SUB2013-00004 Decision - Spruce Village NOTICE OF TYPE II DECISION
SUBDIVISION (SUB) 2013-00004
SPRUCE STREET SUBDIVISION T I GARD
120 DAYS = 5/16/2014
SECTION I. APPLICATION SUMMARY
FILE NAME: SPRUCE STREET SUBDIVISION
CASE NOS.: Subdivision (SUB) SUB2013-00004
Adjustments (VAR) VAR2013-00011 thru VAR2013-00018
REQUEST: The applicant is requesting Subdivision Review approval for a five lot subdivision on a
0.44-acre property located on the south side of SW Spruce Street and west of SW Hall Blvd.
Adjustments to all eight interior side yards from 5 feet to 4 feet are also requested for the
proposed single-family detached homes in addition to street improvements along the Spruce
Street frontage.
APPLICANT/ Anderson Homes APPLICANT'S Eric Evans, PE
OWNER: and Consulting,LLC REP.: Emerio Design
c/o John R.Anderson 6107 SW Murray Blvd., Suite 147
12670 SW 68`k'Avenue, Suite 400 Beaverton, OR 97008
Tigard, OR 97223
COMP. PLAN
AND ZONING
DESIGNATION: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a
full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic
and institutional uses are also permitted conditionally.
LOCATION: 8818 SW Spruce Street;Washington County Tax Map 1S135AD,Tax Lot 01900.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.430, 18.510, 18.705, 18.715,
18.745, 18.765, 18.780, 18.790, 18.795 and 18.810.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the
preliminary subdivision request subject to certain conditions of approval, and DENIED the adjustments to reduce all
interior side yards from 5 feet to 4 feet. The findings and conclusions on which the decision is based are noted in
Section VI of this decision.
NOTICE OF DECISION
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SUB2013-00004-SPRUCE STREET SUBDIVISION
CONDITIONS OF APPROVAL
THE APPLICANT SHALL CONSTRUCT THE PROPOSED DEVELOPMENT IN
SUBSTANTIAL COMPLIANCE WITH THE PLANS SUBMITTED EXCEPT AS MODIFIED
BY THE FOLLOWING CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY
ONSITE IMPROVEMENTS,INCLUDING GRADING,EXCAVATION AND/OR FILL ACTIVITIES:
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 PLANNING DEPARTMENT, ATTN: Gary
Pagenstecher (503-718-2434). The cover letter shall clearly identify where in the submittal the required
information is found:
1. Prior to site work, the project arborist shall perform a site inspection for tree protection measures, document
compliance/non-compliance with the urban forestry plan and send written verification with a signature of
approval directly to the city manager or designee within one week of the site inspection.
2. The project arborist shall perform bimonthly (twice monthly) site inspections for tree protection measures
during periods of active site development and construction, document compliance/non-compliance with the
urban forestry plan and send written verification with a signature of approval directly to the project planner
within one week of the site inspection.
3. Prior to site work, the applicant shall provide a tree establishment bond for all trees to be planted per the
approved urban forestry plan. The total bond amount shall be equivalent to the city's average cost to plant and
maintain a tree per the applicable standards in the Urban Forestry Manual ($489.00) for a period of two years
after planting multiplied by the total number of trees to be planted and maintained.
4. Prior to site work, the applicant shall provide a fee to cover the city's cost of collecting and processing the
inventory data for the entire urban forestry plan ($137.00+ $28.00 for each additional tree).
Submit to the Engineering Department (Mike McCarthy, 503-718-2462 or mikem @tigard-or.gov) for
review and approval:
5. Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is required for this project to
cover street, drainage, and utility improvements and any other work in the public right-of-way. Five (5) 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.tigard-
or.gov).
6. Prior to obtaining a site permit the applicant shall obtain city approval of design plans for a half-street
improvement of Spruce Street along their frontage to a 16-foot paved half-width with pavement tapers on
each end plus a curb, 5-foot wide planter strip (with street trees and lights) and 5-foot wide sidewalk, all
designed in accordance with applicable Tigard codes and industry best practices.
7. Prior to obtaining a site permit the applicant shall provide approval from TVF&R for access and hydrant
placement.
8. Prior to issuance of permits,the applicant shall pay the addressing fee. (STAFF CONTACT: Paul Izatt, Public
Works).
9. Prior to obtaining a site permit the applicant shall obtain approval from the Tualatin Valley Water District for
the proposed water connection.
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SUB2013-00004-SPRUCE STREET SUBDIVISION
10. Prior to obtaining the site permit the applicant shall obtain city and CWS approval of design plans for water
quality and detention facilities as required by Clean Water Services Design and Construction Standards and the
city of Tigard and shall address potential downstream drainage issues,and shall include a proposed maintenance
plan.
11. Prior to issuance of the site permit the applicant shall obtain city approval of plans to provide adequate
downstream drainage, which is anticipated to include replacing the culvert under Spruce St and opening up
the ditch from Spruce St towards Ash Creek.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL NAT:
Submit to the Engineering Department (Mike McCarthy, 503-718-2462 or mikem @tigard-or.gov) for
review and approval:
12. Prior to final plat approval, the applicant's engineer shall obtain city approval of a final access report which
verifies design of driveways and streets are safe by meeting standards for adequate sight distance and other
appropriate design parameters.
13. The applicant shall dedicate additional Right-of-Way to provide 27 feet from centerline on Spruce Street on
the final plat.
14. Prior to final plat approval the applicant shall provide a half-street improvement of Spruce Street along their
frontage to a 16-foot paved half-width with pavement tapers on each end, plus a curb, 5-foot wide planter
strip (with street trees and lights) and 5-foot wide sidewalk, all constructed in accordance with applicable
Tigard codes and industry best practices.
15. Prior to final plat approval the applicant shall obtain city and CWS approval of the complete construction of
the stormwater detention facilities and maintenance plans for them, including maintenance requirements
and provisions for any LIDA treatments used.
16. Prior to final plat approval the applicant shall obtain city approval of the completed work to provide
adequate downstream drainage, which is anticipated to include replacing the culvert under Spruce St and
opening up the ditch from Spruce St towards Ash Creek.
17. Prior to final plat approval the existing overhead utility lines along the frontage of Spruce Street shall be
relocated underground. All utilities serving the development shall be constructed underground
18. Prior to final plat approval all aspects of the proposed infrastructure (such as transportation, storm drainage,
sanitary sewer,water,utility, etc.) shall be in place and operational with accepted maintenance plans.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
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 PLANNING DEPARTMENT, ATTN: Gary
Pagenstecher (503-718-2434). The cover letter shall clearly identify where in the submittal the required
information is found:
19. Prior to issuance of building permits, the applicant shall provide on the building site plan for each resulting
lot or tract, the information detailed in Section 10,part 2.B-N of the Urban Forestry Manual consistent with
the approved urban forestry plan. Prior to issuance of any building permits for each resulting lot or tract, the
project arborist shall perform a site inspection for tree protection measures, document compliance/non-
compliance with the urban forestry plan and send written verification with a signature of approval with the
building permit submittal documents.
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SUB2013-00004-SPRUCE STREET SUBDIVISION
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO FINAL INSPECTION OF BUILDING PERMITS:
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 PLANNING DEPARTMENT, ATTN: Gary
Pagenstecher (503-718-2434). The cover letter shall clearly identify where in the submittal the required
information is found:
20. Prior to final building inspection for any lot or tract with an active urban forestry plan, the project arborist
shall perform a site inspection, document compliance/non-compliance with the urban forestry plan and
send written verification with a signature of approval to the city manager or designee.
21. Following final building inspection or upon acceptance by the city manager or designee when there is no
final building inspection, the tree establishment period shall immediately begin and continue for a period of
two years. There shall be a separate tree establishment period for each resulting lot or tract where trees are
shown to be planted in the approved urban forestry plan.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site History:
The site is currently developed with a single-family dwelling built in 1957. A search of City records found the
subject property had a code compliance citation for activities undertaken without permit and a home occupation
permit for a lighting contractor business.
Site Information and Proposal Description:
The applicant is requesting Subdivision Review approval for a five-lot subdivision on a 0.44-acre property located
on the south side of SW Spruce Street and west of SW Hall Blvd. Adjustments to all interior side yards from 5 feet
to 4 feet are also requested. for the proposed single-family detached homes in addition to street improvements along
the Spruce Street frontage.
Vicinity Information:
The site and all adjacent parcels are zoned R-12. The MUR-1 and MUR-2 zones,with densities of 50 and 25 units per
acre, respectively, surround the island of R-12 zoning and together form the southeast extent of the Washington
Square Regional Center District. The neighborhood is accessed from SW Hall Blvd along SW Spruce Street, SW 89th
Avenue,and SW Thom Street.Ash Creek and associated wetlands border the R-12 zoned neighborhood to the north
and west and south. Current development is primarily single-family dwellings on lots that vary in size from 0.16 to
0.66 acres. The proposed 5-lot subdivision represents an early transition in the immediate neighborhood from low to
medium density consistent with the Washington Square Regional Center Plan.
SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET
On August 6, 2013, the applicant held a neighborhood meeting where 16 neighbors attended. On
February 5, 2014, a Notice of a Pending Land Use Action was sent to neighboring property owners within 500 feet
of the subject site boundaries. The city received written comments from owners of seven neighborhood properties
opposed to the density and the setback adjustments for the proposed subdivision. Commenters voiced a general
concern that the proposed development is out of character with the existing primarily single-story residences on
large lots. They listed concerns, similar to those voiced earlier at the neighborhood meeting for pedestrian safety,
street improvements,parking, access to SW Hall, storm water, etc.
RESPONSE: With respect to planning issues, the proposed 5-lot subdivision meets the development code
standards for density where the minimum is 4 lots and the maximum is 6 lots. The eight side yard setback
adjustments cannot be granted because the criteria to allow them have not all been met. The proposal does include
off-street parking for three vehicles per dwelling, where the code only requires one per dwelling. Street
improvements, stormwater management, lighting and access to Hall Blvd. are Development Engineering issues that
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SUB2013-00004-SPRUCE STREET SUBDIVISION
are addressed by the Development Review Engineer and incorporated into this decision under Section VI, D Street
and Utility Improvements Standards (TDC18.810), below.
SECTION V. SUMMARY OF APPLICABLE CRITERIA
The following summarizes the criteria applicable to this decision in the order in which they are addressed:
A. Variances and Adjustments —18.370
18.370.020 Adjustments
B. Subdivisions —18.430
18.430.020 Subdivision
C. Applicable Specific Development Standards
18.510 (Residential zoning districts)
18.705 (Access, Egress and Circulation)
18.715 (Density)
18.725 (Environmental Performance Standards)
18.745 (Landscaping and screening)
18.765 (Off-street parking and loading requirements)
18.790 (Tree removal)
18.795 (Vision clearance)
D. Street and Utility Improvement Standards —18.810
18.810 (Street and Utility Improvement Standards)
E. Impact Study— (18.390)
18.390.040 (Type II Procedures)
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
A—VARIANCES AND ADJUSTMENTS
18.370.020 Adjustments
Development adjustments.
1. The following development adjustments will be granted by means of a Type I procedure, as governed by
Section 18.390.030, using approval criteria contained in paragraph 2 of this subsection B:
a. Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback
required in the base zone. Setback of garages may not be reduced by this provision.
b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard
setbacks required in the base zone.
c. Lot coverage. Up to 5% increase of the maximum lot coverage required in the base zone.
The applicant proposes to reduce the required minimum 5 foot side yard setbacks in the R-12 zone to 4 feet (20%)
for each internal side yard (east side yard Lot 1, both side yards Lots 2 thru 4, west side yard Lot 5). Therefore, a
Type I procedure is applicable meeting the clear and objective approval criteria (below).
2. Approval criteria. A development adjustment shall be granted if there is a demonstration of compliance
with all of the applicable standards:
a. A demonstration that the adjustment requested is the least required to achieve the desired effect;
As described in the applicant's narrative, the desired effect is to create a building envelope on created lots (Sheet 4
of 9) that can fit a 20-foot wide house. Given the width of the existing parcel (141.92 feet), to achieve this with five
lots (20-foot house + 8 feet in side yards = 28 feet/lot x 5 lots =140 feet + two 2-foot external side yards = 142
feet), 20% side yard setback reductions on internal side yards would be required. This criterion is met.
b. The adjustment will result in the preservation of trees, if trees are present in the development area;
Trees are present in the development area and the adjustment will not result in the preservation of trees. Two large
Garry Oaks located within the building envelopes of proposed lots 2 and 3 with Preservation Ratings of "2" are
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SUB2013-00004-SPRUCE STREET SUBDIVISION
proposed for removal. The applicant's narrative states that "the proposed adjustment will not result in the
preservation of any trees."Although the 20%o side yard adjustment (one foot) for one lot is not adequate to preserve
the trees, the cumulative impact of all 8 adjustments, which are needed to accommodate the fifth lot with the
proposed 20 foot wide product, would most likely result in tree removal, not preservation. Therefore, this criterion
is not met.
c. The adjustment will not impede adequate emergency access to the site;
Emergency access requires a minimum of 3-foot setbacks or a combined 6 feet for access. The proposed
adjustments would yield 8 feet combined. This criterion is met.
d. There is not a reasonable alternative to the adjustment which achieves the desired effect.
As described in the applicant's narrative, the desired effect is to create a building envelope on created lots (Sheet 4
of 9) that can fit a 20-foot wide house. As shown above, each of the 20% side yard reductions would be necessary
to achieve the desired effect.
FINDING: The code states that "a development adjustment shall be granted if there is a demonstration of
compliance with all of the applicable standards." Since trees are present in the development area,
and the cumulative impact of the adjustments allowing a fifth lot would result in the loss of both
trees in the development area, the adjustments would result in the removal of trees and not their
preservation. Therefore, the adjustments cannot be granted.
B—SUBDIVISION STANDARDS:
18.430.020 General Provisions
H. 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 property is at elevation 174 to 178 feet. As shown in the city's GIS mapping system, the edge of the 100-
year flood plain is located approximately 135 feet northwest of the subject property at elevation 170 feet. The
applicant's narrative provides an explanation for all needed utilities. Specific details of the proposed improvements are
discussed later in this decision under TDC 18.810, Street and Utility Improvement Standards Section. This provision is
met.
I. Need for adequate drainage. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and
According to the City's GIS mapping system, the subject property is not located within a "drainage hazard area."
Specific details of the proposed drainage improvements are discussed later in this decision under TDC 18.810,
Street and Utility Improvement Standards Section. This provision is met.
18.430.030 Approval Process
A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of
a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section
18.430.040.
18.430.040.Approval Standards —Preliminary Plat:
The proposed preliminary plat complies with the applicable zoning ordinance and other applicable
ordinances and regulations.
Compliance with the specific regulations and standards of the zoning ordinance are addressed in greater detail in this
decision, below, and have been shown to either meet, or be conditioned to meet, applicable standard and regulations
with this decision.This standard is met.
The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter
92.
The applicant has submitted a plat name reservation for "Spruce Village" subdivision, approved by Washington
County on February 18, 2014. This standard is met.
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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.
The proposed subdivision would be accessed from an existing street, SW Spruce Street. As shown on the applicant's
Preliminary Plat (Sheet 4 of 9), dedication of additional right of way to complete required street improvements as
indicated in the findings for 18.810 later in this decision is proposed.This standard is met.
An explanation has been provided for all common improvements.
The applicant's narrative provides an explanation for all common improvements, as required. Specific details of the
proposed improvements are discussed later in this decision under TDC 18.810, Street and Utility Improvement
Standards Section. This standard is met.
FINDING: Based on the analysis above, the proposal has met all of the preliminary plat approval standards for
subdivisions.
C—APPLICABLE TIGARD DEVELOMENT STANDARDS
Residential Zoning Districts (18.510)
Lists the description of the residential Zoning District.
The subject property is zoned R-12, Medium-Density Residential District. The R-12 zoning district is designed to
accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and
institutional uses are also permitted conditionally.
Table 18.510.1, Use Table, Residential Zones, lists permitted, restricted, conditional, and prohibited uses
in residential zones.
The proposed use is detached single-family household living, a permitted use in the R-12 zone.
Table 18.510.2 contains development standards in residential zones. The R-12 zoning district has the
following dimensional requirements:
TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-12 SF DU Proposed
Minimum Lot Size 3,725 min sq. ft.
Detached unit 3,050 sq. ft. 3,776 avg. sq. ft.
Duplexes-Attached unit 3,944 max sq. ft.
Average Minimum Lot Width None 28 feet
Maximum Lot Coverage 80% [1] Approx. 50%
Minimum Setbacks
Front yard 15 ft. 15 ft.
Side facing street on corner&through lots 10 ft. NA
Side yard 5 ft. *4 ft.
Rear yard 15 ft. 15 ft.
Side or rear yard abutting more restrictive zoning district 30 ft. NA
Distance between property line and front of garage 20 ft.
Maximum Height 35 ft. <35 ft.
Minimum Landscape Requirement 20% Approx. 50%
[1]Lot coverage includes all buildings and impervious areas.
* Development adjustments have been requested for this standard to reduce them by an allowed 20%.
According to the applicant's Preliminary Plat (Sheet 4 of 9), the proposed lots range in size from 3,725 square feet to
3,944 square feet with an average of 3,776 square feet(0.44 acres x 43,560 = 19,166.4 square feet gross -284 square feet
right-of-way dedication = 18,882 square feet net buildable area/5 lots). The applicant has requested 20%variances to
eight 5-foot internal side yard setbacks. As shown in the findings above for the adjustments request, the side yard
adjustments cannot be granted. The applicant's Preliminary Site Plan (Sheet 5 of 10) shows proposed building
envelopes that demonstrate compliance with front, rear and the adjusted interior side yard setbacks. Compliance with
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setbacks required under the base zone, building height, and minimum landscape requirements will be verified prior to
the issuance of building permits.
FINDING: Based on the analysis above, all development standards in the R-12 residential zone have been met
or will be verified at the time of building permit issuance.
Access, Egress and Circulation (18.705):
Chapter 18.705 establishes standards and regulations for safe and efficient vehicle access and egress on a
site and for general circulation within the site.
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 (applicant's plan set) that indicate how the requirements of access, egress and
circulation are to be met, consistent with this standard. This criterion is met.
Public street access. All vehicular access and egress as required in Sections 18.7O5.O3O.H and 18.705.O30.I
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.
As shown in the applicant's Site Plan (Sheet 5 of 9), lots 1 thru 5 will take access directly from SW Spruce Street.
This criterion is met.
Section 18.7O5.O3O.H.1 states that an access report shall be submitted with all new development proposals
which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance
and deceleration standards as set by ODOT,Washington County, the City and AASHTO.
The application proposes that each lot will access Spruce Street via a standard driveway connection. The
application includes preliminary sight distance measurements provided by Michael Ard of Lancaster Engineering
stating that adequate sight distance will be available for the proposed driveways and that driveway design standards
can be met with this proposal. This standard can be met by condition.
Prior to final plat approval, the applicant's engineer shall obtain city approval of a final access report which verifies
design of driveways and streets are safe by meeting standards for adequate sight distance and other appropriate
design parameters.
Section 18.7O5.O3O.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 be15O feet, measured from the right-of-way line of the intersecting street to
the throat of the proposed driveway. The setback may be greater depending upon the influence area, as
determined from City Engineer review of a traffic impact report submitted by the applicant's traffic
engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any
option for shared access with the adjacent parcel. If shared access is not possible or practical, the
driveway shall be placed as far from the intersection as possible.
The subject parcel is located on SW Spruce Street more than 350 feet west of Hall Blvd, an arterial street.
Therefore, all of the proposed driveways will be well beyond the influence area of SW Hall Blvd. This standard is
met.
Vehicular access and egress for single-family dwelling units on individual lots shall not be less than as
provided in Table 18.705.1.
According to Table 18.705.1, the width of driveways serving individual lots must be at least 10 feet paved within a
15 accessway. As shown on the Preliminary Site Plan (Sheet 5 of 9) the proposed double loaded parking aprons
meet this standard.
FINDING: Based on the analysis above, the applicable Access, Egress and Circulation standards are met.
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Density Computations and Limitations (18.715):
Chapter 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.
FINDING: The subject property is 0.44 gross acres. The following calculation demonstrates that a minimum of
4 lots and a maximum of 6 lots is permitted (0.44 x 43,560 = 19,166.4 square feet gross -284 square
feet right-of-way dedication = 18,882 square feet net buildable area/3,050 = 6.19 lots or 6 lots
maximum; minimum density is 6 lots x .80 = 4.80 or 4 lots). The applicant proposes 5 lots. The
Density Computations and Limitations criteria are met.
Environmental Performance Standards (18.725):
This chapter requires 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, odors, glare and heat, and insects and rodents:
Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard
Municipal Code shall apply.
Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning district,
there shall be no use, operation or activity which results in a stack or other point- source emission, other
than an emission from space heating, or the emission of pure uncombined water (steam) which is visible
from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015
and 340-28-070) apply.
Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any
given zoning district which is discernible without instruments at the property line of the use concerned.
Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any
point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090)
apply.
Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature
processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there
shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source;
and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment
at the time of construction or excavation work otherwise permitted by this title.
Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in
a manner which will not attract or aid the propagation of insects or rodents or create a health hazard.
FINDING: This is a detached single-family residential project, which is permitted within the R-12 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. The Environmental Performance standards are met.
Landscaping and Screening (18.745):
18.745.040 Street Tree Standards
A. Street trees shall be required as part of the approval process for conditional use (Type III), downtown
design review (Type II and III), minor land partition (Type II), planned development (Type III), site
development review (Type II) and subdivision (Type II and III) permits.
B. The minimum number of required street trees shall be determined by dividing the linear amount of
street frontage within or adjacent to the site (in feet) by 40 feet. When the result is a fraction, the minimum
number of required street trees shall be determined by rounding to the nearest whole number.
C. Street trees required by this section shall be planted according to the street tree planting standards in
the Urban Forestry Manual.
D. Street trees required by this section shall be provided adequate soil volumes according to the street tree
soil volume standards in the Urban Forestry Manual.
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E. Street trees required by this section shall be planted within the right-of-way whenever practicable
according to the street tree planting standards in the Urban Forestry Manual. Street trees may be planted
no more than six feet from the right-of-way according to the street tree planting standards in the Urban
Forestry Manual when planting within the right-of-way is not practicable.
FINDING: Street trees are required for subdivisions. With 141.92 lineal feet of frontage on SW Spruce, four
street trees are required (141.92/40 = 3.54 or 4 trees). Four trees are proposed. As shown in the
Street Tree and Soil Volume Plan (Sheet L1), the street tree planting and soil volume standards in
the Urban Forestry Manual are met. Sheet L1 also shows the proposed Paperbark street trees to be
planted six feet back of sidewalk, consistent with the street tree location standard when not within
the right-of-way. The proposed development meets the applicable street tree standards.
Off-Street Parking and Loading Requirements (18.765):
18.765.030 General Provisions
Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings
shall be located on the same lot with the dwelling(s).
Per Table 18.765.2, Minimum and Maximum Required Off-Street Vehicle and Bicycle Parking
Requirements, single-family dwelling units require a minimum of one parking space and no maximum;
no bicycling spaces are required.
FINDING: Table 18.765.2 requires one vehicle parking space per dwelling unit. The applicant proposes two
parking apron spaces and one garage space for a total of three parking spaces for each dwelling.
The Off-Street Parking provisions are met.
Urban Forestry (18.790):
18.790.030 Urban Forestry Plan Requirements
A. Urban Forestry Plan Requirements. An urban forestry plan shall:
1. Be coordinated and approved by a landscape architect (the project landscape architect) or a person that
is both a certified arborist and tree risk assessor (the project arborist), except for Minor Land Partitions
that can demonstrate compliance with effective tree canopy cover and soil volume requirements by
planting street trees in open soil volumes only;
The application includes an Existing Conditions Plan (Sheet 2 of 9), Preliminary Tree Preservation and Removal
Plan (Sheet 8 of 9), Street Tree and Soil Volume Plan (Sheet L1), Preliminary Landscape Plan (Sheet 7), and a
Supplemental Arborist Report by Peter Torres, a certified arborist and tree risk assessor (Exhibit 8). The Urban
Forestry Plan requirements are met.
2. Meet the Tree Preservation and Removal Site Plan standards in the Urban Forestry Manual;
Part 1 of Section 10 of the Urban Forestry Manual describes the components to be included in the Tree
Preservation and Removal Site Plan. The Preliminary Tree Preservation and Removal Plan (Sheet 8 of 9) include
these components. The Tree Preservation and Removal Site Plan standards are met.
3. Meet the Tree Canopy Site Plan standards in the Urban Forestry Manual; and
Part 2 of Section 10 of the Urban Forestry Manual sets forth Tree Canopy Site Plan Requirements. The Street Tree
and Soil Volume Plan (Sheet L1) contains the applicant's proposal to meet these requirements. New development
in the R-12 Zone is required to have 33 percent of effective tree canopy coverage of the net development site
(excluding streets). As shown on the preliminary plans and narrative, the total net development site area is 19,170
square feet. As shown on the preliminary plans, the total qualifying mature tree canopy area provided is 6,379 or 53
square feet greater than the 6,326 square feet required. The Tree Canopy Site Plan standards are met.
4. Meet the Supplemental Report standards in the Urban Forestry Manual.
Section 10 of the Urban Forestry Manual describes the components to be included in the supplemental report. The
applicant's Supplemental Arborist Report discusses the existing and proposed trees on tze site and how the
proposed trees meet the standards of the Urban Forestry Manual. The applicant's preliminary plans and
supplemental report meet the Supplemental Report standards.
18.790.060 Urban Forestry Plan Implementation
NO I1CP.OF DIiCISION PAGE 10 OF 18
SUB2OI3-00004-SPRUCE S1'RE]11'SI IBDIVISION
A. General Provisions. An urban forestry plan shall be in effect from the point of land use approval until
the director determines all applicable urban forestry plan conditions of approval and code requirements
have been met. For subdivisions and partitions, the urban forestry plan shall remain in effect for each
resulting lot or tract separately until the director determines all applicable urban forestry plan conditions
of approval and code requirements have been met. Prior and subsequent permitting decisions regarding
the planting, maintenance, removal and replacement of trees when not associated with one of the land use
review types in Section 18.790.020.A shall be administered through Title 8 (Urban Forestry) of the Tigard
Municipal Code.
Procedures for ensuring compliance with the urban forestry plan and supplemental report is set forth in Section 11
(Urban Forestry Plan Implementation Standards) of the Urban Forestry Manual. Compliance with Section 11 will
be ensured through conditions of approval, as discussed below.
B. Inspections. Implementation of the urban forestry plan shall be inspected, documented and reported by
the project arborist or landscape architect whenever an urban forestry plan is in effect. In addition, no
person may refuse entry or access to the director for the purpose of monitoring the urban forestry plan on
any site with an effective urban forestry plan. The Inspection Requirements in the Urban Forestry Manual
shall apply to sites with an effective urban forestry plan.
Inspection requirements are set forth in Part 1 of Section 11 of the Urban Forestry Manual. In order to ensure
compliance with inspection requirements during all site development and building permit phases of this subdivision
application, the applicant shall be subject to conditions of approval consistent with the procedures and timing set
forth in Part 1 of Section 11 of the Urban Forestry Manual. As conditioned, this standard will be met.
C. Tree Establishment. The establishment of all trees shown to be planted in the Tree Canopy Site Plan
(per 18.790.030.A.3) and Supplemental Report (per 18.790.030.A.4) of a previously approved urban forestry
plan shall be guaranteed and required according to the Tree Establishment Requirements in the Urban
Forestry Manual.
Tree establishment requirements are set forth in Part 2 of Section 11 of the Urban Forestry Manual. In order to
ensure compliance with tree establishment requirements throughout all stages of the site development and building
process, conditions of approval are being applied consistent with the procedures and timing set forth in Part 2 of
Section 11 of the Urban Forestry Manual. As conditioned, this standard will be met.
D. Urban Forest Inventory. Spatial and species specific data shall be collected according to the Urban
Forestry Inventory Requirements in the Urban Forestry Manual for each open grown tree and area of
stand grown trees in the Tree Canopy Site Plan (per 18.790.030.A.3) and Supplemental Report (per
18.790.030.A.4) of a previously approved urban forestry plan.
Urban Forest Inventory requirements are set forth in Part 3 of Section 11 of the Urban Forestry Manual. In order
to ensure compliance with inventory requirements throughout all stages of the site development and building
process, conditions of approval are being applied consistent with the procedures and timing set forth in Part 3 of
Section 11 of the Urban Forestry Manual. As conditioned, this standard will be met.
FINDING: As shown in the analysis above, the applicable provisions of the Urban Forestry Plan are met.
To ensure compliance, the following conditions of approval are imposed.
CONDITIONS:
• Prior to site work, the project arborist shall perform a site inspection for tree protection measures,
document compliance/non-compliance with the urban forestry plan and send written verification
with a signature of approval directly to the city manager or designee within one week of the site
inspection.
• The project arborist shall perform bimonthly (twice monthly) site inspections for tree protection
measures during periods of active site development and construction, document compliance/non-
compliance with the urban forestry plan and send written verification with a signature of approval
directly to the project planner within one week of the site inspection.
• Prior to site work, the applicant shall provide a tree establishment bond for all trees to be planted
per the approved urban forestry plan. The total bond amount shall be equivalent to the city's
NOTICE.OF DECISION PAGE 11 01;18
SUB2013-00004-SPRUCE S1R1:1 '1'SUBDIVISION
average cost to plant and maintain a tree per the applicable standards in the Urban Forestry
Manual ($489.00) for a period of two years after planting multiplied by the total number of trees to
be planted and maintained.
• Prior to continued site work, the applicant shall provide a fee to cover the city's cost of collecting
and processing the inventory data for the entire urban forestry plan ($137.00 + $28.00 for each
additional tree).
• Prior to final building inspection for any lot or tract with an active urban forestry plan, the project
arborist shall perform a site inspection, document compliance/non-compliance with the urban
forestry plan and send written verification with a signature of approval to the city manager or
designee.
• Following final building inspection or upon acceptance by the city manager or designee when there
is no final building inspection, the tree establishment period shall immediately begin and continue
for a period of two years. There shall be a separate tree establishment period for each resulting lot
or tract where trees are shown to be planted in the approved urban forestry plan.
Vision Clearance (18.795):
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.
FINDING: New home construction and driveways on each of the proposed lots are required to meet the
applicable visual clearance triangle requirements. Prior to issuance of building permits visual
clearance will be ensured through site plan review.This standard is met.
D—STREET AND UTILITY IMPROVEMENTS STANDARDS (SECTION 18.810):
Street And Utility Improvements Standards (Section 18.810):
Chapter 18.810 provides construction standards for the implementation of public and private facilities and
utilities such as streets,sewers, and drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in
accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an
existing street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030E requires a Local Street (with parking on
both sides) to have at least a 54-foot right-of-way width and 32-foot paved section with 5-foot wide sidewalks
and planter strips,street lights,street trees,storm drainage, and underground utilities.
This site lies adjacent to Spruce Street,which is classified as a Local Street in the Tigard Transportation System Plan.
At present, there is approximately 25 feet of right-of-way half-width from the centerline. The applicant shall
dedicate additional right-of-way to provide 27 feet from centerline on Spruce Street on the final plat. This
dedication is shown on the plans submitted with the application.
The applicant shall provide a half-street improvement of Spruce Street along their frontage to a 16-foot paved half-
width with pavement tapers on each end, plus a curb, 5-foot wide planter strip (with street trees and lights), 5-foot
wide sidewalk, storm drainage system, and underground utilities, all constructed in accordance with applicable
Tigard codes and industry best practices.
Comments have been received from neighbors expressing concern about the width of Spruce Street. This proposal
would widen Spruce St towards the subject property by about 6 feet,which should help alleviate these concerns.
NOTICE OF DECISION PAGE 12 OF 18
SUB2013-00004-SPRUCE STREET SUBDIVISION
Traffic Study: Section 18.810.030.CC requires a traffic study for applications whose trip generation exceeds
certain thresholds or if other circumstances, such as safety issues, are identified by the City Engineer.
The proposal includes construction of five new houses and removal of one existing house. This would be calculated to
generate 38 additional daily trips including 4 additional afternoon peak hour trips (2 entering and 2 exiting). This trip
generation is significantly below the threshold for requiring a traffic study.
Comments have been received from neighbors expressing concerns about the intersection of Spruce Street with Hall
Boulevard. The application includes a traffic evaluation of this intersection that was performed by Michael Ard of
Lancaster Engineering, and included observation of the delay experienced by vehicles exiting this neighborhood from
Spruce St onto or across Hall Blvd. This observation found the eastbound Spruce St approach to be functioning at
Level of Service (LOS) C during the morning peak hour and LOS D during the afternoon peak hour, and that adequate
capacity will still be available if development traffic is added. This observation also included a review of state crash
records, which did not include any recorded crashes over a four year period from 2009 through 2012. Based on these
observations it can be concluded that this intersection will continue to meet city and state standards and accepted traffic
engineering parameters for available capacity and safety.
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average
lot width,unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district.
Proposed Lots are 28 feet wide by 135 feet deep,which is 4.8 times the average lot width. The minimum lot size of the
R-12 zoning district is 3,050 square feet. The proposed lots range between 3,725 sq. ft. minimum and 3,944 sq. ft
maximum,with the average being 3,776 sq. ft. None of the proposed lots exceed 1.5 times the minimum lot size (4,575
s£). This standard is met.
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private
streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies,which requires a parcel to
either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases
where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet.
All of the proposed lots have at least 25 feet of frontage onto a public or private street. This standard is met.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and
be located on both sides of arterial, collector and local residential streets.
This proposal includes construction of sidewalk that meets city standards along the frontage of the subject property
along Spruce St.
Section 18.810.070.B states that if there is an existing sidewalk on the same side of the street as the
development site in either direction, the sidewalk shall be extended from the site to meet the existing
sidewalk, subject to rough proportionality.
The eastern edge of the subject property is about 370 feet from the existing sidewalk along Hall Blvd, which
exceeds the 300-foot threshold for this requirement.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new
development and to connect developments to existing mains in accordance with the provisions set forth in
Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean
Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the
Comprehensive Plan.
Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of
additional development within the area as projected by the Comprehensive Plan.
NOTICE OF DECISION PAGE 13 OF 18
SUB2013-OOOO4-SPRUCE STREET SUBDIVISION
Each of the five proposed lots are proposed to connect to the existing 8" sanitary sewer line under Spruce Street,
which is anticipated to have adequate capacity to serve this development and others in this area.
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 Engineer shall approve the necessary size of the facility,
based on the provisions of Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 2000 and including any future revisions or
amendments).
There are no apparent significant upstream drainage ways that impact this development. The applicant shall design
the storm drainage system to also accommodate all drainage that currently flows onto the subject property. All
aspects of the storm drainage system shall be complete and be reviewed and approved prior to plat approval. This
criterion can be met with conditions.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City
Engineer that the additional runoff resulting from the development will overload an existing drainage
facility, the Director and Engineer shall withhold approval of the development until provisions have been
made for improvement of the potential condition or until provisions have been made for storage of
additional runoff caused by the development in accordance with the Design and Construction Standards
for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including
any future revisions or amendments).
Comments have been received about, and field staff has identified, downstream drainage capacity deficiencies that
would be exacerbated by the additional runoff volume that would result from the proposed development. Runoff
from this development is proposed to flow to the west along the south side of Spruce St for about 140 feet then
flow through a culvert under Spruce St then flow along a ditch for about 100 feet to Ash Creek. In order to
accommodate this drainage it appears necessary to open up this ditch and likely replace the culvert under Spruce St.
Prior to issuance of the site permit the applicant shall obtain city approval of plans to provide adequate downstream
drainage, which is anticipated to include replacing the culvert under Spruce St and opening up the ditch from
Spruce St towards Ash Creek. This work shall be completed prior to plat approval.
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.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water
Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which
require the construction of on-site water quality facilities. The facilities shall be designed in accordance
with the CWS Design and Construction Standards for Sanitary Sewer and Surface Water Management and
shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water
runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be
submitted indicating the frequency and method to be used in keeping the facility maintained through the
year.
NOTICE OF DECISION PAGE 14 Of;18
SUB2013-00004-SPRUCE STREET SUBDIVISION
Comments have been received expressing concern about the potential for increased runoff caused by the proposed
development and potential effects downstream.
Stormwater detention and quality treatment are required for this development. The applicant is proposing to treat
drainage from the house roofs via flow-through planter boxes on each property. Rather than treat the drainage
from the driveways and street, the applicant is proposing to pay a fee-in-lieu,which may not be acceptable. It is
evident that an adequate stormwater detention and quality system can be provided for this proposed development.
These standards can be met by condition.
The applicant shall provide water quality and detention facilities as required by Clean Water Services Design and
Construction Standards and the city of Tigard and shall address potential downstream drainage issues. Final plans and
calculations shall be submitted to the Engineering Department (Mike McCarthy) for review and approval prior to
issuance of the site permit. In addition,a proposed maintenance plan shall be submitted along with the plans and
calculations for review and approval.
Prior to final plat approval the applicant shall obtain city and CWS approval of the complete construction of the
stormwater detention facilities and maintenance plans for them, including maintenance requirements and provisions
for any LIDA treatments used.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication,
lighting and cable television services and related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above
ground, temporary utility service facilities during construction, high capacity electric lines operating at
50,000 volts or above, and:
• The developer shall make all necessary arrangements with the serving utility to provide the
underground services;
• The City reserves the right to approve location of all surface mounted facilities;
• All underground utilities, including sanitary sewers and storm drains installed in streets by the
developer, shall be constructed prior to the surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing the street improvements
when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee
in-lieu of under-grounding costs when the development is proposed to take place on a street where
existing utilities which are not underground will serve the development and the approval authority
determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of
under-grounding in conjunction with the development. The determination shall be on a case-by-case
basis. The most common, but not the only, such situation is a short frontage development for which
under-grounding would result in the placement of additional poles, rather than the removal of above-
ground utilities facilities. An applicant for a development which is served by utilities which are not
underground and which are located across a public right-of-way from the applicant's property shall pay a
fee in-lieu of under-grounding.
There are existing overhead utility lines along the frontage of Spruce Street. These utilities shall be relocated
underground as part of this development. All utilities serving the development shall be constructed underground
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Fire and Life Safety:
The applicant shall provide approval from Tualatin Valley Fire & Rescue (TVF&R) for access and hydrant
placement prior to issuance of the PFI permit.
Public Water System:
NO'I'ICI?cm,DECISION PAGE 15 OF 18
SUB2U13-00004-SPRUCE S'1'RI I'SUBDIVISION
Tualatin Valley Water District (TVWD) provides service in this area. The applicant shall obtain approval from
TVWD of all aspects of the proposed development prior to issuance of the PFI permit.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment
and other pollutants reaching the public storm and surface water system resulting from development,
construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS
regulations, the applicant is required to submit an erosion control plan for City review and approval prior
to issuance of City permits.
The applicant shall meet the requirements of the Federal Clean Water Act regarding National Pollutant
Discharge Elimination System (NPDES) erosion control permits that may be needed for this project.
The applicant shall follow all applicable requirements regarding erosion control.
Site Permit Required:
The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private utility
installations (water, sewer, storm, etc.) and driveway construction.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in
the amount of$50.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of permits.
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.
Survey Requirements
The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the
City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line
and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat
shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid
north. These coordinates can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall
provide the City with an electronic file with points for each structure (manholes, catch basins,water valves, hydrants
and other water system features) in the development, and their respective X and Y State Plane Coordinates,
referenced to NAD 83 (91).
E—IMPACT STUDY
SECTION 18.390.040.B.e requires that the applicant include an impact study. The study shall address, at a
minimum, the transportation system, including bikeways, the drainage system, the parks system, the water
system,the sewer system, and the noise impacts of the development. For each public facility system and type
of impact of the development on the public at large, public facilities systems, and affected private property
users. In situations where the Community Development Code requires the dedication of real property
interests, the applicant shall either specifically concur with the dedication of real property interest, or provide
evidence which supports the conclusion that the real property dedication requirement is not roughly
proportional to the projected impacts of the development.
The applicant has submitted an impact study (Application, Exhibit 3) addressing the required elements above. As
shown in the applicant's Preliminary Site Plan (Sheet 5 of 9) and narrative, the applicant specifically concurs with the
required real property right-of-way dedication for SW Spruce Street.
External street improvements are required to offset the general contribution of traffic impacts (vehicular,
pedestrian, etc.) generated from the development and to systematically bring substandard systems into
NOTICF OF DECISION PAGE 16 OF 18
SUB2013-00004-SPRUCE STREET SUBDIVISION
conformance. These half-street frontage improvements are required to be roughly proportional to the impacts
resulting from development of the property.
ROUGH PROPORTIONALITY ANALYSIS
The Transportation Development Tax (TDT) is a mitigation measure required for new development and will be paid at
the time of building peitnits. Based on Washington County implementation figures for 2013/2014,TDTs are expected
to recapture approximately 23.0 percent of the traffic impact of new development on the Collector and Arterial Street
system. Based on the use and the size of the use proposed and upon completion of this development, the future
builders of the residences will be required to pay TDTs of approximately $26,660 ($6,665 x 5 single-family dwelling
units with credit for one existing dwelling).
Based on the estimate that total TDT fees cover 23.0 percent of the impact on major street improvements citywide, a
fee that would cover 100 percent of this project's traffic impact is $115,913 ($26,660 _ 0.23). The difference between
the TDT paid and the full impact,is considered as unmitigated impact.
Estimate of Unmitigated Impacts
Full Impact TDT_0.233= $115,913
Less TDT Assessment 4 lots x$6,665/lot= $26,660
Less ROW value 284 s.f.x$3/s.f.= $852
Less 1/2 street improvement value 1421.f.x$200/l.f.= $28,400
Estimated Value of Remaining Unmitigated Impacts $60,001
FINDING: Using the above cost factors, it can be determined that the value of the remaining unmitigated
impacts exceeds the costs of the conditions imposed and, therefore, the conditions are roughly
proportional and justified.
SECTION VII. OTHER STAFF COMMENTS
The City Police Department reviewed the proposal and had no objections to it.
The City Development Review Engineer (Contact Mike McCarthy, 503-718-2462) has reviewed the proposal
and provided comment in a Memorandum dated February 20,2014,which is attached as Exhibit C. In addition, the
findings and conclusions in the Memorandum have been incorporated into this land use decision.
SECTION VIII. AGENCY COMMENTS
Tualatin Valley Water District (Ryan Smith) reviewed the proposal and determined in a January 15, 2014 Service
Provider Letter that the service level is adequate.
Century Link (Alan Meins, ROW Agent, 503-242-5517) commented that they had no objections to the proposal
"provided that it is understood that any costs incurred by CenturyLink for relocation/adjustments of our facilities
will be billed to the owner/developer. Pleases contact our engineer, Theresa Coleman, at 503-242-3952 for cost
estimates in the event that relocation/adjustments are required."
Frontier Communication Northwest, Inc. (John Cousineau, 503-643-0371) reviewed the proposal and stated that
any aerial cables that are undergrounded "will require the developer to sign a Letter of Intent and pay required fees
to cover labor and material."
Clean Water Services (Laurie Harris, 503-681-3603) has reviewed this proposal and issued a Service Provider
Letter dated September 13, 2013 (Application, Exhibit 7) stating that "Staff concurs that the [subject] project will
not significantly impact the existing Sensitive Areas found near the site."(CWS File No. 13-002251). In addition, a
storm water connection Memorandum was issued February 17, 2014 stating authorization must be obtained prior to
plat approval and recordation.
NOTICE OF DECISION PAGE 17 OF 18
SUB2013-00004-SPRUCE,STREET SUBDIVISION
Tualatin Valley Fire and Rescue (John Wolfe, 503-259-1504) has reviewed the proposal and submitted a
comment letter dated February 11, 2013,which is attached as Exhibit D.
Exhibits: A. Site Plan
B. Zoning and Vicinity Map
C. Memorandum from Mike McCarthy, Senior Project Engineer, dated February 20,2014
D. Letter from Tualatin Valley Fire& Rescue, dated February 11, 2014
SECTION IX. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to:
X The applicant and owners
X Owners of record within the required distance
X Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON FEBRUARY 27, 2014 AND
EFFECTIVE ON MARCH 19, 2014 UNLESS AN APPEAL IS FILED.
Areal:
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 w_ich provides that a written appeal together with the required fee shall be filed with the
Director within ten (10) 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 to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 4:00 PM ON MARCH 18,2014.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall
Boulevard,Tigard, Oregon at (503) 639-4171.
P4
February 27,2014
PREPARED: ary Pagenstecher DATE
Associate Planner
V
��� February 27, 2014
APPROVED BY`: Tom McGuire DATE
Assistant Community Development Director
NOTICE OF DECISION PAGE 18 OF 18
SUB2013-00004-SPRUCE STREET SUBDIVISION
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THORN ST
G1LL.E C T Overlay Zones
LV 1� ,l Historic District Overlay
R-12 Planned Development Overlay
Map Printed:21-Feb-14
INFORMATION ON THIS MAP IT FOR GENERAL LOCATION
ONL,AND SHOULD BE`•ERIFIED'WITH THE DEVELOPMENT
I SERVICE_,Or'VON
I `__
DATA IS DERIVED FROM MULTIPLE:OURCES THE CITY OF TIGARD
MAKES NOT WARRANTY,REPR'_3ENTLTION,GR GD=RANTEE AS TO THE
, CONTENT.ACCURA,'Y,TIMELINESS OR COMPLETE:4E^_OF ANY GE THE
DATA PROVIDES HEREIN THE CITY OF TIGARD SHALL AU=UME NO
LIBABILITY FOR ANY ERRORS.OMISSIONS,OR INAOCURF CIES IN THE
INFORMATION PRO'!LED REGARDLESS OF NOV CAUSED
_ .-- COMMUNITY DEVELOPMENT DEPARTMENT tll
"A Place to Call Home"
0 City of Tigard t--I
Feet �IGn^D eps 13125 SW H211 Blvd (�
0 120 240 M Tigard,OR 97223 ■
503 639-4171 i-3
www.tigard-or.gov Tic;nEo
EXHIBIT C
: " City of Tigard
TIGARD Memorandum
To: Gary Pagenstecher, Associate Planner
From: Mike McCarthy, Senior Project Engineer
Re: SUB 2013-04 and VAR 2013-11-18; Subdivision, 8818 SW Spruce St
Date: February 20, 2014
Access Management (Section 18.705)
Section 18.705.030.B requires site plans be presented for approval showing how access
requirements are to be fulfilled in accordance with this chapter.
The application includes a site plan for the proposed 5-lot subdivision.
Section 18.705.030.D states that all vehicular access and egress ... 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.
Each of the proposed lots will have access directly to Spruce Street. This standard is met.
Section 18.705.030.H.1 states that an access report shall be submitted with all new
development proposals which verifies design of driveways and streets are safe by meeting
adequate stacking needs, sight distance and deceleration standards as set by ODOT,
Washington County, the City and AASHTO.
The application proposes that each lot will access Spruce Street via a standard driveway connection.
The application includes preliminary sight distance measurements provided by Michael Ard of
Lancaster Engineering stating that adequate sight distance will be available for the proposed
driveways and that driveway design standards can be met with this proposal. This standard can be
met by condition.
Prior to final plat approval, the applicant's engineer shall obtain city approval of a final access report
which verifies design of driveways and streets are safe by meeting standards for adequate sight
distance and other appropriate design parameters.
Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the
influence area of collector or arterial street intersections. Influence area of intersections is
that area where queues of traffic commonly form on approach to an intersection. The
minimum driveway setback from a collector or arterial street intersection shall be150 feet,
measured from the right-of-way line of the intersecting street to the throat of the proposed
driveway. The setback may be greater depending upon the influence area, as determined
from City Engineer review of a traffic impact report submitted by the applicant's traffic
engineer. In a case where a project has less than 150 feet of street frontage, the applicant
must explore any option for shared access with the adjacent parcel. If shared access is not
possible or practical, the driveway shall be placed as far from the intersection as possible.
The proposed accesses are more than 350 feet from the intersection of Spruce St with Hall Blvd,
which is the nearest Collector or Arterial, and are outside the queuing and influence area of the
Spruce/Hall intersection. This standard is met.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets
along a collector shall be 200 feet. The minimum spacing of driveways and streets along an
arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be
125 feet.
No new driveways or street connections are proposed to Arterials or Collectors. This standard is
met.
Street And Utility Improvements Standards (Section 18.810):
Chapter 18.810 provides construction standards for the implementation of public and private
facilities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be
improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a
portion of an existing street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030E requires a Local Street (with
parking on both sides) to have at least a 54-foot right-of-way width and 32-foot paved section
with 5-foot wide sidewalks and planter strips, street lights, street trees, storm drainage, and
underground utilities.
This site lies adjacent to Spruce Street,which is classified as a Local Street in the Tigard Transportation
System Plan. At present, there is approximately 25 feet of right-of-way half-width from the
centerline. The applicant shall dedicate additional right-of-way to provide 27 feet from centerline on
Spruce Street on the final plat. This dedication is shown on the plans submitted with the
application.
The applicant shall provide a half-street improvement of Spruce Street along their frontage to a 16-
foot paved half-width with pavement tapers on each end, plus a curb, 5-foot wide planter strip (with
street trees and lights), 5-foot wide sidewalk, storm drainage system, and underground utilities, all
constructed in accordance with applicable Tigard codes and industry best practices.
Comments have been received from neighbors expressing concern about the width of Spruce Street.
This proposal would widen Spruce St towards the subject property by about 6 feet,which should
help alleviate these concerns.
Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street
plan shall be filed which shows the pattern of existing and proposed future streets from the
boundaries of the proposed land division. This section also states that where it is necessary to
give access or permit a satisfactory future division of adjoining land, streets shall be extended
to the boundary lines of the tract to be developed and a barricade shall be constructed at the
end of the street. These street stubs to adjoining properties are not considered to be cul-de-
sacs since they are intended to continue as through streets at such time as the adjoining
property is developed. A barricade shall be constructed at the end of the street by the property
owners which shall not be removed until authorized by the City Engineer, the cost of which
shall be included in the street construction cost. Temporary hammerhead turnouts or
temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length.
Existing development of adjacent properties precludes new street alignments and connections.
Street Alignment and Connections:
Section 18.630.040 and 18.810.030.H.1 state that full street connections with spacing of no
more than 530 feet between connections is required. Exceptions can be made where
prevented by barriers such as topography, railroads, freeways, pre-existing developments,
lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995
which preclude street connections. A full street connection may also be exempted due to a
regulated water feature if regulations would not permit construction.
Existing development of adjacent properties precludes new street alignments and connections.
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 existing grades along Spruce Street are less than 12%. No grade changes are proposed to
Spruce Street. This standard is met.
Traffic Study: Section 18.810.030.CC requires a traffic study for applications whose trip
generation exceeds certain thresholds or if other circumstances, such as safety issues, are
identified by the City Engineer.
The proposal includes construction of five new houses and removal of one existing house. This would
be calculated to generate 38 additional daily trips including 4 additional afternoon peak hour trips (2
entering and 2 exiting). This trip generation is significantly below the threshold for requiring a traffic
study.
Comments have been received from neighbors expressing concerns about the intersection of Spruce
Street with Hall Boulevard. The application includes a traffic evaluation of this intersection that was
performed by Michael Ard of Lancaster Engineering, and included observation of the delay experienced
by vehicles exiting this neighborhood from Spruce St onto or across Hall Blvd. This observation found
the eastbound Spruce St approach to be functioning at Level of Service (LOS) C during the morning
peak hour and LOS D during the afternoon peak hour, and that adequate capacity will still be available
if development traffic is added. This observation also included a review of state crash records, which
did not include any recorded crashes over a four year period from 2009 through 2012. Based on these
observations it can be concluded that this intersection will continue to meet city and state standards and
accepted traffic engineering parameters for available capacity and safety.
Block Designs - Section 18.810.040.A states that the length,width and shape of blocks shall be
designed with due regard to providing adequate building sites for the use contemplated,
consideration of needs for convenient access, circulation, control and safety of street traffic and
recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall
not exceed 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.
This property is part of a very large block with a perimeter of well over 2,000 feet. However, this
property is not at a location where a street connection would be appropriate to reduce this block length,
and connections are also precluded by existing development on adjacent properties.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public
easements or right-of-ways shall be provided when full street connection is not possible.
Spacing between connections shall be no more than 330 feet, except where precluded by
environmental or topographical constraints, existing development patterns, or strict
adherence to other standards in the code.
Existing development on the west,south,and east precludes additional connections in those directions.
Section 18.810.060.B requires each lot to abut a public or private street for a width of at least 25
feet.
Each lot has at least 28 feet of frontage on Spruce Street. This standard is met.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design
standards and be located on both sides of arterial, collector and local residential streets.
This proposal includes construction of sidewalk that meets city standards along the frontage of the
subject property along Spruce St.
Section 18.810.070.B states that if there is an existing sidewalk on the same side of the street
as the development site in either direction, the sidewalk shall be extended from the site to
meet the existing sidewalk, subject to rough proportionality.
The eastern edge of the subject property is about 370 feet from the existing sidewalk along Hall
Blvd,which exceeds the 300-foot threshold for this requirement.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each
new development and to connect developments to existing mains in accordance with the
provisions set forth in Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 1996 and including any future revisions
or amendments) and the adopted policies of the comprehensive plan.
Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include
consideration of additional development within the area as projected by the Comprehensive
Plan.
Each of the five proposed lots are proposed to connect to the existing 8" sanitary sewer line under
Spruce Street, which is anticipated to have adequate capacity to serve this development and others in
this area..
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 Engineer
shall approve the necessary size of the facility, based on the provisions of Design and
Construction Standards for Sanitary and Surface Water Management(as adopted by Clean
Water Services in 2000 and including any future revisions or amendments).
There are no apparent significant upstream drainage ways that impact this development. The
applicant shall design the storm drainage system to also accommodate all drainage that currently
flows onto the subject property. All aspects of the storm drainage system shall be complete and
approved prior to plat approval. It appears this criterion can be met.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by
the City Engineer that the additional runoff resulting from the development will overload an
existing drainage facility, the Director and Engineer shall withhold approval of the
development until provisions have been made for improvement of the potential condition or
until provisions have been made for storage of additional runoff caused by the development
in accordance with the Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 2007 and including any future
revisions or amendments).
Comments have been received about and field staff have identified downstream drainage capacity
deficiencies that would be exacerbated by the additional runoff volume that would result from the
proposed development. Runoff from this development is proposed to flow to the west along the
south side of Spruce St for about 140 feet then flow through a culvert under Spruce St then flow
along a ditch for about 100 feet to Ash Creek. In order to accommodate this drainage it appears
necessary to open up this ditch and likely replace the culvert under Spruce St.
Prior to issuance of the site permit the applicant shall obtain city approval of plans to provide
adequate downstream drainage,which is anticipated to include replacing the culvert under Spruce St
and opening up the ditch from Spruce St towards Ash Creek. This work shall be completed prior to
plat approval.
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.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM) regulations established
by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution
and Order No. 00-7) which require the construction of on-site water quality facilities. The
facilities shall be designed in accordance with the CWS Design and Construction Standards
for Sanitary Sewer and Surface Water Management and shall be designed to remove 65
percent of the phosphorus contained in 100 percent of the storm water runoff generated
from newly created impervious surfaces. In addition, a maintenance plan shall be
submitted indicating the frequency and method to be used in keeping the facility
maintained through the year.
Comments have been received expressing concern about the potential for increased runoff caused
by the proposed development and potential effects downstream.
Stormwater detention and quality treatment are required for this development. The applicant is
proposing to treat drainage from the house roofs via flow-through planter boxes on each property.
Rather than treat the drainage from the driveways and street, the applicant is proposing to pay a fee-
in-lieu,which may not be acceptable. It is evident that an adequate stormwater detention and quality
system can be provided for this proposed development. These standards can be met by condition.
The applicant shall provide water quality and detention facilities as required by Clean Water Services
Design and Construction Standards and the city of Tigard and shall address potential downstream
drainage issues. Final plans and calculations shall be submitted to the Engineering Department (Mike
McCarthy) for review and approval prior to issuance of the site permit. In addition, a proposed
maintenance plan shall be submitted along with the plans and calculations for review and approval.
Prior to final plat approval the applicant shall obtain city and CWS approval of the complete
construction of the stormwater detention facilities and maintenance plans for them,including
maintenance requirements and provisions for any LIDA treatments used.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes
and meter cabinets which may be placed above ground, temporary utility service facilities
during construction, high capacity electric lines operating at 50,000 volts or above, and:
• The developer shall make all necessary arrangements with the serving utility to provide
the underground services;
• The City reserves the right to approve location of all surface mounted facilities;
• All underground utilities, including sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer
shall pay a fee in-lieu of under-grounding costs when the development is proposed to take
place on a street where existing utilities which are not underground will serve the
development and the approval authority determines that the cost and technical difficulty of
under-grounding the utilities outweighs the benefit of under-grounding in conjunction with
the development. The determination shall be on a case-by-case basis. The most common,
but not the only, such situation is a short frontage development for which under-grounding
would result in the placement of additional poles, rather than the removal of above-ground
utilities facilities. An applicant for a development which is served by utilities which are not
underground and which are located across a public right-of-way from the applicant's
property shall pay a fee in-lieu of under-grounding.
There are existing overhead utility lines along the frontage of Spruce Street. These utilities shall be
relocated underground as part of this development. All utilities serving the development shall be
constructed underground
Fire and Life Safety:
The applicant shall provide approval from Tualatin Valley Fire &Rescue (TVF&R) for access and
hydrant placement prior to issuance of the PFI permit.
Public Water System:
Tualatin Valley Water District (TVWD) provides service in this area. The applicant shall obtain
approval from TVWD of all aspects of the proposed development prior to issuance of the PFI
permit.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to reduce the amount
of sediment and other pollutants reaching the public storm and surface water system
resulting from development, construction, grading, excavating, clearing, and any other
activity which accelerates erosion. Per CWS regulations, the applicant is required to submit
an erosion control plan for City review and approval prior to issuance of City permits.
The applicant shall meet the requirements of the Federal Clean Water Act regarding
National Pollutant Discharge Elimination System (NPDES) erosion control permits that
may be needed for this project.
The applicant shall follow all applicable requirements regarding erosion control.
Site Permit Required:
The applicant is required to obtain a Site Permit from the Building Division to cover all on-site
private utility installations (water, sewer, storm, etc.) and driveway construction.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An
addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the
City prior to issuance of permits.
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.
Survey Requirements
The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with
a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These
monuments shall be on the same line and shall be of the same precision as required for the subdivision
plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates can be
established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's
engineer shall provide the City with an electronic file with points for each structure (manholes, catch
basins,water valves,hydrants and other water system features) in the development, and their
respective X and Y State Plane Coordinates,referenced to NAD 83 (91).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
THE SITE PERMIT:
Submit to the Engineering Department (Mike McCarthy, 503-718-2462 or mikem @tigard-
or.gov) for review and approval:
Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is required for
this project to cover street, drainage, and utility improvements and any other work in the public
right-of-way. Five (5) 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.tigard-or.gov).
Prior to obtaining a site permit the applicant shall obtain city approval of design plans for a
half-street improvement of Spruce Street along their frontage to a 16-foot paved half-width
with pavement tapers on each end plus a curb, 5-foot wide planter strip (with street trees and
lights) and 5-foot wide sidewalk, all designed in accordance with applicable Tigard codes and
industry best practices.
Prior to obtaining a site permit the applicant shall provide approval from TVF&R for access
and hydrant placement.
Prior to issuance of permits, the applicant shall pay the addressing fee. (STAFF CONTACT:
Paul Izatt,Public Works).
Prior to obtaining a site permit the applicant shall obtain approval from the Tualatin Valley
Water District for the proposed water connection.
Prior to obtaining the site permit the applicant shall obtain city and CWS approval of design
plans for water quality and detention facilities as required by Clean Water Services Design and
Construction Standards and the city of Tigard and shall address potential downstream drainage
issues,and shall include a proposed maintenance plan.
Prior to issuance of the site permit the applicant shall obtain city approval of plans to
provide adequate downstream drainage,which is anticipated to include replacing the culvert
under Spruce St and opening up the ditch from Spruce St towards Ash Creek.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF
THE FINAL PLAT:
Submit to the Engineering Department (Mike McCarthy, 503-718-2462 or mikem @tigard-
or.gov) for review and approval:
Prior to final plat approval, the applicant's engineer shall obtain city approval of a final
access report which verifies design of driveways and streets are safe by meeting standards for
adequate sight distance and other appropriate design parameters.
The applicant shall dedicate additional Right-of-Way to provide 27 feet from centerline on
Spruce Street on the final plat.
Prior to final plat approval the applicant shall provide a half-street improvement of Spruce
Street along their frontage to a 16-foot paved half-width with pavement tapers on each end,
plus a curb, 5-foot wide planter strip (with street trees and lights) and 5-foot wide sidewalk,
all constructed in accordance with applicable Tigard codes and industry best practices.
Prior to final plat approval the applicant shall obtain city and CWS approval of the complete
construction of the stormwater detention facilities and maintenance plans for them,
including maintenance requirements and provisions for any LIDA treatments used.
Prior to final plat approval the applicant shall obtain city approval of the completed work to
provide adequate downstream drainage, which is anticipated to include replacing the culvert
under Spruce St and opening up the ditch from Spruce St towards Ash Creek.
Prior to final plat approval the existing overhead utility lines along the frontage of Spruce
Street shall be relocated underground. All utilities serving the development shall be
constructed underground
Prior to final plat approval all aspects of the proposed infrastructure (such as transportation,
storm drainage, sanitary sewer,water,utility, etc.) shall be in place and operational with
accepted maintenance plans.
EXHIBIT D
: 11,„ ‘)$ , i. 8
Thrlp
www.tvfr.com
Tualatin Valley
Fire & Rescue
February 11, 2014
City of Tigard
13125 SW Hall Blvd
Tigard OR 97223
Re: Westwood Homes
Thank you for the opportunity to review the proposed site plan surrounding the above named development
project. Note: The following are potential applicable conditions based on the limited information available at this
early phase of this project.
1) FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access roads
shall be within 150 feet of all portions of the exterior wall of the first story of the building 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. (OFC 503.1.1)
2) DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be
provided with an approved turnaround. (OFC 503.2.5)
3) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: When
buildings are completely protected with an approved automatic fire sprinkler system, the requirements for
fire apparatus access may be modified as approved by the fire code official. (OFC 503.1.1) Note:If
residential fire sprinklers are elected as an alternate means of protection and the system will be
supported by a municipal water supply,please contact the local water purveyor for information
surrounding water meter sizing.
4) AERIAL FIRE APPARATUS ACCESS: Buildings or portions of buildings or facilities exceeding 30 feet in height
above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access
roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be
located within the aerial fire apparatus access roadway. Fire apparatus access roads shall have a minimum
unobstructed width of 26 feet in the immediate vicinity of any building or portion of building more than 30 feet in
height. At least one of the required access routes meeting this condition shall be located within a minimum of 15
feet and a maximum of 30 feet from the building,and shall be positioned parallel to one entire side of the building.
(OFC D105)
5) FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads
shall have an unobstructed width of not less than 20 feet(12 feet for up to two dwelling units and accessory
buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. Where fire apparatus
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 28 feet wide but less than 32
feet wide, "NO PARKING" signs shall be installed on one side of the roadway and in turnarounds as
needed. Where fire apparatus roadways are 32 feet wide or more, parking is not restricted. (OFC 503.2.)
The fire district does not endorse the design concept wherein twenty feet of unobstructed roadway
width is not provided.
North Operating Center Command&Business Operations Center South Operating Center Training Center
20665 SW Blanton Street and Central Operating Center 7401 SW Washo Court 12400 SW Tonquin Road
Aloha,Oregon 97007-1042 11945 SW 70 Avenue Tualatin,Oregon 97062-8350 Sherwood,Oregon 97140-9734
503-259-1400 Tigard,Oregon 97223-9196
503-259-1500
503-649-8577 503-259-1600
inn; www.tvfr.com
Tualatin Valley
Fire &Rescue
6) FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on a fire
apparatus access road, the minimum road width shall be 26 feet. (OFC D103.1)
7) TURNOUTS: When any fire apparatus access road exceeds 400 feet in length, turnouts 10.feet wide and
30 feet long shall be provided in addition to the required road width and shall be placed no more than 400
feet apart, unless otherwise approved by the fire code official. These distances may be adjusted based on
visibility and light distances. (OFC 503.2.2)
8) NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked
vehicles and 20 feet of unobstructed driving surface, "No Parking" signs shall be installed on one or both
sides of the roadway and in turnarounds as needed. Roads 26 feet wide or less shall be posted on both
sides as a fire lane. Roads more than 26 feet wide to 32 feet wide shall be posted on one side as a fire
lane. Signs shall read "NO PARKING -FIRE LANE"and shall be installed with a clear space above grade
level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have red letters on a white
reflective background. (OFC D103.6)
9) SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surface that
is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds
point load (wheel load)and 60,000 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. (OFC
D102.1)
10) 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. (OFC 503.2.4& 103.3)
11) GRADE: Fire apparatus access roadway grades shall not exceed 10 percent. Intersections and
turnarounds 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). (OFC 503.2.7 &
D103.2)
12) GATES: Gates securing fire apparatus roads shall comply with all of the following: Minimum unobstructed
width shall be 16 feet, or two 10 foot sections with a center post or island. Gates serving one-or two-family
dwellings shall be a minimum of 12 feet in width. Gates shall be set back at minimum of 30 feet from the
intersecting roadway. Gates shall be of the swinging or sliding type. Manual operation shall be capable by
one person. Electric automatic gates shall be equipped with a means for operation by fire department
personnel. Locking devices shall be approved. Electric automatic gates shall comply with ASTM 220-5 and
UL 325. (OFC D103.6) Removable bollards are not an approved alternate to a swinging gate.
13) SINGLE FAMILY DWELLINGS -REQUIRED FIRE FLOW: The minimum available fire flow for single
family dwellings and duplexes served by a municipal water supply shall be 1,000 gallons per minute. If the
structure(s)is(are)3,600 square feet or larger, the required fire flow shall be determined according to IFC
Appendix B. (OFC B105.2) Prior to issuance of a building permit,provide evidence of a current fire
flow test of the nearest fire hydrant demonstrating available flow at 20 PSI residual pressure.
14) FIRE HYDRANTS—ONE-AND TWO-FAMILY DWELLINGS&ACCESSORY STRUCTURES: Where a
portion of a structure is more than 600 feet from a hydrant on a fire 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.
(OFC 507.5.1)
15) FIRE HYDRANT NUMBER AND DISTRIBUTION: The minimum number and distribution of fire hydrants
available to a building shall not be less than that listed in Appendix C,Table C 105.1.
Considerations for placing fire hydrants may be as follows:
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• Existing hydrants in the area may be used to meet 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.
16) PRIVATE FIRE HYDRANTS: To distinguish private fire hydrants from public fire hydrants, private fire
hydrants shall be painted red. (OFC 507.2.1, NFPA 24&291)
17) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15
feet from an approved fire apparatus access roadway. (OFC C102.1)
18) 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. (OFC 510.1)
19) PHYSICAL PROTECTION: Where fire hydrants are subject to impact by a motor vehicle, guard posts,
bollards or other approved means of protection shall be provided. (OFC 507.5.6)
20) CLEAR SPACE AROUND FIRE HYDRANTS: A 3 foot clear space shall be provided around the
circumference of fire hydrants. (OFC 507.5.5)
21) FIRE HYDRANT/FIRE DEPARTMENT CONNECTION: A fire hydrant shall be located within 100 feet of a
fire department connection (FDC). Fire hydrants and FDCs shall be located on the same side of the fire
apparatus access roadway and or drive aisle. FDCs shall normally be remote except when approved by the
fire code official. Fire sprinkler FDCs shall be plumbed to the fire sprinkler riser downstream of all control
valves. Each FDC shall be equipped with a metal sign with 1 inch raised letters and shall read,
"AUTOMATIC SPRINKLERS OR STANDPIPES" or a combination there of as applicable. (OFC 912.2)
22) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus
access roadways and fire fighting water supplies shall be installed and operational prior to any combustible
construction or storage of combustible materials on the site. (OFC 1410.1 & 1412.1)
23) PREMISES IDENTIFICATION: Buildings shall have approved address numbers, building numbers or
approved building identification placed in a position that is plainly legible and visible from the street or road
fronting the property. These numbers shall contrast with their background. Address numbers shall be
Arabic numerals or alphabet numbers. Numbers shall be a minimum of 4 inches high with a '/2 inch stroke.
(OFC 505.1)
24) FIRE DEPARTMENT ACCESS TO EQUIPMENT: Fire protection equipment shall be identified in an
approved manner. Rooms containing controls for HVAC, fire sprinklers risers and valves or other fire
detection, suppression or control features shall be identified with approved signs. (OFC 509.1)
25) ANGLE OF APPROACH AND DEPARTURE: The angles of approach and departure for fire apparatus
roads shall not exceed 8 Degrees. (OFC 503.2.8, NFPA 1901)
ADDITIONAL COMMENTS:
26)
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If you have questions or need further clarification, please feel free to contact me at 503-259-1504.
Sincerely,
John Wolff
Deputy Fire Marshal
Copy: TVFR File
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