered comments that have been Incorporated into this report. The Oregon Division of State Lands has reviewed the proposal and has offered the following comment: e If the stormwater detention facility is within the stream wetland area, a removal/fill permit will be required. It appears the development will not impact the delineated wetland area. Northwest Natural Gas has reviewed the proposal and offered the following questions: s The street cross-section needs to be clarified. Does it change between TL 4100 and 4200? Will there be a public utility easement? The Oregon Department of Environmental Quality, Washington County Planning Department, US Army Corps of Engineers, Oregon Department of Fish and Wildlife, Portland General Electric,TCI Cable,and Verizon, were notified, but no comments were submitted_ SECTION IX_ CONCLUSION At the June 11,2001 public hearing regarding the Blue Heron subdivision,the Planning Commission voted to deny the application, based on the finding that the development would adversely effect the welfare of the City. At the hearing,additional materials were submitted,including a letter from Margie Kessler,of 12425 Alberta Street;a letter from Douglas and Nancy Lou Nash,of 12270 Alberta Street- a letter from Julie Rau and Jim Vandehey,of 12430 SW Walnut Street;and a revised tree inventory from the applicant. Copies of these sub+;'fitted materials are attached to this final order. NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 37 OF 38 SUB2001-0000laON2001-00002(PDR2001-0000MLR2001-00003NAR2001-00002-BLUE(HERON PARK SUBDIVISION IT IS FURTHER ORDERED THAT THE APPLICANT AND THE PARTIES TO THESE PROCEEDINGS BE NOTIFIED OF THE ENTRY OF THIS ORDER. PASSED: This 11th day of June.2001 by the Planning Commission of the City of Tigard,Oregon. Nick son,President CityA Tigard Planning Commission iAcurpinAkevin\sub%SU601-1(Blue Heron)PC Final Order.doc i NOTICE OF FINAL ORDER NO.2001-02 PC BY THE PLANNING COMMISSION PAGE 38 OF 38 SUB20O1-000012ON2001-0000?/PDR2001-00001/SLR2001-0O003/VAR2001-00002—BLUE HERON PARK SUBDIVISION ������ � � �� � ����■ �� � ������ � �� ,`GITYoI llcna D c ONE �► s `iii •. .��lei; ►*�� ' �% i ��� , �� ����1 .;,: • MR, •,�, � /:-... � ��/ � it till iiii�� � �:-�►� ������ '-,- s �� � �� �� �IIS 11 , II C� 1 :ii►' :WINIl :o t • � '� .��;� . ����/11111. r..,�� ���O0����� �� i LOT 2 1 ACRE`- 4417 ' S: ' f C1 -_ _-_ M` Li,7 1 LJi ;. 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