Resolution No. 03-30 Attachment 1
CITY OF TIGARD, OREGON
RESOLUTION NO. 03-- 66
A RESOLUTION TO ADOPT THE FINDINGS OF FACT FOR THE APPROVAL OF THE BRETTON
WOODS PLANNED DEVELOPMENT, SUBDIVISION, AND ASSOCIATED APPLICATIONS
(SUB2003-OOOOI/PDR2003-00001/ZON2003-OOOOI/VAR2003-00006NAR2003-00007) IN SUPPORT
OF RESOLUTION 03-29 (EXHIBIT B).
WHEREAS, Tigard City Council held a public hearing on the matter on July 8, 2003, and July 22, 2003;
and
WHEREAS,The Tigard City Council voted 4-1 to approve the subdivision as proposed; and
WHEREAS, the Tigard Planning Commission held a public hearing on the matter on May 5, 2003, and
May 19,2003; and
WHEREAS,The Tigard Planning Commission voted unanimously to approve the subdivision; and
WHEREAS, The findings of facts support the decision rendered by the Tigard City Council and the Tigard
Planning Commission,
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council hereby adopts the Findings of Fact (Exhibit A) for the
approval of the Bretton Woods Planned Development, Subdivision, and associated
applications.
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This 12"to day of tkialiSl 2003.
L A.
KN
1�yor-Ciiyofti d
ATTEST:
7
Greer A. Gaston,Deputy City Recorder
RESOLUTION NO. 03 -
Page 1
FINDINGS OF FACT
FOR
Bretton Woods Subdivision SUB2003-00001/PDR2003-00001/ZON2003-
00001/VAR2003-00006/VAR2003-00007
1. BACKGROUND
On January 28, 2003, Alpha Engineering, Inc. applied to the City of Tigard for
approval of a 10-lot subdivision and planned development on 2.34 acres. The
property, owned by the Walter Lissy Family Trust, had previously been a
Christmas tree farm and was developed with a single family home and several
outbuildings.
The lots are to be developed with detached single-family homes. Lot sizes within
the development are to be between 5,500 and 6,879 square feet. The applicant
also sought an adjustment to the 200 foot cul-de-sac length standard, and an
adjustment to the street improvement requirements of the Tigard Development
Code Chapter 18.810. The adjustment allows the applicant to construct a curb
tight sidewalk as opposed to a sidewalk separated by a planter strip along SW
108th Ave.
The Planning Commission held a public hearing on the proposal on May 5, 2003
and continued the hearing to May 19, 2003. Upon reviewing the evidence in the
record, the public testimony, and the staff report, the Planning Commission
approved the development unanimously.
On June 11, 2003, Bethanne Kronick and Lyle Miller, opponents and neighbors
to the development filed an appeal of the Planning Commissions decision. The
appeal was filed because the appellants felt that there were unresolved issues
with regard to the protection of the trees along the north property line, and
drainage to the south of the property.
The City Council held a public hearing on the appeal on July 8, 2003 and
continued the hearing to July 22, 2003. The City Council denied the appeal and
voted 4-1 to approve the development under Resolution 03-29.
The development site is located at 16455 SW 108th Avenue, and is described as
WCTM 2S115AA, Tax Lots 1301 and 1400 in unincorporated Washington
County.
11. PROCEDURE
The Tigard Development Code (TDC) Chapter 18.390 outlines the standard
decision making procedures for the specific application type. In this case, the
Planned Development Application is subject to review by the Tigard Planning
Commission. When multiple applications are filed, the decision is made by the
highest review authority as outlined in TDC Table 18.390.1.
BRETTON WOODS FINDINGS - 1 -
In this instance, the Tigard Planning Commission made the initial decision with
opportunity for appeal before the Tigard City Council. This particular matter was
initially decided by the Tigard Planning Commission and appealed to the Tigard
City Council.
111. APPLICABLE REVIEW CRITERIA
The application was reviewed for compliance with all of the following applicable
Community Development Code Chapters:
18.350 (Planned Developments)
18.370 (Variances and Adjustments)
18.380 (Zoning Map/Text Amendments)
18.390 (Decision Making Procedures)
18.430 (Subdivisions)
18.510 (Residential Zoning Districts)
18.705 (Access, Egress and Circulation)
18.715 (Density Computations)
18.725 (Environmental Performance Standards)
18.745 (Landscaping and Screening Standards)
18.755 (Mixed Solid Waste/Recycling Storage Standards)
18.765 (Off-Street Parking and Loading Requirements)
18.790 (Tree Removal)
18.795 (Visual Clearance Areas)
18.810 (Street and Utility Improvement Standards)
IV. PUBLIC TESTIMONY
During the course of the hearing, the appellants, and opponents of the
subdivision raised concerns with regard to storm drainage from the subject site,
and the applicant's tree plan.
On July 8, 2003 the appellants testified that the applicant's tree protection plan
did not satisfy the requirements of the Tigard Development Code Chapters
18.745, 18.790, the International Society of Arborists standards, or Tigard's
requirement for protection of trees. The appellants also added that the City's
own arborist opinion had been ignored. The appellant's cited codes from the
cities of Beaverton, Portland, and Lake Oswego to demonstrate that the Tree
Protection Zone was not allowed to be compromised in other Jurisdictions. They
added that there was a lot of concern by them, their neighbors, and the City
Forester. The appellants' attorney, Daniel Kearns, testified that the Tigard
Planning Commission, by approving this subdivision, did not require adequate
measures to ensure that the trees were preserved and protected. He added in
written testimony that, "Many of these trees straddle the property line and are
required under the City's Tree Protection Ordinance (TCC Chapter 18.790) to be
preserved. This necessarily means that all reasonable measures required to
ensure the survival must be taken, including an adequate Tree Protection Zone
(TPZ) with reasonable protective measures." The City Arborist testified and
stated that he still had concerns with regard to the proposed construction and the
BRETTON WOODS FINDINGS -2-
proximity to the trees. He felt that the health and stability of the trees might be
compromised by the proposed development.
The appellants and neighbors also testified that there was concern that drainage
flowing through a creek on the property south of this site would result in silting of
the pond. Ken Patton, owner of the property, testified that he wanted to see
calculations that check the flow of stormwater through the culverts on his
property. He also wanted to see a requirement in writing that obligated the
developer to fix the creek so that stormwater would not wash silt into his pond.
The hearing was continued, and on July 22, 2003, the hearing was reopened and
the applicant was permitted to rebut the testimony that was raised at the previous
hearing. Matt Sprague, consultant for Alpha Engineering, Walt Knapp, Project
Arborist, and Peter Torres, Consulting arborist testified on behalf of the proposal.
In regard to the trees and proposed tree protection measures, the arborists
clarified that all of the previous testimony had indicated that the literature cited as
standards for tree protection were not standards at all, but rather guidelines and
that tree protection is site specific. The arborists demonstrated through a series
of literature citations, how to calculate the optimal TPZ, but also demonstrated
that in urban conditions, the optimal TPZ is neither reasonable nor exact. They
maintained that their plan does meet the requirements of the Tigard
Development Code, and will preserve and protect the trees.
With regard to the drainage concerns, Matt Sprague testified that calculations
had been provided to demonstrate that no flooding should occur to the Patton
property and that Alpha was committed to working with Mr. Patton to mitigate
silting problems that may subsequently occur as a result of drainage from the
development. Mr. Sprague also noted that the storm drainage for the site is
being released into a stream and that silt affecting the pond is actually from other
properties. He stated that Alpha Engineering is well within its rights to release
stormwater to the natural stream.
V. FINDINGS
The City Council adopts by reference the findings of the Final order issued by the
Planning Commission (2003-01).
The City Council reviewed the evidence in the record, considered the public
testimony and found that the applicant fulfilled their obligation of providing a tree
plan that discussed the planting, removal, and protection of trees as required by
TDC Chapter 18.790.
The Council finds that the tree plan provided by the applicant's arborist does
provide a protection program that ensures the preservation and protection of the
trees, and defines standards and methods that will be used by the applicant to
protect these trees during and after construction.
BRETTON WOODS FINDINGS -3-
The Council finds that the applicant's tree plan, as revised addresses the
concerns that were raised by the City's Arborist, Planning Commission, and
neighbors of the project site. The applicant has shifted the building on lot 10, and
the applicant has proposed alternative construction techniques for construction of
the street and house foundations on lots 8-10 to minimize impacts to the trees.
While the Council recognizes that conflicting evidence was presented as to the
adequacy of applicant's tree protection plan, the Council finds that the applicant's
tree protection plan meets the standards imposed by the Community
Development Code.
The Council finds the applicant's arborists to be professional, experienced,
qualified, and credible.
The Council finds that the testimony and explanation offered by applicant's
arborists in response to criticisms of the tree protection plan to be persuasive.
The Council finds that the testimony of the applicant's arborists is sufficient to
support the conclusion that the tree protection plan meets all applicable
standards and criteria, even when it is considered with the evidence and
arguments submitted by the appellants that the tree protection plan does not
meet applicable standards and criteria.
The Council finds that the downstream analysis provided by Michael Van Loo,
Professional Engineer for Alpha Development, at the July 22, 2003 hearing
demonstrates that project represents less than 2% of the original drainage, and
that storm drainage from the site will not have an adverse impact on those
properties downstream from the subject site.
The Council finds that Mr. Van Loo is qualified and competent to provide expert
testimony as to storm drainage and that Mr. Van Loo is credible. The evidence
provided by Mr. Van Loo, related to storm drainage, is sufficient to support the
conclusion that all applicable storm drainage standards have been met. In
deciding this issue, the Council considered all evidence presented, including
testimony and other evidence from opponents of the project, but found the
evidence provided by applicant to be more persuasive and thorough.
The City Council finds that the application meets all applicable standards and
criteria, including all applicable standards and criteria relating to landscaping and
screening, tree protection and storm drainage.
BRETTON WOODS FINDINGS -4-
CITY OF TIGARD, OREGON
RESOLUTION NO. 03-Q
A RESOLUTION UPHOLDING THE PLANNING COMMISSION'S FINAL ORDER APPROVING
BRETTON WOODS SUBDIVISION(SUBDIVISION(SUB) 2003-00001/PLANNED DEVELOPMENT
REVIEW (PDR) 2003-00001/ZONE CHANGE (ZON) 2003-00001/ADJUSTMENT (VAR) 2003-
00006/ADJUSTMENT(VAR)2003-00007).
WHEREAS, the Planning Commission reviewed this case at a public hearing at its meetings of May 5,
2003 and May 19,2003; and
WHEREAS, the Planning Commission approved the applications (Planning Commission Final Order No.
2003-01 PC)based on the findings in the staff report and the testimony heard at the public hearings;and
WHEREAS, the City Council held a public hearing on the appeal of the approval on July 8,2003; and
WHEREAS, the City Council reviewed the testimony, submittals, and staff report and found that the
proposed development as conditioned,would be in compliance with all applicable decision criteria;
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Council hereby upholds the Planning Commission Final Order for
SUB2003-00001/PDR2003-00001/ZON2003-00001/VAR2003-00006/VAR2003-
00007 — Bretton Woods Subdivision, subject to the conditions of approval in the
Planning Commission Final Order No. 2003-01 PC based on the information provided
in the public record(Exhibit A).
SECTION 2: This resolution is effective immediately upon passage.
PASSED: This ,�20 day of 2003.
61
N,yor- it of rd
ATTEST:
City Recorder-City of Tigard
RESOLUTION NO. 03 - o�
Page 1
EXHIBIT A
NOTICE OFFINAL ORDER NO,2003,401 PC
BY THE PLANNING COMMISSION CITY OFTIGARD
p Community 0evekpment
FOR THE CITY QF TIGARD, OREGON ShapingA(Better Community
A FINAL ORDER APPROVING A LAND USE APPLICATION FOR A SUBDIVISION, ZONE CHANGE, PLANNED
DEVELOPMENT, AND TWO ADJUSTMENTS. THE COMMISSION HELD A PUBLIC HEARING TO RECEIVE
TESTIMONY ON THIS APPLICATION ON MAY 5, 2003, AND A CONTINUANCE ON MAY 19, 2003. THE PLANNING
COMMISSION HAS BASED THEIR DECISION ON THE FACTS, FINDINGS AND CONCLUSIONS DESCRIBED IN
FURTHER DETAIL WITHIN THIS FINAL ORDER.
120 DAYS = 7/25/2003
SECTION I. APPLICATION SUMMARY
"'URBAN SERVICE AREA"
FILE NAME: BRETTON WOODS SUBDIVISION
CASE NOS.: Subdivision (SUB) SUB2003-00001
Zone Change (ZON) ZON2003-00001
Planned Development Review (PDR) PDR2003-00001
Adjustment VAR VAR2003-00006
Adjustment(VAR) VAR2003-00007
APPLICANT: Alpha Engineering, Inc. OWNER: Lissy Walter Family Trust
Attn: Al Jeck/Matt Sprague By Lissy, Wa1te A. & Dorothy H.
9600 SW Oak Street, Suite 230 16455 SW 108 Avenue
Portland, OR 97223 Tigard, OR 97224
PROPOSAL: .Approval of a 10-lot Subdivision and Planned Development on 2.34 acres. The
lots are proposed to be developed with detached single-family homes. Lot sizes
within the development are proposed to be between 5,500 and 6,879 square feet.
The applicant is also seeking an Adjustment to the 200 foot cul-de-sac length
standard, and an Adjustment to the street improvement requirements of the Tigard
Development Code Chapter 18.810. The Adjustment would allow the applicant to
construct a curb tight sidewalk as opposed to a sidewalk separated by a planter
strip along SW 108 Avenue.
ZONING
DESIGNATION: R-4F5: 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: 16455 SW 108th Avenue; WCTM 2S115AA, Tax Lots 1301 and 1400.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.350, 18.370, 18.380, 18.390, 18.430,
18.510, 18.705, 18.715, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795 and
18.810.
SECTION II. PLANNING COMMISSION'S DECISION
The Planning Commission finds that the proposed developmen# meets the applicable approval criteria
of the Tigan Community Development Code:and that (lie pr6posa(Will not adversely a ect the health,
safe sand welfare of the City. , The Planning:Comtbissiori, therefore, APPROVES the requested Land
UseAbblications subject to the following conditions of approval;
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE i OF 32
CONDITIONS OF APPROVAL
THE 'FOLLOWING CONDITIONSSHALL BE'SATISFIEa PRIOR TO COMMENCING ANY ONSITE'
IMPROVEMENTS, INCLUDING GRAQING, LXCAVAT[ON AND/OR FILL ACTIVITIES:,
Submit tote Engineering Department (Brian Rager, , ext. or review an
approval:
1. Prior to commencing onsite improvements, a Publi% Facility Improvement (PFI) permit is
required for this project to cover the street work on 108 Avenue, the infrastructure work Inside
the subdivision (except for the private water services) and any other work in the public
right-of-way. Eight (8) sets of detailed public improvement plans shall be submitted for review to
the Engineering Department. NOTE: these plans are in addition to any drawings required by the
Building Division and should only include sheets relevant to public improvements. Public Facility
Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design
Standards, which are available at City Hall and the City's web page (www.ci.tigard.or.us).
2. The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate entity who will be designated as the "Permittee", and who will
provide the financial assurance for the public improvements. For example, specify if the entity is
a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is
incorporated and provide the name of the corporate contact person. Failure to provide accurate
information to the Engineering Department will delay processing of project documents.
3. Prior to construction, the applicant must obtain a plumbing permit from the Building Division to
cover the private water services that will be installed within the private street tract.
4. 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.
5. The applicant shall submit construction plans to the Engineering Department as a part of the
Public Facility Improvement permit, nrhich indicate that they will construct a half-street
improvement along the frontage of 1081 Avenue. The improvements adjacent to this site shall
include:
A. City standard pavement section for a neighborhood route with bike lanes from curb to
centerline equal to 16, but transition to match existing curb at the north end of the site, and
transition to provide 18 feet from centerline to curb at the south end of the site;
B. pavement tapers needed to tie the new improvement back into the existing edge of
pavement shall be built beyond the site frontage;
C. concrete curb, or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage necessary to convey surface and/or
subsurface runoff;
E. 5 foot concrete sidewalk with a planter strip, except as approved otherwise by the
adjustment;
F. street trees in the planter strip spaced per TDC requirements;
G. street striping;
H. streetlight layout by applicant's engineer, to be approved by City Engineer;
I. underground utilities;
J. street signs (if applicable);
K. driveway apron (if applicable); and
L. adjustments in vertical and/or horizontal alignment to construct SW 108 ' Avenue in a safe
manner, as approved by the Engineering Department.
6. The applicant's construction d=he
s shall show that the pavement and rock section for the
proposed private street(s) shall City's public street standard for a local residential street.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 2 OF 32
7. 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 Facility
Improvement(PFI) permit plans. Included with the plans shall be a proposed landscape plan and
maintenance plan.
8. An erosion control plan shall be provided as part of the Public Facility Improvement (PFQ permit
drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and
Planning Manual, December 2000 edition."
9. A final grading plan shall be submitted showing the existing and proposed contours. The plan
shall detail the provisions for surface drainage of all lots, and show that they will be graded to
insure that surface drainage is directed to the street or a public storm drainage system approved
by the Engineering Department. For situations where the back portions of los drain away from a
street and toward adjacent lots, appropriate private storm drainage lines shall be reviewed and
approved during construction plan review. The applicant's arborist shall be,on site inspecting the
work as it occurs.
10. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS
468.740 and the Federal Clean Water Act.
Submit to the Planning Department (Brad Kilby, 639-4171, ext. 2434) for review and approval:
11. The applicant shall comply with the recommendations of the arborist report, and shall provide
the City Arborist with a construction sequence including installation andremovalof tree
protection devices, clearing, grading, and paving.
12. Prior to site work, the applicant shall submit a complete set of construction documents with the
tree locations for the City Arborists review. Should additional trees need to be removed,
mitigation shall be recalculated.
13. The applicant shall notify the City Arborist when tree protection measures are in place so that
he may verify that the measures will function properly prior to construction.
THE,FOLLOWING;CC?NDITIONS SHALL3BE SATISFIED
PRIOR TO APPROVAL OF'THE FINAL PLAT:
Submit tote Efigineering Department (Brian Vager, , ext. or review an
approval:
14. Priorto approval of the final plat, the applicant shall pay an addressing fee in the amount of
$360.00. (STAFF CONTACT: Shirley Treat, Engineering).
15. The face of the final plat shall show a ROW dedication on 108th Avenue to provide 29 feet from
the centerline.
16. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed
Five
street(s)will be jointly owned and maintained by the private property owners who abut and
take access from it (them).
17. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and
Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a
maintenance plan and agreement for the proposed private street(s). The CC&R's shall obligate
the private property owners within the subdivision to create a homeowner's association to ensure
regulation of maintenance for the street(s). The applicant shall submit a copy of the CC&R's to
the Engineering Department (Brian Rager) prior to approval of the final plat.
18. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and
incorporated a homeowner's association.
19. Prior to approval of the final plat, tlr applicant shall pay $391.00 to the City for the striping of the
bike lane along the frontage of 108 Avenue.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 3 OF 32
20. The applicant shall either place the existing overhead utility lines along SW 108th Avenue
underground as apart of this project, or they shall pay the fee in-lieu of undergrounding The fee
shall be calculatedbythe frontage of the site that is parallel to the utility lines and will be $27.50
Per lineal foot. If the fee option is chosen, the amount will be $4,125.00 and it shall be paid prior
to approval of the final plat.
21. 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
the future homeowners within the subdivision.
22. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and
Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a
maintenance plan and agreement for the proposed private water quality/detention facility. The
CC&R's shall obligate the private property owners within the subdivision to create a homeowner's
association to ensure regulation of maintenance for the facility. The applicant shall submit a copy
of the CC&R's to the Engineering Department(Brian Rager) prior to approval of the final plat.
23. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to
the City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates
can be established by:
GPS tie networked to the City's GPS survey.
By random traverse using conventional surveying methods.
24. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact
Plan ning/E ng ineering Permit Technicians, at 503) 639-4171, ext. 426).
C. The final plat and data or narrative shall be drawn to the minimum standards set forth by
the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
D. The right-of-way dedication for 108th Avenue shall be made on the final plat.
E. NOTE: Washington County will not begin their review of the final plat until they receive
notice from the Engineering Department indicating that the City has reviewed the final plat
and submitted comments to the applicant's surveyor.
F. After the City and County have reviewed the final plat, submit two mylar copies of the final
plat for City Engineer signature (for partitions), or City Engineer and Community
Development Director signatures (for subdivisions).
Submit to the Planning Department (Brad Kilby, 639-4171, ext. 2434) for review and approval:
25. Prior to final plat approval, the applicant shall revise the plat to accommodate a minimum of 25
feet of frontage for all lots within the development.
26. Concurrent with final plat approval, the applicant shall convey title for the proposed open space
to a homeowner's association in accordance with the requirements of Section
18.350.110.A.2.b of the Tigard Development Code.
THE:FOLLOWING:CONDITIONS SHALL BE SATISFIED
PRIQR TO ISSUANCE,OF BUILDING PERMITS:
Submit tote Engineering Department (Brian Rager, ext. or review an
approval:
27. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 4 OF 32
28. The City Engineer may determine the necessity for, and require submittal and approval of, a
construction access and parking plan for the home building phase. If the City Engineer deems
such a plan necessary, the applicant shall provide the plan prior to issuance of building permits.
29. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the
public improvements substantially complete. Substantial completion shall be when: 1) all utilities
are Installed and inspected for compliance, including franchise utilities, 2) all local residential
streets have at least one lift of asphalt, 3 any off-site street and/or utility improvements are
substantially completed, and 4) all street lights are Installed and ready to be energized. (NOTE:
the City apart from this condition, and in accordance with the City's model home policy may Issue
model home permits).
30. Prior to issuance of building permits, the applicant shall provide the City with as-built drawings of
the public improvements as follows: 1) 3 mil mylar, 2 a diskette of the as-builts In "DWG"format,
if available; otherwise "DXF" will be acceptable, and ) the as-built drawings shall be tied to the
City's GPS network. The applicant's engineer shall provide the City with an electronic file with
points for each structure (manholes, catch basins, water valves, hydrants and other water
system features) in the development, and their respective X and Y State Plane Coordinates,
referenced to NAD 83 (91).
Submit to the Planning Department (Brad Kilby, 639-4171, ext. 2434) for review and approval:
31. Prior to issuance of building permits for structures on the individual lots within this
development, the applicant shall demonstrate compliance with the height requirement of the
underlying zone. The requirement calls for a 30-foot maximum height for primary units and 15
feet maximum for all accessory structures.
32. Prior to the issuance of building permits on the individual structures within this development,
the applicant shall demonstrate compliance with the following setbacks on all lots. Front Yard:
12 feet for the primary structure and 20 feet for garages. Rear Yard: 15 feet. Side yard: 5 feet.
33. At the time of application for building permits for individual homes, the applicant shall
demonstrate that each site will be accessed by a minimum 10-foot-wide paved access.
34. At the time of submittal for building permits for individual homes within the development, the
developer shall submit materials demonstrating that one (1) off-street parking space, which meets
minimum dimensional requirements and setback requirements as specified In Title 18, will be
provided on-site for each new home.
36. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign
compliance agreement.
IN ADDITION, THE APPLICANT 5H0IlLD BE A1MA13E OF T IE Ft3LL4WING ECTIONS
OF THE COMMUNITY DEVELOPMENT CORE; :;THIS:IS.MT AN EXCLUSIVE LiST:,,
18.430.080 Improvement Agreement.
Before City approval is certified on the final plat, and before approved construction plans are issued by
the City, the Subdivider shall:
1. Execute and file an agreement with the City Engineer specifying the period within which all
required improvements and repairs shall be completed; and
2. Include in the agreement provisions that if such work is not completed within the period specified,
the City may complete the work and recover the full cost and expenses from the subdivider.
The agreement shall stipulate improvement fees and deposits as may be required to be paid and may
also provide for the construction of the improvements In stages and for the extension of time under
specific conditions therein stated in the contract.
18.430.090 Bond:
As required by Section 18.430.080, the subdivider shall file with the agreement an assurance of
performance supported by one of the following:
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 5 OF 32
1. An irrevocable letter of credit executed by a financial institution authorized to transact business in
the State of Oregon;
2. A surety bond executed by a surety company authorized to transact business in the State of
Oregon which remains in force until the surety company is notified by the City in writing that it
may be terminated; or
3. Cash.
The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a
registered civil engineer, to assist the City Engineer in calculating the amount of the performance
assurance.
The subdivider shall not cause termination of nor allow expiration of said guarantee without having first
secured written authorization from the City.
18.430.100 Filina and Recordin :
Within 60 days o the City review and approval, the applicant shall submit the final plat to the County for
signatures of County officials as required by ORS Chapter 92.
Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded
final plat.
18.430.070 Final Plat Application Submission Requirements:
Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and
necessary data or narrative.
The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the
Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS:
Centerline Monumentation
In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and
roadway rights-of-way shall be monumented before the City accepts a street improvement.
The following centerline monuments shall be set:
1. All centerline-centerline intersection points;
2. All cul-de-sac center points; and
3. Curve points, beginning and ending points (PC's and PT's).
All centerline monuments shall be set during the first lift of pavement.
Monument Boxes Required
Monument boxes conforming to City standards will be required around all centerline intersection points,
cul-de-sac center points, and curve points.
The tops of all monument boxes shall be set to finished pavement grade.
18.810 Street & Utility Improvement Standards:
18.810.120 Utilities
All utility lines including, but not limited to those required for electric, communication, lighting and cable
television services and related facilities shall be placed underground, except for surface-mounted
transformers, surface-mounted connection boxes, and meter cabinets which may be placed above
ground, temporary utility service facilities during construction, high capacity electric lines operating at
50,000 volts or above.
18.810.130 Cash or Bond Required
All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a
period of one year following acceptance by the City.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 6 OF 32
Such guarantee shall be secured by cash deposit or bond in the amount of the value of the
improvements as set by the City Engineer.
The cash or bond shall comply with the terms and conditions of Section 18.810.180.
18.810.150 Installation Prerequisite
No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs,
lighting or other requirements shall be undertaken except after the plans therefor have been approved
by the City, permit The paid and permit issued.
18.810.180 Notice to City Required
Work shall not begin until the City has been notified in advance.
If work is discontinued for any reason, it shall not be resumed until the City is notified.
18.810.200 Engineer's Certification
The land divider's engineer shallprovide written certification of a form provided by the City that all
improvements, workmanship and materials are in accord with current and standard engineering and
construction practices, and are of high grade, prior to the City acceptance of the subdivision's
improvements or any portion thereof for operation and maintenance.
SECTION 1111. BACKGROUND INFORMATION
Site History
The property is currently developed with one single-family residence and a couple of small
outbuildings. According to the applicant, the site was previously a Christmas tree farm. The way that
the trees Have been planted would certainly indicate that this was the case. A search of city records
found no previous land use cases associated with this parcel.
Vicinity Information:
Theprotect site is located within the City's Urban Service Area. The site is located on the west side
of SW 108th Avenue and south of SW Durham Road. The property is surrounded on all sides by
single-family residences on lots that vary in size. There is a stream on the property that is located
directly west of this property, and a steep slope on the southwesterly corner of the property. The
areas directly south of this property are zoned R-2 which calls for a minimum lot size of 20,000
square feet. They are also part of a planned development.
Proposal Information:
The applicant is proposing to subdivide the parcel into ten lots for single-family residences. Because
of the trees and slopes on the site, the applicant has requested a planned development to allow them
to vary the underlying zoning standards to develop around these features. The applicant is also
requesting an adjustment to allow a curb tight sidewalk as opposed to a sidewalk separated from the
travel surface by a planter strip, and an adjustment to allow the cul-de-sac to be longer than 200 feet.
The applicant has also applied to the City for annexation. The annexation is being reviewed under a
separate process.
SECTION IV. DECISION MAKING PROCEDURES PERMITS AND USE
USE CLASSIFICATION: SECTION 18.130.020
Lists the Use Categories.
The applicant is seeking approval of a 10-lot subdivision on 2.34 acres. The lots are to be developed
with detached single-family homes. The existing single-family home and outbuildings are to be
demolished. Lot sizes within the development are between 5,500 and 6,879 square feet. The applicant
is also proposing to set aside two open space tracts, and a third tract that would encompass the private
street to serve this development. This use is classified in Community Development Code (CDC)
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 living as a permitted use in the R-4.5 zone.
Planned Developments are permitted in all districts. The applicant has applied for conceptual and
detailed planned development approval in conjunction with the subdivision.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 7 OF 32
SUMMARY LAND USE PERMITS: CHAPTER 18.310
Defines the decision-making type to which the land-use application is assigned.
This is a Planned Development/Subdivision, which is defined as a Type 111-PC Application. Adjustments
are typically Type 11, however, when applications are heard concurrently, the highest decision making
body will make the decision on all matters.
DECISION MAKING PROCEDURES: CHAPTER 18.390
Describes the decision-ma Ing procedures.
Type III procedures apply to quasi-Judicial permits and actions that contain predominantly
discretionary approval criteria. Type 111-PC actions are decided by the Planning Commission with
appeals to the Sty Council.
SECTION V. NEIGHBORHOOD COMMENTS
The Tigard Community Development Code requires that property owners within 500 feet of the
subject site be notified of the proposal, and be given an opportunity for written comments and/or oral
testimony prior to a 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. Staff has not received any
written comments from any neighbors about this application. About a month ago, the owner of a
property in the subdivision directly north of this property came to the office, reviewed the plans, and
met with the City Arborist on site to discuss potential problems. with the trees that were to be
removed. The owner has not formally responded to the application, but indicated that he would
probably attend the hearing. We also discussed the buffering requirements with the property owners
directly west of the site.
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
GENERAL PLANNED DEVELOPMENT STANDARDS: CHAPTER 18.350
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 Development chapter provides for flexibility in development
design and allows deviation from certain standards of the base zone. The following addresses
compliance with the process and applicable 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 of 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.
Applicability 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:
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;
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 8 OF 32
The lot sizes range between 5,500 and 6,879 square feet, and there are three tracts proposed to
accommodate the private street, the drainage facility, and the proposed open space. The required lot
size for the R-4.5 zoning district is 7,500 square feet unless an applican specifically requests
different lot sizes through the Planned Development (PD) process. The proposed lot widths have
been varied, but all are 50 feet or wider on the building portion of the lots. Lot depths range from
approximately 110-149 feet deep. The applicant has identified and detailed the requested lot
dimensional standards for this development, and the minimum and maximum density requirements
have been satisfied as discussed later in this report.
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.
Building height:
The building height provisions shall not apply; and
The height restriction does not apply within a Planned Development as long as the developer
proposes an alternative that is approved. In this case, the developer has not requested an alternative
height requirement, but has indicated that the lots will be developed with single-family residences.
Because it is not proposed to the contrary, development within this development will be subject to the
height requirements of the underlying zone.
FINDING: The applicant has not proposed a height requirement for development within the Bretton
Woods Planned Development.
CONDITION: Prior to issuance of building permits for structures on the individual lots within this
development, the applicant shall demonstrate compliance with the height requirement
of the underlying zone. The requirement calls for a 30-foot maximum height for
primaryunits and 15 feet maximum for all accessory structures.
Structure setback provisions:
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;
The applicant has provided a site plan that illustrates building envelopes within the development. The
applicant has proposed to maintain a 15-foot rear yard for all structures on the perimeter of the
project. There are no front yards on the perimeter of the project. All lots have front yards that face
the private street. The applicant has requested that the required front yards within the development
be adjusted to 12 feet for primary structures and porches. They have indicated that the setback to
the face of garage is proposed to remain at 20 feet. This criterion is satisfied.
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 not proposed any alternative side yard setbacks. The side yard setback is
proposed to be 5 feet for all structures in this development. This criterion has been met.
Front yard and rear yard setback requirements in the base zone setback shall not apply to
structures on the interior of the project except that: .(1) A minimum front yard setback 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 are proposed with a garage setback of at least 20 feet, and the applicant has only
requested reduced front yard setbacks for this development. All other setbacks that are required in
the underlying zone will be imposed, as there have been no requests for deviation. This criterion has
been met.
FINDING: The applicant has requested a reduced front yard setback of 12 feet, but has
maintained a 20 foot setback to the face of the garage.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 9 OF 32
CONDITION:Prior to the issuance of building permits on the individual structures within this
development, the applicant shall demonstrate compliance with the following setbacks on
all lots. Front Yard: 12 feet for the primary structure and 20 feet for garages. Rear
Yard: 15 feet. Side yard: 5 feet.
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
reviewed during the building permit phase.
FINDING: The base zone standards that are related to the previously discussed criteria have been
satisfied.
PD Approval Criteria: 18.350.100
Specific planned development aroval criteria. The Commission shall make findings that the
following criteria are satisfied when approving or approving with conditions, the concept plan.
The Commission shall make findings that the criteria are not satisfied when denying an
application.
All the provisions of the land division provisions, Chapters 98.410, 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. Compliance with the subdivision
approval criteria is discussed in greater detail in Section 18.430. The application has met or can be
conditioned such that the subdivision provisions are satisfied. This criterion is satisfied.
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.
Chapter 18.715, Density Computation and Limitations. 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 make 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 may approve according to
the following:
A maximum of 3% is allowed for the provision of undeveloped common space;
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;
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;
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.
The applicant has not requested any density bonuses. Density will be discussed later in this report
under Chapter 18.715.
Chapter 18.730, Exceptions to Development Standards;
None apply. This criterion is not applicable.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 10 OF 32
Chapter 18.795, Visual Clearance Areas;
The proposal indicates that there are three trees that are scheduled to remain and are within the
visual clearance area. During a recent visit to the site by staff, the visual clearance area was
observed and there were no apparent obstructions. All trees within the visual clearance area must be
maintained in accordance with the requirements of Chapter 18.795, and any violations of this chapter
will be remedied through code enforcement.
Chapter 18.745, Landscaping and Screening;
This is a single-family proposal adjacent to single-family homes. As such, there are no requirements
for screening or buffering from neighboring properties. However, as discussed later in this report, the
applicant is required to landscape at least 20% of the site within a Planned Development. Thi
applicant has provided a landscape plan for Tracts A and C, and a street tree plan for SW 108
Avenue and Tract B. Theselans have been discussed in further detail elsewhere in this report, and
staff has recommended conditions to ensure that the criterion is satisfied where the plans have been
found to be deficient.
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 should provide more than enough parking for the development. The
applicant has also designed the street such that it will have turnouts.for extra parking. The minimum
requirement for household living is one space for every unit. This criterion is satisfied.
Chapter 18.705, Access, Egress and Circulation; and
The applicant has indicated in the narrative that a driveway that is at least 15-feet wide will serve
each dwelling. The minimum required width for a driveway is 10-feet. The proposed private street
improvements are evaluated under discussion of compliance with street and utility standards in
Section 18.810 later in this report.
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 finds that the proposed development is consistent with the guidelines listed in the
Planned Development Section 18.350.100.B.2.
FINDING: There has been a proliferation of sign violations from new subdivisions. In accordance
with a new policy adopted by the Director's Designee, all new subdivisions must enter
into a sign compliance agreement to facilitate a more expeditious court process for
citations.
CONDITION:Prior to the issuance of building permits, the developer shall sign a copy of the City's sign
compliance agreement.
In addition, the following criteria shall be met:
Relationship to the natural and physical environment:
e s ree s, Wildings and other site e emen s s a e designed and located to preserve the
existing trees, topography and natural drainage to the greatest degree possible;
The site is constrained naturally by steep slopes on the southwest end of the property, the very large
trees throughout the site, and a drainageway on an adjacent property south of the site. The applicant
has proposed a private street to develop around several very large trees that are along the north
border of the site, and has proposed two large open space tracts to protect the remaining trees and
steep slopes on site. The Cify Arborist has questioned whether the location of the private street
would in fact protect the large trees on the north border of the site. His concerns are discussed in
more detail under the tree preservation section of this report. The applicant has made a
conscientious attempt to design the development around the natural features on site. This criterion is
satisfied.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 11 OF 32
Structures located on the site shall not be in areas subject to ground slumping and sliding;
There is no evidence within the record or within any city record related to this property to suggest that
the property is located within an area subject to ground slumping and sliding. The applicant has
proposed a large open space tract at the south end of the property. The combination of the area
between the structures and the retention of those large trees on the slope will help to ensure that the
integrity of that slope is not compromised.
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 fire
protection;
The current proposal does not call for any reduced setbacks along the rear and side yard setbacks.
With the exception of the front-yard setback, the new homes will comply with the underlying zone
setbacks. This criterion is satisfied.
The structures shall be oriented with consideration for the sun and wind directions, where
possible; and
The proposed structures are oriented to the south. Site constraints do not allow further building
orientation for sun and wind.
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 for this proposal, given the density and
infrastructure needs of the developable portion of the site. For a more complete discussion of the
tree preservation requirements for this proposal, refer to the discussion of compliance with the
requirements of Chapter 18.790.
Bufferina. screenina and compatibility between adioinin uses:
Buffering shall be provided between different types of land uses, e.g., between single-family
and multi-family residential, and residential and commercial uses;
Because the proposed development is for single-family homes in an area characterized by single-
family development, the Tigard Development Code (TDC) does not require any additional buffering.
The applicant has proposed to landscape the open space tracts, the drainage tract, and maintain a
large portion of the large trees throughout the site. This criterion is inapplicable.
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:
The purpose of the buffer, for example to decrease noise levels, absorb air pollution,
filter dust, or to provide a visual barrier;
The size of the buffer needs in terms of width and height to achieve the purpose;
The direction(s) from which buffering is needed;
The required density of the buffering; and
Whether the viewer is stationary or mobile.
As stated previously, there is no requirement for buffering between existing single-family homes and
new single-family homes. This criterion is inapplicable.
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) What needs to be screened; (b) The direction from which it is needed; and
(c) Whether the screening needs to be year- round.
The applicant has proposed screening of the private road along the north property line. There are no
proposed storage areas or other proposed activities that would require screening under this proposal.
This criterion is satisfied.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 12 OF 32
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, fo protect the private areas
on the adjoining properties from view and noise; Private outdoor area -- multi family use:
Shared outdoor recreation areas -- multi-family use:
These criteria relate to non-residential or multi-family structures and are not applicable to the
proposed single-family development.
Access and circulation:
The number of allowed access points for a development shall be provided in Chapter 18.705;
As discussed later in this report, theroposed development does not entirely comply with the access
standards in Chapters 18.705 and 18.810. The applicant has requested two adjustments that are
discussed later in this report.
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 VIII of this
report for more details.
Provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an
adopted plan.
The project fronts on SW 108th Ave., which is a neighborhood route with bike lanes in the
Transportation Systems Plan. The applicant has also proposed a public pedestrian/bicycle easement
through the site to facilitate future development of a pedestrian connection t? the Tualatin River if it is
needed. The applicant has proposed a half-street improvement on SW 1081 Avenue that will include
construction of a sidewalk along the frontage of this project and the applicant has been conditioned to
contribute money toward the future costs of striping the bike lanes. This criterion does not apply.
Landscaping and o ens ace:
ResidentialDevelopment: 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;
The open space and drainage tracts of this proposal constitute 27% of the site area. The applicant
has provided a landscape plan for these areas. It is anticipated that a portion of each lot will be
landscaped by the homeowner. The project will exceed the minimum 20% landscape criteria. The
planting plan involves plantings within Tracts A and C, and includes a mixture of trees, shrubs, and
ground cover. This criterion has been met.
Public transit:
Provisions for public transit may be required where the site abuts a public transit route. The
required facilities shall be based on:
The location of other transit facilities in the area; and
The size and type of the proposed development
The required facilities shall be limited to such facilities as:
A waiting shelter;
A turn-out area for loading and unloading; and
Hard surface paths connecting the development to the waiting area
The nearest bus facility is Y2 a mile from the site. This site does not abut a public transit route, and
this criterion is not applicable.
Signs:
No signage is proposed with this application, but refer to the previous condition.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 13 OF 32
ki
Allr
par ing.and loading areas shall be generally laid out in accordance with the requirements
set forth in Chapter Chapter 18.765;
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 can comply with all applicable requirements of Chapter 18.765.
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 1981 master drainage plan;
Storm drainage complies, or will be conditioned to comply with applicable City of Tigard and Clean
Water Services (CWS) requirements. For a more detailed discussion of storm drainage, see the
discussion of compliance with the requirement of Chapter 18.810 later in this report.
Floodplain dedication:
Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the
City shall require consideration of the dedication of sufficient open land area for a greenway
adjoining and within the floodplain. This area shall include portions of a suitable elevation for
the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the
adopted pedestrian bicycle pathway plan.
No areas within the 100-year floodplain exist on the site. This criterion is not applicable.
FINDING: The proposed 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.
Shared Open Space:
Requirements for shared open space:
Where the open space is designated on the plan as common open space the following
applies:
The open space area shall be shown on the final plan and recorded with the Director;
and
The open space shall be conveyed in accordance with one of the following methods:
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;
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 propert .
The terms of such lease or other instrument of conveyance must include provisions suitable
to the City Attorney for guaranteeing the following:
The continued use of such land for the intended purposes;
Continuity of property maintenance;
When appropriate, the availability of funds required for such maintenance;
Adequate insurance protection; and
Recovery for loss sustained by casualty and condemnation or otherwise.
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 condition shall apply:
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 14 OF 32
CONDITION:Prior to final subdivision plat approval, the applicant shall convey title for the proposed
open space to a homeowners association in accordance with the requirements of
Section 18.350.110.A.2.b of the Tigard Development Code.
Special adjustments 18.370:
Adjustments to development standards within subdivisions (Chapter 18.430). The Director
shall consider theapplication for adjustment at the same time he/she considers the
preliminary plat. An adjustment may be approved, approved with conditions, or denied
provided the Director finds:
The applicant is requesting an adjustment to the street improvement standards on SW 108th Avenue,
and an adjustment to the cul-de-sac length standard. Under the new Transportation System Plan, the
development is required to provide a planter strip between the curb and sidewalk. The applicant is
requesting an adjustment to the standard to allow a meandering sidewalk in order to protect some
existing trees that are close to SW 108 h Ave. Under current guidelines, cul-de-sacs are not to
exceed 200 feet in length without an adjustment. These adjustments are discussed simultaneously in
the following discussion.
There are special circumstances or conditions affecting the property, which are unusual and
peculiar to the land as compared to other lands similarly situated;
In the case of the curb tight sidewalk, the site plan indicates that there are several large trees that
would be adversely impacted if the sidewalk was not curb tight. There are several properties along
this street that have developed with curb tight sidewalks, and the applicant has proposed to meander
the sidewalk in which parts of the sidewalk will be separated by a planter strip. This criterion is
satisfied.
In reference to the adjustment to allow the cul-de-sac length to exceed 200 feet as opposed to the
proposed 500 feet. There are specific topography constraints as well as existing development
patterns that limit the ability of the applicant to extend a road all the way through the development and
still realize the density with detached single-family homes. This criterion is satisfied
The adjustment is necessary for the proper design or function of the subdivision;
The adjustment for the curb tight sidewalk standard is necessary for the design of this subdivision.
The adjustment would be needed if the access were to be placed anywhere along the frontage of the
property. This criterion is satisfied.
The adjustment requested for the cul-de-sac length is necessary to provide access to lots 6-10 of this
subdivision. The applicant has proposed a turn around to serve emergency equipment and garbage
trucks. This criterion is satisfied.
The granting of the adjustment will not be detrimental to the public health, safety, and welfare
or injurious-to the righ�s of other owners of property; and
Grantin of the adjustments would not be detrimental to the health, safety and welfare, nor, is there
any evidence to suggest that the adjustments would be injurious to the rights of other owners of
property surrounding the site. The Fire District has reviewed and commented and offered no
objection to this adjustment.
The adjustment is necessary for the preservation and enjoyment of a substantial property
right because of an extraordinary hardship, which would result from strict compliance with the
regulations of this title.
In order to develop the property in the proposed manner, the applicant would need to request the
adjustments to the improvement standards for street intersections and the cul-de-sac length. These
adjustments are necessary in order to develop the property as proposed.
FINDING: The criteria for granting the adjustments to the street design standards and the cul-de-
sac length have been satisfied. The adjustments are requested to accommodate this
development specifically because of the naturescape and shape of the lot, as well as
the consideration of pre-existing developmentatterns in the area that would not permit
compliance with the applicable chapters of the TDC.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 15 OF 32
Zone Change: Standards for Making Quasi-Judicial Decisions: Chapter 18.380
A recommendation or a decision to approve, approve with conditions or to deny an application
for a quasi judicial zoning map amendment sha 1 be based on all of the following standards:
Demonstration of compliance with all applicable comprehensive plan policies and map
designations;
The development code implements the goals and policies of the Comprehensive Plan andplanned
developments are permitted in all districts when they meet the code criteria of the Development
Code. This criterion is satisfied.
Demonstration of compliance with all applicable standards of any provision of this code or
other applicable implementing ordinance; and
According to the analysis of sections below, the proposed zone change is, or has been conditioned to
ensure compliance with the requirements for planned development�PD) in Section 18.350.020 and
all other applicable requirements.
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.
There is no change in circumstances or inconsistencies to the comprehensive plan or zoning map
that warrants a zone change from the underlying zone. However, a zone change is necessary to
place the PD overlay designation on the property. This criterion is inapplicable.
FINDING: The proposal satisfies the criteria for a zone change to place the Planned Development
Overlay zoning onto the property.
Preliminary Subdivision Plat Approval Criteria: 18.430.040
Approval criteria: '
Th e Approval Authority may approve, approve with conditions or deny a preliminary plat
based on the following approval criteria:
The proposed preliminary plat complies with the applicable zoning ordinance and other
applicable ordinances and regulations;
As illustrated in this report, the proposed plat complies with the zoning ordinance and other applicable
ordinances and regulations.
The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS
Chapter 92;
The applicant reserved the name "Bretton Woods" with Washington County in January of 2003. This
criterion is satisfied.
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 if is in the public interest to modify the street or
road pattern; and
There are no street stubs to this property from adjacent properties and existing development and
topography limits the ability for this applicant to provide stubs for future road service to adjacent
properties. This criterion has been met.
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.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 16 OF 32
ZONING DISTRICT
Residential Zonina District: Section 18.510.020
The 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 condifionally.
Planned Developments are permitted in all districts provided the application satisfies all applicable
criteria.
Development Standards: Section 18.510.050 States that Development standards in residential
zoning districts are contained in a e .2 below:
The subject site and the surrounding properties are all designated R-4.5 Low-Density Residential.
EXCERPT FROM TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
S�NADA PR4
Minimum Lot Size
-Detached unit 7,500 sq.ft. 5,500-6,879 sq.ft.
-Duplexes 10,000 sq.ft. N/A
-Attached unit 1 N/A
Average Minimum Lot Width
-Detached unit lots 50 ft. Varies 40+
-Duplex lots 90 ft. N/A
-Attached unit lots N/A
Maximum Lot Coverage - -
Minimum Setbacks
-Front yard 20 ft. 12 ft.
-Side facing street on
corner&through lots 15 ft. N/A
-Side yard 5 ft. 5 ft.
-Rear yard 15 ft. 15 ft.
-Side or rear yard abutting more
restrictive zoning district - N/A
-Distance between property line
and front of garage 20 ft. 20 ft.
Maximum Height 30 ft: 30 ft.
Minimum Landscape Requirement - 20% For PD Overlay
[1] Single-family attached residential units permitted at one dwelling per lot with no more than five attached units in one grouping.
[21 Lot coverage includes all buildings and impervious surfaces.
FINDING: Since the proposed development is a Planned Development, these standards can be
altered to fit a specific design. The applicant has proposed dimensional standards that
meet or exceed the development standards of the underlying zone with the exception of
lot size, lot width and front yard setbacks.
ACCESS AND EGRESS: CHAPTER 18.705
inimum access requirements Tor rest ential use: Section18.705.030H.
Access Management (Section 18.705.030.H)
Se-c ion 3U.FI: saes tha�an access report shall be submitted with all new
development proposals which verifies design of driveways and streets are safe by meetin
adequate stacking needs, sight distance and deceleration standards as set by ODO
Washington County, the City and AASHTO.
The applicant {AI[hha Engineering) analyzed the sight distance for the proposed private street
entrance onto 108 Avenue. They found that currently there is at least 250 feet of sight distance
north and south of the proposed access location. This sufficiently meets Washington County's sight
distance requirements. Alpha suggests that trees and low shrubs be continually pruned to maintain
that adequate sight distance.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 17 OF 32
Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the
influence area of collector or arterial street intersections. Influence area of intersections is
that area where queues of traffic commonly form on approach to an intersection. The
minimum driveway setback from a collector or arterial street intersection shall be150 feet,
measured from the right-of-way line of the intersecting street to the throat of the proposed
driveway. The setback may be greater depending upon the influence area, as determined from
City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In
a case where a project has less than 150 feet of street frontage, the applicant must explore
any option for shared access with the adjacent parcel. If shared access is not possible or
practical, the driveway shall be placed as far from the intersection as possible.
The new private street entrance is not within 150 feet of any collector or arterial street intersection.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along
a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial
shall be 600 feet. The minimum spacing of local streets along a.local street shall be 125 feet.
The new private street entrance is approximately 134 feet north of the Kent Street intersection,
thereby satisfying this criterion.
Vehicular access and egress for single-family, duplex or attached single-family dwelling units
on individual lots and multi-family residential uses shall not be less than as provided in Table
18.705.1 and Table 18.705.2;
TABLE 18.705.1
VEHICULAR ACCESS/EGRESS REQUIREMENTS:
RESIDENTIAL USE 6 OR FEWER UNITS
Dwelling;Un>its M[nimum; Numer�of M�r�mum Access Width = 1Vlin�mu�Payemenir�llflidt�.:
Driyewa i s Re.u�red V
or 2 teet 10 feet
The applicant has indicated in the narrative that each lot within the subdivision will have access to the
private street and that each access will meet the 15-foot access requirement.
FINDING: All proposed lots will meet the required 15 feet of access frontage required for single-
family dwellings. To ensure that the minimum width pavement requirement Is met at the
time of development of each parcel, the following condition shall apply:
CONDITION:At the time of application for building permits for individual homes, the applicant shall
demonstrate that each site will be accessed by a minimum 10-foot-wide paved access.
Vehicular access to multi-family structures shall be brought to within 50 feet of the ground
floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the
dwelling units.
This is a proposal for a single-family development. This standard does not apply.
Private residential access drives shall be provided and maintained in accordance with the
provisions of the Uniform Fire Code.
The individual homeowners will maintain the access drives once the property is developed and sold.
The Tualatin Valley Fire and Rescue district has reviewed the proposal and the comments have been
incorporated where necessary. This criterion is satisfied.
Access drives in excess of 150 feet in length shall be provided with approved provisions for
the turning around of fire apparatus by one of the following:
A circular, paved surface having a minimum turn radius measured from center point to
outside edge of 35 feet;
A hammerhead-configured, paved surface with each leg of the hammerhead having a
minimum depth of 40 feet and a minimum width of 20 feet;.
The maximum cross slope of a required turnaround is 5%.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 18 OF 32
There are no access drives proposed that would exceed 150 feet in length. This criterion has been
met.
Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at
least 30 feet), may be required so as to reduce the need for excessive vehicular backing
motions in situations where two vehicles traveling in opposite directions meet on driveways in
excess of 200 feet in length.
There are no proposed driveways in this development that exceed 200 feet in length. The deepest lot
in the proposed development is 130 feet, therefore, this criterion does not apply.
Where permitted, minimum width for driveway approaches to arterials or collector streets
shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for
traffic exiting the site.
The site is not adjacent to a collector or arterial. This standard does not apply.
FINDING: The proposed development can comply with all applicable access, egress, and
circulation requirements of Chapter 18.705.
DENSITY COMPUTATIONS: CHAPTER 18.715
Density Calculation: 18.715.020
Definition of net development area.
Net development area, in acres, shall be determined by subtracting the following land area(s)
from the gross acres, which is all of the land included in the legal description of the property
to be developed:
All sensitive land areas: a. Land within the 100-year floodplain; b. Land or slopes
exceeding 25%; c. Drainage ways; and d. Wetlands.
All land dedicated to the public for park purposes;
All land dedicated for public rights-of-way. When actual information is not available, the
following formulas may be used: Single-family development: allocate 20% of gross
acreage; Multi-family development: allocate 15% of gross acreage.
All land proposed for private streets; and
A lot of at least the size required by the applicable base zoning district, if an existing
dwelling is to remain on the site.
Calculating maximum number of residential units.
To calculate the maximum number of residential units per net acre, divide the number of
square feet in the net acres by the minimum number of square feet required for each lot in the
applicable zoning district.
The net development area is determined by subtracting from the gross area, the land needed for
public streets. The calculations are as follows:
Gross lot area 101,930 square feet
Street dedication 15,590 square feet
Steep Slopes 1,260 square feet
NET DEVELOPABLE AREA 85,080 square feet
To calculate the maximum allowed density, net developable area is divided by the minimum allowed
square footage within the zone, as follows:
R-4.5 zone
85,080/7,500 = 11 dwelling units
FINDING: The proposed ten dwelling units do not exceed maximum density of the net developable
area. this standard is met.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 19 OF 32
Calculating minimum number of residential units.
As required by Section 18.510.040, the minimum number of residential units per net acre shall
be calculated by multiplying the maximum number of units determined in Subsection B above
by 80% (0.8).
The minimum required density is determined by the following calculation:
11 X0.80 = 9
FINDING: The standard for minimum density is met.
ENVIRONMENTAL PERFORMANCE STANDARDS: CHAPTER 18.725
These standards require that federal and state environmental laws, rules and regulations be applied
to development within the City of Tigard. Section 18.725.030 Performance Standards regulates:
Noise, visible emissions, vibration and odors.
Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210
of the Tigard Municipal Code shall apply.
Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning
district, there shall be no use, operation or activity which results in a stack or other point-
source emission, other than an emission from space heating, or the emission of pure
uncombined water (steam) which is visible from aroperty line. Department of Environmental
Quality (DEQ) rules for visible emissions (340-21-01p5 and 340-28-070) apply.
Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is
Fine
in any given zoning district which is discernible without instruments at the property
line of the use concerned.
Odors. The emissions of odorous gases or other matter in such quantities as to be readily
detectable at an point beyyond the property line of the use creating the odors is prohibited. DEQ
rules for odors $40-028-090) apply.
Glare and heat. No direct or sky reflected glare, whether from floodlights or from high
temperature processes such as combustion or welding, which is visible at the lot line shall be
permitted, and; 1) there shall be no emission or transmission of heat or heated air which is
discernible at the lot line of the source; and 2) these regulations shall not apply to signs or
floodlights in parking areas or construction equipment at the time of construction or
excavation work otherwise permitted by this title.
Insects and rodents. All materials including wastes shall be stored and all grounds shall be
maintained in a manner which will not attract or aid the propagation of insects or rodents or
create a health hazard.
This is a detached single-family project, which is permitted within planned developments in the R-4.5
zone. There is nothing to Indicate that these standards will not be met. However, ongoing
maintenance to meet these standards shall be maintained and any violation of these standards will be
addressed by the City of Tigards' Code Enforcement Officer.
FINDING: The Environmental Performance standards are met.
LANDSCAPING AND SCREENING: CHAPTER 18.745
Establishes standards for landscaping, buffering and screening to enhance the aesthetic
environmental quality of the City.
The R-4.5 zoning district does not require any landscaping, however, planned developments require that
a minimum of 20% of the site be landscaped. As discussed previously, the common areas that are to be
landscaped constitute 27% of the site, and additional landscaping will be planted with the development
of each lot.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 20 OF 32
Section 18.745.040. states that all development projects fronting on a public street, private
street, or a private driveway more than 100 feet in length after the adoption of this title shall be
required to plant street trees in accordance with the standards in Section 18.745.040C.
The applicant has provided a landscape and street tree plan for the development to include the
planting of 10 red oaks along the front of the lots facing the private street. The applicant has also
proposed to retain the exhisting trees at the front portion of the site to satisfy the street tree
requirement alongSW 1081 Ave. However, when the applicant proposes to use existing trees, they
must apply for a ype 1 adjustment and demonstrate that the tree will not be lost as a result of any
cutting or filling around the tree during construction. They must also demonstrate that the ground
around the tree is only altered for drainage purposes_ The applicant did not request the adjustment,
but it is apparent from the plans and the discussion in the street Improvement adjustment portion of
the narrative, that the applicant can meet these standards. The street trees are acceptable species.
This criterion is satisfied
Buffering and Screening -Section 18.745.050
Buffering and screening is required to reduce the impacts on adjacent uses which are of a
different type in accordance with the matrices in this chapter(Tables 18.745.1 and 18.745.2).
The subject site is surrounded by single-family developments; therefore, there is no requirement for
buffering and screening for this project.
FINDING: As conditioned, the.proposed development will comply with all applicable Landscaping
and Screening requirements of Chapter 18.745.
MIXED SOLID WASTE AND RECYCLABLE STORAGE: CHAPTER 18.755
Although listed as a review criterion for this application, this chapter is only applicable to multi-unit
residential buildings containing five or more units and non-residential construction. Therefore, this
chapter is inapplicable. The applicant has stated that they intend to serve the site as any other
single-family development would be served.
OFF-STREET PARKING AND LOADING REQUIREMENTS: CHAPTER 18.765
This Cpapter is applicable for development projects when there is new construction,
expansion of existing use, or change of use in accordance with Section 18.765.070 Minimum
and Maximum Off-Street Parking Requirements.
The proposed project will create 10 lots for single-family dwellings. Submittals of detailed plans for the
construction of homes within the development are not necessary at this time. Table 18.765.2 requires
that one (1) off-street parking space be provided per detached dwelling unit. There is no maximum limit
on parking allowed for detached single-family dwellings. There is also no bicycle parking requirement for
single-family dwellings. Staff notes that there is a 20-foot required setback from the face of garages to
property lines in all residential zones. To ensure that homes constructed in this development comply
with these standards, the following condition shall apply:
CONDITION:At the time of submittal for building permits for individual homes within the development,
the developer shall submit materials demonstrating that one (1) off-street parking space,
which meets minimum dimensional requirements and setback requirements as specified in
Title 18, will be provided on-site for each new home.
TREE REMOVAL: CHAPTER 18.790
A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall
be provided with a site development review application. The tree plan shall include identification
of all existing trees, identification of a program to save existing trees or mitigate tree removal
over 12 inches in caliper, which trees are to be removed, protection program defining standards
and methods that will be used by the applicant to protect trees during and after construction.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 21 OF 32
The applicant has provided an arborist report dated February 3, 2003 from Walter Knapp. In the
report, the arborist states that there are a total of 85 trees more than 12 inches in diameter at 4 feet
above grade. The report states that 9 trees are considered hazardous, and that 16 additional trees
will be removed to accommodate construction. Removal of the 16 trees to accommodate
construction represents 21% of the trees over twelve inches that are on site. Since the applicant is
retaining more than 75% of the trees over twelve inches on site, there is no requirement for
mitigation. However, the City's arborist has raised several concerns in his comments as to whether
or not the development would be able to save the large trees on the north property line. He contends
that the location of the street in proximity to the trees would jeopardize the survivability of the trees.
He has recommended that the street be shifted, and that lots 9 and 10 be included in the open space
torotect the large trees at the west end of the property. The primary concern is wind damage and
the possibility of affecting the trees to the extent that there oot structure is compromised, thus
rendering the tree a hazard. Staff recommends that further study be afforded to the trees at the
northernropertboundaries. Once the construction documents are complete, a more detailed
analysis could be performed by the City Arborist to assure that those trees that would be severely
affected by the construction be removed. At that time staff would recalculate the mitigation
requirements.
FINDING The applicant has provided a tree plan and arborist report to address the protection and
removal of trees on site. To ensure that the trees are preserved according to the plan, the
following conditions shall apply:
CONDITIONS:
The applicant shall comply with the recommendations of the arborist report, and
shall provide the City Arborist with a construction sequence including installation
and removal of tree protection devices, clearing, grading, and paving.
Prior to site work, the applicant shall submit a complete set of construction
documents with the tree locations for the City Arborists review. Should additional
trees need to be removed, mitigation shall be recalculated.
The applicant shall notify the City Arborist when tree protection measures are in
place so that he may verify that the measures will function properly prior to
construction.
Visual Clearance Areas: Section 18.795
Clear vision area shall be maintained on the corners of all property adjacent to intersection of
two streets, a street and a railroad, or a driveway providing access to a public or private street.
A clear vision area shall contain no vehicle hedge, planting, fence, wall structure, or temporary
or permanent obstruction exceeding three ?3) feet in height, measured from the top of the curb,
or where no curb exists, from the street center grade, except the trees exceeding this height may
be located in this area, provided all branches below eight feet are removed. For arterial streets
the visual clearance shall not be less than 35 feet on each side of the intersection.
No specific plans for the construction of structures are required through the subdivision process.
Compliance with vision clearance requirements shall be confirmed through the building permit
process for all homes to be constructed within the development. The applicant has not illustrated the
clear vision areas on the plans for the intersection of SW 108 Avenue and the private street, but has
indicated in the narrative that there will be no obstructions placed within these areas. This standard is
met.
G. IMPACT STUDY: SECTION 18.390.040.B.e
Requires that the applicant shall include an impact study. The study shall address, at a
minimum, the transportation system, including bikeways, the drainage system, the parks
system, the water system, the sewer system, and the noise impacts of the development. For
each public facility system and type of impact of the development on the public at large, public
facilities systems, and affected private 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.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 22 OF 32
The applicant has submitted an impact study addressing the required elements above.
ROUGH PROPORTIONALITY ANALYSIS
Based on a transportation impact study prepared for the A-Boy Expansion/Dolan/Resolution 95-61, TIF's
are expected to recapture 32 percent of the traffic Impact of new development. Presently, the TIF for
each residential trip that is generated is $226.
According to the Washington County TIF ordinance, 32 percent of a projects impacts are met by its TIF
assessment in Tigard. This leaves 68 percent unmitigated. The actual cost of system improvements
per trip generated by new development on the Tigard street system can be determined by the following
equation (Larson, Mackenzie Engineering, Dolan Findings, June 1995):
$226 divided by .32 equals $706. ($226 is the residential use trip rate per trip TIF assessment according
to the Washington County TIF ordinance).
According to the ITE manual figures and the TIF ordinance, a single-family detached residential unit
generates 10 average weekday trips per dwelling unit, per day. As there are ten new dwelling units
proposed, 100 trips are generated per day for this site.
Less Mitigated Costs
The applicant is required to make half-street improvements to the right-of-way along 150 feet of the
projec s frontage on SW 108th Avenue. At an approximate cost of$200 (estimated cost) per linear foot,
this is valued at approximately $30,000. The applicant is also required to contribute $391 towards the
future bike strips that will be put in place on SW 108 Avenue.
Estimate of unmitigated impacts
Full Impact is equal to 100 daily trips x$706 = $70,600
Less TIF Assessment 100 daily trips x$226 = $22,600
Less Mitigated costs = $30,391
Equals the unmitigated Impact of* $17,609
FINDING: Using the above cost factors, it can be determined that the unmitigated impacts of the
development exceed the costs of the conditions imposed and, therefore, the conditions are
roughly proportionate to the impacts sustained and thereby justified.
STREET AND UTILITY IMPROVEMENTS STANDARDS: CHAPTER 18.810
Chapter 18.81U provides construction standards or the implementation of public and private
facilities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be
improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street 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 neighborhood
route street to have a 54-foot right-of-waywidth and a 32-foot paved section. Other
imFrovements required may include on-streeparking, sidewalks and bikeways, underground
utilities, street lighting, storm drainage, and street trees.
This site lies adjacent to SW 108th Avenue which is classified as a neighborhood route with bike
lanes on the City of Tigard Transportation Flan Map. At present, there is approximately 20 feet of
ROW west of the centerline, according to the most recent tax assessor's map. The applicant
proposes to dedicate an additional nine feet of ROW to provide the required 29 feet from centerline.
SW 108th Avenue is current/ paved, but not fully improved to meet current standards. in order to
mitigate the impact from this development, the applicant proposes to construct a half-street
improvement adjacent to the site. The required curb-fd-curb paved width for this type of street is 36
feet. At presenf, there is 20 feet of pavemel from centerline to the curb line along the east side of
the roadway. This is explained because 108 Avenue previously was classified as a minor collector
which required a total paved section of 40 feet.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 23 OF 32
The applicant is concerned with some existing trees along the west edge of the roadway that they
would like to preserve. They propose to extend the pavement width to 16 feet west of the centerline
for most of the site frontage and would transition the curb line at the north end of the site to match the
existing curb. The required 36-foot wide paved width would be accomplished, but the crown of the
road would be offset from the pavement centerline by approximately two feet because of the 20-foot
section east of the ROW centerline. This condition is not uncommon and Staff believes a safe
transition can be made.
There is a problem with the applicant's plan as it pertains to the south end of the site. There, the
proposed curb line would be terminated at 16 feet from centerline. The problem is that the existing
paved width on the east side is only 17 feet, south of Kent Street. City asbuilts show that when the
.Kent Street intersection was constructed, the curb line on the south side of Kent was built at 17 feet
from centerline. If the applicant's project ends with the curb line at 16 feet, the remaining pavement
section would only be 33 feet which would not meet the current standard. Staff recommends the
applicant be required to transition the curb line at the south end of the site so that there is 18 feet
from the centerline to the curb.
Adjustment for Curb-tight Sidewalk
Because of the trees adjacent to the southeast corner of the site in Tract A, the applicant would like to
move the sidewalk to curb-tight to minimize the tree impacts. Adjustments to street standards are
covered under TDC 18.370.020.C.11, where the Director must find 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 trees in Tract A adjacent to the roadway are between 15 and 19 inches in diameter, and are
considered mature trees. By moving the sidewalk to the curb line, impacts in the root zone of the
trees can be minimized. Staff finds that the adjustment would not adversely affect the public benefits,
as citizens often comment that they do not like to see mature trees being removed with development.
The trees adjacent to the public sidewalk will also provide a nice streetscape for pedestrians. Staff
recommends approval of this adjustment.
Future Street Plan and Extension of Streets: Section 18.810.030(F) states that a future street
Elan shall be filed 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 properties are not considered to be cul-de-sacs since
they are intended to continue as through streets at such time as the adjoining property is
developed. A barricade shall be constructed at the end of the street by the property owners
which shall not be removed until authorized by the City Engineer, the cost of which shall be
included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-
sac bulbs shall be constructed for stub streets in excess of 150 feet in length.
The applicant's circulation plan shows that it is not feasible to extend a public or private roadway further
to the west because of the creek. Also, the slopes approaching the creek exceed 25% and would not
support the grade requirements of a public or private street. In addition, the land to the north and south
of this site are developed and there is no street connection potential in those directions. The circulatiop,
plan shows that properties west of the creek could reasonably develop with street connections to 113
Avenue.
Street Alignment and Connections: Section 18.810.030(G) states that staggering of streets
making -r, intersections at collectors and arterials shalt not be designed so that dogs of less
than 300 feet on such streets are created, as measured from the centerline of such street.
Spacing between local street intersections shall have a minimum separation of 125 feet. All
local streets which abut a development site shall be extended within the site to provide
through circulation when not precluded by environmental or topographical constraints,
existingdevelopment 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
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 24 OF 32
street pattern to provide required extensions. In the case of environmental or topographical
constraints, the mere presence of a constraint is not sufficient to show that a street
connection is not possible. The applicant must show why the constraint precludes some
reasonable street connection.
As was stated above, the steep slopes and creek to the west preclude extension of a public or private
roadway further to the west.
Cul-de-sacs: 18.810.030.K states that a cul-de-sac shall be no more than 200 feet long, shall not
provide access to greater than 20 dwelling units, and shall only be used when environmental or
topographical constraints, existing development pattern, or strict adherence to other
standards in this code preclude street extension and through circulation:
All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other
than circular, shall be approved by the City Engineer; and
The length of the cul-de-sac shall be measured along the centerline of the roadway from
the near side of the intersecting street to the farthest point of the cul-de-sac.
If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street
may be required to be provided and dedicatedtothe City.
The applicant proposes a private street that would have a length of approximately 500 feet. Again,
the adjustment criteria found in TDC 18.370.020.C.11 applies:
"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 site is over 650 feet deep, which poses a challenge immediately when it comes to serving
developable lots with street frontage. In addition, as was mentioned before, the steep slopes and
creek to the west preclude any connection to the west. Existingdevelopment to the north and south
also preclude street connections. Therefore, in order to serve he developable portion of this site, a
street of over 200 feet is necessary. The impacts to the steep slopes and creek channel would
exceed any perceived public benefit of a through street, especially when this street will only serve a
total of 10 homes. Staff supports this adjustment.
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:
The new private street will have a gradient of less than three percent, thereby meeting this criterion.
Private Streets: Section 18.810.030.S states that design standards for private streets shall be
established by the City Engineer. The City shall require legal assurances for the continued
maintenance of private streets, such as a recorded maintenance agreement. Private streets
serving more than six dwelling units are permitted only within planned developments, mobile
home parks, and multi-family residential developments.
The applicant proposes to serve a total of 10 homes with the private street. This would be permitted
with a Planned Development approval. Staff supports the applicant's plan because the site is
constrained to allow the width requirements of a public street.
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) alon with the final plat that will clarify how
the private property owners are to maintain the private streets). These CC&R's shall be reviewed
and approved by the City prior to approval of the final plat. The City's public improvement design
standards require private streets to have a pavement section equal to a public local street. The
applicant will need to provide this type of pavement section.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 25 OF 32
Paved Width
The travel width of the private street is proposed at 22 feet versus 24 feet in order to preserve Tract C
on the north side and existing trees, as well as to provide adequate depth for the new lots. Figure
18.810.6 provides the "skinny street" standard for roadways that would otherwise require a 24-foot
wide paved section. There are two criteria: 1) the applicant must provide a minimum of one (1) off-
street pparking space for every 20 feet of restricted street frontage; and 2) no parking is permitted
within 30 feet of an intersection.
The second criterion is met because the first parking "bump out" is well over 30 feet away from the
108th Avenue intersection.
The first criterion does not appear to be met. The applicant's "bump outs" provide a total length for
parking of approximately 210 feet. With approximately 20 lineal feet needed per car space, these
bump outs would provide approximately 10 additional off-street parking spaces, as mentioned In the
applicant's narrative. The restricted portions of the private street (those segments not adjacent to a
bump out) total approximately 240 lineal feet. One parking space per 20 feet would require a total of
12 additional off-street parkin spaces. Therefore, the applicant will need to revise the street plan to
lengthen the bump outs so that a total of 12 parking spaces are provided. Staff finds that the
applicant should easily be able to meet this standard.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be
designed with due regard to providing adequate building sites for the use contemplated,
consideration of needs for convenient access, circulation, control and safety of street traffic and
recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall
not exceed 1,800 feet measured along the right-of-way line except:
Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre-existing development or;
For blocks adjacent to arterial streets, limited access highways, major collectors or
railroads.
For non-residential blocks in which internal public circulation provides equivalent access.
Because of existing development, there are no further opportunities for connections. This standard is
met.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public
easements or right-of-ways shall be provided when full street connection is not possible.
Spacing between connections shall be no more than 330 feet, except where precluded by
environmental or topographical constraints, existing development patterns, or strict
adherence to other standards in the code.
The applicant has proposed to serve the site with a sidewalk on one side of the private street, and to
stub a pedestrian path to the western property line. There are no further opportunities for making a
bicycle/pedestrian connection within this development. This standard is satisfied.
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times
the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the
applicable zoning district.
None of the proposed lots exceed 150 feet in length, which is 2.5 times the average lot width. This
standard is satisfied.
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public
or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies,
which requires a parcel to either have a minimum 15-foot frontage or a minimum 15 foot wide
recorded access easement. In cases where the lot is for an attached single-family dwelling unit,
the frontage shall be at least 15 feet.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 26 OF 32
All lots with the exception of lot 9 have 25 feet of frontage onto the private street. This is not a
standard that can be deviated from through the planned development process. This criterion is not
satisfied.
FINDING: Lot 9 does not have 25 feet of frontage on a public or private street.
CONDITION:Prior to site work, the applicant shall revise the plat to accommodate a minimum of 25
feet of frontage for all lots within the development.
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.
The applicant will construct a sidewalk along 108th Avenue and will construct a sidewalk along one
side of the new private street. This standard will be met.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each
new development and to connect developments to existing mains in accordance with the
provisions set forth in Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 1996 and including any future revisions
or amendments) and the adopted policies of the comprehensive plan.
Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include
consideration of additional development within the area as projected by the Comprehensive
Plan.
There is an existing 8-inch public line in 108th Avenue that has ample capacity to serve this site. The
applicant will extend a new 8-Inch public line within the private street to serve the new lots.
Storm Drainage_
General Provisions: Section 18.810.100.A states requires developers to make adequate
provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other
drainage facility shall be large enough to accommodate potential runoff from its entire
upstream drainage area,.whether inside or outside the development. The City Engineer shall
approve the necessary size of the facility, based on the provisions of Design and Construction
Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services
in 2000 and including any future revisions or amendments).
The applicant's narrative indicates there is an intermittent stream that exists just to the south of thg
site and partially crosses the site through Tract A. Adjustments to the storm drainage system in 108
Avenue many years ago stopped the discharge of street storm water into this channel. At present,
there does not appear to be any regular flow of storm water. Based on the location and minimal flow
of this channel, it does not pose a threat to this development.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by
the City Engineer that the additional runoff resulting from the development will overload an
existing drainage facility, the Director and Engineer shall withhold approval of the
development until provisions have been made for improvement of the potential condition or
until provisions have been made for storage of additional runoff caused by the development in
accordance with the Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 2000 and including any future revisions
or amendments).
This site lies within %-mile of the Tualatin River and there are no restrictions in the open channel
system between this site and the river. Therefore, onsite detention is not advisable. The flows from
this site will be treated then released into the intermittent stream channel that flows in a southwesterly
direction. Since the development is served entirely by a private street, the storm drainage system in
the private street must also be privately maintained.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 27 OF 32
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed
bikeways identified on the Citx's adopted pedestrian/bikeway plan shall include provisions for
the future extension of such bikeways through the dedication of easements or right-of-way.
As was stated previously, 108th Avenue is a neighborhood route with bike lanes. There are no bike
lanes striped in this area at present.
Cost of Construction: Section 18.810.110.13 states that development permits issued for
planned unit developments, conditional use permits, subdivisions, and other developments
which will principally benefit from such bikeways shall be conditioned to include the cost or
construction of bikeway improvements.
As a part of this application, the applicant should contribute toward the future bike lane stripe on the
west side of the roadway.
The amount of the striping would be as follows:
150 feet of 8-inch white stripe, at$2.50/If $375.00
4 Mono-directional reflective markers @ $4.00/ea 16.00
391.00
Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the
roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated
from the road is eight feet.
The future bike lane will be six feet in width.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes
and meter cabinets which may be placed above ground, temporary utility service facilities
during construction, high capacity electric lines operating at 50,000 volts or above, and:
The developer shall make all necessary arrangements with the serving utility to provide
the underground services;
The City reserves the right to approve location of all surface mounted facilities;
All underground utilities, including sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surfacing of the streets; and
Stubs for service connections shall be long enough to avoid disturbing. the street
improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer
shall pay a fee in-lieu of under-grounding costs when the development is proposed to take
place on a street where existing utilities which are not underground will serve the
development and the approval authority determines that the cost and technical difficulty of
under-grounding the utilities outweighs the benefit of under-grounding in conjunction with the
development. The determination shall be on a case-by-case basis. The most common, but
not the only, such situation is a short frontage development for which under-grounding would
result in the placement of additional poles, rather than-the removal of above-ground utilities
facilities. An applicant for a development which is served by utilities which are not
underground and which are located-across a public right-of-way from the applicant's property
shall pay a fee in-lieu of under-grounding.
There are existing overhead utility lines along the frontage of SW 108th Avenue. If the fee in-lieu is
proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. The
frontage along this site is 150 lineal feet; therefore the fee would be $4,125.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
STANDARDS:
Public Water System:
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 28 OF 32
This site can be served from the City's main water line in 108th Avenue. Since the City does not
permit public water lines in a private street, the applicant will need to bank the water meters as shown
on the plan at the entrance to the subdivision.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM) regulations established by
Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and
Order No. 00.7) which require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the
storm water runoff generated from newly created impervious surfaces. In addition, a
maintenance plan shall be submitted indicating the frequency and method to be used in
keeping the facility maintained through the year.
Prior to construction, the applicant shall submit plans and calculations for a water quality facility that
will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a
maintenance plan for the facility that must be reviewed and approved by the City prior to construction.
The applicant will meet CWS water quality specifications by providing a 100-foot long biofiltration
swale in Tract A. The Swale, along with the onsite storm drainage system, must be privately
maintained. The applicant's CCR's must provide clear direction to the future home owners as to the
maintenance responsibilities for Tract A.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to reduce the amount
of sediment and other pollutants reaching the public storm and surface water system
resulting from development, construction, grading, excavating, clearing, and any other activity
which accelerates erosion. Per CWS regulations, the .applicant is required to submit an
erosion control plan for City review and approval prior to issuance of City permits.
The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System
(NPDES) erosion control permit be issued for any development that will disturb five or more
acres of land. Since this site is over five acres, the developer will be required to obtain an
NPDES permit from the City prior to construction. This permit will be issued along with the
site and/or building permit.
A final grading plan shall be submitted showing the existing and proposed contours. The plan shall
detail the provisions for surface drainage of all lots, and show that they will be graded to insure that
surface drainage is directed to the street or a public storm drainage system approved by the Engineering
Department. For situations where the back portions of lots drain away from a street and toward adjacent
lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff
from each lot. The applicant will be required to obtain a NPDES permit, as this site is over two acres in
size.
Address Assi nments:
he C ity o Tigard is responsible for assigning addresses for parcels within the Cit of Tigard
and within the Urban Service Boundary (USB). An addressing fee in the amount of$ 30.00 per
address shall be assessed. This fee shall be paid to the City prior to approval of the final plat.
The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and
within the Urban Service Boundary (USB). An addressing fee in the amount of $30.00 per address
shall be assessed. This fee shall be paid to the City prior to approval of the final plat.
For this project, the addressing fee will be $360 (12 lots and/or tracts X $30/address = $360).
Survey Requirements:
The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a
tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates can be
established b,y:
GPS tie networked to the City's GPS survey.
By random traverse using conventional surveying methods.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 29 OF 32
In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's
engineer shall provide the City with an electronic file with points for each structure (manholes, catch
basins, water valves, hydrants and other water system features) in the development, and their
respective X and Y State Plane Coordinates, referenced to NAD 83 (91).
SECTION VII. OTHER STAFF COMMENTS
The Tigard Building Division has reviewed this proposal but did not provide any comments at this
time.
The City of Tigard Operations Utility Manager has reviewed the proposal but did not provide any
comments at this time.
The City of Tigard Arborist has reviewed the proposal, and has provided the following comments:
All trees on the neighboring properties must receive the same protection guidelines as the trees on
the applicant's site.
If the tree protection guidelines outlined in the conditions of approval are not followed, moved after
being approved in the field, knocked down during construction or are removed prior to the end of
construction the project will be:
Immediately shut down until the fencing is reinstalled according to the conditions of approval.
Each impacted tree shall be bonded for seven years in the amount of$5,000.00 per tree.
Corrective action will taken by the applicant to address the damage done to the Critical Root
Zones of each tree. Corrective action may include, but not limited to, loosening compacted
soil, replacing graded soil or removing filled soil.
A fine of $250.00 per day shall be assessed to the applicant for each day that the fencing is
down.
am very concerned about the health and stability of the trees that will remain onsite. One of my
concerns lies in the fact that their roots will receive extensive damage from the construction of the
private drive and the homes. These trees are growing,for the most part, in a grove. As a result they
have developed root systems that are intertwined and shared. The loss of neighboring and adjacent
trees will have adverse impacts on the trees that are retained due to extensive root loss. Additionally,
the trees serve to protect each other during periods of low, moderate and high winds. Removing
trees from this grove could very well have adverse impacts on the remaining trees in that they could
be blown over since they will be directly exposed to winds without the customary protection in
addition to their root systems already having been extensively compromised.
There is not enough protection provided for the "Retain" trees to avoid detrimental, and probably
irreversible, damage to the root systems. One of the functions of tree roots is to provide anchorage
for the tree in the soil. Not properly protecting the root systems can cause severe damage and death
to the neighboring homes and families. If the trees do not fall they could die as a result of the
extensive root damage and the future homeowners will be stuck paying for the very expensive job of
removing the dead trees.
If the developer is serious about keeping these trees, a more extensive root protection zone should
be required. Putting the tree protection fencing at the drip lines for the majority of these trees will not
be enough protection for the root systems.
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 30 OF 32
One suggestion would be to not develop lot 10 and reconfigure lots 8 & 9 to allow for adequate tree
protection for the remaining large trees. This would alleviate a large problem regarding tree stability
on the northeast portion of the development.
In addition to the comment above, I would suggest eliminating the private drive on the northern
portion of the development and tie into the existing road located just south of the development.
I do not feel that thinning out the canopies of the remaining trees is a viable or wise option as a
solution to the stability issues regarding the trees located on the northern boundary line. The trees
will suffer immense root loss, which will have adverse impacts on the overall health of the trees, not
just the stability. The trees will experience diminished abilities to take up water and nutrients as well
as storage and conduction of water and nutrients.
The Tigard Police Department has reviewed the proposal and indicated that they have no
objections to the proposal.
SECTION VIII. AGENCY COMMENTS
The Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following
comments:
DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be
provided with an approved turnaround. Diagrams of approved turnarounds are available from the fire
district. (UFC Sec. 902.2.2.4)
The proposed hammerhead turnaround is acceptable.
NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate
parked vehicles and 20 feet of unobstructed driving surface, "No Parking" signs shall be installed on
one or both sides of the roadway and in turnarounds as needed. (UFC Sec. 902.2.4) Signs shall read
"NO PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810 - 98.812" and shall be installed with
a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall
have black or red letters and border on a white background. (UFC Sec. 901.4.5.1)— (See diagram on
back)
No Parking signs shall be provided in the hammerhead turnaround.
SINGLE-FAMILY DWELLINGS AND DUPLEXES - FIRE HYDRANTS: Fire hydrants for single-family
dwellings, duplexes and sub-divisions, shall be placed at each intersection. Intermediate fire
hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an intersection
as measured in an approved manner around the outside of the structure and along approved fire
apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief.
(UFC Sec. 903.4.2.2)
SINGLE-FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for
single-family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) is(are)
3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix
Table A-III-A-1. (UFC Appendix III-A, Sec. 5)
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 31 OF 32
ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire
apparatus access roadways and fire fighting water supplies shall be installed and operational prior to
any other construction on the site or subdivision. (UFC Sec. 8704)
Clean Water Services, PGE, The Oregon Division of State Lands, Verizon, and Washington
County were notified, but no additional comments were submitted.
SECTION IX. CONCLUSION
The City of Tigard Planning Commission has APPROVED, subject to the CONDITIONS OF
APPROVAL contained within this staff report, Subdivision (SUB2003-00001), Zone Change
(ZON2003-00001), Planned Development (PDR2003-00001), and two Adjustments (VAR2003-00006
and VAR2003-00007)— BRETTON WOODS SUBDIVISION.
IT IS FURTHER ORDERED THAT THE APPLICANT AND ALL PARTIES TO THESE
PROCEEDINGS BE NOTIFIED OF THE ENTRY OF THIS ORDER.
PASSED: THIS 19TH DAY OF MAY, 2003 BY THE CITY OF TIGARD PLANNING COMMISSION.
r
Mark Padgett, Planning Commission President
NOTICE OF FINAL ORDER NO.2003-01 PC BY THE PLANNING COMMISSION PAGE 32 OF 32
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