07/16/2018 - PacketPLANNING COMMISSION AGENDA – July 16, 2018
City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 1 of 2
City of Tigard
Planning Commission Agenda (Rev. 1)
MEETING DATE: July 16, 2018 - 7:00 p.m.
MEETING LOCATION: City of Tigard – Town Hall
13125 SW Hall Blvd., Tigard, OR 97223
1. CALL TO ORDER 7:00 p.m.
2. ROLL CALL 7:00 p.m.
3. COMMUNICATIONS 7:02 p.m.
4. CONSIDER MINUTES 7:04 p.m.
5. PUBLIC HEARING 7:05 p.m.
LEWIS ANNEXATION - ZCA2018-00002
DESCRIPTION OF PROPOSAL: This proposal is to annex one (1) parcel of land, located at 13990
SW Fern Street, into the City of Tigard. The property owners request to annex in order to connect to city
sewer. The 0.47-acre site is an “island” of unincorporated land that is completely surrounded by land in the
City of Tigard jurisdiction. LOCATION: 13990 SW Fern Street
6. PUBLIC HEARING 7:15 p.m.
CHASE ANNEXATION - ZCA2018-00003
DESCRIPTION OF PROPOSAL: The City of Tigard proposes a delayed annexation for one (1)
parcel of land, located at 13992 SW Fern Street. The 2.38-acre site is an “island” of unincorporated land
that is completely surrounded by land in the City of Tigard jurisdiction. City Council initiated a policy to
annex all of the remaining island properties in 2017. In June and July 2017, City Council held public
hearings and approved annexations for ten islands of unincorporated land (Ordinance Nos. 2017-07 to
2017-15, and 2017-17). This property was left out in 2017 and is now being annexed to complete the
Council policy. LOCATION: 13992 SW Fern Street
7. PUBLIC HEARING 7:25 p.m.
TRILLIUM HILL SUBDIVISION ZONE CHANGE
ZON2018-00002; SUB2018-00003
DESCRIPTION OF PROPOSAL: The applicant is requesting approval for a zone change from R-3.5
to R-4.5 and a 14-lot subdivision, located at 15050 and 15100 SW 109th Avenue. Proposed lots will range in
size from 7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion
Drive west to provide a connection to SW 109th Avenue and create a new private street (Tierra Terrace),
which connects to SW Lady Marion Drive. LOCATION: 15050 and 15100 SW 109th Avenue
PLANNING COMMISSION AGENDA – July 16, 2018
City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 2 of 2
8. BRIEFING 8:25 p.m.
PHASE II CODE AMENDMENT PROJECT – Housing Policy & Omnibus Changes
9. BRIEFING 8:50 p.m.
PHASE III CODE AMENDMENT PROJECT – Apartment and Commercial Standards | Land
Use Updates
10. OTHER BUSINESS 9:15 p.m.
11. ADJOURNMENT 9:20 p.m.
July 16, 2018 Page 1 of 9
CITY OF TIGARD
PLANNING COMMISSION
Minutes, July 16, 2018
Location: Tigard Civic Center
Town Hall, 13125 SW Hall Blvd.
CALL TO ORDER
President Fitzgerald called the meeting to order at 7:00 p.m.
ROLL CALL
Present: President Fitzgerald
Vice President Feeney
Commissioner Brook
Commissioner Hu
Commissioner Jackson
Commissioner Lieuallen
Commissioner Middaugh
Commissioner Roberts
Commissioner Schmidt
Alt. Commissioner Whitehurst
Absent: None.
Staff Present: Tom McGuire, Assistant Community Development Director;
Doreen Laughlin, Executive Assistant; Agnes Lindor, Associate Planner;
Lina Smith, Assistant Planner, Schuyler Warren, Associate Planner, Susan
Shanks, Senior Planner; Principal Engineer Khoi Le
COMMUNICATIONS – President Fitzgerald had attended the housing options open house.
She was pleased with the input.
CONSIDER MINUTES
May 21, 2018 Meeting Minutes: President Fitzgerald asked if there were any additions, deletions,
or corrections to the May 21 minutes; there being none, President Fitzgerald declared the
minutes approved as submitted.
PUBLIC HEARING OPENED
LEWIS ANNEXATION - ZCA2018-00002
DESCRIPTION OF PROPOSAL: This proposal is to annex one (1) parcel of land, located at
13990 SW Fern Street, into the City of Tigard. The property owners request to annex in order to
connect to city sewer. The 0.47-acre site is an “island” of unincorporated land that is completely
surrounded by land in the City of Tigard jurisdiction. LOCATION: 13990 SW Fern Street
July 16, 2018 Page 2 of 9
QUASI-JUDICIAL HEARING STATEMENTS
President Fitzgerald read the required statements and procedural items from the quasi-judicial
hearing guide. There were no abstentions; there were no challenges of the commissioners for
bias or conflict of interest. None. Ex-parte contacts: None. Site visitations: Vice President
Feeney. No one in the audience wished to challenge the jurisdiction of the commission.
STAFF REPORT
Assistant Planner Lina Smith introduced herself and went over the staff report and a brief
PowerPoint (Exhibit A). Staff reports are available on-line one week before each hearing.
STAFF RECOMMENDATION
Staff recommends the Planning Commission find that the proposed annexation (ZCA2018-
00002) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter
3.09, Community Development Code Chapters 18.710 and 18.720, and the following
Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal
12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the Planning Commission
recommend APPROVAL of ZCA2018-00002 to City Council.
APPLICANT PRESENTATION – Unable to attend.
TESTIMONY IN FAVOR – None.
TESTIMONY IN OPPOSITION – None.
COMMENTS FROM APPLICANT – N/A
PUBLIC HEARING CLOSED
DELIBERATION
After a very brief deliberation, Commissioner Roberts made the following motion:
MOTION
“I move the Planning Commission forward a recommendation of approval to the City
Council of application ZCA2018-00002 and adoption of the findings and conditions of
approval contained in the Staff Report.”
Commissioner Schmidt seconded the motion.
VOTE - All in favor – none opposed
July 16, 2018 Page 3 of 9
RESULT - Motion for approval passes unanimously (9-0)
PUBLIC HEARING OPENED
CHASE ANNEXATION - ZCA2018-00003
DESCRIPTION OF PROPOSAL: The City of Tigard proposes a delayed annexation for one
(1) parcel of land, located at 13992 SW Fern Street. The 2.38 -acre site is an “island” of
unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction.
City Council initiated a policy to annex all of the remaining island properties in 2017. In June
and July 2017, City Council held public hearings and approved annexations for ten islands of
unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left
out in 2017 and is now being annexed to complete the Council policy. LOCATION: 13992 SW
Fern Street
QUASI-JUDICIAL HEARING STATEMENTS
President Fitzgerald read the required statements and procedural items from the quasi-judicial
hearing guide. There were no abstentions; there were no challenges of the commissioners for
bias. Conflict of interest: none. Ex-parte contacts: none. Site visitations: Commissioner Feeney.
No one in the audience wished to challenge the jurisdiction of the commission.
STAFF REPORT
Assistant Planner Lina Smith introduced herself and went over the staff report and a brief
PowerPoint (Exhibit B). Staff reports are available on-line one week before each hearing.
STAFF RECOMMENDATION
Staff recommends the Planning Commission find that the proposed annexation (ZCA2018-
00003) meets all the approval criteria as identified in ORS Chapter 222, Metro Code Chapter
3.09, Community Development Code Chapters 18.710 and 18.7 20, and the following
Comprehensive Plan Goals and Policies: Goal 1.1; Goal 11.1, Policy 4; Goal 11.3, Policy 6; Goal
12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the Planning Commission
recommend APPROVAL of ZCA2018-00003 to City Council.
APPLICANT PRESENTATION – the City is the applicant.
TESTIMONY IN FAVOR – None.
TESTIMONY IN OPPOSITION – None.
COMMENTS FROM APPLICANT – N/A
PUBLIC HEARING CLOSED
DELIBERATION
July 16, 2018 Page 4 of 9
After a very brief deliberation, Commissioner Roberts made the following motion:
MOTION
“I move the Planning Commission forward a recommendation of approval to the City
Council of application ZCA2018-00003 and adoption of the findings and conditions of
approval contained in the Staff Report.”
Commissioner Schmidt seconded the motion.
VOTE - All in favor – none opposed.
RESULT - Motion for approval passes unanimously. (9 – 0)
PUBLIC HEARING OPENED
TRILLIUM HILL SUBDIVISION ZONE CHANGE
ZON2018-00002; SUB2018-00003
DESCRIPTION OF PROPOSAL: The applicant is requesting approval for a zone change
from R-3.5 to R-4.5 and a 14-lot subdivision, located at 15050 and 15100 SW 109th Avenue.
Proposed lots will range in size from 7,218 square feet to 8,481 square feet. The applicant also
proposes to extend SW Lady Marion Drive west to provide a connection to SW 109th Avenue
and create a new private street (Tierra Terrace), which connects to SW Lady Marion Drive.
LOCATION: 15050 and 15100 SW 109th Avenue
QUASI-JUDICIAL HEARING STATEMENTS
President Fitzgerald read the required statements and procedural items from the quasi-judicial
hearing guide. There were no abstentions; there were no challenges of the commissioners for
bias. Conflict of interest: none. Ex-parte contacts: none. Site visitations: Commissioners
Lieuallen, Jackson, Fitzgerald, Feeney, Roberts, and Schmidt had visited the site. No one in the
audience wished to challenge the jurisdiction of the commission.
STAFF REPORT
Associate Planner Agnes Lindor introduced herself and went over the staff report (Staff reports
are available on-line one week before each hearing) and a PowerPoint (Exhibit C) regarding the
proposal below:
Rezone request
Change from R-3.5 to R-4.5
Both in Low Density Residential Comprehensive Plan Designation
Subdivision
14 lots
Extension of SW Lady Marion Drive west to SW 109th Avenue
Private street from SW Marion Drive
July 16, 2018 Page 5 of 9
STAFF RECOMMENDATION
Staff recommends the Planning Commission approve the proposed zone change and
subdivision based on the findings contained in the staff report and the applicant’s materials.
QUESTIONS
Was the extension of SW Lady Marion Dr. a request from the applicant, or is that a City
requirement? It is a requirement by the City.
Are you saying we cannot approve the zone change without approving the subdivision?
They are applying for it together - concurrently. So to be clear, I cannot turn down the
subdivision and approve the zone change? Yes.
APPLICANT’S PRESENTATION
Wayne Hayson, Planning Manager with Pioneer Design Group, was there representing the
applicant, Paceline Holdings, LLC. Mr. Hayson went over a PowerPoint (Exhibit D). He noted
that this proposal would change the zoning district from R-3.5 to R-4.5. He said staff had
covered most of his points already so he would keep this brief and expand upon some of the
points. He noted that R-3.5 & R-4.5 are both low density residential, so they don’t change the
Comprehensive Plan. Considering the larger lots to the east in the Erickson Heights subdivision,
he believes the lots are an appropriate transition. The density would increase by just 3 units,
which is not a significant increase – it’s an increase of less than 30 average daily trips across that
side. Lady Marion will be extended to SW 109th as required and a half-street improvement will
be provided along the SW 109th Ave. frontage. The private street located in Tract A will have a
26’ wide paved surface to provide parking on one side and includes a turnaround, which meets
TVF&R specifications. There will be no need for people to wheel their garbage cans out to a
main street. There will be no problem with garbage collection on that street because of the
parking being on just the one side and how the street was designed. All required public utilities
are available to the site. He addressed some of the neighborhood concerns – such as speeding,
no parking areas, illegal passing, etc. Unfortunately, these concerns cannot be controlled by the
review of this application; however, he said, “We will obviously comply with the necessary
signage that is determined by City engineering staff through the review.”
TESTIMONY IN FAVOR – None
TESTIMONY IN OPPOSITION
Dorothy Gadas –16463 SW 103 Ave., Tigard – does not want people to bulldoze the hillside.
She noted there is a vast area of trees and forestry and she is against changing the area. She
would like to know how the erosion with soil, wind, and incredibly dry weather will affect the
hillside; she doesn’t believe that was addressed. She objects to this residential community being
built just for another bit of money for the city when they’re putting forty-nine homeowners lives
at risk because the steep hill is not going to maintain what is proposed.
July 16, 2018 Page 6 of 9
Allan Rumbaugh 10500 SW Naeve St. Tigard – said he did not receive public notice. He
believes he is in the impact area [Mr. Rumbaugh lives just outside of the noticing area]. He is
concerned about street traffic and traffic calming. He said he had sent a letter of comment that
went into more detail. He’s mainly concerned about safety on the street; he does not want Lady
Marion extended, and believes this should simply be a 14 lot cul-de-sac.
Lynn Walker, 14970 SW 109th Tigard – doesn’t want Lady Marion extended. She is concerned
about signage, lack of stripes… safety. She already has a hard time getting out of her driveway
due to traffic and bad visibility. She doesn’t believe Tigard has done enough studies. She would
like to see a 4-way stop at Murdock and 109th; she would like to see speed bumps and would like
to see a traffic officer there monitoring the traffic going through. She said people speed through
there all the time. She is against the commission doing the zoning and subdivision together. She
would rather see them do the zoning first and the subdivision second. She thinks the residents
already there should be taken into consideration. She believes this is rushed – originally, this was
going to be eight houses – and now it’s fourteen. She believes there are safety improvements
that should be taken into consideration before rezoning.
Kayla Carruth, 10555 SW Lady Marion – is concerned about the extension of Lady Marion.
She believes her street will become like a freeway with this change and wants this to be
reconsidered. Her street already has a lot of traffic and now it will be worse. She would like that
to be considered.
Bill Anderson, 10499 SW Naeve Street, Tigard – agrees with all the previous testimony. He
moved to the area because of the livability of the area. For safety and traffic reasons, he’s very
concerned about Lady Marion going through.
STAFF RESPONSE
Tigard’s principal engineer Khoi Le said he wants to direct the Commission back to the Code
Requirement regarding street connections. Lady Marion Drive has the capacity to handle
additional traffic and the engineering department does not see a problem or have any issues with
the street connection. Associate Planner Agnes Lindor spoke to the question about the hillside.
There wasn’t a sensitive lands required because the slopes are less than 25% in grade; however, a
building permit through the building code requirements - if there’s a geotech required for the
foundations and how the houses are built – will be required at that time. As far as tree removal –
the current code does provide incentives for developers to preserve trees; however, it’s not a
requirement – it’s an option that they can utilize. As for noticing requirements – the code
requires that properties within 500’ of the site be sent notices, so if you are outside of that you
will not receive a mailed notice.
APPLICANT REBUTTAL
Wayne Hayson regarding the notice area – said the state law’s minimum noticing area is
actually just 300’, and Tigard’s 500’ noticing area exceeds that standard. He said, “I believe the
applicant complied with Tigard’s requirement and we have a written affidavit confirming the
mailing.
July 16, 2018 Page 7 of 9
Regarding connectivity – We are subject to the standards of approval or the requirements for
approval that were in effect on the day that we submitted our land use application. On that day
the City code clearly stated that all local neighborhood routes and collector streets which abut a
development shall be extended unless any of the three exceptions are present, that is
environmental or topographical constraints, existing development, patents or strict adherence to
other standards in this code. We’ve been through the process and this is not a sensitive area,
topography is not an issue; there’s nothing preventing a street going through. A cul -de-sac is not
an option in this case – anything else would be changing the goal post in this application. We are
required to put that street through. As for circulation, there’s always a consequence to
circulation and to putting a street through in this fashion. One of those consequences for people
living on Kable is that they will see a decrease in traffic. People who are cutting through Naeve
down to Kable will now likely take Lady Marion. People on that street will see more traffic, but
other streets in the area will see a decrease in traffic. And that’s the point of connectivity – it’s to
allow multiple ways to get in and out of a neighborhood to distribute traffic and even that traffic
out. The design of Erickson Heights anticipated Lady Marion Drive going through. The stub is
an interim situation and I believe it is appropriate for it to go through. Everybody would like to
live on a dead end street if they had the ability to do so.
Regarding a traffic study – at 14 lots it’s not considered a significant enough development to
warrant additional transportation studies and part of that is because when you’re getting a stub
street it’s anticipated that it is going through unless there are physical constraints to prevent it
from doing so. A geotechnical report is not required at this time. We will be required to do that
geotechnical report before we submit for site developmen t for grading permits and for building
permits for the homes.”
QUESTIONS
President Fitzgerald asked Assistant Community Development Director Tom McGuire to
clarify whether the Commission is actually making the decision, or just recommending to
Council. Tom answered that this is a Type III procedure, which means they are making the
decision; however, the decision is appealable to City Council before being appealable to LUBA.
PUBLIC HEARING CLOSED
DELIBERATION REGARDING THE ZONING CHANGE
President Fitzgerald took a straw poll regarding whether to do one vote on the zoning change
and subdivision or whether to do two separate motions – understanding that if the zoning
change does not go through, the subdivision will not be able to go through.
She asked each commissioner to weigh in on the zoning change.
Commissioner:
Schmidt thinks this is reasonable; he’s fine with the zone change.
Roberts likes the consistency and is good with the zone change.
Brook agrees and is also good with the zone change.
Feeney concurs.
July 16, 2018 Page 8 of 9
Hu agrees – he cautioned them that if they approve the zone change but not the
subdivision, someone else could just run away with it.
Jackson considers the zone change justification to be reasonable.
Lieuallen chose not to comment.
Middaugh – agrees with the zone change – it’s consistent with the existing lots that
adjoin the site.
The consensus was that the commissioners would pass the zone change, so they would like to
do one motion to include both the zone change and the subdivision.
DELIBERATION OF THE SUBDIVISION
President Fitzgerald asked for the commissioner’s thoughts on the subdivision:
Commissioner:
Middaugh: is in agreement with the subdivision. The intent all along was to extend that
road. He agrees with connectivity and overall thinks the plan is well thought out and well
designed. He likes that most of the new units will have frontage on Lady Marion and that
will fit in well with the existing look of the neighborhood.
Lieuallen thinks the 109th connection is unsafe – he thinks the very top of that hill is high
and there will likely be people speeding down that road – it’s a steep downhill road – he
doesn’t like the connection and thinks it’s dangerous. As for the density – he thinks the
developers could do some traffic calming.
Jackson – regarding traffic, the only homes on Lady Marion that would see less traffic are
the ones on the corner. He’s disappointed that the sidewalk is not going through. All in
all, he thinks the proposal meets code requirements.
Hu is sympathetic to the neighbors’ concerns, but the property owners have the right to
develop their property in this way. He will vote for the subdivision.
Feeney – Connectivity is required and this extended street meets the criteria.
Brook – doesn’t see the draw for so much additional traffic. She thinks the design very
clearly considered the options. She will vote yes.
Roberts – this is as good a plan as we’ll likely get on this property. He understands the
concern about traffic – enforcement and calming is on his mind - but this meets the
code.
Schmidt – agrees with the statements in favor of the proposal as planned. He believes the
plan meets the code requirements, and he can’t find a reason to deny it.
President Fitzgerald agrees that this meets the code. She asked if anyone would like to
make a motion.
MOTION
Commissioner Middaugh made the following motion: “I move for approval of application
ZON2018-00002 and SUB2018-00003 and adoption of the findings and conditions of
approval contained in the staff report and based on testimony received tonight.” The
motion was seconded by Commissioner Feeney.
C I T Y O F T I G A R D
R e s p e c t a n d C a r e | D o t h e R i g h t T h i n g | G e t i t D o n e
Lewis Annexation
ZCA2018-00002
July 16, 2018Presented to Tigard Planning Commission
C I T Y O F T I G A R D
C I T Y O F T I G A R D
R e s p e c t a n d C a r e | D o t h e R i g h t T h i n g | G e t i t D o n e
Chase Annexation
ZCA2018-00003
July 16, 2018Presented to Tigard Planning Commission
C I T Y O F T I G A R D
C I T Y O F T I G A R D
R e s p e c t a n d C a r e | D o t h e R i g h t T h i n g | G e t i t D o n e
TRILLIUM HILL:
ZONING MAP AMENDMENT
& SUBDIVISION
July 16, 2018Tigard Planning Commission
C I T Y O F T I G A R D
C I T Y O F T I G A R D
Site Information
Two parcels
143,506 SF / 3.29 acres
Vacant / SF was demolished in 2012 on south parcel
Location
East of SW 109th Avenue / West of SW 107th Terrace /
Terminus of SW Lady Marion Drive
Adjacent Zoning and Uses
North/West: R-12 / multifamily units
South/East: R-3.5 / single-family units
C I T Y O F T I G A R D
C I T Y O F T I G A R D
Proposal
Rezone request
Change from R-3.5 to R-4.5
Both in Low Density Residential Comprehensive Plan
Designation
Subdivision
14 lots
Extension of SW Lady Marion Drive west to SW 109th
Avenue
Private street from SW Marion Drive
C I T Y O F T I G A R D
C I T Y O F T I G A R D
ALLOWED HOUSING TYPES
R-3.5 R-4.5
Single Unit –Detached P P
Single Unit –Attached N R1
Accessory Units R R
Duplexes C C
Multifamily N N
Manufactured Homes P P
Mobile Home Parks C C
1Attached single-family units permitted only as part of an approved planned
development.
C I T Y O F T I G A R D
DEVELOPMENT STANDARDS COMPARISON
STANDARD R-3.5 (existing)R-4.5 (proposed)
Minimum Lot Size 10,000 sq.ft.(Single Family)
10,000 sq.ft.(Duplex)
7,500 sq.ft.(Single Family)
10,000 sq.ft.(Duplex)
Minimum Lot Width 65 ft.50 ft.
Minimum Setbacks
-Front Yard
-Garage
-Rear Yard
-Side Yard
-Side Facing Street
-Side or Rear Yard Abutting
More Restrictive Zoning
20 ft.
20 ft.
15 ft.
5 ft.
20 ft.
N/A
20 ft.
20 ft.
15 ft.
5 ft.
15 ft.
N/A
Maximum Height 30 ft.30 ft.
Maximum Lot Coverage N/A N/A
Minimum Landscaping N/A N/A
C I T Y O F T I G A R D
Public Comments
Six Comment Letters received
Concerns:
Increased traffic and safety signage
Connectivity
Notification requirements
Slopes on the site
General impacts of the rezone
Water runoff
Tree removal
C I T Y O F T I G A R D
Staff Recommendation
Staff recommends the Planning Commission APPROVE
the proposed zone change and subdivision based on
findings contained the staff report and applicants
materials.
C I T Y O F T I G A R D
Conclusion
Questions?
C I T Y O F T I G A R D
DENSITY COMPARISON
ZONE R-3.5 R-4.5
Proposed Density n/a 14
Minimum Units 8 11
Maximum Units 11 14
Net Development Area: 112,212 SF
Gross Site: 143,506 SF (31,294 for public and private streets)
C I T Y O F T I G A R D
LAND USE APPLICATION
CITY OF TIGARD
TRILLIUM HILL
14 Lot Subdivision, with
Zone Change (R-3.5 to R-4.5)
Tax Map 2S1 10DA - Lots 300 & 400
SITE
Horiz.Scale:DateDateDateREF.DesignedbyVert.Scale:DrawnbyReviewedbyProjectNo.PIONEERDESIGNGROUP,INC.9020SWWASHINGTONSQUARERD.SUITE170PORTLAND,OREGON97223p503.643.8286f844.715.4743www.pd-grp.comZONINGMAPTRILLIUMHILLCITYOFTIGARD,OREGONTRILLIUM HILL
356-001
PLANNING
1 1B:\Projects\356-001\planning\Exhibits\zoningmap.dwg12/5/20178:00:02AM
Horiz. Scale:DateDateDateREF.Designed byVert. Scale:Drawn byReviewed byProject No.TRILLIUM HILLCITY OF TIGARD, OREGONTRILLIUM HILL
356-001
PLANNING
12PRELIMINARY PLAT1
TRILLIUM HILL
A 14 LOT SUBDIVISION ON TAX LOTS 300 & 400, TAX MAP 2S1 10DA
TAX MAP:2S1 10DA
TAX LOTS:300 & 400
SITE ADDRESS: 15050 & 15100 SW 109TH AVE.
TIGARD, OREGON 97224
SITE SIZE: 3.29 ACRES
EXISTING ZONING:R-3.5
PROPOSED ZONING:R-4.5
SITE INFORMATION
PLANNING/ENGINEERING/SURVEYING
PIONEER DESIGN GROUP, INC.
9020 SW WASHINGTON SQ RD., SUITE 170
PORTLAND, OR 97223
PHONE (503) 643-8286
CONTACT: MATT SPRAGUE
APPLICANT
PACELINE HOLDINGS, LLC.
15685 SW 116TH AVE., SUITE 205
TIGARD, OR 97224
PHONE (503) 957-2425
CONTACT: RICK PERRY/MIKE HAGEL
VERTICAL DATUM
CITY OF TIGARD GEODETIC CONTROL.
A 2-12 " BRASS DISK SET IN A CONCRETE CURB
LOCATED AT THE INTERSECTION OF SW DEL
MONTE DRIVE AND SW 106TH AVENUE IN THE
6287+&85%2)7+( (/%2:7851$5281'
FEET EAST OF THE DRIVE TO 10620 SW DEL MONTE
DRIVE.
NGVD 29 ELEVATION: 403.97
PRELIMINARY STREET PLAN
SITE CROSS SECTION PLAN AND PROFILE
SW ROYALTY PKWY./SW 109TH AVE.
PLAN AND PROFILE
5
PRELIMINARY GRADING AND EROSION CONTROL PLAN3
8
SHEET INDEX
7
6
PRELIMINARY TREE REMOVAL PLAN4
EXISTING CONDITIONS2
PRELIMINARY PLAT
SHEET DESCRIPTIONSHEET
NUMBER
1 NORTHVICINITY MAP
SITE MAP
NORTHSITE
15050 & 15100 SW 109th AVENUE, TIGARD, OREGON, 97224
FRONT BUILDING:20 FT.
FRONT GARAGE:20 FT.
SIDE YARD:5 FT.
STREET SIDE YARD:15 FT.
REAR BUILDING:15 FT.
SETBACK REQUIREMENTS
TRACT 'A' - PLAN AND PROFILE
SW LADY MARION DR. - PLAN AND PROFILE9
OWNERS
SHAWN AND MIKE HAGEL
12780 FIELDING RD.
LAKE OSWEGO, OR 97034
PRELIMINARY UTILITY PLAN
10
PROJECT ARBORIST
MORGAN HOLEN & ASSOC.
3 MONROE PARKWAY, SUITE P220
LAKE OSWEGO, OR 97035
PHONE (971) 409-9354
CONTACT: MORGAN HOLEN
LANDSCAPE ARCHITECT
WATER QUALITY FACILITY - PLAN AND PROFILE11
PIONEER DESIGN GROUP, INC.
9020 SW WASHINGTON SQ RD., SUITE 170
PORTLAND, OR 97223
PHONE (503) 643-8286
CONTACT: BEN HOLMES, PLA
CIRCULATION AND AERIAL PLAN12
LANDSCAPE PLANTING PLANS & DETAILSL1-L5
7,405 sf 7,405 sf
7,405 sf
7,405 sf
8,712 sf 9,583 sf
10,890 sf
6,534 sf
7,840 sf
6,969 sf
6,969 sf 6,534 sf
1 2 3 4
56789
10
11 12 13 14
TRACT A
TRACT B
STORM FACILITY
TRACT C
OPEN SPACE
SW LADY MARION DR.SW 107TH TER.SW NAEVE ST.SW KABLE ST.SW R
O
Y
A
L
T
Y
P
K
W
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PLANNING
12CIRCULATION AND AERIAL PLAN12
EXISTING PEDESTRIAN CIRCULATION
PROPOSED PEDESTRIAN CIRCULATION
EXISTING VEHICULAR / BICYCLE CIRCULATION
PROPOSED VEHICULAR / BICYCLE CIRCULATION
LEGEND
1 inch = 100 ft.
GRAPHIC SCALE
( IN FEET )
Page 1 of 3
City of Tigard
Memorandum
To: Tigard Planning Commission
From: Schuyler Warren, Associate Planner
Re: PHASE II CODE AMENDMENT PROJECT BRIEFING
Housing Policy and Omnibus Changes
Date: July 9, 2018 for July 16, 2018 Meeting
Following on the work to reorganize the Tigard Development Code in Phase I, staff has
begun the process of developing code amendments that include the following:
Policy changes to allow missing middle housing types as recommended in the 2013
Housing Strategies Report and under Goal 10 of the Tigard Comprehensive Plan.
Further reorganization of the TDC to collate and clarify residential design standards,
and to create a structure for future commercial design standards.
Changes related to group living, transitional housing, and emergency shelter.
Changes to off-street parking standards for residential development.
Changes related to walkability recommended in the Strategic Plan Implementation
code audit.
Miscellaneous code fixes identified by staff
In January of 2018, City Council approved the formation of a Housing Options Task Force
to provide guidance and recommendations to staff in drafting amendments related to
housing and related policy. The Planning Commission was provided background on this
project at the February 26, 2018 meeting.
Since that time, the Task Force has met 5 times to discuss missing middle housing types and
make recommendations for standards for their inclusion into Tigard’s residential zones.
On June 13, 2018, a Housing Options Open House was held to present proposed housing
policy changes to the public. In addition, the code project has a dedicated page on the city’s
website, and has received some local media coverage. To date, feedback has been generally
favorable toward these proposed changes.
A summary of the proposed code changes is included below, and copies of the posters
presented to the public at the open house are attached.
Page 2 of 3
Housing Policy
Allow accessory dwelling units by right in all zones, and on all lots with a detached
house, in accordance with Senate Bill 1051 (2017).
Allow missing middle housing types in appropriate zones, including:
o Cottage Clusters
o Courtyard Units
o Quads
o Rowhouses
Provide clear and objective standards for all housing development, in accordance
with Senate Bill 1051.
Provide clear and objective standards for manufactured housing.
Code Reorganization
Reorganize code to move development standards for housing out of Chapter 110,
Residential Zones, and group them into a separate grouping of chapters, organized by
development type.
o Provide general provisions for all housing types.
o Provide individual development standards chapters for the following housing
types:
Accessory Dwelling Units
Apartments (placeholder)
Cottage Clusters
Courtyard Units
Mobile Home Parks
Quads
Rowhouses (placeholder)
Single Detached Houses
Create placeholder chapters for non-residential development standards.
Move Off-Street Parking and Loading and Landscaping and Screening chapters to
the supplemental standards grouping.
Group Living and Transitional Housing
The current code is not in line with federal fair housing laws with regard to group living and
transitional housing. In addition, the city has received requests from area religious
organizations to clarify the legality of providing temporary shelter as an accessory use.
Proposed code changes would include:
Group Living now allowed by right in all zones where Household Living is allowed.
Page 3 of 3
Transitional Housing now defined as a transient lodging use based on tenancy, and
moved to the Civic Uses grouping.
Temporary and emergency shelter allowed as an accessory use to Religious Institution
uses, subject to standards.
Off-Street Parking and Loading
Provide an on-street parking credit for residential development where sufficient
unrestricted curb space allows for it.
Strategic Plan Implementation and Omnibus
Miscellaneous changes to definitions to provide clarity.
Changes to provide clear standards for small-cell wireless installations in the right-of-
way.
Codification of recent Director’s Interpretations.
Changes to clarify certain regulations in the Tigard Downtown Plan District.
Discussion Topics
Planning Commission is scheduled to consider these code changes on October 1, 2018. Staff
requests feedback, comments, and questions on the proposed policy changes, particularly:
Standards for internal and attached ADUs
Zoning and design standards for Cottage Clusters, Courtyard Units, and Quads
Transitional Housing and Emergency Shelter policies
On-street parking credits
Background
Proposed Site Standards
Proposed Design Standards
Proposed Parking Standards
Accessory Dwelling Units (ADUs)
Accessory dwelling units (ADUs), sometimes called backyard
cottages, carriage houses, or granny flats, are additional
dwelling units on the same property with a primary dwelling unit.
ADUs are self-contained, with their own kitchen, bathroom,
and living quarters.
ADUs can be internal to the primary unit, such as a converted
basement or second floor, they can be attached, such as a
loft above a garage, or they can be detached as a standalone
unit. ADUs provide a way for residents to create additional
living space for a relative on the same lot, to downsize and
stay in their own neighborhood, and to potentially supplement
their income. State law requires cities to allow ADUs on
all lots with detached houses.
Units: Only 2 ADUs are allowed per lot. Only 1 detached ADU
is allowed per lot.
Lot size: No change to lot size standards.
Site Coverage: No change to site coverage standards.
Setbacks: No change to setbacks, except the rear setback
may be 5 feet.
Home Occupations: Only 1 home business serving
customers is allowed per lot.
Detached ADUs:
• The maximum size is 800 square feet.
• The maximum height is 25 feet.
Internal or Attached ADUs:
• Cannot be larger than the primary unit.
• The maximum height is the same as the base zone.
Parking Minimum: 1 parking space per ADU.
Parking Credit: Allowed, if within 1/2 mile of transit or if
sufficient curb space exists.
INTERNAL ADU
ATTACHED ADU
DETACHED ADU
Example of ADU Example of ADU
How They FitHow They FitHow They Fit
Background
Proposed Site Standards
Proposed Design Standards
Proposed Parking Standards
Cottage Clusters
Cottage clusters are a group of smaller detached housing
units. The cottages are typically 800-1200 square feet, less
than half the size of the typical modern home. Cottages are
clustered around a common open space. Front entrances of
cottages open onto the common space or onto the sidewalk.
Parking areas are located at the side or the rear of the property,
and are connected to the units by internal sidewalks.
This housing type provides a community-oriented option
for anyone interested in smaller housing, including younger
homeowners and seniors. Units are typically offered under
condominium ownership or as rentals. Cottage clusters offer
many benefits, including reduced landscape maintenance
responsibilities, efficient parking design, and shared amenities.
Units: Between 4 and 12 units.
Lot size: Minimum lot size is 10,000 square feet.
Site Coverage: 20 percent of lot must be common open space,
which is oriented to the street.
Setbacks: 10 feet along the street, 5 feet everywhere else.
Internal Pathways: Required. Must be ADA-compliant and
connect cottages to parking and common space.
Home Occupations: Home businesses serving customers are
not allowed.
Additional Standards:
• Cottages cannot be enlarged.
Size: Maximum size of each cottage is 1,200 square feet.
The average square footage of units is 1,100 square feet,
ensuring diversity of size.
Maximum Height: 25 feet.
Additional Standards:
• Front entrances must face the common open space or
the street.
• Porches are required, must be 50 square feet minimum.
• Fences not along a property line must be 3 feet or less.
Parking Minimum: 1 parking space per unit.
Parking Credit: Allowed, if within 1/2 mile of transit or if
sufficient curb space exists.
Screening: Off-street parking must be screened from street
and adjacent properties.
Location: Parking must be grouped and located at least 20
feet from any street.
COTTAGE CLUSTER
Example of Cottage Cluster Example of Cottage Cluster
How They Fit
Background
Proposed Site Standards
Proposed Design Standards
Proposed Parking Standards
Courtyard Units
Courtyard units are a grouping of smaller attached housing
units, typically 800-1200 square feet, which share common
open space and parking areas. This housing type provides a
community-oriented option for anyone interested in smaller
housing, including younger homeowners and seniors. These
units are typically offered under condominium ownership or
as rentals.
Courtyard units offer many benefits, including reduced
landscape maintenance responsibilities, efficient parking
design, and shared amenities. Courtyard units are built with
the units clustered around the common open space, and front
entrances open onto that space or onto the sidewalk.
Units: Between 5 and 12 units.
Lot size: Minimum lot size is 10,000 square feet. Lots must be
at least 75 feet wide along the street.
Site Coverage: 20 percent of the lot must be common open
space, which is oriented to the street.
Setbacks: 10 feet in front, 15 feet in back, and 10 feet on sides.
Internal Pathways: Required. Must be ADA-compliant and
connect units to parking and common space.
Home Occupations: Home businesses serving customers are
not allowed.
Size: Maximum size of each unit is 1,200 square feet. Average
size is 1,000 or less.
Maximum Height: 18 feet.
Additional Standards:
• Front entrances must face the common open space or
the street.
• Walls along the street cannot be more than 40 feet in
length. No more than 80 total feet of wall along frontage.
• Street-facing walls must include 15% windows.
Parking Minimum: 1 parking space per unit.
Parking Credit: Allowed, if within 1/2 mile of transit or if
sufficient curb space exists.
Screening: Off-street parking must be screened from street
and adjacent properties.
Location: Parking must be grouped and located at least 20
feet from any street.
COURTYARD UNITS
Example of Courtyard Units Example of Courtyard Units
How They Fit
Background
Proposed Site Standards
Proposed Design Standards
Proposed Parking Standards
Quads
Quads are a type of stacked housing with two units on a lower
floor and two units on an upper floor. Because a quad must meet
the same height and lot coverage standards as the surrounding
houses, this housing type is mostly indistinguishable from
other houses within a neighborhood. A quad is similar in scale
to other buildings within a neighborhood.
In addition, quads often share a common front entrance,
making them look similar to a single-unit dwelling.
This housing type is neighborhood-compatible, with pedestrian
friendly frontage and parking at the side or in the rear of the
building. It can be a great option for corner lots or along busy
streets.
Location: Only allowed on corners or on collector and arterial
streets.
Units: 4 units. Must have 2 first floor and 2 second floor units.
Lot size: Lot size standards remain the same.
Site Coverage: Site coverage standards remain the same.
Setbacks: Setbacks are 15 feet in front, 15 feet in back, and
5 feet on sides. The maximum front setback is 20 feet.
Home Occupations: Home businesses serving customers
are not allowed.
Maximum Height: No change to maximum height
Additional Standards:
• Street-facing walls must include 15% windows.
• Exterior stairs to the second floor are not allowed.
Parking Minimum: 1 parking space per unit.
Parking Credit: Allowed, if within 1/2 mile of transit or if
sufficient curb space exists.
Screening: Off-street parking must be screened from street
and adjacent properties.
Location: Parking must be grouped and located at least 20
feet from any street.
QUAD
Example of Quad Example of Quad
How They Fit
Background
Proposed Site Standards
Proposed Design Standards
Proposed Parking Standards
Rowhouses
Rowhouses are a type of attached housing, sometimes
referred to as townhouses, condos, or brownstones. Units are
attached side-by-side with a shared common wall between
each unit. Rowhouses engage directly with the street, as they
are typically placed a very short distance from the front property
line or sometimes directly on it. Rowhouses with individual
driveways in the front are less pedestrian-friendly than those
with parking behind the units.
Because the building mass of rowhouse development is larger
at the street frontage and the lot sizes are smaller, they are
typically allowed only in medium- to high-density zones.
Units: 4 or more units.
Lot size: No change to lot size standards.
Site Coverage: No change to site coverage standards.
Setbacks: 0 feet in front, 15 feet in back, 5 feet on sides. The
setback at common wall partitions is 0 feet. The maximum front
setback is 15 feet.
Maximum Height: 25 feet
Additional Standards:
• Front entrances must face the street.
• Walls along the street cannot be more than 40 feet in
length.
• Street-facing walls must include 15% windows.
• An offset of at least 2 feet is required every 50 feet on
street-facing facades of more than 100 feet.
• Roof-mounted mechanical equipment must be screened.
Parking Minimum: 1 parking space per unit.
Parking Credit: Allowed, if within 1/2 mile of transit or if
sufficient curb space exists.
Screening: Off-street parking must be screened from street
and adjacent properties.
Location: Parking must be grouped and located at least 20
feet from any street.
ROWHOUSES
Example of Rowhouses Example of Rowhouses
How They FitExample of Rowhouses Example of Rowhouses
C I T Y O F T I G A R D
R e s p e c t a n d C a r e | D o t h e R i g h t T h i n g | G e t i t D o n e
Housing Policy | Development
Standards | Land Use Procedures
Phase II Code Amendment Project
July 16, 2018Planning Commission Briefing
City of Tigard
Project Overview
•Major code reorganization
•Land use review procedures
Phase I Amendments
•Minor code reorganization
•Housing policy
•Residential standards
•Commercial standards
•Land use procedures
Phase II Amendments
•Multi-year effort to modernize and organize code
•Incorporate Strategic Plan code audit recommendations
Development Code Work Program
City of Tigard
Project Purpose
Expand housing options for Tigard residents
Comply with state law regarding needed housing and
recent ADU legislation
Advance the city’s strategic vision for walkability
Modernize and improve the effectiveness of the
development code
Facilitate quality development
City of Tigard
Project Schedule
Phase II Amendments Oct
2018
Nov
2018
Dec
2018
Minor Code Reorganization
Housing Policy
Missing Middle Housing Standards PC CC
Apartment & Rowhouse Standards
Commercial Standards
Land Use Procedures PC CC
City of Tigard
Stakeholder Engagement
Housing Options Task Force –ongoing
Housing Options Open House –held June 13
Planning Commission –ongoing
Polygon Northwest –River Terrace
Home Builders Association –development standards
City of Tigard
18.210 General Provisions -----------------------Moved
18.220 Accessory Dwelling Units ---------------Revised
18.230 Apartments --------------------------------Revised
18.240 Cottage Clusters --------------------------NEW
18.250 Courtyard Units ---------------------------NEW
18.260 Mobile Home Parks ----------------------Revised
18.270 Quads --------------------------------------NEW
18.280 Rowhouses --------------------------------Revised
18.290 Single Detached Houses ---------------Moved
Housing Policy & Residential Standards
City of Tigard
Key Policy Changes -Housing
Policy 1: Accessory Dwelling Unit (ADU) Standards
Required by SB 1051.
•Allow everywhere single detached houses allowed.
•May be detached, attached, or internal.
Detached size limit of 800 square feet. Attached and
internal square footage cannot exceed primary.
Up to two ADUs per lot –only one can be detached.
Remove owner residency requirement.
City of Tigard
Key Policy Changes -Housing
Policy 2: Missing Middle Housing Standards
Adopted policy recommendation from 2013 Housing
Strategies Report and Comprehensive Plan.
Standards must be clear and objective.
Cottage Clusters, Courtyard Units, Quads, Rowhouses.
Standards focus on:•Site configuration
•Building placement and size
•Parking –must be clustered
•Screening and landscaping
•Pedestrian connections
City of Tigard
Housing –Zoning and Procedures
City of Tigard
Key Policy Changes -Housing
Policy 3: On-street Parking Credit
Same as credit offered in other jurisdictions –Hillsboro,
Wilsonville, Sherwood, Oregon City, Troutdale, Springfield,
Eugene.
Allows reduction in required off-street parking on 1:1 basis.
Standards:•Street must allow pkg and be improved w/curbs.
•Property must have 24 ft of unrestricted frontage
per space. Cannot use other side of street.
•Parking cannot be in vision clearance areas.
City of Tigard
Key Policy Changes -Housing
Policy 4: Fair Housing and Shelter Services
Bring code into alignment with Federal law on group
homes and shelters.
Allow religious institutions to offer temporary shelter on a
limited basis (Family Promise model).
City of Tigard
Key Policy Changes -Misc
Miscellaneous Policies
Wireless –small cells
Manufactured Housing
Use Category Definitions
Downtown Plan District –small changes
City of Tigard
Development Standards
Residential Standards
Apartments and rowhouses
Commercial Standards
Outside plan districts (Hwy 99, 72nd Ave, Scholls Ferry)
River Terrace
Miscellaneous Standards
Lot width, lot shape, frontage width
Walkability
Landscaping
City of Tigard
18.310 General Provisions -----------------------Revised
18.320 Commercial Standards ------------------Revised
18.330 Industrial Standards ---------------------Placeholder
18.340 Parks and Recreation Standards ------Moved
________________________________________________
18.640 River Terrace Commercial Standards -NEW
Nonresidential Standards
City of Tigard
Land Use Procedures
Guiding Principles
Effective
Efficient
Understandable
Fair
Predictably flexible
Procedural (not policy) changes
City of Tigard
18.720 Annexations
18.730 Code Interpretations
18.740 Conditional Uses -------------------------Revised
18.750 Historic Overlay Zone
18.760 Home Occupations
18.765 Modifications -----------------------------NEW
18.770 Planned Developments -----------------Revised
18.780 Site Development Review --------------Revised
18.790 Adjustments -------------------------------Revised
18.795 Map and Text Amendments
Land Use Procedures
City of Tigard
Land Use Procedures -Discussion
Modifications, expirations, extensions, and phasing
PD 2-step review process
PD approval criteria and standards
PD approval authority
City of Tigard
Next Steps
Continued stakeholder engagement
Public review drafts
Measure 56 notice
Public comments and refinements
Public hearings (Oct –Dec 2018)
Resources
Webpage: www.tigard-or.gov/housingoptions/
City of Tigard
Thank You.
Questions?
Page 1 of 3
City of Tigard
Memorandum
To:
From:
Re:
Date:
Tigard Planning Commission
Susan P. Shanks, Senior Planner
PHASE III CODE AMENDMENT PROJECT BRIEFING
Apartment and Commercial Standards | Land Use Review Updates
July 2, 2018 for July 16, 2018 Meeting
In the course of staff’s work on the Phase II code amendment project, it became clear that
additional amendments done in close coordination with Phase II would more effectively
advance the city’s strategic vision for walkability and generally improve the land use review
process and outcomes for the most common types of development proposals.
The purpose of this briefing is to provide Commissioners with a scope of work for Phase III
and an overview of the public engagement plan and project schedule. The scope of work for
Phase III is provided below. Each item includes a brief problem statement and staff’s
preliminary proposal to address the problem. Stakeholders are noted next to each item in
parentheses.
Development Standards – APARTMENTS (Housing Task Force + M561)
Problem – Some apartment standards are not clear and objective, which is required by
law. Additionally, standards are scattered across three chapters, missing key elements, and
do not apply to all apartments equally.
Proposal – Develop a consolidated, comprehensive, and clear and objec tive set of
apartment standards that applies to all apartments equally (i.e. regardless of location),
builds on existing compatibility standards, and more explicitly supports walkability.
Development Standards – COMMERCIAL (Polygon + M56)
Problem – Commercial design standards in the Site Development Review chapter are
vague, deficient, highly subjective, sometimes conflicting, and generally ineffective. There
are some additional standards in the commercial base zone chapter, but they do not
1 M56 stands for Measure 56 Notice. Due to the types of changes proposed, the city is required to mail a
Measure 56 notice to all affected property owners that describes the proposed amendments, how to
comment on them, and the time and date of the first public hearing.
Page 2 of 3
apply to the majority of commercially zoned property along Pacific Highway.
Additionally, no standards currently exist in the River Terrace Plan District chapter for
the commercially zoned area in River Terrace.
Proposal – Develop a consolidated and comprehensive set of development standards for
all commercially zoned properties outside of Plan Districts—and a separate set of
standards for River Terrace—that builds on existing community commercial design
standards and more explicitly supports walkability.
Land Use Review – ADJUSTMENTS/MODIFICATIONS/EXTENSIONS (DAC2)
Problem – The variance and adjustment process is overly rigid and does not provide the
kind of common sense relief from the code that the community needs. The modification
process is limited in its applicability and often results in excessive process, fees, and
delays. Additionally, the code does not have a clear and consistent approach to the
expiration and extension of approvals, which undermines the city’s ability to effectively
regulate development.
Proposal – Develop a general adjustment process that provides a reasonable amount of
flexibility, a general modification process that is broadly applicable and provides the
appropriate level of review, and a consistent, clear, and effective approach to expirations
and extensions of approvals that is centrally located.
Land Use Review – CONDITIONAL USE/SITE DEVELOPMENT REVIEW (DAC)
Problem – The Conditional Use and Site Development Review chapters contain
development standards that should live elsewhere, a flawed and confusing process to
determine level of review, and weak approval criteria.
Proposal – Update both chapters in coordination with other related efforts to improve
the modification process and consolidate the various development standards.
Land Use Review – PLANNED DEVELOPMENT (DAC)
Problem – The Planned Development chapter is complicated, overly prescriptive, poorly
structured, and generally ill equipped to facilitate the kind of development envisioned by
the chapter’s stated purpose and the city’s vision for walkability.
Proposal – Update the chapter to provide for more flexibility, coupled with more specific
direction on what constitutes quality and innovative design. The planned development
process should not just be a large-scale adjustment process. It should provide staff and
the approval authority with good tools with which to work with developers to address
site constraints in a creative and holistic manner.
2 DAC stands for Development Advisory Committee.
Page 3 of 3
Miscellaneous (DAC)
In addition to the proposed amendments described above, staff is proposing a number
of smaller changes that are worth mentioning. The first bullet point is a holdover from
Phase I. The other two are related to the work in both Phase II and III to consolidate
and create a full complement of development standards that results in the kind of
development the community wants to see.
o Lot width measurement – Develop a lot width measurement standard
o Walkability standards – Consolidate and round out existing standards
o Landscaping standards – Simplify and reorganize existing standards
Public Engagement
Given the variety of amendments proposed, staff is reaching out to a variety of stakeholders
for input. Stakeholders are noted in parentheses next to each item listed above. The
Development Advisory Committee (DAC) is a recently convened ad hoc committee
requested by the Home Builder’s Association (HBA) whose nascent purpose is to advise the
Community Development Director and provide a line of communication between HBA
members and the city.
Project Schedule
Staff plans to have a public draft of the Phase III code amendment package completed by
the beginning of October 2018. The first Planning Commission hearing on the amendments
is expected in November 2018, followed by a City Council hearing in December 2018.
Policy Discussion
Staff would like to hear the Commissioners thoughts on the Planned Development chapter
in particular. Topics for discussion include, but are not limited to, the following:
Modifications and development phasing – handle differently?
Concept and detailed plan reviews – effective process?
Clear and objective vs. discretionary standards – right balance?
Approval authority – Hearings Officer instead of Planning Commission?
LEWIS ANNEXATION PAGE 1 OF 11
ZCA2018-00002
Hearing Date: July 16, 2018 Time: 7:00 P.M.
STAFF REPORT TO THE
PLANNING COMMISSION
FOR THE CITY OF TIGARD, OREGON
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: LEWIS ANNEXATION
CASE NO: Zone Change Annexation (ZCA) ZCA2018-00002
APPLICANTS/
OWNERS
John and Elizabeth A. Lewis
13990 SW Fern Street
Tigard, OR 97223
PROPOSAL: This proposal is to annex one (1) parcel of land, located at 13990 SW Fern Street, into
the City of Tigard. The property owners request to annex in order to connect to city
sewer. The 0.47-acre site is an “island” of unincorporated land that is completely
surrounded by land in the City of Tigard jurisdiction.
LOCATION: 13990 SW Fern Street; WCTM 2S104BD, Tax Lot 9300
COUNTY ZONE: R-6: Residential, 5 units/acre minimum density, 6 units/acre maximum density
CITY ZONE: R-7: Medium-Density Residential Zone. The R-7 zone is designed to accommodate
attached single-family homes, detached single-family homes with or without accessory
residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a
minimum lot size of 10,000 square feet. Mobile home parks are also permitted outright.
Some civic and institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA:
The approval standards for annexations are described in Community Development
Code Chapters 18.710 and 18.720, Comprehensive Plan Goal 1, Goal 11, Goal 12, and
Goal 14; Metro Code Chapter 3.09; and Oregon Revised Statutes (ORS) Chapter 222.
SECTION II. STAFF RECOMMENDATION
Staff recommends the Planning Commission find that the proposed annexation (ZCA2018-00002) meets all
the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development
Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal
11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the
Planning Commission recommend APPROVAL of ZCA2018-00002 to City Council.
LEWIS ANNEXATION PAGE 2 OF 11
ZCA2018-00002
SECTION III. BACKGROUND INFORMATION
The 0.47-acre site (13990 SW Fern Street; WCTM 2S104BD, Tax Lot 9300) is located on the south side of
SW Fern Street; east of SW Ascension Drive, and west of SW 135 th Avenue. According to the Washington
County Assessment and Taxation report, the property was developed with a detached, single-family dwelling
in 1974. The subject property and the adjacent property (13992 SW Fern Street; WCTM 2S104BD, Tax Lot
9400) make up an “island” of unincorporated land that is completely surrounded by land in the City of
Tigard jurisdiction. As defined by Washington County Land Use Districts, the subject property is R-6
(Residential, 5 units/acre minimum density, 6 units/acre maximum density). Upon approval of this proposed
annexation, the subject property will be zoned R-7 (Medium-Density Residential), under City of Tigard
designations.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goal
1.1; Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 12, Goal 14.2 (Policies 1-4).
Regional Metro Code Chapter 3.09
State: ORS Chapter 222
CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18)
Chapter 18.710 Land Use Review Procedures
18.710.080 Type III-Modified Procedure
A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter
18.710 of the Community Development Code of the City of Tigard (CDC), using the approval criteria
contained in CDC 18.720.030. City Council will make a decision on this application, with a recommendation
from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning
Commission (on July 16, 2018), and one before City Council (on August 14, 2018). City staff followed public
noticing requirements, in accordance with CDC Sections 18.710.070 and 18.710.080, Metro Code Chapter
3.09, and ORS Chapter 222. City staff posted public hearing notices in four public places on June 25, 2018
(Tigard City Hall, Tigard Permit Center, Tigard Public Library, and at the subject site); city staff mailed public
hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site
on June 25, 2018; and the city published a public hearing notice in The Tigard Times for two successive
weeks (with publish dates on June 28 and July 5, 2018) prior to the July 16, 2018 public hearing before the
Planning Commission.
Chapter 18.720 Annexations
18.720.020 Approval Process
A. Quasi-judicial annexations shall be processed through a Type III-Modified procedure, as
provided in Section 18.710.080, using the criteria in Section 18.720.030. Quasi-judicial
annexations shall be decided by the city council with a recommendation by planning
commission.
This application is for a quasi-judicial annexation, and is being processed through a Type III-Modified
Procedure, as governed by CDC 18.710, using the approval criteria contained in CDC 18.720.030. City
Council will make a decision on this application, with a recommendation from Planning Commission.
18.720.030 Approval Criteria
LEWIS ANNEXATION PAGE 3 OF 11
ZCA2018-00002
A. Approval Criteria. The approval authority shall approve or approve with modification an
annexation application when all of the following are met:
1. The annexation complies with Metro Code 3.09; and
As demonstrated through the findings in this staff report, this proposed quasi -judicial annexation is in
compliance with Metro Code Chapter 3.09. The specific sections of Metro Code Chapter 3.09 that apply to
this application are addressed individually below.
METRO CODE CHAPTER 3.09 LOCAL GOVERNMENT BOUNDARY CHANGES
3.09.030 Notice Requirements
A. The notice requirements in this section apply to all boundary change decisions by a reviewing
entity except expedited decisions made pursuant to section 3.09.045. These requirements apply
in addition to, and do not supersede, applicable requirements of ORS Chapters 197,198, 221 and
222 and any city or county charter provision on boundary changes.
B. Within 45 days after a reviewing entity determines that a petition is complete, the entity shall
set a time for deliberations on a boundary change. The reviewing entity shall give notice of its
proposed deliberations by mailing notice to all necessary parties, by weatherproof posting of
the notice in the general vicinity of the affected territory, and by publishing notice in a
newspaper of general circulation in the affected territory. Notice shall be mailed and posted at
least 20 days prior to the date of deliberations. Notice shall be published as required by state
law.
C. The notice required by subsection (B) shall:
1. Describe the affected territory in a manner that allows certainty;
2. State the date, time and place where the reviewing entity will consider the boundary
change; and
3. State the means by which any person may obtain a copy of the reviewing entity's report
on the proposal.
This proposed annexation is considered a boundary change decision by a reviewing entity, and will not be
processed as an expedited decision; therefore, these notice requirements apply. City staff determined this
application was complete on June 11, 2018. Public hearings for deliberations on this proposed boundary
change were scheduled before Planning Commission (on July 16, 2018) and before City Council (on August
14, 2018). City staff posted public hearing notices in four public places on June 25, 2018 (Tigard City Hall,
Tigard Permit Center, Tigard Public Library, and at the subject site); city staff mailed public hearing notices to
all interested parties, and neighboring property owners within 500 feet of the subject site on June 25, 2018;
and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish
dates on June 28 and July 5, 2018) prior to the July 16, 2018 public hearing before the Planning Commission.
3.09.045 Expedited Decisions
This proposed annexation is not being processed as an expedited decision, but Metro Code 3.09.050.D
requires that the standards in Sections 3.09.045.D and 3.09.045.E be addressed.
D. To approve a boundary change through an expedited process, the city shall:
1. Find that the change is consistent with expressly applicable provisions in:
a. Any applicable urban service agreement adopted pursuant to ORS 195.065;
The Tigard Urban Service Agreement is between the City of Tigard, Washington County, Metro, and the
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service districts for water, sewer, public safety, parks, and transportation. The agreement outlines the role,
provision, area, and planning/coordination responsibilities for service providers operating in the Tigard
Urban Services Area. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of
this report, staff finds that all urban services are available to the proposed annexation property, and have
sufficient capacity to provide service.
The Urban Planning Area Agreement between the City of Tigard and Washington County provides
coordination of comprehensive planning and development, defines the area of interest, and includes policies
with respect to the active planning area and annexation. The applicable annexation policies include the
assignment of comprehensive plan and zoning designations addressed later in this report, and
acknowledgements that the city is the ultimate service provider of urban ser vices within the Tigard Urban
Service Area.
b. Any applicable annexation plan adopted pursuant to ORS 195.205;
There is no adopted annexation plan associated with this proposal. Therefore, this provision does not apply.
c. Any applicable cooperative planning agreement adopted pursuant to ORS
195.020(2) between the affected entity and a necessary party;
ORS 195.020(2) speaks to cooperative agreements between counties or Metro with each special district that
provides an urban service within the boundaries of the county or the metropolitan district. Examples of
special districts include those for utilities, police, fire, and schools. Upon approval of this proposed
annexation, the City of Tigard will provide sewer and stormwater services to the site; the City of Tigard
Police Department will provide public safety services, instead of the Washington County Sheriff’s Office;
and the subject site will be removed from the Washington County Urban Road Maintenance District. City
of Tigard will continue to provide water services to the site, and Tualatin Valley Fire and Rescue (TVF&R)
will continue to provide fire protection and emergency medical services to the site.
d. Any applicable public facility plan adopted pursuant to a statewide planning goal
on public facilities and services;
The City of Tigard Public Facility Plan was adopted in 1991, in compliance with Statewide Planning Goals
and Guidelines, and Oregon Administrative Rules Chapter 660, Division 11. The city makes appropriate
updates to the Public Facility Plan on a regular basis as part of the Periodic Review process as required by
Oregon Administrative Rules Chapter 660, Division 25. As addressed under Comprehensive Plan, Goal 11:
Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the
applicable provisions of the City of Tigard Public Facility Plan.
e. Any applicable comprehensive plan;
This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan. The
specific sections of the Comprehensive Plan that apply to this application will be addressed later in this
report.
f. Any applicable concept plan; and
There is no applicable concept plan associated with this proposal. Therefore, this provision does not apply.
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2. Consider whether the boundary change would:
a. Promote the timely, orderly and economic provision of public facilities and
services;
b. Affect the quality and quantity of urban services; and
c. Eliminate or avoid unnecessary duplication of facilities or services.
The applicant proposes to annex the subject site in order to connect to City of Tigard sewer. As addressed
under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds that all public
facilities and services are available to the proposed annexation property, and have sufficient capacity to
provide service. Upon approval of this proposed annexation, the City of Tigard will provide sewer and
stormwater services to the site; the City of Tigard Police Department will provide public safety services,
instead of the Washington County Sheriff’s Office; and the subject site will be removed from the Washington
County Urban Road Maintenance District. City of Tigard will continue to provide water services to the site,
and TVF&R will continue to provide fire protection and emergency medical services to the site. The
proposed annexation will not adversely impact levels of service within the City of Tigard.
E. A city may not annex territory that lies outside the UGB, except it may annex a lot or parcel that
lies partially within and outside the UGB.
The subject site is not located outside the UGB. Therefore, this provision does not apply.
3.09.050 Hearing and Decision Requirements for Decisions Other Than Expedited Decisions
A. The following requirements for hearings on petitions operate in addition to requirements for
boundary changes in ORS Chapters 198, 221 and 222 and the reviewing entity's charter,
ordinances or resolutions.
B. Not later than 15 days prior to the date set for a hearing the reviewing entity shall make available
to the public a report that addresses the criteria identified in subsection (D) and includes the
following information:
This staff report was made available to the public on June 28, 2018, more than 15 days prior to the public
hearing before Planning Commission.
1. The extent to which urban services are available to serve the affected territory, including
any extra territorial extensions of service;
As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report , staff finds
that all public facilities and services are available to the proposed annexation property, and have sufficient
capacity to provide service.
2. Whether the proposed boundary change will result in the withdrawal of the affected
territory from the legal boundary of any necessary party; and
The proposed annexation area will remain within Washington County, but will be withdrawn from the
Washington County Enhanced Sheriff’s Patrol District, and the Washington County Urban Road
Maintenance District upon completion of this annexation request.
3. The proposed effective date of the boundary change.
A public hearing regarding this annexation request will take place before Tigard City Council on August 14,
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2018. Council will make a decision on this application, with a recommendation from Planning Commission.
If Council adopts findings to approve Case No. ZCA2018-00002, the effective date of this annexation will
be upon the effective date of the approving ordinance, and filing with the Oregon Secretary of State, as
outlined in ORS 222.180.
C. The person or entity proposing the boundary change has the burden to demonstrate that the
proposed boundary change meets the applicable criteria.
The proposed boundary change meets the applicable criteria, as demonstrated through the findings in this
staff report.
D. To approve a boundary change, the reviewing entity shall apply the criteria and consider the
factors set forth in subsections (D) and (E) of section 3.09.045.
The factors set forth in Metro Code Sections 3.09.045.D and 3.09.045.E have been previously addressed in
this report.
(CDC 18.720.030 Continued)
A.2. The annexation is in the city’s best interest.
As addressed under Metro Code Section 3.09.045.D.2 of this staff report, this proposed annexation will help
to promote the timely, orderly and economic provision of City of Tigard public facilities and services, and
eliminate or avoid unnecessary duplication of facilities or services. Accordingly, staff finds this proposed
annexation is in the city’s best interest.
B. Assignment of comprehensive plan and zoning designations. The comprehensive plan
designation and the zoning designation placed on the property shall be the city’s base
zone that most closely implements the city’s or county’s comprehensive plan map
designation. The assignment of these designations shall occur automatically and
concurrently with the annexation. In the case of land that carries county designations, the city
shall convert the county’s comprehensive plan map and zoning designations to the city
designations that are the most similar. A zone change is required if the applicant requests
a comprehensive plan map or zoning map designation other than the existing designations.
A request for a zone change may be processed concurrently with an annexation application
or after the annexation has been approved.
C. Conversion table. Table 18.720.1 summarizes the conversion of the county’s plan and
zoning designations to city designations that are most similar.
CDC TABLE 18.720.1
CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND
ZONING DESIGNATIONS
Washington County Land Use
Districts/Plan Designation City of Tigard Zoning City of Tigard
Plan Designation
R-6 Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre
CDC Table 18.720.1 summarizes conversions for City of Tigard comprehensive plan and zoning
designations that are most similar and most closely implement Washington County’s comprehensive plan
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and zoning designations. As outlined in the table above, the assignment of city designations for the subject
property will be based on these conversions, and shall occur automatically and concurrently with the
proposed annexation. Under Washington County designations, the subject site is R-6 (Residential, 5
units/acre minimum density, 6 units/acre maximum density). Upon approval of this proposed annexation, the
subject property will be R-7 (Medium-Density Residential), under City of Tigard designations.
CITY OF TIGARD COMPREHENSIVE PLAN
Goal 1.1: Provide citizens, affected agencies, and other jurisdictions the opportunity to participate
in all phases of the planning process.
The City of Tigard maintains an ongoing citizen involvement program. To ensure citizens were provided an
opportunity to be involved in all phases of the planning process, city staff issued public notices for this
proposed quasi-judicial annexation. City staff posted public hearing notices in four public places on June 25,
2018 (Tigard City Hall, Tigard Permit Center, Tigard Public Library, and at the subject site); city staff mailed
public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject
site on June 25, 2018; and the city published a public hearing notice in The Tigard Times for two successive
weeks (with publish dates on June 28 and July 5, 2018) prior to the July 16, 2018 public hearing before the
Planning Commission. Additionally, this staff report was made available to the public on June 28, 2018,
more than 15 days prior to the public hearing before Planning Commission.
Goal 11: Public Facilities and Services
As detailed in the City of Tigard Comprehensive Plan, Public Facilities and Services refer to Stormwater
Management, Water Supply and Distribution, Wastewater Management, Community Facilities, and Private
Utilities. In addition, the Comprehensive Plan’s Glossary includes public safety, parks, and transportation
under Public Facilities and Services. Staff interprets the phrase “all public facilities and services are available
to the proposed annexation area” to mean the services and facilities are currently available and adjacent to
the proposed annexation area, or in the case of stormwater and sewer services, are present in the vicinity
and can be made available to the proposed annexation area through an extension. Therefore, staff concludes
that all public facilities and services are available to the proposed annexation area, and have adequate capacity
to serve the subject site, as detailed in the findings below.
Stormwater – City of Tigard Public Works Department. The applicant is not requesting City of Tigard
stormwater services at this time. However, city stormwater infrastructure either currently exists adjacent to
the proposed annexation area, or can be extended to the subject site. The City of Tigard Public Works
Department reviewed the proposal, and determined there is adequate capacity to serve the existing property.
Water – City of Tigard Public Works Department. The property is located within the Tigard Water
Service Area. The subject site is currently served by an existing water main along SW Fern Street. The City
of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to
serve the existing property.
Sewer – City of Tigard Public Works Department. The applicant proposes to annex the subject property
in order to connect to City of Tigard sewer. This is consistent with City of Tigard Comprehensive Plan Goal
11.3, Policy 6: “The City shall require a property to be located within the City limits prior to receiving City
wastewater services.” City of Tigard sanitary infrastructure either currently exists adjacent to the proposed
annexation area, or can be extended to the subject site. The City of Tigard Public Works Department
reviewed the proposal, and determined there is adequate capacity to serve the existing property.
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Police – City of Tigard Police Department. The Washington County Sheriff’s Office currently provides
police services to the subject property. If this annexation request is approved, the site will be withdrawn
from the Enhanced Sheriff’s Patrol District, and the City of Tigard Police Department will provide public
safety services to the site. The City of Tigard Police Department reviewed the applicant’s proposal, and had
no objections.
Fire – Tualatin Valley Fire and Rescue. The subject property is located within the service area for
TVF&R. Accordingly, TVF&R currently provides fire protection and emergency medical services to the site,
which will not change with this annexation request. TVF&R reviewed the applicant’s proposal, and had no
objections.
Parks – City of Tigard Public Works Department. The applicant proposes to annex a 0.47-acre property
into the City of Tigard. Staff has reviewed the applicant’s proposal and determined that this request will not
adversely impact the city’s ability or capacity to provide for parks and recreational needs.
Streets – City of Tigard Engineering Division. The subject property directly fronts SW Fern Street,
which is currently under the city’s jurisdiction, and is classified as a neighborhood route, under the City of
Tigard Transportation System Plan. The proposed annexation will not impact the existing transportation
system. In addition, the property will be removed from the Washington County Urban Road Maintenance
District. The City of Tigard Engineering Division reviewed the applicant’s proposal, and had no objections.
Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to
receiving stormwater services.
The applicant is not requesting City of Tigard stormwater services at this time. However, city stormwater
infrastructure either currently exists adjacent to the proposed annexation area, or can be made available to
the subject site. The City of Tigard Public Works Department reviewed the proposal, and determined there
is adequate capacity to serve the existing property.
Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to
receiving wastewater services.
The applicant proposes to annex the subject property in order to connect to City of Tigard sewer. This is
consistent with the policy outlined above. City of Tigard sanitary infrastructure either currently exists
adjacent to the proposed annexation area, or can be extended to the subject site. The City of Tigard Public
Works Department reviewed the proposal, and determined there is adequate capacity to serve the existing
property.
Goal 12: To provide and encourage a safe, convenient, and economic transportation system.
The subject property directly fronts SW Fern Street, which is currently under the city’s jurisdiction, and is
classified as a neighborhood route, under the City of Tigard Transportation System Plan. The proposed
annexation will not impact the existing transportation system. In addition, the property will be removed
from the Washington County Urban Road Maintenance District. The City of Tigard Engineering Division
reviewed the applicant’s proposal, and had no objections.
Goal 14.2, Policy 1: The City shall assign a Tigard zoning district designation to annexed property
that most closely conforms to the existing Washington County zoning designation for that property.
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The applicable Tigard zoning district designation for the subject property is addressed under CDC Sections
18.720.030.B and 18.720.030.C of this report.
Goal 14.2, Policy 2: The City shall ensure capacity exists, or can be developed, to provide needed
urban level services to an area when approving annexation.
As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report , staff finds
that all urban level services are available to the proposed annexation property, and have sufficient capacity
to provide service.
Goal 14.2, Policy 3: The City shall approve proposed annexations based on findings that the request:
A. Can be accommodated by the City’s public facilities and services; and
As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds
that all City of Tigard public facilities and services are available to the proposed annexation property, and
have sufficient capacity to provide service.
B. Is consistent with applicable state statute.
As addressed later in this report, staff finds the applicable provisions of ORS 222 have been met, consistent
with this policy.
Goal 14.2, Policy 4: The City shall evaluate and may require that parcels adjacent to proposed
annexations be included to:
A. Avoid creating unincorporated islands within the City;
B. Enable public services to be efficiently and effectively extended to the entire area; or
C. Implement a concept plan or sub-area master plan that has been approved by the Planning
Commission or City Council.
The subject property (13990 SW Fern Street; WCTM 2S104BD, Tax Lot 9300) and the adjacent property
(13992 SW Fern Street; WCTM 2S104BD, Tax Lot 9400) make up an “island” of unincorporated land that
is completely surrounded by land in the City of Tigard jurisdiction. Annexation of Tax Lots 9300 and 9400
will enable public services to be efficiently and effectively extended to these properties. Accordingly, the City
of Tigard has also submitted an application for the delayed annexation of Tax Lot 9400 (Case No. ZCA2018-
00003). The annexation of both Tax Lots 9300 and 9400 will eliminate the existing unincorporated “island,”
which is consistent with the policy outlined above.
OREGON REVISED STATUTES
ORS Chapter 222 — City Boundary Changes; Mergers; Consolidations; Withdrawals
222.111 Authority and procedure for annexation.
(2) A proposal for annexation of territory to a city may be initiated by the legislative body of the
city, on its own motion, or by a petition to the legislative body of the city by owners of real
property in the territory to be annexed.
(5) The legislative body of the city shall submit, except when not required under ORS 222.120,
222.170 and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the
territory proposed for annexation and, except when permitted under ORS 222.120 or 222.840
to 222.915 to dispense with submitting the proposal for annexation to the electors of the city,
the legislative body of the city shall submit such proposal to the electors of the city. The
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proposal for annexation may be voted upon at a general election or at a special election to
be held for that purpose.
222.120 Procedure for annexation without election; hearing; ordinance subject to referendum.
(1) Except when expressly required to do so by the city charter, the legislative body of a city is
not required to submit a proposal for annexation of territory to the electors of the city for
their approval or rejection.
(2) When the legislative body of the city elects to dispense with submitting the question of the
proposed annexation to the electors of the city, the legislative body of the city shall fix a day
for a public hearing before the legislative body at which time the electors of the city may
appear and be heard on the question of annexation.
(3) The city legislative body shall cause notice of the hearing to be published once each week
for two successive weeks prior to the day of hearing, in a newspaper of general circulation
in the city, and shall cause notices of the hearing to be posted in four public places in the
city for a like period.
This application to annex the subject property (13990 SW Fern Street; WCTM 2S104BD, Tax Lot 9300) was
submitted by the property owners. Additionally, the City of Tigard Charter does not expressly require the
city to submit a proposal for annexation of territory to the electors of the city for their approval or rejection.
Therefore, an election is not required for this annexation application. However, the city is required to follow
the public hearing and public noticing requirements outlined in ORS 222.120.
Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission
(on July 16, 2018) and before City Council (on August 14, 2018). City staff published, posted, and mailed
notice of the public hearings as follows: a public hearing notice was published in The Tigard Times for two
successive weeks (with publish dates on June 28 and July 5, 2018) prior to the July 16, 2018 public hearing
before the Planning Commission; public hearing notices were posted in four public places on June 25, 2018
(Tigard City Hall, Tigard Permit Center, Tigard Public Library, and at the subject site); and public hearing
notices were mailed to all interested parties, and neighboring property owners within 500 feet of the subject
site on June 25, 2018.
SECTION V. OTHER STAFF AND AGENCY COMMENTS
The City of Tigard Engineering Division, Police Department, and Public Works Department were
sent copies of the applicant’s proposal, and had no objections.
Tualatin Valley Fire and Rescue was sent a copy of the applicant’s proposal, and had no objections.
SECTION VI. PUBLIC COMMENTS
City staff mailed public hearing notices to all interested parties, and neighboring property owners within 500
feet of the subject site on June 25, 2018. As of July 9, 2018, no public comments were received.
Attachments:
Attachment 1: Zoning Map
CHASE ANNEXATION PAGE 1 OF 12
ZCA2018-00003
Hearing Date: July 16, 2018 Time: 7:00 P.M.
STAFF REPORT TO THE
PLANNING COMMISSION
FOR THE CITY OF TIGARD, OREGON
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NAME: CHASE ANNEXATION
CASE NO: Zone Change Annexation (ZCA) ZCA2018-00003
APPLICANT: City of Tigard
13125 SW Hall Boulevard
Tigard, OR 97223
OWNERS: Eric M. and Shelley M. Chase Revocable Living Trust
13992 SW Fern Street
Tigard, OR 97223
PROPOSAL: The City of Tigard proposes a delayed annexation for one (1) parcel of land, located at
13992 SW Fern Street. The 2.38-acre site is an “island” of unincorporated land that is
completely surrounded by land in the City of Tigard jurisdiction. City Council initiated
a policy to annex all of the remaining island properties in 2017. In June and July 2017,
City Council held public hearings and approved annexations for ten islands of
unincorporated land (Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This
property was left out in 2017 and is now being annexed to complete the Council policy.
LOCATION: 13992 SW Fern Street; WCTM 2S104BD, Tax Lot 9400
COUNTY ZONE: R-6: Residential, 5 units/acre minimum density, 6 units/acre maximum density
CITY ZONE: R-7: Medium-Density Residential Zone. The R-7 zone is designed to accommodate
attached single-family homes, detached single-family homes with or without accessory
residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a
minimum lot size of 10,000 square feet. Mobile home parks are also permitted outright.
Some civic and institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA:
The approval standards for annexations are described in Community Development
Code Chapters 18.710 and 18.720, Comprehensive Plan Goal 1, Goal 11, Goal 12, and
Goal 14; Metro Code Chapter 3.09; and Oregon Revised Statutes (ORS) Chapter 222.
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SECTION II. STAFF RECOMMENDATION
Staff recommends the Planning Commission find that the proposed annexation (ZCA2018-00003) meets all
the approval criteria as identified in ORS Chapter 222, Metro Code Chapter 3.09, Community Development
Code Chapters 18.710 and 18.720, and the following Comprehensive Plan Goals and Policies: Goal 1.1; Goal
11.1, Policy 4; Goal 11.3, Policy 6; Goal 12; and Goal 14.2, Policies 1-4. Therefore, staff recommends that the
Planning Commission recommend APPROVAL of ZCA2018-00003 to City Council.
SECTION III. BACKGROUND INFORMATION
The 2.38-acre site (13992 SW Fern Street; WCTM 2S104BD, Tax Lot 9400) is located on the south side of
SW Fern Street; east of SW Ascension Drive, and west of SW 135 th Avenue. According to the Washington
County Assessment and Taxation report, the property was developed with a detached, single-family dwelling
in 1974. As defined by Washington County Land Use Districts, the subject property is R-6 (Residential, 5
units/acre minimum density, 6 units/acre maximum density). Upon approval of this proposed annexation, the
subject property will be zoned R-7 (Medium-Density Residential), under City of Tigard designations.
The subject property and the adjacent property (13990 SW Fern Street; WCTM 2S104BD, Tax Lot 9300)
make up an “island” of unincorporated land that is completely surrounded by land in the City of Tigard
jurisdiction. City Council initiated a policy to annex all of the remaining island properties in 2017. In June and
July 2017, City Council held public hearings and approved annexations for ten islands of unincorporated land
(Ordinance Nos. 2017-07 to 2017-15, and 2017-17). This property was left out in 2017 and is now being
annexed to complete the Council policy.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
City: Community Development Code Chapters 18.710 and 18.720; Comprehensive Plan Goal
1.1; Goal 11.1 (Policy 4), and Goal 11.3 (Policy 6), Goal 12, Goal 14.2 (Policies 1-4).
Regional Metro Code Chapter 3.09
State: ORS Chapter 222
CITY OF TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18)
Chapter 18.710 Land Use Review Procedures
18.710.080 Type III-Modified Procedure
A quasi-judicial annexation is processed through a Type III-Modified Procedure, as governed by Chapter
18.710 of the Community Development Code of the City of Tigard (CDC), using the approval criteria
contained in CDC 18.720.030. City Council will make a decision on this application, with a recommendation
from Planning Commission. Additionally, CDC 18.710 requires two public hearings: one before Planning
Commission (on July 16, 2018), and one before City Council (on August 14, 2018). City staff followed public
noticing requirements, in accordance with CDC Sections 18.710.070 and 18.710.080, Metro Code Chapter
3.09, and ORS Chapter 222. City staff posted public hearing notices in four public places on June 25, 2018
(Tigard City Hall, Tigard Permit Center, Tigard Public Library, and at the subject site); city staff mailed public
hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject site
on June 25, 2018; and the city published a public hearing notice in The Tigard Times for two successive
weeks (with publish dates on June 28 and July 5, 2018) prior to the July 16, 2018 public hearing before the
Planning Commission.
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Chapter 18.720 Annexations
18.720.020 Approval Process
A. Quasi-judicial annexations shall be processed through a Type III-Modified procedure, as
provided in Section 18.710.080, using the criteria in Section 18.720.030. Quasi-judicial
annexations shall be decided by the city council with a recommendation by planning
commission.
This application is for a quasi-judicial annexation, and is being processed through a Type III-Modified
Procedure, as governed by CDC 18.710, using the approval criteria contained in CDC 18.720.030. City
Council will make a decision on this application, following a recommendation from Planning Commission.
18.720.030 Approval Criteria
A. Approval Criteria. The approval authority shall approve or approve with modification an
annexation application when all of the following are met:
1. The annexation complies with Metro Code 3.09; and
As demonstrated through the findings in this staff report, this proposed quasi -judicial annexation is in
compliance with Metro Code Chapter 3.09. The specific sections of Metro Code Chapter 3.09 that apply to
this application are addressed individually below.
METRO CODE CHAPTER 3.09 LOCAL GOVERNMENT BOUNDARY CHANGES
3.09.030 Notice Requirements
A. The notice requirements in this section apply to all boundary change decisions by a reviewing
entity except expedited decisions made pursuant to section 3.09.045. These requirements apply
in addition to, and do not supersede, applicable requirements of ORS Chapters 197,198, 221 and
222 and any city or county charter provision on boundary changes.
B. Within 45 days after a reviewing entity determines that a petition is complete, the entity shall
set a time for deliberations on a boundary change. The reviewing entity shall give notice of its
proposed deliberations by mailing notice to all necessary parties, by weatherproof posting of
the notice in the general vicinity of the affected territory, and by publishing notice in a
newspaper of general circulation in the affected territory. Notice shall be mailed and posted at
least 20 days prior to the date of deliberations. Notice shall be published as required by state
law.
C. The notice required by subsection (B) shall:
1. Describe the affected territory in a manner that allows certainty;
2. State the date, time and place where the reviewing entity will consider the boundary
change; and
3. State the means by which any person may obtain a copy of the reviewing entity's report
on the proposal.
This proposed annexation is considered a boundary change decision by a reviewing entity, and will not be
processed as an expedited decision; therefore, these notice requirements apply. City staff determined this
application was complete on June 11, 2018. Public hearings for deliberations on this proposed boundary
change were scheduled before Planning Commission (on July 16, 2018) and before City Council (on August
14, 2018). City staff posted public hearing notices in four public places on June 25, 2018 (Tigard City Hall,
Tigard Permit Center, Tigard Public Library, and at the subject site); city staff mailed public hearing notices to
all interested parties, and neighboring property owners within 500 feet of the subject site on June 25, 2018;
and the city published a public hearing notice in The Tigard Times for two successive weeks (with publish
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dates on June 28 and July 5, 2018) prior to the July 16, 2018 public hearing before the Planning Commission.
3.09.045 Expedited Decisions
This proposed annexation is not being processed as an expedited decision, but Metro Code 3.09.050.D
requires that the standards in Sections 3.09.045.D and 3.09.045.E be addressed.
D. To approve a boundary change through an expedited process, the city shall:
1. Find that the change is consistent with expressly applicable provisions in:
a. Any applicable urban service agreement adopted pursuant to ORS 195.065;
The Tigard Urban Service Agreement is between the City of Tigard, Washington County, Metro, and the
service districts for water, sewer, public safety, parks, and transportation. The agreement outlines the role,
provision, area, and planning/coordination responsibilities for service providers operating in the Tigard
Urban Services Area. As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of
this report, staff finds that all urban services are available to the proposed annexation property, and have
sufficient capacity to provide service.
The Urban Planning Area Agreement between the City of Tigard and Washington County provides
coordination of comprehensive planning and development, defines the area of interest, and includes policies
with respect to the active planning area and annexation. The applicable annexation policies include the
assignment of comprehensive plan and zoning designations addressed later in this report, and
acknowledgements that the city is the ultimate service provider of urban services within the Tigard Urban
Service Area.
b. Any applicable annexation plan adopted pursuant to ORS 195.205;
There is no adopted annexation plan associated with this proposal. Therefore, this provision does not apply.
c. Any applicable cooperative planning agreement adopted pursuant to ORS
195.020(2) between the affected entity and a necessary party;
ORS 195.020(2) speaks to cooperative agreements between counties or Metro with each special district that
provides an urban service within the boundaries of the county or the metropolitan district. Examples of
special districts include those for utilities, police, fire, and schools. Upon approval of this proposed
annexation, the City of Tigard will provide sewer and stormwater services to the site; the City of Tigard
Police Department will provide public safety services, instead of the Washington County Sheriff’s Office;
and the subject site will be removed from the Washington County Urban Road Maintenance District. City
of Tigard will continue to provide water services to the site, and Tualatin Valley Fire and Rescue (TVF&R)
will continue to provide fire protection and emergency medical services to the site.
d. Any applicable public facility plan adopted pursuant to a statewide planning goal
on public facilities and services;
The City of Tigard Public Facility Plan was adopted in 1991, in compliance with Statewide Planning Goals
and Guidelines, and Oregon Administrative Rules Chapter 660, Division 11. The city makes appropriate
updates to the Public Facility Plan on a regular basis as part of the Periodic Review process as required by
Oregon Administrative Rules Chapter 660, Division 25. As addressed under Comprehensive Plan, Goal 11:
Public Facilities and Services of this report, staff finds the proposed annexation is consistent with the
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applicable provisions of the City of Tigard Public Facility Plan.
e. Any applicable comprehensive plan;
This proposed quasi-judicial annexation is in compliance with the City of Tigard Comprehensive Plan. The
specific sections of the Comprehensive Plan that apply to this application will be addressed later in this
report.
f. Any applicable concept plan; and
There is no applicable concept plan associated with this proposal. Therefore, this provision does not apply.
2. Consider whether the boundary change would:
a. Promote the timely, orderly and economic provision of public facilities and
services;
b. Affect the quality and quantity of urban services; and
c. Eliminate or avoid unnecessary duplication of facilities or services.
As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report , staff finds
that all public facilities and services are available to the proposed annexation property, and have sufficient
capacity to provide service. Upon approval of this proposed annexation, the City of Tigard will provide
sewer and stormwater services to the site; the City of Tigard Police Department will provide public safety
services, instead of the Washington County Sheriff’s Office; and the subject site will be removed from the
Washington County Urban Road Maintenance District. City of Tigard will continue to provide water services
to the site, and TVF&R will continue to provide fire protection and emergency medical services to the site.
The proposed annexation will not adversely impact levels of service within the City of Tigard.
E. A city may not annex territory that lies outside the UGB, except it may annex a lot or parcel that
lies partially within and outside the UGB.
The subject site is not located outside the UGB. Therefore, this provision does not apply.
3.09.050 Hearing and Decision Requirements for Decisions Other Than Expedited Decisions
A. The following requirements for hearings on petitions operate in addition to requirements for
boundary changes in ORS Chapters 198, 221 and 222 and the reviewing entity's charter,
ordinances or resolutions.
B. Not later than 15 days prior to the date set for a hearing the reviewing entity shall make available
to the public a report that addresses the criteria identified in subsection (D) and includes the
following information:
This staff report was made available to the public on June 28, 2018, more than 15 days prior to the public
hearing before Planning Commission.
1. The extent to which urban services are available to serve the affected territory, including
any extra territorial extensions of service;
As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report , staff finds
that all public facilities and services are available to the proposed annexation property, and have sufficient
capacity to provide service.
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2. Whether the proposed boundary change will result in the withdrawal of the affected
territory from the legal boundary of any necessary party; and
The proposed annexation area will remain within Washington County, but will be withdrawn from the
Washington County Enhanced Sheriff’s Patrol District, and the Washington County Urban Road
Maintenance District upon completion of this annexation request.
3. The proposed effective date of the boundary change.
A public hearing regarding this annexation request will take place before Tigard City Council on August 14,
2018. Council will make a decision on this application, with a recommendation from Planning Commission.
If Council adopts findings to approve Case No. ZCA2018-00003, the effective date of this annexation will
be three years after the effective date of the approving ordinance, as outlined in ORS 222.750(5).
C. The person or entity proposing the boundary change has the burden to demonstrate that the
proposed boundary change meets the applicable criteria.
The proposed boundary change meets the applicable criteria, as demonstrated through the findings in this
staff report.
D. To approve a boundary change, the reviewing entity shall apply the criteria and consider the
factors set forth in subsections (D) and (E) of section 3.09.045.
The factors set forth in Metro Code Sections 3.09.045.D and 3.09.045.E have been previously addressed in
this report.
(CDC 18.720.030 Continued)
A.2. The annexation is in the city’s best interest.
As addressed under Metro Code Section 3.09.045.D.2 of this staff report, this proposed annexation will help
to promote the timely, orderly and economic provision of City of Tigard public facilities and services, and
eliminate or avoid unnecessary duplication of facilities or services. Accordingly, staff finds this proposed
annexation is in the city’s best interest.
B. Assignment of comprehensive plan and zoning designations. The comprehensive plan
designation and the zoning designation placed on the property shall be the city’s base
zone that most closely implements the city’s or county’s comprehensive plan map
designation. The assignment of these designations shall occur automatically and
concurrently with the annexation. In the case of land that carries county designations, the city
shall convert the county’s comprehensive plan map and zoning designations to the city
designations that are the most similar. A zone change is required if the applicant requests
a comprehensive plan map or zoning map designation other than the existing designations.
A request for a zone change may be processed concurrently with an annexation application
or after the annexation has been approved.
C. Conversion table. Table 18.720.1 summarizes the conversion of the county’s plan and
zoning designations to city designations that are most similar.
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CDC TABLE 18.720.1
CONVERSION TABLE FOR COUNTY AND CITY COMPREHENSIVE PLAN AND
ZONING DESIGNATIONS
Washington County Land Use
Districts/Plan Designation City of Tigard Zoning City of Tigard
Plan Designation
R-6 Res. 6 units/acre R-7 SFR 5,000 sq. ft. Med. density 6-12 units/acre
CDC Table 18.720.1 summarizes conversions for City of Tigard comprehensive plan and zoning
designations that are most similar and most closely implement Washington County’s comprehensive plan
and zoning designations. As outlined in the table above, the assignment of city designations for the subject
property will be based on these conversions, and shall occur automatically and concurrently with the
proposed annexation. Under Washington County designations, the subject site is R-6 (Residential, 5
units/acre minimum density, 6 units/acre maximum density). Upon approval of this proposed annexation, the
subject property will be R-7 (Medium-Density Residential), under City of Tigard designations.
CITY OF TIGARD COMPREHENSIVE PLAN
Goal 1.1: Provide citizens, affected agencies, and other jurisdictions the opportunity to participate
in all phases of the planning process.
The City of Tigard maintains an ongoing citizen involvement program. To ensure citizens were provided an
opportunity to be involved in all phases of the planning process, city staff issued public notices for this
proposed quasi-judicial annexation. City staff posted public hearing notices in four public places on June 25,
2018 (Tigard City Hall, Tigard Permit Center, Tigard Public Library, and at the subject site); city staff mailed
public hearing notices to all interested parties, and neighboring property owners within 500 feet of the subject
site on June 25, 2018; and the city published a public hearing notice in The Tigard Times for two successive
weeks (with publish dates on June 28 and July 5, 2018) prior to the July 16, 2018 public hearing before the
Planning Commission. Additionally, this staff report was made available to the public on June 28, 2018,
more than 15 days prior to the public hearing before Planning Commission.
Goal 11: Public Facilities and Services
As detailed in the City of Tigard Comprehensive Plan, Public Facilities and Services refer to Stormwater
Management, Water Supply and Distribution, Wastewater Management, Community Facilities, and Private
Utilities. In addition, the Comprehensive Plan’s Glossary includes public safety, parks, and transportation
under Public Facilities and Services. Staff interprets the phrase “all public facilities and services are available
to the proposed annexation area” to mean the services and facilities are currently available and adjacent to
the proposed annexation area, or in the case of stormwater and sewer services, are present in the vicinity
and can be made available to the proposed annexation area through an extension. Therefore, staff concludes
that all public facilities and services are available to the proposed annexation area, and have adequate capacity
to serve the subject site, as detailed in the findings below.
Stormwater – City of Tigard Public Works Department. City stormwater infrastructure either currently
exists adjacent to the proposed annexation area, or can be extended to the subject site. The City of Tigard
Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the
existing property.
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Water – City of Tigard Public Works Department. The property is located within the Tigard Water
Service Area. The subject site is currently served by an existing water main along SW Fern Street. The City
of Tigard Public Works Department reviewed the proposal, and determined there is adequate capacity to
serve the existing property.
Sewer – City of Tigard Public Works Department. City of Tigard sanitary infrastructure either currently
exists adjacent to the proposed annexation area, or can be extended to the subject site. The City of Tigard
Public Works Department reviewed the proposal, and determined there is adequate capacity to serve the
existing property.
Police – City of Tigard Police Department. The Washington County Sheriff’s Office currently provides
police services to the subject property. If this annexation request is approved, the site will be withdrawn
from the Enhanced Sheriff’s Patrol District, and the City of Tigard Police Department will provide public
safety services to the site. The City of Tigard Police Department reviewed the applicant’s proposal, and had
no objections.
Fire – Tualatin Valley Fire and Rescue. The subject property is located within the service area for
TVF&R. Accordingly, TVF&R currently provides fire protection and emergency medical services to the site,
which will not change with this annexation request. TVF&R reviewed the applicant’s proposal, and had no
objections.
Parks – City of Tigard Public Works Department. This proposal is to annex a 2.38-acre “island” of
unincorporated land that is completely surrounded by land in the City of Tigard jurisdiction. Staff has
reviewed the applicant’s proposal and determined that this request will not adversely impact the city’s ability
or capacity to provide for parks and recreational needs.
Streets – City of Tigard Engineering Division. The subject property connects to SW Fern Street via an
existing 50-foot-wide accessway. SW Fern Street is classified as a neighborhood route, under the City of
Tigard Transportation System Plan. The proposed annexation will not impact the existing transportation
system. In addition, the property will be removed from the Washington County Urban Road Maintenance
District. The City of Tigard Engineering Division reviewed the applicant’s proposal, and had no objections.
Goal 11.1, Policy 4: The City shall require a property to be located within the City limits prior to
receiving stormwater services.
City stormwater infrastructure either currently exists adjacent to the proposed annexation area, or can be
made available to the subject site. The City of Tigard Public Works Department reviewed the proposal, and
determined there is adequate capacity to serve the existing property.
Goal 11.3, Policy 6: The City shall require a property to be located within the City limits prior to
receiving wastewater services.
City of Tigard sanitary infrastructure either currently exists adjacent to the proposed annexation area, or can
be extended to the subject site. The City of Tigard Public Works Department reviewed the proposal, and
determined there is adequate capacity to serve the existing property.
Goal 12: To provide and encourage a safe, convenient, and economic transportation system.
The subject property connects to SW Fern Street via an existing 50-foot-wide accessway. SW Fern Street is
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classified as a neighborhood route, under the City of Tigard Transportation System Plan. The proposed
annexation will not impact the existing transportation system. In addition, the property will be removed
from the Washington County Urban Road Maintenance District. The City of Tigard Engineering Division
reviewed the applicant’s proposal, and had no objections.
Goal 14.2, Policy 1: The City shall assign a Tigard zoning district designation to annexed property
that most closely conforms to the existing Washington County zoning designation for that property.
The applicable Tigard zoning district designation for the subject property is addressed under CDC Sections
18.720.030.B and 18.720.030.C of this report.
Goal 14.2, Policy 2: The City shall ensure capacity exists, or can be developed, to provide needed
urban level services to an area when approving annexation.
As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report, staff finds
that all urban level services are available to the proposed annexation property, and have sufficient capacity
to provide service.
Goal 14.2, Policy 3: The City shall approve proposed annexations based on findings that the request:
A. Can be accommodated by the City’s public facilities and services; and
As addressed under Comprehensive Plan, Goal 11: Public Facilities and Services of this report , staff finds
that all City of Tigard public facilities and services are available to the proposed annexation property, and
have sufficient capacity to provide service.
B. Is consistent with applicable state statute.
As addressed later in this report, staff finds the applicable provisions of ORS 222 have been met, consistent
with this policy.
Goal 14.2, Policy 4: The City shall evaluate and may require that parcels adjacent to proposed
annexations be included to:
A. Avoid creating unincorporated islands within the City;
B. Enable public services to be efficiently and effectively extended to the entire area; or
C. Implement a concept plan or sub-area master plan that has been approved by the Planning
Commission or City Council.
The subject property (13992 SW Fern Street; WCTM 2S104BD, Tax Lot 9400) and the adjacent property
(13990 SW Fern Street; WCTM 2S104BD, Tax Lot 9300) make up an “island” of unincorporated land that
is completely surrounded by land in the City of Tigard jurisdiction. The property owners of Tax Lot 9300
have also submitted a request to annex in order to connect to city sewer. Annexation of Tax Lots 9300 and
9400 will enable public services to be efficiently and effectively extended to these properties. The annexation
of both Tax Lots 9300 and 9400 will eliminate the existing unincorporated “island,” which is consistent with
the policy outlined above.
OREGON REVISED STATUTES
ORS Chapter 222 — City Boundary Changes; Mergers; Consolidations; Withdrawals
222.111 Authority and procedure for annexation.
(2) A proposal for annexation of territory to a city may be initiated by the legislative body of the
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city, on its own motion, or by a petition to the legislative body of the city by owners of real
property in the territory to be annexed.
(5) The legislative body of the city shall submit, except when not required under ORS 222.120,
222.170 and 222.840 to 222.915 to do so, the proposal for annexation to the electors of the
territory proposed for annexation and, except when permitted under ORS 222.120 or 222.840
to 222.915 to dispense with submitting the proposal for annexation to the electors of the city,
the legislative body of the city shall submit such proposal to the electors of the city. The
proposal for annexation may be voted upon at a general election or at a special election to
be held for that purpose.
222.120 Procedure for annexation without election; hearing; ordinance subject to referendum.
(1) Except when expressly required to do so by the city charter, the legislative body of a city is
not required to submit a proposal for annexation of territory to the electors of the city for
their approval or rejection.
(2) When the legislative body of the city elects to dispense with submitting the question of the
proposed annexation to the electors of the city, the legislative body of the city shall fix a day
for a public hearing before the legislative body at which time the electors of the city may
appear and be heard on the question of annexation.
(3) The city legislative body shall cause notice of the hearing to be published once each week
for two successive weeks prior to the day of hearing, in a newspaper of general circulation
in the city, and shall cause notices of the hearing to be posted in four public places in the
city for a like period.
The City of Tigard has initiated this application to annex the subject property (13992 SW Fern Street; WCTM
2S104BD, Tax Lot 9400). The City of Tigard Charter does not expressly require the city to submit a proposal
for annexation of territory to the electors of the city for their approval or rejection. Therefore, an election is
not required for this annexation application. However, the city is required to follow the public hearing and
public noticing requirements outlined in ORS 222.120.
Public hearings for deliberations on this proposed annexation were scheduled before Planning Commission
(on July 16, 2018) and before City Council (on August 14, 2018). City staff published, posted, and mailed
notice of the public hearings as follows: a public hearing notice was published in The Tigard Times for two
successive weeks (with publish dates on June 28 and July 5, 2018) prior to the July 16, 2018 public hearing
before the Planning Commission; public hearing notices were posted in four public places on June 25, 2018
(Tigard City Hall, Tigard Permit Center, Tigard Public Library, and at the subject site); and public hearing
notices were mailed to all interested parties, and neighboring property owners within 500 feet of the subject
site on June 25, 2018.
222.750 Annexation of unincorporated territory surrounded by city.
(2) When territory not within a city is surrounded by the corporate boundaries of the city, or by
the corporate boundaries of the city and the ocean shore, a river, a creek, a bay, a lake or
Interstate Highway 5, the city may annex the territory pursuant to this section after holding
at least one public hearing on the subject for which notice has been mailed to each record
owner of real property in the territory proposed to be annexed.
(4) Unless otherwise required by its charter, annexation by a city under this section must be by
ordinance or resolution subject to referendum, with or without the consent of any owner of
real property within the territory or resident in the territory.
(5) For property that is zoned for, and in, residential use when annexation is initiated by the city
under this section, the city shall specify an effective date for the annexation that is at least
three years and not more than 10 years after the date the city proclaims the annexation
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approved. The city recorder or other officer performing the duties of the city recorder shall:
(a) Cause notice of the delayed annexation to be recorded by the county clerk of the
county in which any part of the territory subject to delayed annexation is located
within 60 days after the city proclaims the annexation approved; and
(b) Notify the county clerk of each county in which any part of the territory subject to
delayed annexation is located not sooner than 120 days and not later than 90 days
before the annexation takes effect.
The subject property is an “island” of unincorporated land that is completely surrounded by land in the City
of Tigard jurisdiction. Accordingly, the City of Tigard has initiated this application to annex the subject
property (Case No. ZCA2018-00003). Additionally, city staff has scheduled two public hearings for
deliberations on this proposed annexation: one before Planning Commission on July 16, 2018, and one
before City Council on August 14, 2018. Council will make a decision on this application, with a
recommendation from Planning Commission. If Council adopts findings to approve Case No. ZCA2018-
00003, the effective date of this annexation will be three years after the effective date of the approving
ordinance. Furthermore, city staff will record notice of the delayed annexation with the Washington County
Assessment and Taxation Department, Recording Division within 60 days after City Council approves this
application, and will notify the county between 120 days to 90 days before the annexation takes effect.
SECTION V. OTHER STAFF AND AGENCY COMMENTS
The City of Tigard Engineering Division, Police Department, and Public Works Department were
sent copies of the applicant’s proposal, and had no objections.
Tualatin Valley Fire and Rescue was sent a copy of the applicant’s proposal, and had no objections.
SECTION VI. PUBLIC COMMENTS
City staff mailed public hearing notices to all interested parties, and neighboring property owners within 500
feet of the subject site on June 25, 2018. As of July 9, 2018, no public comments were received.
Attachments:
Attachment 1: Zoning Map
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7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION
Agenda Item: 7
Hearing Date: July 16, 2018 Time: 7:00PM
STAFF REPORT TO THE
PLANNNG COMMISSION
FOR THE CITY OF TIGARD, OREGON
120 DAYS = 09/13/2018
SECTION I. APPLICATION SUMMARY
FILE NAME: TRILLIUM HILL SUBDIVISION
CASE NO.: ZONE CHANGE ZON2018-00002
SUBDIVISION SUB2018-00003
PROPOSAL: The applicant is requesting approval for a zone change from R-3.5 to R-4.5 and a 14-lot
subdivision, located at 15050 and 15100 SW 109th Avenue. Proposed lots will range in size from
7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion
Drive west to provide a connection to SW 109th Avenue and create a new private street (Tierra
Terrace), which connects to SW Lady Marion Drive.
APPLICANT: Paceling Holding, LLC
Attn: Rick Perry
15685 SW 116th Avenue, Suite 205
Tigard, OR 97224
OWNER: Shawn and Mike Hagel
12780 SW Fielding Road
Lake Oswego, OR 97034
APPLICANT’S
REP.:
Pioneer Design Group
Wayne Hayson
9020 SW Washington Square Drive
Suite 170
Portland, OR 97223
LOCATION: 15050 and 15100 SW 109th Avenue; WCTM 2S110DA Tax Lots 00300 and 00400
COMPREHENSIVE
PLAN
DESIGNATION: Low-Density Residential
EXISTING
ZONE: R-3.5: low-density residential zone. The R-3.5 zone is designed to accommodate detached single-
family homes with or without accessory dwelling units at a minimum lot size of 10,000 square
feet. Duplexes are permitted conditionally. Some civic and institutional uses are permitted
conditionally.
PROPOSED
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
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7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION
conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.110, 18.310, 18.320, 18.520, 18.710, 18.795,
18.830, 18.910, 18.920 and 18.930.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission find that the proposed Zone Change and Subdivision will not
adversely affect the health, safety, and welfare of the City and meets the applicable approval criteria as outlined in this
report. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval:
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO PERMIT SUBMITTAL:
1. Prior to permit submittal, submit an Autocad file of the preliminary plat for the review of street names and
assignment of addresses and pay address fee. Contact Oscar Contreras at 503-718-2678 for the submission of
the Autocad file. The address fee shall be assessed in accordance with the current Master Fee Schedule.
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:
2. 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.
3. 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 39 open grown trees and one stand.
4. 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 39 open grown
trees and one stand.
5. 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
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7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION
submittal the required information is found:
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 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 Codes, Municipal Codes
Tualatin Valley Fire and Rescue (TVF&R) Fire Codes
Other applicable County, State, and Federal Codes and Standard Guidelines
7. 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.
8. 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).
9. Prior to commencing site improvements, submit the exact legal name, address and telephone number of the
individual or corporate entity who will be designated as the “Permittee”, and who will provide the financial
assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership,
LLC, etc. Also, specify the state within which the entity is incorporated and provide the name of the corporate
contact person. Failure to provide accurate information will delay processing of project documents.
10. 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 includes
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
development.
11. Prior to commencing site improvements, provide a photometric analysis for review and approval. New LED
streetlights are required based on the photometric analysis; the applicant shall submit plans showing the location
of streetlights and type and color of poles and light fixtures for review and approval.
12. Prior to commencing site improvements, submit plans showing the following items for review and approval:
SW 109th Avenue shall include and shall be shown to have:
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7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION
30-foot from centerline right-of-way dedication
18-foot from centerline asphalt concrete pavement including 6-foot bike lane meeting City of Tigard
Neighborhood Route cross section
Curb and gutter
5-foot planter
5-foot concrete sidewalk
8-foot Public Utility Easement
Driveway approach
Street trees in the planter strip spaced per TDC requirements
Streetlights as recommended from the approved photometric analysis
Storm drainage improvement meeting CWS Design and Construction Standards
Underground utilities
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
Intersection radii meeting the City of Tigard Standards
Intersection curb ramp meeting the Public Right-of-way Accessibility Guidelines (PROWAG)
Pavement taper meeting the City of Tigard Standards
Street striping meeting MTUCD, ODOT and the City of Tigard Standards
SW Marion Drive shall include and shall be shown to have:
54-foot right-of-way dedication
32-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
Street trees in the planter strip spaced per TDC requirements
Streetlights as recommended from the approved photometric analysis
Residential driveway approaches
Storm drainage improvement meeting CWS Design and Construction Standards
Underground utilities
Curb radii meeting the City of Tigard Standards
Street signs, names and traffic control devices meeting the MUTCD and the City of Tigard Standards
Street profile and center line radius meeting the City of Tigard Standards
Private Street (Tierra Terrace) shall include and shall be shown to have:
26-foot asphalt concrete pavement
5-foot sidewalk on both sides of the street
Streetlights as recommended from the approved photometric analysis
Storm drainage improvement meeting CWS Design and Construction Standards
Underground utilities
Street signs, names
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Street profile and turnout meeting the City of Tigard Standards and TVF&R
13. Prior to commencing site improvements, mailbox locations shall be submitted for review and approval.
14. 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.
15. 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 the plans to CWS after preliminary review.
16. 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.
17. 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.
18. Prior to commencing site improvements, provide written approval from TVF&R for fire flow, hydrant
placement, and emergency vehicular access and turn around.
19. Prior to commencing site improvements, provide as part of the PFI Permit an erosion control plan. The plan
shall conform to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual” (current
edition).
20. Prior to commencing site improvements, submit a final grading plan 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.
21. 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.
22. Prior to commencing site improvements, submit Autocad file of the construction plan to the City for GIS
purposes.
23. Prior to commencing site improvements, pay a fee in lieu of undergrounding the existing overhead utilities
located across the right-of-way along the development frontage on SW 109th Avenue. The fee in lieu shall be
one-half of the total fee as calculated in accordance to the City of Tigard July 1, 2018 Fees and Charges
Schedule.
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
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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:
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. Submit a check in the amount of the current final plat review fee (Contact Planner on Duty, at 503-718-2421).
31. Prior to final plat approval, submit the Final Sight Distance Certification indicating that sight distances are
adequately provided at the intersection of SW Lady Marion Drive and SW 109th Avenue.
32. Prior to final plat approval, provide Autocad files of the as-built drawings
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.
18.830.080 Bond:
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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
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
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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 3.29-acre site is made up of two tax lots (WCTM 2S110DA, Tax Lots 300, and 400), located north of SW Kable
Street, east of SW 109th Avenue, and west of SW 107th Terrace at the terminus of SW Lady Marion Place. Proposed lots
will range in size from 7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion
Drive west to provide a connection to SW 109th Avenue and create a new private street (Tierra Terrace), which connects
to SW Lady Marion Drive. The site is zoned Low-Density Residential (R-3.5) as are adjacent properties to the south and
east. Adjacent properties to the north and west are zoned Medium-Density Residential (R-12). The proposal includes a
zone change from R-3.5 to R-4.5.
Property History
A pre-application conference was held in 2009 (PRE2009-00020) for a 13-lot subdivision. No other 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 Notices of Public Hearing regarding this zone change and subdivision to affected parties on June 21, 2018.
The city received five public comments. Ms. Kristen Larsen sent an email on July 3, 2018, stating that she did not receive
the mailed notice and had concerns about water runoff, connecting sidewalks, and tree removal. Ms. Lynn Walker sent
an email on July 4, 2018 and submitted a written letter on July 5, 2018, stating concerns about traffic, stability of the
adjacent hillside, and traffic signage for safety. Mr. and Mrs. Allan and Patricia Rumbaugh, Mr. and Mrs. Ross, and Debbie
Rieke expressed concerns about the street design related to connectivity and general impacts of the rezone on existing
neighborhoods. No other public comments were received at the time this staff report was written.
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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:
Applicable Land Use Applications
18.795 Map and Text Amendments
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 Plan
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
18.795 Map and Text Amendments
18.795.030 Quasi-Judicial Amendments
A. Approval process.
1. Quasi-judicial zoning map amendments that do not require a comprehensive plan map
amendment shall be processed through a Type III-PC procedure, as provided in Section
18.710.070.
2. Quasi-judicial comprehensive plan map amendments shall be processed through a Type III-
Modified procedure, as provided in Section 18.710.080, which shall be decided by the city council
with a recommendation by planning commission.
3. Quasi-judicial zoning map amendments that require a comprehensive map plan amendment
shall be processed through a Type III-Modified procedure, as provided in Section 18.710.080,
which shall be decided by the city council with a recommendation by planning commission.
The applicant is requesting a concurrent review for a zone change and subdivision approval. The proposal includes a
zone change from R-3.5 to R-4.5, which does not require a comprehensive plan amendment. The comprehensive
plan designation will remain the same, Low Density Residential. Therefore, the Type III-PC procedure applies.
B. Approval criteria. A recommendation or decision for a quasi-judicial zoning map amendment or
quasi-judicial comprehensive plan amendment shall be based on the following:
1. Demonstration of compliance with all applicable comprehensive plan policies and map
designations; and
The applicant is proposing a zone change from R-3.5 to R-4.5. Both zones are within the low-density residential
comprehensive plan designation, therefore, the property will continue to comply with the applicable comprehensive
plan policies and the existing comprehensive plan map designation. This criterion is met.
2. Demonstration that adequate public services exist to serve the property at the intensity of
proposed zoning. Factors to consider include the projected service demands of the property, the
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ability of the existing and proposed public services to accommodate the future use, and the
characteristics of the property and development proposal, if any.
The proposed development will result in increased demand on public facilities, however, with the proposed localized
improvements to water, sanitary sewer, and storm drainage systems, street improvements and payment of System
Development Charges (SDCs), the site will be adequately served by public facilities.
The proposal includes extending a new water line from an existing line in SW Lady Marion Drive to connect to SW 109th
Drive and installation of required fire hydrants as determined by TVF&R. Sanitary sewer will also be extended from
existing lines in SW 109th Ave and SW Lady Marion Drive. Stormwater will be collected via storm pipes and catch basins
within the new public and private streets. The stormwater will be conveyed to a stormwater facility (Tract B) before
discharging into the city’s system. Other utilities will be provided to the site through underground lines at the time of
building construction. The development will extend SW Lady Marion Drive to the west to connect to SW 109th Avenue,
providing curb, gutter, sidewalk and planter strip. As described above, through the proposed improvements to the public
systems and payment of SDCs, the development will be adequately serviced by public services.
FINDING: Based on the analysis above, all of the applicable map and text amendments criteria have been fully met.
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 7,645 square feet. Four (4) of the proposed lots (Lots 1, 6, 7, and 10) 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 report, and through the
imposition of conditions of approval. All necessary conditions must be satisfied as part of the development and building
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process. This criterion is met.
2. In addition to the base zone regulations, the proposed lots shall meet the following:
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, “Trillium Hill” has been reserved.
Additionally, the applicant submitted a Subdivision Plat Naming form that was approved by the Washington County
Surveyor’s Office on April 11, 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 Lady Marion Drive, which will connect to SW 109th Avenue. A
dedication will be provided along SW 109th Avenue and the street will be improved in compliance with city standards.
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 Chapter 18.910, Improvement Standards of this report. 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.
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18.110.040 Densities
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 fourteen lots. The gross site area is 143,506 square feet and after the required right-of-
way dedication and private street (31,294 square feet), the net development area is 112,212 square feet. The site does not
have any sensitive lands or lands dedicated for parks. The maximum density is fourteen lots (112,212 / 7,500 = 14.9) and
the minimum density is eleven lots (14.9 x 0.8 = 11.9). 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.
7,218 sq. ft. to
8,481 sq. ft.
Minimum Lot Width
- Detached unit
50 ft.
55 ft. to 90 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.
N/A
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 7,645 square feet. Four (4) of the proposed lots (Lots 1, 6, 7, and 10) are below
the minimum lot size requirement of 7,500 square feet, but are not less than 80 percent of the minimum, which meets
the provision outlined in TDC 18.930.020.D. 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
55 feet, and the widest lot has an average lot width of approximately 90 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.
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.
TDC Table 18.765.2 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. Accordingly, compliance with this standard will be confirmed during the
building permit submittal process for all future development. This standard is 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.
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)
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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 administrative 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 1,102 feet; therefore, the site is required to have a minimum
of 28 street trees (1,102 feet divided by 40 feet, rounded to the nearest whole number). The applicant provided a tree
canopy site plan that shows 39 new street trees will be planted at this site. Furthermore, the project arborist (Morgan
Holen & Associates, LLC) submitted an Urban Forestry Plan Supplemental Report, which describes how the street trees
will be maintained according to the Street Tree Planting Standards and Street Tree Soil Volume Standards that are outlined
in the Urban Forestry Manual. These standards are met.
18.520 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 III Zone Change and Type II Subdivision. Accordingly, the requirements of TDC 18.5200
Urban Forestry apply.
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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 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, Morgan Holen & Associates, LLC. 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 40.4 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 added for
the applicant to provide a tree establishment bond that meets the requirements of the Urban Forestry Manual Section 11,
Part 2. This standard will be met through conditions of approval.
D. Urban forest inventory. Spatial and species specific data shall be collected according to the urban
forestry inventory requirements in the Urban Forestry Manual for each open grown tree and area of
stand grown trees in the tree canopy site plan 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 through
conditions of approval.
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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 a 14-lot subdivision adjacent to SW 109th Avenue and SW Lady Marion Drive. SW 109th Avenue is
a Neighborhood Route and SW Lady Marion Drive is a Local Street. They are both existing public streets.
The site plans show that the rights-of-ways of both SW 109th Avenue and SW Lady Marion Drive meet the City of Tigard
Neighborhood Route and Local Street cross sections at 60 feet and 54 feet respectively. A right-of-way dedication of 10
feet is proposed along the development frontage on SW 109th Avenue and a full 54-foot right-of-way dedication is
proposed for the street extension through the site connecting existing SW Lady Marion Drive to SW 109th Avenue.
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 Lady Marion Drive and half-street improvements on SW 109th Avenue. All the streets are
shown to have two-way travel lanes, curb and gutter, five-foot sidewalk and five-foot planter. Bike lane will be provided
on SW 109th Avenue and on street parking will be provided on both sides of the street on SW Lady Marion Drive. These
criterion are 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;
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 criterion is met.
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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 right-of-way on SW 109th Avenue is less than the current required right-of-way. The applicant proposes to
dedicate 30 feet right-of-way from centerline along the development frontage on SW 109th Avenue to provide a full street
for two-way travel lanes and pedestrian connection. Bike lanes will also be provided. A full 54-foot right-of-way
dedication will be provided for the street extension connecting existing SW Lady Marion Drive to SW 109th Avenue.
Dedication of right-of-way will be recorded through subdivision plat approval. These criterion are 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
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 109th Avenue and SW Lady Marion Drive. They are existing streets and
the grades of the streets will remain unchanged. This criterion 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:
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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.
All the existing streets are shown on the plan. This criterion 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. Bike lanes and on-street parking will be provided on SW 109th Avenue
and SW Lady Marion Drive respectively.
Additionally, the applicant will also provide storm drainage system associated with all street improvements. This criterion
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.
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 criterion 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.
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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 criterion 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.
Street connection will be provided with the proposed development. The site plans and narrative indicate that SW Lady
Marion Drive will extend through the site to connect to SW 109th Avenue. These criterion are 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 Lady Marion Drive will intersects SW 109th Avenue at a right angle. This criterion is met.
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 Lady Marion Drive and SW 109th Avenue
will be provided. This criterion 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 intersection between SW Lady Marion Drive and SW 109th Avenue will be at a right angle. This criterion is met.
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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 arterial streets. This standard is not applicable.
J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract are of less than
standard width, additional rights-of-way shall be provided at the time of subdivision or development.
The applicant proposes to dedicate 30 feet from centerline on SW 109th Avenue and a full 54 feet rights of way dedication
and SW Lady Marion Drive. This criterion 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 criterion 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.
New public street names are not proposed, however a private street is proposed. A name for the private street will be
Tierra Terrace, which has been approved. This criterion is met.
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 109th Avenue and SW Lady Marion Drive. They are existing streets and
the grades of the streets will remain unchanged. This criterion is met.
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, and driveway approaches are shown on the submitted site plans. This criterion 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.
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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. This criterion is met.
T. Private streets.
1. Design standards for private streets shall be established by the city engineer; and
2. The city shall require legal assurances for the continued maintenance of private streets, such as
a recorded maintenance agreement.
3. Private streets serving more than 6 dwelling units are permitted only within planned
developments, mobile home parks, and multi-family residential developments.
A private street is proposed. The private street (Tierra Terrace) is shown to have 26-foot pavement and five-foot sidewalk
on both sides of the street. The 26-feet of paved width will provide for parking on one side. Additionally, it is configured
with a hammer head turnout. The turnout must be reviewed and approved by TVF&R. This criterion 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. This criterion 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. This criterion 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 Engineering Division a photometric analysis of
the proposed development frontages for review and approval. Photometric analysis will follow the recommended values
and requirements per ANSI/IESNA. New streetlights are required based on the photometric analysis. The applicant
shall submit a plan showing the location of streetlights and type and color of pole and light fixture shall for review and
approval. This criterion is met through conditions of approval.
Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other
signs may be required.
Prior to commencing of site improvements, the applicants shall submit site plans showing location of street signs, street
names, and traffic control devices to Engineering for review and approval.
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Prior to final plat approval, all street signs, street names, and traffic control devices shall be constructed, completed,
and/or satisfied by the applicant. This criterion is met through conditions of approval.
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 criterion 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 Lady Marion Drive to connect to SW 109th Avenue, 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.
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
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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 along all rights of way for the placement of franchise utilities. This criterion 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 public and
private streets adjacent to the development. This criterion 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 and there is not a sidewalk
gap within 300 feet of the development. These criteria do not apply.
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 one street frontage.
The site plans indicate that a five-foot planter will be provided along all public streets adjacent to the development meeting
the standards. This criterion 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 criterion is met.
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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. This criterion is met through conditions of approval.
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.
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 proposed eight-inch
sanitary sewer systems on SW Lady Marion Drive and the private street (Tierra Terrace). The proposed system is shown
connecting to the existing public sanitary sewer system on SW 109th Avenue. Additionally, a public sanitary sewer
extension to the north edge of the development on SW 109th Avenue for future connection is proposed.
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.
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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. This criterion is met through conditions of approval.
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 Lady Marion Drive and the private
street (Tierra Terrace). Both new and existing public sanitary sewer systems and storm drainage systems are separate and
independent from one another. This criterion 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
Lady Marion Drive and the private street (Tierra Terrace). A water quality/detention facility is also proposed and located
on its own tract on the southwest cornner of the development with access from SW 109th Avenue. Street run-off will be
collected and detained in the water quality/detention facility prior to releasing to the existing system located in SW 109th
Avenue. Surface water shall not be carried across the intersection and allowed to flood the streets and adjacent properties.
Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing how run-off generated
by the development will be collected, conveyed, treated, and detained for review and approval. The design of storm
drainage improvement shall be in accordance with CWS Design and Construction Standards. This criterion is met through
conditions of approval.
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 criterion is met.
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 B) is
proposed for storm water quality and detention and will be dedicated to the City of Tigard. This criterion does not apply.
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 criterion does not apply.
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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 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. This criterion is met through conditions of approval.
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 109th Avenue, a designated bicycle route. Bike lanes re proposed along SW
109th Avenue. This criterion 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.
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The applicant’s narrative and site plans indicates that all new utilities including storm, sanitary, water, and dry utilities are
going to be placed underground. This criterion 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.
The applicant’s narrative states that show all proposed storm, sanitary, and water as well as associated services and facilities
will be placed underground. This criterion 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.
There are existing overhead utilities located across the right-of-way along the development frontage on SW 109th Avenue.
The applicant shall pay a fee in lieu. This criterion is met through conditions of approval.
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.
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Prior to commencing site improvements, pay a fee in lieu of undergrounding the existing overhead utilities located across
the right-of-way along the development frontage on SW 109th Avenue. The fee in lieu shall be one-half of the total fee
as calculated in accordance to the City of Tigard July 1, 2018 Fees and Charges Schedule. This criterion is met through
conditions of approval.
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 a 14-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 provision 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.
As demonstrated on the applicant’s submitted plans, all proposed lots will connect directly with the extension of SW Lady
Marion Drive, SW 109th Avenue or the proposed private street (Tierra Terrace). All access shall be maintained at the
required standards on a continuous basis. 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 a 14-lot subdivision adjacent to SW 109th Avenue and SW Lady Marion Drive.
A Traffic Impact Study is not required. However; a preliminary sight distance certification prepared by Pioneer Design
Group, Inc. dated March 14, 2018 was submitted as part of the land use application. The certification indicated that there
are 312 feet and 372 feet of sight distances available to both north and south directions respectively at the intersection of
SW Lady Marion Drive and SW 109th Avenue. The required sight distances were calculated at 250 feet.
Prior to final plat approval, the applicant shall submit to the Engineering Division the Final Sight Distance Certification
indicating that sight distances are adequately provided at the intersection of SW Lady Marion Drive and SW 109th Avenue.
This criterion is met through conditions of approval.
2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street
intersections. Influence area of intersections is that area where queues of traffic commonly form on
approach to an intersection. The minimum driveway setback from a collector or arterial street
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7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION
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.
The development is not adjacent to a collector or arterial street. This standard does not apply.
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 either a Neighborhood Route or a Local Street. The new intersection between
SW Lady Marion Drive and SW 109th Avenue is located more than 125 feet to the nearest streets in either direction. This
criterion 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)
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 on all existing and
proposed streets, as demonstrated on the applicant’s submitted plans. This standard is met.
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 a 14-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
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7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION
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 states that visual clearance areas will be maintained on the corners of all properties adjacent to
the intersection of two streets, and driveways providing access to a public street. Additionally, the applicant is not
proposing any development on the subject lots at this time. Accordingly, compliance with visual clearance requirements
will be confirmed during the building permit submittal process for all future development. These standards are met.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Tracts and Tract Recordation:
Tract B is a stormwater tract for the purposes of water quality and detention. Tract B will be owned and maintained by
the City. Tract A is for the private street (Tierra Terrace) and Tract C is for retaining walls. Tracts A and C will be owned
and maintained by the Homeowners Association (HOA). All tracts shall be recorded on separate documents per the
Washington County Surveyor Office.
Fire and Life Safety:
Emergency vehicle turn around, location of fire hydrants, and fire flow must be reviewed and approved by TVF&R prior
to commencement site improvements.
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 new eight-inch DI main
on SW Lady Marion Drive. Water meters serving Lots 10 through 14 shall be located on SW Lady Marion Drive. An
irrigation meter for the storm water quality and detention facility on Tract B is proposed off the existing water main on
SW 109th Avenue. 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/Detention:
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 B shall be dedicated to the City at final plat.
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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.
The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10 percent
and 20 percent, as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary
in determining if special grading inspections and/or permits will be necessary when the lots develop.
Address Assignments:
The City of Tigard is responsible for 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 names and assignment of addresses.
Contact Oscar Contreras at 503-718-2678 for the submission of the Autocad file. Prior to permit submittal, 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 measurements and the angle from north
to grid north. These coordinates can be established by:
GPS tie networked to the City’s GPS survey.
By random traverse using conventional surveying methods.
In addition, the applicant’s as-built drawings shall be tied to the GPS network. The applicant’s engineer shall provide
the City with an 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 stated that address signage be
posted at entrance of private street identifying house numbers located off private street.
The City of Tigard Public Works Department was sent a copy of the applicant’s proposal, and stated that the irrigation
VICINITY MAP
ZON2018-00002
SUB2018-00003
Trillium Hill
Subject Site
Approx. Scale 1:2,000 - 1 in = 167 ft
Map printed at 06:42 AM on 03-Apr-18
Information on this map is for general location only and should be verified with
the Development Services Division.
DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD
MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE
CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF
THE DATA PROVIDED HEREIN. THE CITY OF TIGARD SHALL ASSUME NO
LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE
INFORMATION PROVIDED REGARDLESS OF HOW CAUSED.
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
503 639-4171
www.tigard-or.gov
Attachment 1
Attachment 2
ENGINEERING COMMENTS PAGE 1
MEMORANDUM
CITY OF TIGARD, OREGON
DATE: June 5, 2018
TO: Agnes Lindor, Associate Planner
FROM: Khoi Le, Principal Engineer
PROJECT: SUB2018-00003
TRILLIUM HILL SUBDIVISION
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 title are constructed adjacent to the
development.
4. Any new street or additional street width planned as a portion of an existing street
shall meet the standards of this chapter.
The development is a 14-lot Subdivision adjacent to SW 109th Ave and SW Lady Marion Drive.
109th Ave is a Neighborhood Route and Lady Marion Dr is a Local Street. They are both
existing public streets in Tigard.
The site plans show that the rights of way of both 109th Ave and Lady Marion are meeting
the City of Tigard Neighborhood Route and Local Street cross sections at 60 feet and 54
feet respectively. A right of way dedication of 10 feet is proposed along the development
frontage on 109th Ave and a full 54-foot right of way dedication is proposed for the street
extension thru the site connecting existing Lady Marion Dr to 109th Ave.
The site plans also show that all the streets adjacent to the development will be improved.
The improvement will include full street construction on Lady Marion Dr, half-street
construction on 109th Ave. All the streets are shown to have two-way travel lanes, curb and
gutter, 5-foot sidewalk and 5-foot planter. Bike lane will be provided on 109th Ave and on
street parking will be provided on both sides of the street on Lady Marion Dr.
5. If the city could and would otherwise require the applicant to provide street
improvements, the city engineer may accept a future improvements guarantee in lieu of
street improvements if one or more of the following condition exist:
Attachment 3
ENGINEERING COMMENTS PAGE 2
a. A partial improvement is not feasible due to the inability to achieve proper
design standards;
b. A partial improvement may create a potential safety hazard to motorist or
pedestrians;
c. Due to the nature of existing development on adjacent properties it is unlikely
that street improvements would be extended in the foreseeable future and the
improvement associated with the project under review does not, by itself,
provide a significant improvement to street safety or capacity;
d. The improvement would be in conflict with an adopted capital improvement
plan;
e. The improvement is associated with an approved land partition on property
zoned residential and proposed land partition does not create any new streets; or
f. Additional planning work is required to define the appropriate design standards
for the street and the application is for a project which would contribute only a
minor portion of the anticipated future traffic on the street.
The narrative and site plans indicate that the street improvements will be provided. The
Applicant does not propose to pay a fee in lieu for street improvements.
B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be
created through the approval of a final subdivision plat or major partition; however, the
council may approve the creation of a street by acceptance of a deed, provided that
such street is deemed essential by the council for the purpose of general traffic
condition.
1. The council may approve the creation of a street by deed of dedication without full
compliance with the regulations applicable to subdivisions or major partitions if any
one or more of the following conditions are found by the council to be present:
a. Establishment of a street is initiated by the council and is found to be essential
for the purpose of general traffic circulation, and partitioning or subdivision of
land has an incidental effect rather than being the primary objective in
establishing the road or street for public use; or
b. The tract in which the road or street is to be dedicated is an isolated ownership
of one acre or less and such dedication is recommended by the commission to
the council based on a finding that the proposal is not an attempt to evade the
provisions of this title governing the control of subdivisions or major partitions.
c. The street is located within the downtown mixed use central business district
and has been identified on Figure 5-14A through 5-14L of the City of Tigard 2035
Transportation System Plan as a required connectivity improvement.
2. With each application for approval of a road or street right-of-way not in full
compliance with the regulations applicable to the standards, the proposed dedication
shall be made a condition of subdivision and major partition approval.
a. The applicant shall submit such additional and justification as may be necessary
to enable the commission in its review to determine whether or not a
recommendation for approval by the council shall be made.
Attachment 3
ENGINEERING COMMENTS PAGE 3
b. The recommendation, if any, shall be based upon a finding that the proposal is
not in conflict with the purpose of this title.
c. The commission in submitting the proposal with a recommendation to the
council may attach conditions which area necessary to preserve the standards of
this title.
3. All deeds of dedication shall be in a form prescribed by the city and shall name “the
public” as grantee.
The existing right of way on 109th Ave is less than the current required right of way. The
Applicant proposes to dedicate 30 feet right of way from centerline along the development
frontage on 109th Ave to provide full streets for two-way travel lanes and pedestrian
connections. Bike lane will also be provided. A full 54-foot right of way dedication will be
provided for the street extension connecting existing Lady Marion Dr to 109th Ave.
Dedication of right of way will be recorded via subdivision plat approval.
C. Creation of access easement. The approval authority may approve an access
easement established by deed without full compliance with this title provided such an
easement is the only reasonable method by which a lot large enough to develop can be
created.
1. Access easements shall be provided and maintained in accordance with the Uniform
Fire Code, Section 10.207.
2. Access shall be in accordance with 18.705.030.H and I.
No access easement is proposed or deemed necessary.
D. Street location, width and grade. Except as noted below, the location, width and
grade of all streets shall conform to an approved street plan and shall be considered in
their relation to existing and planned streets, to topographic conditions, to public
convenience and safety, and in their appropriate relation to the purposed use of the land
to be served by such streets:
1. Street grades shall be approved by the city engineer in accordance with subsection N
of this section; and
The proposed development is adjacent to 109th Ave and Lady Marion Dr. They are existing
streets and the grades of the streets will remain unchanged.
2. Where the location of a street is not shown in an approved street plan, the
arrangement of streets in a development shall either:
a. Provide for the continuation or appropriate projection of existing streets in the
surrounding areas, or
b. Conform to a plan adopted by the commission, if it is impractical to conform to
existing street pattern because of particular topographical or other existing
conditions of the land. Such a plan shall be based on the type of land use to be
Attachment 3
ENGINEERING COMMENTS PAGE 4
served, the volume of traffic, the capacity of adjoining streets and the need for
public convenience and safety.
All the existing streets are shown on the plan.
E. Minimum Rights-of-Way and Street Widths: Unless otherwise indicated on an
approved street plan, or as needed to continue an existing improved street or within
the Downtown District, street right-of-way and roadway widths shall not be less than
the minimum width described below. Where a range is indicated, the width shall be
determined by the decision-making authority based upon anticipated average daily
traffic (ADT) on the new street segment. (The City Council may adopt by resolution,
design standards for street construction and other public improvements. The design
standards will provide guidance for determining improvement requirements within
the specified ranges.) These are presented in Table 18.810.1
1. The decision-making body shall make its decision about desired right-of-way
width and pavement width of the various street types within the subdivision or
development after consideration of the following:
a. The type of road as set forth in the comprehensive plan transportation chapter-
functional street classification.
b. Anticipated traffic generation.
c. On-street parking needs.
d. Sidewalk and bikeway requirements.
e. Requirements for placement of utilities.
f. Street lighting.
g. Drainage and slope impacts.
h. Street tree location.
i. Planting and landscape areas.
j. Safety and comfort for motorists, bicyclists, and pedestrians.
k. Access needs for emergency vehicles.
The 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. Bike lane and on street parking will be provided on 109th Ave and Lady Marion Dr
respectively.
Additionally, the Applicant will also provide storm drainage system associated with all street
improvements.
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
Attachment 3
ENGINEERING COMMENTS PAGE 5
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.
b. b. Identify existing or proposed bus routes, pullouts or other transit facilities,
bicycle routes and pedestrian facilities on or within 530 feet of the site.
The proposed development is not adjacent to within 530 feet of a bus route.
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.
G. Street spacing and access management. Refer to 18.920.030.H
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
precluded when it is not possible to redesign, or reconfigure the street pattern to
provide required extensions. Land is considered topographically constrained if the
slope is greater than 15% for a distance of 250 feet or more. In the case of
environmental or topographical constraints, the mere presence of a constraint is not
sufficient to show that a street connection is not possible. The applicant must show
why the constraint precludes some reasonable street connection.
3. Proposed street or street extensions shall be located to provide direct access to
existing or planned transit stops, commercial services, and other neighborhood
Attachment 3
ENGINEERING COMMENTS PAGE 6
facilities, such as schools, shopping areas and parks.
4. All development shall provide an internal network of connecting streets that provide
short, direct travel routes and minimize travel distances within the development.
Street connection will be provided with the proposed development. The site plans and
narrative indicate that Lady Marion Dr extends through the site to connect to 109th Ave.
I. Intersection angles. Street shall be laid out so as to intersect at an angle as near to a
right angle as practical, except where topography requires a lesser angle, but in no case
shall the angle be less than 75° unless there is special intersection design, and:
Lady Marion Dr will intersects 109th Ave at a right angle.
1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way
intersection unless topography requires a lesser distance;
At least 25 feet of tangent adjacent to the right of way intersection between Lady Marion Dr
and 109th Ave will be provided.
2. Intersections which are not at right angles shall have a minimum corner radius of
20 feet along the right of way line of the acute angles;
The intersection between Lady Marion Dr and 109th Ave will be at a right angle.
3. Right-of-way lines intersection with arterial streets shall have a corner radius of
not less than 20 feet.
No street adjacent to the development is an Arterial St. This standard is not applicable.
J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract
are less than standard width, additional rights-of-way shall be provided at the time of
subdivision or development.
The Applicant proposes to dedicate 30 feet from centerline and a full 54 feet rights of way
dedication on 109th Ave and Lady Marion Dr respectively.
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 adjoining property developed.
No partial improvement is proposed.
L. Cul-de-sac
No cul-de-sac is proposed or deemed necessary.
Attachment 3
ENGINEERING COMMENTS PAGE 7
M. Street name. No street name shall be used which will duplicate or be confused with
the names of existing streets in Washington County, except for extensions of existing
streets. Street names and numbers shall conform to the established pattern in the
surrounding area and as approved by the city engineer.
No new public street name is proposed however a private street is proposed. A name for the
private street will be submitted to the City for review and approval.
N. Grades and curves.
1. Grades shall not exceed 10% on arterials, 12% on collector streets, or 12% on any
other street (except that local or residential access streets may have segments with
grades up to 15% for distances of no greater than 250 feet); and
2. Centerline radii of curves shall be as determined by the city engineer.
The proposed development is adjacent to 109th Ave and Lady Marion Dr. They are existing
streets and the grades of the streets will remain unchanged.
O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts,
wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance
with standards specified in this chapter and Section 15.04.080, and:
1. Concrete curbs and driveway approaches are required; except:
2. Where no sidewalk is planned, an asphalt approach may be constructed with city
engineer approval; and
3. Asphalt and concrete driveway approaches to the property line shall be built to city
configuration standards.
Curbs, curb cuts, and driveway approaches are shown on the submitted site plans.
P. Street adjacent to railroad right-of-way.
The proposed site is not adjacent to a railroad right-of-way. This standard is not applicable.
Q. Access to arterials and collectors. Where a development abuts or is traversed by an
existing or proposed arterial or collector street, the development design shall provide
adequate protection for residential properties and shall separate residential access
and through traffic, or if separation is not feasible, the design shall minimize the
traffic conflicts. The design shall include any of the following:
1. A parallel access street along the arterial or collector;
2. Lots of suitable depth abutting the arterial or collector to provide adequate
buffering with frontage along another street;
3. Screen planting at the rear or side property line to be contained in a nonaccess
reservation along the arterial or collector; or
4. Other treatment suitable to meet the objectives of this subsection;
5. If a lot has access to two streets with different classifications, primary access
Attachment 3
ENGINEERING COMMENTS PAGE 8
should be from the lower classification street.
The proposed development is not adjacent to a Collector Street or an Arterial Street.
R. Alleys, public or private.
The site does not propose any alleys, public or private.
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.
T. Private streets.
1. Design standards for private streets shall be established by the city engineer; and
2. The city shall require legal assurances for the continued maintenance of private
streets, such as a recorded maintenance agreement.
3. Private streets serving more than six dwelling units are permitted only within
planned developments, mobile home parks, and multi-family residential
developments.
A private street is proposed. The private street is shown to have 26-foot pavement and 5-
foot sidewalk on both sides of the street. The 26-feet of paved width will provide for
parking on one side. Additionally, it is configured with hammer head turnout. The turnout
must be reviewed and approved by Tualatin Valley Fire & Rescue (TVF&R).
U. Railroad Crossing.
The proposed site is not adjacent to any railroad crossing. This standard is not applicable.
V. Street Signs. The city shall install all street signs, relative to traffic control and
street names, as specified by the city engineer for any development. The cost of
signs shall be the responsibility of the developer.
Prior to commencing of site improvements, the Applicants shall submit site plans showing
location of street signs, names, and traffic control devices to Engineering for review and
approval.
Prior to final plat approval, all street signs, street names, and traffic control devices shall be
constructed, completed, and/or satisfied by the Applicant.
W. Mail Boxes. Joint mailbox facilities shall be provided in all residential
developments, with each joint mailbox serving at least two dwelling units.
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ENGINEERING COMMENTS PAGE 9
1. Joint mailbox structures shall be placed adjacent to road curbs;
2. Proposed locations of joint mailboxes shall be designed on a copy of the
preliminary plat or development plan, and shall be approved by the city
engineer/U.S. post office prior to final plan approval; and
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. Mailbox locations must be submitted for review
and approval prior to commencing site improvements.
X. Traffic Signal. The location of traffic signals shall be noted on approval street
plans. Where a proposed street intersection will result in an immediate need for a
traffic signal, a signal meeting approval specifications shall be installed. The cost
shall be included as a condition of development.
No traffic signal is required. This standard is not applicable.
Y. Streetlight standards. Streetlights shall be installed in accordance with
regulations adopted by the city’s direction.
Prior to commencing of site improvements, the Applicant shall provide Engineering
Division a photometric analysis of the proposed development frontages for 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 to
Engineering for review and approval. Type and color of pole and light fixture shall also be
included on the plan for review and approval.
Z. Street name signs. Street name signs shall be installed at all street intersections.
Stop signs and other signs may be required.
Prior to commencing of site improvements, the Applicants shall submit site plans showing
location of street signs, street names, and traffic control devices to Engineering for review
and approval.
Prior to final plat approval, all street signs, street names, and traffic control devices shall be
constructed, completed, and/or satisfied by the Applicant.
AA. Street cross-section. The final lift of asphalt concrete pavement shall be placed
on all new constructed public roadways prior to final city acceptance of the roadway
and within one year of the conditional acceptance of the roadway unless otherwise
approved by the city engineer. The final lift shall also be placed no later than when
90% of the structures in the new development are completed or three years from the
commencement of initial construction of the development, whichever is less.
1. Sub-base and leveling course shall be of select crushed rock;
2. Surface material shall be of Class C or B asphalt concrete;
Attachment 3
ENGINEERING COMMENTS PAGE 10
3. The final lift shall be place on all new construction roadways prior to final city
acceptance of the roadway; however, no before 90%of the structures in the new
development are completed unless three years have elapsed since initiation of
construction in the development.;
4. The final lift shall be Class C asphalt concrete as defined by A.P.W.A. standards
specifications; and
5. No lift shall be less than 1-1/2 inches in thickness.
The Applicant’s site plans called out the structural cross sections of the streets and they meet
the City of Tigard standard cross sections.
BB. Traffic calming. When, in the opinion of the city engineer, the proposed
development will create negative traffic condition on existing neighborhood streets,
such as excessive speeding, the developer may be required to provide traffic calming
measures. These measures may be required within the development and/or offsite
as deemed appropriate. As an alternative, the developer may be required to deposit
funds with the city to help pay for traffic calming measures that become necessary
once the development is occupied and the city engineer will determine the amount of
funds required, and will collect said funds from the developer prior to the issuance of
a certificate of occupancy, or in the case of subdivision, prior to the approval of the
final plat. The funds will be held by the city for a period of five years from the date of
issuance of certificate of occupancy, or in the case of a subdivision, the date of final
plat approval. Any funds not used by the city within the five-year time period will be
refunded to the developer.
No traffic calming is proposed or deemed necessary.
CC. Traffic Study.
1. A traffic study shall be required for all new or expanded uses or developments
under any of the following circumstances:
a. When they generate a 10% or greater increase in existing traffic to high
collision intersections identified by Washington County.
b. Trip generation from development onto the city street at the point of access
and the existing ADT fall within the following ranges:
Existing ADT ADT to be added by development
0-3000 vpd 2,000 vpd
3,001-6,000 vpd 1,000 vpd
>6,000 vpd 500 vpd or more
c. If any of the following issues become evident to the city engineer:
i. High traffic volumes on the adjacent roadway that may affect movement
into or out of the site.
ii. Lack of existing left-turn lanes onto the adjacent roadway at the prosed
access drive(s).
Attachment 3
ENGINEERING COMMENTS PAGE 11
iii. Inadequate horizontal or vertical sight distance at access points.
iv. The proximity of the proposed access to other existing drives or
intersections is a potential hazard.
v. The proposal requires a conditional use permit or involves a drive through
operation.
vi. The proposed development may result in excessive traffic volumes on
adjacent local streets.
2. In addition, a traffic study may be required for all new or expanded uses or
developments under any of the following circumstances:
a. When the site is within 500 feet of an ODOT facilities; and/or
b. Trip generation from a development adds 300 or more vehicle trips per day to
an ODOT facility; and/or
c. Trip generation from a development adds 50 or more peak hour trips to an
ODOT facility.
Traffic Impact Analysis (TIA) is not required or deemed necessary.
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 drainage way, there shall be
provided a stormwater easement or drainage right-of-way conforming substantial
with the lines of the watercourse.
B. Utility Easements. A property owner proposing a development shall make
arrangement with the city, the applicable district, and each utility franchise for the
provision and dedication of utility easements necessary to provide full services to the
development. The city’s standard width for public main line utility easements shall
be 15 feet unless otherwise specified by the utility company, applicable district, or
city engineer.
The proposed development is not traversed by a watercourse or drainage way.
The site plans show that an 8-foot Public Utility Easement (PUE) along all rights of way for
the placement of franchise utilities.
18.910.70 Sidewalk.
A. All industrial streets and private streets shall have sidewalks meeting city
standards along at least one side of the street. All other streets shall have sidewalks
meeting the city standards along both sides of the street. A development may be
approved if an adjoining street has sidewalks on the side adjoining the development,
even if no sidewalk exists on the other side of the street.
No industrial street is proposed or deemed necessary. 5-foot concrete sidewalk is proposed
along all the public and private streets adjacent to the development.
B. Requirement of developers.
Attachment 3
ENGINEERING COMMENTS PAGE 12
1. As part of any development proposal, or change in use resulting in an additional
1,000 vehicle trips or more per day, an applicant shall be required to identify direct,
safe (1.25 x the straight line distance) pedestrian route within ½ mile of their site to
all transit facilities and neighborhood activity centers (schools, parks, libraries, etc.).
In addition, the developer may be required to participate in the removal of any gaps
in the pedestrian system off-site if justified by the development.
2. If there is an existing sidewalk on the same side of the street as the development
within 300 feet of a development site in either direction, the sidewalk shall be
extended from the site to meet the existing sidewalk, subject to rough proportionality
(even if the sidewalk does not serve a neighborhood activity center).
The proposed development does not generate an additional 1,000 vehicle trips or more per
day.
There is not a sidewalk gap within 300 feet of the development.
C. Planter strip requirements. A planter strip separation of at least five feet between
the curb and the sidewalk shall be required in the design of streets, except where the
following conditions exist: There is inadequate right-of-way; the curbside sidewalks
already exist on predominant portions of the street; it would conflict with utilities;
there are significant natural features (large trees, water features, significant habitat
areas, etc.) that would be destroyed if the sidewalk were located as required; or where
there are existing structures in close proximity to the street (15 feet or less) or where
the standards in Table 18.810.1 specify otherwise. Additional consideration of
exempting the planter strip requirement may be given on a case-by-case basis if a
property abuts more than one street frontage.
The site plans indicate that a 5-foot planter will be provided along all public streets adjacent to
the development meeting the standards.
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.
E. Application for permit and inspection. If the construction of a sidewalk is not
included in the performance bond of an approved subdivision or the performance
bond has lapsed, then every person, firm or corporation desiring to construct
sidewalks as provided by this chapter, shall be before entering upon the work or
improvement, apply for a street opening permit to the Engineering Department to so
build or construct:
1. An occupancy permit shall not be issued for a development until the provision of
this section is satisfied.
2. The city engineer may issue a permit and certificate allowing temporary
noncompliance with the provision of this section to the owner, builder or contractor
Attachment 3
ENGINEERING COMMENTS PAGE 13
when, in his or her opinion, the construction of the sidewalk is impractical for one or
more of the following reasons:
a. Sidewalk grades have not and cannot be established for the property in
question within a reasonable length of time.
b. Forthcoming installation of public utilities or street paving would be likely to
cause severe damage to the new sidewalk.
c. Street right-of-way is insufficient to accommodate a sidewalk on one or both
sides of the street; or,
d. Topography or elevation of the sidewalk base area makes construction of
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.
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 accordance with the provisions set
forth in Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by the Unified Sewerage Agency in 1996 and including any
future revisions or amendments) and the adopted policies of the comprehensive plan.
B. Sewer plan approval. The city engineer shall approve all sanitary sewer plans and
proposed systems prior to issuance of development permits involving sewer service.
C. Over-sizing. Proposed sewer systems shall include consideration of additional
development within the area as projected by the comprehensive plan.
D. Permit Denied. Development permits may be restricted by the commission or
hearing officer where a deficiency exists in the existing sewer system or portion
thereof which cannot be rectified within the development and which if not rectified
will result in a threat to public health or safety, surcharging of existing mains, or
violations of state or federal standards pertaining to operation of the sewage
treatment system.
The Applicant’s narrative and site plans indicate that all the lots in the proposed
development will be serviced and connected to public sanitary sewer systems via service
laterals. All the services will be served off the proposed 8-inch sanitary sewer systems on
Lady Marion Dr and the private street. The proposed system is shown connecting to the
existing public sanitary sewer system on 109th Ave.
Additionally, a public sanitary sewer extension to the north edge of the development on
109th Ave for future connection is proposed.
Attachment 3
ENGINEERING COMMENTS PAGE 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.
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.
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 Lady Marion
Dr and the private street. Both new and existing public sanitary sewer systems and storm
drainage systems are separate and independent from one another.
2. Where possible, inlets shall be provided so surface water is not carried across any
intersection or allowed to flood any street; and
The site plans indicate that a public drainage system including manholes, inlets, and a 12-
inch main are proposed in Lady Marion Dr and the private street. A water quality/detention
facility is also proposed and located on its own tract on the southwest cornner of the
development with access taking from 109th Ave. 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 109th Ave. 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, 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 CleanWater Services Design and Construction
Standards.
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.
Attachment 3
ENGINEERING COMMENTS PAGE 15
B. Easement. Where a development is traversed by a watercourse, drainageway,
channel or stream, there shall be provided a stormwater easement or drainage right-of-
way conforming substantially with the lines of such watercourse and such further width
as will be adequate for conveyance and maintenance.
The site is not traversed by a watercourse, drainageway, channel or stream.
The site plans show that a tract (Tract B) is proposed for storm water quality and detention
and will be dedicated to the City of Tigard.
C. Accommodation of upstream drainage. A culvert or other drainage facility shall be
large enough to accommodate potential runoff from its entire upstream drainage
area, whether inside or outside the development, and the city engineer shall approve
the necessary size of the facility, based on the provisions of Design and Construction
Standards for Sanitary and Surface Water Management (as adopted by the Unified
Sewerage Agency in 1996 and including any future revisions or amendments).
There is no upstream basin that flows across the subject site.
D. Effect on downstream drainage. Where it is anticipated by the city engineer that
the additional runoff resulting from the development will overload an existing
drainage facility, the director and engineer shall withhold approval of the
development until provisions have been made for improvement of the potential
condition or until provisions have been made for storage of additional runoff caused
by the development in accordance with the Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by the Unified Sewerage
Agency in 1996 and including any future revisions or amendments).
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.
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
Attachment 3
ENGINEERING COMMENTS PAGE 16
(TSP). Bike lane requirements along collectors within the downtown urban renewal
district shall be determined by the city engineer unless specified in Table 18.810.1.
2. Developments adjoining proposed bikeways identified on the city’s adopted
pedestrian/bikeway plan shall include provisions for the future extension of such
bikeways through the dedication of easements or rights-of-way, provided such
dedication is directly related to and roughly proportional to the impact of the
development.
3. Any new street improvement project shall include bicycle lanes as required in this
document and on the adopted bicycle plan.
The proposed development is adjacent to 109th Ave, a designated bicycle route.
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.
B. Information on development plans. The applicant for a development shall show
on the development plan or in the explanatory information, easements for all
underground facilities, and:
1. Plans showing the location of all underground facilities as described herein shall
be submitted to the city engineer for review and approval;
2. Care shall be taken in all cases to ensure that above ground equipment does not
obstruct vision clearance areas for vehicular traffic.
C. Exception to undergrounding requirement.
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.
Attachment 3
ENGINEERING COMMENTS PAGE 17
2. An applicant for a development which is served by utilities which are not
underground and which are located across a public right-of-way from the applicant’s
property shall pay the fee in-lieu of undergrounding.
3. Properties within the CBD zoning district shall be exempt from the requirements
for undergrounding of utility lines and from the fee in-lieu of undergrounding.
4. The exceptions in paragraphs 1 through 3 of this subsection C shall apply only to
existing utility lines. All new utility lines shall be placed underground.
D. Fee in-lieu of undergrounding.
1. The city engineer shall establish utility service areas in the city. All development
which occurs within a utility service area shall pay a fee in-lieu of undergrounding for
utilities if the development does not provide underground utilities, unless exempted
by this code.
2. The city engineer shall establish the fee by utility service area which shall be
determined based upon the estimated cost to underground utilities within each
service area. The total estimated cost for undergrounding in a service area shall be
allocated on a front-foot basis to each party within the service area. The fee due from
any developer shall be calculated based on a front-foot basis.
3. A developer shall receive a credit against the fee for costs incurred in the
undergrounding of existing overhead utilities. The city engineer shall determine the
amount of the credit, after review of cost information submitted by the applicant with
the request for credit.
4. The funds collected in each service area shall be used for undergrounding utilities
within the city at large. The city engineer shall prepare and maintain a list of
proposed undergrounding projects which may be funded with the fees collected by
the city. The list shall indicate the estimated timing and cost of each project. The list
shall be submitted to the city council for their review and approval annually.
There are existing overhead utilities located across the right of way along the development
frontage on 109th Ave. The applicant shall pay a fee in lieu per the criterion in TDC Section
18.910.120.C.2.
Prior to commencing site improvements, pay a fee in lieu of undergrounding the existing
overhead utilities located across the right of way along the development frontage on 109th
Ave. The fee in lieu shall be one-half of the total fee as calculated in accordance to the City
of Tigard July 1, 2018 Fees and Charges Schedule.
18.920.030. General Provision
18.920.30.H Access Management
1. An access report shall be submitted with all new development proposals which
verifies design of driveways and streets are safe by meeting adequate stacking needs,
sight distance and deceleration standards as set by ODOT, Washington County, the
City and AASHTO (depending on jurisdiction of facility)
The proposed development is a 14-lot subdivision adjacent to 109th Ave and Lady Marion
Dr.
Attachment 3
ENGINEERING COMMENTS PAGE 18
A Traffic Impact Study (TIA) is not required however; a preliminary sight distance
certification prepared by Pioneer Design Group, Inc. dated March 14, 2018 was submitted as
part of the land use application. The certification indicated that there are 312 feet and 372
feet of sight distances available to both north and south directions respectively at the
intersection of Lady Marion Dr and 109th Ave. The required sight distances were calculated
at 250 feet.
Prior to final plat approval, the Applicant shall submit to the Engineering Division the Final
Sight Distance Certification indicating that sight distances are adequately provided at the
intersection of Lady Marion Dr and 109th Ave.
2. Driveways shall not be permitted to be placed in the influence area of collector or
arterial street intersections. Influence area of intersections is that area where queues
of traffic commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be 150 feet, measured from
the right-of-way line of the intersecting street to the throat of the proposed driveway.
The setback may be greater depending upon the influence area, as determined from
City Engineer review of a traffic impact report submitted by the applicant’s traffic
engineer. In a case where a project has less than 150 feet of street frontage, the
applicant must explore any option for shared access with the adjacent parcel. If
shared access is not possible or practical, the driveway shall be placed as far from the
intersection as possible.
3. The minimum spacing of driveways and streets along a collector shall be 200 feet.
The minimum spacing of driveways and streets along an arterial shall be 600 feet.
4. The minimum spacing of local streets along a local street shall be 125 feet.
The streets adjacent to the development are either a Neighborhood Route or a Local Street.
The new intersection between Lady Marion Dr and 109th Ave is located more than 125 feet
to the nearest streets in either directions.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND
UTILITY IMPROVEMENT STANDARDS:
Tracts:
Tract B is a stormwater tract for the purposes of water quality and detention. Tract A will
be owned and maintained by the City.
Tract A and C will be owned and maintained by the Homeowners Association (HOA).
Tract A is for the private street and Tract C is for retaining walls.
Tracts Recordation:
All Tracts shall be recorded on separate documents per the Washington County Surveyor
Office.
Attachment 3
ENGINEERING COMMENTS PAGE 19
Fire and Life Safety:
Emergency vehicle turn around, location of fire hydrants, and fire flow must be reviewed
and approved by TVF&R prior to commencement site improvements.
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 new 8” DI main on Lady Marion Dr. Water meters serving Lots 10 to 14 shall be
located on Lady Marion Dr. An irrigation meter for the storm water quality and detention
facility on Tract B is proposed off the existing water main on 109th Ave. 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/Detention:
The City has agreed to enforce Surface Water Management (SWM) regulations established
by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution
and Order No. 00-7) which require the construction of on-site water quality facilities. The
facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent
of the storm water runoff generated from newly created impervious surfaces. In addition, a
maintenance plan shall be submitted indicating the frequency and method to be used in
keeping the facility maintained through the year.
Prior to commencing site improvements, 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 B shall be dedicated to the City at final plat.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to reduce the amount
of sediment and other pollutants reaching the public storm and surface water system
resulting from development, construction, grading, excavating, clearing, and any other
activity which accelerates erosion. Per CWS regulations, the applicant is required to submit
an erosion control plan for City review and approval prior to issuance of City permits.
The Federal Clean Water Act requires that a National Pollutant Discharge Elimination
System (NPDES) erosion control permit be issued for any development that will disturb one
Attachment 3
ENGINEERING COMMENTS PAGE 20
or more acre of land. Since this site is over five acres, the developer will be required to
obtain an NPDES permit from the City prior to construction. This permit will be issued
along with the site and/or building permit.
A final grading plan shall be submitted showing the existing and proposed contours. The plan
shall detail the provisions for surface drainage of all lots, and show that they will be graded to
insure that surface drainage is directed to the street or a public storm drainage system approved
by the Engineering Department. For situations where the back portions of lots drain away
from a street and toward adjacent lots, appropriate private storm drainage lines shall be
provided to sufficiently contain and convey runoff from each lot.
The design engineer shall also indicate, on the grading plan, which lots will have natural slopes
between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This
information will be necessary in determining if special grading inspections and/or permits will
be necessary when the lots develop.
Address Assignments:
The City of Tigard is responsible for 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 tw o
monuments with a tie to the City’s global positioning system (GPS) geodetic control network
(GC 22). These monuments shall be on the same line and shall be of the same precision as
required for the subdivision plat boundary. Along with the coordinates, the plat shall contain
the scale factor to convert ground measurements to grid measurements and the angle from
north to grid north. These coordinates can be established by:
GPS tie networked to the City’s GPS survey.
By random traverse using conventional surveying methods.
In addition, the applicant’s as-built drawings shall be tied to the GPS network. The applicant’s
engineer shall provide the City with an 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).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO PERMIT
SUBMISSION:
1. 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
Attachment 3
ENGINEERING COMMENTS PAGE 21
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.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
COMMENCING ANY ONSITE IMPROVEMENTS INCLUDING GRADING,
EXCAVATION AND/OR FILL ACTIVITIES:
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements, to the ENGINEERING
DEPARTMENT, ATTN: KHOI LE at 503-718-2440. The cover letter shall clearly
identify where in the submittal the required information is found:
2. 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
CleanWater Services (CWS) Design and Construction Standards
Tigard Community Development Codes, Municipal Codes
Fire Codes
Other applicable County, State, and Federal Codes and Standard Guidelines
3. 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.
4. 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. Public Facility Improvement permit plans shall conform to
City of Tigard Public Improvement Design Standards, which are available at City
Hall and the City’s web page (www.tigard-or.gov).
Attachment 3
ENGINEERING COMMENTS PAGE 22
5. 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.
6. Prior to commencing site improvements, the Applicant shall provide a construction
vehicle access and parking plan for approval by the City Engineer. The purpose of
this plan is for parking and traffic control during the public improvement
construction phase. All construction vehicle parking shall be provided onsite. No
construction vehicles or equipment will be permitted to park on the adjoining
residential public streets. Construction vehicles include the vehicles of any
contractor or subcontractor involved in the construction of site improvements or
buildings proposed by this application, and shall include the vehicles of all suppliers
and employees associated with the project.
7. Prior to commencing site improvements, the Applicant shall provide Engineering
Division a photometric analysis for the review and approval. New LED streetlights
are required based on the photometric analysis; the Applicant shall submit plans
showing the location of streetlights to Engineering Division for review and approval.
Type and color of pole and light fixture shall also be included on the plan for review
and approval.
8. Prior to commencing site improvements, the Applicant shall submit plans showing
the following items to Engineering for review and approval:
SW 109th Ave St shall include and shall be shown to have:
30-foot from centerline right of way dedication
18-foot from centerline asphalt concrete pavement including 6-foot bike lane
meeting City of Tigard Neighborhood Route cross section
Curb and gutter
5-foot planter
5-foot concrete sidewalk
8-foot PUE
Driveway approach
Street trees in the planter strip spaced per TDC requirements
Streetlights as recommended from the approved photometric analysis
Storm drainage improvement meeting CleanWater Services Design and
Construction Standards
Underground utilities
Attachment 3
ENGINEERING COMMENTS PAGE 23
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
Intersection radii meeting the City of Tigard Standards
Intersection curb ramp meeting the Public Right of Way Accessibility
Guidelines (PROWAG)
Pavement taper meeting the City of Tigard Standards
Street striping meeting MTUCD, ODOT and the City of Tigard Standards
SW Marion Drive shall include and shall be shown to have:
54-foot right of way dedication
32-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
Street trees in the planter strip spaced per TDC requirements
Streetlights as recommended from the approved photometric analysis
Residential driveway approaches
Storm drainage improvement meeting CleanWater Services Design and
Construction Standards
Underground utilities
Curb radii meeting the City of Tigard 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
Private Street shall include and shall be shown to have:
26-foot asphalt concrete pavement
5-foot sidewalk on both sides of the street
Streetlights as recommended from the approved photometric analysis
Storm drainage improvement meeting CleanWater Services Design and
Construction Standards
Underground utilities
Street signs, names
Street profile and turnout meeting the City of Tigard Standards and TVF&R
9. 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 to Engineering
Attachment 3
ENGINEERING COMMENTS PAGE 24
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 Standards.
10. 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.
11. 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.
12. 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.
13. Prior to commencing site improvements, the Applicant will be required to provide
written approval from Tualatin Valley Fire & Rescue for fire flow, hydrant
placement, and emergency vehicular access and turn around.
14. Prior to commencing site improvements, an erosion control plan shall be provided
as part of the Public Facility Improvement permit drawings. The plan shall conform
to the "CWS Erosion Prevention and Sediment Control Design and Planning
Manual” (current edition) and submitted to City of Tigard with the PFI plans.
15. 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.
16. 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.
17. Prior to commencing site improvements, submit Autocad file of the construction
plan to the City for GIS purposes.
18. Prior to commencing site improvements, pay a fee in lieu of undergrounding the
existing overhead utilities located across the right of way along the development
frontage on 109th Ave. The fee in lieu shall be one-half of the total fee as calculated
in accordance to the City of Tigard July 1, 2018 Fees and Charges Schedule.
Attachment 3
ENGINEERING COMMENTS PAGE 25
THE FOLLOWING CONDITIONS SHALL BE SATIFIED PRIOR TO
APPROVAL OF THE FINAL PLAT
19. 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.
20. 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 3 years of maintenance.
21. 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.
22. 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.
23. 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.
24. 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.
25. Submit a check in the amount of the current final plat review fee (Contact Planner
on Duty, at 503718-2421)
26. Prior to final plat approval, the Applicant shall submit to the Engineering Division
the Final Sight Distance Certification indicating that sight distances are adequately
provided at the intersection of Lady Marion Dr and 109th Ave.
27. Prior to final plat approval, provide Autocad files of the as-built drawings.
IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING
SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN
EXCLUSIVE LIST:
18.430.080 Improvement Agreement:
Attachment 3
ENGINEERING COMMENTS PAGE 26
Before City approval is certified on the final plat, and before approved construction plans
are issued by the City, the Developer 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 Developer. The agreement shall stipulate improvement fees and
deposits as may be required to be paid and may also provide for the construction of
the improvements in stages and for the extension of time under specific conditions
therein stated in the contract.
18.430.090 Bond:
As required by Section 18.430.080, the Developer shall file with the agreement an assurance
of performance supported by one of the following:
An irrevocable letter of credit executed by a financial institution authorized to
transact business in the State of Oregon;
A surety bond executed by a surety company authorized to transact business in the
State of Oregon which remains in force until the surety company is notified by the
City in writing that it may be terminated; or
Cash. The Developer 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 Developer shall not cause
termination of nor allow expiration of said guarantee without having first secured
written authorization from the City.
18.430.100 Filing and Recording:
Within 60 days of the City review and approval, the Applicant shall submit the final plat to
the County for signatures of County officials as required by ORS Chapter 92. Upon final
recording with the County, the Applicant shall submit to the City a mylar copy of the
recorded final plat.
18.430.070 Final Plat Application Submission Requirements:
Three copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and
necessary data or narrative. The final plat and data or narrative shall be drawn to the
minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington
County, and by the City of Tigard.
STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS
FOLLOWS:
Centerline Monumentation
In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all
street and roadway rights-of-way shall be monumented before the City accepts a street
improvement.
Attachment 3
ENGINEERING COMMENTS PAGE 27
The following centerline monuments shall be set:
All centerline-centerline intersection points;
All cul-de-sac center points; and
Curve points, beginning and ending points (PC's and PT's).
All centerline monuments shall be set during the first lift of pavement.
Monument Boxes Required
Monument boxes conforming to City standards will be required around all centerline
intersection points, culde-sac center points, and curve points. The tops of all monument
boxes shall be set to finished pavement grade.
18.810.120 Utilities
All utility lines including, but not limited to those required for electric, communication,
lighting and cable television services and related facilities shall be placed underground,
except for surface-mounted transformers, surface-mounted connection boxes, and meter
cabinets which may be placed above ground, temporary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or above.
18.810.130 Cash or Bond Required
All improvements installed by the Developer shall be guaranteed as to workmanship and
material for a period of one year following acceptance by the City. Such guarantee shall be
secured by cash deposit or bond in the amount of the value of the improvements as set by
the City Engineer. The cash or bond shall comply with the terms and conditions of Section
18.810.180.
18.810.150 Installation Prerequisite
No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks,
curbs, lighting or other requirements shall be undertaken except after the plans therefore
have been approved by the City, permit fee paid and permit issued.
18.810.180 Notice to City Required
Work shall not begin until the City has been notified in advance. If work is discontinued for
any reason, it shall not be resumed until the City is notified.
18.810.200 Engineer's Certification
The land Developer's Design Engineer shall provide written certification of a form provided
by the City that all improvements, workmanship and materials are in accord with current and
standard engineering and construction practices, and are of high grade, prior to the City
acceptance of the subdivision's improvements or any portion thereof for operation and
maintenance.
Attachment 3
Attachment 4
Attachment 4
Attachment 4
Attachment 4
Attachment 4
Attachment 4
www.tvfr.com
Training Center
12400 SW Tonquin Road
Sherwood, Oregon
97140-9734
503-259-1600
South Operating Center
8445 SW Elligsen Road
Wilsonville, Oregon
97070-9641
503-259-1500
Command and Business Operations Center and
North Operating Center
11945 SW 70th Avenue
Tigard, Oregon 97223-9196
503-649-8577
June 14, 2018
Agnes Lindor
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
Re: Trillium Hill Sub-Div SUB2018-00003
Tax Lot I.D: 2S110DA Lots 0300/00400
Thank you for the opportunity to review the proposed site plan surrounding the above named development
project. These notes are provided in regards to the plans received May 21, 2018. There may be more or less
requirements needed based upon the final project design, however, Tualatin Valley Fire & Rescue will endorse
this proposal predicated on the following criteria and conditions of approval.
FIRE APPARATUS ACCESS:
1. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have
an unobstructed driving surface width of not less than 20 feet (26 feet adjacent to fire hydrants (OFC D103.1)) and an
unobstructed vertical clearance of not less than 13 feet 6 inches. (OFC 503.2.1)
2. NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and
20 feet of unobstructed driving surface, “No Parking” signs shall be installed on one or both sides of the roadway and
in turnarounds as needed. Signs shall read “NO PARKING - FIRE LANE” and shall be installed with a clear space above
grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have red letters on a white reflective
background. (OFC D103.6)
3. NO PARKING: Parking on emergency access roads shall be as follows (OFC D103.6.1-2):
1. 20-26 feet road width – no parking on either side of roadway
2. 26-32 feet road width – parking is allowed on one side
3. Greater than 32 feet road width – parking is not restricted
4. PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted red (or as approved) and
marked “NO PARKING FIRE LANE” at 25 foot intervals. Lettering shall have a stroke of not less than one inch wide by
six inches high. Lettering shall be white on red background (or as approved). (OFC 503.3)
5. FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on a fire apparatus
access road, the minimum road width shall be 26 feet and shall extend 20 feet before and after the point of the hydrant.
(OFC D103.1)
6. SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be surfaced as to provide all-weather driving capabilities. (OFC 503.2.3)
Attachment 4
Residential One- and Two-Family Development 3.4 – Page 2
7. ANGLE OF APPROACH/GR ADE FOR INTERSECTIONS: Intersections shall be level (maximum 5%) with the
exception of crowning for water run-off. (OFC 503.2.7 & D103.2)
8. ACCESS DURING CONSTRUCTION: Approved fire apparatus access roadways shall be installed and operational
prior to any combustible construction or storage of combustible materials on the site. Temporary address signage shall
also be provided during construction. (OFC 3309 and 3310.1)
9. TRAFFIC CALMING DEVICES: Shall be prohibited on fire access routes unless approved by the Fire Marshal. (OFC
503.4.1). Traffic calming measures linked here: http://www.tvfr.com/DocumentCenter/View/1578
FIREFIGHTING WATER SUPPLIES:
10. FIREFIGHTING WATER SUPPLY FOR INDIVIDUAL ONE- AND TWO-FAMILY DWELLINGS: The minimum available
fire flow for one and two-family dwellings served by a municipal water supply shall be 1,000 gallons per minute. If the
structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to OFC Appendix
B. (OFC B105.2)
11. FIRE FLOW WATER AVAILABILITY: Applicants shall provide documentation of a fire hydrant flow test or flow test
modeling of water availability from the local water purveyor if the project includes a new structure or increase in the floor
area of an existing structure. Tests shall be conducted from a fire hydrant within 400 feet for commercial projects, or
600 feet for residential development. Flow tests will be accepted if they were performed within 5 years as long as no
adverse modifications have been made to the supply system. Water availability information may not be required to be
submitted for every project. (OFC Appendix B)
12. WATER SUPPLY DURING CONSTRUCTION IN MUNICIPAL AREAS: In areas with fixed and reliable water supply,
approved firefighting water supplies shall be installed and operational prior to any combustible construction or storage
of combustible materials on the site. (OFC 3312.1)
FIRE HYDRANTS:
13. FIRE HYDRANTS – ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where the most remote
portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved
route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. (OFC 507.5.1)
14. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from
an approved fire apparatus access roadway unless approved by the Fire Marshal. (OFC C102.1)
15. REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of blue reflective
markers. They shall be located adjacent and to the side of the center line of the access roadway that the fire hydrant
is located on. In the case that there is no center line, then assume a center line and place the reflectors accordingly.
(OFC 507)
16. PHYSICAL PROTECTION: Where fire hydrants are subject to impact by a motor vehicle, guard posts, bollards or
other approved means of protection shall be provided. (OFC 507.5.6 & OFC 312)
Attachment 4
Residential One- and Two-Family Development 3.4 – Page 3
17. CLEAR SPACE AROUND FIRE HYDRANTS: A 3 foot clear space shall be provided around the circumference of fire
hydrants. (OFC 507.5.5)
BUILDING ACCESS AND FIRE SERVICE FEATURES
18. PREMISES IDENTIFICATION: New and existing buildings shall have approved address numbers; building numbers
or approved building identification placed in a position that is plainly legible and visible from the street or road fronting
the property, including monument signs. These num bers shall contrast with their background. Numbers shall be a
minimum of 4 inches high with a minimum stroke width of 1/2 inch. (OFC 505.1)
Provide a physical address on the new home, as well as, near the intersection of the private drive and public road
visible from both approaches of [enter road intersections here]
If you have questions or need further clarification, or would like to discuss any alternate methods and/or materials, please
feel free to contact me at 503-259-1504.
Sincerely,
John Wolff
John Wolff
Deputy Fire Marshal II
Email
John.Wolff@tvfr.com
Cc:
A full copy of the New Construction Fire Code Applications Guide for Residential Development is available at
http://www.tvfr.com/DocumentCenter/View/1438
Attachment 4
Attachment 5
Attachment 5
Attachment 5
Attachment 5
Attachment 5
Attachment 5
Attachment 5
Attachment 5
Attachment 5
TRILLIUM HILL PAGE 1 OF 32
7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION
Agenda Item: 7
Hearing Date: July 16, 2018 Time: 7:00PM
STAFF REPORT TO THE
PLANNNG COMMISSION
FOR THE CITY OF TIGARD, OREGON
120 DAYS = 09/13/2018
SECTION I. APPLICATION SUMMARY
FILE NAME: TRILLIUM HILL SUBDIVISION
CASE NO.: ZONE CHANGE ZON2018-00002
SUBDIVISION SUB2018-00003
PROPOSAL: The applicant is requesting approval for a zone change from R-3.5 to R-4.5 and a 14-lot
subdivision, located at 15050 and 15100 SW 109th Avenue. Proposed lots will range in size from
7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion
Drive west to provide a connection to SW 109th Avenue and create a new private street (Tierra
Terrace), which connects to SW Lady Marion Drive.
APPLICANT: Paceling Holding, LLC
Attn: Rick Perry
15685 SW 116th Avenue, Suite 205
Tigard, OR 97224
OWNER: Shawn and Mike Hagel
12780 SW Fielding Road
Lake Oswego, OR 97034
APPLICANT’S
REP.:
Pioneer Design Group
Wayne Hayson
9020 SW Washington Square Drive
Suite 170
Portland, OR 97223
LOCATION: 15050 and 15100 SW 109th Avenue; WCTM 2S110DA Tax Lots 00300 and 00400
COMPREHENSIVE
PLAN
DESIGNATION: Low-Density Residential
EXISTING
ZONE: R-3.5: low-density residential zone. The R-3.5 zone is designed to accommodate detached single-
family homes with or without accessory dwelling units at a minimum lot size of 10,000 square
feet. Duplexes are permitted conditionally. Some civic and institutional uses are permitted
conditionally.
PROPOSED
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
TRILLIUM HILL PAGE 2 OF 32
7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION
conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.110, 18.310, 18.320, 18.520, 18.710, 18.795,
18.830, 18.910, 18.920 and 18.930.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission find that the proposed Zone Change and Subdivision will not
adversely affect the health, safety, and welfare of the City and meets the applicable approval criteria as outlined in this
report. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval:
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO PERMIT SUBMITTAL:
1. Prior to permit submittal, submit an Autocad file of the preliminary plat for the review of street names and
assignment of addresses and pay address fee. Contact Oscar Contreras at 503-718-2678 for the submission of
the Autocad file. The address fee shall be assessed in accordance with the current Master Fee Schedule.
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:
2. 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.
3. 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 39 open grown trees and one stand.
4. 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 39 open grown
trees and one stand.
5. 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
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submittal the required information is found:
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 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 Codes, Municipal Codes
Tualatin Valley Fire and Rescue (TVF&R) Fire Codes
Other applicable County, State, and Federal Codes and Standard Guidelines
7. 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.
8. 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).
9. Prior to commencing site improvements, submit the exact legal name, address and telephone number of the
individual or corporate entity who will be designated as the “Permittee”, and who will provide the financial
assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership,
LLC, etc. Also, specify the state within which the entity is incorporated and provide the name of the corporate
contact person. Failure to provide accurate information will delay processing of project documents.
10. 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 includes
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
development.
11. Prior to commencing site improvements, provide a photometric analysis for review and approval. New LED
streetlights are required based on the photometric analysis; the applicant shall submit plans showing the location
of streetlights and type and color of poles and light fixtures for review and approval.
12. Prior to commencing site improvements, submit plans showing the following items for review and approval:
SW 109th Avenue shall include and shall be shown to have:
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30-foot from centerline right-of-way dedication
18-foot from centerline asphalt concrete pavement including 6-foot bike lane meeting City of Tigard
Neighborhood Route cross section
Curb and gutter
5-foot planter
5-foot concrete sidewalk
8-foot Public Utility Easement
Driveway approach
Street trees in the planter strip spaced per TDC requirements
Streetlights as recommended from the approved photometric analysis
Storm drainage improvement meeting CWS Design and Construction Standards
Underground utilities
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
Intersection radii meeting the City of Tigard Standards
Intersection curb ramp meeting the Public Right-of-way Accessibility Guidelines (PROWAG)
Pavement taper meeting the City of Tigard Standards
Street striping meeting MTUCD, ODOT and the City of Tigard Standards
SW Marion Drive shall include and shall be shown to have:
54-foot right-of-way dedication
32-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
Street trees in the planter strip spaced per TDC requirements
Streetlights as recommended from the approved photometric analysis
Residential driveway approaches
Storm drainage improvement meeting CWS Design and Construction Standards
Underground utilities
Curb radii meeting the City of Tigard Standards
Street signs, names and traffic control devices meeting the MUTCD and the City of Tigard Standards
Street profile and center line radius meeting the City of Tigard Standards
Private Street (Tierra Terrace) shall include and shall be shown to have:
26-foot asphalt concrete pavement
5-foot sidewalk on both sides of the street
Streetlights as recommended from the approved photometric analysis
Storm drainage improvement meeting CWS Design and Construction Standards
Underground utilities
Street signs, names
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Street profile and turnout meeting the City of Tigard Standards and TVF&R
13. Prior to commencing site improvements, mailbox locations shall be submitted for review and approval.
14. 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.
15. 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 the plans to CWS after preliminary review.
16. 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.
17. 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.
18. Prior to commencing site improvements, provide written approval from TVF&R for fire flow, hydrant
placement, and emergency vehicular access and turn around.
19. Prior to commencing site improvements, provide as part of the PFI Permit an erosion control plan. The plan
shall conform to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual” (current
edition).
20. Prior to commencing site improvements, submit a final grading plan 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.
21. 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.
22. Prior to commencing site improvements, submit Autocad file of the construction plan to the City for GIS
purposes.
23. Prior to commencing site improvements, pay a fee in lieu of undergrounding the existing overhead utilities
located across the right-of-way along the development frontage on SW 109th Avenue. The fee in lieu shall be
one-half of the total fee as calculated in accordance to the City of Tigard July 1, 2018 Fees and Charges
Schedule.
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
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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:
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. Submit a check in the amount of the current final plat review fee (Contact Planner on Duty, at 503-718-2421).
31. Prior to final plat approval, submit the Final Sight Distance Certification indicating that sight distances are
adequately provided at the intersection of SW Lady Marion Drive and SW 109th Avenue.
32. Prior to final plat approval, provide Autocad files of the as-built drawings
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.
18.830.080 Bond:
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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
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
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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 3.29-acre site is made up of two tax lots (WCTM 2S110DA, Tax Lots 300, and 400), located north of SW Kable
Street, east of SW 109th Avenue, and west of SW 107th Terrace at the terminus of SW Lady Marion Place. Proposed lots
will range in size from 7,218 square feet to 8,481 square feet. The applicant also proposes to extend SW Lady Marion
Drive west to provide a connection to SW 109th Avenue and create a new private street (Tierra Terrace), which connects
to SW Lady Marion Drive. The site is zoned Low-Density Residential (R-3.5) as are adjacent properties to the south and
east. Adjacent properties to the north and west are zoned Medium-Density Residential (R-12). The proposal includes a
zone change from R-3.5 to R-4.5.
Property History
A pre-application conference was held in 2009 (PRE2009-00020) for a 13-lot subdivision. No other 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 Notices of Public Hearing regarding this zone change and subdivision to affected parties on June 21, 2018.
The city received five public comments. Ms. Kristen Larsen sent an email on July 3, 2018, stating that she did not receive
the mailed notice and had concerns about water runoff, connecting sidewalks, and tree removal. Ms. Lynn Walker sent
an email on July 4, 2018 and submitted a written letter on July 5, 2018, stating concerns about traffic, stability of the
adjacent hillside, and traffic signage for safety. Mr. and Mrs. Allan and Patricia Rumbaugh, Mr. and Mrs. Ross, and Debbie
Rieke expressed concerns about the street design related to connectivity and general impacts of the rezone on existing
neighborhoods. No other public comments were received at the time this staff report was written.
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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:
Applicable Land Use Applications
18.795 Map and Text Amendments
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 Plan
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
18.795 Map and Text Amendments
18.795.030 Quasi-Judicial Amendments
A. Approval process.
1. Quasi-judicial zoning map amendments that do not require a comprehensive plan map
amendment shall be processed through a Type III-PC procedure, as provided in Section
18.710.070.
2. Quasi-judicial comprehensive plan map amendments shall be processed through a Type III-
Modified procedure, as provided in Section 18.710.080, which shall be decided by the city council
with a recommendation by planning commission.
3. Quasi-judicial zoning map amendments that require a comprehensive map plan amendment
shall be processed through a Type III-Modified procedure, as provided in Section 18.710.080,
which shall be decided by the city council with a recommendation by planning commission.
The applicant is requesting a concurrent review for a zone change and subdivision approval. The proposal includes a
zone change from R-3.5 to R-4.5, which does not require a comprehensive plan amendment. The comprehensive
plan designation will remain the same, Low Density Residential. Therefore, the Type III-PC procedure applies.
B. Approval criteria. A recommendation or decision for a quasi-judicial zoning map amendment or
quasi-judicial comprehensive plan amendment shall be based on the following:
1. Demonstration of compliance with all applicable comprehensive plan policies and map
designations; and
The applicant is proposing a zone change from R-3.5 to R-4.5. Both zones are within the low-density residential
comprehensive plan designation, therefore, the property will continue to comply with the applicable comprehensive
plan policies and the existing comprehensive plan map designation. This criterion is met.
2. Demonstration that adequate public services exist to serve the property at the intensity of
proposed zoning. Factors to consider include the projected service demands of the property, the
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ability of the existing and proposed public services to accommodate the future use, and the
characteristics of the property and development proposal, if any.
The proposed development will result in increased demand on public facilities, however, with the proposed localized
improvements to water, sanitary sewer, and storm drainage systems, street improvements and payment of System
Development Charges (SDCs), the site will be adequately served by public facilities.
The proposal includes extending a new water line from an existing line in SW Lady Marion Drive to connect to SW 109th
Drive and installation of required fire hydrants as determined by TVF&R. Sanitary sewer will also be extended from
existing lines in SW 109th Ave and SW Lady Marion Drive. Stormwater will be collected via storm pipes and catch basins
within the new public and private streets. The stormwater will be conveyed to a stormwater facility (Tract B) before
discharging into the city’s system. Other utilities will be provided to the site through underground lines at the time of
building construction. The development will extend SW Lady Marion Drive to the west to connect to SW 109th Avenue,
providing curb, gutter, sidewalk and planter strip. As described above, through the proposed improvements to the public
systems and payment of SDCs, the development will be adequately serviced by public services.
FINDING: Based on the analysis above, all of the applicable map and text amendments criteria have been fully met.
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 7,645 square feet. Four (4) of the proposed lots (Lots 1, 6, 7, and 10) 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 report, and through the
imposition of conditions of approval. All necessary conditions must be satisfied as part of the development and building
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process. This criterion is met.
2. In addition to the base zone regulations, the proposed lots shall meet the following:
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, “Trillium Hill” has been reserved.
Additionally, the applicant submitted a Subdivision Plat Naming form that was approved by the Washington County
Surveyor’s Office on April 11, 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 Lady Marion Drive, which will connect to SW 109th Avenue. A
dedication will be provided along SW 109th Avenue and the street will be improved in compliance with city standards.
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 Chapter 18.910, Improvement Standards of this report. 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.
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18.110.040 Densities
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 fourteen lots. The gross site area is 143,506 square feet and after the required right-of-
way dedication and private street (31,294 square feet), the net development area is 112,212 square feet. The site does not
have any sensitive lands or lands dedicated for parks. The maximum density is fourteen lots (112,212 / 7,500 = 14.9) and
the minimum density is eleven lots (14.9 x 0.8 = 11.9). 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.
7,218 sq. ft. to
8,481 sq. ft.
Minimum Lot Width
- Detached unit
50 ft.
55 ft. to 90 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.
N/A
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 7,645 square feet. Four (4) of the proposed lots (Lots 1, 6, 7, and 10) are below
the minimum lot size requirement of 7,500 square feet, but are not less than 80 percent of the minimum, which meets
the provision outlined in TDC 18.930.020.D. 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
55 feet, and the widest lot has an average lot width of approximately 90 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.
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.
TDC Table 18.765.2 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. Accordingly, compliance with this standard will be confirmed during the
building permit submittal process for all future development. This standard is 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.
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)
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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 administrative 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 1,102 feet; therefore, the site is required to have a minimum
of 28 street trees (1,102 feet divided by 40 feet, rounded to the nearest whole number). The applicant provided a tree
canopy site plan that shows 39 new street trees will be planted at this site. Furthermore, the project arborist (Morgan
Holen & Associates, LLC) submitted an Urban Forestry Plan Supplemental Report, which describes how the street trees
will be maintained according to the Street Tree Planting Standards and Street Tree Soil Volume Standards that are outlined
in the Urban Forestry Manual. These standards are met.
18.520 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 III Zone Change and Type II Subdivision. Accordingly, the requirements of TDC 18.5200
Urban Forestry apply.
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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 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, Morgan Holen & Associates, LLC. 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 40.4 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 added for
the applicant to provide a tree establishment bond that meets the requirements of the Urban Forestry Manual Section 11,
Part 2. This standard will be met through conditions of approval.
D. Urban forest inventory. Spatial and species specific data shall be collected according to the urban
forestry inventory requirements in the Urban Forestry Manual for each open grown tree and area of
stand grown trees in the tree canopy site plan 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 through
conditions of approval.
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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 a 14-lot subdivision adjacent to SW 109th Avenue and SW Lady Marion Drive. SW 109th Avenue is
a Neighborhood Route and SW Lady Marion Drive is a Local Street. They are both existing public streets.
The site plans show that the rights-of-ways of both SW 109th Avenue and SW Lady Marion Drive meet the City of Tigard
Neighborhood Route and Local Street cross sections at 60 feet and 54 feet respectively. A right-of-way dedication of 10
feet is proposed along the development frontage on SW 109th Avenue and a full 54-foot right-of-way dedication is
proposed for the street extension through the site connecting existing SW Lady Marion Drive to SW 109th Avenue.
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 Lady Marion Drive and half-street improvements on SW 109th Avenue. All the streets are
shown to have two-way travel lanes, curb and gutter, five-foot sidewalk and five-foot planter. Bike lane will be provided
on SW 109th Avenue and on street parking will be provided on both sides of the street on SW Lady Marion Drive. These
criterion are 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;
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 criterion is met.
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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 right-of-way on SW 109th Avenue is less than the current required right-of-way. The applicant proposes to
dedicate 30 feet right-of-way from centerline along the development frontage on SW 109th Avenue to provide a full street
for two-way travel lanes and pedestrian connection. Bike lanes will also be provided. A full 54-foot right-of-way
dedication will be provided for the street extension connecting existing SW Lady Marion Drive to SW 109th Avenue.
Dedication of right-of-way will be recorded through subdivision plat approval. These criterion are 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
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 109th Avenue and SW Lady Marion Drive. They are existing streets and
the grades of the streets will remain unchanged. This criterion 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:
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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.
All the existing streets are shown on the plan. This criterion 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. Bike lanes and on-street parking will be provided on SW 109th Avenue
and SW Lady Marion Drive respectively.
Additionally, the applicant will also provide storm drainage system associated with all street improvements. This criterion
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.
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 criterion 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.
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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 criterion 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.
Street connection will be provided with the proposed development. The site plans and narrative indicate that SW Lady
Marion Drive will extend through the site to connect to SW 109th Avenue. These criterion are 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 Lady Marion Drive will intersects SW 109th Avenue at a right angle. This criterion is met.
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 Lady Marion Drive and SW 109th Avenue
will be provided. This criterion 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 intersection between SW Lady Marion Drive and SW 109th Avenue will be at a right angle. This criterion is met.
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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 arterial streets. This standard is not applicable.
J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract are of less than
standard width, additional rights-of-way shall be provided at the time of subdivision or development.
The applicant proposes to dedicate 30 feet from centerline on SW 109th Avenue and a full 54 feet rights of way dedication
and SW Lady Marion Drive. This criterion 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 criterion 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.
New public street names are not proposed, however a private street is proposed. A name for the private street will be
Tierra Terrace, which has been approved. This criterion is met.
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 109th Avenue and SW Lady Marion Drive. They are existing streets and
the grades of the streets will remain unchanged. This criterion is met.
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, and driveway approaches are shown on the submitted site plans. This criterion 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.
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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. This criterion is met.
T. Private streets.
1. Design standards for private streets shall be established by the city engineer; and
2. The city shall require legal assurances for the continued maintenance of private streets, such as
a recorded maintenance agreement.
3. Private streets serving more than 6 dwelling units are permitted only within planned
developments, mobile home parks, and multi-family residential developments.
A private street is proposed. The private street (Tierra Terrace) is shown to have 26-foot pavement and five-foot sidewalk
on both sides of the street. The 26-feet of paved width will provide for parking on one side. Additionally, it is configured
with a hammer head turnout. The turnout must be reviewed and approved by TVF&R. This criterion 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. This criterion 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. This criterion 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 Engineering Division a photometric analysis of
the proposed development frontages for review and approval. Photometric analysis will follow the recommended values
and requirements per ANSI/IESNA. New streetlights are required based on the photometric analysis. The applicant
shall submit a plan showing the location of streetlights and type and color of pole and light fixture shall for review and
approval. This criterion is met through conditions of approval.
Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other
signs may be required.
Prior to commencing of site improvements, the applicants shall submit site plans showing location of street signs, street
names, and traffic control devices to Engineering for review and approval.
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Prior to final plat approval, all street signs, street names, and traffic control devices shall be constructed, completed,
and/or satisfied by the applicant. This criterion is met through conditions of approval.
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 criterion 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 Lady Marion Drive to connect to SW 109th Avenue, 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.
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
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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 along all rights of way for the placement of franchise utilities. This criterion 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 public and
private streets adjacent to the development. This criterion 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 and there is not a sidewalk
gap within 300 feet of the development. These criteria do not apply.
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 one street frontage.
The site plans indicate that a five-foot planter will be provided along all public streets adjacent to the development meeting
the standards. This criterion 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 criterion is met.
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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. This criterion is met through conditions of approval.
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.
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 proposed eight-inch
sanitary sewer systems on SW Lady Marion Drive and the private street (Tierra Terrace). The proposed system is shown
connecting to the existing public sanitary sewer system on SW 109th Avenue. Additionally, a public sanitary sewer
extension to the north edge of the development on SW 109th Avenue for future connection is proposed.
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.
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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. This criterion is met through conditions of approval.
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 Lady Marion Drive and the private
street (Tierra Terrace). Both new and existing public sanitary sewer systems and storm drainage systems are separate and
independent from one another. This criterion 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
Lady Marion Drive and the private street (Tierra Terrace). A water quality/detention facility is also proposed and located
on its own tract on the southwest cornner of the development with access from SW 109th Avenue. Street run-off will be
collected and detained in the water quality/detention facility prior to releasing to the existing system located in SW 109th
Avenue. Surface water shall not be carried across the intersection and allowed to flood the streets and adjacent properties.
Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing how run-off generated
by the development will be collected, conveyed, treated, and detained for review and approval. The design of storm
drainage improvement shall be in accordance with CWS Design and Construction Standards. This criterion is met through
conditions of approval.
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 criterion is met.
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 B) is
proposed for storm water quality and detention and will be dedicated to the City of Tigard. This criterion does not apply.
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 criterion does not apply.
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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 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. This criterion is met through conditions of approval.
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 109th Avenue, a designated bicycle route. Bike lanes re proposed along SW
109th Avenue. This criterion 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.
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The applicant’s narrative and site plans indicates that all new utilities including storm, sanitary, water, and dry utilities are
going to be placed underground. This criterion 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.
The applicant’s narrative states that show all proposed storm, sanitary, and water as well as associated services and facilities
will be placed underground. This criterion 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.
There are existing overhead utilities located across the right-of-way along the development frontage on SW 109th Avenue.
The applicant shall pay a fee in lieu. This criterion is met through conditions of approval.
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.
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Prior to commencing site improvements, pay a fee in lieu of undergrounding the existing overhead utilities located across
the right-of-way along the development frontage on SW 109th Avenue. The fee in lieu shall be one-half of the total fee
as calculated in accordance to the City of Tigard July 1, 2018 Fees and Charges Schedule. This criterion is met through
conditions of approval.
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 a 14-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 provision 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.
As demonstrated on the applicant’s submitted plans, all proposed lots will connect directly with the extension of SW Lady
Marion Drive, SW 109th Avenue or the proposed private street (Tierra Terrace). All access shall be maintained at the
required standards on a continuous basis. 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 a 14-lot subdivision adjacent to SW 109th Avenue and SW Lady Marion Drive.
A Traffic Impact Study is not required. However; a preliminary sight distance certification prepared by Pioneer Design
Group, Inc. dated March 14, 2018 was submitted as part of the land use application. The certification indicated that there
are 312 feet and 372 feet of sight distances available to both north and south directions respectively at the intersection of
SW Lady Marion Drive and SW 109th Avenue. The required sight distances were calculated at 250 feet.
Prior to final plat approval, the applicant shall submit to the Engineering Division the Final Sight Distance Certification
indicating that sight distances are adequately provided at the intersection of SW Lady Marion Drive and SW 109th Avenue.
This criterion is met through conditions of approval.
2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street
intersections. Influence area of intersections is that area where queues of traffic commonly form on
approach to an intersection. The minimum driveway setback from a collector or arterial street
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7/16/2018 PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION
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.
The development is not adjacent to a collector or arterial street. This standard does not apply.
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 either a Neighborhood Route or a Local Street. The new intersection between
SW Lady Marion Drive and SW 109th Avenue is located more than 125 feet to the nearest streets in either direction. This
criterion 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)
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 on all existing and
proposed streets, as demonstrated on the applicant’s submitted plans. This standard is met.
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 a 14-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
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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 states that visual clearance areas will be maintained on the corners of all properties adjacent to
the intersection of two streets, and driveways providing access to a public street. Additionally, the applicant is not
proposing any development on the subject lots at this time. Accordingly, compliance with visual clearance requirements
will be confirmed during the building permit submittal process for all future development. These standards are met.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Tracts and Tract Recordation:
Tract B is a stormwater tract for the purposes of water quality and detention. Tract B will be owned and maintained by
the City. Tract A is for the private street (Tierra Terrace) and Tract C is for retaining walls. Tracts A and C will be owned
and maintained by the Homeowners Association (HOA). All tracts shall be recorded on separate documents per the
Washington County Surveyor Office.
Fire and Life Safety:
Emergency vehicle turn around, location of fire hydrants, and fire flow must be reviewed and approved by TVF&R prior
to commencement site improvements.
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 new eight-inch DI main
on SW Lady Marion Drive. Water meters serving Lots 10 through 14 shall be located on SW Lady Marion Drive. An
irrigation meter for the storm water quality and detention facility on Tract B is proposed off the existing water main on
SW 109th Avenue. 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/Detention:
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 B shall be dedicated to the City at final plat.
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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.
The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10 percent
and 20 percent, as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary
in determining if special grading inspections and/or permits will be necessary when the lots develop.
Address Assignments:
The City of Tigard is responsible for 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 names and assignment of addresses.
Contact Oscar Contreras at 503-718-2678 for the submission of the Autocad file. Prior to permit submittal, 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 measurements and the angle from north
to grid north. These coordinates can be established by:
GPS tie networked to the City’s GPS survey.
By random traverse using conventional surveying methods.
In addition, the applicant’s as-built drawings shall be tied to the GPS network. The applicant’s engineer shall provide
the City with an 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 stated that address signage be
posted at entrance of private street identifying house numbers located off private street.
The City of Tigard Public Works Department was sent a copy of the applicant’s proposal, and stated that the irrigation
VICINITY MAP
ZON2018-00002
SUB2018-00003
Trillium Hill
Subject Site
Approx. Scale 1:2,000 - 1 in = 167 ft
Map printed at 06:42 AM on 03-Apr-18
Information on this map is for general location only and should be verified with
the Development Services Division.
DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD
MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE
CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY OF
THE DATA PROVIDED HEREIN. THE CITY OF TIGARD SHALL ASSUME NO
LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE
INFORMATION PROVIDED REGARDLESS OF HOW CAUSED.
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
503 639-4171
www.tigard-or.gov
Attachment 1
Attachment 2
ENGINEERING COMMENTS PAGE 1
MEMORANDUM
CITY OF TIGARD, OREGON
DATE: June 5, 2018
TO: Agnes Lindor, Associate Planner
FROM: Khoi Le, Principal Engineer
PROJECT: SUB2018-00003
TRILLIUM HILL SUBDIVISION
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 title are constructed adjacent to the
development.
4. Any new street or additional street width planned as a portion of an existing street
shall meet the standards of this chapter.
The development is a 14-lot Subdivision adjacent to SW 109th Ave and SW Lady Marion Drive.
109th Ave is a Neighborhood Route and Lady Marion Dr is a Local Street. They are both
existing public streets in Tigard.
The site plans show that the rights of way of both 109th Ave and Lady Marion are meeting
the City of Tigard Neighborhood Route and Local Street cross sections at 60 feet and 54
feet respectively. A right of way dedication of 10 feet is proposed along the development
frontage on 109th Ave and a full 54-foot right of way dedication is proposed for the street
extension thru the site connecting existing Lady Marion Dr to 109th Ave.
The site plans also show that all the streets adjacent to the development will be improved.
The improvement will include full street construction on Lady Marion Dr, half-street
construction on 109th Ave. All the streets are shown to have two-way travel lanes, curb and
gutter, 5-foot sidewalk and 5-foot planter. Bike lane will be provided on 109th Ave and on
street parking will be provided on both sides of the street on Lady Marion Dr.
5. If the city could and would otherwise require the applicant to provide street
improvements, the city engineer may accept a future improvements guarantee in lieu of
street improvements if one or more of the following condition exist:
Attachment 3
ENGINEERING COMMENTS PAGE 2
a. A partial improvement is not feasible due to the inability to achieve proper
design standards;
b. A partial improvement may create a potential safety hazard to motorist or
pedestrians;
c. Due to the nature of existing development on adjacent properties it is unlikely
that street improvements would be extended in the foreseeable future and the
improvement associated with the project under review does not, by itself,
provide a significant improvement to street safety or capacity;
d. The improvement would be in conflict with an adopted capital improvement
plan;
e. The improvement is associated with an approved land partition on property
zoned residential and proposed land partition does not create any new streets; or
f. Additional planning work is required to define the appropriate design standards
for the street and the application is for a project which would contribute only a
minor portion of the anticipated future traffic on the street.
The narrative and site plans indicate that the street improvements will be provided. The
Applicant does not propose to pay a fee in lieu for street improvements.
B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be
created through the approval of a final subdivision plat or major partition; however, the
council may approve the creation of a street by acceptance of a deed, provided that
such street is deemed essential by the council for the purpose of general traffic
condition.
1. The council may approve the creation of a street by deed of dedication without full
compliance with the regulations applicable to subdivisions or major partitions if any
one or more of the following conditions are found by the council to be present:
a. Establishment of a street is initiated by the council and is found to be essential
for the purpose of general traffic circulation, and partitioning or subdivision of
land has an incidental effect rather than being the primary objective in
establishing the road or street for public use; or
b. The tract in which the road or street is to be dedicated is an isolated ownership
of one acre or less and such dedication is recommended by the commission to
the council based on a finding that the proposal is not an attempt to evade the
provisions of this title governing the control of subdivisions or major partitions.
c. The street is located within the downtown mixed use central business district
and has been identified on Figure 5-14A through 5-14L of the City of Tigard 2035
Transportation System Plan as a required connectivity improvement.
2. With each application for approval of a road or street right-of-way not in full
compliance with the regulations applicable to the standards, the proposed dedication
shall be made a condition of subdivision and major partition approval.
a. The applicant shall submit such additional and justification as may be necessary
to enable the commission in its review to determine whether or not a
recommendation for approval by the council shall be made.
Attachment 3
ENGINEERING COMMENTS PAGE 3
b. The recommendation, if any, shall be based upon a finding that the proposal is
not in conflict with the purpose of this title.
c. The commission in submitting the proposal with a recommendation to the
council may attach conditions which area necessary to preserve the standards of
this title.
3. All deeds of dedication shall be in a form prescribed by the city and shall name “the
public” as grantee.
The existing right of way on 109th Ave is less than the current required right of way. The
Applicant proposes to dedicate 30 feet right of way from centerline along the development
frontage on 109th Ave to provide full streets for two-way travel lanes and pedestrian
connections. Bike lane will also be provided. A full 54-foot right of way dedication will be
provided for the street extension connecting existing Lady Marion Dr to 109th Ave.
Dedication of right of way will be recorded via subdivision plat approval.
C. Creation of access easement. The approval authority may approve an access
easement established by deed without full compliance with this title provided such an
easement is the only reasonable method by which a lot large enough to develop can be
created.
1. Access easements shall be provided and maintained in accordance with the Uniform
Fire Code, Section 10.207.
2. Access shall be in accordance with 18.705.030.H and I.
No access easement is proposed or deemed necessary.
D. Street location, width and grade. Except as noted below, the location, width and
grade of all streets shall conform to an approved street plan and shall be considered in
their relation to existing and planned streets, to topographic conditions, to public
convenience and safety, and in their appropriate relation to the purposed use of the land
to be served by such streets:
1. Street grades shall be approved by the city engineer in accordance with subsection N
of this section; and
The proposed development is adjacent to 109th Ave and Lady Marion Dr. They are existing
streets and the grades of the streets will remain unchanged.
2. Where the location of a street is not shown in an approved street plan, the
arrangement of streets in a development shall either:
a. Provide for the continuation or appropriate projection of existing streets in the
surrounding areas, or
b. Conform to a plan adopted by the commission, if it is impractical to conform to
existing street pattern because of particular topographical or other existing
conditions of the land. Such a plan shall be based on the type of land use to be
Attachment 3
ENGINEERING COMMENTS PAGE 4
served, the volume of traffic, the capacity of adjoining streets and the need for
public convenience and safety.
All the existing streets are shown on the plan.
E. Minimum Rights-of-Way and Street Widths: Unless otherwise indicated on an
approved street plan, or as needed to continue an existing improved street or within
the Downtown District, street right-of-way and roadway widths shall not be less than
the minimum width described below. Where a range is indicated, the width shall be
determined by the decision-making authority based upon anticipated average daily
traffic (ADT) on the new street segment. (The City Council may adopt by resolution,
design standards for street construction and other public improvements. The design
standards will provide guidance for determining improvement requirements within
the specified ranges.) These are presented in Table 18.810.1
1. The decision-making body shall make its decision about desired right-of-way
width and pavement width of the various street types within the subdivision or
development after consideration of the following:
a. The type of road as set forth in the comprehensive plan transportation chapter-
functional street classification.
b. Anticipated traffic generation.
c. On-street parking needs.
d. Sidewalk and bikeway requirements.
e. Requirements for placement of utilities.
f. Street lighting.
g. Drainage and slope impacts.
h. Street tree location.
i. Planting and landscape areas.
j. Safety and comfort for motorists, bicyclists, and pedestrians.
k. Access needs for emergency vehicles.
The 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. Bike lane and on street parking will be provided on 109th Ave and Lady Marion Dr
respectively.
Additionally, the Applicant will also provide storm drainage system associated with all street
improvements.
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
Attachment 3
ENGINEERING COMMENTS PAGE 5
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.
b. b. Identify existing or proposed bus routes, pullouts or other transit facilities,
bicycle routes and pedestrian facilities on or within 530 feet of the site.
The proposed development is not adjacent to within 530 feet of a bus route.
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.
G. Street spacing and access management. Refer to 18.920.030.H
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
precluded when it is not possible to redesign, or reconfigure the street pattern to
provide required extensions. Land is considered topographically constrained if the
slope is greater than 15% for a distance of 250 feet or more. In the case of
environmental or topographical constraints, the mere presence of a constraint is not
sufficient to show that a street connection is not possible. The applicant must show
why the constraint precludes some reasonable street connection.
3. Proposed street or street extensions shall be located to provide direct access to
existing or planned transit stops, commercial services, and other neighborhood
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ENGINEERING COMMENTS PAGE 6
facilities, such as schools, shopping areas and parks.
4. All development shall provide an internal network of connecting streets that provide
short, direct travel routes and minimize travel distances within the development.
Street connection will be provided with the proposed development. The site plans and
narrative indicate that Lady Marion Dr extends through the site to connect to 109th Ave.
I. Intersection angles. Street shall be laid out so as to intersect at an angle as near to a
right angle as practical, except where topography requires a lesser angle, but in no case
shall the angle be less than 75° unless there is special intersection design, and:
Lady Marion Dr will intersects 109th Ave at a right angle.
1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way
intersection unless topography requires a lesser distance;
At least 25 feet of tangent adjacent to the right of way intersection between Lady Marion Dr
and 109th Ave will be provided.
2. Intersections which are not at right angles shall have a minimum corner radius of
20 feet along the right of way line of the acute angles;
The intersection between Lady Marion Dr and 109th Ave will be at a right angle.
3. Right-of-way lines intersection with arterial streets shall have a corner radius of
not less than 20 feet.
No street adjacent to the development is an Arterial St. This standard is not applicable.
J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract
are less than standard width, additional rights-of-way shall be provided at the time of
subdivision or development.
The Applicant proposes to dedicate 30 feet from centerline and a full 54 feet rights of way
dedication on 109th Ave and Lady Marion Dr respectively.
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 adjoining property developed.
No partial improvement is proposed.
L. Cul-de-sac
No cul-de-sac is proposed or deemed necessary.
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ENGINEERING COMMENTS PAGE 7
M. Street name. No street name shall be used which will duplicate or be confused with
the names of existing streets in Washington County, except for extensions of existing
streets. Street names and numbers shall conform to the established pattern in the
surrounding area and as approved by the city engineer.
No new public street name is proposed however a private street is proposed. A name for the
private street will be submitted to the City for review and approval.
N. Grades and curves.
1. Grades shall not exceed 10% on arterials, 12% on collector streets, or 12% on any
other street (except that local or residential access streets may have segments with
grades up to 15% for distances of no greater than 250 feet); and
2. Centerline radii of curves shall be as determined by the city engineer.
The proposed development is adjacent to 109th Ave and Lady Marion Dr. They are existing
streets and the grades of the streets will remain unchanged.
O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts,
wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance
with standards specified in this chapter and Section 15.04.080, and:
1. Concrete curbs and driveway approaches are required; except:
2. Where no sidewalk is planned, an asphalt approach may be constructed with city
engineer approval; and
3. Asphalt and concrete driveway approaches to the property line shall be built to city
configuration standards.
Curbs, curb cuts, and driveway approaches are shown on the submitted site plans.
P. Street adjacent to railroad right-of-way.
The proposed site is not adjacent to a railroad right-of-way. This standard is not applicable.
Q. Access to arterials and collectors. Where a development abuts or is traversed by an
existing or proposed arterial or collector street, the development design shall provide
adequate protection for residential properties and shall separate residential access
and through traffic, or if separation is not feasible, the design shall minimize the
traffic conflicts. The design shall include any of the following:
1. A parallel access street along the arterial or collector;
2. Lots of suitable depth abutting the arterial or collector to provide adequate
buffering with frontage along another street;
3. Screen planting at the rear or side property line to be contained in a nonaccess
reservation along the arterial or collector; or
4. Other treatment suitable to meet the objectives of this subsection;
5. If a lot has access to two streets with different classifications, primary access
Attachment 3
ENGINEERING COMMENTS PAGE 8
should be from the lower classification street.
The proposed development is not adjacent to a Collector Street or an Arterial Street.
R. Alleys, public or private.
The site does not propose any alleys, public or private.
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.
T. Private streets.
1. Design standards for private streets shall be established by the city engineer; and
2. The city shall require legal assurances for the continued maintenance of private
streets, such as a recorded maintenance agreement.
3. Private streets serving more than six dwelling units are permitted only within
planned developments, mobile home parks, and multi-family residential
developments.
A private street is proposed. The private street is shown to have 26-foot pavement and 5-
foot sidewalk on both sides of the street. The 26-feet of paved width will provide for
parking on one side. Additionally, it is configured with hammer head turnout. The turnout
must be reviewed and approved by Tualatin Valley Fire & Rescue (TVF&R).
U. Railroad Crossing.
The proposed site is not adjacent to any railroad crossing. This standard is not applicable.
V. Street Signs. The city shall install all street signs, relative to traffic control and
street names, as specified by the city engineer for any development. The cost of
signs shall be the responsibility of the developer.
Prior to commencing of site improvements, the Applicants shall submit site plans showing
location of street signs, names, and traffic control devices to Engineering for review and
approval.
Prior to final plat approval, all street signs, street names, and traffic control devices shall be
constructed, completed, and/or satisfied by the Applicant.
W. Mail Boxes. Joint mailbox facilities shall be provided in all residential
developments, with each joint mailbox serving at least two dwelling units.
Attachment 3
ENGINEERING COMMENTS PAGE 9
1. Joint mailbox structures shall be placed adjacent to road curbs;
2. Proposed locations of joint mailboxes shall be designed on a copy of the
preliminary plat or development plan, and shall be approved by the city
engineer/U.S. post office prior to final plan approval; and
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. Mailbox locations must be submitted for review
and approval prior to commencing site improvements.
X. Traffic Signal. The location of traffic signals shall be noted on approval street
plans. Where a proposed street intersection will result in an immediate need for a
traffic signal, a signal meeting approval specifications shall be installed. The cost
shall be included as a condition of development.
No traffic signal is required. This standard is not applicable.
Y. Streetlight standards. Streetlights shall be installed in accordance with
regulations adopted by the city’s direction.
Prior to commencing of site improvements, the Applicant shall provide Engineering
Division a photometric analysis of the proposed development frontages for 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 to
Engineering for review and approval. Type and color of pole and light fixture shall also be
included on the plan for review and approval.
Z. Street name signs. Street name signs shall be installed at all street intersections.
Stop signs and other signs may be required.
Prior to commencing of site improvements, the Applicants shall submit site plans showing
location of street signs, street names, and traffic control devices to Engineering for review
and approval.
Prior to final plat approval, all street signs, street names, and traffic control devices shall be
constructed, completed, and/or satisfied by the Applicant.
AA. Street cross-section. The final lift of asphalt concrete pavement shall be placed
on all new constructed public roadways prior to final city acceptance of the roadway
and within one year of the conditional acceptance of the roadway unless otherwise
approved by the city engineer. The final lift shall also be placed no later than when
90% of the structures in the new development are completed or three years from the
commencement of initial construction of the development, whichever is less.
1. Sub-base and leveling course shall be of select crushed rock;
2. Surface material shall be of Class C or B asphalt concrete;
Attachment 3
ENGINEERING COMMENTS PAGE 10
3. The final lift shall be place on all new construction roadways prior to final city
acceptance of the roadway; however, no before 90%of the structures in the new
development are completed unless three years have elapsed since initiation of
construction in the development.;
4. The final lift shall be Class C asphalt concrete as defined by A.P.W.A. standards
specifications; and
5. No lift shall be less than 1-1/2 inches in thickness.
The Applicant’s site plans called out the structural cross sections of the streets and they meet
the City of Tigard standard cross sections.
BB. Traffic calming. When, in the opinion of the city engineer, the proposed
development will create negative traffic condition on existing neighborhood streets,
such as excessive speeding, the developer may be required to provide traffic calming
measures. These measures may be required within the development and/or offsite
as deemed appropriate. As an alternative, the developer may be required to deposit
funds with the city to help pay for traffic calming measures that become necessary
once the development is occupied and the city engineer will determine the amount of
funds required, and will collect said funds from the developer prior to the issuance of
a certificate of occupancy, or in the case of subdivision, prior to the approval of the
final plat. The funds will be held by the city for a period of five years from the date of
issuance of certificate of occupancy, or in the case of a subdivision, the date of final
plat approval. Any funds not used by the city within the five-year time period will be
refunded to the developer.
No traffic calming is proposed or deemed necessary.
CC. Traffic Study.
1. A traffic study shall be required for all new or expanded uses or developments
under any of the following circumstances:
a. When they generate a 10% or greater increase in existing traffic to high
collision intersections identified by Washington County.
b. Trip generation from development onto the city street at the point of access
and the existing ADT fall within the following ranges:
Existing ADT ADT to be added by development
0-3000 vpd 2,000 vpd
3,001-6,000 vpd 1,000 vpd
>6,000 vpd 500 vpd or more
c. If any of the following issues become evident to the city engineer:
i. High traffic volumes on the adjacent roadway that may affect movement
into or out of the site.
ii. Lack of existing left-turn lanes onto the adjacent roadway at the prosed
access drive(s).
Attachment 3
ENGINEERING COMMENTS PAGE 11
iii. Inadequate horizontal or vertical sight distance at access points.
iv. The proximity of the proposed access to other existing drives or
intersections is a potential hazard.
v. The proposal requires a conditional use permit or involves a drive through
operation.
vi. The proposed development may result in excessive traffic volumes on
adjacent local streets.
2. In addition, a traffic study may be required for all new or expanded uses or
developments under any of the following circumstances:
a. When the site is within 500 feet of an ODOT facilities; and/or
b. Trip generation from a development adds 300 or more vehicle trips per day to
an ODOT facility; and/or
c. Trip generation from a development adds 50 or more peak hour trips to an
ODOT facility.
Traffic Impact Analysis (TIA) is not required or deemed necessary.
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 drainage way, there shall be
provided a stormwater easement or drainage right-of-way conforming substantial
with the lines of the watercourse.
B. Utility Easements. A property owner proposing a development shall make
arrangement with the city, the applicable district, and each utility franchise for the
provision and dedication of utility easements necessary to provide full services to the
development. The city’s standard width for public main line utility easements shall
be 15 feet unless otherwise specified by the utility company, applicable district, or
city engineer.
The proposed development is not traversed by a watercourse or drainage way.
The site plans show that an 8-foot Public Utility Easement (PUE) along all rights of way for
the placement of franchise utilities.
18.910.70 Sidewalk.
A. All industrial streets and private streets shall have sidewalks meeting city
standards along at least one side of the street. All other streets shall have sidewalks
meeting the city standards along both sides of the street. A development may be
approved if an adjoining street has sidewalks on the side adjoining the development,
even if no sidewalk exists on the other side of the street.
No industrial street is proposed or deemed necessary. 5-foot concrete sidewalk is proposed
along all the public and private streets adjacent to the development.
B. Requirement of developers.
Attachment 3
ENGINEERING COMMENTS PAGE 12
1. As part of any development proposal, or change in use resulting in an additional
1,000 vehicle trips or more per day, an applicant shall be required to identify direct,
safe (1.25 x the straight line distance) pedestrian route within ½ mile of their site to
all transit facilities and neighborhood activity centers (schools, parks, libraries, etc.).
In addition, the developer may be required to participate in the removal of any gaps
in the pedestrian system off-site if justified by the development.
2. If there is an existing sidewalk on the same side of the street as the development
within 300 feet of a development site in either direction, the sidewalk shall be
extended from the site to meet the existing sidewalk, subject to rough proportionality
(even if the sidewalk does not serve a neighborhood activity center).
The proposed development does not generate an additional 1,000 vehicle trips or more per
day.
There is not a sidewalk gap within 300 feet of the development.
C. Planter strip requirements. A planter strip separation of at least five feet between
the curb and the sidewalk shall be required in the design of streets, except where the
following conditions exist: There is inadequate right-of-way; the curbside sidewalks
already exist on predominant portions of the street; it would conflict with utilities;
there are significant natural features (large trees, water features, significant habitat
areas, etc.) that would be destroyed if the sidewalk were located as required; or where
there are existing structures in close proximity to the street (15 feet or less) or where
the standards in Table 18.810.1 specify otherwise. Additional consideration of
exempting the planter strip requirement may be given on a case-by-case basis if a
property abuts more than one street frontage.
The site plans indicate that a 5-foot planter will be provided along all public streets adjacent to
the development meeting the standards.
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.
E. Application for permit and inspection. If the construction of a sidewalk is not
included in the performance bond of an approved subdivision or the performance
bond has lapsed, then every person, firm or corporation desiring to construct
sidewalks as provided by this chapter, shall be before entering upon the work or
improvement, apply for a street opening permit to the Engineering Department to so
build or construct:
1. An occupancy permit shall not be issued for a development until the provision of
this section is satisfied.
2. The city engineer may issue a permit and certificate allowing temporary
noncompliance with the provision of this section to the owner, builder or contractor
Attachment 3
ENGINEERING COMMENTS PAGE 13
when, in his or her opinion, the construction of the sidewalk is impractical for one or
more of the following reasons:
a. Sidewalk grades have not and cannot be established for the property in
question within a reasonable length of time.
b. Forthcoming installation of public utilities or street paving would be likely to
cause severe damage to the new sidewalk.
c. Street right-of-way is insufficient to accommodate a sidewalk on one or both
sides of the street; or,
d. Topography or elevation of the sidewalk base area makes construction of
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.
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 accordance with the provisions set
forth in Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by the Unified Sewerage Agency in 1996 and including any
future revisions or amendments) and the adopted policies of the comprehensive plan.
B. Sewer plan approval. The city engineer shall approve all sanitary sewer plans and
proposed systems prior to issuance of development permits involving sewer service.
C. Over-sizing. Proposed sewer systems shall include consideration of additional
development within the area as projected by the comprehensive plan.
D. Permit Denied. Development permits may be restricted by the commission or
hearing officer where a deficiency exists in the existing sewer system or portion
thereof which cannot be rectified within the development and which if not rectified
will result in a threat to public health or safety, surcharging of existing mains, or
violations of state or federal standards pertaining to operation of the sewage
treatment system.
The Applicant’s narrative and site plans indicate that all the lots in the proposed
development will be serviced and connected to public sanitary sewer systems via service
laterals. All the services will be served off the proposed 8-inch sanitary sewer systems on
Lady Marion Dr and the private street. The proposed system is shown connecting to the
existing public sanitary sewer system on 109th Ave.
Additionally, a public sanitary sewer extension to the north edge of the development on
109th Ave for future connection is proposed.
Attachment 3
ENGINEERING COMMENTS PAGE 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.
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.
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 Lady Marion
Dr and the private street. Both new and existing public sanitary sewer systems and storm
drainage systems are separate and independent from one another.
2. Where possible, inlets shall be provided so surface water is not carried across any
intersection or allowed to flood any street; and
The site plans indicate that a public drainage system including manholes, inlets, and a 12-
inch main are proposed in Lady Marion Dr and the private street. A water quality/detention
facility is also proposed and located on its own tract on the southwest cornner of the
development with access taking from 109th Ave. 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 109th Ave. 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, 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 CleanWater Services Design and Construction
Standards.
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.
Attachment 3
ENGINEERING COMMENTS PAGE 15
B. Easement. Where a development is traversed by a watercourse, drainageway,
channel or stream, there shall be provided a stormwater easement or drainage right-of-
way conforming substantially with the lines of such watercourse and such further width
as will be adequate for conveyance and maintenance.
The site is not traversed by a watercourse, drainageway, channel or stream.
The site plans show that a tract (Tract B) is proposed for storm water quality and detention
and will be dedicated to the City of Tigard.
C. Accommodation of upstream drainage. A culvert or other drainage facility shall be
large enough to accommodate potential runoff from its entire upstream drainage
area, whether inside or outside the development, and the city engineer shall approve
the necessary size of the facility, based on the provisions of Design and Construction
Standards for Sanitary and Surface Water Management (as adopted by the Unified
Sewerage Agency in 1996 and including any future revisions or amendments).
There is no upstream basin that flows across the subject site.
D. Effect on downstream drainage. Where it is anticipated by the city engineer that
the additional runoff resulting from the development will overload an existing
drainage facility, the director and engineer shall withhold approval of the
development until provisions have been made for improvement of the potential
condition or until provisions have been made for storage of additional runoff caused
by the development in accordance with the Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by the Unified Sewerage
Agency in 1996 and including any future revisions or amendments).
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.
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
Attachment 3
ENGINEERING COMMENTS PAGE 16
(TSP). Bike lane requirements along collectors within the downtown urban renewal
district shall be determined by the city engineer unless specified in Table 18.810.1.
2. Developments adjoining proposed bikeways identified on the city’s adopted
pedestrian/bikeway plan shall include provisions for the future extension of such
bikeways through the dedication of easements or rights-of-way, provided such
dedication is directly related to and roughly proportional to the impact of the
development.
3. Any new street improvement project shall include bicycle lanes as required in this
document and on the adopted bicycle plan.
The proposed development is adjacent to 109th Ave, a designated bicycle route.
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.
B. Information on development plans. The applicant for a development shall show
on the development plan or in the explanatory information, easements for all
underground facilities, and:
1. Plans showing the location of all underground facilities as described herein shall
be submitted to the city engineer for review and approval;
2. Care shall be taken in all cases to ensure that above ground equipment does not
obstruct vision clearance areas for vehicular traffic.
C. Exception to undergrounding requirement.
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.
Attachment 3
ENGINEERING COMMENTS PAGE 17
2. An applicant for a development which is served by utilities which are not
underground and which are located across a public right-of-way from the applicant’s
property shall pay the fee in-lieu of undergrounding.
3. Properties within the CBD zoning district shall be exempt from the requirements
for undergrounding of utility lines and from the fee in-lieu of undergrounding.
4. The exceptions in paragraphs 1 through 3 of this subsection C shall apply only to
existing utility lines. All new utility lines shall be placed underground.
D. Fee in-lieu of undergrounding.
1. The city engineer shall establish utility service areas in the city. All development
which occurs within a utility service area shall pay a fee in-lieu of undergrounding for
utilities if the development does not provide underground utilities, unless exempted
by this code.
2. The city engineer shall establish the fee by utility service area which shall be
determined based upon the estimated cost to underground utilities within each
service area. The total estimated cost for undergrounding in a service area shall be
allocated on a front-foot basis to each party within the service area. The fee due from
any developer shall be calculated based on a front-foot basis.
3. A developer shall receive a credit against the fee for costs incurred in the
undergrounding of existing overhead utilities. The city engineer shall determine the
amount of the credit, after review of cost information submitted by the applicant with
the request for credit.
4. The funds collected in each service area shall be used for undergrounding utilities
within the city at large. The city engineer shall prepare and maintain a list of
proposed undergrounding projects which may be funded with the fees collected by
the city. The list shall indicate the estimated timing and cost of each project. The list
shall be submitted to the city council for their review and approval annually.
There are existing overhead utilities located across the right of way along the development
frontage on 109th Ave. The applicant shall pay a fee in lieu per the criterion in TDC Section
18.910.120.C.2.
Prior to commencing site improvements, pay a fee in lieu of undergrounding the existing
overhead utilities located across the right of way along the development frontage on 109th
Ave. The fee in lieu shall be one-half of the total fee as calculated in accordance to the City
of Tigard July 1, 2018 Fees and Charges Schedule.
18.920.030. General Provision
18.920.30.H Access Management
1. An access report shall be submitted with all new development proposals which
verifies design of driveways and streets are safe by meeting adequate stacking needs,
sight distance and deceleration standards as set by ODOT, Washington County, the
City and AASHTO (depending on jurisdiction of facility)
The proposed development is a 14-lot subdivision adjacent to 109th Ave and Lady Marion
Dr.
Attachment 3
ENGINEERING COMMENTS PAGE 18
A Traffic Impact Study (TIA) is not required however; a preliminary sight distance
certification prepared by Pioneer Design Group, Inc. dated March 14, 2018 was submitted as
part of the land use application. The certification indicated that there are 312 feet and 372
feet of sight distances available to both north and south directions respectively at the
intersection of Lady Marion Dr and 109th Ave. The required sight distances were calculated
at 250 feet.
Prior to final plat approval, the Applicant shall submit to the Engineering Division the Final
Sight Distance Certification indicating that sight distances are adequately provided at the
intersection of Lady Marion Dr and 109th Ave.
2. Driveways shall not be permitted to be placed in the influence area of collector or
arterial street intersections. Influence area of intersections is that area where queues
of traffic commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be 150 feet, measured from
the right-of-way line of the intersecting street to the throat of the proposed driveway.
The setback may be greater depending upon the influence area, as determined from
City Engineer review of a traffic impact report submitted by the applicant’s traffic
engineer. In a case where a project has less than 150 feet of street frontage, the
applicant must explore any option for shared access with the adjacent parcel. If
shared access is not possible or practical, the driveway shall be placed as far from the
intersection as possible.
3. The minimum spacing of driveways and streets along a collector shall be 200 feet.
The minimum spacing of driveways and streets along an arterial shall be 600 feet.
4. The minimum spacing of local streets along a local street shall be 125 feet.
The streets adjacent to the development are either a Neighborhood Route or a Local Street.
The new intersection between Lady Marion Dr and 109th Ave is located more than 125 feet
to the nearest streets in either directions.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND
UTILITY IMPROVEMENT STANDARDS:
Tracts:
Tract B is a stormwater tract for the purposes of water quality and detention. Tract A will
be owned and maintained by the City.
Tract A and C will be owned and maintained by the Homeowners Association (HOA).
Tract A is for the private street and Tract C is for retaining walls.
Tracts Recordation:
All Tracts shall be recorded on separate documents per the Washington County Surveyor
Office.
Attachment 3
ENGINEERING COMMENTS PAGE 19
Fire and Life Safety:
Emergency vehicle turn around, location of fire hydrants, and fire flow must be reviewed
and approved by TVF&R prior to commencement site improvements.
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 new 8” DI main on Lady Marion Dr. Water meters serving Lots 10 to 14 shall be
located on Lady Marion Dr. An irrigation meter for the storm water quality and detention
facility on Tract B is proposed off the existing water main on 109th Ave. 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/Detention:
The City has agreed to enforce Surface Water Management (SWM) regulations established
by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution
and Order No. 00-7) which require the construction of on-site water quality facilities. The
facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent
of the storm water runoff generated from newly created impervious surfaces. In addition, a
maintenance plan shall be submitted indicating the frequency and method to be used in
keeping the facility maintained through the year.
Prior to commencing site improvements, 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 B shall be dedicated to the City at final plat.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to reduce the amount
of sediment and other pollutants reaching the public storm and surface water system
resulting from development, construction, grading, excavating, clearing, and any other
activity which accelerates erosion. Per CWS regulations, the applicant is required to submit
an erosion control plan for City review and approval prior to issuance of City permits.
The Federal Clean Water Act requires that a National Pollutant Discharge Elimination
System (NPDES) erosion control permit be issued for any development that will disturb one
Attachment 3
ENGINEERING COMMENTS PAGE 20
or more acre of land. Since this site is over five acres, the developer will be required to
obtain an NPDES permit from the City prior to construction. This permit will be issued
along with the site and/or building permit.
A final grading plan shall be submitted showing the existing and proposed contours. The plan
shall detail the provisions for surface drainage of all lots, and show that they will be graded to
insure that surface drainage is directed to the street or a public storm drainage system approved
by the Engineering Department. For situations where the back portions of lots drain away
from a street and toward adjacent lots, appropriate private storm drainage lines shall be
provided to sufficiently contain and convey runoff from each lot.
The design engineer shall also indicate, on the grading plan, which lots will have natural slopes
between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This
information will be necessary in determining if special grading inspections and/or permits will
be necessary when the lots develop.
Address Assignments:
The City of Tigard is responsible for 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 tw o
monuments with a tie to the City’s global positioning system (GPS) geodetic control network
(GC 22). These monuments shall be on the same line and shall be of the same precision as
required for the subdivision plat boundary. Along with the coordinates, the plat shall contain
the scale factor to convert ground measurements to grid measurements and the angle from
north to grid north. These coordinates can be established by:
GPS tie networked to the City’s GPS survey.
By random traverse using conventional surveying methods.
In addition, the applicant’s as-built drawings shall be tied to the GPS network. The applicant’s
engineer shall provide the City with an 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).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO PERMIT
SUBMISSION:
1. 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
Attachment 3
ENGINEERING COMMENTS PAGE 21
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.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
COMMENCING ANY ONSITE IMPROVEMENTS INCLUDING GRADING,
EXCAVATION AND/OR FILL ACTIVITIES:
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements, to the ENGINEERING
DEPARTMENT, ATTN: KHOI LE at 503-718-2440. The cover letter shall clearly
identify where in the submittal the required information is found:
2. 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
CleanWater Services (CWS) Design and Construction Standards
Tigard Community Development Codes, Municipal Codes
Fire Codes
Other applicable County, State, and Federal Codes and Standard Guidelines
3. 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.
4. 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. Public Facility Improvement permit plans shall conform to
City of Tigard Public Improvement Design Standards, which are available at City
Hall and the City’s web page (www.tigard-or.gov).
Attachment 3
ENGINEERING COMMENTS PAGE 22
5. 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.
6. Prior to commencing site improvements, the Applicant shall provide a construction
vehicle access and parking plan for approval by the City Engineer. The purpose of
this plan is for parking and traffic control during the public improvement
construction phase. All construction vehicle parking shall be provided onsite. No
construction vehicles or equipment will be permitted to park on the adjoining
residential public streets. Construction vehicles include the vehicles of any
contractor or subcontractor involved in the construction of site improvements or
buildings proposed by this application, and shall include the vehicles of all suppliers
and employees associated with the project.
7. Prior to commencing site improvements, the Applicant shall provide Engineering
Division a photometric analysis for the review and approval. New LED streetlights
are required based on the photometric analysis; the Applicant shall submit plans
showing the location of streetlights to Engineering Division for review and approval.
Type and color of pole and light fixture shall also be included on the plan for review
and approval.
8. Prior to commencing site improvements, the Applicant shall submit plans showing
the following items to Engineering for review and approval:
SW 109th Ave St shall include and shall be shown to have:
30-foot from centerline right of way dedication
18-foot from centerline asphalt concrete pavement including 6-foot bike lane
meeting City of Tigard Neighborhood Route cross section
Curb and gutter
5-foot planter
5-foot concrete sidewalk
8-foot PUE
Driveway approach
Street trees in the planter strip spaced per TDC requirements
Streetlights as recommended from the approved photometric analysis
Storm drainage improvement meeting CleanWater Services Design and
Construction Standards
Underground utilities
Attachment 3
ENGINEERING COMMENTS PAGE 23
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
Intersection radii meeting the City of Tigard Standards
Intersection curb ramp meeting the Public Right of Way Accessibility
Guidelines (PROWAG)
Pavement taper meeting the City of Tigard Standards
Street striping meeting MTUCD, ODOT and the City of Tigard Standards
SW Marion Drive shall include and shall be shown to have:
54-foot right of way dedication
32-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
Street trees in the planter strip spaced per TDC requirements
Streetlights as recommended from the approved photometric analysis
Residential driveway approaches
Storm drainage improvement meeting CleanWater Services Design and
Construction Standards
Underground utilities
Curb radii meeting the City of Tigard 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
Private Street shall include and shall be shown to have:
26-foot asphalt concrete pavement
5-foot sidewalk on both sides of the street
Streetlights as recommended from the approved photometric analysis
Storm drainage improvement meeting CleanWater Services Design and
Construction Standards
Underground utilities
Street signs, names
Street profile and turnout meeting the City of Tigard Standards and TVF&R
9. 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 to Engineering
Attachment 3
ENGINEERING COMMENTS PAGE 24
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 Standards.
10. 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.
11. 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.
12. 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.
13. Prior to commencing site improvements, the Applicant will be required to provide
written approval from Tualatin Valley Fire & Rescue for fire flow, hydrant
placement, and emergency vehicular access and turn around.
14. Prior to commencing site improvements, an erosion control plan shall be provided
as part of the Public Facility Improvement permit drawings. The plan shall conform
to the "CWS Erosion Prevention and Sediment Control Design and Planning
Manual” (current edition) and submitted to City of Tigard with the PFI plans.
15. 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.
16. 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.
17. Prior to commencing site improvements, submit Autocad file of the construction
plan to the City for GIS purposes.
18. Prior to commencing site improvements, pay a fee in lieu of undergrounding the
existing overhead utilities located across the right of way along the development
frontage on 109th Ave. The fee in lieu shall be one-half of the total fee as calculated
in accordance to the City of Tigard July 1, 2018 Fees and Charges Schedule.
Attachment 3
ENGINEERING COMMENTS PAGE 25
THE FOLLOWING CONDITIONS SHALL BE SATIFIED PRIOR TO
APPROVAL OF THE FINAL PLAT
19. 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.
20. 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 3 years of maintenance.
21. 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.
22. 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.
23. 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.
24. 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.
25. Submit a check in the amount of the current final plat review fee (Contact Planner
on Duty, at 503718-2421)
26. Prior to final plat approval, the Applicant shall submit to the Engineering Division
the Final Sight Distance Certification indicating that sight distances are adequately
provided at the intersection of Lady Marion Dr and 109th Ave.
27. Prior to final plat approval, provide Autocad files of the as-built drawings.
IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING
SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN
EXCLUSIVE LIST:
18.430.080 Improvement Agreement:
Attachment 3
ENGINEERING COMMENTS PAGE 26
Before City approval is certified on the final plat, and before approved construction plans
are issued by the City, the Developer 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 Developer. The agreement shall stipulate improvement fees and
deposits as may be required to be paid and may also provide for the construction of
the improvements in stages and for the extension of time under specific conditions
therein stated in the contract.
18.430.090 Bond:
As required by Section 18.430.080, the Developer shall file with the agreement an assurance
of performance supported by one of the following:
An irrevocable letter of credit executed by a financial institution authorized to
transact business in the State of Oregon;
A surety bond executed by a surety company authorized to transact business in the
State of Oregon which remains in force until the surety company is notified by the
City in writing that it may be terminated; or
Cash. The Developer 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 Developer shall not cause
termination of nor allow expiration of said guarantee without having first secured
written authorization from the City.
18.430.100 Filing and Recording:
Within 60 days of the City review and approval, the Applicant shall submit the final plat to
the County for signatures of County officials as required by ORS Chapter 92. Upon final
recording with the County, the Applicant shall submit to the City a mylar copy of the
recorded final plat.
18.430.070 Final Plat Application Submission Requirements:
Three copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and
necessary data or narrative. The final plat and data or narrative shall be drawn to the
minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington
County, and by the City of Tigard.
STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS
FOLLOWS:
Centerline Monumentation
In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all
street and roadway rights-of-way shall be monumented before the City accepts a street
improvement.
Attachment 3
ENGINEERING COMMENTS PAGE 27
The following centerline monuments shall be set:
All centerline-centerline intersection points;
All cul-de-sac center points; and
Curve points, beginning and ending points (PC's and PT's).
All centerline monuments shall be set during the first lift of pavement.
Monument Boxes Required
Monument boxes conforming to City standards will be required around all centerline
intersection points, culde-sac center points, and curve points. The tops of all monument
boxes shall be set to finished pavement grade.
18.810.120 Utilities
All utility lines including, but not limited to those required for electric, communication,
lighting and cable television services and related facilities shall be placed underground,
except for surface-mounted transformers, surface-mounted connection boxes, and meter
cabinets which may be placed above ground, temporary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or above.
18.810.130 Cash or Bond Required
All improvements installed by the Developer shall be guaranteed as to workmanship and
material for a period of one year following acceptance by the City. Such guarantee shall be
secured by cash deposit or bond in the amount of the value of the improvements as set by
the City Engineer. The cash or bond shall comply with the terms and conditions of Section
18.810.180.
18.810.150 Installation Prerequisite
No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks,
curbs, lighting or other requirements shall be undertaken except after the plans therefore
have been approved by the City, permit fee paid and permit issued.
18.810.180 Notice to City Required
Work shall not begin until the City has been notified in advance. If work is discontinued for
any reason, it shall not be resumed until the City is notified.
18.810.200 Engineer's Certification
The land Developer's Design Engineer shall provide written certification of a form provided
by the City that all improvements, workmanship and materials are in accord with current and
standard engineering and construction practices, and are of high grade, prior to the City
acceptance of the subdivision's improvements or any portion thereof for operation and
maintenance.
Attachment 3
Attachment 4
Attachment 4
Attachment 4
Attachment 4
Attachment 4
Attachment 4
www.tvfr.com
Training Center
12400 SW Tonquin Road
Sherwood, Oregon
97140-9734
503-259-1600
South Operating Center
8445 SW Elligsen Road
Wilsonville, Oregon
97070-9641
503-259-1500
Command and Business Operations Center and
North Operating Center
11945 SW 70th Avenue
Tigard, Oregon 97223-9196
503-649-8577
June 14, 2018
Agnes Lindor
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon 97223
Re: Trillium Hill Sub-Div SUB2018-00003
Tax Lot I.D: 2S110DA Lots 0300/00400
Thank you for the opportunity to review the proposed site plan surrounding the above named development
project. These notes are provided in regards to the plans received May 21, 2018. There may be more or less
requirements needed based upon the final project design, however, Tualatin Valley Fire & Rescue will endorse
this proposal predicated on the following criteria and conditions of approval.
FIRE APPARATUS ACCESS:
1. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have
an unobstructed driving surface width of not less than 20 feet (26 feet adjacent to fire hydrants (OFC D103.1)) and an
unobstructed vertical clearance of not less than 13 feet 6 inches. (OFC 503.2.1)
2. NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and
20 feet of unobstructed driving surface, “No Parking” signs shall be installed on one or both sides of the roadway and
in turnarounds as needed. Signs shall read “NO PARKING - FIRE LANE” and shall be installed with a clear space above
grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have red letters on a white reflective
background. (OFC D103.6)
3. NO PARKING: Parking on emergency access roads shall be as follows (OFC D103.6.1-2):
1. 20-26 feet road width – no parking on either side of roadway
2. 26-32 feet road width – parking is allowed on one side
3. Greater than 32 feet road width – parking is not restricted
4. PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted red (or as approved) and
marked “NO PARKING FIRE LANE” at 25 foot intervals. Lettering shall have a stroke of not less than one inch wide by
six inches high. Lettering shall be white on red background (or as approved). (OFC 503.3)
5. FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on a fire apparatus
access road, the minimum road width shall be 26 feet and shall extend 20 feet before and after the point of the hydrant.
(OFC D103.1)
6. SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be surfaced as to provide all-weather driving capabilities. (OFC 503.2.3)
Attachment 4
Residential One- and Two-Family Development 3.4 – Page 2
7. ANGLE OF APPROACH/GR ADE FOR INTERSECTIONS: Intersections shall be level (maximum 5%) with the
exception of crowning for water run-off. (OFC 503.2.7 & D103.2)
8. ACCESS DURING CONSTRUCTION: Approved fire apparatus access roadways shall be installed and operational
prior to any combustible construction or storage of combustible materials on the site. Temporary address signage shall
also be provided during construction. (OFC 3309 and 3310.1)
9. TRAFFIC CALMING DEVICES: Shall be prohibited on fire access routes unless approved by the Fire Marshal. (OFC
503.4.1). Traffic calming measures linked here: http://www.tvfr.com/DocumentCenter/View/1578
FIREFIGHTING WATER SUPPLIES:
10. FIREFIGHTING WATER SUPPLY FOR INDIVIDUAL ONE- AND TWO-FAMILY DWELLINGS: The minimum available
fire flow for one and two-family dwellings served by a municipal water supply shall be 1,000 gallons per minute. If the
structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to OFC Appendix
B. (OFC B105.2)
11. FIRE FLOW WATER AVAILABILITY: Applicants shall provide documentation of a fire hydrant flow test or flow test
modeling of water availability from the local water purveyor if the project includes a new structure or increase in the floor
area of an existing structure. Tests shall be conducted from a fire hydrant within 400 feet for commercial projects, or
600 feet for residential development. Flow tests will be accepted if they were performed within 5 years as long as no
adverse modifications have been made to the supply system. Water availability information may not be required to be
submitted for every project. (OFC Appendix B)
12. WATER SUPPLY DURING CONSTRUCTION IN MUNICIPAL AREAS: In areas with fixed and reliable water supply,
approved firefighting water supplies shall be installed and operational prior to any combustible construction or storage
of combustible materials on the site. (OFC 3312.1)
FIRE HYDRANTS:
13. FIRE HYDRANTS – ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where the most remote
portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved
route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. (OFC 507.5.1)
14. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from
an approved fire apparatus access roadway unless approved by the Fire Marshal. (OFC C102.1)
15. REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of blue reflective
markers. They shall be located adjacent and to the side of the center line of the access roadway that the fire hydrant
is located on. In the case that there is no center line, then assume a center line and place the reflectors accordingly.
(OFC 507)
16. PHYSICAL PROTECTION: Where fire hydrants are subject to impact by a motor vehicle, guard posts, bollards or
other approved means of protection shall be provided. (OFC 507.5.6 & OFC 312)
Attachment 4
Residential One- and Two-Family Development 3.4 – Page 3
17. CLEAR SPACE AROUND FIRE HYDRANTS: A 3 foot clear space shall be provided around the circumference of fire
hydrants. (OFC 507.5.5)
BUILDING ACCESS AND FIRE SERVICE FEATURES
18. PREMISES IDENTIFICATION: New and existing buildings shall have approved address numbers; building numbers
or approved building identification placed in a position that is plainly legible and visible from the street or road fronting
the property, including monument signs. These num bers shall contrast with their background. Numbers shall be a
minimum of 4 inches high with a minimum stroke width of 1/2 inch. (OFC 505.1)
Provide a physical address on the new home, as well as, near the intersection of the private drive and public road
visible from both approaches of [enter road intersections here]
If you have questions or need further clarification, or would like to discuss any alternate methods and/or materials, please
feel free to contact me at 503-259-1504.
Sincerely,
John Wolff
John Wolff
Deputy Fire Marshal II
Email
John.Wolff@tvfr.com
Cc:
A full copy of the New Construction Fire Code Applications Guide for Residential Development is available at
http://www.tvfr.com/DocumentCenter/View/1438
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