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City Council Packet - 03/07/2017 IIN City of Tigard TIGARD Tigard Business Meeting—Agenda a TIGARD CITY COUNCIL MEETING DATE AND TIME: March 7,2017 - 6:30 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 (1'OD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA 1 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. City of Tigard Tigard Business Meeting—Agenda TIGARD a• TIGARD CITY COUNCIL MEETING DATE AND TIME: March 7,2017 - 6:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 6:30 PM *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. 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: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: 'January 31,2017 •February 7,2017 *February 14,2017 •Consent Aienda-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/City Center DevelopmentAgency has voted on those items which do not need discussion. 4. INFORMATIONAL PUBLIC HEARING- CONSIDER VACATION OF FRIENDLY LANE 6:30 p.m. estimated time 5. INFORMATIONAL PUBLIC HEARING- CONSIDER VACATION OF 76TH AVENUE RIGHT-OF-WAY,VA2016-00002 6:45 p.m. estimated time 6. CONSIDER AN ORDINANCE TO NAME A STREET AT ASH/BURNHAM DEVELOPMENT 7:00 p.m. estimated time 7. CONSIDER ADOPTION OF CITY COUNCIL GOALS 2017-2019 7:05 p.m. estimated time 8. NON AGENDA TT'EMS 9. 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. 10. ADJOURNMENT 7:30 p.m. estimated time AGENDA ITEM NO. 2 B - CITIZEN COMMUNICATION DATE: March 7, 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: / K� Also,please spell your name as it sounds,if it will help the presiding officer pronounce: r Address (356.0 6(4) /tot-- ke-e-- ,6/6' City .✓c1 State O Zip ';'223 2 Zi Phone No. <0 3 1 l ego Name: V A(M t 2 5:4-aS✓l, Also,please spell your name as it ounds,if it will (.: 1 help the presiding officer pronounce: a a Address I 1-61 N W tt• Paw/ City By State p_ Zip 9-9-0 0 9 Phone No. Name: P00/t Also, spell e ease s p lyour name as it sounds,if it will help the presiding officer pronounce: a 'k Address 1 S s SS a`� v R04.4 (AP-S, City L wk e, (.) (A State R- Zip Phone No. CITIZEN COMMUNICATION I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication 170214.doc V AGENDA ITEM NO. 2 B - CITIZEN COMMUNICATION DATE: March 7, 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 Ott( Please Print CONTACTED O Name: tt(c, i" Also,please spell your name as it sounds,if it will t f-sw help the presiding officer pronounce: Address kk C2qS On2e.1\02t-- City t-Jk.w11 State C5-(4 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. _ 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 I:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignup\citizen communication 170214.doc AIS-3045 3. A. Business Meeting One Meeting Date: 03/07/2017 Length (in minutes): Consent Item Agenda Title: Approve City Council Meeting Minutes Submitted By: Kelly Burgoyne, 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: •January 31, 2017 •February 7, 2017 •February 14, 2017 OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments January 31,2017 Minutes February 7,2017 Minutes February 14,2017 Minutes '' City of Tigard Tigard City Council Special Meeting Agenda TIGARD January 31, 2017 1. BUSINESS MEETING A. At 8:17 p.m. Mayor Cook called the Tigard City Council special meeting to order. B. City Recorder Krager called the roll. Present Absent Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ 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 -None. Mayor Cook said the two ballot titles will be discussed together and voted on separately. 2. REVIEW BALLOT MEASURE TITLE FOR CITY CENTER URBAN RENEWAL PLAN SUBSTANTIAL AMENDMENT Redevelopment Project Manager Farrelly gave the staff report on substantial amendment to the urban renewal plan. The proposal will expand the district by seven properties, adding a total of 37.7 acres to the existing urban renewal district. The latest draft before council has been reviewed by the city attorney and includes Councilor Goodhouse's comments with the exception that the words, "tax increment revenue" are still there. Council President Snider asked why and Redevelopment Project Manager Farrelly said that is what urban renewal is about and the City Charter makes reference to having to approve tax increment. Mayor Cook noted that the tax increment reference does not appear until the second to last paragraph. Council President Snider said the problem is that 95 percent of the public does not know what it means. Mayor Cook asked if the ballot title could read,"Due to a downturn in the economy,urban renewal district revenues are less than projected." City Attorney Rihala said there is more wiggle room in this ballot title than the Tigard Triangle ballot title. She said tax increment TIGARD CITY COUNCIL MEETING MINUTES —January 31, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 4 revenues tells what they are and this is the most transparent way to describe them but using the word revenues was satisfactory. Councilor Goodhouse suggested the sentence, "As a result of the economic downturn the urban renewal project did not accomplish the projected projects." He said the word taxes may make people think there will be new taxes rather than understanding what it is. Mayor Cook noted that this could be explained in the narrative which can be reached through the link. Mayor Cook noted that the words, "funding comes from capturing increased property taxes from new development,"while accurate for the urban renewal district makes it sound like there would be increased property taxes. City Manager Wine asked if the word"increased"is necessary and the consensus was that the word"increased"will be removed. Councilor Woodard said he did not want to change much except the titles. He suggested both captions say they require no new taxes. He also asked if the sentence, "The plan amendment would not increase the approved$22 million cap for the plan and would not impose new taxes," could be placed at the bottom of the first paragraph. Council President Snider said if he learned anything from the recent failed gas tax measure is that what council puts on the ballot does not make sense to most people. This is an attempt to make complex city jargon into language normal voters would understand. City Attorney Rihala said she recognizes that but will go back and look at adding two dashes and the words, "Requires No New Taxes" to the caption. She has not seen this in a caption previously. City Manager Wine noted that two years ago the city put a very technical urban renewal amendment on the ballot and voters were able to understand it. She recommended sensitivity because Tigard voters have been able to understand what goes on in an urban renewal district. Councilor Goodhouse said people did not understand the gas tax ballot title even though council thought it was simple. Mayor Cook said he heard tonight at the council outreach event that the gas tax wording was too complicated. City Attorney Rihala will send a new draft to council and staff by the end of the week. 3. REVIEW BALLOT MEASURE TITLE FOR TIGARD TRIANGLE URBAN RENEWAL PLAN Senior Planner Shanks gave the staff report on this item. She said this measure implements a new urban renewal area so it is worded differently. This draft was jointly vetted by the city attorney and bond counsel. There are a few sentences that were complicated. The tax increment financing is highlighted in the question and is also mentioned in the summary with the information about no new taxes. She said there needs to be a discussion on the draft copy with Councilor Goodhouse's comments in the highlighted segment. He recommended that tax increment financing language be removed and added to the explanatory statement. City Attorney Rihala said she is not a fan of the words tax increment financing but the City Charter says if the city is going to use urban renewal, and TIGARD CITY COUNCIL MEETING MINUTES —January 31, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 2 of 4 TIF will be a component of it,voters have to approve the tax increment financing. Our bond counsel felt strongly in being as explicit as possible that this is what that authorization is for. Councilor Goodhouse asked if it has to be part of the question. Council President Snider argued that council has a job to educate the public and that is more important to them than bond counsel's opinion. Senior Planner Shanks said due to citizen outreach funding provided by a grant there is money for consultant expertise that focuses on education. While she is also not a fan of the words tax increment financing,the materials focus on educating the public on what this means. She said the city has opportunities to reach out and is preparing an educational video and other website material and creating communication opportunities to reach groups of people. Mayor Cook said every time the city puts forward a ballot title, our attorneys have stated that the three sections (caption, question and summary) comprise the title. He said it should not matter where in the title the words are if it is all part of the title. City Attorney Rihala said she thought it was all right to take tax increment out of the question but somewhere in the ballot title it needs to say that the city is asking people to approve tax increment financing. The bond counsel is concerned the voters need to know what they are approving and this is the language that allows the city to bond later on. Mayor Cook commented that it would be there but not in the front. Mayor Cook said there are people in the city who do not know where the Tigard Triangle is. Council President Snider suggested adding to the question next to the word Triangle, "the area between 99W,217 and I-5."There was a question about I-5 being one word and City Attorney Rihala said as long as there is not a hyphen it is one word. In the summary,Mayor Cook suggested taking out,"no new taxes would be imposed"because it sounds like taxes are imposed. This sentence will be removed. He also requested removal of the word"increased"between the words capturing and taxes. He concurred that the area marked in grey on the draft could come out. Senior Planner Shanks mentioned that she attached a statistically-valid survey to the agenda item summary that was designed to help with development of the ballot title and an education campaign. On page 11 she pointed out that people read a long statement and their response was positive. A quick statement got a positive support at 70 percent but the long statement was 54 percent of a sample size of 300 Tigard voters. City Manager Wine said to add, "Tax increment financing does this by giving a portion of the taxes collected from within the area to the urban renewal agency to fix specific problems in the area." Mayor Cook said he liked that statement. Redevelopment Project Manager Farrelly suggested saying tax increment financing funding comes from capturing property taxes from new development and increased property values in the urban renewal area. Council President Snider asked about the words multi-modal and the consensus was to remove that phrase. Mayor Cook suggested bullet on small business support be removed. There was some confusion over versions being reviewed and Senior Planner Shanks clarified the correct wording. TIGARD CITY COUNCIL MEETING MINUTES —January 31, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 4 Mr. Farrelly suggested using verbs such as walking and bicycling. Council President Snider suggested that be combined in bullet point two. Bullet points agreed on were: • Red Rock Creek restoration, focusing on water quality and public access • New streets and sidewalks, focusing on safe walking and cycling • Major sewer repairs to address public health • Intersection improvements, focusing on traffic congestion • New trails and parks Senior Planner Shanks said there is a link to the plan and she asked City Attorney Rihala if there could be a link to the video. Councilor Goodhouse requested shorter link names. City Attorney Rihala said the video is being vetted by the Secretary of State's office and if safe harbor is given it can be accessed through a link. Council President Snider asked if the county elections office allows QR codes which would eliminate the need to type in any link. City Attorney Rihala said she will find out. City Attorney Rihala will send out an email to council with the new language by the end of the week. 4. NON AGENDA ITEMS None. • EXECUTIVE SESSION: None scheduled. 5. ADJOURNMENT At 9:04 p.m. Council President Snider moved for adjournment. Councilor Goodhouse seconded the motion and all voted in favor. Yes No Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Councilor Woodard ✓ Carol A. Krager, City Recorder Attest: John L. Cook, Mayor Date TIGARD CITY COUNCIL MEETING MINUTES —January 31, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 4 City ofTigard Tigard City Council Meeting Minutes TIGARD February 7, 2017 1. BUSINESS MEETING 6:30 p.m. A. At 6:36 p.m. Mayor Cook called the meeting to order. B. Deputy City Recorder Burgoyne called the roll. Name Present Absent Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ C. Mayor Cook asked the audience to stand for the pledge of allegiance. D. Call to Council and Staff for Non-Agenda Items—None. 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None. B. Mayor Cook called on people who signed up to speak. Neil Brown, 13853 SW Boxelder Street,Tigard, OR 97223, discussed the property for sale on Gaarde Street,passed out a map and pamphlet of related material, talked about SDC fees and how they relate to parks, commercial and residential development. He discussed the Park System Master Plan and how there were missing parks in the master plan. Tom Kerrigan, 12945 SW Ridgefield,Tigard, OR 97223 said that Neil Brown spoke for both of them and agreed with what he said. TIGARD CITY COUNCIL MEETING MINUTES — February 7, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 1 of 14 3. CONSENT AGENDA A. APPROVE CITY COUNCIL MEETING MINUTES • December 20,2016 • January 24,2017 B. CITY CEN l'ER DEVELOPMENT AGENCY RECEIVE AND FILE URBAN RENEWAL PLAN ORDINANCES C. APPROVE THE CHANGE IN BUDGET COMMI FILE MEMBERS RESOLUTION NO. 17-03 A RESOLUTION APPOINTING RAJENDRA PATEL AS AN ALTERNATE MEMBER AND WILLIAM LUDWIG AS A VOTING MEMBER OF THE FY 2017-2018 BUDGET COMMITTEE Mayor Cook called for a motion to adopt the consent agenda. Council President Snider motioned to approve the consent agenda and Councilor Goodhouse seconded the motion. Name Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook announced that the consent agenda passed unanimously. 4. JOINT MEETING WITH CITY CENTER ADVISORY COMMI FI LE Redevelopment Project Manager Farrelly facilitated the joint meeting with the City Center Advisory Committee,explained the interactive story-map located on the city's website which explains the progress and accomplishments in the Downtown Urban Renewal area. Members of the City Center Advisory Committee (CCAC) present included: Chair Carine Andres,Kate Rogers and Richard Shavey. CCAC Chair Andres introduced herself,gave the days and time of their meetings,encouraged the public to attend and talked about her background and interests. CCAC Member Rogers introduced herself and provided council with her background and interests. CCAC Member Shavey introduced himself. TIGARD CITY COUNCIL MEETING MINUTES —February 7, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 2 of 14 CCAC Chair Andres talked about CCAC's 2016 recommendations, specifically the top three recommendations the CCAC believes are achievable and utilize staff and programs in the downtown area: • Walkable downtown and Street improvements -Furnish streets with streetscape improvements make this a great place to walk.A national expert showed that downtown is a good walkable area. CCAC would like to have more walking experiences downtown and recreation programming that is family friendly. • How to make downtown better for business owners —Discuss ideas for shared parking agreements,marketing and improvement districts to help pay for some of these things. This will require buy-in from business owners. • Parking—Add parking signage,improvement programs,lighting to signs to make signage more visible,and put parking and people together. Council President Snider said he is hearing more parking comments at outreach events specifically to the downtown area. The perception is that there is less parking. Councilor Goodhouse thinks the future changes are more of a need for parking on weekends. He has also heard a lot of talk about parking. Councilor Woodard said people feel downtown isn't an area for handicap parking or those with a lack of good mobility. Mayor Cook concurred with signage and said it's good to have two-way signage and that adding a public parking sign is a good idea. CCAC Chair Andres said the idea is to have signage for customer parking and for businesses that would direct them to the appropriate parking area. CCAC Member Shavey said that signage is the main issue and that there is opportunity along Tigard Street. Council President Snider talked about the parking situations in other jurisdictions in areas without off-street parking and how they handle signage. Redevelopment Project Manager Farrelly said they took away no-parking signs and added more parking spaces. Mayor Cook said the city should not over-regulate businesses and should just show them how they may utilize opportunities;that it's up to the business owners to work some of these issues out. Councilor Woodard said he has heard that business owners feel that nobody looks after them. CCAC Member Rogers discussed the 2017 Goals and key projects: TIGARD CITY COUNCIL MEETING MINUTES —February 7, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 3 of 14 • Support of Urban Renewal Agency infrastructure and development projects. The CCAC wants to take a hands on approach and the goal is to monitor,review and provide input on the key projects. • Monitor mid and long-term planning projects and highlight how those impact affordable housing projects. • Invite the Downtown Affiance to CCAC meetings to promote inclusive communication, identify liaisons and their role. • Focus on walkability and how parking is a big part of walkability and develop policy and recommendations for a plan. Mayor Cook said he likes the focus of walkability and having access to trails along with signage. He would like the City Center Advisory Committee to let other groups know what CCAC would like to see from their committees. Councilor Woodard said the Tiedeman site has a lot of parking opportunities. Councilor Anderson asked if they have considered talking to Tualatin businesses and other surrounding communities about possibly relocating their business to Tigard. Mayor Cook talked about last year's walk and talk program. Mr. Farrelly talked about the walk and talk program and said the best way to recruit is to discuss incentive programs. Mayor Cook said adding the walk and talk program back is a good fifth goal for the CCAC to focus on. 5. APPOINT PLANNING COMMISSION MEMBER Assistant Community Development Director McGuire gave the report on this item and explained that due to the resignation of Planning Commissioner Jelenik there was an opening that needed to be filled. Council President Snider motioned to approve Resolution No. 17-04 and Councilor Goodhouse seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. A RESOLUTION APPOINTING NATHAN C.JACKSON AS A VOTING MEMBER OF THE TIGARD PLANNING COMMISSION TO FILL FORMER COMMISSIONER JELINEK'S UNEXPIRED TERM. TIGARD CITY COUNCIL MEETING MINUTES — February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 4 of 14 Name Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook announced Resolution No. 17-04 passed by a unanimous vote of council. 6. REFER BALLOT MEASURE TO VOTERS FOR TIGARD TRIANGLE URBAN RENEWAL PLAN Senior Planner Shanks gave the staff report on this item. Council President Snider said he would like to see the first letter in each of the words "requires no new taxes" on both ballot measures capitalized. Councilor Goodhouse agreed with Council President Snider. Mayor Cook confirmed the word count for the summary with the city attorney and then asked to add a hyphen between the letter I and the number five (I-5). Councilor Woodard motioned to approve Resolution No. 17-05 as amended and Council President Snider seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. A RESOLUTION APPROVING REFERRAL TO THE ELECTORS OF THE CITY OF TIGARD AT THE MAY 16, 2017 ELECTION,THE QUESTION OF WHETHER TO IMPLEMENT AN URBAN RENEWAL PLAN, INCLUDING THE USE OF TAX INCREMENT FINANCING, FOR THE TIGARD TRIANGLE AS AMENDED Name Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook announced Resolution No. 17-05 passed by a unanimous vote of council. 7. REFER THE SUBSTANTIAL AMENDMENT TO THE CITY CEN 1'LR URBAN RENEWAL PLAN TO THE VOTERS Redevelopment Project Manager Farrelly gave the staff report on this item and said staff would make the same change of capitalising the first letter of each word as stated in the previous item. TIGARD CITY COUNCIL MEETING MINUTES —February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 5 of 14 Councilor Goodhouse requested the three commas and the word "and" be removed from the bulleted points located in the summary section. Council agreed. Councilor Goodhouse motioned to approve Resolution No. 17-06 as amended and Council President Snider seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. A RESOLUTION APPROVING REFERRAL TO THE ELECTORS OF THE CITY OF TIGARD AT THE MAY 16, 2017 SPECIAL ELECTION,THE QUESTION OF WHETHER TO AMEND THE CITY CENTER URBAN RENEWAL PLAN BY EXPANDING THE SIZE OF THE URBAN RENEWAL PLAN AS AMENDED Name Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook announced Resolution No. 17-06 passed by a unanimous vote of council. 8. QUASI-JUDICIAL PUBLIC HEARING—APPEAL: TRIANGLE MEDICAL OFFICE BUILDING AT 72ND AVENUE AND DARTMOUTH Mayor Cook opened the public hearing. City Attorney Rihala read the hearing procedures into the record. Mayor Cook asked if any council member has a conflict of interest or ex parte contact to disclose. Councilor Goodhouse said he had driven by the property. Mayor Cook said he had as well. Mayor Cook asked those in attendance if there were any challenges. There were none. Associate Planner Pagenstecher gave the staff report,went over the material that was delivered to council, supplemental findings and applicant's testimony that was submitted earlier. Council President Snider asked for clarification on who the applicant is and who the appellant is. Mr. Pagenstecher explained the applicant is the original land use applicant and the appellant is the individual who appealed the final findings of the land-use application. Associate Planner Pagenstecher gave background on the site,referred to the vicinity map and explained the purpose of the appeal is to further condition the Planning Commission's Final Findings to include specific access alignment for a future extension along Elmhurst Street west of 72nd that would add value to the appellant's property and add costs to the applicant. The basis of the appeal is compliance with Code TIGARD CITY COUNCIL MEETING MINUTES — February 7, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 14 Section 18.620.020, street connectivity in the Tigard Triangle,which requires that local streets shall provide street connections. Mr. Pagenstecher further explained code requirements,topography of the site,that the extension off Elmhurst is exempt due to the Walmart development,and in lieu of public street between Walmart and the applicant,additional connectivity is met through the proposed and anticipated parking lots. In summary,he said staff finds that the connectivity standards have been met. Mayor Cook asked staff to go further into detail regarding the standard requirements. Mr. Pagenstecher said there are limitations on connectivity within the code today,and the Tigard Triangle and Strategic Plan do show for future streets that are desirable for connectivity,which would include 74th Street across from the Walmart property from Dartmouth Street going to Hermosa Way,and the extension of Elmhurst Street. Councilor Woodard asked if Elmhurst Street is designed now for the ease of circulation for safety emergency vehicles and for future development. Mayor Cook asked about the additional findings that were submitted earlier that show a curved 74th Street in the Tigard Triangle Plan as well as Elmhurst extending at 72"a Street to 74th Street,and if this provided for future connectivity. Mr. Pagenstecher confirmed this to be correct. Council President Snider asked why the Walmart development wasn't conditioned. Mr.Pagenstecher said it was never planned to have connectivity because this development was approved prior to the Tigard Triangle Strategic Plan. Councilor Anderson asked if the road isn't approved now,would it be eventually,and if it doesn't would that be due to the slope in the topography,meaning it would not meet city standards. Mr. Pagenstecher discussed the topography and the slope requirements. He said the downward topography is more challenging,but that it is not precluded. Council President Snider asked if that meets the proportional impact and if in an alternate universe it was precluded to be the opposite,would it be defensible. Mr.Pagenstecher said yes,that it would be roughly proportional and that it is a significant investment. He said public facility improvements on the project were completed and that the other sides do not include public improvements,so there could be significant funds available before reaching a rough proportionality. Councilor Woodard asked if exhibit five of the appellant's exhibits showed a possible solution for a through road. Mr.Pagenstecher said it doesn't meet the road width requirement of 60 feet because the road width in this area is only 30 feet,and additionally the radiuses are too small. Mayor Cook called the appellant up to testify. William Kabeiseman,Attorney with Bateman Seidel, 888 SW 5th Avenue,Portland,OR 97204,representing appellant Gordon R.Martin,Trustee of Tri-County Center Trust,distributed a map and said Mr. Martin struggled with filing the appeal since he wants to see the area developed. Mr. Kabeiseman explained there are narrow issues that need to be resolved and that city code requires connectivity at this location. He talked about the recently adopted Urban Renewal Plan and how the Tigard Triangle Strategic Plan shows TIGARD CITY COUNCIL MEETING MINUTES — February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 7 of 14 how to connect Elmhurst Street. He talked about the topography,the slope and design,and how the connectivity would provide traffic related benefits,as well as a connection on 74th Street;including adding store frontage benefits to the applicant. Mr. Kabeiseman referred to staffs memo regarding the code revision and the applicant's new arguments that were submitted earlier in response to the appeal. He discussed the different options in their handout that show the basic location of connectivity and how it can be done and avoids additional development while complying with the Tigard Triangle Strategic Plan. He read sections of the city code as it related to street connectivity provisions and how they could be met,as well as city code that specifically applies to the Tigard Triangle Strategic Plan. Mr. Kabeiseman discussed the topography and grading of the property,the pre-existing Walmart development,page two of the engineering analysis where it references the required sixty-foot wide right-of-way and how the engineering standards are not the barrier the applicant makes them to be. He said council needs to ask themselves what the right thing to do is and they need to look to the Urban Renewal Plan and the Tigard Triangle Strategic Plan. Councilor Goodhouse asked about the layout of the land and how and where it slopes. Mr. Kabeiseman explained the slope is to the northwest,so coming straight across,the slope gets steep really quickly. He said by taking the turn,it will even out the contour of the slope,therefore lessening the slope. Mayor Cooked called the applicant up to testify. Dana Krawczuk,Perkins Coie, 1120 NW Couch 97209,Land-Use Council for the applicant,introduced applicant Brian Bennet,Base Camp,members from Compass Oncology,AKS Engineering and the architect. Ms.Krawczuk reminded council that this was not a legislative hearing,but a quasi-judicial hearing,and as such,council was wearing their judge hat and are tasked with interpreting the code based on the required approval criteria. She said in this particular application,the code and adopted street plan within the code are applicable to this application,but that the Tigard Triangle Strategic Plan is not applicable because it came after the application was submitted. She said that while it's an interesting discussion,it is not a discussion for a quasi-judicial proceeding,and therefore,based on this application with these dimensional street connectivity standards,connectivity is not required,with a variance or otherwise. Ms. Krawczuk explained the applicant voluntarily went further and conceptualized how if they were to extend Elmhurst,where would it go,while it's not relevant to the approval criteria,it is good planning and it does not cross the applicant's property. She said that they disagree with the proportionality and stated that this site already contributes to Dartmouth Street. She gave a presentation of the site and talked further about code requirements and what is applicable to this application. There were no further questions from council. There was no public testimony. There was no response by staff. Mayor Cook called the appellant back up for rebuttal to testimony. TIGARD CITY COUNCIL MEETING MINUTES—February 7, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 8 of 14 Bill Kabeiseman,Attorney representing the appellant,agreed this is a quasi-judicial proceeding,but that the applicant carries the burden of showing they've met the required approval criteria and they believe the applicant has not. Mr. Kabeiseman discussed the Lean Code,approval criteria and how connectivity is required. He asked if council is serious about the Urban Renewal Plan and the Tigard Triangle Strategic Plan. Mayor Cook called the applicant back up for rebuttal to testimony. Dana Krawczuk,Attorney representing the applicant,said the rules and criteria are what they are when someone files an application,and you can't pick and choose which approval criteria to apply and not to apply;state law doesn't provide for that. She said connectivity will likely occur,but a road isn't required and cannot go across the applicant's property. She requested council approve the application and deny the appeal. Mimi Doukas,AKS Engineering, 12965 SE Herman Road,Tualatin,OR 97602,said the applicant does meet the connectivity standard with the included pedestrian connection,and it was a very intentional addition to the application and is along the shared property line with the Martin Property. In addition they have the connectivity easement that is required in the conditions of approval in the parking lot for future development. Mayor Cook closed the public hearing. Council President Snider said this is a more organized quasi-judicial proceeding and the applicant and appellant agree on many issues,but asked the city attorney which approval criteria apply and why. City Attorney Shelby said the approval criteria is what she reads in the beginning of the hearing and they are sections 18.810 and 18.620; the Strategic Plan does not apply, only the adopted code sections or relevant laws in existence at the time application was filed. Council President Snider asked for further clarification regarding staff's statement that no connection is required on Elmhurst. He said earlier there was a statement made that if there was a connection on Elmhurst it could go through the appellant's property,though there is a 14.56 percent grade. He asked if the city attorney or staff had anything to add about this. City Attorney Rihala said that ultimately this will be something council needs to make findings on,but in looking at 18.620.020(A.1),"the standard of local streets spacing shall provide for public street connections at intervals of no more than 660 feet",and her interpretation of this asks the question;does this development preclude such spacing where such a connection is needed at this spacing? It doesn't say,is it reasonable,is it a good idea,is it the best idea;it says that there has to be that connection available or not precluded. Council President Snider asked that if the grading was 15.02 percent would they make a different conclusion. Ms. Rihala replied yes,because the code says 15 percent. Mayor Cook asked the city attorney to clarify the May 1, 1995 date that was discussed earlier by Mr. Kabeiseman. City Attorney Rihala said she didn't have history on that proceeding. Mr. Kabeisman gave the TIGARD CITY COUNCIL MEETING MINUTES—February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 9 of 14 citation again for this—18.810.308(h). Ms. Rihala again stated she doesn't have history on this and why this date is picked and what the significance of the date is,but she does agree with the rating that it is pre- existing conditions which are determined whether or not the criteria is met. Council President Snider asked for darification on how this adjusts the council's evaluation of this application. Ms. Rihala responded that 18.810 focuses on what is considered topographically strain,and what prevents that future connection,whereas, 18.620 just states that it shall be provided. You can read the two concurrently,that 18.620 says "is it possible that it will be able to be built there and 18.810 discusses in more detail what those barriers are and would they preclude the development. She said this is focusing on man-made type restrictions on that development;the environmental conditions will always be what they are regardless of when they went into effect. Council President Snider asked if the city attorney agreed that the Triangle Code does not apply. City Attorney Rihala said that the Triangle District 20 does apply,but the Triangle's Strategic Plan does not apply. Mr. Pagenstecher interjected and stated that the applicant has asked for the record to be re-opened to reply. Mayor Cook asked the city attorney for clarification of the plan that does apply and asked what plan was passed by council earlier this evening. Council President Snider said that nothing can apply that wasn't passed prior to the application being filed. Ms. Rihala confirmed that is correct,and it was the Urban Renewal Plan that was passed earlier this evening and it is not relevant criteria for this application. Council President Snider asked what the distance is from Elmhurst to 72nd Avenue. Mr. Pagenstecher replied it is thirty feet. Councilor Woodard asked if it is it up to this particular development to bear the burden of a road. Mayor Cook asked the city attorney if at some point the city could condemn and purchase a corner of this area and require a road here as well. City Attorney Rihala replied,yes,that there's no reason not to,or even form an LID. Mayor Cook said that it isn't something that has to be done now,but could be done in the future. Councilor Goodhouse said since this a quasi-judicial proceeding,they need to determine whether or not the application fits the code or not and he is ready to move forward on this. Councilor Anderson said the burden of the road shouldn't fall on the applicant.Elmhurst is far enough down that it would go across the appellant's property. It's a good design,there is vehicular and pedestrian access through the parking lot and he would approve the resolution as it stands. Council President Snider motioned to approve Resolution No. 17-07 and Councilor Anderson seconded the motion. Mayor Cook conducted a vote and the motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES — February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 10 of 14 A RESOLUTION AND FINAL ORDER DENYING THE APPEAL OF THE PLANNING COMMISSION'S FINAL ORDER NO. 2016-11 APPROVING THE TIGARD TRIANGLE MEDICAL OFFICE BUILDING (PLANNED DEVELOPMENT REVIEW (PDR) 2016-00011 / SITE DEVELOPMENT REVIEW (SDR) 2016-00007) AND ADOPTING FINDINGS Name Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook announced Resolution No. 17-07 passed unanimously. Mayor Cook commented that he appreciates the fact that this meets the Strategic Plan by allowing a bike and pedestrian connection,which was not in the original application. He explained council received a lot of information today about this and it's really hard for a council to receive additional information right before the meeting on quasi-judicial matters,and asked if there is any way to cut-off submittal of new information to before actual gaveling of the meeting time. City Attorney Rihala said the city attorney's office and staff are looking at this very thing as part of the procedural cut-off date. 9. CONSIDER DEVELOPMENT AGREEMENT FOR HUNZIKER INFRAS 1'KUCTURE Economic Development Manager Purdy gave the staff report on this item and said representatives Bill Bach and Steve Wells with Trammell Crow were in attendance. Council President Snider said he is excited they've made it to this point and appreciates the creativity. Mayor Cook said council is excited about moving forward and talked about the grants the city has received for this project. Steve Wells,Trammell Crow, thanked Mr. Purdy and said they are very excited about the project. Councilor Anderson said this is a good contract. Councilor Woodard thanked Mr. Purdy for the provision. Councilor Goodhouse motioned to authorize the City Manager to sign the development agreement for Hunziker Infrastructure and Councilor Anderson seconded the motion. Motion passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES — February 7, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 11 of 14 Name Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook asked Mr.Purdy to explain the recent Regional Flexible Funds Allocation(RFFA) Grant award from Metro. Mr. Purdy said that late last week,Tigard was awarded a$1.7 million RFFA Grant from Metro for the second phase of the project to connect to Tech Center Drive,and that Tigard was highly ranked and one of only four who were awarded funding. 10. CONSIDER TIGARD STREET HERITAGE TRAIL: CONNECTOREGONVI IGA WITH ODOT Economic Development Manager Purdy gave the staff report on this item and explained what the funding will be used for. He said the estimated total project is $1.3 million and explained where the funds would be coming from. Construction window is 2018. Mayor Cook asked about Exhibit A in the project description,what the money can be used for,and to define what site furnishings are. Mr. Purdy said they are working on a matrix for just that and working with ConnectOregon to get clarity on what qualifies as site furnishings. He said some examples like,garden stands,bike racks, signage and benches are clear cut,but others are not. Council President Snider motioned to authorize the City Manager to sign the grant agreement with ODOT for the Connect ORVI Tigard Street Heritage Trail and Councilor Goodhouse seconded the motion. Motion passed unanimously. Name Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ 11. CONTINUATION OF LEGISLATIVE PUBLIC HEARING TO CONSIDER AMENDMENT TO TMC 15.06.020 PERMITTING FRANCHISE AGREEMENTS WITH SPECIAL&COUNTY DISTRICTS Mayor Cook opened public hearing. Finance and Information Services Director LaFrance gave the staff report and explained this was a continuation from the January 10 meeting. He said Clean Water Services provided comments earlier in the TIGARD CITY COUNCIL MEETING MINUTES —February 7, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov I Page 12 of 14 evening that were provided to council,but that Tualatin Valley Water District did decline to provide comments. Council President Snider was under the impression that they were going to have some kind of meeting of the minds with some of the partner agencies. Mr. LaFrance said this has been happening over the course of several months. Council President Snider said he is surprised that the letter from Clean Water Services provided a comment late in the day that does not seem to be very partner friendly. City Manager Wine said there has been discussion between all of the cities that are partners to the intergovernmental agreement that has been running concurrent with the cities proposed changes to the ordinance. She explained there is a hearing scheduled in a few weeks for amendments to this intergovernmental agreement,and that what Clean Water says in their letter is true, that we hope to be able to reach an agreement on the amendments of the intergovernmental agreement that will help to clarify the IGA and what abilities cities will have to charge franchises and what that will look like. But,regardless, the city still has to change the ordinance. Staff understands Clean Water Services comments in the letter and hope the IGA amendments come in the next few weeks and will resolve any questions. She said, currently there is no agreement,however, talks are happening. Council President Snider asked if staff didn't have any other concerns with other comments in the letter to be compelling. Mr. LaFrance explained they've been in discussion with the city's franchise attorney and it is the franchise attorney that had drafted the language in the ordinance before council tonight. Mayor Cook asked if there was anyone from the public who wanted to testify. There was none. Mayor Cook closed the public hearing. Councilor Woodard motioned to approve Ordinance No. 17-02 and Council President Snider seconded the motion. Deputy City Recorder Burgoyne conducted a vote and the motion passed unanimously. AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 15.06 "FRANCHISED UTILITY ORDINANCE"TO UPDATE THE DEFINITION OF "PERSON"AND CLARIFY UTILITY RELOCATION REQUIREMENTS Name Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Mayor Cook announced Ordinance No. 17-02 passed unanimously. TIGARD CITY COUNCIL MEETING MINUTES— February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 13 of 14 12. EXECUTIVE SESSION At 9:06 p.m. Mayor Cook read the citation for an Executive Session to discuss real property negotiations under ORS 192.660(2)(e). He said the Tigard City Council will adjourn from the Red Rock Conference Room. The Executive Session concluded at 9:27 p.m. 13. ADJOURNMENT Council President Snider motioned to adjourn the meeting at 9:27 p.m. and Councilor Goodhouse seconded. Motion passed unanimously. Name Yes No Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ Council President Snider ✓ Kelly Burgoyne,Deputy City Recorder Attest: John Cook,Mayor Date: TIGARD CITY COUNCIL MEETING MINUTES — February 7, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 www.tigard-or.gov 1 Page 14 of 14 114 City of Tigard • Tigard City Council Meeting Minutes TIGARD February 14, 2017 e e STUDY SESSION Council Present: Council President Snider, Councilor Woodard, Councilor Anderson and Councilor Goodhouse. City Manager Wine introduced Madison Thesing, an ELGL (Engaging Local Government Leaders) fellow who will be working between the cities of Tigard and Tualatin for the next few months. COUNCIL LIAISON REPORTS Councilor Anderson attended the Regional Water Providers Consortium budget meeting. There are 9 new members out of 20 so part of the meeting was spent providing background. Tigard's bill rose from$30,000 to$32,000. Metro backed out of their financial contribution because they are not actually a water provider. He explained that there needs to be outreach for conservation and emergency management and much of this was accomplished with the help of Channel 8 News. The cost is less expensive when spread among all members. He noted that he also attended the Park and Recreation Board and Planning Commission meetings. Council President Snider reported on water discussions held with Durham and the Tigard Water District. He said all parties are in agreement now and a framework is ready for the attorneys to look at and then they will review it as a group. Councilor Goodhouse attended the SW Corridor Project Kickoff at the Tigard Public Library on February 2. He found it informative but noted that several people he spoke with had questions and do not understand the ballot measure process. He said many attendees are interested in staying informed and left their email addresses so they can be contacted about future outreach. Councilor Goodhouse attended the Willamette River Water Coalition meeting and said the number Tigard will need to pay into the partnership is $900,000 and this is due by the end of the year. He said Utility Manager Goodrich will be updating council. RECEIVE METRO UPDATE FROM COUNCILOR DIRKSEN Metro Councilor Dirksen gave a slide presentation updating council on Metro activities. A Metro website feature called Regional Snapshot highlights various topics and he noted that the latest one is about brownfields. He distributed a handout on brownfields and another on Metro's legislative priorities. TIGARD CITY COUNCIL MEETING MINUTES — February 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 1 of 12 Councilor Dirksen said JPACT approved funds for the Hunziker Street project. He talked about Metro's legislative agenda and mentioned he will be at the legislature promoting a statewide transportation funding bill. He will also ask for help to fund design and construction of the SW Corridor light rail project using lottery funds. In response to a question from City Manager Wine on urban growth boundary (UGB) expansion he said Metro has written a bill to get small UGB additions out of the cycle for faster approval when local jurisdictions need immediate action. He said that the more prepared a city is with a concept plan and details, the more likely their small UGB expansion would be considered. Councilor Dirksen discussed Metro's equitable housing efforts and said Metro has funding primarily for housing planning. Tigard has received grant money for downtown improvements (Nicoli property) and for a study on how to replace affordable housing that could potentially be displaced by the SW Corridor alignment. Administrative Item: City Manager Wine said the city did not receive CDBG (Community Development Block Grant) funding for Bagan Park. 1. BUSINESS MEETING A. At 7:37 p.m. Council President Snider called the City Council and Local Contract Review Board to order. B. City Recorder Krager called the roll. Present Absent Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook ✓ Councilor Goodhouse ✓ C. Council President Snider asked everyone to stand and join him in the Pledge of Allegiance. D. Call to Council and Staff for Non-Agenda Items—None 2. CITIZEN COMMUNICATION A. Follow-up to Previous Citizen Communication—None B. Citizen Communication—Sign-up Sheet. There was no citizen communication. 3. CONSENT AGENDA: (Tigard City Council) TIGARD CITY COUNCIL MEETING MINUTES — February 14, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 2 of 12 A. APPROVE CITY COUNCIL MEETING MINUTES • December 6,2016 • January 3,2017 Councilor Woodard moved for approval of the Consent Agenda as presented and Councilor Goodhouse seconded the motion. The motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ 4. CONSIDER RESOLUTION INITIATING STREET VACATION PROCEEDINGS FOR SW FRIENDLY LANE IN RIVER TERRACE City Engineer Faha gave the staff report on this item. Staff is requesting council authorize initiating proceedings for a vacation of right of way on Friendly Lane in River Terrace.They are requesting that council set a public hearing date of March 7. Councilor Anderson asked if there had been any opposition and Mrs. Faha replied no. Councilor Anderson moved to approve Resolution No. 17-08. Councilor Goodhouse seconded the motion. City Recorder Krager read the number and title of the resolution.The motion passed unanimously. Resolution No. 17-08—A RESOLUTION INITIATING PROCEEDINGS TO VACATE A PORTION OF PUBLIC RIGHT-OF-WAY OF SW FRIENDLY LANE IN RIVER TERRACE Yes No Council President Snider 1 Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ Council President Snider announced that Resolution No. 17-08 was approved unanimously. TIGARD CITY COUNCIL MEETING MINUTES— February 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 3 of 12 5. CONSIDER RESOLUTION TO INITIATE VACATION PROCEEDINGS FOR A PORTION OF RIGHT OF WAY ON SW 76".11 AVENUE City Engineer Faha said staff is requesting that council initiate vacation proceedings for a portion of right of way on 76th Avenue and set a public hearing for March 7. Councilor Goodhouse moved for approval of Resolution No. 17-09 and Councilor Anderson seconded his motion. There were no questions from council. City Recorder Krager read the number and title of the resolution. Resolution No. 17-09—A RESOLUTION INITIATING VACATION PROCEEDINGS TO VACATE A PORTION OF PUBLIC RIGHT- OF-WAY ON SW 76Th AVENUE Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ Council President Snider announced that Resolution No. 17-09 was approved unanimously. 6. LOCAL CONTRACT REVIEW BOARD CONSIDERATION OF TRANSPORTATION STUDY FOR 72ND AVENUE/TIGARD TRIANGLE AREA CONTRACT City Engineer Faha and Senior Management Analyst Barrett gave the staff report on this item. City Engineer Faha said this contract is with Angelo Planning Associates for a not to exceed amount of $200,000 for work that supports a reanalysis of 72nd Avenue. It is slated to be five lanes from 72nd through the Triangle area in the city's Transportation Plan. However, the Tigard Triangle Strategic Plan indicates that 72nd Avenue is a through street but also a pedestrian street to be supportive of the development desired in the Triangle.This work is necessary to determine the ultimate configuration, such as number of lanes and how 72nd Avenue can best support pedestrians, bikes, transit, through- freight and autos. There could possibly be changes to intersections such as Highway 217 up through Dartmouth or Dartmouth up to Highway 99W. She said there will be significant opportunities for citizen involvement throughout the process and ultimately there could be an amendment to the Transportation Plan. Councilor Woodard said it is good to examine this because walking along Highway 99W towards Dartmouth Street is dangerous. He noted the amount of big box development in the area and said streamlining it is a good idea. TIGARD CITY COUNCIL MEETING MINUTES — February 14, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 4 of 12 Councilor Goodhouse moved for approval of the Transportation Study for 72nd Avenue/Tigard Triangle area contract and Councilor Anderson seconded the motion Council President Snider conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ 7. LOCAL CONTRACT REVIEW BOARD CONSIDERATION OF ON-CALL AND OF RECORD ENGINEERING AND RELATED SERVICES CONTRACTS Senior Management Analyst Barrett said a qualification-based service (QBS) request for proposals was issued. The city is allowed to directly contract up to $100,000 if a contractor is on the list and these contracts will relieve some of the burdensome QBS requirements from staff. Staff determined that using of record and on-call contracts would expedite projects. These are contracts that would not typically come before council but the overall dollar amount of these contracts over two to four years would exceed an amount that requires council approval. Council received an attachment in their meeting packet that lists all of the different services and the contractors. Councilor Woodard asked about on-call vs. of record contractors and Mr. Barrett replied that there is only one of record contractor and that is for the aquifer storage and recovery program. He said on-call is used in the situation where there are typically 3-5 firms who all meet the QBS requirements. He stated that there is the potential to reach the $100,000 total but no one project will exceed that amount. Councilor Goodhouse moved for approval of on-call and of record engineering and related services contracts. Councilor Woodard seconded the motion and Council President Snider conducted a vote. The motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ TIGARD CITY COUNCIL MEETING MINUTES — February 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 5 of 12 8. LOCAL CONTRACT REVIEW BOARD CONSIDERATION OF DIRKSEN NATURE PARK BOARDWALK DESIGN,FABRICATION AND DELIVERY CONTRACT Senior Management Analyst Barrett and Senior Engineering Project Coordinator Peck gave the staff report on this item. Mr. Barrett said this contract will purchase design, fabrication and delivery of the boardwalk to the site. He noted that this contract is not for construction of the boardwalk on the ground;it is just for the bridge portion. Senior Engineering Project Coordinator Peck said the project is a boardwalk to be sited over the wetland per the Dirksen Nature Park Master Plan and will allow close-up viewing of the forested wetland but preserve the natural setting. In response to a question from Council President Snider Mr. Peck confirmed that the contract is for purchase and delivery of the boardwalk to the site. Councilor Woodard asked when it would be installed and Mr. Peck said the boardwalk will be installed this summer along with the work to restore the wetland. Staff would like to add the oak savannah overlook to the same construction bid. Councilor Woodard moved for approval of the Dirksen Nature Park Design,Fabrication and Delivery of the Boardwalk contract. Councilor Anderson seconded the motion. Council President Snider conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ 9. CONSIDER ADOPTING TIGARD'S REPRESENTATION IN WASHINGTON COUNTY'S NATURAL HAZARD MITIGATION PLAN Emergency Management/Safety Coordinator Lueck gave the staff report. In 2007 the emergency management office did an examination of current emergency management plans and identified the need for other plans to assure the city is aligned with those plans. A need was identified for a natural hazard mitigation plan and Tigard prepared one and received FEMA approval in 2008. Completion of the plan made the city eligible for future federally funded mitigation grants. The natural hazard mitigation plan has a mandated five-year update schedule. The update process began in 2013 but due to some competing priorities was delayed. Mr.Lueck said Washington County received a federal grant in 2014 to update the county plan and solicited Tigard to collaboratively update their county plan and the city's addendum. Tigard's in- kind match requirement was $7,500 and this included work done by Council,City Management, Community Development,Police and Public Works. He said he especially wanted to thank Interim Police Chief Rogers,Assistant Community Development Director McGuire and Utility Manager Goodrich for their work on the steering committee. He said the Natural Hazard Mitigation Plan Addendum 2016 update is the result of a collaborative process among representatives from the City TIGARD CITY COUNCIL MEETING MINUTES — February 14, 2017 City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 6 of 12 of Hillsboro, City of Tigard,Washington County Land Use and Transportation,Washington County Emergency Management,and stakeholders from Clean Water Services,Tualatin Valley Fire and Rescue,Tualatin Valley Water District, Oregon Emergency Management and the Oregon Partnership for Disaster Resilience (University of Oregon),which was the contracted vendor that assisted in the process. The public also had an opportunity to play a role in the development of the plan goals and action items. The Natural Hazard Mitigation Plan is a non-regulatory plan for reducing impacts from disasters and includes resources and information to guide public and private sector organizations as they work together to reduce these risks. It also describes actions targeted to reduce risks and loss when future natural hazard events occur including floods,landslides, severe weather,wildfire, earthquake and volcanic eruption. This will serve as a guide for Tigard's decision makers as they commit resources to reduce the effects of natural disasters. Staff recommendation is for council to adopt the City's addendum to Washington County's Update by resolution. Councilor Woodard mentioned an email from Elise Shearer regarding St.Anthony's School. He asked why it was not listed and what help the school could receive to fortify its structure. Mr. Lueck said the school is identified as an essential facility. There are critical facilities and essential facilities. Both are top priority for the windshield survey process done immediately after a hazard occurs. As far as mitigation, staff could help them in their efforts through the seismic rehabilitation grants from the state,where there is currently$200 million available for schools and emergency services. Councilor Woodard asked if the school was considered a potentially high-collapse structure. Mr. Lueck said this is the first time that the facility types have been addressed in the city's plan. Currently,DOGAMI is doing an all-risk multi-hazard assessment throughout the state and specifically,Washington County. It should be completed this year and he expected that facility to be on the list. Councilor Woodard confirmed that anyone interested could go to the website at DOGAMI.org Mr. Lueck said he will follow up with Elise Shearer. Councilor Goodhouse moved for approval of Resolution No. 17-10 adopting the Washington County Multi Jurisdictional Natural Hazard Mitigation Plan and Councilor Anderson seconded the motion. Council President Snider conducted a vote and the motion was approved unanimously. Resolution No. 17-10—A RESOLUTION ADOPTING THE CITY OF TIGARD'S REPRESENTATION IN THE UPDATES TO THE WASHINGTON COUNTY MULTI-JURISDICTIONAL NATURAL HAZARD MITIGATION PLAN (NHMP) Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse 1 TIGARD CITY COUNCIL MEETING MINUTES — February 14, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 7 of 12 10. CONSIDER APPROVAL OF A RESOLUTION OF NECESSITY FOR EAST TIGARD SEWER SANITARY EASEMENTS Engineering Project Coordinator Peck gave the staff report. He said this resolution of necessity is to acquire temporary construction easements and permanent sanitary sewer easements for the East Tigard Sewer Improvement Project. This project will replace an existing sanitary sewer line located in Red Rock Creek,provide increased capacity, prevent overflow and improve access for routine maintenance. On August 9, 2016 Council authorized staff to begin negotiations to obtain these easements. Appraisals were prepared and negotiations began with affected property owners to acquire the easements. Council approval of a resolution of necessity is the next step. He said Clean Water Services is paying 100 percent of the property acquisition costs for all public sewer lines larger than a 12-inch diameter and costs related to reconnections of the existing sewers along the alignment. Councilor Woodard asked if the city would be responsible for the 8-inch sewer lines and if that cost was known. Mr. Peck said the city's portion is expected to be $200,000 of the total estimated construction portion of the contract,which is just over$1 million. Councilor Goodhouse moved for approval of Resolution No. 17-11. Councilor Anderson seconded the motion. City Recorder Krager read the number and title of the resolution. Resolution No. 17-11—A RESOLUTION DECLARING THE NEED TO ACQUIRE PROPERTY FOR THE PURPOSE OF CONSTRUCTING PUBLIC UTILITIES AND RELATED IMPROVEMENTS ADJACENT 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 Council President Snider conducted a vote and the motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson ✓ Mayor Cook (absent) Councilor Goodhouse ✓ 11. DISCUSS SW CORRIDOR LAND USE FINAL ORDER Community Development Director Asher said the SW Corridor Land Use Final Order (LUFO) was discussed in council's legislative briefing in January and council had questions. He said he, City Attorney Rihala and TriMet Executive Director for Public Policy Bernie Bottomly were present to discuss this law and the proposed update which sets up the process by which the SW Corridor (SWC) light rail projects will get land use approval. TIGARD CITY COUNCIL MEETING MINUTES — February 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 8 of 12 Community Development Director Asher said normally land use approval for projects built in Tigard is obtained through Planning Commission and sometimes Council actions but this does not work for a project stretching from downtown Portland to Tualatin. This was figured out by the region many years ago when the west side line was built. There needed to be a way to supersede all the land use processes of local jurisdictions to provide assurance that the project would move through land use expeditiously. This is critically important to a light rail project,which has to compete nationally for federal funds. Community Development Director Asher said the land use approval process was used for the west side light rail as well as when the region built the north-south lines. The SWC project is not in the same geography so TriMet,Metro and other partners are asking the legislature to update an Oregon law that creates this land use final order for light rail projects.The geography has to be changed so this project qualifies,as well as a few other updates. The bill,which Mayor Cook has been asked to support in Salem, describes the rules about how land use approval will work. Most of the bill is about process. It says the LCDC (Land Conservation and Development Commission) is charged with setting up criteria by which Metro will adopt a land use approval. Instead of having the region or any one of the jurisdictions involved establish the criteria for this project,it will be done at the state level. It will be done in the way we are used to seeing it,with notices,hearings, and standing for those who want to make appeals. Mr.Asher drew council's attention to two things: 1) The LUFO determines the approximate location of the project;and 2) It defines what the pieces of the project are. Another reason the LUFO is a smart way to do this is that not only does the project travel through different jurisdictions,but it is also made up of many different parts (tracks,parking garages, substation buildings,operator rooms and bridges) that are built in different zones.What the LUFO will do is say where it is generally approved to go and what improvements and project elements are approved to go along with it. Metro has to hold a public hearing based on criteria it gets from the state and recommendations and support from the steering committee to make findings and approve this final land use order. TriMet will be the applicant. The last part of the bill determines what must be done at the local level to be in compliance with the LUFO.We must be consistent. The city plans,including the Comprehensive Plan,Transportation System Plan, etc. cannot contravene. Permits must be issued in a timely manner. The conditions attached to permits are limited,in that they must be reasonable and this is defined in the bill. Mr.Asher gave an example of the line in Milwaukie and said if a bridge was being built, the city could say they needed to comply with city codes and design standards but could not say for example, "we don't want it built here,we want it built over there." He did not think this kind of process happens for any other kind of project but it has been used for successful building of most of the regional light rail system. It allows the region to be competitive where and when it is necessary to be competitive. He acknowledged that in his experience the city does have to forego some jurisprudence over what gets built and where but there are protections built in and the project still must comply with city codes and elements can be conditioned. TIGARD CITY COUNCIL MEETING MINUTES — February 14, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 9 of 12 TriMet Executive Director for Public Policy Bottomly said the land use final order is developed as an outcome of the steering committee's work in which Mayor Cook participates. The project elements are decided in a cooperative,consensus process at that table. This legislation would provide a way to move the product efficiently through the land use process. This is important because when TriMet's application is made to the federal government they will ask if the local land appeals process was exhausted. This creates a defined set of appeal processes and timelines. Council President Snider asked which body issues the land use final order. Mr. Bottomly said the LUFO is codified and adopted by Metro based on the recommendation of the steering committee. Councilor Woodard asked if it went to a vote and Community Development Director Asher said it does not. He said that because the project spans different jurisdictions Metro is the best jurisdiction to do this and they use criteria established by LCDC. All will be aligned with the project that the steering committee defines. City Attorney Rihala said this was a good summary and to recap for council in a simplified version, the legislature authorizes LCDC to adopt criteria. Metro applies that criteria and issues the LUFO. Any appeals would be to LUBA (Land Use Board of Appeals) and then fast tracked to the Oregon Supreme Court,bypassing the Oregon Court of Appeals and streamlining the process. Community Development Director Asher confirmed for Councilor Anderson that Tigard's'best interests will be represented by Mayor Cook and others on the steering committee all the way through the process until construction. The steering committee will meet even into the early stages of construction. Mr.Asher said that the city will end up caring a lot about the quality of what gets built and how it integrates with the environment that it's in. The city will have the EIS (Environmental Impact Statement) for knowledge and will be working with TriMet throughout the process.What the LUFO does,is limit the city's ability to leverage the project through land use conditions. It is important to have the right codes in place and staff has work to do to bring some codes up to date so the city has more protection by the time this project is constructed. There is also a cap,where TriMet can say under the LUFO something we want might be too onerous. He said in his experience at Milwaukie there was always tension between the city and TriMet but it never became controversial. Councilor Goodhouse asked if the Metro land use control remains in effect after the project is complete. Mr.Asher said he felt it goes back to the original jurisdiction but added it is never entirely Metro's land;the city will still be issuing right-of-way permits to allow construction on public land. Mr. Bottomly added that the LUFO only applies to the actual construction of the project. If there is excess property after the project is finished which was used for staging, for example,the underlying city zoning would still apply. Councilor Goodhouse asked if that was written into the bill and Mr. Bottomly said it terminates after the project. City Attorney Rihala added that the text of the bill defines the project,its components and said the bill is not applicable outside the project. Councilor Woodard asked for a process flow sheet. Council President Snider suggested putting that on the website. TIGARD CITY COUNCIL MEETING MINUTES— February 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov 1 Page 10 of 12 Councilor Anderson asked if the provisions of the bill are statewide and Mr. Bottomly replied that this legislation applies only to light rail projects. Councilor Anderson asked who handles eminent domain. Mr. Bottomly said there are two project phases,a broader planning phase in which Metro is the lead and then after the LUFO is issued the project transitions to TriMet. Property acquisitions occur after TriMet is the lead but they try very hard not to exercise eminent domain. Councilor Woodard asked if the LUFO gives the authority for eminent domain and Mr. Bottomly replied that state law gives that authority to TriMet. 12. CONSIDER RENEWAL OF WASHINGTON COUNTY MOSQUITO CONTROL INTERGOVERNMENTAL AGREEMENT. Utility Manager Goodrich said this renewal is a five-year extension of an IGA with Washington County which the Tigard City Council last considered in 2012,but originally as far back as 2004 or 2005. Councilor Goodhouse asked if there was a cost. Mr. Goodrich said the larvacide costs about $8,500 but the county purchases it. The agreement obligates Tigard to ensure its application in all catch basins in June or July to control mosquitos. Councilor Goodhouse moved for approval of authorizing the city manager to execute the agreement and Councilor Woodard seconded the motion. The motion passed unanimously. Yes No Council President Snider ✓ Councilor Woodard ✓ Councilor Anderson V Mayor Cook (absent) Councilor Goodhouse V 13. NON AGENDA ITEMS 14. EXECUTIVE SESSION None held 15. ADJOURNMENT At 8:39 p.m. Councilor Goodhouse moved for adjournment. Councilor Anderson seconded the motion and all voted in favor. Yes No Council President Snider V Councilor Woodard V Councilor Anderson V Mayor Cook (absent) Councilor Goodhouse V TIGARD CITY COUNCIL MEETING MINUTES — February 14, 2017 City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov Page 11 of 12 Carol A. Krager, City Recorder Attest: Jason Snider, Council President Date TIGARD CITY COUNCIL MEETING MINUTES — February 14, 2017 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 www.tigard-or.gov I Page 12 of 12 AGENDA ITEM No. 4 Date: March 7, 2017 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Informational Public Hearing - CONSIDER APPROVAL OF AN ORDINANCE FOR THE VACATION OF FRIENDLY LANE 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 become part of the public record and is openly available to all members of the public. The names and addresses ofpersons who attend or participate in City of Tigard public meetings will be included in the meeting minutes, which is a public record. Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 4 Date: March 7, 2017 PLEASE PRINT 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 become part of the public record and is openly available to all members of the public. 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 Proponent—(Speaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Addres & one o. Name,Address&Phone No. �\ 1 Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name, .Address&Phone No. Name, .Address&Phone No. AIS-2732 4. Business Meeting One Meeting Date: 03/07/2017 Length (in minutes): 15 Minutes Agenda Title: Public Hearing- Consider Vacation of Friendly Lane Submitted By: Carol Kruger, Central Services Item Type: Ordinance Meeting Type: Council Business Meeting - Main Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall the council, at a public hearing requested by Pacific Community Design on behalf of Polygon WLH, LLC, vacate an approximately 2.15 acre portion of public right of way commonly known as SW Friendly Lane? STAFF RECOMMENDATION / ACTION REQUEST Adopt ordinance vacating a portion (2.15 acres) of 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 2016-00007. Public notices were published for two consecutive weeks prior to this public hearing per TMC 15.08.120 (1). Planning Commission reviewed the proposal on January 23, 2017 and recommends council adopt the ordinance. The Public Works Director's Report is attached and recommends council adopt the ordinance with conditions. The report describes: •Tigard Municipal Code requirements for review and approval of street vacations •A recommendation to approve the request with conditions. The report describes the following for the request: •Effect on traffic, pedestrian and bicycle circulation •Effect on the provision of fire and police service as related to increasing response time •Effect on drainage •Effect on provision of utilities •Compliance with the Comprehensive Plan •Compliance with the Capital Improvement Program •Recommended conditions of approval OTHER ALTERNATIVES The council could choose to deny the right of way vacation. This would result in a need for the developer to redesign and resubmit development applications for review and approval. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS This action relates to council's Goal #4, supporting development as envisioned in the River Terrace Community Plan. DATES OF PREVIOUS CONSIDERATION On February 14, 2017, council set the March 7, 2017 hearing date for this vacation petition. Fiscal Impact Cost: 0 Budgeted (yes or no): N/A Where Budgeted (department/program):N/A Additional Fiscal Notes: There are no fiscal impacts to the city by approving the vacation request. Attachments Ordinance and Exhibit A-Map and Legal Description Public Works Director Report Planning Commission Recommendation Community Development Report to Planning Commission Petitioner's Request CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 17- AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 2.15 ACRE PORTION OF PUBLIC RIGHT OF WAY BE 1 I bR KNOWN AS SW FRIENDLY LANE (VAC 2016- 00001) IN RIVER TERRACE EAST SUBDIVISION IN THE CITY OF TIGARD. WHEREAS,the approximate 2.15 acre portion of the public right of way had previously been dedicated to the public;and WHEREAS, the applicant, Polygon WLH, LLC, has requested that the City of Tigard vacate an approximate 2.15 acre portion of public right of way better known as SW Friendly Lane,as described and shown in Exhibit A;and WHEREAS, the purpose for this vacation is to vacate a portion of SW Friendly Lane that is no longer needed for public use as a driveway and utility access now that the homes using it have been demolished;and WHEREAS, the vacation has been initiated by the applicant and approval has been recommended by the Planning Commission and the Public Works Director with conditions;and WHEREAS, all affected service providers, including utility companies and emergency services, have reviewed this vacation proposal and the approved River Terrace East subdivision and either have no objections or have recommended specific conditions of approval which have been incorporated into this ordinance;and WHEREAS,notice has been mailed to all property owners abutting said vacation area and all property owners within the affected area,as described by ORS 271.080;and WHEREAS, in accordance with Tigard Municipal Code Section 15.08.120, notice of the public hearing was posted in the area to be vacated and published in the newspaper;and WHEREAS,the owners of the majority of the area affected have not objected in writing;and WHEREAS,the council having considered the request on March 7,2017,finds that it is in the public interest to approve the request to vacate that certain portion of public street right of way for SW Friendly Lane because the public interest will not be prejudiced by this vacation as provided by ORS 271.120 and Tigard Municipal Code Section 15.08.130. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of that certain portion of public street right of way, as described on the attached Exhibit A (map and legal description of the area to vacated)and by this reference made part hereof. ORDINANCE No. 17- Page 1 SECTION 2: Said vacation is hereby conditioned and shall be effective 30 days after its passage by the Council,signature by the Mayor and posting by the City Recorder. PASSED: By vote of all council members present after being read by number and tide only,this day of ,2017. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2017. John L.Cook,Mayor Approved as to form: City Attorney Date ORDINANCE No. 17- Page 2 Exhibit A -----4 - . .- . ' \ ..V., . , ' ,, -, .,,,, ,....'',',-, .,:,'.4.•lr' ' , .,,,..!....;_ ,.... ' .P.,4'. 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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 SurveyRecords. REGISTERED PROFESSIONAL LAND SURVEYOR '-- -!(AA• L 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 ♦ [T] 503-941-9484 [F] 503-941-9485 / -BOOK 768 PAGE 519 / ' S HCW S OLLS FERRY ROAD (CR 3110) RIVER TERRACE RIVER TERRACE AREA 3 PARCEL 2N --------, AREA 3 PARCEL 6 DOCUMENT NO. ' 2015-074592 ROW VACATION DOCUMENT N0. POINT OF- 2015-074592 COMMENCEMENT S46'58'09"E EAST 1/4 S89'46'19"E 947.19' 103.20' CORNER OF SECTION 6 �Z. \SW FRIENDLY LANE (CR 3282 T/J) SS 84'01'51"W N89'46'19"W 938.50' i. S00'20'12 W Tr 0 60.00' N46'58'09"W ai . in_ 81.33' lo cc N-RIVER TERRACE S46'S8'09"Er; 3 DOCUMENT NO. AREA 3 PARCEL 5 27.35' d' I ! ` c° 0 2010-011206 DOCUMENT NO. w p a, o ao 2015-074592 - o POB 'oo x o cn Ix P N8917'36"E 0 z 0 276.12' o RIVER TERRACE ce AREA 3 PARCEL 3 6 0 DOCUMENT NO. RIVER TERRACE S89'17'36"W 1 m cc 2015-074592 AREA 3 PARCEL 1 321.15' 3 DOCUMENT NO. 0 2015-074592 a S00'00'16"W WEST LINE OF THE SE 1/4 �OF THE NE 1/4 OF — - SECTION 6 45.00' u 0 co in Ti z z 0 0 PARCEL 2 0L.Li 0 PPARTITION PLAT NO. v) v) `o0) \ 0 u 0 O Oc a c 0 m LD0 il P 6) (h _h O a) EXHIBIT A RIGHT—OF—WAY VACATION 0 3 e DRAWN BY: GPS DATE: 10/4/16 $ REVIEWED BY: -ICJ DATE: 10/4/16 12564 SW Main St $ Pacific Tigard, OR 97223 PROJECT NO.: 395-041 . Community [T] 503-941-9484 a. SCALE: 1"=250' [F] 503-941-9485 PAGE 3 OF 3 " City of Tigard T I G A R D Memorandum 4F,,f walk, 41111111W- '9A4111111MIV To: Honorable Mayor& City Council From: Brian Rager,Public Works Director Re: Vacation of Friendly Lane VAC 2016-00001 Public Works Director Report Date: March 7,2017 The applicant,Polygon WLH,LLC,has requested,in accordance with TMC 15.08,vacation of a portion (2.15 acres) of public right of way better known as SW Friendly Lane. Exhibit A to the ordinance is a legal description and map depicting the area of the proposed vacation. 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 2016-00007. Both were approved by Planning Commission on June 20, 2016. The Tigard Municipal Code sets forth the process for review and approval of street vacations. Section 15.08.90 outlines the reports required by the Planning Director and Public Works Director. On January 23, 2017 the Planning Commission received the Planning Director Report. The commission voted to forward their recommendation for approval to council for consideration. The Public Works Director Report hereby recommends Council approve the requested street vacation with conditions. The recommendation for approval is based on the following findings: • Effect on traffic,pedestrian and bicycle circulation—The road to be vacated, SW Friendly Lane,is unimproved and was previously used for access,vehicular and utility,to homes that have since been demolished as part of the River Terrace East and East 2 projects. Both subdivisions provide for a street, sidewalk and trail network that enhances circulation for all modes of transportation and supports the city's strategic plan for a more walkable community. • Effect on the provision of fire and police service as related to increasing response time —The streets in both subdivisions will be fully improved, designed to meet current engineering standards. The water system will be designed to provide adequate fire flow with hydrant placement approved by Tualatin Valley Fire &Rescue. • Effect on drainage—Prior to development the area included a few homes and open fields. The proposed development will provide a complete public storm sewer system,water quality treatment and a regional detention facility. The design is based on the River Terrace Stormwater Master Plan. • Effect on the provision of utilities—Effected utility providers have been notified and provided the opportunity for comment. Utility poles and lines that once served the demolished homes have been removed. All new services in the River Terrace East subdivisions will be placed underground and in locations that will serve the approved multi-lot layout. Frontier Communications provided comments regarding the AT&T and Sprint cell sites. The AT&T site is fed via fiber, and the Sprint site is fed via copper. Frontier needs easements to be able to provide service to and from the cell sites. The applicant has coordinated with Frontier to provide the needed easements through the Public Utility Easements that will be granted with the River Terrace East final plat. The applicant has also coordinated with PGE regarding access,utility poles and lines associated with the PGE substation (located at the west end of the proposed vacation area). PGE access to the substation from Roy Rogers Road will be unaffected by the vacation of the subject right of way. The River Terrace East final plat includes the existing easements for the PGE transmissions lines that will remain within River Terrace East. • Compliance with the Comprehensive Plan,transportation element—The approved plan for River Terrace East implements the River Terrace Transportation System Plan Addendum (TSP Addendum). The TSP Addendum is one of five master plans which inform and serve to support the River Terrace Community Plan,which is itself an ancillary land use policy document of the Tigard Comprehensive Plan. The vacation of the Friendly Lane right of way is proposed in order to achieve the planned and approved densities for the site within the River Terrace Community Plan. • Compliance with the Capital Improvement Program—The proposed right of way vacation is specifically needed for the planned developments of River Terrace East and East No. 2. Transportation improvements identified in the River Terrace Community Plan and the Transportation System Plan Addendum are not included in the City of Tigard's Capital Improvement Plan, but the planned developments have been required, as part of their land use approval,to construct the planned Neighborhood Route and River Terrace Boulevard, a Collector. • Recommended conditions of approval, if any, shall be those conditions necessary to protect the public interest—As the only affected adjacent property owner,PGE has public access to Roy Rogers Road. The applicant has states that easements for PGE poles and lines will be provided on the River Terrace East final plat. o Condition: Easements for PGE poles and lines must be shown on the River Terrace East plat,to be reviewed and approved by the Engineering Division prior to final plat approval. o Condition: Easements and Public Utility Easements,as needed, for Frontier access to the AT&T and Sprint cell sites must be shown on the River Terrace East plat, to be reviewed and approved by the Engineering Division prior to final plat approval. 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 staff 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 ommks 'on Secretary A 1'1'EST: President Fitzgerald January 23,2017 Page 8 of 8 CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done TIGARD EXHIBIT A Elderberry Ridge Planned Development Concept Plan and Detailed Plan Planning Commission Hearing Agenda Item #6 Community Development I January 23, 2017 CITY OF T I G \ R I) Development Context J . - �- — __ J -i.1 _� _- evn,k� • ` r , r VICINITY MAP t PDR 2106-00009 ,J j SUB 2016-00007 .-, t - � r j SLR 2016-00008 J J J J -I i , Elderberry Ridge t_E sI i . _ > , tl wSubjSrt ,�J,, — J 'I I _ ect MI __J 411 H'ANSEN r_I + J � ' - ,,! ri i' + `' : _ •Ito?._ I 1 � > , ' , e� --I .1 ; -J J---1 =' , ' J - / .1 I \ `{ -. Mad brat*1..OW-I n.33,1 J d W i / , .i__. I i wa.11 o 11rw m 01sr m -rw.-1n J .J S I I1 J ASHFI P T 111 y a1 -t ..' •�� p �3nswr°e�.a r.« J __I j__? , Ti_ R NIA. T1p�E«aur i M 50 0,X1]1 o r ....s.e.w. TIGARD • Concept Plan Detailed Plan Pd. 111 - I I i. .m r m• a .� p i l� L - - -, - - I. ?" pins 1 EllIMANIEN LAME 4,--- 1 n w- is n• n u u9 I Ii 22- ° o- r( �. *r: . - Tract A-Open Space Tract D-Open Space • - C.Igneteel 5,...1 Fgnl.-or-vay ----- - Oakanaltlorm•v.e..tr.m - o..v.t.e OW 5o...Tract - [...-.,rm.no Gw, CITY O F T I G A R D Staff Recommendation 6- Staff Staff recommends the City Council take two actions tonight: 1 . The first, in favor of the .=.........,.. proposed Concept Plan "X�- rxaiyi n • 2. The second, in favor of the �� 1,,,,P proposed Detailed Plan •-• 2 'map... ...q..1.. i CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done TIGARD Elderberry Ridge Planned Development Concept Plan and Detailed Plan Planning Commission Hearing Agenda Item #6 Community Development I January 23, 2017 CITY OF TIGARD Proposed vacation of a , , 3,485 square foot portion of ! , , -} 76thAvenue right-of way , : , , ,, , , 4--200'-- 200'— Staff recommends the Commission pass a motion recommending approval to City Council. L , ► EXHIBIT — Affected Area '� °T (Ii a�tu- axe SW 76th Right—ut Way Vocation a.e,,, ��a._• I I E1.D wo tRRY 4eaun-Rt.*MamasIt.. • /Y�i Exhibit B MEMORANDUM CITY OF TIGARD, OREGON DATE: 12/20/16 (Revised 1-18-17) TO: Gary Pagenstecher, Associate Planner FROM: Kim McMillan, Development Review Engineer RE: PDR2016-00009 Elderberry Ridge Access Management (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The applicant's traffic analysis report, prepared by Charbonneau Engineering, dated May 2016, addressed sight distance for the access from Tract D onto SW 79th Avenue. Sight distance of 280 feet is required and field review showed that over 350 feet of sightline is available. A final sight distance certification will be required prior to issuance of building permits. The sight distance at the intersection of SW 76th and 78th Avenues was not addressed. A preliminary sight distance certification will be required prior to issuance of permits. A final sight distance certification will be required prior to issuance of building permits. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. This development does not have frontage along a collector or arterial street. Therefore, this criterion does not apply. ENGINEERING COMMENTS PAGE 1 Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. The proposed private street, Tract D, is more than 125 feet from SW Hansen Lane. This criterion is met. The spacing between SW Hansen Lane and SW 78th Avenue exceeds 125 feet. This criterion is met. Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Local streets to have a 54-foot right-of-way width and 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW 76th and 78th Avenues, and SW Hansen Lane, which are classified as local streets on the City of Tigard Transportation Plan Map. The site is also adjacent to SW 79th Avenue, which is classified as a Neighborhood Route with bike lanes. The applicant has proposed that SW 78th Avenue and SW Hansen Lane be local streets with a 50-foot right-of-way and 28 feet of paved width. This will allow parking on one side only. SW Hansen Lane and 78th Avenue are currently unimproved. In order to mitigate the impact from this development, the applicant should dedicate right-of-way to provide 50 feet and construct full street improvements, providing 28 feet of pavement between curbs. ENGINEERING COMMENTS PAGE 2 SW 79th Avenue is currently unimproved. In order to mitigate the impact from this development, the applicant should dedicate right-of-way to provide 29 feet from centerline and construct half-street improvements to provide 18 feet of pavement from centerline to allow for bike lanes. A minimum of 24 feet of pavement is required along the SW 79th Avenue frontage (18 feet east of centerline and a minimum of 6 feet west of centerline). A planter strip is required between curb and sidewalk and the applicant shall connect the proposed sidewalk to the sidewalk along Tax lot 7500 and to the south to the existing sidewalk constructed with the Gentle Woods subdivision. SW 76th Avenue is currently unimproved. In order to mitigate the impact from this development, the applicant should dedicate right-of-way to provide 27 feet from centerline and construct half-street improvements to provide 16 feet of pavement from centerline. A minimum of 24 feet of pavement is required along the SW 76th Avenue frontage. All street and frontage improvements must provide curb, planter strip, sidewalk, street trees, street lights and storm drainage. Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length. The proposed development will complete the existing street network between SW 76th and 79th Avenues in this area. The applicant has applied for a street vacation for a portion of SW 76th Avenue right-of-way south the intersection of SW 76th Avenue and SW Hansen Lane. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street ENGINEERING COMMENTS PAGE 3 connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. The applicant has applied for a vacation of SW 76th Avenue right-of-way, south of SW Hansen Lane. There are existing wetlands and the flood plain of Fanno Creek which preclude the extension of SW 76th Avenue. However, the city of Tigard is developing the remaining portions of the Fanno Creek Trail. The trail will go through this area and the SW 76th Avenue has been identified as a route for the trail and for construction equipment access. The applicant may provide an approvable solution for a trail route and construction equipment access around Tract C. If such a solution is not viable the city will not support the vacation request. Cul-de-sacs: 18.810.030.L states that 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: • All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other than circular, shall be approved by the City Engineer; and • 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, and • 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. NA Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with ENGINEERING COMMENTS PAGE 4 grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. The proposed grades do not exceed 12%. This criterion is met. Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a development abuts or is traversed by an existing or proposed arterial or major collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: • A parallel access street along the arterial or major collector; • Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; • Screen planting at the rear or side property line to be contained in a non-access reservation along the arterial or major collector; or • Other treatment suitable to meet the objectives of this subsection; • If a lot has access to two streets with different classifications, primary access should be from the lower classification street. NA Private Streets: Section 18.810.030.T states that design standards for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. The applicant has proposed to construct a private street, Tract D, to serve 10 lots. The proposed section for the private street meets the standard width requirements. Street lights are required on the private street and shall be metered separately from the public system. The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private street(s). These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. ENGINEERING COMMENTS PAGE 5 Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of- way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. PLANNING Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. PLANNING Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. PLANNING Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. Lots 18 and 19 do not have adequate frontage meeting the 25 feet requirement. This criterion is NOT met. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. ENGINEERING COMMENTS PAGE 6 The applicant's plans indicate the construction of sidewalks along all frontages, including the private street. Lots 18 and 19 are not served by a private street and do not have a sidewalk. The sidewalk along the SW 79th Avenue frontage must be extended both north and south to connect to existing sidewalk. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. The development will connect to the existing sewer line in SW 76th Avenue, with new sewer in the proposed street frontages and along the back of lots 11-17 to avoid sensitive areas in Tracts A and D. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). The existing storm system directs stormwater from the Brittany Meadows Subdivision thru the proposed site, then north along SW 76th Avenue, where it then discharges to Fanno Creek. ENGINEERING COMMENTS PAGE 7 Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. This development is located adjacent to Fanno Creek, therefore detention is not required by the city. However, if there are any other agency permits needed then detention may be required by that agency and those agency approvals must be provided to the Engineering Department prior to issuance of permits. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. SW 79th Avenue designated a Neighborhood Route with bike lanes. The applicant shall dedicate ROW to provide 29 feet from centerline. Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. The project frontage along SW 79th Avenue is 289 feet. The amount of the striping would be as follows: • 289 feet of 8-inch white stripe, at $2.50/If $722.50 • 1 Mono-directional reflective markers @ $4.00/ea $4.00 ENGINEERING COMMENTS PAGE 8 • 1 Bike lane legends @ $175/ea $175.00 • 1 Directional mini-arrows @ $100/ea $100.00 $1001.50 Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet. The bike lane shall be 6 feet wide. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under- grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under- grounding. ENGINEERING COMMENTS PAGE 9 There are existing overhead utility lines along the frontage of SW 79th Avenue. The lines shall be placed underground. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study Findings: A Traffic Analysis Report was prepared by Charbonneau Engineering, dated May 2016. According to the ITE Trip Generation manual the site will generate 409 trips per weekday. A total of 32 AM peak hour and 43 peak hour trips will be generated. The report recommends stop sign control be established on the newly constructed site access approach to SW 79thAvenue. Fire and Life Safety: The applicant's permit plan set will require approval from TVFR with regards to access and hydrant spacing. Public Water System: The city of Tigard provides service in this area. There are existing 8-inch lines that will serve this development. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to issuance of permits, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. ENGINEERING COMMENTS PAGE 10 Prior to the City accepting this facility as a public facility, the developer shall maintain it for a minimum of three years after construction is completed. The pond shall be placed in a tract and conveyed to the City on the final plat. The developer will be required to submit annual reports to the City which show what maintenance operations were conducted on the facility for that year. Once the three-year maintenance period is completed, the City will inspect the facility and make note of any problems that have arisen and require them to be resolved before the City will take over maintenance of the facility. In addition, the City will not take over maintenance of the facility unless 80 percent of the landscaping is established and healthy. If at any time during the maintenance period, the landscaping falls below the 80 percent level, the developer shall immediately reinstall all deficient planting at the next appropriate planting opportunity. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes ENGINEERING COMMENTS PAGE 11 in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. A 1200C Permit will be required. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to plat approval. For multi-tenant buildings, one address number is assigned to the building and then all tenant spaces are given suite numbers. The City is responsible for assigning the main address and suite numbers. This information is needed so that building permits for tenant improvements can be adequately tracked in the City's permit tracking system. Based upon the information provided by the applicant, this building will be a multi-tenant building. Prior to issuance of the site permit, the applicant shall provide a suite layout map so suite numbers can be assigned. The addressing fee will then be calculated based upon the number of suites that must be addressed. In multi-level structures, ground level suites shall have numbers preceded by a "1", second level suites shall have numbers preceded by a "2", etc. For this project, the addressing fee will be $2250.00 (42 lots and/or tracts X $50/address = $2100.00). The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. Survey Requirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other ENGINEERING COMMENTS PAGE 12 water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this project to cover and any other work in the public right-of-way. Six (6/) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard-or.gov). The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a full-street improvement along SW Hansen and SW 78th. The improvements adjacent to this site shall include: A. City standard pavement section for a local street from curb to curb equal to 28 feet, with a 50-foot ROW; ENGINEERING COMMENTS PAGE 13 B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5-foot concrete sidewalk with a 5-foot planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; underground utilities; J. street signs (if applicable); K. driveway apron (if applicable). The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct half-street improvements along the frontage of SW 76th. The improvements adjacent to this site shall include: A. City standard pavement section for a local street from curb to curb equal to 32 feet, with a 54-foot ROW; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5-foot concrete sidewalk with a 5-foot planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; underground utilities; J. street signs (if applicable); K. driveway apron (if applicable). The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct half-street improvements along the frontage of SW 79th, a neighborhood route. The improvements adjacent to this site shall include: A. City standard pavement section for a local street from curb to centerline equal to 18 feet, with 6-foot bike lane and 24 feet of travel lane minimum total, with a 58-foot ROW, minimum of 29 feet from centerline; ENGINEERING COMMENTS PAGE 14 B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5 foot concrete sidewalk with a 5 foot planter strip, the applicant's plans shall be revised to provide the planter between the curb and sidewalk. In addition, the applicant shall extend sidewalk north to connect to existing sidewalk; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; underground utilities; J. street signs (if applicable); K. driveway apron (if applicable). The applicant's construction drawings shall show that the pavement and rock section for the proposed private street(s) shall meet the City's public street standard for a local residential street. Street lights are required on the private street and shall be metered separately from the public system. The applicant shall establish stop sign control on the newly constructed site access approach to SW 79th Avenue, as recommended in the Traffic Analysis Report prepared by Charbonneau Engineering, dated May 2016. All other recommendations shall be incorporated, as well. Sanitary sewer and storm drainage details shall be provided as part of the Public Facility Improvement (PFI) permit plans. Calculations and a topographic map of the storm drainage basin and sanitary sewer service area shall be provided as a supplement to the Public Facility Improvement (PFI) permit plans. Calculations shall be based on full development of the serviceable area. The location and capacity of existing, proposed, and future lines shall be addressed. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. ENGINEERING COMMENTS PAGE 15 The applicant shall provide an on-site water quality facility as required by Clean Water Services Design and Construction Standards (adopted by Resolution and Order No. 00-7). Final plans and calculations shall be submitted to the Engineering Department (Kim McMillan) for review and approval prior to issuance of the site permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. The applicant shall provide a maintenance access road to the facility and any drainage structures within the facility to accommodate City maintenance vehicles. The access road shall be paved and have a structural section capable of accommodating a 50,000-pound vehicle. The paved width shall be a minimum of 10 feet wide, and there shall be two-foot rock shoulders provided on each side. If the maintenance roadway is over 150 feet in length, a turnaround shall be provided. Prior to issuance of permits, the applicant shall provide Corps of Engineers approval of the detention facility to the Engineering Department. The applicant shall provide an approvable trail route to accommodate the Fanno Creek Trail and construction equipment in lieu of SW 76th Avenue ROW. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, current edition." A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The applicant shall incorporate the recommendations from the submitted geotechnical report by GeoPacific Engineering, Inc, dated May 22, 2016, into the final grading plan. The geotechnical engineer shall be employed by the applicant throughout the entire construction period to ensure that all grading, including cuts and fills, are constructed in accordance with the approved plan and Appendix Chapter 33 of the UBC. A final construction supervision report shall be filed with the Engineering Department prior to issuance of building permits. ENGINEERING COMMENTS PAGE 16 The design engineer shall indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. The final construction plans shall be signed by the geotechnical engineer to ensure that they have reviewed and approved the plans. The geotechnical engineer shall also sign the as-built grading plan at the end of the project. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: . Prior to plat approval, the applicant shall pay $ 1001.50 to the City for the striping of the bike lane along the frontage of SW 79th Avenue. . The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22) as recorded in Washington County survey records. These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. Prior to plat approval, the applicant shall pay the addressing fee in the amount of $2100.00. Prior to plat approval, the applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private street(s). These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. The City's public ENGINEERING COMMENTS PAGE 17 improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. Prior to plat approval, the applicant shall form an HOA for the maintenance of the private street and sensitive areas and tracts. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public improvements substantially complete. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all local residential streets have at least one lift of asphalt, 3) any off-site street and/or utility improvements are substantially completed, and 4) all street lights are installed and ready to be energized. Prior to issuance of building permits the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. The applicant shall place the existing overhead utility lines along SW 79th Avenue underground as a part of this project. Prior to issuance of the building permit, the applicant shall pay the fee in- lieu of constructing an on-site water quantity facility. The fee is based on the total area of new impervious surfaces in the proposed development. ENGINEERING COMMENTS PAGE 18 STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set: 1. All centerline-centerline intersection points; 2. All cul-de-sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.810 Street & Utility Improvement Standards: 18.810.120 Utilities All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface-mounted transformers, surface-mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Bond Required All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. ENGINEERING COMMENTS PAGE 19 Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. ENGINEERING COMMENTS PAGE 20 :),11 City of Tigard TIGARD Memorandum 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. NARRATIVE a 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 a 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 a 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 II. 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. 15.08.080 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 a 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 & Policies of the Comprehensive Plan: Vacation of a portion of SW Friendly Lane Pacific Community Design, Inc. 10/5/2016 Page 5 • Goat 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 SI(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 & 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 S1(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 MIL AGENDA ITEM No. 5 Date: March 7, 2017 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Informational Public Hearing — CONSIDER APPROVAL OF AN ORDINANCE FOR THE VACATION OF 76TH AVENUE RIGHT-OF-WAY (VA2016-00002) 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 become part of the public record and is openly available to all members of the public. 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 Due to Time Constraints City Council May Impose A Time Limit on Testimony AGENDA ITEM No. 5 Date: March 7, 2017 PLEASE PRINT 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 become part of the public record and is openly available to all members of the public. 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. Pro.onent—(Seaking In Favor) Opponent—(Speaking Against) Neutral Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. AIS-3019 5. Business Meeting One Meeting Date: 03/07/2017 Length (in minutes): 15 Minutes Agenda Title: Public Hearing - Consider Vacation of 76th Avenue Right of Way, VAC2016-00002 Submitted By: Carol Krager, Central Services Item Type: Ordinance Meeting Type: Council Public Hearing - Business Informational Meeting - Main Public Hearing Yes Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall council, at a public hearing requested by Riverside Homes,vacate an approximately 3,485 square feet portion of public right of way commonly known as SW 76th Avenue? STAFF RECOMMENDATION / ACTION REQUEST Adopt ordinance vacating a portion (3,485 sf) of SW 76th Avenue. KEY FACTS AND INFORMATION SUMMARY The petitioner, Riverside Homes, requests approval of a right of way vacation for a portion (3,485 sf) of SW 76th Avenue. The proposed vacation is located within the Elderberry Ridge Planned Development, PDR2016-00009. Elderberry Ridge received Planning Commission approval on January 23, 2017. The unimproved right of way south of the requested vacation area runs north-south through Tigard wetlands, 100-year floodplain and Clean Water Services (CWS) vegetated corridor. Planning Commission reviewed the proposed vacation and recommends council adopt the ordinance. The Public Works Director's Report is attached and recommends council adopt the ordinance with conditions. The report describes: •Tigard Municipal Code requirements for review and approval of street vacations •A recommendation to approve the request with conditions. The report describes the following for the request: •Effect on traffic, pedestrian and bicycle circulation •Effect on the provision of fire and police service as related to increasing response time •Effect on drainage •Effect on provision of utilities •Compliance with the Comprehensive Plan •Compliance with the Capital Improvement Program •Recommended conditions of approval The portion of right of way to be vacated is unimproved and is included in the 40-lot planned development as Lots 16 and 17. OTHER ALTERNATIVES Take no action at this time. This would result in a need for the developer to redesign and resubmit development applications for review and approval. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS None. DATES OF PREVIOUS CONSIDERATION At the February 14, 2017 council meeting Resolution No. 17-09 was approved which initiates right of way vacation proceedings for a portion of 76th Avenue. Attachments Ordinance and Exhibit A-Map and Legal Description Public Works Director Report Sensitive Areas Map Utility Easement Map Planning Commission Recommendation Petitioner's Request CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 17- AN ORDINANCE CONCERNING THE VACATION OF AN APPROXIMATELY 3,485 SQUARE FOOT PORTION OF PUBLIC RIGHT OF WAY BEI ER KNOWN AS SW 76Th AVENUE (VAC 2016- 00002)IN THE ELDERBERRY RIDGE PLANNED DEVELOPMENT IN THE CITY OF TIGARD. WHEREAS, the approximate 3,485 square foot portion of the public right-of-way had previously been dedicated to the public;and WHEREAS,the applicant,Riverside Homes,has requested that the City of Tigard vacate an approximate 3,485 square foot portion of public right of way better known as SW 76th Avenue as described and shown in Exhibit A;and WHEREAS, the purpose for this vacation is to vacate an unimproved portion of SW 76th Avenue that is no longer needed for future public use;and WHEREAS, the vacation has been initiated by the applicant and approval has been recommended by the Planning Commission and by the Public Works Director with conditions;and WHEREAS, all affected service providers, including utility companies and emergency services, have reviewed this vacation proposal and the approved Elderberry Ridge Planned Development and either have no objections or have recommended specific conditions of approval which have been incorporated into this ordinance;and WHEREAS,notice has been mailed to all property owners abutting said vacation area and all property owners within the affected area,as described by ORS 271.080;and WHEREAS, in accordance with Tigard Municipal Code Section 15.08.120, notice of the public hearing was posted in the area to be vacated and published in the newspaper;and WHEREAS,the owners of the majority of the area affected have not objected in writing;and WHEREAS,the council having considered the request on March 7,2017,finds that it is in the public interest to approve the request to vacate that certain portion of public street right of way for SW 76th Avenue because the public interest will not be prejudiced by this vacation as provided by ORS 271.120 and Tigard Municipal Code Section 15.08.130. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby orders the vacation of that certain portion of public street right of way, as described on the attached Exhibit A (map and legal description of the area to vacated)and by this reference made part hereof. ORDINANCE No. 17- Page 1 SECTION 2: Said vacation is hereby conditioned and shall be effective 30 days after its passage by the Council,approval the Mayor and posting by the City Recorder. PASSED: By vote of all council members present after being read by number and title only,this day of ,2017. Carol A.Krager,City Recorder APPROVED: By Tigard City Council this day of ,2017. John L.Cook,Mayor Approved as to form: City Attorney Date ORDINANCE No. 17- Page 2 • •••,a -Nu , I lip N. s AA Fig F s;, i 76th Ave lir ..� a . i,d, '';,... .,,-4k,m , `v r � ''''''''•Pr. �, � � -- ROW Vacation - alk •„..;. ,4." , � -. • . 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Vacation # ....... { .11111 Area a1 . ii"......L311, ‘,, Fill `i Boundaries ..4.4..; .. / , . .,ALL- . .. „...... , ---.,,,- 11°ILIM 11 ,1, ...:,,..._: :11:: ,....t.'1 • "�err 1 .. e+ r c iiiv_ ai,llk 0 far . _ 4,41 ..I d NMI AMMO" , 1 ,i) .„4,0z.,, .,. ., .... ._ , • \ , , . , a. ,...... .. . .. , ,.. . ra,... ,(6,;4 ,,,,.. .� ' FFn 0.4 tiStitStl . ti aSOURCE. r G R M!P5 w011. off .,.. , . . .. _. .1 F.P.Mfr2.t.IC.21.1S Prciwts.I,LggW.AISWS me 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 ORE N L, JULY 25. 1990 GARY R. ANDERSON 2434 RENEWS: (2 i)///7._ J•\1306006 15\Survey\CAO\WORK\P01.106006 76TH UAC 20161005 dacx .• Sccle 1"=100' 0 I I I I I I \ F CI) I I 1 • 1 SW HANSEN LANE I I 200' Vacated R/W � I I i I � I � I I O � 1 � I - I I I � I I I I ffected Area Boundary D � EXHIBIT — Affected Area DATE Nov. 2016 DRAM BY (II WESTLAKE SW 76th Right—of—Way Vacation CHECKED BY KLS WNG:'N'8" BENSON ENGINIERING • SURVEYING • PUNNING ELDERBERRY Subdivision — Riverside Homes oe No. 0 frc ug..a . • Y •am l" TAT1306-006 City of Tigard TIGARD Memorandum To: Honorable Mayor& City Council From: Brian Rager,Public Works Director Re: Vacation of SW 76th Avenue VAC 2016-00002 Public Works Director Report Date: February 16,2017 The applicant,Riverside Homes,has requested,in accordance with Tigard Municipal Code (TMC) 15.08,vacation of a portion (3,485 square feet) of public right of way better known as SW 76th Avenue. Exhibit A to the ordinance is a map and legal description of the area proposed for vacation. This area is part of the Elderberry Ridge Planned Development (PDR2016-00009),approved by the city's Planning Commission on January 23, 2017. The vacation request (VAC2016-00002)is a separate action but related to the planned development. On the same date,January 23,2017, the Planning Commission voted to recommend approval of the vacation request to council. The Tigard Municipal Code (IMC) sets forth the process for review and approval of street vacations. Section 15.08.90 outlines the reports required by the Planning Director and Public Works Director. On January 23,2017, Planning Commission received the Planning Director's Report and voted to forward their recommendation of approval to the city council. The Public Works Director's Report hereby recommends council approve the requested street vacation,with conditions. The recommendation for approval is based on the following findings: • Effect on traffic,pedestrian and bicycle circulation—The right of way to be vacated, SW 76th Avenue,is unimproved and the topography is steep in this area. The extension of the street is not recommended due to the existence of 100-year flood plain, CWS vegetated corridor and Tigard significant wetlands, associated with Fanno Creek. (See Sensitive Areas Map) However,the Fanno Creek Trail will be constructed on the east side of the parcel and access for construction equipment and materials,in the short term, and bicyclists and pedestrians,in the long term,needs to be accommodated. As a condition of development,the applicant will be required to construct an access road that can be used for future construction of the Fanno Creek Trail segment located on this property that can then be used by trail users. The construction of this access is within Tract C,which also serves as access to home lots 19 and 20. Conditions require the applicant to design and construct an access for residential use (lots 19 and 20) and meet regional trail standards for that portion fronting the home lots. The applicant will also design and construct access down to the stormwater facility to support construction equipment for future trail construction and meet regional trail standards. The plans must be submitted to the city's Engineering Division for review and approval. The access road must be constructed prior to issuance of building permits. • Effect on the provision of fire and police service as related to increasing response time—The streets in the subdivision will be fully improved, designed to meet current engineering standards. The water system will be designed to provide adequate fire flow with hydrant placement approved by Tualatin Valley Fire &Rescue (TVFR). • Effect on drainage—The existing 16.74-acre site (Tax Map 2S112BD,Tax Lots 300, 400, 500, 600, 1500 and Tax Map 2S112CA,Tax Lot 100) is mostly undeveloped land. There are six existing structures on the properties and approximately 11 acres of the site are identified as sensitive lands per Tigard Development Code (IDC) 18.775. The proposed development will provide a complete public storm sewer system,water quality treatment and detention facility prior to discharging to Fanno Creek. The water quality treatment design meets the Clean Water Services standards. The City of Tigard does not require detention of runoff in this location due to its adjacency to Fanno Creek, but detention may be required by state and federal agencies. • Effect on the provision of utilities—The utility providers have been notified and provided the opportunity for comment. Northwest Natural (NWN) provided comments and expressed concerns about their ability to serve lots to the south in the future. The SW 76th Avenue right of way is currently their only route to serve Lots 300, 400 and others south in the future. The lots mentioned are part of the development and are not likely to be developed due to the sensitive areas over approximately 11 acres south of the proposed home sites (See Sensitive Areas Map). However,in an effort to preserve NWN's ability to serve the area south of the proposed vacation, the applicant shall provide a utility easement over Tract C and connecting to the existing 76th Avenue right- of-way. The easement will be for other utilities,if needed, and shall be 15 feet wide, minimum. See Utility Easement Map for proposed easement route. • Compliance with the comprehensive plan, transportation element—The proposed planned development provides a street network with suitable access to all developable properties in the area. The Transportation System Plan includes the Fanno Creek Trail alignment in this area and SW 76th Avenue was a potential alignment. The vacation of a portion (3,485 SW) of SW 76th Avenue will not allow a direct path from SW 76th Avenue down to the future trail. The applicant must provide an alternative access. • Compliance with the Capital Improvements Program (CIP) —The proposed local street right-of-way vacation is not identified for improvement in the capital program. It is not likely the right-of-way would be considered for improvement because of the flood plain,vegetated corridor and wetland resources (See Attachment 7 —Sensitive Areas Map). • Recommended conditions of approval, if any, shall be those conditions necessary to protect the public interest o Condition: The applicant shall provide plans and public access easements for construction of an access road that will serve lots 19 and 20, serve as a portion of the Fanno Creek Regional Trail and as access for future construction of the trail. The access road must be constructed as part of the applicant's Public Facilities Improvement Permit and prior to issuance of building permits. o Condition: The applicant shall provide an easement for utilities over Tract C and continuing west to connect to the existing SW 76th Avenue right of way. The easement shall be 15 feet wide. 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LOT _at �' II O ; ( t ji 22 u, 21m. ; >-§ L , > 0 LLJ e i I IANSEr4 1-44 j LOT LOT LOT LOT LOT Lm ' LOT ' IX i 1 I LOT LOT N t6 IS 7T f0 30 C, ,J j W 1 ( 1•_ , o _, 1 �. I. iii -..., --- --t,‘ w , , , i_ ,_ . , . . • a I 1-11- LOT - -1,- TRACT V ' ' Y V iesc' kl � � #S, Las 1 LOT I. I I ` -- 11 I • T °• , 4 is o ' I - • „ew.,,. ( s I I Lmi II I LOT r - , .1 I I LOT - . , - a LOT LOT : 4. I ! a I x LmEN STrti1Ca R '41aW iiII 1 . • . to s I ) RArN g i . . Eu.t�PR0U6b)- ' I P600 �. `°—os-oos i 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 staff 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 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 ommis 'on Secretary NIMST: President Fitzgerald January 23,2017 AGI I Page 8 of 8 CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done IN ■ II TIGARD EXHIBIT A Elderberry Ridge Planned Development Concept Plan and Detailed Plan Planning Commission Hearing Agenda Item #6 Community Development I January 23, 2017 CIT V O l� T ICI A R D Development Context � - ------------- J --/ Aunitu — i / Pot k VICINITY MAP ;Ni IA id' N ‘ — —' PDR 2106-00009 j l , SUB 2016-00007 _I'-'1 i, S SLR 2016-00008 _f _ Elderberry Ridge i j. I , • II i 1 - I I j Subject Site Q T . , V Is* ..'31' , 11""4"''"'' l'ir..AL 4141A r. I Ill' . .. . i _I .1 J ...I._7...J_. r I --� _!—t.:.i J , / . s' I � - " OOP=SO*,..wa.,�.san xwf I w a.n.a.a,a,yr m ee.nw,a I _ f I + .......'""'''-'7.-":...---=.:7.:...--- -+ � ..�Baa._...._ 3 uwnra.wr t- ri ..,. a o Few 334 -- _. ..... 1, ,yxa-o an • T I G A R D • Concept PlanDetailed Plan 6 ,. , ..... ===..,,,,... ..,......... .W r-, -, \ ---_i_ =y — 7 F k ;� ( IIS I I ". a27 •26,'25 'N - I_ -�--- -----,.-----• 1 II 21 NI 4,L2._.....4 . \. . P 1i!I1 _ 4 �]— 'y_ f 1 -/ * 12 0 N 16 61 i 1✓ 16 » 4'=44.4r —r_• I 1 i 1a 6 1-.. _, i ---- . Tract A-Open Space Tract 6Open Space • LJ 1i -. i — D..ly,at.d St•..t Bloats-or-Way Designated Str,y.rs„ty D.toct.J R...G.,tlal Lot. — 0,—rot5taaa.+...t..w a.r r.«t. - D..Ipnot.a Opr Soo.Tract - Erstrg r.aao Crow CITY O F TIGARD Staff Recommendation .0., r____; , Staff recommends the City Council take two actions tonight: 1 . The first, in favor of the - . _ proposed Concept Plan '......_ E...,T r ••":=-7"="" "_"` w ITO a a•iiip•2. 1i-- -•-__i - 2. The second, in favor of the .— ,-• = proposed Detailed Plan ' ` 1 IF n.+a.�re r..un..� I - I j_._i CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done TIGARD Elderberry Ridge Planned Development Concept Plan and Detailed Plan Planning Commission Hearing Agenda Item #6 Community Development I January 23, 2017 CITY OF TIGARD 89 Proposed vacation of a 3,485 square foot portion of : ,, , ,, , , ,, , 76th , / , 1 _, , Avenue right-of way ; , ��__ , , , , , . , , , , , , , . , 1- , ,r---200'-- 200 H Staff recommends the ► i r - v ,,,�, . I 1 Commission pass a motion recommending approval j1 ' to City Council. EXHIBIT — A`tected Arec - SW 7titr, 41gr,r-or way vcc3Ocn ,;, _ hl ILSTRICEi Rv0' �'� • �� a. un- W im— ..tip Exhibit B MEMORANDUM CITY OF TIGARD, OREGON DATE: 12/20/16 (Revised 1-18-17) TO: Gary Pagenstecher, Associate Planner FROM: Kim McMillan, Development Review Engineer RE: PDR2016-00009 Elderberry Ridge Access Management (Section 18.705.030.H) Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The applicant's traffic analysis report, prepared by Charbonneau Engineering, dated May 2016, addressed sight distance for the access from Tract D onto SW 79th Avenue. Sight distance of 280 feet is required and field review showed that over 350 feet of sightline is available. A final sight distance certification will be required prior to issuance of building permits. The sight distance at the intersection of SW 76th and 78th Avenues was not addressed. A preliminary sight distance certification will be required prior to issuance of permits. A final sight distance certification will be required prior to issuance of building permits. Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. This development does not have frontage along a collector or arterial street. Therefore, this criterion does not apply. ENGINEERING COMMENTS PAGE 1 Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. The proposed private street, Tract D, is more than 125 feet from SW Hansen Lane. This criterion is met. The spacing between SW Hansen Lane and SW 78th Avenue exceeds 125 feet. This criterion is met. Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Local streets to have a 54-foot right-of-way width and 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW 76th and 781h Avenues, and SW Hansen Lane, which are classified as local streets on the City of Tigard Transportation Plan Map. The site is also adjacent to SW 79th Avenue, which is classified as a Neighborhood Route with bike lanes. The applicant has proposed that SW 78th Avenue and SW Hansen Lane be local streets with a 50-foot right-of-way and 28 feet of paved width. This will allow parking on one side only. SW Hansen Lane and 78th Avenue are currently unimproved. In order to mitigate the impact from this development, the applicant should dedicate right-of-way to provide 50 feet and construct full street improvements, providing 28 feet of pavement between curbs. ENGINEERING COMMENTS PAGE 2 SW 79th Avenue is currently unimproved. In order to mitigate the impact from this development, the applicant should dedicate right-of-way to provide 29 feet from centerline and construct half-street improvements to provide 18 feet of pavement from centerline to allow for bike lanes. A minimum of 24 feet of pavement is required along the SW 79th Avenue frontage (18 feet east of centerline and a minimum of 6 feet west of centerline). A planter strip is required between curb and sidewalk and the applicant shall connect the proposed sidewalk to the sidewalk along Tax lot 7500 and to the south to the existing sidewalk constructed with the Gentle Woods subdivision. SW 761h Avenue is currently unimproved. In order to mitigate the impact from this development, the applicant should dedicate right-of-way to provide 27 feet from centerline and construct half-street improvements to provide 16 feet of pavement from centerline. A minimum of 24 feet of pavement is required along the SW 76th Avenue frontage. All street and frontage improvements must provide curb, planter strip, sidewalk, street trees, street lights and storm drainage. Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub streets in excess of 150 feet in length. The proposed development will complete the existing street network between SW 76th and 79th Avenues in this area. The applicant has applied for a street vacation for a portion of SW 761h Avenue right-of-way south the intersection of SW 76th Avenue and SW Hansen Lane. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street ENGINEERING COMMENTS PAGE 3 connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. The applicant has applied for a vacation of SW 76th Avenue right-of-way, south of SW Hansen Lane. There are existing wetlands and the flood plain of Fanno Creek which preclude the extension of SW 76th Avenue. However, the city of Tigard is developing the remaining portions of the Fanno Creek Trail. The trail will go through this area and the SW 76th Avenue has been identified as a route for the trail and for construction equipment access. The applicant may provide an approvable solution for a trail route and construction equipment access around Tract C. If such a solution is not viable the city will not support the vacation request. Cul-de-sacs: 18.810.030.L states that 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: • All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other than circular, shall be approved by the City Engineer; and • 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, and • 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. NA Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with ENGINEERING COMMENTS PAGE 4 grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. The proposed grades do not exceed 12%. This criterion is met. Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a development abuts or is traversed by an existing or proposed arterial or major collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: • A parallel access street along the arterial or major collector; • Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; • Screen planting at the rear or side property line to be contained in a non-access reservation along the arterial or major collector; or • Other treatment suitable to meet the objectives of this subsection; • If a lot has access to two streets with different classifications, primary access should be from the lower classification street. NA Private Streets: Section 18.810.030.T states that design standards for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. The applicant has proposed to construct a private street, Tract D, to serve 10 lots. The proposed section for the private street meets the standard width requirements. Street lights are required on the private street and shall be metered separately from the public system. The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private street(s). These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. ENGINEERING COMMENTS PAGE 5 Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.6.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of- way line except: • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; • For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. PLANNING Section 18.810.040.6.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. PLANNING Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. PLANNING Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. Lots 18 and 19 do not have adequate frontage meeting the 25 feet requirement. This criterion is NOT met. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Private streets and industrial streets shall have sidewalks on at least one side. ENGINEERING COMMENTS PAGE 6 The applicant's plans indicate the construction of sidewalks along all frontages, including the private street. Lots 18 and 19 are not served by a private street and do not have a sidewalk. The sidewalk along the SW 79th Avenue frontage must be extended both north and south to connect to existing sidewalk. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. The development will connect to the existing sewer line in SW 76th Avenue, with new sewer in the proposed street frontages and along the back of lots 11-17 to avoid sensitive areas in Tracts A and D. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). The existing storm system directs stormwater from the Brittany Meadows Subdivision thru the proposed site, then north along SW 76th Avenue, where it then discharges to Fanno Creek. ENGINEERING COMMENTS PAGE 7 Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. This development is located adjacent to Fanno Creek, therefore detention is not required by the city. However, if there are any other agency permits needed then detention may be required by that agency and those agency approvals must be provided to the Engineering Department prior to issuance of permits. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. SW 79th Avenue designated a Neighborhood Route with bike lanes. The applicant shall dedicate ROW to provide 29 feet from centerline. Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. The project frontage along SW 79th Avenue is 289 feet. The amount of the striping would be as follows: • 289 feet of 8-inch white stripe, at $2.50/If $722.50 • 1 Mono-directional reflective markers @ $4.00/ea $4.00 ENGINEERING COMMENTS PAGE 8 • 1 Bike lane legends @ $175/ea $175.00 • 1 Directional mini-arrows @ $100/ea $100.00 $1001.50 Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet. The bike lane shall be 6 feet wide. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under- grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case- by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under- grounding. ENGINEERING COMMENTS PAGE 9 There are existing overhead utility lines along the frontage of SW 79th Avenue. The lines shall be placed underground. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study Findings: A Traffic Analysis Report was prepared by Charbonneau Engineering, dated May 2016. According to the ITE Trip Generation manual the site will generate 409 trips per weekday. A total of 32 AM peak hour and 43 peak hour trips will be generated. The report recommends stop sign control be established on the newly constructed site access approach to SW 79thAvenue. Fire and Life Safety: The applicant's permit plan set will require approval from TVFR with regards to access and hydrant spacing. Public Water System: The city of Tigard provides service in this area. There are existing 8-inch lines that will serve this development. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to issuance of permits, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. ENGINEERING COMMENTS PAGE 10 Prior to the City accepting this facility as a public facility, the developer shall maintain it for a minimum of three years after construction is completed. The pond shall be placed in a tract and conveyed to the City on the final plat. The developer will be required to submit annual reports to the City which show what maintenance operations were conducted on the facility for that year. Once the three-year maintenance period is completed, the City will inspect the facility and make note of any problems that have arisen and require them to be resolved before the City will take over maintenance of the facility. In addition, the City will not take over maintenance of the facility unless 80 percent of the landscaping is established and healthy. If at any time during the maintenance period, the landscaping falls below the 80 percent level, the developer shall immediately reinstall all deficient planting at the next appropriate planting opportunity. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes ENGINEERING COMMENTS PAGE 11 in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. A 1200C Permit will be required. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to plat approval. For multi-tenant buildings, one address number is assigned to the building and then all tenant spaces are given suite numbers. The City is responsible for assigning the main address and suite numbers. This information is needed so that building permits for tenant improvements can be adequately tracked in the City's permit tracking system. Based upon the information provided by the applicant, this building will be a multi-tenant building. Prior to issuance of the site permit, the applicant shall provide a suite layout map so suite numbers can be assigned. The addressing fee will then be calculated based upon the number of suites that must be addressed. In multi-level structures, ground level suites shall have numbers preceded by a "1", second level suites shall have numbers preceded by a "2", etc. For this project, the addressing fee will be $2250.00 (42 lots and/or tracts X $50/address = $2100.00). The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. Survey Requirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other ENGINEERING COMMENTS PAGE 12 water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this project to cover and any other work in the public right-of-way. Six (6/) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard-or.gov). The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a full-street improvement along SW Hansen and SW 78th. The improvements adjacent to this site shall include: A. City standard pavement section for a local street from curb to curb equal to 28 feet, with a 50-foot ROW; ENGINEERING COMMENTS PAGE 13 B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5-foot concrete sidewalk with a 5-foot planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; underground utilities; J. street signs (if applicable); K. driveway apron (if applicable). The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct half-street improvements along the frontage of SW 76th. The improvements adjacent to this site shall include: A. City standard pavement section for a local street from curb to curb equal to 32 feet, with a 54-foot ROW; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5-foot concrete sidewalk with a 5-foot planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; I. underground utilities; J. street signs (if applicable); K. driveway apron (if applicable). The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct half-street improvements along the frontage of SW 79th, a neighborhood route. The improvements adjacent to this site shall include: A. City standard pavement section for a local street from curb to centerline equal to 18 feet, with 6-foot bike lane and 24 feet of travel lane minimum total, with a 58-foot ROW, minimum of 29 feet from centerline; ENGINEERING COMMENTS PAGE 14 B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5 foot concrete sidewalk with a 5 foot planter strip, the applicant's plans shall be revised to provide the planter between the curb and sidewalk. In addition, the applicant shall extend sidewalk north to connect to existing sidewalk; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; I. underground utilities; J. street signs (if applicable); K. driveway apron (if applicable). The applicant's construction drawings shall show that the pavement and rock section for the proposed private street(s) shall meet the City's public street standard for a local residential street. Street lights are required on the private street and shall be metered separately from the public system. The applicant shall establish stop sign control on the newly constructed site access approach to SW 79th Avenue, as recommended in the Traffic Analysis Report prepared by Charbonneau Engineering, dated May 2016. All other recommendations shall be incorporated, as well. Sanitary sewer and storm drainage details shall be provided as part of the Public Facility Improvement (PFI) permit plans. Calculations and a topographic map of the storm drainage basin and sanitary sewer service area shall be provided as a supplement to the Public Facility Improvement (PFI) permit plans. Calculations shall be based on full development of the serviceable area. The location and capacity of existing, proposed, and future lines shall be addressed. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. ENGINEERING COMMENTS PAGE 15 The applicant shall provide an on-site water quality facility as required by Clean Water Services Design and Construction Standards (adopted by Resolution and Order No. 00-7). Final plans and calculations shall be submitted to the Engineering Department (Kim McMillan) for review and approval prior to issuance of the site permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. The applicant shall provide a maintenance access road to the facility and any drainage structures within the facility to accommodate City maintenance vehicles. The access road shall be paved and have a structural section capable of accommodating a 50,000-pound vehicle. The paved width shall be a minimum of 10 feet wide, and there shall be two-foot rock shoulders provided on each side. If the maintenance roadway is over 150 feet in length, a turnaround shall be provided. Prior to issuance of permits, the applicant shall provide Corps of Engineers approval of the detention facility to the Engineering Department. The applicant shall provide an approvable trail route to accommodate the Fanno Creek Trail and construction equipment in lieu of SW 76th Avenue ROW. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, current edition." A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The applicant shall incorporate the recommendations from the submitted geotechnical report by GeoPacific Engineering, Inc, dated May 22, 2016, into the final grading plan. The geotechnical engineer shall be employed by the applicant throughout the entire construction period to ensure that all grading, including cuts and fills, are constructed in accordance with the approved plan and Appendix Chapter 33 of the UBC. A final construction supervision report shall be filed with the Engineering Department prior to issuance of building permits. ENGINEERING COMMENTS PAGE 16 The design engineer shall indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. The final construction plans shall be signed by the geotechnical engineer to ensure that they have reviewed and approved the plans. The geotechnical engineer shall also sign the as-built grading plan at the end of the project. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: . Prior to plat approval, the applicant shall pay $ 1001.50 to the City for the striping of the bike lane along the frontage of SW 791h Avenue. . The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22) as recorded in Washington County survey records. These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. Prior to plat approval, the applicant shall pay the addressing fee in the amount of $2100.00. Prior to plat approval, the applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private street(s). These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. The City's public ENGINEERING COMMENTS PAGE 17 improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. Prior to plat approval, the applicant shall form an HOA for the maintenance of the private street and sensitive areas and tracts. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public improvements substantially complete. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all local residential streets have at least one lift of asphalt, 3) any off-site street and/or utility improvements are substantially completed, and 4) all street lights are installed and ready to be energized. Prior to issuance of building permits the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. The applicant shall place the existing overhead utility lines along SW 79th Avenue underground as a part of this project. Prior to issuance of the building permit, the applicant shall pay the fee in- lieu of constructing an on-site water quantity facility. The fee is based on the total area of new impervious surfaces in the proposed development. ENGINEERING COMMENTS PAGE 18 STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set: 1. All centerline-centerline intersection points; 2. All cul-de-sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.810 Street & Utility Improvement Standards: 18.810.120 Utilities All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface-mounted transformers, surface-mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Bond Required All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. ENGINEERING COMMENTS PAGE 19 Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. ENGINEERING COMMENTS PAGE 20 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.B.2.e.) F Copy of Pre-Application Notes G Stormwater Report and Calculations H Geotechnical Report I Urban Forestry Plan 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. I 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 76th 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 2S112CA 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 111 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 11 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 III 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(ExhibitA(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 III 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 Ill applications shall be made on forms provided by the director as provided by 18.39O.08O.E.1. 2. Content. Type III 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. 8. 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. esemmummenensmsmek Elderberry Ridge Subdivision-14775 SW 76`"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. 8. 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 stormwater 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. mmesesew 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 stormwater conveyance on the basis that a reduction of stormwater 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 fora 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 76th 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 76th 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 I1 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 ll 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 76t 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. Adiustments. 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 8 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 18.715.020.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 18.715.020.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 8. 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. 8. 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. 15ft. -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 76"'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 41 Elderberry Ridge Subdivision-14775 SW 76th 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. B. 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 76th 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 or 2 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 76th 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. 8. 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. 8. 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. 8. 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 76`"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 II), planned development (Type Ill),site development review(Type II)and subdivision(Type II and Ill)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. B. 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) MAXIMUMIl1 MINIMUM ZONE A ZONE 8 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 storm water 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 ll 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.O1O.G.4 slopes exceeding 25% are classified as sensitive lands. As per Subsection 18.775.O2O.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 18.775.020.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 18.775.020.E 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 76th 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.B. 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.O30.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 7e 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 79`h 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 WESTIAKE 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. B. 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-sizing. 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 undergroundinp 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 undergroundinp. 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 76"Ave.Tigard,OR 97224 WESTLAKE CONSULTANTS,Inc. 51 AIS-3033 6. Business Meeting One Meeting Date: 03/07/2017 Length (in minutes): 5 Minutes Agenda Title: Consider an Ordinance to Name a Street at Ash/Burnham Development Prepared For: Sean Farrelly, Community Development Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Ordinance Business Meeting - Main Public Hearing: No Publication Date: Information ISSUE Shall council consider approval of an ordinance to name the newly created public street at the Ash/Burnham development? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends approval of the ordinance. KEY FACTS AND INFORMATION SUMMARY The developers of the mixed use "Attwell off Main" project on the corner of Ash Ave and Burnham Street, built a segment of a street called for in the Tigard Transportation System Plan/Downtown Connectivity Plan. The developers have proposed the name "SW Attwell Place" for the street. Street names are registered with Washington County Surveyor. The usual protocol for naming streets is for the name to be included in the dedication of right-of-way when recorded at Washington County. When the developers dedicated the ROW in November 2015, the name was not included. As the Tigard Municipal Code does not call out a specific process to name streets, Washington County is requesting that an ordinance be enacted by the Tigard City Council officially designating the street as " SW Attwell Place." OTHER ALTERNATIVES Council could decide to not pass the ordinance and not name the street "SW Attwell Place." COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS City Center Urban Renewal Plan Transportation System Plan: Downtown Connectivity Plan DATES OF PREVIOUS COUNCIL CONSIDERATION April 14, 2015 - A resolution authorized the CCDA Executive Director to execute a Development Agreement to develop a mixed use project at the corner of SW Ash Avenue and SW Burnham Street. September 1, 2015 Burnham and Ash Redevelopment Design & Permitting Update to council. Attachments Attwell Place Ordinance Exhibit A-Map CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 17- AN ORDINANCE NAMING AN UNNAMED PUBLIC RIGHT-OF-WAY"SW ATTWELL PLACE" WHEREAS, April 14, 2015 the City Council authorized the CCDA Executive Director to execute a Development and Disposition Agreement to develop a mixed use project at the corner of SW Ash Avenue and Burnham Street;and WHEREAS, the development induded the construction of a street segment as planned in the Transportation System Plan;and WHEREAS, the name "SW Attwell Place" has been proposed for unnamed public right-of-way as shown in Attachment A;and WHEREAS,Washington County requires a street name to be included in the right-of-way deed dedication or for the City to officially designate a street name. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The unnamed public right-of-way as shown on Attachment A attached hereto,shall be named"SW Attwell Place";and SECTION 2: The City Engineer is hereby instructed to amend the official City maps to reflect the new street name and to take all steps necessary to implement the new street name. SECTION 3: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By _vote of all council members present after being read by number and title only,this day of ,2017. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2017. John L.Cook,Mayor Approved as to form: City Attorney ORDINANCE No. 17- Page 1 Date ORDINANCE No. 17- Page 2 ATTACHMENT A UNNAMED RIGHT OF WAY TO: SW ATTWELL PLACE 6G "Pti ?'s 9� A< 0 AIS-3022 7. Business Meeting One Meeting Date: 03/07/2017 Length (in minutes): 25 Minutes Agenda Title: Consider Adoption of City Council Goals 2017-2019 Prepared For: Marty Wine 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 Review and consider adopting City Council Goals for 2017-2019. STAFF RECOMMENDATION / ACTION REQUEST Review and consider adopting City Council Goals for 2017-2019. KEY FACTS AND INFORMATION SUMMARY On January 23, the City Council met in a goal setting session focused on 2017-2019. The facilitated discussion included an inventory of possible issues as priorities that were previously identified to the facilitator in individual interviews with the City Council. Every two years, the Tigard City Council sets goals for its priorities for Council attention and action. The criteria for setting goals that the Council agreed on included: a policy-level focus; two-year timeframe; limit impacts on core service delivery;implement the strategic plan; be achievable; and that goals would benefit the whole. Through its discussion, the City Council agreed that it would focus its attention and action over the next two years in six areas (in no particular order): Advance a Local Option Levy and Facilities Bond to Voters to Increase Resources and Space for Day-to-Day City Services Expand Recreation Opportunities for the People of Tigard Make Downtown Tigard a Place Where People Want to Be Pursue Development of Light Rail Along the Southwest Corridor Implement Tigard Triangle Strategic Plan Annex Territory into the City The goal-setting session was facilitated by Erik Jensen and Jeff Aprati of Jensen Strategies, and the goal-setting report from the meeting is attached. A draft of potential goals that also includes key milestones in each area (drafted and provided by city staff) is presented for Council consideration. The column titled "Estimated Timeline" refers to the actions below it that are expected to be achieved as part of that goal. OTHER ALTERNATIVES City Council may: - Choose to amend these goals for the next two-year period. - Develop alternative goals for adoption. - Not adopt Council Goals. COUNCIL OR CCDA GOALS, POLICIES, MASTER PLANS DATES OF PREVIOUS CONSIDERATION 2015-2017 Council Goals were adopted on January 27, 2015. Attachments Jensen Report 2017-19 Council Goals draft . , t .`• ::;.,‘. _,.. moi(.. --_-_411. 1 �^ �� r* II, Welrnntt 111 ' -� —dr TIGARD `a�� ,. _ 1.. _ ��Ii • to(1111 lam . ;:t • is T .t. qillt ! 7 ' .- - :-.7.'''''.' Itir*AeP, -4140- ,ilit -411t.,4‘ t tti.k,t ^ ,- _ 1 j1( < ti 1111 pi, . . 1 , , . lir r. 4 Mu .. imr, gili_ ittiall 40: 1 i - Li� !. I COUNCIL GROUNDRULES AND GOAL SETTING SUMMARY PREPARED FOR: CITY OF TIGARD BY JENSEN STRATEGIES, LLC FEBRUARY 2017 TABLE OF CONTENTS INTRODUCTION 1 GROUNDRULES 1 ADMINISTRATIVE PROCEDURES 1 COUNCIL GROUNDRULES 3 BOARD/COMMISSION ASSIGNMENTS 4 COUNCIL GOALS 4 GOALS FOR CONSIDERATION 4 GOAL SETTING CRITERIA 6 FINAL GOALS FOR 2017-2019 7 APPENDIX A: BOARD/COMMISSION ASSIGNMENTS 9 INTRODUCTION Following the 2016 general election, the Tigard City Council began its biannual process of updating its Council Groundules and Goals for the subsequent two-year period. This was accomplished at Council meetings held on November 29, 2016 and January 23, 2017, respectively. The City retained Jensen Strategies (consultant) to facilitate the process. The consultant began by interviewing all members of the Council, soliciting their opinions and perspectives on the current state and direction of the City, challenges and opportunities, and preliminary input concerning the Groundrules and Goals. The consultant then structured both meetings based upon the input received in the interviews, in consultation with senior City officials. GROUNDRULES The focus of the Groundrules meeting was to discuss potential amendments to (1) selected administrative procedures; (2) the City Council Groundrules; and (3) Council Board / Commission assignments. All decisions made by the Council were by consensus. ADMINISTRATIVE PROCEDURES Administrative procedures discussed by the Council consisted of general policies and practices affecting Council operations. The amendments made reflected the Council's overall desire to increase its operational efficiency and ensure that Councilors are as effective in their roles as possible. The administrative procedure changes are listed below: Meeting Days The Council agreed to discontinue its practice of holding monthly City Center Development Agency (CCDA) meetings on separate days from regular Council meetings. Instead, the Council will conduct CCDA business on regular Council business meeting days, which will now include the first Tuesday of each month. ** Staff will research the feasibility of instituting television broadcasting for first- Tuesday meetings. 2017 Tigard Council Groundrules and Goal Setting Summary 1 Jensen Strategies, LLC CouncilMail The Council agreed to retain the website function allowing citizens to send emails to all Councilors as a group. They asked that email addresses of message senders be made available to facilitate their ability to respond individually. In addition, they requested email system changes to ensure Councilors do not receive multiple copies of messages. Approach to Staff Contacts Councilors affirmed that requests of staff should be directed through the City Manager, Assistant City Manager, or Department Heads. They also prescribed applicable changes to the Groundrules, as detailed below. Travel Policy The Council agreed upon the following amendments to the Council Travel Policy: • Allow Councilors to accrue airline miles when traveling on City business. This change will allow for savings such as no-cost Wi-Fi in hotel rooms. • Eliminate the existing 50-mile radius requirement for overnight accommodations and instead rely solely on applicable IRS policies. • Stipulate that parking expenses are separate from Council stipends. • Councilors will inform staff of cases in which catered receptions did not qualify as actual meals. • The term "official hotel" should include backup hotels designated for a conference event. • Taxi or ride share (e.g. Uber) expenses should not be designated as "incidental expenses." • Councilors should have the option to make travel arrangements themselves and submit for reimbursement. • The possibility of increasing the Council's travel budget was discussed and recommended it receive review through the budget process. ** Staff will research the possibility of reimbursement for spouses at local official events, and the possible impacts regarding Oregon ethics laws. ** Staff will research the acceptability of reimbursing recreation expenses (e.g. golf tournaments) if they are an integral part of an official event. ** Staff will research the acceptability of third-party public organizations paying for Council travel /conference fee expenses. 2017 Tigard Council Groundrules and Goal Setting Summary 2 Jensen Strategies, LLC Two-Pass Rule The Council determined that the existing two-pass rule for contracts and agreements is no longer necessary. Going forward, contracts and agreements can be passed in a single meeting, but they cannot be placed on the consent agenda. The Council also noted their option for a majority to request any item to receive a second review. ** Staff agreed to avoid placing such contracts and agreements on the agenda without sufficient time for review, and to notify the Council if an upcoming contract or agreement is urgent. Request Tracking Staff informed the Council that requests from citizens and Councilors are being tracked in several matrices. ** Staff committed to proactively provide these matrices to the Council on a regular basis. COUNCIL GROUNDRULES In its Groundrules discussion, the Council proceeded systematically through the four Groundrules categories, namely (1) Mandates, which are not discretionary; (2) Processes and Procedures, which are the rules the Council sets to manage its own business; (3) Mutual Expectations, consisting of agreements and understandings among Councilors concerning behavior; and (4) General Guidelines, which are general rules of courtesy and respect. Their amendments were as follows: Mandates The first bullet point in this section should read: "In no case should Councilors direct the work of staff," and the rest of the existing sentence should be deleted. The sixth bullet point should be replaced with a statement affirming that with regard to gifts, services, or other special considerations, Council members are subject to the requirements of Oregon ethics laws. ** Staff will research and propose amended language regarding conflicts of interest and Councilors' requirement to "excuse themselves from participating in decisions." Processes and Procedures No changes. 2017 Tigard Council Groundruies and Goal Setting Summary 3 Jensen Strategies, LLC Mutual Expectations The second bullet under the "Use of Electronic Communications Devices During Council Meetings" section should be eliminated. General Guidelines The text in the fifth and sixth bullets should be combined into one bullet point to read: "Councilors are encouraged to take issues to the City Manager first, giving as much information as possible to ensure a thorough response. In the absence of the City Manager, Councilors are encouraged to contact the Assistant City Manager. In the absence of both the City Manager and the Assistant City Manager, Councilors are encouraged to contact the Department Head, realizing that the Department Head will discuss any such inquiries with the City Manager." This point should be moved to the Mandates section as the second item. BOARD / COMMISSION ASSIGNMENTS Councilors engaged in a process of selecting the boards and/or commissions to which each will be assigned as liaisons for 2017, per the Groundrules. The matrix containing the details these board / commission assignments is attached as Appendix A. COUNCIL GOALS The meeting to discuss the Council Goals was designed as an opportunity for Councilors to consider the City's long-term objectives and the necessary strategies to achieve these ends. As stated above, preliminary goal proposals were gathered by the consultant during interviews with the Councilors prior to the meeting. GOALS FOR CONSIDERATION To facilitate the goal setting process at the meeting, the consultant provided a goal prioritization worksheet. The worksheet divided the topics into three groups: (1) existing Council Goals from the 2015-2017 biennium, (2) topics identified in 2016 for further discussion and consideration by the Council, and (3) new goal ideas gleaned from the consultant's interview process. The complete list of goal suggestions is below: Existing 2015-2017 Council Goals 1. Provide recreation opportunities for the people of Tigard 2017 Tigard Council Groundrules and Goal Setting Summary 4 Jensen Strategies, LLC 2. Make downtown Tigard a place where people want to be 3. Implement Tigard triangle strategic plan 4. Enable groundbreaking in river terrace by summer 2015 5. Expand opportunities to engage people in the community 6. Define and establish the City's role in addressing homelessness, mental health, and drug addiction 2016 Issues Noted for Further Discussion 7. Pacific Highway— congestion and aesthetics 8. Annexation 9. Charter review 10.Future possible ballot measures 11.Strategic Plan updates 12.Sustainability New Goal Ideas to Consider 13.Advance local option levy 14.Advance voter-approved bond for facilities 15.Strategic Plan advancement: walkability, healthy, connected 16.Southwest Corridor 17.Affordable housing 18.Sidewalks/pedestrian connections program 19.Diversity, cultural inclusion 20.Park development (funding, plaza, yet-undeveloped properties) 21.Other community engagement 22.South River Terrace UGB expansion 2017 Tigard Council Groundrules and Goal Setting Summary 5 Jensen Strategies, LLC GOAL SETTING CRITERIA To provide additional structure to its deliberative process, the Council agreed to employ the following criteria when forming its goals: Policy-level focus Reflecting its role as the policy-making bode for the City, Council goals should set a high-level direction for the City and be focused on outcomes rather than operational specifics. Two-year timeframe The Council sets its goals for a two-year biennium. Goals should be achievable in that time frame, and should also avoid mid-term deadlines. Limit impacts on core service delivery The City provides numerous basic services for residents, including street maintenance, water service, and library services. New policy goals should be structured to limit adverse impacts on these existing functions. Implement the Strategic Plan Tigard adopted a Strategic Plan in 2014 that envisioned the City becoming "the most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives." Council goals should further the objectives of the Strategic Plan. Achievable Goals should have a realistic chance of being achieved. Benefit the whole Goals should be designed to benefit residents generally, rather than one particular segment of the community. 2017 Tigard Council Groundrules and Goal Setting Summary 6 Jensen Strategies, LLC FINAL GOALS FOR 2017-2019 Employing the above criteria, each Councilor selected their top three proposed goals. The consultant then assisted the Council in identifying the points of agreement and narrowing the focus to a list of six final goals for adoption, along with several sub-points to further clarify the Council's intent and priorities. The final goals are as follows: 1. Advance a Local Option Levy and Bond to Maintain Funding for Core Service Delivery. 2. Expand Recreation Opportunities for the People of Tigard. • Implement the recommendations of the Recreation Program Study. • Pursue opportunities for partnerships with other organizations. 3. Make Downtown Tigard a Place Where People Want to Be. • Make Downtown Tigard a livable community with something to offer residents 18 hours a day, 7 days a week; develop housing units within Downtown. • Identify property and develop the Downtown Plaza. 4. Annex Territory into the City. • Prioritize annexation of islands. • Develop a strategy for communication and outreach to residents, with the Council taking the lead. • Develop a strategy for future annexations. 5. Implement the Tigard Triangle Strategic Plan. • Update as appropriate, and include milestones for accomplishment 2017 Tigard Council Groundrules and Goal Setting Summary 7 Jensen Strategies, LLC 6. Pursue Transit Development Along the Southwest Corridor. • Prioritize these elements: o Rail crossing at Ash Avenue o Development of two light rail stations Downtown o Construction of a park and ride structure Downtown 2017 Tigard Council Groundrules and Goal Setting Summary 8 Jensen Strategies, LLC Appendix A: Board / Commission Assignments Current 2017 Committee Name Current Assignment Current Alternate 2017 Assignment 2017 Alternate Audit Committee Snider None Snider none Budget Committee All Council None All Council none Budget Subcommittee-Events All Council None All Council none City Center Development Agency All Council None All Council none Clackamas River Water Providers n/a n/a tbd n/a CDBG Policy Advisory Board Goodhouse Lina Smith Goodhouse Lina Smith Intergovernmental Water Board Woodard Goodhouse Woodard Goodhouse Metro Joint Policy Advisory Beaverton Mayor Cornelius Mayor Beaverton Mayor Cornelius Mayor Commission on Transportation Doyle Dalin Doyle Dalin Mayor's Appointment Advisory Committee Cook (applicable Councilor) Cook (applicable Councilor) Metropolitan Area Communications Commission Woodard Louis Sears Woodard Louis Sears Regional Water Providers Consortium Henderson None Anderson None SW Corridor Plan Steering Committee Cook Goodhouse Cook Goodhouse Tigard-LO Joint Water Partnership Oversight Committee Cook/Snider n/a Cook/Snider n/a Washington County Coordinating Committee Cook Goodhouse Cook Woodard Westside Economic Alliance Cook Goodhouse Cook Goodhouse Willamette River Water Coalition Henderson Goodhouse Goodhouse Snider 2017 Tigard Council Groundrules and Goal Setting Summary 9 Jensen Strategies, LLC Current 2017 Committee Name Current Assignment Current Alternate 2017 Assignment 2017 Alternate City Center Advisory Commission Henderson Goodhouse Goodhouse Anderson Urban Renewal Funding Selection Goodhouse/ Goodhouse/ Subcommittee Henderson Snider Anderson Snider Library Board Snider None Snider none Neighborhood Involvement Committee(soon to become Community Engagement Committee) Goodhouse Snider Woodard Snider Park&Recreation Advisory Board Snider Woodard Anderson Woodard Planning Commission Goodhouse Snider Anderson Snider Tigard Transportation Advisory Committee Woodard Goodhouse Woodard Goodhouse Youth Advisory Council Henderson Cook Goodhouse Cook Staff Transportation Strategy Team Cook/Woodard none Development Advisory Committee Snider none Homelessness Task Force Anderson Snider 2017 Tigard Council Groundrules and Goal Setting Summary Jensen Strategies, LLC 2017-2019 Tigard City Council Goals Priorities for Council Attention and Action (Criteria for goals include: a policy-level focus;two-year timeframe;limit impacts on core service delivery;implement the strategic plan; be achievable;and benefit the whole) Advance a Local Option Levy and Facilities Bond to Voters to Increase Resources and Space for Day-to-Day City Services. 'Gf Objectives ; 'f'::;:.. Estimated Timeline • Develop key messages to inform/educate the public ..z ut city services and funding challenges for outreach eft... ;,`' March 2017 • Develop and administer a second communi ,;Y:; r.< . or fo groups to test key messages for levy suppo,>�� '•, Mid-March 2017 • Launch a comprehensive outreach cam► <• to inf E. and • er2017 educate the community about specifi " `' • challe ;>es • Develop and administer a third community ey • fo ' s Sep ber 2017 groups that tests support for .cal option le • Quarterly briefings with City C•' `'i';;. to plan for l ;option May,A st and 741:1„. levy '`' • Using findings from completed ou ,.. October 2017 • r��:, . search, . ':;$: `'>�`-' ' October 2017 local option levy es for cou > conga ••• :'•n • Present local o•; 'on le '' >.ssibilities f• : council re�:;'`'`` ; November 2017 decision abo « e• r to '> sue a local ;.tion le on the f May 2018 ballot ;i k:; f: November 2017 to • La aasf ..on an. >.rm <r :- le "o osal May 2018 • F •allot me: ,,with Ve?$'1>:: ingtori` > :"'` ty for May election March 2018 vF Expand ` < eation Op rtunl ies for the People of Tigard. Objectives ', i% Estimated Timeline Continue to imp ; - t ci ecreation program in 2017-18 and 2018-19 adopted b yf�l • Continue to < '.lement recommendations of the Recreation Program Study from 2013 • Pilot for after school programming at Metzger FY 2017-18 • Add additional afterschool programs at other schools FY 2018-19 • Expand programs and classes with outside providers • Expand outdoor events (movies, concerts,pop-ups in the park) • Offer indoor events and programming using Fanno Creek Page 11 Draft-Revised February 2017 House, Dirksen modular facility and school facilities Continue to pursue feasibility of partnership opportunities with other cities and organizations. • Discuss partnerships with the Tigard-Tualatin School District including programming and facilities at Templeton, Spring 2017 Metzger,Alberta Rider, Tigard High School, and Art Rutkin sites • Form a Recreation Task Force made up of PRAB members to evaluate recreation partnerships and make Spring to Fall 2017 recommendations to Council,including: o Explore partnership opportunities with the ci.:<<':y+f Sherwood,Tualatin and Wilsonville rj; o Prepare a white paper about recreatio • o Suggest recreation-related question or th- 117 Community Attitudes Survey Make Downtown Tigard a Place Where ' `«'p.< Int to Be. Objectives %``" Estimated Timeline Focus on identifying and acquiring ► '; r and develo • the Downtown Plaza. • Design and dev- +.. Tigard Stre tai' ;:;::::,.• head t'aza as a gatherir . i. event spa • Complet n. and eering fo ain Str, at Fanno Creek publics,`;:;-. • Ev. ........- location :::: ''+' '<::::::...za/pubh` : `'ace, including N,...1�.owntown Ti 'vabl=`` ;�� nity with something to offer rents 18 hours a< `::;.., 7 da":'''week;develop housing units wi "<`>:110 owntown. • Com.:;:::;- cleanup a ` redevelopment of the Main Street at Fanno .rope into a mixed use building and public Design FY 2018-19 space • Complete Me '' grant funded pre-development projects to attract new housing/mixed use development,including affordable housing, and engage with developers • Build the capacity of the Tigard Downtown Alliance to produce programs and projects that meet the Council goal • Work with a range of community groups to design and Design FY 2017-18 program the Tigard Street Heritage Trail • Enable existing businesses to improve their properties and attract new businesses to vacant buildings through the P a o f, 2 Draft-Revised February 2017 Urban Renewal Improvement Matching Grant Program • Partner with the TDA to pursue Oregon Main Street grant funding for property improvements. Implement Downtown Projects. • Main Street Green Street Phase II • Tigard Street Trail Design 2019 FY 2017-18 • Fanno and Main Pursue DevelopmentLightgo of Rail Alon theS ;<f°wes` Corridor. .x., Objectives ;>fr.. Estimated Timeline Advocate for Light Rail to come to Downtown • Support request to the State Legisla - or$1` I in state a dor Pro'< > :: lottery funding for the Southwest J t. '�� .. 7 State Legislative • Support legislation to grant the Metro cil au '.::? 'ty to Se`> : > consolidate multijurisdictional land use a ;.s ''` of '$ g the SW Corridor into a s' decision and _':-:dited land use appeal process. Adopt a Locally Preferred Alternative ' PA"'''>''€'• 8 that a. `' es Tigard's land use and . ::;f#:;*.ortation pri '.'., •s: Spring 2018 • Direct seto do s'"::.wn Tigar. Direction needed • Vehicle . '� `<:; strian-::tossing at As :.Avenue'..., Winter 2017 • Development o f,ee > ail stations ding one • and �% the J ri. e `i' ' fac >-s in do n, the Triangle, or • .tructure. �.:: g districts, - ma• { ble for short-term public f> eking (non co ters) • I mentation of :;;:• ed I'' estment Strategy projects that enha :' i the walkab'S ' and connectivity of the community f near tra" stationsr • Constructi�:_:.h„=:: : dable housing in the Triangle and n downtown ansit stations,including replacement housing for”' risk"units due to SWC light rail construction concurrent with,or prior to,light rail construction • Mitigation and enhancement of sensitive lands, congested intersections, and other community assets due to light rail construction and operation. • Adoption of design standards and guidelines in TMC Title 18 to ensure that the quality of light rail components meet a Page 3 I Draft-Revised February 2017 high standard of urban design. • Effective outreach and communication with impacted neighborhoods. Environmental justice for low-income or non-English speaking residents for whom impacts are most disruptive. • Effective outreach and communication with impacted businesses. Economic development support for displaced or impacted Tigard businesses. • Execution of an intergovernmental agreement with T , fit for Services Related to Design Review,Permitting, :'re. Parking and Facilitation of Affordable Housing `f; Winter 2018 • Participation on a Sustainable City Year Pro. ; mu ~rri Fr C• jurisdictional team to support City of Ti• - ,. `.s in the"<> ;; SWC. % / i' ::;?. Implement Tigard Triangle Strategic P14' u; ' /F Objectives : ff.:l Ni, Estimated Timeline ve Consider Lean Code and Plan Ame 11 : ..::41:i .... September 2017 • Community Development Co. - ;;F, ::.>; • Zoning Map ,.,*:, s;. • Transporta:;: " Ian f ''''"f;;.. '' Infrastructure P • Citywide Sto er Plan End of FY 2018-19 Develr.':;F' ent o .. g • r€' Establish Urb. :;;' -new. <: ,...ency—public vote on UR plan May 2017 ;!Ai 1 '',/,../' Annex Te``'4; sty into thy' ity. Objectives • :. firEstimated Timeline Prioritize annexa. >}_3_f i ds including a strategy and incentives. • Review over.,; ''.roject approach, draft letter to island March 2017 residents, outreach plan, potential incentives and legal process with council— 1St week in March, 2017 • Schedule and conduct small group meetings/conversations, April 2017 identify incentives—March—April, 2017. • Follow-up on incentives, develop schedule for hearings and May to July 2017 final action—May—July 2017. • Develop a strategy for communication and outreach to October to December 2017 P a s e 4 I Draft-Revised February 2017 residents, with the Council in the lead for outreach. • Develop a strategy for future anneaonso£the remaining January to July 2018 Urban Growth Boundary (UGB). • Beginning July, 2018 develop a wo k plan for fumr annexations o£the UGB. Inbud dates and deadlines fr needed smdie and ouRec. Id Identify logical phasing options. Present work plan to council b thee d of 20 & Issuesf£ Fu�herCounClDiscusSOS Discussion and Py�rection �q Topics be scheduled for workshop meetings /® ,a�. and sessions in 2017-18 , • Affordable Housing consider addition r e\ m or pick::,.. initiatives§ \ . • Reports on Task Force on Homde =s . • PlnfrCouncilGoals inn 1-0a .. y : o Urban Growth Boundary£xasiye...°' c South . o Pedestrian Gonne§o s Sidewalks, P: z and Tr S prog p \ . \ 'may . . -••:,-:"::..- » 4 :w • y• :�. V. y f > \ ~®/2 d:.:.:;.bw y ~9. y \ a ..::W.. .. P61 5 I Draft-RevisedFbag 2017 City of Tigard, Oregon Affidavit of Posting1111 In the Matter of the Proposed Ordinance(s) T I Ci A R D STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, -e.I11 lvrrc pp-, ,being first duly sworn,by oath, depose and say: I posted in the following public and conspicuous places, a copy of Ordinance Number(s) 1'7-03 tri`©4 `i-'1 ;dS which were adopted at the City Council meeting of -Marc)),, 7, 2©t7, on the 7 day of /Yl et,rcJ1 , 20 1-7 . 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd.,Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd.,Tigard, Oregon r \ Signature of P son who Pe' orm,d Posting Subscribed and sworn before me this $ 'Clay of 4 e4.4 c- , 20 17 by Kett(--k g LA Y-30.5 V"-Q . LtCAROL ANN KRAGER NOTARY PUBL{C 6.=C4).N l/ �`�� COMMISSION NNotary Public-State of Oregon (43' MY COMMISSION EXPIRES FEBRUARY 10 2 02 I.WDM\CITY RECORDERS\FORMS\AFFIDAVIT OF POSTING-ORDINANCE.DOC