Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
City Council Packet - 09/30/2008
'4 ' City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of the September 30, 2008 Fifth Tuesday Meeting STATE OF OREGON ) County of Washington ) ss. City , and ) being fast duly sworn (or affirmed), by oath (or affirmation), depose and say. That I posted in ➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon A copy of said Notification of the September 30, 2008 Fifth Tuesda Meeting, and a co y of aid otice being hereto attached and by reference made a part hereof, on the ,day of 008. 1- 4 Signature of Peas n who Performed o ication Subscribed and sworn-(opag6mwd) before me this day of p , 2008. IAL SEAL Sig tore of Notary blic for Oregon BYARSLIC - OREGON N NQ 427990 ES JUNE 14, 2012 Mim -N City of Tigard - Tigard G*ty Council Fifth Tuesday Meeting TIGARD CITY COUNCIL ATTENDANCE AT THE FOLLOWING MEETING: MEETING DATE: September 30, 2008, 7-9 p.m. MEETING LOCATION: City of Tigard - Public Works Building Auditorium 8777 SW Burnham Street, Tigard, OR 97223 Please forward to: ❑ Newsroom, Tigard Tunes (Pax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-294-4097) ❑ Editor, The Regal Courier ❑ Listings, The Oregonian Members of the Tigard City Council will be available for the 5th Tuesday meeting of September 30, 2008, in the Tigard Public Works Building Auditorium, 8777 SW Burnham Street., Tigard OR, to hear and discuss citizen concerns, issues, or input on Cit},related matters. Proposed discussion topics will be limited to City of Tigard issues. A trained facilitator will be present to encourage open dialogue and equal participation. Those citizens who attend will be asked to sign in. The Council might set time limits for suggested topics based on the number of topics introduced and the number of citizens who attend. Council may determine that discussion of a topic requires additional resources such as staff support, documents, or other materials to help respond to an inquiry. In such a case, Council might decide to accept the issue for further discussion or correspondence at a later time. The meeting is a public meeting and topical minutes will be kept. A quorum of Council will not be needed to conduct the meeting; in fact, lack of a quorum is likely. Fifth Tuesday meetings will begin at 7 p.m. and conclude promptly at 9 p.m. or earlier if the discussions are concluded before 9 p.m. Council encourages citizens to attend the Fifth Tuesday Meeting to take advantage of the opportunity to meet the Council members and interact in relaxed setting. For further information, please contact Deputy City Recorder Carol Krager by calling 503-639-4171, Ext 2419. Deputy City Recorder September 22, 2008 Post: Tigard City HA Tigard Pernnt Center Tigard Public Library TIGARD CITY COUNCIL FIFTH TUESDAY MEETING NOTICE Ciryof Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov Pagel TIGARD 5`I' Tuesday Council Meeting .AHidavit of Notification In the Matter of the Notification of a Fifth Tuesday meeting scheduled for September 30, 2008 from 7-9 p.m. in the Tigard Public Works Building, 8777 SW Burnham, Tigard, OR 97223 STATE OF OREGON ) Countyof Washington) ss. City of Tigard I, , being first duly sworn (or affirmed), by oath (or " 4r&,e,- , affirmation), depose and say. That I notified the following people/organizations byfax: ~ Newsroom, The Oregonian (Fax No. 503-968-6061) C!~-- Newsroom, Tigard Tunes (Fax No. 503-546-0724) and the following people/organizations bye-mail: g-'~ Oregonian Listings (Listings@news.oregonian.com) U,--' Editor, The Regal Courier (Editox@RegalCourier.com) A copy of said Notice being hereto attached and by reference made a part hereof, on the day of -e~d~ - , 20 0 Signature of Person who Pe ormed tification Subscribed and sworn~raf£~ ) before me this P~) dayof se ,mb~, 2008. is OFFICIAL SEAL w. JILL M BYARS : NOTARY C-OREGON COMMISSION NO. 4227990 7990 Sign tune of Not n'P lic for Oregon MY COM~AISSION EXPIRES JUNE 14, 2012 ~ It City o l Tigard Tigard City Council Fifth Tuesday Meeting Ji TIGARD CITY COUNCIL ATTENDANCE AT THE FOLLOWING MEETING: MEETING DATE: September 30, 2008, 7-9 p.m. MEETING LOCATION: City of Tigard - Public Works Building Auditorium 8777 SW Burnham Street, Tigard, OR 97223 Please forward to: ❑ Newsroom, Tigard Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-294-4097) ❑ Editor, The Regal Courier ❑ Listings, The Oregonian Members of the Tigard City Council will be available for the 5th Tuesday meeting of September 30, 2008, in the Tigard Public Works Building Auditorium, 8777 SW Burnham Street., Tigard OR, to hear and discuss citizen concerns, issues, or input on Cit),related matters. Proposed discussion topics will be limited to City of Tigard issues. A trained facilitator will be present to encourage open dialogue and equal participation. Those citizens who attend will be asked to sign in. The Council might set time limits for suggested topics based on the number of topics introduced and the number of citizens who attend. Council may determine that discussion of a topic requires additional resources such as staff support, documents, or other materials to help respond to an inquiry. In such a case, Council might decide to accept the issue for further discussion or correspondence at a later time. The meeting is a public meeting and topical minutes will be kept. A quorum of Council will not be needed to conduct the meeting; in fact, lack of a quorum is likely. Fifth Tuesday meetings will begin at 7 p.m. and conclude promptly at 9 p.m. or earlier if the discussions are concluded before 9 p.m. Council encourages citizens to attend the Fifth Tuesday Meeting to take advantage of the opportunity to meet the Council members and interact in relaxed setting. For further information, please contact Deputy City Recorder Carol Krager by calling 503-639-4171, Ext 2419. Deputy City Recorder September 22, 2008 Post: Tigard City Hall Tigard Permit Center Tigard Public Library TIGARD CITY COUNCIL FIFTH TUESDAY MEETING NOTICE Cityof Tigard 1 13125 SW Hall Blvd., Tigard, OR97223 503-639-4171 www.tigard-or.gov Pagel~ 09/22/2008 15:22 FAX 503 639 1471 CITY OF TIGARD 0 001 * TX REPORT ac TRANSMISSION OK TX/RX NO 0584 CONNECTION TEL 503 546 0724 SUBADDRESS CONNECTION ID TT NEWSROOM ST. TIME 09/22 15:21 USAGk T 01'06 PGS. SENT 1 RESULT OK City of Tigard Tigard City Council Fifth Tuesday Meeting TIGARD CITY COUNCIL ATTENDANCE AT THE FOLLOWING MEETING: MEETING DATE: September 30, 2008, 7-9 p.m. MEETING LOCATION: Gty of Tigard - Public Works Building Auditorium 8777 SW Burnham Street, Tigard, OR 97223 Please forward to: ❑ Newsroom, Tigard Tunes (pax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-294-4097) ❑ Editor, The Regal Courier ❑ Listings, The Oregonian Members of the Tigard City Council will be available for the 5thTuesday meeting of September 30, 2008, in the Tigard Public Works Building Auditorium, 8777 SW Burnham Street., Tigard OR, to hear and discuss citizen concerns, issues, or input on City-related matters. Proposed discussion topics will be limited to City of Tigard issues. A trained facilitator will be present to encourage open dialogue and equal participation. Those citizens who attend will be asked to sign in. The Council might set time limits for suggested topics based on the number of topics introduced and the number of citizens who attend. Council may determine that discussion of a topic requires additional resources such as staff support, documents, or other materials to help respond to an inquiry. In such a case, Council might decide to accept the issue for further discussion or correspondence at a later time. The meeting is a public meeting and topical minutes will be kept. A quorum of Council will not be needed to conduct the meeting; in fact, lack of a quorum is likely. Fifth Tuesday meetings will begin at 7 p.m. and conclude promptly at 9 p.m. or earlier if the discussions are concluded before 9 p.m Council encourages citizens to attend the Fifth Tuesday Meeting to take advantage of the opportunity to meet the Council members and interact in relaxed setting. For further information, please contact Deputy City Recorder Carol Krager by 09/22/2008 15:23 FAX 503 639 1471 CITY OF TIGARD X001 TX REPORT ~a* TRANSMISSION OK TX/RX NO 0585 CONNECTION TEL 503 968 6061 SUBADDRESS CONNECTION ID OREGONIAN ST. TIME 09/22 15:23 USAGE T 00'30 PGS. SENT 1 RESULT OK city of f Tigard Tigard City Council Fifth Tuesday Meeting TIGARD CITY COUNCIL ATTENDANCE AT THE FOLLOWING MEETING: MEETING DATE: September 30, 2008, 7-9 p.m MEETING LOCATION: City of Tigard - Public Works Building Auditorium 8777 SW Burnham Street, Tigard, OR 97223 Please forward to: ❑ Newsroom, Tigard Tunes (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-294-4097) ❑ Editor, The Regal Courier ❑ Listings, The Oregonian Members of the Tigard City Council will be available for the 5th Tuesday meeting of September 30, 2008, in the Tigard Public Works Building Auditorium, 8777 SW Burnham Street., Tigard OR, to hear and discuss citizen concerns, issues, or input on City-related matters. Proposed discussion topics will be limited to City of Tigard issues. A trained facilitator will be present to encourage open dialogue and equal participation. Those citizens who attend will be asked to sign in. The Council might set time limits for suggested topics based on the number of topics introduced and the number of citizens who attend. Council may determine that discussion of a topic requires additional resources such as staff support, documents, or other materials to help respond to an inquiry. In such a case, Council might decide to accept the issue for further discussion or correspondence at a later time. The meeting is a public meeting and topical minutes will be kept. A quorum of Council will not be needed to conduct the meeting; in fact, lack of a quorum is likely. Fifth Tuesday meetings will begin at 7 pm. and conclude promptly at 9 p.m. or earlier if the discussions are concluded before 9 p.m Council encourages citizens to attend the Fifth Tuesday Meeting to take advantage of the opportunity to meet the Council members and interact in relaxed setting. For further information, please contact Deputy City Recorder Carol Krager by • Carol Krager From: Carol Krager Sent: Monday, September 22, 2008 4:23 PM To: Webteam; 'Editor@theregalcourier.com'; 'Listings@news.oregonian.com' Subject: Tigard CC Fifth Tuesday Meeting on September 30, 2008 Attachments: Carol Krager.vcf; September 30 2008 Fifth Tuesday Meeting.pdf Attached is a notice for the Tigard City Council's Fifth Tuesday meeting scheduled for September 30, 2008. Call me if you have any questions. Thank you. _f.._ j City of Tigard 5 carol Krager , 4 + Deputy City Recorder 13125 SVI1.Hall Blvd. i Tigard, OR 972Z3 (503) 718-2419 ! carolk@bgard-or.gov ! I i 1 City o Tigard NLLa,~t Tigard Qty Council Fifth Tuesday Meetm* g TIGARD CITY COUNCIL ATTENDANCE AT THE FOLLOWING MEETING: MEETING DATE: September 30, 2008, 7-9 p.m. MEETING LOCATION: City of Tigard - Public Works Building Auditorium 8777 SW Burnham Street, Tigard, OR 97223 Please forward to: ❑ Newsroom, Tigard Times (Fax No. 503-546-0724) ❑ Newsroom, The Oregonian (Fax No. 503-294-4097) ❑ Editor, The Regal Courier ❑ Listings, The Oregonian Members of the Tigard City Council will be available for the 5th Tuesday meeting of September 30, 2008, in the Tigard Public Works Building Auditorium, 8777 SW Burnham Street., Tigard OR, to hear and discuss citizen concerns, issues, or input on City-related matters. Proposed discussion topics will be limited to City of Tigard issues. A trained facilitator will be present to encourage open dialogue and equal participation. Those citizens who attend will be asked to sign in. The Council might set time limits for suggested topics based on the number of topics introduced and the number of citizens who attend. Council may determine that discussion of a topic requires additional resources such as staff support, documents, or other materials to help respond to an inquiry. In such a case, Council might decide to accept the issue for further discussion or correspondence at a later time. The meeting is a public meeting and topical minutes will be kept. A quorum of Council will not be needed to conduct the meeting; in fact, lack of a quorum is likely. Fifth Tuesday meetings will begin at 7 p.m. and conclude promptly at 9 p.m. or earlier if the discussions are concluded before 9 p.m. Council encourages citizens to attend the Fifth Tuesday Meeting to take advantage of the opportunity to meet the Council members and interact in relaxed setting. For further information, please contact Deputy City Recorder Carol Krager by calling 503-639-4171, Ext 2419. Deputy City Recorder September 22, 2008 Post: Tigard Qty Hall Tigard Permit Center Tigard Public Library TIGARD CITY COUNCIL FIFTH TUESDAY MEETING NOTICE Ciryof Tigard 13125 SW Hall Blvd., Tigard, OR 97223 503-639-4171 www.tigard-or.gov Pagel Agenda Item No. . Meeting of~~©~ ~i► FIFTH TUESDAY MINUTES - SEPTEMBER 30, 2008 City of Tigard Public Works Building, 8777 SW Burnham St., Tigard OR 7:00 p.m. Present: Mayor Dirksen, Councilors Buehner, Wilson, Sherwood and Woodruff Facilitator: Basil Christopher Staff: Carol Krager Citizens on Sign-up Sheet: Steve Yurecko, Fred Ban, Stephanie Fekete, Javier Sanchez, Kaitlin Jaensch, Kristen Tabor, Charles & Julia Hajduk, Jim Parsons, Christopher Zoucha and Dave Bacon 1. Tree Mitigation Issue - McDonald Woods Steve Yurecko said he was a developer for the Windridge Homes Subdivision, McDonald Woods. He gave Council copies of Tigard Community Development Code Chapter 18.70 (Tree Removal) and his Notice of Decision, dated June 7, 2005. He said they are having difficulty with getting their refund. He outlined steps the developers have taken to meet their initial tree mitigation plan and said the City's arborist changed the rules mid-process. Councilor Wilson said they need to find out who their planner is, as that staff person is the one to interpret the development code, not the arborist. Mayor Dirksen said the Community Development Director will be notified that they'll be contacting them 2. Safer Biking in Tigard Kristin Tabor, 12355 SW James, Tigard spoke about the lack of bike lanes in the Fowler Middle School area. She said the unsafe conditions for bicyclists on Walnut and Fonner Streets are unacceptable. Mayor Dirksen noted that many Tigard streets were platted in the days before sidewalks and bike lanes were required. He said the City is aware of problems and looks for opportunities to address them. Both Walnut Street and 121" are on the short list to get improvements. He said one option is for neighborhoods to create their own Local Improvement Districts (LID) through the City to raise funds to make improvements in their areas. He noted that citizens can go on-line to view the City's Community Investment Program (CIP) which lists street projects. Ms. Tabor commented that it seemed the City was proud about the traffic congestion based on information posted on the City's website. Council said recent materials, including traffic "trading cards" were produced to draw attention to Tigard's traffic problems and get the notice of ODOT, Metro and legislators. Ms. Tabor asked if the future improvements to Burnham Street would include bike lanes. Mayor Dirksen said there would not be bike lanes because the speed limit on Burnham is only 25 mph and there are wide sidewalks. He said bicyclists will be encouraged to take the improved Fanno Creek Trail which runs parallel to Burnham Fifth Tuesday Meeting Minutes FINAL - September 30, 2008 n Safety concerns were raised about the Fanno Creek Trail (between Main Street and Hall Boulevard) including criminal activities and the condition of the path. It was suggested that Tigard police patrol the area on bikes. A teenager said the Fanno Creek path substrate is acceptable for mountain bikes but can compromise newer commuter bike tires. Council said the Fanno Creek Park Master Plan will redesign the path and surrounding area to make it safer. Facilitator Christopher said Tigard will be updating the Transportation System Plan in the near future and public comment will be sought. He urged everyone to give their input. 3. American Cancer Society Relay for Life Charles and Julia Hajduk are organizing the Tigard/Tualatin Relay for Life fundraising event for the American Cancer Society. The dates will be June 13 or 14, 2009 at a location yet to be determined. They will be speaking to different organizations in Tigard to drum up support. Teams can be formed with neighbors, co-workers and friends, etc. Council invited them to speak during the Citizen Communication portion of a regular Council meeting which will be televised. Mayor Dirksen also suggested they attend a Chamber of Commerce meeting. Facilitator Christopher suggested posting their information on the new Tigard Neighborhood websites. 4. Tigard Tree Lighting Tigard Chamber of Commerce Chief Executive Officer Christopher Zoucha requested a. $1,000 contribution from the City for the annual Tigard tree lighting on Main Street and Highway 99W. He said the event was scheduled for December 5 but they are considering moving it to Saturday, December 6 so more people can attend. As before, Santa Claus will arrive in a fire truck and participate by "lighting" the tree. Mayor Dirksen said Council cannot make a decision on committing funds at this meeting and encouraged him to bring his request to the next City Council Business meeting. Councilor Woodruff asked the audience if they had any issues with the City paying for a Christmas activity. No concerns were voiced. Troop 419 Boy Scout Leader Dave Bacon said his troop recycles Christmas trees. Mayor Dirksen said this particular tree is a living tree. He noted however, that the City is occasionally in need of a group to do a flag ceremony and asked if Troop 419 would be interested. Troop Leader Bacon said his troop would be honored to do so and even has a bugler available, if needed. 5. Other Bike Path and Biking Issues Jim Parsons said the portion of the Fanno Creek Trail recently paved (between North Dakota and Tigard Streets) is cracking and tree roots heaving the path are still a problem. Mr. Parsons requested that "Bikes on Roadway" signs be posted on the east side of the 99W viaduct. (There are currently signs only on the west side.) Fifth Tuesday Meeting Minutes FINAL - September 30, 2008 2 A Boy Scout asked if the same signs could be put on Beef Bend Road. Council advised that the road is not within the Tigard city limits and he should call King City or Washington County. Councilor Buehner asked the scouts to remind their friends and classmates not to wear headphones when riding bikes. The meeting was adjourned at 8:05 p.m Fifth Tuesday Meeting Minutes FINAL- September 30, 2008 3 FIFTH TUESDAY SIGN-IN Meeting Date: Tuesday, September 30, 2008 7:00 PM SHEET Facilitator: Place: Public Works Building Auditorium Basil Christopher PRINT Name Address TOPIC 3D 7Z 6V3 ? d' V-3 Z 9o~.~Ko Lr-gd,-.-rll )OD 2 09 3 C/ do 5~Ph6rz( lea -7 s'~ z 5w 1AvnZ~tcI'-rRC vo~ a/K~ of G cL - &Q23 Sw lotA eL !r~s / Art54,, ~r %LL Ile, Ca,, 433 is\adm\city council\fifth tuesday meeting sign in sheet.doc080930 Page 1 of 1 30 { ao o l Chapter 18.790 Sections: TREE REMOVAL 18.790.010 Purpose 18.790.020 Definitions 18.790.030 Tree Plan Requirement 18.790.040 Incentives for Tree Retention 18.790.050 Permit Applicability 18.790.060 Illegal Tree Removal 18.790.010 Purpose A. Value of trees. After years of both natural growth and planting by residents, the City now benefits from a large number of trees. These trees of varied types add to the aesthetic beauty of the community, help clean the air, help control erosion, maintain water quality and provide noise barriers. B. Purposes. The purposes of this chapter are to: 1. Encourage the preservation, planting and replacement of trees in the City; 2. Regulate the removal of trees on sensitive lands in the City to eliminate unnecessary removal of trees; 3. Provide for a tree plan for developing properties; 4. Protect sensitive lands from erosion; 5. Protect water quality; 6. Provide incentives for tree retention and protection; and 7. Regulate commercial forestry to control the removal of trees in an urban environment. C. Recognize need for exceptions. The City recognizes that, notwithstanding these purposes, 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. 18.790.020 Definitions A. Definitions. The following definitions apply to regulations governing the preservation and removal of trees contained in this chapter exclusively: 1.- "Canopy cover" means the area above ground which is covered by the trunk and branches of the tree; 2. "Commercial forestry" means the removal of ten or more trees per acre per calendar year for sale. Tree removal undertaken by means of an approved tree removal plan under Section 18.790.030 is not considered commercial forestry under this definition; Tree Removal 18.790-1 SE Update: 10104 3. "Hazardous tree" means a tree which by reason of disease, infestation, age, or other condition presents a known and immediate hazard to persons or to public or private property; 4. "Pruning" means the cutting or trimming of a tree in a manner which is consistent with recognized tree maintenance practices; 5. "Removal" means the cutting or removing of 50 percent (50%) or more of f-a crown, trunk or root system of a tree, or any action which results in the loss of aesthetic or physiological viability or causes the tree to fall or be in immediate danger of falling. "Removal" shall not include pruning; 6. "Tree" means a standing woody plant, or group of such, having a trunk which is six inches or more in caliper size when measured four feet from ground level; 7. "Sensitive lands" means those lands described at Chapter 18.775 of the title. B., General rule. Except where the context clearly indicates otherwise, words in the present tense shall include the future and words in the singular shall include theplural. 18.790.030 Tree Plan Requirernent 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: 1. 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 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. 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. Tree Removal 18.790-2 SE Update: 10104 C. Subsequent tree removal. Trees removed within the period of one year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060D. 18.790.040 Incentives for Tree Retention A. Incentives. To assist in the preservation and retention of existing trees, the Director may apply one or more of the following incentives as part of development review approval and the provisions of a tree plan according to Section 18.790.030: 1. Density bonus. For each 2% of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan, a 1% bonus may be applied to density computations of Chapter 18.715. No more than a 20% bonus may be granted for'any one development. The percentage density bonus shall be applied to the number of dwelling units allowed in the underlying zone. This bonus is not applicable to trees preserved in areas of floodplain, slopes greater than 25%, drainageways, or wetlands that would otherwise be precluded from development; 2. Lot size averaging.. To retain existing trees over 12 inches in caliper in the development plan for any land division under Chapter 18.400, lot size may be averaged to allow lots less than the minimum lot size allowed by the underlying zone as long as the average lot area for all lots and private open space is not less than that allowed by the underlying zone.. No lot area shall be less than 80% of the minimum lot size allowed in the zone; 3. Lot width and depth. To retain existing trees over 12 inches in caliper in the development plan for any land division under Chapter 18.400, lot width and lot depth may be reduced up to 20% of that required by the underlying zone; 4. Commercial/industrial/civic use parking. For each 2% of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan for commercial, industrial or civic uses listed in Section 18.765.080, Minimum and Maximum Off- Street Parking Requirements, a 1% reduction in the amount of required parking may be granted. No more than a 20% reduction in the required amount of parking may be granted for any one development; 5. Commercial/industrial/civic use landscaping. For each 2% of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan, a I% reduction in the required amount of landscaping may be granted. No more than 20% of the required amount of landscaping may be reduced for any one development. B. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. Tree Removal 18.790-3 SE Update: 10104 C. Site development modifications granted as incentives. A modification to development requirements granted under this section shall not conflict with any other restriction on the use of the property, including but not limited to easements and conditions of development approval. D. Design modifications of public improvements. The City Engineer may adjust design specifications of public improvements to accommodate tree retention where possible and where it would not interfere with safety or increase maintenance costs. 18.790.050 Permit Applicability A. • Removal permit required. Tree removal permits shall' be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 18.775. The permit for removal of a tree shall be processed as a Type I procedure, as governed by Section 18.390.030, using the following approval criteria: 1. Removal of the tree must not have a measurable negative impact on erosion, soil stability, flow of surface waters or water quality as evidenced by an erosion control plan which precludes: a: Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge or as a result of the action of erosion; b. Evidence of concentrated flows of water over bare soils; turbid or sediment-laden flows; or evidence of on-site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on site using the techniques of Chapter 5 of the Washington County Unified Sewerage Agency Environmental Protection and Erosion Control rules. 2. Within stream or wetland corridors, as defined as 50 feet .from the boundary of the stream or wetland, tree removal must maintain no less than a 75% canopy cover or no less than the existing canopy cover if the existing canopy cover is less than 75%. B. Effective date of permit. A tree removal permit shall be effective for one and one-half years from the date of approval. C. Extension. Upon written request by the applicant prior to the expiration of the existing permit, a tree removal permit shall be extended for a period of up to one year if the Director finds that the applicant is in compliance with all prior conditions of permit approval and that no material facts stated in the original application have changed. D. Removal permit not required. A tree removal permit shall not be required for the removal of a tree which: 1. Obstructs visual clearance as defined in Chapter 18.795 of the title; 2. Is a hazardous tree; 3. Is a nuisance affecting public safety as defined in Chapter 7.40 of the Municipal Code; 4. Is used for Christmas tree production, or land registered with the Washington County Assessor's office as tax-deferred tree farm or small woodlands, but does not stand on sensitive lands. Tree Removal 18.790-4 SE Update: 10104 E. Prohibition of commercial forestry. Commercial forestry as defined by Section 18.790.020 A.2., excluding DA. above, is not permitted. 18.790.060 Illegal Tree Removal A. Violations. The following constitute a violation of this chapter: 1. Removal of a tree: a. Without a valid tree removal permit; or b. In noncompliance with any condition of approval of a tree removal permit; of c. In noncompliance with any condition of any City permit or development approval; or d. In noncompliance with any other section of this title. 2. Breach of a condition of any City permit or development approval, which results in damage to a tree or its root system. B. Remedies. If the Director has reason to believe that a violation of this chapter has occurred, then he or she may do any or all of the following: 1. Require the owner of the land on which the tree was located to submit sufficient documentation, which may include a written statement from a qualified arborist or forester, showing that removal of the tree was permitted by this chapter; 2. Pursuant to Section 18.390.050., initiate a hearing on revocation of the tree removal permit and/or any other permit or approval for which this chapter was an approval standard; 3. Issue a stop order pursuant to Section 18.230 of this title; 4. Issue a citation pursuant to Chapter 1.16 of the Municipal Code; 5. Take any other action allowed by law. C. Fines. Notwithstanding any other provision of this title, any party found to be in violation of this chapter pursuant to Section 1.16 of the Municipal Code shall be subject to a civil penalty of up to $500 and shall be required to remedy any damage caused by the violation. Such remediation shall include, but not be limited to, the following: 1. Replacement of unlawfully removed. or damaged trees in accordance with Section D below; and 2. Payment of an additional civil penalty representing the estimated value of any unlawfully removed or damaged tree, as determined using the most current International Society of Arboriculture's Guide for Plant Appraisal. D. Guidelines for replacement. Replacement of a tree shall take place according to the following guidelines: 1. A replacement tree shall be a substantially similar species taking into consideration site characteristics; Tree Removal 18.790-5 SE Update: 10104 2. If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value; 3. If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one or more replacement trees to be planted on other property within the City, either public property or, with the consent of the owner, private property; 4. The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. E. In lieu-of past. In lieu of tree replacement under Section D above, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. F. Exclusivity. The remedies set out in this section shall not be exclusive.■ Tree Removal 18.790-6 SE Update: 10104 k...:. NOTICE- OF TYPE II DE C S10 N SUBDIVISION' (SUB) 2005-00005 CITY OFTIOARD: ty Communi, PO *nt r. MCDONALD. WOODS SUBDIVISION: skaprngABettercvmmunity 120 DAYS = 9/9/2005 (Includes a 30-day extension) SECTION I. APPLICATION SUMMARY FILE NAME: MCDONALD WOODS SUBDIVISION CASE NOS.: Subdivision (SUB) SUB2005-00005 Sensitive Lands Review SLR SLR2005-00002 Sensitive Lands Review SLR SLR2005-00003 Sensitive Lands Review SLR SLR2005-00004 Adjustment (VAR) VAR2005-00049 REQUEST: The applicant is requesting approval -for a 16 lot, single-family Subdivision of approximately 3.94 acres and three (3) Sensitive Lands Reviews Tor steep slopes, wetlands, and drainageways. This request also includes an Adjustment.to the street spacing, standards of Section 18.705.030.h.3 and 4 which states the minimum spacing of driveways and streets along a collector shall be 200 feet. Proposed 92" avenue is approximately 120 feet from the existing driveway on the opposite side of the street. APPLICANT: LanPacific, Inc. OWNER:. Arlie L. & Irene Mawhirter, TRS Attn: Brian Keefer 13960 SW 100th Avenue 1001 SE Water Avenue, Suite 360 Tigard, OR 97223 Portland, OR 97214 OWNER: Fred Ball • 1975 NW 167th Place, Suite 100 Beaverton, OR 97006 COMPREHENSIVE PLAN DESIGNATION: R-4.5; Single-Family, Low-Density Residential. ZONE: R-4.5: Low Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory, residential units at a minimum lot size of 7,50Q square feet. Duplexes and attached single- family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 9125 and 9265 SW McDonald Street; WCTM 2S102DC, Tax Lots 2300 and 2400. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.430 18.510 18.705, 18.715, 18.725, 18.745, 18.765, 18.775 (Comprehensive Plan Policies ~ and 4), 18.780, 18.790, 18.795 and 18.810. SECTION 11. DECISION . ,Nqt); y~ er by given that the City;.: of Tigard ;Community::Q:evelopment :Directors dell 9' nee' has ~ R© Ep ttie above requestaub}ect to certaimc:onditio~is of approval.The findings an conclusions or : itch t(ie,decision is based:are:.noted in :Section Vl.-of this;`Decision 7 NOTICE OF DECISION PAGE 1 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION CONDITIONS OF APPROVAL TI IFQLLQU1IlNG CONDITIONS:. SHALL. BE $ATISFIED :PRIOR TO`.:COMMENCING ANY ONSITE {M~f(EII~NTS, INCLUDING DEMOLITION, GRADING; EXCAVATION AND/OR.FILL.ACTIVITIES: The applicant shall prepare a cover letter an su mi it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 1. Acknowledge in writing that the applicant understands the Environmental Performance Standards of Section 18.725 of the Tigard Development Code shall be maintained and any violation of these standards will constitute a violation of code. 2. Submit and implement a revegetation plan that addresses the criteria of 18.745.060.13 and C (Re- vegetation). .3. 'Provide documentation that Compliance with CWS's "Special Conditions" has been obtained. .4. Prior to site work the applicant must obtain tree removal permits for the 38 viable trees located on slopes greater than 25 percent or revise the tree removal/mitigation plan in order to save additional trees. 5. Prior to commencing site work, the applicant shall submit a cash assurance for the equivalent value of mitigation required. 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 cash assurance may be corres ondingly reduced. Any trees planted on the site or off site in accordance with 18.790.060 will be credited against the cash assurance, for two ears following final plat approval. After such time, the applicant shall pay the remaining value ofthe cash assurance as a fee in-lieu of planting. 6. Prior to commencing any site work, the applicant shall submit construction drawings that include the approved Tree Removal, Protection and Landscape Plan. 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. 7. Prior to commencing any site work, the applicant shall establish fencing as directed b, 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 performin 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. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 8. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this project to cover street improvements and any other work in the public right-of-way. Eight ,/8) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.ci.tigard.or.us). NOTICE OF DECISION PAGE 2 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION 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 a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 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 associated with the project. 11. 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. A private street name may also be posted to meet this condition. 12.. 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 McDonald Street. The improvements adjacent to this site shall include: A. City standard pavement section for a Collector street from curb to centerline equal to 23 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 6 foot concrete sidewalk with a 5 foot planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping;. H. streetlight layout by applicant's engineer, to be approved by City Engineer; 1. underground utilities; J. street signs (if applicable); K. driveway apron (if applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW McDonald Street in a safe manner, as approved by the Engineering Department. 13. The applicant's Public Facility Improvement permit construction drawings shall indicate that full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street trees, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. 14. The applicant's plans shall provide a revised, dimensioned detail of the eyebrow corner that is in compliance with the Washington County design standards. 15. A profile of McDonald Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 16. No lots shall be permitted to access directly onto McDonald Street. 17. The construction plans shall indicate access for Lot 1 is to be located as far east as possible on Braydon Court, the access for Lot 7 is to be located as close to Lot 8 as possible, the access for Lot 8 is to be located on Andrew Terrace and the access for Lot 16 is to be located as close to Lot 15 as possible. NOTICE OF DECISION PAGE 3 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION 18. 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. 19. The applicant's plans shall show "No Parking This Side of Street" signs along one side of the interior public street(s). These same signs shall be place on both sides of the private streets. 20. The applicant's plans shall be revised to include bike lane markings along the McDonald Street frontage. 21. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. 22. 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 landscappe plan .to be approved by the City Engineer. The proposed facility shall be dedicated in a tract tb 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 ap roust 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. 23. The applicant shall provide a maintenance access road to the water quality detention facility and an drainage structures within the facility to accommodate Cittyy maintenance vehicles. The .access road shall be paved and have a structural section capaI 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. 24. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 25. 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 s reet and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. 26. The applicant shall incorporate the recommendations from the submitted geotechnical report by Thomas McCormack, dated January 19, 2005, into the final grading plan. The geotechnical engineer shall be employed by the applicant throughout the entire construction period to ensure that all grading, including cuts and fills, are constructed in accordance with the approved plan and .Appen gix Chapter 33 of the UBC. A final construction supervision report shalPbe filed with the Engineering Department prior to issuance of building permits. 27. 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. NOTICE OF DECISION PAGE 4 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION 28. 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. 29. 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 ~ r u PRIOR TO'APPROVAL OF THE FINAL PLAT: The applicant s a prepare a cover letter an su mrt it, a ong with any supporting ocumen and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 30. Provide and implement a plan that shows the proposed hammerhead of SW Braydon Ct. to be 70 feet in length: Due to the additional amount of area needed for the hammerhead, the applicant will also be required to provide documentation that the average lot size of the subdivision is still 7,500 square-feet or above. 31. 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 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, 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 can 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. 32. Place a note on the final plat that no structures, fences, retaining walls or vegetation over three feet will be placed in the.vlsual clearance triangles. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVI-SION, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 33. Prior to final plat approval, 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). 34. Prior to final' plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley Treat, Engineering). 35. The final plat shall include a non-access reservation along the frontage of McDonald Street, except at the approved location of 92nd Terrance and the future 93rd Avenue extension. 36. The final plat shall indicate access for Lot 1 is to be located as far east as possible on Braydon Court, the access for Lot 7 is to be located as close to Lot 8 as possible, the access for Lot 8 is to be located on Andrew Terrace and the access for Lot 16 is to be located as close to Lot 15 as possible. NOTCE OF DECISION PAGE 5 OF 40 SUB2005-00005 -MCDONAID WOODS SUBDIVISION 37. 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). 38. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private 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. 39. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. 40. The applicant shall either place the existing overhead utility lines. along SW McDonald Street underground as a art of this project, or they shall pay the fee in-lieu of undergrounding The fee shall be calculatedby the frontage of the site that is parallel to the utility lines and will be $35.00 Fer, lineal foot. If the fee option is chosen, the amount will be $18,194.75 and it shall be paid prior o final plat approval. .41. Prior to final plat approval, the applicant shall pay a fee-in-lieu of constructing 93rd Avenue half- street improvements to the City. 42. 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. 43. 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 Plannin~/Engineering Permit Technicians, at (503) 639-4171, ext. 2421). C. The fna pia and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05),. Washington County, and by the City of Tigard. D. The right-of-way dedication for McDonald Street and 93 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). 44. Prior to final plat approval, the applicant's engineer shall provide final sight distance certification for the intersections of McDonald Street/92nd Terrace, 92nd Terrace/Braydon Court and Hillview Street/Andrew Terrace. sr' '~s'- :e. THE FOLLOWING' CONDL .IONS SHALLBE { T . $ATISFIEp tit .s zs ".a ,,PRIOR TO 1SS.UANCEOF;BIJILDINC~ F.ERMITS' R r The app ican s a prepare a cover letter an submit it, along wit any supporting . documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 5039-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: NOTICE OF DECISION PAGE 6 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION 45. Remove all existing structures prior to recording the final plat. 46. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign compliance agreement. 47. Provide certification that a geotechnical engineer has reviewed and approved the final project plans and specifications in order to assure that earthwork and foundation recommendations have been properly interpreted and implemented. 48. Provide a tree mitigation plan for a total of 391-inches. 49. 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. 50. 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 houses. 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. The applicant shall prepare a cover letter and submit it, along with any supportin documents and/or plans that address the following requirements to the ENGINEERING DIVI ION, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 51. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 52. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public improvements substantially complete. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2 all local residential streets have at least one lift of asphalt, 3 any off site street and/or utility improvements are substantially completed, and 4) all street lights are installed and ready to- be energized. (NOTE: the City apart from this condition, and in accordance with the City's model home policy. may issue model home permits). I,,;ADD~TYON,THE APPLICANT SHOULD BE. AWARE..OF THE. FOLLOWING SECTIONS OF THE E~,~IILIUN~TII DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. NOTICE OF DECISION PAGE T OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION 18.430.090 Bond: As require by Section 18.430.080, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered. civil engineer, to assist the City Engineer in calculating the amount of the performance assurance.. . The. subdivider shall not cause termination of nor allow expiration of said guarantee without having first. secured written authorization from the City. 18.430.100 Filin and Recordin : Within 60 days o the I 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 A lication Submission Requirements: ree copies o e subdivision p a prepare by a an surveyor licensed to practice in Oregon, and necessary data or narrative. The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05),. Washington County, and by the City of Tigard. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation n actor ante with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set: 1. All centerline-centerline intersection points; 2. All cul-de-sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes con ormmg to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.810 Street & Utility Improvement Standards: 18.810.120 Utilities uti Ity lines including, but not limited to those required for electric, communication, lighting and cable .All 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. NOTICE OF DECISION PAGE 8 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDMSION 18.810.130 Cash or Bond Required improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or. bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No an division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to City Required oDrk shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 1.8.810.200 Engineers Certification e an divider's engineer s a provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are * of high, grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. `THIS APPROVAL SHALL: BE VALID FOR R 18 MONTHS FROM THE EFFECTIVE. DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Histo : Staff conducted a search of City records and found no other land-use cases associated with .the subject parcel. Site Information and Proposal Descri tion: The subject parcels are eve ope with one single-family home on each lot. The applicant is requesting approval for a 16 lot, single-family Subdivision of approximately 3.94 acres and three (3) Sensitive Lands Reviews for steep slopes, wetlands, and drainageways. Vicinity Information: T e subject site is located on the north side of SW McDonald Street. The zoning of the subject site and surrounding parcels is R-4.5 Low Density Residential. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The City sent notice to property owners within 500 feet of the subject proposal. The concerns of the neighbors are as follows: The grading of the Greensward Subdivision across the street caused excessive vibration. A' provision that makes the developer responsible for the damage to adjoining property owners should be included in the decision. Staff Response: The applicant is responsible for noise, visible emissions, vibrations, odors, glare and heat and insects and rodents. Any violation of the mentioned environmental standards is enforceable under the Tigard Development Code. NOTICE OF DECISION PAGE 9 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION The existing 93`d Street access to SW McDonald Street is vry hazardous due to the evergreern trees on the property at the SW corner of McDonald and 93"3 Avenue. The extension of SW 93' Avenue will most likely make it even more hazardous. Staff Respose: The subject site is located on the north side of SW McDonald Street. The applicant is responsible for site distances certification for the project which does not include the southwest corner of McDonald and 93rAvenue. SECTION V. SUMMARY OF APPLICABLE CRITERIA A'summary of the. applicable criteria in this case in the Chapter order in which they are addressed in this decision are as follows: A. Subdivision 18.430 B. A licable Development Code Sections (Residential zoning districts) 18.705 Access, Egress and Circulation) 18.715 Density) 18.725 Environmental Performance Standards) 18.730 Exceptions to Development Standards) 18.745 Landscaping and screening) 18.765 Off-street parking and loading requirements) 18.780 (Signs) 18.790 Tree removal) 18.795 (Vision clearance) . C. Street and Utility Improvement (Street an Utility improvement Standards) D. Decision Makin Procedures 18.390 mpac u y E. Tigard Comprehensive Plan SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. SUBDIVISION GENERAL PROVISIONS (18.430): Future Re-Division. When subdividing tracts into large lots, the Ap rival Authority shall require that the lots be of such size and shape as to facilitate future revision in accordance with the requirements of the zoning district and this title. No large lots are created with the proposed subdivision. Lot one is the largest lot in the subdivision at 11,536 square feet and is not large enough to be subdivided under the 7,500 square foot minimum lot size for the zone. Therefore, this standard is met. LotAveraggingg Section 1.8.430.020.D states Lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. The applicant has proposed to use the lot averaging option. The average of all lots is 7,626 square feet without including Tract C and D (water quality pond and vegetated corridor). The smallest lot (lot #12) is 6,027 square feet, which exceeds 80% of the 7,500 square foot minimum lot size. This standard is met. NOTICE OF DECISION PAGE 10 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION Temporary sales office. Temporary sales offices in conjunction with any subdivision may be granted as set forth in Chapter 18.785, Temporary Uses. The applicant has not proposed a sales office; however, if one is later requested, it will be reviewed through a separate temporary use permit process. Minimize flood damage. All subdivision proposals shall be consistent with the need to minimize flood damage. Due to the topography of the site, storm water is anticipated to leave the site and not cause flooding. Storm drainage facilities will be reviewed by Clean Water Services and also by the City for conformance with design and construction standards and is addressed later in this decision under Engineering's analysis. Floodplain dedications. Where land filling and/or development is allowed within and adjacent to the 100-year floodplain outside the zero-foot rise floodway, the City shall require consideration of the dedication of sufficient open land area fora reenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within. the floodplain in accordance with the adopted pedestrian bicycle pathway plan. The site is not within or adjacent to the 100-year floodplain. This standard is not applicable. Need for adequate utilities. All subdivision proposals shall have public utilities and facilities such as sewer, gas,. electrical, and water systems located and constructed to minimize flood damage. The subject site has a north/south slope with a water quality tract at the southeast portion of the project. Utilities will be provided from the proposed extension of SW 92nd Avenue. As mentioned above, the site is not near any 100-year floodplain. Therefore, this standard has been satisfied. Need for adequate drainage. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. The proposed development application includes a preliminary utilities plan and drainage report. According to Kim McMillan, engineer with the City of Tigard, these documents provide for adequate drainage through a storm water collection system to reduce exposure to flood damage. Determination of base flood elevation. Where base flood elevation has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other. proposed developments which contain at least 50 lots or five acres (whichever is less). Base flood elevation data is not required for the proposed subdivision. The proposed site is. approximately 3.94 acres. According to the standard, developments under five acres are exempt from this criterion and floodplain maps indicate clearly that the subdivision is not near the floodplain. Therefore, this standard does not apply A roval Criteria - Prelimina Plat: The. propose pre iminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations. Compliance with the specific regulations and standards of the zoning ordinance will be addressed further within this decision. The proposed Vat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 9The applicant has provided documentation that the proposed plat name is not a duplicative. Therefore, this standard has been satisfied. NOTICE OF DECISION PAGE 11 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION The Streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions or subdivisions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern. Streets and roads are discussed in greater detail under Tigard Development Code (TDC) Chapter 18.705, Access, Egress and Circulation) and Chapter 18.810 (Street and Utility Improvement Standards). An explanation has been provided for all common improvements. The applicant's narrative provides the necessary explanation for all common improvements. Therefore, this standard has been satisfied. Section 18.430.060A. authorizes the granting of adjustments for subdivisions in accordance with 1.8.430.050, provided that the application shall be made with a preliminary plat a f with.the criteria for granting such adjustments are contained in Section 18.370.020 C~ The applicant has applied for an adjustment to the street spacing standards of 18.705, which are addressed below under 18.370 (Variances and Adjustments). Therefore, this standard has been satisfied. FINDING: Based on the.analysis above, the subdivision standards have been satisfied. B. APPLICABLE TIGARD DEVELOPMENT CODE SECTIONS Variances and Adjustments (18.370) The applicant as reques a an a tustment to the street spacing standard (200 feet is the minimum spacing of driveways and streets along a collector). The proposed location of SW 92" Terrace is approximately 120 feet from anexisting driveway on the south side of SW McDonald Street (a collector). Street S acin 'Adiustment: e Director may approve, approve with conditions, or deny a request for an adjustment from the access requirements contained in Chapter 18.705, based on the following criteria: (1) It is not possible to share access; Adljacent properties are developed as single-family homes with residential driveways. The requested subdivision approval requires a public street. The applicant cannot reposition the street and meet the spacing requirement due to existing driveways along SW McDonald Street.' Therefore, it is not possible to share access with adjoining properties.. (2) There are no other alternative access points on the street in question or from another street; Based on the location of the existing streets along SW McDonald on either side of the project, there are no alternatives to share access Oat would comply with this standard. The closest street on the north side of SW McDonald (SW 87 Avenue) is currently 1,070 feet to the east of the subject site. Based on this, there are no alternative access pants available. (3) The access separation requirements cannot be met; As stated previously, there are no alternatives that would meet the separation requirements. The closest street is 1,070 feet to the east. Therefore, this standard is satisfied. (4) The request is the minimum adjustment required to provide adequate access; The proposed street is 240 feet from SW 93`d Avenue to the west, which is the most appropriate and safest location feasible. Therefore, the requested adjustment is the least needed to provide adequate access. This criterion has been satisfied. NOTICE OF DECISION PAGE 12 OF 40 SUB2005-00005- MCDONALD WOODS SUBDNISION (5) The approved access or access approved with conditions will result in a safe access; and The approved access will meet sight distance as required by the Engineering Department. (6) The visual clearance requirements of Chapter 18.795 will be met. Visual clearance will be assured by the provisions of 18.795. There are no indications from the evidence submitted that such visual clearance is not obtainable. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. Residential Zoning Districts 18.510 Lists f e description ot the residential Zoning District. Uses The site is located in the R-4.5: Low-Density residential zoning district. The proposed household living is a permitted use in the R-4.5 zone. Minimum and Maximum Densities Density is addressed later in this decision under 18.715 (Density Computation). The R-7 zonin district has the following dimensional requirements: 1 h~ 4~ ~ n ¢ ti s.~j~ ".1C~''Y; ~ v ~ #n S m " S ~ .Z, f~7i_`: x~,: k~-'v, d`•.,,v> ' inimum Lot Size Detached unit 7,500 sq. ft. Duplexes 110,000 s .ft. verage Minimum o Width Detached unit lots 50 ft. Duplex lots 90 ft. -Maximum of coverage - Minimum Setbacks Front yard 20 ft. Side facing street on corner & through lots 15 ft. Side yard 5 ft. Rear yard 15 ft. Side or rear yard abutting more restrictive zoning district VMaximum istance between property line and front of garage 20 ft. ei nimum Landscape e uiremen - [1] Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. [2] Lot coverage includes all buildings and impervious surfaces. The proposed lots range in size from 6,027 square feet to 11,536 square feet. However, the average lot size for the overall subdivision is 7,626 square feet. All lots meet the minimum lot width requirements, based on the dimensions provided on the plan. The applicant will be required to comply with the setbacks and building height requirements during the building permit review process for the homes on individual lots. All lots within this subdivision are for single-family units. This is not a planned development; therefore, the setbacks are as prescribed by the base zone. FINDING: Qased on the analysis above, the residential zoning district dimensional standards are satisfied. Access E ress and Circulation (18.705) L ap er 18. .705 standards and regulations. for safe. and efficient vehicle access and egress on a site and .for general circulation within the site. Table 18.705.1 states that the minimum vehicular access and egress for single-family dwelling units on individual lots shall be one,. 10-foot paved driveway within a 15-foot-wide accessway. The minimum access width for 3-6 dwelling units is 20 feet with 20 feet of pavement. NOTICE OF DECISION PAGE 13 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION Access and egress to each lot created by the proposed subdivision would be directly onto proposed SW 92 Terrace, Andrew Terrace and Braydon Ct. Actual driveway widths to the homes will be reviewed during the building permit phase of the development. This standard has been satisfied. Access plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. Scaled site plans have been submitted that indicate how the requirements of access, egress, and circulation are met. Joint access. Owners of two or more uses,. structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and Copies of the deeds, easements, leases or contracts are placed on. permanent file with the City. Joint access has not been proposed. Each lot will have its own access onto the proposed streets. Therefore, this standard does not apply. Public street access. All . vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. All lots will have access to proposed 92nd Terrace either directly or through one of the proposed private streets (Andrew Terrace or Braydon Court). Therefore, this standard has been satisfied. Curb cuts shall be in accordance with Section 18.810.030N. Curb cuts will be addressed under Chapter 18.810 Street and Utility Improvements Standards later in this decision. Required walkwa location. On-site pedestrian walkways shall comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; Within all attached housing (except two-family dwellings) and multi-family developments, each residential dwelling shall be connected by walkway to the vehicular parking area, and common open space and recreation facilities; Wherever required walkways cross vehicle access driveways or parking lots, such crossinggs shall be designed and located for pedestrian safety. Required walkways shall be Physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian' crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; NOTICE OF DECISION PAGE 14 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. This proposal is for a detached single-family development, this standard does not apply. Inadequate or hazardous access. Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed would cause or increase existing hazardous traffic conditions; or would provide inadequate access for emergency vehicles; or would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety and general welfare. The lots within this subdivision will be providing .access to a public street (SW 92"d Terrace). Tualatin Valley Fire and' Rescue and Tigard Police have been notified of the proposed subdivision and have not indicated a hazard. The proposed extension of SW 92"d Terrace will be required. to meet City design standards. The Director has not determined that Planning Commission 'review is necessary for building permits. With regard to streets and street intersections, these issues are addressed under TDC Chapter 18.810 (Street and Utility Improvement Standards). This criterion has been satisfied. Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged. Direct access to major collector or arterial streets 'shall be considered only if there is no practical alternative way to access the site. The proposed single-family lots will have access via a proposed public street (SW 92"d Terrace) which will connect to SW McDonald Street which is collector- Therefore, no single-family lot will have direct access.to a major collector or arterial. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Single-family and duplex dwellings are exempt from this requirement. This criterion does not apply to the proposed single-family dwellings. Access Management Section 18.705.030.H) ec ion saes a an access report. shall. be submitted with all new development proposals which verifies design of driveways and streets are safe b meetingg adequate stacking needs, sight distance and deceleration standards as set I3y ODOT, Washington County, the City and AASHTO. The applicant's engineer has provided preliminary sight distance certification. The en Ineer states that sight distance exceeds 500 feet in both directions at the proposed intersection of _S2nd Terrace and McDonald Street, thereby exceeding the required sight distance. The engineer also states that the internal intersections of the private streets with the proposed public street will meet the sight distance requirement. The applicant's engineer shall provide a post-street construction (final) sight distance certification for the same three intersections discussed above. 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 intersectin street to the throat of the proposed driveway,. The setback may be greater depending upon he 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. NOTICE OF DECISION PAGE 15 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION The applicant states that no driveways are proposed in the influence area of a Collector intersection. The frontage for Lots 1, 7, 8 and 16 are within 150 feet of the proposed intersection of 92n' Terrace and McDonald Street. Therefore, the driveway for Lot 1 shall be located as far east as possible on Braydon Court, the driveway for Lot 7 shall be located as close to Lot 8 as possible, the driveway for Lot 8 shall be located on Andrew Terrace and the driveway for Lot 16 shall be located as close to Lot 15 as possible, thereby meeting the criterion that driveways be placed as far from the intersection as possible. Section 18.705.030:H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. The proposed location of 92"d Terrace is approximately 240 feet east of 93`d Avenue. However, there is a driveway on the south side of McDonald Street that is approximately 120 feet from the proposed street. The applicant has applied for an adjustment to the spacing standard, which has been addressed above, under 18.370 (Variances and Adjustments). The proposed future connection of 93~d Avenue and Hillview Street is approximately 125 feet, thereby meeting the spacing standard for local streets along local streets. Minimum access requirements for residential use. Vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual lots and multi-family residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2; The. access and egress into the site itself is discussed later in this decision under the Street and Utility Improvements Standards section of this decision. Access to individual lots will be reviewed for compliance during the building permit phase. Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; No multi-family structures are proposed with this application. Therefore, this standard does not apply. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform fire Code; Individual driveways will be reviewed at time of building permit. Therefore, this standard is satisfied: Section 18.705.030.H.4 states that 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 or 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%. Proposed Andrew Terrace is approximately 135 feet in length. Proposed Braydon Court is 240 feet in length. and has been shown to be constructed with a hammerhead that is 56 feet deep and is 22. feet in width. However, Tualatin Valley Fire and Rescue has indicated under Section VIII (Agency Comments) that the proposed hammerhead must be a minimum of 70'feet deep. Therefore the applicant is required to provide and implement a plan that shows. the proposed hammerhead of SW Braydon Ct. to be 70 feet in length. Due to the additional amount of area needed for the hammerhead, the applicant will also be required to provide documentation that the average lot size of the subdivision is still 7,500 square feet or above. FINDING: Based on the analysis above, the Access, Egress and Circulation standards have been met. NOTICE OF DECISION PAGE 16 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION CONDITION: Provide and implement a plan that shows the proposed hammerhead of SW Braydon Ct. to be 70 feet in length. Due to the additional amount of area needed for the hammerhead, the applicant will also be required to provide documentation that the average lot size of the subdivision is still 7,500 square feet or above. Densit Computations and Limitations: Uffa-pter 18.715 implements the Comprehensive Plan by establishing the criteria for determining the number of dwelling units permitted. The number of allowable dwelling units is based on the net development area. The net area is the remaining parcel area after exclusion of sensitive lands and land dedicated for public roads or parks. The net area is then divided by the minimum lot size permitted by the zoning district to determine the number of dwelling units that may be developed on a site. Based on the formulas in Chapter 18:715 of the City of Tigard Community Development Code, the maximum and minimum number of units permitted on the site are based on the net developable area, subtracting sensitive land areas, land dedicated to public parks, land dedicated for public right-of-wa , and land for private streets from the total site area. Of the total site area (171,655 square feet, 39,058 square feet will be dedicated to public and private street right-of-ways, 11,439 square feet for slopes greater than 25 percent and 5,051 square feet for dramageways. This results in a net developable area of 116,107 square feet. Therefore, the maximum number of.units permitted on this site based on 7,500 square foot lots is 15.48 or 15 and the minimum number of lots is 12. However, . the applicant has chosen to transfer the number of units that would have been allowed on 25 percent of the unbuildable area on the property (Tract "D" drainageways and slopes greater than 25%) back into the "buildable" area of the subdivision. In this case, the number of units that would have been allowed on 25 percent of the unbuildable area (16,491 x 25%= 4,123 / 7,500 square feet ) is .54 units. Adding the .54 units that would have been allowed on 25 percent of the unbuildable land to the 15.48 units allowed, increases the maximum density to 16 units. The applicant's proposal is to build 16 lots for single-family detached homes, which meets the density requirements of the R-4.5 zone. The applicant will be required to remove the existing homes prior to the recording of the final plat. FINDING: Based on the analysis above, the Density Standards have not been satisfied. If the applicant complies with the condition below, the standard will be met. CONDITION: Remove all existing structures prior to recording the final plat. Environmental performance standards (18.725): These standards require that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 oTEF Tigard Municipal Code shall apply. Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning district, ere s "a 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. Nd 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 e ec ble at an point beyond 0 the property line of the use creating the odors is prohibited. DEQ rules for odors ( ) apply. NOTICE OF DECISION PAGE 17 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall.be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. This is 'a detached single-family project, which is permitted within the R-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 Tigard's' Code Enforcement Officer. FINDING: Based on the analysis above, the Environmental Performance Standards have not been met. If the Applicant complies with the condition below, the standards will be met. CONDITION: Acknowledge in writing that the applicant understands the Environmental Performance Standards of Section 18.725 of the Tigard Development Code shall be maintained and any violation of these standards will constitute a violation of code. Landscaping and Screening (18.745) Section States a existing vegetation on a site shall be protected as much as possible. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and the plants to be saved shall be noted on the landscape plans (e.g. areas not to be disturbed can be fenced, as in snow fencing which can be placed around individual trees). According to the applicant, the site's existing vegetation consists mainly of trees. The arborist report dictates specific protection measures to ensure protection of trees proposed for retention. Tree protection is discussed in greater, detail later in this decision under 18.790 (Tree Removal). Therefore, this standard is satisfied. Section 18.745.040.C requires that street trees be planted in conjunction with all development that fronts a street or driveway more than 100 feet long. A proposed planting list must be submitted for review by the Director since certain trees can damage utilities streets and sidewalks or cause personal injury. This section also contains specific standards for spacing of street trees as follows: Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall be spaced no greater than 20 feet apart; Medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be spaced no greater than 30 feet apart; and Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 40 feet apart; The applicant has proposed to plant Raywood Ash as street trees which are medium sized trees planted 30 feet apart. Therefore, this standard has been satisfied. Section 18.745.050 contains the provisions and requirements for buffering and screening. The Buffering and Screening Matrix (Section 18.745.1) does not require buffering or screening when a single-family detached residential use is adjacent to existing detached single-family uses. Therefore, this section does not apply. . Section 18.745.060 contains the provisions for re-vegetation where natural vegetation has been removed through grading.. Such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. NOTICE OF DECISION PAGE 18 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION The applicant has not addressed the provisions of reve etation. Therefore, the applicant is required to submit a revegetation plan that addresses the criteria of 18.745.060.6 and C (Re-vegetation). FINDING: Based on the analysis above, the landscaping and screening standards have not been met. If the Applicant complies with the condition below, the standards will be met. CONDITION: Submit and implement a revegetation plan that addresses the criteria of 18.745.060.13 and C (Re-vegetation). Off-Street Parkin and Loading Re uirements J18.765): Chapter 18.1165, Table 18.765.2 requires that sing e- amity residences be provided with one (1) off-street parking space for each dwelling unit. Compliance with this standard will be enforced during the building permit review process. Since the Code requires 20 feet from the property line to the face of a garage, this will insure that at least one car can park off of the street, outside of any garage. FINDING: Because each individual home will be reviewed for compliance with this standard during the building permit phase and it is feasible that this standard will be met by providing driveways and garages, the Off-Street Parking and Loading requirements nave been satisfied. Signs 18.780 Chapter 15. regulates the placement, number and design criteria for signage. 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: To ensure compliance and 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. Sensitive Lands (18.775): e Director shall have the authority to issue a sensitive lands permit in the following areas by means of a Type 11 rocedure, as governed in Section 18.390.040, using approval criteria contained in Section 8.775.070: The subject site of the proposed subdivision has been identified with slopes that are greater than 25%, natural drainageways and wetlands. Therefore, the criterion of Section 18.775.070.C.D and E have been addressed below. Steep Slo es e 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; According to the applicant, the extent of the proposed development (home foundations) will not create site disturbancees to an extent greater than that required for the use. The applicant has provided a geotechnical report that makes findings and recommendations for slope stabilization and construction methods. Therefore, the applicant is required to provide certification that a geotechnical engineer has reviewed and approved the final project plans and specifications in order to assure that earthwork and foundation recommendations have been properly interpreted and implemented. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and of-site effects or hazards to life or property; NOTICE OF DECISION PAGE 19 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION As mentioned above, a geotechnical report was submitted by Thomas McCormack, P.E. which states that the site is suitable for development. Recommendations have been made by Mr. McCormack that address subgrade preparation, wet weather construction, compacted fill, footings for buildings, base beneath concrete slabs, retaining wall design, asphalt pavements, permanent cut and fill slopes, detention pond design, temporary excavations, slopes, grading and drainage. The applicant has been conditioned above, to verify that these recommendations have been followed. Therefore, this standard has been satisfied. 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 The applicant's geotechnical report addresses site preparation and foundation support and the applicant has been conditioned above, to verify that the recommendations of the geotechnical report have been followed. Therefore, this standard has been satisfied. 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 applicant has indicated that areas not covered by structures or impervious surfaces will be replanted. A reveggetation plan in accordance to 18.745 060.6 and C has been conditioned above under 18.745.(Landscaping and Screening). Therefore, this standard has been satisfied. FINDING: Based on the analysis above, the Sensitive Lands standards have not been met. If the applicant complies with the condition below, the standards will be met. CONDITION: Provide certification that. a geotechnical engineer has reviewed and approved the final project plans and specifications in order to assure that earthwork and foundation recommendations have been properly interpreted and implemented. Within drains ewa s e appropriate approval authority shall 'approve, approve with conditions or deny an application request for a sensitive lands permit within drainageways based upon findings that all of the following criteria have been satisfied: The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the use; The applicant has shown the drainageway and associated buffer within a separate tract (Tract "D") A natural resource assessment has been performed on the site's natural area and has been included in the submittal information. According to the assessment, the proposed sidewalk and retaining wall in support of the sidewalk will not encroach into the vegetation corridor of the existing drainageway. No encroachment into the vegetated corridor has been verified within the Clean Water Services provider letter. Based on this analysis, the criterion has been satisfied. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; The applicant has been conditioned above under 18.745 (Landscaping and Screening) to provide a revegetatlon plan that addresses the criteria of 18.745.060.13 and C (Methods for revegetation) in order to minimize erosion during and after initial site work. The applicant has also been conditioned to provide certification that a geotechnical engineer has reviewed and approved the final project plans and specifications in order to assure that earthwork and foundation recommendations have been properly interpreted and implemented, which will ensure no adverse impact to the on-site natural area. Therefore, this standard has been satisfied. NOTICE OF DECISION PAGE 20 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION The water flow capacity of the drainageway is not decreased; The proposed subdivision will be developed with a storm water management pond as required by the Tigard Development Code and Clean Water Services. The storm water management pond will capture runoff generated from any new impervious surfaces proposed. Therefore, the water flow capacity of the associated drainageway will not be decreased by the proposed development. 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 applicant has been conditioned earlier in this decision to submit a revegetation plan that addresses the criteria of 18.745.060.13 and C (Re-vegetation). Therefore, this standard has been satisfied.. The drainageway will be replaced by a public facility of adequate size to accommodate maximum fl-ow in accordance with the adopted 1981 Master Drainage Plan; The drainageway will remain in-place. The 1981 Master Drainage Plan shows the existing drainageway to have adequate capacity. Therefore, this standard is satisfied. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; The applicant has provided a service provider letter from Clean Water Services. The United States Army Corps of Engineers and Division of State Lands were notified, however, no comments were received. Where landform alterations and/or development are allowed within and adjacent to the 100- year floodplain, the City shall require the consideration of dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan.. The proposed land form alteration is not adjacent to a 100-year floodplain. Therefore, this standard does not apply. FINDING: Based on the analysis above, the Drainageway standards have been met. Within wetlands 18.775.070 (E): The Direc or s a approve, approve with conditions or deny an application request for a sensitive lands ermit within wetlands based upon findings that all of the following criteria have been satisf ed: The proposed land form alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within the vegetative corridor established per "Table 3.1 Vegetative Corridor Widths" and Appendix C: Natural Resources Assessments" of the CWS "Design and Construction Standards", for such a wetland; Based on information on the Comprehensive Plan Floodplain and Wetland Map, and Table 3.1 Vegetative Corridor Widths, no wetlands exist on the subject parcels. A portion of the CWS Water Quality Buffer associated with the adJacent wetland to the east does exist on the subject site. However, the applicant has shown the buffer located in a tract. Therefore, no alteration or construction except for the required enhancement by CWS will take place in the buffer. This criterion has been satisfied. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than the minimum required for the use; NOTICE OF DECISION PAGE 21 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION As mentioned above, no alterations to the CWS vegetated corridor will take place except for enhancement as conditioned by CWS. Clean Water Services has issued a Service Provider Letter with "Special Conditions" attached to the letter. The applicant will be conditioned to provide documentation that Compliance with CWS's "Special Conditions" has been obtained. Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated; No encroachments into the associated wetland or buffer area have been proposed by the applicant. The only work to be done in the vegetative corridor will be required enhancement. Therefore, drainage will not be altered by the proposed development. Where 'natural vegetation has been removed due to land form alteration or development, erosion control provisions of the Surface Water Management program of Washington County ious surfaces will be replanted in must be met and areas not covered by structures or imperv like or similar species in accordance with Chapter 18.745, Landscaping and. screening. The applicant has been conditioned to provide a revegetation plan in accordance to 18.745.060.6 and C Landscaping and Screening) of the Tigard Development Code. The applicant has also been conditioned to provide certification that all geotechnicaI recommendations have been followed and that all CWS conditions of approval have been satisfied. Therefore, this standard has been satisfied. All other sensitive' lands requirements of this chapter have been met; Slopes greater than 25 percent and drainageways have been addressed above. Therefore, this. standard has been satisfied. The necessary U.S. Corp of Engineers and State of Oregon Land Board, Division of Sate Lands, and CWS approvals shall be obtained. Clean Water Services has reviewed the applicant's proposal and has attached conditions of approval to the service provider letter. Notice was sent to the Oregon Division of State Lands and the U.S. Army Corp of Engineers. No comments were received. The provisions of Chapter 18.790, Tree Removal shall be met; Tree removal is discussed in detail below (18.790 Tree Removal). This standard has been satisfied. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks Recreation and Open Space policies of the Comprehensive Plan have been satisfied. Tigard's Comprehensive Plan policies are addressed below under Section (E). This standard has been met. FINDING: Based on the analysis above, the Wetland Standards will be met, if the applicant complies with the condition listed below: CONDITION Provide documentation that Compliance with CWS's "Special Conditions" has been obtained. Tree Removal (18.790): 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. NOTICE OF DECISION PAGE 22 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of. Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a.. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b.. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that. two-thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; C. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. 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. The applicant has submitted an arborist report and tree plan identifying all trees greater than six inches in diameter. A tree removal, mitigation and protection plan has also been submitted. According to the narrative, there are a total of 83 viable trees. Based on Staff's analysis of the "Tree Removal Table," there are 87 viable trees (trees greater than 12 inches) thirteen of which are hazardous leaving 74 trees viable for mitigation. The "Tree Removal Table" indicates that, of the 74 viable trees, 33 are to be removed. Therefore, 56 percent of the viable trees greater than 12 inches are to be retained, requiring 50 percent of the inches removed to be mitigated. There are a total of 782 viable inches. Therefore, the applicant is required to revise the mitigation plan to reflect 391 inches of mitigation. The Demolition and Tree Removal Plan shows 68 trees (trees 112 through 130 and 741 through 791) to be located on slopes that are greater than 25%. The "Tree Removal Table" (sheet 133) indicates that 53 of the trees mentioned are to be removed. However, fifteen of the trees on slopes greater than 25 percent have been deemed hazardous byy the roject arborist. According to 18.790.050.D (Removal permit not required) hazardous trees do note require a removal permit. Therefore, the applicant will only need 38 tree removal permits, or revise their tree removal/mitigation plan in order to save additional trees. FINDING: Based on the analysis above, and comments provided by the City's Arborist under Section VII (Other Staff Comments) the Tree Removal standards can be met, provided the applicant complies with the conditions listed below: CONDITIONS: Provide a tree mitigation plan for a total of 391-inches. Prior to site work the applicant must obtain tree removal permits for the 38 viable trees located on slopes greater than 25 percent or revise tree removal/mitigation plan in order to save additional trees. NOTICE OF DECISION PAGE 23 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION • Prior to commencing site work, the applicant shall submit a cash assurance for the equivalent value of mitigation required. 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 cash assurance may be correspondinggI reduced. Any trees planted on the site or off site in accordance with 18.790.060 (D will be credited against the cash assurance, for two years following final plat approval. After such time, the applicant shall pay the remaining value of the cash assurance as a fee in-lieu of panting. • 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. • Prior to commencing any site work, the applicant shall submit construction drawings that include the approved Tree Removal, Protection and Landscape Plan. The plans- shall also include a construction sequence including installation and removal of tree protection .devices, clearing, gradin , and paving. Only those trees identified on. the approved Tree Removal plan are aullhodzed 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 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, 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 TPTs or the Tree Protection Plan is not being followed by. the contractor, the City can 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. Vision Clearance: Chapter 18.795 applies to all development and requires that clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways and at the intersection of a public street and a private driveway. A visual clearance area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. NOTICE OF DECISION PAGE 24 OF 40 SUB2005-OOdO5 - MCDONALD WOODS SUBDIVISION The applicant has indicated the vision clearance areas on the Grading and Erosion Control Plan. The applicant will be required to place a note on the final plat that no structures, fences, retaining walls or vegetation over three feet will be placed in the visual clearance triangles. FINDING: Based on the analysis above, the vision clearance standards have not been met. If the applicant complies with the condition below, the standard will be met. CONDITION: Place a note on the final plat that no structures, fences, retaining walls or vegetation over three feet will be placed in the visual clearance triangles. C - STREET AND UTILITY IMPROVEMENTS STANDARDS (SECTION 18.810): Street And Utility Improvements Standards (Section 18.810): Chapter 18. prove es construction tandards or iiie 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 3-lane Collector street to have a 70 foot right-of-way width and 46-foot paved section. Other improvements reqquired may include on parking, sidewalks and bikeways, underground utilities,. street lighlting, storm drainage, and street trees. This site lies adjacent to SW McDonald Street, which is classified as a Collector on the City of Tigard Transportation Plan Map.. At present, there is approximately 20 feet of ROW north of centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW. to provide 35 feet from centerline. SW McDonald Street is currently partially improved. In order to mitigate the impact from this development, the applicant should construct half-street improvements. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Local street to have a 54 foot right-of-way width and 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies ad'acent to the future extension of 93`d Avenue. At present, there is no ROW and the applicant shouldl dedicate the ROW as indicated on the future streets plan. SW 93rd does not currently exist, however with the applicant's dedication of ROW and in order to mitigate the impact from this development, the applicant should construct half-street improvements or frovide an engineer's estimate and pay a fee-in-lieu for the improvements. The applicant has agreed o pay the fee-iii-lieu of constructing the improvements at this time. The applicant has proposed constructing the internal public streets with a 46 foot ROW. The applicant's traffic engineer has indicated that the daily trips generated by this development will be, approximately 153 trips. This is below the maximum 200 vehicle taps per day allowed on the Skinny Street option. The paved section for this skinn street option is 24 feet in width and allows parking on one side. The applicant has submitted a traffic flow plan showing where they will post "No Parking" signs. Therefore, the skinny street option criterion has been met. NOTICE OF DECISION PAGE 25 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION Future Street Plan and Extension of Streets: Section 18.810.030.17 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 ve access or permit a satisfactory future division of adjoining land, streets shall be extended to Te 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 has provided a future streets plan that provides for the extension of 93`d Avenue from McDonald Street to Edgewood Street. The proposed intemal, public street will connect to the future 93" Avenue. The applicant shall dedicate their portion of the ROW for the future alignment of 93` Avenue on the plat for this subdivision. Street Alignment and Connections: Section 1B.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existtngdevelopments lease provisions, easements covenants or other restrictions existing prior to ay 1, 1995 Zich preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within-the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. 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. The applicant's future street plan provides for the extension of 93rd Avenue, conneFNng McDonald Street to Edgewood Street. The connection of the proposed public street to the future 93 Avenue will provide a connection at a point less than 530 feet from McDonald Street, thereby meeting this criterion. Grades and Curves: Section 18.810.030.N 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). Centerline radii of curves shall be as determined by the City Engineer. The applicant's plans provide profiles of all proposed and future streets. None of the grades exceed 12%, thereby meeting this criterion. The applicant's plans indicate they will be constructing an eyebrow corner at 92"d Terrance and Hillview Street. it appears that the corner does not meet the Washington County Eyebrow Corner standard, M-405.5. The applicant shall revise their plans to meet this standard: Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a. development abuts or is traversed by an existing or proposed arterial or major collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: A parallel access street along the arterial or major collector; Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; Screen planting at the rear or side property line to be contained in a non-access reservation along the arterial or major collector; or Other treatment suitable to meet the objectives of this subsection; NOTICE OF DECISION PAGE 26 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDMSION • If a lot has access to two streets with different classifications, primary access should be from the lower classification street. There are no proposed access points, excepting the new street, onto McDonald Street, which is classified as a Collector. All lots will take access from local streets, which are a lower classification. The applicant's plat shall provide a non-access reservation strip along the frontage of McDonald Street, except at the approved public street locations. Private Streets: Section .18.810.030.7 states that design standards for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. The applicant has indicated that two private streets will be constructed to serve this development. The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private street(s). These CC&R's shall be reviewed and approved by. the City =ts to approval of the final plat. City's public improvement design standards require private 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 2,000 feet measured along the right-of-way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. For non-residential blocks in which internal public circulation provides equivalent access. No blocksre created with the proposed development at this time. However, the future construction of SW 93' Avenue will create a block with the proposed Hillview Street of the subdivision. The perimeter of the future block is approximately 900 feet. Therefore, this standard has been satisfied. 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 connec{ions 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. Southwest Hillview Street is approximately 225. feet in length. Therefore, no additional pedestrian connection is required. Lots - Size ar`d Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is ess than 1.5 times the minimum lot size of the applicable zoning district The minimum lot size of the R-4.5 zoning district is 7,500 square feet. Based on the standard above, none of the proposed parcels can be more than 2.5 times the average lot width unless they are less than 1.5 times the minimum lot size (11,250 square feet). The only parcel that is greater than 11,250 square feet is proposed lot #1 which is 11,536 square feet. However, the lot width of parcel #1 is 115 feet wide. The depth of proposed parcel #1 is 100 feet. Therefore, none of the proposed parcels have a depth that is 2.5 times the average lot width. NOTICE OF DECISION PAGE 27 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDMSION Lot Frontage: Section 18.810.060(6) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. 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. Proposed parcel #10 and #11 have the least amount of frontage of any of the proposed lots (25 feet). This standard has been satisfied. Sidewalks: Section 18.8.10.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. - The applicant's plans indicate they will be constructing sidewalks along the McDonald Street frontage, both sides of the internal public street(s) and on one side of each of the private streets. This meets the'sidewalk criterion. 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.C states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an existing sewer line in McDonald Street that the applicant will be extending into the site. The public sewer line will be located in the ROW for the new public street and in the tracts for the private streets with public utility easements provided. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development.. The City E=uction r shall approve the necessary size of the facility, based on the provisions of Design and . Stand ards for Sanitary and Surface Water Management (as adopted. by Clean Water Services in 2000 and including any future revisions or amendments). The applicant's development is providing a public storm sewer within the proposed ROW. This storm sewer will collect site runoff, as well as runoff from properties upstream that currently drain towards this development. There are no major drainage ways that impact this site. Effect on Downstream Drainage: Section 18.810.100.13 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). NOTICE OF DECISION PAGE 28 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION 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 applicant has proposed to provide detention on site by installing of an underground pipe, thereby .meeting the criterion. 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. McDonald Street is a bicycle facility. The bike lanes in this area are already striped. Bike lane markings should be provided as a part of this project. These markings shall be shown on the applicant's PFI application submittal. The markings shall include mono-directional reflective markers, bike lane legends and directional mini arrows. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related, facilities shall be placed .underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right.to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets. by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.C states that a developer shall pay a fee in-lieu of under-grounding costs when the, development's 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 a plicant 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 McDonald Street. If the fee in-lieu is proposed, _it is equal to $35.0 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 519.85 lineal feet; therefore the fee would be $18,194.75. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARM Public Water S stem: The, I y o I ar provides water service in this area. There is an existing public water main line located in McDonald Street. The applicant has proposed to extend the public water line within the ROW of the proposed public street to serve this development: The public water line will be extended to the west property line, providing for future developments adjacent to this site. NOTICE OF DECISION PAGE 29 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION Storm Water Qualitv: e rl_ y as agree to enforce Surface Water Management (SWM regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 .percent of the phosphorus contained in 100 Fn of the storm water runoff generated from newly created impervious surfaces. to 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 inten( of the CWS Design Standards. In addition the applicanshall submit a maintenance plan for the facility that musf be reviewed and approved by the City prior to construction. Gradin and Erosion Control: EMS esign an ons ruc on Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates. erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City.prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. 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. An NPDES 1200-C permit is required. The applicant shall submit the application to the City of Tigard for the planners signature. Address Assi nments: e I o Tigard Is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the, amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will- assist emergency services personnel to more easily find a particular home. Surve Re uirements Tl app Ican s final pat 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 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: NOTICE OF DECISION PAGE 30 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION GPS tie networked to the City's GPS survey, By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). D. - IMPACT STUDY Section states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. The study shall address, at a minimum the transportation system including bikeways, the drainage system, the arks system, the water system, the sewer system, and the noise impacts of the development For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems and affected private property users. In situations where the Community. Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports the conclusion that the real property dedication requirement is not roughly proportionarto the projected impacts of the development. Section. 18.390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. Any regu.ired street improvements to certain collector or higher volume streets and the Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for a detached, single-family dwelling is $2,690. 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 direct) proportional to the cost of dedication and construction of the internal streets. Upon completion of this development, the future builders of the residences will be required to pay TIF s totaling approximately $43,040 ($2,690 x 16 dwelling units). Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $134,500 ($21,520 divided by .32). The difference between the TIF paid and the full impact, is considered as unmitigated impact. Since the TIF paid is $43,040, the unmitigated impact can be valued at $91,460. Given that the estimated cost of the dedication and half-street improvements along SW McDonald Street is $127,394, the value of these improvements is greater than the value of the unmitigated impacts. However, the applicant has proposed to complete the necessary improvements. The project cannot be approved unless the project complies with street improvement standards of the Development Code. E. Tigard Comprehensive. Plan Policy 3 - Natural Features and Open Space 3.1 Ph sical Limitations and Natural Hazards and Wetlands The city shall no allow development in areas having the following development limitations except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development. (note: this policy does not apply to lands designated as significant wetlands on the floodplain and wetlands map.): A. Areas. meeting the definition of wetlands .-:under chapter 18.26 of the community development code; B. Areas development a severe soil erosion potential; NOTICE OF DECISION PAGE 31 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION C. Areas subject to slumping, earth slides or movement; D. Areas having slopes in excess of 25%; or E. Areas having severe weak foundation soils. The applicant has indicated that slopes exist that are greater than 25 percent, which has been addressed above, under 18.775.070.C0 (Sensitive Lands). The applicant has provided a geotechnical report that has established the subject site as suitable for development. The applicant has been conditioned to provide certification that the recommendations of the Geotechnical Engineer have been properly interpreted and implemented. Therefore, this standard has been satisfied. 3.2 Flood lams M.. The city shall prohibit any land from alterations or developments in the 100-year floodplain which would result in any rise in elevation of the 100-year floodplain. . There are no floodplains associated with this project. Therefore, this standard does not apply. 3.2.2 The city shall: A. Prohibit land form alterations and development in the floodway*, except alterations may be allowed which preserve or enhance the function and maintenance of the zero-foot rise floodway*; and No development is being proposed in the floodway of the adjoining drainageway. Therefore, this standard does not apply. B. Allow land form alterations or development in the floodplain* outside the zero-foot rise floodway* which preserve or enhance the function of the zero-foot rise floodway* provided: 1. The land form alteration and/or development is in an area designated commercial or industrial on the comprehensive plan land use map, and factors set forth in policy 3.2.3 can be satisfied; or 2. The land form alteration and/or development is associated with community recreation uses, utilities, or public support facilities as defined in chapter 18.42 of the community development code and the actors set forth in policy 3.2.3 can be satisfied. There is no floodplain is associated with this site. Therefore, this policy does not apply. 3.2.3 Where land form alterations and development are "allowed within the 100-year floodplain* outside the zero-foot rise floodway*, the city shall require: A. The streamflow capacity of the zero-foot rise floodway* be maintained; There is no floodplain associated with this development. Therefore, this standard does not apply. .B. Engineered drawings and/or documentation showing that there will be no detrimental upstream or downstream effects in the floodplain* area, and that the criteria set forth in the sensitive lands section of the code have been met (see FIS September 1981); There is no floodplain associated with this development. Therefore, this standard does not apply. C. A buffer, either existing or planted, on the commercial or industrial land abutting residential land which adequately screens the development from view by the adjoining residential land, and which is of sufficient width to be noise attenuating; and The subJJ'ect site is bordered on the north, east and west sides by existing single-family residences. The soufh side of the property is bordered by SW McDonald Street D. The consideration of dedication of open land area for greenway adjoining the floodplain* including portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain* in accordance with the adopted pedestrian bicycle pathway plan. There is no floodplain associated with this development. Therefore, this standard does not apply. NOTICE OF DECISION PAGE 32 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION 3.2.4 The city shall prohibit development within areas designated as significant wetlands on the floodplain and wetlands map. No development shall occur on property adjacent to areas designated as significant wetlands on the floodplain and wetlands map within twenty five (25) feet of the designated wetlands area. Development on property adjacent to significant wetlands shall be allowed under the planned development section of the code. There is an adjacent drainsgeway with an associated wetland located to the east. No development is proposed within fifty feet of the sensitive area. Therefore, this standard is satisfied. 3.2.5 The city shall require the consideration of dedication of all undeveloped land within the 100-year floodplain plus sufficient open land for greenway purposes specifically identified for recreation within the plan. There is no floodplain associated with this development. Therefore, this standard does not apply. 3.4 Natural Areas The ci s all designate, in accordance with goal 5, the following as areas of significant environmental concern. A. Significant wetlands; B. Areas having educational research 'value, such as geologically and scientifically significant lands; and C. Areas valued for their fragile character as habitats for plants, animal or aquatic life, or having endangered plant or animal species, or specific natural features, valued for the need to protect natural areas. These areas have been designated and are identified as being within sensitive land areas, primarily wetland, floodplain, and. drainageways. 3.4.2 The city shall: A. Protect fish and wildlife habitat along stream corridors by managing the riparian habitat and controlling erosion, and by requiring that areas of standing trees and natural vegetation along natural drainage courses and waterways be maintained to the maximum extent. possible; This is accomplished through the sensitive lands chapter of the development code. B. Require that development proposals in designated timbered or tree areas be reviewed through 'the planned development process to minimize the number of trees removed; and The sub'ect site has many trees on-site; however, the subject site is not within a designated timber area. Therefore, the applicant's proposal to remove trees is only governed by 18.790 (Tree Removal). Therefore, this policy does not apply. C. Require cluster type development in areas having important wildlife habitat value as delineated on the "fish and wildlife habitat map" on file at the city. There are no provisions within the Tigard Development Code that require cluster type development. Therefore, this policy does not apply. D. Address goal 5 rule requirements pertaining to the preservation of wetlands once adequate information on the location, quality, and quantity of wetland sites is obtained. This goal 5 review will include determining which wetland sites are ecologically and scientifically .significant. Citizens will participate in making policy recommendations for the protection and preservation of those wetland areas designated as significant. The city shall complete its goal 5 review of wetland areas before the city s next periodic review, but no later than December 23,1996. NOTICE OF DECISION PAGE 33 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION The wetland inventory was completed by Fishman Environmental Services in December of 1994. The adjacent wetland to the east is not identified in the Goal 5 overlay map. Therefore, this policy does not apply. 3.5 Parks Recreation and O en Space The City Shall encourage private enterprise and intergovernmental agreements which will provide for open space, recreation lands, facilities, and preserve natural, scenic and historic areas in a manner consistent with the availability of resources. The applicant . has proposed to create an open space tract for the associated drainageway and its buffer. Therefore, this policy has been satisfied. 3.5.2 The city shall coordinate with the school districts to develop recreational facilities. Not applicable to this application. 3.5.3 The city has designated the 100- ear floodplain Qf Fanno Creek, its tributaries, and the Tualatin river as greenway, which wily be the backbone of the open space system. Where landfill and/or development are allowed within or adjacent to the 100-year floo plain, the city shall require the consideration of dedication of sufficient open land area for greenway adjoining and within the floodplain. There is no floodplain associated with this development. Therefore, this policy does not apply. 3.5.4 The city shall provide an interconnected pedestrian/bikepath throughout the city. The subject site has not been identified as a location for a city-wide bike path. Therefore, this policy does not apply. Policy 4 - Air Water and Land Resources 4.7.1 All development within the. Tigard urban planning area shall comply with applicable federal, state and regional water quality standards, includingg those contained in the clean water services' design and construction manual. (rev. Ord. 02-'(5) Compliance with these standards is assured through obtaining permits from the appropriate regulating agencies. 4.2.2 The city shall recognize and assume its responsibility for operating, planning, and regulating wastewater systems as designated in metro's waste treatment management component. (rev. Ord. 02-15) Not applicable to this application. FINDING: Based on the analysis above, the applicable policies of the Tigard Comprehensive plan have been satisfied. SECTION VII. OTHER STAFF COMMENTS City, of Tigard Long Range Planning Division has reviewed the proposal and have no objections to it. City of Tigard Building Division has reviewed the proposal and has offered the following comments: Lots from 10% to 20% grade require grading inspections. Lots 20% or more slope require , geotech reports for the dig-out, soil compaction, footings and slope set backs. City of Tigard Public Works Department has reviewed the proposal and has offered comments which are located in the land-use fife. NOTICE OF DECISION PAGE 34 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION City of Tigard's City Forester has reviewed the proposal and has offered the following comments: LANDSCAPING AND SCREENING 18.745.030.C, Installation Requirements The installation of all landscaping shall be as follows: All landscaping shall be installed according to accepted planting procedures. The plant . material shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and any other future revisions); and landscaping shall be installed in accordance with the provisions of this title. The accepted planting procedures are the guidelines described in the Tigard. Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as te standards set forth in the American Institute of Architects' Architectural Graphic Standards, join edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. In order to develop tree species diversity onsite it is recommended that.the following guidelines be followed: No more than 30% of any one family be planted onsite. No. more than 20% of any one genus be planted onsite. No more than 10% of any one species be planted onsite. 18.745.030.E Protection of Existing Landscaping. Existing vegetation on a site shall be protected as much as posse e: The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and the plants to be saved shall be noted on the landscape plans e.g., areas not to be disturbed can a fenced, as in snow fencing which can be placed around the individual trees). See comments under "Tree Removal". 18.745.030.G Conditions of Approval of Existin Ve etation. The review procedures and s n ar s or require landscaping an screening s a e specified in the conditions of approval during development review and in no instance shall be less than that.required for conventional development. See recommended conditions of approval at the end of this memorandum. 18.745.040 Street Trees Protection o existin ve etation. All. development projects fronting on a public street private street 'or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.C. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10 edition. In the Architectural Graphic 'Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. In order to develop tree species diversity onsite it is recommended that the following guidelines be followed: No more than 30% of any one family be planted onsite. No more than 20% of any one genus be planted onsite. No more than 10% of any, one species be planted onsite. NOTICE OF DECISION PAGE 35 OF 40 SU62005-00005 - MCDONALD WOODS SUBDMSION 2. TREE REMOVAL 18 790.030, Tree Plan Requirement A. Tree Ian required., A tree plan for the planting, removal and protection of trees prepare by a ce i ie ar orist 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 preserred over removal wherever possible. B. Plan requirements. The tree plan shall include the following. 1. Identification OT tie 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 18.790.060D; C. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.0601); 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 rotect trees during and after construction. As required, the applicant submitted a tree plan that was conducted by David Halstead. The plan contains all four of the required components of a tree plan, and, is therefore, acceptable. I sugggest planting native species of trees as street trees such as Bigleaf Maple, Cascara or Oregon Whife Oak. Properly sized oaks can be found at River Oak Farm & Nursery. Call Diane at 503-357- 2745 Below are my suggestions for the applicant to follow for tree protection guidelines: Prior to construction, a Tree Protection Plan shall be included with the proposed construction drawings conforming to the International Society of Arboriculture (ISA) guidelines for review and approval by the City Forester. All tree protection devices, along with their details and specifications, shall be shown on the Tree Protection Plan. This plan shall also include the building footprints shown in relation to the trees being preserved.. Any tree that will not be removed onsite that is within the limits, of disturbance of this project must be protected. Any tree that is located on property adjacent to the construction project that will have more than 15%.of its root system disturbed by construction activities shall also be protected. Prior to construction,. the applicant shall submit a detailed construction schedule to the City Forester with notations as to when tree protection devices will be either installed or removed throughout construction of the project. NOTICE OF DECISION PAGE 36 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION A note shall be placed on the final set of plans indicating that equipment, vehicles, machinery, grading, dumping, storage, burial of debris, or any other construction-related activities shall not be located inside of any tree protection zone or outside of the limits of disturbance where other trees are being protected. All tree protection devices shall be: Visible. Constructed of 11 Gauge steel chain-link fencing supported on at least 2" 0. D. steel posts. Each post shall be no less than four feet high from the top of grade. Each post shall be driven into the ground to a depth of no less than two and a half feet below grade. Each post shall be spaced no further apart than four feet. Between each post, securely attached to the chain-link fencing, shall be a sign indicating that the area behind the fencing is protected and no construction activity, including. material storage, may occur behind the fencing. Inspected and approved in the field by the project arborist and City Forester prior to clearing, grading, or the beginning of construction. Remain. in place and maintained until all construction is completed and a final inspection is conducted. To determine the size of the tree protection zone (TPZ) the project arborist should follow the guidelines listed below: For individual trees follow the trunk diameter method. For every one-inch of diameter at breast heig ht (DBH), or 4 Y2 feet above the ground, allow 12 inches of space from the trunk of the tree. For example, a tree that is 15" at DBH must have at least 15' of tree protection zone around the entire canopy of the tree. For groups of trees the tree protection zone must be outside of the drip line of the trees on the edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the trunk diameter method or the drip line method, whichever is greater. Calculate and follow the Optimal Tree Protection Zone calculation . as shown in "Trees and Development: A Technical Guide to Preservation of Trees During Land Development" by Nelda Matheny and James R. Clark. The project arborist may propose an alternate method for the establishment of the TPZ, provided the effort is coordinated with the City Forester. If it is necessary to enter the tree protection zone at any time with equipment (trucks, bulldozers, etc.) the project arborist and City Forester must be notified before any entry occurs. Before entering the TPZ, the project arborist and City Forester shall determine the method by which entry can occur, . along with any additional tree protection-measures. - Prior to issuance of building permits, the Project Arborist shall submit a final certification indicating the elements of the Tree Protection Plan were followed and that all remaining trees on the site are healthy; stable and viable in their modified growing environment. SECTION Vill. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed the proposal and has offered the following comments: FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access roads shall be within 150 feet o a portions o the exterior wall of-the first story o the wilding as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. NOTICE OF DECISION PAGE 37 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be prove a wi an approved turnaround. • The proposed hammer-head turnaround on Braydon Ct does not meet Fire District standards. The hammer-hed must be a minimum of 70 feet deep. The dead end of SW 92n' Terrace will not be required to be ,provided with a fire apparatus turnaround. FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: When ui Ings are comp e e y protected with an approve automatic ire sprinkler system, the requirements for fire apparatus access may be modified as approved by the fire code official. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads s a have an unobstructed width o no less an feet feet or up to two dwelling units and accessory buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. Where fire a paratus roadways are less than 26 feet wide, "NO PARKING" signs shall be installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus roadways are more than 26 feet wide but less than, 32 feet wide, "NO. PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed. Where fire apparatus roadways are 32 feet wide or more, parking is not restricted. The submitted "No Parking" signage plan for Andrew Terrace and Braydon Court are acceptable. The entire portion of SW Hi (view St. and SW 92nd Terrace shall be posted as a .fire lane along both sides. FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS:. Where a fire hydrant is located on a fire appara us access road, a minimum road width shall e feet. SURFACE AND LOAD CAPACITIES: Fire apparatus access roadsshall be of an all-weather surface a is easily is inguis a e from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 75,000 pounds live load (gross vehicle weight). You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading. TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 28 feet and 48 feet. respectively, measured from the same center point. GRADE: Fire apparatus access roadway grades shall not exceed 10 percent. Intersections and urnarounds shall be level (maximum 5%) with the exception of crowning for water run-off. When fire sprinklers are installed, a maximum grade of 15% may be allowed. The approval of fire sprinklers as an alternate shall be accomplished in accordance with the provisions of ORS 455.610(5). SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for singe family we ings an up exes serve by a municipal water supply shall be 1,000 gallons per minute. If the structures is (are) 3,600 square feet or larger, the required fire flow shall be determined according to IF~ Appendix B. FIRE HYDRANTS ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: ere a portion o a s ruc ure is more an 600 feet from a hydrant on a ire apparatus access road, as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. One additional fire hydrant shall be added at the intersection of SW McDonald Street and SW 92nd Terrace. FIRE HYDRANT NUMBER AND DISTRIBUTION: The minimum number and distribution of fire hydrants- available to a building shall no be ess an that listed in Appendix C, Table C 105.1. NOTICE OF DECISION PAGE 38 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION Considerations for placing fire hydrants may be as follows: • Existing hydrants in the area may be use o mee the required number of hydrants as approved. Hydrants that are up to 600 feet away from the nearest point of a subject building that is protected with fire sprinklers may contribute to the required number of hydrants. • Hydrants that are separated from the subject building by railroad tracks shall not-contribute to the required number of hydrants unless approved by the fire code official. • Hydrants that are separated from the subject building by divided highways or freeways shall not contribute to .the required number of hydrants.. Heavily traveled collector streets only as approved by the fire code official. • Hydrants that are accessible only by a bridge shall be acceptable to contribute to the required number of hydrants only if approved by the fire code official. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more an 15 fee rom an approve ire apparatus access roa way. 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 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 ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways an ire fighting water supplies shall be installed an operational prior to any combustible construction or storage of combustible materials on the site. SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: oA c e was posted at City Hall and mailed to: X The applicant and owners __X- Owner of record within the required distance - _ Affected government'agencies Final Decision: THIS DECISION IS FINAL ON JUNE 7, 2005 AND EFFECTIVE ON JUNE 22, 2005 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (f0) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time o time y the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JUNE 21, 2005. NOTICE OF DECISION PAGE 39 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION Questions: If you wave any questions, pplease call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. June 7, 2005 PREPARED Y: a ew S Idegger DATE Associate Planner June 7. 2005 APPk OVED Ichard Bewersdo DATE Planning Manage i:Ncurpln\mathew\sub\sub2005-00005(McDonald Woods)\sub2005-00005.decision.doc NOTICE OF DECISION PAGE 40 OF 40 SUB2005-00005 - MCDONALD WOODS SUBDIVISION Q CITY of TIGARD ` GEOGRAPHIC INFORMATION AYeTEM ' ARA VICINITY MAP SUB2005-00005 SLR2005-00002 SLR2005-00003 SLR2005-00004 VAR2005-00049 MCDONALD WOODS SUBDIVISION W CT 87TH RaF RG I ALD 1(r iI'. bre Y 9EEP BEIIO LLQAK&NI Tigard Area map t11 SSE T ELROSE CT Q N cr7 rn 00 0 100 200 700 400 Feet 1"a 312 feet W MOUNT CN j City of Tigard InforTnallon on this map is for general location only and Q should be verified vAth the Development Services Division. = 13125 SW Hall Blvd TERR o T(503 a 9.41713 GO htV:( www.cI.Ogard.or.us Community Development Plot date: Apr 19, 2005; C:\magic\MAGIC03.APR 2402= m90D 24070C 91700 • - 24020 mar 01020 91900 21t02= x001 N mtbt• r ■ ot04 tl• C n ~ - ,I ~ ~ twat n42' 17a71'_ 21192= x991 TIIACT 17( LOT 11 I R N ofa M' [ 424a1 AV. 1 16ISM1 tv. 1 SOT 0 N sTP ta9r _ $ N ml•4Y r 190-r 57.6 _ that - o - 1~ - - is rw IT LOT a LOT 12 b oa77 v. 7 LOT 4 aofs.a u. I ~ Ig' 6LOT s v. AF_ - _ I a9+sa v. 1 lair QN 1 ( .1 P11 ~1. ~ g • ~R.X-9-0'loTar - '~1 LL_ - - 1 1 . 12 ~ I - nst Iii I I^ LOT'FI LOT 1 1 , I LOT t 1f, a«, - v. 24.E T 1 a7t1 x It. I M M74.a1 v. I 1 / n792e 0220 ot-mw 1 1.-ss9d 1~ LOT 0 LOT' g 11-x12.1o1r as _ 1 L _R- a49a- v. ~ ~ a7valo v. JF if74 4r~ .L.'-''" \ I ~•Ixae /fit a ' 7J Y`'71°r 9-laor ` ye~ It-GLW "Mr 00 L iTr is1YEr ST. i - ' ` r-- LOT 2 I I 1 RRATOON n' rt PUOt/C iidW i-0L f iui ti _ t.nx 9-2aav 1 I 1 Af 9-9a9o ~•~`~ua uswftlr 2ltome m=oo 9-14.a7 1 1 t.-~atY •G.a.4r + s tl-44nr ` I..au' t-a.1r 1.x2• 'ti tser ~~l yit • 1 1 9-ntor o• LOT t4 LOT 16 I %mt LOT m 1t I u 71.4r F nl aAa1« . I's 2,97524 If. ,g . V . TRACT 1Sr. ff 1_ v. i $Ig iyy x? 9 v 1D ro I~ y^TIIAOT °I r• w [ § ,077.12 V. i 0970N9 u1611T. 1tot01 3r IL co ILO~IT rW OOCIYIDIsANITANS fAcum I I I , T N4 1102700/ N 7011.0N 1 0077M0 NMT [A "r L-1211' , 1d1 p00lNOIT in 11'017420 2e M 460r 1 P- i ' 70D164.M L 47b122 e 9.1aao - _ _ Kos 71.91 # Y 17. 2a00'N•r -----------J ° _ _ 1 1 &w. tbOOtIALD tTR1rt T nael' 7r R-43-9 9ma719N f _ lr T9rs tr sac ufcu - 1 e97n9' c ~ - _ Pak 1=aaw+ r Na 12maM s+ , 2r N 90q.9642 O c 499x2211 s 2s1 11A1 mm. .011~ 2411A1 moo 3411!1! 00100 21111M 00900 2411M 00700 27111A1 00701 21111N 00700 00002 At ' (ITY OF TIGARD t SUB2005-00005/SLR2005-00002, 3 & 4 OTn Or "GAM srrE PLAN N MCDONALD WOODS SUBDIVISION Ma is not to scale