The URL can be used to link to this page

SUB2015-00002 Decision - Polygon At Bull MountainNOTICE OF DECISION PAGE 1 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION NOTICE OF TYPE II DECISION SUBDIVISION (SUB) 2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION 120 DAYS = 7/14/2015 SECTION I. APPLICATION SUMMARY FILE NAME: POLYGON AT BULL MOUNTAIN SUBDIVISION CASE NOS.: Subdivision (SUB) SUB2015-00002 Temporary Use Permits (TUP) TUP2015-00002 & 00005 - 00007 REQUEST: The applicant is seeking approval for an 82-lot subdivision on an approximately 30 acre property. Lots will be developed with detached single-family homes. Proposed lot sizes range from 6,000 to 14,956 square feet. A public neighborhood park is proposed in the southwest corner of the site. In addition, the applicant is requesting temporary use permits for four model homes, one of which would include a sales office. APPLICANT: Polygon NW Company Fred Gast 109 E 13th St. Vancouver, WA 98660 APPLICANT’S REP.: Pacific Community Design Stacy Connery 12564 SW Main St. Tigard, OR 97223 OWNER 1: Kenneth & Karri Dickson 11195 NE Hwy 240 Yamhill, OR 97148 OWNER 2: Dickson Family Trust 11195 NE Hwy 240 Yamhill, OR 97148 LOCATION: 15225 SW 150th Avenue; WCTM 2S10800, Tax lots 1500, 1501, 1504, 1505, and 1506 ZONE: R-4.5: low-density residential district. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.430, 18.510, 18.660, 18.705, 18.715, 18.725; 18.745, 18.765, 18.785, 18.790, 18.795 and 18.810. NOTICE OF DECISION PAGE 2 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director’s designee has APPROVED the preliminary subdivision request and temporary use permits subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section VI of this decision. CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY SITE WORK: 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 COMMUNITY DEVELOPMENT DEPARTMENT ATTN: Cheryl Caines, 503-718-2437. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to any ground disturbance 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 semimonthly (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 any ground disturbance work, the applicant shall submit to the city the current Inventory Data Collection fee for urban forestry plan implementation. 4. Prior to any ground disturbance work, the applicant shall provide a tree establishment bond that meets the requirements of Urban Forestry Manual Section 11, Part 2. 5. Prior to any site work, the applicant shall submit a revised Tree Preservation and Removal plan and Supplemental Report showing protection fencing that meets the requirements of Part 1 of Section 10 of the Urban Forestry Manual (5-foot metal fencing). 6. Prior to any site work, the applicant shall submit a revised soil volume plan and Attachment C to the Supplemental Report to demonstrate the soil volume standard is met. 7. During PFI plan review or construction it is determined that the minimum number of street trees cannot be planted, the applicant shall pay the applicable fee in-lieu to satisfy code requirements. 8. Prior to any site work, the applicant shall submit revised plans that include a pedestrian connection from west end of SW Seine Court to the western property boundary and a nature trail through the proposed open space Tract H from the west end of SW Thames Lane to the west property boundary, and obtain a revised CWS service provider letter in support of the enhancements, if necessary. 9. Prior to any site work, the applicant shall submit a written deferral agreement in a form substantially as provided in Exhibit 5 and satisfactory to the City that meets the requirements of 18.660.030.C.2.b. NOTICE OF DECISION PAGE 3 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION Submit to the Engineering Department (Greg Berry, 503-718-2468 or greg@tigard-or.gov) for review and approval: 10. Prior to commencing site improvements, a Public Facility Improvement (PFI) permit is required for this project to cover all infrastructure work and any other work in the public right-of-way. Six (6) 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). 11. Prior to commencing site improvements, the Applicant shall submit the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the “Permittee”, and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 12. Prior to commencing site improvements, the Applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 13. Prior to commencing site improvements, the Applicant’s City of Tigard Public Facility Improvement permit construction drawings shall indicate that full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street trees, streetlights, and underground utilities shall be installed within the interior subdivision streets. Local streets shall be designed and constructed to local street standards. Requirements prior to commencing site improvements for specific streets are as follows: • Bull Mountain Road, a County Collector shall be shown on PFI plan set to have the required west bound left turn lane at the intersection of Bull Mountain Road and 150th per the Washington County conditions letter dated April 20, 2015. • 150th Avenue, a County Collector shall be shown to have: - Right-of-way dedication of 37 feet from centerline and additional right of way to provide adequate corner radii at intersections with 150th Avenue per Washington County conditions letter. - Pavement width of 25 feet from centerline - Pavement section as required by Washington County, C-1. - Concrete curb or curb and gutter as needed - Sanitary sewer - Storm drainage - Underground utilities - 6-foot sidewalk with 5-foot planter strip - Street trees, lighting, striping, signs - Traffic control devices - NOTE: Applicant shall follow all recommendations per the Washington County conditions letter dated April 20, 2015. NOTICE OF DECISION PAGE 4 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION • Peace Avenue, Hudson Avenue, Missouri Avenue, Danube Drive, Seine Drive, Rio Grande Terrace, and Thames Lane, local residential skinny streets shall be shown to have: - Right-of-way dedication of 50 feet from centerline - Pavement width of 28 feet curb to curb - Concrete curb or curb and gutter as needed - Sanitary sewer - Storm drainage - Underground utilities - 5-foot sidewalk with 5-foot planter strip - Street trees, lighting, striping, signs - Traffic control devices - Parking on both sides of the street • Colorado Street, a standard local street, per TDC Figure 18.810.4A, shall be shown to have: - Right-of-way dedication of 41 to 50 feet (variable) - Pavement width of 24 feet (3/4 street paved width) - Concrete curb or curb and gutter as needed - Sanitary sewer - Storm drainage - Underground utilities - 10-foot meandering hard surface trail on north side - Street trees, lighting, striping, signs - Traffic control devices - Parking on the north side of street - Future 54 foot ROW (total), additional 8 feet of paving, curb, 5’ planter, 5’ sidewalk, 0.5’ to ROW (this can be shown partially or wholly on adjacent property to south as future improvements) • Thames Court and Seine Court, private streets, shall be shown to have: - Tract width of 50 feet - Pavement width of 28 feet curb to curb - Concrete curb or curb and gutter as needed - Sanitary sewer - Storm drainage - Underground utilities - 5-foot sidewalk with 5-foot planter strip - Street trees, lighting, striping, signs - Traffic control devices - Parking on north side of street - NOTE: A pavement and rock section for the proposed private street(s) alleys shall meet the City’s public street standard for a local residential street. - NOTE: Street lights shall be metered separately from the public system. • Mississippi Court and Missouri Place, private streets, shall be shown to have: - Tract width of 36.5 feet - Pavement width of 28 feet curb to curb - Concrete curb or curb and gutter as needed - Sanitary sewer NOTICE OF DECISION PAGE 5 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION - Storm drainage - Underground utilities - 5-foot sidewalk on one side of the street - Street trees, lighting, striping, signs - Traffic control devices - Parking on one side of the street - NOTE: A pavement and rock section for the proposed private street(s) alleys shall meet the City’s public street standard for a local residential street. - NOTE: Street lights shall be metered separately from the public system. 14. Prior to commencing site improvements, the Applicant’s construction drawings shall show that the pavement and rock section for the proposed private streets meet the City’s public street standard for a local residential street. 15. Prior to commencing site improvements, the Applicant’s PFI plans shall show proposed county improvements required by a Washington County Facilities Permit. The Applicant shall comply with the recommended conditions by Washington County LUT, dated April 20, 2015. 16. Prior to commencing site improvements, the Applicant shall incorporate the recommendations outlined in the Kittelson Traffic Impact Study, dated March 5, 2015, including, but not limited to installing half street improvements to SW 150th Avenue, providing intersection sight distance and improving sight distance along SW 150th Avenue. 17. Prior to commencing site improvements, the Applicant’s PFI plans shall show the proposed sanitary sewer main connecting to the existing line in Woodhue Street and extended north in SW 150th Avenue. 18. Prior to commencing site improvements, the Applicant shall provide verification from Clean Water Services (CWS) that the existing CWS pump station on Beef Bend Road, near 146th Avenue, has sufficient capacity for the development. 19. Prior to commencing site improvements, the Applicant shall obtain a (CWS) Stormwater Connection Authorization. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. 20. Prior to commencing site improvements, the Applicant’s design engineer shall submit documentation, for review and approval by CWS and for review by the City of the downstream capacity of any existing storm facility impacted by the proposed development. The design engineer must perform an analysis of the drainage system downstream of the development to a point in the drainage system where the proposed development site constitutes 10 percent or less of the total tributary drainage volume, but in no event less than 1/4 mile. 21. Prior to commencing site improvements, the Applicant will be required to submit revised plans showing the interim detention facility and an operations and maintenance plan that ensure periodic maintenance of the facility. A decommissioning plan is required showing the future use of facility even if the facility is to remain as an alternate facility. 22. Prior to commencing site improvements, the applicant’s plans shall demonstrate compliance with the proposed River Terrace stormwater management design standards per memo dated April 13, 2015. 23. The Applicant shall submit an Interim Facility Operations and Decommissioning Plan. The decommissioning plan shall include an approved plan for the ultimate use(s) of the facility tract naming responsible parties to establish the approved future use(s) of the tract. Decommissioning shall also include connection to the permanent conveyance system by means of channel or pipe required for tributary 9 per Strategy Area C River Terrace Community Plan and the Public Improvement Design Standards for River Terrace. NOTICE OF DECISION PAGE 6 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION 24. Prior to commencing site improvements, the Applicant shall submit design plans and calculations to show the water quality swale to be constructed within the interim facility will satisfy the requirements for the neighborhood scale low impact development (LIDA) approaches as shown in Table 2.1 of Section 2 the Stormwater Management Strategy of the River Terrace Stormwater Master Plan. 25. Prior to commencing site improvements, the Applicant shall resubmit calculations for LIDA facilities and the detention facility using the TRUST model to meet the continuous flow duration requirements and ensure the amount of area set aside for the pond within the development is adequate. The calculations and any subsequent revisions to site layout shall be submitted with the Applicant’s City of Tigard PFI Permit application. 26. Prior to commencing site improvements, the Applicant shall provide an erosion control plan that includes all on and off site work conforming to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual” (current edition) as part of the Public Facility Improvement (PFI) permit drawings. 27. Prior to commencing site improvements, the Applicant shall provide a final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain, convey and treat runoff from each lot. 28. Prior to commencing site improvements, the Applicant shall incorporate the recommendations from the submitted geotechnical report by GeoDesign into the final grading plan. The geotechnical engineer shall be employed by the Applicant throughout the entire construction period to ensure that all grading, including cuts and fills, are constructed in accordance with the approved plan and Appendix J of the Oregon Structural Specialty Code (OSSC). 29. Prior to commencing site improvements, the design engineer shall indicate on the grading plan which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. 30. Prior to commencing site improvements, the final construction plans shall be signed by the geotechnical engineer to ensure that they have reviewed and approved the plans. The geotechnical engineer shall also sign the as-built grading plan at the end of the project. 31. Prior to commencing site improvements, the Applicant shall obtain a (CWS) Stormwater Connection Authorization prior to issuance of the City of Tigard PFI permit. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. 32. Prior to commencing site improvements, the Applicant shall obtain a 1200-C General Permit issued through the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 33. Prior to commencing site improvements, any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction and shall be reviewed and approved by the City as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system cost will be assessed prior to approval of the City of Tigard’s PFI permit. 34. Prior to commencing site improvements, the Applicant’s PFI drawing set shall show a pipe connecting to an existing 12 inch cross in the 550 zone at the intersection of SW Woodhue Street and SW 150th Avenue and reduce to a 16 inch line and extend it north to SW Colorado and continue west in SW Colorado Street to the west end of the street. The Applicant shall receive 100% SDC water credits for the portion of the 16 inch line from SW Woodhue Street to SW Colorado Street. The Applicant shall receive SDC water credits for the difference in upsizing between the 12 inch and 16 inch for the line segment in SW Colorado Street. NOTICE OF DECISION PAGE 7 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION 35. Prior to commencing site improvements, the Applicant’s PFI drawing set shall show a connection to the existing 12 inch 713 zone pipe located in 150th Avenue just north of Woodhue Street and extend this line north to an existing 12 inch connection point just south of Sophia Lane. 36. Prior to commencing site improvements, the Applicant will be required to provide written approval from Tualatin Valley Fire & Rescue for fire flow, hydrant placement and access prior to issuance of the City of Tigard’s site permit. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: 37. Prior to final plat, the applicant shall obtain annexation approval from Washington County and Metro for extension of the Clean Water Services District and Metro Service District boundaries, respectively, to include the subject property. 38. Prior to final plat approval, the applicant shall submit a determination in writing by the parks and facilities division manager regarding dedication of proposed parks, playgrounds or other public uses. 39. Prior to final plat approval and permit issuance of the proposed sales office and model homes, the applicant shall demonstrate that the following measures are in place: a. Provision of adequate fire access and water supply, including fire hydrants, as determined by the TVF&R. b. Provision of safe and adequate pedestrian and vehicle access, including a sidewalk along the frontage of each model home lot and curbs and the first lift of asphalt on all streets proposed to serve each model home lot. c. Installation of utilities within all streets proposed to serve each model home lot. d. Provision of adequate parking. 40. Prior to final plat approval, the applicant shall provide authorization, binding its successors and assigns, for the city to enter the property and take such actions as are necessary to demolish and remove any temporary sales office or model home that has been declared a nuisance. The applicant shall post a performance bond in favor of the city in an amount designated in the temporary use approval as a reasonable estimate of the cost sufficient for this purpose. The bond shall be released upon final plat approval. Submit to the Engineering Department (Greg Berry, 503-718-2468 or greg@tigard-or.gov) for review and approval: 41. Prior to final plat approval, the Applicant shall obtain Washington County facilities permit for construction work in county rights of way. The Applicant’s Washington County Facilities Permit shall contain: • construction drawings indicating half-street improvements, constructed along the SW 150th Avenue, with a ROW dedication providing 37 feet from centerline, 5 foot planter strip, 6 foot sidewalk meet county and city standards. • construction drawings indicating dedication of adequate corner radius at the intersections of SW 150th Avenue. • construction drawings showing the construction of a westbound left turn lane at the SW 150th Avenue and Bull Mountain Road intersection. • all of Kittelson’s recommendations per memorandum dated March 5, 2015 and Washington County’s LUT conditions letter dated April 20, 2015. 42. Prior to final plat approval, the Applicant shall pay an addressing fee in the amount of $4,750.00. (STAFF CONTACT: Karleen Aichele, 503-718-2467). NOTICE OF DECISION PAGE 8 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION 43. Prior to final plat approval, the Applicant shall pay a fee in lieu for undergrounding of existing overhead utility lines along the frontage of SW 150th Avenue. The fee shall be $34,671.00. 44. Prior to final plat approval, the Applicant shall execute a Development Agreement with the City of Tigard. The Development Agreement shall include the following: • The Applicant’s commitment to comply with applicable funding components of the River Terrace Funding Strategy, as listed in Section 18.660.030.B, when adopted by the city and in effect. • The Applicant’s commitment to build the infrastructure improvements necessary to provide adequate public facilities to serve the project pursuant to Section 18.660.030.E. • The city’s agreement to provide credits for infrastructure improvements. • Special timing considerations for infrastructure improvements that are known to require additional time due to their review and approval being under control of Washington County not subject to the development agreement, which includes the Washington County Facilities Permit.(Conditions #13, 15, 16, 41, 62, and 63. 45. Prior to final plat approval, the Applicant shall prepare Conditions, Covenants and Restrictions (CC&R’s) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private streets, pathways and open space tracts. The street lights required for private streets and pathways shall be maintained and paid for by the HOA and metered separately from the public street light system. The CC&R’s shall obligate the private property owners within the subdivision to create a homeowner’s association to ensure regulation of maintenance for the street(s) and alleys. The Applicant shall submit a copy of the CC&R’s to the Engineering Department (Karleen Aichele) prior to approval of the final plat. 46. Prior to final plat approval, the Applicant shall demonstrate that they have formed and incorporated a homeowner’s association. 47. Prior to final plat approval, the Applicant shall prepare Conditions, Covenants and Restrictions (CC&R’s) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed LIDA private water quality and detention facility. The CC&R’s shall obligate the private property owners within the subdivision to create a homeowner’s association to ensure regulation of maintenance for the facility. 48. Prior to final plat approval, the Applicant shall be required to assure adequate financial resources are available for decommissioning the interim facility when permanent facility becomes available and shall include as part of the submittal, all supporting legal documents, including a declaration of covenant running with the land, if applicable, and the appropriate deeds and easements. 49. Prior to final plat approval, the Applicant shall participate in the financing of the permanent regional infrastructure adopted in the River Terrace Stormwater Master Plan for Strategy Area C by means of the scenarios proposed in Section D of the River Terrace Funding Strategy report dated December 2014. 50. Prior to final plat approval, 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 (per ORS 92.050). 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. Final plat application submission requirements are as follows: NOTICE OF DECISION PAGE 9 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon and the necessary data or narrative. • Final plat and data/narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.050), Washington County, and by the City of Tigard. • Final plat shall show the right-of-way dedication for all public streets. • Subdivision plats will include signature lines for City Engineer and Community Development Director. • Partition plats will include a signature line City Engineer. NOTE: Washington County will not begin their review of the final plat until they receive notice from the City of Tigard Engineering Department indicating that the City has reviewed the final plat and submitted comments to the Applicant’s surveyor. B. Submit a check in the amount of the current final plat review fee (Contact Planner on Duty, at 503-718- 2421). 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: Cheryl Caines (503-718-2437). The cover letter shall clearly identify where in the submittal the required information is found: 51. Prior to issuance of building permits, the applicant shall provide 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. 52. Prior to issuance of building permits, the applicant shall demonstrate that the minimum setbacks and height maximum required in the base zone (R-4.5) have been met. This includes through lot setbacks for lots 1-5, 57, and 77. 53. Prior to the issuance of building permits, the applicant shall meet the conditions of approval of CWS’s Service provider letter dated November 6, 2014, or as may be amended to allow for a nature trail to be incorporated into the open space Tract H. Submit to the Engineering Department (Greg Berry, 503-718-2468 or greg@tigard-or.gov) for review and approval: 54. Prior to issuance of building permits, the Applicant shall provide the Engineering Department with a paper copy of the recorded final plat. 55. Prior to issuance of building permits, the Applicant shall submit and obtain approval of, a construction access and parking plan for the home building phase. 56. Prior to issuance of building permits, the Applicant shall submit a final construction supervision report prepared by the project geotechnical engineer. 57. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public improvements substantially complete. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all local residential streets shall be fully paved, 3) any off-site utility improvements are substantially completed, and 4) all public street lights are installed and NOTICE OF DECISION PAGE 10 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION ready to be energized. (NOTE: the City, apart from this condition, and in accordance with the City’s model home policy, may issue model home permits). 58. Prior to issuance of building permits, the Applicant shall submit as-built drawings 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). As-built submittal shall include an Acrobat (***.pdf) file, one 11x17 paper copy and the electronic point file as state above and shown in the example below. Excel spreadsheet/point database file example: “Feature”; “Type”; “XCOORD”; “YCOORD”; “ZCOORD”: “SSMH02”; “MH”; “7456892.234”; “6298769.879”; “192.45” “WV03”, “WV”, “7456956.654”, “6298723.587”, “214.05 59. Prior to issuance of building permits, the Applicant shall connect to an existing 12 inch cross in the 550 zone at the intersection of SW Woodhue Street and SW 150th Avenue and reduce to a 16 inch line and extend it north to SW Colorado and continue west in SW Colorado Street to the west end of the street. The Applicant shall receive 100% SDC water credits for the portion of the 16 inch line from SW Woodhue Street to SW Colorado Street. The Applicant shall receive SDC water credits for the difference in upsizing between the 12 inch and 16 inch for the line segment in SW Colorado Street. 60. Prior to issuance of building permits, the Applicant shall connect to the existing 12 inch 713 zone pipe located in 150th Avenue just north of Woodhue Street and extend this line north to an existing 12 inch connection point just south of Sophia Lane. 61. Prior to issuance of building permits, the Applicant shall provide intersection sight distance certification meeting Washington County standards. 62. Prior to issuance of occupancy, the City Engineer shall deem the public improvements in Washington County rights-of-way substantially complete. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all public streets shall be fully paved, 3) any off-site street and utility improvements are substantially completed , and 4) all street lights are installed and ready to be energized. 63. Prior to issuance of occupancy, the Applicant must obtain a finaled Washington County Facility Permit. Contingent upon the following: A. The road improvements completed to County standards. B. Upon completion of necessary improvements, submit final certification of adequate sight distance in accordance with county code, prepared and stamped by a registered professional engineer. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL BUILDING INSPECTION: 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: Cheryl Caines (503-718-2437). The cover letter shall clearly identify where in the submittal the required information is found: 64. 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. 65. 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 NOTICE OF DECISION PAGE 11 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION 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 Information Located within the River Terrace Plan District, the 29.97 acre site is comprised of five parcels that front SW 150th Avenue. There is an abandoned single-family home, several outbuildings, four wetlands, two drainageways, an open field and wooded area on the site. The entire site slopes gently to the southwest. Some of the site has been used for agricultural purposes in the past, as have many other sites within the River Terrace area. The site is zoned R-4.5 as are sites to west. Properties to the south are zoned R-7 and those to the north and east are within unincorporated Washington County. Development in the area is single-family homes on large lots or within subdivisions. River Terrace Plan District Most of the land in River Terrace was added to the Urban Growth Boundary (UGB) in 2002, at which time it was identified as Areas 63 and 64. In 2010 Washington County completed a concept plan (West Bull Mountain Concept Plan – WBMCP) for Areas 63 and 64 and a rural subarea to the south. Approximately 50 acres of the subarea was added to the UGB in 2011 (Roy Rogers West) to connect Areas 63 and 64 and facilitate the extension of urban services and streets. The entire 490-acre area (Areas 63, 64 and Roy Rogers West) was annexed to the city through two actions. The first annexation petition was approved in 2011 (Ord.2011-07). The second was approved in 2013 (Ord.2013-01). The subject site was annexed in 2013. Following annexation the City began development of a community plan to refine the concept plan and adopt implementation measures. The River Terrace Community Plan was adopted in December 2014. The River Terrace Plan District Zoning and Development Code measures were adopted in February 2015 (Ord. 15-03). Proposal Description The applicant is requesting subdivision approval for an 82 lot subdivision with lots ranging from 6,000 to 14,956 square feet, which will be developed with detached, single-family homes. A public neighborhood park is also proposed at the southwest corner of the site, and public trails are found throughout the development. Wetlands and drainageways are found on-site. Encroachments into and enhancements of the vegetated corridors are proposed. Encroachments are for street improvements on SW 150th , trails, and lot creation. Mitigation for the encroachment is proposed. During the review of this proposal, Public Works staff determined that the proposed water quantity/quality swale did not meet TRUST model standards within the River Terrace Plan District. Therefore, a modified plan was submitted to address these requirements. The stormwater facility was enlarged to provide adequate capacity. This required SW Missouri Avenue to be curved to the west resulting in a slightly smaller public park (2.02 acres). The park still exceeds the standard neighborhood park size (1-3 acres). These changes are not significant. Density, lot sizes, and on-street parking are not impacted by this modification. The modified plan is the approved plan. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET A notice of a pending land use action was mailed on March 18, 2015. Seven comment letters were received. All comments were shared with the applicant to provide an opportunity to respond to the concerns. The applicant sent responses directly to some of the commenters. Those letters are found in the case file. Comments received touched on a variety of topics, but most were related to traffic/transportation, wildlife impacts, and open space/park location and design. Traffic/Transportation Several homeowners are concerned about the traffic impacts on SW 150th Avenue. These include: • There are existing dangerous road conditions (narrow, no continuous sidewalks, deep side ditches, sight distance issues, and high speeds) that will be worsened by more traffic. • A traffic management plan is needed before approval of this subdivision. NOTICE OF DECISION PAGE 12 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION • An assessment of current and future transportation needs should be done. • Traffic impact data showing current and additional numbers from the development should be shown and compared to what Washington County deems acceptable for SW 150th Avenue. • A rise in the road south of the SW Hawk Ridge Road intersection makes it difficult to see on-coming traffic from the south. This leads to concerns about the alignment of proposed Colorado Street and Hawk Ridge Road. • Left turn lanes are needed on SW Bull Mountain Road and Beef Bend Road for turning onto 150th. • Right turns onto 150th from Beef Bend Road are difficult without crossing the center line or going off the road. • It is difficult and dangerous to turn left onto Bull Mountain Road from 150th Avenue. Response: SW 150th Avenue is a Washington County facility that was originally developed as a two-lane rural street. It is currently classified as a collector street. Over the years, the area has been subdivided for single-family homes on large tracts or within subdivisions. Developers of subdivisions since the mid-eighties were required to improve the adjacent SW 150th Avenue frontage to mitigate for impacts to the road system. This resulted in sporadic half street improvements that include street widening and sidewalks. Bike lanes are not required for this facility. The applicant has submitted a traffic impact study prepared by Julia Kuhn, Professional Engineer with Kittelson & Associates. Ms. Kuhn concludes the proposed development can occur while maintaining acceptable traffic operations and safety at intersections, but identified a need for: • a westbound left turn lane from Bull Mountain Road to 150th Avenue, • half street improvements along the site frontage on SW 150th Avenue, and • requirements to achieve and maintain sight distance at the new intersections on SW 150th. A preliminary sight distance certification was prepared by a registered professional engineer (Patrick Espinosa) for the two proposed access points onto SW 150th Avenue (SW Danube and SW Colorado). Mr. Espinosa noted that re-grading of SW 150th Avenue is needed to achieve the needed sight distance for these intersections. Because SW 150th is a county facility, the plans were reviewed by Washington County. County staff comments included requirements for half –street improvements, a westbound left turn lane on Bull Mountain Road, and a Washington County Facility Permit. The applicant will be required to obtain the county permit and complete the necessary improvements through a condition of approval of this decision (as discussed below in Section VI). Washington County is responsible for long term traffic capacity and improvement of SW 150th. County staff addressed public concerns by noting that public funds will be needed in the future to complete comprehensive improvements on SW 150th but near term improvements are not being considered. The focus is currently on improving primary and secondary roads throughout the county; SW 150th Avenue is less travelled and is ranked at a lower priority. City and County staff will continue to coordinate on the review of applications and transportation planning. The applicant will construct the street improvements along SW 150th Avenue, the westbound left turn lane from SW Bull Mountain Road, and improvements at the 150th/Beef Bend Road intersection to allow better lines of sight and turning movements. Re-grading of SW 150th is also proposed to obtain adequate sight distance at the Colorado and Danube intersections. Open Space/Park Design Comments about the open space configuration and park design were submitted. One commenter asked that the open space tract (Tract H) in the NW corner of the site be extended to the east into proposed lot 44 to save mature trees and bird habitat; thereby creating a buffer between the new and existing homes. In addition, the commenter questioned making the ponds near 150th into a natural area. Another commenter expressed concerns over the proposed park location and design, specifically noting that a park surrounded by homes is safer, more secure, and more accessible than the proposed park design. Response: The applicant states that many factors were considered when designing the proposed development. The large open space (Tract C) running diagonally from the northeast corner to the southwest is a vegetated corridor around a drainageway and wetlands. The open space in the northwest corner of the site (Tract H) is where another NOTICE OF DECISION PAGE 13 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION drainageway is located. The applicant has worked with the project arborist to determine which trees to retain. Many trees in northwest corner of the site were generally in poor condition. Some of the higher rated trees will be preserved in Tract H. A buffer is not required between single family homes. The River Terrace Community Plan shows a neighborhood park in the general area of the southwest corner of the development site. The park is public and is positioned for convenient access by residents of this development and future developments to the south and west. The applicable regulations do not include standards for public parks; however, the plans were routed for review by Tigard Parks, and the applicant will continue to work with Parks staff to finalize the park design. Wildlife Loss of wildlife habitat is a concern expressed within two of the comment letters. Response: River Terrace is a rural area that is being developed with an urbanized pattern. The site has some high and low designated habitat area. The Tigard regulations for habitat areas are voluntary, meaning the applicant is incentivized to protect these areas. The high value habitat area around the wetlands is being preserved and enhanced by the applicant. APPLICABLE CRITERIA The following summarizes the criteria applicable to this decision in the order in which they are addressed: A. Applicable Development Standards 18.430 Subdivisions 18.510 Residential zoning districts 18.660 River Terrace Plan District 18.705 Access, Egress and Circulation 18.715 Density Computations 18.725 Environmental Performance Standards 18.745 Landscaping and Screening 18.765 Off-street parking and loading requirements 18.775 Sensitive Lands Review 18.790 Urban Forestry Plan 18.795 Vision Clearance Areas 18.810 Street and Utility Improvement Standards B. Impact Study SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. APPLICABLE DEVELOPMENT STANDARDS 18.430 SUBDIVISIONS 18.430.020 General Provisions D. Lot averaging. Lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. The minimum lot size for the R-4.5 zoning district is 7,500 square feet. Lot size averaging is being utilized. None of the lots are below the 80% minimum of 6,000 square feet. The average lot size is 7,553 square feet. 18.430.040 Approval Criteria: Preliminary Plat A. Approval criteria. The approval authority may approve, approve with conditions or deny a preliminary plat based on the following approval criteria: NOTICE OF DECISION PAGE 14 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION 1. 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 the following sections of this decision and have been shown to either comply with the applicable zoning ordinance and other applicable ordinances and regulations or may be conditioned to meet regulations through this decision. 2. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; According to the Washington County Surveyor, the proposed plat name, “Polygon at Bull Mountain,” has been reserved (December 2014). The applicant has attached the approved Washington County Subdivision Plat Naming form. This standard is met. 3. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects unless the city determines it is in the public interest to modify the street or road pattern; and 4. 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 the Street and Utility Improvement Standards; Section 18.810. This standard is met. FINDING: Based on the analysis above, the proposal has met all of the preliminary plat approval standards for subdivisions. 18.510 RESIDENTIAL ZONING DISTRICTS The site is located in the R-4.5: Low-density residential zoning district. The R-4.5 zoning district has the following dimensional requirements: TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-4.5 Proposed Minimum Lot Size Detached unit 7,500 sq. ft. 6,000 sq. ft. min 14,956 sq. ft. max. Average Minimum Lot Width, Detached Units 50 ft. 50 ft. or more Maximum Lot Coverage N/A N/A Minimum Setbacks Front yard Side facing street on corner & through lots Side yard Rear yard Side or rear yard abutting more restrictive zoning district Distance between property line and front of garage 20 ft. 15 ft. 5 ft. 15 ft. N/A. 20 ft. Verified at BUP Verified at BUP Verified at BUP Verified at BUP N/A Verified at BUP Maximum Height 30 ft. Verified at BUP Minimum Landscape Requirement N/A N/A According to the applicant’s site plan, the proposed lots range in size from 6,000 square feet to 14,956 square feet and the average lot width is more than 50 feet. Compliance with setbacks and building height requirements will be verified prior to the issuance of building permits (BUP) at the time of site plan review for individual lots. Lots 1-5, 77 and 57 are through lots. The applicant has noted that the 20 foot rear yard setback required by 18.810.060.C for those lots will be provided in the narrative; however, the Site Plan/Typical Lot Plan (Sheet 10) did not show the additional rear yard setback for lots 1-5. A condition of approval will ensure the setbacks for through lots are satisfied. NOTICE OF DECISION PAGE 15 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION FINDING: Based on the analysis above, development standards in the R-4.5 residential zone have not been met or will be verified at the time of building permit issuance. CONDITION: Prior to issuance of building permits, the applicant shall demonstrate that the minimum setbacks and height maximum required in the base zone (R-4.5) have been met. This includes through lot setbacks for lots 1-5, 57, and 77. 18.660 RIVER TERRACE PLAN DISTRICT 18.660.020 Applicability This chapter applies to all property that is located in the River Terrace Plan District. The boundaries of the plan district are shown on Map 18.660.A, which is located at the end of this chapter. The standards and requirements in this chapter apply in addition to, and not in lieu of, all other applicable provisions of the Tigard Community Development Code (TCDC). Compliance with all applicable standards and requirements must be demonstrated in order to obtain development approval. The standards and requirements in this chapter shall govern in the event of a conflict. The subject development site is located in the River Terrace Plan District, therefore, this chapter applies. 18.660.030 Provision of Adequate Public Facilities A. Intent. The intent of this section is to address the provision of the infrastructure systems necessary to benefit and serve all property in River Terrace as provided for in the River Terrace Community Plan, River Terrace Funding Strategy, and related infrastructure master plans, in light of the desire of property owners to commence preliminary development prior to full implementation of these plans and with the understanding that no development rights vest and no development approvals can be granted until the infrastructure systems are in place or assured. B. Approval Standard. Land use applications for subdivisions, partitions, planned developments, site development reviews, and conditional uses may be approved when the applicable standards in subsection E of this section are met by the applicant and when all of the following funding components of the River Terrace Funding Strategy have been adopted by the city and are in effect: 1. Transportation. A citywide transportation system development charge (SDC), a River Terrace transportation SDC, and a River Terrace transportation utility fee surcharge. 2. Sewer. A citywide utility fee surcharge. 3. Stormwater. A River Terrace stormwater utility fee surcharge. The applicant is requesting deferral of the requirement to demonstrate compliance with the transportation, sewer and stormwater approval standards of this section. This is discussed in the next section under 18.660.030.C. C. Deferral of Compliance. 1. The applicant may request to defer demonstrating compliance with one or more of the standards in subsections B and E of this section as provided for below: a. Preliminary Plat. Deferral of compliance to final plat approval. b. Planned Development Concept Plan (Without a Land Division Proposal). Deferral of compliance to detailed development plan approval. c. All Other Development Applications. A condition of development approval requiring demonstration of compliance no later than 180 days after approval or prior to submission of applications for building or public facility improvement permits, whichever occurs first. 2. Deferral of compliance as provided for in paragraph 1 of this subsection C shall be granted only if: a. The applicant demonstrates that the approval standard will likely be met prior to filing an application for final plat or detailed development plan approval, or prior to expiration of the condition of approval described in subparagraph 1.c of this subsection C. A determination by the approval authority that it is NOTICE OF DECISION PAGE 16 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION likely that the standard will be met shall be for the purposes of deferral only and in no way constitutes an assurance, guarantee, or other representation that may in any way be relied upon by the applicant; and b. The applicant executes a written agreement prepared by the city acknowledging that the applicant has determined that deferral is to its benefit and that any and all actions taken pursuant to or in furtherance of the approval are at the applicant’s sole and exclusive risk. The acknowledgement shall waive, hold harmless and release the city, its officers, employees and agents for any and all claims for damages, including attorney fees, in any way arising from a denial for failure to demonstrate compliance with the standards in subsection B of this section, without regard to fault. Nothing in this section shall preclude the applicant from seeking review of any land use decision in accordance with ORS Chapters 197, 215, 227, or equitable relief in a court of competent jurisdiction. The Applicant is requesting deferral of the requirement to demonstrate compliance with the storm water approval standards of this section. Deferral is not needed for water, transportation and sanitary improvements because the applicant proposes to meet current City and County standards. The City is continuing to work on adoption and implementation of the systems development charges, utility fees and related matters so the applicant may not be able to demonstrate compliance prior to final plat approval. The applicant shall execute a written deferral agreement substantially in the form provided in Exhibit 6 to this report and as approved by the City. D. Exception. An exception to one or more of the standards in subsection B of this section may be obtained through a Type II procedure as governed by Section 18.390.040. The Applicant is not requesting an exception to the standards in subsection B, therefore this section does not apply. E. Additional Standards. 1. Infrastructure improvements for water, sewer, stormwater, and transportation systems, including but not limited to pump stations and trunk lines, shall be located and designed to serve the proposed development and not unduly or unnecessarily restrict the ability of any other property to develop in accordance with the applicable River Terrace Infrastructure Master Plan. Infrastructure improvements shall be evaluated for conformance with this standard during the land use review process. The city shall take into account the topography, size, and shape of the development site; the impact of the improvement on the development site; and, the reasonableness of available options during its review. The applicant shall not be required to reduce otherwise permitted density or obtain a variance to demonstrate compliance, but this standard may be considered in reviewing a variance application. The Applicant’s plans do not restrict the ability of any other property to develop in accordance with the applicable River Terrace Infrastructure Master Plan (RTIMP). 2. Infrastructure improvements for water, sewer, and stormwater shall be placed in easements that are located, wherever possible, within existing or future rights-of-way. Easements and rights-ofway shall extend through and to the edge of the development site at such locations that would maximize the function and availability of the easement and right-of-way to serve adjacent and surrounding properties. Easements and rights-of-way shall be evaluated for conformance with this standard during the land use review process. Dedications of easements and rights-of-way shall be required as a condition of land use approval, except where the approval is for a future phase of a planned development or land division approval. The applicant’s plans indicate the infrastructure improvements will be located in rights-of-way or easements, as defined above. This standard is met. 3. Development in water pressure zone 550 shall either provide or demonstrate that there is sufficient water capacity in water pressure zone 550 to serve the proposed development, or that it can be served by another water pressure zone that has sufficient capacity, to the satisfaction of the city engineer and Tualatin Valley Fire and Rescue during the land use review process. NOTICE OF DECISION PAGE 17 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION The Applicant states the entire site falls within the 713 zone, however the city’s Water System Hydraulic Study has indicated that this site falls across both the 713 foot pressure zone and the 550-foot pressure zone. It should be noted that there is a pressure reducing valve that reduces the pressure from the 713 zone to the 550 zone that is located just north of Woodhue Street on SW 150th Avenue. The Applicant will need to provide a 550 zone pipeline for the southern portion of the subdivision. A condition of approval will ensure this standard is met. 4. Development in the north and south sewer sub-basins shall demonstrate, where applicable, that there is sufficient pump station capacity and associated force mains to serve the proposed development, or that it can be served by other system improvements, to the satisfaction of the city engineer and Clean Water Services during the land use review process. The Applicant’s plans indicate the construction of a sewer main connected to an existing line in Woodhue and extended north in SW 150th Avenue. This development drains to an existing CWS pump station located on SW Beef Bend Road near SW 146th Avenue; however capacity is not addressed. The Applicant must demonstrate that the existing CWS pump station has sufficient capacity for the development. In addition, the applicant must connect to adequate and operational public sewer facilities prior to issuance of building permits. Imposed conditions of approval will ensure this standard is met. 5. If compliance with stormwater management standards is dependent upon an off-site conveyance system or an on- or off-site regional facility that has not yet been provided, the applicant may propose alternative and/or interim systems and facilities as described in the River Terrace Stormwater Master Plan. a. Development approval for an interim facility shall include a condition to decommission the interim facility, connect it to the permanent facility when it becomes available to serve the development, and assurance that adequate financial resources are available to decommission the interim facility when the permanent facility becomes available. b. Development approval for an alternative or on- or off-site regional system or facility may include a condition to form a reimbursement district. c. No stormwater management system or facility shall be approved if it would prevent or significantly impact the ability of other properties to implement and comply with the River Terrace Stormwater Master Plan or other applicable standards. The Applicant states they are not proposing an interim stormwater management facility. They also state that the proposed development is located and designed so as not to unduly or unnecessarily restrict the ability of any other property to provide or access a public easement or facility required for the property to develop in accordance with this code. The Applicant is not requesting a variance that would necessitate a consideration of this standard. The proposed development is located within Strategy Area C of the River Terrace Stormwater Master Plan, which recommends street, site and neighborhood scale Low Impact Development (LIDA) approaches for water quality and downstream conveyance improvements (high-flow bypass/stream restoration) for water quantity. The applicant has proposed an on-site stormwater management facility for water quality and quantity. This facility can meet the recommended strategy for neighborhood LIDA treatment. Strategy Area C recommends downstream improvements to the Tualatin River. The construction of an on-site, interim stormwater management facility does not relieve the applicant of the financial obligation to participate in the permanent regional infrastructure adopted in the River Terrace Stormwater Master Plan for Strategy Area C. Funding options shall follow the scenarios proposed in Section D of the River Terrace Funding Strategy report dated December 2014. The storm water analysis provided does not comply with the Tualatin River Urban Stormwater Tool (TRUST) model for continuous flow simulation developed by CWS and the City of Tigard. A memo dated April 13, 2015, regarding proposed River Terrace Stormwater Management Standards Official Interim Guidance refers to proposed design standards for these interim/temporary facilities. The City and Clean Water Services are working to complete the Public Improvement Design Standards for Stormwater Management in River Terrace. The Applicant will be required to submit revised plans showing the interim detention facility and an operations and maintenance plan that ensure periodic maintenance of the facility. NOTICE OF DECISION PAGE 18 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION The Applicant will be required to submit revised plans using the TRUST model showing the interim detention facility and an operations and maintenance plan that ensures periodic maintenance of the facility. A revised water quality analysis using the TRUST model is also needed to support the revised stormwater pond layout as shown on the preliminary plat. The Applicant shall submit an Interim Facility Operations and Decommissioning Plan. The decommissioning plan shall include an approved plan for the ultimate use(s) of the facility tract naming responsible parties to establish the approved future use(s) of the tract. Decommissioning shall also include connection to the permanent conveyance system by means of channel or pipe required for tributary 9 per Strategy Area C River Terrace Community Plan and the Public Improvement Design Standards for River Terrace. The decommissioning plan can also be confirmation that the facility is an alternate facility to remain as designed and constructed. Applicant shall be required to assure adequate financial resources are available for decommissioning the interim facility when permanent facility becomes available and shall include as part of the submittal, all supporting legal documents, including a declaration of covenant running with the land, if applicable, and the appropriate deeds and easements. Applicant shall participate in the financing of the permanent regional infrastructure adopted in the River Terrace Stormwater Master Plan for Strategy Area C by means of the scenarios proposed in Section D of the River Terrace Funding Strategy report dated December 2014. F. Other Provisions. 1. Unless expressly authorized in a development approval, no person shall impose a private fee or any charge whatsoever that prohibits, restricts, or impairs adjacent or surrounding properties from accessing a public easement, facility, or service. 2. For purposes of this section, an ordinance or resolution adopting an SDC, utility fee, or other charge to fund public facilities and/or services described in this section shall be deemed effective if it has taken effect and the time for any legal challenge has expired or any legal challenge has been finally decided. The applicant does not intend to impose a private fee or any charge whatsoever that prohibits, restricts, or impairs an adjoining property from accessing a public easement, facility, or service or denies access to such public easement, facility, or service. The applicant understands that an ordinance or resolution adopting an SDC, utility fee, or other charge to finance public facilities and services described in this section shall be deemed effective if it has taken effect and the time for any legal challenge has expired or any legal challenge has been finally decided. 18.660.040 Approval Criteria A. Preliminary Plat Approval Criteria. In addition to the approval criteria in Sections 18.420.050 and 18.430.040, the following approval criteria shall apply to all Partition and Subdivision Preliminary Plat applications in River Terrace. As reviewed earlier in this staff report, the proposed subdivision preliminary plat complies with the approval criteria in Section 18.430.040. This criterion is met. 1. Unless the applicable approval authority determines it is in the public interest to make modifications, the applicant shall design and construct all streets, street extensions, and intersections to conform to: a. The River Terrace Transportation System Plan Addendum; and b. The street spacing and connectivity standards of this chapter, the TCDC, and Washington County, where applicable; and c. The approved plats of subdivisions and maps of partitions of abutting properties, if any, as to width and general direction. As demonstrated on the applicant’s plans, the streets, street extensions, and intersections in the proposed development conform to the River Terrace Transportation System Plan Addendum, the street spacing and the connectivity standards of this chapter and the TCDC. Compliance with the street spacing and connectivity NOTICE OF DECISION PAGE 19 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION standards of this chapter and the TCDC are demonstrated in section 18.660.080 and later sections of this report. This criterion is met. 2. The preliminary plat shall not impede the future use or development of adjacent property in River Terrace not under the control or ownership of the applicant proposing the preliminary plat. With the provision of the above mentioned future street connections, the preliminary plat does not impede the future use or development of adjacent property within River Terrace not under the control or ownership of the applicant proposing the preliminary plat. This criterion is met. 3. Where future re-division is proposed pursuant to subsection 18.420.020.D or 18.430.020.C, a plan for future phases shall show the location of lot lines, rights-of-way, easements, and other details of layout that demonstrates that future division may readily occur without violating applicable zoning district requirements and development standards of the TCDC. No phased development is proposed as part of the proposed development. This criterion is met. B. Conditional Use, Planned Development, and Site Development Review Approval Criteria. In addition to the approval criteria in Sections 18.330.030, 18.350.050, 18.350.070, and 18.360.090, the following approval criterion shall apply to all conditional use, planned development, and site development review applications in River Terrace. The proposal does not involve a conditional use, planned development, or site development review so these criteria do not apply. C. Conditions of Approval. The approval authority may attach such conditions as are necessary to comply with the River Terrace Community Plan, related infrastructure master plans, this chapter, and other applicable provisions of the TCDC. Staff has imposed conditions of approval in this staff report to ensure full compliance with applicable standards. FINDINGS: As shown in the analysis above, the River Terrace Plan District approval criteria are met. 18.660.060 River Terrace Boulevard Development Standards A. Applicability. The applicable development standards contained in the underlying base zone shall apply to all development in River Terrace, except where the applicant has obtained variances or adjustments in accordance with Chapter 18.370 or subsection D of this section, and except as specified below. The development standards in this section shall apply to the types of development listed below on lots abutting the River Terrace Boulevard right-of-way (ROW). River Terrace Boulevard is not located within the subject site. These standards do not apply. 18.660.070 Planned Developments The requirements of Chapter 18.350 shall apply to all planned developments in River Terrace, except as modified within this section. The applicant has not requested a Planned Development. These standards do not apply. 18.660.080 Street Design A. River Terrace Boulevard. The following street design standards apply to River Terrace Boulevard as shown in Figure 18.660.7 below. The general location of River Terrace Boulevard is shown on Map 18.660.B, which is located at the end of this chapter. River Terrace Boulevard is not located within the site. This section does not apply. NOTICE OF DECISION PAGE 20 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION B. Street Design – Commercial Collector Section 18660.080.B states that the following street design standards apply to the commercial collector as shown in Figure 18.660.8 below. These standards apply to the collector street located in the community commercial zone as shown on the city’s zoning map. The general location of the commercial collector is shown on Map 18.660.B, The commercial collector is not located within the site. This section does not apply. C. Street Design – Arterial Streets. The following street design standards apply to the arterial streets in the River Terrace Plan District as shown on Map 18.660.B, which is located at the end of this chapter. The site does not include any arterial streets. This section does not apply. D. Public Skinny Streets and Private Streets. Development sites that have public street frontage on an arterial street upon which they cannot take vehicle access shall take access from a private street that meets city standards or from another public street that, at a minimum, meets the skinny street option as shown in Figure 18.810.6.B. Private street standards are established by the city engineer pursuant to subsection 18.810.030.T. There are no proposed arterials within or adjacent to the development site. This standard does not apply. E. Private Alleys. Development sites that have public street frontage on a local street, neighborhood route, or collector street may choose to provide vehicle access through a private alley provided that the alley meets all of the standards below and in subsection 18.810.030.R. Adjustments to any of these standards shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria from paragraph 18.370.020.C.9. Private alleys are not proposed. All homes sites have access to a public or private street. This criterion does not apply. FINDING: As shown in the analysis above, the River Terrace street design standards do not apply to the proposed development. 18.660.090 Street Connectivity A. Street Alignment and Connections. In addition to the exceptions already allowed in subsection 18.810.030.H, the following exceptions shall also apply to development in River Terrace. 1. For development sites located on the side of the River Terrace Boulevard right-of-way with the trail corridor, an additional exception to the street spacing requirement is allowed and encouraged to minimize the number of trail crossings, provided that there are bicycle and pedestrian connections in public easements or rights-of-way a minimum of every 330 feet. The site does not abut the River Terrace Boulevard ROW. This standard does not apply. 2. For public or private school sites, an additional exception to the street spacing requirement is allowed, provided that there is adequate internal circulation for pedestrians, cyclists, and vehicles within and through the site and a sufficient number and distribution of public access points from the site to public streets, sidewalks, and trails as determined by the approval authority. The subject property is not a public or private school site. This standard does not apply. B. Block Perimeter. The perimeter of blocks formed by streets shall not exceed a total of 1,600 feet measured along the centerline of the streets except where street location is precluded by natural topography, wetlands, significant habitat areas, bodies of water, pre-existing development, or an arterial or collector street along which the city has identified a need to minimize the number of intersections. NOTICE OF DECISION PAGE 21 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION As shown in the Site Plan (Sheet 11), many of the blocks formed by streets in the proposed development exceed a total of 1,600 feet measured along the centerline of the streets. The largest of these is approximately 1,800 feet. The applicant states that several factors contributed to the proposed design including natural resources that cut diagonally through the site, existing development patterns to the north, topography, and shallow bedrock. Trails are proposed out to SW 150th Avenue where full street connections cannot be made. A pedestrian connection through Tract H to the existing subdivision to the north was considered. The applicant approached the owner of lot 21 of the French Prairie Estates No. 2, which had previously been utilized for a CWS sanitary pump station. The current owner is not interested in the development of a trail through the property. Another pedestrian connection was considered connecting SW Thames Lane to SW Mississippi or SW Seine; however the steep grade differences, presence of shallow bedrock, and lot size averaging requirements prevent this connection. In order to meet block requirements the decision is conditioned to provide two additional pedestrian connections to future development to the west. The first is a pedestrian connection extending from SW Seine Court to the west and a second from SW Thames Lane west through the open space Tract H. FINDING: Based on the analysis above, the proposed development meets, or has been conditioned to meet the applicable River Terrace Street Connectivity standards. Prior to any site work, the applicant shall submit revised plans that include a pedestrian connection from west end of SW Seine Court to the western property boundary and a nature trail through the proposed open space Tract H from the west end of SW Thames Lane to the west property boundary, and obtain a revised CWS service provider letter in support of the enhancements, if necessary. 18.660.100 On-Street Parking A. Applicability. In addition to the standards in Chapter 18.765 for off-street parking, the following on street parking standards shall also apply to all residential single-family attached, single-family detached, and duplex development in River Terrace with individual off-street parking and vehicle access on a local street, neighborhood route, or private street or alley. B. Quantity Standards. All single-family and duplex development described in subsection A of this section shall provide the following number of on-street parking spaces: 1. For a dwelling with one off-street parking space, a minimum of two on-street parking spaces shall be provided. 2. For a dwelling with two off-street parking spaces, a minimum of one on-street parking space shall be provided. 3. For dwellings with more than two off-street parking spaces, a minimum of one on-street parking space shall be provided for every two lots with more than two off-street parking spaces that are adjacent to each other. As shown in the applicant’s Parking Plan (Sheet 9), the proposed development will provide more than the required number of on-street parking spaces. A total of 212 on-street parking spaces are provided, which greatly exceeds the required total of 41 on-street parking spaces. This standard is met. C. Dimensional Standards. Parking spaces shall be at least 20 feet in length. Parking spaces may not utilize street frontage that contains a driveway, driveway apron, crosswalk, congregate mailbox structure, or fire hydrant to meet the required dimensional standard. As shown in the applicant’s Parking Plan (Sheet 9), parking spaces within the proposed development will be at least 20 feet in length and will not utilize street frontage that contains a driveway, driveway apron, crosswalk, congregate mailbox structure, or fire hydrant to meet the required dimensional standard. This standard is met. D. Location Standards. Required on-street parking spaces shall be provided within the development site and along the affected lot’s street frontage by parallel parking, except as provided below. NOTICE OF DECISION PAGE 22 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION 1. All or some of the on-street parking spaces required in paragraphs B.1 through 3 of this section may be provided on a street frontage not associated with the affected lot provided that the required parking space(s) is located on the same block and within 200 feet of the affected lot. As shown in the applicant’s Parking Plan (Sheet C-10), parking spaces within the proposed development are either provided on a street frontage associated with the affected lot or on the same block and within 200 feet of the affected lot. The development does not propose the use of parking courts. This standard is met. E. Adjustments. Adjustments to these standards shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria from subparagraph 18.370.020.C.6.a. The applicant does not propose any adjustments. This standard does not apply. FINDING: As shown in the analysis above, the on street parking standards are met. 18.660.110 Temporary Sales Offices and Model Homes One temporary sales office and one or more model homes may be located and used prior to final plat approval when proposed by the applicant in conjunction with a preliminary plat application for a subdivision. Any such proposal and approval shall be processed in accordance with Section 18.785.030, meet the approval criteria in subsection 18.785.040.C, and comply with the provisions in this section. If the applicant does not propose a temporary sales office or model home in conjunction with a preliminary plat application for a subdivision, one or both may be proposed at a later date in accordance with Chapter 18.785. A. Temporary Sales Office. 1. No more than one temporary sales office, not including a sales office in a model home, per subdivision may be approved for placement on a lot intended for a dwelling unit as shown on the preliminary plat. 2. Conditions of approval for a temporary sales office shall protect the public’s health, safety, and welfare. Conditions of approval shall include, but are not limited to, the following: a. Provision of adequate fire access and water supply, including fire hydrants. b. Provision of safe and adequate pedestrian and vehicle access, including a sidewalk along the frontage of each sales office lot and curbs and the first lift of asphalt on all streets proposed to serve the sales office lot. c. Installation of utilities within all streets proposed to serve the sales office lot. d. Provision of adequate parking. 3. Any improvements to the property shall be designed and constructed so as to not preclude future use of the property as zoned. The applicant proposes one temporary sales office within one of the model homes, as shown on the Model Home/Sales Office Plan (Sheet 11.1). The sales office shall be conditioned to protect the public’s health, safety, and welfare. As conditioned, this standard is met. B. Model Homes. 1. The number of model homes shall be limited to: a. Three, or one for every six acres of land proposed for subdivision in a preliminary plat, whichever is greater, if the preliminary plat application is proposed in conjunction with a planned development application 2. Conditions of approval for a model home shall protect the public’s health, safety, and welfare. Conditions of approval shall include, but are not limited to, the following: a. Provision of adequate fire access and water supply, including fire hydrants. b. Provision of safe and adequate pedestrian and vehicle access, including a sidewalk along the frontage of each model home lot and curbs and the first lift of asphalt on all streets proposed to serve each model home lot. NOTICE OF DECISION PAGE 23 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION c. Installation of utilities within all streets proposed to serve each model home lot. d. Provision of adequate parking. 3. Any improvement to the property shall be designed and constructed so as to not preclude full compliance with all applicable development standards upon final plat approval. The applicant bears the sole and complete risk of altering and/or relocating the model home prior to final plat approval if such actions are necessary for it to comply with all applicable development standards upon final plat approval. 4. Each model home shall be located and constructed on a separate preliminary lot intended for a dwelling unit as shown on the preliminary plat and in conformance with all applicable development standards, including but not limited to: setbacks, lot coverage, height, façade design, and access. Nothing in this section shall be construed as recognizing the lot on which the model home is located as a final approved lot for any purpose. Nor shall the model home approval be the basis for a variance, exception, vested right or nonconforming use. 5. No model home may be occupied except during established business hours and in no event shall be used as an overnight accommodation. 6. One model home may be used as a temporary sales office in lieu of a temporary sales office approved in accordance with either subsection 18.660.110.A or subsection 17.785.020.C. The applicant proposes four model homes with the proposed development, as shown on the Model Home Site Plan in Exhibit C-11.1. Given the 29.97-acre site, four model homes are permitted, subject to a condition to protect the public’s health, safety, and welfare. A temporary sales office is proposed in one of the model homes. As conditioned this standard is met. C. Owner Authorization and Performance Bond. The temporary use application for the sales office and/or model home(s) shall include authorization from the owner, binding its successors and assigns, for the city to enter the property and take such actions as are necessary to demolish and remove any temporary sales office or model home that has been declared a nuisance pursuant to paragraph D.2 of this section. The applicant shall post a performance bond in favor of the city in an amount designated in the temporary use approval as a reasonable estimate of the cost sufficient for this purpose. The bond shall be released upon final plat approval. D. Removal of Model Home or Temporary Sales Office. 1. If final plat approval is not obtained prior to the lapse of the preliminary plat approval, each model home or temporary sales office shall be removed and the property restored and made safe by the applicant or owner. This shall occur no later than 60 days after the lapse of the preliminary plat approval in accordance with Section 18.430.030, including any approved extension. 2. A model home or temporary sales office not removed in accordance with paragraph 1 of this subsection D shall be declared a nuisance. The city shall enter the property and abate the nuisance by taking such actions as are necessary to demolish and remove the structure(s) in accordance with the owner authorization and performance bond required in subsection C of this section. The applicant states that no later than 60 days after any lapse of the preliminary plat, each model home and the temporary sales office will be removed, and the site restored and made safe. In the case that a model home or temporary sales office is not removed, the applicant authorizes the City to enter the property and abate the nuisance by taking such actions as are in favor of the city in an amount designated as a reasonable estimate of the cost of such actions. FINDING: Based on the analysis above, the proposed development meets, or has been conditioned to meet the applicable model home and temporary sales office standards. NOTICE OF DECISION PAGE 24 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION CONDITIONS: The proposed sales office and model homes may be approved subject to protection of the public’s health, safety, and welfare through the following: a. Provision of adequate fire access and water supply, including fire hydrants, as determined by the fire service provider. b. Provision of safe and adequate pedestrian and vehicle access, including a sidewalk along the frontage of each model home lot and curbs and the first lift of asphalt on all streets proposed to serve each model home lot. c. Installation of utilities within all streets proposed to serve each model home lot. d. Provision of adequate parking. The applicant shall provide authorization, binding its successors and assigns, for the city to enter the property and take such actions as are necessary to demolish and remove any temporary sales office or model home that has been declared a nuisance. The applicant shall post a performance bond in favor of the city in an amount designated in the temporary use approval as a reasonable estimate of the cost sufficient for this purpose. The bond shall be released upon final plat approval. 18.705 ACCESS, EGRESS, AND CIRCULATION 18.705.020 Applicability of Provisions A. When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. The proposal is an 82 lot subdivision, which is considered development; therefore these provisions apply. 18.705.030 General Provisions D. Public street access. All vehicular access and egress as required in 18.705.030.H and 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 on the applicant’s site plan, all lots will take access from a public or private street. The site fronts SW 150th Avenue (a Washington County facility); however, no lots will have direct access to that street. The applicant will place a note on the plat to restrict access onto 150th Avenue. Public streets will be maintained by the City of Tigard or Washington County. Maintenance agreements will ensure for the upkeep of private streets. This standard is met. H. Access management. 1. 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 (depending on jurisdiction of facility). The Applicant addressed sight distance in a report dated, February 25, 2015. There are two access points for the subdivision onto SW 150th Avenue. Construction on 150th Avenue is proposed to provide adequate sight distance from the Colorado Street intersection. The Applicant submitted a Traffic Impact Study prepared by Kittelson & Associates, dated March 5, 2015. The analysis was done for the four proposed Polygon developments in River Terrace. The proposed Bull Mountain development, located on the west side of 150th Avenue opposite SW Hawks Ridge Road will provide 82 single family homes. Based on the analysis done by Kittelson the following is recommended: • SW 150th Avenue should be widened to provide half street improvements along the site frontage. NOTICE OF DECISION PAGE 25 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION • Intersection sight distance should be provided at all local street intersections created as part of the neighborhood. Landscaping, above ground utilities and signs should be located and maintained in a manner that preserves adequate intersection sight distance. Kittelson’s analysis concludes that the proposed neighborhood development can occur while maintaining acceptable traffic operations and safety at the study intersections. Washington County submitted required conditions in a letter dated April 20, 2015 requiring construction of a westbound left turn lane on Bull Mountain Road at the intersection of 150th Avenue. The Applicant shall incorporate all of Kittelson’s recommendations and Washington County’s conditions into their Washington County Facilities Permit application and City of Tigard PFI permit application for review and approval. With the proposed conditions of approval this standard is met. 2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from city engineer review of a traffic impact report submitted by the applicant’s traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. There are some driveways that will be within less than 150 feet from 150th Avenue, a collector street. The individual lots have less than 150 feet of street frontage. The applicant has proposed driveways within the influence area. The driveways shall be placed as far as possible from the intersections with 150th Avenue. This standard is met. 3. 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. There are no driveways placed directly on SW 150th, which is a collector street. The two intersecting streets proposed along 150th Avenue meet the minimum spacing standard of 200 feet. 4. The minimum spacing of local streets along a local street shall be 125 feet. All proposed streets within the development are local streets or neighborhood routes. These streets all meet the minimum spacing standard of 125 feet. I. Minimum access requirements for residential use. 1. Vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual lots and multifamily residential uses shall not be less than as provided in Tables 18.705.1 and 18.705.2. TABLE 18.705.1 VEHICULAR ACCESS/EGRESS REQUIREMENTS: RESIDENTIAL USE (6 or fewer units) Number Dwelling Unit/Lots Min. Number of Driveways Required Min. Access Width Min. Pavement Width 1 or 2 1 15′ 10′ 3-6 1 20′ 20′ The proposed vehicular access and egress for the project is consistent with the minimum 10-foot paved driveway within a 15-foot-wide access way. This standard is met. NOTICE OF DECISION PAGE 26 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION FINDING: Based on the analysis above, the proposed development meets, or has been conditioned to meet the Access, Egress and Circulation standards. CONDITIONS: Prior to commencing site improvements, the Applicant shall incorporate the recommendations outlined in the Kittelson Traffic Impact Study, dated March 5, 2015, including, but not limited to installing half street improvements to SW 150th Avenue, providing intersection sight distance and improving sight distance along SW 150th Avenue. Prior to issuance of building permits, the Applicant shall provide intersection sight distance certification meeting Washington County standards. 18.715 DENSITY COMPUTATIONS 18.715.010 Purpose The purpose of this chapter is to implement the comprehensive plan by establishing the criteria for determining the number of dwelling units permitted. 18.715.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the total site acres: 1. All sensitive land areas: a. Land within the 100-year floodplain, b. Land or slopes exceeding 25%, c. Drainage ways, and d. Wetlands, e. Optional: Significant tree groves or habitat areas, as designated on the City of Tigard “Significant Tree Grove Map” or “Significant Habitat Areas Map”; 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: a. Single-family development: allocate 20% of gross acreage, b. Multifamily development: allocate 15% of gross acreage or deduct the actual private drive area; 4. All land proposed for private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. As shown in the following density computation, the maximum number of units is 92. Residential Density Calculations Buildable Land Area Gross Area (Acres) 29.97 Subtractions 1. Sensitive Land Areas -4.53 2. Park Dedications -2.30 3. Public Rights-of-Way (actual) -7.18 5. Area for Existing House 0 Subtotal: Subtractions 15.96 Density Transfer (38,407 x .25) 0 Net Buildable Land Area 15.96 NOTICE OF DECISION PAGE 27 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION Maximum Residential Units Calculation Net Buildable Land Area 15.96 (divide by) Minimum Lot Area in R- 4.5 Zone 7,500 Maximum Residential Units 92.69 Minimum Residential Units Calculation Maximum Number of Units Allowed 92.69 (multiply by) 0.8 80% Minimum Residential Units 74.16 C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in subsection B of this section by 80% (0.8). As shown above, the minimum number of units is 74 and the maximum is 92. The applicant has proposed 82 new units. This standard is met. FINDING: According to the computation above, both the standards for maximum number of lots and the minimum number of lots is met by the proposal. 18.725 ENVIRONMENTAL PERFORMACE STANDARDS These standards require that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from 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: The proposal is for a subdivision of land to accommodate detached single-family residential houses, which is permitted within the R-4.5 zone. These Environmental Performance standards will apply to each of the residences after construction. NOTICE OF DECISION PAGE 28 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION 18.745 LANDSCAPING AND SCREENING 18.745.040 Street Trees 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. The application is for an 82 lot subdivision and is therefore being processed through a Type II procedure. Therefore, the following standards apply. 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. The minimum number of required street trees as determined by dividing the linear street frontage by 40 results in a requirement of 263 street trees. As shown on the Tree Canopy Site Plan (Sheet L1), the applicant has proposed 10,515 linear feet of frontage and more than 263 street trees in the right of way. This standard is met. C. Street trees required by this section shall be planted according to the Street Tree Planting Standards in the Urban Forestry Manual. Root barriers are proposed where needed, and the applicant states that street trees will be planted in accordance with the planting standards of the Urban Forestry Manual. The proposed street trees are found on the approved street tree lists and meet the minimum size and spacing requirements. This standard is met. 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. Street tree soil volume standards are set forth in Section 12 of the Urban Forestry Manual, with minimum soil volume requirements linked to right of way width as measured from back of curb towards the subject site. According to Attachment B to the Supplemental Report, Street Tree Soil Volume Calculations, 26 of the proposed street trees do not have sufficient open soil to meet the minimum 500 cubic foot soil volume requirement. Therefore, as a condition of approval the applicant shall submit a revised soil volume plan and Attachment C to the Supplemental Report to demonstrate how the soil volume standard can be met. 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 6 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. As shown on the preliminary Tree Canopy Site Plan, the required street trees are proposed within the right-of-way in a planter strip or behind the sidewalk where curb tight sidewalks are proposed near sensitive areas. This standard is met. F. An existing tree may be used to meet the street tree standards provided that: 1. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right of way immediately adjacent to the subject site; 2. The tree would be permitted as a street tree according to the Street Tree Planting and Soil Volume Standards in the Urban Forestry Manual if it were newly planted; and 3. The tree is shown as preserved in the Tree Preservation and Removal site plan (per 18.790.030.A.2), Tree Canopy Cover site plan (per 18.790.030.A.3) and Supplemental Report (per 18.790.030.A.4) of a concurrent urban forestry plan and is eligible for credit towards the effective tree canopy cover of the site. The applicant does not propose the use of existing trees as street trees. This standard does not apply. NOTICE OF DECISION PAGE 29 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION G. In cases where it is not practicable to provide the minimum number of required street trees, the Director may allow the applicant to remit payment into the Urban Forestry Fund for tree planting and early establishment in an amount equivalent to the City’s cost to plant and maintain a street tree for three (3) years (per the Street Tree Planting Standards in the Urban Forestry Manual) for each tree below the minimum required. The applicant has proposed more than the minimum number of required street trees. However, if changes to the plan are necessary during subsequent plan review or construction, the applicant shall pay a fee in lieu for trees that cannot be planted. As conditioned, this standard will be met. FINDING: Based on the analysis above, the proposed development meets, or has been conditioned to meet the applicable Landscaping and Screening standards. CONDITIONS: Prior to any site work, the applicant shall submit a revised soil volume plan and Attachment C to the Supplemental Report to demonstrate the soil volume standard is met. During PFI plan review or construction it is determined that the minimum number of street trees cannot be planted, the applicant shall pay the applicable fee in-lieu to satisfy code requirements. 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS 18.765.030 General Provisions B. Location of vehicle parking. The location of off-street parking will be as follows: 1. Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwellings. Parking for each single family dwelling is proposed on the same lot as the dwelling. This standard is met. 18.765.070 Minimum and Maximum Off-Street Parking Requirements H. Specific requirements. See Table 18.765.2. FINDING: Table 18.765.2 requires 1 parking space per dwelling unit. The applicant is proposing more than one parking space per unit. One space will be located within an attached garage, and at least one other space will be provided within the driveway, consistent with this standard. 18.775 SENSITIVE LANDS The site includes a drainageway and wetlands, which are both considered sensitive lands. Two street crossings are proposed to span the drainageway. Utilities will be built to attach underneath the span or be bored under the resource. There will be no impact to the drainageway; thus a sensitive lands permit is not required. The wetlands on the site are not locally significant and are not mapped on the Tigard Wetland and Streams Corridors map and are exempt from permit. 18.775.020 Applicability of Uses – Permitted Prohibited, and Nonconforming D. Jurisdictional wetlands. Landform alterations or developments which are only within wetland areas that meet the jurisdictional requirements and permit criteria of the U.S. Army Corps of Engineers, Division of State Lands, CWS, and/or other federal, state, or regional agencies, and are not designated as significant wetlands on the City of Tigard “Wetland and Streams Corridors Map,” do not require a sensitive lands permit. The city shall require that all necessary permits from other agencies are obtained. All other applicable city requirements must be satisfied, including sensitive land permits for areas within the 100-year floodplain, slopes of 25% or greater or unstable ground, drainageways, and wetlands which are not under state or federal jurisdiction. NOTICE OF DECISION PAGE 30 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION The wetlands on-site are jurisdictional wetlands but they are not Tigard significant wetlands, therefore a Tigard Sensitive Lands Permit is not required. Other agency permits are required. The applicant has obtained a Clean Water Services Service Provider Letter for encroachment into the wetland buffer. The applicant submitted letters from the Oregon Department of State Lands regarding work in the resources. The letters state that the wetlands and ponds are subject to the permit requirements of the state; however a permit is not required because it involves removal-fill outside waters of the state that are not designated as Essential Salmonid Habitat or a State Scenic Waterway. FINDING: The applicant has not proposed site work within the on-site sensitive lands in any way that requires a Sensitive Lands Review. This section of the code does not apply. 18.785 TEMPORARY USE C. Temporary sales office or model home. By means of a Type I procedure, as governed by Section 18.390.030, the director may approve, approve with conditions or deny the use of any real property within the city as a temporary sales office, offices for the purpose of facilitating the sale of real property, or model home in any subdivision or tract of land within this city, but for no other purpose, provided the following criteria are satisfied: 1. Temporary sales office. a. The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold; and b. The property to be used for a temporary sales office shall not be permanently improved for that purpose. As described in the applicant’s narrative and shown in the plans (Plan Sheet 10.1), the proposed development includes a temporary sales office, which is proposed within one of the four model homes. The office is located within the boundaries of the subdivision and will not be permanently improved for that purpose. This criterion is met. 2. Model house. a. The model house shall be located within the boundaries of the subdivision or tract of land where the real property to be sold is situated; and b. The property to be used for a model house shall be a permanently designed dwelling structure. As described in the applicant’s narrative and shown in the plans (Plan Sheet 10.1), the proposed development includes four model homes, which are located within the boundaries of the subdivision and would be permanently improved for that purpose. This criterion is met. FINDING: The proposed development includes four model homes and one temporary sales office (Plan Sheet 10.1), as described in the Model Homes and Temporary Sales Office section of the River Terrace Plan District (18.660.110), above. Accordingly, the proposal and approval shall be processed in accordance with Section 18.785.030, meet the approval criteria in subsection 18.785.040.C, and comply with the provisions in section 18.660.110. As reviewed above, the proposed model homes and sales office have been conditioned to ensure that the public’s health, safety, and welfare are protected. 18.790 URBAN FORESTRY PLAN 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; NOTICE OF DECISION PAGE 31 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION An Urban Forestry Plan prepared/approved by a landscape architect (Karen E. Lankford) and certified arborist (Morgan Holen) has been provided. This standard is met. 2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual (UFM); 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 11) contains the required components. However, the orange plastic fencing proposed does not meet the minimum standard, which is 5-foot metal fencing. In order to meet this standard the decision will be conditioned to require a revised Tree Preservation and Removal plan and Supplemental Report showing protection fencing that meets the requirements of Part 1 of Section 10 of the Urban Forestry Manual (5-foot metal fencing). 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 preliminary Tree Canopy Site Plan (Sheets L1.01 – 1.05) and supplemental report contain the applicant’s proposal to meet the requirements. The applicant proposes to satisfy the minimum 40% effective site canopy coverage and 15 % effective canopy coverage per lot by planting 306 medium stature trees. The majority of these are street trees; however four of the canopy trees are proposed along a neighborhood trail on lots 34 and 35. This standard is met. 4. Meet the supplemental report standards in the Urban Forestry Manual. A supplemental report was prepared by certified arborist, Morgan Holen. The report includes the required data with the exception of tree protection fencing and soil volume requirements. Conditions of approval will ensure the supplemental report standards are satisfied. B. Tree canopy fee. If the supplemental report demonstrates that the applicable standard percent effective tree canopy cover will not be provided through any combination of tree planting or preservation for the overall development site (excluding streets) or that the 15% effective tree canopy cover will not be provided through any combination of tree planting or preservation for any individual lot or tract in the R-1, R-2, R-3.5, R-4.5 and R-7 districts (when the overall development site meets or exceeds the standard percent effective tree canopy cover), then the applicant shall provide the city a tree canopy fee according to the methodology outlined in the tree canopy fee calculation requirements in the Urban Forestry Manual. The site meets the canopy requirements; therefore, this standard does not apply. FINDING: Based on the analysis above, the proposed development meets, or has been conditioned to meet the applicable Urban Forestry Plan requirements. CONDITIONS: Prior to any site work, the applicant shall submit a revised Tree Preservation and Removal plan and Supplemental Report showing protection fencing that meets the requirements of Part 1 of Section 10 of the Urban Forestry Manual (5-foot metal fencing). 18.790.060 Urban Forestry Plan Implementation 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 the previously approved urban forestry plan shall be guaranteed and required according to the tree establishment requirements in Section 11, part 2 of the Urban Forestry Manual. The applicant’s proposal does not address tree establishment bond requirements. A condition of approval is added for the applicant to provide a tree establishment bond that meets the requirements of the Urban Forestry Manual Section 11, Part 2. NOTICE OF DECISION PAGE 32 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION 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 Section 18.790.030.A.3) and supplemental report (per Section 18.790.030.A.4) of a previously approved urban forestry plan. Section 11, Part 3 of the Urban Forestry Manual states that prior to any ground disturbance 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. This can be met through a condition of approval. FINDING: Based on the analysis above, the proposed development meets, or has been conditioned to meet the applicable Urban Forestry Implementation requirements. CONDITIONS: Prior to any ground disturbance work, the applicant shall submit to the city the current Inventory Data Collection fee for urban forestry plan implementation. Prior to any ground disturbance work, the applicant shall provide a tree establishment bond that meets the requirements of Urban Forestry Manual Section 11, Part 2. 18.795 VISUAL CLEARANCE 18.795.030 Visual Clearance Requirements A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. FINDING: The site plan shows the visual clearance areas for all new intersections. New home construction and driveways on each of the proposed lots will be required to meet the applicable visual clearance triangle requirement. Prior to issuance of building permits, visual clearance will be ensured through site plan review. This standard is met. 18.810 STREET AND UTILITY IMPROVEMENTS STANDARDS: 18.810.030 Streets A. Improvements. 1. No development shall occur unless the development has frontage or approved access to a public street 2. No development shall occur unless streets within the development meet the standards of this chapter 3. No development shall occur unless the streets adjacent to the development meet the standards of this chapter, provided, however, that a development may be approved if the adjacent street does not meet the standards but half-street improvements meeting the standards of this title are constructed adjacent to the development. The site is adjacent to 150th Avenue, a Washington County collector. Washington County has submitted conditions dated April 20, 2015, which require improvements on 150th of a 37-foot half street right-of-way section, with a 6-inch curb, 5 foot planter strip, 6 foot sidewalk and 6-inches to right of way line. The Applicant has submitted revised plans showing the required improvements. This standard is met. NOTICE OF DECISION PAGE 33 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION E. Minimum Rights-of-Way and Street Widths: Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street or within the Downtown District, street right-of-way and roadway widths shall not be less than the minimum width described below. Where a range is indicated, the width shall be determined by the decision-making authority based upon anticipated average daily traffic (ADT) on the new street segment. (The City Council may adopt by resolution, design standards for street construction and other public improvements. The design standards will provide guidance for determining improvement requirements within the specified ranges.) These are presented in Table 18.810.1 The Applicant requests use of the residential local skinny street option for Rio Grande Terrace, Missouri Avenue, Thames Lane, Hudson Avenue, Peace Avenue, Seine Drive, Colorado Street and Danube Drive. The Applicant provided an analysis of the future street plan than anticipates less than 1000 vpd on the local skinny streets. The proposed skinny street provides a 50 foot ROW and 28 foot paved section, in accordance with 18.810.4.B, for streets with less than 1000 vehicle trips per day (vpd). The use of the residential local skinny street option is appropriate for Rio Grande Terrace, Missouri Avenue, Thames Lane, Hudson Avenue, Peace Avenue, Seine Drive, and Danube Drive. However, the applicant will not be allowed to construct Colorado Street as a skinny street. For Colorado Street the applicant shall be required to construct ¾ of a standard local street, which ultimately will have 54-feet right-of-way and 32 feet of pavement curb to curb. The applicant shall construct 24 feet of pavement, curb and trail along the north side. The remainder of 8 feet pavement, curb, planter and sidewalk will be constructed with future development along the south properties. This decision is conditioned to revise detail A1 on the Preliminary Circulation Plan, Sheet 8 to reflect the standard local street detail, Figure 18.810.4A. F. Future street plan and extension of streets. 1. A future street plan shall: a. Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include other parcels within 530 feet surrounding and adjacent to the proposed land division. At the applicant’s request, the city may prepare a future streets proposal. Costs of the city preparing a future streets proposal shall be reimbursed for the time involved. A street proposal may be modified when subsequent subdivision proposals are submitted. b. Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 530 feet of the site. 2. Where 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. These extended streets or street stubs to adjoining properties are not considered to be cul-de-sac since they are intended to continue as through streets at such time as the adjoining property is developed. b. 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. c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub street in excess of 150 feet in length. A conceptual future street connectivity plan is included with this application. The plan shows the extension of SW Colorado Street and SW Seine Drive extending to the west including street profile. Steep grades for the extension of Seine Drive were noted by the Engineering Division resulted in the decision to not require extension of that street. Therefore, the applicant revised the plans to make the portion of SW Seine near the western site boundary a private street that terminates before the site boundary. Street connections to southern properties will be from public streets off SW Colorado. A barricade is proposed at the end of SW Colorado Street. An existing subdivision to the north prevents street connections along that boundary. This standard is met. H. Street alignment and connections. 1. Full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing NOTICE OF DECISION PAGE 34 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION 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. 2. All local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is considered precluded when it is not possible to redesign or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. 3. Proposed street or street extensions shall be located to provide direct access to existing or planned transit stops, commercial services, and other neighborhood facilities, such as schools, shopping areas and parks. 4. All developments should provide an internal network of connecting streets that provide short, direct travel routes and minimize travel distances within the development. The proposed street plans in the development meet the spacing standard of no more than 530 feet between connections, except along Thames Lane and 150th Avenue. Connections are provided except where prevented by resources or steep grades. This standard is met. N. Grades and curves. 1. Grades shall not exceed 10% on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet); and 2. Centerline radii of curves shall be as determined by the city engineer. The Applicant states that there are no slopes in excess of 12% on the site or on SW 150th Avenue, a collector. This standard is met. Q. Access to arterials and collectors. Where a development abuts or is traversed by an existing or proposed arterial or collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: 1. A parallel access street along the arterial or collector; 2. Lots of suitable depth abutting the arterial or collector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or collector; or 4. Other treatment suitable to meet the objectives of this subsection; 5. If a lot has access to two streets with different classifications, primary access should be from the lower classification street. The site is adjacent to SW 150th Avenue, a county collector. The Applicant has provided a circulation plan that shows all lot access will be from the residential local streets. This standard is met. T. Private streets. 1. Design standards for private streets shall be established by the city engineer; and 2. The city shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. NOTICE OF DECISION PAGE 35 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION The Applicant has proposed four (4) private streets. Two private streets, Thames Court and Seine Court, have a tract width of 50 feet and a paved width of 28 feet with sidewalks and planter strips on both sides. The remaining two private streets, Mississippi Court and Missouri Place, have a paved width of 24 feet with sidewalks and planter strips on one side. The configuration of these two streets does not meet Tualatin Valley Fire and Rescue (TVFR) standards. Therefore, the decision will be condition to require that the plans be revised to show 28 feet of pavement in order to provide for parking on one side, or the planter strip can be eliminated. Conversely, the applicant can keep the planter strip and eliminate the parking. The development plans show private streets in tracts. The proposed private streets serve less than six dwelling units. All private streets must be managed and maintained by a homeowners association (HOA) or other approvable agreement in perpetuity. In addition, private street lights are metered separately from the public system. The Applicant shall place a statement on the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by them. In addition, the Applicant shall record Conditions, Covenants and Restrictions (CC&R’s) along with the final plat that will clarify how the private property owners are to maintain the private streets, pathways and open space tracts. These CC&R’s shall be reviewed and approved by the City prior to approval of the final plat. The City’s public improvement design standards require private streets to have a pavement section equal to a public local street. The Applicant shall revise the plans to show a pavement section for the private streets equal to a public local street. FINDING: Based on the analysis above, the proposed development meets, or has been conditioned to meet the applicable Streets standards. CONDITIONS: Prior to commencing site improvements, the Applicant’s City of Tigard Public Facility Improvement permit construction drawings shall indicate that full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street trees, streetlights, and underground utilities shall be installed within the interior subdivision streets. Local streets shall be designed and constructed to local street standards. Requirements prior to commencing site improvements for specific streets are as follows: • Bull Mountain Road, a County Collector shall be shown on PFI plan set to have the required west bound left turn lane at the intersection of Bull Mountain Road and 150th per the Washington County conditions letter dated April 20, 2015. • 150th Avenue, a County Collector shall be shown to have: - Right-of-way dedication of 37 feet from centerline and additional right of way to provide adequate corner radii at intersections with 150th Avenue per Washington County conditions letter. - Pavement width of 25 feet from centerline - Pavement section as required by Washington County, C-1. - Concrete curb or curb and gutter as needed - Sanitary sewer - Storm drainage - Underground utilities - 6-foot sidewalk with 5-foot planter strip - Street trees, lighting, striping, signs - Traffic control devices - NOTE: Applicant shall follow all recommendations per the Washington County conditions letter dated April 20, 2015. NOTICE OF DECISION PAGE 36 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION • Peace Avenue, Hudson Avenue, Missouri Avenue, Danube Drive, Seine Drive, Rio Grande Terrace, and Thames Lane, local residential skinny streets shall be shown to have: - Right-of-way dedication of 50 feet from centerline - Pavement width of 28 feet curb to curb - Concrete curb or curb and gutter as needed - Sanitary sewer - Storm drainage - Underground utilities - 5-foot sidewalk with 5-foot planter strip - Street trees, lighting, striping, signs - Traffic control devices - Parking on both sides of the street • Colorado Street, a standard local street, per TDC Figure 18.810.4A, shall be shown to have: - Right-of-way dedication of 41 to 50 feet (variable) - Pavement width of 24 feet (3/4 street paved width) - Concrete curb or curb and gutter as needed - Sanitary sewer - Storm drainage - Underground utilities - 10-foot meandering hard surface trail on north side - Street trees, lighting, striping, signs - Traffic control devices - Parking on the north side of street - Future 54 foot ROW (total), additional 8 feet of paving, curb, 5’ planter, 5’ sidewalk, 0.5’ to ROW (this can be shown partially or wholly on adjacent property to south as future improvements) • Thames Court and Seine Court, private streets, shall be shown to have: - Tract width of 50 feet - Pavement width of 28 feet curb to curb - Concrete curb or curb and gutter as needed - Sanitary sewer - Storm drainage - Underground utilities - 5-foot sidewalk with 5-foot planter strip - Street trees, lighting, striping, signs - Traffic control devices - Parking on north side of street - NOTE: A pavement and rock section for the proposed private street(s) alleys shall meet the City’s public street standard for a local residential street. - NOTE: Street lights shall be metered separately from the public system. • Mississippi Court and Missouri Place, private streets, shall be shown to have: - Tract width of 36.5 feet - Pavement width of 28 feet curb to curb - Concrete curb or curb and gutter as needed - Sanitary sewer NOTICE OF DECISION PAGE 37 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION - Storm drainage - Underground utilities - 5-foot sidewalk on one side of the street - Street trees, lighting, striping, signs - Traffic control devices - Parking on one side of the street - NOTE: A pavement and rock section for the proposed private street(s) alleys shall meet the City’s public street standard for a local residential street. - NOTE: Street lights shall be metered separately from the public system. Prior to commencing site improvements, the Applicant’s construction drawings shall show that the pavement and rock section for the proposed private streets meet the City’s public street standard for a local residential street. Prior to commencing site improvements, the Applicant’s PFI plans shall show proposed county improvements required by a Washington County Facilities Permit. The Applicant shall comply with the recommended conditions by Washington County LUT, dated April 20, 2015. Prior to commencing site improvements, the Applicant shall incorporate the recommendations outlined in the Kittelson Traffic Impact Study, dated March 5, 2015, including, but not limited to installing half street improvements to SW 150th Avenue, providing intersection sight distance and improving sight distance along SW 150th Avenue. 18.810.040 Blocks A. Block design. 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. B. Sizes. 1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the centerline of the streets except: a. Where street location is precluded by natural topography, wetlands, significant habitat areas or bodies of water, or pre-existing development; or b. For blocks adjacent to arterial streets, limited access highways, collectors or railroads. c. For nonresidential blocks in which internal public circulation provides equivalent access. The proposed development is located within the River Terrace Plan District area, and is thus subject to the minimum block perimeter standard of 1,600 feet identified in section 18.660.080. As discussed in section 18.660.080 of this report, the length, width, and shape of blocks has been designed to provide adequate building sites for single-family residential dwellings and convenient access, circulation, and control and safety of street traffic. Existing site natural topography, existing natural resources, and the existence of an arterial and collector streets within the site were factors in the design of the proposed block layout. 2. Bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is exempted by paragraph 1 of this subsection B. 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. Bicycle/pedestrian connections are proposed out to SW 150th Avenue where full street connections cannot be made. A pedestrian connection through Tract H to the existing subdivision to the north was considered. The applicant approached the owner of lot 21 of the French Prairie Estates No. 2, which had previously been utilized for a CWS sanitary pump station. The current owner is not interested in the development of a trail through the property. Another pedestrian connection was considered connecting SW Thames Lane to SW Mississippi or SW NOTICE OF DECISION PAGE 38 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION Seine; however the steep grade differences, presence of shallow bedrock, and lot size averaging requirements prevent this connection. In order to meet pedestrian connection requirements the decision is conditioned to provide two additional pedestrian connections to future development to the west. The first is a pedestrian connection extending from SW Seine Court to the west and a second from SW Thames Lane west through the open space Tract H. The spacing between these connections will be close to 400 feet, which is necessary to accommodate environmental and topographical constraints. FINDING: Based on the analysis above, the proposed development meets, or has been conditioned to meet the applicable Block standards. CONDITION: Prior to any site work, the applicant shall submit revised plans that include a pedestrian connection from west end of SW Seine Court to the western property boundary and a nature trail through the proposed open space Tract H from the west end of SW Thames Lane to the west property boundary, and obtain a revised CWS service provider letter in support of the enhancements, if necessary. 18.810.060 Lots A. Size and shape. Lot size, width, shape and orientation shall be appropriate for the location of the development and for the type of use contemplated, and: 1. No lot shall contain part of an existing or proposed public right-of-way within its dimensions. 2. The depth of all lots shall not exceed 2-1/2 times the average width, unless the parcel is less than 1-1/2 times the minimum lot size of the applicable zoning district. The proposed lots do not contain any part of existing or proposed right of way. All lots meet the depth/width requirements. This standard is met. B. Lot frontage. Each lot shall abut upon a public or private street, other than an alley, for a width of at least 25 feet unless the lot is created through a minor land partition in which case 18.162.050.C applies, or unless the lot is for an attached single-family dwelling unit, in which case the lot frontage shall be at least 15 feet. All proposed lots have a minimum frontage of 25 feet onto a public or private street. This standard is met. C. Through lots. Through lots shall be avoided except where they are essential to provide separation of residential development from major traffic arterials or to overcome specific disadvantages of topography and orientation, and: 1. A planting buffer at least 10 feet wide is required abutting the arterial rights-of-way; and 2. All through lots shall provide the required front yard setback on each street. Lots 1-5, 57, and 77 are through lots and could not be avoided. Because the lots are not adjacent to an arterial, a buffer is not required. The applicant notes that both front and rear yard setbacks will be 20 feet as required. This standard is met. D. Lot side lines. The side lines of lots, as far as practicable, shall be at right angles to the street upon which the lots front. All lots, where practical, contain right angles to the street. This standard is met. FINDING: As shown in the analysis above, the on the lot standards are met. NOTICE OF DECISION PAGE 39 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION 18.810.070 Sidewalks A. Sidewalks. All industrial streets and private streets shall have sidewalks meeting city standards along at least one side of the street. All other streets shall have sidewalks meeting city standards along both sides of the street. A development may be approved if an adjoining street has sidewalks on the side adjoining the development, even if no sidewalk exists on the other side of the street. B. Requirement of developers. 2. If there is an existing sidewalk on the same side of the street as the development within 300 feet of a development site in either direction, the sidewalk shall be extended from the site to meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). The Applicant’s plans indicate they will be installing full sidewalk improvements with this development along both sides of the internal public streets with the exception of Colorado Street. Colorado Street will be constructed as a ¾ street improvement and have a hard surface trail/sidewalk along the north side. Sidewalks will also be constructed along the site frontage of SW 150th Avenue. The private streets will have sidewalk on at least one side of the street. This standard is met. FINDING: As shown in the analysis above, the sidewalk standards are met. 18.810.090 Sanitary Sewers A. Sewers required. Sanitary sewers shall 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. B. Sewer plan approval. The city engineer shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. C. Over-sizing. Proposed sewer systems shall include consideration of additional development within the area as projected by the comprehensive plan. The Applicant’s plans indicate the construction of a sewer main connected to an existing line in Woodhue Street and extended north in SW 150th Avenue. This development will be connected to an existing CWS pump station located on SW Beef Bend Road near SW 146th Avenue. The Applicant shall demonstrate that this CWS pump station has sufficient capacity for the development prior to PFI. The Applicant must connect to adequate and operational public sewer facilities prior to issuance of building permits. Final approval of design and downstream impacts will be completed during review of the Public Facility Improvement (PFI) permit. The imposed conditions of approval will ensure these requirements are fully met. FINDING: Based on the analysis above, the proposed development meets, or has been conditioned to meet the applicable Sanitary Sewer standards. CONDITION: Prior to commencing site improvements, the Applicant’s PFI plans shall show the proposed sanitary sewer main connecting to the existing line in Woodhue Street and extended north in SW 150th Avenue. 18.810.100 Storm Drainage A. General provisions. The director and city engineer shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and 3. Surface water drainage patterns shall be shown on every development proposal plan. NOTICE OF DECISION PAGE 40 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION The River Terrace Community Plan addresses stormwater management and the need to protect the quality of the community’s water supply, the built environment from flood damage during large storm events, and the health and function of stream corridors for habitat and recreation. A River Terrace Stormwater Master Plan was then developed to address the following goals: • Restore/enhance vegetated corridors • Protect water quality • Preserve existing hydrology • Promote safe and long-lasting stormwater facilities • Balance the use of regional and on-site stormwater management • Preserve existing mature vegetation • Maximize use of multi-benefit facilities to create community amenities • Promote partnership with other public service providers Stormwater management infrastructure is needed to protect the water quality of downstream natural resource areas, the downstream receiving waters from increased rates of erosion caused by additional water quantity, and the built environment from flood damage during large storm events. River Terrace Stormwater Master Plan has identified Strategy Areas A, B and C, with varying water quality and water quantity treatment tools. The proposed Polygon at Bull Mountain development is in Strategy Area C and flows to Tributary 9, as identified in the River Terrace Stormwater Master Plan. The recommended strategy for developments located in Area C is for street, site, and neighborhood scale low impact development approaches as shown in Table 2.1 of Section 2 the Stormwater Management Strategy of the River Terrace Stormwater Master Plan. C. Accommodation of upstream drainage. 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, and the city engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). There is an existing drainage course that enters the site at the northeast corner and flows south within open space towards Tributary 9. D. Effect on downstream drainage. 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments). The River Terrace Stormwater Master Plan identifies the area of the proposed development as a portion of Strategy Area C. The recommended strategy for Area C is low impact development approaches for water quality and downstream conveyance improvements for water quantity. A stormwater water quantity management strategy is required everywhere in River Terrace to mitigate for potential flooding and erosion impacts that would otherwise result from increases in stormwater runoff volume, rate and duration due to development in River Terrace. The City of Tigard has been working with Clean Water Services, OTAK and Clear Creek Solutions to develop a water quantity management tool, identified as TRUST. The design tool is a continuous flow-duration simulation model. The detention volumes were initially expected to be 25% larger than traditional design methods. Current modeling indicates that detention volumes will likely be another 2.0 – 2.5 times as large. The Applicant has a preliminary Water Quality & Detention Analysis, dated January 22, 2015. The proposed project is approximately 30 acres and will be developed to provide 82 single-family lots. The Applicant used the Hydroflow NOTICE OF DECISION PAGE 41 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION Hydrographs Modeling System 2004 software program by Intelisolve to determine the required detention volume for the pond and design the flow control structure. The Applicant will be required to resubmit calculations for the interim detention facility using the TRUST model to ensure the detention calculations are correct and the amount of area set aside for the pond within the development is adequate. The applicant has submitted a revised preliminary plat showing a larger detention facility in response to preliminary calculations using the TRUST model. These calculations and any subsequent revisions to site layout shall be submitted with the Applicant’s City of Tigard PFI Permit application. The Applicant’s interim detention facility and associated piping shall incorporate a design that will accommodate rerouting flow to the future high-flow bypass/stream restoration downstream, identified as tributary 9. Applicant shall provide an operations and maintenance plan for interim facility and future use of decommissioned facility. The Applicant shall enter in to a Development Agreement for their share of the future cost of construction of the downstream stormwater conveyance improvements. FINDING: Based on the analysis above, the proposed development meets, or has been conditioned to meet the applicable Storm Drainage standards. CONDITIONS: Prior to commencing site improvements, the Applicant shall provide verification from Clean Water Services (CWS) that the existing CWS pump station on Beef Bend Road, near 146th Avenue, has sufficient capacity for the development. Prior to commencing site improvements, the Applicant shall obtain a (CWS) Stormwater Connection Authorization. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. Prior to commencing site improvements, the Applicant’s design engineer shall submit documentation, for review and approval by CWS and for review by the City of the downstream capacity of any existing storm facility impacted by the proposed development. The design engineer must perform an analysis of the drainage system downstream of the development to a point in the drainage system where the proposed development site constitutes 10 percent or less of the total tributary drainage volume, but in no event less than 1/4 mile. Prior to commencing site improvements, the Applicant will be required to submit revised plans showing the interim detention facility and an operations and maintenance plan that ensure periodic maintenance of the facility. A decommissioning plan is required showing the future use of facility even if the facility is to remain as an alternate facility. Prior to commencing site improvements, the applicant’s plans shall demonstrate compliance with the proposed River Terrace stormwater management design standards per memo dated April 13, 2015. The Applicant shall submit an Interim Facility Operations and Decommissioning Plan. The decommissioning plan shall include an approved plan for the ultimate use(s) of the facility tract naming responsible parties to establish the approved future use(s) of the tract. Decommissioning shall also include connection to the permanent conveyance system by means of channel or pipe required for tributary 9 per Strategy Area C River Terrace Community Plan and the Public Improvement Design Standards for River Terrace. Prior to commencing site improvements, the Applicant shall submit design plans and calculations to show the water quality swale to be constructed within the interim facility will satisfy the requirements for the neighborhood scale low impact development (LIDA) approaches as shown in Table 2.1 of Section 2 the Stormwater Management Strategy of the River Terrace Stormwater Master Plan. Prior to commencing site improvements, the Applicant shall resubmit calculations for LIDA facilities and the detention facility using the TRUST model to meet the continuous flow duration requirements and ensure the amount of area set aside for the pond within the development is adequate. The calculations and any subsequent revisions to site layout shall be submitted with the Applicant’s City of Tigard PFI Permit application. NOTICE OF DECISION PAGE 42 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION 18.810.120 Utilities A. Underground utilities. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: 1. The developer shall make all necessary arrangements with the serving utility to provide the underground services; 2. The city reserves the right to approve location of all surface mounted facilities; 3. 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 4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. C. Exception to undergrounding requirement. 1. The developer shall pay a fee in-lieu of undergrounding 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 undergrounding 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 undergrounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. 2. 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 the fee in-lieu of undergrounding. The Applicant states that all utility lines will be placed underground in the proposed development. In addition, there are overhead utilities along the east side of SW 150th. Payment in-lieu of undergrounding is permitted. The estimated fee-in-lieu is $34,671.00. There is 990.6 feet of frontage along SW 150th, according to the plat submitted (990.6 feet x $35.00 per foot = $34,671.00). FINDING: Based on the analysis above, the proposed development meets, or has been conditioned to meet the applicable Utility standards. CONDITION: Prior to final plat approval, the Applicant shall pay a fee in lieu for undergrounding of existing overhead utility lines along the frontage of SW 150th Avenue. The fee shall be $34,671.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study Findings: Washington County Department of Land Use and Transportation (LUT) staff provided comments and conditions in a letter dated April 20, 2015. The decision letter covers the roadway sections and right of way dedication, the sight distance requirements, street lighting, and Facility Permit requirements for SW 150th Avenue and Bull Mountain Road. The Applicant shall comply with the recommended conditions by Washington County LUT, dated April 20, 2015. The Applicant submitted a Traffic Impact Study prepared by Kittelson & Associates, dated March 5, 2015. The analysis was done for the four proposed Polygon developments in River Terrace. The proposed Bull Mountain development, located on the west side of 150th Avenue opposite SW Hawks Ridge Road will provide 82 single family homes. Based on the analysis done by Kittelson the following is recommended: • SW 150th Avenue should be widened to provide half street improvements along the site frontage. • Intersection sight distance should be provided at all local street intersections created as part of the neighborhood. Landscaping, above ground utilities and signs should be located and maintained in a manner that NOTICE OF DECISION PAGE 43 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION preserves adequate intersection sight distance. Kittelson’s analysis concludes that the proposed neighborhood development can occur while maintaining acceptable traffic operations and safety at the study intersections. Public Water System: The City’s Water System Hydraulic Study has indicated that this site falls across both the 713 foot pressure zone and the 550-foot pressure zone. The Applicant states the entire site is within the 713 zone, however the southern portion of the project is located within the 550 zone. There is a pressure reducing valve that reduces the pressure from the 713 zone to the 550 zone that is located just north of Woodhue Street on SW 150th Avenue The Applicant shall connect to an existing 12 inch cross in the 550 zone at the intersection of SW Woodhue Street and SW 150th Avenue and reduce to a 16 inch line and extend it north to SW Colorado and continue west in SW Colorado Street to the west end of the street. The Applicant shall receive 100% SDC water credits for the portion of the 16 inch line from SW Woodhue Street to SW Colorado Street. The Applicant shall receive SDC water credits for the difference in upsizing between the 12 inch and 16 inch for the line segment in SW Colorado Street. The Applicant shall also connect to the existing 12 inch 713 zone pipe located in 150th Avenue just north of Woodhue Street and extend this line north to an existing 12 inch connection point just south of Sophia Lane. The Applicant will be required to provide written approval from Tualatin Valley Fire & Rescue for fire flow, hydrant placement and access prior to issuance of the City of Tigard’s site permit. 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. 07-20) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The River Terrace Stormwater Master Plan identifies the proposed development as being located in Strategy Area C. The plan recommends low impact development approaches for water quality. The Applicant has a preliminary Water Quality & Detention Analysis, dated January 22, 2015. The proposed project is approximately 30 acres and will be developed to provide 82 single-family lots. The Applicant has proposed a combined water quality and quantity facility. The applicant can meet the neighborhood scale LIDA standards with this facility. A memo dated April 13, 2015, regarding River Terrace Stormwater Management Standards Official Interim Guidance refers to proposed design standards for these facilities. The City and Clean Water Services are working to complete the Public Improvement Design Standards for stormwater management in River Terrace. The Applicant shall submit design plans and analysis for neighborhood scale low impact development approaches prior to issuance of site permits. 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. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to ensure that surface drainage is directed NOTICE OF DECISION PAGE 44 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The Applicant will also be required to provide a geotechnical report, per Appendix J of the Oregon Specialty Structural Code (OSSC), for the proposed grading slope construction. A Report of Geotechnical Engineering Services for Bull Mountain development was prepared by GeoDesign, dated March 6, 2015. Recommendations for site preparation, construction and inspection have been provided in the report. The recommendations in the March 6, 2015 report prepared by GeoDesign shall be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. The Applicant shall obtain a (CWS) Stormwater Connection Permit Authorization prior to issuance of the City of Tigard PFI permit. The site is over 5 acres in size, therefore an NPDES 1200-C permit is required. 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 approval of the final plat. For this project, the addressing fee will be $4,750.00 (82 lots + 13 tracts) x ($50/address) = $4,750.00). 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). Include Acrobat (***.pdf) file and one 11x17 copy of as-builts. The Developer’s Engineer (or “Engineer” in a CIP doc) shall provide the City of Tigard with coordinates on the Critical Assets shown on the table below. The coordinates should be based on NAD 83(91) State Plane Coordinates Zone 3601 Oregon North. An electronic copy of an Excel spreadsheet or database file shall be provided with the following fields: “Feature”; “Type”; “XCOORD”; “YCOORD”; “ZCOORD”. Example: “SSMH02”; “MH”; “7456892.234”; “6298769.879”; “192.45” “WV03”, “WV”, “7456956.654”, “6298723.587”, “214.05” B. 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. NOTICE OF DECISION PAGE 45 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION The applicant’s narrative includes an impact study which addresses impacts of the proposed development on public facilities and services. The proposed subdivision is for 82 lots, and includes traffic impacts to the city and county transportation system that will be offset with dedication of right of way, frontage improvements, and a public park. In addition, payment of the Washington County Transportation Development Tax, Tigard Transportation System Development Charges (SDC), and Parks SDC will be collected at the issuance of building permits. ROUGH PROPORTIONALITY ANALYSIS The Washington County Transportation Development Tax (TDT) is a mitigation measure required for new development and will be paid at the time of building permits. Based on Washington County implementation figures for 2014/2015, TDTs are expected to recapture approximately 28.0 percent of the traffic impact of new development on the Collector and Arterial Street system. In addition to the County TDT, the City of Tigard Transportation System Development Tax (TSDT) and the River Terrace Transportation System Development Tax (RTTSDT) will be applicable. Based on the proposed 82 single-family residential units and upon completion of this development, the future builders of the residences will be required to pay combined TDTs of approximately $658,952. Based on the estimate that total TDT fees cover 28.0 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this project’s traffic impact is $2,353,400 ($658,952 ÷ 0.28). The difference between the TDT paid and the full impact, is considered as unmitigated impact. Estimated Mitigation Value Assessment: Full Impact ........................................................................................................................ ($658,952/0.28) $2,353,400 Less TDT Assessment ...................................................................................................... - 658,952 Less estimated value of dedication and improvements of adjacent arterial -198,000 Estimate of unmitigated impacts $1,496,448 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 Assistant Engineer (Contact Kim McMillan, 503-718-2642) has reviewed the proposal and provided comments in a Memorandum dated May 18, 2015, which can be found in the land use file and as an attachment to this decision. The findings and conclusions in the Memorandum have been incorporated into this land use decision and are attached as Exhibit 3. The City Public Works Department (including utilities and parks employees) commented on plan elements such as missing details or planting changes for the proposed park (Tract D). Detailed construction documents will be submitted and reviewed for the Public Facility Improvement permit to address utility comments/concerns. Recommended planting and design of the public park will be negotiated outside the land use process between the applicant and the Parks Division. SECTION VIII. AGENCY COMMENTS Clean Water Services (CWS): (Amber Wierck, 503-681-3653) has reviewed this proposal and issued a Service Provider Letter dated November 6, 2014 for the proposed encroachment and enhancement of the vegetated corridors (CWS File No. 14-003031). Compliance with these conditions and CWS requirements will be ensured through inspection by Tigard Public Works staff. (Jackie Sue Humphreys, 503-681-3600) has reviewed this proposal and issued a letter dated April 8, 2015 stating that the subject site is currently outside the jurisdictional boundary of CWS, and that annexation must occur in order for public sanitary and storm sewer services to be provided. A condition approval of this staff report will ensure NOTICE OF DECISION PAGE 46 OF 47 SUB2015-00002 POLYGON AT BULL MOUNTAIN SUBDIVISION annexation occurs. The letter also states that a CWS Storm Water Connection Permit Authorization is required. This authorization will be coordinated as during the PFI permit review process. Washington County (Naomi Vogel, 503-846-7623) has reviewed the proposal and submitted a comment letter dated April 20, 2015 because SW 150th Avenue is a county facility. The findings and conditions of this letter are incorporated in this staff report and are attached as Exhibit 4. Tualatin Valley Fire and Rescue (John Wolfe, 503-259-1504) has reviewed the proposal and offered comments in an April 3, 2015 letter, which is attached as Exhibit 5. Comments were related to fire hydrant locations, parking on SW Mississippi, and residential fire sprinkler systems. These comments have been incorporated into the staff report and the applicant is conditioned to modify the design of SW Mississippi Court and Missouri Place to have 28 feet of pavement width as required by Tualatin Valley Fire and Rescue. Attachments: Exhibit 1 Vicinity Map Exhibit 2 Site Plan (Preliminary Plat) Exhibit 3 Kim McMillan, Memorandum dated June 2, 2015 Exhibit 4 Washington County Comment Letter dated April 20, 2015 Exhibit 5 Tualatin Valley Fire and Rescue Comment Letter dated April 3, 2015 Exhibit 6 Deferral Agreement 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 JUNE 25, 2015 AND EFFECTIVE ON JUNE 26, 2015 UNLESS AN APPEAL IS FILED. Appeal: The Director’s Decision is final on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (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. 1 6 1 S T AV E 1 5 3 R D AVE W O O D H U E S T B E E F B E N D R D 1 4 8 T H T E R H U N T W OOD C T B U R G U N D Y S T F I N I S L N 149T H TE R S O P H I ALN 1 5 0 T H AV E C H E S TER F I E L D LN1 4 6 T HAVE ENNACT 1 4 4 T H P L C O L O N YDR 1 5 2 N D PL 1 4 4 T H T E R JULI E T TER 1 4 7 T H P L R ASKTER AZALEAP L 147T H A V E 149TH P L R O S A R I O LN 1 4 5 TH T E R 1 48TH PLNEMA R N IK D R H A M PSHIR E TER D O ZIER WAY T E W K E S B U R Y D R 1 4 1 S TAV EHAW K RIDGE R D CHARDON N AY AV E 144T H AV E AY N S L EYWAY CA B E R N E T D R A P R I L LN MU L B E RRYDRTAY LOR LN R-7 R-4.5 R-7R-7 Z o n i n g M a p ÄI 0 990495Feet INFORMATION ON THIS MAP IS FOR GENERAL LOCATIONONLY AND SHOULD BE VERIFIED WITH THE DEVELOPMENTSERVICES DIVISION. DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARDMAKES NOT WARRANTY, REPRESENTATION, OR GUARANTEE AS TO THECONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF THEDATA PROVIDED HEREIN. THE CITY OF TIGARD SHALL ASSUME NOLIBABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THEINFORMATION PROVIDED REGAR D LESS OF HOW CAUSED. City of Tigard13125 SW Hall BlvdTigard, OR 97223503 639-4171www.tigard-or.gov COMMUNITY DEVELOPMENT DEPARTMENT Subject Site Map Printed: 03-Jun-15 Overlay ZonesHistoric District Over layPlanned Development Overlay Legend " A Place to Call Home" Zone D escription Residential Mixed Use R esidential Mixed Use C entral Business District Commercial Mixed Use Employment Industrial Parks and Recreation Washington C ounty Zoning G en e r a l i z ed Z o n i n g C at eg o r i e s 0.5' 15.0' 26.7' 11.0'14.0' 75 . 4 ' 379,000 SF 3 6,000 SF 12 6,000 SF 75 7,304 SF 10 6,460 SF 11 6,000 SF 18 6,000 SF 13 6,000 SF 17 6,000 SF 15 6,000 SF 16 6,000 SF 4 6,000 SF 64 6,120 SF 65 6,120 SF 66 6,630 SF 68 6,120 SF 70 6,630 SF 71 6,120 SF 72 6,120 SF 73 6,289 SF 63 6,073 SF 61 6,630 SF 2 6,000 SF 69 6,120 SF 67 6,120 SF TRACT A 137,747 SF 80 6,000 SF 79 6,500 SF 81 6,000 SF 76 9,675 SF 74 7,344 SF 78 6,000 SF 59 7,426 SF 60 6,630 SF 62 6,630 SF TRACT F 2,666 SF 14 6,000 SF 1 6,000 SF 3810,000 SF 47 6,005 SF 32 6,897 SF 48 6,007 SF 4010,000 SF 49 6,009 SF 4110,000 SF 50 7,133 SF 6 7,321 SF 7 6,822 SF 4310,000 SF 8 7,959 SF 369,000 SF 46 6,002 SF TRACT H14,454 SF 5 6,507 SF TRACT D 85,634 SF 59.7'22. 0 ' 51 . 0 ' 60 . 0 ' 60 . 0 ' 39 . 8 ' 9.9'9.9'48.5'100.0'100.0'100.0'100.0'100.0'100.0'55.4'54.8'6.6' 85 . 7 ' 40 . 9 ' 20.2 ' 43.3 ' 22 . 0 ' 1 0 2 . 6 ' 1 5 . 7 ' 42.9'134.2'70.0'60.0'47.0'28. 3 ' 95 . 7 ' 45 2 . 6 ' 37.0' 99 0 . 6 ' 50 . 0 ' 287.0'25. 8 ' 60 . 0 ' 22. 0 ' 60 . 0 ' 58 . 1 ' 58 . 1 ' 2 0 . 1 ' 17.6' 41.6' 73 . 5 ' 92 . 7 ' 22.2'55.5'60.0'60.0'65.0'60.0'60.0'60.0'65.0'60.0'60.0'46.0'22.0' 88 . 0 ' 65 . 0 ' 65 . 0 ' 65 . 0 ' 59 . 2 ' 22.0' 88.0'65.0'56.3' 3 2 . 1 ' 8 6 . 3 ' 22.0' 65.0 ' 35.8 ' 29.7' 68 . 1 ' 50.0 ' 39 . 1 ' 27 . 0 ' 65 . 0 ' 68 . 0 ' 135.9' 162.7' 40 . 0 ' 6 5 . 6 ' 60.1'60.0'60.0'65.0'60.0'65.0' 26 0 . 3 ' 94. 9 ' 45. 9 ' 94. 9 ' 37. 0 ' 93.1 ' 60.0' 137.0' 65.0'60.0'37.7' 176 . 4 ' 70.0' 100.0'140.4'90.0'14.4'100.0'90.0'100.0'90.0'100.0'100.0'100.0'100.0'100.0'100.0'100.0'100.0'100.0'100.0'9.9'100.0'179.0'124.0' 100.0' 36 . 3 ' 100.1' 60 . 0 ' 100.1' 60 . 0 ' 100.1' 60 . 0 ' 100.2' 60 . 0 ' 90 . 0 ' 10 9 . 0 ' 13 4 . 0 ' 10 9 . 0 ' 10 9 . 0 ' 10 9 . 0 ' 10 9 . 0 ' 10 9 . 0 ' 5 7 . 3 ' 1 1 1 . 1 ' 1 0 0 . 0 ' 1 0 0 . 0 ' 1 0 2 . 5 ' 9 9 . 5 ' 143.5' 83.5' 23.9'48.2' 10 0 . 0 ' 31.0'60.0' 65.0' 36 . 5 ' 60.0'60.0'65.0'37.9' 36 . 5 ' 87.1' 36 . 9 ' 10 0 . 7 ' 53.8' 10 2 . 0 ' 60.0'60.0'43.5' 10 2 . 0 ' 10 2 . 0 ' 10 2 . 0 ' 60.0' 10 2 . 0 ' 65.0' 60.0' 10 2 . 0 ' 60.0' 60.0' 10 2 . 0 ' 60.0' 65.0' 10 2 . 0 ' 60.0' 60.0' 10 2 . 0 ' 65.0' 60.0' 10 2 . 0 ' 60.0' 60.0' 10 2 . 0 ' 60.0' 102.0' 60.0' 102.0' 65 . 0 ' 65 . 0 ' 102.0' 65 . 0 ' 13 1 . 7 ' 102.0' 73 . 2 ' 60.0' 13 1 . 7 ' 10 0 . 0 ' 10 0 . 0 ' 10 0 . 0 ' 10 0 . 0 ' 10 0 . 0 ' 22.1' 14 1 . 5 ' 81 . 0 ' 100.0'100.0'99.4' 100.0' 100.0' 100.0' 100.0' 65 . 0 ' 100.0'100.0' 60 . 0 ' 100.0' 60 . 0 ' 100.0' 100.0' 100.0' 60 . 0 ' 100.0'100.0' 60 . 0 ' 27 6,500 SF 26 6,860 SF 25 10,541 SF 24 14,982 SF 23 9,243 SF 22 8,835 SF 21 8,114 SF 28 6,340 SF 90 . 0 ' 60 . 0 ' 43.7'10.0' 50 . 0 ' 3 2 . 1 ' 51.0 ' 65.0 ' 65.0 ' 25.9 ' 30.6' 17. 4 ' 39.1 ' 30.6' 65 . 0 ' 59 . 2 ' 88.0'65.0'56.3' 107. 2 ' 71.9 ' 71.9 ' 90.5 ' 55.5'60.0'60.0'65.0'60.0'60.0'60.0'65.0'60.0'60.0'46.0' 88 . 0 ' 65 . 0 ' 65 . 0 ' 37.9' 34 . 5 ' 21. 8 ' 57 9,217 SF 77 12,131 SF TRACT K 13,187 SF 82 8,190 SF 34.6'100.0'100.0'3513,332 SF3910,000 SF4210,000 SF 6.00' PUE, TYP 6.00' PUE, TYP 6.00'PUE, TYP 6.00'PUE, TYP 6.00' PUE, TYP 6.00' PUE, TYP 6.00' PUE, TYP 6.00' PUE, TYP 60 . 0 ' 77.5' 52 . 2 ' 60 . 0 ' 60 . 0 ' 8.00' PUE, TYP 8.00' PUE, TYP29 9,308 SF 30 7,541 SF (NEIGHBORHOOD PARK) (OPEN SPACE) (PRIVATE STREET ) (PRIVATE STREET) (P R I V A T E S T R E E T ) 50.0' 50.0' 50.0' 50.0' 50.00' 50.0' 50.0'50.0' 34 8,592 SF 33 6,000 SF 31 9,873 SF 52 6,540 SF 54 7,085 SF 53 6,540 SF 55 6,540 SF 56 7,043 SF 51 7,206 SF TRACT G7,091 SF TRACT J 1,635 SF (OPEN SPACE) (OPEN SPACE) SW 1 5 0 T H A V E ( C . R . N O . 3 7 8 ) SW COLORADO STREET SW DANUBE DRIVE SW P E A C E A V E N U E SW H U D S O N A V E N U E SW SW S E I N E D R I V E SW THAMES LANE SW R I O G R A N D E T E R R A C E SW MISSISSIPPI COURT SW THAMES COURT SW M I S S O U R I P L A C E 126.5' 10.9'31.9'39.8'46.7'23.2'49.5'45.9'457,360 SF 4411,326 SF 58 8,562 SF 69.2'29.1'65.5' 60 . 6 ' 55.8' 27 . 9 ' 10 0 . 0 ' 19.0'47.1'40.8'31.3'13.3' 65. 9 ' 1 4 8 . 0 ' 6.00' PUE, TYP 6.00' PUE, TYP 13 6 . 5 ' 13 6 . 5 ' 53. 7 ' 98.0' 135.9' 135.9' TRACT E 1,167 SF 6.00' PUE, TYP 6.00'PUE, TYP 6.00' PUE, TYP 6.00' PUE, TYP 6.00' PUE, TYP 13.00' SEWER EASEMENT TO UNIFIED SEWERAGE AGENCY 50.0' CONSTRUCTION, MAINTENANCE, AND OPERATION EASEMENT 37' DED.FROM CL 30.0' 37' DED. FROM CL TRACT B 79,448 SF (STORMWATER TREATMENT) TRACT M 8,136 SF TRACT L 1,756 SF 746.2' 15 . 3 ' 746.3' 6.5' VARIES VARIES VARIES TRACT I 3,727 SF 25 . 0 ' 19 6,462 SF 20 8,977 SF 50.0' 86.0'2 2 . 0 ' 51 . 0 ' 51 . 1 ' 22. 4 ' 6.4' 79.2' 60 . 0 ' 60 . 0 ' 60 . 0 ' 60 . 0 ' 60 . 0 ' 60 . 0 ' 100.0' 60 . 0 ' 100.0' 21. 4 ' 172.0' 2 2 . 0 ' 59 . 5 ' 0. 5 ' 60 . 0 ' 60 . 0 ' 60 . 0 ' 10 7 . 4 ' 13 3 . 0 ' 1 1 5 . 9 ' 7.5' 56 . 2 ' 60 . 0 ' 60 . 0 ' 48 . 2 ' AV E N U E MIS S O U R I TRACT C 49,325 SF 209.4'25 . 0 ' 11 1 . 2 ' 11 9 . 6 ' 60.1'60.0'60.0'65.0'60.0'65.0' 11 1 . 3 ' 15 0 . 6 ' 51.0'2 2 . 0 ' 95 . 0 ' 60.0'65.0'60.0' 15.0' 19.8' 64 . 0 ' 79.7'48.5' 40 . 9 ' 66. 1 ' 1 5 . 7 ' 13 6 . 4 ' 42.9'134.2'60.0'47.0' 28.8' 746.2' 543.5' 73. 5 ' 92 . 7 ' 46.0' 88 . 0 ' 65 . 0 ' 65 . 0 ' 65 . 0 ' 59 . 2 ' 88.0'65.0' 0.6' 21.6 ' 2 8 . 3 ' 68.0' 52 . 2 ' 60 . 0 ' 60 . 0 ' 60 . 0 ' 58 . 1 ' 3. 9 ' 150.7'118.6'59.6' 21. 4 ' 0. 6 ' 67 . 4 ' 65 . 0 ' 65 . 0 ' 10 9 . 1 ' 1 7 . 0 ' 29. 3 ' 1 1 8 . 1 ' 0 . 0 ' 3 2 . 1 ' 8 6 . 3 ' 51.0 ' 65.0 ' 30.6' 31 . 2 ' 15.0' 50.0' 25 . 0 ' VARIES N:\proj\395-031\09 Drawings\03 Planning\Sheets - Planning Submittal\395031.(5)PPLAT.dwg - SHEET: PPLAT May 27, 2015 - 1:23pm blake POLYGON NW COMPANYWWW.POLYGONHOMES.COM[T] (360) 695-7700 [F] 360-693-4442 ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 1 of 38 MEMORANDUM CITY OF TIGARD, OREGON DATE: 5/18/2015 TO: Cheryl Caines, Associate Planner FROM: Greg Berry, Project Engineer RE: SUB 2015-00002 Polygon at Bull Mountain 18.660 RIVER TERRACE PLAN DISTRICT Applicability (18.660.020) This chapter applies to all property that is located in the River Terrace Plan District. The boundaries of the plan district are shown on Map 18.660.A, which is located at the end of this chapter. The standards and requirements in this chapter apply in addition to, and not in lieu of, all other applicable provisions of the Tigard Community Development Code (TCDC). Compliance with all applicable standards and requirements must be demonstrated in order to obtain development approval. The standards and requirements in this chapter shall govern in the event of a conflict (Ord. 15- 03 §§1,2). The Applicant has acknowledged this is area is within the River Terrace Plan District. Intent (Section 18.660.030.A) The intent of this section is to address the provision of the infrastructure systems necessary to benefit and serve all property in River Terrace as provided for in the River Terrace Community Plan, River Terrace Funding Strategy, and related infrastructure master plans, in light of the desire of property owners to commence preliminary development prior to full implementation of these plans and with the understanding that no development rights vest and no development approvals can be granted until the infrastructure systems are in place or assured. Approval Standards (Section 18.660.030.B) Land use applications for subdivisions, partitions, planned developments, site development reviews, and conditional uses may be approved when the applicable standards in subsection 18.660.030.E are met by the Applicant and when all of the following funding components of the River Terrace Funding Strategy have been adopted by the city and are in effect: ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 2 of 38 1. Transportation. A citywide transportation system development charge (SDC), a River Terrace transportation SDC, and a River Terrace transportation utility fee surcharge. 2. Sewer. A citywide utility fee surcharge. 3. Stormwater. A River Terrace stormwater utility fee surcharge. The Applicant states the development is outside the 550 zone and references sub-paragraph 2, additional standards, however, the Applicant may be referring to sub-paragraph 3, referencing development in the 550 zone. The Applicant is requesting deferral of the requirement to demonstrate compliance with the transportation, sewer and stormwater approval standards of this section. Deferral of Compliance (Section 18.660.030.C) 1. The Applicant may request to defer demonstrating compliance with one or more of the standards in subsections B and E of this section as provided for below: a. Preliminary Plat. Deferral of compliance to final plat approval. b. Planned Development Concept Plan (Without a Land Division Proposal). Deferral of compliance to detailed development plan approval. c. All Other Development Applications. A condition of development approval requiring demonstration of compliance no later than 180 days after approval or prior to submission of applications for building or public facility improvement permits, whichever occurs first. 2. Deferral of compliance as provided for in paragraph 1 of this subsection C shall be granted only if: a. The Applicant demonstrates that the approval standard will likely be met prior to filing an application for final plat or detailed development plan approval, or prior to expiration of the condition of approval described in subparagraph 1.c of this subsection C. A determination by the approval authority that it is likely that the standard will be met shall be for the purposes of deferral only and in no way constitutes an assurance, guarantee, or other representation that may in any way be relied upon by the Applicant; and b. The Applicant executes a written agreement prepared by the city acknowledging that the Applicant has determined that deferral is to its benefit and that any and all actions taken pursuant to or in furtherance of the approval are at the Applicant’s sole and exclusive risk. The acknowledgement shall waive, hold harmless and release the city, its officers, employees and agents for any and all claims for damages, including attorney fees, in any way arising from a denial for failure to demonstrate compliance with the standards in subsection B of this section, without regard to ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 3 of 38 fault. Nothing in this section shall preclude the Applicant from seeking review of any land use decision in accordance with ORS Chapters 197, 215, 227, or equitable relief in a court of competent jurisdiction. The Applicant is requesting deferral of the requirement to demonstrate compliance with the storm water approval standards of this section. Exception (Section 18.660.030.D). 1. An exception to one or more of the standards in subsection B of this section may be obtained through a Type II procedure as governed by Section 18.390.040. 2. An exception shall be granted only if the Applicant: a. Demonstrates that the exception will not materially impact implementation of the River Terrace Sanitary Sewer Master Plan Addendum, River Terrace Water System Master Plan Addendum, River Terrace Stormwater Master Plan, River Terrace Transportation System Plan Addendum, and River Terrace Funding Strategy; and b. Has proposed alternative(s) that ensures that the Applicant will provide its proportional share of the funding and construction of the facilities in a timely manner as identified in the River Terrace Funding Strategy and related infrastructure master plans. This may include, but is not limited to, a development agreement or reimbursement district; and c. Agrees to disclose in writing to each purchaser of property for which a building permit has been obtained that the property may be subject to future utility fees or SDCs as described in the River Terrace Funding Strategy; and d. Executes an agreement prepared by the city agreeing that, if the new transportation SDCs described in paragraph B.1 of this section is not in effect at the time of building permit issuance, the Applicant shall pay an amount equal to the SDC amount assumed in the River Terrace Funding Strategy. No credits shall be issued against this payment, but the city shall issue a refund if: i. The Applicant made improvements to a facility that is eligible for credit under an adopted SDC credit, up to the amount of the credit, or ii. An SDC is adopted and paid by the Applicant or its successor, up to the amount of such payment, or iii. The city has not adopted the SDCs within two years of the effective date of this ordinance. 3. An exception shall be granted only if the city finds that: a. There are adequate funding components in place for the infrastructure that is needed to serve the proposed development; and ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 4 of 38 b. The exception will not materially impact implementation of the River Terrace Sanitary Sewer Master Plan Addendum, River Terrace Water System Master Plan Addendum, River Terrace Stormwater Master Plan, River Terrace Transportation System Plan Addendum, and River Terrace Funding Strategy; and c. The proposed alternative(s) ensures that the Applicant will provide its proportional share of the funding and construction of the facilities in a timely manner as identified in the River Terrace Funding Strategy and related infrastructure master plans. The Applicant is not requesting an exception to the standards in Sub section B, therefore this section does not apply. Additional Standards. (Section 18.660.030.E). Section 18.660.030.E states that: 1. Infrastructure improvements for water, sewer, stormwater, and transportation systems, including but not limited to pump stations and trunk lines, shall be located and designed to serve the proposed development and not unduly or unnecessarily restrict the ability of any other property to develop in accordance with the applicable River Terrace Infrastructure Master Plan. Infrastructure improvements shall be evaluated for conformance with this standard during the land use review process. The city shall take into account the topography, size, and shape of the development site; the impact of the improvement on the development site; and, the reasonableness of available options during its review. The Applicant shall not be required to reduce otherwise permitted density or obtain a variance to demonstrate compliance, but this standard may be considered in reviewing a variance application. The Applicant’s plans do not restrict the ability of any other property to develop in accordance with the applicable River Terrace Infrastructure Master Plan (RTIMP). 2. Infrastructure improvements for water, sewer, and stormwater shall be placed in easements that are located, wherever possible, within existing or future rights-of-way. Easements and rights-of way shall extend through and to the edge of the development site at such locations that would maximize the function and availability of the easement and right-of-way to serve adjacent and surrounding properties. Easements and rights-of-way shall be evaluated for conformance with this standard during the land use review process. Dedications of easements and rights-of-way shall be required as a condition of land use approval, except where the approval is for a future phase of a planned development or land division approval. ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 5 of 38 The Applicant’s plans indicate the infrastructure improvements will be located in rights-of-way or easements, as defined above. This standard is met. 3. Development in water pressure zone 550 shall either provide or demonstrate that there is sufficient water capacity in water pressure zone 550 to serve the proposed development, or that it can be served by another water pressure zone that has sufficient capacity, to the satisfaction of the city engineer and Tualatin Valley Fire and Rescue during the land use review process. The Applicant states the entire site falls within the 713 zone, however the city’s Water System Hydraulic Study has indicated that this site falls across both the 713 foot pressure zone and the 550-foot pressure zone. It should be noted that there is a pressure reducing valve reducing 713 zone to 550 zone located just north of Woodhue Street on SW 150th Avenue. The Applicant will need to provide a 550 zone pipeline for the southern portion of the subdivision. 4. Development in the north and south sewer sub-basins shall demonstrate, where applicable, that there is sufficient pump station capacity and associated force mains to serve the proposed development, or that it can be served by other system improvements, to the satisfaction of the city engineer and Clean Water Services during the land use review process. The Applicant’s plans indicate the construction of a sewer main connected to an existing line in Woodhue and extended north in SW 150th Avenue. This development drains to an existing CWS pump station located on SW Beef Bend Road near SW 146th Avenue. The Applicant shall demonstrate that this CWS pump station has sufficient capacity for the development. The Applicant must connect to adequate and operational public sewer facilities prior to issuance of building permits. 5. If compliance with stormwater management standards is dependent upon an off-site conveyance system or an on- or off-site regional facility that has not yet been provided, the Applicant may propose alternative and/or interim systems and facilities as described in the River Terrace Stormwater Master Plan. a. Development approval for an interim facility shall include a condition to decommission the interim facility, connect it to the permanent facility when it becomes available to serve the development, and assurance that adequate financial resources are available to decommission the interim facility when the permanent facility becomes available. ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 6 of 38 b. Development approval for an alternative or on- or off-site regional system or facility may include a condition to form a reimbursement district. c. No stormwater management system or facility shall be approved if it would prevent or significantly impact the ability of other properties to implement and comply with the River Terrace Stormwater Master Plan or other applicable standards The Applicant states they are not proposing an interim stormwater management facility. They also state that the proposed development is located and designed so as not to unduly or unnecessarily restrict the ability of any other property to provide or access a public easement or facility required for the property to develop in accordance with this code. The Applicant is not requesting a variance that would necessitate a consideration of this standard. The proposed development is located within Strategy Area C, which recommends street, site and neighborhood scale Low Impact Development (LIDA) development approaches for water quality and downstream conveyance improvements (high-flow bypass/stream restoration) for water quantity. The applicant has proposed an on-site stormwater management facility for water quality and quantity. This facility can meet the recommended strategy for neighborhood LIDA treatment.. Strategy Area C recommends downstream improvements to the Tualatin River. The construction of an on-site, interim stormwater management facility does not relieve the applicant of the financial obligation to participate in the permanent regional infrastructure adopted in the River Terrace Stormwater Master Plan for Strategy Area C. Funding options shall follow the scenarios proposed in Section D of the River Terrace Funding Strategy report dated December 2014. The storm water analysis provided does not comply with the Tualatin River Urban Stormwater Tool (TRUST) model for continuous flow simulation developed by CWS and the City of Tigard. A memo dated April 13, 2015, regarding proposed River Terrace Stormwater Management Standards Official Interim Guidance refers to proposed design standards for these interim/temporary facilities. The City and Clean Water Services are working to complete the Public Improvement Design Standards for Stormwater Management in River Terrace. The Applicant will be required to submit revised plans using the TRUST model showing the interim detention facility and an operations and maintenance plan that ensures periodic maintenance of the facility The Applicant will be required to resubmit water quantity analysis that supports the revised stormwater pond layout as shown on the preliminary plat using the TRUST model. ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 7 of 38 The Applicant shall submit an Interim Facility Operations and Decommissioning Plan. The decommissioning plan shall include an approved plan for the ultimate use(s) of the facility tract naming responsible parties to establish the approved future use(s) of the tract. Decommissioning shall also include connection to the permanent conveyance system by means of channel or pipe required for tributary 9 per Strategy Area C River Terrace Community Plan and the Public Improvement Design Standards for River Terrace. The decommissioning plan can also be confirmation that the facility is an alternate facility to remain as designed and constructed. Applicant shall be required to assure adequate financial resources are available for decommissioning the interim facility when permanent facility becomes available and shall include as part of the submittal, all supporting legal documents, including a declaration of covenant running with the land, if applicable, and the appropriate deeds and easements. Applicant shall participate in the financing of the permanent regional infrastructure adopted in the River Terrace Stormwater Master Plan for Strategy Area C by means of the scenarios proposed in Section D of the River Terrace Funding Strategy report dated December 2014. Other Provision. (Section 18.660.030.F) Section 18.660.030.F states that 1. Unless expressly authorized in a development approval, no person shall impose a private fee or any charge whatsoever that prohibits, restricts, or impairs adjacent or surrounding properties from accessing a public easement, facility, or service. 2. For purposes of this section, an ordinance or resolution adopting an SDC, utility fee, or other charge to fund public facilities and/or services described in this section shall be deemed effective if it has taken effect and the time for any legal challenge has expired or any legal challenge has been finally decided. (Ord. 15-03 §§1, 2) The Applicant does not intend to impose a private fee or any charge whatsoever that prohibits, restricts, or impairs an adjoining property from accessing a public easement, facility, or service or denies access to such public easement, facility, or service. The Applicant understands that an ordinance or resolution adopting an SDC, utility fee, or other charge to finance public facilities and services described in this section shall be deemed effective if it has taken effect and the time for any legal challenge has expired or any legal challenge has been finally decided. Condition is met. Street Design – River Terrace Boulevard (Section 18.660.080.A) Section 18.660.080.A. States the following street design standards apply to River Terrace Boulevard as shown in Figure 18.660.7 below. The general ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 8 of 38 location of River Terrace Boulevard is shown on Map18.660.B, which is located at the end of this chapter. 1. Design Standards for River Terrace Boulevard. Right-of-way width shall be 110 feet, plus additional right-of-way as needed for slopes, retaining walls, etc. Right-of-way and improvement widths may be reduced to lessen impacts on protected natural resource areas. Right- of-way and improvement widths may also be reduced where the city determines that on-street parking adjacent to the trail corridor is not feasible or necessary or where a reduction is otherwise in the public interest as described in the River Terrace Community Plan, River Terrace Transportation System Plan Addendum, or River Terrace Park System Master Plan Addendum. Given the unique nature of this street, the public works director, in consultation with the community development director, shall determine the final alignment, right-of- way width, and improvement widths using the following standards as guidelines unless the Applicant requests a formal adjustment through a Type II procedure, as governed by Section 18.390.040 and using approval criteria from paragraph 18.370.020.C.9. All landscaped areas shall meet the Public Improvement Design Standards for River Terrace Boulevard. a. Sidewalks. i. With or without on-street parking, and not adjacent to trail corridor: six-foot minimum width. ii. With on-street parking, and adjacent to trail corridor: five and one-half-foot minimum width (includes one-half-foot curb). iii. Without on-street parking, and adjacent to trail corridor: no sidewalk required. b. Landscape Strips. i. With or without on-street parking, and not adjacent to trail corridor: eight and one-half foot minimum width (includes one- half-foot curb). ii. With on-street parking, and adjacent to trail corridor: no landscape strip required. iii. Without on-street parking, and adjacent to trail corridor: eight and one-half-foot minimum width (includes one-half-foot curb) between travel lane and trail. This width may also be used to meet the trail corridor landscaping requirement in subparagraph f.ii of this paragraph 1. c. Bike Facilities. Accommodated within trail corridor described in subparagraph f of this paragraph 1. d. On-Street Parking. Eight-foot minimum width where provided, interspersed with six-foot minimum width landscape strip extensions. e. Travel Lanes. i. Through lanes: one 11-foot travel lane in each direction. ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 9 of 38 ii. Median: fourteen feet between travel lanes to be used for landscaping, pedestrian crossing refuge, or left-turn lane (includes two-foot clearance from travel lanes and one half- foot curb on both sides) iii. Left-turn lane: eleven-foot minimum width where left turns are allowed, as determined by the city engineer. f. Trail Corridor. Thirty-eight feet minimum width on one side of the street. i. Trail: twelve feet minimum width of paving. ii. Trail corridor landscaping: twenty-six feet minimum width of landscaping unequally distributed on both sides of the trail to facilitate trail curvature. This width may be reduced if adjacent to a public park or other open space easement or tract and may be used for stormwater management purposes with the approval of the city engineer. g. Required Street Lighting. Intersection safety lighting and basic street lighting per Public Improvement Design Standards. h. Vehicle Access. See paragraph 18.660.060.B.4. No portion of River Terrace Boulevard is within the development. This section does not apply. Street Design – Commercial (Section 18.660.080.B) Section 18660.080.B states that the following street design standards apply to the commercial collector as shown in Figure 18.660.8 below. These standards apply to the collector street located in the community commercial zone as shown on the city’s zoning map. The general location of the commercial collector is shown on Map 18.660.B, which is located at the end of this chapter. 1. Design Standards for Commercial Collector. Right-of-way width shall be 78 feet, plus additional right-of-way as needed for slopes, retaining walls, etc. Right-of-way and improvement widths may be reduced to lessen impacts on protected natural resource areas. Right-of-way and improvement widths may also be reduced where the city determines that a reduction is in the public interest as described in the River Terrace Community Plan, River Terrace Transportation System Plan Addendum, or River Terrace Park System Master Plan Addendum. The city engineer shall determine the final alignment, right-of-way width, and improvement widths using the following standards as guidelines unless the Applicant requests a formal adjustment through a Type II procedure, as governed by Section 18.390.040 and using approval criteria from paragraph 18.370.020.C.9. a. Sidewalks. Eight-foot minimum width on both sides of the street. b. Landscape Strips/Furnishing Zones/Tree Wells. Five and one-half- foot minimum width on both sides of the street (includes one-half- foot curb). ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 10 of 38 c. Bike Facilities. Six-foot minimum width bike lanes on both sides of the street. d. On-Street Parking. Eight-foot minimum width on both sides of the street. e. Travel Lanes. i. Through lanes: one 11-foot lane in each direction. ii. Left-turn lane: eleven-foot minimum width where left turns are allowed, as determined by the city engineer. f. Required Street Lighting. Intersection safety lighting, basic street lighting, and pedestrian scale lighting. g. Pedestrian Street Crossings. Curb extensions shall be provided at all pedestrian street crossings (midblock or at intersections) unless the city engineer finds it is in the public interest not to require curb extensions (e.g., to facilitate truck turning movements). The proposed development is not within the Community Commercial Zone. Therefore, this section does not apply. Street Design – Arterial Streets (Section 18.660.080.C) Section18.660.080.C states that the following street design standards apply to the arterial streets in the River Terrace Plan District as shown on Map 18.660.B, which is located at the end of this chapter. The project does not include an arterial street. This section does not apply. Street Design – Public Skinny Streets and Private Streets (Section 18.660.080.D) Section 18.660.080.D states that development sites that have public street frontage on an arterial street upon which they cannot take vehicle access shall take access from a private street that meets city standards or from another public street that, at a minimum, meets the skinny street option as shown in Figure 18.810.6.B. Private street standards are established by the city engineer pursuant to subsection 18.810.030.T. 1. The skinny street option in Figure 18.810.6.B may be used: a. Regardless of the expected number of vehicles per day; and b. When the Applicant can demonstrate that the development fronting the proposed skinny street meets the on-street parking standards in Section 18.660.100; and c. When the proposed skinny street is located in a planned development. 2. A private street option may be used: a. When the Applicant can demonstrate that a public street option is not appropriate for the development being proposed and/or is not practicable due to topography or other natural constraints associated with the specific development site; and ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 11 of 38 b. When the Applicant can demonstrate that the proposed private street design provides safe and convenient vehicle and pedestrian connections to the public street network; and c. When the Applicant can demonstrate that the development fronting the proposed private street meets the on-street parking standards in Section 18.660.100; and d. When the proposed private street is located in a planned development; and e. When the proposed private street will be managed by a homeowner association into perpetuity. For each private street there shall be a legal recorded document that includes the following at a minimum: i. A legal description, and ii. Ownership, and iii. Use rights, including responsibility for enforcement, and iv. A maintenance agreement, including an allocation or method of determining liability for a failure to maintain. 3. Private streets that are proposed in locations other than those described in paragraph 2 of this subsection D shall meet all of the standards in subsection 18.810.030.T. 4. Adjustments to any of these standards shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria from paragraph 18.370.020.C.9. The proposed development includes public skinny streets and private streets. Public skinny streets will comply with 18.810.030. Street Design – Private Alleys (Section 18.660.080.E) Section 18.660.080.E. States that development sites that have public street frontage on a local street, neighborhood route, or collector street may choose to provide vehicle access through a private alley provided that the alley meets all of the standards below and in subsection 18.810.030.R. Adjustments to any of these standards shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria from paragraph 18.370.020.C.9. 1. The proposed alley is located in a tract for private access purposes; and 2. The proposed alley is managed by a homeowner association into perpetuity. For each alley there shall be a legal recorded document that includes the following at a minimum: a. A legal description; and b. Ownership; and c. Use rights, including responsibility for enforcement; and d. A maintenance agreement, including an allocation or method of determining liability for a failure to maintain. (Ord. 15-03 §§1, 2) The Applicant has not proposed alleys. This section does not apply. ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 12 of 38 Street Connectivity – Street Alignment and Connections (Section 18.660.090.A) Section 18.660.090.A states that in addition to the exceptions already allowed in subsection 18.810.030.H, the following exceptions shall also apply to development in River Terrace. 1. For development sites located on the side of the River Terrace Boulevard right-of-way with the trail corridor, an additional exception to the street spacing requirement is allowed and encouraged to minimize the number of trail crossings, provided that there are bicycle and pedestrian connections in public easements or rights-of- way a minimum of every 330 feet. 2. For public or private school sites, an additional exception to the street spacing requirement is allowed, provided that there is adequate internal circulation for pedestrians, cyclists, and vehicles within and through the site and a sufficient number and distribution of public access points from the site to public streets, sidewalks, and trails as determined by the approval authority. Street Connectivity – Block Perimeter (Section 18.660.090.B) This section states that the perimeter of blocks formed by streets shall not exceed a total of 1,600 feet measured along the centerline of the streets except where street location is precluded by natural topography, wetlands, significant habitat areas, bodies of water, pre-existing development, or an arterial or collector street along which the city has identified a need to minimize the number of intersections. (Ord. 15-03 §§1, 2) The perimeter of the block bounded by Thames Lane, Seine Drive, and Rio Grande Terrace measures approximately 1,800 feet. This slightly exceeds the 1600 foot block length. No connections are possible due to topography, existing development, and resources, therefore this criterion is met. Access Management (Section 18.705.030.H) 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 (depending on jurisdiction of facility). Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from city engineer review of a traffic impact report submitted by the Applicant’s traffic engineer. In a case where a project has less than 150 feet of street frontage, the Applicant must explore ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 13 of 38 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. Section 18.705.030.H.3 states 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. Section 18.705.030.H.4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The Applicant has addressed site distance in a report dated, February 25, 2015. There are two access points for the subdivision onto SW 150th Avenue. Construction of 150th Avenue is proposed to provide adequate sight distance from the Colorado Street intersection. The Applicant has submitted a Traffic Impact Study prepared by Kittelson & Associates, dated March 5, 2015. The analysis was done for the four proposed Polygon developments in River Terrace. The proposed Bull Mountain development, located on the west side of 150th Avenue opposite SW Hawks Ridge Road will provide 83 single family homes. Based on the analysis done by Kittelson the following is recommended: • SW 150th Avenue should be widened to provide half street improvements along the site frontage. • Intersection sight distance should be provided at all local street intersections created as part of the neighborhood. Landscaping, above ground utilities and signs should be located and maintained in a manner that preserves adequate intersection sight distance. Kittelson’s analysis concludes that the proposed neighborhood development can occur while maintaining acceptable traffic operations and safety at the study intersections. There are no driveways placed directly on the arterial or collector streets. There are some driveways that will be within less than 150 feet from 150th Avenue, a collector street. The individual lots have less than 150 feet of street frontage. The driveways shall be placed as far as possible from the intersections with 150th Avenue. The two intersecting streets proposed along 150th Avenue, a collector, meet the minimum spacing standard of 200 feet. The local streets in the development meet the minimum spacing standard of 125 feet. Washington County has submitted required conditions in a letter dated April 20, 2015 requiring construction of a westbound left turn lane on Bull Mountain Road at the intersection of 150th Avenue. The Applicant shall incorporate all of Kittelson’s recommendations and Washington County’s conditions into their Washington County Facilities ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 14 of 38 Permit application and City of Tigard PFI permit application for review and approval. Street And Utility Improvements Standards (Chapter 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 18.810.030). Section 18.810.030.E states that unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street or within the downtown district, street right-of-way and roadway widths shall not be less than the minimum width described below. Where a range is indicated, the width shall be determined by the decision-making authority based upon anticipated average daily traffic (ADT) on the new street segment. (The city council may adopt by resolution, design standards for street construction and other public improvements. The design standards will provide guidance for determining improvement requirements within the specified ranges.) These are presented in Table 18.810.1. The site is adjacent to 150th Avenue, a Washington County collector. Washington County has submitted conditions dated April 20, 2015 which requires improvements including a 37-foot half street right-of-way section, with a 6-inch curb, 5 foot planter strip, 6 foot sidewalk and 6-inches to right of way line. The Applicant has submitted revised plans showing the required improvements. The Applicant requests use of the residential local skinny street option for Rio Grande Terrace, Missouri Avenue, Thames Lane, Hudson Avenue, Peace Avenue, Seine Drive, Colorado Street and Danube Drive. The Applicant provided an analysis of the future street plan than anticipates less than 1000 vpd on the local skinny streets. The Applicant proposes the skinny street option that provides a 50 foot ROW and 28 foot paved section, in accordance with 18.810.4.B, for streets with less than 1000 vehicle trips per day (vpd). The applicant will not be allowed to construct Colorado Street as a skinny street. They shall construct ¾ of a standard local street, which ultimately will have 54-feet right-of-way and 32 feet of pavement curb to curb. The applicant shall construct 24 feet of pavement, curb and trail along the north side. The remainder of 8 feet pavement, curb, planter and sidewalk ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 15 of 38 will be constructed with future development along the south properties. The applicant shall revise detail A1 on their Preliminary Circulation Plan, Sheet 8 to reflect the standard local street detail, Figure 18.810.4A. Private streets will be maintained by the developer through the formation of an HOA or other approvable agreement. Future Street Plan and Extension of Streets Section 18.810.030.F: 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. The Applicant has provided a Future Street Plan and profile showing the extension of Colorado Street and planned future streets adjacent to and around the development. This criterion is met. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-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. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 16 of 38 a street connection is not possible. The Applicant must show why the constraint precludes some reasonable street connection. The proposed street plans in the development meet the spacing standard of no more than 530 feet between connections, except along Thames Lane and 150th Avenue. Applicant has shown that the constraints preclude additional street connections. Two trail connections to 150th Avenue are provided. This criterion for connection and through circulation is met. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. The Applicant states that there are no slopes in excess of 12% on the site or on SW 150th Avenue, a collector. Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a development abuts or is traversed by an existing or proposed arterial or major collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: • A parallel access street along the arterial or major collector; • Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; • Screen planting at the rear or side property line to be contained in a non-access reservation along the arterial or major collector; or • Other treatment suitable to meet the objectives of this subsection; • If a lot has access to two streets with different classifications, primary access should be from the lower classification street. The site is adjacent to SW 150th Avenue, a county collector. The Applicant has provided a circulation plan that shows all lot access will be from the residential local streets. This criterion is met. Alleys, public or private: Section 18.810.030.R states that alleys shall be no less than 20 feet in width. In commercial and industrial districts, alleys shall be provided ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 17 of 38 unless other permanent provisions for access to off-street parking and loading facilities are made. While alley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley intersections shall have a radius of not less than 12 feet. No alleys are proposed. This section does not apply. Private Streets: Section 18.810.030.T states that design standards for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. The Applicant has proposed four (4) private streets. Two private streets, Thames Court and Seine Court, have a tract width of 50 feet and a paved width of 28 feet with sidewalks and planter strips on both sides. The remaining two private streets, Mississippi Court and Missouri Place, have a paved width of 24 feet with sidewalks and planter strips on one side. The configuration of these two streets does not meet TVFR standards. The plans shall be revised to provide 28 feet of pavement in order to provide for parking on one side. The planter strip can be eliminated. Conversely, the applicant can keep the planter strip and eliminate the parking. The development plans show private streets in tracts. The proposed private streets serve less than six dwelling units. The private streets shall be managed and maintained by a homeowners association (HOA) or other approvable agreement in perpetuity. Private street lights shall be metered separately from the public system. The Applicant shall place a statement on the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by them. In addition, the Applicant shall record Conditions, Covenants and Restrictions (CC&R’s) along with the final plat that will clarify how the private property owners are to maintain the private streets, pathways and open space tracts. These CC&R’s shall be reviewed and approved by the City prior to approval of the final plat. The City’s public improvement design standards require private streets to have a pavement section equal to a public local street. The Applicant shall provide a pavement section for the private streets equal to a public local street. Block Designs: ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 18 of 38 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. The perimeter of the block bounded by Thames Lane, Seine Drive, and Rio Grande Terrace measures approximately 1,800 feet meeting this standard. However, the River Terrace Standard is 1600 feet. This block length slightly exceeds the 1600 foot block length. No connections are possible due to topography, existing development, and resources, therefore this criterion is met. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. PLANNING 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. PLANNING 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. PLANNINGSidewalks: 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. Private streets and industrial streets shall have sidewalks on at least one side. ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 19 of 38 The Applicant’s plans indicate they will be installing full sidewalk improvements with this development along both sides of the internal public streets with the exception of Colorado Street. Colorado Street will be constructed as a ¾ street improvement and have a hard surface trail/sidewalk along the north side. Sidewalks will also be constructed along the site frontage of SW 150th Avenue. The private streets will have sidewalk on at least one side of the street. This criterion is met. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.C states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. The Applicant’s plans indicate the construction of a sewer main connected to an existing line in Woodhue Street and extended north in SW 150th Avenue. This development will be connected to an existing CWS pump station located on SW Beef Bend Road near SW 146th Avenue. The Applicant shall demonstrate that this CWS pump station has sufficient capacity for the development prior to PFI. The Applicant must connect to adequate and operational public sewer facilities prior to issuance of building permits. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. The River Terrace Community Plan addresses stormwater management and the need to protect the quality of the community’s water supply, the built environment from flood damage during large storm events, and the health and function of stream corridors for habitat and recreation. A River Terrace Stormwater Master Plan was developed to address the following goals: • Restore/enhance vegetated corridors • Protect water quality • Preserve existing hydrology • Promote safe and long-lasting stormwater facilities • Balance the use of regional and on-site stormwater management ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 20 of 38 • Preserve existing mature vegetation • Maximize use of multi-benefit facilities to create community amenities • Promote partnership with other public service providers Stormwater management infrastructure is needed to protect the water quality of downstream natural resource areas, the downstream receiving waters from increased rates of erosion caused by additional water quantity, and the built environment from flood damage during large storm events. River Terrace Stormwater Master Plan has identified Strategy Areas A, B and C, with varying water quality and water quantity treatment tools. The proposed Polygon at Bull Mountain development is in Strategy Area C and flows to Tributary 9, as identified in the River Terrace Stormwater Master Plan. The recommended strategy for developments located in Area C street, site, and neighborhood scale low impact development approaches as shown in Table 2.1 of Section 2 the Stormwater Management Strategy of the River Terrace Stormwater Master Plan. Accommodation of Upstream Drainage: Section 18.810.100.C states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There is an existing drainage course that enters the site at the northeast corner and flows south within open space towards Tributary 9. 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). The River Terrace Stormwater Master Plan identifies the area of the proposed development as a portion of Strategy Area C. The recommended strategy for Area C is low impact development approaches for water quality and downstream conveyance improvements for water quantity. Stormwater water quantity management strategy is required everywhere in River Terrace to mitigate for potential flooding and erosion ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 21 of 38 impacts that would otherwise result from increases in stormwater runoff volume, rate and duration due to development in River Terrace. The City of Tigard has been working with Clean Water Services, OTAK and Clear Creek Solutions to develop a water quantity management tool, identified as TRUST. The design tool is a continuous flow-duration simulation model. The detention volumes were initially expected to be 25% larger than traditional design methods. Current modeling indicates that detention volumes will likely be another 2.0 – 2.5 times as large. This design tool is nearly complete and the city expects to release the tool and manual in May 2015. The Applicant has a preliminary Water Quality & Detention Analysis, dated January 22, 2015. The proposed project is approximately 30 acres and will be developed to provide 82 single-family lots. The Applicant used the Hydroflow Hydrographs Modeling System 2004 software program by Intelisolve to determine the required detention volume for the pond and design the flow control structure. The Applicant will be required to resubmit calculations for the interim detention facility using the TRUST model to ensure the detention calculations are correct and the amount of area set aside for the pond within the development is adequate. The applicant has submitted a revised preliminary plat that shows a larger detention facility in response to preliminary calculations using the TRUST model. These calculations and any subsequent revisions to site layout shall be submitted with the Applicant’s City of Tigard PFI Permit application. The Applicant’s interim detention facility and associated piping shall incorporate a design that will accommodate rerouting flow to the future high-flow bypass/stream restoration downstream, identified as tributary 9. Applicant shall provide an operations and maintenance plan for interim facility and future use of decommissioned facility. The Applicant shall enter in to a Development Agreement for their share of the future cost of construction of the downstream stormwater conveyance improvements. 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; ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 22 of 38 • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.C states that a developer shall pay a fee in-lieu of under- grounding costs when the development 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. The Applicant states that all utility lines, as stated in the above standard, shall be placed underground in the proposed development. In addition, there are overhead utilities along the east side of SW 150th. Payment in- lieu of undergrounding is permitted. The east project boundary, according to the plat submitted, 990.6 feet x $35.00 per foot = $34,671.00. Developer shall pay $34,671.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study Findings: Washington County Department of Land Use and Transportation (LUT) staff provided comments and conditions in a letter dated April 20, 2015. The decision letter covers the roadway sections and right of way dedication, the sight distance requirements, street lighting, and Facility Permit requirements for SW 150th Avenue and Bull Mountain Road. The Applicant shall comply with the recommended conditions by Washington County LUT, dated April 20, 2015. The Applicant has submitted a Traffic Impact Study prepared by Kittelson & Associates, dated March 5, 2015. The analysis was done for the four proposed Polygon developments in River Terrace. The proposed Bull Mountain development, located on the west side of 150th Avenue ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 23 of 38 opposite SW Hawks Ridge Road will provide 83 single family homes. Based on the analysis done by Kittelson the following is recommended: • SW 150th Avenue should be widened to provide half street improvements along the site frontage. • Intersection sight distance should be provided at all local street intersections created as part of the neighborhood. Landscaping, above ground utilities and signs should be located and maintained in a manner that preserves adequate intersection sight distance. Kittelson’s analysis concludes that the proposed neighborhood development can occur while maintaining acceptable traffic operations and safety at the study intersections. Public Water System: The City’s Water System Hydraulic Study has indicated that this site falls across both the 713 foot pressure zone and the 550-foot pressure zone. The Applicant states the entire site is within the 713 zone, however the southern portion of the project is located within the 550 zone. There is a pressure reducing valve reducing 713 zone to 550 zone located just north of Woodhue Street on SW 150th Avenue. The Applicant shall connect to an existing 12 inch cross in the 550 zone at the intersection of SW Woodhue Street and SW 150th Avenue and reduce to a 16 inch line and extend it north to SW Colorado and continue west in SW Colorado Street to the west end of the street. The Applicant shall receive 100% SDC water credits for the portion of the 16 inch line from SW Woodhue Street to SW Colorado Street. The Applicant shall receive SDC water credits for the difference in upsizing between the 12 inch and 16 inch for the line segment in SW Colorado Street. The Applicant shall also connect to the existing 12 inch 713 zone pipe located in 150th Avenue just north of Woodhue Street and extend this line north to an existing 12 inch connection point just south of Sophia Lane. The Applicant will be required to provide written approval from Tualatin Valley Fire & Rescue for fire flow, hydrant placement and access prior to issuance of the City of Tigard’s site permit. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 24 of 38 frequency and method to be used in keeping the facilities maintained through the year. The River Terrace Stormwater Master Plan identifies the proposed development as being located in Strategy Area C. The plan recommends low impact development approaches for water quality. The Applicant has a preliminary Water Quality & Detention Analysis, dated January 22, 2015. The proposed project is approximately 30 acres and will be developed to provide 82 single-family lots. The Applicant has proposed a combined water quality and quantity facility. The applicant can meet the neighborhood scale LIDA standards with this facility. A memo dated April 13, 2015, regarding River Terrace Stormwater Management Standards Official Interim Guidance refers to proposed design standards for these facilities. The City and Clean Water Services are working to complete the Public Improvement Design Standards for stormwater management in River Terrace. The Applicant shall submit design plans and analysis for neighborhood scale low impact development approaches prior to issuance of site permits. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the Applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to ensure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 25 of 38 The Applicant will also be required to provide a geotechnical report, per Appendix J of the Oregon Specialty Structural Code (OSSC), for the proposed grading slope construction. A Report of Geotechnical Engineering Services for Bull Mountain development was prepared by GeoDesign, dated March 6, 2015. Recommendations for site preparation, construction and inspection have been provided in the report. The recommendations in the March 6, 2015 report prepared by GeoDesign shall be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. The Applicant shall obtain a (CWS) Stormwater Connection Permit Authorization prior to issuance of the City of Tigard PFI permit. The site is over 5 acres in size, therefore an NPDES 1200-C permit is required. 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 approval of the final plat. For this project, the addressing fee will be $4,750.00 (82 lots + 13 tracts)x($50/address) = $4,750.00). 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 ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 26 of 38 respective X and Y State Plane Coordinates, referenced to NAD 83 (91). Include Acrobat (***.pdf) file and one 11x17 copy of as-builts. The Developer’s Engineer (or “Engineer” in a CIP doc) shall provide the City of Tigard with coordinates on the Critical Assets shown on the table below. The coordinates should be based on NAD 83(91) State Plane Coordinates Zone 3601 Oregon North. An electronic copy of an Excel spreadsheet or database file shall be provided with the following fields: “Feature”; “Type”; “XCOORD”; “YCOORD”; “ZCOORD”. Example: “SSMH02”; “MH”; “7456892.234”; “6298769.879”; “192.45” “WV03”, “WV”, “7456956.654”, “6298723.587”, “214.05” Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: Submit to the Engineering Department (Greg Berry, 503-718-2468) for review and approval: 1. Prior to commencing site improvements, a Public Facility Improvement (PFI) permit is required for this project to cover all infrastructure work and any other work in the public right-of-way. Six (6) 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). 2. Prior to commencing site improvements, the Applicant shall submit the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the “Permittee”, and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 3. Prior to commencing site improvements, the Applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 27 of 38 construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 4. Prior to commencing site improvements, the Applicant’s City of Tigard Public Facility Improvement permit construction drawings shall indicate that full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street trees, streetlights, and underground utilities shall be installed within the interior subdivision streets. Local streets shall be designed and constructed to local street standards. Requirements prior to commencing site improvements for specific streets are as follows: • Bull Mountain Road, a County Collector shall be shown on PFI plan set to have the required west bound left turn lane at the intersection of Bull Mountain Road and 150th per the Washington County conditions letter dated April 20, 2015. • 150th Avenue, a County Collector shall be shown to have: - Right-of-way dedication of 37 feet from centerline and additional right of way to provide adequate corner radii at intersections with 150th Avenue per Washington County conditions letter. - Pavement width of 25 feet from centerline - Pavement section as required by Washington County, C-1. - Concrete curb or curb and gutter as needed - Sanitary sewer - Storm drainage - Underground utilities - 6-foot sidewalk with 5-foot planter strip - Street trees, lighting, striping, signs - Traffic control devices - NOTE: Applicant shall follow all recommendations per the Washington County conditions letter dated April 20, 2015. • Peace Avenue, Hudson Avenue, Missouri Avenue, Danube Drive, Seine Drive, Rio Grande Terrace, and Thames Lane, local residential skinny streets shall be shown to have: - Right-of-way dedication of 50 feet from centerline - Pavement width of 28 feet curb to curb - Concrete curb or curb and gutter as needed - Sanitary sewer - Storm drainage - Underground utilities - 5-foot sidewalk with 5-foot planter strip - Street trees, lighting, striping, signs - Traffic control devices ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 28 of 38 - Parking on both sides of the street • Colorado Street, a standard local street, per TDC Figure 18.810.4A, shall be shown to have: - Right-of-way dedication of 41 to 50 feet (variable) - Pavement width of 24 feet (3/4 street paved width) - Concrete curb or curb and gutter as needed - Sanitary sewer - Storm drainage - Underground utilities - 10-foot meandering hard surface trail on north side - Street trees, lighting, striping, signs - Traffic control devices - Parking on the north side of street - Future 54 foot ROW (total), additional 8 feet of paving, curb, 5’ planter, 5’ sidewalk, 0.5’ to ROW (this can be shown partially or wholly on adjacent property to south as future improvements) - • Thames Court and Seine Court, private streets, shall be shown to have: - Tract width of 50 feet - Pavement width of 28 feet curb to curb - Concrete curb or curb and gutter as needed - Sanitary sewer - Storm drainage - Underground utilities - 5-foot sidewalk with 5-foot planter strip - Street trees, lighting, striping, signs - Traffic control devices - Parking on north side of street - NOTE: A pavement and rock section for the proposed private street(s) alleys shall meet the City’s public street standard for a local residential street. - NOTE: Street lights shall be metered separately from the public system. • Mississippi Court and Missouri Place, private streets, shall be shown to have: - Tract width of 36.5 feet - Pavement width of 28 feet curb to curb - Concrete curb or curb and gutter as needed - Sanitary sewer - Storm drainage - Underground utilities - 5-foot sidewalk on one side of the street - Street trees, lighting, striping, signs ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 29 of 38 - Traffic control devices - Parking on one side of the street - NOTE: A pavement and rock section for the proposed private street(s) alleys shall meet the City’s public street standard for a local residential street. - NOTE: Street lights shall be metered separately from the public system. - NOTE: A planter strip can be constructed by adding width to the tract or eliminating the parking. 5. Prior to commencing site improvements, the Applicant’s construction drawings shall show that the pavement and rock section for the proposed private streets meet the City’s public street standard for a local residential street. 6. Prior to commencing site improvements, the Applicant’s PFI plans shall show proposed county improvements required by a Washington County Facilities Permit. The Applicant shall comply with the recommended conditions by Washington County LUT, dated April 20, 2015. 7. Prior to commencing site improvements, the Applicant shall incorporate the recommendations outlined in the Kittelson Traffic Impact Study, dated March 5, 2015, including, but not limited to installing half street improvements to SW 150th Avenue, providing intersection sight distance and improving sight distance along SW 150th Avenue. 8. Prior to commencing site improvements, the Applicant’s PFI plans shall show the proposed sanitary sewer main connecting to the existing line in Woodhue Street and extended north in SW 150th Avenue. 9. Prior to commencing site improvements, the Applicant shall provide verification from Clean Water Services (CWS) that the existing CWS pump station on Beef Bend Road, near 146th Avenue, has sufficient capacity for the development. 10. Prior to commencing site improvements, the Applicant shall obtain a (CWS) Stormwater Connection Authorization. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. 11. Prior to commencing site improvements, the Applicant’s design engineer shall submit documentation, for review and approval by CWS and for review by the City of the downstream capacity of any existing storm facility impacted by the proposed development. The design engineer must perform an analysis of the drainage system downstream of the development to a point in the drainage system where the proposed development site constitutes 10 percent or less of the total tributary drainage volume, but in no event less than 1/4 mile. 12. Prior to commencing site improvements, the Applicant will be required to submit revised plans showing the interim detention facility and an operations and maintenance plan that ensure periodic maintenance of the facility. A decommissioning plan is required showing the future use of facility even if the facility is to remain as an alternate facility. ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 30 of 38 13. Prior to commencing site improvements, the applicant’s plans shall demonstrate compliance with the proposed River Terrace stormwater management design standards per memo dated April 13, 2015. 14. The Applicant shall submit an Interim Facility Operations and Decommissioning Plan. The decommissioning plan shall include an approved plan for the ultimate use(s) of the facility tract naming responsible parties to establish the approved future use(s) of the tract. Decommissioning shall also include connection to the permanent conveyance system by means of channel or pipe required for tributary 9 per Strategy Area C River Terrace Community Plan and the Public Improvement Design Standards for River Terrace. 15. Prior to commencing site improvements, the Applicant shall submit design plans and calculations to show the water quality swale to be constructed within the interim facility will satisfy the requirements for neighborhood scale low impact development (LIDA) approaches as shown in Table 2.1 of Section 2 the Stormwater Management Strategy of the River Terrace Stormwater Master Plan. 16. Prior to commencing site improvements, the Applicant shall resubmit calculations for LIDA facilities and the detention facility using the TRUST model to meet the continuous flow duration requirements and ensure the amount of area set aside for the pond within the development is adequate. The calculations and any subsequent revisions to site layout shall be submitted with the Applicant’s City of Tigard PFI Permit application. 17. Prior to commencing site improvements, the Applicant shall provide an erosion control plan that includes all on and off site work conforming to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual” (current edition) as part of the Public Facility Improvement (PFI) permit drawings. 18. Prior to commencing site improvements, the Applicant shall provide a final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain, convey and treat runoff from each lot. 19. Prior to commencing site improvements, the Applicant shall incorporate the recommendations from the submitted geotechnical report by GeoDesign into the final grading plan. The geotechnical engineer shall be employed by the Applicant throughout the entire construction period to ensure that all grading, including cuts and fills, are constructed in accordance with the approved plan and Appendix J of the Oregon Structural Specialty Code (OSSC). ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 31 of 38 20. Prior to commencing site improvements, the design engineer shall indicate on the grading plan which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. 21. Prior to commencing site improvements, the final construction plans shall be signed by the geotechnical engineer to ensure that they have reviewed and approved the plans. The geotechnical engineer shall also sign the as-built grading plan at the end of the project. 22. Prior to commencing site improvements, the Applicant shall obtain a (CWS) Stormwater Connection Authorization prior to issuance of the City of Tigard PFI permit. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. 23. Prior to commencing site improvements, the Applicant shall obtain a 1200-C General Permit issued through the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 24. Prior to commencing site improvements, any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction and shall be reviewed and approved by the City as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system cost will be assessed prior to approval of the City of Tigard’s PFI permit. 25. Prior to commencing site improvements, the Applicant’s PFI drawing set shall show a pipe connecting to an existing 12 inch cross in the 550 zone at the intersection of SW Woodhue Street and SW 150th Avenue and reduce to a 16 inch line and extend it north to SW Colorado and continue west in SW Colorado Street to the west end of the street. The Applicant shall receive 100% SDC water credits for the portion of the 16 inch line from SW Woodhue Street to SW Colorado Street. The Applicant shall receive SDC water credits for the difference in upsizing between the 12 inch and 16 inch for the line segment in SW Colorado Street. 26. Prior to commencing site improvements, the Applicant’s PFI drawing set shall show a connection to the existing 12 inch 713 zone pipe located in 150th Avenue just north of Woodhue Street and extend this line north to an existing 12 inch connection point just south of Sophia Lane. 27. Prior to commencing site improvements, the Applicant will be required to provide written approval from Tualatin Valley Fire & Rescue for fire flow, hydrant placement and access prior to issuance of the City of Tigard’s site permit. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 32 of 38 Submit to the Engineering Department (Greg Berry, 503-718-2468) for review and approval: 28. Prior to final plat approval, the Applicant shall obtain Washington County facilities permit for construction work in count rights of way. The Applicant’s Washington County Facilities Permit shall contain: • construction drawings indicating half-street improvements, constructed along the SW 150th Avenue, with a ROW dedication providing 37 feet from centerline, 5 foot planter strip, 6 foot sidewalk meet county and city standards. • construction drawings indicating dedication of adequate corner radius at the intersections of SW 150th Avenue. • construction drawings showing the construction of a westbound left turn lane at the SW 150th Avenue and Bull Mountain Road intersection • all of Kittelson’s recommendations per memorandum dated March 5, 2015 and Washington County’s LUT conditions letter dated April 20, 2015. 29. Prior to final plat approval, the Applicant shall pay an addressing fee in the amount of $4,750.00. (STAFF CONTACT: Karleen Aichele, 503-718-2467). 30. Prior to final plat approval, the Applicant shall pay a fee in lieu for undergrounding of existing overhead utility lines along the frontage of SW 150th Avenue. The fee shall be $34,671.00. 31. Prior to final plat approval, the Applicant shall execute a Development Agreement with the City of Tigard. The Development Agreement shall include the following: • The Applicant’s commitment to comply with applicable funding components of the River Terrace Funding Strategy, as listed in Section 18.660.030.B, when adopted by the city and in effect. • The Applicant’s commitment to build the infrastructure improvements necessary to provide adequate public facilities to serve the project pursuant to Section 18.660.030.E. • The city’s agreement to provide credits for infrastructure improvements. • Special timing considerations for infrastructure improvements that are known to require additional time due to their review and approval being under control of Washington County not subject to the development agreement, which includes the Washington County Facilities Permit. ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 33 of 38 32. Prior to final plat approval, the Applicant shall prepare Conditions, Covenants and Restrictions (CC&R’s) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private streets, pathways and open space tracts. The street lights required for private streets and pathways shall be maintained and paid for by the HOA and metered separately from the public street light system. The CC&R’s shall obligate the private property owners within the subdivision to create a homeowner’s association to ensure regulation of maintenance for the street(s) and alleys. The Applicant shall submit a copy of the CC&R’s to the Engineering Department (Karleen Aichele) prior to approval of the final plat. 33. Prior to final plat approval, the Applicant shall demonstrate that they have formed and incorporated a homeowner’s association. 34. Prior to final plat approval, the Applicant shall prepare Conditions, Covenants and Restrictions (CC&R’s) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed LIDA private water quality and detention facility. The CC&R’s shall obligate the private property owners within the subdivision to create a homeowner’s association to ensure regulation of maintenance for the facility. 35. Prior to final plat approval, the Applicant shall be required to assure adequate financial resources are available for decommissioning the interim facility when permanent facility becomes available and shall include as part of the submittal, all supporting legal documents, including a declaration of covenant running with the land, if applicable, and the appropriate deeds and easements. 36. Prior to final plat approval, the Applicant shall participate in the financing of the permanent regional infrastructure adopted in the River Terrace Stormwater Master Plan for Strategy Area C by means of the scenarios proposed in Section D of the River Terrace Funding Strategy report dated December 2014. 37. Prior to final plat approval, 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 (per ORS 92.050). 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. Final plat application submission requirements are as follows: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon and the necessary data or narrative. ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 34 of 38 • Final plat and data/narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.050), Washington County, and by the City of Tigard. • Final plat shall show the right-of-way dedication for all public streets. • Subdivision plats will include signature lines for City Engineer and Community Development Director. • Partition plats will include a signature line City Engineer. NOTE: Washington County will not begin their review of the final plat until they receive notice from the City of Tigard Engineering Department indicating that the City has reviewed the final plat and submitted comments to the Applicant’s surveyor. B. Submit a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at 503-718- 2421). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Greg Berry, 503-718-2468) for review and approval: 38. Prior to issuance of building permits, the Applicant shall provide the Engineering Department with a paper copy of the recorded final plat. 39. Prior to issuance of building permits, the Applicant shall submit and obtain approval of, a construction access and parking plan for the home building phase. 40. Prior to issuance of building permits, the Applicant shall submit a final construction supervision report prepared by the project geotechnical engineer. 41. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public improvements substantially complete. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all local residential streets shall be fully paved, 3) any off-site utility improvements are substantially completed, and 4) all public street lights are installed and ready to be energized. (NOTE: the City, apart from this condition, and in accordance with the City’s model home policy, may issue model home permits). 42. Prior to issuance of building permits, the Applicant shall submit as-built drawings 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, ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 35 of 38 referenced to NAD 83 (91). As-built submittal shall include an Acrobat (***.pdf) file, one 11x17 paper copy and the electronic point file as state above and shown in the example below. Excel spreadsheet/point database file example: “Feature”; “Type”; “XCOORD”; “YCOORD”; “ZCOORD”: “SSMH02”; “MH”; “7456892.234”; “6298769.879”; “192.45” “WV03”, “WV”, “7456956.654”, “6298723.587”, “214.05 43. Prior to issuance of building permits, the Applicant shall connect to an existing 12 inch cross in the 550 zone at the intersection of SW Woodhue Street and SW 150th Avenue and reduce to a 16 inch line and extend it north to SW Colorado and continue west in SW Colorado Street to the west end of the street. The Applicant shall receive 100% SDC water credits for the portion of the 16 inch line from SW Woodhue Street to SW Colorado Street. The Applicant shall receive SDC water credits for the difference in upsizing between the 12 inch and 16 inch for the line segment in SW Colorado Street. 44. Prior to issuance of building permits, the Applicant shall connect to the existing 12 inch 713 zone pipe located in 150th Avenue just north of Woodhue Street and extend this line north to an existing 12 inch connection point just south of Sophia Lane. 45. Prior to issuance of building permits, the Applicant shall provide intersection sight distance certification meeting Washington County standards. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF FINAL OCCUPANCY: Submit to the Engineering Department (Greg Berry, 503-718-2468) for review and approval: 46. Prior to issuance of occupancy, the City Engineer shall deem the public improvements in Washington County rights-of-way substantially complete. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all public streets shall be fully paved, 3) any off-site street and utility improvements are substantially completed , and 4) all street lights are installed and ready to be energized. 47. Prior to issuance of occupancy, the Applicant must obtain a finaled Washington County Facility Permit. Contingent upon the following: A. All county roads improvement shall be accepted by Washington County. B. Completion of necessary improvements, submission of adequate sight distance certification in accordance with county code, prepared and stamped by a registered professional engineer. ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 36 of 38 IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As required by Section 18.430.080, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.430.100 Filing and Recording: Within 60 days of the City review and approval, the Applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the Applicant shall submit to the City a copy of the recorded final plat. ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 37 of 38 18.430.070 Final Plat Application Submission Requirements: Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set: 1. All centerline-centerline intersection points; 2. All cul-de-sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points of public streets. The tops of all monument boxes shall be set to finished pavement grade. 18.810 Street & Utility Improvement Standards: 18.810.120 Utilities All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface-mounted transformers, surface-mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Bond Required All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. ENGINEERING COMMENTS: SUB2015-00002 Polygon at Bull Mountain June 2, 2015 Page 38 of 38 The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. www.tvfr.com Training Center 12400 SW Tonquin Road Sherwood, Oregon 97140-9734 503-259-1600 South Operating Center 8445 SW Elligsen Road Wilsonville, Oregon 97070-9641 503-649-8577 North Operating Center 20665 SW Blanton Street Aloha, Oregon 97078 503-649-8577 Command & Business Operations Center and Central Operating Center 11945 SW 70th Avenue Tigard, Oregon 97223-9196 503-649-8577 April 3, 2015 Cheryl Caines City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 Re: Polygon at Bull Mt Thank you for the opportunity to review the proposed site plan surrounding the above named development project. Tualatin Valley Fire & Rescue endorses this proposal predicated on the following criteria and conditions of approval: FIRE APPARATUS ACCESS: 1. 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. Contact the fire code official for an application for the alternate means and method approval. 2. AERIAL FIRE APPARATUS ROADS: Buildings with a vertical distance between the grade plane and the highest roof surface that exceeds 30 feet in height shall be provided with a fire apparatus access road constructed for use by aerial apparatus with an unobstructed driving surface width of not less than 26 feet. For the purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of the parapet walls, whichever is greater. Any portion of the building may be used for this measurement, provided that it is accessible to firefighters and is capable of supporting ground ladder placement. (OFC D105.1, D105.2) 3. AERIAL APPARATUS OPERATIONS: At least one of the required aerial access routes 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. The side of the building on which the aerial access road is positioned shall be approved by the fire code official. Overhead utility and power lines shall not be located over the aerial access road or between the aerial access road and the building. (D105.3, D105.4) 2 4. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed driving surface width of not less than 20 feet (26 feet adjacent to fire hydrants (OFC D103.1)) and an unobstructed vertical clearance of not less than 13 feet 6 inches. The fire district will approve access roads of 12 feet for up to three dwelling units and accessory buildings. (OFC 503.2.1 & D103.1) Private streets are under the jurisdiction of TVF&R. SW Mississippi is a private street. Fire department emergency access is required to reach lots #78 and #82. Therefore, the minimum width must meet the above mentioned standards and No Parking rules and signage (#5 below) will apply. Public streets are under the jurisdiction of the City. TVF&R does not endorse any fire department access with less than 20 feet of horizontal driving width. 5. 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. 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) This will apply to SW Mississippi. NO PARKING: Parking on emergency access roads shall be as follows (OFC D103.6.1-2): 1. 20-26 feet road width – no parking on either side of roadway (signage to indicate the no parking) 2. 26-32 feet road width – parking is allowed on one side (signage to indicate the no parking side) 3. Greater than 32 feet road width – parking is not restricted 6. PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted red (or as approved) and marked “NO PARKING FIRE LANE” at 25 foot intervals. Lettering shall have a stroke of not less than one inch wide by six inches high. Lettering shall be white on red background (or as approved). (OFC 503.3) 7. 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 and shall extend 20 feet before and after the point of the hydrant. (OFC D103.1) Fire Hydrants are not shown on plans provided. Where hydrants are located the above width requirements of 26 feet will apply. 8. TURNOUTS: Where access roads are less than 20 feet and exceed 400 feet in length, turnouts 10 feet wide and 30 feet long may be required and will be determined on a case by case basis. (OFC 503.2.2) 9. 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 & D103.3) 10. ACCESS ROAD GRADE: Fire apparatus access roadway grades shall not exceed 12%.When fire sprinklers* are installed, a maximum grade of 15% will be allowed. 0-12% Allowed 12-15% Automatic fire sprinkler system* required 15-18% Consideration on a case by case basis with submission of written Alternate Methods and Materials request and automatic fire sprinkler system.* 18% and greater Not allowed 3 *The approval of fire sprinklers as an alternate shall be accomplished in accordance with the provisions of ORS 455.610(5) and OAR 918-480-0100 and installed per section 903.3.1.1, 903.3.1.2, or 903.3.1.3 of the Oregon Fire Code (OFC 503.2.7 & D103.2) 11. ANGLE OF APPROACH/GRADE FOR INTERSECTIONS: Intersections shall be level (maximum 5%) with the exception of crowning for water run-off. (OFC 503.2.7 & D103.2) 12. AERIAL APPARATUS OPERATING GRADES: Portions of aerial apparatus roads that will be used for aerial operations shall be as flat as possible. Front to rear and side to side maximum slope shall not exceed 10%. 13. ACCESS DURING CONSTRUCTION: Approved fire apparatus access roadways shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. Temporary address signage shall also be provided during construction. (OFC 3309 and 3310.1) 14. TRAFFIC CALMING DEVICES: Shall be prohibited unless approved by the Fire Code Official. (OFC 503.4.1) FIREFIGHTING WATER SUPPLIES: 15. MUNICIPAL FIREFIGHTING WATER SUPPLY EXCEPTIONS: The requirements for firefighting water supplies may be modified as approved by the fire code official where any of the following apply: (OFC 507.5.1 Exceptions) 1) Buildings are equipped throughout with an approved automatic fire sprinkler system (the approval of this alternate method of construction shall be accomplished in accordance with the provisions of ORS 455.610(5)). 2) There are not more than three Group R-3 or Group U occupancies. 16. SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for one and two-family dwellings 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 OFC Appendix B. (OFC B105.2) 17. FIRE FLOW WATER AVAILABILITY: Applicants shall provide documentation of a fire hydrant flow test or flow test modeling of water availability from the local water purveyor if the project includes a new structure or increase in the floor area of an existing structure. Tests shall be conducted from a fire hydrant within 400 feet for commercial projects, or 600 feet for residential development. Flow tests will be accepted if they were performed within 5 years as long as no adverse modifications have been made to the supply system. Water availability information may not be required to be submitted for every project. (OFC Appendix B) 18. WATER SUPPLY DURING CONSTRUCTION: Approved firefighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. (OFC 3312.1) 4 FIRE HYDRANTS: 19. 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) 20. 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 (OFC Table C105.1) 21. FIRE HYDRANT(S) PLACEMENT: (OFC C104) • 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. (OFC 507.5.1) • 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 may be considered when 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. 22. PRIVATE FIRE HYDRANT IDENTIFICATION: Private fire hydrants shall be painted red in color. Exception: Private fire hydrants within the City of Tualatin shall be yellow in color. (OFC 507) 23. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway unless approved by the fire code official. (OFC C102.1) 24. ACCESS ROAD WITH A HYDRANT: Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet, exclusive of shoulders. OFC D103.1) 25. REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of blue reflective markers. They shall be located adjacent and to the side of the center line of the access roadway that the fire hydrant is located on. In the case that there is no center line, then assume a center line and place the reflectors accordingly. (OFC 507) 26. 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 & OFC 312) 27. CLEAR SPACE AROUND FIRE HYDRANTS: A 3 foot clear space shall be provided around the circumference of fire hydrants. (OFC 507.5.5) 5 BUILDING ACCESS AND FIRE SERVICE FEATURES 28. PREMISE IDENTIFICATION: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly visible from the street or road fronting the property. The numbers shall contrast with their background. Where required by the fire code official, address numbers shall be required in additional approved locations to facilitate emergency response. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inches. If you have questions or need further clarification, please feel free to contact me at (503) 259-1504. Sincerely, John Wolff John Wolff Employee Name Deputy Fire Marshal II Cc: TVF&R FIle