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City Council Packet - 02/14/2017 11114 '1 City of Tigard TIGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: February 14,2017 - 6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:•30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request,the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2410 (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://live.tigard-or.gov CABLE VIEWERS: The regular City Council meeting is shown live on Channel 28 at 7:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. Ill —" • City of Tigard ■ 7, A�j�� Tigard Business Meeting—Agenda I(JTIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD MEETING DATE AND TIME: February 14,2017 - 6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM •STUDY SESSION A. COUNCIL LIAISON REPORTS B. RECEIVE METRO UPDATE FROM COUNCILOR DIRKSEN 6:45 p.m. estimated time •EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Citizen Communication—Sign Up Sheet 3. CONSENT AGENDA: (Tigard City Council)These items are considered routine and may be enacted in one motion without separate discussion.Anyone may request that an item be removed by motion for discussion and separate action. Motion to: A. APPROVE CITY COUNCIL MINUTES: •December 6,2016 •January 3,2017 •Consent Afenda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council/COI Center DevelobmentAgency has voted on those items which do not need discussion. 4. CONSIDER RESOLUTION INITIATING STREET VACATION PROCEEDINGS FOR SW FRIENDLY LANE IN RIVER TERRACE 7:35 p.m. estimated time 5. CONSIDER RESOLUTION TO INITIATE VACATION PROCEEDINGS FOR A PORTION OF RIGHT OF WAY ON SW 76TH AVENUE 7:50 p.m. estimated time 6. LOCAL CONTRACT REVIEW BOARD CONSIDERATION OF TRANSPORTATION STUDY FOR 72ND AVENUE/TIGARD TRIANGLE AREA CONTRACT 8:00 p.m. estimated time 7. LOCAL CONTRACT REVIEW BOARD CONSIDERATION OF ON-CALL AND OF RECORD ENGINEERING AND RELATED SERVICES CONTRACTS 8:05 p.m. estimated time 8. LOCAL CONTRACT REVIEW BOARD CONSIDERATION OF DIRKSEN NATURE PARK BOARDWALK DESIGN,FABRICATION AND DELIVERY CONTRACT 8:15 p.m. estimated time 9. CONSIDER ADOPTING TIGARD'S REPRESENTATION IN WASHINGTON COUNTY'S NATURAL HAZARD MITIGATION PLAN 8:20 p.m. estimated time 10. CONSIDER APPROVAL OF A RESOLUTION OF NECESSITY FOR EAST TIGARD SEWER SANITARY SEWER EASEMENTS 8:30 p.m.estimated time 11. DISCUSS SW CORRIDOR LAND USE FINAL ORDER 8:40 p.m. estimated time 12. CONSIDER RENEWAL OF WASHINGTON COUNTY MOSQUITO CONTROL INTERGOVERNMENTAL AGREEMENT 9:00 p.m. estimated time 13. NON AGENDA ITEMS 14. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disdose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 15. ADJOURNMENT 9:15 p.m. estimated time IICity of Tigard Tigard City Council Meeting Agenda it--:GAR.D'''', February 14 2017 CITY COUNCIL STUDY SESSION - 6:30 p.m. A. COUNCIL LIAISON REPORTS B. RECEIVE METRO UPDATE FROM COUNCILOR DIRKSEN 6:45 p.m. estimated time Administrative Items: 1. The City did not receive a CDBG Grant for Bagan Park. Council Meeting Calendar February 7* Tuesday Council Business Meeting-6:30 p.m.,Town Hall 14* Tuesday Council Business Meeting-6:30 p.m.,Town Hall 20 Monday Presidents Day Holiday—City Offices Closed 21* Tuesday Council Workshop Meeting- 6:30 p.m.,Town Hall 28* Tuesday Joint Meeting with Lake Oswego City Council- 6:30 p.m.,Town Hall Dinner available in Red Rock Creek Conf. Room at 6:00 p.m. March 7* Tuesday Council Business Meeting- 6:30 p.m.,Town Hall 11* Tuc3day Council Businc33 Mccting —CANCELLED 21* Tuesday Council Workshop Meeting- 6:30 p.m.,Town Hall 28* Tuesday Council Business Meeting- 6:30 p.m.,Town Hall April 4* Tuesday Council Business Meeting- 6:30 p.m.,Town Hall 11* Tuesday Council Business Meeting-6:30 p.m.,Town Hall 18* Tuesday Council Workshop Meeting- 6:30 p.m.,Town Hall 19 Wednesday Budget Committee Meeting—6:30 p.m.,Public Works Auditorium 24 Monday Budget Committee Meeting- 6:30 p.m.,Public Works Auditorium 25* Tuesday Council Business Meeting-6:30 p.m.,Town Hall Regularly scheduled Council meetings are marked with an asterisk(*). AIS-3027 B. Business Meeting Meeting Date: 02/14/2017 Length (in minutes): 30 Minutes Agenda Title: Receive Metro Update from Councilor Dirksen Submitted By: Carol Krager,Central Services Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE Shall Metro Councilor Dirksen give an update on current Metro activities? STAFF RECOMMENDATION / ACTION REQUEST N/A KEY FACTS AND INFORMATION SUMMARY Metro Councilor Dirksen will give an update on current Metro activities and respond to questions from council. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION January 12,2016 Attachments No file(s)attached 02/14/2017 P . ' 94 y Y a; Metro 41, M 3 F p, w �."r.,r ,fir '' .. , ;, g s s ti"..•,,,,,,..;i:7-,.. +n. ",,,,7 ,+v�°—'.a_,i - 41 t t }f7✓ „.. Metro Update Tigard City Council • Councilor Dirksen • 2/14/2017 Regional Snapshots Snapshots on ' ` `i r� /•4 housing,jobs, +; transportation, r .. -,_ , changing }! . communities, 11. f ,,� A`y housing YOU ARE f ,,moi affordability • �y •r, HERE �'�'"° ,, Most recent ` ,d L w e snapshot is on the , `�ao .. economy • v %� ,k>� `a r ' a- . 1 02/14/2017 Transportation JPACT approved regional flexible funds package - _ • c_ • Hunziker -1 _ •r• �r Focus on - =• transportationmom. p'14,91,11 package during upcoming legislative 1• session SW Corridor moving forward Equitable housing grants $575,000 awarded to assess and reduce barriers to -.- "00 affordable housing in 7 cities in the region ��'�i 1 � r • Southwest Corridor I 'j 131 I] 0� _ w 11 -ia\ Affordable Housing f l� r^ , � II Predevelopment Analysis i ' i ' rR :: ..., 9 74, 2 02/14/2017 Parks and Nature $1.8 million in grants 4 ti• ; ` r. i)r ,,. awarded in December t tt. ,t - ". : tio,A• 2016 kt Orenco Woods s 1 Chehalem Ridge14: ; `' ;rte -.110°- • ...0V- ",�<t..%'.--, • Equity in greater Portland r: =;1 : a qR ,Ni; 'sem Y. -y 41:-::'t4,e Strategic Plan to -::'' ' Advance Racial ,- :I , Equity, Diversity -'i , •,*1 w‘, and Inclusion ,.: A,° ` r 1' Construction - . -'-1yil� - Y .�, Career Pathways 'i ' a ``= Project $.. "`" - ., i„rm V 3 02/14/2017 Convention Center Hotel Hotel design .. approved by City of NyATTREG-PI�V Portland 1;�"�� c igg4004 40IsIW ._ i. I�gW�4Wo1 I�I�I■ �. IWW9�I�1�1 1q • _ �� I,�M„� I,�I■ i .. -144•1•111•1 Ili9E1 nimcil .; I' '1��'I'1 1 1 1 t l'"If - • hum 1611„ lt, ' •e ” 7 " , {� �J Oregon Zoo 11111111 ' 11 1, 1'. 7. Packy - .4.' -' Conservation kr • - education center C' grand opening in , , March ; ., 75 Polar bear update Ili y,. t tea. 4 4 02/14/2017 Your questions Craig Dirksen Metro Councilor, District 3 503-797-1549 craig.dirksen@oregonmetro.gov nuf erac,"" >_< www.oregonmetro.gov/connect Arts and conference centers Garbage and recycling MetroOAW/ Land and transportation oregonmetro.gov Oregon Zoo Parks and nature 5 ".4fenzik/ en-) g _4Ql January 2017 ia AUK Metro's legislative agenda for eff'a� Metro supporting Oregon and greater Portland Metro: Living r\ i , iam,z4 _ _ I Every month, thousands of --� ;� -.- ' people move to greater Portland .a w t j t • for our qualityoflife and strong3 A ; ) " tif- 4s , economy. Metro is working to ensure we have a f fordable places ; ~ to live and work for generations _ ,' "' _ .,. to come-without sacrificing the �� _w - 4 4, farms and forests that make this ' ?. place special. t All over the country,housing construction , hasn't kept up with population growth in major cities,leading to rising rents, bidding wars for homes and places that Metro supports the Housing Alliance 2017 are becoming increasingly unaffordable. Housing Opportunity Agenda,which will Meanwhile,job creation has been strong address policy and funding measures to but middle-income earners have been left support critically-needed affordable out of the recovery. housing options for the full spectrum of Metro is working with private and public housing needs. partners to take on these challenges and ensure that all of us—long-standing The solution:Urban reserves residents,newcomers,and everyone in From 2008-10,leaders from greater between—have affordable homes,good Portland worked together to draw a map of jobs,and safe,affordable,and reliable where the region will—and won't—grow in ways to get around. the next half-century.This authority was granted to Metro and local leaders by the The solution:Equitable housing legislature. Metro invested more than$6.7 million to date in construction of affordable housing It took hard work to reach an agreement, to help alleviate greater Portland's short- but we now have a plan that will likely be term supply problem.We sponsored a approved by Clackamas and Multnomah $500,000 equitable housing grant program counties and Metro and meet legal to help cities and counties address site- standards.We're ready to finish this work, specific ways to facilitate housing and expect to be able to do so without development. legislative intervention by late spring. oregonmetro.gov Metro:Living continued The solution:Land readiness Metro has provided more than$14 • million in grants to cities and - counties to remove barriers to land development and get new homes and businesses built-in downtowns,main streets and new areas on the edge of the greater A. Portland region.We're working l with developers and cities to It. ! identify barriers to development so v I %, new homes can be built in the areas • ' 1 we've added to the urban growth \1 t \ A ; ', boundary. • 7 More than 67,000 homes could be built in areas Metro added to the UGB since 1998,but so far,only about 20 percent of those are built or close to development.We need Metro: Working more flexibility in UGB management to make sure we add Metro is expanding Oregon's economy by making it land where cities are ready to build easier to find shovel-ready places to start or grow a the pipes,roads,parks and schools that make growth happen. business, and supporting innovative partnerships that In October,a task force of regional create jobs. leaders,including 14 regional It's clear that greater Portland's economic development efforts are mayors,representatives from 1000 successful.The metro area has added 173,000 jobs since the depths of Friends of Oregon,the Home the recession.From small businesses and start-ups in central Builders Association of Portland to global manufacturers in Gresham,Wilsonville and Metropolitan Portland,Washington Hillsboro,the Metro area created the fourth-highest wage growth in County Chair Andy Duyck and the U.S.since 2010.But now is not the time to let up-we need to do then-Clackamas County Chair John more to strengthen our economy for the years to come. Ludlow supported several concepts for reform of the UGB expansion The solution:Job site readiness process. Working with local governments and state agencies,we're focusing Key among the proposed reforms: on making the most of the industrial land we have in greater Giving Metro the flexibility to add Portland,and preparing for adding industrial land in the places that no more than 1,000 acres of urban make sense. reserves to the UGB midway We've awarded$3.5 million in grants to agencies like the City of through a review cycle,provided a Milwaukie,Clackamas County,the City of Hillsboro and the Port of need can be demonstrated.This Portland to find new,innovative ways to bring jobs to existing would take place every six years industrial areas-doubling down on the taxpayers'investments in and help cities efficiently build the pipes and roads needed to serve businesses and workers. pipes,roads,parks and schools in expansion areas. And we continue to partner with state agencies to facilitate greenfield development,so that when we expand the urban growth boundary,we are able to quickly build the pipes and roads that employers need to set up shop. Metro I Legislative agenda I January 2017 The solution:Willamette Falls developable because of past By creating new financial tools Legacy Project contamination.Many of these to facilitate brownfield cleanup, Metro is working with a "brownfields"have sat idle for we can improve public health, partnership of state years without the landowners the environment,community government,local governments, investing in cleanup and livability and our region's tribes,business leaders and redevelopment.These properties economy. preservationists to support pose potential threats to human future development at one of health and the environment and The solution:Oregon North America's largest represent"dead zones"that Convention Center Hotel waterfalls.This partnership, undermine economic We all win when we bring out-of- thanks to past support from the development,degrade town visitors to town to spend legislature,will create hundreds community livability,and money.Thanks in part to a$10 of jobs,expand Oregon's tourist depress the value of neighboring million investment from the economy and help connect properties. Oregon Legislature,this project Oregonians to their heritage. Cleanup of these sites can will create 95o permanent jobs eliminate blight and health and increase tourism-related The solution:Cleaninghazards,reduce the need for spending by$600 million per contaminated sites unnecessary urban expansion, year.It's making good on a Oregon has tens of thousands return land to productive use, promise to bring family-wage of acres of commercial and create jobs and increase local jobs to greater Portland. industrial land that is not and state tax revenues. Construction will begin in the first half of 2017. Metro: Clean air and water Metro keeps our air and water clean by helping ,,_;.r homeowners and businesses cut pollution by making ` ` "'31- the right choices. .. ...�F SAF.- . .. tot The solution:Hazardous waste stewardship ix k ' SCJ' Thousands of gallons of hazardous chemicals get thrown away every • ;� 4,� f year,sent to landfills in places like McMinnville and Arlington for burial. � , . ,i :,„�. What if we could do better? ' .'.- Ike Metro proposes a hazardous waste version of its pioneering PaintCare program,which was authorized by the legislature and now recycles 270,000 gallons of paint every year.Companies selling certain hazardous Questions? household products would pay a small fee to support the program.In Andy Shaw exchange,consumers would have more options for disposing of their Regional Affairs Manager hazardous waste,making it easier to safely dispose of the products 503-797-1763 instead of burying them in Gilliam or Yamhill counties. andy.shaw@oregonmetro.gov dy Tucker The solution:Congestion Mitigation and Air Quality funding Legislative Affairs Manager Federal support for tailpipe emissions and improving air quality has 503-797-1512 been stretched thin,and it's up to Oregon to make sure Oregonians have randy.tucker@oregonmetro.gov clean air to breathe.The legislature should ensure that these programs are kept whole in greater Portland and address urgent pollution-control needs around the state. Metro I Legislative agenda I January 2017 Metro: Moving The Solution:Southwest Corridor Metro is helping Oregonians Congestion on Interstate 5 and aroundgreater Portland nearby roads in Tualatin,Tigard get _ and Portland makes travel quickly, safely and efficiently, - 4,— unreliable.Connections are whether they're driving to difficult between and through communities and demands for work, biking to the store or = ,- \ -- transit service are unmet.Things taking the bus to school. "'" will get worse and more costly to _ ' i , solve in the future.We need to act We all know it's getting harder to Inow for cleaner air,safer commutes get around greater Portland.The i and healthier communities that metro area is one of the fastest- won't become choked by traffic. growing in the country,and that A Southwest Corridor light rail line growth has led to longer commutes, will help commuters get to work more congestion,increased reliance maintenance would improve quickly,safely and efficiently and on transit and more people walking Oregon's economy,while saving make it easier to get around on and biking.As Oregon grows,we Oregonians money. Interstate 5 and surrounding need a bold and significant streets.The corridor is undergoing investment to support continued Jurisdictional transfer:Routes like federal environmental review. job growth for future generations. 82nd Avenue,the Tualatin Valley Highway and Macadam Avenue are A capital investment by the The solution:Transportation state highways but no longer serve legislature in the corridor will help funding as state-wide freight links.Local provide clean air,safe streets and We can no longer rely on the federal communities,and not ODOT, quicker commutes for greater government to address our should own them and decide their Portland.This one-time investment transportation needs,and Oregon future because they are now local would mirror historic state support voters want a big-picture solution commercial and residential corridors. for regional transit projects,like to cut travel time,to move workers the Orange Line,which opened in and goods,and make it safer for Improving transit:More than 2015.The Legislature can also do its children going to school.We need a 300,000 trips are taken every day part by giving Metro the authority bold and significant transportation on mass transit,and residents to issue a"Land Use Final Order," investment to keep Oregon moving. deserve faster,more reliable which streamlines permits and To do that,the 1.7 million residents service.We need dedicated revenue processes on the light rail line into of greater Portland need a to dramatically increase the one regional action. transportation system that: frequency,convenience and Addresses bottlenecks:Delays at efficiency of transit service to make This will not only help speed up Interstate 5 at the Rose Quarter, transit a real solution for more construction of the light rail line,it Interstate 205 in Clackamas County r'�sidents and meet the legislature's will also make it easier for Metro and Highway 217 on the as side mandate for reducing car pollution and its partners to build the cost Oregon businesses time and in greater Portland. affordable housing,street and money.There is strong political Multimodal funding:We can make sidewalk environmental improvementscand support to address these it cheaper,easier,safer and greener wouldgoalong w thprotthe mass that bottlenecks and we need the state for greater Portland residents to si project.with the to provide funds to match local get around by walking or biking. transit contributions for these critical There's increased demand for A similar streamlining measure projects. safety improvements on routes already exists east of the Improves maintenance:Oregon that children walk to school,and Willamette River and helped speed drivers spend$380 extra annually we need dedicated funding to up construction of the Orange, on car repairs and extra gas address these issues.We support Green and Yellow lines(H.B.3478, the ongoing success of Connect 1996). because of rough roads.Improving Oregon. Metro I Legislative agenda I January 2017 17077 Printed on recycled-content paper. ij en d& /7 8 S744(4, LI Februaiy 2017 SeSSir,...._ Regional Snapshot BROWNFIELDS YOU UA E Despite a strong rebound The state of our ground from the recession, ... greater Portland has Total area of Many brownfield sites a persistent problem. all brownfields were at one time Around the region, in the region, a gas stations, thousands of properties .,• measured in dry cleaners, or underused or vacant 61% football fields: auto repair shops, of all brownfields warehouses or because of pollution in Oregon are located in industrial facilities from past uses. These the Portland metro area properties hurt communities and the Why redevelop brownfields? region's economy. What does this mean for $400 M 50% of sites are OA located close to your cominunity?Metro's in annual property I I sensitive latest Regional Snapshot taxes could be environmental Brownfields are 3 takes a close look at generated from all k areas times more likely the state of greater redeveloped brownfield ,, ,' N.- to be located in Portland's economy – sites in the region '''40.1 an underserved community with a special focus on the stubborn challenge Redeveloping the "All of these 4.5 acres of open of brownfields.Here's a region's brownfields properties have land are saved with glimpse. could create enough the potential to every redevloped acre new jobs to fill the be thriving small of brownfield o Moda Center more businesses, as they than .►�%,�� were before." three /�.�I.� -Amy Saberiyan tl, F—II– `itirzi.041° times /rl� Ava Roasteria,Beaverton Cleanup around the region "Cooperation Every$1 of public "It's really important is a key to our investment in the to move through, cleanup of brownfields because otherwise you success." spurs an miss very important average i opportunities." -Keith Leavitt of$73 of '1� API\ Troutdale Reynolds private -Trell Anderson RR/�1 Niletro IndustrialoPark, redevelopment Catholic Charities, Port of Portland p Portland Illifter For more information and Data Sources:Regional Brownfield Scoping Project,Metro(2012);Economic Impacts of Oregon's Brownfields the rest of the story,visit: Program,ECONorthwest(2014);Brownfields in Oregon,ECONorthwest(2015);Portland Brownfield Program, oregonmetro.gov/snapshot City of Portland(2015). The Rundown A recipe for brownfield cleanup suspected contamination? START! conduct 110 Phase I assessment 0 MAYBE III AtiommilhkYES NO RESEARCH IN identify risks, collect and conduct hazards,toxicity analyze samples assess costs, Phase II economic and assessment legal risks • •......x... • li-Jr- ASSESS III purchase C AN PURCHASER property! who will elopa befunding POLLUTER up plan the cleanup? 0 GOVERNMENT • -3- • -/i.1 NONPROFIT begin cleanup! CLEAN or CONTAIN ( ( Ell) %NO complete State compares planned original plan cleanup with cleanup State 0 - • signs off on cleanup contie MONITOR • nu to monitor the site something didn't • as planned PROJECT YOU'RE IN THE0 IS HALTED CLEAR Represents a generalized concept.Not all properties may follow this exact order To learn more,visit oregonmetro.gov/regional-snapshots AGENDA ITEM NO. 2 B - CITIZEN COMMUNICATION DATE: February 14, 2017 (Limited to 2 minutes or less,please) The Council wishes to hear from you on other issues not on the agenda and items on the agenda, but asks that you first try to resolve your concerns through staff. This is a City of Tigard public meeting, subject to the State of Oregon's public meeting and records laws. All written and oral testimony becomes part of the public record The names and addresses of persons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record NAME,ADDRESS & PHONE TOPIC STAFF Please Print CONTACTED Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. i Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION 1:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication 161122.doc AIS-3024 3.A. Business Meeting Meeting Date: 02/14/2017 Length (in minutes):Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Carol Krager,Central Services Item Type: Motion Requested Meeting Type: Consent Agenda Public Hearing: No Publication Date: Information ISSUE Approve City Council meeting minutes. STAFF RECOMMENDATION /ACTION REQUEST Approve minutes as submitted. KEY FACTS AND INFORMATION SUMMARY Attached council minutes are submitted for City Council approval: •December 6,2016 •January 3,2017 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS N/.1 DATES OF PREVIOUS COUNCIL CONSIDERATION N/_1 Attachments December 6,2016 Minutes January 3,2017 Minutes City of'Tigard ■ Tigard City Council Meeting Minutes TIGARD December 6, 2016 ® STUDY SESSION Council Present: Mayor Cook, Councilor Henderson, Council President Snider, Councilor Woodard and Councilor Goodhouse Staff Present: City Manager Wine,Assistant City Manager Newton,Public Works Director Rager, Senior Management Analyst Wyatt and City Recorder Krager EXECUTIVE SESSION At 6:32 p.m. Mayor Cook announced that the Tigard City Council was entering into an Executive Session under ORS 192.660 (2) (a) employment of public officers, employees and agents.The executive session ended at 7:08 p.m. A. RECEIVE BRIFING ON AN INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE MAINTENANCE FOR SW BARROWS ROAD Public Works Director Rager gave the history of this joint project with Beaverton that began as Progress Ridge developed. There was a memorandum of understanding at first and then a cooperative intergovernmental agreement. The City of Beaverton maintains the entire road but Tigard pays half of the maintenance costs. Council approved this to be on the December 20th Consent Agenda. Administrative Items: o Discussion on remnant property on corner of McDonald Street and Highway 99W A discussion was held and Council consensus was that due to the city paying ODOT for cost overruns on the McDonald/Gaarde/Highway 99W project it should not have to pay for the remnant. If ODOT sells it to a third party the city should be reimbursed. It is not accessible by either road,not buildable, contaminated and the only access is through adjacent properties. However,if the city owned it there would be control over what goes on,i.e., flag shops or illegal signage. It could be a gateway or a memorial garden (but is not really a place to gather). Other ideas included making it a green space to offer visual relief from 99W by planting a lawn and installing a bench or a flagpole. Public Works Director Rager reminded council that the city-maintained corner on Hall Boulevard and 99W looks TIGARD CITY COUNCIL MEETING MINUTES—December 6, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 7 nice but takes time and money to keep up. Councilor Henderson suggested planting several trees on it to help reduce the below-ground contaminants. A reader board could be installed listing city events. The question was raised whether ODOT would allow the city to advertise events on the property if they maintain ownership. o TVF&R has offered a tour of their command center after goal setting on December 15. Mayor Cook and Councilor Goodhouse expressed interest in taking the tour. El . BUSINESS MEETING A. At 7:34 p.m. Mayor Cook called the City Council and Local Contract Review Board to order. B. City Recorder Krager called the roll. Present Absent Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Mayor Cook called for any Non-Agenda items. There were none. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—City Manager Wine said there was a letter in the Thursday newsletter from Redevelopment Project Manager Farrelly in response to gateway artist Brian Borello's previous comments. She or Mr. Farrelly can be contacted for any questions. B. Citizen Communication—Sign-up Sheet Gary Burns, 12860 SW Fischer Road,Tigard, OR,requested attention for a street water problem. He said there is a jurisdictional issue between ODOT and Tigard but the corner of Highway 99W and Durham Road is a hazard to pedestrians and the flowing water is going to erode the sidewalk. City Manager Wine asked him for contacts made previously with city staff. Mr. Burns said he made several calls to the city's Public Works Department. Mayor Cook noted that he spoke with PW Director Rager. Council President Snider asked if this is related to Clean Water Services swales. TIGARD CITY COUNCIL MEETING MINUTES —December 6, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 7 3. CONSENT AGENDA: (Tigard City Council) A. APPROVE CITY COUNCIL MINUTES: • November 15,2016 B. APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT WITH OREGON DEPARTMENT OF REVENUE TO COLLECT CITY OF TIGARD 3 PERCENT MARIJUANA TAX Council President Snider moved for approval of the Consent Agenda and Councilor Goodhouse seconded the motion. The motion passed unanimously. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 4. CONSIDER A RESOLUTION AMENDING AN INTERGOVERNMENTAL AGREEMENT WITH METRO FOR WESTSIDE TRAIL EASEMENT MAINTENANCE 1112 Parks and Facilities Manager Martin gave the staff report. He said this request is for approval of an addition to an intergovernmental agreement with Metro which allows the city to take over management of a trail. This is an additional trail adjacent to the Westside Trail and will allow the trail to come off of the Power Line Trail onto the street. This IGA allows the city to add more trails with council approval. Mayor Cook said the legal description is hard to understand and requested that a map be attached to these agenda items. Mr. Martin handed out a map for council to view. This amendment will allow the trail to be built once engineering has been completed. Councilor Woodard moved to approve Resolution No. 16-47 and Council President Snider seconded the motion. City Recorder Krager read the number and title of the resolution. Mayor Cook conducted a vote and the motion passed unanimously. RESOLUTION NO. 16-47 A RESOLUTION TO ADD A TRAIL EASEMENT TO AN EXISTING INTERGOVERNMENTAL AGREEMENT WITH METRO FOR THE WESTSIDE TRAIL EASEMENT MANAGEMENT MAINTENANCE AND OPERATION. TIGARD CITY COUNCIL MEETING MINUTES — December 6, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 7 Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 5. RECEIVE LEGISLATIVE REPORT FROM JOEL RUBIN, CFM Senior Management Analyst Wyatt introduced lobbyist Joel Rubin who discussed the city's federal agenda,highlighted progress in 2016 and looked towards the 2017 agenda. Mr. Rubin said there is a flurry of activity in Washington DC currently and the upheavals may present opportunities. The federal agenda and investment package is still a work in progress. Mr. Rubin discussed successes in federal funding obtained for the city in 2016. • The Tigard Farmers Market Promotion increased lower-income consumer awareness of the market. SNAP and EDT purchases increased by 89 percent. Additional vendors, including those offering milk and cheese continued the market's momentum and brought more activity to the downtown. He said they enjoyed working with the Chamber of Commerce and it will be on the federal agenda for next year. • A $400,000 Brownfields cleanup grant was received. These EPA grant applications are complicated and take a lot of staff time to prepare. Mayor Cook has met with Environmental Protection Agency (EPA) staff and they are touting the progress Tigard is making in the downtown. The goal of an EPA brownfield grant award is to take a blighted downtown area and redevelop it for economic activity. An effort was made to bring in the business community and citizens. Tours were provided for the congressional delegation. He thanked Senator Merkley for giving the project the extra push. • Also received was a $2,083,000 grant through Department of Commerce EDA for Hunziker Industrial Park.This effort began with tours for legislators almost two years ago. A state grant for$1.5 million helped leverage federal program dollars. He said the Hunziker property is one of a few vacant properties available in the Portland area. Program successes (policy items) for 2016 include: • Community Development Block Grant funding was maintained at$3 billion. • EDA program was maintained at$240 million. • Byrne grant program was maintained in the senate and increased in the house This program provides funding for police equipment and Tigard should see more of this money now that the population has reached 50,000. This grant is one way to secure federal funds for unfunded communication upgrade mandates. • In the Senate there is $525 million available for TIGER (large scale transportation infrastructure) grants and a decrease in the House down to $100 million. There is $25 million available for planning grants for TIGER which could help get projects TIGARD CITY COUNCIL MEETING MINUTES —December 6, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 7 ready for a grant application. Mayor Cook said Washington County received a TIGER grant and noted that there was a 20 percent match but bringing higher matches to the table is more competitive. The minimum amount that can be applied for is $5,000. Mr. Rubin said bringing in a 40 percent local match is recommended. Mr. Rubin highlighted CMF's comprehensive service. They match projects with Tigard's narrative. They advocate for specific grants but also programs important to the city. They ensure Oregon's congressional legislators are aware of what is important to Tigard. Mayor Cook said Senator Wyden spoke about re-patriotism funding which could be used for infrastructure,not just roads but also for replacing lead pipes or storm water improvements. Mr. Rubin advised that Tigard be prepared and have some projects to add to the list. The turnaround time for applications is often very short and Tigard needs to be ready. Mr. Rubin expects federal regulations to loosen under the new administration. Another area of concern for cities is burdensome federal regulations and Mr. Rubin suggested that if there were any particular areas of compliance that are difficult or unrealistic to work with they could be mentioned to Tigard's federal legislators. The preliminary 2017 federal agenda • Tigard Heritage Trail • Transportation projects • Tigard Farmer's Market grant—USDA is excited about Tigard's results. • Work with Just Compassion to help them understand grant opportunities and use of federal funding. There is a homeless veteran program but it requires a track record of results before applying • SW Corridor • CDBG,EPA and Byrne grants • FEMA flood mapping regulations now requiring consideration of the Endangered Species Act when in a flood plain. This will impact development all over Oregon. Mayor Cook pointed out that the draft agenda has items that do not bring money directly to the city but he appreciated CFM supporting policies that fit in with City causes. Mr. Rubin spoke about his preview of 2017 legislation. He said earmarks were eliminated in 2010 but there will be discussion about restoring them to municipalities in early 2017. EPA funding is in jeopardy which could endanger the brownfields grants. Mayor Cook noted that Mr. Rubin was made a CFM firm partner since his last visit to council. He expressed appreciation for their working relationship with the city. 113 6. DISCUSS THE CITY'S 2017 FEDERAL AND STATE LEGISLATIVE PRIORITIES Senior Management Analyst Wyatt gave the staff report Staff identified potential issues the city may want to take a position on in the upcoming legislative session along with the League of Oregon TIGARD CITY COUNCIL MEETING MINUTES — December 6, 2016 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 5 of 7 Cities (LOC) legislative priorities. He highlighted a few and asked council to suggest any changes or additions: • SW Corridor Land Use Final Order—this has been vetted by the city's community development staff and city attorneys. • Mental health initiatives—Councilor Henderson was supportive of these efforts • Transportation • Right of way/franchise issue Mayor Cook agreed that right of way is important to cities. Counties and special districts are considering asking the legislature for permission to get a right of way fee and re-write the rules on what cities get and how it is applied to them. He said cities need to stick together on this home rule charter issue. Senior Management Analyst Wyatt said one draft bill requires that if a city charges another entity money it would have to prove that it was spent on right-of-way repairs and projects. Council President Snider encouraged staff to think about shovel-ready projects both for projects the city owns and is responsible for and those such as getting Hall Boulevard into good enough condition that the city would want to take it over. Mayor Cook suggested that the state might be more apt to give a city$2 million so it can leverage another$7 million in grant funding but would not be as likely to give out the entire $7 million. So City Manager Wine said the Transportation Strategies Team could look through the transportation CIP list for ideas. Senior Management Analyst Wyatt said he is also getting a list of walkability projects from staff. Councilor Goodhouse reminded staff to list names and have photos of all legislators serving the area. Mayor Cook said state and federal agencies are impressed with the city's printed materials and their ready distribution when a legislator asks what the city's agenda is. Senior Management Analyst Wyatt said adding a list of successes will let lawmakers know Tigard's success in writing grants. He said the final state and federal legislative agendas will be issued in early January. 7. CONSIDER AUTHORIZING A SECOND AMENDMENT TO THE LASICH PROPERTY PURCHASE AGREEMENT IRParks and Facilities Manager Martin gave the staff report. This is a request to authorize a second amendment to the Lasich property purchase agreement. The property seller has asked to withdraw$60,000 from escrow to help cover the costs of dismantling and removing greenhouses from the property. Mr. Martin noted that the city has a good relationship with the seller and this request will not cost the city anything. Councilor Henderson moved to approve a second amendment to the Lasich property purchase agreement. Council President Snider seconded the motion. The motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES — December 6, 2016 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 6 of 7 Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ 8. NON AGENDA ITEMS None. 9. EXECUTIVE SESSION: At 8:49 p.m. Mayor Cook announced that the Tigard City Council was entering into an Executive Session under ORS 192.660 (2) (i) to review and evaluate,pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer. He said the City Council would adjourn from the Red Rock Creek Conference Room immediately after the Executive Session. The Executive Session ended at 9:52 p.m. 10. ADJOURNMENT At 9:52 p.m. Council President Snider moved for adjournment. Councilor Henderson seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. Yes No Councilor Henderson ✓ Council President Snider ✓ Councilor Woodard ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Carol A. Krager, City Recorder Attest: John L. Cook,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES — December 6, 2016 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 7 of 7 ,, City of Tigard Tigard City Council Meeting Minutes TIGARD January 3, 2017 • SWEARING IN OF CITY COUNCILORS TOM ANDERSON AND JASON SNIDER, ELECTED NOVEMBER 8,2016,TO FOUR-YEAR TERMS FROM JANUARY 1,2017 THROUGH DECEMBER 31,2020 Judge Michael O'Brien administered the oaths of office to newly elected councilors Tom Anderson and Jason Snider. 1. BUSINESS MEETING A. At 6:35 p.m. Mayor Cook called the Tigard City Council business meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Anderson ✓ Mayor Cook V Councilor Goodhouse ✓ Councilor Snider V Councilor Woodard ✓ C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—Mayor Cook invited the newly elected councilors to comment. Councilor Snider thanked the Tigard community for giving him the opportunity to serve a second term on council. He thanked his family,particularly his wife, for the sacrifices she makes weekly to make sure he can fulfill his duties as a city councilor. He said he was proud of what the city has been able to accomplish over the last four years, specifically completion of the largest ever infrastructure project that began providing water citywide last June. He TIGARD CITY COUNCIL MEETING MINUTES -January 3, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 3 mentioned the significant progress downtown with the housing project which would not have happened without the city's leadership and support. He credited Mayor Cook and the other councilors for helping to obtain nearly$40 million in grants and outside funds. Construction beginning in River Terrace in the summer in 2015 took a huge amount of effort,particularly on staff's part,but also on council's. All of these things make the city a better place to live and it takes council leadership and courage to accomplish great outcomes. Councilor Snider said he was proud that the council and city leadership team have been able to get so much done in the last four years. From his perspective, over the next four years the city needs to work on high-capacity transit planning,begin redevelopment in the Tigard Triangle, do much more in the downtown, enhance the recreation program and address aging and inadequate city facilities that are more than 30 years old. Councilor Anderson thanked the citizens of Tigard,his family and his supporters who encouraged him along the way. He said for those that do not know him, his traits are that he likes to listen first,be thoughtful and be available to the city and constituents. He said his stance leans towards pro-business. He does not like to spend money but will champion a cause he believes in. He looks forward to the next four years working with council and city staff. 2. CITIZEN COMMUNICATION (Two Minutes or Less,Plca3c) No citizen communication 3. CONSENT AGENDA: (Tigard City Council) A. CONSIDER RESOLUTION NO. 17-01 TO AMEND THE CITY COUNCIL GROUNDRULES, SUPERSEDING RESOLUTION NO. 15-02. Councilor Woodard moved for approval of the Resolution No. 17-01 and Council President Snider seconded the motion. The motion passed unanimously. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Snider ✓ Councilor Woodard ✓ 4. CONDUCT ELECTION FOR COUNCIL PRESIDENT Mayor Cook announced that City Recorder Krager will distribute ballots to council to mark their choice for council president and will count the ballots. The person receiving the most votes TIGARD CITY COUNCIL MEETING MINUTES—January 3, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 2 of 3 becomes the council president for the next two years. He said the City Charter states that the role of the council president is to run the council meetings in the absence of the mayor. City Recorder Krager distributed the ballots for each councilor to mark. She counted the ballots and announced that Councilor Snider was elected to be the council president. 5. NON AGENDA ITEMS None. 6. EXECUTIVE SESSION: None scheduled. 7 ADJOURNMENT At 6:43 p.m. Councilor Anderson motioned for adjournment and Council President Snider seconded the motion. The motion passed unanimously. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Councilor Snider ✓ Councilor Woodard ✓ Mayor Cook announced that a reception to honor the newly elected city councilors is being held immediately after the meeting. Carol A. Krager, City Recorder Attest: John L. Cook,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES —January 3, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 3 of 3 AIS-2905 4. Business Meeting Meeting Date: 02/14/2017 Length (in minutes): 15 Minutes Agenda Title: CONSIDER RESOLUTION INITIATING STREET VACATION PROCEEDINGS FOR SW FRIENDLY LANE IN RIVER TERRACE Submitted By: Carol Krager, Central Services Item Type: Resolution Meeting Type: Council Update, Discussion, Direct Staff Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Shall the City of Tigard initiate vacation proceedings and set a public hearing date to consider vacation of a portion of Friendly Lane? STAFF RECOMMENDATION / ACTION REQUEST Initiate the vacation proceedings for SW Friendly Lane. KEY FACTS AND INFORMATION SUMMARY The petitioner, Polygon WLH, LLC, requests approval of a street vacation for a portion (2.15 acres) of SW Friendly Lane. •The proposed vacation is located within the River Terrace Community Plan and is needed in order to implement two approved Planned Developments: 1) River Terrace East, PDR 2016-00001 and 2) River Terrace East No. 2, PDR 2016-0007. •The road proposed to be vacated is unimproved and was only used as a driveway and utility access to homes that existed as part of the River Terrace East properties, but have since been demolished. •Both developments were approved by the Planning Commission on June 20, 2016. • Site clearing and grading are currently underway. • Staff has found that the proposal and request are in compliance with the comprehensive plan. OTHER ALTERNATIVES Take no action at this time. This would result in a need for the developers to redesign and resubmit development applications for review and approval. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS This action supports development as envisioned in the River Terrace Community Plan DATES OF PREVIOUS COUNCIL CONSIDERATION N/A a . Attachments Resolution PC Recommendation Petitioner's request Legal Description Vacation Map CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- A RESOLUTION INITIATING VACATION PROCEEDINGS TO VACA IE A PORTION OF PUBLIC RIGHT-OF-WAY OF SW FRIENDLY LANE IN RIVER TERRACE WHEREAS, an approximately 2.15 acre portion of SW Friendly Lane had previously been dedicated to the public;and WHEREAS, the applicant has requested that the City of Tigard initiate Vacation proceedings to vacate an approximately 2.15 acre portion of public right-of-way;and WHEREAS,the said portion of right-of-way may no longer be necessary;and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby initiates a request for the vacation of an approximately 2.15 acre portion of public right-of-way commonly known as SW Friendly Lane, as more particularly described and shown in Exhibits A and B. SECTION 2: A public hearing is hereby called to be held by the City Council on March 7,2017 at 6:30 p.m. in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard,within the City of Tigard, at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacation of said public right-of-way. SECTION 3 : This resolution is effective immediately upon passage. PASSED: This day of 2017. Mayor-City of Tigard A 1"I'EST: City Recorder-City of Tigard RESOLUTION NO. 17- Page 1 Pacific Community Design EXHIBIT A October 4, 2016 LEGAL DESCRIPTION Job No. 395-041 Right-of-Way Vacation A portion of the Right-of-Way of SW Friendly Lane (County Road No. 3282 Transfer of Jurisdiction), in the Northeast Quarter of Section 6, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, State of Oregon, more particularly described as follows: COMMENCING at the East Quarter Corner of said Section 6; thence along the easterly section line of said Section 6, South 00°00'16" West, a distance of 419.47 feet to a point on the northerly Right-of-Way line of SW Friendly Lane (County Road No. 3282 Transfer of Jurisdiction), being the POINT OF BEGINNING; thence continuing along said section line, South 00°00'16" West, a distance of 45.00 feet to a point on the southerly Right-of-Way line of SW Friendly Lane (County Road No. 3282 Transfer of Jurisdiction); thence along said southerly Right-of-Way line, South 89°17'36" West, a distance of 321.15 feet to an angle point; thence continuing along said southerly Right-of-Way line, North 00°01'51" East, a distance of 417.46 feet to an angle point; thence continuing along said southerly Right-of-Way line, North 46°58'09" West, a distance of 81.33 feet to an angle point; thence continuing along said southerly Right-of-Way line, North 89°46'19" West, a distance of 938.50 feet to a point on the West line of the Southeast Quarter of the Northeast Quarter of said Section 6; thence along said West line, North 00°20'12" East, a distance of 60.00 feet to a point on said northerly Right-of-Way line; thence along said northerly Right-of-Way line, South 89°46'19" East, a distance of 947.19 feet to an angle point; thence continuing along said northerly Right-of-Way line, South 46°58'09" East, a distance of 103.20 feet to an angle point; thence continuing along said northerly Right-of-Way line, South 00°01'51" West, a distance of 6.84 feet to an angle point; Page 1 of 3 12564 SW Main Street,Tigard,OR 97223 • [T] 503-941-9484 [F] 503-941-9485 thence continuing along said northerly Right-of-Way line, South 46°58'09" East, a distance of 27.35 feet to an angle point; thence continuing along said northerly Right-of-Way line, South 00°01'51" West, a distance of 391.44 feet to an angle point; thence continuing along said northerly Right-of-Way line, North 89°17'36" East, a distance of 276.12 feet to the POINT OF BEGINNING. Containing 2.15 acres, more or less. Basis of bearings being Survey No. 32,719, Washington County Survey Records. REGISTERED PROFESSIONAL LAND SURVEYOR '''-. .k LOREGON JULY 9, 2002 TRAVIS C. JANSEN 57751 RENEWS:6/30/2017 Page 2 of 3 Pacific Community Design,Inc. 12564 SW Main Street,Tigard,OR 97223 • [T] 503-941-9484 [F] 503-941-9485 —BOOK 768 /� PAGE 519 SOLLS FERRY ROAD (CR 3110) RIVER TERRACE RIVER TERRACE AREA 3 PARCEL 2N --------010/- ------' ' AREA 3 PARCEL 6 DOCUMENT NO. ROW VACATION DOCUMENT NO. 2012 POINT COMMENCEMENT 4 9 2015-074592 S46'S8'09"E— EAST 1/4 S89'46'19"E 947.19' 103.20' CORNER OF SECTION 6 /' — SW FRIENDLY LANE (CR 3282 T/J) SO0'01'51"W I _// N89'46'19"W 938.50' \ 6.84' S00'20'12"W 1- 0 60.00' N46'58'09"W of in 81.33' — x RIVER TERRACE S46'58'09"E r_ 3 3 vAREA 3 PARCEL 5 27.35' '� io DOCUMENT NO. DOCUMENT NO. p F) b-7 2010-011206 w rn Q 2015-074592 0POB p 0 o N 8 ce No u) x N89'17'36"E w o 276.12' 0 oIVER TERRACE z cc AREA 3 PARCEL 3 t 0 DOCUMENT NO. RIVER TERRACE S89'17'36"W m cc 2015-074592 AREA 3 PARCEL 1 321.15' 3 DOCUMENT NO. N WEST LINE OF THE SE 1/4 2015-074592 � OF THE NE 1/4 OF SO0'00'16"W SECTION 6 45.00' o 0 ,� cp Cn i z z 0 0 PARCEL 2 0 0 i \ PARTITION PLAT NO. V/ Ul 1995-021 `/ o 0 U O 0 0 c 0 D 0 N O m N oe N P f7 EXHIBIT B z RIGHT—OF—WAY VACATION 0 3 DRAWN BY: GPS DATE: 10/4/16 REVIEWED BY: TCJ DATE: 10/4/16 12564 SW Main St Pacific Tigard, OR 97223 PROJECT NO.: 395-041 • a SCALE: 1"=250' Community [T] 503-941-9484 z Design [F] 503-941-9485 PAGE 3 OF 3 71 : . q City of Tigard TIGARD Memorandum 41. To: President Calista Fitzgerald and Planning Commissioners From: Monica Bilodeau,Associate Planner Re: Friendly Lane Vacation,VAC2016-00001 Date: January 23,2017 Proposal Description: The Applicant requests approval of a street vacation for a portion of SW Friendly Lane. The proposed right of way vacation is located within the River Terrace Community Plan and is needed in order to implement two approved Planned Developments; River Terrace East, PDR 2016-00001 and River Terrace East No. 2, PDR 2016-00007 which were both approved by the Planning Commission on June 20, 2016. Site clearing and grading are currently underway. Street improvements to be provided with River Terrace East and River Terrace East No. 2 include the construction of an internal street network that will provide access to future homes. Compliance Review: Staff has found that the proposal is in compliance with the comprehensive plan. The vacation is consistent with the approved Planned Developments, River Terrace East and River Terrace East No. 2, which were both approved by the City on June 20, 2016 and were both found to be compliant with all aspects of the comprehensive plan. The vacation of SW Friendly Lane is needed in order to implement the approved Planned Developments and achieve the residential densities and circulation anticipated by the River Terrace Community Plan. Staff Recommendation: Staff recommends approval of the Friendly Lane Vacation. The subject vacation is proposed to be effective immediately before or concurrent with the Final Plat recording of River Terrace East,PDR 2016-00001. CITY OF TIGARD PLANNING COMMISSION Meeting Minutes January 23,2017 CALL TO ORDER President Fitzgerald called the meeting to order at 7:00 p.m.The meeting was held in the Tigard Civic Center,Town Hall,at 13125 SW Hall Blvd. ROLL CALL Present: President Fitzgerald Vice President Feeney Commissioner Fahr Commissioner Hu Alt. Commissioner Jackson Commissioner Lieuallen Commissioner McDowell Commissioner Middaugh Alt. Commissioner Mooney Commissioner Schmidt Absent: None. Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin,Executive Assistant; Gary Pagenstecher,Associate Planner;Monica Bilodeau,Associate Planner; Kim McMillan,Assistant City Engineer COMMUNICATIONS —None. CONSIDER MINUTES December 5,2016 Meeting Minutes: President Fitzgerald asked if there were any additions, deletions, or corrections to the December 5 minutes; there being none, President Fitzgerald declared the minutes approved as submitted. PUBLIC HEARING FRIENDLY LANE VACATION,VAC2016-00001 REQUEST: The Applicant requests approval of a street vacation for a portion of SW Friendly Lane. The proposed right of way vacation is located within the River Terrace Community Plan and is needed in order to implement two approved Planned Developments;River Terrace East, PDR 2016-00001 and River Terrace East No. 2,PDR 2016-00007 which were both approved by the Planning Commission on June 20,2016. Site clearing and grading are currently underway. Street improvements to be provided with River Terrace East and River Terrace East No. 2 January 23,2017 Page 1 of 8 include the construction of an internal street network that will provide access to future homes. LOCATION: East of SW Roy Rogers Road and south of SW Scholl's Ferry Road. ZONES: R- 4.5: Low-Density Residential District,R-7: Medium-Density Residential District,and R-25: Medium High-Density Residential District.APPLICABLE REVIEW CRITERIA: Tigard Municipal Code Chapter 15.08. Street Vacations. OPEN PUBLIC HEARING President Fitzgerald opened the public hearing and introduced staff Associate Planner,Monica Bilodeau. STAFF REPORT Associate Planner Monica Bilodeau gave a summary of the project. • The proposed right of way vacation is located within the River Terrace Community Plan. • Needed in order to implement the approved Planned Developments;River Terrace East and East No. 2. • Approved by the Planning Commission on June 20,2016 For perspective, she showed an aerial photo of the area that is to be vacated and showed the approved road system under River Terrace East. She called attention to the increased connectivity and said that staff's findings were that there were no anticipated issues with meeting the Comprehensive Plan. Staff has found that the proposal is in compliance with the Comprehensive Plan and that the Vacation is consistent with the approved Planned Developments—River Terrace East, and River Terrace East #2 which were also found to be compliant with all aspects of the Comprehensive Plan. QUESTIONS - None. DELIBERATION After a short deliberation the commissioners were ready to make a recommendation. MOTION FOR RECOMMENDATION OF APPROVAL Commissioner Middaugh made the following motion: I move the Planning Commission forward a recommendation of approval to the City Council of application VAC2016- 00001. Commissioner McDowell seconded the motion. VOTE—All in favor—none opposed. RESULT— MOTION PASSED UNANIMOUSLY PUBLIC HEARING ELDERBERRY RIDGE PLANNED DEVELOPMENT REVIEW(PDR) 2016-00009 SUBDIVISION (SUB) 2016-00007; SENSITIVE LANDS REVIEW (SLR) 2016-00009 January 23,2017 Page 2 of 8 REQUEST: The applicant requests a Planned Development Concept Plan and Detailed Development Plan approval for a 40-lot Subdivision of the 16.74-acre subject property located on the east side of SW 79th Ave, south of the end of SW 76th Ave. Sensitive lands review is requested for steep slopes exceeding 25 percent. The proposal protects 10.75 acres, or 64 percent of the 16.74-acre property in open space tracts. The existing residences and accessory buildings will be removed.By separate application to City Council,a portion of SW 76th Avenue right-of-way within the development site is requested to be vacated. LOCATION: 14775 SW 76th Avenue; 2S112BD Tax Lots: 300, 400, 500, 600, 1500;Tax Map: 2S112CA Tax Lot: 100 ZONES: R-4.5: Low-Density Residential District, R-7: Medium-Density Residential District APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.390, 18.430, 18.510, 18.705, 18.715, 18.745, 18.765, 18.775, 18.790, 18.795 and 18.810. QUASI-JUDICIAL HEARING STATEMENTS President Fitzgerald read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias or conflict of interest. Commissioner Feeney said it wasn't a conflict of interest in his mind, but he wanted to declare that the applicant Riverside Homes is a client of his in other parts of Washington County—not this project. He said he can be very impartial. Ex-parte contacts: None.Visitations: Commissioners Fahr,Hu, Feeney, and Schmidt had visited the site. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT The sta,f f report is available on-line at the City website one week prior to the hearing. Associate Planner Gary Pagenstecher went over the staff report and a PowerPoint presentation (Exhibit A). He brought to their attention a revised comment memo from Engineering (Exhibit B) with changes in yellow that affect the conditions. He reviewed the findings regarding the concept plan and the detailed plan. STAFFS RECOMMENDATION Staff recommends that Planning Commission find that the proposed Planned Development Concept Plan, Detailed Plan, Subdivision, and Sensitive Lands Review will not adversely affect the health, safety and welfare of the City and meet the Approval Standards as outlined in Section VI of the staff report. Therefore, Staff recommends approval, subject to the Conditions of Approval. APPLICANT'S PRESENTATION Ken Sandblast,Westlake Consultants on behalf of the applicant, gave a description of the property owned by the Cornutt family. It's approximately 16 '/2 acres,including 10 '/2 acres of open space. They've owned the property for a number of decades. It's been primarily used as farming property for livestock. Fanno Creek runs through a portion of it on the N/E corner so one of the things they wanted to be sensitive to was Fanno Creek. He said they took into account the number of natural resource areas - the 100-year floodplain—a delineated wetland area—special setbacks from Fanno Creek itself—open space that has a substantial amount of January 23,2017 Page 3 of 8 trees on it that is not quite as committed to farming and provides a lot of opportunity to look at, do some mitigation, and enhancement of that existing vegetation. He noted that regarding the improvements to 76th,it can be confusing because it is both the half street and the full street and that's uncommon. The 76th Right-of-Way (ROW) extends through the whole property but they're only improving a portion of a full street and actually enlarging the ROW by adding an "eyebrow" to it. So there will be full street improvements and in fact widening it a little bit for 76th in that area. He said they needed to connect those streets and noted that they'd had the required neighborhood meeting. There were 20—30 people present at that hour long+ meeting. He said there's always concern when a large property is going to be developed. Over the course of the hour or so, as people began to understand that 2/3 of the property was being retained as open space, and was likely going to be in public ownership,it quelled a lot of their concerns. The other concern was traffic. They had a discussion about the various types of things that could be done and by the end of the meeting most people understood. Regarding the Conditions of Approval—they accept the conditions of approval as noted by Gary Pagenstecher. He said staff has done a great job. The fact that they can accept this is a tribute to staff and they're happy we're able to do that. He went on to address connectivity and configuration of the streets. TESTIMONY IN FAVOR—Jeff Cornutt, 14775 SW 76th, the owner of the property said he'd lived there since the year 2000 and grew up on the property as a child. His grandfather and dad had purchased the farm in 1978. They'd lived there 39 years and have had a wonderful life there. He spoke about the uniqueness of the property and the animals and the fact that it's been a tremendous private asset to his family. He said he believed the plan in front of the commission is a good plan. The floodplain will be fantastic for his kids and generations to come—the Fanno Creek trail on Scholls Ferry is a wonderful place and that this will extend that. It's going to make it a community asset. It will be a place where people can go and take their kids to see geese and ducks and someday maybe even the Salmon will run up Fanno Creek again. He went on to say he's very much in favor of this plan. He loves the City of Tigard and does not plan to leave. His parents moved here in 1972 and this is his home. TESTIMONY IN OPPOSITION — Roberto Soto 7768 SW Hansen Lane,Tigard lives next door to the property. He said he's really not in opposition to the plan at all;he believes it's actually going to enhance the area. His only concern is that Hansen Lane is a connection of 76th and that people will likely cut through there because of it. He said there are lots of children on his street and he wishes this connection wasn't the case because of the potential cut-through traffic;everything else is great about the project. President Fitzgerald reminded Mr. Soto that staff and the applicant had touched on the fact that anyone could go to traffic advisory and ask for [speed bump type] "traffic pillows" —the type that fire trucks can get through - to help with the traffic if,in reality,it does become an issue. But, she said that is not part of what we, the Planning Commission, can weigh in on this case. Mr. Soto indicated he realized that, and that he'd almost withdrawn his name for testifying in opposition because of it. He's actually in favor of the plan. QUESTIONS OF THE APPLICANT OR STAFF January 23,2017 Page 4 of 8 Commissioner Lieuallen asked about "hammerhead" streets, and the fact that they only allow parking on one side of the road. "Why doesn't the City just require streets to be 32 feet, so that parking can be allowed on both sides of the road?" Assistant City Engineer, Kim McMillan, came up to explain the standards in Code 18.810. She noted the standards had been in place a long, long time. She wasn't sure how,in the code, they came to have six different street sections for local streets and also a private street. They're usually based on trips, so if you have a street with fewer trips, you can reduce the section. She said she would prefer all streets be 32 feet wide—mainly for the parking, the maneuvering and the fire trucks;however, they can show an option for a smaller one and then allow parking on just one side—and some have no parking at all; since it's in the code, they can allow it. It's something that if they want to change, they'd need to change it through the code. The private street is only required to be 20'wide, and then there's no parking—but that's on paper—and then staff gets the phone calls later. So it's simply a code issue that both Engineering and Planning would like to revisit for various reasons—impervious area impacts, to storm water, parking, etc. Commissioner Middaugh: "In the report there's mention of a 60-inch Douglas Fir tree that the City had wanted to retain. Is that still the case?Yes,it is a condition of approval to retain that tree (Condition 7). APPLICANT'S REBUTTAL—Ken Sandblast said he appreciated the comments from the gentleman who lives next door, and also Mr. Cornutt's. He noted that to approve this application and help with the restoration of Fanno Creek - how could this not be for the better? The public doesn't get an opportunity like this to make something that much better with such an easy approval. He said that's not so much rebuttal, but just something he wanted to point out. PUBLIC HEARING CLOSED DELIBERATION ON CONCEPT & DETAILED PLAN • Staff already answered any questions I had. I'd also like to mention that a smaller street is also somewhat traffic calming. By nature,if you have a smaller street—parking on the side—people are going to drive a little slower, so that might help to address some of those neighborhood traffic concerns. Overall, I think the hammerhead is a good option. • I've driven over Bonita many times and never veered off so I haven't actually seen this area, but from what I can tell with the detailed plan that's presented to us, I think it fits well with the existing neighborhoods, so I have no complaints—I think it's good. • I like the plan overall—the only thing that gives me pause is the hammerhead configuration, and I frankly like the original plan much better with the cul-de-sac turnaround in the center- but as the applicant has indicated,with the constraints - and if this is allowed under the current code, I don't think I have a basis for objection, so I will agree with it. • If I was on this Hansen Lane or on the existing portion of 78th I would expect that there will be more traffic than I'd been used to at this point—and I wouldn't love that—but I January 23,2017 Page 5 of 8 would have known that it would be coming. The other thing— the open space— absolutely fantastic! I didn't raise my hand as to having visited the site, but when I started thinking about the horses in the muck, then I went, "Oh yeah—that property!" And it is just a mud-bog on a hillside running right into the creek. So this is going to be great—it'll be restored and we'll be filtering that water before it hits the creek and that will be nice and something that we preserve. • I believe this is a hidden gem that's tucked into Tigard. I really appreciate that the developer has taken some time to come up with a plan that aligns with the connectivity goals that the city has for multimodal transportation. Having access to the open space through the neighborhood is going to be a real asset to the community. At this point, with the conditions and the edits that have been made today, I don't have any significant concerns with what's before us at this time. CONCEPT PLAN MOTION Commissioner McDowell made the following motion: "With regard to the Concept Plan, I move for approval of application PDR2016-00009; SUB2016-00007; SLR2016-00009; and findings and conditions of approval contained in the staff report. The motion was seconded by Commissioner Schmidt. VOTE—All in favor, none opposed. MOTION TO APPROVE CONCEPT PLAN PASSES UNANIMOUSLY DETAILED PLAN MOTION Commissioner Middaugh made the following motion: "I move for approval of PDR2016-00009; SUB2016-00007; SLR2016-00009. This is for the Detailed Development Plan -with the following exceptions. Four amendments to the Conditions of Approval: 1. Prior to site work the applicant shall submit a revised site plan demonstrating all ground disturbance is a minimum 25' from the delineated wetland boundary. 2. Prior to issuance of permits, the applicant shall provide an Army Corps of Engineers approval of the detention facilities to the Engineering Department. 3. Delete Condition #39. 4. Regarding Condition 13 - change the sentence so that 'full street improvements' is struck from the condition, and then letter "E" of#13—the last sentence should say 'in addition, the applicant shall extend sidewalk north to connect to existing sidewalk'." The motion was seconded by Commissioner Feeney January 23,2017 Page 6 of 8 VOTE -All in favor,none opposed. MOTION TO APPROVE DETAILED PLAN PASSES PUBLIC HEARING SW 76th AVENUE VACATION,VAC2016-00002 REQUEST: The Applicant requests approval of a street vacation for a 3,485 square foot portion of SW 76th Avenue. LOCATION: South of Bonita Road at the terminus of the currently improved right-of-way. The applicant has applied for Planned Development Review (PDR2016-00009) for a 40-lot subdivision and has included the proposed vacation into the development plans as Lots 16 and 17. The proposed vacation is addressed in the findings for the Staff Report and recommendation to approve the proposed Elderberry Ridge Planned Development. STAFF REPORT Associate Planner Gary Pagenstecher referred to a memo dated January 23 where staff had found that the proposal is in compliance with the Tigard Comprehensive Plan and Development Code. The proposed Vacation is addressed in the findings in the Staff Report and recommendation to approve the proposed Elderberry Ridge Planned Development,which is also before you this evening and includes the following condition of approval: 6. Prior to any site work, the applicant shall submit the results of the City Council's decision on the applicant's 76th Avenue Street Vacation request. Provided the City Council grants the proposed Vacation of a 3,485 square foot portion of SW 76th Avenue right-of-way,proposed lots 16 and 17 can be approved as proposed. However,if the street vacation is not granted by Council, the applicant shall revise the preliminary plat to show the existing right-of-way and to reconfigure the lots accordingly. Staff recommends approval of the proposed SW 76th Avenue Vacation. The subject Vacation is proposed to be effective immediately before or concurrent with the Final Plat recording of Elderberry Ridge,PDR 2016-00009. DELIBERATION After a very short deliberation the commission was ready to make a motion. MOTION FOR RECOMMENDATION OF APPROVAL Commissioner Feeney made the following motion: "I move the Planning Commission forward a recommendation of approval to the City Council of application VAC2016- 00002." Commissioner Middaugh seconded the motion VOTE: All in favor, none opposed MOTION PASSES UNANIMOUSLY January 23,2017 Page 7 of 8 OTHER BUSINESS President Fitzgerald let the commissioners know that Commissioner Gary Jelinek had resigned from the commission due to time constraints, and that there was now an opening for a full voting commissioner. She said non-voting Alternate Commissioner Nathan Jackson will be considered to fill this position. It will need to be approved by the Mayor and Council. There was a discussion about making motions. The request was made that,particularly when there will be many changes that are known about ahead of time by staff, such as this evening, that staff put together ahead of time a template motion for the commissioners should they decide to move for approval or recommendation for approval. Vice President Feeney suggested that the commissioners could also discuss the language of a potential motion during the deliberations so that it doesn't happen in the middle of the actual motion. It should be written down clearly. OFFICER ELECTIONS Commissioner Feeney nominated President Fitzgerald to continue as president, seconded by Commissioner Middaugh. There were no other nominations. A vote was taken, and the motion unanimously passed. Commissioner Schmidt nominated Commissioner Feeney to return as Vice President. Commissioner Middaugh seconded the nomination. No other nominations. The motion was voted on and unanimously passed. Both President Fitzgerald and Vice President Feeney accepted the additional two-year term. RESULT OF ELECTION President Fitzgerald and Vice President Feeney will serve two more years. [Per the Planning Commission bylaws, officer elections take place every odd year;the next election will take place in 2019. ADJOURNMENT President Fitzgerald adjourned the meeting at 8:45 p.m. Doreen Laughlin,Planning Commission Secretary A!TEST: President Fitzgerald January 23,2017 Page 8 of 8 NARRATIVE & COMPLIANCE REPORT VACATION OF A PORTION OF SW FRIENDLY LANE TABLE OF CONTENTS I. PROPOSAL SUMMARY 2 REQUEST Et PROJECT DESCRIPTION 2 II. TIGARD MUNICIPAL CODE 3 15.08 STREET VACATIONS 3 15.08.050 PREPETITION CONFERENCE REQUIRED- REQUEST FOR PETITION FORM. 3 15.08.060 NOTICE OF INTENT TO FILE VACATION PETITION- NOTICE TO INTERESTED PARTIES 3 15.08.070 VACATION PETITION, BOUNDARIES AND REQUIRED LEGAL DOCUMENTS 3 15.08.080 PREPETITION REQUIREMENTS-STAFF REVIEW 3 15.08.130 COUNCIL ACTION-APPROVAL STANDARDS- CONDITIONS PAYMENT OF TAXES 7 III. OREGON ADMINISTRATIVE RULE (ORS) 271 8 271.080 VACATION IN INCORPORATED CITIES; PETITION; CONSENT OF PROPERTY OWNERS 8 IV. CONCLUSION 9 LIST OF EXHIBITS A SIGNED PETITION, PETITION EXHIBITS a PROPERTY OWNERSHIP INFO B LEGAL DESCRIPTION AND SKETCH Vacation of a portion of SW Friendly Lane Pacific Community Design, Inc. 10/5/2016 Page 1 I. PROPOSAL SUMMARY GENERAL INFORMATION Applicant: Polygon WLH, LLC 109 E 13th Street Vancouver, WA 98660 (360) 695-7700 Contact: Fred Gast Applicant's Representative: Pacific Community Design, Inc. 12564 SW Main Street Tigard, OR 97223 (503) 941-9484 Contacts: Stacy Connery, AICP Patrick Espinosa, PE Travis Jansen, PLS Subject Site: SW Friendly Lane ROW within "River Terrace East" (see Exhibit B) REQUEST $ PROJECT DESCRIPTION The Applicant requests approval of a Street Vacation for a portion of SW Friendly Lane. Exhibit B is a legal description and sketch that depicts the area of the proposed vacation. This area is part of the River Terrace Community Plan. The proposed Right of Way Vacation is needed for the Planned Development of "River Terrace East" and "River Terrace East No. 2", which were both approved by the City on June 20, 2016 as PDR 2016-00001 Et PDR 2016-00007, respectively. Site clearing and grading are underway. Construction of public improvements will begin upon approval of construction plans and issuance of permits. Street improvements to be provided with River Terrace East Et River Terrace East No. 2 include the construction of an internal street network that will provide access to future homes. The subject vacation is proposed to be effective immediately before or concurrent with the Final Plat recording of "River Terrace East." The vacation of SW Friendly Lane is needed in order to implement the approved Planned Developments and achieve the residential densities and development anticipated by the River Terrace Community Plan. Compliance with applicable sections of the City of Tigard Municipal Code for a Street Vacation are addressed in Section II of this Narrative. Section III addresses compliance with ORS 271. Vacation of a portion of SW Friendly Lane Pacific Community Design, Inc. 10/5/2016 Page 2 IL TIGARD MUNICIPAL CODE CHAPTER 15.08 STREET VACATIONS. 15.08.050 PREPETITION CONFERENCE REQUIRED—REQUEST FOR PETITION FORM. Response: A prepetition conference occurred on March 21, 2016. 15.08.060 NOTICE OF INTENT TO FILE VACATION PETITION — NOTICE TO INTERESTED PARTIES. Response: A notice of intent to file a vacation petition was filed with the Recorder on April 26, 2016. The City of Tigard mailed the notice of intent to all interested parties on June 21, 2016. The 30-day comment period ended on July 21, 2016. 15.08.070 VACATION PETITION, BOUNDARIES AND REQUIRED LEGAL DOCUMENTS. Response: A Legal Description and Sketch are attached as Exhibit B. A copy of the signed Vacation Petition is included in this application as Exhibit A. 1 5.08.080 PREPETITION REQUIREMENTS— STAFF REVIEW. (a) The application shall be presented to the Recorder who shall not accept incomplete applications. (b) A complete application shall include: (1) A completed petition consenting to the vacation which is signed by all abutting property owners and the property owners of not less than two-thirds of the property affected as provided by ORS 271.08(2); (2) A fee deposit as required by Section 15.08.160 of this chapter; (3) Each legal instrument required by the Director of Public Works which is signed by all required persons; and (4) A certificate showing that all City liens and all taxes have been paid on the land covered by the petition in the case of a vacation of a plat or a portion thereof; (5) A report from a title company indicating the name and address of all persons holding an interest in the abutting property and affected property. (c) The petition shall: (1) Set forth a description of the ground proposed to be vacated; (2) State the purpose for which the ground is proposed to be used; (3) State the reason for the vacation; and (4) Contain the notarized signatures required by ORS 271.080 (2). (Ord. 85-01 S1(Exhibit A(part)),1985). Response: Exhibit A includes a copy of the signed petition with an attached map and list that demonstrates the areas of proposed vacation, and the abutting properties and real property affected thereby. A check (#070919) in the amount of $2,657.00 was submitted to the City on April 22, 2016 for the vacation of Friendly Lane. The Title Report submitted to the City on June 8, 2016 demonstrates that all City liens and Vacation of a portion of SW Friendly Lane Pacific Community Design, Inc. 10/5/2016 Page 3 taxes have been paid on the land covered by the petition. The names and addresses of adjacent property owners were obtained from a title company and is included as Exhibit A. 15.08.90 REQUIRED REPORTS Planning Director's Report. (1) The Planning Director shall prepare a report which includes a recommendation to approve, approve with conditions or deny the petition which shall be submitted to the Planning Commission as provided by Section 15.08.100 of this chapter for a recommendation by the Planning Commission. (2) The recommendation shall be based on findings of compliance or noncompliance with the comprehensive plan. (3) The recommended conditions of approval, if any, shall be those conditions necessary to carry out the comprehensive plan. Response: Map 14: Transportation Improvements of the River Terrace Community Plan recommended a Neighborhood Route along a portion of the existing Friendly Lane ROW. The approved plan for "River Terrace East" includes ROW dedication for the planned Neighborhood Route and the planned Collector (River Terrace Boulevard). The location of the Neighborhood Route and associated local streets do not directly coincide with the existing SW Friendly Lane ROW. The vacation is proposed in order to achieve an efficient lot layout that achieves the planned and approved densities for the site within the River Terrace Community Plan, and is supported by the following Goals Et Policies of the Comprehensive Plan: • Goal 11, "To plan and develop a timely, orderly, and efficient arrangement of public facilities and services to serve as a framework for urban and rural development." • Goal 12.1, "Develop mutually supportive land use and transportation plans to enhance the livability of the community." o Policy 1, "The City shall plan for a transportation system that meets current community needs and anticipated growth and development." • Goal 12.2, "Develop and maintain a transportation system for the efficient movement of people and goods." o Policy 2, "The City shall manage the transportation system to support desired economic development activities." The proposed development of "River Terrace East" is in process of being cleared and graded. As soon as permits are issued for construction of public improvements, installation of pipes will begin. All public infrastructure and streets are expected to be in and available to serve the proposed development prior to homes being sold and Vacation of a portion of SW Friendly Lane Pacific Community Design, Inc. 10/5/2016 Page 4 occupied. By timing the vacation to occur concurrently with or just prior to the final plat recording of "River Terrace East", the street vacation will maintain compliance with the City's Comprehensive plan, the River Terrace Community Plan and the Transportation System Plan by providing for timely, orderly and efficient provision of public facilities in River Terrace. (b) Public Works Director Report. (1) The Public Works Director shall prepare a report which includes a recommendation to approve, approve with conditions or deny the petition which shall be submitted to the Council as provided by Section 15.08.130 of this chapter. (2) The recommendation shall be based on findings of: (A) The effect on: (i) Traffic, pedestrian and bicycle circulation; (ii) The provision of fire and police service as related to increasing response time; (iii) Drainage; (iv) The provision of utilities; Response: The road proposed to be vacated, SW Friendly Lane, is unimproved and was only being used as driveway and utility access to homes that existed as the "River Terrace East" site, but have since been demolished. The proposed "River Terrace East" plat and development will provide roads and utilities in a manner that adequately serves the proposed development. Utility providers have been notified and provided the opportunity for comment. Utility poles and lines that served existing homes have been removed in order to construct the proposed development. The utility poles and lines associated with the PGE substation, which is located west of the proposed vacation area, will remain within an easement that will be established with the final plat for "River Terrace East". PGE access to the substation from Roy Rogers Road will be unaffected by vacation of the subject Right-of-Way. (B) Compliance with the comprehensive plan, transportation element; Response: Map 14: Transportation Improvements of the River Terrace Community Plan recommended a Neighborhood Route that aligned with a portion of the SW Friendly Lane Right-of-Way. The approved plan for "River Terrace East" includes Right-of-Way dedication for the planned Neighborhood Route and the planned Collector (River Terrace Boulevard). The proposed location of the Neighborhood Route and associated local streets do not directly coincide with the existing SW Friendly Lane Right-of-Way. The vacation is proposed in order to achieve an efficient lot layout that achieves the planned and approved densities for the site within the River Terrace Community Plan, and is supported by the following Goals £t Policies of the Comprehensive Plan: Vacation of a portion of SW Friendly Lane Pacific Community Design, Inc. 10/5/2016 Page 5 • Goal 11, "To plan and develop a timely, orderly, and efficient arrangement of public facilities and services to serve as a framework for urban and rural development." • Goal 12.1, "Develop mutually supportive land use and transportation plans to enhance the livability of the community." o Policy 1, "The City shall plan for a transportation system that meets current community needs and anticipated growth and development." • Goal 12.2, "Develop and maintain a transportation system for the efficient movement of people and goods." o Policy 2, "The City shall manage the transportation system to support desired economic development activities." The proposed development of "River Terrace East" is in process of being cleared and graded. As soon as permits are issued for construction of public improvements, installation of pipes will begin. All public infrastructure and streets are expected to be in and available to serve the proposed development prior to homes being sold and occupied. By timing the vacation to occur concurrently with or just prior to the final plat recording of "River Terrace East", the street vacation will maintain compliance with the City's Comprehensive plan, the River Terrace Community Plan and the Transportation System Plan by providing for timely, orderly and efficient provision of public facilities in River Terrace. (C) Compliance with the capital improvements program. Response: This area is a part of the River Terrace Community Plan. The proposed Right-of-Way Vacation is specifically needed for the Planned Development of "River Terrace East" and "River Terrace East No. 2", which were approved by the City's Planning Commission. Transportation improvements identified on Map 14 of the River Terrace Community Plan and the Transportation System Plan Addendum are included in the City of Tigard's Capital Improvements Plan. The proposed vacation as described herein complies with the City's capital improvements program, as it further enables the construction of a planned Neighborhood Route and a Collector. (3) The recommended conditions of approval, if any, shall be those conditions necessary to protect the public interest. (Ord. 85-01 S1(Exhibit A(part)), 1985). Response: The proposed vacation will be subject to any conditions of approval as determined by the Public Works Director. Vacation of a portion of SW Friendly Lane Pacific Community Design, Inc. 10/5/2016 Page 6 15.08.130 COUNCIL ACTION—APPROVAL STANDARDS—CONDITIONS PAYMENT OF TAXES. (a) The Council shall hold the public hearing and it shall approve, approve with conditions or deny the petition in whole or in part by ordinance based on finding that: (1) The consent of the owners of the requisite area have been obtained or the provisions of Section 15.08.040 (2) of this chapter have been satisfied; Response: Consent of the property owners of the requisite area (all abutting properties and two thirds of the real property affected thereby) have been obtained, as evidenced by the signed petition in Exhibit A. (2) Proper notice has been given as required by Section 15.08.120 of this chapter; Response: The City of Tigard mailed the notice of intent to all interested parties on June 21, 2016 in accordance with Section 15.08.120 of this chapter. The 30-day comment period ended on July 21, 2016. (3) The public interest will not be prejudiced by the vacation; and Response: As demonstrated in Section 15.08.090.b above, the road proposed to be vacated, SW Friendly Lane, is unimproved and was only being used as driveways to homes that have since been demolished. The portion of SW Friendly Lane to the west in not proposed to be vacated as it is used by PGE to access their substation from Roy Rogers Road. Therefore, the public interest will not be prejudiced by the vacation. (4) A certificate showing that all City liens and all taxes have been paid on the land covered by the petition has been filed with the Recorder in the case of a vacation of a plat or a portion thereof. Response: The Title Report provided to the City on June 8, 2016 demonstrates that all City liens and taxes have been paid on the land covered by the petition. (b) The Council findings shall be based on: (1) The petition; (2) The public testimony; (3) The recommendation of the Planning Commission; (4) The report of the Public Works Director; (5) The letters submitted by utility providers and interested parties; and (6) A report by the City Engineer regarding the payment of taxes, liens, and fees. Response: This right-of-way application Et narrative demonstrates compliance with Chapter 15.08 of the Tigard Municipal Code and is subject to The Council's findings based on the above (15.08.130.b.1-6). Vacation of a portion of SW Friendly Lane Pacific Community Design, Inc. 10/5/2016 Page 7 (c) The conditions of approval may pertain to: (1) The maintenance and use of underground public utilities of service facilities in the vacated portion; (2) Limitations on the use of the area above and adjacent to underground utilities or service facilities; (3) Moving at petitioner's expense the utilities or services either below, on, or above the surface; (4) Construction, extension or relocation of sidewalks and curbs; (5) Grading or pavement extensions; (6) Dedication for street use of other area in lieu of the area to be vacated; (7) The posting of a performance bond to assure that all work shall be completed; and (8) Any other matter relating to the vacation which is necessary to protect the public or adjoining property owners or to carry out the comprehensive plan. (Ord. 85-01 §1(Exhibit A(part)), 1985). Response: The Applicant understands that the City Council may apply conditions of approval if they are determined to be necessary. III. OREGON ADMINISTRATIVE RULE (ORS) 271 271.080 VACATION IN INCORPORATED CITIES; PETITION; CONSENT OF PROPERTY OWNERS (1) Whenever any person interested in any real property in an incorporated city in this state desires to vacate all or part of any street, avenue, boulevard, alley, plat, public square or other public place, such person may file a petition therefor setting forth a description of the ground proposed to be vacated, the purpose for which the ground is proposed to be used and the reason for such vacation. (2) There shall be appended to such petition, as a part thereof and as a basis for granting the same, the consent of the owners of all abutting property and of not less than two-thirds in area of the real property affected thereby. The real property affected thereby shall be deemed to be the land lying on either side of the street or portion thereof proposed to be vacated and extending laterally to the next street that serves as a parallel street, but in any case not to exceed 200 feet, and the land for a like lateral distance on either side of the street for 400 feet along its course beyond each terminus of the part proposed to be vacated. Where a street is proposed to be vacated to its termini, the land embraced in an extension of the street for a distance of 400 feet beyond each terminus shall also be counted. In the vacation of any plat or part thereof the consent of the owner or owners of two-thirds in area of the property embraced within such plat or part thereof proposed to be vacated shall be sufficient, Vacation of a portion of SW Friendly Lane Pacific Community Design, Inc. 10/5/2016 Page 8 except where such vacation embraces street area, when, as to such street area the above requirements shall also apply. The consent of the owners of the required amount of property shall be in writing. Response: This application is a petition for vacation of a portion of Friendly Lane, as depicted on the attached legal description and sketch (see Exhibit B). This Narrative describes the purpose of the proposed street vacation. Exhibit A includes a copy of the signed petitions with an attached map and list that demonstrates the areas of proposed vacation, and the abutting properties and real property affected thereby. The petition has been signed by all owners of abutting property, who are also the owners of more than two-thirds (2/3) of real property affected thereby. IV. CONCLUSION This narrative and the attached exhibits demonstrate compliance with the applicable provisions of the City of Tigard Municipal Code and ORS 271. Therefore, the Applicant respectfully requests approval of the proposed street vacation. Vacation of a portion of SW Friendly Lane Pacific Community Design, Inc. 10/5/2016 Page 9 Pacific Community Design EXHIBIT A October 4, 2016 LEGAL DESCRIPTION Job No. 395-041 Right-of-Way Vacation A portion of the Right-of-Way of SW Friendly Lane (County Road No. 3282 Transfer of Jurisdiction), in the Northeast Quarter of Section 6, Township 2 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County, State of Oregon, more particularly described as follows: COMMENCING at the East Quarter Corner of said Section 6; thence along the easterly section line of said Section 6, South 00°00'16" West, a distance of 419.47 feet to a point on the northerly Right-of-Way line of SW Friendly Lane (County Road No. 3282 Transfer of Jurisdiction), being the POINT OF BEGINNING; thence continuing along said section line, South 00°00'16" West, a distance of 45.00 feet to a point on the southerly Right-of-Way line of SW Friendly Lane (County Road No. 3282 Transfer of Jurisdiction); thence along said southerly Right-of-Way line, South 89°1736" West, a distance of 321.15 feet to an angle point; thence continuing along said southerly Right-of-Way line, North 00°01'51" East, a distance of 417.46 feet to an angle point; thence continuing along said southerly Right-of-Way line, North 46°58'09" West, a distance of 81.33 feet to an angle point; thence continuing along said southerly Right-of-Way line, North 89°46'19" West, a distance of 938.50 feet to a point on the West line of the Southeast Quarter of the Northeast Quarter of said Section 6; thence along said West line, North 00°20'12" East, a distance of 60.00 feet to a point on said northerly Right-of-Way line; thence along said northerly Right-of-Way line, South 89°46'19" East, a distance of 947.19 feet to an angle point; thence continuing along said northerly Right-of-Way line, South 46°58'09" East, a distance of 103.20 feet to an angle point; thence continuing along said northerly Right-of-Way line, South 00°01'51" West, a distance of 6.84 feet to an angle point; Page 1 of 3 12564 SW Main Street,Tigard,OR 97223 ♦ [T] 503-941-9484 [F] 503-941-9485 thence continuing along said northerly Right-of-Way line, South 46°58'09" East, a distance of 27.35 feet to an angle point; thence continuing along said northerly Right-of-Way line, South 00°01'51" West, a distance of 391.44 feet to an angle point; thence continuing along said northerly Right-of-Way tine, North 89°17'36" East, a distance of 276.12 feet to the POINT OF BEGINNING. Containing 2.15 acres, more or less. Basis of bearings being Survey No. 32,719, Washington County SurveyRecords. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 9, 2002 TRAVIS C. JANSEN 57751 RENEWS: 6/30/2017 Page 2 of 3 Pacific Community Design,Inc. 12564 SW Main Street,Tigard,OR 97223 ♦ [1]503-941-9484 [F]503-941-9485 / BOOK 768ii PAGE 519 / S S HCW OLLS FERRY ROAD (CR 3110) RIVER TERRACE RIVER TERRACE AREA 3 PARCEL 2N ______- lee- AREA 3 PARCEL 6 DOCUMENT NO. '111 5-07POINT F ROW VACATION DOCUMENT NO. POINT OF- 2 2015-074592 201 COMMENCEMENT S46'58'09"E— EAST 1/4 S89°46'19"E 947.19' 103.20' CORNER OF — SECTION 6 I _/L/' SW FRIENDLY LANE (CR 3282 T/J) 65084 1'51"W N89'46'19"W 938.50' \ i. 500'20'12 W 0 60.00' N46'58'09"W a; 1nZT- 81.33' 1.0 x RIVER TERRACE S46'58'09"E _� AREA 3 PARCEL 5 DOCUMENT NO. 27.35' d' Fn ' `o 2010-011206 DOCUMENT NO. ,u o a, o a 2015-074592o M POB o O „7, s o rx o N89'17'36"E -"- Li z 276.12' o0 RIVER TERRACE _ AREA 3 PARCEL 3 DOCUMENT NO. RIVER TERRACE 589'17'36"W N o, ce 2015-074592 AREA 3 PARCEL 1 321.15' DOCUMENT NO. N WEST LINE OF THE SE 1/4 2015-074592 cs! �/-•48 OF THE NE 1/4 OF S00°00'16"W a SECTION 6 45.00' t 0 co m u-i z z m \ 0 0 I I .7- PARCEL 2 0 0 PARTITION PLAT NO. v U, m 1995-021 0 u a > O c 6 2- -0 D c N LE O 0) N 0. 4) a M O N LD EXHIBIT A RIGHT-OF-WAY VACATION 0O 0 3 $ DRAWN BY: GPS _ DATE: 10/4/16 0. REVIEWED BY: TCJ _ DATE: 10/4/16 12564 SW Main St Pacific Tigard, OR 97223 PROJECT NO.: 395-041 T 503-941-9484 Community [ ] SCALE: 1"=250' z Design [F] 503-941-9485 PAGE 3 OF 3 „,,g1,-.- siigc„::11,-!it ',;h,-*-.:ef.•4.• ,,-;,4,.-it'' ,„ii ......._, ... - , - ._ . . - . .,-. . .._,....,„_. . sms,,,,•:, . ' ,7;401. ;.,,,.- .4.:-..-: . . . , Friendly Ln . ....Nv , ...• • . .......------- - .... ROW Vacation ._, . ......., .. ....„__.... . -_._._----_,-_-_----7-.....-:----- , -. _--. _ _ . se,eLt_saz-g) -;:. •,.. 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' ...4.$„. -... . . AIS-2904 5. Business Meeting Meeting Date: 02/14/2017 Length (in minutes): 10 Minutes Agenda Title: CONSIDER RESOLUTION TO INITIATE VACATION PROCEEDINGS FOR A PORTION OF RIGHT OF WAY ON SW 76TH AVENUE Prepared For: Kim McMillan, Public Works Submitted By: Carol Krager, Central Services Item Type: Resolution Meeting Type: Council Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Shall the City of Tigard initiate vacation proceedings and set a public hearing date to consider vacation of a portion of SW 76th Avenue right of way? STAFF RECOMMENDATION / ACTION REQUEST Initiate the vacation proceedings for SW 76th Avenue (VAC2016-00002). KEY FACTS AND INFORMATION SUMMARY The petitioner, Riverside Homes, requests approval of right of way vacation for a 3,485 square foot portion of SW 76th Avenue. The vacation request (VAC2016-00002) is a separate action but related to the Elderberry Ridge Planned Development Review (PDR2016-00009). The Elderberry Ridge Planned Development Review (PDR2016-00009) received Planning Commission approval on January 23, 2017. On the same date, Planning Commission voted to recommend approval of the vacation request to council. See attached for details. The future extension of SW 76th Avenue is not feasible due to existing wetlands and sensitive lands associated with Fanno Creek. The applicant is proposing vacation of only a portion (3,485 square feet) of the public right of way for SW 76th Avenue. This will allow for development of the subject property. A condition of approval of PDR2016-00009 requires the applicant to provide access for construction of and pedestrian access to the future Fanno Creek Trail segment from Bonita Road to the Tualatin River. This access must be provided if vacation of the right of way is approved. OTHER ALTERNATIVES Take no action at this time. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS None. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Resolution PC Memo PC Recommendation Petitioners request Vacation Map Legal Description CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- A RESOLUTION INITIATING VACATION PROCEEDINGS TO VACA 1'h A PORTION OF PUBLIC RIGHT-OF-WAY ON SW 76Th AVENUE WHEREAS, an approximately 3,485 square foot portion of SW 76th Avenue had previously been dedicated to the public;and WHEREAS, the applicant has requested that the City of Tigard initiate Vacation proceedings to vacate this portion of public right-of-way;and WHEREAS,the said portion of right-of-way may no longer be necessary;and WHEREAS, the Tigard City Council finds it appropriate to initiate Vacation proceedings for the requested public right-of-way. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council hereby initiates a request for the vacation of a 3,485 square foot portion of public right-of-way commonly known as SW 76th Avenue, as more particularly described and shown in Exhibits A and B. SECTION 2: A public hearing is hereby called to be held by the City Council on March 7, 2017 at 6:30 p.m.in the Town Hall at Tigard City Hall, 13125 SW Hall Boulevard,within the City of Tigard,at which time and place the Council will hear any objections thereto and any interested person may appear and be heard for or against the proposed vacation of said public right-of-way. SECTION 3: This resolution is effective immediately upon passage. PASSED: This day of 2017. Mayor-City of Tigard A I"1'EST: City Recorder-City of Tigard RESOLUTION NO. 17- Page 1 EXHIBIT A ELDERBERRY PROJECT NO. 1306-006 OCTOBER, 5,2016 i SW 76TH AVENUE-VACATION DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 21, TOWNSHIP 2 SOUTH,RANGE 1 WEST,OF THE WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD,COUNTY OF WASHINGTON, STATE OF OREGON,THE BOUNDARIES OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT ALONG THE EAST RIGHT-OF-WAY LINE OF SW 76TH AVENUE,WHICH BEARS SOUTH 0°21'27" WEST, 118.8 FEET,MORE OR LESS,FROM THE NORTHWEST CORNER OF LOT 52 "DURHAM ACRES", SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY OF,FUTURE, SW HANSEN LANE; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE SOUTH 0°21'27" WEST,96.7 FEET, MORE OR LESS, TO THE NORTH LINE OF FUTURE,OPEN SPACE,TRACT"A"; THENCE ALONG SAID NORTH LINE,NORTH 89°52'02" WEST,40.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF SW 76TH AVENUE; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE NORTH 0°21'27"EAST, 84.5 FEET, MORE OR LESS,TO SAID SOUTHERLY RIGHT-OF-WAY OF,FUTURE, SW HANSEN LANE BEING A POINT ON A NON-TANGENT 47.00 FOOT RADIUS CURVE,A RADIAL LINE THROUGH WHICH BEARS SOUTH 9°35'23" WEST,MORE OR LESS; THENCE ALONG SAID CURVE, TO THE LEFT,THROUGH AN ANGLE OF 52°54'43", MORE OR LESS,THE CHORD OF WHICH BEARS NORTH 73°08'00"EAST 41.88 FEET, MORE OR LESS,AN ARC LENGTH OF 43.40 FEET TO THE POINT OF BEGINNING. CONTAINING 3,485 SQUARE FEET,MORE OR LESS. BEARINGS ARE BASED ON PLAT OF"PROSPECT MEADOWS" REGISTERED PROFESSIONAL ASURVEYOR OR JULY 2E 5. 1990 GARY R. ANDERSON 2434 RENEWS: r2 3//I mama J\ a 75\5ir..y\C4D\1443RK\PD1 76TH VAC 20767005dacx (-51//7.. I M EXHIBIT B VV Sccle 1"= 00' I 1 1 1 1 If I O I m "" I1 1 1 1 1 1 ./ 1 I SW HANSEN LANE I I X 200' / 200' >j' \� 1 Vacated R/W 1 • I 1 I I I -I. I I O I 0 I I I I I I I I Affected Area Boundary / / / 1 EXHI3IT — Affected Area DATE Nov. 2016 h) WESTLAKE DRAWN BY KLS SW 76th Right—of--Way Vacation CNECREDBY CONSULTANTS ow ENGINEERING • SURVEYING • PLNNING REmsoN ELDERBERRY Subdivision — Riverside Homes 0 JOB NO. p,S r,MITI LOS iraj II{pp.. 1306-006_ " City of Tigard T I G A R D Memorandum -Agenda Item #7 To: President Calista Fitzgerald and Planning Commissioners From: Gary Pagenstecher,Associate Planner Re: 76th Avenue Vacation,VAC2016-00002 Date: January 23,2017 Proposal Description: The Applicant requests approval of a street vacation for a 3,485 square foot portion of SW 76th Avenue located south of Bonita Road at the terminus of the currently improved right-of-way. The applicant has applied for Planned Development Review (PDR2016-00009) for a 40-lot subdivision and has included the proposed vacation into the development plans as Lots 16 and 17. Compliance Review: Staff has found that the proposal is in compliance with the Tigard comprehensive plan and development code. The proposed vacation is addressed in the findings in the Staff Report and recommendation to approve the proposed Elderberry Ridge Planned Development, which is also before you this evening and includes the following condition of approval: 6. Prior to any site work, the applicant shall submit the results of the City Council's decision on the applicant's 76th Avenue street vacation request. Provided the City Council grants the proposed vacation of a 3,485 square foot portion of SW 76th Avenue right-of-way, proposed lots 16 and 17 can be approved, as proposed. However, if the street vacation is not granted by Council, the applicant shall revise the preliminary plat to show the existing right-of-way and to reconfigure the lots accordingly. Staff Recommendation: Staff recommends approval of the proposed SW 76th Avenue Vacation. The subject vacation is proposed to be effective immediately before or concurrent with the Final Plat recording of Elderberry Ridge,PDR 2016-00009. CITY OF TIGARD PLANNING COMMISSION Meeting Minutes January 23,2017 CALL TO ORDER President Fitzgerald called the meeting to order at 7:00 p.m.The meeting was held in the Tigard Civic Center,Town Hall,at 13125 SW Hall Blvd. ROLL CALL Present: President Fitzgerald Vice President Feeney Commissioner Fahr Commissioner Hu Alt. Commissioner Jackson Commissioner Lieuallen Commissioner McDowell Commissioner Middaugh Alt. Commissioner Mooney Commissioner Schmidt Absent: None. Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin, Executive Assistant; Gary Pagenstecher,Associate Planner;Monica Bilodeau,Associate Planner; Kim McMillan,Assistant City Engineer COMMUNICATIONS —None. CONSIDER MINUTES December 5, 2016 Meeting Minutes: President Fitzgerald asked if there were any additions, deletions, or corrections to the December 5 minutes; there being none,President Fitzgerald declared the minutes approved as submitted. PUBLIC HEARING FRIENDLY LANE VACATION,VAC2016-00001 REQUEST: The Applicant requests approval of a street vacation for a portion of SW Friendly Lane. The proposed right of way vacation is located within the River Terrace Community Plan and is needed in order to implement two approved Planned Developments;River Terrace East, PDR 2016-00001 and River Terrace East No. 2,PDR 2016-00007 which were both approved by the Planning Commission on June 20,2016. Site clearing and grading are currently underway. Street improvements to be provided with River Terrace East and River Terrace East No. 2 January 23,2017 Page 1 of 8 include the construction of an internal street network that will provide access to future homes. LOCATION: East of SW Roy Rogers Road and south of SW Scholl's Ferry Road. ZONES: R- 4.5: Low-Density Residential District,R-7: Medium-Density Residential District, and R-25: Medium High-Density Residential District.APPLICABLE REVIEW CRITERIA: Tigard Municipal Code Chapter 15.08. Street Vacations. OPEN PUBLIC HEARING President Fitzgerald opened the public hearing and introduced staff Associate Planner,Monica Bilodeau. STAFF REPORT Associate Planner Monica Bilodeau gave a summary of the project. • The proposed right of way vacation is located within the River Terrace Community Plan. • Needed in order to implement the approved Planned Developments; River Terrace East and East No. 2. • Approved by the Planning Commission on June 20, 2016 For perspective, she showed an aerial photo of the area that is to be vacated and showed the approved road system under River Terrace East. She called attention to the increased connectivity and said that staff's findings were that there were no anticipated issues with meeting the Comprehensive Plan. Staff has found that the proposal is in compliance with the Comprehensive Plan and that the Vacation is consistent with the approved Planned Developments—River Terrace East, and River Terrace East#2 which were also found to be compliant with all aspects of the Comprehensive Plan. QUESTIONS - None. DELIBERATION After a short deliberation the commissioners were ready to make a recommendation. MOTION FOR RECOMMENDATION OF APPROVAL Commissioner Middaugh made the following motion: I move the Planning Commission forward a recommendation of approval to the City Council of application VAC2016- 00001. Commissioner McDowell seconded the motion. VOTE—All in favor—none opposed. RESULT— MOTION PASSED UNANIMOUSLY PUBLIC HEARING ELDERBERRY RIDGE PLANNED DEVELOPMENT REVIEW(PDR)2016-00009 SUBDIVISION (SUB) 2016-00007; SENSITIVE LANDS REVIEW (SLR) 2016-00009 January 23,2017 Page 2 of 8 REQUEST: The applicant requests a Planned Development Concept Plan and Detailed Development Plan approval for a 40-lot Subdivision of the 16.74-acre subject property located on the east side of SW 79th Ave, south of the end of SW 76th Ave. Sensitive lands review is requested for steep slopes exceeding 25 percent. The proposal protects 10.75 acres, or 64 percent of the 16.74-acre property in open space tracts. The existing residences and accessory buildings will be removed.By separate application to City Council,a portion of SW 76th Avenue right-of-way within the development site is requested to be vacated. LOCATION: 14775 SW 76th Avenue; 2S112BD Tax Lots: 300, 400, 500, 600, 1500; Tax Map: 2S112CA Tax Lot: 100 ZONES: R-4.5: Low-Density Residential District, R-7: Medium-Density Residential District APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.390, 18.430, 18.510, 18.705, 18.715, 18.745, 18.765, 18.775, 18.790, 18.795 and 18.810. QUASI-JUDICIAL HEARING STATEMENTS President Fitzgerald read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias or conflict of interest. Commissioner Feeney said it wasn't a conflict of interest in his mind, but he wanted to declare that the applicant Riverside Homes is a client of his in other parts of Washington County—not this project. He said he can be very impartial. Ex-parte contacts: None. Visitations: Commissioners Fahr,Hu, Feeney, and Schmidt had visited the site. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT The sky'.report is available on-line at the City website one week prior to the hearing. Associate Planner Gary Pagenstecher went over the staff report and a PowerPoint presentation (Exhibit A). He brought to their attention a revised comment memo from Engineering (Exhibit B) with changes in yellow that affect the conditions. He reviewed the findings regarding the concept plan and the detailed plan. STAFFS RECOMMENDATION Staff recommends that Planning Commission find that the proposed Planned Development Concept Plan,Detailed Plan, Subdivision, and Sensitive Lands Review will not adversely affect the health, safety and welfare of the City and meet the Approval Standards as outlined in Section VI of the staff report. Therefore, Staff recommends approval, subject to the Conditions of Approval. APPLICANT'S PRESENTATION Ken Sandblast,Westlake Consultants on behalf of the applicant, gave a description of the property owned by the Cornutt family. It's approximately 16 1/2 acres,including 101/2 acres of open space. They've owned the property for a number of decades. It's been primarily used as farming property for livestock. Fanno Creek runs through a portion of it on the N/E corner so one of the things they wanted to be sensitive to was Fanno Creek. He said they took into account the number of natural resource areas - the 100-year floodplain—a delineated wetland area—special setbacks from Fanno Creek itself—open space that has a substantial amount of January 23,2017 Page 3 of 8 trees on it that is not quite as committed to farming and provides a lot of opportunity to look at, do some mitigation, and enhancement of that existing vegetation. He noted that regarding the improvements to 76th,it can be confusing because it is both the half street and the full street and that's uncommon. The 76th Right-of-Way (ROW) extends through the whole property but they're only improving a portion of a full street and actually enlarging the ROW by adding an "eyebrow" to it. So there will be full street improvements and in fact widening it a little bit for 76th in that area. He said they needed to connect those streets and noted that they'd had the required neighborhood meeting. There were 20—30 people present at that hour long+ meeting. He said there's always concern when a large property is going to be developed. Over the course of the hour or so, as people began to understand that 2/3 of the property was being retained as open space, and was likely going to be in public ownership,it quelled a lot of their concerns. The other concern was traffic.They had a discussion about the various types of things that could be done and by the end of the meeting most people understood. Regarding the Conditions of Approval—they accept the conditions of approval as noted by Gary Pagenstecher. He said staff has done a great job. The fact that they can accept this is a tribute to staff and they're happy we're able to do that. He went on to address connectivity and configuration of the streets. TESTIMONY IN FAVOR—Jeff Cornutt, 14775 SW 76th, the owner of the property said he'd lived there since the year 2000 and grew up on the property as a child. His grandfather and dad had purchased the farm in 1978.They'd lived there 39 years and have had a wonderful life there. He spoke about the uniqueness of the property and the animals and the fact that it's been a tremendous private asset to his family. He said he believed the plan in front of the commission is a good plan. The floodplain will be fantastic for his kids and generations to come—the Fanno Creek trail on Scholls Ferry is a wonderful place and that this will extend that. It's going to make it a community asset. It will be a place where people can go and take their kids to see geese and ducks and someday maybe even the Salmon will run up Fanno Creek again. He went on to say he's very much in favor of this plan. He loves the City of Tigard and does not plan to leave. His parents moved here in 1972 and this is his home. TESTIMONY IN OPPOSITION—Roberto Soto 7768 SW Hansen Lane,Tigard lives next door to the property. He said he's really not in opposition to the plan at all;he believes it's actually going to enhance the area. His only concern is that Hansen Lane is a connection of 76th and that people will likely cut through there because of it. He said there are lots of children on his street and he wishes this connection wasn't the case because of the potential cut-through traffic; everything else is great about the project. President Fitzgerald reminded Mr. Soto that staff and the applicant had touched on the fact that anyone could go to traffic advisory and ask for [speed bump type] "traffic pillows" —the type that fire trucks can get through - to help with the traffic if,in reality,it does become an issue. But, she said that is not part of what we, the Planning Commission, can weigh in on this case. Mr. Soto indicated he realized that, and that he'd almost withdrawn his name for testifying in opposition because of it. He's actually in favor of the plan. QUESTIONS OF THE APPLICANT OR STAFF January 23,2017 Page 4 of 8 Commissioner Lieuallen asked about"hammerhead" streets, and the fact that they only allow parking on one side of the road. "Why doesn't the City just require streets to be 32 feet, so that parking can be allowed on both sides of the road?" Assistant City Engineer, Kim McMillan, came up to explain the standards in Code 18.810. She noted the standards had been in place a long,long time. She wasn't sure how,in the code, they came to have six different street sections for local streets and also a private street. They're usually based on trips, so if you have a street with fewer trips,you can reduce the section. She said she would prefer all streets be 32 feet wide—mainly for the parking, the maneuvering and the fire trucks;however, they can show an option for a smaller one and then allow parking on just one side—and some have no parking at all; since it's in the code, they can allow it. It's something that if they want to change, they'd need to change it through the code. The private street is only required to be 20'wide, and then there's no parking—but that's on paper—and then staff gets the phone calls later. So it's simply a code issue that both Engineering and Planning would like to revisit for various reasons—impervious area impacts, to storm water, parking, etc. Commissioner Middaugh: "In the report there's mention of a 60-inch Douglas Fir tree that the City had wanted to retain. Is that still the case?Yes,it is a condition of approval to retain that tree (Condition 7). APPLICANT'S REBUTTAL—Ken Sandblast said he appreciated the comments from the gentleman who lives next door, and also Mr. Cornutt's. He noted that to approve this application and help with the restoration of Fanno Creek - how could this not be for the better? The public doesn't get an opportunity like this to make something that much better with such an easy approval. He said that's not so much rebuttal, but just something he wanted to point out. PUBLIC HEARING CLOSED DELIBERATION ON CONCEPT & DETAILED PLAN • Staff already answered any questions I had. I'd also like to mention that a smaller street is also somewhat traffic calming. By nature,if you have a smaller street—parking on the side—people are going to drive a little slower, so that might help to address some of those neighborhood traffic concerns. Overall, I think the hammerhead is a good option. • I've driven over Bonita many times and never veered off so I haven't actually seen this area, but from what I can tell with the detailed plan that's presented to us, I think it fits well with the existing neighborhoods, so I have no complaints—I think it's good. • I like the plan overall—the only thing that gives me pause is the hammerhead configuration, and I frankly like the original plan much better with the cul-de-sac turnaround in the center-but as the applicant has indicated,with the constraints - and if this is allowed under the current code, I don't think I have a basis for objection, so I will agree with it. • If I was on this Hansen Lane or on the existing portion of 78th I would expect that there will be more traffic than I'd been used to at this point—and I wouldn't love that—but I January 23,2017 Page 5 of 8 would have known that it would be coming. The other thing—the open space— absolutely fantastic! I didn't raise my hand as to having visited the site, but when I started thinking about the horses in the muck, then I went, "Oh yeah — that property!" And it is just a mud-bog on a hillside running right into the creek. So this is going to be great—it'll be restored and we'll be filtering that water before it hits the creek and that will be nice and something that we preserve. • I believe this is a hidden gem that's tucked into Tigard. I really appreciate that the developer has taken some time to come up with a plan that aligns with the connectivity goals that the city has for multimodal transportation. Having access to the open space through the neighborhood is going to be a real asset to the community. At this point, with the conditions and the edits that have been made today, I don't have any significant concerns with what's before us at this time. CONCEPT PLAN MOTION Commissioner McDowell made the following motion: "With regard to the Concept Plan, I move for approval of application PDR2016-00009; SUB2016-00007; SLR2016-00009; and findings and conditions of approval contained in the staff report. The motion was seconded by Commissioner Schmidt. VOTE —All in favor, none opposed. MOTION TO APPROVE CONCEPT PLAN PASSES UNANIMOUSLY DETAILED PLAN MOTION Commissioner Middaugh made the following motion: "I move for approval of PDR2016-00009; SUB2016-00007; SLR2016-00009. This is for the Detailed Development Plan -with the following exceptions. Four amendments to the Conditions of Approval: 1. Prior to site work the applicant shall submit a revised site plan demonstrating all ground disturbance is a minimum 25' from the delineated wetland boundary. 2. Prior to issuance of permits, the applicant shall provide an Army Corps of Engineers approval of the detention facilities to the Engineering Department. 3. Delete Condition #39. 4. Regarding Condition 13 - change the sentence so that 'full street improvements' is struck from the condition, and then letter "E" of#13 —the last sentence should say 'in addition, the applicant shall extend sidewalk north to connect to existing sidewalk'." The motion was seconded by Commissioner Feeney January 23,2017 Page 6 of 8 VOTE -All in favor, none opposed. MOTION TO APPROVE DETAILED PLAN PASSES PUBLIC HEARING SW 76th AVENUE VACATION,VAC2016-00002 REQUEST: The Applicant requests approval of a street vacation for a 3,485 square foot portion of SW 76th Avenue. LOCATION: South of Bonita Road at the terminus of the currently improved right-of-way. The applicant has applied for Planned Development Review (PDR2016-00009) for a 40-lot subdivision and has included the proposed vacation into the development plans as Lots 16 and 17. The proposed vacation is addressed in the findings for the Staff Report and recommendation to approve the proposed Elderberry Ridge Planned Development. STAFF REPORT Associate Planner Gary Pagenstecher referred to a memo dated January 23 where staff had found that the proposal is in compliance with the Tigard Comprehensive Plan and Development Code. The proposed Vacation is addressed in the findings in the Staff Report and recommendation to approve the proposed Elderberry Ridge Planned Development,which is also before you this evening and includes the following condition of approval: 6. Prior to any site work, the applicant shall submit the results of the City Council's decision on the applicant's 76th Avenue Street Vacation request. Provided the City Council grants the proposed Vacation of a 3,485 square foot portion of SW 76th Avenue right-of-way,proposed lots 16 and 17 can be approved as proposed. However,if the street vacation is not granted by Council, the applicant shall revise the preliminary plat to show the existing right-of-way and to reconfigure the lots accordingly. Staff recommends approval of the proposed SW 76th Avenue Vacation. The subject Vacation is proposed to be effective immediately before or concurrent with the Final Plat recording of Elderberry Ridge,PDR 2016-00009. DELIBERATION After a very short deliberation the commission was ready to make a motion. MOTION FOR RECOMMENDATION OF APPROVAL Commissioner Feeney made the following motion: "I move the Planning Commission forward a recommendation of approval to the City Council of application VAC2016- 00002." Commissioner Middaugh seconded the motion VOTE: All in favor, none opposed MOTION PASSES UNANIMOUSLY January 23,2017 Page 7 of 8 OTHER BUSINESS President Fitzgerald let the commissioners know that Commissioner Gary Jelinek had resigned from the commission due to time constraints, and that there was now an opening for a full voting commissioner. She said non-voting Alternate Commissioner Nathan Jackson will be considered to fill this position. It will need to be approved by the Mayor and Council. There was a discussion about making motions. The request was made that,particularly when there will be many changes that are known about ahead of time by staff, such as this evening, that staff put together ahead of time a template motion for the commissioners should they decide to move for approval or recommendation for approval. Vice President Feeney suggested that the commissioners could also discuss the language of a potential motion during the deliberations so that it doesn't happen in the middle of the actual motion. It should be written down clearly. OFFICER ELECTIONS Commissioner Feeney nominated President Fitzgerald to continue as president, seconded by Commissioner Middaugh. There were no other nominations. A vote was taken, and the motion unanimously passed. Commissioner Schmidt nominated Commissioner Feeney to return as Vice President. Commissioner Middaugh seconded the nomination. No other nominations. The motion was voted on and unanimously passed. Both President Fitzgerald and Vice President Feeney accepted the additional two-year term. RESULT OF ELECTION President Fitzgerald and Vice President Feeney will serve two more years. [Per the Planning Commission bylaws, officer elections take place every odd year;the next election will take place in 2019. ADJOURNMENT President Fitzgerald adjourned the meeting at 8:45 p.m. Doreen Laughlin,Planning Commission Secretary A 1'1'EST: President Fitzgerald January 23,2017 Page 8 of 8 TABLE OF CONTENTS LIST OF EXHIBITS I APPLICATION AND SUBJECT PROPERTY SUMMARY I PROJECT DESCRIPTION 1 LAND USE PERMIT REQUEST: 2 PLANNED DEVELOPMENT WITH A SUBDIVISION&STREET VACATION 2 CHAPTER 15.08:STREET VACATIONS 2 CHAPTER 18.930: DECISION-MAKING PROCEDURES 3 CHAPTER 18.350: PLANNED DEVELOPMENTS 4 CHAPTER 18.430:SUBDIVISIONS 15 CHAPTER 18.510: RESIDENTIAL ZONING DISTRICTS 19 CHAPTER 18.705:ACCESS,EGRESS AND CIRCULATION 23 CHAPTER 18.725: ENVIRONMENTAL PERFORMANCE STANDARDS 27 CHAPTER 18.730: EXCEPTIONS TO DEVELOPMENT STANDARDS 28 CHAPTER 18.745: LANDSCAPING AND SCREENING 31 CHAPTER 18.765: PARKING 34 CHAPTER 18.775:SENSITIVE LANDS 34 CHAPTER 18.790:URBAN FORESTRY PLAN 37 CHAPTER 18.795:VISUAL CLEARANCE AREAS 38 CHAPTER 18.810:STREETS AND UTILITY IMPROVEMENT STANDARDS 40 SUMMARY AND REQUEST 51 Elderberry Ridge Subdivision- 14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. LIST OF EXHIBITS A Land Use Application Forms B Title Deed C Neighborhood Meeting Documentation D Service Provider Letters E Impact Study(per TDC 18.390.040.6.2.e.) F Copy of Pre-Application Notes G Stormwater Report and Calculations H Geotechnical Report I Urban Forestry Plan J Residential Density Calculation K Subdivision Naming Approval L Concept Development Plan M Concept Development Plan Statement N Detailed Development Plan Set O Traffic Analysis P Wetland Delineation Report Q Vacation-Consent to Vacate R Vacation—Legal Description & Exhibit Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. APPLICATION AND SUBJECT PROPERTY SUMMARY SUBJECT PROPERTY: Tax Map: 2S112BD Tax Lots: 300, 400, 500, 600, 1500 Tax Map: 2S112CA Tax Lots: 100 PROPERTY LOCATION: 14775 SW 76th Ave. Tigard, OR 97224 PROPOSAL: 40 Lot Subdivision SITE SIZE: 16.74 Acres ZONING DESIGNATION: R-7; R-4.5 PROPERTY OWNER &APPLICANT: Riverside Homes, LLC. Niki Munson 17933 NW Evergreen Pkwy, Ste. 370 Beaverton, OR 97006 APPLICANT'S REPRESENTATIVE: Ken Sandblast, AICP Westlake Consultants, Inc. 15115 SW Sequoia Parkway, Suite 150 Tigard, OR 97224 Phone: 503.684.0652 Email: ksandblast@westlakeconsultants.com Elderberry Ridge Subdivision-14775 SW 761°Ave.Tigard, OR 97224 WESTLAKE CONSULTANTS,Inc. II PROJECT DESCRIPTION This application proposes development for a 40 lot Subdivision of the 16.74-acre subject property located on the east side of SW 79th Ave,south of the end of SW 76th Ave in the City of Tigard (14775 SW 76th Avenue Tigard,OR 97224;Tax Map 2S112BD,Tax Lot 300,400, 500, 600, and 1500 and Tax Map 25112CA Tax Lot 100).The existing residences and accessory buildings will be removed. 40 new lots will be created around the extensions of SW Hanson Ln. and SW 78th Ave. St to SW 76th Ave on the north end of the subject property and a new private street intersecting with SW 79th Ave on the western edge of the subject property. Existing conditions on the subject property are the result of a multiple generation use of the property for cattle and farm uses. Fanno Creek flows along the eastern boundary of the subject property,and through a portion of the NE corner of the subject property.As depicted on the existing conditions plan sheet,there are two areas of the subject property outside the floodplain, one in the western area of the subject property along SW 79th Ave and the other essentially being the north half of the subject property between SE Hansen Lane and SW 76th Ave. Given that the majority of the property has been used historically for grazing livestock,there are few existing trees. In the central and southern areas of the property,there is a large area of property below the 100- year floodplain elevation. As depicted by both the Wetland Delineation Report and the existing conditions plan sheet,there are two isolated areas of delineated wetlands,one along northern boundary totaling 0.12 acres and one in the western portion of the subject property totaling 0.70 acres.The applicant is working through DSL&Corp permits to fill both of these isolated wetlands. There are 11.02 acres of the 16.74-acre subject property that are sensitive lands as per Section 18.775, including: (i) Fanno Creek, (ii)the 100-yr floodplain, and (iii)topography with >25%slopes. In addition,there is a significant wetland overlay on the Tigard Comprehensive Plan over a small portion of the subject property along the south-southwest boundary. Based upon direction provided by City staff at the preapplication meeting,the boundary of this significant wetland overlay is modified and defined through this application to match the delineated boundary of the 7.32 acre contiguous wetland area located within proposed Tract A and Tract D. Given this delineated wetland area is determined to be designated significant,this 7.32 acre wetland is also a sensitive land as per Section 18.775. The proposed concept and detailed planned development plans provide preservation and protection within an open space tract of 10.75 acres, or 64%, of the 16.74 acre subject property. Open space tracts,Tract A and Tract D, contain the following designated sensitive lands : (i)the 7.32 acre contiguous delineated wetland, (ii)the additional 100-yr floodplain outside the delineated wetland area, (iii) Fanno Creek, and (iv) areas of slopes >25%on the property. Also included within Tract A and Tract D are the associated CWS vegetated corridors for these sensitive lands areas. Due to the presence of wetlands and sensitive land areas associated with Fanno Creek,the extension of SW 76th Ave. is not feasible. As per the recommendation of City of Tigard Staff,a street vacation process is being conducted concurrently with this application to vacate approximately 33,397 S. F. of ROW near Lot 16 and Lot 17 for the purpose of development. Because the future extension of SW 76th Ave. is not feasible,the right-of-way proposed to be vacated is not needed, nor Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 1 will the vacation jeopardize public purpose.All city liens and taxes on the property have been paid, and all necessary signatures are included with this application. City utility services capable of providing water and sewer are available in the existing streets. The proposed development will include extending facilities as needed to serve all of the proposed new lots. As depicted on Exhibit N,the Detailed Development Plan,the existing public sanitary sewer in SW 76th will be extended into and through the subject property to serve development of the western area of the subject property and provide future sanitary sewer service to parcels lying west of SW 79th.As depicted on Exhibit N,this sanitary sewer extension upon and through the subject property has been specifically designed to be located outside of the 7.32 acre contiguous wetland and its associated 50'vegetated corridor contained within Tract A and Tract D.As depicted on Exhibit N, surface water generated by site development will be collected, conveyed and treated within two separate storm facilities located in Tract B and Tract C, before being discharged into Fanno Creek. The Applicant conducted a Neighborhood Meeting on January 26, 2016. Documentation is provided in Exhibit C. LAND USE PERMIT REQUEST: PLANNED DEVELOPMENT WITH A SUBDIVISION & STREET VACATION In Table 18.390.1 of the Tigard Development Code(Summary of Permits by Type of Decision-Making Procedure), "Planned Development with a Subdivision" is listed as a Type IIIA Procedure pursuant to Section 18.350.100[Type Ill Procedure],with a cross-reference to Section 18.430.070[Approval Criteria:Final Plat]. Separately,TDC Section 18.430.030(A) provides that "[r]eview of a preliminary plat for subdivision shall be processed by means of a Type I1 procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.040." The Applicant has been advised by City of Tigard staff that the proposed Planned Development with Subdivision request will be subject to public hearing before the Planning Commission (See Exhibit F, Pre-Application Conference Notes, at Page 7 of 8), i.e., a Type Ill procedure.This application presents evidence and recommended findings for approval of the Planned Development with a Subdivision request, pursuant to applicable requirements of the Tigard Development Code. The Applicant has been advised by City of Tigard staff that the proposed street vacation is subject to Chapter 15.08 Street Vacations.The applicant has satisfied all applicable provisions.See narrative's response to Chapter 15.08. CHAPTER 15.08: STREET VACATIONS 15.08.080 Petition Requirements—Staff Review (a) The application shall be presented to the Recorder who shall not accept incomplete applications. (b)A complete application shall include: (1)A completed petition consenting to the vacation which is signed by all abutting Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 2 property owners and the property owners of not less than two-thirds of the property affected as provided by ORS 271.080(2); (2)A fee deposit as required by Section 15.08.160 of this chapter; (3)Each legal instrument required by the Director of Public Works which is signed by all required persons;and (4)A certificate showing that all City liens and all taxes have been paid on the land covered by the petition in the case of a vacation of a plat or a portion thereof; (5)A report from a title company indicating the name and address of all persons holding an interest in the abutting property and affected property. (c) The petition shall: (1)Set forth a description of the ground proposed to be vacated; (2)State the purpose for which the ground is proposed to be used; (3)State the reason for the vacation;and (4)Contain the notarized signatures required by ORS 271.080(2). (Ord. 85-01§1(Exhibit A(part)), 1985). Response: The applicant has included a completed petition consenting to the vacation, signed by Janice Cornutt, an owner of the subject property.The subject property is the only property which abuts the proposed vacated right-of-way. As governed by ORS 271.080 Vacation in Incorporated Cities,the real property affected thereby is defined as"the land lying on either side of the street or portion thereof proposed to be vacated and extending laterally to the next street that serves as a parallel street, but in any case not to exceed 200 feet, and the land for a like lateral distance on either side of the street for 400 feet along its course beyond each terminus of the part proposed to be vacated". As governed by ORS 271.080 Vacation in Incorporated Cities,the property affected by the proposed vacation is 8.24 acres.The subject property accounts for 82%or 6.81 acres of the property affected by the proposed vacation.A signed Consent to Vacate form is attached in Exhibit Q. A fee deposit in the amount of$2,705 was submitted with this application. A legal description and vacation exhibit are provided in Exhibit R. All City liens and all taxes have been paid on the subject, and a title report is provided in Exhibit B. The legal description provided in Exhibit R,sets forth the portion of SW 76th Ave. proposed to be vacated.The future extension of 76th Ave. is not feasible due to existing wetlands and sensitive land areas associated with Fanno Creek.This application proposes the vacation of a portion of SW 76th Ave. so as to allow for development of the subject property. CHAPTER 18.930: DECISION-MAKING PROCEDURES 18.390.040 Type Ill Procedure A. Preapplication conference.A preapplication conference is required for Type Ill actions. Preapplication conference requirements and procedures are set forth in Section 18.390.080.C. Response:A pre-application conference took place on October 22, 2015. Notes and associated documents provided by City staff are attached in Exhibit F. B. Application requirements. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 3 1. Application forms. Type III applications shall be made on forms provided by the director as provided by 18.390.080.E.1. 2. Content. Type Ill applications shall: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action; c. Be accompanied by the required fee; d. Include two sets of pre-stamped, pre-addressed envelopes for all persons who are property owners of record as specified in subsection C of this section. The records of the Washington County Department of Assessment and Taxation shall be the official records for determining ownership. The applicant shall demonstrate that the most current assessment records have been used to produce the notice list; e. Include an impact study. The impact study shall quantify the effect of the development on public facilities and services. 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, the study shall propose improvements necessary to meet city standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the community development code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Response: This application and supporting materials have been prepared using the forms and instructions provided by City staff. A copy of the application form is provided in Exhibit A. This narrative document cites and quotes applicable Tigard Development Code provisions and provides Responses from the Applicant, with evidence and explanation of how all applicable approval criteria have been met. The application fee has been remitted with the application. The Applicant has provided a request for mailing labels from the City of Tigard with the application, in Exhibit C. The Applicant has also provided an Impact Study, in Exhibit E. These requirements have been met. CHAPTER 18.350: PLANNED DEVELOPMENTS 18.350.020 Process A. Applicable in all zones. The planned development designation is an overlay zone applicable to all zones.An applicant may elect to develop the project as a planned development, in compliance with the requirements of this chapter, or in the case of a commercial or industrial project an approval authority may apply the provisions of this chapter as a condition of approving any application for the development. Planned Developments 18.350-2 AP Update:2/14 B. Elements of approval process. There are three elements to the planned development approval process, as follows: 1. The approval of the planned development concept plan; 2. The approval of the detailed development plan;and 3. The approval of the planned development overlay zone. C. Decision-making process. 1. The concept plan shall be processed by means of a Type Ill-PC procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.350.050. Elderberry Ridge Subdivision 14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 4 2. The detailed development plan shall be reviewed by a means of a Type Ill-PC procedure, as governed by Section 18.390.050, to ensure that it is substantially in compliance with the approved concept plan. 3. The planned development overlay zone will be applied concurrently with the approval of the detailed plan. 4. Applicants may choose to submit the concept plan and detailed plan for concurrent review subject to meeting all of the approval criteria for each approval.All applicants are advised that the purpose of separating these applications is to provide them clear direction in developing the detailed plans. Rejection of the concept plan will result in a corresponding rejection of the detailed development plan and overlay zone. 5. In the case of an existing planned development overlay zone, once construction of the detailed plan has been completed,subsequent applications conforming to the detailed plan shall be reviewed under the provisions required in the chapter which apply to the particular land use application. 6. If the application involves subdivision of land, the applicant may also apply for preliminary plat approval and the applications shall be heard concurrently with the detailed plan. D. Concurrent applications for concept plan and detailed plan. In the case of concurrent applications for concept plan and detailed development plan, including subdivision applications, the applicant shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate actions on each element of the planned development application(i.e., the concept approval must precede the detailed development approval);however each required action may be made at the same hearing. (Ord. 06-16) Response:This application contains a request for the approval of a planned development concept plan, detailed development plan,and preliminary plat approval for a subdivision to be processed concurrently. A separate Concept Development Plan and Detailed Development Plan are provided with this application. The Concept Development Plan is provided in Exhibit L. The Detailed Development Plan Set is provided in Exhibit N. 18.350.040 Concept Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type Ill-PC procedure, as governed by Section 18.390.050 and the additional information required by subsection 8 of this section. In addition, the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include: a. A description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant; b. An explanation of the architectural style, and what innovative site planning principles are utilized including any innovations in building techniques that will be employed; c. An explanation of how the proposal relates to the purposes of the planned development chapter as expressed in Section 18.350.010;and d. An explanation of how the proposal utilized the "Planning Commissioner's Toolbox." 2. A general development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. In the case where a residential subdivision is proposed, the Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 5 statement shall include the applicant's intentions whether the applicant will build the homes, or sell the lots to other builders. Response: Exhibit M contains the Concept Development Plan Statement which explains the development and how it meets the intent of the Planned Development criteria. B. Additional information. In addition to the general information described in subsection A of this section, the concept plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the director: 1. Existing site conditions; 2. A site concept including the types of proposed land uses and structures, including housing types, and their general arrangement on the site; 3. A grading concept; 4. A landscape concept indicating a percentage range for the amount of proposed open space and landscaping, and general location and types of proposed open space(s); 5. An urban forestry plan consistent with Chapter 18.790; 6. Parking concept; 7. A sign concept; 8. A streets and utility concept;and 9. Structure setback and development standards concept, including the proposed residential density target if applicable Response:The Concept Development Plan in Exhibit L contains the applicable information.The Urban Forestry Plan Supplemental Report provided in Exhibit I,satisfies all applicable requirements for an Urban Forestry Plan consistent with Chapter 18.790.Since the proposal is for a single family residential subdivision, off street parking requirements will be provided by the driveways for each lot. 18.350.050 Concept Plan Approval Criteria A. The concept plan may be approved by the commission only if all of the following criteria are met: 1. The concept plan includes specific designations on the concept map for areas of open space, and describes their intended level of use, how they relate to other proposed uses on the site, and how they protect natural features of the site. 2. The concept plan identifies areas of trees and other natural resources, if any, and identifies methods for their maximized protection,preservation,and/or management. Response:As shown on the Concept Development Plan in Exhibit L, Tract A and Tract D contain the wetlands and other sensitive areas associated with Fanno Creek on the subject property to ensure that they are protected from development and preserved for open space. The stormwater tracts will also serve as open space for the project and have been located adjacent to the open space tracts.The layout of the subdivision incorporates connectivity of the subject property while minimizing impact to sensitive lands. 3. The concept plan identifies how the future development will integrate into the existing neighborhood, either through compatible street layout, architectural style, housing type, or by providing a transition between the existing neighborhood and the project with compatible development or open space buffers. Response:As depicted on the Concept Development Plan in Exhibit L, SW Hanson Ln. and SW 78th Ave. are extended and connect to SW 76th Ave. Due to the location of sensitive land areas upon the subject property, a new public street intersecting with SW 79th Ave and connecting SW Hansen Ln. and SW 76th Ave. is not feasible. Thus, a private street is proposed to serve development in the western area of the subject property. Lot sizes utilize the flexibility standards set forth in the Section 18.350.060 of the code Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 6 to minimize interior lots while keeping perimeter lots at the applicable lot standards of the base zone. This will allow the development to blend into the existing fabric of the surrounding homes and street network.The locations of the stormwater tracts will provide a transition buffer to the wetlands and sensitive areas associated with Fanno Creek. 4. The concept plan identifies methods for promoting walkability or transit ridership,such methods may include separated parking bays, off street walking paths, shorter pedestrian routes than vehicular routes, linkages to or other provisions for bus stops, etc. Response:The development of the subject property with street improvements and the connections of SW 78th Ave. and SW Hanson Ln.with 76th Ave. provide pedestrian linkages between SW 76th Ave and SW 79th Ave.The preservation of the wetlands and sensitive areas in Tract A and Tract D provide an opportunity for future trails.Tract A and Tract D will be considered for dedication to the City for improvements to be cooperatively planned by the City Parks Department and Clean Water Services watershed program. 5. The concept plan identifies the proposed uses, and their general arrangement on site. In the case of projects that include a residential component, housing type, unit density, or generalized lot sizes shall be shown in relation to their proposed location on site. Response:The Concept Development Plan in Exhibit L illustrates the proposed lot lines, lot sizes, and density of the proposed development. 6. The concept plan must demonstrate that development of the property pursuant to the plan results in development that has significant advantages over a standard development.A concept plan has a significant advantage if it provides development consistent with the general purpose of the zone in which it is located at overall densities consistent with the zone, while protecting natural features or providing additional amenities or features not otherwise available that enhance the development project or the neighborhood. (Ord. 12-09§1;Ord. 06-16) Response:As depicted by the Concept Development Plan in Exhibit L and the Detailed Development Plan in Exhibit N,this application preserves and protects 10.75 acres of the 16.74 acre subject property in open space tracts,Tract A and Tract D.A planned development requires a minimum 20%of the subject property be preserved as open space. With 64%of the subject property not being developed, this application provides 321%more open space than the minimum required and demonstrates significant advantages over standard subdivision development which requires no open space. Development is located upon the subject property outside of the sensitive areas associated with Fanno Creek, and utilizes lot size exemptions for a planned development to achieve a higher average density as provided in the density calculations in Exhibit J. 18.350.060 Detailed Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type Ill-PC procedure, as governed by Section 18.390.050, the additional information required by 18.350.040.8 and the approval criteria under Section 18.350.070. B. Additional information. In addition to the general information described in subsection A of this section, the detailed development plan, data, and narrative shall include the following information: 1. Contour intervals of one foot, unless otherwise approved by the director, and spot elevations at breaks in grade, along drainage channels or swales, and at selected points, as needed. 2. A specific development schedule indicating the approximate dates of construction activity, including demolition, tree protection installation, tree removal, ground breaking, grading, public improvements, building construction, and landscaping for each phase. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 7 3. A copy of all existing and/or proposed restrictions or covenants. Response:The development of the subdivision will be completed in one phase. Construction on infrastructure improvements will begin pending approval of the Planned Development and final engineering approval and permits. C. Compliance with specific development standards. The detailed development plan shall show compliance with base zone provisions, with the following modifications: 1. Lot dimensional standards. The minimum lot depth and lot width standards shall not apply. There shall be no minimum lot size except that lots on the perimeter of the project shall not be less than 80%of the minimum size required in the base zone. Response:The perimeter lot sizes meet 80%of the minimum lot size for the base zones. The north section of the development with lots on SW 78th Ave. and SW Hansen Ln. are within the R-7 zone which has a minimum lot size of 5,000 S.F. which at 80%gives perimeter lots a size requirement of 4,000 S.F. The western development with the new private street with hammerhead configuration is within the R- 4.5 zone.The minimum lot size is 7,500 S.F.with 80% being 6,000 S.F. The perimeter lots meet the 6,000 S.F.threshold.These provisions have been satisfied. 2. Site coverage. The maximum site coverage is 80%, except in the IP zone where the maximum site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as streets and sidewalks. 3. Building height. In residential zones, any increase in the building height above the maximum in the base zone will require that the structure be set back from the perimeter of the site a distance of at least 1-1/2 times the height of the building. 4. Structure setback provisions: a. Setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b. The setback provisions for all setbacks on the interior of the project shall not apply except that: i. All structures shall meet the Uniform Building and Fire Code requirements; ii. A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for; iii. A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. This setback may be reduced for rear or side loaded garages, if specified on the detailed plan and proper clearances for backing movements are accounted for. c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed setbacks, either on a lot by lot, or project wide basis. The commission may require site specific building envelopes. 5. Other provisions of the base zone.All other provisions of the base zone shall apply except as modified by this chapter. (Ord. 12-09§1;Ord. 06-16) Response:This development requests reduced setbacks to 3 feet for the interior lots along SW Hansen Ln., Lots 24—28,to accommodate the required 30-foot setback on the west side of the Lot 28. If an exception to the 30-foot setback would be granted by the City,then the interior setbacks could be increased to 5-feet.The 30-foot setback for Lot 28 is discussed further in this application under the response to 18.510.050 Development Standards. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 8 18.350.070 Detailed Development Plan Approval Criteria A detailed development plan may be approved only if all the following criteria are met: A. The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan do not make the detailed plan inconsistent with the concept plan unless: 1. The change increases the residential densities, increases the lot coverage by buildings or reduces the amount of parking; 2. The change reduces the amount of open space and landscaping; 3. The change involves a change in use; 4. The change commits land to development which is environmentally sensitive or subject to a potential hazard;and 5. The change involves a major shift in the location of buildings, proposed streets, parking lots, landscaping or other site improvements. B. All the provisions of the land division provisions, Chapters 18.420, Partitions, and 18.430, Subdivisions, shall be met if applicable; Response:The Detailed Development Plan as shown in Exhibit N is submitted for approval concurrently with the Concept Development Plan. Both plans are consistent with each other. This development proposal is for a residential subdivision.Section 18.430 is addressed further in this narrative. C. Except as noted, the provisions of the following chapters shall be utilized as guidelines.A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the commission that promotes the purpose of this chapter. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed below. The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested. 1. Chapter 18.360, Site Development Review. The provisions of Chapter 18.360,Site Development Review, are not applicable to planned development reviews. The detailed development plan review is intended to address the same type of issues as the site development review. 2. Chapter 18.705,Access, Egress and Circulation. The commission may grant an exception to the access standards, upon a demonstration by a professional engineer that the resulting access will not be detrimental to the public safety considering emergency vehicle needs, and provisions are provided for all modes of transportation using the site(vehicles, bicycles,pedestrians, and transit). Response:Access standards for the street roadway improvements meet the requirements of Section 18.705 as discussed further by this narrative. 3. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district, using the minimum lot size established for that district. Where a project site encompasses more than one underlying zoning district, density shall be aggregated for each district, and may be allocated anywhere within the project site, as deemed appropriate by the commission. The commission may further authorize a density bonus not to exceed 10%as an incentive to increase or enhance open space, architectural character and/or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 9 shall govern the amount of density increase which the commission may approve according to the following: a. A one percent bonus for each five percent of the gross site area set aside in open space, up to a maximum of five percent, is allowed for the provision of active use recreational open space, exclusive of areas contained in floodplain,steep slopes, drainageways, or wetlands that would otherwise be precluded from development; b. Up to a maximum of five percent is allowed for the development of pedestrian amenities, streetscape development, recreation areas, plazas, or other items from the "Planning Commission's Toolbox." Response:There are two residential zoning districts located upon the subject property and, as provided for by the provisions of this section,the allowable density for each has been aggregated and allocated upon proposed development areas the subject property. Due to the presence of sensitive lands, a planned development utilizing allowable lot sizes and setback flexibility is proposed by this application. 4. Chapter 18.745, Landscaping and Screening. The commission may grant an exception to the landscape requirements of this title upon a finding that the overall landscape plan was prepared by a licensed landscape architect,provides for 20%of the net site area to be professionally landscaped, and meets the intent of the specific standard being modified. Response: Chapter 18.745 is discussed further in this narrative.The requirements of Chapter 18.745 are satisfied by this development. No exception is required. 5. Chapter 18.765, Off-Street Parking and Loading Requirements. The commission may grant an exception to the off-street parking dimensional and minimum number of space requirements in the applicable zone if:: a. The minimum number of parking spaces is not reduced by more than 10%of the required parking;and b. The application is for a use designed for a specific purpose which is intended to be permanent in nature, e.g., a nursing home, and which has a low demand for off-street parking;or c. There is an opportunity for sharing parking and there is written evidence that the property owners are willing to enter into a legal agreement;or d. Public transportation is available to the site, and reducing the standards will not adversely affect adjoining uses;or e. There is a community interest in the preservation of particular natural features of the site which make it in the public interest to grant an exception to parking standards. Response:The required amount of off-street parking for one spot per each residential unit is satisfied by driveways for each lot.These provisions are satisfied. 6. Chapter 18.780,Signs. The commission may grant an exception to the sign dimensional requirements in the applicable zone if:: a. The sign is not increased by more than 10%of the required applicable dimensional standard for signs;and b. The exception is necessary for adequate visibility of the sign on the property;and c. The sign will be compatible with the overall site plan, the structural improvements and with the structures and uses on adjoining properties. 7. Chapter 18.795, Visual Clearance Areas. The commission may grant an exception to the visual clearance requirements, when adequate sight distance is or can be met; Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 10 Response:Visual Clearance areas are met at the intersections and shown on the site plan by the Detailed Development Plan in Exhibit N.These provisions are satisfied. 8. Chapter 18.810,Street and Utility Improvements,Sections 18.810.040, Blocks, and 18.810.060, Lots. Deviations from street standards shall be made on a limited basis, and nothing in this section shall obligate the city engineer to grant an exception. The commission has the authority to reject an exception request. The commission can only grant an exception to street sanctions if it is sanctioned by the city engineer. The city engineer may determine that certain exceptions to the street and utility standards are permissible when it can be shown that: a. Public safety will not be compromised;and b. In the case of public streets, maintenance costs will not be greater than with a conforming design;and c. The design will improve storm water conveyance either by reducing the rate or amount of runoff from present standards or increasing the amount of pollutant treatment. Response:The layout of the subdivision complies with Sections 18.810.040 and 18.810.060.This provision is satisfied. D. In addition, the following criteria shall be met: 1. Relationship to the natural and physical environment: a. The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible. The commission may require the applicant to provide an alternate site plan to demonstrate compliance with this criterion; Response:The site layout was designed around the existing topography and wetlands to minimize the impact of the development.The natural drainage patterns on the subject property are maintained.This provision is satisfied. b. Structures located on the site shall not be in areas subject to ground slumping and sliding as demonstrated by the inclusion of a specific geotechnical evaluation;and Response:A Geotechnical Report is included in Exhibit H.The final grading plan for the project will ensure that each lot will permit the construction of homes upon stable ground.This provision is satisfied. c. Using the basic site analysis information from the concept plan submittal, the structures shall be oriented with consideration for the sun and wind directions, where possible. Response:The site layout was designed around the existing topography and wetlands to minimize the impact of the development. 70%of the proposed lots run north to south with front and rear yard setbacks providing ample distance between homes for solar access. Of the 40 lots in the subdivision, only 12 lots will have side lots with limited solar access to the south due to their east/west orientation. 2. Buffering, screening and compatibility between adjoining uses: a. Buffering shall be provided between different types of land uses;e.g., between single-family and multifamily residential, and residential and commercial uses; b. In addition to the requirements of the buffer matrix(Table 18.745.1), the requirements of the buffer may be reduced if a landscape plan prepared by a registered landscape architect is submitted that attains the same level of buffering and screening with alternate materials or methods. The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 11 i. The purpose of the buffer,for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; ii. The size of the buffer needs in terms of width and height to achieve the purpose; iii. The direction(s)from which buffering is needed; iv. The required density of the buffering;and v. Whether the viewer is stationary or mobile. c. On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: i. What needs to be screened; ii. The direction from which it is needed;and iii. Whether the screening needs to be year-round. Response:The subject property abuts a multifamily apartment complex to the north.This is the only area of the development which will require buffering. A 10-foot buffer is provided by the rear yard setbacks on Lots 35-40.These provisions are satisfied. 3. Privacy and noise. Nonresidential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; 4. Exterior elevations—Single-family attached and multiple family structures.Along the vertical face of single-family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: a. Recesses, e.g., decks,patios, entrances,floor area, of a minimum depth of eight feet; b. Extensions, e.g., decks, patios, entrances,floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet;and c. Offsets or breaks in roof elevations of three or more feet in height. Response:The proposed development will only include single family detached dwelling units. These provisions are not applicable. 5. Private outdoor area—Residential use: a. Exclusive of any other required open space facility, each ground-level residential dwelling unit shall have an outdoor private area(patio, terrace, or porch)of not less than 48 square feet with a minimum width dimension of four feet; b. Wherever possible,private outdoor open spaces should be oriented toward the sun;and c. Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. Response:The yards, building envelopes and layout of the lots will permit the construction of outdoor private areas for each lot that meet the 48 S.F. requirements.The construction of required spaces can be made as a condition of approval for building permits for the individual homes to ensure compliance with this section.These provisions are satisfied. 6. Shared outdoor recreation and open space facility areas—Residential use: a. Exclusive of any other required open space facilities, each residential dwelling development shall incorporate shared usable outdoor recreation areas within the development plan as follows: i. Studio units up to and including two bedroom units, 200 square feet per unit; ii. Three or more bedroom units, 300 square feet per unit. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 12 b. Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; c. The required recreation space may be provided as follows: i. Additional outdoor passive use open space facilities; ii. Additional outdoor active use open space facilities; iii. Indoor recreation center;or iv. A combination of the above. Response: Open space tracts,Tract A and Tract D, meet the definition of passive use facilities and consist of 468,270 sq.ft.Tract A and Tract D satisfy the requirements for additional outdoor passive use open space.Tract A and Tract D will be considered for dedication to the City for improvements to be cooperatively planned by the City Parks Department and Clean Water Services watershed program. These provisions are satisfied. 7. Access and circulation: a. The number of required access points for a development shall be provided in Chapter 18.705; b.All circulation patterns within a development must be designed to accommodate emergency and service vehicles;and Response:On the western end of the subject property, a new private street accesses 79th Ave. and terminates in a hammerhead configuration.The existing wetlands prevent the continuation of this street.The northern end of the development continues the street pattern network with the extension of SW Hansen Ln. and SW 78th Ave.to SW 76th Ave.These provisions are satisfied. b. Provisions shall be made for pedestrian and bicycle ways abutting and through a site if such facilities are shown on an adopted plan or terminate at the boundaries of the project site. Response: New streets shall be built to City standards with the construction of sidewalks. SW 79th Ave. is designated on the City's 2035 Transportation System Plan for future pedestrian improvements, including sidewalks and bicycle improvements. Improvements to SW 79th Ave. will consist of half street improvements along the subject property's frontage to bring the roadway to City standards. The roadway will be widened to provide pavement 16 feet from the centerline, curb and gutter, a 5 foot planting strip with street trees,and a 5 foot sidewalk. These provisions are satisfied. 8. Landscaping and open space—Residential development. In addition to the buffering and screening requirements of paragraph 2 of this subsection D, and any minimal use open space facilities, a minimum of 20%of the site shall be landscaped. This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan,prepared or approved by a licensed landscape architect, and surety for such landscape installation. Response:The 2 multi use storm water facilities,Tract B and Tract C,consist of 21,661 sq.ft. of landscaping.Tract A and Tract D,totaling 468,270 sq.ft., meets the definition of a passive use facility, and will be considered for dedication to the City for improvements to be cooperatively planned by the City Parks Department and Clean Water Services watershed program. Combined,these areas will constitute up to 67 percent of the gross site area for landscaping. These provisions are satisfied. 9. Public transit: a. Provisions for public transit may be required where the site abuts or is within a quarter mile of a public transit route. The required facilities shall be based on: i. The location of other transit facilities in the area;and ii. The size and type of the proposed development. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 13 b. The required facilities may include but are not necessarily limited to such facilities as: i. A waiting shelter; ii. A turn-out area for loading and unloading;and iii. Hard surface paths connecting the development to the waiting area. c. If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement. Response:The subject property is not within a quarter mile of any public transit route. These provisions are not applicable. 10. Parking: a. All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter 18.765; b. Up to 50%of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. Response: Parking requirements for the development are met with the driveways of each lot providing at least one off street parking space.These provisions are satisfied. 11. Drainage.All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.810.An applicant may propose an alternate means for storm water conveyance on the basis that a reduction of storm water runoff or an increase in the level of treatment will result from the use of such means as green streets, porous concrete, or eco roofs. Response:A Stormwater Report is provided in G. As shown in the preliminary Detailed Development Plan Set in Exhibit N,the stormwater for the development is conveyed to and treated in the stormwater facilities prior to entering the drainage areas of Fanno Creek.This provisions is satisfied. 12. Floodplain dedication. Where landfill and/or development are allowed within or adjacent to the 100-year floodplain, the city shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. Response:Tract A and Tract D include sensitive lands on the subject property consisting of the 100-year floodplain,wetlands,the Clean Water Services vegetative corridor, and other sensitive lands associated with Fanno Creek. 10.75 acres are set aside in Tract A and Tract D as open space for the preservation of the land. The tracts will be considered for dedication to the City for improvements to be cooperatively planned by the City Parks Department and Clean Water Services watershed program. These provisions are satisfied. 13. Shared open space facilities. These requirements are applicable to residential planned developments only. The detailed development plan shall designate a minimum of 20%of the gross site area as a shared open space facility. The open space facility may be comprised of any combination of the following: a. Minimal use facilities. Up to 75%of the open space requirement may be satisfied by reserving areas for minimal use. Typically these areas are designated around sensitive lands (steep slopes, wetlands, streams, or 100-year floodplain). Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 14 b. Passive use facilities. Up to 100%of the open space requirement may be satisfied by providing a detailed development plan for improvements(including landscaping, irrigation, pathway and other structural improvements)for passive recreational use. c. Active use facilities. Up to 100%of the open space requirement may be satisfied by providing a detailed development plan for improvements(including landscaping, irrigation, pathway and other structural improvements)for active recreational use. d. The open space area shall be shown on the final plan and recorded on the final plat or covenants. Response:A large portion of the gross development subject property includes lands with sensitive areas as shown by the Detailed Development Plan in Exhibit N, and the Wetlands Delineation Report in Exhibit P.The total gross square footage for the subject property is 729,338 S.F. The 20 percent requirement for open space is 145,867 S.F. Tract A and Tract D, passive use facilities totaling 468,270 S.F.,satisfies this requirement. 14. Open space conveyance: Where a proposed park, playground or other public use shown in a plan adopted by the city is located in whole or in part in a subdivision, the commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. Where considered desirable by the commission in accordance with adopted comprehensive plan policies, and where a development plan of the city does not indicate proposed public use areas, the commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. The open space shall be conveyed in accordance with one of the following methods: a. Public ownership. Open space proposed for dedication to the city must be acceptable to it with regard to the size,shape, location, improvement and budgetary and maintenance limitations.A determination of city acceptance shall be made in writing by the parks& facilities division manager prior to final approval. Dedications of open space may be eligible for systems development charge credits, usable only for the proposed development. If deemed to be not acceptable, the open space shall be in private ownership as described below. b. Private ownership. By conveying title(including beneficial ownership)to a corporation, home association or other legal entity, and granting a conservation easement to the city in a form acceptable by the city. The terms of the conservation easement must include provisions for the following: i. The continued use of such land for the intended purposes; ii. Continuity of property maintenance; iii. When appropriate, the availability of funds required for such maintenance; iv. Adequate insurance protection;and v. Recovery for loss sustained by casualty and condemnation or otherwise. (Ord. 09-13; Ord. 06-16)■ Response:The City Parks Department has made a request to have the open space areas,Tract A and Tract D,considered for future dedication to the City. CHAPTER 18.430: SUBDIVISIONS Elderberry Ridge Subdivision-14775 SW 76"'Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 15 18.430.020 General Provisions A. Approval through two-step process.An application for a subdivision shall be processed through a two-step process:the preliminary plat and the final plat. 1. The preliminary plat shall be approved by the Approval Authority before the final plat can be submitted for approval consideration;and 2. The final plat shall reflect all conditions of approval of the preliminary plat. Response:This is a request for preliminary plat approval. B. Compliance with ORS Chapter 92.All subdivision proposals shall be in conformity with all state regulations set forth in ORS Chapter 92,Subdivisions and Partitions. Response:The materials submitted by the Applicant demonstrate compliance with ORS Chapter 92, as well as City of Tigard approval standards.This provision is satisfied. C. Future re-division. When subdividing tracts into large lots, the Approval Authority shall require that the lots be of such size and shape as to facilitate future re-division in accordance with the requirements of the zoning district and this title. Response:This provision is not applicable because no lots large enough to allow re-division are proposed. 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. Response:The proposal is for a Planned Development which supersedes this requirement.The perimeter lots of the subdivision all meet the 80 percent requirement of the applicable base zones. The interior lots are exempt from the minimum lot sizes. This provision is satisfied. E. Temporary sales office. Temporary sales offices in conjunction with any subdivision may be granted as set forth in Chapter 18.785, Temporary Uses. Response:This provision is not applicable because a temporary sales office request is not included as part of this proposal. F. Minimize flood damage.All subdivision proposals shall be consistent with the need to minimize flood damage. Response: A Wetlands Delineation Report is included with this application in Exhibit P. A Wetland Mitigation Report was conducted on the subject property and submitted to Clean Water Services, it is provided with the CWS Service Provider Letter in Exhibit D. Tract A and Tract D contain the lands within the 100-yr flood plain and vegetative corridors associated with Fanno Creek which will be preserved as open space and considered for future dedication to the City. The site layout is designed to minimize the impact the natural topography and keep development out of the flood plain. G. Floodplain dedications. Where land filling and/or development is allowed within and adjacent to the 100-year floodplain outside the zero foot rise floodway, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a Elderberry Ridge Subdivision-14775 SW 76"'Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 16 pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. Response:The open space areas,Tract A and Tract D,will be considered for future dedication to the City to allow the potential development of a recreational path. H. Need for adequate utilities.All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. Response:The proposed development includes installation of public utilities and facilities to serve all of the proposed lots and shall be designed and located to minimize flood damage. I. Need for adequate drainage.All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage;and Response:The Applicant has provided a stormwater report and calculations in Exhibit G to demonstrate that the proposed storm water treatment and conveyance facilities will satisfy City of Tigard design requirements to reduce the exposure of flood damage. J. Determination of base flood elevation. Where base flood elevation has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres(whichever is less). Response: The Detailed Development Plan Set in Exhibit N, and the Wetlands Delineation Report in Exhibit P identify the location of the base flood elevation. This provision is satisfied. 18.430.030 Approval Process A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.040.An application for subdivision may also be reviewed concurrently with an application for a planned development, as governed by Chapter 18.350. Response:This is a request for Type Ill review of a preliminary plat for a subdivision and planned development along with a Sensitive Lands Review for areas outside of Tract A and Tract D with slopes exceeding 25%. B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.430.070. Response:The Applicant will submit a request for final plat approval following approval of the current request. C. Approval period. Preliminary plat approval by the Approval Authority shall be effective for a period of 1-1/2 years from the date of approval. The preliminary plat shall lapse if: 1. A final plat has not been submitted within a 1-1/2 year period;or 2. The final plat does not conform to the preliminary plat as approved or approved with conditions. D. Extension. [detailed provisions omitted for brevity] E. Phased development. [detailed provisions omitted for brevity] Response: These provisions provide procedural guidance and require no evidence or other responses from the Applicant. This proposal does not include a request for extension or phased development approval. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 17 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: 1. The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations; Response: Applicable sections of the Tigard Development Code (and other related regulations where appropriate) are quoted and addressed in numerical order below. Based on the evidence and findings provided by the Applicant,this criterion is satisfied. 2. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; Response: The Applicant has obtained approval of the proposed plat name, "Elderberry Ridge"from the Washington County Surveyor's Office.This provision is satisfied. 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] Response:The proposed development will include street improvements to SW 79th Ave along the frontage of the subject property to meet the applicable Public Works design standard. This provision is satisfied. 4. An explanation has been provided for all common improvements. Response: In addition to street improvements, the proposed project will extend City services (water and sanitary sewer) to the proposed lots; will provide franchise utility services such as electrical, natural gas, telephone and cable television to all the lots; and will include the construction of two storm water quality treatment and conveyance facilities, which will accept runoff from roofs and paved surfaces, including driveways, and streets.This criterion is met. B. Conditions of approval. The Approval Authority may attach such conditions as are necessary to carry out the comprehensive plan and other applicable ordinances and regulations and may require reserve strips be granted to the City for the purpose of controlling access to adjoining undeveloped properties. Response:The Applicant acknowledges the City's authority to impose approval conditions where appropriate to assure compliance with applicable standards in the final plat and construction phases of the development process. 18.430.050 Submission Requirements:Preliminary Plat A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type II procedure, as governed by Chapter 18.390. B. Additional information. In addition to the general information described in Subsection A above, the preliminary plat shall contain specific information, the detailed content of which can be obtained from the Director. Response:As noted above,the application has been prepared using forms and guidance information provided by City of Tigard staff.This provision is satisfied. 18.430.060 Adjustments Authorized Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 18 A. Granting of adjustments.Adjustments to the subdivision regulations prescribed by this title may be authorized by the Director, and application shall be made with a preliminary plat application in accordance with Section 18.430.050. Criteria for granting such adjustments are contained in Section 18.370.020.C.1. Response:This request includes adjustments to the base zoning setbacks as permitted within the planned development Section 18.350.060.C.4. Refer to Table 1 of this narrative under Section 18.510.050, which shows setbacks on a per lot basis. CHAPTER 18.510: RESIDENTIAL ZONING DISTRICTS 18.510.020 List of Zoning Districts D. 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. E. R-7: medium-density residential district. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. 18.510.030 Uses [detailed provisions omitted for brevity] Response:The proposed lots are specifically designed for Household Living in Detached Single Units, both of which are permitted uses according to Table 18.510.1, Use Table.This provision is satisfied. 18.510.040 Minimum and Maximum Densities A. Purpose. The purpose of this section is to establish minimum and maximum densities in each residential zoning district. To ensure the quality and density of development envisioned, the maximum density establishes the ceiling for development in each zoning district based on minimum lot size. To ensure that property develops at or near the density envisioned for the zone, the minimum density for each zoning district has been established at 80% of maximum density. B. Calculating minimum and maximum densities. The calculation of minimum and maximum densities is governed by the formulas in Chapter 18.715, Density Computations. C. Adjustments. Applicants may request an adjustment when, because of the size of the site or other constraint, it is not possible to accommodate the proportional minimum density as required by 18.715.020.0 and still comply with all of the development standards in the underlying zoning district, as contained in Table 18.510.2 below. Such an adjustment may be granted by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria in 18.370.020.C.2. 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 gross acres, which is all of the land included in the legal description of the property to be developed: 1. All sensitive land areas: Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 19 a. Land within the 100-year floodplain, b. Land or slopes exceeding 25%, c. Drainage ways, and d. Wetlands, e. Optional: Significant habitat areas, as designated on the City of Tigard "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. 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 above by 80%(0.8). (Ord. 09-13) Response: The Applicant has provided detailed residential density calculations in Exhibit J. There are 35 maximum allowable units in the net developable area. Due to site constraints the applicant will utilize the provisions of 18.715.030 regarding residential density transfer. Please see applicant's response to 18.715.030 and Exhibit J for density calculations. 18.715.030 Residential Density Transfer A. Rules governing residential density transfer. 1. The units per acre calculated by subtracting land areas listed in 18.715.O20.A.1.a—c from the gross acres may be transferred to the remaining buildable land areas subject to the following limitations: a. The number of units which can be transferred is limited to the number of units which would have been allowed on 25%of the unbuildable area if not for these regulations; and b. The total number of units per site does not exceed 125%of the maximum number of units per gross acre permitted for the applicable comprehensive plan designation. 2. Wetlands. Units per acre calculated by subtracting land areas listed in 18.715.02O.A.1.d from the gross acres may be transferred to the remaining buildable land areas on land zoned R- 12, R-25, and R-40 subject to the following limitations: a. The number of units which can be transferred is limited to the number of units which would have been allowed on the wetland area, if not for these regulations; b. The total number of units per site does not exceed the maximum number of units per gross acre permitted for the applicable comprehensive plan designation. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 20 B. Underlying development standards.All density transfer development proposals shall comply with the development standards of the applicable underlying zoning district unless developed under the provisions of Chapter 18.350, Planned Development. (Ord. 09-13;Ord. 06-20) Response: Due to the site constraints,the applicant will utilize the residential density transfer option. The maximum allowable number of units in the net developable area is 35.53 units.The applicant will utilize the residential density transfer option to transfer 4.47 units.Therefore, the maximum allowable density is 40 units and the minimum allowable density is 32 units.The proposed 40 lots satisfy these requirements. Please see Exhibit J for detailed density calculations. 18.510.050 Development Standards A. Compliance required.All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370; 2. All other applicable standards and requirements contained in this title. B. Development standards. Development standards in residential zoning districts are contained in Table 18.510.2. TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES (R-4.5 Zone Excerpt) STANDARD R-4.5 R-7 Minimum Lot Size -Detached unit 7,500 sq.ft. 5,000 sq.ft. -Duplexes 10,000 sq.ft. 10,000 sq.ft. -Attached Unit 5,000 sq.ft. Average Minimum Lot Width -Detached unit lots 50 ft. 50 ft. -Duplex lots 90 ft. 50 ft. -Attached unit lots 40 ft. Maximum Lot Coverage - 80% Minimum Setbacks -Front yard 20 ft. 15 ft. -Side facing street on corner& through lots 15 ft. 10 ft. -Side yard 5 ft. 5 ft. -Rear yard 15 ft. 15 ft. -Side or rear yard abutting more restrictive zoning district - 30 ft. -Distance between property line and front of garage 20 ft. 20 ft. Maximum Height 30 ft. 35 ft. Minimum Landscape Requirement - 20% Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 21 Response:The Detailed Development Plan in Exhibit N provides dimensions for all lot boundaries as well as lot square footage area calculations. The planned development code 18.350.060.C. allows modifications to the base zone standards as stated earlier in this narrative. Lot dimensional standards in a PD do not apply to interior lots of the development. Perimeter lots must meet 80% of the base zones required lot size. Perimeter lots in the R-4.5 zone are larger than 6,000 sq. ft. which is 80% of the 7,500 sq. ft. required. Perimeter lots in the R-7 zone are larger than 4,000 sq. ft. which is 80% of the 5,000 sq. ft. required. 18.350.060.C.4 allows modifications to setbacks for the interior lots as long as the structures meet the Uniformed Building and Fire Code requirements and have a minimum front yard setback of 20 feet for garage structures. All the perimeter lots meet the base zoning setback standards. The majority of the interior lots also meet the base zoning standards. Shown below in Table 1 are the setbacks for the development on a per lot basis. Table 1 Individual Lot Setbacks Lot Area Lot Street Lot Front Rear Side Yard Maximum (S.F.) Width Frontage Depth Setback Setback Setback Building (ft.) (ft.) (ft.) (ft.) (ft.) (ft.) Height (ft.) R-4.5 N/A N/A 25.0 N/A 20.0 15.0 5.0 30.0 Lot 1 6,509.0* 50.0 49.0 139.0 20.0 15.0 5.0 30.0 Lot 2 4,561.0 45.0 45.0 110.0 20.0 15.0 5.0 30.0 Lot 3 4,275.0 45.0 45.0 95.0 20.0 15.0 5.0 30.0 Lot 4 4,275.0 45.0 45.0 95.0 20.0 15.0 5.0 30.0 Lot 5 3,895.0 41.0 41.0 95.0 20.0 15.0 5.0 30.0 Lot 6 4,244.0 45.0 45.0 95.0 20.0 15.0 5.0 30.0 Lot 7 7,680.0* 60.0 141.0 130.0 20.0 15.0 15.0 30.0 Lot 8 7,136.0* 55.0 185.0 130.0 20.0 15.0 15.0 30.0 Lot 9 7,783.0* 63.0 141.0 130.0 20.0 15.0 15.0 30.0 Lot 10 7,147.0* 55.0 185.0 130.0 20.0 15.0 15.0 30.0 *Perimeter lot greater than 6,000 S.F. (80%of minimum lot size of 7,500 S.F. in base zone) Lot Area Lot Street Lot Front Rear Side Yard Maximum (S.F.) Width Frontage Depth Setback Setback Setback Building (ft.) (ft.) (ft.) (ft.) (ft.) (ft.) Height (ft.) R-7 N/A N/A 25.0 N/A 15.0 15.0 5.0 35.0 Lot 11 5,503.0* 47.0 52.0 120.0 20.0 15.0 5.0 35.0 Lot 12 4,237.0 50.0 50.0 111.0 20.0 15.0 5.0 35.0 Lot 13 5,112.0 50.0 50.0 111.0 20.0 15.0 5.0 35.0 Lot 14 4,814.0 50.0 50.0 96.0 20.0 15.0 5.0 35.0 Lot 15 4,800.0 50.0 50.0 96.0 20.0 15.0 5.0 35.0 Lot 16 5,435.0 45.0 62.0 96.0 20.0 15.0 5.0 35.0 Lot 17 3,943.0 70.0 40.0 84.0 20.0 15.0 5.0 35.0 Lot 18 4,311.0 60.0 65.0 85.0 20.0 15.0 5.0 35.0 Lot 19 4,241.0 47.0 52.0 106.0 20.0 15.0 5.0 35.0 Elderberry Ridge Subdivision-14775 SW 76"Ave.Tigard, OR 97224 WESTLAKE CONSULTANTS,Inc. 22 Lot 20 5,342.* 54.0 56.0 106.0 20.0 15.0 5.0 35.0 Lot 21 6,166.0 45.0 127.0 92.0 20.0 15.0 5.0 35.0 Lot 22 3,995.0 40.0 40.0 92.0 20.0 15.0 5.0 35.0 Lot 23 3,677.0 36.0 36.0 85.0 20.0 15.0 5.0 35.0 Lot 24 3,060.0 36.0 36.0 85.0 20.0 15.0 3.0 35.0 Lot 25 3,060.0 36.0 36.0 85.0 20.0 15.0 3.0 35.0 Lot 26 3,064.0 36.0 36.0 89.0 20.0 15.0 3.0 35.0 Lot 27 3,120.0 65.0 69.0 89.0 20.0 15.0 3.0 35.0 Lot 28 6,329.0* 59.0 59.0 88.0 20.0 15.0 30.0 35.0 Lot 29 5,077.0* 50.0 50.0 88.0 20.0 15.0 5.0 35.0 Lot 30 4,300.0 50.0 50.0 88.0 20.0 15.0 5.0 35.0 Lot 31 4,300.0 50.0 50.0 88.0 20.0 15.0 5.0 35.0 Lot 32 4,300.0 40.0 40.0 92.0 20.0 15.0 5.0 35.0 Lot 33 3,683.0 45.0 127.0 92.0 20.0 15.0 5.0 35.0 Lot 34 4,188.0 53.0 146.0 100.0 20.0 15.0 5.0 35.0 Lot 35 5,237.0* 50.0 50.0 100.0 20.0 15.0 5.0 35.0 Lot 36 5,008.0* 50.0 50.0 100.0 20.0 15.0 5.0 35.0 Lot 37 4,999.0* 50.0 50.0 100.0 20.0 15.0 5.0 35.0 Lot 38 4,991.0* 50.0 50.0 100.0 20.0 15.0 5.0 35.0 Lot 39 4,982.0* 49.0 49.0 100.0 20.0 15.0 5.0 35.0 Lot 40 4,857.0* 49.0 49.0 99.0 20.0 15.0 5.0 35.0 *Perimeter lot greater than 4,000 S.F. (80%of minimum lot size of 5,000 S.F. in base zone) CHAPTER 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. B. Change or enlargement of use. Should the owner or occupant of a lot or building change or enlarge the use to which the lot or building is put, thereby increasing access and egress requirements, it is unlawful and is a violation of this title to begin or maintain such altered use until the provisions of this chapter have been met if required or until the appropriate approval authority has approved the change. C. When site design review is not required. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny an access plan submitted under the provisions of this chapter in conjunction with another permit or land use action. D. Conflict with subdivision requirements. The requirements and standards of this chapter shall not apply where they conflict with the subdivision rules and standards of this title. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 23 18.705.030 General Provisions A. Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real property in the City. 8. Access plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. C. Joint access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: 1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use;and 2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. D. Public street access.All vehicular access and egress as required in Sections 18.705.030.H and 18.705.030.1 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. Response: Lots 11 thru 40 will have direct access onto new public streets which are an extension of the existing roadway network. Lots 1 thru 10 will have access to a new private street which accesses SW 79th Ave. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030.N. 18.810.030 Streets 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. O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080, and: 1. Concrete curbs and driveway approaches are required;except: 2. Where no sidewalk is planned, an asphalt approach may be constructed with city engineer approval;and 3. Asphalt and concrete driveway approaches to the property line shall be built to city configuration standards. Elderberry Ridge Subdivision-14775 SW 76`h Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 24 Response: From the context, this cross-reference appears to contain a scrivener's error: Section 18.810.030.N refers to "Grades and curves," but Section 18.810.030.0 refers to "Curbs, curb cuts, ramps, and driveway approaches." In either case, the slope of the streets are less than twelve percent, and all sidewalks and driveway aprons will be constructed to meet applicable public works standards, including structural capacity to accommodate emergency and service vehicles where appropriate.These standards are met. F. Required walkway location. On-site pedestrian walkways shall comply with the following standards: 1. Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; 2. Within all attached housing (except two-family dwellings) and multi family developments, each residential dwelling shall be connected by walkway to the vehicular parking area, and common open space and recreation facilities; 3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum six-inch vertical separation (curbed) or a minimum three-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; 4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, other pervious paving surfaces, etc. Any pervious paving surface must be designed and maintained to remain well-drained. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. Response:Sidewalks will be designed and built to City public works standards for the new public streets, private street, and ROW improvements on SW 79th Ave. G. Inadequate or hazardous access. 1. Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed: a. Would cause or increase existing hazardous traffic conditions;or b. Would provide inadequate access for emergency vehicles;or c. Would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. 2. Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged. Direct access to collector or arterial streets shall be considered only if there is no practical alternative way to access the site. If direct access is permitted by the City, the applicant will be required to mitigate for any safety or neighborhood traffic management (NTM) impacts deemed applicable by the City Engineer. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 25 This may include, but will not be limited to, the construction of a vehicle turnaround on the site to eliminate the need for a vehicle to back out onto the roadway. 3. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Single- family and duplex dwellings are exempt from this requirement. Response:All access to the proposed development is from designated local streets. The configuration is designed to accommodate turn-around requirements of the TVF&R. Due to the street and access design proposed there will be no inadequate or hazardous access or vehicle movement patterns. These provisions are satisfied. 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.) 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. 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. 4. The minimum spacing of local streets along a local street shall be 125 feet. Response:The new private street which will intersect onto SW 79th Ave will be greater than 125 feet. A Traffic Analysis was conducted and is provided in Exhibit 0.These provisions are satisfied. 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(SIX OR FEWER UNITS) Number Dwelling Minimum Number of Minimum Minimum Unit/Lots Driveways Required Access Width Pavement Width 1 ort 1 15' 10' TABLE 18.705.2 VEHICULAR ACCESS/EGRESS REQUIREMENTS: MULTIFAMILY RESIDENTIAL USE [not applicable—no multifamily development is proposed] Elderberry Ridge Subdivision-14775 SW 76'"Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 26 Response: Every proposed lot has its own driveway access onto a local street. The standard in Table 18.705.1 is satisfied. Table 18.705.2 is not applicable because no multifamily development is proposed. 2.Vehicular access to multifamily structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; Response:This provision is not applicable because no multifamily structures are proposed. 3. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code; Response: New streets will provide access to all the lots in the development. New streets are designed to meet the provisions of the Uniform Fire Code, providing sufficient area to accommodate two-way circulation. Final construction design and maintenance requirements can be assured through appropriate conditions of approval. This provision is satisfied. 4. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a. A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; b. A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet; c. The maximum cross slope of a required turnaround is five percent. Response: The private street has a hammerhead-configuration with a depth of 153.5 feet and width of 29 feet.These provisions are satisfied. 5. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length; 6. Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site. Response: These provisions are not applicable because no proposed driveway exceeds 200 feet in length,and no driveway takes access on an arterial or collector street. CHAPTER 18.725: ENVIRONMENTAL PERFORMANCE STANDARDS 18.725.020 General Provisions A. Compliance with applicable state and federal regulations. In addition to the regulations adopted in this chapter, each use, activity or operation within the City of Tigard shall comply with the applicable state and federal standards pertaining to noise, odor and discharge of matter into the atmosphere, ground, sewer system or stream. Regulations adopted by the State Environmental Quality Commission pertaining to non-point source pollution control and contained in the Oregon Administrative Rules shall by this reference be made a part of this chapter. B. Evidence of compliance. Prior to issuance of a building permit, the director may require submission of evidence demonstrating compliance with state, federal and local environmental Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 27 regulations and receipt of necessary permits; these include Air Contaminant Discharge Permits (ACDP)or Indirect Source Construction Permits(ISCP). C. Continuing obligation. Compliance with state,federal and local environmental regulations is the continuing obligation of the property owner and operator. Response: The Applicant recognizes that compliance with all applicable permitting and performance requirements of federal,state and local jurisdictions is required. No exemption from such requirements is being sought in connection with this land use request. Compliance can be assured through appropriate conditions of approval. 18.725.030 Performance Standards A. Noise. For the purposes of noise regulation, the provisions of Sections 6.02.410 through 6.02.470 of the Tigard Municipal Code shall apply. B. 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. C. 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. D. Odors. The emission 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. E. 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. F. 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. (Ord. 12-02§3) Response: The proposed development consists of 40 lots for single-family detached residential construction, which is consistent with City of Tigard zoning and characteristic of the surrounding neighborhood area. There is no evidence to suggest that the proposed development will cause a violation of any applicable environmental performance requirements, and this application does not seek exemption from any of them. Home construction activities,as well as future residents'activities,will be required to comply with the applicable standards. This requirement is met. CHAPTER 18.730: EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.020 Exceptions to Building Height Limitations A. Projections not used for human habitation. Projections such as chimneys, spires, domes, elevator shaft housings, towers excluding TV dish receivers, aerials,flag poles, and other similar objects not used for human occupancy, are not subject to the building height limitations of this title. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 28 B. Building height exceptions. Any building located in a non-residential zone may be built to a maximum height of 75 feet;provided:[detailed provisions omitted for brevity] C. Building heights and flag lots. 1. Limitations on the placement of residential structures on flag lots apply when any of the following exist: a. A flag lot was created prior to April 15, 1985; b. A flag lot is created after April 15, 1985 by an approved partition;or c. A flag lot is created by the approval of a subdivision and the flag lot is located on the periphery of the subdivision so that the lot adjoins other residentially-zoned land. [further provisions omitted for brevity] Response: Future construction will be subject to the building height limitation exceptions in Subsection A. Subsection B is not applicable because the subject property is in a residential zone. Subsection C is not applicable because none of the proposed lots meet the definition of a flag-lot subject to that subsection (subparagraph C.1.a through c). 18.730.030 Zero Lot Line Setback Standards [detailed provisions omitted for brevity] Response: These provisions are not applicable because this request does not include any zero-lot-line development. 18.730.040 Additional Setback Requirements A. Additional setback from roadways. The minimum yard requirement shall be increased in the event a yard abuts a street having a right-of-way width less than required by its functional classification on the City's transportation plan map and, in such case, the setback shall be not less than the setback required by the zone plus one-half of the projected road width as shown on the transportation map. Response:This provision is not applicable because SW 79th Ave right-of-way has sufficient width (or will be dedicated to sufficient minimum widths through the final plat process). B. Distance between multifamily residential structure and other structures on site. [detailed provisions omitted for brevity] Response:This provision is not applicable because no multifamily residential structure is proposed. C. When no yard setback is required. In zoning districts where a side yard or a rear yard setback is not required, a structure which is not to be built on the property line shall be set back from the property line by a distance in accordance with the State Building Code requirements. (Ord. 02-33) Response: The interior lots of the subdivision are not required to meet the setback standards of the code. All structures built on the property shall comply with the State Building Code Requirements. The proposed setbacks for the interior lots shall conform with the base zoning standards except Lots 24 thru 28 which will reduce the side yard setbacks from 5 feet to 3 feet to accommodate the 30-foot side yard setback of Lot 28. 18.730.050 Miscellaneous Requirements and Exceptions A. When abutting properties have non-conforming front setbacks. If there are dwellings on both abutting lots with front yard depths less than the required depth for the zone, the depth of the front yard for the intervening lot need not exceed the average depth of the front yards of the abutting lots. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 29 B. When one abutting property has a nonconforming front setback. If there is a dwelling on one abutting lot with a front yard of less depth than the required depth for the zone, the front yard for the lot need not exceed a depth one-half way between the depth of the abutting lot and the required front yard depth. Response: These provisions are not applicable because homes on neighboring sites do not have nonconforming front setbacks. C. Storage in front yard. Boats, trailers, campers, camper bodies, house trailers, recreation vehicles or commercial vehicles in excess of 3/4 ton capacity may be stored in a required front yard in a residential zone subject to the following: 1. No such unit shall be parked in a visual clearance area of a corner lot or in the visual clearance area of a driveway which would obstruct vision from an adjacent driveway or street; 2. No such unit shall be used for dwelling purposes except that one camper, house trailer or recreational vehicle may be used for sleeping purposes only by friends, relatives or visitors on land entirely owned by or leased to the host person for a period not to exceed 14 days in one calendar year, provided that such unit shall not be connected to any utility, other than temporary electricity hookups and provided that the host person shall receive no compensation for such occupancy or use; 3. Any such unit parked in the front yard shall have current state license plates or registration and must be kept in mobile condition. Response: The applicant acknowledges these legal limitations on storage in the front yards of the proposed lots, but does not waive the right to establish private Conditions, Covenants and Restrictions (CC&Rs) containing more restrictive provisions by agreement among the owners of the proposed subdivision lots. D. Projections into required yards. 1. Cornices, eaves, belt courses, sills, canopies or similar architectural features may extend or project into a required yard not more than 36 inches provided the width of such yard is not reduced to less than three feet. 2. Fireplace chimneys may project into a required front, side or rear yard not more than three feet provided the width of such yard is not reduced to less than three feet. 3. Open porches, decks or balconies not more than 36 inches in height and not covered by a roof or canopy, may extend or project into a required rear or side yard provided such natural yard area is not reduced to less than three feet and the deck is screened from abutting properties. Porches may extend into a required front yard not more than 36 inches. 4. Unroofed landings and stairs may project into required front or rear yards only. Response: The applicant acknowledges and accepts these standards allowing projections into required yards. E. Lot area for flag lots. 1. The lot area for a flag lot shall comply with the lot area requirements of the applicable zoning district. 2. The lot area shall be provided entirely within the building site area exclusive of any accessway(see figure following). F. Front yard determination. The owner or developer of a flag lot may determine the location of the front yard, provided no side yard setback area is less than 10 feet and provided the requirements of Section 18.730.010.C, Building Heights and Flag Lots, are satisfied. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 30 Response:These provisions are not applicable because no flag lots are proposed. CHAPTER 18.745: LANDSCAPING AND SCREENING 18.745.020 Applicability A. Applicability. The provisions of this chapter shall apply to all development including the construction of new structures, remodeling of existing structures where the landscaping is nonconforming (Section 18.760.040.C), and to a change of use which results in the need for increased on-site parking or loading requirements or which changes the access requirements. B. When site development review does not apply. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter by means of a Type I procedure, as governed by Section 18.390.030, using the applicable standards in this chapter. C. Site plan requirements. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. Response:A site plan and landscaping requirements are shown within the Detailed Development Plan in Exhibit N. An Urban Forestry Plan is provided in Exhibit I.These provisions are satisfied. 18.745.030 General Provisions A. Maintenance responsibility. Unless otherwise provided by the lease agreement, the owner, tenant and his or her agent, if any, shall be jointly and severally responsible for the ongoing maintenance of all landscaping and screening used to meet the requirements of this chapter according to applicable industry standards. B. Installation requirements. The installation of all landscaping and screening required by this chapter shall be as follows: 1.All landscaping and screening shall be installed according to applicable industry standards; 2. All plants shall be of high grade, and shall meet the size and grading standards of the American Standards for Nursery Stock(ANSI Z60, 1-2004, and any future revisions);and 3. All landscaping and screening shall be installed in accordance with the provisions of this title. C. Certificate of occupancy. Certificates of occupancy shall not be issued unless the requirements of this chapter have been met or other arrangements have been made and approved by the city such as the posting of a bond. D. Protection of existing plants. Existing plants on a site shall be protected as follows: 1. The developer shall provide methods for the protection of existing plants to remain during the construction process; 2. The plants to remain shall be noted on the landscape plans (i.e., plants to remain can be shown as protected with fencing);and 3. The tree protection provisions outlined in Chapter 18.790 and the Urban Forestry Manual shall apply to the land use review types identified in Section 18.790.020.A. E. Ongoing tree-related rules and regulations. Any trees used to meet the requirements of this chapter shall be subject to all applicable tree-related rules and regulations in other chapters and titles of the Tigard Municipal Code and Tigard Development Code. (Ord. 12-09§1) Response:The applicant is aware of their responsibilities for the installation, maintenance, and protection of new and existing landscaping required by this section.An Urban Forestry Plan provided in Exhibit I,shows the location of existing trees that will be preserved and utilized in the plan.These provisions are satisfied. Elderberry Ridge Subdivision-14775 SW 7V Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 31 18.745.040 Street Trees Standards A. Street trees shall be required as part of the approval process for conditional use (Type Ill), downtown design review (Type II and Ill), minor land partition (Type 11), planned development (Type Ill), site development review(Type II)and subdivision(Type II and III)permits. B. The minimum number of required street trees shall be determined by dividing the linear amount of street frontage within or adjacent to the site (in feet) by 40 feet. When the result is a fraction, the minimum number of required street trees shall be determined by rounding to the nearest whole number. C. Street trees required by this section shall be planted according to the street tree planting standards in the Urban Forestry Manual. D. Street trees required by this section shall be provided adequate soil volumes according to the street tree soil volume standards in the Urban Forestry Manual. E. Street trees required by this section shall be planted within the right-of-way whenever practicable according to the street tree planting standards in the Urban Forestry Manual. Street trees may be planted no more than six feet from the right-of-way according to the street tree planting standards in the Urban Forestry Manual when planting within the right-of-way is not practicable. 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. 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 years (per the street tree planting standards in the Urban Forestry Manual)for each tree below the minimum required. (Ord. 12-09§1;Ord. 09-13) Response: Street tree plantings will be included as part of the construction of street improvements along the SW 79th Ave frontage and the new streets. The minimum number of street trees was calculated out to 64 trees. The spacing of driveways provides numerous opportunities to plant street trees adjacent to rights-of-way. Compliance with these provisions can be assured through a condition of approval. 18.745.050 Buffering and Screening A. General provisions. 1. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles. 2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 32 one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix. 3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the Director's approval as an alternative to the buffer area landscaping and screening standards, provided it affords the same degree of buffering and screening as required by this code. [further provisions omitted for brevity] Response: The majority of the properties surrounding the subject property are in use as detached single-family residence sites. The northern end of the subject property borders a multifamily condominium development consisting of buildings with less than 5 units each. According to Table 18.745.1, no buffering/screening is required where both the abutting existing and proposed uses are the same (in this instance, "Detached Single Units"). Buffer A is required when detached single-family units abut a multi-family development consisting of buildings smaller than 5 units. The border of the subject property abutting the residential single family detached uses will not require a buffer or screening. Lots 35 thru 40 abut the multifamily development and require a 10 foot buffer of lawn per Table 18.745.2. The 15-foot rear yard setback for these lots will meet the requirement for the buffer. These provisions are satisfied. 18.745.060 Re-vegetation A. When re-vegetation is required. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. 8. Preparation for re-vegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway;and 1. Such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved;and 2. After completion of such grading, the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. C. Methods of re-vegetation. 1. Acceptable methods of re-vegetation include hydro-mulching or the planting of rye grass, barley, or other seed with equivalent germination rates, and: a. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area; b. Other re-vegetation methods offering equivalent protection may be approved by the approval authority; c. Plant materials are to be watered at intervals sufficient to ensure survival and growth; and d. The use of native plant materials is encouraged to reduce irrigation and maintenance demands. Response: Site grading, construction of utilities and streets, and house building will involve removal, storage, and redistribution of organic topsoils to provide suitable planting areas within the proposed lots. The applicant will comply with re-vegetation requirements in areas pending active construction. Landscaping of yards surrounding finished homes is likely to exceed these re-vegetation provisions. Compliance can be assured via conditions of approval. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 33 CHAPTER 18.765: PARKING 18.765.030 General Provisions A. Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. 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 dwelling(s). TABLE 18.765.2(excerpt) MINIMUM AND MAXIMUM REQUIRED OFF-STREET VEHICLE AND BICYCLE PARKING REQUIREMENTS (NA:Not Addressed DU:Dwelling Unit (M): Metro Requirement) MAXIMUMI11 MINIMUM ZONE A ZONE B BICYCLE RESIDENTIAL Household Living Single Units, 1.0/DU none(M) none(M) none Detached Response: Future home construction will be required to provide at least one off-street parking space in front of the garage entrance, in compliance with these provisions. There is no minimum bicycle-parking requirement for detached single-family homes. These requirements are satisfied. CHAPTER 18.775: SENSITIVE LANDS The subject property contains sensitive lands associated with Fanno Creek,which flows along the eastern boundary of the subject property, and through a portion of the NE corner of the subject property. A Wetland Delineation Report was conducted on the subject property, and is provided in Exhibit P.The Fanno Creek flood plain elevation is delineated on the Preliminary Plat shown in Exhibit N. A Wetland Mitigation Report was conducted on the subject property and submitted to Clean Water Services, it is provided with the CWS Service Provider Letter in Exhibit D.This Planned Development is designed to preserve sensitive lands associated with Fanno Creek on the subject property. An open space tract,Tract A and Tract D,totaling 10.75 acres, or approximately 64%of the subject property, serves to permanently protect the following designated sensitive lands: (i) 7.32 acres of contiguous delineated wetland, (ii)additional 100-yr floodplain outside the delineated wetland area, (iii) Fanno Creek, and (iv)slopes exceeding 25%.Also preserved by Tract A and Tract D are CWS vegetated corridors for sensitive land areas associated with Fanno Creek. Furthermore, impact to existing wetlands and CWS vegetative corridors will be mitigated through the addition of a 50-foot wide buffer in Tract A and Tract D surrounding the wetlands associated with Fanno Creek.The 10.75-acres of Tract A and Tract D will be considered for dedication to the City of Tigard for the future development of a multi-use path along Fanno Creek. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 34 Public utilities are located above the flood plain. Adequate drainage is provided as shown by the attached Stormwater Report in Exhibit G. Stormwater runoff from the subject property will be treated and conveyed to Fanno Creek.As depicted by the Stormwater Report,the proposed development of the subject property will not affect the drainage patterns of Fanno Creek. While all previously mentioned sensitive land areas will be preserved by Tract A and Tract D, this application for a planned development is subject to requirements of the sensitive land review due to the presence of slopes exceeding 25% located outside of Tract A of Tract D. As depicted by the Geotechnical Report provided in Exhibit H, slopes exceeding 25%are present near Lots 14-19 and Multi-Use Tract C.The site specific investigation completed for the subject property finds no geotechnical issues with the site development as proposed in this application. As per Table 18.390.1 Summary of Permits by Type of Decision-Making Procedure, Sensitive lands permits for areas for slopes exceeding 25%shall be reviewed through a Type II procedure, and are subject to the provisions of Chapter 18.775 Sensitive Lands. The applicable sections of the Tigard Development Code that apply to the Sensitive Land Review and this application are shown below with the applicant's response to how the proposed Planned Development meets the requirements. 18.775.010 Purpose G. Location. Sensitive lands are lands potentially unsuitable for development because of their location within: 4. Steep slopes of 25%or greater and unstable ground;and 18.775.020 Applicability of Uses—Permitted, Prohibited, and Nonconforming A. CWS stormwater connection permit. All proposed development must obtain a stormwater connection permit from CWS pursuant to its design and construction standards. As used in this chapter, the meaning of the word "development"shall be as defined in the CWS "Design and Construction Standards":All human-induced changes to improved or unimproved real property, including: 2. Land division; F. Sensitive lands permits issued by the director. 1. The director shall have the authority to issue a sensitive lands permit in the following areas by means of a Type II procedure, as governed in Section 18.390.040, using approval criteria contained in Section 18.775.070: b. Slopes that are 25%or greater or unstable ground;and 2. Sensitive lands permits shall be required for the areas in paragraph 1 of this subsection F when any of the following circumstances apply: c. Residential and nonresidential structures intended for human habitation;and Response: As per Subsection 18.775.010.G.4 slopes exceeding 25% are classified as sensitive lands. As per Subsection 18.775.020.A.2 land division is classified as development which must obtain a stormwater connection permit from Clean Water Services. A CWS Service Provider Letter is provided in Exhibit D. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 35 As per Subsection 18.775.020.F.1.b a sensitive lands permit for development associated with slopes exceeding 25% shall be issued by the director by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.775.070. As per Subsection 18.775.020.F.2.c a sensitive land permit is required for development including: residential structures for human habitation. Thus, this application includes a Type II Sensitive Lands Permit reviewed by the applicable agencies due to the presence of slopes exceeding 25%on the subject property. 18.775.070 Sensitive Land Permits C. With steep slopes. The appropriate approval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit on slopes of 25% or greater or unstable ground based upon findings that all of the following criteria have been satisfied: 1. Compliance with all of the applicable requirements of this title; 2. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; 3. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; 4. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic;and shallow depth-to-bedrock;and 5. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.745, Landscaping and Screening. Response: As per Subsection 18.775.070.0 this application for a sensitive lands permit due to the presence of slopes exceeding 25% is applicable to 18.775.070 subsections 1 through 5. As addressed herein, this application is in compliance with all applicable provisions of Chapter 18.775 Sensitive Lands, as well as Title 18 Community Development Code. The proposed development will not result in erosion, stream sedimentation, ground instability, or other on-site or off-site effects to life or the property. Public utilities are located above the flood plain. Adequate drainage is provided as shown by the attached Stormwater Report (Exhibit G). Stormwater runoff from the subject property will be treated and conveyed to Fanno Creek. As depicted by the Stormwater Report found in Exhibit G, development of the subject property will not affect the drainage patterns of Fanno Creek. As depicted by the Geotechnical Report provided in Exhibit H, slopes exceeding 25% are present near Lots 14-19 and Multi-Use Tract C, however ground in stable and the proposed development is geotechnically feasible. Structures are appropriately sited, and are designed to ensure structural stability and proper drainage. Existing conditions on the subject property are the result of a multiple generation use of the property for cattle and farm uses. As the subject property has been historically used for grazing livestock, there are few existing trees. Thus, the removal of natural vegetation to necessitate development will be limited. However,this application will mitigate the impact of development on natural vegetation to the greatest extent feasible. 18.775.080 Application Submission Requirements Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 36 All applications for uses and activities identified in 18.775.O20.A through G shall be made on forms provided by the director and must include the following information in graphic, tabular and/or narrative form. The specific information on each of the following is available from the director: A. A CWS stormwater connection permit; B. A site plan; C. A grading plan; D. An urban forestry plan per Chapter 18.790(for 18.775.02O.F and G);and E. A landscaping plan. (Ord. 12-09§1) Response:A CWS Service Provider Letter, site plan,grading plan and urban forestry plan are included with this application. A landscaping plan for the sensitive lands on the property will be designed in cooperative planning effort with the City Parks Department and Clean Water Services in the future. These provisions have been satisfied. CHAPTER 18.790: URBAN FORESTRY PLAN 18.790.030 Urban Forestry Plan Requirement 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; 2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual; 3. Meet the tree canopy site plan standards in the Urban Forestry Manual;and 4. Meet the supplemental report standards in the Urban Forestry Manual. 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. C. Tree canopy fee use. Tree canopy fees provided to the city shall be deposited into the urban forestry fund and used as approved by council through a resolution. (Ord. 12-09§1) Response:The applicant has retained a professional consulting arborist to evaluate existing trees on the property and make recommendations for tree retention and replanting (Exhibit I). The Tree Preservation and Removal Site Plan (Exhibit N) includes the locations and generalized types and trunk sizes for on-site existing trees. The Grading Plan (Exhibit N) identifies trees to be retained during construction and the locations for placement of protective fencing. Consideration was taken in the development of the site plan to preserve existing trees. Based upon the Urban Forestry Plan shown in Exhibit I, the preservation of existing trees and planting of new trees will satisfy all required Urban Forestry Plan requirements.These provisions are satisfied. 18.790.040 Discretionary Urban Forestry Plan Review Option Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 37 Response:This Section is not applicable because this application does not include a request to utilize any of the Discretionary Urban Forestry Plan Review Option. 18.790.050 Flexible Standards for Tree Planting and Preservation 3. General provisions. To assist in the preservation and/or planting of trees and significant tree groves, the director may apply one or more of the following flexible standards as part of the land use review approval. To the extent that the standards in this section conflict with the standards in other sections of this title, the standards in this section shall apply except in cases where the director determines there would be an unreasonable risk to public health,safety, or welfare. Use of the flexible standards shall be requested by the project arborist or landscape architect as part of the land use review process. The flexible standards are only applicable to trees that are eligible for credit towards the effective tree canopy cover of the site. Response:This Section is not applicable because the subject property will not be able to utilize the adjustments to preserve existing trees. 18.790.060 Urban Forestry Plan Implementation A. General provisions.An urban forestry plan shall be in effect from the point of land use approval until the director determines all applicable urban forestry plan conditions of approval and code requirements have been met. For subdivisions and partitions, the urban forestry plan shall remain in effect for each resulting lot or tract separately until the director determines all applicable urban forestry plan conditions of approval and code requirements have been met. Prior and subsequent permitting decisions regarding the planting, maintenance, removal and replacement of trees when not associated with one of the land use review types in 18.790.020.A shall be administered through Title 8(Urban Forestry)of the Tigard Municipal Code. B. Inspections. Implementation of the urban forestry plan shall be inspected, documented and reported by the project arborist or landscape architect whenever an urban forestry plan is in effect. In addition, no person may refuse entry or access to the director for the purpose of monitoring the urban forestry plan on any site with an effective urban forestry plan. The inspection requirements in the Urban Forestry Manual shall apply to sites with an effective urban forestry plan. C. Tree establishment. The establishment of all trees shown to be planted in the tree canopy site plan(per 18.790.030.A.3)and supplemental report(per 18.790.030.A.4)of a previously approved urban forestry plan shall be guaranteed and required according to the tree establishment requirements in the Urban Forestry Manual. D. Urban forest inventory.Spatial and species specific data shall be collected according to the urban forestry inventory requirements in the Urban Forestry Manual for each open grown tree and area of stand grown trees in the tree canopy site plan (per 18.790.030.A.3)and supplemental report(per 18.790.030.A.4)of a previously approved urban forestry plan. (Ord. 12-09§1) Response:An Urban Forestry Plan is submitted with this application as shown in Exhibit I.This provision is satisfied. CHAPTER 18.795: VISUAL CLEARANCE AREAS 18.795.020 Applicability of Provisions Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 38 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 and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. B. When site development review is not required. Where the provisions of Chapter 18.330,Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter through a Type I procedure, as governed by Section 18.390.030, using the standards in this chapter as approval criteria. 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. C. Additional topographical constraints. Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges, plantings,fences, walls, wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required clear vision area. Response:The intersection of the new private street and SW 79th Ave, as well as the intersection of SW 78th Ave. and SW 76th Ave.will require 30 foot vision clearance areas. New home construction and driveways on each of the proposed lots will be required to meet the applicable visual clearance triangle requirement. A Preliminary Site Distance analysis is included within the Traffic Analysis (See Exhibit 0). These provisions have been satisfied. 18.795.040 Computations A. Arterial streets. On all designated arterial streets the visual clearance area shall not be less than 35 feet on each side of the intersection. B. Non-arterial streets. 1. Non-arterial streets 24 feet or more in width.At all intersections of two non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where at least one of the streets or driveways is 24 feet or more in width, a visual clearance area shall be a triangle formed by the right-of-way or property lines along such lots and a straight line joining the right-of-way or property line at points which are 30 feet distance from the intersection of the right-of-way line and measured along such lines. See Figure 18.795.1: 2. Non-arterial streets less than 24 feet in width. At all intersections of two non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where both streets and/or driveways are less than 24 feet in width, a visual clearance area shall be a triangle whose base extends 30 feet along the street right-of-way line in both directions from the centerline of the accessway at the front setback line of a single family and two family residence, and 30 feet back from the property line on all other types of uses. Elderberry Ridge Subdivision-14775 SW 76`h Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 39 Response: The street plan for the proposed development will include a new private street intersecting SW 79th Ave that terminates in a hammerhead-configuration. The new intersection will require a 30 foot vision clearance with SW 79th Ave. The intersection of SW 78th Ave. to SW 76th Ave. will also require the 30 foot vision clearance areas. New home construction and driveways on each of the proposed lots will be required to meet the applicable visual clearance triangle requirement. A Preliminary Site Distance analysis is included within the traffic analysis(See Exhibit 0).These provisions have been satisfied. CHAPTER 18.810: STREETS AND UTILITY IMPROVEMENT 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. 4 Any new street or additional street width planned as a portion of an existing street shall meet the standards of this chapter. 5. If the city could and would otherwise require the applicant to provide street improvements, the city engineer may accept a future improvements guarantee in lieu of street improvements if one or more of the following conditions exist: a. A partial improvement is not feasible due to the inability to achieve proper design standards; b. A partial improvement may create a potential safety hazard to motorists or pedestrians; c. Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide a significant improvement to street safety or capacity; d. The improvement would be in conflict with an adopted capital improvement plan; e. The improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets;or f. Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street. 6. The standards of this chapter include the standard specifications adopted by the city engineer pursuant to Section 18.810.020.8. 7. The approval authority may approve adjustments to the standards of this chapter if compliance with the standards would result in an adverse impact on natural features such as wetlands, bodies of water, significant habitat areas, steep slopes, or existing mature trees. The approval authority may also approve adjustments to the standards of this chapter if compliance with the standards would have a substantial adverse impact on existing development or would preclude development on the property where the development is proposed. In approving an adjustment to the standards, the approval authority shall balance the benefit of the adjustment with the impact on the public interest represented by the Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 40 standards. In evaluating the impact on the public interest, the approval authority shall consider the criteria listed in Section 18.810.030.E.1.An adjustment to the standards may not be granted if the adjustment would risk public safety. Response: The proposed planned development includes the extension of SW 78th Ave. and SW Hansen Ln.to SW 76th Ave in the northern end of the development as public streets. The western section of the development will have a private street intersecting with SW 79th Ave and terminating in a hammerhead- configuration. All streets shall be built to satisfy applicable standards of this section. These provisions are satisfied. B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be created through the approval of a final subdivision plat or major partition; however, the council may approve the creation of a street by acceptance of a deed, provided that such street is deemed essential by the council for the purpose of general traffic circulation. 1. The council may approve the creation of a street by deed of dedication without full compliance with the regulations applicable to subdivisions or major partitions if any one or more of the following conditions are found by the council to be present: a. Establishment of a street is initiated by the council and is found to be essential for the purpose of general traffic circulation, and partitioning or subdivision of land has an incidental effect rather than being the primary objective in establishing the road or street for public use;or b. The tract in which the road or street is to be dedicated is an isolated ownership of one acre or less and such dedication is recommended by the commission to the council based on a finding that the proposal is not an attempt to evade the provisions of this title governing the control of subdivisions or major partitions. 2. With each application for approval of a road or street right-of-way not in full compliance with the regulations applicable to the standards, the proposed dedication shall be made a condition of subdivision and major partition approval. a. The applicant shall submit such additional information and justification as may be necessary to enable the commission in its review to determine whether or not a recommendation for approval by the council shall be made. b. The recommendation, if any,shall be based upon a finding that the proposal is not in conflict with the purpose of this title. c. The commission in submitting the proposal with a recommendation to the council may attach conditions which are necessary to preserve the standards of this title. 3. All deeds of dedication shall be in a form prescribed by the city and shall name "the public" as grantee. Response:All proposed public rights-of-way will be dedicated as part of the final plat process. D. Street location, width and grade. Except as noted below, the location, width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets: 1. Street grades shall be approved by the city engineer in accordance with subsection N below; and Elderberry Ridge Subdivision-14775 SW 76'"Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 41 2. Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development shall either: a. Provide for the continuation or appropriate projection of existing streets in the surrounding areas, or b. Conform to a plan adopted by the commission, if it is impractical to conform to existing street patterns because of particular topographical or other existing conditions of the land. Such a plan shall be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety. Response: The proposed street network will extend SW 78th Ave. and SW Hansen Ln. to connect to SW 76th Ave. This will continue the appropriate pattern of the existing street network and complete the missing connections. The hammerhead termination in the western portion of the subject property is proposed due to the constraints of the Fanno Creek sensitive areas. 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,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. 1. The decision-making body shall make its decision about desired right-of-way width and pavement width of the various street types within the subdivision or development after consideration of the following: a. The type of road as set forth in the comprehensive plan transportation chapter- functional street classification. b. Anticipated traffic generation. c. On-street parking needs. d. Sidewalk and bikeway requirements. e. Requirements for placement of utilities. f. Street lighting. g. Drainage and slope impacts. h. Street tree location. i. Planting and landscape areas. j. Safety and comfort for motorists, bicyclists, and pedestrians. k. Access needs for emergency vehicles. Response: SW 79th Ave is classified as a Neighborhood Route.This designation will require a 54' right of way and 32' wide improvement. A half-street improvement with curbs at 16' from centerline will be constructed in addition to a 5' planter strip and 5'sidewalk per city of Tigard street standards. SW 74th Ave., SW Hansen Ln., and SW 78th Ave. are classified as local Residential Streets with less than 500 vehicle trips per day at the subject property location. The new extensions of SW 78th Ave. and SW Hansen Ln. will provide a 50-foot ROW with 28 feet of pavement and 5-foot planting strips and 5-foot sidewalks. SW 76th Ave will receive a half-street improvement to add additional ROW and full street improvements on the section that falls entirely within in the subject property. The improvements and Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard, OR 97224 WESTLAKE CONSULTANTS,Inc. 42 ROW dedication will provide a 54-foot ROW with 32-feet of pavement, a 5-foot sidewalk and 5-foot planting strip. The private street with hammerhead-configuration on the western end of the development will be built in a 29-foot tract with 28-feet of pavement. A 5 foot sidewalk will be built within an easement on the northern leg of the tract to allow for pedestrian connectivity via the multi-use path in Tract B. The proposed improvements will meet all applicable city road standards. 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 culs-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. Response: This subdivision will complete the existing street network in the area for automobile traffic. A street vacation process is being conducted concurrently with this application for a portion of the SW 76th Ave ROW which runs north to south through the middle of the subject property. The possibility of extending SW 76th Ave south through the subject property is not feasible due to the existing wetlands and flood plain of Fanno Creek and adjacent existing subdivisions, which blocks the connection and the end of the ROW. Due to the constraints of the Fanno Creek flood plain, the western development of the subject property utilizes a private street which terminates in hammerhead-configuration. No possible street connection can be made to the other sections of the development without major impacts to existing sensitive areas and wetlands. Both sections of the development promote pedestrian connectivity, providing access and future connections with a possible future trail system in the Fanno Creek flood plain via multi-use Tract B and Tract C. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 43 G. Street spacing and access management. Refer to Section 18.705.030.H. Response:See findings above under Section 18.705.030.H. These provisions are satisfied. 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 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. Response: As stated earlier in this report,SW 78th Ave. and SW Hansen Ln. currently end in stub streets. They will be extended with this development to connect with SW 76th Ave. to complete the existing street network. The western section of the development is constricted by the natural constrains of Fanno Creek, thus street connection is not possible. Pedestrian access connecting both sections of the development and Tract A and Tract D,will be provided via multi-use Tract B and Tract C(See Exhibit N). I. Intersection angles. Streets shall be laid out so as to intersect at an angle as near to a right angle as practicable, except where topography requires a lesser angle, but in no case shall the angle be less than 75° unless there is special intersection design, and: 1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; 2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the right-of-way lines of the acute angle;and 3. Right-of-way lines at intersection with arterial streets shall have a corner radius of not less than 20 feet. Response: The proposed streets meet these requirements.These provisions are satisfied. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 44 J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract are of less than standard width, additional rights-of-way shall be provided at the time of subdivision or development. Response: The right of way of SW 79th Ave and SW 76th Ave shall meet the Neighborhood Route design standard which requires 54 feet of right-of-way.The proposed right of way width will be 27 feet from centerline.This project will dedicate any additional land to meet the required ROW.This provision is satisfied. K. Partial street improvements. Partial street improvements resulting in a pavement width of less than 20 feet, while generally not acceptable, may be approved where essential to reasonable development when in conformity with the other requirements of these regulations, and when it will be practical to require the improvement of the other half when the adjoining property developed. Response: No partial street improvements are proposed.This provision is not applicable. L. Culs-de-sacs. A cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: 1. All culs-de-sac shall terminate with a turnaround. Use of turnaround configurations other than circular shall be approved by the city engineer;and 2. The length of the cul-de-sac shall be measured from the centerline intersection point of the two streets to the radius point of the bulb. 3. If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the city. Response:A hammerhead-configuration is proposed for the private street on the western section of the development. This configuration will meet the requirement of the City Engineer. These provisions are satisfied. M. Street names. No street name shall be used which will duplicate or be confused with the names of existing streets in Washington County, except for extensions of existing streets.Street names and numbers shall conform to the established pattern in the surrounding area and as approved by the city engineer. Response:A proposed street name for the new street will be proposed through the City Engineer.The extensions of the existing streets shall continue the existing names. This provision is satisfied. 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 Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 45 2. Centerline radii of curves shall be as determined by the city engineer. Response: The grade of the proposed street will meet city design standards. These provisions are satisfied. 0. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080, and: 1. Concrete curbs and driveway approaches are required;except: 2. Where no sidewalk is planned, an asphalt approach may be constructed with city engineer approval;and 3. Asphalt and concrete driveway approaches to the property line shall be built to city configuration standards. Response: Concrete curbs and sidewalks will be constructed as part of the street construction for the project per city standards. These provisions are satisfied. S. Survey monuments. Upon completion of a street improvement and prior to acceptance by the city, it shall be the responsibility of the developer's registered professional land surveyor to provide certification to the city that all boundary and interior monuments shall be reestablished and protected. Response:Survey monuments will be set per city and county standards as part of the subdivision process.This provision is satisfied. 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. 2. Bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is exempted by subsection B.1 of this section.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. (Ord. 06-20;Ord. 02-33) Response:The extension of SW 78th Ave. St and SW Hansen Ln. will form a block with the connection of SW 76th Ave. The total block perimeter will be less than 2,000 feet. A pedestrian connection will be provided between the western section of development and the northern section via multi-use Tract B and Tract C. This connection will also provide access to the possible future multi-use path in the open space areas,Tract A and Tract D, along Fanno Creek.These provisions are satisfied. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard, OR 97224 WESTLAKE CONSULTANTS,Inc. 46 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. 3. Depth and width of properties zoned for commercial and industrial purposes shall be adequate to provide for the off-street parking and service facilities required by the type of use proposed. A. 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 subsection 18.162.050.0 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. 8. 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. C. 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. D. Large lots. In dividing tracts into large lots or parcels which at some future time are likely to be redivided, the commission may require that the lots be of such size and shape, and be so divided into building sites, and contain such site restrictions as will provide for the extension and opening of streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller size. The land division shall be denied if the proposed large development lot does not provide for the future division of the lots and future extension of public facilities. Response: Each of the proposed lots will take access onto a public or private street, meeting the criteria of the code. The lots are laid out in rectangular shape with sufficient space to build the proposed single family detached houses.There are no through lots in the development.All side lot lines are at a right angle to the street.The proposed lots for houses will not be large enough for future subdivision. These provisions are satisfied. 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. 1. As part of any development proposal, or change in use resulting in an additional 1,000 vehicle trips or more per day, an applicant shall be required to identify direct,safe(1.25 x the straight line distance) pedestrian routes within 1/2 mile of their site to all transit facilities and neighborhood activity centers (schools, parks, libraries, etc.). In addition, the developer may be required to participate in the removal of any gaps in the pedestrian system off-site if justified by the development. 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 Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 47 meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). C. Planter strip requirements. A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: there is inadequate right-of-way; the curbside sidewalks already exist on predominant portions of the street; it would conflict with the utilities; there are significant natural features (large trees, water features, significant habitat areas, etc.) that would be destroyed if the sidewalk were located as required; or where there are existing structures in close proximity to the street(15 feet or less). Additional consideration for exempting the planter strip requirement may be given on a case-by-case basis if a property abuts more than one street frontage. Response:Sidewalks are proposed, pursuant to the City's design sections for the two types of roadways. Sidewalks will be built curb tight on one side of the proposed private street. The sidewalk on public streets will be placed behind a planter strip per city street standards for a neighborhood street.These provisions are satisfied. 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-sizinq. Proposed sewer systems shall include consideration of additional development within the area as projected by the comprehensive plan. D. Permits denied. Development permits may be restricted by the commission or hearings officer where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat to public health or safety,surcharging of existing mains, or violations of state or federal standards pertaining to operation of the sewage treatment system. Response:A new sewer line will connect to the existing sewer line running along SW 76th Ave and running behind Lots 11 thru 17 to avoid the sensitive areas in Tract A and Tract D.The line will serve the western section of the development and extend to the ROW of SW 79th Ave to allow future connections. An existing line located in the alignment of the SW 78th Ave. will provide service for Lots 34 thru 40. Lots 20 thru 33 will tie into a stub line which will be placed in the extension of SW Hansen Ln.There is adequate depth of service for each lot for gravity service.These provisions are satisfied. 18.810.100 Storm Drainage A. General provisions. The director and city engineer shall issue a development permit only where adequate provisions for storm water 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. B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 48 substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. 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). 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). Response:Storm water runoff from the lots and paved surfaces will be collected through catch basins and pipes and extended to two water quality facilities in multi-use Tract B and Tract C. Following treatment,the water will be conveyed to the Fanno Creek drainage system. A Stormwater Report has been prepared (Exhibit G)that addresses projected runoff volumes from the project and any impacts to downstream facilities. Analysis will be completed in accordance with CWS standards.These provisions are satisfied. 18.810.110 Bikeways and Pedestrian Pathways A. Bikeway extension. 1. As a standard, bike lanes shall be required along all arterial and collector routes and where identified on the city's adopted bicycle plan in the transportation system plan(TSP). Bike lane requirements along collectors within the Downtown Urban Renewal District shall be determined by the city engineer. 2. Developments adjoining proposed bikeways identified on the city's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or rights-of-way,provided such dedication is directly related to and roughly proportional to the impact of the development. 3. Any new street improvement project shall include bicycle lanes as required in this document and on the adopted bicycle plan. Response: New streets shall be built to City standards with the construction of sidewalks. 79th Ave. is designated on the City's 2035 Transportation System Plan for future pedestrian improvements to include sidewalks and bicycle improvements. Improvements to 79th Ave. will consist of half street improvements along the subject property's frontage to bring the roadway to City standards.The roadway will be widened to provide pavement 16 feet from the centerline,curb and gutter, a 5 foot planting strip with street trees,and a 5 foot sidewalk. 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: Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 49 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. B. Information on development plans. The applicant for a development shall show on the development plan or in the explanatory information, easements for all underground utility facilities, and: 1. Plans showing the location of all underground facilities as described herein shall be submitted to the city engineer for review and approval;and 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. C. Exception to underproundinq 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. 3. Properties within the CBD zoning district shall be exempt from the requirements for undergrounding of utility lines and from the fee in-lieu of undergrounding. 4. The exceptions in paragraphs 1 through 3 of this subsection C shall apply only to existing utility lines.All new utility lines shall be placed underground. D. Fee in-lieu of undergrounding. 1. The city engineer shall establish utility service areas in the city.All development which occurs within a utility service area shall pay a fee in-lieu of undergrounding for utilities if the development does not provide underground utilities, unless exempted by this code. 2. The city engineer shall establish the fee by utility service area which shall be determined based upon the estimated cost to underground utilities within each service area. The total estimated cost for undergrounding in a service area shall be allocated on a front foot basis to each party within the service area. The fee due from any developer shall be calculated based on a front foot basis. 3. A developer shall receive a credit against the fee for costs incurred in the undergrounding of existing overhead utilities. The city engineer shall determine the amount of the credit, after review of cost information submitted by the applicant with the request for credit. 4. The funds collected in each service area shall be used for undergrounding utilities within the city at large. The city engineer shall prepare and maintain a list of proposed undergrounding projects which may be funded with the fees collected by the city. The list shall indicate the estimated timing and cost of each project. The list shall be submitted to the City Council for their review and approval annually. Elderberry Ridge Subdivision-14775 SW 76th Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 50 Response: All new service utilities will be placed underground per city standards. Undergrounding of existing utilities will be determined at time of final construction documents. The developer will coordinate efforts with the city regarding undergrounding locations and costs. SUMMARY AND REQUEST The applicant has utilized a design team consisting of planning, engineering, arborist, geotechnical, transportation and environmental professional to analyze and design a planned development subdivision detailed plan for the 16.74-acre subject property while preserving and protecting 10.75 acres of sensitive lands as permanent open space,which is 64%of the subject property. Through this narrative and submitted reports, plans and exhibits, the Applicant Riverside Homes has demonstrated that the proposed 40 lot Elderberry Ridge Planned Development Subdivision complies with all applicable standards and approval criteria, and respectfully requests approval of this Land Use Request. Elderberry Ridge Subdivision- 14775 SW 76th Ave.Tigard,OR 97224 WESTIAKE CONSULTANTS,Inc. 51 EXHIBIT A ELDERBERRY PROJECT NO. 1306-006 OCTOBER, 5,2016 SW 76TH AVENUE-VACATION DESCRIPTION A TRACT OF LAND SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 21, TOWNSHIP 2 SOUTH,RANGE 1 WEST,OF THE WILLAMETTE MERIDIAN,IN THE CITY OF TIGARD,COUNTY OF WASHINGTON, STATE OF OREGON,THE BOUNDARIES OF WHICH BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT ALONG THE EAST RIGHT-OF-WAY LINE OF SW 76TH AVENUE, WHICH BEARS SOUTH 0°21'27" WEST, 118.8 FEET,MORE OR LESS,FROM THE NORTHWEST CORNER OF LOT 52 "DURHAM ACRES", SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY OF,FUTURE, SW HANSEN LANE; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE SOUTH 0°21'27"WEST,96.7 FEET, MORE OR LESS,TO THE NORTH LINE OF FUTURE,OPEN SPACE,TRACT"A"; THENCE ALONG SAID NORTH LINE,NORTH 89°52'02" WEST,40.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF SW 76TH AVENUE; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE NORTH 0°21'27"EAST, 84.5 FEET, MORE OR LESS,TO SAID SOUTHERLY RIGHT-OF-WAY OF,FUTURE, SW HANSEN LANE BEING A POINT ON A NON-TANGENT 47.00 FOOT RADIUS CURVE,A RADIAL LINE THROUGH WHICH BEARS SOUTH 9°35'23" WEST,MORE OR LESS; THENCE ALONG SAID CURVE, TO THE LEFT,THROUGH AN ANGLE OF 52°54'43", MORE OR LESS,THE CHORD OF WHICH BEARS NORTH 73°08'00"EAST 41.88 FEET, MORE OR LESS,AN ARC LENGTH OF 43.40 FEET TO THE POINT OF BEGINNING. CONTAINING 3,485 SQUARE FEET, MORE OR LESS. BEARINGS ARE BASED ON PLAT OF"PROSPECT MEADOWS" REGISTERED PROFESSIONAL D SURVEYOR OREG IV JULY 25. 1990 GARY R. ANDERSON 2434 RENEWS: rZ 13/I/7_ ✓-\1306006.15\Suzy\CAD\t4 K\PO 13060116 76TH VAC 20161005.dacx i� b ,. .3,, Sccle 1"= 00' rte•--•——.—T k.——. .� f II •1I I 1 'I 1 I al - II D I I ri I I I I I I — SW HANSEN LANE I �, I 7 200 / 200'---moi' \� I I Vacated R/W j I I I I I I I I 1 I I I I I 1 f ffected Area Boundary <D , T / / / 9, EXHIBIT — Affected Area DATE DRAWN BY Nov. 2016 111 WESTLAKE SW 76th Right—of—Way Vacation CNECKmBY kis corlsmreNrs.o BNGINE6RWG • 30EYEYMG • PUNNING REN50N ELDERBERRY Subdivision - Riverside Homes 06 No 0 aowsitY,sum uo • WMMAITS 1305-006 M ��- ,,,, �. 1- 1 76th Ave P '- , IL- ": t ROW Vacation e rIlk ara, .rte'_: ;�r Y + I - - . A ,s,r1t. 1. - :y . . .. ,-r..-f - vig; 0 VAC2016-00002 TgrV 1(k ...41.3.__.o...t.4klIllkl" --,,, ..li..... im ,,. ,'--. = makilt--,, :: - , . : _,- t. Vacation : . r :4�. to r _ Area �: `�N' , `' _f Taxlot 1 f� Boundaries illi. 1' i '. 4 t 1!, yi +! 1 • t , 1 t '.: 11^0"1111 R . It 0 I no K 1 ill i .....,.;-..--.,- --k ,„,,,,,, , :,::*.• +!lb } ..:' y' - ••,•4 -:11-1---P . 4 S p '' DATASO ge URCES f Gn MAPS .* «µ w n t •* 1„ I �' AM.4,1DISCLAIMER - :: ,w,.ew.<..se, AIS-2970 6. Business Meeting Meeting Date: 02/14/2017 Length (in minutes): 5 Minutes Agenda Title: CONSIDERATION OF TRANSPORTATION STUDY FOR 72ND AVENUE/TIGARD TRIANGLE AREA CONTRACT Prepared For: Joseph Barrett Submitted By: Kelly Burgoyne, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract for a transportation study in the 72nd Avenue/Tigard Triangle area? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award a contract for a transportation study in the 72nd Avenue/Tigard Triangle area to Angelo Planning for an amount not to exceed$200,000. KEY FACTS AND INFORMATION SUMMARY 72nd Avenue/Tigard Triangle Transportation Study The city is looking to conduct a study that will assist in determining the ultimate desired configuration of 72nd Avenue from Pacific Highway south through the Tigard Triangle to approximately SW Tech Center Drive on the south end of the Hwy 217/72 nd Ave interchange. There are many transportation needs along 72nd Avenue through the Tigard Triangle and many ideas on how these needs should be addressed. Existing issues in this corridor include poor walking and cycling conditions,particularly in the Hwy 217 interchange area and near Pacific Hwy(Hwy 99W),and a lack of alternate routes. Significant traffic congestion exists,particularly on southbound 72 nd Avenue through the Hwy 217 interchange. The study will take into account desires and products from the Tigard Triangle planning and code process underway,current and future traffic data/projections,Southwest Corridor planning,as well as agencies,citizen and staff input. The goal is a walkable, bikeable,transit-oriented,livable,human scale corridor that somehow also accounts for access in,out and through the Tigard Triangle. The product should align with the city's Strategic Vision,Tigard Triangle Strategic Plan, and the Metro High Capacity Transit Southwest Corridor Land Use Plan. The product will include conceptual level cost estimates for proposed improvements and an implementation strategy. The city issued a qualification-based request for proposal (QBS) for the engineering services in mid-November and received proposals from three firms: Angelo Planning,Kittelson&Associates,and Otak. Proposals were reviewed and ranked based on the criteria identified in the QBS packet: •Project Understanding,Approach,and Interest; •Consultant's Project Team; •Consultant Team's Experience with Similar Projects;and •Project Management. Angelo Planning was the top-ranked firm after the review and staff entered into negotiations with them for the work. The city and Angelo Planning were able to settle on a negotiated price of$200,000 for the work. As such, staff is proposing the Local Contract Review Board award a contract to Angelo Planning for a transportation study in the 72nd Avenue/Tigard Triangle area for an amount not to exceed$200,000. OTHER ALTERNATIVES The Local Contract Review Board may reject the contract award for 72nd Avenue/Tigard Triangle transportation study and either direct staff to revise the scope of the project or shelve the project. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION This is the first time the Local Contract Review Board has seen this contract. Fiscal Impact Cost: $200,000 Budgeted (yes or no): Yes Where Budgeted (department/program): Gas Tax Fund Additional Fiscal Notes: 72nd Avenue/Tigard Triangle Transportation Study The proposed contract is for$200,000. The current fiscal year's budget has $210,000 budgeted for Design and Engineering Services for the project(Project#95051) via the Gas Tax Fund. Attachments No file(s)attached AIS-3017 7. Business Meeting Meeting Date: 02/14/2017 Length (in minutes): 10 Minutes Agenda Title: CONSIDERATION OF ON-CALL AND OF RECORD ENGINEERING AND RELATED SERVICES CON 1RACTS Submitted By: Carol Krager,Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting- Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a number of on-call and of-record contracts related to small engineering and related service needs? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends the Local Contract Review Board award multiple contracts across an array of disciplines as identified below for on-call and of-record contracts related to small engineering and related services needs. KEY FACTS AND INFORMATION SUMMARY On-Call and Of-Record Engineering and Related Services Contracts The city has a robust Capital Improvement Program (CIP) and has an annual need for a wide range of consulting services associated with the public infrastructure of the City—e.g.,the sewer, stormwater,water, parks/greenways,public facilities,and street systems. A number smaller projects within the CIP involve low dollar,short term consulting services and do not use any federal or state monies. Often,the solicitation of these consultants can be a bit time consuming and add time to the project. The city is looking to create a list of on-call and of record contracts with a number of qualified firms in various engineering or engineering related services that would expedite the solicitation process. This process actually involves a more robust and inclusive process than is typically used and should result in a better product for the city while expediting workflow. The city issued a qualification-based request for proposal (QBS) for the categories of work in late October. It was intent of the city to award contracts to multiple firms in the on-call categories and to a single firm in the of-record categories. Categories included in the QBS (along with their on-call/of record designation) were as follows: •Utility Project Planning and Engineering(On-Call) •Transportation Project Planning and Engineering(On-Call) •Land Surveying Services (On-Call) •Soils and Geotechnical Engineering(On-Call) •Transportation Systems Engineering&Analysis (On-Call) •Stream Channel&Outfall Engineering&Analysis (On-Call) •Water Systems Modeling&Analysis (Of Record) •Aquifer Storage&Recovery System(ASR) Hydrogeologist (Of Record) •Supervisory Control Data Acquisition System (SCADA) Consultant(Of Record) •Environmental Permitting Support Services (On-Call) •Landscape Architectural Services (On-Call) •Architectural Services (On-Call) The city received a high volume of proposals across the categories. Firms were able to submit proposals for multiple categories so the review of the full scope of proposals was a timely process. The proposals for each category were scored in accordance with the criteria detailed in the QBS: General Qualifications and Responsiveness,Understanding and Project Management Approach,Category Specific Company Qualifications,and Category Specific Technical Personnel. Firms were scored and ranked in each category. In the categories for on-call services,the city is looking to contract with between 1 and 5 firms while the of record categories will have a single awarded contract. The attached spreadsheet details the categories and proposed consultants receiving a contract in each one. The city's intention is to use these contracts much like the expired"qualified list" for QBS-related services. These contracts are specifically targeted to smaller,short term projects within the overall CIP Program or other budgeted program that are typically not using any federal or state monies. These contracts will allow the city to remain compliant with current QBS-rules for contracted work under$100,000 by issuing a task order against the contract. The city has actually conducted a more competitive and open process under this action rather than a qualified-list direct appointment. For larger design projects and major studies with fees expected to exceed$100,000,or that will use State or Federal monies and require a separate selection process,the City will continue to conduct project-specific qualification-based solicitations in accordance with Tigard's Public Contracting Rules. Being selected or not selected on this RFP will not affect any firms'ability to propose on other consulting work for which the City issues a separate,project-specific RFP. Staff does not have a not to exceed contract total identified for the work but no task order shall exceed $100,000. The contracts shall be for two to four years and work will be shared over the contracts to the fullest extent possible. OTHER ALTERNATIVES The Local Contract Review Board may reject the contract awards for the on-call and of-record engineering and related services and direct staff to continue hiring these consultants as in the past. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION This is the first time the Local Contract Review Board has seen the proposed contracts. Fiscal Impact Cost: Varies Budgeted (yes or no): Yes Where Budgeted (department/program): Multiple Additional Fiscal Notes: On-Call and Of-Record Contracts The proposed contracts for on-call and of record engineering and related services will not have total contract not to exceed amounts as part of the contract;however,no task order issued against any of them shall exceed$100,000. Task orders will only be issued for projects that are budgeted within CIP and Department Budgets. Attachments On-Call and Of Record Selected Firms < cn v - v O O _ 2 n Gl 0 0 m O (l n D D f1 < c O v d H v + p (Li 2 › O m rD O CCD v v - v " D m N m ,--' 7D o O D v ° v Z n ._. N. D c 3 - n D ro �< O ZZ c v+ D cri A- Oc o_ 2 00 < rD `^ G< r m CD w O oo < —I Gl m c SN c x A rD Z v r ""1 -< Z D O� O g > m r < -< < < -< ro 0 0 CDCD CD 1. 1 Utility Project Planning and Engineering < < < -< < rvD o 0 CD 0 1. 2 Transportation Project Planning and Engineering < < < ID co (ID N w 1.3 Land Surveying Services 1.4 Soils and Geotechnical Engineering LA., ro N a) 1.5 Tranpsortation Systems w Engineering&Analysis 1.6 Stream Channel&Outfall w Engineering&Analysis to2.1 Consultant of Record:Water Systems Modelling&Analysis ro 2.2 Consultant of Record:Aquifer N Storage&Recovery(ASR)System 2.3 Consultant of Record: Supervisory Control Data N Acquisition(SCADA)System CD ID co 3.1 Environmental Permitting A Support Services < -< -< CD CD CD v, Cr Cr w 3.2 Landscape Architecture Services < ro s 3.3 Architectural Services -I0 -ID r- 1--, 'r` 1-, I-' f-, NJ i-, W I-, Ni NJ F- F-, I--‘ /-, I--, I-` Ni W I-, I-A A AIS-3018 8. Business Meeting Meeting Date: 02/14/2017 Length (in minutes): 5 Minutes Agenda Title: CONSIDERATION OF DIRKSEN NATURE PARK BOARDWALK DESIGN,FABRICATION AND DELIVERY CONTRACT Prepared For: Joseph Barrett Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Local Contract Review Board Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the Local Contract Review Board award a contract to Western Wood Structures for design, fabrication, and delivery of a wooden boardwalk for Dirksen Nature Park? STAFF RECOMMENDATION /ACTION REQUEST Staff recommends the Local Contract Review Board award a contract to Western Wood Structures for the boardwalk in an amount not to exceed$110,000 and authorize the City Manager to take the necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY Contract Award-Dirksen Nature Park Boardwalk Design,Fabrication and DeliveryProject Overview A forested wetland is located in the center of Dirksen Nature Park. The health of the wetland is threatened by numerous demand trails and the presence of non-native plants. This project will restore and protect the wetlands by removing non-native vegetation and abandoning old demand trails,replanting with native emergent vegetation and established a new trail and elevated boardwalk. The boardwalk will allow park users an up close and personal look at forested wetland while preserving the natural setting. The original plan for the Park consisted of two boardwalks,however,due to pricing constraints for two,the City and Metro were able to rescope the project for one boardwalk. This proposal completes a necessary step for the restoration of the Forested Wetland. The proposal has identified the supplier,Western Wood Structures,to build the wetland boardwalk. They will complete the boardwalk design, fabricate the boardwalk,and deliver the boardwalk to the park for assembly. Solicitation and Contract Details The City issued a Request for Proposal (RFP) for the project in early October. The scope of the proposal included the original design, fabrication,and delivery of the two boardwalks identified in the initial project scope. Boardwalks were to be installed along Fanno Creek and at a forested wetland within the park. The city received a single proposal from Western Wood Structures (WW) at proposal closing. The fee submitted by WW to design, fabricate,and deliver both boardwalks neared the entire project budget for all the work to be performed including the construction of the trail and installation boardwalks leaving no fund to actually constuct on the site. Staff approached WW to evaluate material change for decking and guardrail from stainless steel to galvanized steel. WW submitted an updated fee to City on November 14,2016. The reduced fee was still too high to supply both boardwalks. Staff then asked WW if they were willing to only build one boardwalk. WW said they would do that upon request. Staff met with Metro December 21 st to discuss removing the Fanno Creek Trail wetland boardwalk from the Nature in Neighborhoods (NIN) grant scope of work. Remaining funds anticipated for the boardwalk will be reallocated to other park elements connected to the grant. Staff let Metro know the city intends to add the Interpretive Shelter/Restroom facility back into the scope of work for Dirksen as part of City grant match. The city received an email from Metro on January 5th informally approving the change to the NIN scope of work- formal approval will follow amendment of the IGA betwen the two agencies. Staff is currently in the process of revising the NIN budget summary and Metro is working on the formal scope change. Staff received an updated scope and fee from WW on January 11911 to design, fabricate,and deliver the single boardwalk at a cost of$110,000. Since only one proposal was received for the fabrication of a wooden boardwalk staff believe that a scope alteration to this degree would not result in any other proposals if we reissued. To do so would likely just add cost and time delay to the overall project and achieve the same result. As such,staff is recommending a contract for a single wooden boardwalk be awarded to Western Wood Structures for an amount not to exceed$110,000. OTHER ALTERNATIVES The Local Contract Review Board may reject the contract award for the boardwalk and direct staff to resolicit the work or shelve the project all together. COUNCIL OR CCDA GOALS, POLICIES,MASTER PLANS DATES OF PREVIOUS CONSIDERATION This is the first time the Local Contract Review Board has seen this contract. Fiscal Impact Cost: $110,000 Budgeted (yes or no): Yes Where Budgeted (department/program): Parks SDC Additional Fiscal Notes: The cost for the boardwalk itself is $110,000. The construction and installation will be contracted at a later date. Funding is through Parks SDC's and a Nature in Neighborhoods grant from Metro. The current fiscal year has over$296,000 for the total construction project and can easily cover this boardwalk purchase. Attachments No file(s)attached AIS-2991 9. Business Meeting Meeting Date: 02/14/2017 Length (in minutes): 10 Minutes Agenda Title: CONSIDER ADOPTING TIGARD'S REPRESENTATION IN WASHINGTON COUNTY'S NATURAL HAZARD MITIGATION PLAN Prepared For: Mike Lueck,Public Works Submitted By: Judy Lawhead,Public Works Item Type: Resolution Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Shall council adopt by resolution Tigard's representation in updates to the Washington County Multi Jurisdictional Natural Hazard Mitigation Plan (NHMP)? STAFF RECOMMENDATION / ACTION REQUEST Adopt Tigard's representation in updates to the Multi Jurisdictional Natural Hazard Mitigation Plan. KEY FACTS AND INFORMATION SUMMARY The Washington County Natural Hazard Mitigation Plan was recently updated to meet FEMA's five-year periodic review requirements and ensure the county's eligibility for future mitigation grant funds.The updated plan has been reviewed by FEMA and conditionally approved pending the recent adoption by the Washington County Board of Commissioners. The 2016 updates to the Multi Jurisdictional Natural Hazard Mitigation Plan are the result of a collaborative process among representatives from the City of Hillsboro,City of Tigard,Clean Water Services,Washington County Land Use and Transportation,Washington County Emergency Management,Tualatin Valley Fire& Rescue,Tualatin Valley Water District,Oregon Emergency Management,and the University of Oregon.The public also had an opportunity to play a role in the development of the plan's goals and action items. The Natural Hazard Mitigation Plan is a non-regulatory plan for reducing impacts from disasters. It includes resources and information to guide public and private sector organizations as they work together to reduce the county's risk from natural hazards.The plan also describes actions that will reduce county risk and prevent loss from future natural hazard events. Mitigation actions target the following hazards: flood,landslide,severe weather,wildfire,earthquake and volcanic eruption. Building upon the county plan,city staff developed Tigard's Natural Hazard Mitigation Plan Addendum (Attachment 1).Tigard's Addendum supports the county plan by seeking to reduce risk,prevent loss,and protect life,property and the environment from future natural hazards. The Addendum provides a series of recommendations that reinforce the goals and objectives of the city's existing planning documents,such as the Comprehensive Plan. It also identifies action items specific to Tigard and provides ideas,timelines and implementation. Following local adoption from each participating jurisdiction,the NHMP will be sent to FEMA for final approval. When Tigard's Addendum is adopted,the city will be entitled to apply for pre-disaster mitigation grants. OTHER ALTERNATIVES Council could choose not to adopt the county plan and Tigard's Addendum.This would mean that the city would not be eligible to apply for pre-disaster mitigation grants. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION Council reviewed,approved and adopted the last Natural Hazard Mitigation Plan Addendum on June 10, 2008. Council was updated on the content and process of the Addendum update on November 24,2015. ' / Fiscal Impact Fiscal Information: There was a$7000 in-kind match for Tigard's participation in the County's 2016 Natural Hazard Mitigation Plan and Tigard's Addendum update project.The city's Emergency Services Coordinator maintained a detail accounting of time activities for all city staff involved that far exceeded the threshold of requirements. ' Attachments Resolution Natural Hazard Mitigation Plan Natural Hazard Mitigation Plan Addendum CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- A RESOLUTION ADOPTING THE CITY OF TIGARD REPRESENTATION IN THE UPDATES TO THE WASHINGTON COUNTY MULTI JURISDICTIONAL NATURAL HAZARD MITIGATION PLAN (NHMP) WHEREAS, the City of Tigard recognizes the threat that natural hazards pose to people, property and infrastructure within our community;and WHEREAS,undertaking hazard mitigation actions will reduce the potential for harm to people,property and infrastructure from future hazard occurrences;and WHEREAS, an adopted Natural Hazard Mitigation Plan is required as a condition of future funding for mitigation projects under multiple FEMA pre-and Post-disaster mitigation grant programs;and WHEREAS, the City of Tigard has fully participated in the FEMA prescribed mitigation planning process to prepare the Washington County, Multi Jurisdictional Natural Hazard Mitigation Plan,which has established a comprehensive,coordinated planning process to eliminate or minimize these vulnerabilities;and WHEREAS,the City of Tigard has identified natural hazard risks and prioritized a number of proposed actions, processes and programs needed to mitigate the vulnerabilities of the City of Tigard to the impacts of future disasters within the Washington County,Multi Jurisdictional Natural Hazard Mitigation Plan;and WHEREAS, these proposed actions, processes and programs have been incorporated into the Washington County, Multi Jurisdictional Natural Hazard Mitigation Plan that has been prepared and promulgated for consideration and implementation by the cities of Washington County;and WHEREAS, the Oregon Office of Emergency Management and Federal Emergency Management Agency, Region X officials have reviewed the Washington County,Multi-jurisdictional Natural Hazard Mitigation Plan and pre-approved it contingent upon this official adoption of the participating government entities;and WHEREAS, the Natural Hazard Mitigation Plan is comprised of three volumes: Volume I —Basic Plan, Volume II—City Addenda,and Volume III—Appendixes,collectively referred to herein as the NHMP;and WHEREAS,the NHMP is in an on-going cycle of development and revisions to improve its effectiveness;and WHEREAS,City of Tigard adopts the NHMP and directs the City Manager oversight to develop,approve and implement the mitigation strategies and any administrative changes to the NHMP. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City of Tigard adopts the Washington County Multi Jurisdictional Natural Hazard Mitigation Plan as an official plan. SECTION 2: The City of Tigard will submit this adopting resolution to Washington County, the Oregon Office of Emergency Management and Federal Emergency Management Agency, Region X RESOLUTION NO. 17- Page 1 officials to enable final approval of the Washington County Multi Jurisdictional Natural Hazards Mitigation Plan SECTION : This resolution is effective immediately upon passage. PASSED: This 14th day of February 2017. John Cook,Mayor-City of Tigard A'TEST: Carol Krager,City Recorder-City of Tigard RESOLUTION NO. 17- Page 2 CITY OF TIGARD ADDENDUM Purpose This addendum serves as an update for Tigard's addendum to the Washington County Multi-Jurisdictional Natural Hazards Mitigation Plan (MNHMP, NHMP).This addendum supplements information contained in Volume I (Basic Plan) of this NHMP which serves as the plan foundation and Volume III (Appendices)which provide additional information (particularly regarding public participation,the community profile, and the mitigation strategy). This addendum meets the following requirements: • Multi-jurisdictional Plan Adoption §201.6(c)(5), • Multi-jurisdictional Participation §201.6(a)(3), • Multi-jurisdictional Mitigation Strategy§201.6(c)(3)(iv),and • Multi-Jurisdictional Risk Assessment§201.6(c)(2)(iii). Updates to Tigard's addendum are further discussed throughout the plan and within Appendix B (Planning and Public Process),which provides an overview of alterations to the document that took place during the update process. Plan Process, Participation, and Adoption This section of the NHMP addendum addresses 44 CFR 201.6(c)(5), Plan Adoption, and 44 CFR 201.6(a)(3), Participation. Tigard developed their first NHMP as an addendum to the Washington County NHMP on September 29, 2008.The Washington County NHMP was approved by FEMA on December 15,2004.To maintain compliance with the Disaster Mitigation Act of 2000(DMA2K),the plan required an update by December 15, 2009 (the plan expired prior to this update).Tigard did not participate, and was not included with an addendum, in the 2011 Washington County NHMP process. In the winter of 2016,the Oregon Partnership for Disaster Resilience (OPDR) at the University of Oregon's Community Service Center(CSC) partnered with the Oregon Military Department's Office of Emergency Management(OEM),Washington County, and Tigard to update their NHMP.This project is funded through the Federal Emergency Management Agency's (FEMA) FY14 Pre-Disaster Mitigation Competitive Grant Program (PDMC-PL-10-OR- 2014-002). Members of the Tigard NHMP update steering committee also participated in the county NHMP update process(see Appendix B for details). By updating the plan, locally adopting it,and having it re-approved by FEMA,Tigard will regain eligibility for FEMA Hazard Mitigation, Pre-Disaster Mitigation, and Flood Mitigation Assistance grant program funds. The Washington County NHMP, and Tigard addendum, are the result of a collaborative effort between citizens, public agencies, non-profit organizations,the private sector,and regional organizations.A project steering committee guided the process of developing the WA NHMP:Tigard Addendum August 2016 Page TA-1 plan. For more information on the composition of the steering committee see the Acknowledgements, Plan Summary, and Plan Process(Appendix B). The Tigard Emergency Services Coordinator served as the designated convener of the NHMP update and will take the lead in implementing, maintaining, and updating the addendum to the Washington County NHMP in collaboration with the designated convener of the Washington County NHMP(Emergency Management Supervisor). Representatives from the City of Tigard steering committee met formally on five occasions to discuss updates to their addendum (see Appendix B for more information).The steering committee reviewed and revised the city's addendum,with particular focus on the plan's risk assessment and mitigation strategy(action items). The current version of the addendum reflects changes decided upon at the plan update meetings and during subsequent work and communication with OPDR.The changes are highlighted with more detail throughout this document and within Appendix B, Planning and Public Process of the Washington County NHMP. Other documented changes include a revision of the city's Risk Assessment and Hazard Identification sections, Plan Goals and Action Items(Volume I,Section 3, Mitigation Strategy), and Community Profile (Volume III, Appendix C, Community Profile). The Tigard Steering Committee was comprised of the following representatives: • Convener, Emergency Services Coordinator • Police • Community Development • Water Utilities Manager • Citizens at Large During the 2008 NHMP addendum development the steering committee was comprised of city representatives from various departments(community development, public works, police, risk management,etc.),special districts (Tualatin Valley Fire and rescue,Tigard- Tualatin School District), and Washington County Emergency Management. In addition,the following agencies and organizations were provided an opportunity to review the plan during development and to participate in plan implementation: • City of Beaverton • Tigard/Tualatin School District • City of King City • Trimet • City of Durham • Portland Western Railroad • City of Sherwood • Oregon Department of • City of Tualatin Transportation • Clean Water Services • Tualatin Valley Fire and • Joint Water Commission Rescue • Kinder Morgan • Tualatin Valley Water District • PGE • Tualatin Valley Parks and • Verizon Recreation District • Portland Community College, • Washington County Sylvania Campus • Oregon Office of Emergency • NW Natural Gas Management Page TA-2 August 2016 WA NHMP:Tigard Addendum Public participation was achieved with the establishment of the steering committee, which was comprised of city officials representing different departments and sectors and members of the public.The steering committee was closely involved throughout the development of the plan and served as the local oversight body for the plan's development. Community members were provided an opportunity for comment via the plan review process (see Appendix B for more information). In addition, a survey regarding community perceptions of natural hazards was administered and used to help the steering committee update their risk assessment and mitigation strategy(see Appendix F for details of the survey). In 2007,the City initiated a Comprehensive Plan amendment to update the Natural Hazards section of the Comprehensive Plan. This effort included citizen participation through an open house, citizen interest team meetings, and throughout the legislative process.The citizen involvement efforts from this process were rolled into the development of the Tigard Natural Hazards Mitigation Plan Addendum. In addition to the Comprehensive Planning process,Tigard citizens had an opportunity to participate during two workshop meetings held on February 28, 2008 and March 12, 2008 specific to the NHMPA. The Washington County NHMP was approved by FEMA on [Month] [Day], 2016 and the Tigard addendum was adopted via resolution on [Month] [Day], 2016.This NHMP is effective through [Month] [Day], 2021. Plan Implementation and Maintenance The City Council will be responsible for adopting the Tigard addendum to the Washington County NHMP.This addendum designates a coordinating body and a convener to oversee the development and implementation of action items. Because the city addendum is part of the county's multi-jurisdictional NHMP,the city will look for opportunities to partner with the county. The city's steering committee will convene after re-adoption of the Tigard NHMP addendum on a semiannual schedule.The county is also meeting on a semiannual basis and will provide opportunities for the cities to report on NHMP implementation and maintenance during their meetings.The city's Emergency Services Coordinator will serve as the convener and will be responsible for assembling the steering committee (coordinating body).The steering committee will be responsible for: • Reviewing existing action items to determine suitability of funding; • Reviewing existing and new risk assessment data to identify issues that may not have been identified at plan creation; • Educating and training new Steering Committee members on the plan and mitigation actions in general; • Assisting in the development of funding proposals for priority action items; • Discussing methods for continued public involvement; and • Documenting successes and lessons learned during the year. The convener will also remain active in the county's implementation and maintenance process (see Volume I, Section 4 for more information). WA NHMP:Tigard Addendum August 2016 Page TA-3 The city will utilize the same action item prioritization process as the county(See Volume I, Section 4: Plan Implementation and Maintenance and Volume IV, Appendix D: Economic Analysis of Natural Hazard Mitigation Projects for more information). Implementation through Existing Programs Many of the Natural Hazards Mitigation Plan's recommendations are consistent with the goals and objectives of the city's existing plans and policies. Where possible, Tigard will implement the NHMP's recommended actions through existing plans and policies. Plans and policies already in existence have support from local residents, businesses, and policy makers. Many land-use, comprehensive, and strategic plans get updated regularly, allowing them to adapt to changing conditions and needs. Implementing the NHMP's action items through such plans and policies increases their likelihood of being supported and implemented. Tigard's acknowledged comprehensive plan is the 2027 Comprehensive Plan (2007, effective January 3, 2008).The Oregon Land Conservation and Development Commission first acknowledged the plan in 1983.The city last amended the plan, including its Hazards section (Goal 7) in 2007. The city implements the plan through the Community Development Code, which was adopted in 2014. Tigard currently has the following plans that relate to natural hazard mitigation. For a complete list visit the city's website (Emergency Management Program): • Comprehensive Plan (1983, amended 2007) • Community Development Code(2014) • Community Development Plans • Capital Improvement Plan • Continuity of Government Plan • Emergency Operations Plan • 2035 Transportation System Plan (2010) Continued Public Participation Keeping the public informed of the city's efforts to reduce the city's risk to future natural hazards events is important for successful plan implementation and maintenance.The city is committed to involving the public in the plan review and updated process. See Volume I, Section 4, Plan Implementation and Maintenance,for more information. Plan Maintenance The Washington County Multi-Jurisdictional Natural Hazards Mitigation Plan and city addendum will be updated every five years in accordance with the update schedule outlined in the Disaster Mitigation Act of 2000. During the county plan update process,the city will also review and update its addendum (see Volume I, Section 4, Plan Implementation and Maintenance, for more information). The convener will be responsible for convening the steering committee to address the questions outlined below. • Are there new partners that should be brought to the table? Page TA-4 August 2016 WA NHMP:Tigard Addendum • Are there new local, regional, state, or federal policies influencing natural hazards that should be addressed? • Has the community successfully implemented any mitigation activities since the plan was last updated? • Have new issues or problems related to hazards been identified in the community? • Are the actions still appropriate given current resources? • Have there been any changes in development patterns that could influence the effects of hazards? • Have there been any significant changes in the community's demographics that could influence the effects of hazards? • Are there new studies or data available that would enhance the risk assessment? • Has the community been affected by any disasters? Did the plan accurately address the impacts of this event? These questions will help the steering committee determine what components of the mitigation plan need updating.The steering committee will be responsible for updating any deficiencies found in the plan. WA NHMP:Tigard Addendum August 2016 Page TA-5 Mitigation Strategy This section of the NHMP addendum addresses 44 CFR 201.6(c)(3(iv),Mitigation Strategy. The city's mitigation strategy(action items)were first developed during the 2008 NHMP addendum planning process. During this process the city facilitated work sessions with the steering committee to discuss the city's risk and to identify potential issues. During subsequent meetings the steering committee developed potential actions based on the hazards and the issues identified by the steering committee in previous meetings. During the 2016 update process the city re-evaluated their mitigation strategy(Action Items). During this process action items were updated, noting what accomplishments had been made, and whether the actions were still relevant; any new action items were identified at this time (see Appendix B for more information on changes to action items). Tigard developed a list of priority actions(Table TA-1,Appendix A-1), any actions that were not prioritized were placed in the Action Item Pool (Appendix A-2) and will be considered during the semiannual maintenance meetings. Priority Actions The city is listing a set of high priority actions in an effort to focus attention on an achievable set of high leverage activities over the next five-years(Table TA-1).The city's priority actions are listed below in the following table. Detailed implementation information for each action is listed in Appendix A-1. Action Item Pool Table TA-2 presents a "pool"of mitigation actions.This expanded list of actions is available for local consideration as resources, capacity,technical expertise and/or political will become available. Appendix A-1,Priority Action Items, and Appendix A-2,Action Item Pool, provide detailed information about each of the priority action items.The majority of these actions carry forward from prior versions of this plan (Washington County and/or Tigard NHMPs).A blank action item form is included for use by the NHMP committee as additional action items are considered for implementation. Prioritization Methodology The steering committee has prioritized the identified mitigation strategies in order to better allocate resources for plan implementation.The criteria used for prioritizing the action items are the plan goals, hazards addressed,criticality of need, population served, and likelihood of success. Although this methodology provides a guide for the steering committee in terms of implementation,the steering committee has the option to implement any of the action items at any time. However,the focus during this update cycle will be on the actions items identified as priority actions.This option to consider all action items for implementation allows the steering committee to consider mitigation strategies as new situations or opportunities arise, such as capitalizing on funding sources that could pertain to an action item that is not the highest priority. Page TA-6 August 2016 WA NHMP:Tigard Addendum Step I: Prioritize Plan Goals The mitigation goals were considered during each phase of the mitigation planning process. As the mitigation action items were developed,the steering committee identified which plan goals were addressed by each action item.The steering committee ranked the plan goals to determine the priorities for Tigard, and each goal was given a score of one point to five points, in ascending order.The points for the plan goals were then totaled for each action item. Step 2: Prioritize Hazards The natural hazards addressed by the Tigard methodology for Emergency Operations Plans. This methodology considers the history of the hazard,the vulnerability to the hazard,the maxi- mum threat of the hazard (worst case scenario), and the probability of the hazard. Each of these criteria is weighted, and the final score is used for prioritizing the hazards. See Volume I, Section 2—Risk Assessment for a full description of the methodology used. Although the methodology used allows Tigard to quantify and compare natural hazards, it is flawed in that it compares hazards with high probabilities and relatively low consequences with hazards that have low probabilities and high consequences.The steering committee took this into consideration during the prioritization process, and the results are shown in Table TA-1.The hazards were given a score of one point to six points, in ascending order of importance.The Multi-Hazard action items were given the highest score (6), as they address more than one hazard.The points for the hazard scores were then totaled for each action item. Table TA-I Tigard Priority Action Items Hazard Total Threat Score Prioritization Score Multi-Hazard 6 Winter Storm 193 5 Windstorm 193 5 Earthquake 177 4 Flood 169 3 Drought 155 - Wildland Fire 140 2 Volcanic Ash 129 - Landslide 106 1 Source:City of Tigard NHMP Steering Committee,2016. Note:the drought and volcanic ash hazards were not assessed during the 2008 prioritization process,with this update the steering committee opted to not prioritize their actions in this methodology. Step 3: Incorporate Criticality of Need, Large Number of Population Served, Likelihood of Success The final score for each action item was computed by summing the plan goal score and the hazard score.The steering committee then considered the criticality of need,the number of population served, and the likelihood of success.The steering committee is given an opportunity to add five points to the action item that has a high criticality of need,four points were given to the action item that has a high probability of success, and three points were given to an action item that serves a large number of the population. WA NHMP:Tigard Addendum August 2016 Page TA-7 Table TA-2 Tigard Priority Action Items Action Coordinating Prioritization Item Hazard Action Title Organization Timeline Score Community Priority#1 Landslide Protect existing development in landslide prone areas. Ongoing 15 Development Improve local capabilities to perform earthquake building Priority#2 Earthquake safety evaluations and to record and manage building COT Ongoing 14 inventory data. Integrate the goals and action items from the Tigard Natural Priority#3 Multi-Hazard Hazard Mitigation Plan Addendum into existing regulatory COT Ongoing 14 documents and programs,where appropriate. Priority#4 Landslide Maintain public and private drainage systems. Public Works Ongoing 12 COT and Priority#5 Wildfire Inventory and map alternative firefighting water sources and Tualatin Valley Short-Term 12 encourage the development of additional sources. Fire and Rescue Adopt the Tualatin Valley Fire and Rescue Wildfire Hazard Map COT and Tualatin Valley Priority#6 Wildfire and implement the Wildfire Mitigation section of the Oregon Short-Term 12 Fire and Residential Specialty Code Rescue Increase technical knowledge of natural hazards and Priority#7 Multi-Hazard mitigation strategies in Tigard and implement policies and COT Ongoing 11 programs on the basis of that knowledge. Identify critical public infrastructure and facilities located in Community Development Priority#8 Flood flood hazard areas and highlight those facilities as a focus for Short-lerm 11 and Emergency mitigation and preparedness measures. Management Source:City of Tigard NHMP Steering Committee,2016. Page TA-8 August 2016 WA NHMP:Tigard Addendum Table TA-3 Tigard Action Item Pool Action Coordinating Item Hazard Action Title Agencies Timeline Timeline #1 Multi-Hazard Improve network of communications during a disaster. COT Ongoing 6 Develop inventories of at-risk buildings and infrastructure and #2 Multi-Hazard prioritize mitigation projects based on those providing the COT Ongoing 7 most benefit(at the least cost)to city residents. Develop,enhance and implement information and education programs aimed at mitigating natural hazards,and reducing 93 Multi-Hazard COT Long-Terrn 7 the risk to citizens,public agencies,private property owners, businesses and schools. Identify and pursue funding opportunities to develop and #4 Multi-HazardCOT Ongoing 6 implement mitigation activities. Identify funding sources to retrofit existing public facilities and #5 Earthquake services to contemporary standards that are identified as COT Ongoing 10 seismically vulnerable. 96 Earthquake Expand earthquake hazard mapping in Tigard and improve COT Mid Term 9 technical analysis of earthquake hazards. Enforce the current building code standards to ensure only the #7 Earthquake appropriate land uses are allowed in high seismic hazard COT Ongoing 6 areas Continue to maintain eligibility for the National Flood Community Ongoing 10 #8 Flood Insurance Program Development g g #9 Flood Update Storm Water Management Master Plan,and identify Public Works Mid-Term 10 appropriate mitigation strategies. Improve knowledge of landslide hazard areas and Community #10 La ndslide understanding of vulnerability and risk to life and property in Development Ongoing 10 those areas. Develop and implement programs to keep trees from Severe #11 Weather threatening lives,property,and public infrastructure during Public Works Ongoing 8 windstorm and severe winter storm events. Severe Coordinate and encourage electrical utilities to use Community #12 Weather underground construction practices where ever possible to Development Ongoing 8 reduce power outages from severe weather storms Severe Develop and implement,or enhance strategies for debris #13 Public Works Ongoing 10 Weather management for windstorm and severe winter storm events. Identify critical facilities and industries that maybe affected Emergency #14 Volcanic Ash by ash fall and assist them in emergency response plan Management Ongoing 7 development COT and Work with Tualatin valley Fire and Rescue Community Safety Tualatin Valley #15 Wildfire Program to provide information and education about urban Ongoing 9 interface wildfire to Tigard citizens Fire and Rescue Source:City of Tigard NHMP Steering Committee,2016. WA NHMP:Tigard Addendum August 2016 Page TA-9 Risk Assessment This section of the NHMP addendum addresses 44 CFR 201.6(b)(2)- Risk Assessment. In addition,this chapter can serve as the factual basis for addressing Oregon Statewide Planning Goal 7—Areas Subject to Natural Hazards. Assessing natural hazard risk has three phases: • Phase 1: Identify hazards that can impact the jurisdiction.This includes an evaluation of potential hazard impacts—type, location, extent, etc. • Phase 2: Identify important community assets and system vulnerabilities. Example vulnerabilities include people, businesses, homes, roads, historic places and drinking water sources. • Phase 3: Evaluate the extent to which the identified hazards overlap with, or have an impact on, the important assets identified by the community. The local level rationale for the identified mitigation strategies (action items) is presented herein, and within Section 2, Risk Assessment, and Appendix C, Community Profile.The risk assessment process is graphically depicted in Figure TA-1 below. Ultimately,the goal of hazard mitigation is to reduce the area of risk, where hazards overlap vulnerable systems. Figure TA-I Understanding Risk 91.3 Understanding Understanding Risk ° IUENCE 40 Mr elhaelp., Natural Hazard , • Vulnerable System Potential Catastrophic fz Exposure,Sensitivity and Chronic Physical Events , Risk % and Resilience of: •Past Recurrence lntervalt R t • Poputatton •future Ptohabrlity r of i • r manly •Speed of Onset i l • Lard Use and Dereioptrent ..rha+Fttrtude DISaSte n • Inftaslrwetwrand FaciiitiC7 •fhlration •Cultural Assets •Spatial Extent • r • Ecosystem Goods and Serouces `• ,/ Ability.Resources and Willingness to: •Mitigate•Rrsp.id •Rei?arie •Recover Sc,..•�r.USG 5 Oregon Pcrnie Oar for Dtwsref Rtulwrsce Research Cobt,orarr_..i.:0055 Hazard Analysis The Tigard steering committee developed their hazard vulnerability assessment (HVA), using their previous HVA and the county's HVA(2015, Appendix G) as a reference. Changes from the county's HVA were made where appropriate to reflect distinctions in vulnerability and risk from natural hazards unique to Tigard,which are discussed throughout this addendum. Page TA-10 August 2016 WA NHMP:Tigard Addendum Table TA-4 shows the HVA matrix for Tigard showing each hazard listed in order of rank from high to low. For local governments, conducting the hazard analysis is a useful step in planning for hazard mitigation, response, and recovery.The method provides the jurisdiction with sense of hazard priorities, but does not predict the occurrence of a particular hazard. Two chronic hazards (winter storm and windstorm) rank as the top two hazard threats to the city(Top Tier). The earthquake, flood, drought, and wildland fire hazards comprise the next four highest ranked hazards (Middle Tier), while the volcanic ash and landslide hazards comprise the lowest ranked hazards (Bottom Tier). Table TA-4 Hazard Analysis Matrix — Tigard Total Maximum Threat Hazard Hazard Hazard History Probability Vulnerability Threat Score Rank Tiers Winter Storm 16 42 35 100 193 #1 Top Windstorm 16 42 35 100 193 #1 Tier Earthquake 6 21 50 100 177 #3 Flood 20 49 25 75 169 #4 Middle Drought 2 28 25 100 155 #5 Tier Wildland Fire 16 49 25 50 140 #6 Volcanic Ash 2 7 40 80 129 #7 Bottom Landslide 6 35 25 40 106 #8 Tier Source:Tigard NHMP Steering Committee,2016. Note:With this update Tigard added the drought and volcanic ash hazards.Since these are considered regional hazards the steering committee accepted the county's scoring.In addition,the winter storm and windstorm hazards were previously combined,with this update the steering committee separated the hazards but retained the score for each since the hazards impact in the city are similar. Table TA-5 categorizes the probability and vulnerability scores from the hazard analysis for the city and compares the results to the assessment completed by the Washington County NHMP Steering Committee (see Appendix F).Variations between the city and county are noted in bold text. Table TA-5 Probability and Vulnerability Comparison Tigard Washington County Hazard Probability Vulnerability Probability Vulnerability Drought Moderate Moderate Moderate Moderate Earthquakes Low High Moderate High Flood Moderate Moderate High Moderate Landslide Moderate Moderate Low Low Volcanic Ash Low High Low High Wildland Fire Moderate Moderate Moderate Moderate Windstorm Moderate Moderate High High Winter Storm Moderate Moderate High High Source:Tigard NHMP Steering Committee,2016. WA NHMP:Tigard Addendum August 2016 Page TA-11 Community Characteristics The following section provides information on city specific assets. For additional information on the characteristics of Tigard, in terms of geography,environment, population, demographics, employment and economics, as well as housing and transportation see Volume III,Appendix C, Community Profile. Many of these community characteristics can affect how natural hazards impact communities and how communities choose to plan for natural hazard mitigation. Considering the city specific assets during the planning process can assist in identifying appropriate measures for natural hazard mitigation. Transportation/ Infrastructure In the City of Tigard,transportation has played a major role in shaping the community. From the first railroad tracks that established Tigardville,to the development of Highway 99W straight through its center,Tigard's commercial areas developed along primary routes, and residential development followed nearby. Today mobility, or lack thereof due to heavy traffic, continues to define Tigard and the daily experience of its residents and businesses as they move from point A to point B. In addition to Hwy 99W,the city also has two other highways within its borders: Highway 217 and Interstate 5.The railroad still exists, but now passengers have returned to its cars with the opening of commuter rail in 2008, one of the few U.S. suburban-to-suburban commuter rail lines.This complements two transit centers within the city that provide regional bus service. In addition,the regional Fanno Creek Trail provides an alternative route for bicyclists and pedestrians to travel along the creek. By far, motor vehicles represent the dominant mode of travel through and within Tigard. Because of Tigard's central location, much of the city's transportation system has regional significance:two regional shopping centers, employment areas, and five state highways draw thousands of non-Tigard residents through the city each day. At the same time,the city's transportation system must provide local access and service for residents and also connections to neighborhoods. Economy Tigard is considered a "hub for innovation".A study of patents and communities by the research firm iPiQ found that in 2005,Tigard had a high percentage of patents granted to individuals and small business(29).The study attributed this to Tigard's lower rents and taxes attracting professionals from Portland and Beaverton. A diverse range of businesses have chosen to locate in Tigard. According to business tax data, contractors represent the largest number of businesses(about Y.of which have 10 or fewer employees). From a breakdown of the business tax data, roughly 75%of jobs can be classified as Commercial (Retail, Health, Real Estate, Finance,and Insurance, etc.) and 25% can be classified as Industrial (Wholesale Trade, Manufacturing,Construction and Transportation, etc.).About half of Tigard businesses employ four people or fewer. Page TA-12 August 2016 WA NHMP:Tigard Addendum Table TA-6 Community Characteristics Population Characteristics Housing Characteristics 2010 Population 48,090 Housing Units 2015 Population 49,280 Single-Family 14,066 68% 2035 Forecasted Population 60,213 Multi-Family 6,657 32% Race and Ethnic Categories Mobile Homes 72 <1% White 83% Year Structure Built Black/African American 1% Pre-1970 3,676 18% American Indian and Alaska Native 1% 1970-1989 9,691 47% Asian 6% 1990 or later 7,444 36% Native Hawaiian and Other Pacific Islander 1% Housing Tenure and Vacancy Some Other Race 4% Owner-occupied 12,026 61% Two or More Races 4% Renter-occupied 7,668 39% Hispanic or Latino 11% Vacant 948 5% Speak English less than "very well" 9% Tigard is located in Washington County in Vulnerable Age Groups northwestern Oregon.The city has grown Less than 15 Years 8,924 18% steadily since its incorporation in 1961, and 65 Years and Over 6,784 14% has an area today of 11.71 square miles. It is Disability Status centrally located in the Portland metropolitan Total Population 5,081 10% region, located 10 miles southwest of Children 230 2% downtown Portland and adjacent to Seniors 2,179 33% Portland's southwestern border. See Map 1, Income Characteristics Attachment A. Households by Income Category Tigard is located in the Willamette Valley Less than$15,000 1,518 8% where the climate is relatively mild $15,000-$29,999 2,967 15% $30,000-$44,999 2,735 14% throughout the year, characterized by cool, $45,000-$59,999 2,516 13% wet winters and warm, dry summers.The $60,000-$74,999 1,674 9% Willamette Valley has a predominant winter $75,000-$99,999 2,502 13% rainfall climate; about 50%of the total annual $100,000-$199,999 4,778 24% precipitation falls between December and $200,000 or more 1,004 5% February each year. Average temperatures Median Household Income $60,849 range from the low 80's in the summer down Poverty Rates to about 40 degrees in the coldest months. Total Population 5,249 11% The City of Tigard includes a diversity of land Children 1,472 14% Seniors 398 6% uses, including commercial, residential, and industrial.Tigard is primarily residential, with Housing Cost Burden almost 70%of the land area zoned for Owners with Mortgage 36% Renters 50% residential use. Source:U.S.census Bureau,2010-2014 American Tigard and most of Washington County are Community Survey.For more information see Volume located within the watershed of the Tualatin III,Appendix C-Community Profile. River. WA NHMP:Tigard Addendum August 2016 Page TA-13 Community Assets This section outlines the resources,facilities,and infrastructure that, if damaged,could significantly impact the public safety, economic conditions, and environmental integrity of Tigard. Critical Facilities Facilities that are critical to government response and recovery activities (i.e. life, safety, property, and environmental protection).These facilities include: 911 Centers, Emergency Operations Centers, Police and Fire Stations, Public Works facilities,sewer and water facilities, hospitals, bridges, roads, shelters, and more. Facilities that, if damaged,could cause serious secondary impacts may also be considered "critical."A hazardous material facility is one example of this type of critical facility.The locations of critical facilities are shown on Map-2,Attachment A. Fire Stations: City Buildings: • TVF&R Station 51 • Permit Center • TVF&R Station 50 • Tigard Senior Center • Tigard Library Law Enforcement: • Niche • City Hall Private: Public Works: • Washington Square • Public Works Building • Lincoln Center • Streets and Parks Operations • Suburban Propane Building • Pool and Spa House Essential Facilities Facilities that are essential to the continued delivery of key government services and/or that may significantly impact the public's ability to recover from the emergency.These facilities may include: City buildings such as the Public Services Building,the City Hall, and other public facilities such as schools. Map-3,AttachmentA shows Tigard's essential facilities. Hospitals/Immediate Medical Care Public Schools: Facilities: • Tigard High School • Legacy Immediate Care Clinic • Durham School suite 104 • Templeton School • Metropolitan Clinic PC • Twality Middle School • Tigard Family Medical Center • Fowler Middle School • The Portland Clinic • Charles F.Tigard School • Scholls Ferry Urgent Clinic • Mary Woodward School • Providence St. Vincent Urgent • Metzger School Care Clinic • Deer Creek School • Phil Lewis School Page TA-14 August 2016 WA NHMP:Tigard Addendum • Tigard-Tualatin School District • All Tigard-Tualatin Schools Administration Building • Church of Christ Southwest • First Student Transportation • Tigard Church of Christ Center • St.James Episcopal • First Baptist Church of Tigard Private Schools: • Horizon Community Church • MITCH Charter School • Tigard Senior Center • St Anthony School • Tigard Christian Church Potential Shelter Sites: • Tigard Covenant Church • Latter Day Saints/Chapel • Calvin Presbyterian • Tigard First Church of Christ • Hall Blvd Baptist Church Scientist • Christ the King Lutheran • Tigard Friends Church • Good Neighbor Center • Assembly of God • St. Anthony Roman Catholic • Tigard United Methodist Church Infrastructure: Infrastructure that provides services for Tigard. Maps-4,1 through 4.3,Attachment A show the city water facilities, major utilities, and bridges. Transportation Networks: • 2 SCADA System • Highway 99W • 36" Main • 2—24" Mains • Highway 217 • Hall Blvd • Double Sewerage Siphon Structure • Durham • 72nd • ASR 3 • Interstate 5 Special Service Districts: • Walnut • Clean Water Services • Gaarde Treatment Plant • Bull Mountain Rd • Beef Bend Rd Private Utilities: • Scholls Ferry Rd • 2 NW Natural Gas Pipelines • Bonita Greenberg Rd • 5 Portland General Electric • McDonald Substations Water Facilities: • 2 Verizon Central Switch Offices • 8 City Reservoirs • 3 Communication Towers • 7 Pump Stations • 1 Kinder Morgan Liquid • 5 Wells Petroleum Line Table TA-7-identifies the number of facilities and infrastructure exposed to each of the natural hazards affecting Tigard.The implications of exposure to the various hazards are outlined in each of the hazards sections. WA NHMP:Tigard Addendum August 2016 Page TA-15 DOGAMI is currently conducting a multi-hazard risk assessment (Risk Report)for Washington County including Tigard.The study is funded through the FEMA Risk MAP program and is expected to be complete in 2017.The Risk Report will provide a quantitative risk assessment that informs communities of their risks related to certain natural hazards (including earthquake,flood, landslide, and wildfire). Once complete the city can incorporate the risk assessment into their addendum to provide greater detail to sensitivity and exposure to natural hazards affecting the city. When complete the city should consider updating Table TA-7. Table TA-7 Tigard Vulnerability Assessment Hazard Critical Facilities Essential Facilities Infrastructure Drought - - - Earthquake 19 27 31 Flood 0 0 15 Landslide 0 0 0 Volcanic Ash - - - Wildfire 3 5 9 Windstorm - - - Winter Storm - - - Source:Tigard NHMP Steering Committee 2008,update 2016. Note:Exposure analysis was not available for the drought,volcanic ash,windstorm,and winter storm hazards. Page TA-16 August 2016 WA NHMP:Tigard Addendum Hazard Characteristics Drought The steering committee determined that the city's probability for drought is moderate (which is the same as the county's rating) and that their vulnerability to drought is moderate (which is the same as the county's rating).The city did not assess the drought hazard in the previous version of their NHMP and accepted the county's ratings since drought is considered a regional hazard and will affect the city similarly to the county. Volume I, Section 2, Risk Assessment, adequately describes the characteristics of drought hazards, history, as well as the location, extent, and probability of a potential event. Due to a cool, wet climate, past and present weather conditions have generally spared Washington County communities from the effects of drought; however, Washington County was included in a Governor declared drought in 1992 and a Presidential Drought Declaration in 2015. As of June 9, 2016 Tigard has switched its water source ad treatment plan to the Lake Oswego Tigard Water partnership. The update provides increased system capacity and delivers the city's primary water supply comes from the Clackamas River.The water partnership is capable of treating 32 million gallons per day(MGD)and includes an upgraded water treatment facility, an advanced water treatment system, and a network of pipes, pump stations, and reservoirs.The service area supplies water to Tigard residents via 250 miles of underground piping ranging in size from two inches to thirty-six inches in diameter. The system includes 14 reservoirs that hold 27.4 million gallons of water(ranging in size from 280,000 gallons to 10 million gallons in capacity). For more information on the future of Tigard's water supply visit their website: http://www.tigard-or.gov/city hall/water.php Please review the Risk Assessment(Volume I, Section 2)for additional information on this hazard. Earthquake The steering committee determined that the city's probability for earthquake is low (which is lower than the county's rating) and that their vulnerability to earthquake is high (which is the same as the county's rating). These ratings did not change since the previous version of this NHMP addendum. Volume I, Section 2, Risk Assessment, adequately describes the characteristics of earthquake hazards, history, as well as the location, extent, and probability of a potential event. Generally, an event that affects the county is likely to affect Tigard as well.The causes and characteristics of an earthquake event are appropriately described within the county's plan, as well as the location and extent of potential hazards. Previous occurrences are well- documented within the county's plan, and the community impacts described by the county would generally be the same for Tigard as well. Earthquake-induced damages are difficult to predict, and depend on the size,type, and location of the earthquake, as well as site-specific building and soil characteristics. Presently, WA NHMP:Tigard Addendum August 2016 Page TA-17 it is not possible to accurately forecast the location or size of earthquakes, but it is possible to predict the behavior of soil at any particular site. In many major earthquakes, damages have primarily been caused by the behavior of the soil. Figure TA-2 displays relative liquefaction hazards. As shown in the figure below the area of greatest concern within the city of Tigard (darker areas) is along the Tualatin River and its tributaries where the concentration of soft soils is the highest. See also Map 9—Relative Earthquake Hazard in Attachment A and Figure 2-4 in Volume I, Section 2 -Risk Assessment. Figure TA-2 Active Faults and Soft Soils a„a L.— i. v ' �- I :bil4 ruewn ' PM _ 1 I COOPER MOUNTAIN - d- 3a Layers Currently Shown -0 rt I IV Earthquake Hsaard 0 ♦ I' • Iti Active Faults t atilk \ t , Ho •1 ' \\'owe.it BULL MOUNTAIN `1 7 , \ ,.*R Moderate \\ Low oh, \\ t.. ■ O • Tst o.hr\ A E 1 r I SFY�cMlr, tta , 5"ILme,�. fx Source:Oregon HazVu.Statewide Geohazard Viewer(DOGAMI) As noted in the community profile approximately 65%of residential buildings were built prior to 1990 (Table C-21),which increases the city's vulnerability to the earthquake hazard. Information on specific public buildings' (schools and public safety) estimated seismic resistance was determined via a Rapid Visual Survey (RVS) conducted by the Department of Geology and Mineral Industries (DOGAMI) in 2007.The RVS recommends further study on buildings that were ranked as either 'high' or'very high' collapse potential. Facilities with at least one building with a 'very high' or'high' potential for collapse that are located within Tigard are listed below. Additional information can be found within the RVS study on DOGAMI's website (www.oregongeology.org). 'Very High' Collapse Potential • No facilities had buildings rated as very high collapse potential with Tigard. 'High' Collapse Potential • Tigard Police Department (13125 SW Hall Blvd,Tigard) • Durham Elementary (Tigard-Tualatin SD 23J, 8048 SW Shaffer Ln,Tigard) • James Templeton Elementary (Tigard-Tualatin SD 23J, 9500 SW Murdock St,Tigard) Page TA-18 August 2016 WA NHMP:Tigard Addendum • Mary Woodward Elementary (Tigard-Tualatin SD 23J, 12325 SW Katherine St, Tigard) • Thomas R Fowler Middle(Tigard-Tualatin SD 23J, 10865 SW Walnut St,Tigard). Structural mitigation in process, see Mitigation Successes below. • Twality Middle (Tigard-Tualatin SD 23J, 14650 SW 97th St,Tigard). Mitigated per SRGP 2010-11, see Mitigation Successes below. • Tigard High (Tigard-Tualatin SD 23J, 9000 SW Durham Rd,Tigard) A map of all facilities that were assessed is available on DOGAMI's website. Mitigation Successes Seismic retrofit have occurred to the following facilities through local construction bonds or grant awards per the Seismic Rehabilitation Grant Programs: • Thomas R Fowler Middle (Tigard-Tualatin SD 23J, 10865 SW Walnut St,Tigard), retrofits per a SRGP grant(Phase One of 2015-2017 grant award, $1,299,126). Structural improvements. • Twality Middle School (Tigard-Tualatin School District 23J, 14650 SW 97th St,Tigard), retrofits per a SRGP grant(2010-2011, $835,750). Modifications made to the both gymnasiums and most of the exterior of the building. Structural reinforcement to tie roof to walls. Re-occupied August 27, 2012. For more information, see: Open-File-Report: 0-2007-02 -Statewide seismic needs assessment: Implementation of Oregon 2005 Senate Bill 2 relating to public safety, earthquakes, and seismic rehabilitation of public buildings, 2007, and DOGAMI Statewide Seismic Needs Assessment Using Rapid Visual Screening(RVS). In addition to building damages, utility(electric power, water, wastewater, natural gas)and transportation systems (bridges, pipelines) are also likely to experience significant damage. There is a low probability that a major earthquake will result in failure of upstream dams. The potential impact of an earthquake on facilities and infrastructure is shown in Table TA-8. Of the critical facilities affected, Zone A includes two fire stations and seven city buildings; Zone B includes two city buildings. Of the essential facilities affected, Zone A includes six schools, one assisted living facility,three urgent care facilities, and three emergency shelters; Zone B includes four schools, one assisted living facility, and two urgent care facilities. Infrastructure affected includes 19 bridges,two power stations, and two communication towers in Zone A;Zone B includes three bridges and three power stations. 1 The Seismic Rehabilitation Grant Program(SRGP)is a state of Oregon competitive grant program that provides funding for the seismic rehabilitation of critical public buildings,particularly public schools and emergency services facilities. WA NHMP:Tigard Addendum August 2016 Page TA-19 Table TA-8 Potential Earthquake Impact Greatest Hazard Least Hazard Zone A Zone B Zone C Zone D Critical Facilities 16 2 1 0 Essential Facilities 13 9 2 3 Infrastructure 23 6 1 1 Total 52 17 4 4 Source:City of Tigard NHMP Addendum(2008);Information to be updated following completion of DOGAMI's Multi-Hazard Risk Assessment(expected 2017). Potential earthquake impacts on all structures within the city are shown in Table TA-9. Area affected in Zone A is 37%of total City area, while Zone B affects 14%of the entire city. Critical streets affected by Zone A totals 32.6 miles. The area within Tigard vulnerable to earthquakes is larger than the area potentially affected by any other hazard identified in the Plan, and could potentially produce more damage to life and property; although degree of damage is clearly related to degree an earthquake is felt. Transportation routes and economics within the city can also be affected. Demand on resources such as Police, Fire, Emergency Medical Services (EMS) and Public Works would also be impacted. Older buildings and the sewer system are most vulnerable to damage from the hazards associated with earthquakes. Table TA-9 Potential Earthquake Impact on All Structures Greatest Hazard Least Hazard Zone A Zone B Zone C Zone D Tax lots 8,168 2,774 1,483 1,382 Acreage 2,768 1,019 520 456 Structure Value $1,939,484,614 $710,249,115 $410,062,062 $313,307,486 Source:City of Tigard NHMP Addendum(2008);Information to be updated following completion of DOGAMI's Multi-hazard Risk Assessment(expected 2017). DOGAMI is currently conducting a multi-hazard risk assessment (Risk Report)for Washington County including Tigard.The study is funded through the FEMA Risk MAP program and is expected to be complete in 2017.The Risk Report will provide a quantitative risk assessment that informs communities of their risks related to certain natural hazards (including earthquake). Once complete the city will consider incorporating the risk assessment into their addendum to provide greater detail to sensitivity and exposure to the earthquake hazard. In addition,the Risk Report will include additional mitigation opportunities that the city may use to update their mitigation strategy (Action Items). Please review the Risk Assessment(Volume I, Section 2)for additional information on this hazard. Page TA-20 August 2016 WA NHMP:Tigard Addendum Flood The steering committee determined that the city's probability for flood is moderate (which is lower than the county's rating) and that their vulnerability to flood is moderate (which is the same as the county's rating). These ratings did not change since the previous version of this NHMP addendum. Volume I, Section 2, Risk Assessment, adequately describes the characteristics of flood hazards, history, as well as the location, extent, and probability of a potential event. Portions of Tigard have areas of flood plains (special flood hazard areas, SFHA).These include areas along the Tualatin River, as well as areas along smaller tributary creeks such as Fanno Creek, Red Rock Creek, Summer Creek, Ash Creek, and Hiteon Creek (see Figure TA-3 and Map 5,Attachment A). Furthermore, other portions of Tigard, outside of the mapped floodplains, are also subject to flooding from local storm water drainage. Figure TA-3 Special Flood Hazard Area G ss 15A i II \; COwre '. M` , z T _ — o � aching. yMoto.. � .�S, ge' PYA -�� eL - ,+./ch V •"'°F� A�!NTHIN ' .....- rrz i , Layers Currently Shown — O '. \`. y ,wNOM,Oakota St F ~N. i Flood Hazard 0 Fe." , dw- :.0 ®'4 S Type and Source of Flood Data d' SY.. yAv valor v Effective FEMA 100 yr Flood — O a O Preliminary FEMA 100 yr Flood f Or °\�' BULL MOUNTAIN 4 y�' AFH c State Digitized Flood Data ..ile.1.� - SW Gaarde St ry 4 Q3 FEMA Flood Data t�ralf& `` 0 Mc.Na^1" PIM* an ,,S S,,mmr,LOId DI \\ - S SW Duham Re Y S.v SGallsShenrood Rtl \N.A 'l,.\ Source:Oregon HazVu:Statewide Geohazards Viewer(DOGAMI) Tigard maintains a flood way and floodplain map on their website that includes areas mapped in the SFHA. Floods can have a devastating impact on almost every aspect of the community, including private property damage, public infrastructure damage, and economic loss from business interruption. It is important for the city to be aware of flooding impacts and assess its level of risk.The city has been proactive in mitigating flood hazards by purchasing floodplain property. The City of Tigard is located in the Tualatin Basin, with the Tualatin River defining the city's southern border. Streams within the city's border include Fanno Creek, which has two primary tributaries,Ash Creek and Summer Creek, and eight smaller tributaries, including WA NHMP:Tigard Addendum August 2016 Page TA-21 Red Rock, Pinebrook, Ball, Derry Dell, Krueger, Hiteon and two unnamed streams. Two small perennial streams, Copper Creek and an unnamed stream,flow directly into the Tualatin River. Tigard also has two lakes and ponds in residential areas All of these water sources are susceptible to annual flooding events. The City is at risk from two types of flooding: riverine and urban. Riverine flooding occurs when streams overflow their banks and inundate low- lying areas.This is a natural process that adds sediment and nutrients to fertile floodplain areas. It usually results from prolonged periods of precipitation over a wide geographic area. Most areas are generally flooded by low velocity sheets of water. Urban flooding occurs as land is converted to impervious surfaces and hydrologic systems are changed. Precipitation is collected and transmitted to streams at a much faster rate, causing floodwaters that rise rapidly and peak with violent force. During urban flooding, storm drains can back up and cause localized flooding of streets and basements. The Tualatin River and Fanno Creek are susceptible not only to heavy rain but also to the potential failure of Scoggins Dam at Hagg Lake.At times of heavy rain these rivers, creeks, and lakes can overflow. Fanno Creek is the most susceptible to flooding in these instances, with many bridges contributing to the high water. The FEMA Flood Insurance Study (November 4, 2016) has a brief history of flooding in Washington County and Tigard (see Volume I,Section 2 for more information). More recently,there was widespread flooding in western Oregon, including Tigard, in February 1996 and lesser flooding in January 1997. Table TA-10 shows tax lots that intersect the floodplain,their acreage, and the value of structures on the property. Only tax lots with an existing structure are included.Tax lots that intersect the 1996 flood inundation area are also included.This information was calculated to provide an estimate for potential flood losses. Table TA-I0 Potential Flooding Impact (Property Assessment) Flood Plain Tax Lots Acres Value* FEMA100-Year& 382 475 $231,045,080 1996 Combined FEMA 100 Year 371 473 $228,863,100 Only 1996 Only 34 74 $31,322,220 Source:City of Tigard NHMP Addendum(2008);Information to be updated following completion of DOGAMI's Multi-hazard Risk Assessment(expected 2017). There is a potential for property damage from the Tualatin River,Tigard creeks, and Scoggins Dam. Inadequate size and moderate grade of the channel for the Tualatin River and Fanno creek causes over-bank flooding even in mild storms. The flow of Fanno Creek is constricted by many culverts and bridges resulting in increased upstream heights.The potential for damage is significant due to extensive development in the Fanno Creek flood- basin. Currently, no critical or essential facilities are located in the floodplain. However,there are 14 bridges and one Portland General Electric power station located inside the floodplain. Page TA-22 August 2016 WA NHMP:Tigard Addendum Currently,there is no financial impact data available of this infrastructure, however,the multi-hazard Risk Report is expected to include some of this information. Streets within the city that could be impacted by a 100-year flood event include 6.1 miles. If major flooding affected all of the bridges in Tigard,traffic flow in an out of the City would be significantly affected, but would not cut all off all avenues. Highway 99W and Highway 217 are major transportation routes between Portland and cities such as Tigard, Sherwood, Lake Oswego and Tualatin.The amount of property in the flood plain is not a large area but damage could be significant as it would affect residential, commercial, and public property. Floodwaters can affect building foundations, seep into basements,or cause damage to the interior, exterior, and contents of buildings, dependent upon the velocity and depth of the water and by the presence of floating debris.The city sewer system can overflow during flood events and cause further property damage. DOGAMI is currently conducting a multi-hazard risk assessment (Risk Report)for Washington County including Tigard.The study is funded through the FEMA Risk MAP program and is expected to be complete in 2017.The Risk Report will provide a quantitative risk assessment that informs communities of their risks related to certain natural hazards (including flood). Once complete the city will consider incorporating the risk assessment into their addendum to provide greater detail to sensitivity and exposure to the flood hazard. In addition,the Risk Report will include additional mitigation opportunities that the city may use to update their mitigation strategy(Action Items). For mitigation planning purposes, it is important to recognize that flood risk for a community is not limited only to areas of mapped floodplains. Other portions of Tigard outside of the mapped floodplains may also be at relatively high risk from over bank flooding from streams too small to be mapped by FEMA or from local storm water drainage. Volume I,Section 2, Risk Assessment, has identified "drainage hazard areas"within the county(Figure 2-5).These areas are located along streams which are too small to have been mapped by FEMA. Buildings and infrastructure located in these areas may be at significant flood risk. Most of these drainage hazard areas are located in the hilly, rural portions of Washington County. National Flood Insurance Program (NFIP) FEMA updated the Flood Insurance Study(FIS)and Flood Insurance Rate Maps (FIRMs) in 2016(effective November 4, 2016).The table below shows that as of June 2016,Tigard has 127 National Flood Insurance Program (NFIP) policies in force. Of those,821 are for properties that were constructed before the initial FIRM.The last Community Assistance Visit(CAV)for Tigard was on July 11, 2014.Tigard is not a member of the Community Rating System (CRS).The table shows that the majority of flood insurance policies are for residential structures, primarily single-family homes.There have been a total of 12 paid claims for$170,962. WA NHMP:Tigard Addendum August 2016 Page TA-23 The Community Repetitive Loss record for Tigard identifies one (1) Repetitive Loss Property2 and zero (0) Severe Repetitive Loss Properties3. For details on the repetitive loss properties see Volume 1, Section 2—Risk Assessment. Table TA-I I Flood Insurance Detail Policies by Building Type Minus Current Initial Total Pre-FIRM Single 2to4 Other Non- Rated Jurisdiction FIRM Date FIRM Date Policies Policies Family Family Residential Residential A Zone Washington County - - 1,835 1,024 1,163 90 331 250 Tigard 2/18/2005 3/1/1982 127 82 77 5 16 29 1 Severe Insurance Pre-FIRM Substantial Repetitive Repetitive in Force Total Paid Claims Damage Total Paid Loss Loss CRS Class Last Jurisdiction x;$1,000) Claims Paid Claims Amount Properties Properties Rating CAV Washington County $ 1,221,519,100 302 251 25 $ 5,271,521 39 8 - - Tigard $ 37,270800 12 11 1 $ 170,962 1 0 - 7/11/2014 Source:Information compiled by Department of Land Conservation and Development,July 2016. Note:An updated Flood Insurance Study and Flood Insurance Rate Maps will become effective November 4, 2016. Please review the Risk Assessment(Volume I, Section 2)for additional information on this hazard. Landslide The steering committee determined that the city's probability for landslide is moderate (which is higher than the county's rating) and that their vulnerability to landslide is moderate (which is higher than the county's rating). These ratings did not change since the previous version of this NHMP addendum. Volume I, Section 2, Risk Assessment, adequately describes the characteristics of landslide hazards, history, as well as the location, extent, and probability of a potential event within the region. The potential for landslide in Tigard is almost negligible with the possible exception of very small areas immediately adjacent to stream channels. However, such areas have little or no development or infrastructure. Landslide susceptibility exposure for Tigard is shown in Figure TA-4 (Map 6—Landslide Hazards, Attachment A provides slope, debris flows, and drainage hazard areas). Approximately 6% of Tigard has High, and approximately 40% Moderate, landslide susceptibility exposure4. Note that even if a jurisdiction has a high percentage of area in a 2 A Repetitive Loss(RL)property is any insurable building for which two or more claims of more than$1,000 were paid by the National Flood Insurance Program(NFIP)within any rolling ten-year period,since 1978.A RL property may or may not be currently insured by the NFIP. 3 A Severe Repetitive Loss(SRL)property is a single family property(consisting of 1 to 4 residences)that is covered under flood insurance by the NFIP and has incurred flood-related damage for which 4 or more separate claims payments have been paid under flood insurance coverage,with the amount of each claim payment exceeding$5,000 and with cumulative amount of such claims payments exceeding$20,000;or for which at least 2 separate claims payments have been made with the cumulative amount of such claims exceeding the reported value of the property. °DOGAMI Open-File Report,0-16-02,Landslide Susceptibility Overview Map of Oregon(2016) Page TA-24 August 2016 WA NHMP:Tigard Addendum high or very high landslide exposure susceptibility zone,this does not mean there is a high risk, because risk is the intersection of hazard and assets. Figure TA-4 Landslide Susceptibility Exposure H e. L -; c •..,v. 4 v. . . • , P. dd i f .JN.r-lah - ,' + Corers Currently Shown - 0 :r— - Yt• „ `i / 0 \rre. 4' '4� Landslide$..rd fir �i,• = .✓- - ry \ _andslWe Suseeptihi LtV ..` , ff •, ,f 5 /. O Low Landsilding LiniikelY 4r( . i 1 a Yr j ❑ Migt,•LandSliding LikeIy / • >„ r H 1 rNry ❑ Very Mph-Erstinc Lands.,de ..N. a>• , e• L c7y a. ; ti. {v y K Uuth...n •wcr•.uo '4't iieonw'N ,a1 S Source:Oregon HazVu:Statewide Geohazards Viewer(DOGAMI) Potential landslide-related impacts are adequately described within Volume I, Section 2, Risk Assessment, and include infrastructural damages,economic impacts (due to isolation and/or arterial road closures), property damages, and obstruction to evacuation routes. Rain- induced landslides and debris flows can potentially occur during any winter in Washington County, and thoroughfares beyond city limits are susceptible to obstruction as well. The most common type of landslides in Washington County are slides caused by erosion. Slides move in contact with the underlying surface, are generally slow moving, and can be deep. Rainfall-initiated landslides tend to be smaller; while earthquake induced landslides may be quite large.All soil types can be affected by natural landslide triggering conditions. DOGAMI is currently conducting a multi-hazard risk assessment (Risk Report)for Washington County including Tigard.The study is funded through the FEMA Risk MAP program and is expected to be complete in 2017.The Risk Report will provide a quantitative risk assessment that informs communities of their risks related to certain natural hazards (including landslide). Once complete the city will consider incorporating the risk assessment into their addendum to provide greater detail to sensitivity and exposure to the landslide hazard. In addition,the Risk Report will include additional mitigation opportunities that the city may use to update their mitigation strategy (Action Items). Please review the Risk Assessment(Volume I, Section 2)for additional information on this hazard. WA NHMP:Tigard Addendum August 2016 Page TA-25 Volcanic Ash The steering committee determined that the city's probability for volcanic event is low (which is the same as the county's rating)and that their vulnerability to volcanic event is high (which is the same as the county's rating).The city did not assess the volcanic ash hazard in the previous version of their NHMP and accepted the county's ratings since volcanic ash is considered a regional hazard and will affect the city similarly to the county.. Volume I, Section 2, Risk Assessment, adequately describes the characteristics of volcanic ash hazards, history,as well as the location, extent, and probability of a potential event within the region. Generally,an event that affects the county is likely to affect Tigard as well.Tigard is very unlikely to experience anything more than volcanic ash during a volcanic event. Please review the Risk Assessment(Volume 1,Section 2)for additional information on this hazard. Wildland Fire The steering committee determined that the city's probability for wildland fire is moderate (which is the same as the county's rating) and that their vulnerability to wildland fire is moderate(which is the same as the county's rating). These ratings did not change since the previous version of this NHMP addendum. Volume I,Section 2, Risk Assessment, adequately describes the characteristics of wildland fire hazards, history, as well as the location,extent,and probability of a potential event within the region.There have been no large wildland events in or near Tigard.The location and extent of a wildland fire vary depending on fuel,topography, and weather conditions. Weather and urbanization conditions are primarily at cause for the hazard level. Wildland fires in Tigard are rare and in recent times have been limited to smaller brush and grass fires. The potential community impacts and vulnerabilities described in the county's plan are generally accurate for the city as well. Washington County developed a Community Wildfire Protection Plan (CWPP) in 2007,which mapped wildland urban interface areas and developed actions to mitigate wildfire risk. Map - Wildfire Hazards(Attachment A)was generated using data from Washington County GIS and identifies Tigard's wildfire hazards based upon fuels,weather,and topography, as defined by ORS 629-044-0240.The map identifies more than 30%of all land in Tigard as vulnerable to wildfire.The city is a participant in the CWPP and will update the city's wildfire risk assessment if the CWPP presents better data during future updates(an action item is included with the county's plan to update the CWPP).Tigard is within an area of low wildfire prone urban landscape (see Figure 2-8 in Volume I, Section 2). Wildfire loss estimates are shown in Table TA-12. About 31.6 miles of critical streets are exposed to the wildfire hazard zone. Property can be damaged or destroyed with one fire as structures,vegetation,and other flammables easily merge to become unpredictable and hard to manage. Other factors that affect ability to effectively respond to a wild-fire include access to the location and to water, response time from the fire station, availability of personnel and equipment, and weather(e.g., heat, low humidity, high winds, and drought). Page TA-26 August 2016 WA NHMP:Tigard Addendum Table TA-I2 Potential Wildfire Impact (Loss Estimates) Number Acres Estimated Value Critical Facilities 3 - Essential Facilities 5 - - Infrastructure 9 - - Tax lots with Structure 5,241 2,395 $1,345,812,798 Source:City of Tigard NHMP Addendum(2008);Information to be updated following completion of DOGAMI's Multi-Hazard Risk Assessment(expected 2017). DOGAMI is currently conducting a multi-hazard risk assessment (Risk Report)for Washington County including Tigard.The study is funded through the FEMA Risk MAP program and is expected to be complete in 2017.The Risk Report will provide a quantitative risk assessment that informs communities of their risks related to certain natural hazards (including wildland fire). Once complete the city will consider incorporating the risk assessment into their addendum to provide greater detail to sensitivity and exposure to the wildland fire hazard. In addition,the Risk Report will include additional mitigation opportunities that the city may use to update their mitigation strategy(Action Items). In addition,the county is seeking to update their CWPP. Please review the Risk Assessment(Volume 1, Section 2)for additional information on this hazard. Windstorm The steering committee determined that the city's probability for windstorm is moderate (which is lower than the county's rating) and that their vulnerability to windstorm is moderate (which is lower than the county's rating). The city did not assess the windstorm hazard in the previous version of their NHMP as a unique hazard(it was assessed as a component of the severe storm hazard). The previous severe storm rating was applied to both windstorm and winter storm and the ratings did not change since the previous version of this NHMP addendum. Volume I, Section 2, Risk Assessment, adequately describes the characteristics of windstorm hazards, history, as well as the location, extent, and probability of a potential event within the region. Because windstorms typically occur during winter months,they are sometimes accompanied by ice, freezing rain, flooding, and very rarely, snow. Other severe weather events that may accompany windstorms, including thunderstorms, hail, lightning strikes, and tornadoes are generally negligible for Tigard. Washington County's plan adequately describes the impacts caused by windstorms, including power outages, downed trees, heavy precipitation, building damages, and storm- related debris. Additionally, transportation and economic disruptions result as well. Damage from high winds generally has resulted in downed utility lines and trees. Electrical power can be out anywhere from a few hours to 2 to 3 days. Outdoor signs have also suffered damage. If the high winds are accompanied by rain (which they often are), blowing leaves and debris clog drainage-ways,which in turn causes localized urban flooding. During a typical event, an estimated 25%of the population suffers some impact and up to 25% of WA NHMP:Tigard Addendum August 2016 Page TA-27 all property would be affected.Tigard experiences severe weather two to three times a decade. Please review the Risk Assessment(Volume I,Section 2)for additional information on this hazard. Winter Storm (Snow/ Ice) The steering committee determined that the city's probability for winter storm is moderate (which is lower than the county's rating)and that their vulnerability to winter storm is moderate (which is lower than the county's rating). The city did not assess the winter storm hazard in the previous version of their NHMP as a unique hazard(it was assessed as a component of the severe storm hazard). The previous severe storm rating was applied to both winter storm and windstorm and the ratings did not change since the previous version of this NHMP addendum. Volume I,Section 2, Risk Assessment, adequately describes the characteristics of winter storm hazards, history,as well as the location, extent, and probability of a potential event within the region. Severe winter storms can consist of rain,freezing rain, ice,snow, cold temperatures, and wind.They originate from troughs of low pressure offshore that ride along the jet stream during fall,winter, and early spring months. Severe winter storms affecting the city typically originate in the Gulf of Alaska or in the central Pacific Ocean. These storms are most common from November through March. Major winter storms can and have occurred in the Tigard area,and while they typically do not cause significant damage,they are frequent and have the potential to impact economic activity. Road and rail (including light rail) closures due to winter weather are an uncommon occurrence, but can interrupt commuter and commercial traffic. The severe weather hazard is difficult to illustrate.The City of Tigard has mapped regular sanding routes, denoting areas most susceptible to snow and ice. However, Map 7—Storm Hazard Sanding Priorities (Attachment A) does not accurately portray the geographic extent of a severe storm in Tigard, as the entire city would be affected by large-scale storms. Please review the Risk Assessment(Volume I, Section 2)for additional information on this hazard. Summary The figure below presents a summary of the hazard analysis for Tigard and compares the results to the assessment completed by Washington County. Page TA-28 August 2016 WA NHMP:Tigard Addendum Figure TA-S Overall Hazard Analysis Comparison—Tigard/Washington County r1 2No- N2 N3 N1 1111 ,I3 NI NI N5 N5 N6 N6 N7 120 — 1 N 118111 0 Drought Earthquake Flood Landslide Volcanic Ash Midland Fire Windstorm Winter Storm County ll Tigard Source:City of Tigard NHMP Steering Committee and Washington County NHMP Steering Committee WA NHMP:Tigard Addendum August 2016 Page TA-29 ATTACHMENT A: MAPS Page TA-30 August 2016 WA NHMP:Tigard Addendum SUPPL TNTALPACT FOR �� ` ,��"7 Carol Krager At i Vii, r�xLi,f iNG) From: Marty Wine Sent: Tuesday, February 14, 2017 3:20 PM To: 'Elise Shearer'; Mike Lueck Cc: #Councilmail; Liz Newton; Kenny Asher; Brian Rager; Carol Krager Subject: RE: City of Tigard "Natural Hazard Mitigation Plan Addendum" Hi Elise, I'm including our Emergency Management Coordinator Mike Lueck on this email so that your comment will be to his attention in reviewing the plan with the City Council at tonight's meeting. Thanks for sending along this feedback about St.Anthony School. Regards— Marty Marty Wine 711 City Manager R DMECT 503-718.2486 Clat 206-419-8081 EMMI marty 'tigard-or,gov wE� www.dgard-or,gov City of Tigard I CITY MANAGEMENT 13125 SW Hall Boulevard,Tigard.OR 97223 From: Elise Shearer [mailto:elisesarge2@gmail.com] Sent:Tuesday, February 14, 2017 2:55 PM To:#Councilmail; Marty Wine; Liz Newton; Kenny Asher Subject:City of Tigard "Natural Hazard Mitigation Plan Addendum" Page TA 18 - "Very High Collapse Potential" Buildings, does not list the historic St. Anthony School, located at 12645 SW Pacific Hwy. at the intersection of Main/Johnson/Hwy99. This document appears only to assess buildings in the public sector without accounting for other large institutions. This is a mistake that should be remedied in the document. The building facing Pacific Highway over 100 years old and of wood frame and brick construction.There is a population of 325 students during the daytime with up to 50 staff and 25 parents on site most of the time, so a population of 400 minimum daily. We are listed as part of your essential services infrastructure, but that would only be our newest buildings, built with up-to-date earthquake codes. Our oldest buildings would collapse, (Preschool, and K-3 classrooms) if there was a quake in the area, such as the Molalla quake: March 25, 1993: magnitude 5.6, at Scotts Mills southeast of Portland, $30 million in damage, including Molalla High School, a Mount Angel church and the Capitol rotunda in Salem. This remains the most destructive quake in terms of property loss in Oregon's history. 1 I hope this oversight can be remedied. Thank you, Elise Shearer 971-645-8742 DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 2 AIS-2996 10. Business Meeting Meeting Date: 02/14/2017 Length (in minutes): 10 Minutes Agenda Title: CONSIDER APPROVAL OF A RESOLUTION OF NECESSITY FOR EAST TIGARD SEWER SANITARY SEWER EASEMENTS Prepared For: Jeff Peck,Public Works Submitted By: Jeff Peck,Public Works Item Type: Resolution Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Shall the City of Tigard acquire Temporary Construction Easements (TCEs) and permanent sanitary sewer easements over five parcels to construct the East Tigard Sewer Improvement project? STAFF RECOMMENDATION /ACTION REQUEST Approve the resolution of necessity to acquire easements over five parcels. KEY FACTS AND INFORMATION SUMMARY Property acquisition for Temporary Construction Easements (TCEs) and public sanitary sewer easements are a necessary step in the East Tigard Sewer Improvement project (Capital Improvement Plan Project 93013). With 90 percent design of sewer alignment complete,legal descriptions of the property needed for public infrastructure have been completed. The city will need an estimated 27,781 square feet of temporary construction easement and 24,540 square feet of permanent sanitary sewer easement from four property owners. This project is providing replacement of the existing sanitary sewer to provide increased capacity, prevent overflows into Red Rock Creek and improve access for routine maintenance. Clean Water Services will pay 100 percent of property acquisition costs for all public sewer lines larger than 12-inches in diameter and required reconnections of existing sewers. The resolution is part of the easement acquisition process and authorizes city staff,including the city attorney, to negotiate in good faith with the owners and other persons holding an interest in the real property described in the Resolution of Necessity. If the city manager or her designee determines that a satisfactory agreement for acquisition of any property or interest therein is not likely to be reached in a timely manner,then the city attorney is authorized to obtain immediate possession and to file and take all such actions as are necessary to pursue eminent domain proceedings in the name of the City of Tigard for acquisition of such property. OTHER ALTERNATIVES Council could choose to abandon the property acquisition process and terminate the project or attempt to negotiate for the easements without a Resolution of Necessity.Abandonment or delays to the project may impact the ability to provide service to the Hunziker Industrial Core development (industrial properties and Wall Street improvements) and does not address existing maintenance issues. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS Recommended improvement in the City of Tigard Sanitary Sewer Master Plan,May 2010. Project ID:D-120. DATES OF PREVIOUS COUNCIL CONSIDERATION May 24,2016 IGA Briefing,Study Session June 14,2016 Authorize City Manager to sign IGA with Clean Water Services,Consent Agenda August 9,2016 Authorize staff to begin negotiations to obtain Temporary Construction Easements (TCEs) and permanent sanitary sewer easements Fiscal Impact Fiscal Information: Clean Water Services will pay for 100%of the property acquisition costs for all public sewer lines larger than 12-inches in diameter and required connections of existing sewers. City of Tigard will pay for property acquisition costs for the 8" public sewer line to serve future development. City costs are budgeted in the Sanitary Sewer fund. Attachments Resolution of Necessity-East Tigard Sewer CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- A RESOLUTION DECLARING THE NFFD TO ACQUIRE PROPERTY FOR THE PURPOSE OF CONSTRUCTING PUBLIC UTILITIES AND RELATED IMPROVEMENTS ADJANCENT TO AND ACROSS RED ROCK CREEK FROM PORTLAND AND WESTERN RAILROAD RIGHT OF WAY TO SW HUNZIKER ROAD AND AUTHORIZING EMINENT DOMAIN AND IMMEDIATE POSSESSION IF NECESSARY WHEREAS, the City Charter grants the City of Tigard ("City") the authority to acquire land for public purposes;and WHEREAS, the City is authorized by ORS 223.005 et seq. and ORS 35.015 et seq. to purchase, acquire, condemn,use,and enter upon property within or without its corporate limits as provided for by law;and WHEREAS,the construction of East Tigard Sewer Trunk(D-120) Improvement Project(CIP 93013),is in the public interest and is an approved capital improvement project identified in the City of Tigard Capital Improvement Plan (the"Project");and WHEREAS, to accomplish the project or projects set forth above,it is necessary to acquire easements for public utilities, and related temporary construction easements and may be necessary to obtain immediate possession of property to complete the Project in a timely manner. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The public improvements for the Project have been planned, designed, located and will be constructed in a manner that will be most compatible with the greatest public benefit and the least private injury or damage; SECTION 2: It is in the public interest and necessary to acquire utility easements, temporary construction easements and related property interests as shown in Exhibits A and B attached hereto and incorporated herein so as to locate and construct the East Tigard Sewer Trunk (D-120) Improvement Project(CIP 93013). SECTION 3: City staff,including the City Attorney, are authorized and directed to negotiate in good faith with the owners and other persons holding an interest in the real property described in the attached Exhibit B. If the City Manager or her designee determines that a satisfactory agreement for acquisition of any property or interest therein is not likely to be reached in a timely manner, then the City Attorney is authorized to obtain immediate possession and to file and take all such actions as are necessary to pursue eminent domain proceedings in the name of the City of Tigard for acquisition of such property. SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of 2017. RESOLUTION NO. 17= Page 1 Mayor-City of Tigard A 1"1 ST: City Recorder-City of Tigard RESOLUTION NO. 17- Page 2 I251010100400 \ - 3 OWNER ADDRESS / I 11 IADELLAN ESTATE CO. • AT DID COUNTY RD �. / '� 1 RHNDIT,G 94002 ' / 1 Iant=AM: / �ll�//• - 1 -... MOO SW NAu BLVD Tax lot:25101000400 MARC,OR 9zm Ea. �.aw.EEa Rsd f,t- �.�• 1 IMM MSiTVR) Teal ESMt. WwIWWIlI mld,r(1)9I.1KIX21 RWr.1e.. I rle o zts 13 sla oz./..,.,/1"'/ 11 r I -- - impw,ry 2653 N/A N/A WA WA WA /'0690lOD•3'R / 1 ITMIORARv + w�2251001 E00200 \ / P1006EWN 1 92606 IT 101115 `C OIS OVERRUv I /MOM.LIMB 25101(200300 SMITH GCMG WEST.. / I. !• MO9ELLC X___ / 1 OWNER 6 WI 90150.301 EnA000F°0iAw a-�x ESTATECO. ISONVIIIE,as 9z9ED Tax Lot:25101®00200 _ / 1 `f TrI% __ • GI9DVEWY�I �.. 1H11fNIT.G9b02 [MO SW NwCO1cEx PD lMDmin SF nrrM�) Taw., EAtM1 wlCarrara) Wrr:11N21 I4�RMw �/ 1 1 aWN0201 _II / -) TIGMD.DR 93331 p �p 1`60 3 WC 323 D 1 I r 25101C1OOI00 `1 eAsenexr rER Ww 'MW.ore �� ie:Dpary 1694 WA N/A WA 91/0 5/0 OWNEGPADDPBS, 1 t 1 sA,rtu.u,en�\ 1 -.71-_ l•rn ff �� -_ fir• 15000 VILLI411111 OR • 1 /� nes m USD.. . '---.::::::,----,,,.--21..._ %% /9ROIECT lllaTSXIDO� 6]006 �. ;/////,://7=-..../..:...;'/:,;;/-:;;;;;;. � _ a• -- - - - _ TIGARD OR 91122 CHESTERFIELD. SITE ADDRESS: 8100 NNamm 1 L I z3e �_ WeT1AnD 11 t zsloluoozr. ,• tslolrwoob00- "-...'?7"I''.1.1-::::::::::77::::::14-1- " ---.. -i -._---7:--: _ - uEi - I OWNER ADDRESS. 3 I owxaR Amus - _ .. I ,- - .. - .-�,r 1_ .W.xow0 5°EEr 3NDu5TUMLLc 809310FEWELLC 1 - �_� -�� - -__ , /// %00L90069ALEXECUTIVECENTERLLc /2D00 sw vA,x55T 5 MAO SW NUNmmR ST.D„A D.DR.22J300 851. \K uo,OP 92223 fI I. iI I� e .1“":„'',..1:1 -II l EAmRE65 EASENer EIN35 1 _ ;sG00nROWon"9�ziiRRD /MwECrunlTs1•r, ; `,_l'r'"ca � �IraR°N"airrrAOpnelle :":111,, `�` :Ili ,�,E,,..+ 1 T I \\ \R / m no n� 1 1 ! V /iilii/ii/idv mNouP. C--r } II I I \ T / '\ .1_., j / 1 /ii/iii/iIi/iiiiie--y u 9NT ewsermrEwrrs Y 1 / ' uhrx�:25101cA0020 Flood / 1) A. _ _ __A C E-_-_-_-_:__----,;/,-,...„-.1","%-"--" ''''''''''''''''' SW°. 7"'////i/////////I /-// % 15 wERur EA6E 25I01Gooam /Mo3ecr unTrs 11 •� / veeetated `�GmoOam 1 Y las MSF(ivPl Tet ESAR. WeN.dll) C9m4er11) Ptm(1X2)ran.. I I ., //// �1 f _ nEnrtrcE AVE MC Permanent fi56E 566 D 306 SII6 SB / _ __ -____, - / EASEMENT po-4u r.wE zu y TempOrxy t0A6 / N/A WA WA WA I �•[...+//,/"\----------__ 1'�TEN PLAT Un ______ f- -1 TI°ARO°R912RERRD aeAf /11 g r nwze ROG�0x RV e:ESEn 119 - / / .,..r I(/ ;2 /PRo3ecr WMIT3� ---"_-,..,..,._,I ---' .ams sni.sw Hum 2711 tee_ lo.ewe.ededgrt--1 ...TAM EORNmaR t OVII 11.2007.0. 110.40.0,Oa I ;/I l i ` � � 11 1 nA IOM1r0. �L- 7 EASEMENT LIMITS Tax I.M.25103GOOIOD 1 11 E1OODRAm / Tax Lot:25101CA00600 /PROJECT WAITS V Fled I cis OVERLAY /I III Dn.0 SF(TVP) Tet 0000* w.e,:wll) Cer.Iter)1) 9.0(162) 6.9aI,4.9 1 / .II I ERNanE v.6w.aa Rood Permanent 9655 5643 0 o 26]6 EAu.R.rr nEoo 7 I I I OW.MSF(TVP) Total E5MT. w4Uo91)9)COD.W(l) 91.1:(1X2) 9.moid.. 392 / I I Permanent 11619 11400 0 0 0 D Tem0eary 12440 N/A N/A N/A WA WA Eaw 1 I >)'--;�,,<.4 ...,/ / TWMenry Ina N/A N/A WA WA WAMAMMY ROM 43,PhDs __ -r R\ __ \ / I _ / I III 25101600500 _-_- _ ----_ '! owNER ADDRESS: ....0., I'".III OTT DARD / / 40 WATER MAIA.D - 11 sSwNAIL Rw -- Me .PD.4OSNVJ1 II I s7960 ADDRESS: ST -_>> _ - --- 111 OUTSIDE OP ewsnNG EASEMENT I II I nwPD OR 922° .........._,:e_27------j-'' -sw MALL`+T _ ___- -_ a) °ursine DE w991D2O AND VC III _____.- LP ��f __ -- 6pElE94 I-• III - cu..,..a•..� / ��`�GEN% 1 1. .III--- _ -. /i MI t - _ >f -- Project Totals P9 i _ // �-- -— __-_ - / UVa In 5F RE91 TeY1 bd.W16 ESMT, WNDerrEU) M.*EeNue.(11 Red 9WIX2)Nereate.. "kv26." _ S3arNPE J - - __- / v0w.nem 25520 11992 250 72 es63 1961 - \kb„,-.." S a� ��- _--- 25IOIG00100 140*400 10 KDETS EASENWT COG 116 TRT10orl. 35351 NAWEI /VALUE] IVALUEI NALUEI IVALUEI RENEW,. _ �� OVmEP ADDPe95: SCALE:1•.6C Mr MT.4111.4C1. i� -- _-- 9 m Ds,MAD w REVDGRE LIVING ® PRELIMINARY �� l _ - 111 SW sTN AVE.3631 RE _ PORTLAND.OR 91204 "1-__-L�-�-` -__ DRAWING wxl starztr to Onefir NM C.60,3DO Me X"b�"6°D°Addendum, 7S'. 91.1 MNG Dm9AR NEAT EAST TIGARD SEWER IMPROVEMENTT 5„O;,", t ----- ____-- 25f01Dm1100 CLSINW PUOUC WORKS —_----- ,OWNER.DDPEss: �N DaU No.By RERDS,MED W.VO 622E COVING 1 r 111 SW 5.AVE.675 �>I r2v3 SR .x aNl I PORTLAND,OR 92206 -N6.m.OINEDW 2713 OF 1 131.MT 6.P.hwr,Saw 150 �'1-.� NXE•lDL 0.W-,r)J hMD 3 Tau.. ,ss ..a.m.�...� 17t;ANI/.N..Woxo wmv'''I FILE 00 DESIGN:ARwIDRAWN:ASM(CHECK:ARCO PRO).50,0)20 1610 061 ROW EXHIBIT WITH EASEMENTS tri 0120 5. V He. A-1• Exhibit B Description of Exhibits,Impacted Parcels&ROW t { —'; ;ifc'—;;‘;';‘' : s �i r l ail t 1 !f 1 CL Meritage Five LLC Exhibits'A'&'B'for T.L.400,600(Map 2S101CA) • • each Easement Wall Street Industrial LLC and A Richard vial Executive Center • • Exhibits'A'& `B' for LLC each Easement T.L.200(Map 2S 101 CA) McLellan Estate Co • • Exhibit'A'&'B'for T.L 400(Map 2S101CB) each Easement Smith Gerig Western Properties, Exhibits'A'& 'B'for LLC • • each Easement T.L 200(Map 2SIOICB) Totals 5 5 Resolution No 17- EXHIBIT'A' East Tigard Sewer Improvements Map and Tax Lot No.2s101CA-600 July 6, 2016 Page 1 of 2 Owner: Meritage Five, LLC A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON AND BEING A PORTION OF TRACT'A' OF PARTITION PLAT 2007-064,WASHINGTON COUNTY PLAT RECORDS, BEING THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2012-079076, WASHINGTON COUNTY DEED RECORDS, SAID TRACT OF LAND BEING A 15 FOOT PERMANENT SANITARY SEWER EASEMENT,THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS. PARCEL-1(Permanent Sanitary Sewer Easement) STATION TO STATION 4+90.00 9+70.00 THE SIDE LINES OF SAID 15 FOOT PERMANENT SANITARY SEWER EASEMENTS TO BE EXTENDED AND SHORTENED TO MEET AT THE ANGLE POINTS. EXCLUDING ANY PORTION FALLING OUTSIDE OF SAID TRACT'A'. PARCEL-2(Permanent Sanitary Sewer Easement) A 15 FOOT WIDE PERMANENT SANITARY SEWER EASEMENT WHICH THE CENTERLINE BEGINS AT THE BELOW DESCRIBED POINT'B',SAID POINT ALSO BEING AT STATION 'SAN LINE B'0+00.00, THENCE S02°46'36"E 82.73 FEET, THENCE 540°28'54"E 332.79 FEET THE SIDE LINES OF SAID 15 FOOT PERMANENT SANITARY SEWER EASEMENT TO BE EXTENDED AND SHORTENED TO MEET AT THE ANGLE POINTS. EXCLUDING ANY PORTION FALLING OUTSIDE OF SAID TRACT'A'. PARCEL-3(Permanent Sanitary Sewer Easement) A 15 FOOT WIDE PERMANENT SANITARY SEWER EASEMENT WHICH THE CENTERLINE BEGINS AT THE BELOW DESCRIBED POINT'C',THENCE 44°06'42"W 221.78 FEET. EXCLUDING ANY PORTION FALLING OUTSIDE OF SAID TRACT'A'. PARCEL-4(Permanent Sanitary Sewer Easement) A 15 FOOT WIDE PERMANENT SANITARY SEWER EASEMENT WHICH THE CENTERLINE BEGINS AT THE BELOW DESCRIBED POINT'D',THENCE S57°08'47"E 50.00 FEET. EXCLUDING ANY PORTION FALLING OUTSIDE OF SAID TRACT'A'. THE LOCATION AND STATIONING OF THE ABOVE REFERENCED CENTERLINES ARE DESCRIBED AS FOLLOWS: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD,WASHINGTON COUNTY,OREGON AND LYING WITHIN THOSE TRACTS OF LANDS DESCRIBED IN DOCUMENT NUMBER 2007-019323, 2013-105450 AND 95025009, WASHINGTON COUNTY DEED RECORDS AND ALSO LYING WITHIN PARCELS 1, 2 AND TRACT 'A' OF PARTITION PLAT 2007-064 WASHINGTON COUNTY PLAT RECORDS,THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS. COMMENCING AT A POINT ON THE EASTERLY LINE OF THE TRIMET RIGHT OF WAY, BEING MARKED BY A 3/4" IRON PIPE PER SURVEY NUMBER 5480,WASHINGTON COUNTY SURVEY RECORDS,SAID POINT BEING THE MOST Page 2 of 2 SOUTHERLY SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2013-105450, THENCE SOUTH 54°21'48" EAST, 41.56 FEET TO THE POINT OF BEGINNING BEING AT STATION 1+00.00 OF SAID CENTERLINE, THENCE N48°36'31"E 157.40 FEET TO POINT 'A' BEING AT STATION 2+57.40, THENCE CONTINUING ALONG SAID CENTERLINE N48°36'31"E 231.04 FEET TO STATION 4+88.44, THENCE S75°26'12'E 155.57 FEET TO POINT'B' BEING AT STATION 6+44.01,THENCE N45°31'56"E 191.19 FEET TO POINT'C' BEING AT STATION 8+35.20, THENCE CONTINUING ALONG SAID CENTERLINE N45°31'56"E 68.32 FEET TO POINT'D' BEING AT STATION 9+03.52, THENCE N28°35'14"E 233.78 FEET TO STATION 11+37.30,THENCE N31°06'27"E 518.33 FEET TO STATION 16+55.63 BEING AT THE CENTERLINE OF S.W. HUNZIKER STREET ALSO BEING N71°21'31"E 48.96 FEET FROM A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "NORTHWEST SURVEYING LLC" BEING AT THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARTITION PLAT 2007-064. PARCELS 1, 2,3 AND 4 CONTAIN 11,419 SQUARE FEET, MORE OR LESS PREPARED BY CESNW, INC. REGISTERED PROFESSIONAL D SURVEYOR 4,4. A_ ..:` ,0,-___Q-- ' - OREGON MAY 21, 2013 PAUL A. KOHN 58964PLS RENEWS: 6/30/17 2S101CA00700 ` ` \ \ \ P.P. 2007-064 TRACT'B' \ 1 DOC. NO. 2012-079076 \ \ a 1 1 \ �` \ \ \ti\ \ \ \- 2S1O1CB00200 DOC. NO. 95025009 \-- --r'�"E 9+03.52 POINT 'D' \ 557op84 PARCEL- 4 ' 00l r w I I I roI in I I M 7 —J - PARCEL- 3 J Z I I-� _ L—_ — I o — --f--- — I 2S101CA00500 Le j_ _pi N44°06'42"WI I I P.P. 2007-064 PARCEL-2 L I DOC. NO. 2014-055481 8+35.20 POINT 'C' I I _ I CENTERLINE 15'WIDE I I PERMANENT SANITARY SEWER EASEMENT LEGEND: I I • - FOUND SURVEY MONUMENT TEMPORARY CONSTRUCTION EASEMENT w I I I �- PARCEL- 1 REGISTERED .� �� PROFESSIONAL 2S101CA00600 I I SURVEYOR P.P.TRACT 2007-064 I1.1171 I I TRACT'A' I'rDOCUMENT NO.2012-079076OREGON 6+44.01 POINT 'B'MAY 21, 2013 = 'SAN LINE B' PAUL A. KOHN 0+00.00 I (, 58964PLS I J/ RENEWS: 6/30/17 • \S� \ i i � 7- SGS\�i d1fri* �/ � / / i PARCEL- 2J \.125\ _ �\ _0 540°2�54" i -/ i- / � � �� ---}- r Iiir > 5+00 I , �� 4+88.44 25101CA00200 50 25 0 50 (ANGLE POINT) DOC. NO. 2007-019323 CES js4\i\J 13190 SW 68th Parkway,Sufte 150 DATE Tigard, Oregon 97223 MERITAGE FIVE LLC 503.968.6655 www.cesnw.com 2S101CA00600 7/06/16 EXHIBIT'B' EXHIBIT'A' East Tigard Sewer Improvements Map and Tax Lot No.2s101CA-400 July 6, 2016 Page 1 of 2 Owner:Meritage Five,LLC A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON AND BEING A PORTION OF PARCEL 1 PARTITION PLAT 2007-064, WASHINGTON COUNTY PLAT RECORDS ALSO BEING THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2012-079076, WASHINGTON COUNTY DEED RECORDS, SAID TRACT OF LAND BEING A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, THE SIDELINES OF WHICH ARE DESCRIBED AS FOLLOWS. PARCEL-3 (Temporary Construction Easement) STATION OFFSET TO STATION OFFSET 9+50.00 12.50' LT. 9+75.99 12.50'LT. 9+75.99 12.50' LT. 9+90.54 23.00'LT. 9+90.54 23.00' LT. 11+37.30 16.50'LT. 11+37.30 16.50' LT. 12+26.13 12.00'LT. 12+26.13 12.00' LT. 12+25.8B 20.01'LT. 12+25.88 20.01'LT. 12+80.38 8.04'LT. 12+80.38 8.04'LT. 13+70.80 8.04'LT. 13+70.80 8.04'LT. 14+78.29 12.01'LT. 14+78.29 12.01'LT 15+33.12 12.87'LT. 15+33.12 12.87'LT 15+41.11 13.00'LT. 15+41.11 13.00'LT. 16+25.00 13.00' LT. 16+25.00 13.00'LT. 16+25.00 16.00'RT. 16+25.00 16.00'RT 12+29.66 16.00'RT. 12+29.66 16.00'RT. 11+84.26 27.50'RT. 11+84.26 27.50'RT. 11+36.69 27.50'RT. 11+36.69 27.50' RT 9+50.00 27.50'RT. THE SIDE LINES OF SAID EASEMENT TO BE EXTENDED AND SHORTENED TO MEET AT THE ANGLE POINTS. EXCLUDING ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT NUMBER 2012-079076R. THE LOCATION AND STATIONING OF THE ABOVE REFERENCED CENTERLINE ALONG WITH THE FOLLOWING DESCRIBED STRIP OF LAND TO BE EXCLUDED IS AS FOLLOWS: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY, OREGON AND LYING WITHIN THOSE TRACTS OF LANDS DESCRIBED IN DOCUMENT NUMBER 2007-019323, 2013-10545 AND 95025009, WASHINGTON COUNTY DEED RECORDS ALSO LYING WITHIN PARCELS 1, 2 AND TRACT 'A' OF PARTITION PLAT 2007-064 WASHINGTON COUNTY PLAT RECORDS,SAID TRACT OF LAND BEING A 15 FOOT STRIP,THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS. COMMENCING AT A POINT ON THE EASTERLY LINE OF THE TRIMET RIGHT OF WAY , BEING MARKED BY A 3/4" IRON PIPE PER SURVEY NUMBER 5480, WASHINGTON COUNTY SURVEY RECORDS, SAID POINT BEING THE MOST SOUTHERLY SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2013-105450, THENCE SOUTH 54°21'48" EAST, 41.56 FEET TO THE POINT OF BEGINNING BEING AT STATION 1+00.00 OF SAID CENTERLINE, THENCE N48°36'31"E 157.40 FEET TO POINT 'A' BEING AT STATION 2+57.40, THENCE CONTINUING ALONG SAID CENTERLINE N48°36'31"E 231.04 FEET TO STATION 4+88.44, THENCE S75°26'12'E 155.57 FEET TO POINT'B' BEING AT STATION 6+44.01,THENCE N45°31'56"E 191.19 FEET TO POINT'C' BEING AT STATION 8+35.20, Page 2 of 2 THENCE CONTINUING ALONG SAID CENTERLINE N45°31'56"E 68.32 FEET TO POINT'D'BEING AT STATION 9+03.52, THENCE N28°35'14"E 233.78 FEET TO STATION 11+37.30,THENCE N31°06'27"E 518.33 FEET TO STATION 16+55.63 BEING AT THE CENTERLINE OF S.W. HUNZIKER STREET ALSO BEING N71°21'31"E 48.96 FEET FROM A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "NORTHWEST SURVEYING LLC" BEING AT THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARTITION PLAT 2007-064. CONTAINING 12,440 SQUARE FEET, MORE OR LESS. PREPARED BY CESNW,INC. j__ REGISTERED PROFESSIONAL ___, D SURVEYOR c %,.s..,,eL '.. li\---/**----.) 14. OREGON MAY 21, 2013 PAUL A. KOHN 58964PLS RENEWS: 6/30/17 STERED ` REGI SIONAL LAN SURVEYOR (1.,..- �/ N71°21'31'E \ 48.96' 16+55.63 +41.11 74 "".LA"...----- OREGON 15-1133..00EOOL / / \ MAY 21, 2013 // / PAUL A. KOHN 16+00 58964PLS 1 15+33.12 ,..;16_ RENEWS: 6/30/17 -12.87L 15+45.62 14+78.29 +00 251010300100 -12.01L /// DOC. NO. 2001-029042 I / LEGEND: I - FOUND SURVEY MONUMENT 13+70.80.8.04E // PARCEL- 1 14+00 12+80.38 /// -8.04L // 2S101CA00400 P.P. 2007-064 12+25.88 / PARCEL-1 -20.01E / 13+00 DOCUMENT NO. 2012-079076 12+26.13 I/-12.00E N31°06'27"E 518.33' 11+37.30 / / 12+29.66 (ANGLE POINT) / // 16.00R 11+37.30,-16.5L �12+00 / 11+84.26 25101C800200 �Og / 27.50R DOC. NO. 95025009 00 / 11+36.69 os /�,P // / 27.50R 'tiyy / // / 11+00 9+90.54 23.00E /// CENTERLINE 15'WIDE \\ / / PERMANENT SANITARY SEWER EASEMENT \ \ / TEMPORARY CONSTRUCTION EASEMENT \ \� /// / N28°35'14"E \ / 10+00 +75.99• \\ \ 91250L // / / 9+03.52 POINT 'D' )fl_h 25101CA00600 P.P. 2007-064 lb/ TRACT'A' / / 2S101CA00500 P.P. 2007-064 j / PARCEL-2 / / DOCUMENT NO. 2011-023482 100 50 0 100 C E J'VtV 13190 SW 68th Parkway,Suite 150 DATE J l Tigard, Oregon 97223 MERITAGE FIVE400 LLC 7/06/16 503.968.6655 www.cesnw.com 25101CA00400 EXHIBIT'S' EXHIBIT'A' East Tigard Sewer Improvements Map and Tax Lot No. 2s101CA-200 July 6, 2016 Page 1 of 2 Owner:Wall Street Industrial,LLC and A Richard Vial Executive Center LLC A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1,TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2007-019323, WASHINGTON COUNTY DEED RECORDS, SAID TRACT OF LAND BEING A 15 FOOT PERMANENT SANITARY SEWER EASEMENT, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS. PARCEL-1(Permanent Sanitary Sewer Easement) STATION TO STATION 1+00.00 5+30.00 THE SIDE LINES OF SAID 15 FOOT PERMANENT SANITARY SEWER EASEMENT TO BE EXTENDED AND SHORTENED TO MEET AT THE ANGLE POINTS. EXCLUDING ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT NUMBER 2007-019323. PARCEL-2(Permanent Sanitary Sewer Easement) PARCEL 2:A 15 FOOT WIDE PERMANENT SANITARY SEWER EASEMENT WHICH THE CENTERLINE BEGINS AT POINT 'A',THENCE N41°39'35"W 93.28 FEET. EXCLUDING ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT NUMBER 2007-019323. THE LOCATION AND STATIONING OF THE ABOVE REFERENCED CENTERLINE IS DESCRIBED AS FOLLOWS: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON AND LYING WITHIN THOSE TRACTS OF LANDS DESCRIBED IN DOCUMENT NUMBER 2007-019323, 2013-105450 AND 95025009, WASHINGTON COUNTY DEED RECORDS AND ALSO LYING WITHIN PARCELS 1, 2 AND TRACT 'A' OF PARTITION PLAT 2007-064 WASHINGTON COUNTY PLAT RECORDS,THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS. COMMENCING AT A POINT ON THE EASTERLY LINE OF THE TRIMET RIGHT OF WAY , BEING MARKED BY A 3/4" IRON PIPE PER SURVEY NUMBER 5480, WASHINGTON COUNTY SURVEY RECORDS, SAID POINT BEING THE MOST SOUTHERLY SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2013-105450, THENCE SOUTH 54°21'48" EAST, 41.56 FEET TO THE POINT OF BEGINNING BEING AT STATION 1+00.00 OF SAID CENTERLINE, THENCE N48°36'31"E 157.40 FEET TO POINT 'A' BEING AT STATION 2+57.40, THENCE CONTINUING ALONG SAID CENTERLINE N48°36'31"E 231.04 FEET TO STATION 4+88.44, THENCE S75°26'12'E 155.57 FEET TO POINT'B' BEING AT STATION 6+44.01,THENCE N45'31'56"E 191.19 FEET TO POINT'C' BEING AT STATION 8+35.20, THENCE CONTINUING ALONG SAID CENTERLINE N45'31'56"E 68.32 FEET TO POINT'D' BEING AT STATION 9+03.52, THENCE N28°35'14"E 233.78 FEET TO STATION 11+37.30,THENCE N31°06'27"E 518.33 FEET TO STATION 16+55.63 Page 2 of 2 BEING AT THE CENTERLINE OF S.W. HUNZIKER STREET ALSO BEING N71°21'31"E 48.96 FEET FROM A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "NORTHWEST SURVEYING LLC" BEING AT THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARTITION PLAT 2007-064. PARCELS 1&2 CONTAIN 6,588 SQUARE FEET, MORE OR LESS. PREPARED BY CESNW,INC. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON `— MAY 21, 2013 PAUL A. KOHN 58964PLS RENEWS: 6/30/17 2S101CA00600 / /1,L"/ -// / P.P. 2007-064 °y6 / TRACT'A' • / cvl5 / DOC. NO. 2012-079076 r( ' 5+00 / ' 4+88.44 (ANGLE POINT) I I 25101CB00200 I DOC. NO.95025009 I I I I I I I TEMPORARY CONSTRUCTION EASEMENT r+109 CENTERLINE 15'WIDE I PERMANENT SANITARY I w I SEWER EASEMENT m PARCEL- 1 2S101CB00300 omo I DOC. NO. 2013-105450 z I LEGEND: • - FOUND SURVEY MONUMENT PARCEL-2 —\ _11341°C1 II II 3+00 r — I -J �. J AGI 8 N41°39'35"w �2+57.40 POINT 'A'8 E41°39'35"W rSTERED S IONAL I I o _ _ _ _ LAND URVEYOR I L_ -I i I � V' .Cl A ,(A---`- OREGON MAY 21, 2013 PAUL A. KOHN 12A0d I 58964PLS I RENEWS: 6/30/17 25101CA00200 I w I DOC. NO. 2007-019323 25101CB00400 I m I DOC. NO. 2013-105450 I *I 0 I co Trz 3/4"I.P. \ -- 5547;2148"E 1+00 41.56 SO 25 50 DATE: CES NW 13190 SW 68th Parkway,Suite 150 503968 Tigard,655 yygy on 7 ppm WALL STREET A 5IAL LLC 101CA00 00 VIAL EXECUTIVE CENTER LLC 7/06/16 EXHIBIT'S' EXHIBIT'A' East Tigard Sewer Improvements Map and Tax Lot No.2s101CA-200 July 6, 2016 Page 1 of 2 Owner:Wall Street Industrial,LLC and A Richard Vial Executive Center LLC A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2007-019323, WASHINGTON COUNTY DEED RECORDS, SAID TRACT OF LAND BEING A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, THE SIDELINES OF WHICH ARE DESCRIBED AS FOLLOWS. PARCEL-1 (Temporary Construction Easement) STATION OFFSET TO STATION OFFSET 1+00.00 12.50' LT. 2+34.86 12.50'LT. 2+34.86 12.50'LT. 2+34.86 50.00'LT. 2+34.86 50.00' LT. 2+79.82 50.00' LT. 2+79.82 50.00' LT. 2+79.82 25.00'LT. 2+79.82 25.00' LT. 2+69.82 25.00'LT. 2+69.82 25.00'LT. 2+69.86 12.50' LT. 2+69.86 12.50'LT. 4+88.43 12.50'LT. 4+88.43 12.50'LT. 5+60.00 12.50' LT. 5+60.00 12.50'LT. 5+60.00 27.50'RT. 5+60.00 27.50' RT. 4+73.83 27.50'RT. 4+73.83 27.50' RT. 1+00.00 27.50'RT. THE SIDE LINES OF SAID EASEMENT TO BE EXTENDED AND SHORTENED TO MEET AT THE ANGLE POINTS. EXCLUDING ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT NUMBER 2007-019323. THE LOCATION AND STATIONING OF THE ABOVE REFERENCED CENTERLINE ALONG WITH THE FOLLOWING DESCRIBED STRIP OF LAND TO BE EXCLUDED IS AS FOLLOWS: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD,WASHINGTON COUNTY,OREGON AND LYING WITHIN THOSE TRACTS OF LANDS DESCRIBED IN DOCUMENT NUMBER 2007-019323, 2013-10545 AND 95025009, WASHINGTON COUNTY DEED RECORDS ALSO LYING WITHIN PARCELS 1, 2 AND TRACT 'A' OF PARTITION PLAT 2007-064 WASHINGTON COUNTY PLAT RECORDS, SAID TRACT OF LAND BEING A 15 FOOT STRIP,THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS. COMMENCING AT A POINT ON THE EASTERLY LINE OF THE TRIMET RIGHT OF WAY , BEING MARKED BY A 3/4" IRON PIPE PER SURVEY NUMBER 5480, WASHINGTON COUNTY SURVEY RECORDS, SAID POINT BEING THE MOST SOUTHERLY SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2013-105450, THENCE SOUTH 54°21'48" EAST, 41.56 FEET TO THE POINT OF BEGINNING BEING AT STATION 1+00.00 OF SAID CENTERLINE, THENCE N48°36'31"E 157.40 FEET TO POINT 'A' BEING AT STATION 2+57.40, THENCE CONTINUING ALONG SAID CENTERLINE N48°36'31"E 231.04 FEET TO STATION 4+88.44, THENCE 575'26'12'E 155.57 FEET TO POINT'B' BEING AT STATION 6+44.01,THENCE N45°31'56"E 191.19 FEET TO POINT'C' BEING AT STATION 8+35.20, THENCE CONTINUING ALONG SAID CENTERLINE N45°31'56"E 68.32 FEET TO POINT'D'BEING AT STATION 9+03.52, THENCE N28°35'14"E 233.78 FEET TO STATION 11+37.30,THENCE N31°06'27"E 518.33 FEET TO STATION 16+55.63 BEING AT THE CENTERLINE OF S.W. HUNZIKER STREET ALSO BEING N71°21'31"E 48.96 FEET FROM A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "NORTHWEST SURVEYING LLC" BEING AT THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARTITION PLAT 2007-064. Page 2 of 2 ALSO EXCLUDING A 15 FOOT WIDE STRIP WHICH THE CENTERLINE BEGINS AT THE ABOVE DESCRIBED POINT 'A', THENCE N41°39'35"W 93.28 FEET. CONTAINING 10,794 SQUARE FEET,MORE OR LESS. PREPARED BY CESNW,INC. REGISTERED j_,_ PROFESSIONAL UtIJ:),SU RVEYOR ----r-.. OREGON MAY 21, 2013 PAUL A. KOHN 58964PLS RENEWS: 6/30/17 2S101CA00600 ol 611'..i' ." " P.P. 2007-064 ./ ,301, / / TRACT'A' IP 0** DOC. NO. 2012-079076 rr ' 5+00 i ' 4+88.44 (ANGLE POINT) I I 4+73.83 251010300200 I 27.50R DOC. NO. 95025009 I I I I I I I /- TEMPORARY CONSTRUCTION EASEMENT /41001 CENTERLINE 15'WIDE PERMANENT SANITARY I w SEWER EASEMENT rn PARCEL- 1 2S101CB00300 I coI DOC. NO. 2013-105450 I z I I I LEGEND: 2+79.82 • - FOUND SURVEY MONUMENT -25.00E I I 2+69.82 -25.00L —\ 13410C) I 2+69.86 r _ I / I -12.50L J r — — I 2+57.401POINT'A' REGISTERED $ N41°39'35"W PROFESSIONAL I I N _ - - ..,_. _ LAIC SURVEYOR L ' I L......\,,/ LI I OREGON I I5 2+34.86 i I1 MAY 21, 2013 -12.50L I PAUL A. KOHN 2+100 58964PLS I I RENEWS: 6/30/17 I 25101CA00200 Lu I I DOC. NO.2007-019323 25101CB00400 I "' I 11°V I DOC. NO. 2013-105450 I 0 I I 5I 3/4" I.P. _ f 554;-2-17:413.1.1+00 41.56 50 25 50 DATE: [(1ES t\1J'I\J 13190 SW 68th 503 968 66505 go ycesnyy, com WALL STREET A RICHARD VIAL 51101CA00 IONDUSTRIAL LLC EXECUTIVE CENTER LLC 7/06/16 1 EXHIBIT'e EXHIBIT'A' East Tigard Sewer Improvements Map and Tax Lot No. 2s101CB-400 July 6,2016 Page 1 of 1 Owner:McLellan Estate CO. A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2013-105450, WASHINGTON COUNTY DEED RECORDS, SAID TRACT OF LAND BEING A 15 FOOT WIDE PERMANENT SANITARY SEWER EASEMENT,THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS. PARCEL-1(Permanent Sanitary Sewer Easement) BEGINNING AT THE BELOW DESCRIBED POINT'A', SAID POINT ALSO BEING STATION 'SAN LAT 1'0+90.00,THENCE N41°39'35"W 93.28 FEET. EXCLUDING ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT NUMBER 2013-105450. THE LOCATION AND STATIONING OF THE ABOVE REFERENCED CENTERLINE IS DESCRIBED AS FOLLOWS: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON AND LYING WITHIN THOSE TRACTS OF LANDS DESCRIBED IN DOCUMENT NUMBER 2007-019323, 2013-105450 AND 95025009, WASHINGTON COUNTY DEED RECORDS AND ALSO LYING WITHIN PARCELS 1, 2 AND TRACT 'A' OF PARTITION PLAT 2007-064 WASHINGTON COUNTY PLAT RECORDS,THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS. COMMENCING AT A POINT ON THE EASTERLY LINE OF THE TRIMET RIGHT OF WAY , BEING MARKED BY A 3/4" IRON PIPE PER SURVEY NUMBER 5480, WASHINGTON COUNTY SURVEY RECORDS, SAID POINT BEING THE MOST SOUTHERLY SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2013-105450, THENCE SOUTH 54°21'48" EAST, 41.56 FEET TO THE POINT OF BEGINNING BEING AT STATION 1+00.00 OF SAID CENTERLINE, THENCE N48°36'31"E 157.40 FEET TO POINT 'A' BEING AT STATION 2+57.40, THENCE CONTINUING ALONG SAID CENTERLINE N48°36'31"E 231.04 FEET TO STATION 4+88.44, THENCE 575°26'12'E 155.57 FEET TO POINT'B' BEING AT STATION 6+44.01,THENCE N45°31'56"E 191.19 FEET TO POINT'C' BEING AT STATION 8+35.20, THENCE CONTINUING ALONG SAID CENTERLINE N45°31'56"E 68.32 FEET TO POINT'D' BEING AT STATION 9+03.52, THENCE N28°35'14"E 233.78 FEET TO STATION 11+37.30,THENCE N31°06'27"E 518.33 FEET TO STATION 16+55.63 BEING AT THE CENTERLINE OF S.W. HUNZIKER STREET ALSO BEING N71°21'31"E 48.96 FEET FROM A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "NORTHWEST SURVEYING LLC" BEING AT THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARTITION PLAT 2007-064. CONTAINING 778 SQUARE FEET, MORE OR LESS. REGISTERED PROFESSIONAL PREPARED BY CESNW,INC. LA SURVEYOR (-- LOREGON MAY 21, 2013 PAUL A. KOHN 58964PLS j RENEWS: 6/30/17 / / / -2S101CA00600 �� P. 1- / ' TRACT'A' r 064 -IP ' 5+00 ., r4+88.44 (ANGLE POINT) I I 2S101CB00200 I I DOC. NO.95025009 II /- TEMPORARY CONSTRUCTION / EASEMENT I I CENTERLINE 15'WIDE I I PERMANENT SANITARY SEWER +11 EASEMENT I I LU I 2S101CA00200 I in I DOC. NO. 2007-019323 2S101CB00300 I ml I DOC. NO. 2013-105450 z I I I LEGEND: • - FOUND SURVEY MONUMENT � I �Otl PARCEL- 1 1 ..r r _ I r J ` J N41°39'35"W — 2+57.40 POINT'A' I I 'SAN LAT 1' �- 'SAN LAT 1' 0+90.00 - - - - I REGISTERED L — —1 I PROFESSIONAL D SURVEYOR I i II i TEMPORARY ki_ E._LLL_._ CONSTRUCTION EASEMENT I tbpd I OREGON CENTERLINE 15' WIDE - I MAY 21, 2013 PERMANENT SANITARY I I PAUL A. KOHN SEWER EASEMENT 58964PLS J rI 2S101CB00400 I I RENEWS: 6/30/17 DOC. NO. 2013-105450 I to I I I v- tZ 3/4" I.P. \ ..., 54°2148'E1+00 ....- 41.56 50 2550 DATE 13190 SW 68th Parkway,Suite 150 C S N W Tigard, Oregon 97223 2S1O1 AN ESTATES CO. 503.968.6655 www.cesnw.com McLEL251010800400 7/06/16 EXHIBIT'B' EXHIBIT'A' East Tigard Sewer Improvements Map and Tax Lot No. 2s101CB-400 July 6,2016 Page 1 of 2 Owner:McLellan Estate CO. A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2007-019323, WASHINGTON COUNTY DEED RECORDS, SAID TRACT OF LAND BEING A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, THE SIDELINES OF WHICH ARE DESCRIBED AS FOLLOWS. PARCEL-1(Temporary Construction Easement) STATION OFFSET TO STATION OFFSET 'SAN LAT 1' 1+02.61 22.30' LT. 'SAN LAT 1'2+28.26 22.30'LT. 'SAN LAT 1'2+28.26 22,30'LT. 'SAN LAT 1' 2+28.26 12.70'RT. 'SAN LAT 1'2+28.26 12.70'RT. 'SAN LAT 1' 1+35.30 12.70'RT. 'SAN LAT 1' 1+35.30 12.70' RT. 'SAN LAT 1' 1+35.33 22.50'RT. 'SAN LAT 1' 1+14.90 22.50'RT. 'SAN LAT 1' 1+14.94 12.50' RT. EXCLUDING ANY PORTIONS FALLING OUTSIDE OF SAID DOCUMENT NUMBER 2007-019323. THE LOCATION AND STATIONING OF THE ABOVE REFERENCED CENTERLINE BEING DESCRIBED BELOW, ALONG WITH THE FOLLOWING DESCRIBED STRIP OF LAND TO BE EXCLUDED IS AS FOLLOWS: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY, OREGON AND LYING WITHIN THOSE TRACTS OF LANDS DESCRIBED IN DOCUMENT NUMBER 2007-019323, 2013-10545 AND 95025009, WASHINGTON COUNTY DEED RECORDS ALSO LYING WITHIN PARCELS 1, 2 AND TRACT 'A' OF PARTITION PLAT 2007-064 WASHINGTON COUNTY PLAT RECORDS, SAID TRACT OF LAND BEING A 15 FOOT STRIP, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS. COMMENCING AT A POINT ON THE EASTERLY LINE OF THE TRIMET RIGHT OF WAY , BEING MARKED BY A 3/4" IRON PIPE PER SURVEY NUMBER 5480, WASHINGTON COUNTY SURVEY RECORDS, SAID POINT BEING THE MOST SOUTHERLY SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2013-105450, THENCE SOUTH 54°21'48" EAST, 41.56 FEET TO THE POINT OF BEGINNING BEING AT STATION 1+00.00 OF SAID CENTERLINE, THENCE N48°36'31"E 157.40 FEET TO POINT 'A' BEING AT STATION 2+57.40, THENCE CONTINUING ALONG SAID CENTERLINE N48°36'31"E 231.04 FEET TO STATION 4+88.44, THENCE S75°26'12'E 155.57 FEET TO POINT'B' BEING AT STATION 6+44.01,THENCE N45°31'56"E 191.19 FEET TO POINT'C' BEING AT STATION 8+35.20, THENCE CONTINUING ALONG SAID CENTERLINE N45°31'56"E 68.32 FEET TO POINT'D' BEING AT STATION 9+03.52, THENCE N28°35'14"E 233.78 FEET TO STATION 11+37.30,THENCE N31°06'27"E 518.33 FEET TO STATION 16+55.63 BEING AT THE CENTERLINE OF S.W. HUNZIKER STREET ALSO BEING N71°21'31"E 48.96 FEET FROM A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "NORTHWEST SURVEYING LLC" BEING AT THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARTITION PLAT 2007-064. Page 2 of 2 ALSO EXCLUDING A 15 FOOT WIDE STRIP WHICH THE CENTERLINE BEGINS AT THE ABOVE DESCRIBED POINT 'A', SAID POINT ALSO BEING AT STATION 'SAN LAT 1'0+90.00,THENCE N41°39'35"W 93.28 FEET. CONTAINING 2,652.5 SQUARE FEET, MORE OR LESS. PREPARED BY CESNW, INC. I REGISTERED PROFESSIONAL rLA1DURVEYOR k . , ,..,,0 -A • 1/1—\---N..„.......( OREGON MAY 21, 2013 PAUL A. KOHN 58964 PLS RENEWS: 6/30/17 / " /2S101CA00600 /o'c.; / / .� / / P.P. 2007-064 0 / TRACT'A' I? / / 5+00 / / 4+88.44 (ANGLE POINT) I I 2S101C800200 I I DOC. NO. 95025009 I I � TEMPORARY CONSTRUCTION EASEMENT - I CENTERLINE 15' WIDE I — PERMANENT SANITARY +IOq SEWER EASEMENT 141I I "' I 2S101CA00200 i I DOC. NO. 2007-019323 io 2S101CB00300 �I DOC. NO. 2013-105450 I z I I LEGEND: 2+28.26 1+35.33 • - FOUND SURVEY MONUMENT 1+35.30 _22.50R 1 3 0I 12.70R 12.70R d �1 PARCEL- 1 — _ 1 I I L + I + N41°39'35"W 2+57.40 POINT 'A' SAN LAT 1 1 = 'SAN LAT ' 0+90.00 2+28'—I I REGISTERED PROFESSIONAL 2+ -b�ND SURVEYOR 20L I i -22.30L TEMPORARY I I L-. 4 a' \ 1A----...._ CONSTRUCTION EASEMENT I r001 L.i OREGON CENTERLINE 15' WIDE — MAY 21, 2013 PERMANENT SANITARY I PAUL A. KOHN SEWER EASEMENT i I I 58964PLS J "' RENEWS: 6/30/17 2S101CB00400 Im I DOC. NO. 2013-105450 I Im I I ° 3/4" I.P. C ID Iz \\ 554°21'48"E1+00 41'56 50 25 0 50 CES NW 13190 SW 68th Parkway Suite 150 7 / Tigard, Oregon 97223 McLELLAN ESTATES CO. / / 503.968.6655 www.cesnw.com 251010600300 0616 EXHIBIT'S' EXHIBIT'A' East Tigard Sewer Improvements Map and Tax Lot No.2s101CB-200 July 6,2016 Page 1 of 1 Owner:Smith Gerig Western Properties, LLC A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 95025009, WASHINGTON COUNTY DEED RECORDS, SAID TRACT OF LAND BEING A 15 FOOT WIDE PERMANENT SANITARY SEWER EASEMENT,THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS. PARCEL-1(Permanent Sanitary Sewer Easement) BEGINNING AT THE BELOW DESCRIBED POINT 'C', SAID POINT ALSO BEING AT STATION 'SAN LAT 2' 0+80.00, THENCE 44'06'42"W 221.78 FEET. EXCLUDING ANY PORTION FALLING OUTSIDE OF SAID DOCUMENT NUMBER 95025009, WASHINGTON COUNTY DEED RECORDS THE LOCATION AND STATIONING OF THE ABOVE REFERENCED CENTERLINE IS DESCRIBED AS FOLLOWS: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,CITY OF TIGARD,WASHINGTON COUNTY,OREGON AND LYING WITHIN THOSE TRACTS OF LANDS DESCRIBED IN DOCUMENT NUMBER 2007-019323, 2013-105450 AND 95025009, WASHINGTON COUNTY DEED RECORDS AND ALSO LYING WITHIN PARCELS 1, 2 AND TRACT 'A' OF PARTITION PLAT 2007-064 WASHINGTON COUNTY PLAT RECORDS,THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS. COMMENCING AT A POINT ON THE EASTERLY LINE OF THE TRIMET RIGHT OF WAY , BEING MARKED BY A 3/4" IRON PIPE PER SURVEY NUMBER 5480, WASHINGTON COUNTY SURVEY RECORDS, SAID POINT BEING THE MOST SOUTHERLY SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2013-105450, THENCE SOUTH 54°21'48" EAST, 41.56 FEET TO THE POINT OF BEGINNING BEING AT STATION 1+00.00 OF SAID CENTERLINE, THENCE N48°36'31"E 157.40 FEET TO POINT 'A' BEING AT STATION 2+57.40, THENCE CONTINUING ALONG SAID CENTERLINE N48°36'31"E 231.04 FEET TO STATION 4+88.44, THENCE S75'26'12'E 155.57 FEET TO POINT'B'BEING AT STATION 6+44.01,THENCE N45'31'56"E 191.19 FEET TO POINT'C'BEING AT STATION 8+35.20, THENCE CONTINUING ALONG SAID CENTERLINE N45°31'56"E 68.32 FEET TO POINT'D' BEING AT STATION 9+03.52, THENCE N28'35'14"E 233.78 FEET TO STATION 11+37.30,THENCE N31°06'27"E 518.33 FEET TO STATION 16+55.63 BEING AT THE CENTERLINE OF S.W. HUNZIKER STREET ALSO BEING N71'21'31"E 48.96 FEET FROM A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "NORTHWEST SURVEYING LLC" BEING AT THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARTITION PLAT 2007-064. REGISTERED CONTAINING 880 SQUARE FEET,MORE OR LESS. PROFESSIONAL PREPARED BY CESNW,INC. - LAN177S4RVEYOR 1, f ,..-tie , ri r' OREGON MAY 21, 2013 PAUL A. KOHN 58964 PLS RENEWS: 6/30/17 , , 1 2S101CA00700 1 \ P.P. 2007-064 TRACT'8' 1 \ 2S101CA00500 c \ P.P.2007-064 DOC.NO. \ \ 2012-079076PARCEL-2 \ ` 'Ai ` \ DOC. NO. \ ,Nv. 2011-023482 2S101CB00200 \` 4 1 DOC. NO.95025009 \, 9+03.52 POINT'D' \ 5 °07 'd r Iv! PARCEL I IIM PARCEL- 114-- - - --, I I 'SAN LAT?' II - LPL_ N4--,1°.07-4211W--- I I L I 8+35.20 POINT 'C' � ;II I _ 'SAN LAT 2' 0+80.00 I CENTERLINE 15'WIDE I I PERMANENT SANITARY I ( TEMPORARY SEWER EASEMENT I CONSTRUCTION EASEMENT II I LEGEND: I • - FOUND SURVEY MONUMENT I I IW I r REGISTERED I pi I PROFESSIONAL 25101CA00600 I°v, D SURVEYOR P.P. 64I TRACT T'A' DOCUMENT NO. I I — I I n .rl 1 2012-079076 I �� 61 . OREGON - 6+44.01 POINT 'B' I I I MAY 21, 2013 I I I PAUL A. KOHN 58964PLS J RENEWS: 6/30/17 \ • Ilk IC. ..,\I% i .--<,.."' \\ 2S101CA00200 DOC. NO.2007-019323 fi I 50 25 0 50 I DATE (GE JJT A T 13190 SW 68th Parfcway,Suite 150SMITH GERIG WESTERN PROPERTIES LLC2S1017/06/16 J V\1r/ Tigard, Oregon 97223 SMITH 800200 503.968.6655 www.aesnw.aQm EXHIBIT'B' EXHIBIT'A' East Tigard Sewer Improvements Map and Tax Lot No.2s101CB-200 July 6,2016 Page 1 of 2 Owner:Smith Gerig Western Properties,LLC A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 95025009, WASHINGTON COUNTY DEED RECORDS, SAID TRACT OF LAND BEING A VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT, THE SIDELINES OF WHICH ARE DESCRIBED AS FOLLOWS. PARCEL-1(Temporary Construction Easement) STATION OFFSET TO STATION OFFSET 'SAN LAT 2'2+30.00 22.50'LT. 'SAN LAT 2'3+21.78 22.50'LT. 'SAN LAT 2'3+21.78 22.50'LT. 'SAN LAT 2'3+21.78 12.50'RT. 'SAN LAT 2'3+21.78 12.50'RT. 'SAN LAT 2'2+45.11 12.50'RT. 'SAN LAT 2'2+45.11 12.50'RT. 'SAN LAT 2'2+45.11 22.50'RT. 'SAN LAT 2' 2+45.11 22.50'RT. 'SAN LAT 2'2+30.00 22.50'RT. EXCLUDING ANY PORTIONS FALLING OUTSIDE OF SAID DOCUMENT NUMBER 95025009. THE LOCATION AND STATIONING OF THE ABOVE REFERENCED CENTERLINE BEING DESCRIBED BELOW, ALONG WITH THE FOLLOWING DESCRIBED STRIP OF LAND TO BE EXCLUDED IS AS FOLLOWS: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD,WASHINGTON COUNTY,OREGON AND LYING WITHIN THOSE TRACTS OF LANDS DESCRIBED IN DOCUMENT NUMBER 2007-019323, 2013-10545 AND 95025009, WASHINGTON COUNTY DEED RECORDS ALSO LYING WITHIN PARCELS 1, 2 AND TRACT 'A' OF PARTITION PLAT 2007-064 WASHINGTON COUNTY PLAT RECORDS,SAID TRACT OF LAND BEING A 15 FOOT STRIP,THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS. COMMENCING AT A POINT ON THE EASTERLY LINE OF THE TRIMET RIGHT OF WAY , BEING MARKED BY A 3/4" IRON PIPE PER SURVEY NUMBER 5480, WASHINGTON COUNTY SURVEY RECORDS, SAID POINT BEING THE MOST SOUTHERLY SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT NUMBER 2013-105450, THENCE SOUTH 54°21'48" EAST, 41.56 FEET TO THE POINT OF BEGINNING BEING AT STATION 1+00.00 OF SAID CENTERLINE, THENCE N48°36'31"E 157.40 FEET TO POINT 'A' BEING AT STATION 2+57.40, THENCE CONTINUING ALONG SAID CENTERLINE N48"36'31"E 231.04 FEET TO STATION 4+88.44, THENCE S75°26'12'E 155.57 FEET TO POINT'B' BEING AT STATION 6+44.01,THENCE N45°31'56"E 191.19 FEET TO POINT'C'BEING AT STATION 8+35.20, THENCE CONTINUING ALONG SAID CENTERLINE N45`31'56"E 68.32 FEET TO POINT'D'BEING AT STATION 9+03.52, THENCE N28°35'14"E 233.78 FEET TO STATION 11+37.30,THENCE N31°06'27"E 518.33 FEET TO STATION 16+55.63 BEING AT THE CENTERLINE OF S.W. HUNZIKER STREET ALSO BEING N71°21'31"E 48.96 FEET FROM A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "NORTHWEST SURVEYING LLC" BEING AT THE NORTHWEST CORNER OF PARCEL 1 OF SAID PARTITION PLAT 2007-064. Page 2 of 2 ALSO EXCLUDING A 15 FOOT WIDE STRIP WHICH THE CENTERLINE BEGINS AT THE ABOVE DESCRIBED POINT 'C', SAID POINT ALSO BEING AT STATION'SAN LAT 2'0+80.00,THENCE 44°06'42"W 221.78 FEET. CONTAINING 1,894 SQUARE FEET,MORE OR LESS. PREPARED BY CESNW,INC. REGISTERED •'• ESSIDNAL IIIVSURVEYOR \ t-t-14, A- --VAT LOREGON MAY 21, 2013 PAUL A. KOHN 58964PLS RENEWS: 6/30117 1 25101CA00700 \ 1 P.P. 2007-064 TRACT'B' 1 1 2S101CA00500 DOC. NO. 1\ 14- 1 P.P.2007-064 2012-079076 PARCEL-2 2S101CB00200 \ \ DOC.NO. DOC.NO.95025009 ‘ ` iD \... 2011-023482 \1 \Z1 2+45.11 9+03.52 POINT'D' \ ski° 7 22.50R 1 2+45.11 I xi r 7-_,:,..._12.50R W 3+21.78 I Io I 12.50R I PARCEL- 1 — — —, I IE 1 SAN LAT12' — I _ ++ N44°OS'42'W I I I 3+01.78+21.78 1\__ 8+35.20 POINT'C' 322 SOL = 'SAN LAT 2' 0+80.00 plci CENTERLINE 15'WIDE I I I PERMANENT SANITARY SEWER EASEMENT I I TEMPORARY I i LEGEND: CONSTRUCTION EASEMENT 0 - FOUND SURVEY MONUMENT 1 IWIR REGISTERED 1 ;.I PROFESSIONAL 25101CA00600 r(f.,...._7 SURVEYOR P.P. 2007-064 I TRACT'A'P ' _ ^ DOCUMENT NO. 0 �� 2012-079076 17+0J 1 ,� I I I OREGON 6+44.01 POINT'B' MAY 21, 2013 PAULA. KOHN I l 58964PLS • RENEWS: 6/30/17 / i \ . va 14> � fe� - -.:1-5 i � \\ mat � ,5 / \ / / . ` \\ • 25101CA00200 I DOC. NO. 2007-019323=MI 50 25 0 50 Oregon DATE ES t\J't\T13190 SW 681ii Parkway,Sulfa 1S0 yesnw.corn E5TERN PROPERTIES LLC 25O1CB00200 7/06/16 EXHIBIT'B' AIS-3002 11. Business Meeting Meeting Date: 02/14/2017 Length (in minutes):20 Minutes Agenda Title: DISCUSS SW CORRIDOR LAND USE FINAL ORDER Prepared For: Kenny Asher,Community Development Submitted By: Doreen Laughlin,Community Development Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Council has requested a briefing on a bill to facilitate construction of the Southwest Corridor light rail project, known as the Southwest Corridor LUFO (Land Use Final Order) bill. STAFF RECOMMENDATION / ACTION REQUEST No action requested. Staff will present the basics of the LUFO concept and some of the particulars related to the bill that TriMet is requesting of the legislature,and which staff has included on the City of Tigard's legislative agenda. KEY FACTS AND INFORMATION SUMMARY Beginning with the Westside Light Rail project in the 1990's, the Oregon legislature has authorized an expedited land use process to allow large transit projects to successfully compete for federal funding. These projects are complex,multi-jurisdictional and regionally significant,and yet require assurance of local land use approvals if they are to compete for scarce federal funding. Further,light rail projects require enormous investments of public resources (i.e.initial engineering,environmental analysis,public outreach) prior to reaching a state of readiness for local land use approval and federal funding. For all these reasons,the state of Oregon has seen fit to authorize an expedited land review process for light rail projects. Known as the Land Use Final Order,or LUFO,the law provides procedures and requirements related to the siting of,and land use review criteria over,the Southwest Corridor light rail project. For example,the bill specifies that all permits and approvals related to the project are subject to the 120-day processing timeline under ORS 227.178 and that the applicable criteria for processing the land use permits is identified in the bill and not in local land use code. Another example is that all conditions of approval must be "reasonable," and physically and functionally necessitated by the project. This version of the bill also specifies a decision-making process if the federal government requires deletion,modification or deferral of project components. The proposed Southwest Corridor LUFO bill is actually just an update to an existing law passed by the legislature to apply to light rail projects in the South/North Corridor. The update is necessary because the corridor being planned now(Southwest)is not in the South/North corridor and therefore not covered by existing law. Most of the updates to the existing law are minor;the principal change is broadening(and updating) the authority to cover the southwest Portland-Tualatin geography. The City Attorney and staff from Metro and TriMet are expected to be on hand at the council session to answer any questions about the Southwest Corridor LUFO bill. OTHER ALTERNATIVES No action is being requested;however,council could elect to schedule another briefing to cover the proposed bill in more detail. Timing is a concern, since TriMet is actively working with legislators to garner support for the bill in the month of February. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS This item supports the city's Comprehensive Plan,Tigard Triangle and Downtown plans,the city's Strategic Plan and council's recently identified 2017-18 goals. DATES OF PREVIOUS COUNCIL CONSIDERATION Council was briefed on the city's legislative agenda on January 10,2017,prompting a request for this item. Several other council discussions occurred in 20142016 related to the Southwest Corridor project and,more particularly,about the"super-siting" authority of the LUFO law in the 2016 preparation of a ballot measure asking for public authorization of support for the Southwest Corridor project. Attachments No file(s)attached. AIS-3003 12, Business Meeting Meeting Date: 02/14/2017 Length (in minutes): 15 Minutes Agenda Title: CONSIDER RENEWAL OF WASHINGTON COUNTY MOSQUITO CONTROL IN 1'ERGOVERNMENTAL AGREEMENT Prepared For: John Goodrich,Public Works Submitted By: John Goodrich,Public Works Item Type: Motion Requested Meeting Type: Council Business Meeting -Main Public Hearing: No Publication Date: Information ISSUE Shall the City of Tigard renew an agreement with Washington County for participation and implementation of the West Nile Virus and Zika mosquito control program? STAFF RECOMMENDATION /ACTION REQUEST Renew intergovernmental agreement with Washington County for mosquito control. KEY FACTS AND INFORMATION SUMMARY Summary of the Agreement This intergovernmental agreement (IGA)will enable Tigard and Washington County to continue to work cooperatively on West Nile Virus (WNV) and Zika monitoring and prevention efforts. •The county will oversee the WNV program and furnish the city with mosquito controls free of charge, a cost savings of approximately$9,000 annually. •The city will use in-house staff and equipment to apply the mosquito controls. •The IGA will be in effect until December 2022. However,either party can terminate the agreement with 30-day's notice. •The attached IGA includes a Statement of Work which refers to a"Mosquito Control Management Practices for Storm Water Catch Basins" that the city is required to follow as a part of this agreement. Background The City of Tigard and Washington County Department of Health and Human Services have been working together to implement the West Nile Virus (WNV) response plan since 2003.The plan focuses on education, sampling and treatment. Documented Cases of WNV Since the inception of the response plan,WNV has been documented in two dead crows: one found in Hillsboro in 2006,and one found in Beaverton in 2007. These birds were most likely infected by mosquitoes, the primary carrier of WNV.Washington County has reported no further cases from 2012 to 2016. In rare cases,it is possible for mosquitoes to infect humans. Such infections can result in severe health problems. Oregon has had 73 documented cases of WNV in humans and one reported death. Control of WNV in Catch Basins In urban areas,sumped catch basins provide the perfect breeding ground for the type of mosquitoes that carry WNV.These catch basins are designed with a small holding pool or sump where water collects.The sump serves to filter out silt,but the resulting stagnant water also creates a place for mosquitoes to breed. In these catch basins,the most effective method of controlling mosquitoes is to apply a slow-release insecticide called a larvicide. Larvicide interrupts the mosquito's life cycle and prevents larvae from maturing into adults. Based on past sampling and monitoring data and the effectiveness of the larvicide,Tigard plans to treat approximately 2,900 city and school district sumped catch basins beginning in late June or early July. OTHER ALTERNATIVES City Council could choose not to renew this IGA. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS None. DATES OF PREVIOUS COUNCIL CONSIDERATION Council authorized participation through a mosquito control program IGA with Washington County on March 27,2012 for a 5-year period. Attachments Mosquito Control IGA with Washington County AgendaQuick©2005-2017 Destiny Software Inc.,All Rights Reserved INTERGOVERNMENTAL AGREEMENT This Agreement is entered into,by and between Washington County, a political subdivision of the State of Oregon, and City of Tigard . WHEREAS ORS 190.010 authorizes the parties to enter into this Agreement for the performance of any or all functions and activities that a party to the Agreement has authority to perform. Now,therefore,the parties agree as follows: 1) The effective date is: March 1,2017, or upon final signature,whichever is later. The expiration date is: December 31,2022; unless otherwise amended. 2) The parties agree to the terms and conditions set forth in Attachment A,which is incorporated herein,and describes the responsibilities of the parties, including compensation, if any. 3) Each party shall comply with all applicable federal,state and local laws;and rules and regulations on non-discrimination in employment because of race,color,ancestry,national origin,religion,sex, marital status,age,medical condition or handicap. 4) To the extent applicable,the provisions of ORS 279B.220 through ORS 279B.235 and ORS 279C.500 through 279C.870 are incorporated by this reference as though fully set forth. 5) Each party is an independent contractor with regard to each other party(s)and agrees that the performing party has no control over the work and the manner in which it is performed. No party is an agent or employee of any other. 6) No party or its employees is entitled to participate in a pension plan, insurance,bonus,or similar benefits provided by any other party. 7) This Agreement may be terminated,with or without cause and at any time,by a party by providing (30 if not otherwise marked)days written notice of intent to the other party(s). 8) Modifications to this Agreement are valid only if made in writing and signed by all parties. 9) Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act,ORS 30.260 to 30.300,and the Oregon Constitution,each party agrees to hold harmless,defend,and indemnify each other, including its officers,agents,and employees, against all claims,demands, actions and suits(including all attorney fees and costs)arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party. 10) Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement. PAGE 1 OF 2 - INTERGOVERNMENTAL AGREEMENT Rev.4/14/10 11) Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282, for the duration of this Agreement at levels necessary to protect against public body liability as specified in ORS 30.269 through 30.274. 12) Each party agrees to comply with all local, state and federal ordinances, statutes, laws and regulations that are applicable to the services provided under this Agreement. 13) This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section 10 of the Oregon Constitution,and is contingent upon funds being appropriated therefore. 14) This writing is intended both as the fmal expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. WHEREAS,all the aforementioned is hereby agreed upon by the parties and executed by the duly authorized signatures below. Jurisdiction Signature Date Printed Name Title Address: WASHINGTON COUNTY: Signature Date Printed Name Title Address: 155 North First Ave Mail Stop# 5 Hillsboro,OR 97124 PAGE 2 OF 2 - INTERGOVERNMENTAL AGREEMENT Rev.4/14/10 ATTACHMENT A Statement of Work /Schedule/Payment Terms The County's Responsibilities: 1. The County shall coordinate efforts to meet the goals of the State Health Authority's West Nile Virus (WNV)and Zika response plan. 2. The County shall coordinate public education related to matters of public health and human behavior related to vector-borne disease throughout Washington County. 3. The County shall work with state and local health, veterinarian, agricultural,and wildlife organizations to survey and track human,equine, and avian cases of WNV. 4. The County shall alert those subject to this Intergovernmental Agreement of confirmed local mosquito borne disease activity. 5. The County shall employ a Mosquito Control Coordinator to implement an integrated mosquito management plan. 6. The County shall provide larvicide product to the City to treat publicly owned sumped catch basins under city control. 7. The County shall maintain a database of known sumped catch basin and aquatic habitats. 8. The County shall maintain a database mapping complaints, surveillance findings and mosquito control activities. 9. The County shall maintain, design, develop and conduct a regional larval and adult mosquito program that will include representative catch basins, storm water facilities, and natural areas within the County throughout the mosquito season (typically March through October). 10. The County shall maintain registration and follow requirements as an operator for the 2300 A Pesticide General Permit through the Oregon Department of Environmental Quality. 11. The County shall establish mosquito management practices for catch basins (Attachment B) 12. The County shall maintain a Pesticide Discharge Management Plan as required for the 2300A Pesticide General Permit 13. The County shall conduct mosquito surveillance, visual assessments, mosquito control measures and efficacy checks throughout the County 14. The County shall maintain all correspondences relating to agreement CITY RESPONSIBILITIES 1. The City shall utilize and distribute public education materials provided by the County in order to maintain a consistent regional communication strategy, as needed. 2. The City shall actively educate neighborhood associations, community participation organizations and other citizen groups and encourage private property source reduction efforts and other personal behaviors that will reduce risk of exposure. 3. The City shall report dead bird and mosquito complaints that it receives to the County 4. The City shall allow the County to implement an integrated pest management program as needed, for sites under the management of the City. PAGE 1 -ATTACHMENT A— 1/2016 ATTACHMENT A Statement of Work /Schedule/Payment Terms 5. The City shall maintain catch basins and storm water facilities per routine maintenance programs to ensure primary functionality 6. The City shall follow mosquito management practices for catch basins(Attachment B) developed by the County to the level of their routine maintenance program 7. The City shall apply a larvicide to sumped catch basins under their control beginning in May of the calendar year through July 1St during their regular maintenance duties,unless an alternate schedule is agreed upon. For those catch basins the City is not able to apply a larvicide,the City will notify the County of those locations. Not all catch basins must be treated every calendar year. 8. The City shall provide the County with pesticide application records made under this agreement,no later than 14 days after the application has been completed. 9. The City shall maintain pesticide application records in accordance with local, state and federal laws. 10. The City shall apply pesticides for mosquito control in compliance with local, state, and federal laws. 11. The City shall maintain all correspondences relating to agreement. Unless otherwise specified herein, the parties agree that there will be no monetary compensation paid to the other that each shall bear their own costs and that reasonable and beneficial consideration exists to support this agreement. PAGE 2 -ATTACHMENT A— 1/2016 4IN -.N.'"% WASHINGTON COUNTY OREGON Attachment B: Management Practices for Catch Basins Washington County Department of Health and Human Services Public Health Division Environmental Health Mosquito Control Management Practices for Storm Water Catch Basins Created 12-2011 Revised 12-2016 Page 1 Mosquito Control Management Practices for Storm Water Catch Basins Identifying the Mosquito Problem: A catch basin or storm drain is a curbside drain with the sole function of collecting water from streets and transporting it to local waterways through a system of underground piping,culverts and/or drainage ditches. They can also be found in parking lots. In general,regular maintenance activities,including cleaning,of the storm drain system is performed as on-going maintenance. Storm water systems utilizing catch basins are ubiquitous in USA and are known sources of mosquito production in the urban environment(Munstermann and Craig 1976). The principal mosquito species occupying these habitats are Culex species(Kronenwetter-Koepel et al.2005). The mosquito specie,Culex pipiens, is a primary vector of encephalitis in the northern United States. Cx.pipiens can be found in a wide range of larvae habitats but are generally associated with water that has high organic water content. Catch basins and storm drains provide ideal habitat for Cx.pipiens. Catch basins were designed to trap debris and hold a portion of the storm water after a rainfall event. In general,the source of data used to identify the mosquito problem from catch basins will be peer-reviewed studies,historical and/or current mosquito surveillance,and weather data. Action Threshold: In general,environmental conditions will initiate pest management measures for catch basins. Typically, the action threshold is reached when the mean average temperature reaches 50 degrees Fahrenheit. Historically,this is observed during the month of May in Washington County. Overwintering female Culex pipiens emerge during the month of May and begin depositing egg rafts in suitable habitat(Crans.2010). The presence of mosquitoes amongst a sample of catch basins within a treatment area via dipping and/or visual surveillance may also initiate pest management measures. General Location Map: Washington County is located in the Tualatin Valley of western Oregon. The county is bordered on the west and north by the Coast Range,on the south by the Chehalem Mountains and on the north and east by the Tualatin Mountains. In general,mosquito management of storm water catch basins occurs within the Urban Growth Boundary of Washington County(see attachment A) Impaired Water: No impaired waters are within Washington County for pesticide/s to be used in catch basins for larval mosquito control. Only pesticide/s without a potable water use restrictions are to be applied to catch basins in an area where water is supplied from the surface water(see attachment B). Treatment Area: Treatment areas in Washington County are defined geographically by city jurisdictions and there are 16 incorporated cities with the county. An additional treatment area,unincorporated Washington County,is comprised of the area outside the defined city jurisdictions(see attachment C). Although each treatment area differs in size and location,the possible mosquito production sources and species of concern are,in general,universal throughout the pest management area(Washington County). Pest Management: Control conducted in catch basins will follow Washington County's Pesticide Discharge Management Plan, where applicable. Washington County Mosquito Control contracts with multiple regional partners in managing mosquito production in catch basins. Each agency may have differences in their standard operating procedures as it relates to items such as catch basin maintenance,spill response and notification. However,the below table can be used as general guidelines for managing mosquito production in catch basins. Table one outlines pest management measures for catch basins as a comprehensive prevention and control philosophy that utilizes all accessible controls singly or in combination to exploit the known vulnerabilities of mosquitoes in order to reduce their numbers to reasonable levels while maintaining a quality environment. Page 2 Mosquito Control Management Practices for Storm Water Catch Basins Table One:Pest Management Measures for Catch Basins Control Description Applicability Active Surveillance Threshold Application Rate of Measure Ingredient/ Method Method Application Formulation No Action Larvicide Direct outflow basin, NA Larvae NA NA NA Applications rainfall events, dipping, environmental Visual conditions,no permission granted, cost effectiveness,or feasibility may result in no action decision Prevention Education on-going activities for NA NA NA NA NA and Outreach education and training on personal protection measures and mosquito biology Mechanical, Habitat On-going maintenance NA Larvae Presence of catch Conducted on- NA physical Modification (cleaning)of system is dipping, basin going as control done throughout the year. Visual appropriate Filters,screens,and/or pavers may be used but are expensive and require increase maintenance and labor Cultural Habitat On-going maintenance; NA Larva Presence of catch Conducted on- NA Control modification cleaning,de-clogging, dipping, basin going as removing blockages help Visual appropriate reduce flooding outside of catch basin,which can limit the size of potential mosquito habitat Page 3 Mosquito Control Management Practices for Storm Water Catch Basins Control Description Applicability Active Surveillance Threshold Application Rate of Measure Ingredient/ Method Method Application Formulation Biological Introduce No known legal predators NA NA NA NA NA Control predators of mosquito larvae for use in catch basins Larvicide Application All catch basins in Bacillus Larvae Environmental Hand In application of EPA Washington County.Size thuringiensis dipping, conditions and/or accordance approved of catch basins and israelensis; Visual presence of with all larvicides volume(depth)of water Bacillus mosquitoes FIFRA label will vary. sphaericus; instructions Methoprene; Spinosad A variety of pesticides and formulations exist that provide effective control of mosquito larvae. In general,formulations are used in catch basins,which provide efficient control so only one application needs to be conducted each season. Typically,these formulations are applied towards the beginning of the mosquito season(mid-May/June). Size of catch basins and depth of water will vary throughout the treatment areas and throughout the year. Table two estimates the number of public catch basins within each treatment area. Table Two: Estimate Number of Public Catch Basins for Treatment Areas Treatment Area Estimate#of Public Catch Basins Treatment Area Estimate#of Public Catch Basins Banks 95 North Plains 77 Beaverton 2,171 Portland unknown Comelius I,024 Rivergrove unknown Forest Grove 1,638 Sherwood 1,399 Gaston unknown Tigard 3,854 Hillsboro 7,117 Tualatin 670 King City 15 Wilsonville unknown Lake Oswego unknown Unincorporated 5,321 Washington County Page 4 Mosquito Control Management Practices for Storm Water Catch Basins Visual Assessment: All operators covered under this permit must conduct visual assessments of application sites. Visual assessments consist of spot checks in the area in and around where pesticides are applied for possible and observable adverse impacts caused by an application of pesticides subject to the 2300A General Pesticide Permit issued by Oregon Department of Environmental Quality(DEQ). Possible and observable adverse impacts include,but are not limited to,the unanticipated death or distress of non-target organisms,disruption of fish and wildlife habitat. In general,Washington County Mosquito Control Staff will conduct visual assessments of catch basins during and/or after a pesticide application in a treatment area as required by DEQ. Visual assessments are required as follows: a. During the application when considerations for safety and feasibility allow b. During any post-application surveillance or efficacy check that is conducted DEQ does not require efficacy surveillance of pesticide applications however,if they are done,than a visual assessment will take place during that time. Contracting government partners may conduct visual assessments during the application of pesticides when considerations for safety and feasibility allow. Record Keeping: All records must be documented as soon as possible but no later than 14 days following completion of each pesticide application in a treatment area. On or before the 14th day after any pesticide application,a copy of the below information will need to be on file with the operator(Washington County)registered under DEQ. Information for each treatment area to which pesticides are discharged as follows: o Surveillance methods used,dates of surveillance,and findings of surveillance o Target pest(s)and explanation of the need for pest control o Pest or site-specific action thresholds prior to pesticide application o Description of pest management measures implemented prior to the first application o Company name and contact information for pesticide applicator o Pesticide application dates and time of day of application o Description of treatment area,including location and size of treatment area and identification of any waters o Name of each pesticide product used including EPA registration number o Quantity of pesticide applied o Concentration(%)of active ingredient o Effective concentration of active ingredient o Any unusual or unexpected effects identified to non-target organisms o Was a visual assessment conducted?Was it done during or post pesticide application,if not explanation why not o Assessment of environmental conditions relating to proper pesticide use Page 5 Mosquito Control Management Practices for Storm Water Catch Basins Appendix Appendix A:General Location Map Appendix B:Water Quality Map Appendix C:Treatment Area Map Page 6 Mosquito Control Management Practices for Storm Water Catch Basins Appendix A:General Location Map General Location Map Legend ----- County Line Catch Basin Treatment Zone ..___-__, _.-+..._ I L . / ,, E r',,,, ,l- -11--11-i-i The information on this map was derived from several databases and care was taken in its creation. Washington County cannot accept any responsibility for errors,omissions,or positional accuracy. There are no warranties for this product However,notification Created 12 2011 of any errors will be appreciated Catch basins may be treated outside zone Page 7 Mosquito Control Management Practices for Storm Water Catch Basins Appendix B: Surface Water Drinking Water Source Area Map Washington County Drinking Water Source Area Legend for Surface Water Surface Water DWSAs County Line Urban Growth Boundary N -1i tHIL 11111 i nip IQ'sIlibp ifif4 •i Aimipp"-~-4.44Npi The information on this map was derived from several databases and care was taken in its creation. Washington County cannot accept any responsibility for errors,omissions,or positional accuracy. There are no warranties for this product However,notification of any errors will be appreciated. Created 12 2011 Page 8 Mosquito Control Management Practices for Storm Water Catch Basins Appendix C: Pesticide Treatment Area Map Pesticide Treatment Areas Washington County Oregon Legend Treatment Areas NAME -Banks N -Beaverton ` -Cornelius -Durham -Forest Grove d - Gaston -Hillsboro -rdng Cry -Lake Oswego --- ------ =North Ptairs -Portland R'rrergrove Sherwood Tigard -Tualatin -Unincorporated Washington Co -Wilsonville Unincorporated Washington County L Banks North Plain FortHillsboro ,y e Cornelius r Beaverton land — — n 1.. King' am Thai atin'Rivergrove S hfirr1M00 d Vie The information on this map was derived from several databases and care was taken in its creation. Washington County cannot accept any responsibility for errors,omissions,or positional accuracy. There are no warranties for this product However,notification of any errors will be appreciated. Created 12-2011 Page 9 Mosquito Control Management Practices for Storm Water Catch Basins Work Cited Craps,Wayne J.Culex pipiens Linnaeus.Center for Vector Biology.2010. Rutgers University. 12 Dec.2011. < http://www.rci.rutgers.edu/--insects/pip2.htm> Kronenwetter-Koepel TA,Meece JK,Miller CA,Reed KD.2005.Surveillance of above-and below-ground mosquito breeding habitats in a rural Midwestern community:baseline data for larvicidal control measures against West Nile Virus vectors.Clin Med Res 3:3-12 Munstermann LE,Craig GB Jr. 1976.Culex mosquito populations in the catch basins of northern St.Joseph County, Indiana.Proc Indiana Acad Sci 86:246-252 Page e 10