SUB2018-00004 Decision - Brightwood
NOTICE OF DECISION
SUB2018-00004 BRIGHTWOOD SUBDIVISION PAGE 1 OF 33
NOTICE OF TYPE II DECISION
SUBDIVISION SUB2018-00004
BRIGHTWOOD SUBDIVISION
120 DAYS = 09/12/2018
SECTION I. APPLICATION SUMMARY
FILE NAME: BRIGHTWOOD SUBDIVISION
CASE NO.: SUBDIVISION SUB2018-00004
PROPOSAL: The applicant is requesting approval of an 8-lot subdivision, located at 11375 SW North Dakota
Street. Proposed lots will range in size from 6,300 square feet to 9,396 square feet. The applicant
also proposes to extend SW Ellson Lane west to provide a connection to SW 114th Place, which
will be improved to a full street.
APPLICANT: Venture Properties
4230 SW Galewood Street, Suite 100
Lake Oswego, OR 97034
OWNER: Gretchen Fehrenbacher Trust
1605 N. Simpson Street
Portland, OR 97217
APPLICANT’S
REP.:
AKS Engineering & Forestry, LLC
Attn: Mimi Doukas
12965 SW Herman Road, Suite 100
Tualatin, OR 97062
LOCATION: 11375 SW North Dakota Street; WCTM 1S134DB Tax Lot 00600
COMPREHENSIVE
PLAN
DESIGNATION: R-4.5: Low-Density Residential
ZONE: R-4.5: low-density residential zone. The R-4.5 zone is designed to accommodate detached single-
family homes with or without accessory dwelling units at a minimum lot size of 7,500 square feet.
Duplexes are permitted conditionally. Some civic and institutional uses are permitted
conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.110, 18.310, 18.320, 18.520, 18.710, 18.830,
18.910, 18.920 and 18.930.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director’s designee has APPROVED the
above request subject to certain conditions. The findings and conclusions on which the decision is based are provided
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SUB2018-00004 BRIGHTWOOD SUBDIVISION PAGE 2 OF 33
in Sections V and VI.
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: Agnes Lindor (503)718-2429
or AgnesL@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 37 open grown trees; 22 newly planted trees and 15 preserved 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 22 newly planted
open grown trees total.
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 Khoi@tigard-or.gov. The cover letter shall clearly identify where in the
submittal the required information is found:
5. Improvements associated with public infrastructures including street and right-of-way dedication, utilities,
grading, water quality and quantity facility, 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
Clean Water Services (CWS) Design and Construction Standards
Tigard Community Development Code (TDC) and Tigard Municipal Code
Fire Codes
Other applicable County, State, and Federal Codes and Standard Guidelines
6. Improvements associated with public infrastructures including street and right-of-way dedication, utilities,
grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connection for
future utility extensions are subject to the City Engineer’s review, modification, and approval.
NOTICE OF DECISION
SUB2018-00004 BRIGHTWOOD SUBDIVISION PAGE 3 OF 33
7. Prior to commencing site improvements, a Public Facility Improvement (PFI) Permit is required for this project
to cover all infrastructure work including stormwater Water Quality and Quantity Facilities and any other work
in the public right-of-way. Four (4) sets of detailed public improvement plans shall be submitted for review to
the Engineering Department. An Engineering cost estimate of improvements associated with public
infrastructures including but not limited to street, street grading, utilities, stormwater quality and water quantity
facilities, sanitary sewer, streetlights, and franchise utilities shall be required at the time of PFI Permit submittal.
When the water system is under the City of Tigard jurisdiction, an Engineering cost estimate of water
improvement shall be listed as a separate line item from the total cost estimate. NOTE: these plans are in
addition to any drawings required by the Building Division and should only include sheets relevant to public
improvements. PFI Permit plans shall conform to City of Tigard Public Improvement Design Standards,
which are available at City Hall and the City’s web page (www.tigard-or.gov).
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, 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 site improvements, provide 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 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 site improvements, submit plans showing the following items for review and approval:
SW North Dakota Street shall include and shall be shown to have:
30-foot from centerline right-of-way dedication
18-foot minimum from centerline asphalt concrete pavement meeting City of Tigard Neighborhood
Route cross section
Curb and gutter
5-foot planter
5-foot concrete sidewalk from SW 114th Place to SW Gallo Avenue
8-foot PUE
Street trees in the planter strip spaced per TDC requirements
Streetlights as recommended from the approved photometric analysis
Storm drainage improvement meeting Clean Water Services Design and Construction Standards
Underground utilities
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Street striping, signs, names and traffic control devices meeting the Manual of Uniform Traffic Control
Devices (MUTCD) and the City of Tigard Standards
Street profile and center line radius meeting the City of Tigard Standards
Intersection radii meeting the City of Tigard Standards
Intersection curb ramp meeting the Public Right of Way Accessibility Guidelines (PROWAG)
SW 114th Place shall include and shall be shown to have:
23-foot from centerline right-of-way dedication
14-foot from centerline asphalt concrete pavement meeting City of Tigard Local Street cross section
Curb and gutter
5-foot planter on the east side of the street
5-foot sidewalk on the east side of the street
Storm drainage improvement meeting Clean Water Services Design and Construction Standards
Underground utilities
Curb radii meeting the City of Tigard Standards
Eyebrow corner meeting Washington County Standards
Street signs, names and traffic control devices meeting the Manual of Uniform Traffic Control Devices
(MUTCD) and the City of Tigard Standards
Street profile and center line radius meeting the City of Tigard Standards
Extension of SW Ellson Lane shall include and shall be shown to have:
46-foot right-of-way dedication
24-foot from centerline asphalt concrete pavement meeting City of Tigard Local Street cross section
Curb and gutter
5-foot planter on both sides of the street
5-foot sidewalk on both sides of the street
Storm drainage improvement meeting Clean Water Services Design and Construction Standards
Underground utilities
Curb radii meeting the City of Tigard Standards
Eyebrow corner meeting Washington County Standards
Street signs, names and traffic control devices meeting the Manual of Uniform Traffic Control Devices
(MUTCD) and the City of Tigard Standards
Street profile and center line radius meeting the City of Tigard Standards
12. Prior to commencing site improvements, submit site plans and a final storm drainage report as part of the PFI
Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained
for review and approval. The storm drainage report shall be prepared and include a maintenance plan in
accordance with CWS Design and Construction Standards and the City of Tigard Standards.
13. Prior to commencing site improvements, 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.
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14. Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing the proposed
sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of
Tigard and CWS Design and Construction Standards.
15. Prior to commencing site improvements, submit site plans as part of the PFI Permit showing all proposed
and/or extensions of public water lines, hydrants and water services to be designed in accordance with the City
of Tigard Standards for review and approval.
16. Prior to commencing site improvements, provide written approval from Tualatin Valley Fire and Rescue
(TVF&R) for fire flow, hydrant placement, and emergency vehicular access and turn around.
17. Prior to commencing site improvements, an erosion control plan shall be provided as part of the PFI Permit
drawings. The plan shall conform to the "CWS Erosion Prevention and Sediment Control Design and
Planning Manual” (current edition).
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.
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. Prior to commencing site improvements, submit Autocad file of the construction plan to the City for GIS
purposes.
21. Prior to commencing site improvements, submit site plans as part of the PFI Permit showing the existing
overhead utilities along the project frontage on SW North Dakota Street to be placed underground.
22. Prior to commencing site improvement, the developer shall coordinate with the City for the design and
construction of the street and drainage improvements along the SW North Dakota Street frontage of Tax Lot
1S134DB12600. An agreement between the two parties will need to be in place prior commencing of site
improvement.
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@tigard-or.gov. The cover letter shall clearly identify where in the
submittal the required information is found:
23. Prior to final plat approval, all improvements associated with public infrastructures including but not limited to
street improvement under the City of Tigard jurisdiction shall be constructed, completed and/or satisfied. The
applicant shall obtain conditional acceptance from the City, and provide a one-year maintenance assurance for
said improvements.
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24. Prior to final plat approval, all public utility facilities including but not limited to storm drainage, water quality
and quantity, sanitary sewer, water, gas, electrical, communication, and wireless shall be completed. Public
storm water quality and quantity facilities shall be provided with three years of maintenance.
25. 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.
26. 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.
27. Final 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.
28. After the City and County have reviewed the final plat, submit one copy of the final plat for City Engineer and
Community Development Director signatures.
29. Submit a check in the amount of the current final plat review fee (Contact Planner on Duty, at 503718-2421)
30. Prior to final plat approval, submit the Final Sight Distance Certification indicating that sight distances are
adequately provided at the intersection of SW 114th Place and SW North Dakota Street.
31. Prior to final plat approval, provide Autocad files of the as-built drawings.
32. Prior to final plat approval, all existing overhead utilities along the property frontage on SW North Dakota
Street shall be placed underground, completed, and/or satisfied.
33. Prior to final plat approval, the street and drainage improvements along the SW North Dakota Street frontage
of Tax Lot 1S134DB12600 shall be constructed, completed, and/or satisfied. The City will reimburse the
developer for the cost of the improvements.
IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF
THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST:
18.830.070 Improvement Agreement:
Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the
applicant shall:
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 applicant.
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.
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18.830.080 Bond:
As required by Section 18.830.070, the applicant 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 applicant 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 applicant shall not cause termination of nor allow expiration of said guarantee without having first secured
written authorization from the City.
18.830.090 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.
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.
18.910.120 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.
18.910.130 Cash or Bond Required
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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 Council. 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 18.830.080.
18.910.150 Installation Prerequisite
No public 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.
18.910.180 Notice to City
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.
18.910.200 Engineer's Certification Required
The developer’s engineer shall provide written certification of a form provided by the City that all improvements,
workmanship and materials are in accord with current and standard engineering and construction practices, and are of
high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and
maintenance.
THIS APPROVAL 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
Site and Vicinity Information
The 1.99-acre site is made up of one tax lot (WCTM 1S134DB00600), located on the northeast corner of SW North
Dakota Street and SW 114th Place. Proposed lots will range in size from 6,300 square feet to 9,396 square feet. The
applicant also proposes to extend SW Ellison Lane west to provide a connection to SW 114th Place, which will be
improved to a full street. The existing detached, single-family home will be demolished. The site is zoned Low-Density
Residential (R-4.5), as are adjacent properties to the north, south, east, and west.
Property History
No previous land use records were found.
SECTION IV. PUBLIC COMMENTS
The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified
of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made.
Staff mailed a Type II Notice of Application regarding this subdivision to affected parties on May 24, 2018. Staff received
five comment letters, one dated April 15, 2018 (resent May 30, 2018) from Mr. and Mrs. Dennis and Tara Trune, one
dated June 1, 2018 from Mr. Ronald Misk, one dated June 3, 2018 from Mr. and Mrs. Beau and Sheila Riche, and two
from Mr. Rob Vasks on June 7th and June 11th, 2018. The primary concern expressed was relating to stormwater runoff
and erosion, loss of privacy (with removal of trees) and construction noise. The letters were provided to the applicant
for a response. The applicant’s response is provided as Attachment 8.
SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA
The following summarizes the review criteria applicable to this decision, in the order in which they are addressed:
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Applicable Land Use Applications
18.830 Subdivisions
Applicable Review Criteria
18.110 Residential Zones
18.310 Off-Street Parking and Loading
18.320 Landscaping and Screening
18.520 Urban Forestry
18.910 Street and Utility Improvement Standards
18.920 Access, Egress and Circulation
18.930 Vision Clearance Areas
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.830 Subdivisions
18.830.020 General Provisions
C. Future re-division. When subdividing land into large lots, the approval authority shall require the lots
be of such size and shape as to facilitate future re-division in compliance with the requirements of the
applicable base zone and this title. The proposed large lots will not preclude the extension of streets and
utilities for future re-division. The land division shall be denied if the proposed large development lot
does not provide for the future division of the lots and future extension of public facilities.
As proposed, the lots meet the minimum lot size requirement for the R-4.5 zone. The proposed lots are not large enough
to provide for future re-division. This standard does not apply.
D. Lot averaging. Lot size may be averaged to allow lots less than the minimum lot size allowed in the
underlying zoning district as long as the average lot area for all lots is not less than allowed by the
underlying zoning district. No lot created under this provision shall be less than 80% of the minimum
lot size allowed in the underlying zoning district
The minimum lot size for the R-4.5 zone is 7,500 square feet. The applicant proposes to utilize lot averaging for this
subdivision, with an average lot size of 7,887 square feet. Two (2) of the proposed lots (Lots 3 and 4) are below the
minimum lot size requirement of 7,500 square feet, but are not less than 80 percent of the minimum. This standard is
met.
18.830.040 Approval Criteria – Preliminary Plat
A. Approval criteria. The approval authority shall approve or approve with conditions an application for a
preliminary plat when all of the following are met:
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. In addition to the base zone regulations, the proposed lots shall meet the following:
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a. The depth of all lots shall not exceed 2.5 times the average width, unless the parcel is less
than 2.5 times the minimum lot size of the applicable base zone;
b. The side lines of lots shall be at right angles to the street upon which the lots front, unless
impractical; and
c. Each lot shall abut upon a public or private street, other than an alley, for a width of at
least 25 feet. Lots for attached single-family dwelling units, shall abut upon a public or
private street for a width at least 15 feet.
The proposed lots meet the depth and width requirements, not exceeding the depth by 2.5 times the average width. The
side lot lines are at right angles to the street and all lots exceed the 25-foot frontage requirement. This criterion is met.
3. 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, “Brightwood” has been reserved.
Additionally, the applicant submitted a Subdivision Plat Naming form that was approved by the Washington County
Surveyor’s Office on February 12, 2018. This criterion is met.
4. The streets and roads are laid out so as to conform to the plats of subdivisions and 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
The proposed subdivision includes the extension of SW Ellson Lane, which will connect to SW 114th Place. SW 114th
Place is currently a half street, a dedication will be provided and the street will be improved to a full street in compliance
with city standards. Additional right-of-way dedication and improvements will be provided on SW North Dakota. All
proposed streets will conform to the surrounding approved land divisions. This standard is met.
5. 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 18.910, Improvement Standards of this decision. This
criterion is met.
FINDING: Based on the analysis above, all of the applicable subdivision standards have been fully met.
18.110 Residential Zones
18.110.030 Uses
B. Use table. A list of permitted, restricted, conditional, and prohibited uses in residential zones is provided
in Table 18.110.1.
The proposed use is Household Living and is a permitted use in the R-4.5 zone.
C. Housing types. A list of permitted, restricted, conditional, and prohibited housing types in residential
zones is provided in Table 18.110.2.
The proposed housing type is Single-Family Units, Detached and is a permitted housing type in the R-4.5 zone.
18.110.040 Densities
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B. Calculating minimum and maximum densities. The method for calculation of minimum and maximum
densities is provided in Chapter 18.40, Measurements.
The proposed subdivision is for eight lots. The gross site area is 86,083 square feet and after the required right-of-way
dedication (16,791 square feet), the net development area is 69,292 square feet. The site does not have any sensitive lands
or lands dedicated for parks. The maximum density is nine lots (69,292 / 7,500 = 9.2) and the minimum density is seven
lots (9.2 x 0.8 = 7.4). Densities were calculated in compliance with Chapter 18.40. As proposed, the subdivision meets
density requirements. This standard is met.
18.110.050 Development Standards
A. Compliance required. All development must comply with:
1. All of the applicable development standards for the applicable base zone, except where the applicant
has obtained variances or adjustments in compliance with Chapter 18.790, Variances and
Adjustments; and
2. All other applicable standards and requirements contained in this title.
B. Development standards. Development standards of residential zones are in Table 18.110.3.
TABLE 18.110.3
Development Standards
STANDARD R-4.5 Proposed
Minimum Lot Size
- Detached unit
7,500 sq. ft.
6,300 sq. ft. to
9,396 sq. ft.
Minimum Lot Width
- Detached unit
50 ft.
50 ft. to 87 ft.
Minimum Setbacks
- Front yard
- Side facing street on
corner & through lots
- Side yard
- Rear yard
- Side or rear yard abutting more
restrictive zoning district
- Distance between property line
and front of garage
20 ft.
15 ft.
5 ft.
15 ft.
20 ft.
20 ft.
15 ft.
5 ft.
15 ft.
20 ft.
Maximum Height 30 ft. 30 ft.
Maximum Lot Coverage None N/A
Minimum Landscape Requirement None N/A
The minimum lot size for the R-4.5 zone is 7,500 square feet. The applicant proposes to utilize lot averaging for this
subdivision, with an average lot size of 7,887 square feet. Two (2) of the proposed lots (Lots 3 and 4 )are below the
minimum lot size requirement of 7,500 square feet, but are not less than 80 percent of the minimum.. The minimum lot
width required for a detached unit in the R-4.5 zone is 50 feet. All proposed parcels exceed this requirement because the
narrowest lot has an average lot width of approximately 50 feet, and the widest lot has an average lot width of
approximately 87 feet. Compliance with the development standards for the R-4.5 zone will be confirmed during the
building permit submittal process for all future development. These standards are met.
FINDING: Based on the analysis above, all of the applicable residential zone standards have been fully met.
18.310 Off-Street Parking and Loading Requirements
18.310.030 General Provisions
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A. Vehicle parking plan requirements. A development permit shall not be issued or land use approval
granted until plans are approved as provided by this title that demonstrate how off-street parking and
loading requirements are met.
The applicant is not proposing any development on the subject lots at this time. Accordingly, compliance with this
standard will be confirmed during the building permit submittal process for all future development. This standard is met.
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 as the dwelling(s) it serves.
The applicant is not proposing any development on the subject lots at this time. Accordingly, compliance with this
standard will be confirmed during the building permit submittal process for all future development. This standard is met.
18.310.070 Off-Street Parking Requirements
A. Off-street parking requirements. The ratios for providing minimum and maximum vehicle parking
spaces are provided in Table 18.310.2.
The TDC Table 18.310.2, requires a minimum of one (1) parking space per dwelling unit. The applicant is not proposing
any development on the subject lots at this time. Sheet P09, shows that the lots will provide a two car garage and a
driveway for two vehicles, a total of four spaces on each lot. Accordingly, compliance with this standard will be confirmed
during the building permit submittal process for all future development. This standard is met.
FINDING: Based on the analysis above, all of the applicable off-street parking and loading standards have been
fully met.
18.320 Landscaping and Screening
18.320.030 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 in compliance with 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 compliance with this chapter.
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 18.520, Urban Forestry and the Urban Forestry
Manual shall apply to the land use applications in Section 18.520.020.
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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 of this title and titles of
the Tigard Municipal 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 18.520, Urban Forestry Plan of this decision.
18.320.040 Street Trees
A. Street trees shall be required as part of the approval process for the following land use applications:
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).
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 in compliance with the street tree planting standards
in the Urban Forestry Manual.
D. Street trees required by this section shall be provided adequate soil volumes in compliance with the
street tree soil volume standards in the Urban Forestry Manual.
E. Street trees required by this section shall be planted within the right-of-way whenever practicable
according to the street tree planting standards in the Urban Forestry Manual. Street trees may be planted
no more than 6 feet from the right-of-way in compliance with 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 in compliance 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, tree canopy cover site
plan, and supplemental report, as required by Section 18.520.030, 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 approval
authority 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 3
years for each tree below the minimum required.
The linear amount of street frontage adjacent to this site is 809 feet; therefore, the site is required to have a minimum of
20 street trees (809 feet divided by 40 feet, rounded to the nearest whole number). The applicant provided a tree canopy
site plan that shows 20 new street trees will be planted at this site. Furthermore, the project arborist 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.
FINDING: Based on the analysis above, all of the applicable landscaping and screening standards have been fully
met.
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18.520 Urban Forestry
18.520.020 Applicability
A. The requirements of this chapter apply to the following land use applications:
7. Subdivision (Type II).
This application is for a Type II Subdivision. Accordingly, the requirements of Chapter 18.520, Urban Forestry, apply.
18.520.030 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 David Steinke; AKS Engineering and Forestry, 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;
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. 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, David Steinke; AKS Engineering and Forestry.
This report includes the required inventory data for existing open grown trees, as outlined in Section 10, Part 3, Subsection
D of the Urban Forestry Manual. The site is zoned R-4.5; accordingly, the minimum required effective tree canopy for
the entire site is 40 percent, and 15 percent per lot (Section 10, Part 3, Subsections N and O of the Urban Forestry
Manual). Through the supplemental report, the project arborist demonstrates how the effective tree canopy for the entire
site is 50.2 percent, and over 15 percent for each lot. This standard is met.
18.520.060 Urban Forestry Plan Implementation
C. Tree establishment. The establishment of all trees shown to be planted in the tree canopy site plan and
supplemental report of a previously approved urban forestry plan shall be guaranteed and required
according to the tree establishment requirements in the Urban Forestry Manual.
The applicant’s Urban Forestry Plan does not address tree establishment. Therefore, a condition of approval is necessary
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
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stand grown trees in the tree canopy site plan and supplemental report 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.
FINDING: Based on the analysis above, all of the applicable urban forestry standards have not been fully met but
can be through a condition of approval.
18.910 Street and Utility Improvement Standards
18.910.030 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 chapter 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 development is an 8-lot subdivision adjacent to SW North Dakota Street, SW 114th Place and SW Ellson Lane. SW
North Dakota Street and SW Ellson Lane are existing public streets. SW 114th Place is currently owned by Washington
County but will be dedicated to the City of Tigard and become right-of-way as part of this subdivision.
The site plans show that the right-of-way of both SW 114th Place and SW Ellson Lane are 46 feet meeting the City of
Tigard Local Skinny Street standard cross section. A 30-foot, from centerline right-of-way, dedication along the
development frontage on SW North Dakota Street is provided for a total right-of-way width of 50 feet meeting the City
of Tigard Neighborhood Route standard cross section.
The site plans also show that all the streets adjacent to the development will be improved. The improvement will include
full street construction on SW Ellson Lane, half-street construction on SW 114th Place and SW North Dakota Street. All
the streets are shown to have two-way travel lanes, curb and gutter, five-foot sidewalk and five-foot planter. A bike lane
will be provided on SW North Dakota Street and on-street parking, on one side, will be provided on SW 114th Place. This
standard is met.
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;
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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. This standard is met.
B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be created through the
approval of a final plat; however, the council may approve the creation of a street by acceptance of a
deed, provided that such street is deemed essential by the council for the purpose of general traffic
circulation.
1. The council may approve the creation of a street by deed of dedication without full compliance with
the regulations applicable to subdivisions or 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 1 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 partitions.
c. The street is located within the mixed use central business district (MU-CBD) zone 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 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 existing rights-of-way on SW North Dakota Street and SW 114th Place are less than the current required rights-of-
ways. The applicant proposes to dedicate 30 feet of right-of-way from centerline on SW North Dakota Street and 23
feet on SW 114th Place to provide full streets for two-way travel lanes and pedestrian connections. A bike lane will be
provided on SW North Dakota Street and on-street parking on one side will be provided on SW 114th Place.
Additionally, a full right-of-way dedication of 46 feet on SW Ellson Lane will be provided. Dedication of right-of-way
will be recorded via subdivision plat approval. With a condition of approval, this standard is met.
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
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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 compliance with Subsection 18.910.030.N;
and
The proposed development is adjacent to SW North Dakota Street, SW 114th Place, and SW Ellson Lane. They are all
existing streets and the grades of the streets will remain unchanged. This standard is met.
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 the location of all existing and proposed streets. This standard is met.
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 Tigard Downtown Plan 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 provided in Table 18.910.1.
The narrative and site plans indicate that the proposed development is going to construct street improvements along all
the adjacent streets. The streets will be improved to accommodate two-way travel lanes and pedestrian connections.
Street trees and streetlights will also be provided. A bike lane and on-street parking on one side will be provided on SW
North Dakota Street and SW 114th Place.
Additionally, the applicant will also provide a storm drainage system associated with all street improvements. With a
condition of approval, this standard is met.
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 plan is proposed or deemed necessary. This standard does not apply.
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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 development is not adjacent to within 530 feet of a bus route. This standard does not apply.
2. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall
be extended to the boundary lines of the tract to be developed, and
a. These extended streets or street stubs to adjoining properties are not considered to be cul-de-
sac since they are intended to continue as through streets at such time as the adjoining property
is developed.
b. A barricade shall be constructed at the end of the street by the property owners which shall not
be removed until authorized by the city engineer, the cost of which shall be included in the street
construction cost.
c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub
street in excess of 150 feet in length.
No street extension, cul-de-sac, or turnout is proposed and deemed necessary. This standard does not apply.
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 percent 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 new SW Ellson Lane extension will be approximately 388 feet from SW North Dakota Street and will extend
through the site as shown on the Preliminary Street Plan, Sheet P07. This will provide increased connectivity within
the immediate neighborhood. Neither of the streets are identified as bus routes. No future street extension or
temporary hammerhead turnouts is proposed and deemed necessary. This standard is met.
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:
SW 114th Place currently intersects SW North Dakota Street at a right angle. This standard is met.
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1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless
topography requires a lesser distance;
At least 25 feet of tangent adjacent to the right-of-way intersection between SW 114th Place and SW North Dakota Street
will be provided. With a condition of approval, this standard is met.
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 intersection between SW 114th Place and SW North Dakota Street is currently at a
right angle. This standard is met.
3. Right-of-way lines at intersection with arterial streets shall have a corner radius of not less than 20
feet.
The development is not adjacent to an arterial street. This standard does not apply.
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.
The applicant proposes to dedicate 30 feet, 23 feet, and 46 feet of right-of-way on SW North Dakota Street, SW 114th
Place, and SW Ellson Lane respectively. This standard is met.
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.
No partial improvement is proposed. This standard does not apply.
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.
No new street names are proposed. This standards does not apply.
N. Grades and Curves.
1. Grades shall not exceed 10 percent on arterials, 12 percent on collector streets, or 12 percent on any
other street (except that local or residential access streets may have segments with grades up to 15
percent for distances of no greater than 250 feet); and
2. Centerline radii of curves shall be as determined by the city engineer.
The proposed development is adjacent to SW North Dakota Street, SW 114th Place, and SW Ellson Lane. They are all
existing streets and the grades of the streets will remain unchanged. This standard is met.
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O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle
ramps and driveway approaches shall be constructed in compliance with standards specified in this
chapter and Section 15.04, Work in the Right-of-Way, 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. This standard is met.
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.
All boundary, internal monuments, and street monuments shall be established, reestablished and protected in accordance
with the City’s and County’s requirements and standards. With a condition of approval, this standard is met.
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. With a condition of approval, this standard is met.
W. Mailboxes. Joint mailbox facilities shall be provided in all residential developments, with each joint
mailbox serving at least 2 dwelling units.
1. Joint mailbox structures shall be placed adjacent to roadway curbs;
2. Proposed locations of joint mailboxes shall be designated on 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.
Mailboxes are not shown on the site plans. Prior to commencing site improvements, mailbox locations shall be submitted
for review and approval. With a condition of approval, this standard is met.
Y. Street light standards. Street lights shall be installed in compliance with regulations adopted by the city’s
direction.
Prior to commencing of site improvements, the applicant shall provide a photometric analysis of the proposed
development frontages for the review and approval. Photometric analysis will follow the recommended values and
requirements per ANSI/IESNA. New streetlights are required based on the photometric analysis. If required, the
applicant shall submit a plan showing the location of streetlights for review and approval. Type and color of pole and
light fixture shall also be included on the plan. With a condition of approval, this standard is met.
Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other
signs may be required.
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Prior to commencing of site improvements, the applicant 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. With conditions of approval, this standard is met.
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 1 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 percent of the structures in the new development are
completed or 3 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 percent of the structures in the new development are completed
unless 3 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 1.5 inches in thickness.
The Applicant’s site plans called out the structural cross sections of the streets and they meet the City of Tigard standard
cross sections. This standard is met.
18.910.040 Blocks
A. Block design. The length, width and shape of blocks shall be designed with due regard to providing
adequate building sites for the use contemplated, consideration of needs for convenient access,
circulation, control and safety of street traffic and recognition of limitations and opportunities of
topography.
B. Sizes.
1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the
centerline of the streets except:
a. Where street location is precluded by natural topography, wetlands, significant habitat areas
or bodies of water, or pre-existing development; or
b. For blocks adjacent to arterial streets, limited access highways, collectors or railroads.
c. For nonresidential blocks in which internal public circulation provides equivalent access
2. Bicycle and pedestrian connections on public easements or right-of-ways shall be provided when
full street connection is exempted by Paragraph 18.910.040.B.1. Spacing between connections shall
be no more than 330 feet, except where precluded by environmental or topographical constraints,
existing development patterns, or strict adherence to other standards in the code.
The applicant proposes to extend SW Ellson Lane to connect to SW 114th Place, which will complete the block. The
block does not exceed 2,000 feet. This standard is met.
18.910.050 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 drainageway, there shall be provided a stormwater easement or drainage right-of-way
conforming substantially with the lines of the watercourse.
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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 development is not traversed by a watercourse or drainage way. The site plans show that an eight-foot
Public Utility Easement (PUE) along all right-of-way for the placement of franchise utilities. This standard is met.
18.910.070 Sidewalks
A. Sidewalks. All public and private streets adjacent to industrially zoned properties shall have sidewalks
meeting city standards along at least 1 side of the street. All other public and private 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.
No industrial street is proposed or deemed necessary. A five-foot concrete sidewalk is proposed along all the streets
adjacent to the development. This standard is met.
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 0.50 miles 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).
The proposed development does not generate an additional 1,000 vehicle trips or more per day.
There is a sidewalk gap within 300 feet of the development on SW North Dakota Street. The site plans show that the
sidewalk is extending from the edge of the development connecting to an existing sidewalk located approximately 70 feet
east of the development on SW North Dakota Street (toward SW Gallo Avenue).
However, the pavement, curb, and drainage along the SW North Dakota Street frontage of Tax Lot 1S134DB12600 will
also need to be improved. The City would like to coordinate with the developer to complete the street and drainage
improvements along this section as part of the development construction. An agreement between the City and developer
will be required prior to the construction. The City will pay the developer for the cost of the improvements.
Prior to commencing site improvement, the developer shall coordinate with the City for the design and construction of
the street and drainage improvements along the SW North Dakota Street frontage of Tax Lot 1S134DB12600. An
agreement between the two parties will need to be in place prior commencing of site improvements.
Prior to final plat approval, the street and drainage improvements along the SW North Dakota Street frontage of Tax Lot
1S134DB12600 shall be constructed, completed, and/or satisfied. The City will reimburse the developer for the cost of
the improvements.
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C. Planter strip requirements. A planter strip separation of at least 5 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 18.910.1
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 1 street frontage.
The site plans indicate that a five-foot planter will be provided along all streets adjacent to the development meeting the
standards. This standard is met.
D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the
adjacent property owner.
The narrative indicates that it is the adjacent property owner’s obligation to continue maintaining the adjacent sidewalks,
curbs and planter strips. This standard is met.
E. Application for permit and inspection. Separate street opening permits are required for sidewalk
segments that are not part of a current subdivision approval:
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 1 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.
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. With conditions of approval, these standards are met.
18.910.090 Sanitary Sewers
A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect
developments to existing mains in compliance with Clean Water Services requirements and 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.
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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 approval authority 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 development will be serviced and
connected to public sanitary sewer systems via service laterals. All the services will be served off the existing sanitary
sewer systems on SW 114th Place and SW Ellson Lane.
Prior to commencing of site improvements, the applicant shall submit site plans as part of the PFI Permit showing the
proposed sanitary sewer system and associated facilities to 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.
No over-sizing of sanitary sewer is proposed or deemed necessary. With conditions of approval, these standards are met.
18.910.100 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 site plans show that new public storm drainage systems are proposed on SW 114th Place and SW Ellson Lane. Public
sanitary sewer systems on SW 114th Place and SW Ellson Lane are existing and independent from the newly proposed
storm drainage systems. This standard is met.
2. Where possible, inlets shall be provided so surface water is not carried across any intersection or
allowed to flood any street; and
The site plans indicate that a public drainage system including manholes, inlets, and a 12-inch main are proposed in SW
114th Place and SW Ellson Lane. A water quality/detention facility is also proposed and located on its own tract on the
east end of the development with access taking from SW Ellson Lane. Street run-off is going to be collected and detained
in the water quality/detention facility prior to releasing to the existing system located in SW Ellson Lane. Surface water
is not to be carried across the intersection and allowed to flood the streets and adjacent properties.
Prior to commencing of site improvements, the applicant shall submit site plans as part of the PFI Permit showing how
run-off generated by the development will be collected, conveyed, treated, and detained to the Engineering Division for
review and approval. The design of storm drainage improvement shall be in accordance with CWS Design and
Construction Standards. With a condition of approval, this standard is met.
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 include the proposed storm system and location of the catch basins and the water quality/detention indicating how
surface water drainage patterns will be after development. This standard is met.
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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 site plans show that a tract (Tract A) is
proposed for storm water quality and detention and will be dedicated to the City of Tigard. This standard is met.
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 Clean Water
Services requirements.
There is no upstream basin that flows across the subject site. This standard does not apply.
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 compliance with Clean Water Services requirements.
A preliminary storm drainage report was submitted as part of the land use submittal.
Prior to commencing site improvements, submit a final storm drainage report as part of the PFI Permit indicating how
run-off generated by the development will be collected, conveyed, treated and detained to Engineering Division for review
and approval. The storm drainage report shall be prepared and include a maintenance plan in accordance with CWS
Design and Construction Standards and the City of Tigard Design Guidelines.
Prior to commencing of site improvements, submit site plans as part of the PFI permit indicating how run-off generated
by the development will be collected, conveyed, treated and detained to Engineering Division for review and approval.
Prior to Final Plat Approval, all public stormwater drainage system, including water quality and detention facilities shall
be constructed, completed, and/or satisfied. With conditions of approval, this standard is met.
18.910.110 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 18.910.1.
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 chapter and on
the adopted bicycle plan.
The proposed development is adjacent to SW North Dakota Street. SW North Dakota Street between SW 115th Avenue
and SW Greenburg Road is currently striped with bicycle lane. The site plans show that a 18-foot from centerline roadway
NOTICE OF DECISION
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is provided along the development frontage on SW North Dakota Street meeting the cross street section with bike lane
of the Neighborhood Route. This standard is met.
18.910.120 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.
The narrative indicates that new utilities such as storm drainage, sanitary sewer, and water will be placed underground.
This standard is met.
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.
An eight-foot PUE is proposed adjacent to all rights of way for the placement of underground franchised utilities.
Vison clearance areas at the corners between SW Ellson Lane and SW 114th Place and SW 114th Place and SW North
Dakota Street were shown on the site plans. This standard is met.
C. Exception to undergrounding requirement.
1. The developer shall pay a fee in-lieu of undergrounding costs when the development is proposed to
take place on a street where existing utilities which are not underground will serve the development
and the approval authority determines that the cost and technical difficulty of under-grounding the
utilities outweighs the benefit of undergrounding in conjunction with the development. The
determination shall be on a case-by-case basis. The most common, but not the only, such situation
is a short frontage development for which undergrounding would result in the placement of
additional poles, rather than the removal of above-ground utilities facilities.
2. An applicant for a development which is served by utilities which are not underground and which
are located across a public right-of-way from the applicant’s property shall pay the fee in-lieu of
undergrounding.
3. Properties within the MU-CBD zone shall be exempt from the requirements for undergrounding of
utility lines and from the fee in-lieu of undergrounding.
4. The exceptions in Paragraphs 18.910.120.C.1–3 shall apply only to existing utility lines. All new utility
lines shall be placed underground.
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SUB2018-00004 BRIGHTWOOD SUBDIVISION PAGE 27 OF 33
There are existing overhead utilities along the development frontage on SW North Dakota Street and they must be placed
underground.
Prior to commencing site improvements, submit site plans as part of the PFI Permit showing the existing overhead
utilities along the project frontage on SW North Dakota Street to be placed underground.
Prior to final plat approval, all existing overhead utilities shall be placed underground, completed, and/or satisfied With
conditions of approval, these standards are met.
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 chapter.
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 narrative indicated no fee in lieu of undergrounding is proposed.
18.920 Access, Egress and Circulation
18.920.020 Applicability
A. Applicability. 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 that increases the on-site
parking or loading requirements or changes the access requirements.
This application is for an 8-lot subdivision, which is considered development. Accordingly, the provisions of Chapter
18.920 Access, Egress and Circulation apply.
18.920.030 General Provisions
B. Access plan requirements. No land use approval or development permit shall be approved or issued
until plans are approved, as provided by this chapter that demonstrate how access, egress, and
circulation requirements are to be met.
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 standard is met.
D. Public street access. All vehicular access and egress as required in Subsections 18.920.030.H, I and J
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.
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SUB2018-00004 BRIGHTWOOD SUBDIVISION PAGE 28 OF 33
As demonstrated on the applicant’s plans, all proposed lots will connect directly with a public street (SW Ellson Lane and
SW 114th Place). This standard is met.
H. Access Management.
1. An access report shall be submitted with all new development that 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 adjacent to SW North Dakota Street, SW 114th Place, and SW Ellson
Lane.
A Traffic Impact Study is not required however, a preliminary sight distance certification prepared by AKS Engineering
dated April 23, 2018 was submitted as part of the land use application. The certification indicated that there are more
than 260 feet and 300 feet of sight distances available to both west and east directions respectively at the intersection of
SW 114th Place and SW North Dakota Street. The required sight distances were calculated at 240 feet to the west and
280 to the east.
The certification indicated that existing vegetation and trees within the existing and proposed right-of-way will be trimmed
and/or removed as part of the development construction.
Prior to final plat approval, the applicant shall submit the Final Sight Distance Certification indicating that sight distances
are still adequately provided at the intersection of SW 114th Place and SW North Dakota Street. With a condition of
approval, this standard is met.
2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street
intersections. Influence area of intersections is that area where queues of traffic commonly form on
approach to an intersection. The minimum driveway setback from a collector or arterial street
intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the
throat of the proposed driveway. The setback may be greater depending upon the influence area, as
determined from city engineer review of a traffic impact report submitted by the applicant’s traffic
engineer. In a case where a development has less than 150 feet of street frontage, the applicant shall
explore any option for shared access with the adjacent parcel. If shared access is not possible or
practical, the driveway shall be placed as far from the intersection as possible.
3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum
spacing of driveways and streets along an arterial shall be 600 feet.
4. The minimum spacing of local streets along a local street shall be 125 feet.
The streets adjacent to the development are classified as Neighborhood Routes or Local Streets. The existing SW 114th
Place is located more than 125 feet to the nearest streets in either directions. This standard is met.
I. Minimum access requirements for residential uses.
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 18.920.1
and 18.920.2.
Table 18.920.1
Vehicular Access/Egress Requirements:
Residential Use (Six or fewer units)
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Number Dwelling
Unit/Lots
Minimum Number of
Driveways Required Minimum Access Width Minimum Pavement
Width
1 or 2 1 15′ 10′
3-6 1 20′ 20′
All proposed lots meet the standard outlined above because each lot has more than 15 feet of frontage onto a public
street, as demonstrated on the applicant’s plans. This standard is met.
FINDING: Based on the analysis above, all of the applicable access, egress and circulation standards have not been
fully met but can be through conditions of approval.
18.930 Vision Clearance Areas
18.930.020 Applicability
A. Applicability. 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 changes the access requirements.
This application is for an 8-lot subdivision, which is considered development. Accordingly, the provisions of Chapter
18.930, Vision Clearance Areas apply.
18.930.030 Vision Clearance Requirements
A. At corners. Except within the MU-CBD zone, a vision 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 3 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 8 feet are removed.
The applicant’s narrative did not address vision clearance area, however, the clear vision triangles were shown on the site
plan. The applicant is not proposing any development on the subject lots at this time. Accordingly, compliance with vision
clearance requirements will be confirmed during the building permit submittal process for all future development. These
standards are met.
FINDING: Based on the analysis above, all of the applicable vision clearance areas standards have been fully met or
can be met through conditions of approval.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Tracts and Tract Recordation:
Tract A is a stormwater tract for the purposes of water quality and detention. Tract A shall be recorded on separate
documents per the Washington County Surveyor Office.
Fire and Life Safety:
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Emergency vehicle turn around, location of fire hydrants, and fire flow must be reviewed and approved by TVF&R prior
to commencement site improvements.
Public Water System:
The existing public water mains surrounding the proposed development are under the City of Tigard jurisdiction.
The site plans indicate that services will be provided to serve all the proposed lots either from the existing eight inch
Ductile Iron (DI) water main in SW 114th Place or the new eight inch DI main on SW Ellson Lane. The water system is
shown being a looped system.
Prior to commencing site improvements, submit site plans as part of the PFI Permit showing all proposed and/or
extensions of public water lines, hydrants and water services to be designed in accordance with the City of Tigard
Standards to Engineering for review and approval.
NOTE: An estimated 12 percent of the water system cost will be assessed prior to approval of the City of Tigard’s PFI
permit.
Storm Water Quality:
The City has agreed to enforce Surface Water Management regulations established by 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, 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.
Tract A shall be dedicated to the City at final plat.
Grading and Erosion Control:
Clean Water Services 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. In accordance with 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.
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The design engineer shall also indicate, on the grading plan, which lots will have natural sl opes 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 the approval of new street names and assigning addresses for parcels within the City
of Tigard. Submit an Autocad file of the preliminary plat for the review of street name and assigning addresses. Contact
Oscar Contreras with Engineering Division at 503-718-2678 for the submission of the Autocad file and ensuring that
new street names are approved and addresses are assigned. Prior to permit submission pay the addressing fee. The
address fee shall be assessed in accordance with the current Master Fee Schedule.
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 mea surements 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 Autocad 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 of Tigard Police Department was sent a copy of the applicant’s proposal, and had no objections.
The City of Tigard Public Works Department was sent a copy of the applicant’s proposal and provided comments
regarding location of water connections.
SECTION VIII. AGENCY COMMENTS
Clean Water Services issued a Service Provider Letter and Sensitive Area Pre-Screening Site Assessment (CWS file 18-
000561) to determine that sensitive area(s) do not appear to existing on the site or within 200 feet of the site. The agency
also submitted written comments, dated May 30, 2018, requesting a condition of approval that requires the applicant to
obtain Storm Water Connection Permit Authorization prior to final plat approval and recordation. This request has been
incorporated into the Conditions of Approval. The City of Tigard and CWS have an intergovernmental agreement stating
that the city will ensure implementation of CWS Design and Construction Standards; therefore, this subdivision approval
is conditioned to satisfy CWS requirements.
Comcast was sent a copy of the applicant’s proposal and responded on May 31, 2018 stating that if relocation of their
services is required due to development the cost will be passed onto the developer.
The Oregon Department of Transportation was sent a copy of the applicant’s proposal, and had no comments.
Tualatin Valley Fire and Rescue was sent a copy of the applicant’s proposal, and responded on June 7, 2018. Tualatin
Valley Fire and Rescue endorsed the proposal, predicated on criteria and conditions of approval regarding Fire Apparatus
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Access, Firefighting Water Supplies, Fire Hydrants, and Building Access and Fire Service Features. A condition of
approval has been added that requires the applicant to comply with all TVF&R standards.
US Army Corps of Engineers was sent a copy of the applicant’s proposal, and responded on May 25, 2018, stating that
a Corps permit may be required if discharge of fill material is planned in waters of the U.S.
Attachments:
Attachment 1: Approved Site Plan
Attachment 2: Zoning Map
Attachment 3: City of Tigard Engineering Department, Memorandum dated May 31, 2018
Attachment 4: Clean Water Services, Comment Letter dated May 30, 2018
Attachment 5: Comcast, Email dated May 31, 2018
Attachment 6 Tualatin Valley Fire and Rescue, Comment Letter dated June 7, 2018
Attachment 7: Public Comments
Attachment 8: Response from applicant, dated June 14, 2018
SECTION IX. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to:
X The applicant and owners
X Owners of record within the required distance
X Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON JULY 2, 2018 AND
EFFECTIVE ON JULY 18, 2018 UNLESS AN APPEAL IS FILED.
Appeal:
The Director’s Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely
affected or aggrieved by the decision as provided in Section 18.710.090.A.1 may appeal this decision in accordance with
Section 18.710.090.A.2 and .3 of the Tigard Development Code. A written appeal together with the required fee shall be
filed with the Director within fifteen (15) days of the date the Notice of Decision was mailed. The appeal fee schedule
and forms are available from the City of Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.
Appeal hearings shall be de novo. A de novo hearing allows for the presentation of new evidence, testimony and
argument by any party. The appeal authority shall consider all relevant evidence, testimony and argument that are
provided at the hearing by the appellant or any party. The scope of the hearing shall not be limited to the issued that
were raised on appeal. The decision of the appeal authority is the final local decision.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 P.M. ON JULY 17, 2018.