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PDR1993-00006 Decision - ARBOR HEIGHTS s CITY OF TIGARD NOTICE OF DECISION DETAILED PLANNED DEVELOPMENT REVIEW PDR 93 -0006 SITE DEVELOPMENT REVIEW SDR 93 -0009 THE TRIAD APARTMENTS SECTION I. GENERAL INFORMATION A Detailed Planned Development Review and Minor Modification to the Site Development Review for the 348 unit Triad Apartment Project. Applicant: Triad Tigard Limited Partnership Staff Contact: Ross Woods 320 Andover Park East #235 Seattle, WA 98188 Agent: W & H Pacific Project Manager: Jimmy Bellomy 8405 SW Nimbus Avenue Beaverton, OR 97008 -7120 Owners: Triad Tigard Limited Partnership Staff Contact: Ross Woods 320 Andover Park East #235 Seattle, WA 98188 Location: 11000 Block of SW Naeve Street. Between SW Pacific Highway and SW 109th Avenue (WCTM 2S1 10DB, Tax Lot 200; 2S1 10AC Tax Lot 900; and 2S1 10AD Tax Lot 9200). Applicable Review Criteria: Community Development Code Sections 18.80 and 18.120. Background Information This site has been the subject of numerous land use applications dating back to 1986. A complete history of these actions is available upon request. In response to a remand of the application by the Land Use Board of Appeals the City Council approved the current Planned Development Review 93- 0006 /Site Development Review 93 -0009 subject to Conditions of Approval on June 28, 1994. At that hearing, the City Council SDR 93- 0009 /PDR 93 -0006 TRIAD APARTMENTS PAGE 1 t required that the six (6) driveways required to serve the site be provided at three (3) locations. At all three (3) locations the driveway would be developed with 24 feet of width with a median separating the driveways. The subject property has approximately 890 feet of frontage on SW Naeve Street which is now functionally classified as a local street. SW Naeve Street is generally substandard in width and state of improvements, with the exception of the frontage of the Fountains at Summerfield to the south. Half - street improvements, including approximately 30 feet of pavement, curbs, a sidewalk and streetlights, have been installed along the Fountain's frontage. The subject parcels have approximately 1,500 feet of total frontage along the alignment of SW 109th Avenue. SW 109th Avenue, north of the intersection with SW Naeve Street, is a steep gravel road extending approximately 1,200 feet to a dead end. Approximately 200 feet further north beyond this dead end, the northern segment of SW 109th Avenue continues. This northern section of SW 109th Avenue extends northward to Canterbury Lane. The subject properties have approximately 100 feet of frontage along this northern section of SW 109th Avenue. Tax lots 600, 700 and 800 have approximately 360 feet of frontage on SW Pacific Highway. Southwest Pacific Highway is a 4 -lane divided arterial. The southwestern corner of the subject site along SW Naeve is located approximately 500 feet east of the Naeve /Pacific Highway intersection. A left turn lane is provided in Pacific highway for southbound traffic onto SW Naeve Street. The intersection of SW Naeve Street and Pacific Highway is not signed. The site has been zoned for multiple family residential use with a Planned Development Overlay since . A Conceptual Planned Development and Site Development Review was completed for the entire site. A Site Development Review was also approved for a portion of this site. The Conceptual Planned Development and Site Development Review became final on July 17, 1995. A new 109th Street alignment is planned to be developed within a more westerly alignment in order to bypass a portion of the existing alignment of SW 109th Avenue. The newly aligned street would then rejoin a portion of the existing SW 109th Avenue south of SW Murdock Street. To the south of the Triad Development and SW Naeve Street, right -of -way was acquired by the City for the extension of SW 109th. This newly acquired right -of -way divides the subject property and would provide a new four -way intersection on Pacific Highway. To date the City has spent $429,000 for right -of -way acquisition and design work for this new street. SDR 93- 0009 /PDR 93 -0006 TRIAD APARTMENTS PAGE 2 Vicinity Information To the south the site is adjoined by vacant commercial properties, Kasch's Nursery, the Summerfield Retirement Community and the area developing with the Tigard Promenade Shopping Center. To the west is the vacant property and SW Pacific Highway. The vacant property had been proposed to be developed with a church use. Along the westerly side of SW Pacific Highway is a mixture of retail office developments within King City and multiple - family residential condominium development within Tigard. To the north, the site is adjoined by other single - family residential uses and multiple - family residential uses. To the east, the site is adjoined by single - family residential uses. Site Information The subject 26.2 acre property previously contained houses on tax lots 200, 700, 800 and 9300. All have been removed except for the house on tax lot 9300. The remainder of the property is vacant, covered with a combination of tall fir trees, lower height deciduous trees, and brush. The property slopes predominantly to the south and southwest at varying grades. Approximately 0.8 acres on tax lots 600, 700, and 800 in the northwestern corner of the site has a slope of greater than 25 percent. Proposal Description The applicant has proposed to develop a total of 348 dwelling units over the site's 26.20 acres. The plan as proposed through the Detailed Development Plan is that the dwelling units would be developed in a total of 15 buildings and 27 garage and carport structures. The development would include 104, one - bedroom; 148, two- bedroom; and 96, three - bedroom units. The development site would be split by a curved collector . • street connection between SW Naeve Street and SW 109th Avenue intended to conform with the recently adopted Transportation Map amendment for this area. The alignment of SW Naeve Street is proposed to be shifted somewhat northward in order to provide for a 90 degree intersection with this proposed new street. The site plan includes: a recreation building located near the center of the site, an outdoor pool, spa, lounge, sauna, playground areas, and a walking path. Parking would be provided by 609 total parking spaces consisting of 374 covered parking spaces (combination of carports, separate garages and under apartment building garages), 14 designated handicapped parking space (all under cover), and 235 other uncovered spaces. The southern section of the development containing 60 units would be served by one 24 -foot wide access driveway from the proposed 109th - Royalty Parkway connecting street. No driveways to this section of the development would be provided from either SW Naeve Street or SW 109th Avenue, although this area of the development would have a significant amount of frontage on each of these streets. The plans propose SDR 93- 0009 /PDR 93 -0006 TRIAD APARTMENTS PAGE 3 dedication of right -of -way to 25 feet from centerline for both streets. Construction of local street improvements will be made on the Naeve Street frontage and on the 109th - Royalty Parkway connecting street. The northern portion of the development is proposed to be served by three (3) doubled 15 -foot wide access driveways from the proposed connector street. A network of five (5) foot wide sidewalks would be provided along the streets and between parking areas and residential buildings. A north -south soft surfaced pathway would also be provided through landscaped and tree covered area on the eastern portion of the site. The landscaping plan shows existing trees that are proposed to be retained. The area along SW Pacific Highway on Tax Lot 900 is to be left with existing vegetation. The landscaping plan calls for removing underbrush and planting lawn and a variety of bushes and trees throughout the portion of the site to be developed in order to create a park -like appearance on the site. The landscaping plan shows cross sections of proposed perimeter buffer material arrangements and lists plant materials. The subject property has approximately 890 feet of frontage on SW Naeve Street which is now functionally classified as a local street. SW Naeve Street is generally substandard in width and state of improvements, with the exception of the frontage of the Fountains at Summerfield to the south. Half- street improvements, including approximately 30 feet of pavement, curbs, a sidewalk and streetlights, have been installed along the fountain's frontage. SECTION II. ANALYSIS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Detailed Planned Development Section 18.80.020(GX1Xa -e) provides standards for review of Detailed Planned Developments to determine substantial compliance with the previous approved Conceptual Planned Development. The applicant has addressed these standards as follows through their Detailed Plan submittal: 1. The change increases the residential densities, the lot coverage by buildings or reduces the amount of parking; The applicant has not proposed any increase in residential densities, increase in area covered by buildings or the amount of parking to be developed. The approved conceptual development plan proposes a density of 13.3 dwelling units per acre. The proposed detailed development plan maintains the same density. SDR 93- 0009 /PDR 93 -0006 TRIAD APARTMENTS PAGE 4 The approved conceptual development plan contains 158,512 square feet (3.64 acres) of impervious building area. The proposed detailed development plan contains 116,380 square feet (2.67 acres) of impervious building area. The approved conceptual development plan contains 609 on -site parking spaces. The proposed detailed development plan contains 609 on -site parking spaces. The amount of parking is not reduced. This criterion is satisfied. 2. The change reduces the amount of open space and landscaping; The proposed Detailed Plan increases the amount of area to be developed as open space or landscaping from that shown on the Conditionally Approved Conceptual Plan. These areas consist of all non - building areas (including active and passive open space areas, landscaped areas, walkways and other areas). The approved Conceptual Development Plan contains 158,512 square feet (3.6 acres) of building area, leaving 22.6 acres of open space and landscaping. The proposed plan contains 116,380 square feet (2.7 acres) of building area, leaving 23.5 acres of open space and landscaping. 3. The change involves a change of use; The applicant has proposed the same multiple family residential use as had been proposed originally. 4. The change commits land to development which is environmentally sensitive or subject to a potential hazard; and The applicant has not proposed to shift development onto environmentally sensitive areas or portions of the site known to contain a potential hazard. 5. The change involves a major shift in the location of buildings, proposed streets, parking lot configuration, utility easements, landscaping, or other site improvements; The proposed Detailed Development Plan does not propose a major shift in the location of the previously approved site improvements other than those required through the Conditions of Approval in order to preserve existing significant trees into the site. This criterion permits changes between the approved conceptual development plan and proposed detailed development plan as long as the changes do not involve a major shift. The term has been interpreted in the past as a significant change from the approved conceptual development plan which results in a proposal that either would not comply with the approval criteria in Section 18.80 for the conceptual development plan or would result in an adverse impact to adjacent properties or traffic on adjacent streets. The proposed detailed development plan maintains the same number and type of dwelling units. The alignment of SW 109th Avenue does not change. The access ways and parking areas have changed but there is no adverse impact on adjacent properties or SW 109th Avenue from these changes. The revised SDR 93- 0009 /PDR 93 -0006 TRIAD APARTMENTS PAGE 5 access way locations move the most northerly driveway further from a single family residence on the east side of SW 109th. Their location has been relocated to allow for improved intersection function in that a larger four -way intersection is not created. Instead two "T- Intersections" are created which are both expected to function at a higher level of service. Utility easements have also been changed but utility services will still be provided at City standards. The building and access configuration, while not the same as the approved conceptual development plan, is very close to the approved conceptual development plan. The proposed plan is better because it moves the buildings and consequently, the grading towards more level portions of the site. For this reason this change does not involve a major shift in the location of buildings, proposed streets, parking lot configuration, utilities, landscaping or other site improvements. Conclusion: The Director finds that the proposed Detailed Planned Development conforms with the approved Conceptual Planned Development. Site Development Review The City Council has approved with conditions a Site Development Review plan on this site. Section 18.12O.O7O(A) permits an applicant to request approval of a modification to an approved plan. The modification may be either a major or a minor modification. Section 18.12O.O7O(B)(1) -(8) lists the criteria that determine whether the change is a major modification. This portion of the memorandum addresses these criteria and concludes that the proposal by Triad to amend its approved plan would be a minor modification. The criteria and responses are shown below. SECTION 18.12O.O7O(BX1): "The Director shall determine that a major modification(s) will result if one or more of the following changes are proposed. There will be: "An increase in dwelling unit density, or lot coverage for residential development;" The approved site plan allows 348 residential dwelling units on 26.2 acres with a density of 13.3 dwelling units per acre. The modified plan does not change the size of the project nor the number of dwelling units. The densities for the R -12 and R -25 parcels also remain the same as the approved plan. The overall dwelling unit density remains the same as the approved plan. The approved plan contains 158,512 square feet (3.64 acres) of lot coverage or 13.9 percent of the entire site. "Lot coverage" is defined in Section § 18.26.030 as: SDR 93- 0009 /PDR 93 -0006 TRIAD APARTMENTS PAGE 6 "The percent of a lot area covered by the vertical and horizontal projections of any structures or buildings." The proposed plan proposes 116,380 square feet (2.67 acres) of lot coverage. This criterion is satisfied because neither the density or lot coverage will increase. SECTION 18.120.070(BX2): "A change in the ratio or number of different types of dwelling units;" The approved plan allows 348 multiple family dwelling units. Multiple family dwelling units are defined in Section § 18.26.030 as: "A structure containing at least three dwelling units in any vertical or horizontal arrangement, located on a single lot or development site." The modified plan proposes the same number of multiple family dwelling units. No other type of dwelling unit is proposed. This criterion is satisfied. SECTION 18.120.070(BX3): "A change that requires additional on -site parking in accordance with Chapter 18.106;" The approved plan contains 609 spaces. The modified plan does not contain any changes requiring additional on -site parking spaces. The modified plan also contains 609 spaces. This criterion is satisfied. SECTION 18.120.070(BX4): "A change in the type of commercial or industrial structures as defined by the Uniform Building Code;" This criterion is inapplicable to this application because the approved plan does not include commercial or industrial structures. SECTION 18.120.070(BX5): "An increase in the height of the building(s) by more than 20 percent;' This criterion means that if the height of any building in the modified plan exceeds the maximum height of any building in the approved plan by more than 20 percent, the modified plan is a major modification. The approved plan has 18 buildings. The maximum building height is 39 feet. The modified plan contains 15 buildings with a maximum building height (in the R -25 zone) of 42 feet, 2 inches. The proposed building height increases the highest building height by 7.7 %. This criterion is satisfied. SECTION 18.120.070(6): "A change in the type and location of access ways and parking areas for off -site traffic would be affected;" This criterion does not prohibit a change in the type and location of access ways and parking areas but only prohibits changes "where off -site traffic would be affected." Off -site traffic will not be affected by the changed access ways and parking areas. The proposed site plan does not provide the required 24 foot width of each of the six (6) driveways. The site and landscape plans shall be revised to provide 24 feet in width on either side of a median. SECTION 18.120.070(BX7): "An increase in vehicular traffic to and from the site and the increase can be expected to exceed 20 vehicles per day;" The number of dwelling units in both plans is the same in the approved plan and the modified plan, so there will not be an increase in vehicular traffic. This criterion is satisfied. SDR 93- 0009 /PDR 93 -0006 TRIAD APARTMENTS PAGE 7 SECTION 18.120.070(BX8): "An increase in the floor area proposed for nonresidential use by more than 10 percent excluding expansions under 5,000 square feet." The only nonresidential use in the approved plan is the clubhouse. The modified plan also proposes a clubhouse with the same or less square footage. This criterion is satisfied. SECTION 18.120.070(BX9): "A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this Code or "'reduces the open space area by more than 10 percent." The modified plan increases the amount of common open space and /or usable open space above that in the approved plan. This criterion is satisfied. SECTION 18.120.070(BX10): "A reduction of project amenities below the minimum established by this Code or by more than 10 percent where specified in the site plan: (a) recreational facilities; (b) screening; and/or (c) landscaping provisions." The modified plan does not reduce project amenities. Screening, recreational facilities and landscaping provisions remain the same. In fact, because the modified plan increases the number of trees saved when compared to the approved plan, screening and landscaping provisions are increased. This criterion is satisfied. SECTION 18.120.070(BX11): "A modification to the conditions imposed at the time of site development review approval which are not the subject of (BX1) through (10) above of this subsection." No modifications to the conditions of approval are proposed. This criterion is satisfied. Conclusion: The modified plan is a minor modification to the approved Site Development Review plan because none of the eleven factors making it a major modification exist. The proposed plan shall comply with the City Council Final Order requirements that a total of (6) driveways be provided with 24 feet in width each. Condition of Approval #22 has been modified to reflect the June 28, 1994 Final Order. SECTION III. COMPLIANCE WITH THE CONDITIONS OF APPROVAL The City Council approved Site Development Review 93 -0009 and Planned Development Review 93 -0006 and the associated access variance with the following conditions of approval (conditions of approval are in BOLD): SDR 93- 0009 /PDR 93 -0006 TRIAD APARTMENTS PAGE 8 CONDITIONS OF APPROVAL 1. During all construction of the on -site and off -site improvements, all construction traffic shall travel to and from the site via Pacific Highway and either Naeve Street or the proposed new connection between 109th and Royalty Parkway. Construction traffic shall NOT use existing 109th north of the site nor existing 109th south of Naeve Street. Construction vehicles, including employee vehicles, shall not be allowed to park on Naeve Street, 109th Avenue or within the public right -of -way. This condition can be met with the new proposal. This condition pertains to the construction traffic for the project. All contractors will be required to comply with this condition. 2. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. • This condition pertains to final construction plans and can be met. 3. Standard half- street improvements, including concrete sidewalks, curbs, asphaltic concrete pavement, storm drainage, and streetlights shall be installed along the Pacific Highway frontage. Improvements shall be designed and constructed to Oregon State Highway Division standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Highway Division. A copy of the approved plans shall be provided to the City Engineering Department prior to issuance of a Public Improvement Permit. The existing driveways to tax lots 700 and 800 shall be removed. An access reserve strip shall be recorded along this frontage. This condition pertains to site improvements required on the applicant's final design plans. This condition can be met. 4. The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right -of -way of Pacific Highway. A copy of the permit shall be provided to the City Engineering Department prior to issuance of a Public Improvement Permit. This condition can be met and deals with final construction permit requirements. SDR 93- 0009 /PDR 93 -0006 TRIAD APARTMENTS PAGE 9 5. Sanitary sewer and storm drainage details shall be provided as part of the public improvement plans. Calculations and a topographic map of the storm drainage basin and sanitary sewer service area shall be provided as a supplement to the public improvement plans. Calculations shall be based on full development of the serviceable area. The location and capacity of existing, proposed and future lines shall be addressed. This condition can be met. This condition outlines requirements and submittals for final improvement plans and permits. 6. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. This condition can be met. This condition outlines requirements and submittals for final improvement plans and permits. 7. The proposed privately- operated and maintained parking lot and /or roadway plan - profile and cross section details shall be provided as part of the public improvement plans. This condition can be met. This condition outlines requirements and submittals for final improvement plans and permits. • 8. An erosion control plan shall be provided as part of the improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989 ". This condition can be met. This condition outlines requirements and submittals for final improvement plans and permits. 9. The applicant shall obtain a "joint permit" from the City of Tigard Engineering Department. This permit shall meet the requirements of the NPDES and Tualatin Basin Erosion Control Program. This condition can be met. This condition outlines requirements and submittals for final improvement plans and permits. 10. Prior to the issuance of building permits, a delineation of wetland boundaries, if any, on the site shall be completed by the applicant. If wetlands are shown, the applicant shall comply with the applicable provisions of Section 18.84 (Sensitive Lands) of the Community Development Code. Staff Contact (Planning Division). SDR 93- 0009 /PDR 93 -0006 TRIAD APARTMENTS PAGE 10 • No wetlands exist on this site as determined by the wetlands biologist report which was prepared for the site. 11. There shall be no vehicle connection between Old 109th and New 109th. A turnaround, i.e. hammerhead meeting the . City's and Fire District's approval, shall be provided at the end of old 109th. No other improvements shall be required north of the intersection of Old 109th and Naeve Street. This condition can be met. This condition outlines requirements and submittals for final improvement plans and permits. 12. Naeve Street shall be realigned at Old 109th to intersect Old 109th at approximately a 90- degree angle, and shall conform to the alignment shown on the submitted preliminary plans (Drawing C100, dated 6/14/93). The existing south curb shall be reconstructed to match the new alignment. This condition outlines required improvements for final construction plans. 13. New SW Naeve Street shall be improved in the following manner (NOTE: all stationing is taken from the submitted preliminary plans dated May 20, 1993): A. Full street improvements, meeting local street standards, shall be provided from Sta. 2 +37 to Sta. 7 +00. Full width street improvements shall include traffic control devices, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights and underground utilities. This condition outlines required improvements for final construction plans. B. Two - thirds street improvements, meeting local street standards, shall be provided from STA. 7 +00 to STA. 14 +59. Two - thirds street improvements shall include traffic control devices, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, underground utilities, and interim improvements to maintain traffic flow in the eastbound lane. This condition outlines required improvements for final construction plans. 14. Southwest 109th Avenue shall be improved in the following manner (NOTE: all stationing is taken from the submitted preliminary plans dated May 20, 1993): SDR 93- 0009 /PDR 93 -0006 TRIAD APARTMENTS PAGE ff A. Full street improvements, meeting minor collector street standards, shall provided from STA. 10 +00 to STA. 19 +20. Full width street improvements shall include traffic control devices, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage streetlights, and underground utilities. This condition outlines required improvements for final construction plans. B. Two - thirds street improvements meeting minor collector street standards shall be provided from STA. 19 +20. Match the existing improved street at approximately STA. 27 +80. Two - thirds street improvements shall include traffic control devices, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, underground utilities, and interim improvements to maintain traffic flow in the northbound lane. This condition outlines required improvements for final construction plans. 15. The applicant shall do the following with respect to the storm sewer system: A. Demonstrate that the existing pipe in 109th Avenue had adequate capacity to handle ultimate development of the entire drainage basins. This condition requires that a Drainage Basin Study be performed. Should detention be required, it will be provided to meet this condition. B. Design the on -site water quality facility to meet current Unified Sewerage Agency design standards and verify that it will be the responsibility of the owners of the site to maintain such facilities. This condition can be met and water quality facilities are shown on the plans. C. Design the system(s) so that there is a clear delineation between the private and public systems. The Detailed Development Plans do not clearly identify the separate systems but final construction documents shall be clearly demarcated. SDR 93- 0009 /PDR 93 -0006 TRIAD APARTMENTS PAGE 12 16. The applicant shall dedicate the following right -of -way (NOTE: stationing is based on preliminary plans as submitted to the Planning Department dated May 20, 1993): A. Southwest Naeve Street: 1. From STA. 2 +00 to STA. 7 +00 - 50 feet of R.O.W., i.e. 25 feet either side of the new centerline alignment. 2. From STA. 7 +00 to STA. 14 +58 - 25 feet of R.O.W., 25 feet from centerline along the north side of Naeve. This condition can be met with the dedication of right -of -way to facilitate the required street improvements. B. Old SW 109th Avenue - provide R.O.W. for the hammerhead turnaround. This condition can be met with the dedication of right -of -way to facilitate the required street improvements. C. New SW 109th Avenue: 1. From STA. 10 +00 to STA. 19 +20 - 60 feet of R.O.W.; 30 feet either side of the new centerline. 2. From STA. 19 +20 to STA. 27 +28 - 30 feet of R.O.W.; 30 feet from centerline along the west side of 109th. This condition can be met with the dedication of right -of -way to facilitate the required street improvements. 17. The landscaping plan shall be revised to provide for a minimum caliper of two inches at planting for all street trees along public streets abutting the site. STAFF CONTACT: Planning Division (639 - 4171). This condition can be met and the attached Landscape Plans indicate two inch caliper trees along all public street frontages. 18. A demolition permit shall be obtained prior to destruction or moving any of the existing buildings on the site. If the buildings are on septic tanks, the tanks shall be pumped out and either removed or filled with sand or gravel. If the buildings are connected to sanitary sewers, the lines shall be capped off in an approved manner. An inspection shall be obtained after the tank is filled or the sewer capped. A copy of the receipt for septic tank pumping shall be provided to the Building Division. STAFF CONTACT: Dave Scott, Building Division (639 - 4171). SDR 93- 0009 /PDR 93 -0006 TRIAD APARTMENTS PAGE 13 This condition can be met with the preparation of a demolition plan. 19. The finished grade of cuts or fills shall have a maximum slope of 2:1, or else a professional engineer shall certify the stability of any steeper slopes. Prior to the issuance of building permits, a report from a registered engineer shall be submitted. The report shall indicate the location of any fill placed on building sites, suitability of the soil for building construction, and soil bearing capacity. STAFF CONTACT: Dave Scott, Building Division (639 - 4171). An engineers report will be provided for slopes which exceed the 2:1 maximum grade. 20. Building permits will not be issued and construction of proposed public improvements shall not commence until after the Engineering Division has reviewed and approved the public improvement plans and a street opening permit or construction compliance agreement has been executed. A 100 percent performance assurance or letter of commitment, a developer- engineer agreement, the payment of a permit fee and a sign installation /streetlight fee are required. This condition can be met and pertains to permits and performance bonds. 21. A detailed tree protection plan by a certified arborist approved by the city shall be submitted which complies with SECTION Chapter 18.150 (Tree Removal), and Chapter 18.80 Planned Development). This tree protection plan shall include a detailed survey of site and species of all trees having a six inch caliper or greater at four feet in height from ground level. The proposed building and site improvements shall be indicated on the tree survey. All trees designated for retention shall be indicated. All trees to be saved shall be protected during construction by fencing or similar means approved by the Planning Division. According to Tigard Community Development Code Chapter 18.120.A.3.a(v.), trees with a six inch caliper at four feet in height from ground level shall be saved where possible. The saving of existing trees may require moving or altering buildings and improvement shown on the approved plan. A Tree Preservation Plan has been prepared for the site under the direction of a consulting arborist as part of the submittal package which identifies existing trees at which equal or exceed six inches in caliper at 48 inches from ground level. The submittal package illustrates each individual tree and it's relationship to proposed construction. SDR 93- 0009 /PDR 93 -0006 TRIAD APARTMENTS PAGE 14 The submittal package illustrates the site in aerial photography format. This sheet illustrates the site in its currently vegetated state and identifies areas of tree preservation. Areas to be provided with tree protection fencing have been shown. The consulting arborist will be retained throughout the project duration to consult on tree preservation and protection. 22. The site plan shall be amended at the detailed development plan state to show four driveways with eight access points, with each driveway consisting of a median with a minimum 24' wide, one -way driveway on either side, at the following locations: A. Field Station location 13 +50 (north side of new SW 109th); B. Field Station location 13 +50 (south side of new SW 109th); C. Field Station location 23 +00 (west side of new SW 109th); and D. Field Station location 26 +30 (west side of new SW 109th). The revised site plan incorporates the approved four driveways and eight access points. Additionally the locations are substantially the same as approved with some minor modifications to take into account neighborhood concerns, on -site circulation and existing topography. The site and landscape plans shall be revised to reflect the required 24 foot width for each of the six (6) driveways. • PRIOR TO THE ISSUANCE OF AN OCCUPANCY PERMIT FOR ANY NEW BUILDINGS ON THIS SITE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR A SATISFACTORY PERFORMANCE ASSURANCE MAY BE POSTED GUARANTEEING COMPLETION OF THE NECESSARY IMPROVEMENTS WITHIN NO MORE THAN SIX MONTHS OF THE ISSUANCE OF A TEMPORARY OCCUPANCY PERMIT. 23. The applicant shall receive approval from the City of Tigard Police Department prior to assigning or installing addressing on buildings or directional address boards internal to the development. STAFF CONTACT: Kelley Jennings (639 - 4171). This condition can be met prior to issuance of Building Permit. 24. All landscaping materials and other proposed site improvements shall be installed as per the revised landscaping and site plans. STAFF CONTACT: Planning Division (639- 4171). The landscape plans have been revised to match the site improvement modifications. 25. A sign permit shall be obtained from the Planning Division prior to the erection of an identification sign. Sign location and size must be in SDR 93- 0009 /PDR 93 -0006 TRIAD APARTMENTS PAGE f5 accordance with the provisions of Section 18.114 of the Community Development Code. STAFF CONTACT: Planning Division (639 - 4171). This condition can be met. 26. Prior to the authorization to proceed with construction of any public improvements, the developer and the City shall enter into an agreement substantially similar to the draft agreement proposed by Triad and attached to this approval as "Attachment B ". Final wording of the agreement shall be reviewed and approved by the City Attorney. STAFF CONTACT: Randy Wooley, City Engineer. This condition can be met. SECTION IV. CONCLUSION As reviewed in the preceeding findings the modified site development review plan results in a minor modification to the approved Site Development Review plan. The proposed Detailed Planned Development also conforms to the approved Conceptual Planned Development. The proposed plan also implements the conditions of approval imposed on the approved plan. The Director therefore, approves this application. SECTION V. PROCEDURE 1. Notice: Notice was, posted at City Hall and mailed to: XX The applicant and owners XX Owners of record within the required distance XX The affected Citizen Involvement Team Representative XX Affected government agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON December 18. 1995 UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. SDR 93- 0009 /PDR 93 -0006 TRIAD APARTMENTS PAGE 16 The deadline for filing of an appeal is 3:30 p.m. on December 18. 1995. 4. Questions: If you have questions, please call the City of Tigard Planning Division (503 - 639 - 4171), Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 97223 4 12/7/95 PREPARED BY: Mark Roberts DATE Associate Planner I 30-3-efriv,i/ 12/7/95 APPROVED BY: Richard Bewers'drff DATE Senior Planner SDR 93- 0009 /PDR 93 -0006 TRIAD APARTMENTS PAGE 17 M ' I., j + /I , _ e_. 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