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City Council Packet - 11/28/2017 INCity of Tigard TIGARD Tigard Business Meeting—Agenda -. TIGARD CITY COUNCIL MEETING DATE AND TIME: November 28,2017 - 6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available,ask to be recognized by the Mayor at the beginning of that agenda item. Citizen Communication items are asked to be two minutes or less.Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated;it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-718-2419, (voice) or 503-684-2772 (TDD -Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments;and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers,it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-718-2410 (voice) or 503-684-2772 (MD -Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA VIEW LIVE VIDEO STREAMING ONLINE: http://live.tigard-or.gov CABLE VIEWERS:The regular City Council meeting is shown live on Channel 28 at 7:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. UPI • II City of Tigard TlGARD Tigard Business Meeting—Agenda TIGARD CITY COUNCIL MEETING DATE AND TIME: November 28,2017 -6:30 p.m. Study Session;7:30 p.m. Business Meeting MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard,OR 97223 6:30 PM •STUDY SESSION A. DISCUSSION ON FORMING A HOUSING TYPOLOGIES CITIZEN ADVISORY COMMI ITEE 6:30 p.m. estimated time B. COUNCIL LIAISON REPORTS 6:40 p.m. estimated time •EXECUTIVE SESSION:The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. CITIZEN COMMUNICATION (Two Minutes or Less,Please) A. Follow-up to Previous Citizen Communication B. Citizen Communication—Sign Up Sheet 3. CONSIDERATION OF WELCOMING CITY RESOLUTION 7:35 p.m. estimated time 4. QUASI-JUDICIAL PUBLIC HEARING CANYON COURT COMPREHENSIVE PLAN AMENDMENT/ ZONE CHANGE/ SUBDIVISION/ADJUSTMENT(CPA2017-00001, ZON2017-00001) 7:45 p.m. estimated time 5. NON AGENDA I 1'EMS 6. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision.Executive Sessions are closed to the public. 7. ADJOURNMENT 9:15 p.m. estimated time 1u City of Tigard = AIS-3334 A. Business Meeting Meeting Date: 11/28/2017 Length (in minutes): 15 Minutes Agenda Title: Discussion on Forming a Housing Typologies Citizen Advisory Committee (CAC) Prepared For: Schuyler Warren,Community Development • Submitted By: Carol Krager,Central Services Item Type: Update,Discussion,Direct Staff Meeting Type: Council Business Mtg- Study Sess. Public Hearing: No Publication Date: Information ISSUE Shall the Community Development Department convene an advisory committee to guide updates to the housing portion of the Policy and Procedures Phase II Development Code updates? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends council direct staff to bring forward the proposed Resolution. KEY FACTS AND INFORMATION SUMMARY Background Staff is in the process of developing amendments to the development code as part of Phase II of the Policy and Procedures update.Phase I of this project restructured the code for ease of use and did not focus on major policy changes. Phase II includes policy changes related to the 2013 Housing Strategies Report, the 2015 Strategic Plan Implementation Code Audit,Senate Bill 1051,and needed changes collected by staff over the last five years. Because the recommendations from the Housing Strategies Report include policy changes that will allow new housing typologies in Tigard,staff is proposing to convene a Housing Task Force to provide feedback and guidance. Purpose The purpose of this advisory committee is to: •Create an environment conducive to multiple and diverse opinions and ideas; •Review and comment on draft materials prepared and presented by staff; •Ensure that proposed code changes are consistent with and supportive of applicable goals,policies,and actions in the Tigard Comprehensive Plan and the recommendations of the 2013 Housing Strategies Report;and •Promote public awareness and understanding of the proposed development code changes. Scope The scope of this task force focuses only on the portion of the Phase II amendment package that makes changes to the development code affecting the construction of housing. The specific topics this task force will be addressing with staff include: •Review and discussion of recommendations from the Housing Strategies Report as well as review the Tigard Comprehensive Plan,Metro Equitable Housing Report,and other guiding documents; •Review and discussion of missing middle housing typology case studies—Accessory Dwelling Units, Cottage Clusters,and Live/Work units;and •Review and discussion of proposed development code amendments. Composition Staff proposes the following composition of the task force: •1 member from the Planning Commission; •2 members from other advisory committees (NIC,TCAC,Task Force for the Homeless); •1 member from a regional housing advocacy group;and •3 members of the public-at-large Schedule The Advisory Committee will meet in four separate sessions. The sessions will begin in January and continue every three weeks thereafter, or as agreed upon by the committee,concluding by April 12,2018. OTHER ALTERNATIVES Utilize a pre-existing standing committee or commission to provide citizen guidance on proposed development code amendments. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Tigard Comprehensive Plan Goals 1 and 10. DATES OF PREVIOUS COUNCIL CONSIDERATION N/ A Attachments Memo to Council Resolution 7,1 " City of Tigard TIGARD Memorandum To: Honorable Mayor& City Council From: Schuyler Warren,Associate Planner Re: Housing Typologies Advisory Committee Date: November 14, 2017 The purpose of this memorandum is to provide background on updates to the development code and to propose a purpose, scope,composition,and schedule for an advisory committee to guide certain of those updates regarding housing. The attached Citizen Involvement Plan provides additional details on the planned public engagement methods associated with these updates to the development code. Background Staff is in the process of developing amendments to the development code as part of Phase II of the process and procedures update.Phase I of this project restructured the code for ease of use and did not focus on policy changes. Phase II includes policy changes related to the 2013 Housing Strategies Report,the 2015 Strategic Plan Implementation Code Audit,Senate Bill 1051,and needed changes collated by staff over the last five years. Because the recommendations from the Housing Strategies Report include policy changes that will allow new housing typologies in Tigard,staff is proposing to convene a Housing Task Force to provide feedback and guidance. Purpose The purpose of this advisory committee is to: • Create an environment conducive to multiple and diverse opinions and ideas; • Review and comment on draft materials prepared and presented by staff; • Ensure that proposed code changes are consistent with and supportive of applicable goals, policies,and actions in the Tigard Comprehensive Plan and the recommendations of the 2013 Housing Strategies Report;and • Promote public awareness and understanding of the proposed development code changes. Page 1 of 2 Scope The scope of this task force is fairly limited,and focuses only on the portion of the Phase II amendment package that makes changes to the development code affecting the construction of housing. The specific topics this task force will be addressing with staff include: • Review and discussion of recommendations from the Housing Strategies Report as well as review the Tigard Comprehensive Plan,Metro Equitable Housing Report,and other guiding documents; • Review and discussion of missing middle housing typology case studies—Accessory Dwelling Units,Cottage Clusters,and Live/Work units; • Review and discussion of proposed development code amendments. Composition Staff proposes the following composition of the task force: • 1 member from the Planning Commission • 2 members from other advisory committees (NIC,TCAC) • 1 member from a regional housing advocacy group • 3 members of the public-at-large Schedule The Advisory Committee will meet in four separate sessions. The sessions will begin in January and continue every three weeks thereafter,or as the agreed upon by the committee,concluding by April 12, 2018. Page 2 of 2 CITIZEN INVOLVEMENT PLAN (CIP) for Phase II Development Code Amendments Related to Housing Project Background In 2013,as part of a periodic review of the Comprehensive Plan required by the Department of Land Conservation and Development,the City of Tigard commissioned a housing needs analysis.The resulting Housing Strategies Report,prepared by Angelo Planning Group,made a number of policy recommendations related to allowing a wider variety of housing typologies in the city. These typologies generally fit into the"missing middle"of housing types that have been identified as needed region-wide,most recently by Metro's 2016 Equitable Housing Strategies document.These missing middle housing types are intended to bridge the gap between low density detached single-family residential housing types and higher-density multifamily and mixed-use structures. These housing types provide flexibility for families and allow older residents to age in place. One missing middle housing type,the accessory dwelling unit (ADU),has specifically been promoted by the American Association of Retired Persons for more than two decades as a solution to providing housing for seniors that allows them to remain integrated with their neighborhood and community. Missing middle housing has the added benefit of providing an affordable option to young couples and small families. Housing availability has become a major issue region-and state-wide.According to Emily Lieb, Equitable Housing Project Manager at Metro,the 2010-2014 American Community Survey showed that there were 67,000 renter households (over 1/4 of all renter households) in Washington,Clackamas,and Multnomah Counties paying more than half of their income toward rent.About half of these households (33,130)lived in Portland;the other half lived outside Portland in the rest of the three-county region. Rents have risen approximately 25% since these data were published,while incomes have increased at a slower pace over the same period,leading to an expectation that even more households are cost-burdened. The issue of housing availability and the concomitant problem of housing affordability have become so pressing in jurisdictions across the state that in 2017,the state legislature stepped in. In addition to other changes to encourage increased housing supply and affordability, the legislature enacted Senate Bill 1051. This bill requires all jurisdictions to provide for detached, attached,and interior ADUs in all residentially-zoned areas. Currently,the City of Tigard only allows attached and interior accessory dwelling units. Staff is currently developing amendments to the Tigard Development Code to address the requirements of SB1051 as well as the recommendations of the 2013 Housing Strategies Report for a greater variety of missing middle housing typologies in accordance with the Tigard Comprehensive Plan Goal 10. Page 1 Because these amendments represent policy changes,staff has developed a public engagement plan to meet Goal 1 of the Tigard Comprehensive Plan: To develop a citizen involvement program that ensures the opportunityfor citizens to be involved in all phases of the planning process This Citizen Involvement Plan (CIP) explains how the City will gamer public input regarding proposed Development Code changes. Goal of Citizen Involvement Plan To provide citizens the opportunity to participate in the preparation and adoption of amendments to the Tigard Development Code. Input Desired Tigard Development Code section 18.510 provides standards for the development of residentially-zoned properties.TDC section 18.710 provides additional standards for the development of accessory dwelling units. Each of these sections of the development code provides a guiding statement based on the goals of the Comprehensive Plan.The purpose statement of Section 18.510 in particular is to: PRESERVE NEIGHBORHOOD LIVABILITY One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods,by encouraging primarily residential development with compatible nonresidential development— schools,churches,parks and recreation facilities,day care centers,neighborhood commercial uses and other services—at appropriate locations and at an appropriate scale. ENCOURAGE CONSI'RUCIION OFAFFORDABI.F HOUSING Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices is encouraged. This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. Citizen Involvement Strategies GENERAL PUBLIC OUTREACH General public outreach will utilize the media and the internes to reach a broad population. • Media coverage–The city will prepare periodic press releases. • City website–A page on the City's website will provide information about the proposed code amendments,specific information about how to provide input on the code amendments,and contact information for the project manager. • City's Facebook page and Twitter–Posts will alert viewers about the code amendment Page 2 process. • Cityscape-The City's email newsletter will contain articles about the code amendment process. • Interested Parties Mailing List—As people express interest, the City will develop an interested parties list in order to maintain contact with those who want to follow the land use process.This list will include people from the developer interest groups,the community interest groups,and the general public. • Open House—The City will host an Open House to explain and gather input on the proposed development code changes.The Open House will be advertised in various community calendars,as well as through all the outreach efforts listed above. COMMUNITY GROUPS OUTREACH Staff will send notice of the Open House and public hearings to the following organizations: Home Builders Association of Metro Portland,Portland Metropolitan Association of Realtors, affordable housing providers,neighborhood associations,and additional groups that could have an interest in the project or that have requested notifications. HOUSING TYPOLOGIES ADVISORY COMMITTEE Staff has proposed convening an advisory committee to provide guidance and feedback on proposed changes. PLANNING COMMISSION WORK SESSION The Planning Commission will hold at least one work session to consider the recommendations of staff and the advisory committee and to review and incorporate public input.All planning commission agenda packets are posted on the city's website. MEASURE 56 NOTICE Although the proposed changes to housing policy are not anticipated to included changes that limit or prohibit currently permissible land uses, the rest of the code package most likely will. As a result,pursuant to Measure 56,notice will be provided to all property owners in Tigard who are likely to be affected by the changes. PUBLIC HEARINGS Pursuant to Tigard Development Code section 18.390.060.D,notice of all public hearings pertaining to amending the Tigard Development Code will be published in the Tigard Times newspaper. Notices will also be sent to the list of interested parties and the agenda packets sent to the Planning Commission and City Council's respective mailing lists. Both the Planning Commission and the City Council will hold public hearings on the proposed legislative code amendments. NOTICE TO DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT The State of Oregon Department of Land Conservation and Development(DLCD)will be notified of development code amendments prior to the Tigard Planning Commission public hearing on proposed changes. DLCD will be notified after these amendments have been adopted by the Tigard City Council. Page 3 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- A RESOLUTION ESTABLISHING A HOUSING TYPOLOGIES CITIZEN ADVISORY COMMITTEE (CAC) TO ADVISE STAFF DEVELOPING POLICY AMENDMENTS TO THE DEVELOPMENT CODE TO ALLOW A WIDER VARIETY OF HOUSING TYPOLOGIES IN TIGARD WHEREAS,in 2013,the City received a Housing Strategies Report from Angelo Planning Group that included recommendations for policy changes to allow a wider variety of housing types in Tigard, particularly missing middle housing types;and WHEREAS, on June 17, 2013, Council approved amendments to the Tigard Comprehensive Plan adopting to update the Goals, Policies, and Recommended Action Measures corresponding to Statewide Planning Goal 10 and Goal 2 through Ordinance 13-08;and WHEREAS,in 2016, Metro published the Opportunities and Challenges for Equitable Housing report, calling for a wider variety of housing types throughout the region,including missing middle housing types;and WHEREAS,in 2017, the Oregon State Legislature passed Senate Bill 1051,requiring certain housing typologies to be allowed and necessitating amendments to the Tigard Development Code;and WHEREAS, Goal 1.1 of the Tigard Comprehensive Plan is to provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process;and WHEREAS, Goal 10.1 of the Tigard Comprehensive Plan is to provide opportunities for a variety of housing types at a range of price levels to meet the diverse housing needs of current and future City residents;and WHEREAS, The Tigard Comprehensive Plan includes a policy that the city shall implement findings and recommendations from the 2013 Tigard Housing Strategies Report;and WHEREAS, The Tigard Comprehensive Plan includes a recommended action measure to propose adopting updates to the City's development code to enhance opportunities to develop accessory dwelling units, live/work housing units,cottage clusters, single-family attached housing and duplexes,consistent with the City's 2012 Housing Strategies Report;and WHEREAS,the Housing Typologies Citizen Advisory Committee will advise staff during the drafting of policy amendments to the Tigard Development Code. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Housing Typologies Citizen Advisory Committee is hereby established to review and comment on draft materials and to ensure that the Development Code Amendments are consistent with and supportive of applicable goals of the Tigard Comprehensive Plan. Its membership shall include representatives from the categories listed below Representative from the Planning Commission 1 Representatives from other advisory committees (NIC,TCAC,Homeless) 2 Representative from a regional housing advocacy group 1 RESOLUTION NO. 17- Page 1 Representatives from the public-at-large 3 SECTION : This resolution is effective immediately upon passage. PASSED: This day of 2017. Mayor-City of Tigard A"IThST: City Recorder-City of Tigard RESOLUTION NO. 17- Page 2 AGENDA ITEM NO. 2B - CITIZEN COMMUNICATION DATE: November 28, 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: MKCHA L fZt�FL�S �Ie�l— )A/L,or\1 C.�J Also,please spell your name as it sounds,if it will (2.4.1,4-(TY help the presiding officer pronounce: VA! c SC (4,Q C,FLJ RCN OLI c 12457 Address { (6 2-0 5\.y4 kl+aa7A -[/sS"1" City State OR Zip Phone No. (.._'50 ) —1722 Name: .ct-T,e0vur11 �V►� D Ds1't1on 't Also,please spell your name as it sounds,if it will I help the presiding officer pronounce: 1.1't)postA of &-t Address 0 1 3 S4v I 0` Cthit EvemArr,1 Ca.( J City lle\c State � - Zip �''Z Z N1 wrrrh A+ to Ivo S 12_1 sty Phone No. `5 C'3' I 4-- `- Name: �� /4,5ee" ic,,.) ✓�- Also,please spell your name as it sounds,if it will So `, 7 help the presiding officer pronounce: Address /3 .3 're8 .$ X-cte-' /c-n) ✓' City cv--� State op_ Zip 97Z-;'—_3 Phone No. -5-0 t. Q4-/ . 7 7 8 6 CITIZEN COMMUNICATION 1:\ADM\CITY RECORDERS\000 City Recorder-Records Resources and Policies\CCSignop\citizen communication 171003.doc AGENDA ITEM NO. 2B - CITIZEN COMMUNICATION DATE: November 28, 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: 5-7Ati Foaio CLI t2R tA5 C EA)S (0A.) i (zt Also,please spell your name as it sounds,if it will help the presiding officer pronounce: TIT Address 1314 St-) NSCCAVS1OA) PeoS2421 SOL01I0,*5- City 1-1 State 0 2 Zip c1 1 Zl3 Phone No. L3 C ' ' i 5 t - S00 O Name: b IJ (' c_ - Also,please spell your name as it sounds,if it will 1 -,-N help the presiding officer pronounce: 6r* I a 1Nt Address 1 1 d j S ,S4J 11`L l / Ct-vUvr.. C City "17 —k/S- 12_ (-- State C Zip 17 223 �J " Phone No.(5J.3) 9.57 45 -2 . Name: Also,please spell your name as it sounds,if it will help the presiding officer pronounce: Address City State Zip Phone No. CITIZEN COMMUNICATION 1:\ADM\CITY RECORDERS\000 Cite Recorder-Records Resources and Policies\CCSignup\citizen communication 171003.doc Legend Untitled Map Write a description for your map. a Baps Hindu Temple Feature 1 Tryon Creek Landscape Inc . x .y :~ SUPPLEMENTAL Western Plumbing & Services . 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Tigard City Council 5 7L-,--ph a /?/e /fie rr Tigard Planning Commission We,the undersigned, would like to take this opportunity to introduce ourselves as a neighborhood coalition formed to express our deep concerns for the proposed development around the Trinity Evangelical Church, located at 10900 SW 121st Avenue in Tigard. We believe the current plans for this development will negatively impact our neighborhood, our way of life and our community. It is our intent but perhaps more importantly our sincere hope that the builder, the designer and the Tigard City Council hear our opposition and take into consideration our concerns as though we were speaking of the neighborhoods in which they live. For those of you familiar with Tigard, it would seem that new construction is underway at virtually every vacant plot of land in the area. With this drastic rise in development comes debilitating changes on our streets and in our neighborhoods. With so many houses, townhouses,apartments and the like about to become occupied,the number of new vehicles soon to be on the road is astronomical.The congestion we experience today is about to get a lot worse in the not too distant future. Which brings us to one of our many adamant oppositions to the original plans for this development. In the proposed plans,SW 119th Avenue would be pushed through to connect with the new development. This will create a thoroughfare with motorists using 119th and Manzanita as alternate routes to find their way onto 1215t. It would stand to reason these high traffic times would coincide with the time our children are also using those same streets to walk to and from school and would dramatically alter the safety of our current living conditions.These narrow streets do not have sidewalks or street lamps. We suggest a walking path for connectivity or perhaps a gated alternative, allowing emergency vehicle access only. With the aforementioned new construction around town, it would seem that some builders are in competition to see who can get the highest number of homes on the least amount of acreage.We strongly oppose any plans to rezone the property, as it will decrease the property and market values of all homes in the surrounding area. Many of us would be sharing a fence with these new residents. It is important to us that any new dwellings would be of a lot size and building design that is in keeping with our established neighborhood. We thank you for the invitation to the upcoming meeting on November 9th and look forward to addressing these issues as well as many others concerning the development of the property in question. Please note that the attached signatures belong to people who are ready to represent themselves, their families, their neighbors and their community. Petition to Oppose Proposed Development of Trinity Evangelical Church Property Petition summary and Trinity Evangelical Church has proposed a partial development on their property at 10900 SW 121st Ave, Tigard that would background include 19 houses and a through connection of SW 119th Ave. If property is not rezoned, 15 houses and a through connection of SW 119th Ave are proposed. Action petitioned for We, the undersigned, are concerned citizens who urge our leaders to act now to stop the rezoning efforts (currently R4.5 to proposed R7) and prevent connection of through street on SW 119th Ave, Tigard, OR. As an alternative to this rezoning and development effort, neighbors and the community would like to see lots of similar size (no rezoning, keep the current zoning of R4.5), and houses of similar build style on a cul-de-sac that is connected to 119th via a walking path only, just like the current development happening off of SW 115th Ave and SW Suzanne Ct,just a few blocks away from the proposed development. Printed Name Signature Address Comment Date /i 38'47. SW J2oikJevoo.O Lf oPeosE gEzoJ ' j+Ir/I7 }Q15T ) } ,2 _ 0.� ,f► G C2 917 7 _ t O 9 s 7 3L. 11 C4 e JS 1_ ��— - - 6 O`' fit, c--,\'.',,. (3 —,� id! 1 /+r',� D i 0) 2 23 v'F c4- t--t7 rt.,i .._ 1l yl/7 Cimes &101f,IAL1 , ^ 411 � 2a fylobrJLv ! ;I; � a pt-e y It --- wo-a. ,S �� 107a. Cf 5 //8 -C,7 a/0.5e. i t--44-(1 CC;14 -ASV% ki&j7 .ale,t t4 3Cl 51) << 6 �� p4 It -l'�' �U S-lorleAt�i,L Gl I ii- surt1'Ct. / 1� i i its NV IPPS ' -gill -rlysket 5--eAnNAIVAIRIvaar 11,7-65 iIrtsAegilifi;*, Dov jlf If 1 ' f7 - IA A . ' / idwigwam. 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(1,1/04'‘,C' (AA ' C •,. 11,011:". . !/ Q`5 CU it crtdIrCA 7 e Printed Name Signature Address Comment Date HVA' 'rgta ►- s ►1150 Cu) )tc)f4. - -Ii e( 0Z /I-5-17 II eut.-r 5 I-IERC4- a--.A4/ t\38(o sw tikorkwoap /.1° 0 PP 0.3- t) Il —.5--(7 .0(‘61,-1 c, Cki(,'. 61 - �y- CJ ,kt.__ (D �6� 1(14"c+- -{- 'i4,c (I - 117 (7 'Do'1gfc IrW4.-/ , /I ItC46 bW VIAA1A-2,10rv%tkr 1:( 0/I� �fn- t4 °G G/ f C iScni V ewn.ti.-" ; '' .. ,'f w l t S g D 5 w ka.vkziA.va.Z. Sti y u ' r1 d (9,j 17 l -b0J' ;1( .yet` t lSt(vse.'Wt is t t( et t,7 C (J - /' /12.00 sW/I i .- 6406t. e.el ¶V'r/'r i : 4* Wco, UtA-Lc T 1/eVe l;vli Wow -U 79 7 f iCL6A.t l 1.4Atte oZ (7 P Po S e-k II/S2117 Sawcao 146 (3--‘ 10$'37 $' `l8 c - a'a)4 /NO // O7 11 a� 5"J 1�a��b LPG� C.A+13-wFi W L ixLAR Cf46:q0:2 Jfik Gp•12z7 i 612- crruus a PPQ 5E-U 111431 li- SUPPLEMENTAL PACKET FOR ._l 1" 8 -X1,7 (DATE OF MEETING) Donald Sims Tigard City Council Talking Points (28 Nov 17) ' 2 ' e6-7-4-4-1, - Mr. Mayor and Council, good evening. My name is Don Sims, and I have lived on Ascension Drive for the past 16 years. I'm a former career federal criminal investigator, and I currently work for the State Department. With respect, I'm here today to share my belief that the neighborhood on Ascension is unsafe to live and drive. The reason for this is the numerous reckless, aggressive, extreme speeders using our narrow street, with a posted speed limit of 25 MPH, as a convenient thoroughfare and cut-through. This began with the opening of Progress Ridge Town Square in 2011, and it has increased exponentially ever since then. I could spend hours reciting examples of cars on a daily basis traveling at speeds in excess of 50 mph. Residents who slow down to turn into their driveways are tailgated, honked at, and passed aggressively. I live next door to a family with children ages 5 and 7 and I fear for their safety. Even our mailman has expressed concern about how dangerous our street is. In October 2013, myself and other neighbors appealed to members of the City Council to help make our neighborhood safe, and assurances of assistance were made to us. That same month, I initiated meetings with the City Engineer and Tigard's Traffic Unit Sergeant and proposed viable solutions in enforcement and engineering. To my knowledge, with one exception in October 2016 when citations were issued to speeders, there has been no deterrent or consequence for the consistent and egregious traffic law violations on Ascension. Furthermore, there has been a substantial increase in new developments in our neighborhood; at least five, which will exacerbate the problem further. There is a real likelihood that someone is going to be killed or injured unless the Three E's of Traffic Safety: Enforcement, Engineering, and Education are deployed on Ascension by the City. In closing, I hope the historical background information and facts I've shared today will persuade the City Council and Police Department to make Ascension a safe neighborhood by the following actions: 1) Dedicating increased traffic enforcement - especially during peak driving times, similar to the enforcement on SW Tiedeman Avenue where the presence of law enforcement and "Speed Limit Strictly Enforced" signs have instilled compliance. 2) Installing flashing speed signs on both sides of Ascension, and 3) Strategically placing a series of three "Speed Humps" on the straightaway section of Ascension. ["Speed Humps" are proven, cost effective, and enduring "Speed Calming" devices.] We need and are again asking for the City's help. Thank you. Contact Information: Donald P. Sims 13348 SW Ascension Drive Tigard, OR 97223 Email: donald.p.sims@gmail.com Cell: 503.544.7286 SUPPLE EEA V .41f.Li FOR ' _ ' o ! 5/&, frd ( t r (DATE: f "T"TGA G ` .- Com-in, What we're requesting for Ascension Drive's Safety Improvement 1 . Install speed lumps along Ascension (similar to Benchview & Fern) spaced to keep speeds down (see slide 2) 2. Stronger enforcement of 25 MPH (or drop it to 20 MPH to catch speeders going 8 MPH over "threshold") to help pay for speed lumps Reasons • Ascension traffic is now unsafe (speeding/swerving, head-ons, road rage, accidents). • Traffic volume & speeds have increased since 2011 : Progress Ridge mall + develop't 150th/Roy Rogers by Polygon Supported by first-hand experiences of Tigard PD officers, 100% of neighbors, visitors • Tigard PD officer Jon Moehring, who was nearly hit by oncoming traffic as he drove up Ascension to inspect damage done to our yard by Ascension traffic accident 11/17/17 • 12 neighboring Ascension households that responded to our 11/17/17 NextDoor post (100% of respondents) • 4 neighbors who knocked on our door asking what happened & sharing their frustrations and stories • People walking up Ascension for exercise; families who have school kids waiting at bus stops Studies confirm properly-spaced speed lumps reduce speed at the lump and between lumps Benchview, 135th and Fern are 25 MPH streets with grades and widths similar to Ascension Speed lumps can reduce speeds through Ascension, improve safety, improve property values (and tax receipts) Additionally... Speed lumps reduce speed of traffic at all times - whether officer is present / enforcing or not Speed lumps thwart cut- through speeders, thus deterring future Speed Lump Legend: speeding or forcing Benchview & Fern in speeders to seek alternate Ascension modeled in routes Kickstart / crowd-fund option could allow Ascension neighborhood to assist or self-fund if Tigard budget can't afford TESTIMONIALS REQUESTING IMPROVED SAFETY—Ascension Drive Neighborhood to Tigard City Council 11/28/2017 Jamie A, Bull Mountain East.6d ago I support any measure to reduce traffic and speed on Ascension. It's even dangerous to slow down to pull into a driveway. People who don't live here are using it as a cut through and have no patience. Steve H, Bull Mountain East• 5d ago Earlier this week I had a blue Honda Civic tailgating as I came up the street around the curve right in front of your house and then passed me once we got around the curve and must have gotten up to at least 50 going up the street.And this was at night in the rain! The problem with Ascension is it's become a big cut through to developments on the other side of Bull Mountain. Cheryl P, Bull Mountain East.6d ago Thanks for the update so now I understand why your yard looks the way it does. I would LOVE photo radar(that can issue citation tickets)to be installed on our street. Trish C, Bull Mountain East.5d ago I have also been passed(and flipped off)on Ascension twice by a woman driving a black Lexus. This was right after pulling out of my driveway on my way to work. Kate J, Bull Mountain East.6d ago I had this experience couple of months ago; went downhill on Ascension around 5pm. A lady drove up her car fast uphill but the worst part is she was in the middle of 2 lanes as we crossed around the curve. Couldn't see each other and I almost got hit! Jill S, Bull Mountain East.6d ago My first impression was that perhaps a car had to swerve from hitting an oncoming car around those curves and ended up going through your yard to avoid a head-on. Cars travel down the middle especially if there are any parked cars in the way and they're driving way too fast. Kas A, Bull Mountain East.6d ago Speeding traffic is a problem on Ascension. Tonight I almost got hit by someone speeding downhill and around the corner. I was coming uphill,could see no one coming and pulled into the middle to go around a parked car. They came so fast and didn't even slow down when they saw me. Just inches between us as they sped past. Margie A, Bull Mountain East.2d ago As a resident of Bull Mountain I enjoy walking the neighborhood. It is really sad and very frightening to see this happen on Ascension, however, not surprising. The parking is very tight and over and over I have seen speeding. when I drive thru the neighborhood, I see repeated instances of wreckless speeding almost every time. Especially during commute hours. It is terrible. I think a lot of people use those as cut throughs to areas in the back/West side of Bull Mountain. Apps like Waze have contributed, I am sure. It seems it would be easy enough to patrol and reduce speed to 15 and enforce. Speed bumps could help and yes, I would contribute for sure. Carrie M, Bull Mountain East 1 d ago It is getting just horrible in this area. We live on Mistletoe and the traffic and speeding has increased so much that we are nervous about just backing in and out of our driveway. We get honked at and flipped off as well as people that try to pass behind us while we try to back in to the driveway. I've sent in multiple comments to the city without receiving any response. It is dangerous and unfair for those of us living here. I really hope that they take this seriously because if something doesn't happen a person is going to get hit. Our roads are not built to handle this kind of traffic. You might want to check with your neighbors to see if anyone has a nest camera,we put one up(fairly inexpensive) and it has a fairly wide angle on the picture. Jason B, Bull Mountain East.ld ago I have twin 4 year olds and I have been buzzed by speeders countless times while tryinq to enjoy a walk on Ascension. Most appear to be adults(not reckless teenagers)cutting through our neighborhood. This past Halloween our group of adults and kids making their way up the street was almost hit by someone accelerating as they turned onto Ascension from SW Mistletoe. Scary to say the least. AIS-3292 3. Business Meeting Meeting Date: 11/28/2017 Length (in minutes): 10 Minutes Agenda Title: CONSIDER A WELCOMING COMMUNITY RESOLUTION Prepared For: Marty Wine,City Management Submitted By: Carol Krager,Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Resolution -Main Public Hearing: No Publication Date: Information ISSUE Shall the City Council approve a resolution affirming that Tigard is a welcoming community? STAFF RECOMMENDATION / ACTION REQUEST Consider the draft resolution. KEY FACTS AND INFORMATION SUMMARY On April 11 and April 25,2017, the City Council heard from community members, faith community representatives and members of WashCo Solidarity during the citizen communication portion of the business meeting agenda. The request was for the City Council to approve a sanctuary city resolution. The City Council also heard citizen communication from some who opposed such a resolution. On April 25,the Mayor read a Unity Statement to convey the extent of the city's commitment in this regard. This statement and a clarifying statement by the Tigard Police Department were placed on the City's website and Tigard Police Facebook page following that meeting. These statements can be found on the city's website:http://www.tigard-ongm/community/ and http://www.tigard-or.gov/police/chief.php Since then,the Chief of Police and City Manager have met with some of these representatives to clarify how law enforcement policies and city policy would relate, or not,to national immigration policies or U.S. Immigration and Customs Enforcement requests. Additionally, several community members have contacted the City Council to request additional statements of inclusiveness,or ask the city to commit to actions to provide inclusive services to the public. OTHER ALTERNATIVES The Council may consider and approve,modify or not approve the draft resolution. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Tigard's strategic vision is to be the most walkable community in the Pacific Northwest where people of all ages and abilities enjoy healthy and interconnected lives. DATES OF PREVIOUS COUNCIL CONSIDERATION City Council received citizen comment on related topics April 11 and 25,2017. Attachments Welcoming Community Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- A RESOLUTION AFFIRMING TIGARD IS A WELCOMING COMMUNITY WHEREAS,the City of Tigard has heard from some members of our community that they have fear for the safety of family, friends,and community members; and WHEREAS,on April 25,2017 the City Council issued a Unity Statement to reassure residents that the City Council affirmed its commitment to providing a safe,welcoming and respectful environment for all who reside in,visit and pass through our city;and WHEREAS,Tigard's commitment to that environment is reflected in our vision of building, supporting, and maintaining a community where people of all ages and abilities can enjoy healthy and interconnected lives, welcoming to people of all backgrounds;and WHEREAS,the city will continue to comply with Oregon State law ORS 181A.820 which prevents any law enforcement agency of the State of Oregon from using agency moneys,equipment or personnel"for the purpose of detecting or apprehending persons whose only violation of law is that they are persons of foreign citizenship present in the United States in violation of federal immigration laws";and WHEREAS, the Tigard Police Department is dedicated to creating a safe space for everyone to be able to report crimes without fear of reprisal;and WHEREAS,the city does not get involved with immigration and deportation issues of residents who are in the United States without authorization,except as required by law. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that we are committed to steadfastly supporting the public we serve, and providing excellent service to all people equally and fairly,regardless of race,religion,immigration status, sexual orientation, age or ability; BE IT FURTHER RESOLVED,that the City of Tigard feels actions speak louder than words and will actively develop and lead new efforts that reach out to,and support,all residents of our diverse community. SECTION 1: We stand together, united against prejudice, fear,ignorance and hate and will work to bring our community together to maintain a welcoming environment where every person feels safe, regardless of immigration status,in accordance with ORS 181A.820 and 8 USC g 1373 and 1644. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2017. Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 17- Page 1 Carol Krager From: Marty Wine Sent: Tuesday, November 28, 2017 7:30 AM SUPPLEMENTAL PACKET To: Carol Krager FOR Cc: Kathy McAlpine Subject: FW: Letter In Support of Welcoming Resolution (DATE OF MEETING) 4 y/2n4 " tern a Carol, can you please be sure the Council has this in their study session packets tonight so they see it prior to the meeting.Thanks. Marty From: Eric [mailto:ericL thewingers.net] Sent: Monday, November 27, 2017 10:40 PM To:#Councilmail<#councilmail@tigard-or.gov> Cc: Marty Wine<Marty@tigard-or.gov> Subject: Letter In Support of Welcoming Resolution Honorable Mayor John L.Cook Honorable City Councilors:Jason Snider, John Goodhouse, Tom Anderson, Marc Woodard Tigard City Hall 13125 SW Hall Blvd. Tigard,OR 97223 Electronically transmitted to CouncilMail@tigard-or.gov. Dear Mayor Cook and Tigard City Council Members, Thank you! Just a few short months ago,a group of Tigard citizens and friends of the City of Tigard came together under the title "Inclusive Tigard"to focus on how to "provide a safe,welcoming,respectful environment for all who reside in,visit,and pass through our city."We appreciate the time,patience,understanding and collective efforts of our elected city officials,City Manager Marty Wine, Chief of Police Kathy McAlpine and City Staff,to clarify,affirm and commit to this joint goal,as expressed in the attached Resolution. Engaging with all of you in the process of developing this Resolution has taught us,the members of Inclusive Tigard,a great deal,not the least of which is the value of patience and the importance of civility.We have come to know all of you better.We hope you have also gained insight into the value and compassion that the citizens of Tigard hold for our neighbors,especially those whose family members and friends are most affected by the long- neglected need for comprehensive Federal immigration reform. We believe that the attached Resolution is indeed worthy of broad support throughout the community and should be formally adopted,upon your vote,by the City of Tigard. As Mayor Cook has often remarked, "Words are one thing-actions are what really matter."The WORDS of this Resolution are right and the ACTION of voting to adopt it as written will matter. Respectfully, Inclusive Tigard Veronica Aguilar,Tigard resident Angie Bentz, Tigard United Methodist Church Richard Bentz, Tigard United Methodist Church Rosa Colquitt,Tigard resident Rev. Dorothy Cottingham, Pastor Christ the King Lutheran Church,Tigard Rev. Wilson Ferreira Sandoval,Priest Associate for Latino Ministry, St. James-Santiago Episcopal,Tigard Mariana Garcia,Tigard resident Carmen Garnica, Tigard resident Penny Hodge,Tigard resident Rev. Jeremy Hajdu-Paulen, Pastor Tigard United Methodist Church Gloria Pinzon Marin,Tigard resident Marky Potthoff,Tigard resident Roger Potthoff, Tigard resident Denise Stephens,Tigard resident Jane Story,Tigard resident Dr.Marcelino Vera,Nueva Esperanza Chiropractic Clinic,Tigard Pastor Jim Wallace,Calvin Presbyterian Church,Tigard Anne Wallace,Tigard resident Rev.Dr.Robert Williams,Rector, St.James Episcopal Church,Tigard Eric Winger, Tigard resident DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 2 AGENDA ITEM No. 3 Date: November 28, 2017 TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before City Council on: Consideration of 5 CityResolution 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. 3 Date: November 28, 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 ofpersons 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& hone No. Name,Address&Phone No. Name,Address&Phone No. 0 t3 N( l 0. 61 b 55 5w Nitc�! , o _ (©s - Vs,sZ Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. VA6i- i rrc Garci et 1� 05 -ct&►3 , Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. IctiSCL, COIQUI-TT 114,a, 692 7223 41�y—ti5/-cllJ5d(0 Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. I--*e.% X35 P� 'WI6Sw a de. eii Lid 4311;, 514 . 61"11 Name,Address&Phone No. Name,Address&Phone No. Name,Address&Phone No. SUPPLEMENTAL PACKET FOR _1/ �__._ } 'jer- (DATE OF MEETING)� 4b J Honorable Mayor John L.Cook Honorable City Councilors:Jason Snider, john Goodhouse, Tom Anderson, Marc Woodard Tigard City Hall 13125 SW Hall Blvd. Tigard,OR 97223 Electronically transmitted to Council Mail@tigard-or.gov. Dear Mayor Cook and Tigard City Council Members, Thank you! Just a few short months ago,a group of Tigard citizens and friends of the City of Tigard came together under the title"Inclusive Tigard"to focus on how to"provide a safe, welcoming, respectful environment for all who reside in,visit,and pass through our city."We appreciate the time,patience,understanding and collective efforts of our elected city officials,City Manager Marty Wine,Chief of Police Kathy McAlpine and City Staff,to clarify,affirm and commit to this joint goal,as expressed in the attached Resolution. Engaging with all of you in the process of developing this Resolution has taught us,the members of Inclusive Tigard,a great deal,not the least of which is the value of patience and the importance of civility.We have come to know all of you better.We hope you have also gained insight into the value and compassion that the citizens of Tigard hold for our neighbors,especially those whose family members and friends are most affected by the long-neglected need for comprehensive Federal immigration reform. We believe that the attached Resolution is indeed worthy of broad support throughout the community and should be formally adopted,upon your vote,by the City of Tigard. As Mayor Cook has often remarked,"Words are one thing-actions are what really matter."The WORDS of this Resolution are right and the ACTION of voting to adopt it as written will matter. Respectfully, Inclusive Tigard Veronica Aguilar,Tigard resident Angie Bentz,Tigard United Methodist Church Richard Bentz,Tigard United Methodist Church Rosa Colquitt,Tigard resident Rev.Dorothy Cottingham,Pastor Christ the King Lutheran Church,Tigard Rev.Wilson Ferreira Sandoval,Priest Associate for Latino Ministry, St.James-Santiago Episcopal, Tigard Mariana Garcia,Tigard resident Carmen Garnica,Tigard resident Penny Hodge,Tigard resident Rev.Jeremy Hajdu-Paulen,Pastor Tigard United Methodist Church Gloria Pinzon Marin,Tigard resident Marky Potthoff,Tigard resident Roger Potthoff,Tigard resident Denise Stephens,Tigard resident Jane Story,Tigard resident Dr.Marcelino Vera,Nueva Esperanza Chiropractic Clinic,Tigard Pastor Jim Wallace,Calvin Presbyterian Church,Tigard Anne Wallace,Tigard resident Rev.Dr.Robert Williams,Rector,St.James Episcopal Church,Tigard Eric Winger,Tigard resident Carol Krager From: Marty Wine Sent: Tuesday, November 28, 2017 7:30 AM SUPPLEMENTAL PACKET To: Carol Krager FOR Cc: Kathy McAlpine ® � '� �l Subject: FW: Letter In Support of Welcoming Resolution (DATE OF MEETING) / lein 3 Carol,can you please be sure the Council has this in their study session packets tonight so they see it prior to the meeting.Thanks. Marty From: Eric [mailto:ericPthewingers.net1 Sent: Monday, November 27, 2017 10:40 PM To:#Councilmail<#councilmail@tigard-or.gov> Cc: Marty Wine<Marty@tigard-or.gov> Subject: Letter In Support of Welcoming Resolution Honorable Mayor John L.Cook Honorable City Councilors:Jason Snider, John Goodhouse, Tom Anderson, Marc Woodard Tigard City Hall 13125 SW Hall Blvd. Tigard,OR 97223 Electronically transmitted to CouncilMail@tigard-or.gov. Dear Mayor Cook and Tigard City Council Members, Thank you! Just a few short months ago,a group of Tigard citizens and friends of the City of Tigard came together under the title"Inclusive Tigard"to focus on how to "provide a safe, welcoming,respectful environment for all who reside in, visit,and pass through our city."We appreciate the time,patience,understanding and collective efforts of our elected city officials,City Manager Marty Wine,Chief of Police Kathy McAlpine and City Staff,to clarify,affirm and commit to this joint goal,as expressed in the attached Resolution. Engaging with all of you in the process of developing this Resolution has taught us,the members of Inclusive Tigard,a great deal,not the least of which is the value of patience and the importance of civility.We have come to know all of you better.We hope you have also gained insight into the value and compassion that the citizens of Tigard hold for our neighbors, especially those whose family members and friends are most affected by the long- neglected need for comprehensive Federal immigration reform. We believe that the attached Resolution is indeed worthy of broad support throughout the community and should be formally adopted, upon your vote,by the City of Tigard. As Mayor Cook has often remarked, "Words are one thing-actions are what really matter."The WORDS of this Resolution are right and the ACTION of voting to adopt it as written will matter. Respectfully, Inclusive Tigard 1 Veronica Aguilar,Tigard resident Angie Bentz, Tigard United Methodist Church Richard Bentz, Tigard United Methodist Church Rosa Colquitt, Tigard resident Rev. Dorothy Cottingham, Pastor Christ the King Lutheran Church, Tigard Rev. Wilson Ferreira Sandoval, Priest Associate for Latino Ministry, St. James-Santiago Episcopal, Tigard Mariana Garcia, Tigard resident Carmen Garnica, Tigard resident Penny Hodge, Tigard resident Rev. Jeremy Hajdu-Paulen,Pastor Tigard United Methodist Church Gloria Pinzon Marin,Tigard resident Marky Potthoff, Tigard resident Roger Potthoff, Tigard resident Denise Stephens, Tigard resident Jane Story,Tigard resident Dr. Marcelino Vera,Nueva Esperanza Chiropractic Clinic,Tigard Pastor Jim Wallace, Calvin Presbyterian Church, Tigard Anne Wallace, Tigard resident Rev. Dr. Robert Williams,Rector, St. James Episcopal Church, Tigard Eric Winger,Tigard resident DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 2 AIS-3211 4. Business Meeting Meeting Date: 11/28/2017 Length (in minutes):90 Minutes Agenda Title: QUASI-JUDICIAL PUBLIC HEARING CANYON COURT COMPREHENSIVE PLAN AMENDMENT/ ZONE CHANGE/ SUBDIVISION/ ADJUSTMENT (CPA2017-00001,ZON2017-00001) Prepared For: Monica Bilodeau,Community Development Submitted By: Carol Krager, Central Services Item Type: Motion Requested Meeting Type: Council Business Meeting Ordinance -Main Public Hearing- Quasi Judicial Public Hearing: Yes Publication Date: Information ISSUE Consider adoption of an ordinance to change the Zoning/Comprehensive Plan Designation from R-4.5 (Low Density Residential) to R-12 (Medium-Density Residential). Concurrently an eight lot subdivision is proposed with detached single-family homes on lots ranging from 2,785 to 4,917 square feet.The request also includes reduction of setbacks adjacent to property zoned R-4.5, from 30-feet to 24-feet.The parcel is located at 11600 SW 98th Avenue,and is approximately 0.91 acre. STAFF RECOMMENDATION / ACTION REQUEST Staff and the Planning Commission,by a vote of 7 to 0 in favor,recommend that City Council approve the proposed rezone/comprehensive plan amendment. Staff and the Planning Commission further recommend approving the subdivision and adjustment subject to conditions of approval outlined in the Planning Commission Recommendation to City Council. KEY FACTS AND INFORMATION SUMMARY The applicant requests approval for a zone change from the current R-4.5 to proposed R-12,a comprehensive plan change from low to medium density residential and concurrent preliminary plat approval for an eight-lot subdivision, (Canyon Court) for single-family residential lots.A development adjustment of 20 percent from the required 30-foot yard setback to a 24-foot yard setback along properties with a more restrictive zone is also requested.The subject site is currently zoned R-4.5 Low Density Residential with a Comprehensive Plan Map Designation of Low Density Residential. Adjacent properties to the north and west are zoned Medium-Density Residential (R-12) and properties to the east and south are zoned Low-Density Residential (R-4.5). The subject site is undeveloped ground,approximately 0.91 acre,on the east side of SW 98th Avenue, approximately 340 feet south of its intersection with SW Greenburg Road. It is identified as Tax Map 1S135CD01600 in the records of Washington County Assessment and Taxation. There are no stub streets adjacent to the site that require connection or extension as part of this project. Access to proposed Lot 1 will be directly from SW 98th Avenue. Lot 2 will also access from SW 98th Avenue, but via an access easement across the north portion of Lot 1.A new private street will be installed along the south edge of the development to provide access to Lots 3 through 8.A hammerhead turnaround easement is provided in the middle of the private street for emergency services providers. Street frontage improvements along dedicated right-of-way will be built along SW 98th Avenue as per City of Tigard (City) standards.The private street which is Tract A will be constructed as per City standards for a private street.Tract A will also serve as an easement for public and private utilities. The proposed lots range from 2,785 square feet to 4,917 square feet in area. The subdivision will utilize the City's potable water, sanitary sewer and storm water services.The required number of street trees will be planted as part of the improvements,and all tree canopy requirements will be met through a combination of tree preservation and new tree plantings. Storm water will be managed for the entire site via a storm facility (Tract B) which will detain and treat storm water as per Clean Water Services (CWS) and City standards. OTHER ALTERNATIVES Deny the Rezone/Comprehensive Plan Amendment/Subdivision/Adjustment. Approve the Rezone/Comprehensive Plan Amendment;Deny Subdivision/Adjustment. COUNCIL GOALS, POLICIES,APPROVED MASTER PLANS Supports Council's interest in affordable housing. DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Fiscal Impact Fiscal Information: Attachments PowerPoint Ordinance Exhibit 1 Zoning Map Planning Commission Recommendation Planning Commission Mintues AgendaQuick©2005-2017 Destiny Software Inc.,AU Rights Reserved CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done 111 1 .1 TIGARD Canyon Court City Council Community Development I November 28, 2017 CITY O F T I G A R D Project Summary Rezone from R4.5 • to R12 r CompPlan Desi nation from Low to Medium 8- lot subdivision �• ; r r t . n ► Lots will range from 2,785 to • 4,917 square feet. 0.91 acre site . : Adjustment of setbacks t 41111 - adjacent to R-4.5, reduced • � from 30-feet to 24-feet. • �,k CITY O F TIGARD Zoning Map Zoning Map Close to u W a Generalized Zoning Categories G re e n b u rg H n x W G FFNBURG RO tn ... tn Rd. and one R-4.5 R-12 �w'Residential mile from ` mined Use Residential UMixed Use Central Business District Downtown UCommercial UMix d Use Employment ■Industrial UPurks and Recreation Washington o , Adjacent to S(. Overlay Ames °TR12TCT, y LEWISIEWIS IN j Ilistoric District Uvcrla� R-1 24 R-4.5 Planned Ikvelopment Uyerl:p h O1 Slllyl'L'I Slll' Mill PIHAS CT ¢° PIHAS ST ° st 9 R1 2 and NACIRA IN PIHAS ST W SMay PMlaa•O M AMa31 as> R25 Zones °�� .........„, a r R-4.5 � � r- r<R-17 R-25a Rezone -� []D 'SUNCY ,CMMAUNITY DEVELOPMENT CEPAR MtNI r. I fi 4 = g: R4.5toR12 r�"I.�w �az�a .aua-er.o�. , 1 I ( , \ R 1 ) ( . I 1 ( ) 1 ii ,,,,,„„....,, ).. - , ....:. 7.___:-........:41 ..it sr. .,. ,, Addition of ., . s . . . .,... 9. ',' • * Z4 ,-- ' ' a w_ 41. sidewalks it •, -' , Or g r I, . ' ... connecting , to existing $., s C 0 1 1- G 1 ---...4, v . , , , sidewalks ' "'. 1.-,T.- =',,, iiir,..,•. --7:1-iiht„ ,, . ' , . . - , a r• •I . 41111111111k,, - 4 . - ,, 1 -` * 4 -1 • • - , • C I T Y O F T I G A R l) Preliminary Plan CANYON COURT , „ia,,,PIA1 \ Qo 8-LOT SUBDIVISION (�•`�` S BQN M1"�"' "g 9a '"�'MU SW 1/4 SECTION 35,T 1S,R 1W,W.M. %'..' 4 i°'o o Where .a..w, �� TIGARD,OREGON I 't5.1-, • y� z��J' l .., TAX LOT 01600 a) AO ntemOM NO ti �_. oil,- reduced rwP r-s via -`---�'.. \�= Owe E . .. klIA ..,A,.. A :x 24 ft. I _�_�,;:..\., 1 i' ,...: i. ::,,,L_--,, a„aA mare urrH LEGEND OJ ! - a setback i 13I ,, �a LVV .. c ,a,>.,c . =Q w� .! Jar” f.e" af w y. L ni ' PA _ a.d §' §Zi-SW P.- no:.-em...mama: 0a be i' 1:11 a mor.l . :..,➢ au , RV , . a , ) ,v ... — r .v Iapplied �I ., MS .. MEE a / C C NOTES: I. 66 ommaAINWT 6WS W111,YCO MOW WI Hart terMJF• —� i L IMP OVAL!Avon .c..ana«.MIMI r..vr. mL.mPEDunwr6en.wac. _ _ s MAW LOT MRS .meA>_�u mt ! >. mass.6A aa1wa m1es1s6eaaP w. oo®AONO�H .�y� B \ - , emu u vaaxrr SIMKO RI WIT Dr RIOAMOITS 6H WOW= ~o mom cop.4.4._...... ty .a 1 NELOSTS I 10�q PROJECT CONTACTS a Au lmamp WOWED WM.= OWL x _..�. j art 6Pa M Mm �. MANE 6P6vea66. esaLm y SNI. ' 21 069N EMI, • MAW fWl H EP MN 9116..Me WALL WV H.K g Zw,.,w••e. S UM 40 m[ ePrt WA .Q w xMa AWat m "� +w .we. PN P.Nm AWumaxMalmue MOMS Hm.slaa. { wWM 1P em .Wtsr nMOM Px o•iwa WOW aS 44-.wi LP 9aaED m.9mu iman) a n OWNMOP6]comma MALL 6 s6Lum x Aa.6n96 O �..,b ..:,.. ?tp We Wit Wm SRT m. in le VO-TIO No, A,(1.).) ma,.-en(Y) NM N rwrm966 rc mi 6 WO OM "�'• •• e<.�••� OMO m las a WM.* IWE s � � J a su`los l..orws.c smnc 1006 a 1.410101 -, .,...- maa,eAT. 1 R® -- N 0.041 NM a N Lar Lm OWN T,On 10,11111 3 L xw.vrt SWEET IMO SW a W, OWED erAOED P _ H 1wa9.o6.mwn9. \ / OM .. WNW 36 rr a fM ;" /t 6a x10[.0 POW ALM P oP Mars WEND 1 p OW LOT GOMM WO MOM 4 RE DI LRU EDL.a PAW 069106 m0uma KM 3 A,-_._ , .. � �'- 7p' I � '-''''''-7,"7:4' �� ,r. e. , *". . �. ' ix14 .^ ',41, � ;_ :. #fi " (�)/- ,,,„. if 1 14 I . t' : F1 , 6p ,A ' it _, _ fy ` . . _ �` - ' e- _1 •�,. s a i 1 l ., . ,,..,_, _o r.,-; ,..:, .. ts b�.-S' .._, 7 - : ..., R . , i -,P .. , ,F`, , P . • Hdr''''.4.'' :::1'',i-ill',41 g th.11 � tr, L4'fi l * HvAVEfi.: �' 'IT' .7. 3 ^ M T. CITY OF TIGARD Staff Recommendation Planning Commission finds by a vote of 7-0 in favor of the proposed Comprehensive Plan Amendment, Zone Change, Subdivision, and Adjustment. Therefore, the Planning Commission recommends that the City Council adopt by ordinance the following permits, as determined through the public hearing process. CPA 2017-00001/Z0N 2017-00001/S U B2107-00002/ ADJ2017-00008 CITY OF TIGARD Respect and Care I Do the Right Thing Get it Done TIGARD Canyon Court City Council Community Development I November 28, 2017 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 17- AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA 2017-00001 AND ZONE CHANGE ZON 2017-00001 TO AMEND THE TIGARD COMPREHENSIVE PLAN DESIGNATIONS AND ZONING DISTRICTS MAP FROM R-4.5 TO R-12 ON TAX LOT 1S135CD01600. WHEREAS, Section 18.380.030 of the City of Tigard Community Development Code requires quasi-judicial amendments to be undertaken by means of a Type III-PC procedure when a zone change application also involves a concurrent application for a comprehensive plan map amendment, as governed by Section 18.390.050;and WHEREAS, the applicant now requests an amendment to the Tigard Comprehensive Plan and Zoning Map to rezone the subject property, from R-4.5 to R-12, and an eight lot subdivision and adjustment of setbacks adjacent to property zoned R-4.5, reducing it from 30-feet to 24-feet;and WHEREAS,on October 16,2017,the Tigard Planning Commission held a public hearing,which was noticed in accordance with city standards, and recommended approval of the proposed CPA2017-00001/ ZON2017- 00001/ SUB2017-00002/ ADJ2017-00008 by motion with a 7-0 vote in favor;and WHEREAS, on November 28, 2017, the Tigard City Council held a public hearing, which was noticed in accordance with city standards, to consider the Commission's recommendation on CPA2017-00001/ZON 2017-00001/SUB2017-00002/ ADJ2017-00008, to hear public testimony, and apply applicable decision- making criteria;and WHEREAS, Council's decision to approve CPA 2017-00001/ZON 2017-00001/ SUB2017-00002/ ADJ2017-00008 and adopt this ordinance was based on the findings and conclusions found in Exhibit"B" and the associated land use record which is incorporated herein by reference and is contained in land use file CPA2017-00001/Z ON 2017-00001/SUB2017-00002/ADJ2017-00008. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council amends the Tigard Comprehensive Plan Map to change the Comprehensive Plan Designations and Zoning Districts as shown in Exhibit "A" SECTION 2: Tigard City Council adopts the findings and conclusions contained in Exhibit "B" in support of the Council's action and to be the legislative basis for this ordinance. PASSED: By vote of all Council members present after being read by number and title only,this day of ,2017. ORDINANCE No. 1 7- Page 1 Carol 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 2 Exhibit A —_ -.._j 4 , \ a Zoning Map z u., )----- �,�\ ��,'.^,---- �� Generalized Zoning Categories ,i; [ _ :ia / 4 FryBVRG RD 01 — a Zoning Description R-4.5 R-12 "/ __ ,Residential UMixed Use Residential UMixed Use Central Business District - , •Commercial Mixed Use Employment lIndustrial 'Mr IIIi Parks and Recreation m RWashington County Zoning 411 Overlav Zones Cr LEWIS LN > Historic District Overlay R=12 a R-4:5 a _ = _ Planned Development Overlay Ia a — uiI O1 i Subject Site i ___ _ _ — PIHAS CT 1-0 PIHAS ST Th r-I \ \� --- W I \ NACIRA LNC PIHAS ST Map punted at 09:04 AM on 21-Sep-17 Of • W -- Information on this map so s�rv�K�:ly r.a:nova be ve,IRea with the �'O DATA IS DERIVED FROM MULTIPLE SOURCES.THE CRY OF TIGARD MAKES NO • R-4.5Q WARRANTY,REPRESENTATIONORGUARANTEEASTOTHECONTEM,ACCURACY, �I���-���� TIMELINESS RACI OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN.THE 12 ' '►►�//�////1 I .._� CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS.OMISSIONS.OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. al \ ..(PD) , ,� ��:r�.�,� - \� I-P n , � , � CUMMUNfIY DEVELOPMENT DEPARTMENT r',, J / R_7 ��y Dt Tigard _/�'/,/ ' a�i/'� i 131g25 SW Hall Blvd Feet i� ' /J// TI6gR�MgpS Ti503 639 17123 ;� • e 0 18d V///XI f�/X// / \ www.tigardor.gov Henan EXHIBIT B PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NO.: Comprehensive Plan Amendment (CPA) 2017-00001 Zone Change (ZON) 2017-00001 Subdivision (SUB) 2017-00002 Adjustment (ADJ) 2017-00008 FILE TITLE: CANYON COURT COMPREHENSIVE PLAN AMENDMENT/ ZONE CHANGE APPLICANT: Emerio Design OWNER: Scott Miller Annemarie Skinner 1327 Jay Ct. 8285 SW Nimbus,Suite 180 West Linn,OR 97068 Beaverton,OR 97008 REQUEST: The applicant requests approval of a Comprehensive Plan Designation and Zoning Map Amendment from low density residential, R-4.5, to medium density residential, R-12, and an eight lot subdivision on 0.91 acres. Lots will be developed with detached single-family homes. Proposed lot sizes range from 2,785 to 4,917 square feet. The request also includes an adjustment of setbacks adjacent to property zoned R-4.5,reducing it from 30-feet to 24-feet. LOCATION: 11600 SW 98th Ave;TAX MAP # 1S135CD01600 COMP PLAN DESIGNATION/ ZONING DISTRICT: FROM:Low Density Residential (R-4.5) TO: Medium Density Residential (R-12) APPLICABLE Community Development Code Chapters 18.380.030, 18.390.050, 18.390, REVIEW 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and CRITERIA: 18.810.;Comprehensive Plan Goals 1,2, 10;Statewide Planning Goals 1,2, 10; and Metro's Urban Growth Management Functional Plan Titles 1,7,and 12. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 1 OF 45 SECTION II PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends to the Tigard City Council APPROVAL of the Comprehensive Plan and Zoning Map Amendment as determined through the public hearing process. The Planning Commission further recommends to the Tigard City Council APPROVAL of the Subdivision and Adjustment request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section VI of this decision. CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ON-SITE IMPROVEMENTS INCLUDING GRADING, EXCAVATION,AND/OR FILL ACTIVITIES: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the PLANNING DIVISION, ATTN: MONICA BILODEAU (503)718-2427 or MonicaBnu,tigard-or.gov. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to commencing any site work, the project arborist shall perform a site inspection for tree protection measures, document compliance/non-compliance with the Urban Forestry Plan, and send written verification with a signature of approval directly to the project planner within one week of the site inspection. 2. Prior to commencing any site work, the applicant shall provide a fee to cover the city's cost of collecting and processing the inventory data for the entire urban forestry plan (Urban Forestry Manual,Section 11,Part 3). This fee amount will be for 13 open grown trees. 3. Prior to commencing any site work, the applicant shall provide a tree establishment bond that meets the requirements of the Urban Forestry Manual, Section 11,Part 2. This bond amount will be for 12 street trees. 4. The project arborist shall perform semimonthly (twice monthly) site inspections for tree protection measures during periods of active site development and construction, document compliance/non- compliance with the Urban Forestry Plan, and send written verification with a signature of approval directly to the project planner within one week of the site inspection. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION,ATTN: KHOI LE, PRINCIPAL ENGINEER at (503) 718-2440 or Khoatigard-or.gov. The cover letter shall clearly identify where in the submittal the required information is found: 5. All public improvements including street,utilities,grading, onsite and offsite stormwater quality and detention facilities, streetlights, easements, easement locations, and utility connection for future utility extensions shall be designed in accordance with the following codes and standards: • City of Tigard Public Improvement Design Standards • CleanWater Services (CWS) Design and Construction Standards • Tigard Community Development Codes,Municipal Codes • Fire Codes PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 2 OF 45 • Other applicable County,State,and Federal Codes and Standard Guidelines 6. All public improvements including street, utilities,grading, onsite and offsite stormwater quality and detention facilities, streetlights, easements, easement locations, and utility connection for future utility extensions are subject to the City Engineer's review,modification,and approval. 7. Prior to commencing site improvements, a Public Facility Improvement (PFI) Permit is required for this project to cover all infrastructure work including onsite and offsite stormwater Water Quality and Detention Facilities 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 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). 8. Prior to commencing site improvements, submittal of 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. 9. Prior to commencing site improvements, the Applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided onsite. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application,and shall include the vehicles of all suppliers and employees associated with the project. 10. Prior to commencing of site improvements, the Applicant shall provide Engineering Division a photometric analysis for the review and approval. New LED streetlights are required based on the photometric analysis; the Applicant shall submit plans showing the location of streetlights to Engineering Division for review and approval. Type and color of pole and light fixture shall also be included on the plan for review and approval. 11. Prior to commencing of site improvements, the Applicant shall submit plans showing the following items to Engineering for review and approval: SW 98th Ave shall include and shall be shown to have: • 27'right of way dedication from center line • 16'pavement improvement from center line for travel lane and on street parking • Curb and gutter • Storm drainage improvement including but not limited replacing the existing catch basin located south of the proposed driveway approach of the private street with a shallow manhole and grate lid meeting CleanWater Services Design and Construction Standards • 5'planter • 5' concrete sidewalk PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 3 OF 45 • Fill in sidewalk gap between the proposed subdivision and tax lots: 1S135CD01700, 1S135CD01701, 1S135CD01702, 1S135CD01703 • Relocate exiting utility poles affected by sidewalk extension • Reconstruct existing driveways affected by sidewalk extension • Residential driveway approach per the City of Tigard Design Standards • Commercial driveway approach for private street at SW 98th Ave per the City of Tigard Design Standards • Street trees in the planter strip spaced per TDC requirements • Street light as approved by City Engineer • Underground utilities • Street signs,names and traffic control devices (not to be provided by the City) • Asphalt concrete pavement and rock section meeting the City's public street standard for a Neighborhood Route • Street profile,extended a minimum of 300'beyond frontage in each direction • Pavement transition taper per the City of Tigard Design Standards • Sidewalk barricade • Mail boxes Tract'A" Private Street shall include and shall be shown to have: • 20'pavement,minimum • Curb • 5' sidewalk • Residential driveway approaches • Asphalt concrete pavement and rock section meeting the City's public street standard for a Residential Local Street • Street profile • Storm drainage improvement including 12"main,manholes,and curb weep holes meeting CleanWater Services Design and Construction Standards • Channel and grate in the sidewalk meeting the City of Portland details SW-335A and SW-335B • Street signs,names and traffic control devices • Non access reserve along Lot 1 and Lot 2 12. Prior to commencing of site improvement, the Applicant shall submit site plans as part of the Public Facility Improvement Permit indicating that the existing overhead utilities along the project frontage on SW 98th Ave being place underground. Alternatives shall be subject to review and approval of the City Engineer. 13. Prior to commencing site improvements, submit a final storm drainage report for the streets and lots to Engineering Division for review and approval. The storm drainage report shall be prepared in accordance with CWS Design and Construction Standards. 14. Prior to commencing site improvements, the Applicant shall submit design plans for the stormwater water quality and detention facilities within the subdivision meeting the CWS Design and Construction Standards and the City of Tigard. This submittal shall include a maintenance plan in accordance with the CWS Design and Construction Standards and the City of Tigard Design Guidelines, for the facilities and must be reviewed and approved by the city. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 4 OF 45 15. Prior to commencing of site improvements, the Applicant shall submit site plans as part of the PFI Permit showing the location of the proposed storm drainage system and associated service laterals to Engineering for review and approval. The storm drainage system and service laterals shall be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. 16. Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI Permit. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. 17. Prior to commencing of site improvements, the Applicant shall submit site plans as part of the PFI Permit showing the location of the proposed sanitary sewer main and associated service laterals to Engineering for review and approval. The sanitary sewer main and service laterals shall be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. 18. Prior to commencing site improvements, the Applicant shall submit site plans as part of the Public Improvement Permit showing the existing 4" CI water along the project frontage on SW 98th Ave to be replaced with 8" DI. The new 8"DI water main shall be extending to connect to the existing 8" DI stub out located near the intersection between SW 98th Ave and SW Scott Court. Any services affected by the main replacement shall be replaced and reconnected. The existing 4"CI main being replaced shall be removed. NOPE: An estimated 12 percent of the water system cost will be assessed prior to approval of the City of Tigard's PFI permit. 19. Prior to commencing site improvements, the Applicant will be required to provide written approval from Tualatin Valley Fire & Rescue for fire flow, hydrant placement, and emergency vehicular access and turn around. 20. Prior to commencing of site improvement, a common maintenance agreement of the private street serving Lot 3 to Lot 8 and the common driveway serving Lot 1 and Lot 2 shall be submitted to Engineering Division as part of the Public Facility Improvement (PFI) Permit for review and approval. A non-access reserve strip along the south line of Lot 1 and Lot 2 shall also be submitted for review and approval. 21. Prior to commencing site improvements, an erosion control plan shall be provided as part of the Public Facility Improvement permit drawings. The plan shall conform to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual" (current edition) and submitted to City of Tigard with the PFI plans. 22. Prior to commencing site improvements, 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 Division. 23. The design engineer shall indicate, on the grading plan,which lots will have natural slopes between 10 percent and 20 percent, as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 5 OF 45 24. 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. 25. Prior to commencing of site improvements, the.Applicant shall submit site plans showing location of the street monuments to Engineering for review and approval. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL PLAT APPROVAL: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION,ATTN: KHOI LE, PRINCIPAL ENGINEER at (503) 718-2440 or Khoi(a�tigard-or.gov. The cover letter shall clearly identify where in the submittal the required information is found: 26. Prior to final plat approval, the Applicant shall complete the required public improvements including but not limited to street improvement and sidewalk extension, obtain conditional acceptance from the City,and provide a one-year maintenance assurance for said improvements. 27. Prior to final plat approval, the all public utility facilities including but not limited to storm drainage, water quality, detention, sanitary sewer, water, gas, electrical, communication, and wireless shall be constructed,completed,and/or satisfied. 28. Prior to final plat approval,submit private street name for review and approval. 29. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners who abut and take access from it. 30. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street. The applicant shall submit a copy of the CC&R's to the Engineering Division prior to approval of the final plat. 31. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. 32. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private water quality/detention facility. The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the facility. The applicant shall submit a copy of the CC&R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. 33. Prior to approval of the final plat, the applicant shall provide a public storm drainage and sanitary sewer easement over the entirety of Tract"A". 34. Prior to final plat approval,the existing overhead utilities along the project frontage on SW 98th Ave shall be placed underground,completed,and/or satisfied. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 6 OF 45 35. Prior to final plat approval 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). 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: o GPS tie networked to the City's GPS survey. o By random traverse using conventional surveying methods. 36. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon,and necessary data or narrative. 37. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05),Washington County,and by the City of Tigard. 38. Partition plat will include signature lines for the City Engineer and Community Development Director. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the Applicant's surveyor. 39. Prior to final plat approval, the Applicant shall pay an addressing fee in the amount of$500.00. (8 lots and 2 tracts X$50/address). 40. After the City and County have reviewed the final plat, submit one of the final plat for City Engineer and Community Development Director signatures. 41. Submit a check in the amount of the current final plat review fee (Contact Planner on Duty, at 503718-2421) 42. Prior to final plat approval, the Applicant shall submit to Engineering Division the final sight distance certification of both lots for review and approval. 43. Prior to final plat approval,a common maintenance agreement of the private street serving Lot 3 to Lot 8 and the common driveway serving Lot 1 and Lot 2 shall be submitted to Engineering Division as part of the Public Facility Improvement (PFI) Permit for review and approval. 44. Prior to a final plat, the applicant shall call in for a final planning inspection to ensure the project was completed as shown on the approved plan. Include a final letter from the arborist certifying all trees have been installed per the Urban Forestry Plan, starting the two year tree establishment period. IN ADDITION,THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE;THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans are issued by the City,the Developer shall: PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 7 OF 45 • Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed;and • Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the Developer.The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As required by Section 18.430.080, the Developer shall file with the agreement an assurance of performance supported by one of the following: • An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; • A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated;or • Cash. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer,to assist the City Engineer in calculating the amount of the performance assurance.The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.430.100 Filing and Recording: Within 60 days of the City review and approval, the Applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the Applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat Application Submission Requirements: Three copies of the final plat prepared by a land surveyor licensed to practice in Oregon,and necessary data or narrative. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05),Washington County,and by the City of Tigard. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set: • All centerline-centerline intersection points; • All cul-de-sac center points;and • 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. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 8 OF 45 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 Developer shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. 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 Developer's Design 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 IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION,NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III BACKGROUND INFORMATION Project Description The applicant requests approval for a zone change from the current R-4.5 to proposed R-12, a comprehensive plan change from low to medium density residential and concurrent preliminary plat approval for an eight-lot subdivision,titled Canyon Court, for single-family residential lots.Also requested is a development adjustment of 20 percent from the required 30-foot yard setback to a 24-foot yard setback along properties with a more restrictive zone. The subject site is currently zoned R-4.5 Low Density Residential with a Comprehensive Plan Map Designation of Low Density Residential. Adjacent properties to the north and west are zoned Medium-Density Residential (R-12) and Low-Density Residential (R-4.5) to the east and south. The subject site is undeveloped ground, approximately 0.91 acre, on the east side of SW 98th Avenue approximately 340 feet south of its intersection with SW Greenburg Road. It is identified as Tax Map 1S135CD01600 in the records of Washington County Assessment and Taxation. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 9 OF 45 There are no stub streets adjacent to the site that require connection or extension as part of this project. Access to proposed Lot 1 will be directly from SW 98th Avenue. Lot 2 will also access from SW 98th Avenue, but via an access easement across the north portion of Lot 1. A new private street will be installed along the south edge of the development to provide access to Lots 3 through 8. A hammerhead turnaround easement is provided in the middle of the private street for emergency services providers. Street frontage improvements and right-of-way dedication will take place along the site's SW 98th Avenue frontage as per City of Tigard (City) standards. The private street which is Tract A will be constructed as per City standards for a private street.Tract A will also serve as an easement for public and private utilities. The proposed lots range from 2,785 square feet to 4,917 square feet in area. The subdivision will utilize the City's potable water, sanitary sewer and storm water services. The required number of street trees will be planted as part of the improvements,and all tree canopy requirements will be met through a combination of tree preservation and new tree plantings. Storm water will be managed for the entire site via a storm facility (Tract B) which will detain and treat storm water as per Clean Water Services (CWS) and City standards. Decision Process The Commission will make a recommendation to Council on the Comprehensive Plan/Zone Change/Subdivision and Adjustment. The Council must first approve the Comprehensive Plan/Zone Change before consideration of the Subdivision and adjustment. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET A notice of a pending land use action was sent to neighboring property owners within 500 feet of the subject site boundaries on September 21, 2017. One comment was received from a neighbor, Bill Reiner located in a High Density Residential zone (R-25) approximately 650 feet to the south of the project. His concerns are regarding on-street parking availability and sidewalks. SECTION V. SUMMARY OF APPLICABLE CRITERIA The following summarizes the criteria applicable to this decision in the order in which they are addressed: A. Applicable Development Standards 18.370 Adjustment 18.380 Zoning Map and Text Amendments 18.430 Subdivisions 18.510 Residential zoning districts 18.705 Access,Egress and Circulation 18.715 Density Computations 18.745 Landscaping and Screening 18.765 Off-street parking and loading requirements 18.790 Urban Forestry Plan 18.795 Vision Clearance Areas 18.810 Street and Utility Improvement Standards SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.370 Variance and Adjustments 18.370.020 B. Development Adjustments. 1. The following development adjustments will be granted by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in paragraph 2 of this subsection B: PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 10 OF 45 a. Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. c. Lot coverage. Up to 5%increase of the maximum lot coverage required in the base zone. The request is to reduce the side and rear yard setback from 30 feet to 24 feet (20 percent),which meets the description of 18.370.020.B.1.b. In this case the rear yard of Lots 1 through 5 and the east side yard of Lot 8 abut an R-4.5 zone, thus requiring a 30-foot yard setback, these lots are requested to be adjusted. 2. Approval criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; The applicant requests approval to maximize the buildable area on Lots 1 through 5 and 8 to the largest extent possible. The reduction in the side and rear yard setback from 30 feet to 24 feet (20 percent),in order to accommodate a new detached, single-family home of a particular design. Staff has evaluated the applicant's submitted site plan to determine that this adjustment is the least required to achieve the desired effect.This criterion is met. b. The adjustment will result in the preservation of trees, if trees are present in the development area; There are no trees present in the relevant development area.This criterion does not apply. c.The adjustment will not impede adequate emergency access to the site; Staff reviewed the applicant's submitted site plan to determine the proposed adjustment will not impede adequate emergency access to the site.The private street is the required 20-foot wide paved width and will be so with or without the adjustment.The required emergency services turnaround at the midpoint of the private street is designed to meet fire code standards for turnarounds and can and will do so with or without the adjustment.The requested adjustment impacts the north and east property lines,neither of which are where the private street or turnaround are located.This criterion is met. d.There is not a reasonable alternative to the adjustment which achieves the desired effect. The applicant requests this development adjustment in order to accommodate new detached, single- family homes of a particular design. As demonstrated above, the applicant's proposal complies with the 20 percent reduction for rear and side yard setbacks. There is not a reasonable alternative to the proposed adjustment which achieves the desired effect.This criterion is met 18.380 ZONING MAP AND TEXT AMENDMENTS Chapter 18.380.030 Quasi Judicial Amendments and Procedures to this Title and Map. A. Quasi-judicial zoning map amendments shall be undertaken by means of a Type III-PC procedure, as governed by Section 18.390.050, using standards of approval contained in subsection (B) of this section. The approval authority shall be as follows: (3) The commission shall make a PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 11 OF 45 recommendation to the council on a zone change application which also involves a concurrent application for a comprehensive plan map amendment. FINDING: The proposed quasi-judicial amendment is being reviewed under the Type IV procedure as set forth in this chapter. This procedure requires public hearings before both the Planning Commission and City Council. B. Standards for making quasi-judicial decisions. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 1. Demonstration of compliance with all applicable comprehensive plan policies and map designations; Chapter 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. Policy 2 The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. Policy 5 The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. Citizens, affected agencies, and other jurisdictions were given the opportunity to participate in all phases of the planning process. Several opportunities for participation are built into the Comprehensive Plan amendment process, including public hearing notification requirements pursuant to Chapter 18.390.050 of the Tigard Community Development Code. The neighborhood meeting was held on February 14,2017. On September 21, 2017, public hearing notice of the Planning Commission and City Council public hearings was sent to the interested parties list and all property owners within 500 feet of the subject parcels. On September 28, 2017 a notice was published in The Tigard Times. The notice invited public input and included the phone number of a contact person to answer questions. The notice also included the address of the City's webpage where the staff report to the Planning Commission could be viewed. On September 28,2016,the site was posted with a notice board. On September 21,2017, the proposal was posted on the City's web site. On October 9,2017 the staff report was made available on the city's website. FINDING: As shown in the analysis above,the Tigard Comprehensive Plan Goal 1.1 Policies 2 and 5 are met. Chapter 2: Land Use Planning Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative basis of Tigard's land use planning program. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 12 OF 45 Policy 1 The City's land use program shall establish a clear policy direction, comply with state and regional requirements, and serve its citizens' own interests. The goals and policies contained in the Tigard Comprehensive Plan provide the basis for the city's land use planning program.This policy is met. Policy 2 The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. The City's development code,Title 18, has been found to be consistent with the Comprehensive Plan. This policy is met. Policy 3 The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. Potentially affected jurisdictions and agencies were given an opportunity to comment. Any comments that were received are addressed in Section VI: Outside Agency Comments. This policy is met. Policy 5 The City shall promote intense urban level development in Metro designated Centers and Corridors, and employment and industrial areas." The Metro 2040 Growth Concept Map shows that Pacific Hwy, through Tigard, is designated as a "Corridor." The proposed rezone of the subject site from low density residential to medium density residential would meet market demand for residential development. The proposed zone change will allow for smaller lot sizes, higher density (eight lots rather than four lots) and more affordable housing options — all of which promote a greater level of financial stability among the citizens of Tigard. This policy is met. Policy 6 The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's social and fiscal stability. Policy 7 The City's regulatory land use maps and development code shall implement the Comprehensive Plan by providing for needed urban land uses including: A. Residential; B. Commercial and office employment including business parks; C. Mixed use; D. Industrial; E. Overlay districts where natural resource protections or special planning and regulatory tools are warranted;and F. Public services The rezoning of the subject property to medium-density residential would allow for a needed increase in the variety of housing options available to the citizens of Tigard. The proposed zone change would allow for smaller lot sizes,higher density, and more affordable housing options,promoting a greater level of financial stability among the citizens of Tigard. These policies are met. Policy 15 In addition to other Comprehensive Plan goals and policies deemed applicable, amendments to Tigard's Comprehensive Plan/Zone Map shall be subject to the following specific criteria: PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 13 OF 45 A. Transportation and other public facilities and services shall be available, or committed to be made available, and of sufficient capacity to serve the land uses allowed by the proposed map designation; The City's Comprehensive Plan Public Facilities and Services Chapter states that for the purposes of the Comprehensive Plan, Public Facilities and Services refers to Stormwater Management, Water Supply and Distribution, Wastewater Management, Community Facilities and Private Utilities. In addition the Comprehensive Plan Glossary includes public safety, parks and transportation. All services are or will be available to the subject property that is being proposed for a rezone and comprehensive plan amendment. The individual services are discussed in detail below. It should be recognized that the proposed development seeks to develop single-family detached dwellings, which is a permitted use in the current R- 4.5 zone. The purpose of the requested zone change and proposed map designation is not to provide a housing type not otherwise allowed in the current zone, but to allow for smaller lots at a higher density to help meet the demand for affordable detached housing. Primary access to the subject site will be via SW Greenburg Road which offers direct access to Highway 217 as well as connection to Highway 99. Alternate access is via SW Commercial Street which turns into SW 98th Avenue. The site also offers excellent access to nearby transit stations as it is 0.7 miles to the Tigard Transit Center and the WES Commuter Trail. It is also noted that Bus Line 76 of Tri-Met has Stop ID 2246 at the intersection of SW Greenburg Road and SW 98th Avenue,which is approximately 340 feet north of the subject site. Additional public services such as stormwater, water, and sanitary sewer will connect to existing infrastructure and it is not anticipated that the proposed zone change from R-4.5 to R-12 will result in additional demands on public services. This policy are met. B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services; The land use being sought by this application is single-family detached dwellings. This use is permitted under the subject site's current zone of R-4.5. The purpose of the zone change request is not to seek an additional land use; rather it's to seek additional lots for the already-permitted land use of single-family detached dwellings. The subject site is served by SW 98th Avenue, which is a local street. The zone change will not change the designation or routing of SW 98th Avenue. The required right-of-way dedication and street frontage improvements to the site's SW 98th Avenue frontage will take place as part of the subdivision, regardless of the zone change. Access to Lots 1 and 2 will be directly from SW 98th Avenue. Access to Lots 3 through 8 will be from a new private street.Access remains the same also,regardless of the zone change. If the property remained R-4.5, access to some of the allowed four lots would be via SW 98th Avenue and access to the remainder of the allowed four lots would be via a new private street. The subject property does not have any planned streets going through it, nor does it have any stubbed or dead-end streets on any side; therefore, there are no requirements for extensions as there aren't any streets to extend. This fact remains the same, regardless of the zone. Therefore, there is no negative impact to the existing or planned transportation system because of the change from R-4.5 to R-12. This policy are met. C.The new land use designation shall fulfill a proven community need such as provision of needed commercial goods and services, employment, housing, public and community services, etc. in the particular location,versus other appropriately designated and developable properties; D. Demonstration that there is an inadequate amount of developable, appropriately designated, land for the land uses that would be allowed by the new designation; PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 14 OF 45 The proposed rezoning satisfies a need for property zoned R-12. In 2013 the City Council adopted a Housing Strategies report prepared by Angelo Planning Group and Johnson & Reid in support of the Periodic Review update to Goal 10, Housing. This report illustrated that at that time the city had nearly twice as much buildable land in areas zoned R-7 (72.1 net buildable acres) than in areas zoned R-12 (36.7 net buildable acres). The report analyzed the city's current and future housing needs, which included the following conclusion: "In general, there is a need for some less expensive ownership units and rental units". R-12 zoned land permits attached single-family and multi-family housing types, which contribute to the city's variety of more affordable housing stock. These policies are met. E. Demonstration that land uses allowed in the proposed designation could be developed in compliance with all applicable regulations and the purposes of any overlay district would be fulfilled; While there are many uses allowed in the proposed R-12 zoning designation, the applicant will be developing the site as single-family residential housing. A preliminary plat for the proposed eight-lot subdivision is being concurrently reviewed with the proposed zone change to demonstrate that medium density residential use can be developed in compliance with applicable regulations. The submitted plan set shows proposed single-family house footprints and the grading plan, street plan and utility plan - all with single-family houses as the end product. The submitted plan set illustrates, and this narrative explains, how the proposed eight-lot single-family residential development is in compliance with all applicable Code regulations. The subject site does not contain any overlay districts.This policy is met. F. Land uses permitted by the proposed designation would be compatible, or capable of being made compatible,with environmental conditions and surrounding land uses; and G. Demonstration that the amendment does not detract from the viability of the City's natural systems. The subject site does not contain any environmental overlays, significant natural resources or sensitive areas/wetlands/wildlife habitat. The service provider letter from Clean Water Services, attached as Exhibit 4, attests that the site is free of environmental constraints.The surrounding land use to the north, south and east is single-family residential housing. This application proposes single-family residential housing similar to what is existing surrounding the subject site. The proposed rezone would not detract from the viability of the City's natural systems. These policies are met. Chapter 10: Housing Goal 10.1 Provide opportunities for a variety of housing types at a range of price levels to meet the diverse housing needs of current and future City residents. Policy 1 The City shall adopt and maintain land use policies, codes, and standards that provide opportunities to develop a variety of housing types that meet the needs, preferences and financial capabilities of Tigard's present and future residents. Medium-density residential properties are important to the ongoing implementation of the City's housing policies, for a number of reasons, including growth in population of the City and a need for flexibility in allowable and available housing types to provide a level of affordability for first-time house buyers, single people and retirees on a fixed and limited income, as well as other members of the community who desire more affordable housing options in the City's neighborhoods. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 15 OF 45 The population of Tigard has increased by 6.6 percent since 2010 (United States Census Bureau). With this increase in population, the demand for housing continues to grow, particularly the need for residential properties zoned with the flexibility necessary to promote a level of affordability. In 2013 the Council adopted a Housing Strategies report prepared by Angelo Planning Group and Johnson & Reid in support of the Periodic Review update to Goal 10, Housing. This report illustrated that at that time the city had about twice as much buildable land in areas zoned R-7 (72.1 net buildable acres) than in areas zoned R-12 (36.7 net buildable acres). The report analyzed the city's current and future housing needs, which included the following conclusions of relevance to the application: • "In general,there is a need for some less expensive ownership units and rental units." • "Single family attached units are projected to meet nearly 20 percent of future housing need." • "It is projected that in coming decades a greater share of housing will be attached types, including attached single family." This type of housing is possible in the R-12 zone,which allows attached and multi-family housing on 3,050 square-foot lots. R-12 is a versatile medium density residential zone that can better meet the preferences and financial capabilities of Tigard's present and future residents. This policy is met. METRO Urban Growth Management Functional Plan Title 1: Housing Capacity The Regional Framework Plan calls for a compact urban form and a "fair-share" approach to meeting regional housing needs. It is the purpose of Title 1 to accomplish these policies by requiring each city and county to maintain or increase its housing capacity. The City's Housing Strategies Report indicates that "in general, there is a need for some less expensive ownership units and rental units." This type of housing is possible in the R-12 zone,which allows attached and multi-family housing on 3,050 square-foot lots. With this quasi-judicial action, the zone change to R-12 on the subject site will result in a marginal increase of R-12 zoned land in the City of Tigard to help meet the preferences and financial capabilities of Tigard's present and future residents, consistent with the purpose of Title 1. FINDING: As shown in the analysis above, the proposed comprehensive plan/zone change demonstrates compliance with all applicable comprehensive plan policies and map designations; 2. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and FINDING: As shown in the findings above and below, the proposed comprehensive plan/zone change demonstrates compliance with all applicable standards of the provisions of Title 18 and other implementing ordinances. 3. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 16 OF 45 The applicant presents for consideration the existing surrounding zones and uses as evidence of a change in the neighborhood from low density residential to medium density residential. The subject property has a number of higher density developments and zones surrounding it. There are two parcels on the north side of the site that are zoned R-12 (Tax Lot 500 and Tax Lot 9200). There is an apartment complex to the northeast of the site and also to the northwest of the site. A review of the zoning map, attached as Exhibit 3, shows a significant number of properties in the area that are zoned R-12, as well as R-7 and R-25. Pictures in Exhibit 7, along with a map from Google Maps, have been included with the subject application identifying uses of surrounding properties including apartment complexes and skinny houses on narrow lots which are commonly seen in medium and higher-density zones. The entire area to the west of the subject site is zoned R-12, as well as the entire area to the northeast of the subject site. There are also a number of commercial businesses in the general vicinity as highlighted on the map included as part of Exhibit 7. All of these items and information present a clear picture that the area has definitely changed from a strictly low density area to an area with medium and higher density zones and uses, as well as commercial. While there are still portions of the area zoned R-4.5, the surrounding areas zoned R-7, R-12 and R-25 and the areas utilized for commercial uses show that the requested amendment to Medium Density Residential fits with the current zones and uses. Information obtained from the United States Census Bureau states the population of Tigard has increased by 6.6 percent since 2010. This influx in population has generated an increased need for housing in the City. In particular, there is a presently a deficit in the availability of affordable single-family dwellings in the City (see attached Exhibit 8). Zoning the subject property to R-12 will help accommodate the City's growth in population and subsequent need for residential properties. The increasing need for affordable housing, particularly single-family detached dwellings, is a change in the community that supports the comprehensive plan/zone change. Given the variety of permitted housing types and the increased density allowed, property zoned R-12 is of increasing importance to ensure the availability of affordable housing. With a minimum lot size of 3,050 square feet and increased maximum density, the R-12 zone provides the flexibility necessary to meet the housing type preferences and financial capabilities of the City's present and future residents. The trend in the market and development in the community as a whole is progressing towards smaller lots, in an effort to satisfy the increasing demand for affordable housing in the area. The subject property, as noted above, has a number of R-12 zoned properties adjacent to it and in near proximity to it. An R-12 zoning of residential property in this area, then, is ideal due to the surrounding R-12 sites already in existence and the proximity of commercial services to the north and transit options along SW Greenburg Road. FINDING: As shown in the analysis above, there is evidence of change in the neighborhood or community to support the proposed comprehensive plan/zone change. RECOMMENDATION: Staff recommends that the Planning Commission recommend to the Tigard City Council APPROVAL of the Comprehensive Plan and Zoning Map Amendment as being in compliance with all applicable comprehensive plan policies, all applicable standards of any provision of this code or other applicable implementing ordinance, as evidenced by change in the neighborhood and the community, and as determined through the public hearing process. 18.430 Subdivisions PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 17 OF 45 18.430.020 General Provisions D. Lot averaging. Lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. The minimum lot size for the R-12 zone is 3,050 square feet. The applicant proposes to utilize lot averaging for this subdivision, with an average lot size of 3,376 square feet. Three (3) of the proposed lots (Lots 2, 6, and 7) are below the minimum lot size requirement of 3,050 square feet, but are not less than 80 percent of the minimum. This provision is met. 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; The proposed preliminary plat complies or can be made to comply with the applicable zoning ordinance and other applicable ordinances and regulations, as demonstrated by the analysis contained within this administrative decision, and through the imposition of conditions of approval. All necessary conditions must be satisfied as part of the development and building process. This criterion is met. 2. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; According to the Washington County Surveyor's Office, the proposed plat name,"Canyon Court" has been reserved. Additionally, the applicant submitted a Subdivision Plat Naming form that was approved by the Washington County Surveyor's Office in March 2017.This criterion is met. 3. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects unless the city determines it is in the public interest to modify the street or road pattern;and 4. An explanation has been provided for all common improvements. The applicant's narrative provides an explanation for all common improvements, as required. Specific details of the proposed improvements are discussed in detail under Section 18.810 Street and Utility Improvement Standards of this decision.This criterion is met. 18.510 Residential Zoning Districts 18.510.050 Development Standards A. Compliance required.All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370; 2. All other applicable standards and requirements contained in this title. B. Development standards. Development standards in residential zoning districts are contained in Table 18.510.2. TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 18 OF 45 STANDARD R-12 Proposed Minimum Lot Size -Detached unit 3,050 sq.ft. 3,050 sq.ft. -Duplexes -Attached unit[l] Average Minimum Lot Width None None Maximum Lot Coverage 80% 80% Minimum Setbacks -Front yard 15 ft. 15 ft. -Side facing street on corner&through lots 10 ft. 10 ft. -Side yard 5 ft. 5 ft. -Rear yard 15 ft. 15 ft. -Side or rear yard abutting more restrictive zoning district 30ft. 24ft. -Distance between property line and front of garage 20 ft. 20 ft. Maximum Height 35 ft. 35 ft. Minimum Landscape Requirement 20% 20% Based on the applicant's site plan, staff finds all proposed lots have sufficient space for future development that meets the minimum required setbacks outlined above. Compliance with the development standards for the R-12 zone will be confirmed during the building permit submittal process for all future development. These standards are met. 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. This application is for an eight-lot subdivision, which is considered development. Accordingly, the provisions of TDC 18.705 Access,Egress and Circulation apply. 18.705.030 General Provisions 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. The applicant has submitted scaled plans that show how access, egress and circulation requirements are to be fulfilled,in compliance with the standards outlined in this chapter.This provision is met. D. Public street access. All vehicular access and egress as required in 18.705.030.14 and I shall connect directly with a public or private street approved by the city for public use and shall be maintained at the required standards on a continuous basis. As demonstrated on the applicant's submitted plans, all proposed lots will connect directly with either a public or newly-created private street (Tract A). Lots 1 and 2 will access directly from SW 98th Avenue, which is a local street, noting that Lot 2 will utilize an access easement across Lot 1 to achieve access to the PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 19 OF 45 dwelling. Lots 3 through 8 will access from the new private street identified as Tract A. This provision is met. H. Access Management. 1. An access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the city and AASHTO (depending on jurisdiction of facility). The proposed development is an eight-lot subdivision and a traffic impact study is not required. Two of the lots will take access from a private driveway located on SW 98th Ave. The rest of the lots will take access from a private street also located on SW 98th Ave. 124th Ave. The Applicant shall record a non-access reserve strip along the south line of Lot 1 and Lot 2. No access to the private street will be allowed by Lot 1 and Lot 2. The Applicant included a Preliminary Intersection Sight Distance Certification prepared by Emerio Design dated March 8, 2017. The certification indicates that there is more than 250 feet of sight distance in both north and south direction where the private street connects to 98th Ave. Prior to final plat approval, the Applicant shall submit to the Engineering Division the Final Sight Distance Certification for review and approval. 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. The proposed subdivision is adjacent to SW 98th Ave, a Neighborhood Route. This standard is not applicable. 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. The proposed subdivision is adjacent to SW 98th Ave, a Neighborhood Route. This standard is not applicable. 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) PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 20 OF 45 Number Dwelling Minimum Number of Minimum Access Minimum Pavement Unit/Lots Driveways Required Width Width 1 ort 1 15' 10' All proposed lots meet the standard outlined above because each lot has more than 15 feet of frontage on Tract A or the proposed access easement for lots 1 and 2. This standard is met. 18.715 Density Computations 18.715.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the total site acres: 1. All sensitive land areas: a. Land within the 100-year floodplain, b. Land or slopes exceeding 25%, c. Drainage ways,and d. Wetlands, e. Optional: Significant tree groves or habitat areas, as designated on the City of Tigard"Significant Tree Grove Map" or"Significant Habitat Areas Map"; 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: a. Single-family development: allocate 20%of gross acreage, b. Multifamily development: allocate 15% of gross acreage or deduct the actual private drive area; 4. All land proposed for private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. Total Site 39,640 square feet Land Dedicated for Public Rights-of-Way - 400 square feet Land for Private Street - 9,425 square feet Net Development Area 28,886 square feet 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. Net Development Area 28,886 square feet Minimum Lot Size ± 3,050 square feet Maximum Number of Residential Units 9 As calculated above, the maximum number of residential units is 9.80, which means a maximum of nine (9) additional units are permitted. The applicant proposes to create eight (8) additional units through this subdivision. This standard is met. C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in subsection B of this section by 80% (0.8). (Ord. 12-09 §1;Ord. 09-13) Maximum Number of Residential Units 9 x 80% PLANNING CO\IMIISSION R}?COTINIENDATION'1'()CITY COUNCIL CPA 2017-00001//.ON2017-00007/SUB2I07-00002 CANYON COUR"1' P.A(U 21 OF 45 Minimum Number of Residential Units 7 As calculated above, the minimum number of residential units is 7,which means at least seven (7) additional units are required on the subject site. The applicant proposes to create eight (8) additional units through this subdivision. This standard is met. 18.745 Landscaping and Screening 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) The accepted planting procedures are the guidelines described in the Tigard Urban Forestry Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines, as well as the standards set forth in the most recent edition of the American Institute of Architects' Architectural Graphic Standards. In the Architectural Graphic Standards, there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. These standards are met, and will be further addressed in Section 18.790 Urban Forestry Plan of this administrative decision. 18.745.040 Street Trees A. Street trees shall be required as part of the approval process for conditional use (Type III), downtown design review (Type II and III), minor land partition (Type II), planned development (Type III), site development review(Type II) and subdivision (Type II and III)permits. 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. P1,.-\NNING COMMISSION RI?COMiv11:NDATION TO CI'T'Y COUNCI1. CPA 2017-00001/Z )N2017-00001/SUB2107-00002 CANYON COURT P:A01'.2201,45 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) The linear amount of street frontage adjacent to this site is 454 feet; therefore, the site is required to have a minimum of 11 street trees (454 feet divided by 40 feet, rounded to the nearest whole number). The applicant provided a tree canopy site plan that shows 12 new street trees will be planted at this site. Furthermore, the project arborist (Morgan Holen & Associates, LLC) submitted an Urban Forestry Plan Supplemental Report, which describes how the street trees will be maintained according to the Street Tree Planting Standards and Street Tree Soil Volume Standards that are outlined in the Urban Forestry Manual. These standards are met. 18.765 Off-Street Parking and Loading Requirements 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). The applicant has not provided a parking plan, although this application is for a single-family detached dwelling subdivision and the plans do show on-site driveways on each lot that could accommodate the off street parking requirement. Compliance with these standards will be confirmed during the building permit submittal process for all future development.This standard is met. 18.765.070 Minimum and Maximum Off-Street Parking Requirements H. Specific requirements.See Table 18.765.2. 'MC Table 18.765.2 requires a minimum of one (1) parking space per dwelling unit. The applicant has not provided a detailed site plan or parking plan. The requirement for one off-street vehicle parking space will be met through the on-site driveway which will be a minimum of 15 feet wide,with at least 10 feet of that width being paved. Compliance with this standard will be confirmed during the building permit submittal process for all future development.This standard is met. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 23 OF 45 18.790 Urban Forestry Plan 18.790.020 Applicability The requirements of this chapter apply to the following situations: A. The following land use reviews: 7. Subdivision (Type II and III). This application is for a Type II Subdivision, processed concurrently with a Type III zone change application;therefore the requirements of the Urban Forestry Plan are applicable to the project. 18.790.030 Urban Forestry Plan Requirements A. Urban forestry plan requirements.An urban forestry plan shall: 1. Be coordinated and approved by a landscape architect (the project landscape architect) or a person that is both a certified arborist and tree risk assessor (the project arborist),except for minor land partitions that can demonstrate compliance with effective tree canopy cover and soil volume requirements by planting street trees in open soil volumes only; An Urban Forestry Plan that was coordinated and approved by a certified arborist and tree risk assessor(the project arborist) has been submitted.This standard is met. 2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual (UFM); A tree preservation and removal site plan that meets the standards set forth in the Urban Forestry Manual has been submitted. This standard is met. 3. Meet the tree canopy site plan standards in the Urban Forestry Manual; and A tree canopy site plan that meets the standards set forth in the Urban Forestry Manual has been submitted. In addition, the project arborist has included a signature of approval and statement attesting that the tree canopy site plan meets all of the requirements in Section 10,Part 2 of the Urban Forestry Manual. There is a requirement for 33percent effective tree canopy cover for the site,through a combination of tree planting and/or preservation. With the exception of Tree 2597, all of the existing trees on the subject property will be removed, either due to on-site construction or because they are not suitable for preservation. There are eleven trees off-site, immediately adjacent to the subject property that will be protected as they are not part of the subject property and can't be removed.There are four trees on the west side of SW 98th Avenue that have been included in the arborist's report but will not be impacted by this development as SW 98th Avenue separates them from the subject site. None of the off-site trees provide canopy credit. Sheet 7 shows the proposal to plant 11 Raywood Ash or a Hedge Maple as street trees adjacent to all lots. Both of the proposed species options have a 30-foot canopy spread with 707 square feet of canopy area. In addition, one native cascara is proposed as a street tree at the south side of Tract B. Cascara has a 25-foot canopy spread with 491 square feet of canopy area and provides 1.25 times canopy credit for being native. The proposed trees are on the City's approved tree list and will be 1.5-inch minimum caliper at the time of planting.This standard is met. 4. Meet the supplemental report standards in the Urban Forestry Manual. A supplemental report was prepared and submitted by the project arborist, Morgan Holen & Associates, LLC. This report includes the required inventory data for existing open grown trees, as outlined in Section PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 24 OF 45 10, Part 3, Subsection D of the Urban Forestry Manual. The R-12 zone requires a minimum effective tree canopy for the entire site is 33 percent, (Section 10, Part 3, Subsections N and 0 of the Urban Forestry Manual). Through the supplemental report, the project arborist demonstrates how the effective tree canopy for the entire site is 40 percent. This standard is met. 18.790.060 Urban Forestry Plan Implementation C. Tree establishment. The establishment of all trees shown to be planted in the tree canopy site plan (per 18.790.030 A.3) and supplemental report (per 18.790.030.A.4) of the previously approved urban forestry plan shall be guaranteed and required according to the tree establishment requirements in Section 11,part 2 of the Urban Forestry Manual. The applicant's Urban Forestry Plan does not address tree establishment.Therefore,a condition of approval is added for the applicant to provide a tree establishment bond that meets the requirements of the Urban Forestry Manual Section 11,Part 2.This standard will be met. D. Urban forest inventory. Spatial and species specific data shall be collected according to the urban forestry inventory requirements in the Urban Forestry Manual for each open grown tree and area of stand grown trees in the tree canopy site plan (per Section 18.790.030.A.3) and supplemental report (per Section 18.790.030.A.4) of a previously approved urban forestry plan. Section 11, Part 3, Subsection B of the Urban Forestry Manual states that prior to any ground disturbance work, the applicant shall provide a fee to cover the city's cost of collecting and processing the inventory data for the entire Urban Forestry Plan. Therefore, a condition of approval is added to address this requirement. This standard will be met. 18.795 Visual Clearance Areas 18.795.020 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 and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. This application is for an eight-lot subdivision, which is considered development. Accordingly, the provisions of TDC 18.795 Visual Clearance Areas apply. 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. The applicant's narrative states that visual clearance areas will be maintained on the corners of all properties adjacent to the intersection of two streets, and driveways providing access to a private street. The preliminary plat shows the visual clearance triangle at the corners of the intersection of the new private street with SW 98th Avenue. Accordingly, compliance with visual clearance requirements will be confirmed during the building permit submittal process for all future development.These standards are met. 18.810 Street and Utility Improvement Standards PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 25 OF 45 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. The Applicant's narrative and site plans indicate that the proposed subdivision is going to provide 29' right of way dedication from the centerline and construct street improvement along the project frontage on SW 98th Ave. The street improvement is shown to include pavement widening, curb, 5-foot planter and 5-foot sidewalk. The 29' right of way dedication from the centerline is in accordance with the cross section of a Neighborhood Route with bike lane. However,SW 98th Ave is not a bike route. Prior to commencing of site improvements, the Applicant shall submit plans showing the following items to Engineering for review and approval: 98th Ave shall include and shall be shown to have: • 27'right of way dedication from center line • 16'pavement improvement from center line for travel lane and on street parking • Curb and gutter • Storm drainage improvement including but not limited replacing the existing catch basin located south of the proposed driveway approach of the private street with a shallow manhole and grate lid meeting CleanWater Services Design and Construction Standards • 5'planter • 5'concrete sidewalk • Fill in sidewalk gap between the proposed subdivision and tax lots: 1S135CD01700, 1S135CD01701, 1S135CD01702, 1S135CD01703 • Relocate exiting utility poles affected by sidewalk extension • Reconstruct existing driveways affected by sidewalk extension • Residential driveway approach per the City of Tigard Design Standards • Commercial driveway approach for private street at SW 98th Ave per the City of Tigard Design Standards • Street trees in the planter strip spaced per l'DC requirements • Street light as approved by City Engineer • Underground utilities • Street signs,names and traffic control devices (not to be provided by the City) • Asphalt concrete pavement and rock section meeting the City's public street standard for a Neighborhood Route • Street profile,extended a minimum of 300'beyond frontage in each direction PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 26 OF 45 • Pavement transition taper per the City of Tigard Design Standards • Sidewalk barricade • Mail boxes Tract'A"Private Street shall include and shall be shown to have: • 20'pavement,minimum • Curb • 5' sidewalk • Residential driveway approaches • Asphalt concrete pavement and rock section meeting the City's public street standard for a Residential Local Street • Street profile • Storm drainage improvement including 12" main, manholes, and curb weep holes meeting CleanWater Services Design and Construction Standards • Channel and grate in the sidewalk meeting the City of Portland details SW-335A and SW-335B • Street signs,names and traffic control devices • Non access reserve along Lot 1 and Lot 2 Prior to Final Plat Approval, the Applicant shall construct, complete, and/or satisfy the required street improvements, obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. The Applicant shall also provide a proposed private street name for review and approval. 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. The Applicant's narrative and site plans indicate that the street improvements will be provided. The Applicant does not propose to pay a fee in lieu for street improvements. 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. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 27 OF 45 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. c. The street is located within the downtown mixed use central business district and has been identified on Figures 5-14A through 5-14I of the City of Tigard 2035 Transportation System Plan as a required.connectivity improvement. 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. The Applicant's narrative and site plans indicate that the proposed subdivision will include 29' dedication from the centerline along the project's frontage on SW 98th Ave. The 29' right of way dedication from the centerline is in accordance with the cross section of a Neighborhood Route with bike lanes. However, SW 98th Ave is not a bike route. A 27'right of way from the centerline shall be dedicated. The right of way dedication on SW 98th Ave shall be recorded with the plat and in compliance with the provision of this chapter. The Applicant's narrative also indicates that a 23''wide tract (Tract"A") will be created for the purpose of a private street and public and private utilities. The tract will be owned and maintained by the homeowners' association. C. Creation of access easement. The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can be created. 1. Access easements shall be provided and maintained in accordance with the Uniform Fire Code, Section 10.207. 2. Access shall be in accordance with 18.705.030.H and I. The Applicant's narrative and site plans indicate that one joint access easement across the northern portion of the Lot 1 and Lot 2 for the benefit of Lot 2 is proposed. Prior to commencing of site improvement, a common maintenance agreement for this joint access easement shall be submitted to Engineering Division as part of the Public Facility Improvement(PFI)Permit for review and approval. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 28 OF 45 Prior to Final Plat Approval, a common maintenance agreement for the joint access between Lot 1 and Lot 2 shall be recorded.The Applicant's site plans indicate that a 20'Fire Department turnaround easement is proposed between Lot 4 and Lot 5. Prior to commencing site improvements, the Applicant will be required to provide written approval from Tualatin Valley Fire&Rescue for fire flow,hydrant placement,and emergency vehicular access and turn around. The 20'Fire Department turnaround easement shall be recorded as part of the Subdivision Plat. 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 of this section;and The Applicant's narrative and site plans indicate that the proposed subdivision will include 29' dedication from the centerline along the project's frontage on SW 98th Ave to accommodate 18' pavement, curb, 5' planter, and 5' sidewalk meeting the City of Tigard's Neighborhood Route cross section with bike lanes. However,SW 98th Ave is not a bike route. A 27'right of way from the centerline shall be dedicated. The street location and grade along the project frontage on SW 98th Ave will remain unchanged. The Applicant's narrative and site plans indicate that a 23' tract (Tract"A") will be created for the purposes of a private street and public and utility easement. The tract is to accommodate 20'pavement,curb on both sides, and 2' shoulder. Additionally, a 5' public sidewalk and utility easement along the north side of the tract is proposed. The grade of the proposed private street will be less than 3percent . 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. The Applicant's site plans show SW 98th Ave, the proposed private street and joint access between Lot 1 and Lot 2. E. Minimum rights-of-way and street widths.Unless otherwise indicated on an approved street plan,or as needed to continue an existing improved street or within the downtown district, street right-of- way and roadway widths shall not be less than the minimum width described below. Where a range is indicated, the width shall be determined by the decision-making authority based upon anticipated average daily traffic (ADT) on the new street segment. (The city council may adopt by resolution, design standards for street construction and other public improvements. The design standards will provide guidance for determining improvement requirements within the specified ranges.)These are presented in Table 18.810.1. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 29 OF 45 The Applicant's narrative and site plans indicate that the proposed subdivision will include 29' dedication from the centerline along the project's frontage on SW 98th Ave to accommodate 18' pavement, curb, 5' planter, and 5' sidewalk meeting the City of Tigard's Neighborhood Route cross section with bike lanes. However, SW 98th Ave is not a bike route. A 27' right of way from the centerline shall be dedicated to accommodate 16'pavement, 5'planter,and 5' sidewalk. The Applicant's narrative and site plans also indicate that a 23' tract (Tract "A") will be created for the purposes of a private street and public utility easement. The tract is to accommodate 20'pavement,curb on both sides,and 2' shoulder. A 5'public sidewalk and utility easement along the north side of the tract is also proposed. 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. No future street extension is proposed or deemed necessary. 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. The proposed subdivision is adjacent to SW 98th Ave that is not a bus route. This standard is not applicable. 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. No future street extension is proposed or deemed necessary. The Applicant's site plans show a dead end private street, Tract "A" with a hammerhead turnaround is proposed. The hammerhead turnaround is subject to the review and approval the City of Tigard and the Tualatin Valley Fire&Rescue (TVF&R). Prior to commencing of the site improvements,the Applicant shall provide the Engineering Division as part of the Public Facility Improvement (PFI) Permit the approval from Tualatin Valley Fire&Rescue (TVF&R) for the City's record. H. Street alignment and connections. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 30 OF 45 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. The Applicant's narrative and site plans indicate that the proposed subdivision will construct a private street within Tract "A" to provide access for Lot 3 through Lot 8. The subject site does not have any adjoining streets, which need to be connected. No local street, neighborhood route or collector street that abuts the proposed subdivision. 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: The Applicant's site plans show the proposed private street intersects with SW 98th Ave at a right angle. 1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; The Applicant's narrative and site plans indicate that the proposed private street has at least 25' of tangent adjacent to the right of way of SW 98th Ave. 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 The Applicant's site plans show the proposed private street intersects with SW 98th Ave at a right angle. 3. Right-of-way lines at intersection with arterial streets shall have a corner radius of not less than 20 feet. The proposed subdivision is adjacent to SW 98th Ave, a Neighborhood Route. This standard is not applicable. 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. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 31 OF 45 The Applicant's narrative and site plans indicate that the proposed subdivision will include 29' dedication from the centerline along the project's frontage on SW 98th Ave to accommodate 18' pavement, curb, 5' planter, and 5' sidewalk meeting the City of Tigard's Neighborhood Route cross section with bike lanes. However, SW 98th Ave is not a bike route. A 27' right of way from the centerline shall be dedicated to accommodate 16'pavement,5'planter,and 5'sidewalk. 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. The Applicant's narrative and site plans indicate that the proposed subdivision will include 29' dedication from the centerline along the project's frontage on SW 98th Ave to accommodate 18' pavement, curb, 5' planter, and 5' sidewalk meeting the City of Tigard's Neighborhood Route cross section with bike lanes. However, SW 98th Ave is not a bike route. A 27' right of way from the centerline shall be dedicated to accommodate 16' pavement, 5' planter, and 5' sidewalk. The street improvement will also include street trees and lights. 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. The Applicant shall provide street name prior to final plat submittal. N. Grades and Curves. 1. Grades shall not exceed 10% on arterials,12% on collector streets,or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet);and 2. Centerline radii of curves shall be as determined by the city engineer. The street location and grade along the project frontage on SW 98th Ave will remain unchanged. The grade of the proposed private street will be less than 3percent. 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. Curbs, curb cuts,ramps,and driveway approaches are shown on the submitted site plans. 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. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 32 OF 45 The Applicant's narrative indicates that survey monuments will be set/reestablished during the final platting and development process. Prior to commencing of site improvements, the Applicant shall submit site plans showing location of the street monuments to Engineering for review and approval. Prior to final plat approval 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). 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. T.Private streets. 1.Design standards for private streets shall be established by the city engineer;and 2. The city shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than six dwelling units are permitted only within planned developments,mobile home parks,and multi-family residential developments. The Applicant's narrative and site plans indicate that the proposed subdivision will construct a private street to provide access for Lot 3 through Lot 8. A 23'tract(Tract"A")will be created for the purposes of a private street and public utility easement. The tract is to accommodate 20' pavement, curb on both sides, and 2' shoulder. A 5' public sidewalk and utility easement along the north side of the tract is also proposed. The tract will be owned and maintained by the homeowners'association. The Applicant shall provide a non-access reserve easement along Lot 1 and Lot 2. Prior to commencing of site improvement, a common maintenance agreement of the private street shall be submitted to Engineering Division as part of the Public Facility Improvement (PFI) Permit for review and approval. Prior to Final Plat Approval,a common maintenance agreement of the private street shall be recorded. U. Railroad Crossing. The proposed site is not adjacent to any railroad crossing. This standard is not applicable. V. Street signs. The city shall install all street signs, relative to traffic control and street names, as specified by the city engineer for any development. The cost of signs shall be the responsibility of the developer. Prior to commencing of site improvements, the Applicants shall submit site plans showing location of street signs,names,and traffic control devices to Engineering for review and approval. Prior to final plat approval, all street signs, street names, and traffic control devices shall be constructed, completed,and/or satisfied by the Applicant. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 33 OF 45 W. Mailboxes.Joint mailbox facilities shall be provided in all residential developments,with each joint mailbox serving at least two dwelling units. 1. Joint mailbox structures shall be placed adjacent to roadway curbs; 2. Proposed locations of joint mailboxes shall be designated on a copy of the preliminary plat or development plan, and shall be approved by the city engineer/U.S. post office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the city engineer/U.S.post office prior to final approval. No new mailboxes are shown on the site plans. Prior to commencing of site improvements, proposed mailboxes shall be shown on the site plans for Engineering's review and approval. Y. Street light standards. Street lights shall be installed in accordance with regulations adopted by the city's direction. Prior to commencing of site improvements,the Applicant shall provide Engineering Division a photometric analysis for the review and approval. New LED streetlights are required based on the photometric analysis. The Applicant shall submit plans showing the location of streetlights to Engineering for review and approval. Type and color of pole and light fixture shall also be included on the plan for review and approval. Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required. Prior to commencing of site improvements,the Applicants shall submit site plans showing location of street signs,names,and traffic control devices to Engineering for review and approval. Prior to final plat approval, all street signs, street names, and traffic control devices shall be constructed, completed,and/or satisfied by the Applicant. AA. Street cross-sections. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the city engineer.The final lift shall also be placed no later than when 90%of the structures in the new development are completed or three years from the commencement of initial construction of the development,whichever is less. 1. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphaltic concrete; 3. The final lift shall be placed on all new construction roadways prior to city final acceptance of the roadway; however, not before 90% of the structures in the new development are completed unless three years have elapsed since initiation of construction in the development; 4. The final lift shall be Class C asphaltic concrete as defined by A.P.W.A. standard specifications;and 5. No lift shall be less than 1-1/2 inches in thickness. The Applicant's site plans show the street cross section for both SW 98th Ave and the proposed private street. The Applicant's narrative also indicates that the street cross section will be constructed in accordance to the City of Tigard Standards. Prior to commencing of site improvements, the Applicant shall submit site plans as part of the PFI Permit showing the asphalt concrete pavement, pavement's cross slope and rock section of SW 98th Ave and the PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 34 OF 45 private street meeting the City's public street standard for the Neighborhood Route and a residential local street respectively. BB.Traffic calming. When, in the opinion of the city engineer, the proposed development will create negative traffic condition on existing neighborhood streets, such as excessive speeding, the developer may be required to provide traffic calming measures. These measures may be required within the development and/or offsite as deemed appropriate. As an alternative, the developer may be required to deposit funds with the city to help pay for traffic calming measures that become necessary once the development is occupied and the city engineer will determine the amount of funds required, and will collect said funds from the developer prior to the issuance of a certificate of occupancy, or in the case of subdivision, prior to the approval of the final plat. The funds will be held by the city for a period of five years from the date of issuance of certificate of occupancy, or in the case of a subdivision, the date of final plat approval. Any funds not used by the city within the five-year time period will be refunded to the developer. No traffic calming measures are proposed or deemed necessary. The standard is not applicable. CC.Traffic Study. 1. A traffic study shall be required for all new or expanded uses or developments under any of the following circumstances: a. When they generate a 10%or greater increase in existing traffic to high collision intersections identified by Washington County. b. Trip generation from development onto the city street at the point of access and the existing ADT fall within the following ranges: Existing ADT ADT to be added by development 0-3000 vpd 2,000 vpd 3,001-6,000 vpd 1,000 vpd >6,000 vpd 500 vpd or more c. If any of the following issues become evident to the city engineer: i. High traffic volumes on the adjacent roadway that may affect movement into or out of the site. ii. Lack of existing left-turn lanes onto the adjacent roadway at the prosed access drive(s). iii. Inadequate horizontal or vertical sight distance at access points. iv. The proximity of the proposed access to other existing drives or intersections is a potential hazard. v. The proposal requires a conditional use permit or involves a drive through operation. vi. The proposed development may result in excessive traffic volumes on adjacent local streets. 2. In addition, a traffic study may be required for all new or expanded uses or developments under any of the following circumstances: a. When the site is within 500 feet of an ODOT facilities; and/or b. Trip generation from a development adds 300 or more vehicle trips per day to an ODOT facility; and/or c. Trip generation from a development adds 50 or more peak hour trips to an ODOT facility. Traffic Impact Study is not required. 18.810.050 Easements A. Easements. Easements for sewers, drainage,water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development is traversed by PLANNING COMMISSION RI{COMIMI INI)A1 ION"f0 CI I Y COUNCi1. CPA2017 00()01//A)N2017-00001/S1'132107-000(12 C.AMONC OUlt1' 1:A( Ii.35 OF 45 a watercourse or drainageway, there shall be provided a stormwater easement or drainage right-of- way conforming substantially with the lines of the watercourse. B. Utility easements. A property owner proposing a development shall make arrangements with the city, the applicable district, and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city's standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district,or city engineer. The proposed subdivision is not traversed by a watercourse or drainage way. The Applicant's site plans and narrative indicate that 8' Public Utility Easement (PUE) along the project frontage on SW 98th Ave will be provided. Additionally, a 5' public sidewalk and utility easement is proposed along the north side of Tract"A". A public sanitary sewer and storm drainage easement will also be provided over the entirety of Tract"A". 8' PUE, 5' public sidewalk and utility easement, as well as the public sanitary sewer and storm drainage easement over entirety of Tract"A" shall be recorded as part of the final plat. 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. The Applicant's narrative and site plans indicate that a 5' sidewalk along the project frontage on SW 98th Ave and along the north side of Tract"A"will be provided. Prior to commencing of site improvements, the Applicant shall submit site plans as part of the PFI Permit showing the location of sidewalk to Engineering for review and approval. Prior to Final Plat Approval, the sidewalk shall be constructed,completed,and/or satisfied. 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 meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). There is an existing curb tight sidewalk located approximately 105' to the south of the proposed subdivision. Prior to commencing of site improvements, the Applicant shall submit site plans as part of the PFI Permit showing the sidewalk extension from the proposed subdivision connecting to the existing curb tight sidewalk located in front of Tax Lot 1S135CD10200. Relocating existing utility pole(s) and reconstructing existing driveway(s) that are affected by the sidewalk extension shall be the responsibility of the Applicant. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 36 OF 45 Prior to Final Plat Approval, sidewalk extension from the proposed subdivision connecting to the existing curb tight sidewalk located in front of Tax Lot IS135CD10200 on SW 98th Ave shall be constructed, completed,and/or satisfied. 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) or where the standards in Table 18.810.1 specify otherwise.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. The Applicant's narrative and site plans indicate that the proposed subdivision will include 29' dedication from the centerline along the project's frontage on SW 98th Ave to accommodate 18' pavement, curb, 5' planter, and 5' sidewalk meeting the City of Tigard's Neighborhood Route cross section with bike lanes. However, SW 98th Ave is not a bike route. A 27' right of way from the centerline shall be dedicated to accommodate 16' pavement, 5' planter, and 5' sidewalk. The street improvement will also include street trees and lights. Prior to commencing of site improvements, the Applicant shall submit site plans as part of the PFI Permit showing the location of street trees to Engineering for review and approval. Prior to Final Plat Approval,the street trees shall be installed,completed,and/or satisfied. D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. The Applicant should understand it is their obligation to continue maintaining the adjacent sidewalks, curbs and planter strips. E. Application for permit and inspection. If the construction of a sidewalk is not included in a performance bond of an approved subdivision or the performance bond has lapsed, then every person, firm or corporation desiring to construct sidewalks as provided by this chapter, shall,before entering upon the work or improvement, apply for a street opening permit to the Engineering Department to so build or construct: 1. An occupancy permit shall not be issued for a development until the provisions of this section are satisfied. 2. The city engineer may issue a permit and certificate allowing temporary noncompliance with the provisions of this section to the owner, builder or contractor when, in his or her opinion, the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time; b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk; c. Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of the street;or d. Topography or elevation of the sidewalk base area makes construction of a sidewalk impractical or economically infeasible. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 37 OF 45 3. The city engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. Prior to commencing of site improvements, the Applicant shall submit site plans as part of the PFI Permit showing the location of sidewalk to Engineering for review and approval. Prior to Final Plat Approval,the sidewalk shall be constructed,completed,and/or satisfied. Sidewalk in the public right of way or proposed public right of way will be inspected and approved by the City of Tigard Engineering Division. F. Council initiation of construction. In the event one or more of the following situations are found by the council to exist, the council may adopt a resolution to initiate construction of a sidewalk in accordance with city ordinances: 1. A safety hazard exists for children walking to or from school and sidewalks are necessary to eliminate the hazard; 2. A safety hazard exists for pedestrians walking to or from a public building,commercial area, place of assembly or other general pedestrian traffic, and sidewalks are necessary to eliminate the hazard; 3. Fifty percent or more of the area in a given block has been improved by the construction of dwellings,multiple dwellings,commercial buildings or public buildings and/or parks;and 4. A criteria which allowed noncompliance under this section no longer exists and a sidewalk could be constructed in conformance with city standards. (Ord. 12-13 §1; Ord. 06-20; Ord. 02-33;Ord. 99-22) The Applicant's narrative and site plans indicate that the proposed subdivision will include 29' dedication from the centerline along the project's frontage on SW 98th Ave to accommodate 18' pavement, curb, 5' planter, and 5' sidewalk meeting the City of Tigard's Neighborhood Route cross section with bike lanes. However, SW 98th Ave is not a bike route. A 27' right of way from the centerline shall be dedicated to accommodate 16' pavement, 5' planter, and 5' sidewalk. The street improvement will also include street trees and lights. 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. The Applicant's narrative and site plans indicate that all the lots in the proposed subdivision will be connected to public sanitary sewer system. The site plans also show a new public sanitary sewer system consisting of a manhole and 8" main is proposed along the private street tract to serve the proposed lots. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 38 OF 45 Prior to commencing of site improvements, the Applicant shall submit site plans as part of the PFI Permit showing the location of the proposed sanitary sewer system consisting of two manholes, 8"main,associated service laterals, and connection to the existing public system located on SW 98th Ave to Engineering for review and approval. The proposed sanitary sewer system and associated facilities shall be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. Prior to Final Plat Approval, the proposed public sanitary sewer system and associated facilities shall be constructed,completed,and/or satisfied. A public sanitary sewer easement will also be provided over the entirety of Tract "A". The easement shall be recorded prior to final plat. No over-sizing sanitary sewer is proposed or deemed necessary. 18.810.100 Storm Drainage A. General provisions. The director and city engineer shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made,and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; The Applicant's site plans show that a public storm drainage system and sanitary sewer main are proposed. They are separate and independent from one another. 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street;and The Applicant's site plans indicate that a public drainage system including a manhole and a 12" main are proposed in Tract"A". A water quality facility is also proposed in Tract"B"located between Lot 2 and Lot 3. Run-off from Lot 1 and Lot 2 is going to be collected via a private system located in the common driveway prior discharging to the water quality facility. Run-off from the sidewalk and street in Tract "A" will be directed to a low point and conveyed through an open grated channel in the sidewalk to the water quality facility. The Applicant's site plans also indicate that a shallow manhole with grate lid is proposed to replace the existing catch basin located at the proposed private street driveway on SW 98th Ave. However,the site plan does not address improvement to the existing catch basin located north of the common driveway for Lot 1 and Lot 2. The location of existing storm drainage system including the two existing basins along the proposed subdivision on SW 98th Ave may not work efficiently with the proposed street improvement. Improvement will need to be addressed and design of improvement shall be in accordance with CleanWater Services Design and Construction Standards. The Applicant shall provide revised drawings with their Public Facility Improvement Permit. All the surface run-off generated by the development shall be collected, conveyed, treated, and detained prior to discharging to the existing public system located on SW 98th Ave. Surface water will not be carried across the intersection and allowed to flood the streets. 3. Surface water drainage patterns shall be shown on every development proposal plan. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 39 OF 45 A grading plan was submitted showing contours associated with the proposed street and lots. The Applicant's site plans also included the proposed storm system and location of the catch basin, open grate channel,and water quality facility indicating how surface water drainage patterns will be after development. B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. The site is not traversed by a watercourse,drainageway,channel or stream. The Applicant's site plans show that a public drainage system including a manhole and a 12" main are proposed in Tract"A". A public storm drainage easement will also be provided over the entirety of Tract"A". The easement shall be recorded prior to final plat. The Applicant's site plans show that Tract "B" is proposed for the purposes of storm water quality. Tract "B" shall be dedicated to the City prior to final plat. C. Accommodation of upstream drainage. A culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area,whether inside or outside the development, and the city engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). There is no upstream basin that flows across the subject site. D. Effect on downstream drainage. Where it is anticipated by the city engineer that the additional runoff resulting from the development will overload an existing drainage facility, the director and engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). The Applicant's submittal included the preliminary storm water report that indicates the run-off generated from the subdivision will be collected, conveyed, treated, and detained in the water quality and detention facility located in Tract"B"prior to discharging to the existing public storm system located on SW 98th Ave. Prior to commencing site improvements, submit a final storm drainage report for the streets and lots to Engineering Division for review and approval. The storm drainage report shall be prepared in accordance with CleanWater Services Design and Construction Standards. Prior to commencing site improvements, the Applicant shall submit design plans for the stormwater water quality and detention facilities meeting the CleanWater Services (CWS) Design and Construction Standards and the City of Tigard. This submittal shall include a maintenance plan in accordance with the CWS Design and Construction Standards and the City of Tigard Design Guidelines, for the facilities and must be reviewed and approved by the city. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 40 OF 45 Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI permit. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. Prior to Final Plat Approval, all public stormwater drainage system including water quality and detention facilities shall be constructed,completed,and/or 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 unless specified in Table 18.810.1. 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. The Applicant's narrative and site plans indicate that the proposed subdivision will include 29' dedication from the centerline along the project's frontage on SW 98th Ave to accommodate 18' pavement, curb, 5' planter, and 5' sidewalk meeting the City of Tigard's Neighborhood Route cross section with bike lanes. However, SW 98th Ave is not a bike route. A 27' right of way from the centerline shall be dedicated to accommodate 16'pavement for travel lane and on street parking, 5'planter,and 5' 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: 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 undergrounding requirement. 1. The developer shall pay a fee in-lieu of undergrounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under grounding the utilities outweighs the benefit of undergrounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 41 OF 45 undergrounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. 2. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay the fee in-lieu of undergrounding. 3. Properties within the CBD zoning district shall be exempt from the requirements for undergrounding of utility lines and from the fee in-lieu of undergrounding. 4. The exceptions in paragraphs 1 through 3 of this subsection C shall apply only to existing utility lines.All new utility lines shall be placed underground. D. Fee in-lieu of undergrounding. 1. The city engineer shall establish utility service areas in the city. All development which occurs within a utility service area shall pay a fee in-lieu of undergrounding for utilities if the development does not provide underground utilities,unless exempted by this code. 2. The city engineer shall establish the fee by utility service area which shall be determined based upon the estimated cost to underground utilities within each service area. The total estimated cost for undergrounding in a service area shall be allocated on a front-foot basis to each party within the service area. The fee due from any developer shall be calculated based on a front-foot basis. 3. A developer shall receive a credit against the fee for costs incurred in the undergrounding of existing overhead utilities. The city engineer shall determine the amount of the credit, after review of cost information submitted by the applicant with the request for credit. 4. The funds collected in each service area shall be used for undergrounding utilities within the city at large. The city engineer shall prepare and maintain a list of proposed undergrounding projects which may be funded with the fees collected by the city. The list shall indicate the estimated timing and cost of each project. The list shall be submitted to the city council for their review and approval annually. The Applicant's narrative indicates that the proposed subdivision will be designed with 8' PUE to enable all franchised utilities placing underground. The narratives also indicate the Applicant is going to pay fee in lieu for any overhead power that may front the property on SW 98th Ave or as required by the City Engineer. Prior to commencing of site improvement,the Applicant shall submit site plans as part of the Public Facility Improvement Permit indicating that the existing overhead utilities along the project frontage on SW 98th Ave being place underground. Alternatives shall be subject to review and approval of the City Engineer. Prior to Final Plat Approval, the existing overhead utilities along the project frontage on SW 98th Ave shall be placed underground,completed,and/or satisfied. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study: Traffic impact study is not required. Fire and Life Safety: Emergency vehicle turn around,location of fire hydrants, and fire flow must be reviewed and approved by TVF&R prior to commencement site improvements. The 20 foot Fire Department turnaround easement shall be recorded as part of the Subdivision Plat. Public Water System: PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 42 OF 45 The Applicant's site plans indicate that eight new water meters are going to be installed along the frontage of the proposed subdivision. The meters are going to be tapped into the existing public 4" CI main located on SW 98th Ave. Prior to commencing site improvements, the Applicant shall submit site plans as part of the Public Improvement Permit showing the existing 4" CI water along the project frontage on SW 98th Ave to be replaced with 8"DI. The new 8"DI water main shall be extended to connect to the existing 8"DI stub out located near the intersection between SW 98th Ave and SW Scott Court. Any services affected by the main replacement shall be replaced and reconnected. The existing 4"CI main being replaced shall be removed. Storm Water Qualitj 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 commencing site improvements, submit a final storm drainage report for the streets and lots to Engineering Division for review and approval. Prior to commencing site improvements, the Applicant shall submit design plans for the stormwater water quality and detention facilities within the subdivision meeting the Clean Water Services (CWS) Design and Construction Standards and the City of Tigard. This submittal shall include a maintenance plan in accordance with the CWS Design and Construction Standards and the City of Tigard Design Guidelines, for the facilities and must be reviewed and approved by the city. Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI permit. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. Prior to Final Plat Approval,all public stormwater water quality and detention facilities shall be constructed, planted,completed,and/or satisfied. Grading and Erosion Control: The 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. According to 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 PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2017-00001/ZON2017-00001/SUB2107-00002 CANYON COURT PAGE 43 OF 45 lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10 percent and 20 percent,as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of commencing of site improvements. For this project, the addressing fee will be$500 (8 lots and 2 tracts X$50/address = $500). Survey Requirements: The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates,referenced to NAD 83 (91). SECTION VII. OTHER STAFF COMMENTS The City Police Department reviewed the proposal and had no objections to it. The City Development Review Engineer (Contact Khoi Le, 503-718-2440) has reviewed the proposal and provided comments in a Memorandum dated July 25, 2017,which can be found in the land use file and as an attachment to this decision. The findings and conclusions in the Memorandum have been incorporated into this land use decision. SECTION VIII. AGENCY COMMENTS Clean Water Services has reviewed this proposal and issued a Service Provider Letter (SPL #16-004344) dated November 22, 2016 stating no sensitive areas appear to exist on site or within 200 feet of the site. A memorandum dated July 24, 2017 was also received from Jackie Sue Humphreys including conditions required prior to any site work. Tualatin Valley Fire and Rescue (John Wolfe, 503-259-1504) has reviewed the proposal and offered comments in a July 25, 2017 letter, states requirements for fire access, sprinklers, fire hydrants, and premises identification. The letter also states that hydrants need to be provided based on the fire flow. Therefore, the applicant has been conditioned to provide approval from TVFR for a fire flow test of the nearest fire hydrant demonstrating available flow at 20 PSI of residual pressure. Attachments: A. 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M RIMA MEET VC Ma F ONO ME YANEA116 R 111E 10111.61 1160 at MUM OE RIME A°.A T VC ` .R xn 00*A6 l0E SUO 3501 S f WE 1E16T� ]R 6 06416 AOSEMENA OL 40 SO 8AMm30 A 0 me OK Ak at ` Y[W-11111ENIEU1411.1.1.1111164.6 RR6IlOC NER /a l 8 i MEMORANDUM CITY OF TIGARD,OREGON DATE: July 20th 2017 TO: Monica Bilodeau,Associate Planner FROM: Khoi Le,Principal Engineer PROJECT: SUB2017-00002 CANYON COURT SUBDIVISION 18705.030. General Provision 18.705.30.H Access Management 1.An access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs,sight distance and deceleration standards as set by ODOT,Washington County,the City and AASHTO (depending on jurisdiction of facility) The proposed development is an 8-lot subdivision and a traffic impact study is not required. Two of the lots will take access from a private driveway located on SW 98th Ave. The rest of the lots will take access from a private street also located on SW 98th Ave. 124th Ave. The Applicant shall record a non-access reserve strip along the south line of Lot 1 and Lot 2. No access to the private street will be allowed by Lot 1 and Lot 2. The Applicant included a Preliminary Intersection Sight Distance Certification prepared by Emerio Design dated March 8,2017. The certification indicates that there is more than 250 feet of sight distance in both north and south direction where the private street connects to 98th Ave. Prior to final plat approval,the Applicant shall submit to the Engineering Division the Final Sight Distance Certification for review and approval. 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. The proposed subdivision is adjacent to SW 98th Ave,a Neighborhood Route. This standard is not applicable. 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. ENGINEERING COMMENTS PAGE 1 The proposed subdivision is adjacent to SW 98th Ave,a Neighborhood Route. This standard is not applicable. 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. The Applicant's narrative and site plans indicate that the proposed subdivision is going to provide 29' right of way dedication from the centerline and construct street improvement along the project frontage on SW 98th Ave. The street improvement is shown to include pavement widening,curb, 5- foot planter and 5-foot sidewalk. The 29'right of way dedication from the centerline is in accordance with the cross section of a Neighborhood Route with bike lane. However,SW 98th Ave is not a bike route. Prior to commencing of site improvements,the Applicant shall submit plans showing the following items to Engineering for review and approval: 98th Ave shall include and shall be shown to have: • 27'right of way dedication from center line • 16'pavement improvement from center line for travel lane and on street parking • Curb and gutter • Storm drainage improvement including but not limited replacing the existing catch basin located south of the proposed driveway approach of the private street with a shallow manhole and grate lid meeting CleanWater Services Design and Construction Standards • 5'planter • 5'concrete sidewalk • Fill in sidewalk gap between the proposed subdivision and tax lots: 1S135CD01700, 1S135CD01701, 1S135CD01702, 1S135CD01703 • Relocate exiting utility poles affected by sidewalk extension • Reconstruct existing driveways affected by sidewalk extension • Residential driveway approach per the City of Tigard Design Standards • Commercial driveway approach for private street at SW 98th Ave per the City of Tigard Design Standards • Street trees in the planter strip spaced per TDC requirements • Street light as approved by City Engineer • Underground utilities • Street signs,names and traffic control devices (not to be provided by the City) • Asphalt concrete pavement and rock section meeting the City's public street standard for a Neighborhood Route • Street profile,extended a minimum of 300'beyond frontage in each direction • Pavement transition taper per the City of Tigard Design Standards ENGINEERING COMMENTS PAGE 2 • Sidewalk barricade • Mail boxes Tract'A"Private Street shall include and shall be shown to have: • 20'pavement,minimum • Curb • 5'sidewalk • Residential driveway approaches • Asphalt concrete pavement and rock section meeting the City's public street standard for a Residential Local Street • Street profile • Storm drainage improvement including 12"main,manholes,and curb weep holes meeting CleanWater Services Design and Construction Standards • Channel and grate in the sidewalk meeting the City of Portland details SW-335A and SW- 335B • Street signs,names and traffic control devices • Non access reserve along Lot 1 and Lot 2 Prior to Final Plat Approval,the Applicant shall construct,complete,and/or satisfy the required street improvements,obtain conditional acceptance from the City,and provide a one-year maintenance assurance for said improvements.The Applicant shall also provide a proposed private street name for review and approval. 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 condition 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 motorist 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 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. The Applicant's narrative and site plans indicate that the street improvements will be provided. The Applicant does not propose to pay a fee in lieu for street improvements. 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 condition. 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 ENGINEERING COMMENTS PAGE 3 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. c. The street is located within the downtown mixed use central business district and has been identified on Figure 5-14A through 5-14L of the City of Tigard 2035 Transportation System Plan as a required connectivity improvement. 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 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 area 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. The Applicant's narrative and site plans indicate that the proposed subdivision will include 29'dedication from the centerline along the project's frontage on SW 98th Ave. The 29'right of way dedication from the centerline is in accordance with the cross section of a Neighborhood Route with bike lanes. However,SW 98th Ave is not a bike route. A 27'right of way from the centerline shall be dedicated. The right of way dedication on SW 98th Ave shall be recorded with the plat and in compliance with the provision of this chapter. The Applicant's narrative also indicates that a 23'wide tract(Tract"A")will be created for the purpose of a private street and public and private utilities. The tract will be owned and maintained by the homeowners'association. C. Creation of access easement. The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can be created. 1. Access easements shall be provided and maintained in accordance with the Uniform Fire Code,Section 10.207. 2. Access shall be in accordance with 18.705.030.H and I. The Applicant's narrative and site plans indicate that one joint access easement across the northern portion of the Lot 1 and Lot 2 for the benefit of Lot 2 is proposed. Prior to commencing of site improvement,a common maintenance agreement for this joint access easement shall be submitted to Engineering Division as part of the Public Facility Improvement(PFI) Permit for review and approval. Prior to Final Plat Approval,a common maintenance agreement for the joint access between Lot 1 and Lot 2 shall be recorded. ENGINEERING COMMENTS PAGE 4 The Applicant's site plans indicate that a 20'Fire Department turnaround easement is proposed between Lot 4 and Lot 5. Prior to commencing site improvements,the Applicant will be required to provide written approval from Tualatin Valley Fire&Rescue for fire flow,hydrant placement,and emergency vehicular access and turn around. The 20'Fire Department turnaround easement shall be recorded as part of the Subdivision Plat. 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 purposed 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 of this section;and The Applicant's narrative and site plans indicate that the proposed subdivision will include 29'dedication from the centerline along the project's frontage on SW 98th Ave to accommodate 18'pavement,curb,5' planter,and 5'sidewalk meeting the City of Tigard's Neighborhood Route cross section with bike lanes. However,SW 98th Ave is not a bike route. A 27'right of way from the centerline shall be dedicated. The street location and grade along the project frontage on SW 98th Ave will remain unchanged. The Applicant's narrative and site plans indicate that a 23'tract(Tract"A")will be created for the purposes of a private street and public and utility easement. The tract is to accommodate 20'pavement, curb on both sides,and 2'shoulder. Additionally,a 5'public sidewalk and utility easement along the north side of the tract is proposed. The grade of the proposed private street will be less than 3%. 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 pattern 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. The Applicant's site plans show SW 98th Ave,the proposed private street and joint access between Lot 1 and Lot 2. E. Minimum Rights-of-Way and Street Widths: Unless otherwise indicated on an approved street plan,or as needed to continue an existing improved street or within the Downtown District,street right-of-way and roadway widths shall not be less than the minimum width described below. Where a range is indicated,the width shall be determined by the decision- making authority based upon anticipated average daily traffic(ADT)on the new street segment. (The City Council may adopt by resolution,design standards for street construction and other public improvements.The design standards will provide guidance for determining improvement requirements within the specified ranges.)These are presented in Table 18.810.1 ENGINEERING COMMENTS PAGE 5 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. The Applicant's narrative and site plans indicate that the proposed subdivision will include 29'dedication from the centerline along the project's frontage on SW 98th Ave to accommodate 18'pavement,curb,5' planter,and 5'sidewalk meeting the City of Tigard's Neighborhood Route cross section with bike lanes. However,SW 98th Ave is not a bike route. A 27'right of way from the centerline shall be dedicated to accommodate 16'pavement, 5'planter,and 5' sidewalk. The Applicant's narrative and site plans also indicate that a 23'tract(Tract"A")will be created for the purposes of a private street and public utility easement. The tract is to accommodate 20'pavement,curb on both sides,and 2'shoulder. A 5'public sidewalk and utility easement along the north side of the tract is also proposed. 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. No future street extension is proposed or deemed necessary. b. 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. The proposed subdivision is adjacent to SW 98th Ave that is not a bus route. This standard is not applicable. 2.Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed,and a. These extended streets or street stubs to adjoining properties are not considered to be cul-de-sac since they are intended to continue as through streets at such time as the adjoining property is developed. b. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the city engineer,the cost of which shall be included in the street construction cost. ENGINEERING COMMENTS PAGE 6 c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub street in excess of 150 feet in length. No future street extension is proposed or deemed necessary. The Applicant's site plans show a dead end private street,Tract"A"with a hammerhead turnaround is proposed. The hammerhead turnaround is subject to the review and approval the City of Tigard and the Tualatin Valley Fire&Rescue(TVF&R). Prior to commencing of the site improvements,the Applicant shall provide the Engineering Division as part of the Public Facility Improvement(PFI)Permit the approval from Tualatin Valley Fire& Rescue(TVF&R) for the City's record. 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. The Applicant's narrative and site plans indicate that the proposed subdivision will construct a private street within Tract"A"to provide access for Lot 3 through Lot 8. The subject site does not have any adjoining streets,which need to be connected. No local street,neighborhood route or collector street that abuts the proposed subdivision. I. Intersection angles. Street shall be laid out so as to intersect at an angle as near to a right angle as practical,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: The Applicant's site plans show the proposed private street intersects with SW 98th Ave at a right angle. 1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; ENGINEERING COMMENTS PAGE 7 The Applicant's narrative and site plans indicate that the proposed private street has at least 25'of tangent adjacent to the right of way of SW 98th Ave. 2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the right of way line of the acute angles; The Applicant's site plans show the proposed private street intersects with SW 98th Ave at a right angle. 3. Right-of-way lines intersection with arterial streets shall have a corner radius of not less than 20 feet. The proposed subdivision is adjacent to SW 98th Ave,a Neighborhood Route. This standard is not applicable. J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract are less than standard width,additional rights-of-way shall be provided at the time of subdivision or development. The Applicant's narrative and site plans indicate that the proposed subdivision will include 29'dedication from the centerline along the project's frontage on SW 98th Ave to accommodate 18'pavement,curb,5' planter,and 5'sidewalk meeting the City of Tigard's Neighborhood Route cross section with bike lanes. However,SW 98th Ave is not a bike route. A 27'right of way from the centerline shall be dedicated to accommodate 16'pavement,5'planter,and 5'sidewalk. R. 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 adjoining property developed. The Applicant's narrative and site plans indicate that the proposed subdivision will include 29'dedication from the centerline along the project's frontage on SW 98th Ave to accommodate 18'pavement,curb,5' planter,and 5'sidewalk meeting the City of Tigard's Neighborhood Route cross section with bike lanes. However,SW 98th Ave is not a bike route. A 27'right of way from the centerline shall be dedicated to accommodate 16'pavement,5'planter,and 5'sidewalk. The street improvement will also include street trees and lights. L. Cul-de-sac No cul-de-sac is proposed. This standard is not applicable. M. Street name. 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. The Applicant shall provide street name prior to final plat submittal. 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. ENGINEERING COMMENTS PAGE 8 The street location and grade along the project frontage on SW 98th Ave will remain unchanged. The grade of the proposed private street will be less than 3°%. 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. Curbs,curb cuts,and driveway approaches are shown on the submitted site plans. P. Street adjacent to railroad right-of-way. The proposed site is not adjacent to a railroad right-of-way. This standard is not applicable. Q.Access to arterials and collectors.Where a development abuts or is traversed by an existing or proposed arterial or collector street,the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic,or if separation is not feasible,the design shall minimize the traffic conflicts. The design shall include any of the following: 1.A parallel access street along the arterial or collector; 2. Lots of suitable depth abutting the arterial or collector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or collector;or 4. Other treatment suitable to meet the objectives of this subsection; 5. If a lot has access to two streets with different classifications,primary access should be from the lower classification street. The proposed subdivision is not traversed by an Arterial or Collector Street. This standard is not applicable. R. Alleys,public or private. The site does not propose any alleys,public or private. This standard is not applicable. 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. The Applicant's narrative indicates that survey monuments will be set/reestablished during the final platting and development process. Prior to commencing of site improvements,the Applicant shall submit site plans showing location of the street monuments to Engineering for review and approval. ENGINEERING COMMENTS PAGE 9 Prior to final plat approval 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). 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. T.Private streets. 1. Design standards for private streets shall be established by the city engineer;and 2.The city shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than six dwelling units are permitted only within planned developments,mobile home parks,and multi-family residential developments. The Applicant's narrative and site plans indicate that the proposed subdivision will construct a private street to provide access for Lot 3 through Lot 8. A 23'tract(Tract"A")will be created for the purposes of a private street and public utility easement. The tract is to accommodate 20'pavement,curb on both sides,and 2'shoulder. A 5'public sidewalk and utility easement along the north side of the tract is also proposed. The tract will be owned and maintained by the homeowners'association. The Applicant shall provide a non-access reserve easement along Lot 1 and Lot 2. Prior to commencing of site improvement,a common maintenance agreement of the private street shall be submitted to Engineering Division as part of the Public Facility Improvement(PFI)Permit for review and approval. Prior to Final Plat Approval,a common maintenance agreement of the private street shall be recorded. U. Railroad Crossing. The proposed site is not adjacent to any railroad crossing. This standard is not applicable. V. Street Signs. The city shall install all street signs,relative to traffic control and street names,as specified by the city engineer for any development. The cost of signs shall be the responsibility of the developer. Prior to commencing of site improvements,the Applicants shall submit site plans showing location of street signs,names,and traffic control devices to Engineering for review and approval. Prior to final plat approval,all street signs,street names,and traffic control devices shall be constructed,completed,and/or satisfied by the Applicant. W. Mail Boxes.Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least two dwelling units. 1. Joint mailbox structures shall be placed adjacent to road curbs; 2. Proposed locations of joint mailboxes shall be designed on a copy of the preliminary plat or development plan,and shall be approved by the city engineer/U.S.post office prior to final plan approval;and ENGINEERING COMMENTS PAGE 10 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the city engineer/U.S.post office prior to final approval. No new mailboxes are shown on the site plans. Prior to commencing of site improvements, proposed mailboxes shall be shown on the site plans for Engineering's review and approval. X. Traffic Signal. The location of traffic signals shall be noted on approval street plans. Where a proposed street intersection will result in an immediate need for a traffic signal,a signal meeting approval specifications shall be installed. The cost shall be included as a condition of development. No traffic signal is required. This standard is not applicable. Y. Streetlight standards. Streetlights shall be installed in accordance with regulations adopted by the city's direction. Prior to commencing of site improvements,the Applicant shall provide Engineering Division a photometric analysis for the review and approval. New LED streetlights are required based on the photometric analysis. The Applicant shall submit plans showing the location of streetlights to Engineering for review and approval. Type and color of pole and light fixture shall also be included on the plan for review and approval. Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required. Prior to commencing of site improvements,the Applicants shall submit site plans showing location of street signs,names,and traffic control devices to Engineering for review and approval. Prior to final plat approval,all street signs,street names,and traffic control devices shall be constructed,completed,and/or satisfied by the Applicant. AA. Street cross-section. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the city engineer. The final lift shall also be placed no later than when 90%of the structures in the new development are completed or three years from the commencement of initial construction of the development,whichever is less. 1. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphalt concrete; 3. The final lift shall be place on all new construction roadways prior to final city acceptance of the roadway;however,no before 90%of the structures in the new development are completed unless three years have elapsed since initiation of construction in the development.; 4. The final lift shall be Class C asphalt concrete as defined by A.P.W.A. standards specifications;and 5. No lift shall be less than 1-1/2 inches in thickness. The Applicant's site plans show the street cross section for both SW 98th Ave and the proposed private street. The Applicant's narrative also indicates that the street cross section will be constructed in accordance to the City of Tigard Standards. Prior to commencing of site improvements,the Applicant shall submit site plans as part of the PFI Permit showing the asphalt concrete pavement,pavement's cross slope and rock section of SW 98th ENGINEERING COMMENTS PAGE 11 Ave and the private street meeting the Citv's public street standard for the Neighborhood Route and a residential local street respectively. BB. Traffic calming. When,in the opinion of the city engineer,the proposed development will create negative traffic condition on existing neighborhood streets,such as excessive speeding,the developer may be required to provide traffic calming measures. These measures may be required within the development and/or offsite as deemed appropriate. As an alternative, the developer may be required to deposit funds with the city to help pay for traffic calming measures that become necessary once the development is occupied and the city engineer will determine the amount of funds required,and will collect said funds from the developer prior to the issuance of a certificate of occupancy,or in the case of subdivision, prior to the approval of the final plat. The funds will be held by the city for a period of five years from the date of issuance of certificate of occupancy,or in the case of a subdivision, the date of final plat approval. Any funds not used by the city within the five-year time period will be refunded to the developer. No traffic calming measures are proposed or deemed necessary. The standard is not applicable. CC. Traffic Study. 1. A traffic study shall be required for all new or expanded uses or developments under any of the following circumstances: a. When they generate a 10%or greater increase in existing traffic to high collision intersections identified by Washington County. b. Trip generation from development onto the city street at the point of access and the existing ADT fall within the following ranges: Existing ADT ADT to be added by development 0-3000 vpd 2,000 vpd 3,001-6,000 vpd 1,000 vpd >6,000 vpd 500 vpd or more c. If any of the following issues become evident to the city engineer: i. High traffic volumes on the adjacent roadway that may affect movement into or out of the site. ii. Lack of existing left-turn lanes onto the adjacent roadway at the prosed access drive(s). iii. Inadequate horizontal or vertical sight distance at access points. iv. The proximity of the proposed access to other existing drives or intersections is a potential hazard. v. The proposal requires a conditional use permit or involves a drive through operation. vi. The proposed development may result in excessive traffic volumes on adjacent local streets. 2. In addition,a traffic study may be required for all new or expanded uses or developments under any of the following circumstances: a. When the site is within 500 feet of an ODOT facilities;and/or b. Trip generation from a development adds 300 or more vehicle trips per day to an ODOT facility; and/or c. Trip generation from a development adds 50 or more peak hour trips to an ODOT facility. ENGINEERING COMMENTS PAGE 12 Traffic Impact Study is not required. 18.810.050 Easements A. Easements. Easements for sewers,drainage,water mains,electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions,and where a development is traversed by a watercourse or drainage way,there shall be provided a stormwater easement or drainage right-of-way conforming substantial with the lines of the watercourse. B. Utility Easements. A property owner proposing a development shall make arrangement with the city,the applicable district,and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city's standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company,applicable district,or city engineer. The proposed subdivision is not traversed by a watercourse or drainage way. The Applicant's site plans and narrative indicate that 8'Public Utility Easement(PUE) along the project frontage on SW 98th Ave will be provided. Additionally,a 5'public sidewalk and utility easement is proposed along the north side of Tract"A". A public sanitary sewer and storm drainage easement will also be provided over the entirety of Tract «A„ 8'PUE,5'public sidewalk and utility easement,as well as the public sanitary sewer and storm drainage easement over entirety of Tract"A"shall be recorded as part of the final plat. 18.810.70 Sidewalk. A.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 the 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. The Applicant's narrative and site plans indicate that a 5'sidewalk along the project frontage on SW 98th Ave and along the north side of Tract"A"will be provided. Prior to commencing of site improvements,the Applicant shall submit site plans as part of the PFI Permit showing the location of sidewalk to Engineering for review and approval. Prior to Final Plat Approval,the sidewalk shall be constructed,completed,and/or satisfied. 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 route 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 meet the existing sidewalk,subject to rough proportionality(even if the sidewalk does not serve a neighborhood activity center). ENGINEERING COMMENTS PAGE 13 There is an existing curb tight sidewalk located approximately 105'to the south of the proposed subdivision. Prior to commencing of site improvements,the Applicant shall submit site plans as part of the PFI Permit showing the sidewalk extension from the proposed subdivision connecting to the existing curb tight sidewalk located in front of Tax Lot 1S135CD10200. Relocating existing utility pole(s) and reconstructing existing driveway(s)that are affected by the sidewalk extension shall be the responsibility of the Applicant. Prior to Final Plat Approval,sidewalk extension from the proposed subdivision connecting to the existing curb tight sidewalk located in front of Tax Lot 1SI35CD10200 on SW 98th Ave shall be constructed,completed,and/or satisfied. 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 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)or where the standards in Table 18.810.1 specify otherwise. Additional consideration of exempting the planter strip requirement may be given on a case-by-case basis if a property abuts more than one street frontage. The Applicant's narrative and site plans indicate that the proposed subdivision will include 29'dedication from the centerline along the project's frontage on SW 98th Ave to accommodate 18'pavement,curb,5' planter,and 5'sidewalk meeting the City of Tigard's Neighborhood Route cross section with bike lanes. However,SW 98th Ave is not a bike route. A 27'right of way from the centerline shall be dedicated to accommodate 16'pavement, 5'planter,and 5'sidewalk. The street improvement will also include street trees and lights. Prior to commencing of site improvements,the Applicant shall submit site plans as part of the PFI Permit showing the location of street trees to Engineering for review and approval. Prior to Final Plat Approval,the street trees shall be installed,completed,and/or satisfied. D. Maintenance. Maintenance of sidewalks,curbs,and planter strips is the continuing obligation of the adjacent property owner. The Applicant should understand it is their obligation to continue maintaining the adjacent sidewalks, curbs and planter strips. E. Application for permit and inspection. If the construction of a sidewalk is not included in the performance bond of an approved subdivision or the performance bond has lapsed, then every person,firm or corporation desiring to construct sidewalks as provided by this chapter,shall be before entering upon the work or improvement,apply for a street opening permit to the Engineering Department to so build or construct: 1. An occupancy permit shall not be issued for a development until the provision of this section is satisfied. 2. The city engineer may issue a permit and certificate allowing temporary noncompliance with the provision of this section to the owner,builder or contractor when,in his or her opinion,the construction of the sidewalk is impractical for one or more of the following reasons: ENGINEERING COMMENTS PAGE 14 a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time. b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk. c. Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of the street;or, d. Topography or elevation of the sidewalk base area makes construction of sidewalk impractical or economically infeasible. 3. The city engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. Prior to commencing of site improvements,the Applicant shall submit site plans as part of the PFI Permit showing the location of sidewalk to Engineering for review and approval. Prior to Final Plat Approval,the sidewalk shall be constructed,completed, and/or satisfied. Sidewalk in the public right of way or proposed public right of way will be inspected and approved by the City of Tigard Engineering Division. F. Council initiation of construction. In the event one or more of the following situations are found by the council to exist,the council may adopt a resolution to initiate construction of a sidewalk in accordance with city ordinances: 1. A safety hazard exists for children walking to or from school and sidewalks are necessary to eliminate the hazard; 2. A safety hazard exists for pedestrians walking to or form a public building,commercial area,place of assembly or other general pedestrian traffic,and sidewalks are necessary to eliminate the hazard; 3. Fifty percent or more of the area in a given block has been improved by the construction of dwellings,multiple dwellings. 4. A criteria which allowed noncompliance under this section no longer exists and a sidewalk could be constructed in conformance with city standards (Ord. 12-13§1;Ord. 06- 20;Ord. 02-33,Ord. 99-22) The Applicant's narrative and site plans indicate that the proposed subdivision will include 29'dedication from the centerline along the project's frontage on SW 98th Ave to accommodate 18'pavement,curb,5' planter,and 5'sidewalk meeting the City of Tigard's Neighborhood Route cross section with bike lanes. However,SW 98d Ave is not a bike route. A 27'right of way from the centerline shall be dedicated to accommodate 16'pavement, 5'planter, and 5'sidewalk. The street improvement will also include street trees and lights. 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. ENGINEERING COMMENTS PAGE 15 D. Permit Denied. Development permits may be restricted by the commission or hearing 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. The Applicant's narrative and site plans indicate that all the lots in the proposed subdivision will be connected to public sanitary sewer system. The site plans also show a new public sanitary sewer system consisting of a manhole and 8"main is proposed along the private street tract to serve the proposed lots. Prior to commencing of site improvements,the Applicant shall submit site plans as part of the PFI Permit showing the location of the proposed sanitary sewer system consisting of two manholes,8" main,associated service laterals,and connection to the existing public system located on SW 98th Ave to Engineering for review and approval. The proposed sanitary sewer system and associated facilities shall be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. Prior to Final Plat Approval,the proposed public sanitary sewer system and associated facilities shall be constructed,completed,and/or satisfied. A public sanitary sewer easement will also be provided over the entirety of Tract"A". The easement shall be recorded prior to final plat. No over-sizing sanitary sewer is proposed or deemed necessary. A.810.100 Storm Drainage A. General provisions.The director and city engineer shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; The Applicant's site plans show that a public storm drainage system and sanitary sewer main are proposed. They are separate and independent from one another. 2. Where possible,inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street;and The Applicant's site plans indicate that a public drainage system including a manhole and a 12"main are proposed in Tract"A". A water quality facility is also proposed in Tract"B"located between Lot 2 and Lot 3. Run-off from Lot 1 and Lot 2 is going to be collected via a private system located in the common driveway prior discharging to the water quality facility. Run-off from the sidewalk and street in Tract"A"will be directed to a low point and conveyed through an open grated channel in the sidewalk to the water quality facility. The Applicant's site plans also indicates that a shallow manhole with grate lid is proposed to replace the existing catch basin located at the proposed private street driveway on SW 98th Ave. However, the site plan does not address improvement to the existing catch basin located north of the common driveway for Lot 1 and Lot 2. The location of existing storm drainage system including the two existing basins along the proposed subdivision on SW 98th Ave may not work efficiently with the proposed street improvement. Improvement will need to be addressed and design of improvement shall be in accordance with CleanWater Services Design and Construction Standards. The Applicant shall provide revised drawings with their Public Facility Improvement Permit. ENGINEERING COMMENTS PAGE 16 All the surface run-off generated by the development shall be collected,conveyed,treated,and detained prior to discharging to the existing public system located on SW 98th Ave. Surface water will not be carried across the intersection and allowed to flood the streets. 3. Surface water drainage patterns shall be shown on every development proposal plan. A grading plan was submitted showing contours associated with the proposed street and lots. The Applicant's site plans also included the proposed storm system and location of the catch basin,open grate channel,and water quality facility indicating how surface water drainage patterns will be after development. B. Easement. Where a development is traversed by a watercourse,drainageway,channel or stream,there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. The site is not traversed by a watercourse,drainageway,channel or stream. The Applicant's site plans show that a public drainage system including a manhole and a 12"main are proposed in Tract"A". A public storm drainage easement will also be provided over the entirety of Tract"A". The easement shall be recorded prior to final plat. The Applicant's site plans show that Tract"B"is proposed for the purposes of storm water quality. Tract"B"shall be dedicated to the City prior to final plat. C.Accommodation of upstream drainage.A culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area,whether inside or outside the development,and the city engineer shall approve the necessary size of the facility,based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management(as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). There is no upstream basin that flows across the subject site. D. Effect on downstream drainage.Where it is anticipated by the city engineer that the additional runoff resulting from the development will overload an existing drainage facility, the director and engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management(as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). The Applicant's submittal included the preliminary storm water report that indicates the run-off generated from the subdivision will be collected,conveyed,treated,and detained in the water quality and detention facility located in Tract"B"prior to discharging to the existing public storm system located on SW 98th Ave. Prior to commencing site improvements,submit a final storm drainage report for the streets and lots to Engineering Division for review and approval. The storm drainage report shall be prepared in accordance with CleanWater Services Design and Construction Standards. Prior to commencing site improvements,the Applicant shall submit design plans for the stormwater water quality and detention facilities meeting the CleanWater Services (CWS)Design and Construction Standards and the City of Tigard.This submittal shall include a maintenance plan in ENGINEERING COMMENTS PAGE 17 accordance with the CWS Design and Construction Standards and the City of Tigard Design Guidelines,for the facilities and must be reviewed and approved by the city. Prior to commencing site improvements,the Applicant shall obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI permit. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. Prior to Final Plat Approval,all public stormwater drainage system including water quality and detention facilities shall be constructed,completed,and/or 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 unless specified in Table 18.810.1. 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. The Applicant's narrative and site plans indicate that the proposed subdivision will include 29'dedication from the centerline along the project's frontage on SW 98th Ave to accommodate 18'pavement,curb,5' planter,and 5'sidewalk meeting the City of Tigard's Neighborhood Route cross section with bike lanes. However,SW 98th Ave is not a bike route. A 27'right of way from the centerline shall be dedicated to accommodate 16'pavement for travel lane and on street parking, 5'planter,and 5'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: 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 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; 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 undergrounding requirement. ENGINEERING COMMENTS PAGE 18 1.The developer shall pay a fee in-lieu of undergrounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of undergrounding in conjunction with the development.The determination shall be on a case-by-case basis.The most common,but not the only,such situation is a short frontage development for which undergrounding would result in the placement of additional poles,rather than the removal of above-ground utilities facilities. 2.An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay the fee in-lieu of undergrounding. 3. Properties within the CBD zoning district shall be exempt from the requirements for undergrounding of utility lines and from the fee in-lieu of undergrounding. 4.The exceptions in paragraphs 1 through 3 of this subsection C shall apply only to existing utility lines.All new utility lines shall be placed underground. D. Fee in-lieu of undergrounding. 1.The city engineer shall establish utility service areas in the city.All development which occurs within a utility service area shall pay a fee in-lieu of undergrounding for utilities if the development does not provide underground utilities,unless exempted by this code. 2.The city engineer shall establish the fee by utility service area which shall be determined based upon the estimated cost to underground utilities within each service area.The total estimated cost for undergrounding in a service area shall be allocated on a front-foot basis to each party within the service area.The fee due from any developer shall be calculated based on a front-foot basis. 3.A developer shall receive a credit against the fee for costs incurred in the undergrounding of existing overhead utilities.The city engineer shall determine the amount of the credit, after review of cost information submitted by the applicant with the request for credit. 4.The funds collected in each service area shall be used for undergrounding utilities within the city at large.The city engineer shall prepare and maintain a list of proposed undergrounding projects which may be funded with the fees collected by the city.The list shall indicate the estimated timing and cost of each project.The list shall be submitted to the city council for their review and approval annually. The Applicant's narrative indicates that the proposed subdivision will be designed with 8'PUE to enable all franchised utilities placing underground. The narratives also indicate the Applicant is going to pay fee in lieu for any overhead power that may front the property on SW 98th Ave or as required by the City Engineer. Prior to commencing of site improvement,the Applicant shall submit site plans as part of the Public Facility Improvement Permit indicating that the existing overhead utilities along the project frontage on SW 98th Ave being place underground. Alternatives shall be subject to review and approval of the City Engineer. Prior to Final Plat Approval,the existing overhead utilities along the project frontage on SW 98th Ave shall be placed underground,completed,and/or satisfied. ENGINEERING COMMENTS PAGE 19 ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study: Traffic impact study is not required. Fire and Life Safety: Emergency vehicle turn around,location of fire hydrants,and fire flow must be reviewed and approved by TVF&R prior to commencement site improvements. The 20'Fire Department turnaround easement shall be recorded as part of the Subdivision Plat. Public Water System: The Applicant's site plans indicate that eight new water meters are going to be installed along the frontage of the proposed subdivision. The meters are going to be tapped into the existing public 4" CI main located on SW 98th Ave. Prior to commencing site improvements,the Applicant shall submit site plans as part of the Public Improvement Permit showing the existing 4"CI water along the project frontage on SW 98th Ave to be replaced with 8"DI. The new 8"DI water main shall be extended to connect to the existing 8" DI stub out located near the intersection between SW 98th Ave and SW Scott Court. Any services affected by the main replacement shall be replaced and reconnected. The existing 4"CI main being replaced shall be removed. 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 commencing site improvements,submit a final storm drainage report for the streets and lots to Engineering Division for review and approval. Prior to commencing site improvements,the Applicant shall submit design plans for the stormwater water quality and detention facilities within the subdivision meeting the Clean Water Services (CWS) Design and Construction Standards and the City of Tigard.This submittal shall include a maintenance plan in accordance with the CWS Design and Construction Standards and the City of Tigard Design Guidelines,for the facilities and must be reviewed and approved by the city. Prior to commencing site improvements,the Applicant shall obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI permit.Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. Prior to Final Plat Approval,all public stormwater water quality and detention facilities shall be constructed,planted,completed,and/or satisfied. 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 ENGINEERING COMMENTS PAGE 20 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 design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of commencing of site improvements. For this project,the addressing fee will be$500 (8 lots and 2 tracts X$50/address = $500). Survey Requirements: The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates,referenced to NAD 83 (91). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: The applicant shall prepare a cover letter and submit it,along with any supporting documents and/or plans that address the following requirements,to the ENGINEERING DEPARTMENT, ENGINEERING COMMENTS PAGE 21 ATTN: KHOI LE at 503-718-2440. The cover letter shall clearly identify where in the submittal the required information is found: 1. All public improvements including street,utilities,grading,onsite and offsite stormwater quality and detention facilities,streetlights,easements,easement locations,and utility connection for future utility extensions shall be designed in accordance with the following codes and standards: • City of Tigard Public Improvement Design Standards • CleanWater Services (CWS)Design and Construction Standards • Tigard Community Development Codes,Municipal Codes • Fire Codes • Other applicable County,State,and Federal Codes and Standard Guidelines 2. All public improvements including street,utilities,grading,onsite and offsite stormwater quality and detention facilities,streetlights,easements,easement locations,and utility connection for future utility extensions are subject to the City Engineer's review, modification,and approval. 3. Prior to commencing site improvements,a Public Facility Improvement(PFI)Permit is required for this project to cover all infrastructure work including onsite and offsite stormwater Water Quality and Detention Facilities 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 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). 4. Prior to commencing site improvements,submittal of 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. 5. Prior to commencing site improvements,the Applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided onsite. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application,and shall include the vehicles of all suppliers and employees associated with the project. 6. Prior to commencing of site improvements,the Applicant shall provide Engineering Division a photometric analysis for the review and approval. New LED streetlights are required based on the photometric analysis;the Applicant shall submit plans showing the location of streetlights to Engineering Division for review and approval. Type and color of pole and light fixture shall also be included on the plan for review and approval. ENGINEERING COMMENTS PAGE 22 7. Prior to commencing of site improvements,the Applicant shall submit plans showing the following items to Engineering for review and approval: SW 98th Ave shall include and shall be shown to have: • 27'right of way dedication from center line • 16'pavement improvement from center line for travel lane and on street parking • Curb and gutter • Storm drainage improvement including but not limited replacing the existing catch basin located south of the proposed driveway approach of the private street with a shallow manhole and grate lid meeting CleanWater Services Design and Construction Standards • 5'planter • 5'concrete sidewalk • Fill in sidewalk gap between the proposed subdivision and tax lots: 1S135CD01700, 1S135CD01701, 1S135CD01702, 1S135CD01703 • Relocate exiting utility poles affected by sidewalk extension • Reconstruct existing driveways affected by sidewalk extension • Residential driveway approach per the City of Tigard Design Standards • Commercial driveway approach for private street at SW 98th Ave per the City of Tigard Design Standards • Street trees in the planter strip spaced per TDC requirements • Street light as approved by City Engineer • Underground utilities • Street signs,names and traffic control devices (not to be provided by the City) • Asphalt concrete pavement and rock section meeting the City's public street standard for a Neighborhood Route • Street profile,extended a minimum of 300'beyond frontage in each direction • Pavement transition taper per the City of Tigard Design Standards • Sidewalk barricade • Mail boxes Tract'A"Private Street shall include and shall be shown to have: • 20'pavement,minimum • Curb • 5'sidewalk • Residential driveway approaches • Asphalt concrete pavement and rock section meeting the City's public street standard for a Residential Local Street • Street profile • Storm drainage improvement including 12"main,manholes,and curb weep holes meeting CleanWater Services Design and Construction Standards • Channel and grate in the sidewalk meeting the City of Portland details SW-335A and SW- 335B • Street signs,names and traffic control devices • Non access reserve along Lot 1 and Lot 2 8. Prior to commencing of site improvement,the Applicant shall submit site plans as part of the Public Facility Improvement Permit indicating that the existing overhead utilities along the project frontage on SW 98th Ave being place underground. Alternatives shall be subject to review and approval of the City Engineer. 9. Prior to commencing site improvements,submit a final storm drainage report for the streets and lots to Engineering Division for review and approval. The storm drainage report shall be prepared in accordance with CWS Design and Construction Standards. ENGINEERING COMMENTS PAGE 23 10. Prior to commencing site improvements,the Applicant shall submit design plans for the stormwater water quality and detention facilities within the subdivision meeting the CWS Design and Construction Standards and the City of Tigard.This submittal shall include a maintenance plan in accordance with the CWS Design and Construction Standards and the City of Tigard Design Guidelines,for the facilities and must be reviewed and approved by the city. 11. Prior to commencing of site improvements,the Applicant shall submit site plans as part of the PFI Permit showing the location of the proposed storm drainage system and associated service laterals to Engineering for review and approval. The storm drainage system and service laterals shall be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. 12. Prior to commencing site improvements,the Applicant shall obtain a CWS Stormwater Connection Authorization prior to issuance of the City of Tigard PFI Permit.Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. 13. Prior to commencing of site improvements,the Applicant shall submit site plans as part of the PFI Permit showing the location of the proposed sanitary sewer main and associated service laterals to Engineering for review and approval. The sanitary sewer main and service laterals shall be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. 14. Prior to commencing site improvements,the Applicant shall submit site plans as part of the Public Improvement Permit showing the existing 4"CI water along the project frontage on SW 98th Ave to be replaced with 8"DI. The new 8"DI water main shall be extending to connect to the existing 8"DI stub out located near the intersection between SW 98th Ave and SW Scott Court. Any services affected by the main replacement shall be replaced and reconnected. The existing 4"CI main being replaced shall be removed. NOTE: An estimated 12 percent of the water system cost will be assessed prior to approval of the City of Tigard's PFI permit. 15. Prior to commencing site improvements,the Applicant will be required to provide written approval from Tualatin Valley Fire&Rescue for fire flow,hydrant placement,and emergency vehicular access and turn around. 16. Prior to commencing of site improvement,a common maintenance agreement of the private street serving Lot 3 to Lot 8 and the common driveway serving Lot 1 and Lot 2 shall be submitted to Engineering Division as part of the Public Facility Improvement(PFI)Permit for review and approval. A non-access reserve strip along the south line of Lot 1 and Lot 2 shall also be submitted for review and approval. 17. Prior to commencing site improvements,an erosion control plan shall be provided as part of the Public Facility Improvement permit drawings. The plan shall conform to the"CWS Erosion Prevention and Sediment Control Design and Planning Manual" (current edition) and submitted to City of Tigard with the PFI plans. 18. Prior to commencing site improvements,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 Division. ENGINEERING COMMENTS PAGE 24 19. The design engineer shall indicate,on the grading plan,which lots will have natural slopes between 10 percent and 20 percent,as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. 20. 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. 21. Prior to commencing of site improvements,the Applicant shall submit site plans showing location of the street monuments to Engineering for review and approval. THE FOLLOWING CONDITIONS SHALL BE SATIFIED PRIOR TO APPROVAL OF THE FINAL PLAT 22. Prior to final plat approval,the Applicant shall complete the required public improvements including but not limited to street improvement and sidewalk extension,obtain conditional acceptance from the City,and provide a one-year maintenance assurance for said improvements. 23. Prior to final plat approval,the all public utility facilities including but not limited to storm drainage,water quality,detention,sanitary sewer,water,gas,electrical,communication,and wireless shall be constructed,completed, and/or satisfied. 24. Prior to final plat approval,submit private street name for review and approval. 25. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners who abut and take access from it. 26. Prior to approval of the final plat,the applicant shall prepare Conditions,Covenants and Restrictions (CC&R's) for this project,to be recorded with the final plat,that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street. The applicant shall submit a copy of the CC&R's to the Engineering Division prior to approval of the final plat. 27. Prior to approval of the final plat,the applicant shall demonstrate that they have formed and incorporated a homeowner's association. 28. Prior to approval of the final plat,the applicant shall prepare Conditions,Covenants and Restrictions (CC&R's) for this project,to be recorded with the final plat,that clearly lays out a maintenance plan and agreement for the proposed private water quality/detention facility. The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the facility. The applicant shall submit a copy of the CC&R's to the Engineering Department(Kim McMillan)prior to approval of the final plat. 29. Prior to approval of the final plat,the applicant shall provide a public storm drainage and sanitary sewer easement over the entirety of Tract"A". ENGINEERING COMMENTS PAGE 25 30. Prior to final plat approval,the existing overhead utilities along the project frontage on SW 98th Ave shall be placed underground,completed,and/or satisfied. 31. Prior to final plat approval 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). 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: o GPS tie networked to the City's GPS survey. o By random traverse using conventional surveying methods. 32. Submit for City review four(4)paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon,and necessary data or narrative. 33. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05),Washington County,and by the City of Tigard. 34. Partition plat will include signature lines for the City Engineer and Community Development Director. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the Applicant's surveyor. 35. Prior to final plat approval,the Applicant shall pay an addressing fee in the amount of $500.00. (8 lots and 2 tracts X$50/address). 36. After the City and County have reviewed the final plat,submit one of the final plat for City Engineer and Community Development Director signatures. 37. Submit a check in the amount of the current final plat review fee(Contact Planner on Duty, at 503718-2421) 38. Prior to final plat approval,the Applicant shall submit to Engineering Division the final sight distance certification of both lots for review and approval. 39. Prior to final plat approval,a common maintenance agreement of the private street serving Lot 3 to Lot 8 and the common driveway serving Lot 1 and Lot 2 shall be submitted to Engineering Division as part of the Public Facility Improvement(PFI)Permit for review and approval. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: Before City approval is certified on the final plat,and before approved construction plans are issued by the City,the Subdivider shall: • Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed;and ENGINEERING COMMENTS PAGE 26 • Include in the agreement provisions that if such work is not completed within the period specified,the City may complete the work and recover the full cost and expenses from the subdivider.The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As required by Section 18.430.080,the subdivider shall file with the agreement an assurance of performance supported by one of the following: • An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; • A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated;or • Cash.The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance.The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.430.100 Filing and Recording: Within 60 days of the City review and approval,the Applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92.Upon final recording with the County,the Applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat Application Submission Requirements: Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon,and necessary data or narrative. The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05),Washington County,and by the City of Tigard. STREET CEN 1'ERLINE 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: • All centerline-centerline intersection points; • All cul-de-sac center points;and • 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,culde-sac center points,and curve points.The tops of all monument boxes shall be set to finished pavement grade. 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 ENGINEERING COMMENTS PAGE 27 above ground,temporary utility service facilities during construction,high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Bond Required All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City.Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer.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 Requited 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. ENGINEERING COMMENTS PAGE 28 10 `) 6 www.tvfr.com Tualatin Valley Fire & Rescue July 25, 2017 Monica Bilodeau City of Tigard 13125 SW Hall Blvd Tigard OR 97223 Re: Canyon Court Comp Plan 2017-00001 Sub 2017-00002 Tax Lot I.D: 1S135CD01600 Thank you for the opportunity to review the proposed site plan surrounding the above named development project. These notes are provided in regards to the plans received July 10, 2017. There may be more or less requirements needed based upon the final project design, however, Tualatin Valley Fire & Rescue will endorse this proposal predicated on the following criteria and conditions of approval. FIRE APPARATUS ACCESS: 1. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed driving surface width of not less than 20 feet(26 feet adjacent to fire hydrants (OFC D103.1)) and an unobstructed vertical clearance of not less than 13 feet 6 inches. (OFC 503.2.1) 2. NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and 20 feet of unobstructed driving surface, "No Parking" signs shall be installed on one or both sides of the roadway and in turnarounds as needed. Signs shall read"NO PARKING-FIRE LANE"and shall be installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have red letters on a white reflective background. (OFC D103.6) 3. NO PARKING: Parking on emergency access roads shall be as follows (OFC D103.6.1-2): 1. 20-26 feet road width—no parking on either side of roadway 2. 26-32 feet road width—parking is allowed on one side 3. Greater than 32 feet road width—parking is not restricted 4. PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted red (or as approved) and marked"NO PARKING FIRE LANE"at 25 foot intervals. Lettering shall have a stroke of not less than one inch wide by six inches high. Lettering shall be white on red background (or as approved). (OFC 503.3) 5. FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on a fire apparatus access road,the minimum road width shall be 26 feet and shall extend 20 feet before and after the point of the hydrant. (OFC D103.1) 6. SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced as to provide all-weather driving capabilities. (OFC 503.2.3) Command and Business Operations Center and South Operating Center Training Center North Operating Center 8445 SW Elligsen Road 12400 SW Tonquin Road 11945 SW 70th Avenue Wilsonville,Oregon Sherwood,Oregon Tigard,Oregon 97223-9196 97070-9641 97140-9734 503-649-8577 503-259-1500 503-259-1600 7. TURNING RADIUS: The inside turning radius and outside turning radius shall not be less than 28 feet and 48 feet respectively, measured from the same center point.(OFC 503.2.4&D103.3)Assure turning radius off SW 98th meets this criteria. 8. ACCESS DURING CONSTRUCTION: Approved fire apparatus access roadways shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. Temporary address signage shall also be provided during construction. (OFC 3309 and 3310.1) 9. TRAFFIC CALMING DEVICES: Shall be prohibited on fire access routes unless approved by the Fire Marshal. (OFC 503.4.1). FIREFIGHTING WATER SUPPLIES: 10. SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for one and two-family dwellings served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s)is(are)3,600 square feet or larger, the required fire flow shall be determined according to OFC Appendix B. (OFC B105.2) 11. FIRE FLOW WATER AVAILABILITY: Applicants shall provide documentation of a fire hydrant flow test or flow test modeling of water availability from the local water purveyor if the project includes a new structure or increase in the floor area of an existing structure. Tests shall be conducted from a fire hydrant within 400 feet for commercial projects, or 600 feet for residential development. Flow tests will be accepted if they were performed within 5 years as long as no adverse modifications have been made to the supply system. Water availability information may not be required to be submitted for every project. (OFC Appendix B) 12. FIREFIGHTING WATER SUPPLY FOR RURAL ONE-AND TWO-FAMILY DWELLINGS: Rural one-and two-family dwellings, where there is no fixed and reliable water supply and there is approved access, shall not be required to provide a firefighting water supply. 13. WATER SUPPLY DURING CONSTRUCTION IN MUNICIPAL AREAS: In areas with fixed and reliable water supply, approved firefighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. (OFC 3312.1) FIRE HYDRANTS: 14. FIRE HYDRANTS—ONE-AND TWO-FAMILY DWELLINGS&ACCESSORY STRUCTURES: Where the most remote portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. (OFC 507.5.1) 15. FIRE HYDRANT NUMBER AND DISTRIBUTION: The minimum number and distribution of fire hydrants available to a building shall not be less than that listed in Table C 105.1. (OFC Appendix C) 16. PRIVATE FIRE HYDRANT IDENTIFICATION: Private fire hydrants shall be painted red in color. Exception: Private fire hydrants within the City of Tualatin shall be yellow in color. (OFC 507) 17. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway unless approved by the Fire Marshal. (OFC C102.1) 18. REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of blue reflective markers. They shall be located adjacent and to the side of the center line of the access roadway that the fire hydrant Residential One-and Two-Family Development 3.2.1—Page 2 is located on. In the case that there is no center line, then assume a center line and place the reflectors accordingly. (OFC 507) 19. PHYSICAL PROTECTION: Where fire hydrants are subject to impact by a motor vehicle, guard posts, bollards or other approved means of protection shall be provided. (OFC 507.5.6 &OFC 312) 20. CLEAR SPACE AROUND FIRE HYDRANTS: A 3 foot clear space shall be provided around the circumference of fire hydrants. (OFC 507.5.5) BUILDING ACCESS AND FIRE SERVICE FEATURES 21. PREMISES IDENTIFICATION: New and existing buildings shall have approved address numbers; building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property, including monument signs. These numbers shall contrast with their background. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 1/2 inch. (OFC 505.1) Provide a physical address on the new home, as well as, near the intersection of the private drive and public road visible from both approaches of[enter road intersections here] If you have questions or need further clarification, or would like to discuss any alternate methods and/or materials, please feel free to contact me at 503-259-1504. Sincerely, hof John Wolff Deputy Fire Marshal II Email John.wolff@tvfr.com Cc:TVF&R File Residential One-and Two-Family Development 3.2.1—Page 3 CleanWater Services MEMORANDUM Date: July 24, 2017 To: Monica Bilodeau,Associate Planner,City of Tigard From: Jackie Sue Humphreys lean Water Services(CWS) Subject: Canyon Court 8-Lot Subdivision, SUB 2017-00002, 1S135CD01600 Please include the following comments when writing your conditions of approval: PRIOR TO ANY WORK ON THE SITE AND PLAT RECORDING A Clean Water Services(CWS) Storm Water Connection Permit Authorization must be obtained prior to plat approval and recordation. Application for CWS Permit Authorization must be in accordance with the requirements of the Design and Construction Standards,Resolution and Order No. 17-5,(or current R&O in effect at time of Engineering plan submittal),and is to include: a. Detailed plans prepared in accordance with Chapter 2, Section 2.04. b. Detailed grading and erosion control plan. An Erosion Control Permit will be required. Area of Disturbance must be clearly identified on submitted construction plans. c. Detailed plans showing each lot within the development having direct access by gravity to public storm and sanitary sewer. d. Provisions for water quality in accordance with the requirements of the above named design standards. Water Quality is required for all new development and redevelopment areas per R&O 17-5, Section 4.05. Access shall be provided for maintenance of facility per R&O 17-5, Section 4.02.4. e. If use of an existing offsite or regional Water Quality Facility is proposed,it must be clearly identified on plans,showing its location, condition,capacity to treat this site and, any additional improvements and/or upgrades that may be needed to utilize that facility. 2550 SW Hillsboro Highway • Hillsboro,Oregon 97123 Phone: (503)681-3600 • Fax:(503)681-3603 • cleanwaterservices.org f. If private lot LIDA systems proposed,must comply with the current CWS Design and Construction Standards. A private maintenance agreement,for the proposed private lot LIDA systems,needs to be provided to the City for review and acceptance. g. Show all existing and proposed easements on plans. Any required storm sewer, sanitary sewer,and water quality related easements must be granted to the City. h. Any proposed offsite construction activities will require an update or amendment to the current Service Provider Letter for this project. CONCLUSION This Land Use Review does not constitute CWS approval of storm or sanitary sewer compliance to the NPDES permit held by CWS. CWS,prior to issuance of any connection permits,must approve final construction plans and drainage calculations. CITY OF TIGARD PLANNING COMMISSION Meeting Minutes October 16,2017 Meeting location:Tigard Civic Center Town Hall,13125 SW Hall Blvd. CALL TO ORDER President Fitzgerald called the meeting to order at 7:00 p.m. ROLL CALL Present: President Fitzgerald Vice President Feeney Commissioner Jackson Commissioner Lieuallen Commissioner McDowell Commissioner Middaugh Alt. Commissioner Mooney Commissioner Schmidt Absent: Commissioner Hu Staff Present: Tom McGuire,Assistant Community Development Director; Doreen Laughlin,Executive Assistant;Monica Bilodeau,Associate Planner; Khoi Le,Principal Engineer COMMUNICATIONS Commissioners Jackson and Middaugh had attended an Affordable Housing Conference and gave the commissioners some feedback from the meeting along with some statistics. CONSIDER MINUTES October 2, 2017 Meeting Minutes: President Fitzgerald asked if there were any additions, deletions, or corrections to the October 2 minutes; there being none,President Fitzgerald declared the minutes approved as submitted. OPEN PUBLIC HEARING President Fitzgerald opened the public hearing. CANYON COURT COMPREHENSIVE PLAN AMENDMENT/ ZONE October 16,2017 CHANGECOMPREHENSIVE PLAN AMENDMENT (CPA) 2017-00001;Zone Change (ZON) 2017-00001; Subdivision (SUB) 2017-00002;Adjustment (ADJ) 2017-00008 REQUEST: The applicant requests approval of a Comprehensive Plan Designation and Zoning Map Amendment from low density residential, R-4.5, to medium density residential, R-12, and eight lot subdivision on 0.91 acres. Lots will be developed with detached single-family homes. Proposed lot sizes range from 2,785 to 4,917 square feet. The request also includes an adjustment of setbacks adjacent to property zoned R-4.5,reducing it from 30-feet to 24-feet.LOCATION: 11600 SW 98th Ave;TAX MAP # 1S135CD01600; ZONE: Existing: Low Density Residential (R4.5); Proposed: Medium Density Residential(R-12);APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.030,18.390.050,18.390,18.430,18.510,18.705,18.715,18.725,18.745,18.765,18.790,18.795 and 18.810.; Comprehensive Plan Goals 1, 2, 10; Statewide Planning Goals 1, 2, 10; and Metro's Urban Growth Management Functional Plan Titles 1,7,and 12. 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. Ex-parte contacts: None. Site visitations: Commissioners Middaugh and Schmidt. No one in the audience wished to challenge the jurisdiction of the commission. STAFF REPORT Associate Planner Monica Bilodeau went over the staff report and a PowerPoint (Exhibit A). Monica noted that the subject property is adjacent to R-12 and to R-4.5. There are eight proposed lots with a proposed private street that will access directly off 98th. She went over the following project summary: • Going from a low to medium density—R-4.5 to an R-12; • They are proposing an 8 lot subdivision—which is in the allowed minimum density range; • Lots will range from 2,785 to 4,917 Sq Ft. • They are proposing detached units, single family, on a 0.91 acre site • They are also requesting an adjustment to the setbacks. Because it is adjacent an R-4.5 zone,we would require an additional setback of 30'— so they have asked for a reduction from a 30' setback to a 24' —and that is part of this application as well. STAFF RECOMMENDATION Staff recommends the Planning Commission make a recommendation of approval of the proposed comprehensive plan/zone change amendment, subdivision, and adjustment to the Tigard City Council for additional review. QUESTIONS OF STAFF —None APPLICANT'S PRESENTATION October 16,2017 Applicant Project Planner Annemarie Skinner of Emerio Design spoke on behalf of herself and the property owner,who is also the applicant and developer, as she thanked staff for their work on this application. She said they are very happy that staff is recommending approval on all counts. In light of the fact that staff is recommending approval, and since they'd submitted a comprehensive application, they were not there to bring up everything that is in the application but to simply reiterate that the needs analysis was submitted and all of the findings in the narrative show that the comprehensive plan goals for the rezone have been met. They are asking for the Planning Commission's recommendation of approval. Scott Miller, Owner and Developer, came up to thank staff for all the help they'd given them in making sure they designed this appropriately for the community. He said he's happy to be involved in this project here in the City of Tigard and noted that it's his first Tigard project; he'd done projects in Tualatin and Wilsonville—but is happy to now be in Tigard. TESTIMONY IN FAVOR - None TESTIMONY IN OPPOSITION Robert Dorsett 11550 SW 98th Ave. Tigard—owns property adjacent to the development site. He is adamantly against this development—4.5 to 12 almost tripling the zoning—infuriates him. He bought into the neighborhood because of the mature trees. He is very upset about the zone change and is upset about the prospect of them clear-cutting the property. He is very unhappy about the additional traffic that will undoubtedly occur due to these units;he has lost two dogs and a cat that'd been hit by traffic. There are many children and pets in the area and the City doesn't seem to care about this. They've done nothing to slow down all the new traffic that seems to buzz through there. He hasn't had time to go over the design plans. He's curious as to why the two units closest to the street (lots 1 & 2) appear to have driveways on 98th Street and would like an explanation as to why. President Fitzgerald explained that his concerns can be addressed later in the meeting. He said he has an existing native Oak tree on his property that he does not want to see damaged. In addition to the zoning change, he said, they're asking for significant variances—30' down to 24'—and he finds that offensive. He said the City doesn't seem to care about the existing citizens in Tigard. He describes it as the City "biting the hands that feed them." Sharon Dorsett 11550 SW 98th Ave. —has lived in Tigard for over 25 years. She is very concerned about the proposal from R-4.5 to R-12. She is concerned about traffic. There are no speed bumps—they have a school bus that goes through— schoolchildren walking in the streets. This would be adding nine houses times two or three cars each which would equal lots of traffic. She believes they may even subdivide later on. There are too many cars. The apartments across the street and the row houses down the street— are already causing parking problems. Additionally, she is concerned about the height of the buildings. QUESTIONS—Where is your property located? On the north side. STAFF COMMENTS October 16,2017 City of Tigard's principal engineer, Khoi Le: Regarding the question - "Why do they have driveways for lots 1 and 2 on to SW 98th?The reason we have access onto 98th is that we only allow six lots onto a private street. They do have a maximum of six lots on private streets— so that's the reason why*inaudible* wanted to pass the access onto 98th. Khoi also explained how speed bumps are discouraged because they cause problems for emergency vehicles. Associate Planner,Monica Bilodeau: I wanted to follow up —there was a question about one of the off-site Oak trees. The applicant and their arborist has proposed to provide protection for that off-site tree. They are conditioned to have an arborist on-site while any grading or work that happens adjacent to that tree. We do have proposed tree protection fencing as well. It is our intent to preserve that tree. There was also a question on the height. The R-12 zoning does allow for 35' height; two stories. APPLICANT REBUTTAL Annemarie Skinner—addressed the parking requirements. There are no on-street parking requirements in the code. There is an off-street parking requirement for single-family dwellings to be located on the same lot with the dwelling. That is one space per dwelling—regardless of whether it's 4.5 or 12, and the project is meeting that—actually doubling it because there will be two spaces provided—one via the driveway and two via the 2-car garages. As far as traffic - the applicant has done everything he can to meet the code requirements for traffic. The city's code does not require a traffic study for this project. It does not require any traffic mitigation. The code requires right-of-way dedication,it requires street frontage improvements along the subject site SW 98th frontage,which is shown in the plans—and the code requires the extension of the sidewalk to the south,which is a condition of approval—and the applicant will have to abide by. Those are the only traffic requirements in the code. If there were others,we would show them on the plans, but those are the only code requirements that there are. The application is meeting all of the traffic requirements from the code. The code required maintenance of the private street began; the code requires a maintenance agreement for that—it also requires a maintenance agreement for the joint driveway. Those are addressed in the narrative that was submitted. They are also conditions of approval that the applicant and developer will have to abide by. Staff will review that for compliance before they will sign off on the final plat. Regarding the rezone itself—the rezone from 4.5 to 12 does not triple. In looking at doing a development at R-4.5—the acreage would have allowed us to be able to get five houses in there—this project proposes eight. That's not even double;it's only an additional three houses by allowing it to go to R-12. Owner Scott Miller noted: "The only thing I wanted to make sure everybody understood —if you were to look at the R-4.5 zone versus the R-12, regarding these three homes in the tract—if we could get two homes, they would actually be much closer to that property line. And the 30' height limit vs 35'—in effect, by pulling it back at the R-12, there's actually more privacy for the house to the north versus what it would be there if it was left at the R-4.5 zone." QUESTIONS October 16,2017 Regarding the existing Oak tree that is neighboring to the northwest - tree 2163 —will that tree be protected? "That tree is not on our property, so we have to preserve it and protect it. For just a driveway, the grading is negligible. It could be done in such a manner that it will not go deep enough to affect the roots. No harm will come to that tree. The roots will be protected." Is the drive there permeable? "It is not proposed right now as permeable." Is that an option? "I suppose it is." President Fitzgerald suggested that the applicant reach out and establish communication with the neighbors. PUBLIC HEARING CLOSED DELIBERATION President Fitzgerald asked for initial thoughts (which follow): • I like the idea of proposing a permeable surface—that would eliminate a catch basin. • As far as the zoning change as it pertains to this proposed use... I don't feel the differences between the two as they would be implemented, I don't think they're significant enough to deny this on the basis of code. I don't see anything that troubles me. I'm in support of resolution. • The applicant seems to meet the criteria that's been set out. The factors that have been brought up have been mitigated. There'll be a little more privacy, a little more set-back, ironically, than if it was under the current zoning. So,it seems like those are improvements and the tree is protected. I'm in support of both the zone change and the set-back. • It seems like a reasonable request. Change is always difficult when it's in your neighborhood. • I concur with my fellow commissioners. The only concern I have is the adjacent tree. I don't feel that there is any additional condition that needs to be added. I believe a permeable driveway would be detrimental to the tree. • I feel for the Dorsetts, I understand their concern, but I don't see any reason to deny the request. • I think everyone has covered everything I would say. The only point I'm a little unclear of in my mind is -why the adjustment from 30' to 24'? If we didn't grant that adjustment,we're affecting three properties and I'd be curious what that would affect over all the entire project. HEARING REOPENED to answer the question regarding the adjustment. Monica Bilodeau went over some maps and explained the reasons for the adjustment. Among others, by not granting the adjustment, they could be opening the possibility of a developer going back to R-4.5,which may inadvertently push them in the other direction towards a larger product and a narrower setback -which could ultimately result in less space and privacy. October 16,2017 HEARING CLOSED MOTION Commissioner Feeney made the following motion: I move the Planning Commission forward a recommendation of approval to the City Council on CPA2017-00001; ZON2017- 00001; SUB2017-00002;and ADJ2017-00008, and adoption of findings and conditions of approval in staff report and based on the testimony received. Commissioner Schmidt seconded the motion. VOTE All in favor—none opposed. RESULT Motion to recommend APPROVAL passes unanimously; this item will go to City Council on November 28. OTHER BUSINESS Assistant Community Development Director Tom McGuire reminded the commission that they had expressed an interest in having a joint meeting with City Council after the planning commission's discussion on affordable housing. [This discussion will take place on Monday, November 6.] Tom said the Council was very receptive to having that meeting, so a December 19 joint Planning Commission/City Council meeting is now on the schedule. The commissioners will be able to debrief Council on that November 6 affordable housing discussion. [The affordable housing discussion has since been moved to Monday, November 27.] ADJOURNMENT President Fitzgerald adjourned the meeting at 8:10 p.m. Doreen Laughlin,Planning C&i mission Secretary AT ESf1: Pragi& Pit ve�_.. �_.il • � t m October 16,2017 CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done 1111 s TIGARD Canyon Court Planning Commission Hearing Agenda Item #5 Community Development ( October 16,2017 CITY OF TIG A RD Zoning Map Preliminary Plat :., _ ZroOne lug I CANYON COURT :. II-LOT SuBDIVISIOM 11111 j.. 0•*112areie.Cam. 5 SN1A1SECTIOR 16 T 13 R IW W 10 t I:.: .".. !1 - E.:,÷::::... TAY LOT 01600 TIGARD GREGOR 11 ...- ...___j I r.g.-: ----, ,....."—... --.-..,.—- R45 R12 ..... , ... ..:42. 1 .- a• z.-.:.... i:.4.1 .n.. Ea:. a.-...... - , -=.- ;lax ........ R-12 . ,--,-----,...- twomaxamemmlwain= R-4 5 ll NMI ... d , • 00.0.0. 1.--,zrzt:,---..- ---_:-_-_.--E------:-:::-. - r0,1 .0,,.. , - - ------- TELifv...i".."-•'-'"z• .0- =----il' ,,, _.---. _ r oar .... 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Ri f - i wYCr - o r *1-.4.4:40 CITY OF TIC .A R D Staff Recommendation Staff recommends the Planning Commission make a recommendation to approve of the proposed comprehensive plan/zone change amendment, subdivision, and adjustment to the Tigard City Council. CPA2017-00001 Z0 N 2017-00001 SU B2017-00002 ADJ2017-00008 AGENDA ITEM No. 4 Date: November 28, 2017 PUBLIC HEARING (QUASI-JUDICIAL) TESTIMONY SIGN-UP SHEETS Please sign on the following page(s) if you wish to testify before the Tigard City Council on: CANYON COURT COMPREHENSIVE PLAN AMENDMENT/ ZONE CHANGE — COMPREHENSIVE PLAN AMENDMENT (CPA) 2017-00001 Zone Change (ZON) 2017-00001 REQUEST: The applicant requests approval of a Comprehensive Plan Designation and Zoning Map Amendment from low density residential, R-4.5, to medium density residential, R-12, and eight lot subdivision on 0.91 acres. Lots will be developed with detached single-family homes. Proposed lot sizes range from 2,785 to 4,917 square feet. The request also includes an adjustment of setbacks adjacent to property zoned R-4.5,reducing it from 30-feet to 24-feet. LOCATION: 11600 SW 98th Ave;TAX MAP# 1S135CD01600 ZONE: Existing: Low Density Residential (R4.5);Proposed: Medium Density Residential(R-12) APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.030, 18.390.050, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810.; Comprehensive Plan Goals 1, 2, 10; Statewide Planning Goals 1, 2, 10; and Metro's Urban Growth Management Functional Plan Titles 1, 7, and 12. Due to time Constraints City Council May Impose a Time Limit on Testimony AGENDA ITEM No. 4 Date: November 28, 2017 PLEASE PRINT 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,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. Due to time Constraints City Council May Impose a Time Limit on Testimony Quasi-Judicial Land Use Hearing Procedures Statement by City Attorney This is a quasi-judicial land use proceeding. Council's decision must be based on the following substantive criteria: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Goal 1, Goal 11, Goal 12,and Goal 14;ORS Chapter 222;Metro Code Chapter 3.09. Testimony,arguments and evidence must be directed toward the applicable criteria. Failure to raise an issue clearly enough so that Council understands and can address the issue precludes an appeal on that issue. Members of the City Council will be asked whether they have any conflicts of interest. If a Council member has an actual conflict,the Council member cannot participate. Council members must declare any contacts about this case with a member of the public. Council members must also declare if they have independent knowledge of relevant facts,such as from a visit to the site in question. A Council member who describes ex parte contacts or independent information may still participate in the decision. After the discussion of conflicts and ex parte contacts,any person may challenge the participation of a Council member or rebut any statements made. The Council member in question may respond to such a challenge. Council members also may ask the staff and witnesses questions throughout the hearing,until the record closes. After the record is closed,the City Council will deliberate about the request. During deliberations, the City Council may re-open the public portion of the hearing if necessary to receive additional evidence before making a decision. Please do not repeat testimony. If you agree with the statement of an earlier witness,please just state that and add any additional points of your own. When you are called to testify,please come forward to the table. Please begin your testimony by giving your name,spelling your last name,and give your full mailing address including zip code. Statement by Mayor The conduct for tonight's hearing shall be as follows: 1. City staff will summarize the written staff report. 2. The applicant will testify. 3. Council will take public comment. 4. Staff will have an opportunity to respond. 5. The applicant will be given an opportunity for rebuttal. 6. Council will ask any questions of staff or witnesses. 7. Mayor Cook will close the public hearing. 8. Council will deliberate and vote. City of Tigard, Oregon Affidavit of Posting1,1 In the Matter of the Proposed Ordinance(s) T I G A R D STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, l' -eA, t j 134,101-010_ , being first duly sworn,by oath, depose and say: I posted in the following public and conspicuous places, a copy of Ordinance Number(s) which were adopted at the City Council meeting of NovevY)kkergpa1,7on the o� day of NO'iM(oe , 20 17. po--,teett "lol //I?7/cU /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� Si ature of Pon who Perfor d P ting Subscribed and sworn before me this 2 2 day of a t- ,20 9` by V u 1 i r)e, ti P <v..._ OFFICIAL STAMP set'L 6lill1 CAROL ANN KRAGER NOTARY PUBLIC - OREGON Notary Public—State of O gon COMMISSION NO. 924954 CgvMMISSION EXPIRES FEBRUARY 10,2018 I\ADM\CITY RECORDERS\FORMS\AFFIDAVIT OF POSTING-ORDINANCE.DOC