Resolution No. 05-10 CITY OF TIGARD, OREGON
RESOLUTION NO. 05--10
A RESOLUTION AND FINAL ORDER APPROVING THE ASH CREEK ESTATES SUBDIVISION
(SUBDIVISION (SUB) 2003-00010/PLANNED DEVELOPMENT REVIEW (PDR) 2003-00004/ZONE
CHANGE(ZON)2003-00003/SENSITIVE LANDS REVIEW (SLR) 2003-00005/ADJUSTMENT(VAR)
200300036/ADJUSTMENT (VAR) 2003-00037) — "REMAND," ADOPTING FINDINGS AND
IMPOSING CONDITIONS.
WHEREAS,the Planning Conunission initially reviewed this case at a public hearing at its meeting of July
7,2003; and
WH REAS, the Planunixng Carrunission made motions to both deny and approve the application, both of
which failed in a 4-4 tie vote; and
WHEREAS, the by-laws of the Planning Commission and Robert's Rules of Order specify that if an
affirmative vote hi favor of an application is not attained, the application is denied. Since the denial
occurred de facto,no findings were adopted, and the denial is without prejudice; and
WHEREAS; the City Council held a public hearing on the appeal of the denial on August 12, 2003 and
September 9,2003; and
WHEREAS, tine City Council adopted findings and conditions of approval that were prepared by the
applicant,Winwood Construction, on October 28,2003 by Resolution 03-58;and
WHEREAS, that Resolution contained an erroneous date reference and was corrected by adopting the
amended Resolution 03-61 on November 4, 2003; and
WHEREAS,the City Council's decision was appealed to the State Land Use Board of Appeals (LUBA) on
November 25, 2003 based on 25 alleged errors and sub errors in the decision;and
WHEREAS, LUBA concluded in their Final Opinion and Order (LUBA No. 2003-194) on August 20,
2004 that 21 of those assignments of error were denied, but remanded the decision back to the city on four
issues; and
WIIEREAS, the City Council reviewed the applicant's additional evidence and staff's analysis related to
those issues and received public testimony at their Februaiy 8, 2005`hearing, and Held the public hearing
open to allow additional written conrrnents and rebuttal for the February 22, 2005 hearing; and
WHEREAS,the additional written conuxnents and rebuttal were received and considered at the F ebruary 22,
2005 City Council hearing,and Council closed the public hearing; and
WHEREAS, the City Council concluded that the proposed development with the additional analysis and
RESOLUTION NO. 05 -
Page 1
conditions of approval presented in staff's report to Council, adequately addressed LUBA's issues and the
application 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 approves applications SUB2003-00010/PDR2003-
00004/ZON2003-00003/SLR2003-00005/VAR2003-00036/VAR2003-00037 — Ash
Creels Estates Subdivision—"REMAND", subject to the conditions of approval stated in
the staff's January 25, 2005 report to Council, attached hereto as Exhibit A and
incorporated herein by this reference.
SECTION 2: The Tigard City Council incorporates the previous resolutions (03-61 and 03-58) along
with the related findings, attached hereto as Exhibit B and Exhibit C respectively and
incorporated hereirn by this reference to the extent that the findings contained therein do
not cori{lict with Exhibit A
SECTION 3: This resolution is effective when notice of the decision is mailed.
PASSED: This _day of 2005.
f
Mayor City of Tigard
TTEST:
tr
V� �
City Recorder- City of Tigard
RESOLUTION NO. 05 -
Page 2
EXHIBIT
Agenda Item:
Hearin Date: February$ 2005 Time: 7:30 PM
STAFF REPORT TO THE
CITY COUNCIL CITY OFi1GARD
Corrarrtunity rl}evefvpment
FOR THE CITY OF TIGARD, OREGON srrapirtgA(Bettereonnnunity
90 DAY REMAND PERIOD = 3/13/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: REMAND of ASH CREEK ESTATES SUBDIVISION
LUBA FILE NO: 2003-194
CITY CASE NO'S: Subdivision (SUB) SUB2003-00010
Zone Change (ZON) ZON2003-00003
Planned Development Review (PDR) PDR2003-00004
Sensitive Lands Review (SLR) SLR2003-00005
Adjustment (VAR) VAR2003-00036
Adjustment (VAR) VAR2003-00037
APPLICANT: Dale Richards OWNER: Ernest E. and Elda H. Senn
Winwood Construction 9750 SW 74th Avenue
12655 SW North Dakota Street Tigard, OR 97223
Tigard, OR 97223
PROJECT Kurahashi and Associates
CONTACT: Attn: Greg Kurahashi
15580 SW Jay, Suite 200
Beaverton, OR 97006
REQUEST: The State Land Use Board of Appeals (LUBA) has remanded City Council's
approval of a 29-lot planned development on 9.3 acres and associated sensitive
lands and adjustment reviews for additional findings to support their decision. This
hearing is limited to the four specific assignments of error which are generally:
1) the City's acceptance of lower "K" values in relation to the proposed vertical sag
curve on SW 74th and demonstration that the City Engineer is authorized to
approve such deviations to adopted street standards,
2)the requirement that the applicant prepare and submit a tree plan that identifies
the size, species, and location of trees on the site, provides a removal plan,
protection plan, and mitigation program in accordance with TCDC18.790,
3) revised findings are required for the proposed curb tight sidewalks on SW 74th
to address the relevant criteria of TCDC 18.370.C.11., and
4) additional findings related to the landscape protection criteria of TCDC
18.745.030.E.
ZONING
DESIGNATION: R-4.5: Low-Density Residential District.
LOCATION: 9750 SW 74th Avenue; WCTM 1S125DC, Tax Lots 300 and 400.
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 1 OF 28
CITY COUNCIL HEARING 2/8/2005
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.790, and 18.810
SECTION Ill. STAFF RECOMMENDATION
Staff recommends that the City Council accept and adopt the additional findings presented in the
applicant's submittal, as further elaborated on within this report and find that the proposed Planned
Development and street adjustments will not adversely affect the health, safety and welfare of the City
and meets the Approval Criteria outlined in this report. Therefore, Staff recommends APPROVAL,
subject to the Conditions of Approval and Findings adopted previously as Resolution 03-61 and further
refined, and amended within this report:
CONDITIONS OF APPROVAL
(Note, conditions #1-51 are from the original decision and are included for reference only)
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE
IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES:
Submit to the Planning Department (Morgan Tracy, 639-4171, ext. 2428) for review and
approval:
1 Prior to site work, the applicant shall submit an arborist report with tree protection
recommendations, and shall provide the City Arborist with a construction sequence including
installation and removal of tree protection devices, clearing, grading, and paving.
2. Prior to site work, the applicant shall submit a complete set of construction documents with the
tree locations for the City Arborists review. The applicant will not cut any healthy trees within
the designated open space tract. Furthermore, the applicant shall not cut any healthy trees in
the tree preservation areas of Lots 1-18, which shall be defined as the area at least 15' from
the rear of the building footprints. However, if an arborist determines that trees in these areas
are dead, diseased, or pose a safety hazard, then the applicant shall remove affected trees
from those areas.
3. Prior to site work, the applicant shall notify the City Arborist at least 48 hours prior to
commencing construction when the tree protection measures are in place so that he may verify
that the measures will function properly.
4. Prior to site work, the applicant shall provide evidence of all necessary approvals for work
within the wetlands from US Army Corps of Engineers and the Division of State Lands.
5. Prior to site work, the drainage tract must be clearly identified in the field with permanent
(preferably with minimum 4-foot-tall black chainlink) fencing so as to insure no grading or
material is placed in this area. Any fencing that is damaged during construction must be
replaced prior to final building inspection. If the damage is such that it will no longer effectively
identify the tract, it shall be replaced/reinstalled immediately.
6. Prior to site work, a signed approval shall be included with the City's construction drawing
packet.
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 2 OF 28
CITY COUNCIL HEARING 2/8/2005
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
7. Prior to approval of construction plans, the applicant shall "pothole" the City of Tualatin's main
water transmission line to determine the exact location and condition of the pipe. The
applicant shall notify the City of Tigard and the City of Tualatin 48 hours prior to the pothole
inspections and when any construction activity will impact the pipe (such as placement of fill
and excavation in the immediate vicinity) so that a representative from both the Cities of
Tualatin and Tigard can be present.
8. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is
required for this project to cover all infrastructure 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 other drawings required by
the Building Division and should only include sheets relevant to public improvements. Public
Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement
Design Standards, which are available at City Hall and the City's web page
(www.ci.tigard.or,us).
9. 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 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.
10. 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 associates with the project.
11. The applicant shall submit construction plans to the Engineering Department as a part of the
Public Facility Improvement permit, which indicate that they will construct a half-street
improvement along the frontage of 74th Avenue. The improvements adjacent to this site shall
include:
A. City standard pavement section for a neighborhood route, without bike lanes, from curb
to centerline equal to 16 feet, with a minimum pavement width of 24 feet;
B. Pavement tapers needed to tie the new improvement back into the existing edge of
pavement shall be built beyond the site frontage;
C. Concrete curb, or curb and gutter as needed;
D. Storm drainage, including any off-site storm drainage necessary to convey surface
and/or subsurface runoff;
E. 5-foot concrete sidewalk with a planter strip (unless adjusted);
F. Street trees in the planter strip spaced per TDC requirements;
G. Street striping;
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 3 OF 28
CITY COUNCIL HEARING 2/8/2005
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);
L. Adjustments in vertical and /or horizontal alignment to construct SW 74Th Avenue in a
safe manner, as approved by the Engineering Department, including reductions to the
speed limit as necessary; and
M. Right-of-way dedication to provide 27 feet from centerline.
12. The applicant's Public Facility Improvement permit construction drawings shall indicate that full
width street improvements, including traffic control devices, mailbox clusters, concrete
sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm
drainage, street trees, streetlights, and underground utilities shall be installed within the interior
subdivision streets. Improvements shall be designed and constructed to local street
standards.
13. A profile of 74th Avenue shall be required, extending 300 feet either side of the subject site
showing the existing grade and proposed future grade.
14. The applicant's construction drawings shall show that the pavement and rock section for the
proposed private street(s) shall meet the City's public street standard for a local residential
street.
15. The applicant shall obtain approval from the Tualatin Valley Water District for the proposed
water connection prior to issuance of the City's Public Facility improvement permit.
16. Final design plans and calculations for the proposed public water quality/detention facility shall
be submitted to the Engineering Department (Kim McMillan) as a part of the Public Facility
Improvement plans. Included with the plans shall be a proposed landscape plan to be
approved by the City Engineer. The proposed facility shall be dedicated in a tract to the City of
Tigard on the final plat. As a part of the improvement plans submittal, the applicant shall
submit an Operations and Maintenance Manual for the proposed facility for approval by the
Maintenance Services Director. The facility shall be maintained by the developer for a three-
year period from the conditional acceptance of the public improvements. A written evaluation
of the operation and maintenance shall be submitted and approved prior to acceptance for
maintenance by the City. Once the three-year maintenance period is completed, the City will
inspect the facility and make note of any problems that have arisen and require them to be
resolved before the City will take over maintenance of the facility. In addition, the City will not
take over maintenance of the facility unless 80 percent of the landscaping is established and
healthy. If at any time during the maintenance period, the landscaping falls below the 80
percent level, the developer shall immediately reinstall all deficient planting at the next
appropriate planting opportunity.
17. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI)
permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control
Design and Planning Manual, December 2000 edition."
18. 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
ensure the surface drainage is directed to the street or a public storm drainage system
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 4 OF 28
CITY COUNCIL HEARING 2/8/2005
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.
19. The applicant shall incorporate the recommendations from the submitted geotechnical report
by GeoPacific Engineering, Inc., dated May 9, 2003, into the final grading plan. The applicant
shall have the geotechnical engineer ensure that all grading, including cuts and fills, are
constructed in accordance with the approved plan and Appendix Chapter 33 of the UBC. A
final construction supervision report shall be filed with the Engineering Department prior to
issuance of building permits.
20. The design engineer shall indicate, on the grading plan, which lots will have natural slopes
between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This
information will be necessary in determining if special grading inspections and/of permits will
be necessary when the lots develop.
21. The final construction plans shall be signed by the geotechnical engineer to ensure that they
have reviewed and approved the plans. The geotechnical engineer shall also sign the as-built
grading plan at the end of the project.
22. 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.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
Submit to the Planning Department (Morgan Tracy, 639-4171, ext 2428) for review and
approval:
23. Prior to approval of the final plat, the applicant shall revise the plat to accommodate a
minimum of 25 feet of frontage for all lots within the development.
24. Submit a revised street tree/landscape plan that shows an alternative tree species used for the
public street to vary the streetscape.
25. The applicant shall provide joint access within an easement or tract to Lots 28 and 29 and
cause a statement to be placed on the plat limiting additional direct vehicular access to SW
74th Avenue.
26. Provide a plat name reservation approval from Washington County.
27. Prior to final subdivision 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.
Submit to the Engineering Department (Kim McMillan), 639-4171, ext. 2642) for review and
approval:
28. Prior to approval of the final plat the applicant shall obtain a plumbing permit for the
construction of the private storm line in the private street.
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 5 OF 28
CITY COUNCIL HEARING 2/8/2005
29. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of
$900.00 (Staff Contact: Shirley Treat, Engineering).
30. Prior to approval of the final plat, the applicant shall cause a statement to be placed on the
final plat to indicate that the proposed private street(s) will be jointly owned and maintained by
the private property owners who abut and take access from it (them).
31. 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 CC&R's shall
additionally establish restrictions regarding the removal of trees greater than 12 inches in
diameter from any of the lots or tracts following completion of the subdivision improvements.
Trees may only be allowed to be removed subject to a certified arborist's finding that the trees
are dead, or in severe decline. The applicant shall submit a copy of the CC&R's to the
Engineering Department (Kim McMillan) and the Planning Department (Morgan Tracy) prior to
approval of the final plat.
32. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and
incorporated a homeowner's association.
33. Prior to approval of the final plat, the applicant shall either place the existing overhead utility
lines along SW 74th Avenue underground as a part of this project, or they shall pay the fee in-
lieu of under grounding. The fee shall be calculated by the frontage of the site that is parallel
to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the amount will
be $11,578.00 and it shall be paid prior to final plat approval.
34. Prior to approval of the final plat, the applicant shall provide a maintenance access road to the
facility and any drainage structures within the facility to accommodate City maintenance
vehicles. The access road shall be paved and have a structural section capable of
accommodating a 50,000-pound vehicle. The paved width shall be a minimum of 10 feet wide,
and there shall be two-foot rock shoulders provided on each side. If the maintenance roadway
is over 150 feet in length, a turnaround shall be provided.
35. 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.
36. 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 date or narrative.
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 6 OF 28
CITY COUNCIL HEARING 2/8/2005
B. Attach a check in the amount of the current final plat review fee (Contact
Planning/Engineering Permit Technicians, at (503) 639-4171, ext. 426).
C. The final plat and date 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 74th 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).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED '
PRIOR TO ISSUANCE OF BUILDING PERMITS:
Submit to the Planning Department (Morgan Tracy, 639-4171, ext. 2428) for review and
approval:
37. Prior to issuance of any building permits, re-plant any area where vegetation has been
removed as a result of grading in conformance with the Clean Water Services Standards as
set forth in the site assessment file #2819, prior to obtaining building permits.
38. Prior to issuance of any building permits, the applicant shall submit plans that show one (1) off-
street parking space, which meets minimum dimensional requirements and setback
requirements as specified in Title 18, provided on-site for each new home.
39. 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.
40. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign
compliance agreement.
41. Prior to the issuance of building permits the applicant shall submit a revised plan that indicates
the modified setbacks as set forth in this decision and record a copy of the approved setback
plan with the deeds for each lot.
42. 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 30-foot maximum height for primary units and 15
feet maximum for all accessory structures.
43. Prior to the issuance of building permits on any lot, the applicant must provide city staff with a
letter from Clean Water Services that indicates compliance with the approved service provider
letter (#2819).
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 7 OF 28
CITY COUNCIL HEARING 2/8/2005
44. Prior to issuance of building permits the applicant's engineer shall provide a post-construction
sight distance certification for the new intersection at 74th Avenue.
45. 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.
46. Prior to issuance of building permits, the City Engineer shall deem the public improvements
substantially complete. Substantial completion shall be when: 1) all utilities are installed and
inspected for compliance, including franchise utilities, 2) all local residential street have at least
one lift of asphalt, 3) any off-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).
47. Prior to issuance of building permits, the applicant shall provide the City with as-built drawings
of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG"
format, if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be
tied to the City's GPS network. The applicant's engineer shall provide the City with an
electronic file with points for each structure (manholes, catch basins, water valves, hydrants
and other water system features) in the development, and their respective X and Y State Plane
Coordinates, referenced to NAD 83 (91).
48. Prior to issuance of building permits, the applicant shall provide the Engineering Department
with a "photo mylar" copy of the recorded final plat.
49. The applicant shall provide signage at the entrance of each shared flag lot driveway or private
street that lists the addresses that are served by the given driveway or street.
THE FOLLOWING CONDITIONS SMALL BE SATISFIED '
PRIOR TO ISSUANCE OF FINAL BUILDING INSPECTION:
50. The applicant shall install street trees and an evergreen hedge of Leyland Cypress spaced no
greater than three feet on center along the northern property line of Lots 1-10 and the eastern
property line of Lots 10-12.
ADDITIONAL CONDITIONS OF APPROVAL
FOR ASH CREEK ESTATES:
51. The applicant and future owners of lots within the development shall ensure that the
requirements of Tigard Community Development Code (TCDC) 18.725, Environmental
Performance Standards, are complied with at all times.
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 8 OF 28
CITY COUNCIL HEARING 2/8/2005
ADDITIONAL CONDITIONS IMPOSED THROUGH REMAND FINDINGS AND ANALYSIS
52. Prior to commencing site work, the applicant shall submit construction drawings that show
advisory "15 mph" speed limit signs to be placed in advance of the crest and sag curves on
SW 74t in accordance with the City Engineer's Memorandum of January 25, 2005, which
requires that the sag be monitored after construction to determine if any other measures need
to be taken. The applicant shall be responsible for installation of additional measures within a
year after construction of the street is accepted by the City if monitoring indicates that
additional traffic control measures are needed.
53. Prior to commencing site work, the applicant shall submit a bond for the equivalent value of
mitigation required (3,446 number of caliper inches times $125 per caliper inch). If additional
trees are preserved through the subdivision improvements and construction of houses, and are
properly protected through these stages by the same measures afforded to other protected
trees on site, the amount of the bond may be correspondingly reduced. Any trees planted on
the site or off site in accordance with 18.790.060 (D) will be credited against the bond, for two
years following final plat approval. After such time, the applicant shall pay the remaining value
of the bond as a fee in lieu of planting.
54. Prior to issuance of building permits, the applicant/owner shall record a deed restriction for
each lot to the effect that any existing tree greater than 12" diameter may be removed only if
the tree dies or is hazardous according to a certified arborist. The deed restriction may be
removed or will be considered invalid if a tree preserved in accordance with this decision
should either die or be removed as a hazardous tree.
55. Prior to commencing any site work, the applicant shall submit construction drawings that
include the approved Tree Removal, Protection and Landscape Plan. The "Tree Protection
Steps" identified in Teragan & Associates Letter of November 19, 2004 shall be reiterated in
the construction documents. The plans shall also include a construction sequence including
installation and removal of tree protection devices, clearing, grading, and paving. Only those
trees identified on the approved Tree Removal plan are authorized for removal by this
decision.
56. Prior to commencing any site work, the applicant shall establish fencing as directed by the
project arborist to protect the trees to be retained. The applicant shall allow access by the City
Forester for the purpose of monitoring and inspection of the tree protection to verify that the
tree protection measures are performing adequately. Failure to follow the plan, or maintain
tree protection fencing in the designated locations shall be grounds for immediate suspension
of work on the site until remediation measures and/or civil citations can be processed.
57. Prior to final plat approval, the applicant shall ensure that the Project Arborist has submitted
written reports to the City Forester, once every two weeks, from initial tree protection zone
(TPZ) fencing installation, through site work, as he monitors the construction activities and
progress. These reports should include any changes that occurred to the TPZ as well as the
condition and location of the tree protection fencing. If the amount of TPZ was reduced then
the Project Arborist shall justify why the fencing was moved, and shall certify that the
construction activities to the trees did not adversely impact the overall, and long-term health
and stability of the tree(s). If the reports are not submitted or received by the City Forester at
the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 9 OF 28
CITY COUNCIL HEARING 2/8/2005
followed by the contractor, the City shall stop work on the project until an inspection can be
done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree
protection fencing, determine if the fencing was moved at any point during construction, and
determine if any part of the Tree Protection Plan has been violated.
58. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating
the location of the trees that were preserved on the lot, location of tree protection fencing, and
a signature of approval from the project arborist regarding the placement and construction
techniques to be employed in building the house. All proposed protection fencing shall be
installed and inspected prior to commencing construction, and shall remain in place through
the duration of home building. After approval from the City Forester, the tree protection
measures may be removed.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THE CITY
COUNCIL'S FINAL DECISION.
SECTION III. BACKGROUND INFORMATION
Application History
The property is currently developed with one single-family residence and a couple of small
outbuildings. On July 7th, 2003, the Tigard Planning Commission held a public hearing to consider an
application for a 29 lot subdivision and planned development on 9.36 acres. The property is located
at 9750 SW 74th Avenue. The proposal is to provide single-family detached housing on lots ranging
between 4,702 and 11,616 square feet.
The Planning Commission moved to deny the application, which failed in a 4-4 tie vote. The
Commission then moved to approve the application, which also failed in a 4-4 tie vote. Based on the
Commission's by-laws and Robert's Rules of Order, without a majority affirmative vote, the
application is denied. Since no motion was approved, no findings in support or against the
application were adopted.
The applicant, Dale Richards of Windwood Homes, filed an appeal of the application denial on July
15, 2003. His stated grounds for the appeal are "That applicant contends that the Planning
Commission should have adopted specific grounds for denial. The denial should have been based
on the proposed plan not meeting the Development Code. All specific requirements of the code were
met. The applicant, therefore, proposes that the project should be approved through the appeal
process."
On August 12, 2003, the City Council held a public hearing on the appeal to reconsider the
application, de novo. Based on the large numbers of those in attendance wishing to testify, there was
insufficient time to receive testimony from all interested parties. Therefore Council continued the
public hearing to the September 9th Council meeting to complete the public testimony.
At the September 9, 2003 hearing, the applicant offered rebuttal to the points raised by the
opponents. After the hearing closed, Council members indicated that they were persuaded the
requirements of the Development Code had been met and approved a motion for tentative decision
for approval of the application. Council directed the applicant to provide the written findings for this
decision for final Council consideration at its October 28, 2003 meeting. The applicant submitted
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 10 OF 28
CITY COUNCIL HEARING 2/8/2005
findings along with modified conditions of approval to support the decision. At the October meeting,
Council adopted resolution 03-58 approving the Ash Creek Estates Subdivision.
In that resolution, a reference was made to a letter dated September 26, 2003 from the applicant.
That date was erroneous. The letter which established the Conditions of Approval for the project is
dated October 10, 2003. The correct letter, and consequently the correct findings and conditions of
approval were incorporated in the adopted resolution. Only the reference to the date of the letter in
the resolution was in error. As a result, on November 4, 2003, the City Council adopted a resolution
(Resolution No. 03-61) correcting the reference.
Within the 21-day appeal period established for appeals to the State Land Use Board of Appeals,
John Frewing filed an appeal with LUBA. On August 20, 2004, the Land Use Board of Appeals
("LUBA"), issued a decision to remand the City's decision approving the application. LUBA's decision
specified four instances where it found the City's findings insufficient.
Vicinity Information:
The site is located in the northwest corner of the City limits, south of SW Taylor's Ferry Road, on the
east side of SW 74th Avenue. The property is surrounded on all sides by single-family residences on
lots that vary in size. There is a stream (Ash Creek) on the property that runs in an east west
direction along the southern property boundary. This drainageway contains wetlands and areas of
steep slopes.
Proposal Information:
The applicant is proposing to subdivide the parcel into 29 lots for single-family residences. Because
of the trees, wetlands, 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 the cul-de-sac standards limiting the
number of units on a cul-de-sac and the 200-foot maximum length permitted for a cul-de-sac.
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 29-lot subdivision on 9.3 acres. The lots are to be developed
with detached single-family homes. Single family residential development is outright permitted in the R-
4.5 zone. The existing single-family home is to be demolished. Lot sizes within the proposed
development are between 4,702 and 11,616 square feet and average 6,424 square feet. The applicant
is also proposing to set aside approximately 4.15 acres in an open space tract for the drainageway and
wetland area. A private street cul-de-sac is also proposed to extend from the public street stub into the
property. The site is located within the R-4.5, Low Density Residential District. Planned Developments
are permitted in all zoning districts. The applicant has applied for conceptual and detailed planned
development approval in conjunction with the subdivision.
SUMMARY OF 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 III-PC Application. The
Planning Commission decision is appealable to the City Council. The City Council decision is the final
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 11 OF 28
CITY COUNCIL HEARING 2/8/2005
decision at the local level. Appeals of City Council decisions are heard at the State level by the Land
Use Board of Appeals (LUBA). LUBA may either affirm, reject, modify, or remand the decision back to
the local decision making authority. In this case, LUBA remanded the decision for further consideration.
DECISION MAKING PROCEDURES: CHAPTER 18.390
Describes the decision-making procedures.
Type III procedures apply to quasi-judicial permits and actions that contain predominantly
discretionary approval criteria. Type III-PC actions are decided by the Planning Commission with
appeals to the City Council. Type III-HO actions are decided by the Hearings Officer with appeals to
City Council. In cases where both the Hearings Officer and Planning Commission are involved, the
Planning Commission has preferential jurisdiction, per Tigard Development Code (TDC) Section
18.390.080(D)(2)(a).
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
As this case has been remanded from LUBA' based on four assignments of error related to insufficient
evidence to support the City's conclusions, the applicable review criteria are those related to the specific
assignments of error. City Council has previously reviewed this proposed development, and provided
findings related to the other relevant portions of the review criteria. Those findings are memorialized by
Resolutions 03-58 and 03-61. This review is limited to the criteria and issues that were raised by LUBA.
The applicant provided a narrative and additional evidence to respond to the issues outlined in LUBA's
remand. The findings contained herein are intended to supplement the City's existing adopted findings
where consistent. In the case that the following findings conflict with the original findings, these findings
shall govern.
LUBA's opinion on the four assignments of error on which it remanded are reproduced in their entirety
in the following sections (distinguished by a different typeface), followed by the applicant's additional
findings and Staff's analysis, as applicable.
1. ASSIGNMENT OF ERROR 5(B)
LUBA found that there was inadequate evidence to support the City's position that it has the authority
to approve a street design that does not meet the standard design specifications, especially as it
relates to the vertical sag curve on SW 74th Avenue. The text of their discussion follows:
B. Vertical Sag Curve
SW 74th Avenue along the western border of the property is currently unimproved. To improve SW 74th
Avenue along the western border of the property a creek and wetlands near the southwestern corner of the
property must be crossed, which will create a vertical sag curve.2 With increased speed, the vertical sag curve
needs to be more level or gentle to allow traffic traveling at the road's design speed to travel across the vertical
sag curve safely. With decreased speed, the vertical sag curve can be steeper, or more severe, and still be safely
1 ORS 197.835(9)states"In addition to the review under subsections(1)to(8)of this section,the board shall reverse or remand the
land use decision under review if the board finds[that]the local government or special district made a decision not supported by
substantial evidence in the whole record."
According to respondent,a vertical sag curve is the opposite of the type of curve that must be negotiated to climb and crest a hili and
descend the other side of the hillcrest. In traversing a vertical sag curve,one descends to the bottom of the curve and then climbs up
the other side of the curve.
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 12 OF 28
CITY COUNCIL HEARING 2/8/2005
traveled. The issue presented in this subassignment of error is whether the city approved construction of
SW 74th with a vertical sag curve that is too steep. (emphasis added)
TCDC 18.810.020(B) provides that the City Engineer is to establish street construction standards.' The
parties apparently agree that the City Engineer has done so. Attached to the petition for review, as Appendix B,
are two figures that petitioner and the city apparently agree are street construction standards that have been
adopted by the City Engineer. The first figure shows a typical road pavement section, which indicates that the
design speed for local roads is 25 miles per hour. The second figure shows vertical sag curve "K" values for
roads with different design speeds. We do not fully understand that table, but the vertical sag curve "K" values
clearly increase with design speed. For example a road with a design speed of 25 miles per hour must have a K
value of at least 13.4. For a road with a design speed of 55 miles per hour, a K value of at least 65.1 is required.
It appears that the smaller the "K" value the steeper the vertical sag curve. Conversely, the larger the "K" value
the more gentle the curve.
Rather than place fill in the area of the creek to decrease the severity of the vertical sag curve to a "K"
value of at least 13.4, the county [sic] approved a steeper vertical sag curve with a "K" value of 5.4.4 To allow
the steeper vertical sag curve and maintain safety, the county [sic] reduced the speed limit that would otherwise
apply to this part of SW 74th Avenue to 15 miles per hour. The county [sic] explained its decision as follows:
"The applicant also requested that the speed limit be reduced to 15 miles per hour in the section
where the 74th Avenue crossing will occur. This speed limit was accepted by the City of Tigard
Engineer. The city of Tigard standards are met by a 15 mile per hour vertical curve design, to a
`K value' of greater than 5 (AASHTO)." Record 43.
It may well be that a road with speed limited to 15 miles per hour with a vertical sag curve with a "K"
value of greater than 5 is just as safe as roads with the design speeds shown on the table with vertical sag curves
with the "K" value that corresponds to the different design speeds. However, the city's street standards seem to
call for roads with a design speed of at least 25 miles per hour. Roads with a design speed of 25 miles per hour
may have vertical sag curves with a "K" value of no less than 13.4. While avoiding the fill that will be
necessary to achieve a vertical sag curve in this section of SW 74th Avenue might make sense from both
environmental impact and traffic engineering perspectives, and might result in no compromise in safety if the
posted speed limit is reduced to 15 miles per hour, the city's findings identify no authority for simply
deviating from the lowest "K" value that is specified in the city's standards, and reducing the speed on
the street to maintain safety.5 (Emphasis added). If the City Engineer has retained discretion under the TCDC
and any other related city regulations to simply deviate from the table and allow construction of a road with a
lower"K"value and impose a speed limit to preserve safety, no party identifies such authority.
The findings simply say the City Engineer has accepted the proposal. Neither the city's findings nor the
response brief identify any place in the record that explains the City Engineer's reasoning in support of the
lower"K" value or the city's engineer's authority to approve deviations from the adopted"K" values. Without
that explanation, we must sustain this subassignment of error.
ADDITIONAL FINDINGS AND ANALYSIS
SW 74th Avenue along the western border of the property is currently unimproved. The City required
the applicant to make improvements to S.W. 74 as part of its approval (Conditions 10, 11, 13, 33, 45).
'TCDC 18.810.020(B)provides:
"Standard specifications.The City Engineer shall establish[street and utility] standard specifications consistent with the application of
engineering principles."
4The findings explain that to achieve a"K"value of 13.4 a great deal of fill would be required in the wetland and that fill would have
to be placed on top of an existing water line. The city wished to avoid placing this amount of fill on the water line. Record 84.
5Taken to an extreme,if the speed limit were reduced to a crawl,we assume almost any"K"value could be accommodated.
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 13 OF 28
CITY COUNCIL HEARING 2/8/2005
The applicant has accepted these conditions. The applicant notes that due to the topography and the
existence of a stream, the improvements to S.W. 74 will result in a fairly steep sag curve and a
corresponding crest curve. There are standards that define how steep sag and crest curves can be at
various speeds. The steepness of the curves is expressed as a "K" value. For example, at a speed of
25 miles per hour (mph), the typical standards require a vertical sag "K" value of no less than 13.4. In
this case, the speed limit on S.W. 74th is 25 mph. To achieve a "K" value of 13.4, the applicant would
have to place a significant amount of fill in S.W. 74 to make the sag curve shallower and the crest
curve lower.
During the hearing process, the applicant provided evidence that significant fill would cause negative
impacts to the resources adjacent to S.W. 74th and might possibly damage an existing 36-inch
diameter water main serving the City of Tualatin that is in the street right of way. Also, in order to be
able to maintain this line, the amount of earth over the line must be minimized. By designing the
curves to meet the "K" values required for a 25 mile per hour design speed would result in fills greater
than 35 feet deep. This would impede normal and emergency maintenance and repairs as well as
make a large failure have catastrophic results (i.e. loss of the road and loss of water service to the
City of Tualatin).
Also the fills would result in greater impacts to the creek with either larger footings for retaining walls
or wider fill slope areas, which would remove a meander in the creek, more wetland area, and
additional large trees from the sensitive area.
The applicant's engineer considered using a bridge as opposed to fill. The applicant's engineer
concluded that a bridge would result in an unmaintainable water line that could not be repaired or
maintained under the bridge deck and the line would be much too expensive to construct and
maintain.
Relocating the waterline is not a viable option either since it would interrupt water service to the City
of Tualatin. This would also increase the difficulty of maintaining the line as it would be in the
waterway as well as have increased impacts to the sensitive resources.
As the applicant had previously presented, allowing for a lower speed limit is the only reasonable
solution to the waterline construction and maintenance issue. At 15 mph, Windwood could make the
required improvements using only 21.63 ft. of fill. While that means that any repair will still require
some excavation, it is 13.27 feet less than what is required if the sag curve is designed at 25 mph,
and as a result, much more viable to maintain.
Accordingly, the applicant proposed to lower the speed limit in the area of the sag curve to 15 mph. At
that speed the sag curve "K" factor is no less than 5. The applicant could improve S.W.74th to meet
that standard without significant fill. The City agreed with the applicant's proposal and, in the final
findings, stated as follows:
"The applicant also requested that the speed limit be reduced to 15 mph in the section where the S.W
74 Avenue crossing will occur. This speed limit was accepted by the City of Tigard Engineer. The City
of Tigard standards are met by a 15 mph vertical curve design to a "K" value of greater than 5
(AASHTO)."
The City Engineer has provided a memorandum expressly approving the modified design by granting
an exception to the standard. This exception is mitigated by the requirement for additional advisory
signage and street lighting, as further described in the memo.
Section B (City of Tigard Standard Specifications) reads "The City Engineer shall establish standard
specifications consistent with the application of engineering principles" The City's Public Improvement
standards are based on AASHTO standards and the standards of Washington County. The preface to
the City's design standards states: "The form has been kept brief and no attempt has been made to
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 14 OF 28
CITY COUNCIL HEARING 2/8/2005
cover all possible situations or to provide detailed explanations." In relation to sag curves and crest
curves, the Washington County standards, as set forth in tables, include speeds of less than 25 mph
and speeds as low as 15 mph. Because the City's published tables are not intended to be
comprehensive and because they are based on Washington County standards, the applicant asserts,
and the City agrees that the City Engineer has the authority to approve a design based on a 15 mph
speed consistent with Washington County standards. The Washington County table confirms that the
applicant's proposed design meets AASHTO standards since Washington County designs conform to
AASHTO.
In fact, the applicant's proposed design exceeds Washington County's standards. Washington
County's standard for both sag and crest curves require a "K" value of at least 5.0 at 15 mph. The
applicant's proposed design will result in a "K" value of 5.3.
In order to clarify the authority to "set" speed limits, the applicant's engineer contacted the State of
Oregon. The speed limit is set by the State as 25 miles per hour as the normal speed limit on all
residential streets. Where specific sections of streets cannot meet this standard, cities have
authorization to provide design exceptions that allow for sections of streets that they are in ownership
of to be constructed, reconstructed, or repaired that don't meet the speed limit standards. The State
administers design exceptions on its own highways as well. According to the State, design
exceptions at the state level are mitigated by using advisory signs as well as other safety measures.
Jurisdictions are, therefore, allowed to post special signs and take other measures to safely control
traffic.
The applicant proposes two options:
Option 1: Advisory Signage
A. Install "Bump" sign with 15 mph advisory sign below it.
B. Install "DIP" sign with 15 mph advisory sign below it.
(Place sign in advance of crest or sag to allow safe reaction and deceleration time.)
Option 2: Three Way Stop Intersection
A. Install a "3 -Way Stop" at the intersection of the new public road access to S.W. 74 Avenue.
B. Install "DIP" sign with 15 mph advisory sign below it.
(Place sign in advance of crest or sag to allow safe reaction and deceleration time.)
Although Option 2 would result in a stop sign on S.W. 74 which is a through street, this would
remove the need to sign the street for 15 miles per hour at the crest since the stop sign will
slow traffic to an approach speed of 15 mph at the critical location. Although this would not
meet warrants for a "need" by ASSHTO standards, this would be a very effective "legal"
mitigation for the crest not meeting speed design standards. These measures would qualify as
a mitigation for the sag and crest.
The City Engineer has determined that neither option presented is desirable. Option 1 seemingly
calls for the installation of a speed bump, which could exacerbate the present deficient "K" value, and
there is insufficient documentation in the record to indicate the effects of such a proposal. Option 2
proposes to install stop signs on a designated through route (SW 74th Avenue), without sufficient
warrants to require the stop signs. The City Engineer has determined that placement of 15 mph"
advisory signage in advance of the crest and sag in each direction are appropriate mitigation
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 15 OF 28
CITY COUNCIL HEARING 2/8/2005
measures and are sufficient to address the deficient "K" value. The City Engineer has determined
that the sag should be monitored to verify whether the signage is sufficient to slow traffic. If not
effective, the applicant will be required to install additional traffic control measures at the direction of
the City Engineer within a year following completion of the street construction. A condition to this
effect will be imposed:
Recommended Condition of Approval (#52):
Prior to commencing site work, the applicant shall submit construction drawings that show
advisory 15 mph" speed limit signs to be placed in advance of the crest and sag curves on
SW 74th in accordance with the City Engineer's Memorandum of January 25, 2005, which
requires that the sag be monitored after construction to determine if any other measures need
to be taken. The applicant shall be responsible for installation of additional measures within a
year after construction of the street is accepted by the City if monitoring indicates that
additional traffic control measures are needed.
2. ASSIGNMENT OF ERROR 5(1)
LUBA disagreed with the City's interpretation of the Development Code that would exempt properties
with timber deferral status from filing a tree plan consisting of an inventory, removal plan, protection
plan, and mitigation program. The text of their discussion follows:
I. Completeness and Adequacy of the Applicant's Tree Plan
One section of the TCDC is entitled "Tree Removal." TCDC 18.790. We recently discussed this
section of the TCDC at some length in Miller v. City of Tigard, 46 Or LUBA 536, 539-43 (2004). There are
several sections of TCDC 18.790 that are relevant under this assignment of error.
1. Tree Removal Permits
TCDC.790.050 identifies circumstances where a permit is required from the city to remove a tree and
identifies circumstances where a permit is not required to remove a tree.6 Under TCDC 18.790.050(A), a city
permit is required to remove any trees growing on sensitive lands. But under TCDC 18.790.050(A), no permit
would be required from the city to remove the trees from the part of the subject property that falls outside the
sensitive land area along the southern part of the property. TCDC 18.790.050(D)(4) appears to have been
intended as a further qualification of the TCDC 18.790.050(A) requirement for a permit to remove trees on
sensitive lands. But if TCDC 18.790.050(D) was intended to qualify TCDC 18.790.050(A), the final clause of
TCDC 18.790.050(D)(4) renders the exemption inapplicable in the only circumstance it could apply, i.e., where
land in Christmas tree or forest tax deferral is on sensitive lands. The TCDC 18.790.050(D)(4) exemption is
unnecessary for trees that are not located on sensitive lands, because TCDC 18.790.050(A) does not require a
permit to remove such trees in the first place.
In summary, as far as we can tell, the applicant could remove all of the trees from the portion of the
property that the applicant proposes to develop, without violating TCDC 18.790.050(A). That is because those
6A relevant,TCDC 790.050 provides:
"A. Removal permit required.Tree removal permits shall be required only for the removal of any tree which is located on or in a
sensitive land area as defined by Chapter 18.775.
«* * * * *
"D. Removal permit not required.A tree removal permit shall not be required for the removal of a tree which:
«* * * * *
"4. Is used for Christmas tree production,or[stands on] land registered with the Washington County Assessor's office as tax-
deferred tree farm or small woodlands,but does not stand on sensitive lands."
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 16 OF 28
CITY COUNCIL HEARING 2/8/2005
trees are not located on sensitive lands, and TCDC 18.79O.O5O(A) does not require a permit to remove trees
unless those trees are located on sensitive lands.
2. The Tree Plan Requirement
TCDC 18.790.030 requires that a tree plan be provided when property is developed. The precise nature
of the obligation to protect trees through a tree plan is somewhat ambiguous. TCDC18.79O.O3O(A) states
"[p]rotection is preferred over removal wherever possible." [See footnote 7]. But TCDC 18.79O.O1O(C)
expressly recognizes that trees may need to be removed to develop property,8 and TCDC 18.79O.O3O(B)(2)
anticipates that more than 75% of the trees on a site may be removed to accommodate development, subject to
mitigation requirements. [See footnote 7]. In addition to the somewhat ambiguous preference for preserving
trees, the city also relies on a series of incentives for tree preservation, which are set out in TCDC 18.790.040.
3. Petitioner's Arguments
Petitioner challenges the adequacy of the applicant's tree protection plan. The focus of petitioner's
challenge is on the part of the subject property that is to be developed, where most of the trees will be removed.
It is not clear to what degree petitioner's arguments challenge the adequacy part of the plan that applies to the
sensitive lands, where almost all of the trees are to be preserved. But petitioner's argument includes an
overriding complaint that the applicant's tree protection plan evolved significantly over the course of the local
proceedings and that it is difficult or impossible to determine with any degree of certainty precisely what the
tree protection plan is.
The city and intervenor do not really respond to petitioner's arguments that the tree protection
plan that the applicant submitted and the city ultimately approved is inadequate to comply with a
number of particular requirements of TCDC 18.390.030. (emphasis added) Instead they rely on city
council findings that no tree protection plan is required at all for the part of the property that lies outside the
sensitive lands part of the property and that the plan to protect nearly all the trees on the sensitive lands is
sufficient to comply with TCDC 18.390.030. We turn to those findings.
TCDC 18.790.030 provides:
"A. Tree plan required.A tree plan for the planting,removal and protection of trees prepared by a certified arborist shall be
provided for any lot,parcel or combination of lots or parcels for which a development application for a subdivision,partition, site
development review,planned development or conditional use is filed.Protection is preferred over removal wherever possible.
`B. Plan requirements. The tree plan shall include the following:
111. Identification of the location, size and species of all existing trees including trees designated as significant by the city;
"2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow
the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees
required by other development code provisions for landscaping, streets and parking lots:
"a. Retention of less than 25%of existing trees over 12 inches in caliper requires a mitigation program in accordance with
Section 18.790.060D of no net loss of trees;
"b. Retention of from 25%to 50%of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed
be mitigated in accordance with Section 18.790.0601);
"c. Retention of from 50%to 75%of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed
be mitigated in accordance with Section 18.790.0601);
"d. Retention of 75%or greater of existing trees over 12 inches in caliper requires no mitigation.
"3. Identification of all trees which are proposed to be removed;
"4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after
construction. * * *.
'TCDC 18.790.010(C)provides:
"Recognize need for exceptions. The City recognizes that, * * *at the time of development it may be necessary to remove certain
trees in order to accommodate structures, streets utilities,and other needed or required improvements within the development."
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 17 OF 28
CITY COUNCIL HEARING 2/8/2005
4. The City's Findings
Simply stated the city council found that a tree protection plan is not required for the part of the subject
property where the applicant proposes to develop houses, notwithstanding the express requirement in TCDC
18.390.030 that a tree plan must be provided "for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision * * * [or] planned development * * * is filed." The city council
reached this conclusion based in large part on the TCDC 18.390.050(D)(4) exemption for tree removal permits
discussed above. The city council recognized that if TCDC 18.390.050 is read by itself, the TCDC
18.390.050(D)(4) exception serves no purpose, for the reasons we have already explained. To give TCDC
18.390.050(D)(4) some effect, the city council concluded it should be read to exempt proposals to develop lands
that are not sensitive lands from the TCDC 18.390.030 requirements for a tree plan and for mitigation in certain
circumstances. The fatal problem with that interpretation is that TCDC 18.390.050(D)(4) does not say anything
about tree plans or mitigation; it is an unnecessary exception to the TCDC 18.390.050(A) requirement for a tree
permit. We review a local governing body's interpretation of its land use regulations under the standard set out
at ORS 197.829(1) and the Court of Appeals' decision in Church v. Grant County.9 Even if interpreting TCDC
18.390.050(D)(4) in the way the city did here might have survived the more deferential standard of review that
was required before Church, it cannot be affirmed under Church. Contrary to the city's argument, the city's
interpretation does not merely clarify "the scope of the exemption" provided by TCDC 18.390.050(D)(4), it
applies it to a tree plan requirement that it clearly does not apply to. The city council's interpretation is
inconsistent with the express language of TCDC 18.390.050(D)(4).
The city council's policy reason for the interpretation it applied here presents only a slightly closer
question. The city council concluded that no permit is necessary from the city to harvest trees outside sensitive
lands. If the city is right about that, the applicant in this case could remove all of the trees in the area proposed
for development and then submit the application, thereby avoiding any requirement to produce a tree plan for
that area of the property. If that is true, there may be a loophole in the city's tree removal ordinance that in
some circumstances may effectively eviscerate the TCDC 18.390.030 requirement for a tree plan and
mitigation. Even if the applicant could take advantage of that loophole, as far as we know it has not done so,
and the trees remain on the area of the property to be developed.
It is also important to note that the possibility that the applicant in this case could utilize the loophole to
remove the trees before submitting an application does not render the requirement for a tree plan nonsensical. If
the portions of a proposed development site that are not sensitive lands are not completely logged before
development even though they could be logged, as will frequently be the case for a variety of reasons, there is
nothing nonsensical about requiring a tree plan to protect those trees on lands to be developed, during and after
the construction phase, and requiring mitigation for the trees that will be removed.
It may be that the tree plan that the applicant has proposed comes far closer to a tree plan for the entire
property that complies with TCDC 18.390.030 than petitioner argues. However, without some assistance from
the city and intervenor, we cannot conclude that the approved tree plan is consistent with TCDC 18.390.030.
We reject the city's attempt to interpret TCDC 18.390.030 with TCDC 18.390.050(D)(4) to conclude that
no tree plan is required for the part of the site that does not qualify as sensitive lands. (Emphasis added)
This subassignment of error is sustained.
ADDITIONAL FINDINGS AND ANALYSIS
90RS 197.829(1)provides:
"[LUBA] shall affirm a local government's interpretation of its comprehensive plan and land use regulations,unless the board
determines that the local government's interpretation:
"(a) Is inconsistent with the express language of the comprehensive plan or land use regulation;
"(b) Is inconsistent with the purpose for the comprehensive plan or land use regulation;
"(c) Is inconsistent with the underlying policy that provides the basis for the comprehensive plan or land use regulation;or
"(d) Is contrary to a state statute,land use goal or rule that the comprehensive plan provision or land use regulation implements."
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 18 OF 28
CITY COUNCIL HEARING 2/8/2005
In its decision, City Council interpreted its code to require a tree plan only in situations where the
applicant was required to obtain a tree cutting permit to remove trees. The City reasoned that
because the applicant in this case was not required to obtain a tree cutting permit for the majority of
its site as it was in timber deferral, a tree plan for the entire site was not required. A tree plan was
submitted for the balance of the site where sensitive lands were present.
LUBA rejected the City's interpretation. Accordingly, the applicant has submitted a tree plan
encompassing the entire site and which includes all of the information required in TCDC 18.790.030.
The City Forester has reviewed the plan and has agreed that it is acceptable, as noted in his
Memorandum of January 24, 2005. The proposed attached tree plan and arborist's report
establishes the trees to be saved and those to be cut. As reflected in that plan, there are 893 total
trees on site that are larger than 12" diameter. Of those, 115 are deemed hazardous and are not
subject to the mitigation requirement. From the remaining 778 net viable trees, 321 are proposed for
removal. This constitutes a 59% retention. Since the total number of trees that will be retained is
greater than 50%; one-half of the caliper inches being removed is required to be mitigated. A total of
6892 caliper inches are to be removed, so 3,446 caliper inches will be required to be replanted. This
may be accomplished by either planting trees on-site, off-site or payment of a fee in lieu. To assure
that mitigation is accomplished and that subsequent tree removals are undertaken in accordance with
the requirements of this chapter, staff recommends that the following conditions be imposed:
Recommended Conditions of Approval (#53 and #54):
Prior to commencing site work, the applicant shall submit a bond for the equivalent value of
mitigation required (3,446 number of caliper inches times $125 per caliper inch). If additional
trees are preserved through the subdivision improvements and construction of houses, and are
properly protected through these stages by the same measures afforded to other protected
trees on site, the amount of the bond may be correspondingly reduced. Any trees planted on
the site or off site in accordance with 18.790.060 (D) will be credited against the bond, for two
years following final plat approval. After such time, the applicant shall pay the remaining value
of the bond as a fee in lieu of planting.
Prior to issuance of building permits, the applicant/owner shall record a deed restriction to the
effect that any existing tree greater than 12" diameter may be removed only if the tree dies or
is hazardous according to a certified arborist. The deed restriction may be removed or will be
considered invalid if a tree preserved in accordance with this decision should either die or be
removed as a hazardous tree.
3. ASSIGNMENT OF ERROR 5(J)
LUBA found that the City erred in its decision to grant adjustments to the street improvement
standards (number of units on a cul de sac, length of a cul de sac, and curb tight sidewalks on SW
74th) by not providing sufficient findings to respond to the adjustment criteria. The text of their
discussion follows:
J. Special Adjustments
The challenged decision grants an adjustment to street improvement sidewalk construction standards to
allow a curb-tight sidewalk where SW 74th Avenue crosses the drainageway. The challenged decision also
grants two adjustments to allow construction of the proposed cul-de-sac. Those adjustments allow the cul-de-
sac to exceed 200 feet in length and to serve 23 houses.10
10Under the TCDC,cul-de-sac streets may provide access to no more than 20 houses. The adjustment allows the cul-de-sac to serve
23 houses. Apparently the first 200 feet of the cul-de-sac will provide access to lots 1 and 2 and lots 20-23. The adjustment to the
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 19 OF 28
CITY COUNCIL HEARING 2/8/2005
The city council's decision does not apply the special adjustment criteria set out at TCDC
18.370.020(C)(I 1), even though the adjustments all appear to be directed at street improvement requirements.11
Instead, the city council applied the special adjustment criteria at TCDC 18.370.020(C)(I).12 No parry
questions that choice by the city, and we therefore do not question it either. The city's findings addressing the
TCDC 18.370.020(C)(1)(a)requirement that there be special circumstances are set out below:
"* * * The applicant is requesting an adjustment to the 5-foot planter strip along 74th Avenue to
reduce 1,100 additional square feet of impact to the drainageway and wetland area. The
applicant proposes this curb tight sidewalk for the special circumstance where the development
is required to cross the stream. Outside the resource area, the sidewalk will meet the required
public street standards.
"Due to the presence of the sensitive lands, the development width of the property makes a
looped street unfeasible. Also, because of existing development patterns adjacent to the site, the
cul-de-sac could not be extended to the site's east property line. The applicant was able to
extend a new public street to the north property line for future connectivity. The length of the
cul-de-sac is the primary reason to exceed the 20 home maximum standard on this private street.
Because of the special circumstances affecting this property, this criterion has been satisfied."
Record 30a.
The city council's findings explaining why the adjustments are necessary for proper design and
functioning of the subdivision under TCDC 18.370.020(C)(1)(b) are as follows:
200-foot length limitation is necessary to provide access to lots 3 through 19. Otherwise a loop road would be required and it would
appear that such a loop road would almost certainly have to encroach on the wetland and drainage area that is protected under the
proposed plan.
1'TCDC 18.370.020(C)(I1)provides:
"Adjustments for street improvement requirements(Chapter 18.810). By means of a Type II procedure,as governed by Section
18.390.040,the Director shall approve,approve with conditions,or deny a request for an adjustment to the street improvement
requirements,based on findings that the following criterion is satisfied: Strict application of the standards will result in an
unacceptably adverse impact on existing development,on the proposed development,or on natural features such as wetlands,steep
slopes or existing mature trees.In approving an adjustment to the standards,the Director shall determine that the potential adverse
impacts exceed the public benefits of strict application of the standards."
12 TCDC 18.370.020(C)(1)provides:
"Adjustments to development standards within subdivisions(Chapter 18.430). The Director shall consider the application for
adjustment at the same time he/she considers the preliminary plat. An adjustment may be approved,approved with conditions,or
denied provided the Director finds:
"a. There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared
to other lands similarly situated;
"b. The adjustment is necessary for the proper design or function of the subdivision;
"c. The granting of the adjustment will not be detrimental to the public health,safety,and welfare or injurious to the rights of
other owners of property; and
"d. The adjustment is necessary for the preservation and enjoyment of a substantial property right because of an extraordinary
hardship which would result from strict compliance with the regulations of this title."
The adjustment criteria at TCDC 18.370.020(C)(1) in some respects resemble traditional variance criteria,which are exceedingly
difficult to satisfy. Lovell v.Independence Planning Comm.,37 Or App 3,586 P2d 99(1978); Wentland v. City of Portland,22 Or
LUBA 15,24-26 (1991);Patzkowski v. Klamath County,8 Or LUBA 64, 70(1983). However as the Court of Appeals made clear in
deBardelaben v. Tillamook County, 142 Or App 319,325-26,922 P2d 683 (1996),LUBA is to extend appropriate deference to the
city's interpretations of its own adjustment criteria. Under Church v. Grant County,the city is not entitled to the highly deferential
standard of review that was required at the time deBardelaben was decided,but it still is entitled to appropriate deference under ORS
197.829(l)and Church.
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 20 OF 28
CITY COUNCIL HEARING 2/8/2005
"The adjustment request for the curb tight sidewalk is necessary to reduce impacts to the
drainageway and wetlands. The adjustment for the cul-de-sac length is necessary to provide
access to Lots 3-19 and to allow a turn around for emergency equipment and garbage trucks.
The adjustment to allow more than 20 units to access the cul-de-sac is a result of both the length
of the resulting cul-de-sac, and the desire to eliminate the need for a second redundant access
serving three lots. Providing this second access would have reduced the amount of area available
for buildings, with the result of eliminating the lots being served by it. Therefore, this criterion is
satisfied." Record 30a-31.
The city council's finding regarding the TCDC 18.370.020(C)(1)(c) public health safety and welfare
criterion is as follows:
"The Fire District has reviewed the proposed street design and has provided no objections to
these adjustments. There is no evidence that these adjustments will be detrimental to the health
safety or welfare to other property owners surrounding the site." Record 31.
Finally, the city council's finding regarding the TCDC 18.37O.O2O(C)(1)(d) extraordinary hardship
standard is as follows:
"Due to existing development patterns, the natural resources, and the shape of the site, the
adjustment is necessary for the applicant to make use of substantial property rights. The
applicant is proposing to build within the density prescribed for this site. The criteria for
granting these adjustments to the street design, cul-de-sac length, and sidewalk standards have
been satisfied." Id.
Petitioner assigns error to the city's findings concerning the TCDC 18.37O.O2O(C)(1)(c) public health
safety and welfare criterion and the TCDC 18.37O.O2O(C)(1)(d) extraordinary hardship standard. We have set
out the other city findings, on the first two criteria,because they have some bearing on the last two criteria.
Petitioner first contends that, contrary to the city's finding that there is no evidence that these
adjustments will be "detrimental to the health safety or welfare to other property owners surrounding the site,"
there is a great deal of evidence to that effect. The city appears to be correct that some of the evidence cited by
petitioner relates more to the development itself rather than the three adjustments that are at issue under this
subassignment of error. However, some of the evidence cited by petitioner clearly does address this
criterion, and the city's finding that there is no such evidence is in error. (Emphasis added) This part of
subassignment of error 5(J) is sustained.
Petitioner also argues the city's finding that the adjustments are needed to preserve a substantial
property right due to extraordinary hardship that would result from strict compliance with the adjusted standards
are inadequate and are not supported by the evidentiary record.
Reading the city's findings concerning TCDC 18.37O.O2O(C)(1)(a) and (d) together, we reject
petitioners challenge to the findings regarding the cul-de-sac adjustments under TCDC 18.370.020(C)(1)(d). It
is reasonably clear from those findings that if the applicant were forced to provide access to the proposed lots
without the adjustments, much more of the property would have to be developed with roads, at a significant
additional expense and with the potential loss of lots that would otherwise be approvable. It is reasonably clear
that the city considers those impacts to constitute a hardship. We cannot say the city misinterpreted TCDC
18.37O.O2O(C)(1)(d) or that its findings are inadequate to demonstrate that the cul-de-sac adjustments comply
with that criterion.
The city's findings concerning TCDC 18.370.020(C)(1)(d) and the curb tight sidewalk are a different
story. Although it appears that granting the adjustment would serve the desirable purpose of minimizing fill in
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 21 OF 28
CITY COUNCIL HEARING 2/8/2005
the wetland and drainage area, the city does not explain why it would be a hardship on the applicant to construct
a conforming sidewalk.13
To summarize, the city's findings concerning TCDC 18.370.020(C)(1)(c) are inadequate for all three
adjustments. The city's findings concerning TCDC 18.370.020(C)(1)(a) and (d) are sufficient to demonstrate
that the cul-de-sac adjustments comply with TCDC 18.370.020(C)(1)(d). The city's findings concerning TCDC
18.370.020(C)(1)(d) are inadequate to demonstrate that the curb tight sidewalk adjustment satisfied that
criterion.
ADDITIONAL FINDINGS AND ANALYSIS
The City Council addressed the applicant's requested adjustment request under TCDC
18.370.020(C)(1), which is a general adjustment standard and not under TCDC 18.370.020(C)(11),
which is specific to street improvements. The applicant has acknowledged that in its application
material it too addressed the requested adjustments under the general standard as opposed to the
specific standard. In its decision, LUBA concluded that the City's findings related to the health safety
and welfare impacts of the three adjustments were insufficient. LUBA also concluded that the
extraordinary hardship criterion to allow the curb tight sidewalk had not been sufficiently addressed.
Staff asserts that the adjustment for the curb tight sidewalk was not necessary based on the strict
criteria in Chapter 18.810, and provides findings for such a conclusion below. Nevertheless, the
applicant has provided additional findings related to both the general adjustment standard as well as
the specific street adjustment criteria. Staff agrees that the specific criteria related to street
improvements are more appropriate to this decision than the more general criteria. Staff therefore
believes that the specific criteria of TCDC 18.810.070(C), and 18.370.020(C)(11) apply rather than
the general criteria of TCDC 18.370.020(C)(1). In the event that the Council or a reviewing entity take
the position that the general criteria apply, findings relating to those criteria are also provided.
Planter Strip Requirement 18.810.070 (C)
A planter strip separation of at least five feet between the curb and the sidewalk shall be required in
the design of streets, except where the following conditions exist: there is inadequate right-of-way; the
curbside sidewalks already exist on predominant portions of the street; it would conflict with the
utilities, there are significant natural features (large trees, water features, etc) that would be destroyed
if the sidewalk were located as required, or where there are existing structures in close proximity to
the street (15 feet or less)Additional consideration for exempting the planter strip requirement may be
given on a case by case basis if a property abuts more than one street frontage.
There is adequate right of way to accommodate the required planter strip, and sidewalks do not yet
exist on predominant portions of the street. There are some potential conflicts with utilities, but not on
the side where the planter strip is required. There are also no existing structures that would be in
such close proximity to the new sidewalk. However, additional large trees and water features would
be destroyed if the sidewalk were required to be moved five feet further east into the sensitive lands
resource. Staff interprets the term "destroyed" to mean that additional trees would be removed, and
additional area within the sensitive resource area would be disturbed by grading activity, vegetation
removal and possible stream bank rechanneling. Although it is acknowledged that in some instances,
these areas can be restored by the planting of new trees, or through revegetation and redirection of
13 We note that there is no extraordinary hardship criterion like TCDC 18.370.020(C)(1)(d)in the special adjustment criteria for street
improvement standards at TCDC 18.370.020(C)(11). See n 48. However,as previously noted,the city applied the special adjustment
criteria at TCDC 18.370.020(C)(1)rather than the TCDC 18.370.020(C)(11)criteria.
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 22 OF 28
CITY COUNCIL HEARING 2/8/2005
the stream channel, it is the general preference and the expressed intent of this exemption to avoid
the impact in the first place.
Specific Adjustment Criteria 18.370.020(C)(11)
"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."
Findings for Length of Cul de Sac (TCDC 18.810.030(L))
Strict application of the 200 foot limitation on cul de sac length would result in an unacceptable
adverse impact on the proposed development and natural features for the following reasons.
Preexisting development surrounds a majority of the site to the north and east. Ash Creek cuts
across the property from the southeast to the northwest. The only undeveloped area borders the 968
foot deep site for the first 490 feet. The last 478 feet could either be served by a long cul de sac, or a
loop street. A loop street could not return to SW 74th without a high degree of encroachment into the
stream and wetland resource. This near doubling of pavement would serve no additional units, and
would likely result in the loss of the two lots on the south side of the stream. The other possible
option would be to propose a street that would extend through the developed properties and
ultimately connect with an adjacent public street. This would have adverse impacts upon existing
development however. As described previously, there are no impacts to the public health safety or
welfare from granting such an adjustment, so it follows that the impacts raised here exceed any
benefit to the public from a strict adherence to this standard.
Findings for Number of Units served By a Cul de Sac
Strict application of the 20 unit maximum limitation on a cul de sac would result in an unacceptable
adverse impact on the proposed development and natural features for the following reasons. Similar
to the findings for the length of the cul de sac, it follows that with a cul de sac of this length, the
number of units served by it will exceed the maximum allowed. In this case, there are three additional
units on the private cul de sac. By strictly complying with this standard, the applicant would either
have to lose three lots, an adverse impact on the proposed development, or reconfigure the through
public street to accommodate the three additional units. Staff examined the future streets plan to
asses what impact would result if the public street in Ash Creek Estates were extended to encompass
the three additional lots presently on the cul de sac. Staff found that if the street were extended to
encompass the three additional units, the extension of the public street north would either not align
with SW Shady Place (thus requiring an adjustment to street spacing) or would not meet geometric
curve requirements to make the alignment (thus requiring an adjustment to street improvement
standards), or would need to terminate in a second cul de sac (thus requiring further adjustments to
cul de sac length and number of units served). As noted previously, staff found that safety will not be
impacted by the three additional units as the cul de sac street and intersection is in all other manners
conforming with design requirements and capable of handling the additional vehicle trips. Also,
TVF&R has determined that length does not affect safety with respect to the number of lots to be
served by a cul-de-sac. The public welfare is moreover unaffected by the three additional houses on
this cul de sac since the standard is intended to limit the use of lengthy culs-de sac and promote
connectivity and transportation options. In this case, there are no available points to connect to, apart
from what is already proposed by the future street plan. The existing development pattern and
presence of resources prevent the development from complying with the block length standards.
Accordingly, there are only two options to access the eastern lots in the proposed subdivision: one is
a cul-de-sac and one is a looped street within the subdivision. A looped street would have to be
constructed in environmentally sensitive land and would require significant excavation and/or fill.
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 23 OF 28
CITY COUNCIL HEARING 2/8/2005
With the proposed cul de sac, preservation of the stream bed and stormwater conveyance system will
be achieved. This will serve to benefit the general welfare of the public at large. Therefore, staff finds
that the potential adverse impacts exceed the public benefits of strict application of the standards.
Findings for Curb Tight Sidewalk TCDC 18 810 030(L)
Strict application of the 5 foot wide planter strip requirement would result in an unacceptable adverse
impact on the proposed development and natural features for the following reasons. If a 5-foot
planter strip was required, then an approximate 1,100 additional square feet of impact to the
drainageway and wetland areas would occur. While this would not have an adverse impact on
existing development, it would have some impact to the proposed development in terms of additional
landform disturbance and cost. This would also certainly have an additional adverse impact to
existing natural features including the stream, wetlands, and likely additional trees. The public benefit
of a planter strip is the additional aesthetic amenity of breaking the hardscape mass. The presence
of the large open stream channel behind the road and sidewalk will serve a similar purpose.
Therefore, staff finds that the potential adverse impacts exceed the public benefits of strict application
of the standards.
General Adjustment Criteria 18.370.020(C)(1)
"c. The granting of the adiustment will not be detrimental to the public health, safety, and welfare or
incurious to the rights of other owners of property"
Findings for Length of Cul de Sac (TCDC 18.810.030(L))
Granting the requested adjustment will not be detrimental to the public health, safety and welfare of
the public. Nor will it be injurious to the rights of other property owners.
The length of a cul-de-sac is a planning issue related to an attempt to geometrically control block
sizes from becoming too long. This standard allows continuity of blocks without having long dead-end
streets affecting block sizes. The applicant's engineer has evaluated this issue as part of a team
whose responsibility it is to evaluate the methods set by Metro to control block geometry to increase
connectivity. By limiting the length of cul de sacs, developers are encouraged to provide more
through streets, thereby enhancing connectivity. This enhanced welfare is balanced by increased
through traffic which may disturb residents. From a safety standpoint, culs-de-sac are vulnerable
from the standpoint of only having one available ingress/egress. In certain situations, this access
could become blocked preventing residents access to or from their homes. This is also balanced
from a public safety perspective by the fact that culs-de-sac are more defensible spaces from
burglary, and are generally less prone to break-ins and vandalism. The length of a cul de sac has no
bearing on public health. Additionally, neither the Tigard Police nor TVF&R raised any safety
concerns over the length of the proposed cul-de-sac. Extending the length of the cul-de-sac reduces
the number of intersections and the safety risks associated with intersections.
Opponents testified generally that the adjustments allowing a longer cul-de-sac that would serve
more than 20 residences would increase the amount of traffic and nearby streets and then concluded
with no further evidence that an increase in traffic will automatically result in decreased safety. The
City finds that the amount of traffic is a function of the number of proposed units, not the arrangement
of streets. It may be the case that more traffic will use the single point of access, than if there were
two entries into the street, but the net difference from a conforming cul de sac is approximately 30
trips per day (see the following findings related to 3 extra units on the cul de sac). This limited
number of additional vehicles that will result from the adjustments as opposed to the development
itself will not automatically result in decreased safety as the streets within and adjacent to the
proposed subdivision are capable of handling the full amount of traffic from this development.
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 24 OF 28
CITY COUNCIL HEARING 2/8/2005
Moreover, when the property to the north is developed, a new street will connect to the proposed
subdivision and serve to offset the traffic impact at SW 74th and the Ash Creek Estates public street
intersection.
Findings for Number of Units served By a Cul de Sac
In examining the detrimental impacts to the public health, safety, and welfare, it is important to
consider that a conforming cul de sac is limited to 20 units. The subject application represents an
increase of 3 units. Many of the findings presented previously with regard to the length of the cul de
sac are still relevant to these findings. However this request will result in a net increase of
approximately 30 vehicle trips per day moving through the intersection of the public street and private
cul de sac. There has been no evidence to suggest that the public health will be impacted by this
additional traffic, as the total number of units is still within the permitted range of density on the site.
In evaluating injury to the rights of other owners of property, the only adjacent property that may be
affected by the proposed addition of 3 lots on the cul de sac is tax lot 200 (immediately north of the
subject site). Staff examined the future streets plan to asses what impact would result if the public
street in Ash Creek Estates were extended to encompass the three additional lots presently on the
cul de sac. Staff found that if the street were extended to encompass the three additional units, the
extension of the public street north would either not align with SW Shady Place (thus requiring an
adjustment to street spacing) or would not meet geometric curve requirements to make the alignment
(thus requiring an adjustment to street improvement standards), or would need to terminate in a
second cul de sac (thus requiring adjustments to cul de sac length and number of units served). With
the requested adjustment, the property rights of the adjacent owner are preserved. Staff found that
safety will not be impacted by the three additional units as the cul de sac street and intersection is in
all other manners conforming with design requirements and capable of handling the additional vehicle
trips. Also, TVF&R has determined that length does not affect safety with respect to the number of
lots to be served by a cul-de-sac. TVF&R makes the determination of whether the number of lots
poses a safety concern. According to Eric McMullin, TVF&R requires two (2) accesses for safety
when more than 25 residential houses are on a street. Here, that standard is met because only 23
houses will be served. The public welfare is moreover unaffected by the three additional houses on
this cul de sac since the standard is intended to limit the use of lengthy culs-de sac and promote
connectivity and transportation options. In this case, there are no available points to connect to, apart
from what is already proposed by the future street plan. The existing development pattern and
presence of resources prevent the development from complying with the block length standards.
However, where the block length standards incorporated an exemption for these types of constraints,
the cul de sac standards did not. Moreover, due to these prior development patterns, there is no way
to connect the private street serving the lots to adjacent streets. Accordingly, there are only two
options to access the lots in the proposed subdivision: one is a cul-de-sac and one is a looped street
within the subdivision. A looped street would have to be constructed in environmentally sensitive land
and would require significant excavation and/or fill. With the proposed cul de sac, preservation of the
stream bed and stormwater conveyance system will be achieved. This will serve to benefit the
general welfare of the public at large. Therefore, staff finds no basis to determine any detriment will
occur to the public health, safety, or welfare nor does staff find that there is any injury to neighbors as
a result of allowing the three additional units on this cul de sac. No additional conditions are
warranted in this case.
Findings for Curb Tight Sidewalk TCDC 18 810 030(L)
Curb tight sidewalks in the area proposed will not be detrimental to the public health, safety and
welfare or injurious to the rights of other property owners. (The curb tight sidewalk can be considered
safe because the area behind the sidewalk has a flat spot which allows pedestrians to keep to the
outside while walking.) Curb tight sidewalks are used often and are an alternate location in many
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 25 OF 28
CITY COUNCIL HEARING 2/8/2005
similar public streets throughout the city. This is not a safety concern. Instead, this detail is used
where only a few curb cuts are proposed. Planting strips provide for street furniture and places to put
mailboxes, power poles, streetlights, telephone pedestals, and power pedestals. This area does not
have many of these features. In addition, as discussed above, the traffic in the area of the proposed
adjustment will be traveling relatively slowly due to the topography of the road. With a normal sized
sidewalk, there will not be pedestrian/vehicle conflicts. The curb-tight sidewalks result in less impact
to the stream, and a healthy environment contributes to public health.
"c. 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.
Findings for Curb Tight Sidewalk TCDC 18 810 030(L)
Without granting the adjustment, the applicant would be required to amend the Division of State
Lands and Army Corps joint wetland permit. One aspect these agencies seek in wetland
fill/encroachment permits is minimization of disturbance to the resource. It is conjecture to speculate
that the applicant would not be able to obtain such an amendment to their permit; however, it is
important to consider the possibility. Without the DSL/Army Corps approval, the project would not be
allowed to proceed, depriving the applicant of the ability to develop the property at the allowed
density. The other hardship that would be encountered is the additional cost associated with either
additional fill, or larger retaining walls. Since the value of the exaction for the roadway stream
crossing is already disproportionate, additional costs placed on this crossing result in an exceeding
hardship on the applicant. The applicant would therefore be denied the rights to develop his property
within the normal limits of takings law.
As the findings for granting the adjustments have been met, no additional conditions of approval are
warranted.
4. ASSIGNMENT OF ERROR 5(K)
Lastly, LUBA found that since there had been no tree plan filed to establish the methods and extent of
tree protection requirements, it was premature to determine whether sufficient protection had been
afforded to plant materials. The text of their discussion follows:
K. Landscaping
One of the specific planned development criteria is TCDC 18.350.100(B)(3)(g)(1).14 Petitioner
contends that the city erred in counting the 44 percent of the site that will be included in the open space and
drainage tract on the site, which will be left in its current undeveloped state, in applying the TCDC
18.350.100(B)(3)(g)(1) landscaping requirement. Petitioner contends that TCDC 18.350.100(B)(3)(g)(1)
requires more proactive landscaping efforts on the part of the applicant.
The city's interpretation of TCDC 18.350.100(B)(3)(g)(1) to allow the open space area that is to be left
in its natural state to be counted toward the TCDC 18.350.100(B)(3)(g)(1) 20% landscaping requirement is
implicit. Record 29. The city contends that it is a sustainable interpretation under ORS 197.829(1) and Church.
We agree with the city.
14 TCDC 18.350.100(13)(3)(g)(I)imposes the following requirement:
Residential Development:In addition to the requirements of subparagraphs(4)and(5)of section a of this subsection,a minimum of
20 percent of the site shall be landscaped[.]"
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 26 OF 28
CITY COUNCIL HEARING 2/8/2005
Petitioner also cites TCDC 18.745.030(E) and TCDC 18.350.100(B)(3)(a)(5) and argues that the
applicant's landscape plan fails to protect existing vegetation "as much as possible" or replace trees.15 The city
does not respond to petitioner's contention concerning preservation of vegetation during construction
under TCDC 18.745.030(E). Accordingly, we sustain that part of subassignment of error 5(K).
(Emphasis added). Petitioner's contention regarding TCDC 18.350.100(B)(3)(a)(5) is not clear. We have
already sustained petitioner's subassignment of error 5(I). Until that deficiency is considered by the city on
remand, it is premature to consider whether there is any obligation to replace any trees in the area to be
developed, beyond the replacement trees that are already proposed.
This subassignment of error is sustained in part.
ADDITIONAL FINDINGS AND ANALYSIS
LUBA had found that since the applicant had not prepared a tree plan, there was inadequate
evidence to evaluate the petitioner's claim that vegetation was not being protected. The applicant
has submitted the required tree plan, including a protection program. Apart from the areas that will be
disturbed to construct the infrastructure (sewer, water, storm drainage, streets, etc.) and the lots that
will be graded for soil stability and proper drainage, the remainder of the site will be required to be
protected from disturbance. The applicant will be required to erect protection fencing around each
tree or group of trees to be retained. To ensure that the remaining vegetation is protected as much
as possible, the following conditions should be required.
Recommended Conditions of Approval (#55, 56, 57, 58):
Prior to commencing any site work, the applicant shall submit construction drawings that
include the approved Tree Removal, Protection and Landscape Plan. The "Tree Protection
Steps" identified in Teragan & Associates Letter of November 19, 2004 shall be reiterated in
the construction documents. The plans shall also include a construction sequence including
installation and removal of tree protection devices, clearing, grading, and paving. Only those
trees identified on the approved Tree Removal plan are authorized for removal by this
decision.
Prior to commencing any site work, the applicant shall establish fencing as directed by the
project arborist to protect the trees to be retained. The applicant shall allow access by the City
Forester for the purpose of monitoring and inspection of the tree protection to verify that the
tree protection measures are performing adequately. Failure to follow the plan, or maintain
tree protection fencing in the designated locations shall be grounds for immediate suspension
of work on the site until remediation measures and/or civil citations can be processed.
Prior to final plat approval, the applicant shall ensure that the Project Arborist has submitted
written reports to the City Forester, at least, once every two weeks, from initial tree protection
zone (TPZ) fencing installation, through site work, as he monitors the construction activities
15TCDC 18.745.030(E)provides:
"Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible.
111. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and
"2. The plants to be saved shall be noted on the landscape pians(e.g.,areas not to be disturbed can be fenced,as in snow fencing
which can be placed around individual trees).
TCDC 18.350.100(B)(3)(a)(5)provides:
"Trees preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790,Tree Removal."
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 27 OF 28
CITY COUNCIL HEARING 2/8/2005
and progress. These reports should include any changes that occurred to the TPZ as well as
the condition and location of the tree protection fencing. If the amount of TPZ was reduced
then the Project Arborist shall justify why the fencing was moved, and shall certify that the
construction activities to the trees did not adversely impact the overall and long-term health
and stability of the tree(s). If the reports are not submitted or received by the City Forester at
the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being
followed by the contractor, the City shall stop work on the project until an inspection can be
done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree
protection fencing, determine if the fencing was moved at any point during construction, and
determine if any part of the Tree Protection Plan has been violated.
Prior to issuance of building permits, the applicant shall submit site plan drawings indicating
the location of the trees that were preserved on the lot, location of tree protection fencing, and
a signature of approval from the project arborist regarding the placement and construction
techniques to be employed in building the house. All proposed protection fencing shall be
installed and inspected prior to commencing construction, and shall remain in place through
the duration of home building. After approval from the City Forester, the tree protection
measures may be removed.
SECTION VII. CONCLUSION
In conclusion, the City asserts that the applicant has adequately responded to the errors identified by
LUBA, and has supplemented the record with additional information and evidence with which to evaluate
the findings. Staff concurs with the applicant on these findings, and has recommended several
additional conditions of approval to ensure that these standards and practices are implemented as part
of this final decision. Staff therefore recommends approval of the Ash Creek Estates Subdivision, case
file SUB2003-00010/ ZON2003-00003/ PDR2003-00004/ SLR2003-00005/ VAR2003-00036/ VAR2003-
00037.
January 25, 2005
PREPARED BY: Morgan Tracy DATE
Associate Planner
January 25, 2005
APPROVED BY: Dick Bewersdorff DATE
Planning Manager
ASH CREEK ESTATES SUBDIVISION"REMAND"STAFF REPORT(SUB2003-00010) PAGE 28 OF 28
CITY COUNCIL HEARING 2/8/2005
EXHIBIT B
CITY OF TIGA RD,OREGON
RESOLUTION Nita, 03- E)
A RESOLUTION AND FINAL ORDER APPROVING THE ASH 'CREEK ESTATES SUBDIVISION
(SUBl IMION (SUB) 2003-0001:0/PLANNTED DEVELOPMENT REVIEW (PDR).2003.0000VZONE
CHANGE(ION)7_003-0000318ENSITRIE LANDS REVIEW(SLR)2003-000MADJUST1viENT(VAR)
2003-00036/ADJUSTMENT (VAR) 2003-00037), ADOPTING FINDINGS AND IMPOSING-
CONDITIONS.
V1 ERBAS,filo Plant i77 Con31377ssio71 revie ed this case at a public hearing at its ntieeiraag of fitly 7, 2003;
and
WII EREAS, the I'l:atji-&g Commission made 1-notions to both deny and approve tiro application, both of
-which failed in a 4-4 tic vote;and
WHEREAS, flie by-laws of the Planning Commission and Roberl's Rifles of Order specify that if all
affimr, Nie vole i73 favor of an applieation is not attained, tile, application is deiAcd. Since the denial
occnrTed.de facto,no fhditngs were adopted,and tlae Menial is without prejitclice;,and
WHEREAS;FA.S; the Cily Council held a public hearing on the appeal of 60 denial on AtIsust 12, 2003 W-11ich
was continued to September 9,2003 to take additional testimony,clad.
WIfiEREAS,the City Council Teie'Wcd the testimony, submittals, and staff report on Aagnst 12, 2003 and.
September 9, 2003, and reviewed. findings and coixditions of approval that were prepared by the appaant;
Win«=ood Construction.,on October 28,2003;and
ieREAS,the city Council concluded that the proposed development witli the coedit ons of approval as
prepared by the applicant,would be in compliance with all applicable decision criteria;
NOW,TI-TER.EFORE,BE 11'RESOLVED by the Tigard City Council that:
SECTION TION 1: The Tigard. City Council: approves applications SUB2003-00010/PDR2003-
ll0l}(DVZON-2003.00003}SEP,2flU3-00005NA.R2003-t}0036/VAR2003-00037 — Asir
Creels,Estates Subdivision, suj ject to the,conditions of approval stated in the letter dated.
September 20, 2003, fiori Steve Kay of Kurahash.i Associates to the City of Tigard,
attached hereto as Exhibit A.anal incorporated.herein by this reference.
SECTION 2: The Tigard City Council:adopts the findbgs stated in the Staff Report to the Planning
CcInn fission, attached hereto as Exhibit B and incorporated herehi by this reference.
The Council further adopts the fib4 ngs stated in the above-referenced Exhibit A.
RESOLUTION NO03-
Page I
i
SECTION ; This resolutioii is effiectivc when notice of the decision railed.
PASSED: This s day ofI'll, °' 2003.
LA I
T y4- i
c
-�y of Tigard'Yj�
City R;ecoTdeT- 'ity c
RESOLUTION NO. 03-
Page
Exhibit A Steve Kay
Kurahashi and Associates
15580 SW Jay Street, Ste 200
Beaverton, OR 97006
October 10, 2003
City of Tigard
City Council Members
13125 SW Hall Blvd.
Tigard, OR 97223
Re: Findings For Ash Creek Estates Subdivision, SUB2003-00010
Dear City Council Members:
On September 9,2003,the City Council approved the application for the Ash Creek Estates Subdivision,
SUB2003-00010. On behalf of the applicant, Windwood Construction,we are submitting findings that
demonstrate how the applicant has met the approval criteria identified in the Staff Report. Applicable
development criteria,responses to those criteria,and additional suggested Conditions of Approval are
provided below.
APPLICABLE REVIEW CRITERIA AND FINDINGS:
CHAPTER 18.350: PLANNED DEVELOPMENTS
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.
Findings: As required,the applicant has followed the Planned Development process for this application.
This application has been submitted for approval of the planned development overlay zone, concept plan,
and detailed plan.
Applicability of the Base Zone Standards:
Section 18.350.070 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 computations under Chapter 18.715;
Findings: As allowed under the planned development process,the applicant has requested smaller lot
sizes than required by the R-4.5 zone. Proposed lot widths are 50 feet or wider and lot depths are 68-153
feet deep. As required by the Conditions of Approval, the applicant will be required to modify Lot 29 so
that it meets frontage standards. The applicant has met the density requirements as discussed later in
these findings.
Site coverage:
The site coverage provisions of the base zone shall apply;
Findings: The R-4.5 zone does not have site coverage requirements,therefore this standard does not
apply.
Building height:
The building height provisions shall not apply;
Findings: The applicant has not proposed an alternative height standard with this application,therefore
the application is subject to the standards of the base zone.
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;
Findings: The applicant has met this standard by submitting a site plan illustrating building envelopes
within the development. Perimeter setbacks are as required by the base zone,and are further described as
a 15-foot rear yard setback on Lots 1-13,a 20-foot front yard setback for Lots 24-27,and a 10-foot south
side yard for Lot 29,a flag lot. In the interior of the site,the applicant proposes an 8-foot front yard
setback to primary structures and porches. Setbacks to the face of the garage is proposed to remain at 20
feet from the front property line of Lots 12-26. Setbacks to the garage on Lots 1-ll are proposed to be
22.5 feet,where sidewalks are 4.5 feet on to those lots.
The side yard setback provisions shall not apply except that all detached structures shall
meet the Uniform Building Code (UBC)requirements for fire walls;
Findings: The applicant proposed to reduce the side yard setback from 5 to 3 feet,which is the minimum
separation required for UBC compliance. No projections including bay windows or chimneys, shall be
allowed into the side areas. Therefore,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 8 feet is required for any garage opening for an attached single-family
dwelling facing a street as long as the required off-street parking spaces are provided.
Findings: As mentioned previously,the applicant proposes an 8-foot front yard setback to primary
structures and porches and setbacks to the face of the garage is proposed to remain at 20 to 22.5 feet.
However, several of the rear setbacks have been modified with this application. Staff has recommended
that the rear yard setbacks for lots with depths of 100 feet or more (e.g. lots 13 through 18) not be
reduced. As required by the staff's Conditions of Approval,the applicant is required to maintain a 20-
foot rear yard setback for Lots 27 and 28. With the Condition of Approval, this criterion has been met.
2
Other provisions of the base zone:
All other provisions of the base zone shall apply except as modified by this chapter.
Findings: Required provisions of the base zone have been satisfied by the applicant. All other
provisions of the base zone will be met during the building permit phase.
PD Approval Criteria: 18.350.100
Specific planned development approval 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 18.410, 18.420 and 18.430, shall
be met;
Findings: The applicant has requested to subdivide the property concurrently with the planned
development approval, therefore this criterion has been met. The applicant's compliance with Chapters
18410, 18.420 and 18.420 is discussed below.
Except as noted,the provisions of the following chapters shall be utilized as guideline. 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 on 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 topography,view, and sun/wind orientation;
• A maximum of 3% quality of architectural quality and style; harmonious use of
materials; innovative building orientation or building grouping; and/or varied use
of housing types.
Findings: The applicant has not requested any modifications to the density standards, therefore this
3
standard has been met. Density will be further discussed under Chapter 18.715 below.
Chapter 18.730: Exceptions To Development Standards
Findings: The applicant has requested modifications to the lot standards under the planned development
process, therefore this criterion is not applicable.
Chapter 18.795: Visual Clearance Areas
Findings: As required, the applicant has submitted pians which show that visual clearance areas at street
intersections will be maintained free from obstructions taller than 3 feet in height. The applicant's plans
identify that vision clearance areas and sight distance requirements will be met at the intersection of 74th
Avenue and Street `A',as well as at the intersection of the proposed Street `A' and the new private street.
Compliance with vision clearance requirements will be confirmed by a post improvements-construction
sight distance certification and through the building permit process for all homes to be constructed within
the development. Therefore,this criterion has been met by the applicant.
Chapter 18.745: Landscaping And Screening
Findings: There is no landscaping buffer requirement between the proposed detached single-family
development and the adjacent detached single-family developments. However,the applicant is required
to landscape 20%of the site because of the request for a Planned Development. The applicant has
provided a street tree pian for 74th Avenue and has proposed to leave the open space tract in its natural
state to meet this criterion. The open space accounts for 44%of the site,which already contains more
than the 20%gross site area of landscaped areas,therefore this criterion is met.
Chapter 18.765: Off-Street Parking And Loading Requirements
Findings: The minimum requirement for household living is one space for every dwelling unit. The
applicant has proposed 2-car garages and another 2 spaces into each of each garage for every lot within
the development,therefore this criterion is satisfied.
Chapter 18.705: Access,Egress And Circulation
Findings: The applicant has provided access to every lot through a minimum 10-foot wide driveway that
connects to a public or private street. The proposed street improvements are evaluated later in this report.
Chapter 18.780: Signs
Findings:No signs are requested with this application. There has been a proliferation of sign violations from
marketing new subdivisions. In accordance with a policy adopted by the Director's Designee,all new subdivision
developers must enter into a sign compliance agreement to facilitate a more expeditious court process for citations.
The applicant has been required to sign this compliance agreement through a condition of approval.
4
In addition,the following criteria shall be met:
Relationships to the natural and physical environment:
The streets,buildings and other site elements shall be designed and located to preserve the
existing trees,topography and natural drainage to the greatest degree possible;
Findings: The applicant has proposed to remove the trees within the developable area and retain all trees
in the open space tract,except where they are impacted by public facility improvements. Removal of
these trees is allowed due to the site's forest timber deferral status. Since the open space tract also
contains the natural drainage way, it will be preserved by the proposal. The drainageway will only be
slightly impacted by the City required extension of 74th Avenue,but this impact will be minimized by
utilizing curb tight sidewalks to limit fill encroachment. During the hearing,the applicant further
proposed to retain trees within a 15 foot perimeter where proposed lots abut existing homesites on the
north and east boundaries of the site (Lots 1-13). Additionally,the applicant proposed enacting a CC&R
related to continued preservation of trees left on site following development.
An erosion control and grading plan will be required during the engineering approval process to ensure
sensitive areas will not be impacted by sedimentation or erosion,as well as to mitigate off-site impacts.
The erosion control plan will ensure that areas where landform alteration takes place will be replanted.
The applicant has also submitted a geotech report,which indicates which areas should and should not be
developed. As a Condition of Approval,the applicant will be required to undertake further geotechnical
investigations in for Lots 13-15,22 and 23. The applicant is also conditioned to have the geotechnical
engineer review the proposed building placement grading pians prior to final plat approval. Therefore,as
required,the applicant has met this criterion to the greatest extent possible.
Structures located on the site shall not be in areas subject to ground slumping and sliding;
Findings: The applicant's geotech report indicates areas of slumping and sliding in the proposed open
space tract,where development is not proposed. Lots 13-15 and between lots 22 and 23 have steep slopes
and groundwater that was encountered during digging of the test pits. As a Condition of Approval,the
applicant will be required to undertake further investigations in these areas.
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;
Findings: The applicant does not propose to reduce the rear setbacks for Lots 1-12. For the interior of
site,the street and front yard setbacks will establish ample distance between the homes. The applicant
also proposes 3-foot side yards between interior lots,which complies with UBC standards. Therefore,
this criterion has been satisfied.
The structures shall be oriented with consideration for the sun and wind directions,where
possible; and
Findings: The applicant has oriented proposed structures in a north-south direction to the extent possible
to provide for opportunities to maximize southern glazing exposure.
5
Trees preserved to the extent possible. Replacement of trees is subject to the requirements
of Chapter 18.790,Tree Removal.
Findings: As mentioned previously,removal of trees outside the sensitive land area is allowed due to the
site's forest timber deferral status. Some trees within the open space tract will require removal to
account for utility construction and for the street crossing,but these have been design to minimize
impacts on trees. The applicant has preserved trees in the open space tract to the maximum extent
possible.
Buffering,screening and compatibility between adjoining uses;
Buffering shall be provided between types of land uses,e.g.,between single-family and
multi-family residential, and residential and commercial uses;
Findings: The applicant is proposing a detached single-family residential development and adjacent
properties are also detached single-family residential developments. Therefore,according to the
development code,this criterion is not applicable to this application.
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.
Findings: There are no buffering requirements between the proposed single-family homes and the
existing single-family homes; therefore this criterion is not applicable.
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.
Findings: There are no service areas, storage areas,parking lots or mechanical devices proposed with this
development,therefore this criterion is not applicable.
Privacy and Noise:
Non-residential structures which abut existing residential dwellings shall be located on the
site or be designed in a manner,to the maximum degree possible,to protect the private
areas on the adjoining properties from view and noise; Private outdoor area-multi-family
use: Shared outdoor recreation areas-multi-family use:
Findings: The applicant is proposing single-family dwelling units. These criteria relate to non-residential
or multi-family structures.
6
Access and Circulation:
The number of allowed access points for a development shall be provided in Chapter
18.705;
Findings: Lots 1-27 have direct frontage to a local public or private street in the interior of the site. As a
Condition of Approval,Lots 28 and 29 will share a common driveway to 74th Avenue,a Neighborhood
Route.
All circulation patterns within a development must be designated to accommodate
emergency vehicles; and
Findings: Tualatin Valley Fire and Rescue have reviewed the proposal and indicated that the proposed
circulation system is acceptable if certain conditions are addressed. To satisfy these conditions,the
applicant must satisfy the following conditions before by the applicant is issued building permits:
1. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire
apparatus access roads shall have an unobstructed width of not less than 20 feet(15 feet for one
or two dwelling units and out buildings),and an unobstructed vertical clearance of not less than
13 feet 6 inches. (UFC Sec. 902.2.2.1) Where fire apparatus roadways are less than 28 feet wide,
"NO PARKING" signs shall be installed on one side of the roadway and in turnarounds as
needed. Where fire apparatus roadways are 32 feet wide or more,parking is not restricted. (UFC
Sec. 902.2.4)
2. NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to
accommodate parked vehicles and 20 feet of unobstruted 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 conform to the City if Tigard engineering standards.
3. TURNING RADIUS: The inside turning radius and outside turning radius shall not be less than
25 feet and 45 feet respectively,measured from the same center point. (UFC Sec. 902.2.2.3)
4. GRADE: Private fire apparatus access roadway grades shall not exceed an average grade of 10
percent with a maximum grade of 15 percent for lengths of no more than 200 feet. Intersections
and turnarounds shall be level(maximum 5%)with the exception of crowing for water run-off.
Public streets shall have a maximum grade of 15%. (UFC Sec. 902.2.2.6)
5. SINGLE FAMILY DWELLINGS AND DUPLEXES—FIRE HYDRANTS: Fire hydrants for
single family dwellings, duplexes and subdivisions, 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)
6. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not
more than 15 feet from an approved fire apparatus access roadway. (UFC Sec. 903.4.2.4)
7. REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the
installation of reflective markers. The markers shall be blue. They shall be located adjacent and
7
to the side of the centerline of the access road way that the fire hydrant is located on. In case that
there is no center line,then assume a centerline, and place the reflectors accordingly. (UFC Sec.
901.4.3)
8. 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 Appendixx Table A-III-A-1. (UFC Appendix III-A, Sec. 5)
9. 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)
Provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an
adopted plan.
Findings: SW 74th Avenue,which fronts the development, is a Neighborhood Route but has not been
designated for bike lanes. This criterion does not apply.
Landscaping and open space:
Residential Development: In addition to the requirements of subparagraphs(4) and(5) of
section a of this subsection, a minimum of 20 percent of the site shall be landscaped;
Findings: The open space and drainage tracts of this proposal account for 44% of the site area. That in
combination of the landscaping on the site will exceed the minimum 20% landscape criteria. Much of the
open space area will remain in its natural state,however, areas of steep slopes that are disturbed must be
replanted according to the geotech report. Additionally, areas within the drainageway and wetlands will
require mitigation replanting per Clean Water Services and the Division of State Lands requirements.
Therefore,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 connecting the development to the waiting area
Findings: The site does not abut a public transit route,therefore this criterion is not applicable.
Signs:
Findings:No signs are proposed with this development. There has been a proliferation of sign violations
from marketing new subdivisions. In accordance with a policy adopted by the Director's Designee,all new
8
subdivision developers must enter into a sign compliance agreement to facilitate a more expeditious court process
for citations. The applicant has been required to sign this compliance agreement through a condition of approval
Parking:
All parking and loading areas shall be generally laid out in accordance with the
requirements set forth in Chapter 18.765;
Up to 50% of required off-street parking spaces for single-family attached dwellings may be
provided on one it more common parking lots within the planned development as long as
each single-family lot contains one off-street parking space.
Findings: The applicant has proposed that the homes will have minimum 2-car garages and another 2
spaces in front of each garage in the driveway for every lot within the development,therefore this
criterion is satisfied.
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;
Findings: The applicant's engineer has prepared preliminary calculations which indicate that meeting
storm water drainage standards is technically feasible, as it has been shown on the submitted preliminary
plans. To ensure that standards for storm water drainage will be met,the applicant has been conditioned
to comply with applicable City of Tigard and Clean Water Services storm water requirements.
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.
Findings: There are no areas within the 100-year floodplain on the site. Therefore,this standard is not
applicable.
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 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
9
property. 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
• 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.
Findings: As a condition of approval,the applicant will be required to convey title of the proposed open
space as a separate tract to a Homeowner's Association in accordance with the requirements of the Tigard
Development Code and Clean Water Services requirements for buffers.
CHAPTER 18.370: SPECIAL ADJUSTMENTS
Adjustments to development standards within subdivisions(Chapter 18.430). The Director
shall consider the application for adjustment at the same time he/she considers the
preliminary plat. An adjustment may be approved, approved with conditions, or denied
provided the Director finds:
Findings: The applicant is requesting an adjustment to the street improvement standards on SW 74th
Avenue and an adjustment to the cul-de-sac standards. On 74th Avenue,the applicant is requesting an
adjustment to allow the sidewalk to be curb tight in order to reduce the amount of fill required in the
drainageway area. The applicant has also requested that the cul-de-sac design standards be adjusted to
allow 23 homes access to the cul-de-sac verses the allowed standard of 20 homes, and to allow a cul-de-
sac longer than 200 feet. These adjustments are addressed below.
There are special circumstances or conditions affecting the property,which are unusual and
peculiar to the land as compared to other lands similarly situated;
Findings: The applicant is requesting an adjustment to the 5-foot planter strip along 74th Avenue to
reduce 1,100 additional square feet of impact to the drainageway and wetland area. The applicant
proposes this curb tight sidewalk for the special circumstance where the development is required to cross
the stream. Outside the resource area,the sidewalk will meet the required public street standards.
Due to the presence of the sensitive lands,the development width of the property makes a looped street
unfeasible. Also,because of existing development patterns adjacent to the site,the cul-de-sac could not
be extended to the site's east property line. The applicant was able to extend a new public street to the
north property line for future connectivity. The length of the cul-de-sac is the primary reason to exceed
the 20 home maximum standard on this private street. Because of the special circumstances affecting this
property,this criterion has been satisfied.
The adjustment is necessary for the proper design or function of the subdivision;
Findings: The adjustment request for the curb tight sidewalk is necessary to reduce impacts to the
10
10
drainageway and wetlands. The adjustment for the cul-de-sac length is necessary to provide access to
Lots 3-19 and to allow a turn around for emergency equipment and garbage trucks. The adjustment to
allow more than 20 units to access the cul-de-sac is a result of both the length of the resulting cul-de-sac,
and the desire to eliminate the need for a second redundant access serving three lots. Providing this
second access would have reduced the amount of area available for buildings, with the result of
eliminating the lots being served by it. Therefore,this criterion has been satisfied.
The granting of the adjustment will not be detrimental to the public health, safety, and
welfare or injurious to the rights of other owners of property; and
Findings: The Fire District has reviewed the proposed street design and has provided no objections to
these adjustments. There is no evidence that these adjustments will be detrimental to the health safety or
welfare to other property owners surrounding the site.
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.
Findings: Due to existing development patterns,the natural resources, and the shape of the site,the
adjustment is necessary for the applicant to make use of substantial property rights. The applicant is
proposing to build within the density prescribed for this site. The criteria for granting these adjustments
to the street design, cul-de-sac length, and sidewalk standards have been satisfied.
CHAPTER 18.330: ZONE CHANGE:
A recommendation or a decision to approve, approve with conditions or to deny an
application for a quasi-judicial zoning map amendment shall be based on all of the
following standards:
Demonstration of compliance with all applicable comprehensive plan policies and
designations;
Findings: This application has been reviewed under the standards of the Tigard Development Code,
which is implemented under the comprehensive plan. This criterion has been satisfied.
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.
Findings: The applicant satisfies the criteria for a zone change to place the Planned Development
Overlay zoning onto the property.
CHAPTER 18.430: SUBDIVISIONS
Preliminary Subdivision Plat Approval Criteria: 18.430.040
Approval criteria:
The approval Authority may approve, approve with conditions or deny a preliminary plat
based on the following approval criteria:
11
11
The proposed preliminary plat complies with the applicable zoning ordinance and other
applicable and regulations;
Findings: As illustrated by this report,the proposed plat complies with all applicable ordinances and
regulations.
The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS
Chapter 92;
Findings: As required,the applicant will provide an approved plat name reservation prior to final plat
approval.
The streets and roads are laid out so as to conform to the plats of subdivisions and maps of
major partitions already approved for adjoining property as to width, general direction and
in all other respects unless the City determines it is in the public interest to modify the street
or road pattern; and
Findings: As mentioned previously, site conditions and existing development limit the applicant to
provide street stubs to the east and south, however, a street stub has been provided to the property to the
north. The applicant is also proposing to extend 74th Avenue to the south. This criterion has been met.
An explanation has been provided for all common improvements.
Findings: The applicant has provided an explanation for all common improvements. As required,the
applicant will provide an approved plat name reservation prior to final plat approval.
CHAPTER 18.510: RESIDENTIAL ZONING DISTRICTS
Residential Zoning District: Section 18.510.020
The R-4.5 zoning district is designated 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.
Findings: This Planned Development is permitted in this district as long as the applicant satisfies all
applicable criteria.
Development Standards: Section 18.510.050 States that Development standards in
residential zoning districts are contained in Table 18.510.2:
Findings: The proposed development is a Planned Development and is allowed to vary from the
standards of the base zone. Therefore,the applicant has satisfied these criteria.
CHAPTER 18.705: ACCESS AND EGRESS
Minimum access requirements for residential use: Section 18.705.0300
12
12
Access Management(Section 18.705.030.11)
Section 18.705.030.H.1 states that an access report shall be submitted with all new
development proposals which verifies design of driveways and streets are safe by meeting
adequate stacking needs, sight distance and deceleration standards as set by ODOT,
Washington County,the City and AASHTO.
Findings: The applicant's engineer indicates that sight distance will be met. The engineer is required to
provide a post-construction sight distance certificate to ensure that this standard is met.
Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the
influence area of collector or arterial street intersections. Influence area of intersections is
that area where queues of traffic commonly form on approach to an intersection. The
minimum driveway setback from a collector or arterial street intersection shall be 150 feet,
measured from the right-of-way line of the intersecting street to the throat of the proposed
driveway. The setback may be greater depending upon the influence area, as determined
from City Engineer review of a traffic impact report submitted by the applicant's traffic
engineer. In a case where a project has less than 150 feet of street frontage,the applicant
must explore any option for shared access with the adjacent parcel. If shared access is not
possible or practical,the driveway shall be placed as far from the intersection as possible.
Findings: The proposed new intersection of Street `A' and 74th Avenue, a Neighborhood Route, is not
within the influence area of Taylor Ferry Road, a collector street. This criterion has been met.
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.
Findings: The proposed intersection is over 280 feet away from the intersection of 74th Avenue and
Barbara Lane. This standard has been met.
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;
Findings: As a condition of approval,the applicant will be required to provide a minimum 10-foot wide
paved accessway for each single-family lot.
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.
Findings: Since 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.
Findings: Individual homeowners will maintain the access drives once the property is developed. The
13
13
Fire District has already reviewed and provided comments on the proposed development,therefore this
criterion has been 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%.
Findings: Since there are no access drives that exceed 150 feet in length,this criterion does not apply.
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 the excess of 200 feet in length.
Findings: There are no access drives that exceed 200 feet in length,therefore this criterion does not
apply.
Where permitted, minimum width for driveway approaches to arterials or collector streets
shall no less than 20 feet so as to avoid traffic turning from the street having to wait for
traffic exiting the site.
Findings: This site is not adjacent to a collector or arterial,therefore this standard does not apply.
To provide for increased traffic movement on congested streets and to eliminate turning
movements problems,the Director may restrict the location of driveways on streets and
require the location of driveways be placed on adjacent streets,upon the finding that the
proposed access would cause or increase existing hazardous conditions to exist which
would constitute a clear and present danger to the public health, safety, and general
welfare.
Findings: The proposed development can comply with all applicable requirements of Chapter 18.705.
As a condition of approval,the applicant will provide joint access with an easement or tract to Lots 28
and 29. In addition,the applicant will be conditioned to demonstrate that all lots can be accessed by a
minimum 10-foot wide paved accessway.
CHAPTER 18.715: DENSITY COMPUTATIONS
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:
14
14
• 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.
Findings: The density calculations for the site are as follows:
Gross lot area: 407,721 square feet
Public Street dedication 17, 828 square feet
Private Street dedication 22,670 square feet
Drainageway 70,862 square feet
Steep Slopes 107,556 square feet
Wetlands(contained in drainageway)
Net Developable Area: 188,805 square feet
Number of Lots Allowed
in Net Developable Area: 25 Lots
Residential Density Transfer
Rules governing residential density transfer. The units per acre calculated by subtracting
land areas listed in Section 18.715.020 A. la- c from the gross acres may be transferred to
the remaining buildable land areas subject to the following limitations:
1. The number of units which can be transferred is limited to the number of units which
would have been allowed on 25 percent of the unbuildable area if not for these
regulations; and
2. The total number of units per site does not exceed 125 percent of the maximum number
of units per gross acre permitted for the applicable comprehensive plan designation.
Findings: According to the rules of density transfer,the applicant is able to utilize 25% of the
drainageway and steep slopes as part of the net developable area. To calculate the maximum allowed
density,the net developable area is divided by the minimum allowed square footage of the site's zone.
Drainageway and steep slopes= 178,418. 25% of this constrained area=44,604
Net Developable area= 178,418+44,604= 233,409 square feet
R-4.5 Zone:
233,409 (net developable area)/7,500 (minimum allowed s.f. for this zone)=3ldwelling units
15
15
The total number of units allowed is:
125% (gross acreage)x 25 Lots =31 Lots
Therefore,the proposed 29 dwelling units do not exceed the maximum density of the net developable
area. This criterion has been met.
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 the
Subsection B above by 80% (0.8).
Findings: The required minimum density is calculated as follows:
25 Lots x 0.80=20 Lots
The applicant has met this standard.
CHAPTER 18.725: ENVIRONMENTAL PERFORMANCE
STANDARDS
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
pointsource emission, other than an emission from space heating, or the emission of pure
uncombined water(steam)which is visible from a property line. Department of
Environmental Quality(DEQ) rules for visible emissions(340-21-015 and 340-28-070)
apply.
Vibration. No vibration other than that caused by highway vehicles,trains and aircraft is
permitted in any given zoning district which is 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 any point beyond the property line of the use creating the odors in prohibited.
DEQ rules for odors (340-028-090) apply.
Glare and heat. No direct or sky reflected glare,whether from floodlights or from high
temperature processes such as combustion or welding,which is visible at the lot line shall be
permitted, and 1)there shall be no emission or transmission of heat or heated air which is
disconcernible 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.
16
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.
Findings: Adherence to these standards will be assured through the on-going review of the City of Tigard
Code Enforcement Officer after individual lots are purchased by homeowners. A condition will be
imposed to require ongoing compliance with this standard from the applicant and future owners of
lots. With this condition,these standards have been met.
CHAPTER 18.745: LANDSCAPING AND SCREENING
Establishes standards for landscaping, buffering and screening to enhance the aesthetic
environmental quality of the City.
Findings: There are no landscaping standards that apply to the R-4.5 zone. However,the open space and
drainage tracts constitute approximately 44% of the site area.Additional landscaping will be planted
within lots by individual homeowners.
Section 18.745.040. states that all development projects fronting on 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.
Findings: As a condition of approval,the applicant will be required to submit a revised street tree plan
that identifies an alternative tree species for either the public or private street to vary the streetscape.
Individual lot owners will not be issued a certification of occupancy until the landscaping requirements of
18.745.040 have been met. The applicant agrees that varying the street trees is feasible and that this
condition can be met.
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).
Findings: The applicant has been conditioned to comply with Landscaping and Screening requirements
of Chapter 18.745. However, single-family developments are adjacent to the subject site so there are no
buffering and screening requirements for this project. During the application appeal process,the
applicant proposed the installation of a Leyland cypress hedge along the rear of lots 1-12 for additional
privacy screening for existing abutting homes. This is memorialized as a condition of approval.
CHAPTER 18.755: MIXED SOLID WASTE AND RECYCLABLE
STORAGE
Findings: Waste Management,the correct service provider has reviewed the applicant's proposal and has
found it to be acceptable for the removal of solid waste and recyclables.
17
CHAPTER 18.765: OFF-STREET PARKING AND LOADING
REQUIREMENTS
This chapter 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.
Findings: As mentioned previously,the applicant has proposed 2-car garages and another 2 spaces in
front of each garage for every lot within the development,therefore this criterion is satisfied. To ensure
that the development complies with this standard,the developer has been conditioned to submit materials
demonstrating that at least one 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.
CHAPTER 18.775: SENSITIVE LANDS
Jurisdictional wetlands. Landform alterations or developments which are only within
wetland areas that meet the jurisdictional requirements and permit criteria of the
U.S.Army Corps of Engineers,Division of State Lands,CWS, and/or other federal,
state,or regional agencies, and are not designed as significant wetlands on the City of
Tigard. Wetland and Streams Corridors Map.,do not require a sensitive lands permit.
The City shall require that all necessary permits from other agencies are obtained. All
other applicable City requirements must be satisfied,including sensitive land permits for
areas within the 100-year floodplain,slopes of 25% or greater or unstable ground,
drainageways, and wetlands which are not under state or federal jurisdiction.
Findings: The wetlands on this site are not designated as significant by the City. However, as a condition
of approval,the applicant will be required to obtain all the necessary permits from the Army Corp,
Division of State Lands, and Clean Water Services.
Steep slopes. The appropriate approval authority shall approve, approve with conditions
or deny an application request for a sensitive lands permit on slopes of 25% or greater or
unstable ground based upon findings that all of the following criteria have been satisfied:
1. The extent and nature of the proposed land form alteration or development will not
create site disturbances to an extent greater than that required for the use;
2. The proposed land form alteration or development will not result in erosion,stream
sedimentation,ground instability,or other adverse on-site and off-site effects or
hazards to life or property;
3. The structures are appropriately sited and designed to ensure structural stability
and proper drainage of foundation and crawl space areas for development with any
of the following soil conditions: wet/high water table; high shrink-swell capability;
compressible/organic; and shallow depth-to-bedrock; and
4. Where natural vegetation has been removed due to land form alteration or
development,the areas not covered by structures or impervious surfaces will be
replanted to prevent erosion in accordance with Chapter 18.745, Landscaping and
Screening.
Findings: As mentioned previously,the applicant has attempted to reduce the area that the development
18
impacts the steeps slopes and natural areas of the site. An erosion control and grading plan will be
required during the engineering approval process to ensure sensitive areas will not be impacted by
sedimentation or erosion, as well as to prevent off-site impacts. The erosion control plan will ensure that
areas where landform alteration takes place will be replanted. The applicant has also submitted a geotech
report,which indicates which areas should and should not be developed. As a Condition of Approval,the
applicant will be required to undertake further geotechnical investigations in for Lots 13-15, 22 and 23.
The applicant is also conditioned to have the geotechnical engineer review the proposed building
placement grading plans prior to final plat approval.
Within drainageways. The appropriate approval authority shall approve, approve with
conditions or deny an application request for a sensitive land permit within drainageways
based upon findings that all of the following criteria have been satisfied:
1. The extent and nature of the proposed land form alteration or development will not
create site disturbances to an extent greater than that required for the use;
Findings: The applicant has proposed to extend 74th Avenue to meet the objectives of the City's
Transportation Plan and to serve two lots in the southern portion of the site. The applicant has proposed a
curb tight sidewalk to minimize the amount of fill in the stream corridor. The extent of the disturbance is
not greater than the proposed use,therefore this criterion has been met.
2. The proposed land form alteration or development will not result in erosion, stream
sedimentation, ground instability, or other adverse on-site and off-site effects or
hazards to life or property;
Findings: An erosion control and grading plan will be required during the engineering approval process
to ensures sensitive areas will not be impacted by sedimentation or erosion, as well as to prevent off-site
impacts. The applicant is also conditioned to have the geotechnical engineer review the proposed
building placement prior to City approval of construction plans.
3. The water flow capacity of the drainageway is not decreased;
Findings: The applicant has submitted a stormwater report that includes using an oversized box culvert to
ensure that upstream properties are not affected by the development.
4. Where natural vegetation has been removed due to land form alteration or
development,the areas not covered by structures or impervious surfaces will be
replanted to prevent erosion in accordance with Chapter 18.745, Landscaping and
Screening;
Findings: The applicant has been conditioned to submit an erosion control and grading plan which will
require areas to be replanted prior issuance of final building permits. In addition,the applicant is required
to replant per the requirements of the Clean Water Services letter.
5. The drainageway will be replaced by a public facility of adequate size to
accommodate maximum flow in accordance with the adopted 1981 Master Drainage
Plan;
Findings: The 1981 Master Drainage Plan does not identify any public facilities for this portion of Ash
19
Creek.
6. The necessary U.S.Army Corps of Engineer and State of Oregon Land Board,
Division of State Lands, and CWS approvals shall be obtained;
Findings: The applicant has submitted approvals from Clean Water Services. As a condition of approval,
the applicant will be required to show approvals from the Corps of Engineers and the Division of State
Lands.
7. Where land form alterations and/or development are allowed within and adjacent to
the 100-year floodplain,the City shall require the consideration of dedication of
sufficient open land area within and adjacent to the floodplain in accordance with
the Comprehensive Plan. This area shall include portions of a suitable elevation for
the construction of a pedestrian/bicycle pathway within the floodplain in accordance
with the adopted pedestrian bicycle pathway plan.
Findings: There is no 100-year floodplain within the proposed development site,therefore this standard
is inapplicable. In order to receive a sensitive lands permit,the applicant has been conditioned to meet
the following:
• Prior to the issuance of final occupancy on any building,the applicant must provide City staff
with a letter from Clean Water Services that indicates compliance with the approved service
provider letter.
• Prior to any site work,the applicant shall provide evidence of all necessary approvals from Army
Corps of Engineers and the Division of State Lands.
• Prior to any site work,the drainage tract must be clearly identified in the field with permanent
fencing so as to insure no grading or material is placed in the area. Any fencing that is damaged
during construction must be replaced prior to final building inspection.
• Prior to final plat approval submit and receive approval for an erosion control and grading plan
for alteration on slopes exceeding 25%.
• Re-plant any area where vegetation has been removed as a result of grading in conformance with
the Clean Water Services Standards as set forth in the site assessment file,prior to obtaining
permits.
• Prior to commencing on-site improvements,the applicant shall have the geotech engineer review
and approve the construction plans for the City's review and approval.
CHAPTER 18.790: TREE REMOVAL
A tree plan for the planting,removal and protection of tees 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 sued by the applicant to protect tress
during and after construction.
Findings: CDC 18.790.050 provides exemptions from the requirement to obtain tree removal permits.
One of those exemptions is stated in CDC 18.790.050(D)(4). The City Council has interpreted this
exemption as being applicable to the requirement to develop a tree plan and to provide mitigation for trees
20
removed a1the time o[development imposed by CDC 18.790.030. Thi iebased onthe
Council's understanding o[the intent o[the exemption. The exemption was intended torecognize that
when trees have been planted ormaintained with the goal that they ultimately housed for timber orpulp,
hiereasonable toallow the property owner toharvest them without requiring ndtiga1ion. /\Uovdng the
harvest oftrees intended for timber orpulp without requiring atroop|unorndtiga1ionieagoodpoUoy
because hrespects the reasonable expectations ofproperty owners. Furthermore,ifthe exemption did not
apply at the time of development,property owners with tax-deferred timber property would cut all the
timber onthe property eothat they could develop inthe future without being required toznbiga1o. This is
not desirable because it would lead to widespread harvesting of trees that have environmental benefits and
that contribute tothe character ofCity ofTigard.
The interpretation is also based on the language of CDC 18.790.050. That section requirestrooromova|
permits only for trees onsensitive lands. CDC lN.79O.O5O(A) The exemption only applies totrees that
are not onsensitive lands. CDC 18.790.050(D)(4). Ifthe exemption inCDC lN.79O.O5O(0)(4) applied
only tothe requirement ofCDC lN.79O.O5Oand not tothe tree plan and mitigation requirement ofCDC
18.790.030, it would have been totally unnecessary because it would not exempt anything—it doesn't
apply to nonnbivo lands and the poonh requirement only applies to nonnbivo lands. Separate provisions in
laws or ordinances should be interpreted as having separate effects. The only way to give separate effect
toCDC lN.79O.O5O(D)(4)intoapply htothe tree plan and mitigation requirement ofCDClN.79O.O3O.
As applied to this application, some of the property is considered to be a sensitive land, so a tree plan is
required for that area. The applicant has provided a tree plan for the entire area, and so has complied with
the requirement. The applicant does not propose removal ofmore than 25 percent of trees over 12 caliper
inches from the sensitive land area, nonomitigation inrequired undorl8.790.030.
As mentioned previously,this site is in tax-deferred timber property status,therefore the applicant may
harvest all the trees outside of the nonnbivz land mnao without having to comply with the mitigation
requirements of this Chuptor. The applicant's bro removal plan indicates that approximately 74 trees
within the nonnbivo land areas will be removed. IJmdng the application appeal process,the applicant
proposed retaining additional trees within the developable portion of the site. /\ 15` pddo area inthe roar
of the perimeter of the northern and eastern lots is proposed to retain all healthy and viable trees, subject
toacertified arbodmLnreview and determination. Toensure that the trees are preserved according to the
tree removal plan,the following conditions will apply:
°
The applicant shall submit an arborist report with tree protection recommendations, 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 Arborist review. The construction documents shall show the open
space tract trees protected(with the exception oftrees that require removal for utility
construction) and a |5` wide area oftrees protected along the rear ofthe perimeter|otn(viththe
exception of any trees that are dead, dying, diseased, or deemed dangerous).
°
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 priortoconstruction.
°
The applicant shall submit CC&R`nthat additionally establish restrictions regarding the removal
of trees greater than 12 inches in diameter from any of the lots or tracts following completion of
the subdivision improvements. Trees may only bo allowed to be removed subject to aoodiDod
mhodnt`n finding that the trees are dead, or in novoro decline.
21
CHAPTER 18.795: VISUAL CLEARANCE AREAS
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.
Findings: The applicant has illustrated clear vision areas at the street intersections and has indicated that
no obstructions will be placed in those areas. Compliance with vision clearance requirements will be
confirmed through the building permit process for all homes to be constructed within the development.
This standard has been met.
CHAPTER 18.390: DECISION MAKING PROCEDURES
G. Impact Study: Section 18.390.040.B.e
Requires that the applicant shall include an impact study. The study shall address, as 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 pubic 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.
Findings: The applicant submitted an impact study, satisfying the required elements above.
Rough Proportionality Analysis
Findings: The Analysis has been calculated as follows:
Full Impact of the Development=
73,370(TIF of$2,530 x 29 DU)/0.32 (TIF's Coverage Citywide)_ $229,281
Less TIF Assessment=(TIF of$2,530 x 29 DU)= -$73,370
Less Mitigated costs of 74th Avenue Improvement -$250,000
Estimate of Unmitigated Impacts -$94,089
Although the costs of the improvements is greater than the level of impact,the improvements have been
proposed by the applicant. The required dedication of right-of-way is clearly proportionate to the impact
of the creation of the 29 lots. Therefore,the applicant has satisfied this criterion.
22
CHAPTER 18.810: STREET AND UTILITY IMPROVEMENTS
STANDARDS
Chapter 18.810 provides construction standards for the implementation of public and
private facilities and utilities such as streets,sewers, and drainage. The applicable
standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be
improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a
portion of an existing street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires a
neighborhood route street to have a 54-foot right-of-way width and a 32-foot paved section.
Other improvements required may include on-street parking,sidewalks and bikeways,
underground utilities,street lighting,storm drainage, and street trees.
Findings: Due to the unimproved nature of 74th Avenue,the applicant met with representatives from the
City of Tigard Engineering Department and the City of Tualatin Water District(who has a water
transmission line within the 74th Avenue right of way)to discuss several issues regarding the extension of
this street. All parties agreed that the applicant should be permitted to construct 74th Avenue with a
steeper grade in order to minimize the amount of fill over the water line and in the wetland area.
Therefore,the applicant requested an adjustment to the grade standard. However, since the proposed
street grade does not exceed 15%for over 250 feet, an adjustment is not required.
The applicant also requested the speed limit be reduced to 15 miles per hour in the section where the 74th
avenue crossing will occur. This speed limit was accepted by the City of Tigard Engineer. The City of
Tigard standards are met by a 15 mile per hour vertical curve design,to a"K value"of greater than 5
(AASHTO).
The applicant also requested an adjustment to the sidewalk standards at the stream crossing location on
74th Avenue. By moving the sidewalk to the curb line, five fewer feet of width into the stream corridor is
avoided. Staff has recommended approval the sidewalk adjustment.
Future Street Plan and Extension of Streets: Section 18.810.030(F)states that a future street
plan shall be filed which shows the pattern of existing and proposed future streets from the
boundaries of the proposed land division. This section also states that where it is necessary
to give access or permit a satisfactory future division of adjoining land,streets shall be
extended to the boundary lines of the tract to be developed and a barricade shall be
constructed at the end of the street. These street stubs to adjoining properties are not
considered to be cul-de-sacs since they are intended to continue as through streets at such
time as the adjoining property is developed. A barricade shall be constructed at the end of
the street by the property owners which shall not be removed until authorized by the City
Engineer,the cost of which shall be included in the street construction cost. Temporary
hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in
23
excess of 150 feet in length.
Findings: The applicant has proposed to stub the new public street to the parcel to the north. As
mentioned previously, site conditions and existing development limit the applicant to provide street stubs
to the east and south. The applicant is also proposing to extend 74th Avenue to the south. This criterion
has been met.
Street Alignment and Connections: Section 18.810.030. (G)sates that staggering of streets
making the 1s`intersections at collectors and arterials shall not be designed so that jogs of
less than 300 feet on such streets are created, as measured from the centerline of such street.
Spacing between local street intersections shall have a minimum separations of 125 feet. All
local streets which abut a development site shall be extended within the site to provide
through circulation when not precluded by environmental or topographical constraints,
existing development patterns or strict adherence to other standards in this code. A street
connection or extension is precluded when it is not possible to redesign,or reconfigure the
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.
Findings: As mentioned previously,the drainageway precludes extension of an interior public or private
street to the south. No street connections are possible to the east due to the existing development patterns
adjacent to the site. This criterion has been satisfied.
Cul-de-sacs: 18.810.030.K states that a cul-de-sac shall be no more than 200 feet long, shall
not provide access to greater than 20 dwelling units, and shall only be used when
environmental or topographical constraints,existing development pattern, or strict
adherence to other standards in this code preclude street extension and through circulation:
• All cul-de-sacs shall terminate with a turnaround. Use of turnaround
configurations other than circular, shall be approved by the City Engineer; and
• The length of the cul-de-sac shall be measured along the centerline of the roadway
from the near side of the intersecting street to the farthest point of the cul-de-sac.
• If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent
street may be required to be provided and dedicated to the City.
Findings: The applicant has requested an adjustment to allow a private street cul-de-sac of approximately
500 feet in length. The site is over 967 feet deep and the stream to the south makes it too narrow to
accommodate a looped street. Tn addition, steep slopes,the creek and existing development preclude any
connections to the south or east. The applicant has demonstrated that there are no practicable alternatives
to provide reasonable and efficient access to the entire property. This adjustment is justified by the shape
of the property, natural features, and pre-existing development..
Grades and Curves: Section 18.810.030.M states that grades shall not exceed ten percent on
arterials, 12% on collectors 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 :
Findings: Staff review revealed that the proposed street grade does not exceed 15%for over 250 feet.
24
Therefore,the applicant's request for an adjustment is not required.
Private Streets: Section 18.810.030.5 states that design standards for private streets shall be
established by the City Engineer. The City shall require legal assurances for the continued
maintenance of private streets, such as 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.
Findings: The applicant is proposing to serve a total of 23 lots(lots 1-23)with the proposed private
street. Since this development is proposed as a planned development, a private street is acceptable.
Block Designs—Section 18.810.030.5 states that the length,width, and shape of blocks shall
be designed with due regard to providing adequate building sites for the sue 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 fine 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.
Findings: As mentioned previously,the existing development, steep slopes, and stream corridor do not
allow connections other than the proposed connection to the north. The proposed street stub to the north
will eventually provide a block measuring approximately 1,250 feet. This criterion has been 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.
Findings: The applicant proposes to serve the site with a sidewalk on one side of the private street and a
public street stub with sidewalks on both sides to the north property boundary. There are no opportunities
for bicycle and/or pedestrian connections to the east or south because of topography and natural features.
Therefore,this standard has been 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.
Findings: Only one of the proposed lots(#13)exceed 1.5 times the minimum lot size. This lot is 69 feet
in average lot width and 170 feet in lot depth. Two and a half times the proposed lot width is 172.5 feet.
Since 170 feet is less than 2.5 times the lot width,this criterion has been satisfied.
25
Lot Frontage: Section 18.810.060(B)requires that lots have at least 25 feet frontage on
public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4c
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.
Findings: Lots 9, 11, 12, land 29 do not have 25 feet of frontage on a public or private street. Therefore
the applicant will be conditioned to revise the plat to accommodate a minimum of 25 feet of frontage for
all lots within the development. Since there is greater than 25 feet of average lot frontage available for
the lots along the proposed streets,it is feasible to modify the final plat to meet this condition.
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.
Findings: The applicant is proposing to construct sidewalks with other street improvements. This
criterion has been satisfied.
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 exiting 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.
Findings: There is an existing sewer manhole in 74th Avenue. The applicant is proposing to extend the 8
inch line north in 74th Avenue and then east in the new public and private streets to serve all lots. As
mentioned previously,the applicant is proposing to stub a line to the north for extension with future street
improvements.
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 18.810.100C states that a culvert or other
drainage facility shall be large enough to accommodate potential runoff from its entire
upstream drainage area,whether inside or outside the development. The City Engineer
shall approve the necessary size of the facility,based on the provisions of Design and
Construction Standards for Sanitary and Surface Water Management(as adopted by the
Clean Water Services in 2000 and including any future revisions or amendments).
Findings: The applicant's engineer has done preliminary calculations to size the new box culvert under
74th Avenue so that it accommodates upstream drainage. The 5-foot by 10-foot box culvert has been
slightly oversized for easier fish passage. The applicant has also proposed to protect the condition of the
existing creek by moving the development away from the sensitive area boundary. Therefore,in
26
accordance with City and Clean Water Services standards,the capacity of the existing drainageway will
not be impacted by the proposeddevelopment.
Effect on Downstream Drainage: Section 18.810100.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 of
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 Service in 2000 and including any future
revisions or amendments).
Findings: The site generally slopes towards Ash Creek. The applicant has proposed a storm system in
the new public and private streets,including the in the street stub to the north property. The storm system
is proposed to outlet into a pond that will provide water quality and quantity measures before it is
discharged into Ash Creek, as required by Clean Water Services. As required,the applicant will provide
access to the pond for maintenance. In addition the applicant has proposed to construct an oversized
culvert under 74th Avenue to accommodate the Ash Creek Crossing. With these improvements there is
sufficient detention capacity to meet the Clean Water Services standards.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed
bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions
for the future extension of such bikeways through the dedication of easements or right-of-
way.
Findings: 74th Avenue is not classified as a bike facility,therefore this criterion is inapplicable.
Cost of Construction: Section 18.810.11013 states that development permits issues 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 of
construction of bikeway improvements
Findings: This standard is not applicable to this proposal.
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.
Findings: This standard is not applicable to this proposal.
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
27
• 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 18.810120C 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.
Findings: All newly constructed utilities are to be placed underground. There are existing overhead lines
along the frontage of SW 74th Avenue. The applicant shall either place these utilities underground or pay
the fee in lieu. 1f the fee in-lieu is proposed by the applicant,it is equal to $27.50 per lineal foot of street
frontage that contains the overhead lines. The frontage along the site is 421 lineal feet;therefore the fee
would be$11,578.
CONDITIONS OF APPROVAL:
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO COMMENCING ANY ON-SITE IMPROVEMENTS,
INCLUDING GRADING,EXCAVATION AND/OR FILL ACTIVITIES:
Submit to the Planning Department(Morgan Tracy, 639-4171, Ext.2428)for review and approval:
1. Prior to site work,the applicant shall submit an arborist report with tree protection
recommendations,and shall provide the City Arborist with a construction sequence including
installation and removal of tree protection devices, clearing, grading, and paving.
2. Prior to site work,the applicant shall submit a complete set of construction documents with the
tree locations for the City Arborists review. The applicant will not cut any healthy trees within the
designated open space tract. Furthermore,the applicant shall not cut any healthy trees in the tree
preservation areas of Lots 1-18,which shall be defined as the area at least 15 from the rear of the
building footprints. However,if an arborist determines that trees in these areas are dead,
diseased, or pose a safety hazard,then the applicant shall remove affected trees from those areas.
3. Prior to site work,the applicant shall notify the City Arborist at least 48 hours prior to
commencing construction when the tree protection measures are in place so that he may verify
28
that the measures will function properly.
4. Prior to site work,the applicant shall provide evidence of all necessary approvals for work within
the wetlands from US Army Corps of Engineers and the Division of State Lands.
5. Prior to site work,the drainage tract must be clearly identified in the field with permanent
(preferably with minimum 4-foot-tall black chainlink)fencing so as to insure no grading or
material is placed in this area. Any fencing that is damaged during construction must be replaced
prior to final building inspection. If the damage is such that it will no longer effectively identify
the tract,it shall be replaced/reinstalled immediately.
6. Prior to site work, a signed approval shall be included with the City's construction drawing
packet.
Submit to the Engineering Department(Kim McMillan, 639-4171, ext.2642)for review and
approval:
7. Prior to approval of construction plans,the applicant shall"pothole"the City of Tualatin's main
water transmission line to determine the exact location and condition of the pipe. The applicant
shall notify the City of Tigard and the City of Tualatin 48 hours prior to the pothole inspections
and when any construction activity will impact the pipe (such as placement of fill and excavation
in the immediate vicinity) so that a representative from both the Cities of Tualatin and Tigard can
be present.
8. Prior to commencing onsite improvements, a Public Facility Improvement (PFI)permit is
required for this project to cover all infrastructure 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 other drawings required by
the Building Division and should only include sheets relevant to public improvements. Public
Facility Improvement (PFI)permit plans shall conform to City of Tigard Public Improvement
Design Standards, which are available at City Hall and the City's web page (www.ci.tigard.or,us).
9. 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
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.
10. 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 associates with the project.
11. The applicant shall submit construction plans to the Engineering Department as a part of the
Public Facility Improvement permit,which indicate that they will construct a half-street
improvement along the frontage of 74th Avenue. The improvements adjacent to this site shall
29
include:
A. City standard pavement section for a neighborhood route,without bike lanes, from curb
to centerline equal to 16 feet,with a minimum pavement width of 24 feet;
B. Pavement tapers needed to tie the new improvement back into the existing edge of
pavement shall be built beyond the site frontage;
C. Concrete curb, or curb and gutter as needed;
D. Storm drainage,including any off-site storm drainage necessary to convey surface and/or
subsurface runoff,
E. 5-foot concrete sidewalk with a planter strip (unless adjusted);
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);
L. Adjustments in vertical and/or horizontal alignment to construct SW 74Th Avenue in a
safe manner, as approved by the Engineering Department,including reductions to the
speed limit as necessary; and
M. Right-of-way dedication to provide 27 feet from centerline.
12. The applicant's Public Facility Improvement permit construction drawings shall indicate that full
width street improvements,including traffic control devices,mailbox clusters, concrete
sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage,
street trees, streetlights, and underground utilities shall be installed within the interior subdivision
streets. Improvements shall be designed and constructed to local street standards.
13. A profile of 74�h Avenue shall be required,extending 300 feet either side of the subject site
showing the existing grade and proposed future grade.
14. The applicant's construction drawings shall show that the pavement and rock section for the
proposed private street(s) shall meet the City's public street standard for a local residential street.
15. The applicant shall obtain approval from the Tualatin Valley Water District for the proposed
water connection prior to issuance of the City's Public Facility improvement permit.
16. Final design plans and calculations for the proposed public water quality/detention facility shall
be submitted to the Engineering Department(Kim McMillan)as a part of the Public Facility
Improvement plans. Included with the plans shall be a proposed landscape plan to be approved
by the City Engineer. The proposed facility shall be dedicated in a tract to the City of Tigard on
the final plat. As a part of the improvement plans submittal,the applicant shall submit an
Operations and Maintenance Manual for the proposed facility for approval by the Maintenance
Services Director. The facility shall be maintained by the developer for a three-year period from
the conditional acceptance of the public improvements. A written evaluation of the operation and
maintenance shall be submitted and approved prior to acceptance for maintenance by the City.
Once the three-year maintenance period is completed,the City will inspect the facility and make
note of any problems that have arisen and require them to be resolved before the City will take
over maintenance of the facility. In addition,the City will not take over maintenance of the
facility unless 80 percent of the landscaping is established and healthy. If at any time during the
30
maintenance period,the landscaping falls below the 80 percent level,the developer shall
immediately reinstall all deficient planting at the next appropriate planting opportunity.
17. An erosion control plan shall be provided as part of the Public Facility Tmprovement(PFI)permit
drawings. The plan shall conform to the"Erosion Prevention and Sediment Control Design and
Planning Manual,December 2000 edition."
18. 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
ensure the 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.
19. The applicant shall incorporate the recommendations from the submitted geotechnical report by
GeoPacific Engineering,Inc., dated May 9,2003,into the final grading plan. The applicant shall
have the geotechnical engineer ensure that all grading,including cuts and fills,are constructed in
accordance with the approved plan and Appendix Chapter 33 of the UBC. A final construction
supervision report shall be filed with the Engineering Department prior to issuance of building
permits.
20. The design engineer shall indicate, on the grading plan,which lots will have natural slopes
between 10%and 20%, as well as lots that will have natural slopes in excess of 20%. This
information will be necessary in determining if special grading inspections and/of permits will be
necessary when the lots develop.
21. The final construction plans shall be signed by the geotechnical engineer to ensure that they have
reviewed and approved the plans. The geotechnical engineer shall also sign the as-built grading
plan at the end of the project.
22. 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.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
Submit to the Planning Department(Morgan Tracy, 639-4171, ext 2428)for review and approval:
23. Prior to approval of the final plat,the applicant shall revise the plat to accommodate a minimum
of 25 feet of frontage for all lots within the development.
24. Submit a revised street tree/landscape plan that shows an alternative tree species used for the
public street to vary the streetscape.
25. The applicant shall provide joint access within an easement or tract to Lots 28 and 29 and cause a
statement to be placed on the plat limiting additional direct vehicular access to SW 74th Avenue.
26. Provide a plat name reservation approval from Washington County.
31
27. Prior to final subdivision plat approval,the applicant shall convey title for the proposed open
space to a homeowner's association in accordance with the requirements of Section
18.350.1 I0.A.2.b of the Tigard Development Code.
Submit to the Engineering Department(Kim McMillan),639-4171,ext.2642)for review and
approval:
28. Prior to approval of the final plat the applicant shall obtain a plumbing permit for the construction
of the private storm line in the private street.
29. Prior to approval of the final plat,the applicant shall pay an addressing fee in the amount of
$900.00(Staff Contact: Shirley Treat,Engineering).
30. Prior to approval of the final plat,the applicant shall cause a statement to be placed on the final
plat to indicate that the proposed private street(s)will be jointly owned and maintained by the
private property owners who abut and take access from it(them).
31. 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 CC&R's shall additionally establish restrictions
regarding the removal of trees greater than 12 inches in diameter from any of the lots or tracts
following completion of the subdivision improvements. Trees may only be allowed to be
removed subject to a certified arborist's finding that the trees are dead, or in severe decline. The
applicant shall submit a copy of the CC&R's to the Engineering Department(Kim McMillan) and
the Planning Department(Morgan Tracy)prior to approval of the final plat.
32. Prior to approval of the final plat,the applicant shall demonstrate that they have formed and
incorporated a homeowner's association.
33. Prior to approval of the final plat,the applicant shall either place the existing overhead utility
lines along SW 74th Avenue underground as a part of this project,or they shall pay the fee in-lieu
of under grounding. The fee shall be calculated by the frontage of the site that is parallel to the
utility lines and will be $27.50 per lineal foot. If the fee option is chosen,the amount will be
$11,578.00 and it shall be paid prior to final plat approval.
34. Prior to approval of the final plat,the applicant shall provide a maintenance access road to the
facility and any drainage structures within the facility to accommodate City maintenance
vehicles. The access road shall be paved and have a structural section capable of accommodating
a 50,000-pound vehicle. The paved width shall be a minimum of 10 feet wide, and there shall be
two-foot rock shoulders provided on each side. If the maintenance roadway is over 150 feet in
length, a turnaround shall be provided.
35. 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
32
can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
36. 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 date or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact
Planning/Engineering Permit Technicians, at(503) 639-4171,ext. 426).
C. The final plat and date 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 74th 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).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
Submit to the Planning Department(Morgan Tracy, 639-4171, ext.2428)for review and approval:
37. Prior to issuance of any building permits,re-plant any area where vegetation has been removed as
a result of grading in conformance with the Clean Water Services Standards as set forth in the site
assessment file#2819,prior to obtaining building permits.
38. Prior to issuance of any building permits,the applicant shall submit plans that show one (1)off-
street parking space,which meets minimum dimensional requirements and setback requirements
as specified in Title 18,provided on-site for each new home.
39. 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.
40. Prior to the issuance of building permits,the developer shall sign a copy of the City's sign
compliance agreement.
41. Prior to the issuance of building permits the applicant shall submit a revised plan that indicates
the modified setbacks as set forth in this decision and record a copy of the approved setback plan
with the deeds for each lot.
42. 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 30-foot maximum height for primary units and 15 feet maximum for all
accessory structures.
33
43. Prior to the issuance of building permits on any lot,the applicant must provide city staff with a
letter from Clean Water Services that indicates compliance with the approved service provider
letter(#2819).
Submit to the Engineering Department(Kim McMillan, 639-4171, ext.2642)for review and
approval:
44. Prior to issuance of building permits the applicant's engineer shall provide a post-construction
sight distance certification for the new intersection at 74th Avenue.
45. 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.
46. Prior to issuance of building permits,the City Engineer shall deem the public improvements
substantially complete. Substantial completion shall be when: 1) all utilities are installed and
inspected for compliance,including franchise utilities,2)all local residential street have at least
one lift of asphalt, 3)any off-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).
47. Prior to issuance of building permits,the applicant shall provide the City with as-built drawings
of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in"DWG"
format,if available; otherwise "DXF"will be acceptable, and 3)the as-built drawings shall be
tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic
file with points for each structure (manholes, catch basins,water valves,hydrants and other water
system features)in the development, and their respective X and Y State Plane Coordinates,
referenced to NAD 83 (91).
48. Prior to issuance of building permits,the applicant shall provide the Engineering Department with
a"photo mylar"copy of the recorded final plat.
49. The applicant shall provide signage at the entrance of each shared flag lot driveway or private
street that lists the addresses that are served by the given driveway or street.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF FINAL BUILDING INSPECTION:
50. The applicant shall install street trees and an evergreen hedge of Leyland Cypress spaced no
greater than three feet on center along the northern property line of Lots 1-10 and the eastern
property line of Lots 10-12.
ADDITIONAL CONDITIONS OF APPROVAL
FOR ASH CREEK ESTATES:
51. The applicant and future owners of lots within the development shall ensure that the requirements
of CDC 18.725 (Environmental Performance Standards) are complied with at all times.
We hope the findings provided above can be included in the Final Order of the City Council regarding the
34
approval of Ash Creek Estates Subdivision. Feel free to contact us if there is any additional information
required for your report.
Sincerely,
Steve Kay
Kurahashi and Associates
cc. Morgan Tracy
Associate Planner
City of Tigard
35
Exhibit B Agenda Item: 5.
Hearing Date: July 7,2003 Time: 7:00 PM_
STAFF REPORT TO THE
PLANNING COMMISSION CITY OF TIGARDCommunity Devefopment
FOR THE CITY OF TIGARD, OREGON Shaping,4 Better Community
120 DAYS = 10/2/2003
SECTION I. APPLICATION SUMMARY
FILE NAME: ASH CREEK ESTATES SUBDIVISION
CASE NOS.: Subdivision (SUB) SUB2003-00010
Zone Change (ZON) ZON2003-00003
Planned Development Review (PDR) PDR2003-00004
Sensitive Lands Review (SLR) SLR2003-00005
Adjustment (VAR VAR2003-00036
Adjustment (VAR� VAR2003-00037
APPLICANT: Dale Richards OWNER: Ernest E. and Elda H. Senn
Winwood Construction 9750 SW 74" Avenue
12655 SW North Dakota Street Tigard, OR 97223
Tigard, OR 97223
PROJECT Kurahashi and Associates
CONTACT: Attn: Greg Kurahashi
15580 SW Jay, Suite 200
Beaverton, OR 97006
REQUEST: Approval of a 29-lot Subdivision and Planned Development on 9.3 acres. The lots
are proposed to be developed with detached single-family homes. Lot sizes within
the development are proposed to be between 4,702 and 11,616 square feet.
Sensitive Lands Review is required as the projct includes areas of steep (>25%)i
slopes, a drainageway and wetlands. The applicant s also seeking an Adjustment
to the cul-de-sac length standard, maximum number of units permitted on a
ZONING cul-de-sac, as well as an Adjustment to the street grade on SW 74t Avenue.
DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory
residential units at a minimum lot size of 7,500 square feet. Duplexes and
attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally.
LOCATION: 9750 SW 74th Avenue; WCTM 1S125DC, Tax Lots 300 and 400.
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 Ill. STAFF RECOMMENDATION
Staff recommends that the Planning Commission find that the proposed Planned Development and
street adjustments will not adversely affect the health, safety and welfare of the City and meets the
Approval Standards as outlined in this report. Therefore, Staff recommends APPROVAL, subject to
the following recommended Conditions of Approval and Findings within the staff report:
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 1 OF 37
PLANNING COMMISSION HEARING 7/7/2003
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE
IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES:
Submit tote Planning Department (Morgan Tracy, 639-4171, ext. 2428) for review and
approval:
1 Prior to site work, the applicant shall submit an arborist report with tree protection
recommendations, and shall provide the City Arborist with a construction sequence including
installation and removal of tree protection devices, clearing, grading, and paving.
2. Prior to site work, the applicant shall submit a complete set of construction documents with the
tree locations for the City Arborists review.
3. Prior to site work, the applicant shall notify the City Arborist at least 48 hours prior to
commencing construction when the tree protection measures are in place so that he may verify
that the measures will function properly.
4. Prior to site work, the applicant shall provide evidence of all necessary approvals for work
within the wetlands from US Army Corps of Engineers and the Division of State Lands.
5. Prior to site work, the drainage tract must be clearly identified in the field with permanent
(preferably with minimum 4-foot-tall black chainlink) fencing so as to insure no grading or material
is placed in this area. An fencing that is damaged during construction must be replaced prior to
final building inspection. If the damage is such that it will no longer effectively identify the tract, it
shall be replaced/reinstalled immediately.
6. Prior to site work, a signed approval shall be included with the City's construction drawing
packet.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
7. Prior to approval of construction plans, the applicant shall pothole the City of Tualatin's main
water transmission line to determine the exact location and condition of the pipe. The
applicant shall notify the City of Tigard and the City of Tualatin 48 hours prior to the pothole
inspections and when any construction activity will impact thei e (such as placement of fill
and excavation in the immediate vicinity) so that a representative from the City can be present.
8. Prior to commencing onsite improvements, a Public Facility ImprovementPFI) permit is
required for this project to cover all infrastructure and any other work in the pubic 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
Bul ding Division and should only include sheets releva-nTTo--public improvements Public Facility
Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design
Standards, which are available at City Hall and the City's web page (www.ci.tigard.or.us).
9. The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate entity who will B575esignated 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. so specify the state within which the entity is
incorporated andde the name of the corporate contact person. Failure to provide accurate
information to the�rno�viineering Department will delay processing of project documents.
10. The applicant shall provide a construction vehicle access and parking plan for approval by the
Pity 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.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 2 OF 37
PLANNING COMMISSION HEARING 7/7/2003
11. The applicant shall submit construction plans to the Engineering Department as a part of the
Public Facility Improvement permit, which Indicate that they will construct a half-street
improvement along the frontage of 74th Avenue. The improvements adjacent to this site shall
include:
A. City standard pavement section for a neighborhood route, without bike lanes, from curb to
centerline equal to 16 feet, with a minimum pavement width of 24 feet;
B. pavement tapers needed to tie the new improvement back into the existing edge of
pavement shall be built beyond the site frontage;
C. concrete curb, or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage necessary to convey surface and/or
subsurface runoff;
E. 5-foot concrete sidewalk with a planter strip (unless adjusted);
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);
L. adjustments in vertical and/or horizontal alignment to construct SW 74th Avenue in a safe
manner, as approved by the Engineering Department; and
M. right-of-way dedication to provide 27 feet from centerline.
12. The applicant's Public Facility Improvement permit construction drawings shall indicate that full
width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks,
driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street
trees, streetlights, and underground utilities shall be installed within the interior subdivision
streets. Improvements shall be designed and constructed to local street standards.
13. A profile of 74th Avenue shall be required, extending 300 feet either side of the subject site
showing the existing grade and proposed future grade.
14. The applicant's construction drawings shall show that the pavement and rock section for the
proposed private street(s) shall meet the City's public street standard for a local residential street.
15. The applicant shall obtain approval from the Tualatin Valley Water District for the proposed water
connection prior to issuance of the City's Public Facility Improvement permit.
16. Final design plans and calculations for the proposed public water quality/detention facility shall be
submitted to the Engineering Department (Kim McMillan) as a part of the Public Facility
Improvement plans. Included with the plans shall be a proposed landscape plan to be approved
by the City Engineer. The proposed facility shall be dedicated in a tract to the City of Tigard on
the final plat. As a part of the improvement plans submittal, the applicant shall submit an
Operations and Maintenance Manual for the proposed facility for approval by the Maintenance
Services Director. The facility shall be maintained by the developer for a three-year period from
the conditional acceptance of the public improvements. A written evaluation of the operation and
maintenance shall be submitted and approved prior to acceptance for maintenance by the City.
Once the three-year maintenance period is completed, the City will inspect the facility and
make note of any problems that have arisen and require them to be resolved before the City
will take over maintenance of the facility. In addition, the City will not take over maintenance of
the facility unless 80 percent of the landscaping is established and healthy. If at any time
during the maintenance period, the landscaping falls below the 80 percent level, the developer
shall immediately reinstall all deficient planting at the next appropriate planting opportunity.
17. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit
drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and
Planning Manual, December 2000 edition."
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 3 OF 37
PLANNING COMMISSION HEARING 7/7/2003
18. 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
ensure 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 Imes shall be
provided to sufficiently contain and convey runoff from each lot.
19. The applicant shall incorporate the recommendations from the submitted geotechnical report by
GeoPacific Engineering, Inc., dated May 9, 2003, into the final grading plan. The applicant shall
have the geottech engineer review and approve the construction plans for the City's review and
approval. The geotechnical engineer shall be employed by the applicant throughout the entire
construction period to ensure that all grading, Including cuts and fills, are constructed in
accordance with the approved plan and Appendix Chapter 33 of the UBC. A final construction
supervision report shall be filed with the Engineering Department prior to issuance of building
permits.
20. The design engineer shall indicate, on the grading plan, which lots will have natural slopes
between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This
information will be necessary in determining if special grading inspections and/or permits will be
necessary when the lots develop.
21. The final construction plans shall be signed by the geotechnical engineer to ensure that they have
reviewed and approved the plans. The geotechnical engineer shall also sign the as-built grading
plan at the end of the project.
22. Theapplicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS
468.740 and the Federal Clean Water ACT
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
Submit tote Planning Department organ Tracy, , ext. or review an
approval:
23. Prior to approval of the final plat, the applicant shall revise the plat to accommodate a
minimum of 25 feet of frontage for all lots within the development.
24. Submit a revised street tree/landscapeplan that shows an alternative tree species used for
either the public or private street to vary the streetscape.
25. The applicant shall provide joint access within an easement or tract to Lots 28 and 29 and
case a statement to be placed on the plat limiting additional direct vehicular access to SW
74 Avenue.
26. Provide a plat name reservation approval from Washington County.
27. Prior to final subdivision 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.
Submit to the Engineering Department (Kim McMillan, 639.4171, ext. 2642) for review and
approval:
28. Prior to approval of the final plat the applicant shall obtain a plumbing permit for the
construction of the private storm line in the private street.
29. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of
$900.00. (STAFF CONTACT: Shirley Treat, Engineering).
30. Prior to approval of the final plat, the applicant shall cause a statement to be placed on the final
plat to indicate that the proposed private street(s) will be jointly owned and maintained by the
private property owners who abut and take access from it (them).
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 4 OF 37
PLANNING COMMISSION HEARING 7/7/2003
31. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and
Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a
maintenance plan and agreement for the proposed private street(s). The CC&R's shall obligate
the private property owners within the subdivision to create a homeowner's association to ensure
regulation of maintenance for the street(s). The applicant shall submit a copy of the CC&R's to
the Engineering Department (Kim McMillan) prior to approval of the final plat.
32. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and
incorporated a homeowner's association.
33. Prior to appproval of the final plat, the applicant shall either place the existing overhead utility lines
along SW 74 th Avenue underground as a part of this project, or they shall pay the fee in-lieu of
undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility
lines and will be $27.50 per lineal foot. If the fee option is chosen, the amount will be $11,578.00
and it shall be paid prior to final plat approval.
34. Prior to approval of the final plat, the applicant shall provide a maintenance access road to the
facility and any drainage structures within the facility to accommodate City maintenance vehicles.
The access road shall be paved and have a structural section capable of accommodating a
50,000-pound vehicle. The paved width shall be a minimum of 10 feet wide, and there shall be
two-foot rock shouldersprovided on each side. If the maintenance roadway is over 150 feet in
length, a turnaround shall be provided.
35. 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 convertground
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.
36. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact
Planning/En 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 (01 t� 92.05), Washington County, and by the City of Tigard.
D. The right-of-way dedication for 74 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).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
Submit tote Planning Department organ Tracy, , ext. or review an
approval:
37. Prior to issuance of any building permits, re-plant any area where vegetation has been
removed as a result of grading in conformance with the Clean Water Services Standards as
set forth in the site assessment file #2819, prior to obtaining building permits.
38. Prior to issuance of any building permits, the applicant shall submit plans that show one (1)
off-street parking space, which meets minimum dimensional requirements and setback
requirements as specified in Title 18, provided on-site for each new home.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 5 OF 37
PLANNING COMMISSION HEARING 7/7/2003
39. 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.
40. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign
compliance agreement.
41. Prior to the issuance of building permits the applicant shall submit a revised plan that indicates
the modified setbacks as set forth in this decision (page 11) and record a copy of the approved
setback plan with the deeds for each lot.
42. 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.
44. Prior to the issuance of building permits on any lot, the applicant must provide city staff with a
letter from Clean Water Services that indicates compliance with the approved service provider
letter (#2819).
Submit to the Engineering Department (Kim McMillan, 639.4171, ext. 2642) for review and
approval:
45. Prior to issuance of building permits the applicant's engineer shall provide a post-construction
sight distance certification for the new intersection at 74M Avenue.
46. 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.
47. Prior to issuance of building permits, the City Engineer shall deem the public improvements
substantially complete. Substantial completion shall be when: 1) all utilities are installed and
inspected for compliance, including franchise utilities, 2) all local residential streets have at least
one lift of asphalt, 3) any off-site street and/or utility improvements are substantially completed,
and 4) all street lights are installed and ready to be energized. (NOTE: the City apart from this
condition, and in accordance with the City's model home policy may issue model i�ome permits).
48. Prior to issuance of building permits, the applicant shall provide the City with as-built drawings of
the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format,
if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the
City's GPS network. The applicant's engineer shall provide the City with an electronic file with
points for each structure (manholes, catch basins, water valves, hydrants and other water
system features) in the development, and their respective X and Y State Plane Coordinates,
referenced to NAD 83 (91).
49. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
50. The applicant shall provide signage at the entrance of each shared flag lot driveway or private
street that lists the addresses that are served by the given driveway or street.
IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE;
COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST:
18.430.080 Improvement agreement:
e ore City approva is ce i ie on e final plat, and before approved construction plans are issued by
the City, the SSubdivider 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
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 6 OF 37
PLANNING COMMISSION HEARING 7/7/2003
2. Include in the agreement provisions that if such work is not completed within the period specified,
the City may complete the work and recover the full cost and expenses from the subdivider.
The agreement shall stipulate improvement fees and deposits as may be required to be paid and may
also provide for the construction of the Improvements in stages and for the extension of time under
specific conditions therein stated in the contract.
18.430.090 Bond:
As require y ection 18.430.080, the subdivider shall file with the agreement an assurance of
performance supported by one of the following:
1. An irrevocable letter of credit executed by a financial institution authorized to transact business in
the State of Oregon;
2. A surety bond executed by a surety company authorized to transact business in the State of
Oregon which remains in force until the surety company is notified by the City in writing that it
may be terminated; or
3. Cash.
The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a
registered civil engineer, to assist the City Engineer in calculating the amount of the performance
assurance.
The subdivider shall not cause termination of nor allow expiration of said guarantee without having first
secured written authorization from the City.
18.430.100 Filinq and Recordin :
Within IJU days of the City review and approval, the applicant shall submit the final plat to the County for
signatures of County officials as required by ORS Chapter 92.
Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded
final plat.
18.430.070 Final Plat ARPlication Submission Re uirements:
ree 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 regon Revised Statutes 92.060, subsection (2), the centerline of all street and
roadway rights-of-way shall be monumented before the City accepts a street improvement.
The following centerline monuments shall be set:
1. All centerline-centerline intersection points;
2. All cul-de-sac center points; and
3. Curve points, beginning and ending points (PC's and PT's).
All centerline monuments shall be set during the first lift of pavement.
Monument Boxes Re wired
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.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 7 OF 37
PLANNING COMMISSION HEARING 7/7/2003
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
improvements installed y the subdivider shall be guaranteed as to workmanship and material for a
period of one year following acceptance by the City.
Such guarantee shall be secured by cash deposit or bond in the amount of the value of the
improvements as set by the City Engineer.
The cash or bond shall comply with the terms and conditions of Section 18.810.180.
18.810.150 Installation Prerequisite
No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs,
lighting or other requirements shall be undertaken except after the plans, therefore, have been approved
by the City, permit fee paid and permit issued.
18.810.180 Notice to Ci!X Required
Work shall not begin until e 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
e land divider's enginee—r—s7aTFprovide written certification of a form provided by the City that all
improvements, workmanship and materials are in accord with current and standard engineering and
construction practices, and are of high grade, prior to the City acceptance of the subdivision's
improvements or any portion thereof for operation and maintenance.
THIS APPROVAL SMALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THE
PLANNING COMMISSION'S DECISION.
SECTION III. BACKGROUND INFORMATION
Site History
e property is currently developed with one single-family residence and a couple of small
outbuildings. An effort by surrounding neighbors to acquire this property for open space purposes
was unsuccessful. A search of city records found no previous land use cases associated with this
parcel.
Vicinity Information:
e site is located 1P the northwest corner of the City limits, south of SW Taylor's Ferry Road, on the
east side of SW 74 Avenue. The property is surrounded on all sides by single-family residences on
lots that vary in size. There is a stream (Ash Creek) on the property that runs in an east west
direction along the southern property boundary. This drainageway contains wetlands and areas of
steep slopes.
Proposal Information:
The applicant is proposing to subdivide the parcel into 29 lots for single-family residences. Because
of the trees, wetlands, 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 the cul-de-sac standards limiting the
number of units on a cul-de-sac and the 200-foot maximum length permitted for a cul-de-sac.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 8 OF 37
PLANNING COMMISSION HEARING 7/7/2003
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 29-lot subdivision on 9.3 acres. The lots are to be developed
with detached single-family homes. The existing single-family home is to be demolished. Lot sizes
within the development are between 4,702 and 11,616 square feet. The applicant is also proposing to
set aside an approximate 4.15 acre open space tract for the drainageway and wetland area. A private
street cul-de-sac is also proposed to extend from the public street stub Into the property. The site is
located within the R-4.5, Low Density Residential District. Planned Developments are permitted in all
districts. The applicant has applied for conceptual and detailed planned development approval in
conjunction with the subdivision.
SUMMARY LAND USE PERMITS: CHAPTER 18.310
Defines the decision-making type to which a land-use application is assigned.
This is a Planned Development/Subdivision, which is defined as a Type III-PC Application. Adjustments
are typically Type 11 Administrative decisions and Type III sensitive lands decisions are heard by the
Tigard Hearings Officer; however, when applications are heard concurrently, the highest decision
making body will make the decision on all matters, as described below.
DECISION MAKING PROCEDURES: CHAPTER 18.390
Describes the decision-making procedures.
Type III procedures apply to quasi-Judicial permits and actions that contain predominantly
discretionary approval criteria. Type III-PC actions are decided by the Planning Commission with
appeals to the City Council. Type 111-HO actions are decided by the Hearings Officer with appeals to
City Council. In cases where both the Hearings Officer and Planning Commission are involved, the
Planning Commission has preferential jurisdiction, per Tigard Development Code (TDC) Section
18.390.080(D)(2)(a).
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. A number of nearby neighbors have
expressed interest and concern about the subject proposal; however, no comments have been
received since the application was received.
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 Develo ment Process:
Section 18.350.030 saes that TFe-r-e 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.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 9 OF 37
PLANNING COMMISSION HEARING 7/7/2003
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 18.350.070 requires compliance to specs is evelopment 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;
The lot sizes range between 4,702 and 11,616 square feet, and there are two tracts proposed to
accommodate the private street and the proposed open space. The required lot size for the R-4.5
zoning district is 7,500 square feet unless an applicant specifically requests different lot sizes through
the Panned Development (PD) process, as is the case for this proposal. The proposed lot widths
have been varied, but all are 50 feet or wider on the building portion of the lots. Average lot depths
range from approximately 68-153 feet deep. One of the lots (429) does not have adequate frontage,
and will be conditioned to be modified as described later in this report. 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.
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 lots 1-13, on the perimeter
of the project. Lots 24-27 will require a 20-foot front yard, and proposed lot 29 will require a 10-foot
south side yard, as it is considered a flag lot. The applicant has proposed specific reduced front yards
on the interior of the project to reduce the need for deeper lots and to reduce the grading necessary
to accommodate the homes. The applicant has requested that the required front yards within the
development be adjusted to 8 feet for primary structures andporches. They have indicated that the
setback to the face of garage is proposed to remain at 20 and 22.5 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 proposed reducing the side yard setbacks from 5 to 3 feet. Three feet is the
minimum separation required for UBC compliance. It should be noted that no projections, such as
chimneys or bay windows, shall be permitted to encroach into this side yard area. 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 attache single-family dwelling
facing a private street as long as the required off-street parking spaces are provided
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 10 OF 37
PLANNING COMMISSION HEARING 7/7/2003
As described above, the lotsprovide a minimum 20-foot setback to the garage. The front and rear
yards have been modified as shown in the applicant's plans, however, there are several setbacks that
require modification to comply with the code standards as they are perimeter setbacks. Lot 27 is
shown with a storm drainage easement. This will need to be set aside In a separate tract, and as
such, Lot 27 will no longer front on SW 74th, making the front yard on the new public street. A 20-foot
front yard setback will be required on this side, as It Is a perimeter setback. Lot 29 is a flag lot and is
subject to 10-foot side yard setbacks on the perimeter of the project. Additionally, staff recommends
that standard rear yard setbacks be applied to the lots that have depths of 100 feet or more (#13-19)
as a suitable building envelope has been provided through reduced front yard setbacks, and to further
protect the sensitive land resource. A summary of these changes is shown in the following table:
Table 1 . Modified Setbacks for Ash Creek PD
Lot arae Front Rear Side Lot # Garage Front Rear Side
5 8,--75- --75== 5 3'/3'
5 15' 5 3'/3'
5 15' 3'/3' 9' 15' 3'/3'
15' 3'/3' -' 15' 3'/3'
5 15' 3'/3' 3' 3'/3'
15' 3'/3' 3' 3'/3'
5 15' 3'/3' 3' 3'/3'
5 15' 3'/3' 9' 15' 3'/3'
5 15' 3'/3' 3' 3'/3'
5 15' 3'/3' 3' 3'/3'
15' 3'/3' 3' 3'/3'
15' 3'/3' 3' 3'/3'
9' 15' 3'/3' 3' 3'/3'
5 3'/3' 3 3'/5z 10'
5 3°/3°
With the changes outlined in the above table, this criterion has been met.
FINDING: Several perimeter setbacks do not meet standard code criteria. Staff recommends
against the proposed reduced rear yard setbacks on several lots where lot depths
exceed 100 feet.
CONDITIONS:
Prior to the issuance of building permits on the individual structures within this
development, the applicant shall demonstrate compliance with the setbacks outlined in
the above table. Moreover, the applicant shall submit a revised plan that indicates the
modified setbacks and record a copy of the setback plan with the deeds for each lot.
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 Y�eight for primary
units and 15 feet maximum for all accessory structures.
Other provisions of the base zone:
All other provisions ot 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.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 11 OF 37
PLANNING COMMISSION HEARING 7/7/2003
PD Approval Criteria: 18.350.100
Specific planned development aroval criteria. The Commission shall make findings that the
0 owing cri eria are sa is ie wen 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 18.410, 18.420 and 18.430, shall be
met;
The applicant has applied to subdivide the property concurrently with the planned development
approval; therefore, all subdivision criteria must be satisfied. Compliance with the subdivision
approval criteria is discussed in greater detail in Chapter 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 desi�ns and methods, if acceptable to the Commission, that promote the purpose
of this section. n 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 topography, view, and sun/wind orientation;
A maximum of 3% quality 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.
Chapter 18.795, Visual Clearance Areas;
The applicants plans show the areas for visual clearance at street intersections. These areas, as well
as the areas at the intersection of the driveways and the street will need to be maintained free from
obstructions taller than three feet in height. Any violations of this chapter will be remedied through
code enforcement.
Chapter 18.745, Landscaping and Screening;
This is a detached single-family proposal adjacent to detached 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 fo landscape at least 20% the site within a Planned
Development. The applicant has provided a street tree plan for SW 74 Avenue and proposes to
leave the open space tract in its natural state.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 12 OF 37
PLANNING COMMISSION HEARING 7/7/2003
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 with adequate width to allow parking on one side of the street.
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 each lot will be served by a driveway to a public or
private street. The minimum required width for a driveway is 10-feet, which will be assured at time of
building permit review. Theproposed private street improvements are evaluated under discussion of
compliance with street and utility standards in Chapter 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. There has been a proliferation of sign violations from
new subdivisions. In accordance with a new policy adopted by the Director's Designee, all new
subdivisions must enter into a sign compliance agreement to facilitate a more expeditious court
process for citations.
FINDING: Staff finds that the proposed development is consistent with the guidelines listed in the
Planned Development Section 18.350.100.6.2. To expedite enforcement of sign
violations, a sign compliance agreement will be required.
CONDITION:Prior to the issuance of building permits, the developer shall sign a copy of the City's sign
compliance agreement.
In addition, the following criteria shall be met:
Relationship to the natural and phVsical environment:
e s ree s, ui ings and other si e 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, wetlands, and the drains. eway that bisects the
property along the southern property boundary. The property is in forest timber deferral through
Washington County and is, therefore, not subject to the tree removal ordinance with the exception of
the trees in the sensitive lands areas.
The applicant has proposed to remove all the trees within the developable area, and retain the vast
majority of trees in the open space tract, except where public facility improvements necessitate tree
removal. While this is permissible under existing rules and no mitigation is required by the code, it is
unclear to staff how the above standard is being met when opportunities exist to preserve several
trees outside the building envelopes and grading areas. The Planning Commission will need to
determine whether the preservation of the trees within the open space tract satisfies this standard.
With regard to preservation of topography and natural drainage it's clear that effort was taken to
preserve as much as possible of these features in their natural state. The road width has been
reduced in conjunction with public easements and reduced setbacks to minimize the degree of
pdin�g reqgired to accommodate the roadway, for both the private street and the extension of SW
Y, drainageway area will be slightly impacted by the proposed (and City required) crossingof
SW 74th. This impact will be minimized by utilizing oversized culverts and retaining walls to limit the
amount of fill encroachment into the corridor.
Structures located on the site shall not be in areas subject to ground slumping and sliding;
The site is characterized with several areas of slopes greater than 25%, and in limited cases up to
50% slope. From the applicant's geotech report, there is one area where previous land slumping has
occurred, southwest of the existing residence in the open space tract. The applicant's geotech report
notes the locations of construction limits where no further geotechnical study is required which
generally coincide with the rear lot lines of lots 13-27. There are two notable exceptions, on jots 13,
'14, and 15 and between lots 22 and 23 where the slopes are steeper, and groundwater was
encountered for one of the test pits. The geotech report contains recommendations to address
stability of structures and fill on the project site, and requires further study in those two areas. The
recommendations of that report will be required as a recommended condition of approval.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 13 OF 37
PLANNING COMMISSION HEARING 7/7/2003
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 yards of lots 1-12. The
open space tract provides ample separation for air circulation and-light penetration. The street and
front yard setbacks will establish a 46-foot separation between the fronts of the homes. The side yard
setbacks have been proposed to be reduced to 3 feet which complies with the UBC without the need
for additional rated firewalls. Due to the reduced side yards, no projections into the amended side
yards will be allowed. This criterion is satisfied.
The structures shall be oriented with consideration for the sun and wind directions, where
possible; and
The proposed structures will be oriented with considerations for sun and wind to the extent practical.
The majority of the lots are oriented in a north-south direction providing for opportunities to maximize
southern glazing exposure.
Trees preserved to the extent possible. Replacement of trees is subject to the requirements of
Chapter 18.790, Tree Removal.
Trees are preserved in the open space tract to the maximum extent possible for this proposal. Trees
outside the sensitive lands area are exempt from the tree removal standards as the property is
subject to a forest deferral.
Bufferin screenina and compatibility between ad'oinin uses:
Fulffering s a e provided e ween different types of landuses, 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. 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 statedpreviously, 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 adjoiningroperties 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.
There are no specific service areas, storage areas, parking lots or mechanical devices proposed with
this development. No additional screening is required. This criterion is satisfied.
Privacy and noise:
on-residential structures which abut existing residential dwellings shall be located on the
site or be designed in a manner, to the maximum degree possible, to protect the private areas
on the adjoining properties from view and noise; Private outdoor area -- multi-family use:
Shared outdoor recreation areas -- multi-family use:
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 14 OF 37
PLANNING COMMISSION HEARING 7/7/2003
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;
Each lot will have direct frontagq to a public or private street. Staff recommends that to reduce the
number of driveways on SW 7 a Neighborhood Route, lots 28 and 29 should share access. This
will be discussed later in this report.
All circulation patterns within a development must be designed to accommodate emergency
vehicles; and
Comments from Tualatin Valley Fire and Rescue (TVF & R) 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.
Theproject fronts on SW 74th Avenue, which is a neighborhood route but has not been designated for
bike lanes. This criterion does not apply.
Landscaeing and open sace:
esi en isDevelopment: n addition to the requirements of subparagraphs (4) and (5) of
section a of this subsection, a minimum of 20 percent of the site shall belandscaped;
The open space and drainage tracts of this proposal constitute approximately 44% of the site area.
The applicant has indicated that landscaping on the lots will be accomplished by each homeowner
separately. The project will exceed the minimum 20% landscape criteria. There is no landscape plan
for the open space tract, however, areas of steep slopes that are disturbed are required to be
replanted per the recommendations of the applicant's geotech report. Areas within the drainageway
and wetlands will require mitigation replanting per the requirements of Clean Water Services and the
Division of State Lands. 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
This site does not abut a public transit route and, therefore, this criterion is not applicable.
Signs:
NO signage is proposed with this application. Any future signage will require a permit in compliance
with the sign code.
Parkin in
Ala ung 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.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 15 OF 37
PLANNING COMMISSION HEARING 7/7/2003
Parking can comply with all applicable requirements of Chapter 18.765.
Drainage:
rainage 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:
ere 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. The applicant's narrative erroneously refers
to areas of "100-year floodplain" but this is in fact areas of 25-year floodplain used to identify the
extent of the drainageway. Since there are no 100-year floodplains on the property, 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 sace:
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 property.
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:
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.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 16 OF 37
PLANNING COMMISSION HEARING 7/7/2003
Special adjustments 18.370:
Adjustments to clevelopment standards within subdivisions (Chapter 18.430). The Director
shall consider the application for adjustment at the same time he/she considers the
preliminary plat. An adjustment may be approved, approved with conditions, or denied
provided the Director finds:
The applicant is requesting an adjustment to the street improvement standards on SW 74th Avenue,
and an adjustment to the cul-de-sac standards. 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 the sidewalk to be curb tight in order to reduce the
amount of fill required in the drainsgeway area. Also, the applicant has requested an adjustment to
allow the proposed private street cul-de-sac to exceed the 200-foot length standard by 420 feet, and
to permit 23 homes on the cul-de-sac as opposed to the code maximum of 20 homes. 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 the areas of sensitive resources,
including Ash Creek, and the associated wetlands. If a 5-foot planter strip was required, then an
approximate 1,100 additional square feet of impact to the drainageway and wetland areas would
occur. The unusual circumstance for this property is the presence of the stream and the fact that the
development isrequired to cross the stream for street connectivity. In areas outside of the resource
corridor, the sidewalk will meet the public street standards for sidewalks. 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 620 feet, the presence of the sensitive lands and stream corridor limit the developable width
of the property, such that a looped street system is not feasible. The presence of existing
development to the south (Washington Square Estates), east Washington Square Estates II), and
north (the Razberry Patch) precludes future street extensions. The applicant's plans propose a public
street that will terminate at approximately 1/3 the total depth of the development site. While a
connection further east could be accommodated, the applicant's proposal provides for future
developmept potential of the northern lot, as well as, creates a better alignment for ultimate extension
of SW 73r Avenue. 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 to
eliminate the cul-de-sac. The resulting length of this cul-de-sac is the primary reason for the need to
exceed the 20 home maximum on the cul-de-sac to a total of 23 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 to
reduce impacts on the natural resources on the site. This criterion is satisfied.
The adjustment requested for the cul-de-sac length is necessary to provide access to lots 3-19 of this
subdivision. A standard dimensioned cul-de-sac bulb has been proposed to serve emergency
equipment and garbage trucks. This criterion is satisfied.
The grantingof the adjustment will not be detrimental to the public health, safety, and welfare
or injuriouso the rights of other owners of property; and
Granting 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 these adjustments. The private street will be required to meet fire district standards for
width and construction.
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 standards for street improvements and the cul-de-sac length. These adjustments
are necessary in order to develop the property as proposed.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 17 OF 37
PLANNING COMMISSION HEARING 7/7/2003
FINDING: The criteria for granting the adjustments to the street design and the cul-de-sac length
standards have been satisfied. The adjustments are requested to accommodate this
development specifically because of the natural resources and shape of the resultin
buildable area of the rot, as well as the consideration of pre-existing development
patterns in the area that would not permit compliance with the applicable chapters of the
TDC.
Zone Change: Standards for Making Quasi-Judicial Decisions: Chapter 18.380
recommenclation ora decision to approve, arprove withconditions oro deny an application
for a quasi judicial zoning map amendment sha I 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 and planned
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:
e Approval 7Uuthority 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 has not provided documentation of a plat name reservation; therefore, the applicant will
need to provide an approved plat name reservation prior to final plat approval.
The streets and roads are laid out so as to conform to the plats of subdivisions and maps of
major partitions already approved for adjoining property as to width, general direction and in
all other respects unless the City determines it is in the public interest to modify the street or
road pattern; and
There are no street stubs to this property from adjacent properties. Existing development and
topography limits the ability for this applicant to provide stubs for future road service to adjacent
properties to the east and south; however, a street stub has been provided for the property to the
north, and extension of the improvements to SW 74,nAvenue to the south is also proposed. This
criterion has been met.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 18 OF 37
PLANNING COMMISSION HEARING 7/7/2003
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, however,
the applicant will need to provide evidence that the plat name Is not duplicative of others
in Washington County.
CONDITION:Provide a plat name reservation approval from Washington County.
ZONING DISTRICT
Residential Zoninq District: Section 18.510.020
e K-4.0 zoning clistrict is designed to accommodate detached single-familyhomes with or
without accessory residential units at a minimum lot size of 7,500 square feeDuplexes and
attached single-family units are permitted conditionally. Some civic and institutional uses are
also permitted conditionally.
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 aistricts are confainea in I al5le 13.51 .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
STANDARD R-4.5 PROPOSED PD,
Minimum Lot Size
- Detached unit 7,500 sq.ft. 4,702-11,616 sq.ft.
- Duplexes 10,000 sq.ft. N/A
-Attached unit 1 N/A
Average Minimum Lot Width
- Detached unit lots 50 ft. Varies 58 ft.+
- Duplex lots 90 ft. N/A
-Attached unit lots N/A
Maximum Lot Coverage - -
Minimum Setbacks
- Front yard 20 ft. 8 ft.
-Side facing street on
corner&through lots 15 ft. 15 ft.
- Side yard 5 ft. 3 ft.
- Rear yard 15 ft. 15 ft. and 3 ft.
- Side or rear yard abutting more
restrictive zoning district - N/A
- Distance between property line
and front of garage 20 ft. 20 ft. and 22.5 ft.
Maximum Hei ht 1 30 ft. 1 30 ft.
Minimum Landscape Requirement I - 1 20% For PD Overla
[1] Single-family attached residential units permitted at one dwelling per lot with no more than five attached units in one grouping.
[2] Lot coverage includes all buildings and impervious surfaces.
FINDING: Since the proposed development is a Planned Development, these standards can be
altered to fit a specific design. It should be noted that the applicant's narrative includes
a table listin the various lot widths for each lot. The methodology utilized to establish
these lot widffhs was incorrect. The width is measured at the front and rear yard setback
and averaged to obtain the code specified lot width. In any case the lot widths exceed
the minimum requirement, and are authorized through the Olanned Development
process.
ACCESS AND EGRESS: CHAPTER 18.705
inimum access requirements for residential use: Section 18.705.030H.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 19 OF 37
PLANNING COMMISSION HEARING 7/7/2003
Access Management (Section 18.705.030.H)
3e—fc ion statesthat an access report shall be submitted with all new
development proposals which verifies design of driveways and streets are safe by meeting
adequate stacking needs, sight distance and deceleration standards as set by ODOT,
Washington County, the City and AASHTO.
The applicant's engineer indicates that sight distance will be met. Staff recommends that the
applicant's engineer provide a post-construction sight distance certification.
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.
74th Avenue is classified as a "Neighborhood Route". Taylor's Ferry Road is classified as a
"Collector' street. The proposed new intersection of 74th Avenue and Street `A' is not within the
influence area of the 74th Avenue and Taylor's Ferry Road 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 arteria
shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet.
The proposed intersection is over 280 feet away from the intersection of 74th Avenue and Barbara
Lane. Therefore, this standard is met.
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 16 OR FEWER UNITS
Dwelling Units Minimum Number of Minimum Access Width Minimum Pavement Width
Driveways Required
Or 2 1 15 feetfeet
The applicant has indicated in the narrative that each lot within the subdivision will have access to a
public or private street and that each access will meet the 15-foot access requirement. It should be
noted that staff will recommend a condition requiring joint access for lots 28 and 29, as discussed
later in this report.
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.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 20 OF 37
PLANNING COMMISSION HEARING 7/7/2003
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%.
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 165 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.
To provide for increased traffic movement on congested streets and to eliminate turning
movement problems, the Director may restrict the location of driveways on streets and require
the location of driveways be placed on adjacent streets, upon the finding that the proposed
access would cause or increase existing hazardous traffic conditions; or provide inadequate
access for emergency vehicles; or cause hazardous conditions to exist which would
constitute a clear and present danger to the public health, safety, and general welfare.
Since SW 74th is designated a neighborhood route, and will eventually be extended to connect to SW
Locust Street, it is anticipated that traffic volumes will increase on this presently dead-ended road. To
minimize traffic conflicts in this area where driveways may be difficult to see due to the vertical curves
near the stream crossing, staff recommends that the two southern lots, #28 and 29 share access
through one driveway approach. This driveway is required to be a minimum of 10 feet of paved width
within a 15-foot easement or tract.
FINDING: The proposed development can comply with all applicable access, egress, and
circulation requirements of Chapter 18.705. Joint access for lots 28 and 29 will improve
traffic safety by reducing the number of access points onto this neighborhood route
street.
CONDITIONS:
The applicant shall provide joint access within an easement or tract to Lots 28
and 29 and cause a statement to be placed on the plat restricting additional
direct vehicular access to SW 74th Avenue.
• 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.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 21 OF 37
PLANNING COMMISSION HEARING 7/7/2003
DENSITY COMPUTATIONS: CHAPTER 18.715
Density Calculation: 18.715.020
Definition of net development area.
Net eve opmen area, in acres, s all 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.
Calculatinq maximum number of residential units.
o 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 and private streets as well as areas for sensitive lands. The calculations are as follows:
Gross lot area 407,721 square feet
Public Street dedication 17,828 square feet
Private Street dedication 22,670 square feet
Drainageway 70,862 square feet
Steep Slopes 107,556 square feet
Wetlands (wholl i contained in drainageway
= DEVELOPABLE AREA: 188,805 square eet
(Before Density Transfer)
NUMBER OF LOTS: 25 lots
Residential Density Transfer
u es governinrest en is density transfer. The units per acre calculated b subtracting land
areas fisted in %ection 18.715.020 A. la - c from the gross acres may be by
to the
remaining buildable land areas subject to the following limitations:
1. The number of units which can be transferred is limited to the number of units which would
have been allowed on 25 percent of the unbuildable area if not for these regulations; and
2. The total number of units per site does not exceed 125 percent of the maximum number of
units per gross acre permitted for the applicable comprehensive plan designation.
Based on the rules for density transfer, the applicant is able to utilize 25% of the constrained lands as
part of the net developable area. In this case, the drainageway and steep slopes constitute a total of
178,418 square feet. Twenty-five percent of this area is 44,604 square feet, for a total net
developable area of 233,409 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
233,4109 T. ,500 = 31 dwelling units.
The total number of units based on 125% of the gross site acreage would be 25 lots x 125%, or 31
lots.
FINDING: The proposed 29 dwelling units do not exceed maximum density of the net developable
area. This standard is met.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 22 OF 37
PLANNING COMMISSION HEARING 7/7/2003
Calculatinci minimum number of residential units.
Ts-—required by Section 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:
25X0.80 = 20
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
o�ie Tigard Municipal Code shall apply.
Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning
district, ere shall be no use, operation or activity which results in a stack or other point-
source emission, other than an emission from space heating, or the emission of pure
uncombined water (steam) which is visible from a property line. Department of Environmental
Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply.
Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is
perms a 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
UeTe—cfable at any point beyond the property line of the use creating the odors is prohibited. DEQ
rules for odors (340-028-090) apply.
Glare and heat. No direct or sky reflected glare, whether from floodlights or from high
temperature processes such as combustion or welding, which is visible at the lot line shall be
permitted, and; 1) there shall be no emission or transmission of heat or heated air which is
discernible at the lot line of the source; and 2) these regulations shall not apply to signs or
floodlights in parking areas or construction equipment at the time of construction or
excavation work otherwise permitted by this title.
Insects and rodents. All materials including wastes shall be stored and all grounds shall be
maintained in a manner which will not attract or aid the propagation of insects or rodents or
create a health hazard.
This is a detached single-family project, which is permitted within 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 s an ars 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.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 23 OF 37
PLANNING COMMISSION HEARING 7/7/2003
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 street tree plan for the development to include the planting of 62 Red
Sunset Maples along the front of the lots facing the public and private street and along the site
frontage along SW 74t Avenue. The proposed street trees are acceptable species; however, staff
recommends a greater variety of trees be used by utilizing an alternate species along either the public
or private street. This will further distinguish the private from the public street as well. With the
change outlined above, this criterion is satisfied.
FINDING: The proposed street tree plan should offer a greater diversity of tree species.
CONDITION:Submit a revised street tree/landscape plan that shows an alternative tree species used
for either the public or private street to vary the streetscape.
Bufferinq and Screening - Section 18.745.050
Bu erng an screening is require o re uce 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 Ise as a review criterion tor 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, and Pride Disposal has signed off on the site plan for
serviceability.
OFF-STREET PARKING AND LOADING REQUIREMENTS: CHAPTER 18.765
is Chapter is app icable for deve opmen 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 29 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 Amit
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 Imes 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.
SENSITIVE LANDS: CHAPTER 18.775
The development site includes area of drainageways, associated wetlands, and steep slopes.
Development of sites that include these areas requires review through the sensitive lands criteria as
described below.
Jurisdictional wetlands. Landform alterations or developments which are only within wetland
areas that meet the jurisdictional requirements and permit criteria of the U.S. Army Corps of
Engineers, Division of State Lands, CWS, and/or other federal, state, or regional agencies, and
are not designated as significant wetlands on the City of Tigard .Wetland and Streams
Corridors Map., do not require a sensitive lands permit. The City shall require that all
necessary permits from other agencies are obtained. All other applicable City requirements
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 24 OF 37
PLANNING COMMISSION HEARING 7/7/2003
must be satisfied, including sensitive land permits for areas within the 100-year floodplain,
slopes of 25% or greater or unstable ground, drainageways, and wetlands which are not under
state or federal jurisdiction.
The wetlands within this site do not appear as significant wetlands on the City's map, but are
regulated by CWS and state agencies. A condition of approval will be imposed requiring the
necessary permits from Army Corps, Division of State Lands, and CWS be obtained.
Steep slopes. The appropriate approval authority shall approve, approve with conditions or
den y an application request for a sensitive lands permit on slopes of 25% or greater or
unstable ground based upon findings that all of the following criteria have been satisfied:
1. The extent and nature of the proposed land form alteration or development will not create
site disturbances to an extent greater than that required for the use;
2. The proposed land form alteration or development will not result in erosion, stream
sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to
life or property;
3. The structures are appropriately sited and designed to ensure structural stability and
proper drainage of foundation and crawl space areas for development with any of the
following soil conditions: wet/high water table; high shrink-swell capability;
compressible/organic; and shallow depth-to-bedrock; and
4. Where natural vegetation has been removed due to land form alteration or development, the
areas not covered by structures or impervious surfaces will be replanted to prevent erosion in
accordance with Chapter 18.745, Landscaping and Screening.
The proposed land form alteration is limited to the extent necessary to provide for a street, sidewalk,
and utilities. The applicant has attempted to limit the land alteration by narrowing the street,
eliminating the sidewalk on one side of the private street, and reducing front yard setbacks. The
predominance of the landform alteration will occur outside the stream corridor and drainageway.
Also, a geotechnical report has been performed. An erosion control and grading plan will be required as
part of the engineering approval process to Insure that grading within the steep slope areas will not result
In sedimentation or erosion, as well as avoid on or off-site adverse effects. Furthermore, the City will
require the applicant's engineer to submit the proposed construction plans to the geotechnical engineer
for review and approval prior to City approval of the construction plans. A geotechnical report has been
conducted to evaluate the suitability of the lots for building placement. The geotech report provides a
designated area where no further geotechnical evaluation is necessary, and areas where a more
detailed analysis will be required. This designation affects a portion of the private street and lots 13, 14,
15, 22, and 23. A condition is required further in this report to have the geotechnical engineer review the
proposed grading and building placements prior to final plat approval for these areas. To address
erosion concerns and removal of vegetation, the applicant will be required to submit an erosion control
pIan prior to any grading. The applicant has not indicated that areas affected by landform alterations will
e re-planted if not covered by structures or impervious surfaces, however, this will be insured by the
erosion control plan and a condition requiring areas to be re-planted prior to final building permits will be
required as part of this approval, and is furthermore required through the CWS service provider letter.
Within drainacieways. The appropriate approval authority shall approve, approve with
con ffions or deny an application request for a sensitive lands permit within drrainageways
based upon findings that all of the following criteria have been satisfied:
1. The extent and nature of the proposed land form alteration or development will not create
site disturbances to an extent greater than that required for the use;
In this case, the landform alteration will include a stream crossing to extend SW 74th Avenue. This is
a requirement of the City to improve the site frontage, provide access to the two proposed lots, anq
further implement the objectives of the City's Transportation System Plan which designates SW 74'
as a neighborhood route. The applicant hasproposed a small retaining wall to minimize the amount
of fill in the stream corridor. The extent of the disturbance is no greater than that required for the
roadway. No disturbance within the drainageway is proposed to accommodate the lots or internal
streets.
2. The proposed land form alteration or development will not result in erosion, stream
sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to
life or property;
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 25 OF 37
PLANNING COMMISSION HEARING 7/7/2003
As described previously, an erosion control and grading plan will be required as part of the engineering
approval process to Insure that grading within the steep slope areas will not result In sedimentation or
off-
erosion, as well as avoid on or site adverse effects. Furthermore, the City will require the applicant's
engineer to submit the proposed construction plans to the geotechnical engineer for review and approval
prior to City approval of the construction plans.
3. The water flow capacity of the drainageway is not decreased;
The applicant has submitted a stormwater report that shows that the capacity of the drainageway is
not affected. The applicant has proposed using an oversized box culvert to ensure that upstream
properties are not affected.
4. Where natural vegetation has been removed due to land form alteration or development, the
areas not covered by structures or impervious surfaces will be replanted to prevent erosion in
accordance with Chapter 18.745, Landscaping and Screening;
To address erosion concerns and removal of vegetation, the applicant will be required to submit an
erosion control plan prior to any grading. The applicant has not Indicated that areas affected by
landform alterations will be re-planted if not covered b structures or impervious surfaces, however, this
will be insured by the erosion control plan and a condition requiring areas to be re-planted prior to final
building permits will be required as part of this approval, and is furthermore required through the CWS
service provider letter.
5. The drainageway will be replaced by a public facility of adequate size to accommodate
maximum flow in accordance with the adopted 1981 Master Drainage Plan;
The 1981 Master Drainage Plan does not identify any public facilities for this portion of Ash Creek.
6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of
State Lands, and CWS approvals shall be obtained;
The applicant has shown approvals from Clean Water Services, but has not yet obtained U.S. Army
Corps of Engineers, and Division of State Lands approvals. These will be required prior to
commencing any site work.
7. Where land form alterations and/or development are allowed within and adjacent to the 100-
year floodplain, the City shall require the consideration of dedication of sufficient open land
area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This
area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle
pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway
plan.
There is no 100-year floodplain within or adjacent to the proposed development. This standard is
inapplicable.
FINDING: Provided the applicant complies with the following conditions, the proposal can meet the
criteria necessary to issue a sensitive lands permit on this particular site.
CONDITIONS:
Prior to the issuance of final occupancy on any building, the applicant must
provide City staff with a letter from Clean Water Services that Indicates
compliance with the approved service provider letter (#2819).
• Prior to any site work, the applicant shall provide evidence of all necessary
approvals from US Army Corps of Engineers and the Division of State Lands.
Prior to any site work, the drainage tract must be clearly identified in the field with
permanent (preferably with minimum 4-foot-tall black chainlink) fencing so as to
Insure no grading or material Is placed in this area. Any fencing that is damaged
during construction must be replaced prior to final building inspection.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 26 OF 37
PLANNING COMMISSION HEARING 7/7/2003
• Prior to final plat approval submit and receive approval for an erosion control and
grading plan for alteration on slopes exceeding 25%.
• Re-plant any area where vegetation has been removed as a result of grading in
conformance with the Clean Water Services Standards as set forth in the site
assessment file #2819, prior to obtaining building permits.
• Prior to commencing on site improvements, the applicant shall have the geotech
engineer review and approve the construction plans for the City's review and
approval.
TREE REMOVAL: CHAPTER 18.790
tree plan For-We 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.
The applicant indicates in his narrative that the property is subject to a timber deferral status and the
owner has elected to remove all of the trees on the propert that are outside the sensitive lands areas
as provided for in the Development Code, Section 18.790.050 (D)(4). There are several trees that
are Indicated for removal within the sensitive lands areas, and these trees will require separate tree
removal permits. Staff estimates that there are 74 such trees. The applicant should note that a
separate fee is required for each tree removal in a sensitive land area and based on the estimate and
current permit fees, this equates to $4,200. The applicant will need to demonstrate compliance with
the removal criteria in Section 18.790.050(A).
The applicant has not submitted an arborist report regarding the protection of the trees that will
remain on site.
FINDING The applicant has provided a tree removal plan indicating the trees proposed for removal.
There are approximately 74 trees in sensitive land areas that will require tree removal
permits. No arborist report to address the protection of the remaining trees on site has
been submitted. To ensure that the trees are preserved according to the tree removal
plan, the following conditions shall apply:
CONDITIONS:
The applicant shall submit an arborist report with tree protection
recommendations, 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.
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 s a 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.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 27 OF 37
PLANNING COMMISSION HEARING 7/7/2003
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 illustrated the
clear vision areas on the plans and included details at a larger scale fob the intersection of the private
street at the new public street, and at the new public street and SW 74t Avenue, and 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.
The applicant has submitted an impact study addressing the required elements above.
ROUGH PROPORTIONALITY ANALYSIS
Any required street improvements to certain collector or higher volume streets and the Washington
Count Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development.
Basedona transportation Impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan
II/Resolution 95-61, TIF's are expected to recapture 32percent of the traffic impact of new
development on the Collector and Arterial Street system. Effective July 1, 2003, the TIF for a
detached, single-family dwelling is $2,530. Upon completion of this development, the future builders
of the residences will be required to pay TIF's totaling approximately $73,370 ($2,530 x 29 dwelling
units). Based on the estimate that total TIF fees cover 32 percent of the impact on ma or street
improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $229,281
($73,370 divided by .32). The difference between the TIF paid and the full impact, Is considered as
unmitigated impact.
The internal streets within the subdivision are needed to allow the subdivision to develop and the
need for these streets is created by the subdivision. Because the need for the internal streets is
created by the development, the Impact of the development is directly proportional to the cost of
dedication and construction of the internal streets and not considered as mitigation for the
development impact.
With regard to off site mitigation measures, the applicant is proposing to make 3/ -street
improvements and provide a crossing over Ash Creek. The applicants estimated cost of these street
improvements along SW 741nAvenue is $250,000. Using the City's standard methodology, the
amount of mitigation provided through the applicant's street Improvements exceeds the estimated
value of the full impact from this development by approximately $94,000. This is not roughly
proportionate to the Impact of the development; however, It Is required for the proper function of the
applicant's subdivision, to provide access to the lots within the subdivision, and the applicant has
proposed this improvement.
With regard to the dedication of real propertV interests, the applicant will be required to dedicate an
additional 2 feet of right of way totaling 842 square feet for a total value of apprxim
oately $2,526.
This amount of real property dedication Is roughly proportionate to the full $229,281 impact. Although
the cost of the physical Improvements exceed the full Impact, the applicant has proposed these
improvements and is required to provide them in order to satisfy the standards of the street
improvement chapter.
Full Impact ................ .......................................................................... . 73,370=0.32) $229,281
Less TIF Assessment.. . .�29 lots x $2,530) -$73370
Less mitigated costs 74t Street Improvement........................................................................ -$250,000
Estimate of Unmitiga e mpacts -$155,91-f
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 28 OF 37
PLANNING COMMISSION HEARING 7/7/2003
FINDING: The applicant's proposed street improvements are required to address the standards of
Chapter 18.810 and to allow the subdivision to function properly. While the cost of these
improvements is not proportionate to the level of impact, the Improvements have been
proposed by the applicant. The required dedication of right of way is clearly proportionate
to the Impact of the creation of these 29 lots. Therefore, the conditions are either roughly
proportionate to the impacts sustained or required to meet the code standards and are
thereby justified.
STREET AND UTILITY IMPROVEMENTS STANDARDS: CHAPTER 18.810
Chapter 18.810 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 width planned as a
portion of an existing street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires a neighborhood
route street to have a 54-foot right-of-way width and a 32-foot paved section. Other
improvements required may include on-street parking, sidewalks and bikeways, underground
utilities, street lighting, storm drainage, and street trees.
SW 74th Avenue
Is site les a Jacent to SW 74th Avenue, which is classified as a Neighborhood Route on the City of
Tigard Transportation Plan Map. At present, there is approximately 25 feet of ROW from centerline,
according to the most recent tax assessor's map. The applicant is proposing to dedicate additional
ROW to provide 27 feet from centerline.
SW 74th Avenue is currently unimproved. There is an existing drainage way that crosses 74th Avenue
just south of the proposed intersection. There is also a 36-Inch water transmission line, owned and
operated by the City of Tualatin. The applicant's engineer found that if he designed the roadway to
meet Tigard's standard for a sag vertical curve It would require significant fill to be placed over the
water line. The City of Tualatin was not in favor of this amount of fill. Another issue Is the fact that
the more fill that is placed In the sag curve the more impact the fill has on the drainage way wetland
area. The applicant and his engineer met with representatives from Tigard, Tualatin and Tualatin
Valley Water District to discuss this issue. All parties agreed that the applicant should be permitted to
construct 74 Avenue with a steeper grade than the standard In order to minimize the impact on the
water line and the wetlands. The applicant would be required to appply for an adjustment to the grade
standard. This discussion will be covered later in this report. TY�e result of the applicant's design
proposal is that they will be constructing a 3/4-street improvement along the frontage of their site.
Adjustment for Curb-ti ht Sidewalk:
ecause of the stream cord or an associated wetlands that traverse the proposed street crossing of
SW 74 th Avenue, the applicant would like to move the sidewalk to curb-tight to reduce the width of the
street and the resulting amount of fill required to build the street. By placing the sidewalk curb tight, 5
fewer feet of width into the stream corridor Is avoided. 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."
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 29 OF 37
PLANNING COMMISSION HEARING 7/7/2003
The drainageway and wetlands in Tract A adjacent to the roadway cannot be avoided while still
providing for the street connection. The applicant has reduced the street section to the minimum
width of 24 feet and has proposed a retaining wall to limit the amount of fill and protect the roadbed
from undermining and erosion. By moving the sidewalk to the curb line, the required planting strip is
eliminated; however, additional preservation of wetlands, the stream corridor, and existing mature
trees will result. 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 applicant has proposed planting street trees on the outside of the sidewalk to maintain the street
tree p ating scheme. Staff recommends approval of this adjustment.
Future Street Plan and Extension of Streets: Section 18.810.030(F) states that a future street
pIan shall be filed which shows the pattern of existing and proposed future streets from the
boundaries of the proposed land division. This section also states that where it is necessary to
g.ve 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 plan shows that they will stub a public street to the parcel to the north. The location of
this street stub will accommodate effective development of this parcel. Staff concurs with the proposed
plan.
Street Alignment and Connections: Section 18.810.030(G) states that staggering of streets
making "T" intersections at collectors and arterials shall not be designed so that jogs of less
than 300 feet on such streets are created, as measured from the centerline of such street.
Spacing between local street intersections shall have a minimum separation of 125 feet. All
local streets which abut a development site shall be extended within the site to provide
through circulation when not precluded by environmental or topographical constraints,
existing development patterns or strict adherence to other standards in this code. A street
connection or extension is precluded when it is not possible to redesign, or reconfigure the
street pattern to provide required extensions. In the case of environmental or topographical
constraints, the mere presence of a constraint is not sufficient to show that a street
connection is not possible. The applicant must show why the constraint precludes some
reasonable street connection.
As was stated above, the steep slopes and creek to the south preclude extension of a public or
private roadway further to the west. No public street connection is proposed to the east due to the fact
that all parcels around that part of the site are fully developed with no street extensions available to
this site.
Cul-de-sacs: 18.810.030.K states that a cul-de-sac shall be no more than 200 feet long, shall not
provide access to greater than 20 dwelling units, and shall only be used when environmental or
topographical constraints, existing development pattern, or strict adherence to other
standards in this code preclude street extension and through circulation:
All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other
than circular, shall be approved by the City Engineer; and
The length of the cul-de-sac shall be measured along the centerline of the roadway from
the near side of the intersecting street to the farthest point of the cul-de-sac.
If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street
may be required to be provided and dedicated to the City.
The applicant is proposing aprivate street cul-de-sac that will be approximately 600 feet long. The
applicant has asked for an adjustment to the standard. Adjustments to provisions under 18.810 are
covered under 18.370.020.0.11, which states:
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 30 OF 37
PLANNING COMMISSION HEARING 7/7/2003
"The director shall approve, approve with conditions, or deny a request for an adjustment to the street
improvement requirements, based on findings that the adverse impact on existing development, on
the proposed development, or on natural features such as wetlands, steep slopes or existing mature
trees. In approving an adjustment to the standards, the Director shall determine that the potential
adverse impacts exceed the public benefits of strict application of the standards".
The applicant states that no practical alternatives are available to provide reasonable and efficient
access to the entire property.
The applicant proposes a private street that would have a length of approximately 500 feet. Again,
the adjustment Criteria found in TDC 18.370.020.0.11 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 967 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 south preclude any Connection to the south. Existing development to the north and east
also preclude street connections. Therefore, in order to serve the 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 29 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 applicant has applied for an adjustment to this standard, but review of their submittal shows that
the proposed street grade does not exceed 15% for over 250 feet. Therefore, an adjustment is not
required.
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 is proposing to serve lots 2-23 with a private street. Because this development is
proposed as a planned development a private street is acceptable.
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) alonN-e
ith the final plat that will Clarify how
the private property owners are to maintain the private streetThese CC&R's shall be reviewed
and approved by the City prior to approval of the final plat. City's public improvement design
standards require private streets to have a pavement section equal to a public local street. The
applicant will need to provide this type of pavement section.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be
designed with due regard to providing adequate building sites for the use contemplated,
consideration of needs for convenient access, circulation, control and safety of street traffic and
recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.6.1 states that the perimeter of blocks formed by streets shall
not exceed 1,800 feet measured along the right-of-way line except:
Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre-existing development or;
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 31 OF 37
PLANNING COMMISSION HEARING 7/7/2003
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 pre-existing adjacent development and the stream corridor, there are no further
opportunities for connections. The applicant's proposed street stub to the north will eventually
provide a block measuring approximately 1,250 feet. This standard is met.
Section 18.810.040.13.2 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 connection with the street stub to the north. There are no opportunities for a
pedestrian connection to the east or south due to pre existing development patterns. This standard is
satisfied.
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from beim 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.
Only one lot exceeds 1.5 times the minimum lot size, however this lot (#13) is 69 feet in average width
which is less that 2.5 times the lot depth of 170 feet. 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.
There are several lots around the cul-de-sac that have less than 25 feet of frontage. This will need to
be revised on the final plat so that all lots meet the minimum 25-foot standard. All other lots with the
exception of lot 29 have 25 feet of frontage onto a public or private street. This is not a standard that
can be deviated from through the planned development process. This criterion is not satisfied.
FINDING: Lots 9, 11, 12, and 29 do not have 25 feet of frontage on a public or private street.
CONDITION:Prior to approval of the final plat, 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 is proposing to construct sidewalks with their street improvements. This meets the
standard.
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.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 32 OF 37
PLANNING COMMISSION HEARING 7/7/2003
There is an exiting sewer manhole in 74th Avenue. The applicant is proposing to extend the 8 inch
line north in 74,nAvenue and then east in the new public and private streets to serve all lots. They
are stubbing a line to the north for extension with future street improvements.
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).
There is a creek on the south portion of the property. The applicant is protecting that creek by setting
the development away from the sensitive area boundary In accordance with CWS standards. The
drainage way will have no impact on the proposed new lots.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by
the City Engineer that the additional runoff resulting from the development will overload an
existing drainage facility, the Director and Engineer shall withhold approval of the
development until provisions have been made for improvement of the potential condition or
until provisions have been made for storage of additional runoff caused by the development in
accordance with the Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 2000 and including any future revisions
or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the
Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that
local governments institute a stormwater detention/effective impervious area reduction program
resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all
new developments resulting in an increase of impervious surfaces provide onsite detention facilities,
unless the development is located adjacent to Fanno Creek. For those developments adjacent to
Fanno Creek, the storm water runoff will be permitted to discharge without detention.
The site slopes to the south towards Ash Creek. The applicant has shown a new public storm system
located within the proposed public and private streets. They have also shown that a stub for future
connection will be provided to the north, serving the future north-south street. The storm system will
outlet to a pond that will provide both water quantity and quality measures, in accordance with CWS
standards, prior to discharging to Ash Creek. The applicant will need to provide access to the pond
for maintenance.
The applicant is also proposing to construct a 5-foot by 10-foot box culvert under 74th Avenue to
accommodate the crossing of Ash Creek.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed
bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for
the future extension of such bikeways through the dedication of easements or right-of-way.
74th Avenue is not classified as a bike facility.
Cost of Construction: Section 18.810.110.6 states that development permits issued for
planned unit developments, conditional use permits, subdivisions, and other developments
which will principally benefit from such bikeways shall be conditioned to include the cost or
construction of bikeway improvements.
This standard is not applicable.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 33 OF 37
PLANNING COMMISSION HEARING 7/7/2003
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.
This standard is not applicable.
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 pprior 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 74th 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 421 lineal feet; therefore the fee would be $ 11,578.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
Traffic Studv Findin s:
ra ismpac epo was submitted by CTS Engineers, Inc., dated April 30, 2003. CTS analyzed
the intersections at 74"' Avenue and Cedarcrest Street and 74 Avenue and Taylors Ferry Road.
CTS found that under existing conditions these intersections operate at Level of Service (LOS) B or
better. When this project is developed it will generate approximately 278 vehicle trips during an
average week day, with 29 trips occurring during the PM peak hours and 22 trips occurring during the
AM peak hours. CTS found that with the build out of this site and 2005 traffic conditions that these
intersections will continue to operate at LOS B or better.
CTS found that the vehicle trips will slightly inhCrease traffic volumes on surrounding streets, but will
have little impact on traffic operations along 74 Avenue, including the study intersections.
Based on the findings of the traffic impact report, staff finds that this project will not have a negative
impact on the transportation system.
Public Water System:
re is an existing D Wwater main in 74th
seAvenue. The applicant will extend a public water main
within the proposed streets. The applicant will need to obtain a permit from TVWD prior to
construction.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 34 OF 37
PLANNING COMMISSION HEARING 7/7/2003
Storm Water Qualit :
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 is roposing to provide a pond that will provide both water quantity and quality for this
project. The app icant has indicated that the pond has been designed per CWS standards.
Prior to the City accepting this facility as a public facility, the developer shall maintain it for a minimum
of three years after construction is completed. The pond shall be placed in a tract and conveyed to
the City on the final plat. The developer will be required to submit annual reports to the City which
show what maintenance operations were conducted on the facility for that year. Once the three-year
maintenance period is completed, the City will inspect the facility and make note of any problems that
have arisen and require them to be resolved before the City will take over maintenance of the facility.
In addition, the City will not take over maintenance of the facility unless 80 percent of the landscaping
is established and healthy. If at any time during the maintenance period, the landscaping falls below
the 80 percent level, the developer shall immediately reinstall all deficient planting at the next
appropriate planting opportunity.
Gradina and Erosion Control:
Design and Construction Standards also regulate erosion control to reduce the amount
of sediment and other pollutants reaching the public storm and surface water system
resulting from development, construction, grading, excavating, clearing, and any other activity
which accelerates erosion. Per CWS regulations, the applicant is required to submit an
erosion control plan for City review and approval prior to issuance of City permits.
The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System
(NPDES) erosion control permit be issued for any development that will disturb one or more acre of
land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from
the City prior to construction. This permit will be issued along with the site and/or building permit.
A final grading plan shall be submitted showing the existing and proposed contours. The plan
shall detail the provisions for surface drainage of all lots, and show that they will be graded to
insure that surface drainage is directed to the street or a public storm drainage system approved
by the Engineering Department. For situations where the back portions of lots drain away from a
street and toward adjacent lots, appropriate private storm drainage lines shall be provided to
sufficiently contain and convey runoff from each lot.
A geotechnical report was submitted by GeoPacific Engineering, Inc:, dated May 9, 2003. The
geotechnical engineer indicates that the proposed development is likely geotechnically feasible
provided the geotechnical recommendations in his report are incorporated into the design and
construction phases of the project. The recommendations of the report will need to be incorporated
into the final grading plan and a final construction supervision report must be filed with the
Engineering Department prior to issuance of building permits.
The design engineer shall also indicate, on the grading plan, which lots will have natural slopes
between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This
information will be necessary in determining if special grading inspections and/or permits will be
necessary when the lots develop.
Since the site is over 1 acre in size an NPDES permit will be required.
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 35 OF 37
PLANNING COMMISSION HEARING 7/7/2003
Address Assi nments:
T153-uty ot I igard 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 $900.00 (30 lots and/or tracts X $30/address = $900.00).
The developer will also be required to provide signage at the entrance of each shared flag lot
driveway or private street that lists the addresses that are served by the given driveway or street.
This will assist emergency services personnel to more easily find a particular home.
Survev Re uirements
e applicant's ina p a shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a
tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates can be
established by:
GPS tie networked to the City's GPS survey.
By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's
engineer shall provide the City with an electronic file with points for each structure (manholes, catch
basins, water valves, hydrants and other water system features) in the development, and their
respective X and Y State Plane Coordinates, referenced to NAD 83 91).
SECTION VII. OTHER STAFF COMMENTS
The Tigard Building Division has reviewed this proposal but did not provide any additional
comments.
The City of Tigard Arborist has reviewed the proposal, and notes that tree protection fencing will be
required for the trees to remain.
The City of Tigard Long Range Planning Division has reviewed this proposal but did not provide
any additional comments.
The City of Tigard Crime Prevention Officer has reviewed the proposal and recommended that a
monument be placed at the start of the private street identifying house addresses to reduce delays in
delivery of emergency services.
RESPONSE:The private street will be named separately from the public street. Houses will be
addressed off that private street and, therefore, separate addressing identification (as is
typical for flag lots) is not required. The developer may choose to install such signage,
however, staff believes that with the separate street name, this signage is unnecessary.
SECTION VIII. AGENCY COMMENTS
The Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following
comments:
1) FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus
access roads snail ave an unobstructed width of not less than 20 teeteet for one or two
dwelling units and out buildin s) and an unobstructed vertical clearance o not less than 13 feet 6
inches. (UFC Sec. 902.2.2Where fire apparatus roadways are less than 28 feet wide, "NO
PARKING" signs shall be installed on both sides of the roadway and in turnarounds as needed.
Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide, "NO
PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed.
Where fire apparatus roadways are 32 feet wide or more, parking is not restricted. (UFC Sec.
902.2.4)
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 36 OF 37
PLANNING COMMISSION HEARING 7/7/2003
The private street shall conform to Fire District standards.
2) 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 conform to the City of Tigard engineering standards.
3) TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 25
feet and 45 feet respectively, measured from the same center point. (UFC Sec. 902.2.2.3)
4) GRADE: Private fire apparatus access roadway grades shall not exceed an average grade of 10
percent with a maximum grade of 15 percent for lengths of no more than 200 feet. Intersections
and turnarounds shall be level (maximum 5%) with the exception of crowning for water run-off.
Public streets shall have a maximum grade of 15%. (UFC Sec. 902.2.2.6)
s) SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE HYDRANTS: Fire hydrants for single
ami'y
dwellings, duplexes and sub-divisions, shall e 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)
6) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more
than 15 feet from an approved fire apparatus access roadway. (UFC Sec. 903.4.2.4)
7) REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation
of reflective markers. The markers s all be blue. They shall be located adjacent and to the side
of the centerline of the access road way that the fire hydrant is located on. In case that there is no
center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3)
s) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for
sing e ami y dwellings an up exes s a e , ga on per minute. If the structure(s) is(are)
3,600 square feet or larger, the required fire flow shalll be determined according to UFC Appendix
Table A-III-A-1. (UFC Appendix III-A, Sec. 5)
9) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire
apparatus access roadways and fire fightinq water supe ies shall e installed and operational prior
to any other construction on the site or subdivision. (UFC Sec. 8704)
Tualatin Valley Water District has reviewed the proposal and had no objections to it.
Clean Water Services has reviewed the proposal and offered the following comments:
Roof drains from all new homes shall be collected in a public storm system and conveyed
to a water quality facility for treatement in accordance with R.O. 03-11.
Proposed modifications to flood plain elevations may have impact on development.
Design must include requirements of Service Provider Letter#2819, issued May 13, 2003.
The City of Tualatin has reviewed the proposal ,pd offered the following comments:
The City of Tualatin owns a water main in SW 74 Avenue. The proposed grade of the street means
that our line will have between 15 and 18 feet of cover. The City would like to request that before
construction plans are approved, the developer be required to pot-hole the line to determine the exact
location and condition of the pipe. Additionally, the City should be informed 48 hours prior to
construction so that a representative from the City can be present when they are impacting our pipe.
RESPONSE:This will be required as a condition of approval.
Washington County, Portland General Electric, Tigard Tualatin School District, NW Natural
Gas, Verizon, Comcast Cable, and AT&T Cable were additionally notified of the proposal but did
not respond with formal comments.
June 30 2003
PREPARED BY: Morgan I racy
Associate Planner
ASH CREEK ESTATES SUBDIVISION STAFF REPORT(SUB2003-00010) PAGE 37 OF 37
PLANNING COMMISSION HEARING 7/7/2003
EXHIBIT C
CITY Olt TIGARD, OPLEGON
RESOLUTION NO, 03-(91
A RESOLUTION TO AMEND RESOLUTION 03-55, APPRO_ WG TFM ASS CREEK. ESTATES
PLANNED DEVELOYMENF, TO CORRECT THE PZI ERENCED DATE OF TEE APPLICANT'S
LETTER ESTABL,ISFIINO�a,lE CONTITIONS OF APPROVAL,
WHEREAS,tale Planning Cor. nission reviewed the Ash Creek states Phimied Development proposal at a
public hearing at its mceth-ig of Rely 7, 2003; and
WHEREAS, the Planning Commission made motions to both deny and approve the applicatiou, both of
which failed in a 4-4 tie vote: and
WHEREAS, the by-laws of the Plaivsizig Commissim and Robert's Rules of Order specify that if qui
affirmative vote in favor of aiappliaatian is not attained, the application is denied. Since the donial,
occurred do facto,:ao findings were adopted, and the denial is wit]Loutpzejudi.ce; and
WHEREAS; the City Council hold a public hearing an the appeal of the denial on A.ugLast 12,2003 which
was continued to Scpteinber 9,2003 to tape additional testimoxiy; and
WHEREAS, the City Cnluacil reviewed the testimony, stxbinittals, azad staff'report on August 12, 2003 and
September 9,2003, and reviewed .fradiugs and conditions of approval that were prepared by the applicant,
Winwood Construction, on Ootaber28,2003; and
WHEREAS, the City Council conchtded that the proposed development with the conditions of approval as
pzepared by the applicant,wouk be in compliance with all applicable decision criteria; and
WHEREAS, the City Cotmoil adopted a resolution approving tJie Ash Creep Estates Subdivision that
included a reference to Exhibit A,the applicant's leiter dated September 26; 2003, where the correct date of
that letter and Exhibit as inck.ded wit the prcviotls resolution was in fact October 10, 2003, and Colmoil
Fvishes that the record reflect the accurate date;
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Tigard City Co-unciI approves applications SUB2003-000101PDR2003
000041ZON2003--00003ISLR2003-00005NAR2003-000361VAR2003-00037 — Ash
Crook Estates Si*division, subjeci to the conditions of approval stated in the letter dated
October 10. 2003, fram Steve Tray of K arabashi Associates to the City of Tigard,
attached with Resc hition 03-58 anal incorporatedherobi by'tbis reference.
RES OLUTION NO. 03 -&71
Page 1
SECTION 2: The Tigard City Cowicil adopts the findings stated in the Staff Report to the Planning
Commission, attached with Resolution 03-58 (as Exhibit B) and incorporated herein by
this reference. The Council further adopts the findings stated in the applicant's October
10th, 2003 letter, attached with Resolution 03-58 (as Exhibit A) and incorporated-herein
by this reference.
SECTION 3: This resolution is effective immediately upon passage.
PASSED: This day of A,10V2 m h e1 2003.
ayo - Ci Tigard
EST:
City Recorder- City of Tigard
RESOLUTION NO. 03 -
Page 2