01/23/2017 - PacketPLANNING COMMISSION AGENDA – January 23, 2017
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
MEETING DATE: January 23, 2017 - 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.
FRIENDLY LANE VACATION, VAC2016-00001
REQUEST: The Applicant requests approval of a street vacation for a portion of SW Friendly Lane. The
proposed right of way vacation is located within the River Terrace Community Plan and is needed in order
to implement two approved Planned Developments; River Terrace East, PDR 2016-00001 and River
Terrace East No. 2, PDR 2016 -00007 which were both approved by the Planning Commission on June 20,
2016. Site clearing and grading are currently underway. Street improvements to be provided with River
Terrace East and River Terrace East No. 2 include the construction of an internal street network that will
provide access to future homes. LOCATION: East of SW Roy Rogers Road and south of SW Scholl’s
Ferry Road. ZONES:R-4.5: Low-Density Residential District, R-7: Medium-Density Residential District,
and R-25: Medium High-Density Residential District. APPLICABLE REVIEW CRITERIA: Tigard
Municipal Code Chapter 15.08. Street Vacations.
6. PUBLIC HEARING 7:25 p.m.
ELDERBERRY RIDGE PLANNED DEVELOPMENT REVIEW (PDR) 2016-00009
SUBDIVISION (SUB) 2016-00007; SENSITIVE LANDS REVIEW (SLR) 2016-00009
REQUEST: The applicant requests a Planned Development Concept Plan and Deta iled Development
Plan approval for a 40-lot Subdivision of the 16.74-acre subject property located on the east side of SW
79th Ave, south of the end of SW 76th Ave. Sensitive lands review is requested for steep slopes
exceeding 25 percent. The proposal protects 10.75 acres, or 64 percent of the 16.74 acre property in
open space tracts. The existing residences and accessory buildings will be removed. By separate
application to City Council, a portion of SW 76th Avenue right -of-way within the development site is
requested to be vacated. LOCATION: 14775 SW 76th Avenue; 2S112BD Tax Lots: 300, 400, 500, 600,
1500; Tax Map: 2S112CA Tax Lot: 100 ZONES:R-4.5: Low-Density Residential District,
R-7: Medium-Density Residential District. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.350, 18.390, 18.430, 18.510, 18.705, 18.715, 18.745, 18.765, 18.775,
18.790, 18.795 and 18.810.
PLANNING COMMISSION AGENDA – January 23, 2017
City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 2 of 2
7. PUBLIC HEARING 8:25 p.m.
SW 76th AVENUE VACATION, VAC2016-00002
REQUEST: The Applicant requests approval of a street vacation for a 3,485 square foot portion of SW
76th Avenue. LOCATION: South of Bonita Road at the terminus of the currently improved right-of-
way. The applicant has applied for Planned Development Review (PDR2016-00009) for a 40-lot
subdivision and has included the proposed vacation into the development plans as Lots 16 and 17. The
proposed vacation is addressed in the findings for the Staff Report and recommendation to approve the
proposed Elderberry Ridge Planned Development.
8. OTHER BUSINESS 8:35 p.m.
(P.C. OFFICER. ELECTIONS)
9. ADJOURNMENT 8:50 p.m.
ENGINEERING COMMENTS PAGE 1
MEMORANDUM
CITY OF TIGARD, OREGON
DATE:12/20/16 (Revised 1-18-17)
TO:Gary Pagenstecher, Associate Planner
FROM:Kim McMillan, Development Review Engineer
RE:PDR2016-00009 Elderberry Ridge
Access Management (Section 18.705.030.H)
Section 18.705.030.H.1 states that an access report shall be submitted with
all new development proposals which verifies design of driveways and
streets are safe by meeting adequate stacking needs, sight distance and
deceleration standards as set by ODOT, Washington County, the City and
AASHTO.
The applicant’s traffic analysis report, prepared by Charbonneau Engineering,
dated May 2016, addressed sight distance for the access from Tract D onto SW
79th Avenue. Sight distance of 280 feet is required and field review showed that
over 350 feet of sightline is available. A final sight distance certification will be
required prior to issuance of building permits.
The sight distance at the intersection of SW 76th and 78th Avenues was not
addressed. A preliminary sight distance certification will be required prior to
issuance of permits. A final sight distance certification will be required prior to
issuance of building permits.
Section 18.705.030.H.2 states that driveways shall not be permitted to be
placed in the influence area of collector or arterial street intersections.
Influence area of intersections is that area where queues of traffic
commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet,
measured from the right-of-way line of the intersecting street to the throat
of the proposed driveway. The setback may be greater depending upon the
influence area, as determined from City Engineer review of a traffic impact
report submitted by the applicant’s traffic engineer. In a case where a
project has less than 150 feet of street frontage, the applicant must explore
any option for shared access with the adjacent parcel. If shared access is
not possible or practical, the driveway shall be placed as far from the
intersection as possible.
This development does not have frontage along a collector or arterial street.
Therefore, this criterion does not apply.
ENGINEERING COMMENTS PAGE 2
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways
and streets along a collector shall be 200 feet. The minimum spacing of
driveways and streets along an arterial shall be 600 feet. The minimum
spacing of local streets along a local street shall be 125 feet.
The proposed private street, Tract D, is more than 125 feet from SW Hansen
Lane. This criterion is met.
The spacing between SW Hansen Lane and SW 78th Avenue exceeds 125 feet.
This criterion is met.
Street And Utility Improvements Standards (Section 18.810):
Chapter 18.810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets
adjacent shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width
planned as a portion of an existing street shall be dedicated and improved
in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a
Local streets to have a 54-foot right-of-way width and 32-foot paved section.
Other improvements required may include on-street parking, sidewalks and
bikeways, underground utilities, street lighting, storm drainage, and street
trees.
This site lies adjacent to SW 76th and 78th Avenues, and SW Hansen Lane,
which are classified as local streets on the City of Tigard Transportation Plan
Map. The site is also adjacent to SW 79th Avenue, which is classified as a
Neighborhood Route with bike lanes.The applicant has proposed that SW 78th
Avenue and SW Hansen Lane be local streets with a 50 -foot right-of-way and 28
feet of paved width. This will allow parking on one side only.
SW Hansen Lane and 78th Avenue are currently unimproved. In order to mitigate
the impact from this development, the applicant should dedicate right-of-way to
provide 50 feet and construct full street improvements, providing 28 feet of
pavement between curbs.
ENGINEERING COMMENTS PAGE 3
SW 79th Avenue is currently unimproved. In order to mitigate the impact from
this development, the applicant should dedicate right-of-way to provide 29 feet
from centerline and construct half -street improvements to provide 18 feet of
pavement from centerline to allow for bike lanes. A minimum of 24 feet of
pavement is required along the SW 79th Avenue frontage (18 feet east of
centerline and a minimum of 6 feet west of centerline).A planter strip is required
between curb and sidewalk and the applicant shall connect the proposed
sidewalk to the sidewalk along Tax lot 7500 and to the south to the existing
sidewalk constructed with the Gentle Woods subdivision.
SW 76th Avenue is currently unimproved. In order to mitigate the impact from
this development, the applicant should dedicate right-of-way to provide 27 feet
from centerline and construct half -street improvements to provide 16 feet of
pavement from centerline. A minimum of 24 feet of pavement is required along
the SW 76th Avenue frontage.
All street and frontage improvements must provide curb, planter strip, sidewalk,
street trees, street lights and storm drainage.
Future Street Plan and Extension of Streets: Section 18.810.030.F states
that a future street plan shall be filed which shows the pattern of existing and
proposed future streets from the boundaries of the proposed land division.
This section also states that where it is necessary to give access or permit a
satisfactory future division of adjoining land,streets shall be extended to the
boundary lines of the tract to be developed and a barricade shall be
constructed at the end of the street. These street stubs to adjoining
properties are not considered to be cul-de-sacs since they are intended to
continue as through streets at such time as the adjoining property is
developed. A barricade shall be constructed at the end of the street by the
property owners which shall not be removed until authorized by the City
Engineer, the cost of which shall be included in the street construction cost.
Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess of 150 feet in length.
The proposed development will complete the existing street network between SW
76th and 79th Avenues in this area. The applicant has applied for a street vacation
for a portion of SW 76th Avenue right-of-way south the intersection of SW 76th
Avenue and SW Hansen Lane.
Street Alignment and Connections:
Section 18.810.030.H.1 states that full street connections with spacing of
no more than 530 feet between connections is required except where
prevented by barriers such as topography, railroads, freeways, pre-existing
developments, lease provisions, easements, covenants or other
restrictions existing prior to May 1, 1995 which preclude street
ENGINEERING COMMENTS PAGE 4
connections. A full street connection may also be exempted due to a
regulated water feature if regulations would not permit construction.
Section 18.810.030.H.2 states that all local, neighborhood routes and
collector streets which abut a development site shall be extended within
the site to provide through circulation when not precluded by
environmental or topographical constraints, existing development patterns
or strict adherence to other standards in this code. A street connection or
extension is precluded when it is not possible to redesign, or reconfigure
the street pattern to provide required extensions. Land is considered
topographically constrained if the slope is greater than 15% for a distance
of 250 feet or more. In the case of environmental or topographical
constraints, the mere presence of a constraint is not sufficient to show that
a street connection is not possible. The applicant must show why the
constraint precludes some reasonable street connection.
The applicant has applied for a vacation of SW 76th Avenue right-of-way, south of
SW Hansen Lane. There are existing wetlands and the flood plain of Fanno
Creek which preclude the extension of SW 76th Avenue. However, the city of
Tigard is developing the remaining portions of the Fanno Creek Trail. The trail
will go through this area and the SW 76th Avenue has been identified as a route
for the trail and for construction equipment access. The applicant may provide
an approvable solution for a trail route and construction equipment access
around Tract C. If such a solution is not viable the city will not support the
vacation request.
Cul-de-sacs: 18.810.030.L states that a cul-de-sac shall be no more than 200
feet long, shall not provide access to greater than 20 dwelling units, and shall
only be used when environmental or topographical constraints, existing
development pattern, or strict adherence to other standards in this code
preclude street extension and through circulation:
All cul-de-sacs shall terminate with a turnaround. Use of turnaround
configurations other than circular, shall be approved by the City Engineer;
and
The length of the cul-de-sac shall be measured from the centerline
intersection point of the two streets to the radius point of the bulb, and
If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an
adjacent street may be required to be provided and dedicated to the
City.
NA
Grades and Curves: Section 18.810.030.N states that grades shall not exceed
ten percent on arterials, 12% on collector streets, or 12% on any other street
(except that local or residential access streets may have segments with
ENGINEERING COMMENTS PAGE 5
grades up to 15% for distances of no greater than 250 feet). Centerline radii
of curves shall be as determined by the City Engineer.
The proposed grades do not exceed 12%. This criterion is met.
Access to Arterials and Major Collectors: Section 18.810.030.Q states that
where a development abuts or is traversed by an existing or proposed
arterial or major collector street, the development design shall provide
adequate protection for residential properties and shall separate residential
access and through traffic, or if separation is not feasible, the design shall
minimize the traffic conflicts. The design shall include any of the following:
A parallel access street along the arterial or major collector;
Lots of suitable depth abutting the arterial or major collector to provide
adequate buffering with frontage along another street;
Screen planting at the rear or side property line to be contained in a
non-access reservation along the arterial or major collector; or
Other treatment suitable to meet the objectives of this subsection;
If a lot has access to two streets with different classifications, pri mary
access should be from the lower classification street.
NA
Private Streets: Section 18.810.030.T states that design standards for
private streets shall be established by the City Engineer. The City shall
require legal assurances for the continued maintenance of private streets,
such as a recorded maintenance agreement. Private streets serving more
than six dwelling units are permitted only within planned developments,
mobile home parks, and multi-family residential developments.
The applicant has proposed to construct a private street, Tract D, to serve 10
lots. The proposed section for the private street meets the standard width
requirements. Street lights are required on the private street and shall be
metered separately from the public system.
The applicant shall place a statement on the face of the final plat indicating the
private street(s) will be owned and maintained by the properties that will be
served by it/them. In addition, the applicant shall record Conditions, Covenants
and Restrictions (CC&R’s) along with the final plat that will clarify how the private
property owners are to maintain the private street(s). These CC&R’s shall be
reviewed and approved by the City prior to approval of the final plat. The City’s
public improvement design standards require private streets to have a pavement
section equal to a public local street. The applicant will need to provide this type
of pavement section.
ENGINEERING COMMENTS PAGE 6
Block Designs -Section 18.810.040.A states that the length, width and shape
of blocks shall be designed with due regard to providing adequate building
sites for the use contemplated, consideration of needs for convenient
access, circulation, control and safety of street traffic and recognition of
limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks
formed by streets shall not exceed 1,800 feet measured along the right-of-
way line except:
Where street location is precluded by natural topography, wetlands or
other bodies of water or, pre-existing development or;
For blocks adjacent to arterial streets, limited access highways, major
collectors or railroads.
For non-residential blocks in which internal public circulation provides
equivalent access.
PLANNING
Section 18.810.040.B.2 also states that bicycle and pedestrian connections
on public easements or right-of-ways shall be provided when full street
connection is not possible. Spacing between connections shall be no
more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict
adherence to other standards in the code.
PLANNING
Lots -Size and Shape: Section 18.810.060(A) prohibits lot depth from being
more than 2.5 times the average lot width, unless the parcel is less than 1.5
times the minimum lot size of the applicable zoning district.
PLANNING
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of
frontage on public or private streets, other than an alley. In the case of a land
partition, 18.420.050.A.4.c applies, which requires a parcel to either have a
minimum 15-foot frontage or a minimum 15-foot wide recorded access
easement. In cases where the lot is for an attached single-family dwelling
unit, the frontage shall be at least 15 feet.
Lots 18 and 19 do not have adequate frontage meeting the 25 feet requirement.
This criterion is NOT met.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to
meet City design standards and be located on both sides of arterial,
collector and local residential streets.Private streets and industrial streets
shall have sidewalks on at least one side.
ENGINEERING COMMENTS PAGE 7
The applicant’s plans indicate the construction of sidewalks along all frontage s,
including the private street. Lots 18 and 19 are not served by a private street and
do not have a sidewalk.
The sidewalk along the SW 79th Avenue frontage must be extended both north
and south to connect to existing sidewalk.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be
installed to serve each new development and to connect developments to
existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as
adopted by Clean Water Services in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive
plan.
Over-sizing: Section 18.810.090.C states that proposed sewer systems
shall include consideration of additional development within the area as
projected by the Comprehensive Plan.
The development will connect to the existing sewer line in SW 76th Avenue, with
new sewer in the proposed street frontages and along the back of lots 11 -17 to
avoid sensitive areas in Tracts A and D.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make
adequate provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.C states that a
culvert or other drainage facility shall be large enough to accommodate
potential runoff from its entire upstream drainage area, whether inside or
outside the development. The City Engineer shall approve the necessary
size of the facility, based on the provisions of Design and Construction
Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or
amendments).
The existing storm system directs stormwater from the Brittany Meadows
Subdivision thru the proposed site, then north along SW 76 th Avenue, where it
then discharges to Fanno Creek.
ENGINEERING COMMENTS PAGE 8
Effect on Downstream Drainage: Section 18.810.100.D states that where it
is anticipated by the City Engineer that the additional runoff resulting from
the development will overload an existing drainage facility, the Director and
Engineer shall withhold approval of the development until provisions have
been made for improvement of the potential condition or until provisions
have been made for storage of additional runoff caused by the
development in accordance with the Design and Construction Standards
for Sanitary and Surface Water Management (as adopted by Clean Water
Services in 2000 and including any future revisions or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek
and adopted the Fanno Creek Watershed Management Plan. Section V of that
plan includes a recommendation that local governments institute a stormwater
detention/effective impervious area reduction program resulting in no net
increase in storm peak flows up to the 25-year event. The City will require that
all new developments resulting in an increase of impervious surfaces provide
onsite detention facilities, unless the development is located a djacent to Fanno
Creek. For those developments adjacent to Fanno Creek, the storm water runoff
will be permitted to discharge without detention.
This development is located adjacent to Fanno Creek, therefore detention is not
required by the city. However, if there are any other agency permits needed then
detention may be required by that agency and those agency approvals must be
provided to the Engineering Department prior to issuance of permits.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments
adjoining proposed bikeways identified on the City’s adopted
pedestrian/bikeway plan shall include provisions for the future extension of
such bikeways through the dedication of easements or right-of-way.
SW 79th Avenue designated a Neighborhood Route with bike lanes. The
applicant shall dedicate ROW to provide 29 feet from centerline.
Cost of Construction: Section 18.810.110.B states that development
permits issued for planned unit developments, conditional use permits,
subdivisions, and other developments which will principally benefit from
such bikeways shall be conditioned to include the cost or construction of
bikeway improvements.
The project frontage along SW 79th Avenue is 289 feet.
The amount of the striping would be as follows:
289 feet of 8-inch white stripe, at $2.50/lf $722.50
1 Mono-directional reflective markers @ $4.00/ea $4.00
ENGINEERING COMMENTS PAGE 9
1 Bike lane legends @ $175/ea $175.00
1 Directional mini-arrows @ $100/ea $100.00
$1001.50
Minimum Width: Section 18.810.110.C states that the minimum width for
bikeways within the roadway is five feet per bicycle travel lane. Minimum
width for two-way bikeways separated from the road is eight feet.
The bike lane shall be 6 feet wide.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those
required for electric, communication, lighting and cable television services
and related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric lines operating at
50,000 volts or above, and:
The developer shall make all necessary arrangements with the serving
utility to provide the underground services;
The City reserves the right to approve location of all surface mounted
facilities;
All underground utilities, including sanitary sewers and storm drains
installed in streets by the developer, shall be constructed prior to the
surfacing of the streets; and
Stubs for service connections shall be long enough to avoid disturbing
the street improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.C states
that a developer shall pay a fee in-lieu of under-grounding costs when the
development is proposed to take place on a street where existing utilities
which are not underground will serve the development and the approval
authority determines that the cost and technical difficulty of under-
grounding the utilities outweighs the benefit of under-grounding in
conjunction with the development. The determination shall be on a case -
by-case basis. The most common, but not the only, such situation is a
short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground
utilities facilities. An applicant for a development which is served by
utilities which are not underground and which are located across a public
right-of-way from the applicant’s property shall pay a fee in-lieu of under-
grounding.
ENGINEERING COMMENTS PAGE 10
There are existing overhead utility lines along the frontage of SW 79th Avenue.
The lines shall be placed underground.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND
UTILITY IMPROVEMENT STANDARDS:
Traffic Study Findings:
A Traffic Analysis Report was prepared by Charbonneau Engineering, dated May
2016. According to the ITE Trip Generation manual the site will generate 409
trips per weekday. A total of 32 AM peak hour and 43 peak hour trips will be
generated.
The report recommends stop sign control be established on the newly
constructed site access approach to SW 79thAvenue.
Fire and Life Safety:
The applicant’s permit plan set will require approval from TVFR with regards to
access and hydrant spacing.
Public Water System:
The city of Tigard provides service in this area.There are existing 8-inch lines
that will serve this development.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM)
regulations established by Clean Water Services (CWS) Design and
Construction Standards (adopted by Resolution and Order No. 00-7) which
require the construction of on-site water quality facilities. The facilit ies
shall be designed to remove 65 percent of the phosphorus contained in 100
percent of the storm water runoff generated from newly created impervious
surfaces. In addition, a maintenance plan shall be submitted indicating the
frequency and method to be used in keeping the facility maintained
through the year.
Prior to issuance of permits, the applicant shall submit plans and calculations for
a water quality facility that will meet the intent of the CWS Design Standards. In
addition, the applicant shall submit a maintenance plan for the facility that must
be reviewed and approved by the City prior to construction.
ENGINEERING COMMENTS PAGE 11
Prior to the City accepting this facility as a public facility, the developer shall
maintain it for a minimum of three years after construction is completed. The
pond shall be placed in a tract and conveyed to the City on the final plat. The
developer will be required to submit annual reports to the City which show what
maintenance operations were conducted on the facility for that year. Onc e the
three-year maintenance period is completed, the City will inspect the facility and
make note of any problems that have arisen and require them to be resolved
before the City will take over maintenance of the facility. In addition, the City will
not take over maintenance of the facility unless 80 percent of the landscaping is
established and healthy. If at any time during the maintenance period, the
landscaping falls below the 80 percent level, the developer shall immediately
reinstall all deficient planting at the next appropriate planting opportunity.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to
reduce the amount of sediment and other pollutants reaching the public
storm and surface water system resulting from development, construction,
grading, excavating, clearing, and any other activity which accelerates
erosion. Per CWS regulations, the applicant is required to submit an
erosion control plan for City review and approval prior to issuance of City
permits.
The Federal Clean Water Act requires that a National Pollutant Discharge
Elimination System (NPDES) erosion control permit be issued for any
development that will disturb one or more acre of land. Since this site is
over five acres, the developer will be required to obtain an NPDES permit
from the City prior to construction. This permit will be issued along with
the site and/or building permit.
A final grading plan shall be submitted showing the existing and proposed contours.
The plan shall detail the provisions for surface drainage of all lots, and show that
they will be graded to insure that surface drainage is directed to the street or a
public storm drainage system approved by the Engineering Department. For
situations where the back portions of lots drain away from a street and toward
adjacent lots, appropriate private storm drainage lines shall be provided to
sufficiently contain and convey runoff from each lot.
The applicant will also be required to provide a geotechnical report,per Appendix
Chapter 33 of the UBC, for the proposed grading slope construction. The
recommendations of the report will need to be incorporated into the final grading
plan and a final construction supervision report must be filed with the Engineering
Department prior to issuance of building permits.
The design engineer shall also indicate, on the grading plan, which lots will have
natural slopes between 10% and 20%, as well as lots that will have natural slopes
ENGINEERING COMMENTS PAGE 12
in excess of 20%. This information will be necessary in determining if special
grading inspections and/or permits will be necessary when the lots develop.
A 1200C Permit will be required.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within the
City of Tigard.An addressing fee in the amount of $50.00 per address shall be
assessed. This fee shall be paid to the City prior to plat approval.
For multi-tenant buildings, one address number is assigned to the building and
then all tenant spaces are given suite numbers. The City is responsible for
assigning the main address and suite numbers. This information is needed so
that building permits for tenant improvements can be adequately tracked in the
City’s permit tracking system. Based upon the information provided by the
applicant, this building will be a multi-tenant building. Prior to issuance of the site
permit, the applicant shall provide a suite layout map so suite numbers can be
assigned. The addressing fee will then be calculated based upon the number of
suites that must be addressed. In multi-level structures, ground level suites shall
have numbers preceded by a “1”, second level suites shall have numbers
preceded by a “2”, etc.
For this project, the addressing fee will be $2250.00 (42 lots and/or tracts X
$50/address = $2100.00).
The developer will also be required to provide signage at the entrance of each
shared flag lot driveway or private street that lists the addresses that are served
by the given driveway or street. This will assist emergency services personnel to
more easily find a particular home.
Survey Requirements
The applicant’s final plat shall contain State Plane Coordinates [NAD 83 (91)] on
two monuments with a tie to the City’s global positioning system (GPS) geodetic
control network (GC 22). These monuments shall be on the same line and shall be
of the same precision as required for the subdivision plat boundary. Along with the
coordinates, the plat shall contain the scale factor to convert ground measurements
to grid measurements and the angle from north to grid north. These coordinates
can be established by:
GPS tie networked to the City’s GPS survey.
By random traverse using conventional surveying methods.
In addition, the applicant’s as-built drawings shall be tied to the GPS network.
The applicant’s engineer shall provide the City with an electronic file with points
for each structure (manholes, catch basins, water valves, hydrants and other
ENGINEERING COMMENTS PAGE 13
water system features) in the development, and their respective X and Y St ate
Plane Coordinates, referenced to NAD 83 (91).
Recommendations:
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING,
EXCAVATION AND/OR FILL ACTIVITIES:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
.Prior to commencing onsite improvements, a Public Facility Improvement
(PFI) permit is required for this project to cover and any other work in
the public right-of-way. Six (6/) sets of detailed public improvement plans
shall be submitted for review to the Engineering Department. NOTE:
these plans are in addition to any drawings required by the Building
Division and should only include sheets relevant to public improvements.
Public Facility Improvement (PFI) permit plans shall conform to City of
Tigard Public Improvement Design Standards, which are available at City
Hall and the City’s web page (www.tigard-or.gov).
The PFI permit plan submittal shall include the exact legal name, addres s
and telephone number of the individual or corporate entity who will be
designated as the “Permittee”, and who will provide the financial
assurance for the public improvements. For example, specify if the entity
is a corporation, limited partnership, LLC, etc. Also specify the state within
which the entity is incorporated and provide the name of the corporate
contact person. Failure to provide accurate information to the Engineering
Department will delay processing of project documents.
The applicant shall provide a construction vehicle access and parking plan
for approval by the City Engineer. The purpose of this plan is for parking
and traffic control during the public improvement construction phase.
The applicant shall submit construction plans to the Engineering
Department as a part of the Public Facility Improvement permit, which
indicate that they will construct a full-street improvement along SW
Hansen and SW 78th. The improvements adjacent to this site shall
include:
A.City standard pavement section for a local street from
curb to curb equal to 28 feet, with a 50-foot ROW ;
ENGINEERING COMMENTS PAGE 14
B.pavement tapers needed to tie the new improvement back
into the existing edge of pavement shall be built beyond the site
frontage;
C.concrete curb, or curb and gutter as needed;
D.storm drainage, including any off-site storm drainage
necessary to convey surface and/or subsurface runoff;
E.5-foot concrete sidewalk with a 5-foot planter strip;
F.street trees in the planter strip spaced per TDC
requirements;
G.street striping;
H.streetlight layout by applicant’s engineer, to be approved by
City Engineer;
I.underground utilities;
J.street signs (if applicable);
K.driveway apron (if applicable).
The applicant shall submit construction plans to the Engineering Department as a
part of the Public Facility Improvement permit, which indicate that they will
construct half-street improvements along the frontage of SW 76th. The
improvements adjacent to this site shall include:
A.City standard pavement section for a local street from curb to
curb equal to 32 feet, with a 54-foot ROW;
B.pavement tapers needed to tie the new improvement back into the
existing edge of pavement shall be built beyond the site frontage;
C.concrete curb, or curb and gutter as needed;
D.storm drainage, including any off -site storm drainage necessary to
convey surface and/or subsurface runoff;
E.5-foot concrete sidewalk with a 5-foot planter strip;
F.street trees in the planter strip spaced per TDC requirements;
G.street striping;
H.streetlight layout by applicant’s engineer, to be approved by City
Engineer;
I.underground utilities;
J.street signs (if applicable);
K.driveway apron (if applicable).
The applicant shall submit construction plans to the Engineering Department as a
part of the Public Facility Improvement permit, which indicate that they will
construct half-street improvements along the frontage of SW 79th, a
neighborhood route. The improvements adjacent to this site shall include:
A.City standard pavement section for a local street from curb to
centerline equal to 18 feet, with 6-foot bike lane and 24 feet of travel lane
minimum total, with a 58-foot ROW , minimum of 29 feet from centerline;
ENGINEERING COMMENTS PAGE 15
B.pavement tapers needed to tie the new improvement back into the
existing edge of pavement shall be built beyond the site frontage;
C.concrete curb, or curb and gutter as needed;
D.storm drainage, including any off -site storm drainage necessary to
convey surface and/or subsurface runoff;
E.5 foot concrete sidewalk with a 5 foot planter strip, the
applicant’s plans shall be revised to provide the planter between the curb
and sidewalk. In addition,the applicant shall extend sidewalk north to
connect to existing sidewalk;
F.street trees in the planter strip spaced per TDC requirements;
G.street striping;
H.streetlight layout by applicant’s engineer, to be approved by City
Engineer;
I.underground utilities;
J.street signs (if applicable);
K.driveway apron (if applicable).
The applicant’s construction drawings shall show that the pavement and rock
section for the proposed private street(s) shall meet the City’s public street
standard for a local residential street.
Street lights are required on the private street and shall be metered separately
from the public system.
The applicant shall establish stop sign control on the newly constructed site
access approach to SW 79th Avenue, as recommended in the Traffic
Analysis Report prepared by Charbonneau Engineering, dated May 2016.
All other recommendations shall be incorporated, as well.
Sanitary sewer and storm drainage details shall be provided as part of the Public
Facility Improvement (PFI) permit plans. Calculations and a topographic
map of the storm drainage basin and sanitary sewer service area shall be
provided as a supplement to the Public Facility Improvement (PFI) permit
plans. Calculations shall be based on full development of the serviceable
area. The location and capacity of existing, proposed, and future lines
shall be addressed.
Any extension of public water lines shall be shown on the proposed Public
Facility Improvement (PFI) permit construction drawings and shall be
reviewed and approved by the City’s Water Department, as a part of the
Engineering Department plan review. NOTE: An estimated 12% of the
water system costs must be on deposit with the Water Department prior to
approval of the PFI permit plans from the Engineering Department and
construction of public water lines.
ENGINEERING COMMENTS PAGE 16
The applicant shall provide an on-site water quality facility as required by Clean
Water Services Design and Construction Standards (adopted by
Resolution and Order No. 00-7). Final plans and calculations shall be
submitted to the Engineering Department (Kim McMillan) for review and
approval prior to issuance of the site permit. In addition, a proposed
maintenance plan shall be submitted along with the plans and calculations
for review and approval.
The applicant shall provide a maintenance access road to the facility and any
drainage structures within the facility to accommodate City maintenance
vehicles. The access road shall be paved and have a structural section
capable of accommodating a 50,000-pound vehicle. The paved width
shall be a minimum of 10 feet wide, and there shall be two-foot rock
shoulders provided on each side. If the maintenance roadway is over 150
feet in length, a turnaround shall be provided.
Prior to issuance of permits, the applicant shall provide Corps of Engineers
approval of the detention facility to the En gineering Department.
The applicant shall provide an approvable trail route to accommodate the Fanno
Creek Trail and construction equipment in lieu of SW 76th Avenue ROW.
An erosion control plan shall be provided as part of the Public Facility
Improvement (PFI) permit drawings. The plan shall conform to the
"Erosion Prevention and Sediment Control Design and Planning Manual,
current edition.”
A final grading plan shall be submitted showing the existing and proposed
contours. The plan shall detail the provisions for surface drainage of all
lots, and show that they will be graded to insure that surface drainage is
directed to the street or a public storm drainage system approved by the
Engineering Department. For situations where the back portions of lots
drain away from a street and toward adjacent lots, appropriate private
storm drainage lines shall be provided to sufficiently contain and convey
runoff from each lot.
The applicant shall incorporate the recommendations from the submitted
geotechnical report by GeoPacific Engineering, Inc, dated May 22, 2016,
into the final grading plan. The geotechnical engineer shall be employed
by the applicant throughout the entire construction period to ensure that all
grading, including cuts and fills, are constructed in accordance with the
approved plan and Appendix Chapter 33 of the UBC. A final construction
supervision report shall be filed with the Engineering Department prior to
issuance of building permits.
ENGINEERING COMMENTS PAGE 17
The design engineer shall indicate, on the grading plan, which lots will have
natural slopes between 10% and 20%, as well as lots that will have natural
slopes in excess of 20%. This information will be necessary in
determining if special grading inspections and/or permits will be necessary
when the lots develop.
The final construction plans shall be signed by the geotechnical engineer to
ensure that they have reviewed and approved the plans. The
geotechnical engineer shall also sign the as-built grading plan at the end
of the project.
The applicant shall obtain a 1200-C General Permit issued by the City of Tigard
pursuant to ORS 468.740 and the Federal Clean Water Act.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
APPROVAL OF THE FINAL PLAT:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
.Prior to plat approval,the applicant shall pay $ 1001.50 to the City for the
striping of the bike lane along the frontage of SW 79th Avenue.
.The applicant’s final plat shall contain State Plane Coordinates on two
monuments with a tie to the City’s global positioning system (GPS)
geodetic control network (GC 22) as recorded in Washington County
survey records. These monuments shall be on the same line and shall be
of the same precision as required for the subdivision plat boundary. Along
with the coordinates, the plat shall contain the scale factor to convert
ground measurements to grid measurements and the angle from north to
grid north. These coordinates can be established by:
•GPS tie networked to the City’s GPS survey.
•By random traverse using conventional surveying methods.
Prior to plat approval, the applicant shall pay the addressing fee in the amount of
$2100.00.
Prior to plat approval,the applicant shall place a statement on the face of the
final plat indicating the private street(s) will be owned and maintained by
the properties that will be served by it/them. In addition, the applicant
shall record Conditions, Covenants and Restrictions (CC&R’s) along with
the final plat that will clarify how the private property owners are to
maintain the private street(s). These CC&R’s shall be reviewed and
approved by the City prior to approval of the final plat. The City’s public
ENGINEERING COMMENTS PAGE 18
improvement design standards require private streets to have a pavement
section equal to a public local street. The applicant will need to provide
this type of pavement section.
Prior to plat approval, the applicant shall form an HOA for the maintenance of the
private street and sensitive areas and tracts.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
ISSUANCE OF BUILDING PERMITS:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
.Prior to issuance of building permits within the subdivision, the City
Engineer shall deem the public improvements substantially complete.
Substantial completion shall be when: 1) all utilities are installed and
inspected for compliance, including franchise utilities, 2) all local
residential streets have at least one lift of asphalt, 3) any off -site street
and/or utility improvements are substantially completed, and 4) all street
lights are installed and ready to be energized.
Prior to issuance of building permits the applicant shall provide the City
with as-built drawings of the public improvements as follows: 1) 3 mil
mylar, 2) a diskette of the as-builts in “DWG” format, if available; otherwise
“DXF” will be acceptable, and 3) the as-built drawings shall be tied to the
City’s GPS network. The applicant’s engineer shall provide the City with
an electronic file with points for each structure (manholes, catch basins,
water valves, hydrants and other water system features) in the
development, and their respective X and Y State Plane Coordinates,
referenced to NAD 83 (91).
The applicant shall provide signage at the entrance of each shared flag lot
driveway or private street that lists the addresses that are served by the
given driveway or street.
The applicant shall place the existing overhead utility lines along SW 79th
Avenue underground as a part of this project.
Prior to issuance of the building permit, the applicant shall pay the fee in -
lieu of constructing an on-site water quantity facility. The fee is based on
the total area of new impervious surfaces in the proposed development.
ENGINEERING COMMENTS PAGE 19
STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS
FOLLOWS:
Centerline Monumentation
In accordance with Oregon Revised Statutes 92.060, subsection (2), the
centerline of all street and roadway rights-of-way shall be monumented
before the City accepts a street improvement.
The following centerline monuments shall be set:
1.All centerline-centerline intersection points;
2.All cul-de-sac center points; and
3.Curve points, beginning and ending points (PC's and PT's).
All centerline monuments shall be set during the first lift of pavement.
Monument Boxes Required
Monument boxes conforming to City standards will be required around all
centerline intersection points, cul-de-sac center points, and curve points.
The tops of all monument boxes shall be set to finished pavement grade.
18.810 Street & Utility Improvement Standards:
18.810.120 Utilities
All utility lines including, but not limited to those required for electric,
communication, lighting and cable television services and related facilities
shall be placed underground, except for surface-mounted transformers,
surface-mounted connection boxes, and meter cabinets which may be
placed above ground, temporary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or
above.
18.810.130 Cash or Bond Required
All improvements installed by the subdivider shall be guaranteed as to
workmanship and material for a period of one year following acceptance
by the City.
ENGINEERING COMMENTS PAGE 20
Such guarantee shall be secured by cash deposit or bond in the amount of the
value of the improvements as set by the City Engineer.
The cash or bond shall comply with the terms and conditions of Section
18.810.180.
18.810.150 Installation Prerequisite
No land division improvements, including sanitary sewers, storm sewers, streets,
sidewalks, curbs, lighting or other requirements shall be undertaken
except after the plans therefore have been approved by the City, permit
fee paid and permit issued.
18.810.180 Notice to City Required
Work shall not begin until the City has been notified in advance.
If work is discontinued for any reason, it shall not be resumed until the City is
notified.
18.810.200 Engineer's Certification
The land divider's engineer shall provide written certification of a form provided
by the City that all improvements, workmanship and materials are in
accord with current and standard engineering and construction practices,
and are of high grade, prior to the City acceptance of the subdivision's
improvements or any portion thereof for operation and maintenance.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
City of Tigard
Memorandum
To: President Calista Fitzgerald and Planning Commissioners
From: Monica Bilodeau, Associate Planner
Re: Friendly Lane Vacation, VAC2016-00001
Date: January 23, 2017
Proposal Description:
The Applicant requests approval of a street vacation for a portion of SW Friendly Lane. The
proposed right of way vacation is located within the River Terrace Community Plan and is needed in
order to implement two approved Planned Developments; River Terrace East, PDR 2016 -00001
and River Terrace East No. 2, PDR 2016-00007 which were both approved by the Planning
Commission on June 20, 2016. Site clearing and grading are currently underway. Street
improvements to be provided with River Terrace East and River Terrace East No. 2 include the
construction of an internal street network that will provide access to future homes.
Compliance Review:
Staff has found that the proposal is in compliance with the comprehensive plan. The vacation is
consistent with the approved Planned Developments, River Terrace East and River Terrace East
No. 2, which were both approved by the City on June 20, 2016 and were both found to be
compliant with all aspects of the comprehensive plan. The vacation of SW Friendly Lane is needed
in order to implement the approved Planned Developments and achieve the residential densities and
circulation anticipated by the River Terrace Community Plan.
Staff Recommendation:
Staff recommends approval of the Friendly Lane Vacation. The subject vacation is proposed to be
effective immediately before or concurrent with the Final Plat recording of River Terrace East, PDR
2016-00001.
Page 1 of 3
12564 SW Main Street igar 223 5 3 41 4 4 5 3 41 4 5
EXHIBIT A
October 4, 2016
E A E I TI Job No. 395-041
Right-of-Way Vacatio
ortio of the Right-of-Way of W rie y a e o ty Roa No. 32 2 ra fer of
J ri ictio , i the Northea t arter of ectio 6, o hi 2 o th, Ra ge 1 We t,
Wi a ette eri ia , ity of igar , Wa hi gto o ty, tate of Orego , ore artic ar y
e cribe a fo o
O N N at the a t arter or er of ai ectio 6
the ce a o g the ea ter y ectio i e of ai ectio 6, o th 00 00 16 We t, a i ta ce of
419.4 feet to a oi t o the orther y Right-of-Way i e of W rie y a e o ty Roa No.
32 2 ra fer of J ri ictio , bei g the O N O NN N
the ce co ti i g a o g ai ectio i e, o th 00 00 16 We t, a i ta ce of 45.00 feet to a
oi t o the o ther y Right-of-Way i e of W rie y a e o ty Roa No. 32 2 ra fer
of J ri ictio
the ce a o g ai o ther y Right-of-Way i e, o th 9 1 36 We t, a i ta ce of 321.15 feet
to a a g e oi t
the ce co ti i g a o g ai o ther y Right-of-Way i e, North 00 01 51 a t, a i ta ce of
41 .46 feet to a a g e oi t
the ce co ti i g a o g ai o ther y Right-of-Way i e, North 46 5 09 We t, a i ta ce of
1.33 feet to a a g e oi t
the ce co ti i g a o g ai o ther y Right-of-Way i e, North 9 46 19 We t, a i ta ce of
93 .50 feet to a oi t o the We t i e of the o thea t arter of the Northea t arter of
ai ectio 6
the ce a o g ai We t i e, North 00 20 12 a t, a i ta ce of 60.00 feet to a oi t o ai
orther y Right-of-Way i e
the ce a o g ai orther y Right-of-Way i e, o th 9 46 19 a t, a i ta ce of 94 .19 feet
to a a g e oi t
the ce co ti i g a o g ai orther y Right-of-Way i e, o th 46 5 09 a t, a i ta ce of
103.20 feet to a a g e oi t
the ce co ti i g a o g ai orther y Right-of-Way i e, o th 00 01 51 We t, a i ta ce of
6. 4 feet to a a g e oi t
Page 2 of 3
Pa ifi o nit e ign n
12564 SW Main Street igar 223 5 3 41 4 4 5 3 41 4 5
the ce co ti i g a o g ai orther y Right-of-Way i e, o th 46 5 09 a t, a i ta ce of
2 .35 feet to a a g e oi t
the ce co ti i g a o g ai orther y Right-of-Way i e, o th 00 01 51 We t, a i ta ce of
391.44 feet to a a g e oi t
the ce co ti i g a o g ai orther y Right-of-Way i e, North 9 1 36 a t, a i ta ce of
2 6.12 feet to the O N O NN N .
o tai i g 2.15 acre , ore or e .
a i of beari g bei g r ey No. 32, 19, Wa hi gto o ty r ey Recor .
REGISTERE
R ESSI
S R E R
REG
RE E S
TR IS SE
12564 SW Main St
Tigard, OR 97223
[T] 503-941-9484
[F] 503-941-9485
PDR2016-00009/SUB2016-00007/SLR2016-00009- ELDERBERRY RIDGE PD PAGE 1 OF 34
Agenda Item: 6
Hearing Date: January 23, 2017 Time: 7:00PM
SECTION I. APPLICATION SUMMARY
FILE NAME: ELDERBERRY RIDGE PLANNED DEVELOPMENT
CASE NOS.: Planned Development Review (PDR) PDR2016-00009
Subdivision (SUB) SUB2016-00007
Sensitive Lands Review (SLR) SLR 2016-00009
REQUEST: The applicant requests a Planned Development Concept Plan and Detailed Development
Plan approval for a 40-lot Subdivision of the 16.74-acre subject property located on the
east side of SW 79th Ave, south of the end of SW 76th Ave. Sensitive lands review is
requested for steep slopes exceeding 25 percent. The proposal protects 10.75 acres, or 64
percent of the 16.74 acre property in open space tracts. The existing residences and
accessory buildings will be removed. By separate application to City Council, a portion of
SW 76th Avenue right-of-way within the development site is requested to be vacated.
APPLICANT/
OWNER:
Riverside Homes, LLC.
Niki Munson
17933 NW Evergreen Pkwy, Ste. 370
Beaverton, OR 97006
APPLICANT’S
REP:
Ken Sandblast, AICP
Westlake Consultants, Inc.
15115 SW Sequoia Parkway, Suite 150
Tigard, OR 97224
LOCATION: The subject property is located at 14775 SW 76th Avenue; comprised of Washington
County Tax Map 2S112BD Tax Lots: 300, 400, 500, 600, 1500; Tax Map: 2S112CA Tax
Lot: 100.
ZONE/
COMP PLAN
DESIGNATION: R-4.5: low-density residential district. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at a
minimum lot size of 7,500 square feet. Duplexes and attached single-family units are
permitted conditionally. Some civic and institutional uses are also permitted conditionally.
R-7: medium-density residential district. The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family homes with or without
accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a
minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also
permitted outright. Some civic and institutional uses are also permitted conditionally.
STAFF REPORT TO THE
PLANNING COMMISSION
FOR THE CITY OF TIGARD, OREGON
120 DAYS = 3/16/2017
PDR2016-00009/SUB2016-00007/SLR2016-00009- ELDERBERRY RIDGE PD PAGE 2 OF 34
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters: 18.350 Planned Development Review;
18.390.050; Decision Making Procedures; 18.430 Subdivisions; 18.510 Residential Zoning
Districts; 18.705 Access, Egress and Circulation; 18.715 Density Computations; 18.745
Landscaping and Screening; 18.765 Off-Street Parking and Loading Requirements; 18.775
Sensitive Lands; 18.790 Urban Forestry; 18.795 Visual Clearance; 18.810 Street and Utility
Improvements.
SECTION II. STAFF RECOMMENDATION
Staff recommends that Planning Commission find that the proposed Planned Development Concept Plan, Detailed
Plan, Subdivision, and Sensitive Lands Review will not adversely affect the health, safety and welfare of the City and
meet the Approval Standards as outlined in Section VI of this report. Therefore, Staff recommends APPROVAL,
subject to the following Conditions of Approval.
PDR2016-00009/SUB2016-00007/SLR2016-00009- ELDERBERRY RIDGE PD PAGE 3 OF 34
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO COMMENCING ANY SITE WORK:
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 Community Development Department Attn: Gary
Pagenstecher, 503-718-2434. The cover letter shall clearly identify where in the submittal the required
information is found:
1. Prior to 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 city manager or designee within one week of the site inspection.
2. 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.
3. Prior to any site work, the applicant shall provide a fee in the amount of $2,175 for the city’s cost of
collecting and processing the inventory data for the entire urban forestry plan of 68 planted trees, and two
stands of trees: $151 first tree + $1,876 ($28 x 67) + $204 first stand + $44) = $2,175.
4. Prior to any site work, the applicant shall provide a tree establishment bond in the amount of $53,830 (68
Open Grown trees x $510/tree = $34,680 + 50 Stand Grown trees x $383/tree = $19,150)
5. Prior to any site work, the applicant shall submit revised plans showing vision clearance triangles at each
intersection.
6. Prior to any site work, the applicant shall submit the results of the City Council’s decision on the applicant’s
76th Avenue street vacation request. Provided the City Council grants the proposed vacation of a 3,485 square
foot portion of SW 76th Avenue right-of-way, proposed lots 16 and 17 can be approved, as proposed.
However, if the street vacation is not granted by Council, the applicant shall revise the preliminary plat to
show the existing right-of-way and to reconfigure the lots accordingly.
7. Prior to any site work, the applicant shall submit tree preservation plans showing preservation of the 60-inch
Douglas fir (#32387) for staff review and approval.
Submit to the Engineering Department (Kim McMillan, 503-718-2642) for review and approval:
8. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this
project to cover any work in the public right-of-way. Six (6/) sets of detailed public improvement plans shall
be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings
required by the Building Division and should only include sheets relevant to public improvements. Public
Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design
Standards, which are available at City Hall and the City’s web page (www.tigard-or.gov).
9. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the
individual or corporate entity who will be designated as the “Permittee”, and who will provide the financial
assurance for the public improvements. For example, specify if the entity is a corporation, limited
partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of
the corporate contact person. Failure to provide accurate information to the Engineering Department will
delay processing of project documents.
10. 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.
PDR2016-00009/SUB2016-00007/SLR2016-00009- ELDERBERRY RIDGE PD PAGE 4 OF 34
11. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility
Improvement permit, which indicate that they will construct a full-street improvement along SW Hansen and
SW 78th. The improvements adjacent to this site shall include:
A. City standard pavement section for a local street from curb to curb equal to 28 feet, with a 50-foot
ROW;
B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be
built beyond the site frontage;
C. concrete curb, or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface
runoff;
E. five-foot concrete sidewalk with a five-foot planter strip;
F. street trees in the planter strip spaced per TDC requirements;
G. street striping;
H. streetlight layout by applicant’s engineer, to be approved by City Engineer;
I. underground utilities;
J. street signs (if applicable);
K. driveway apron (if applicable).
12. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility
Improvement permit, which indicate that they will construct a half-street and full street improvements along
the frontage of SW 76th. The improvements adjacent to this site shall include:
A. City standard pavement section for a local street from curb to curb equal to 32 feet, with a 54-foot
ROW;
B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be
built beyond the site frontage;
C. concrete curb, or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface
runoff;
E. five-foot concrete sidewalk with a five-foot planter strip;
F. street trees in the planter strip spaced per TDC requirements;
G. street striping;
H. streetlight layout by applicant’s engineer, to be approved by City Engineer;
I. underground utilities;
J. street signs (if applicable);
K. driveway apron (if applicable).
13. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility
Improvement permit, which indicate that they will construct a half-street and full street improvements along
the frontage of SW 79th, a neighborhood route. The improvements adjacent to this site shall include:
A. City standard pavement section for a local street from curb to centerline equal to 18 feet, with six-foot
bike lane and 24 feet of travel lane minimum total, with a 58-foot ROW, minimum of 29 feet from
centerline;
B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be
built beyond the site frontage;
C. concrete curb, or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface
runoff;
E. five foot concrete sidewalk with a five foot planter strip, the applicant’s plans shall be revised to
provide the planter between the curb and sidewalk. In addition, the applicant shall extend sidewalk
both north and south to connect to existing sidewalk;
F. street trees in the planter strip spaced per TDC requirements;
G. street striping;
H. streetlight layout by applicant’s engineer, to be approved by City Engineer;
I. underground utilities;
J. street signs (if applicable);
K. driveway apron (if applicable).
PDR2016-00009/SUB2016-00007/SLR2016-00009- ELDERBERRY RIDGE PD PAGE 5 OF 34
14. The applicant’s construction drawings shall show that the pavement and rock section for the proposed private
street(s) shall meet the City’s public street standard for a local residential street.
15. Street lights are required on the private street and shall be metered separately from the public system.
16. The applicant shall establish stop sign control on the newly constructed site access approach to SW 79th
Avenue, as recommended in the Traffic Analysis Report prepared by Charbonneau Engineering, dated May
2016. All other recommendations shall be incorporated, as well.
17. Sanitary sewer and storm drainage details shall be provided as part of the Public Facility Improvement (PFI)
permit plans. Calculations and a topographic map of the storm drainage basin and sanitary sewer service area
shall be provided as a supplement to the Public Facility Improvement (PFI) permit plans. Calculations shall
be based on full development of the serviceable area. The location and capacity of existing, proposed, and
future lines shall be addressed.
18. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI)
permit construction drawings and shall be reviewed and approved by the City’s Water Department, as a part
of the Engineering Department plan review. NOTE: An estimated 12 percent of the water system costs
must be on deposit with the Water Department prior to approval of the PFI permit plans from the
Engineering Department and construction of public water lines.
19. The applicant shall provide an on-site water quality facility as required by Clean Water Services Design and
Construction Standards (adopted by Resolution and Order No. 00-7). Final plans and calculations shall be
submitted to the Engineering Department (Kim McMillan) for review and approval prior to issuance of the
site permit. In addition, a proposed maintenance plan shall be submitted along with the plans and
calculations for review and approval.
20. The applicant shall provide a maintenance access road to the facility and any drainage structures within the
facility to accommodate City maintenance vehicles. The access road shall be paved and have a structural
section capable of accommodating a 50,000-pound vehicle. The paved width shall be a minimum of 10 feet
wide, and there shall be two-foot rock shoulders provided on each side. If the maintenance roadway is over
150 feet in length, a turnaround shall be provided.
21. The applicant shall provide an approvable trail route to accommodate the Fanno Creek Trail and feasible
construction equipment access in lieu of SW 76th Avenue ROW.
22. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings.
The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual,
current edition.”
23. 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.
24. The applicant shall incorporate the recommendations from the submitted geotechnical report by GeoPacific
Engineering, Inc, dated May 22, 2016, into the final grading plan. The geotechnical engineer shall be
employed by the applicant throughout the entire construction period to ensure that all grading, including cuts
and fills, are constructed in accordance with the approved plan and Appendix Chapter 33 of the UBC. A final
construction supervision report shall be filed with the Engineering Department prior to issuance of building
permits.
25. The design engineer shall indicate, on the grading plan, which lots will have natural slopes between ten
percent and 20 percent, as well as lots that will have natural slopes in excess of 20 percent. This information
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will be necessary in determining if special grading inspections and/or permits will be necessary when the lots
develop.
26. The final construction plans shall be signed by the geotechnical engineer to ensure that they have reviewed
and approved the plans. The geotechnical engineer shall also sign the as-built grading plan at the end of the
project.
27. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and
the Federal Clean Water Act.
THE FOLLOWING CONDITION SHALL BE MET 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 Community Development Department Attn: Gary
Pagenstecher, 503-718-2434. The cover letter shall clearly identify where in the submittal the required
information is found:
28. Prior to final plat approval, the applicant shall submit a revised plat that shows Lots 18 and 19 are connected
directly with a public or private street.
29. Prior to final plat approval, the applicant shall submit a determination in writing by the parks and facilities
division manager (Steve Martin 503-718-2583) regarding acceptance of the proposed open space dedication
for a public park.
Submit to the Engineering Department (Kim McMillan, 503-718- 2642) for review and approval:
30. Prior to final plat approval, the applicant shall pay $ 1001.50 to the City for the striping of the bike lane along
the frontage of SW 79th Avenue.
31. The applicant’s final plat shall contain State Plane Coordinates on two monuments with a tie to the City’s
global positioning system (GPS) geodetic control network (GC 22) as recorded in Washington County survey
records. These monuments shall be on the same line and shall be of the same precision as required for the
subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert
ground measurements to grid measurements and the angle from north to grid north. These coordinates can
be established by:
GPS tie networked to the City’s GPS survey.
By random traverse using conventional surveying methods.
32. Prior to final plat approval, the applicant shall pay the addressing fee in the amount of $2,100.00.
33. Prior to final plat approval, the applicant shall place a statement on the face of the final plat indicating the
private street(s) will be owned and maintained by the properties that will be served by it/them. In addition,
the applicant shall record Conditions, Covenants and Restrictions (CC&R’s) along with the final plat that will
clarify how the private property owners are to maintain the private street(s). These CC&R’s shall be reviewed
and approved by the City prior to approval of the final plat. The City’s public improvement design standards
require private streets to have a pavement section equal to a public local street. The applicant will need to
provide this type of pavement section.
34. Prior to final plat approval, the applicant shall form an HOA for the maintenance of the private street and
sensitive areas and tracts.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
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Submit to the Engineering Department (Kim McMillan, 503-718- 2642) for review and approval:
35. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public
improvements substantially complete. Substantial completion shall be when: 1) all utilities are installed and
inspected for compliance, including franchise utilities, 2) all local residential streets have at least one lift of
asphalt, 3) any off-site street and/or utility improvements are substantially completed, and 4) all street lights
are installed and ready to be energized.
36. Prior to issuance of building permits the applicant shall provide the City with as-built drawings of the public
improvements as follows: 1) three mil mylar, 2) a diskette of the as-builts in “DWG” format, if available;
otherwise “DXF” will be acceptable, and 3) the as-built drawings shall be tied to the City’s GPS network.
The applicant’s engineer shall provide the City with an electronic file with points for each structure
(manholes, catch basins, water valves, hydrants and other water system features) in the development, and their
respective X and Y State Plane Coordinates, referenced to NAD 83 (91).
37. The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists
the addresses that are served by the given driveway or street.
38. The applicant shall place the existing overhead utility lines along SW 79th Avenue underground as a part
of this project.
39. Prior to issuance of the building permit, the applicant shall pay the fee in-lieu of constructing an on-site
water quantity facility. The fee is based on the total area of new impervious surfaces in the proposed
development.
THIS PLANNED DEVELOPMENT APPROVAL SHALL BE VALID FOR 7 YEARS
FROM THE EFFECTIVE DATE OF THIS DECISION
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SECTION III. BACKGROUND INFORMATION
Site History and Vicinity Information:
The subject site is zoned R-4.5 to the west and R-7 to the north and east. The site is bordered on the east by land
zoned I-P, on the northwest by land zoned R-12, and on the west and south by land zoned R-4.5. City records show
that adjacent development and streets stubbed to the site to the northwest were approved under the Brittany
Meadows Subdivision (SUB2005-00015). In addition, a portion of the site fronting SW 76th Avenue was subject to a
subdivision approval that has since expired (SUB20007-00001).
Existing conditions on the subject property are the result of a multiple generation use of the property for cattle and
farm uses. Fanno Creek flows along the eastern boundary of the subject property and through a portion of the NE
corner of the subject property. As depicted on the existing conditions plan sheet, there are two areas of the subject
property outside the floodplain, one in the western area of the subject property along SW 79th Ave and the other
essentially being the north half of the subject property between SE Hansen Lane and SW 76th Ave. Given that the
majority of the property has been used historically for grazing livestock, there are few existing trees. In the central
and southern areas of the property, there is a large area of property below the 100-year floodplain elevation,
including Tigard significant wetlands. As depicted by both the Wetland Delineation Report and the existing
conditions plan sheet, there are two additional isolated areas of delineated jurisdictional wetlands, one along northern
boundary totaling 0.12 acres and one in the western portion of the subject property totaling 0.70 acres. The applicant
is working through the Oregon Department of State Lands and Army Corps of Engineers permits to receive
permission to fill both of these isolated wetlands.
Proposal Description:
The applicant requests a Planned Development Concept Plan and Detailed Development Plan approval for a 40-lot
Subdivision of the 16.74-acre subject property located on the east side of SW 79th Ave, south of the end of SW 76th
Ave. Sensitive lands review is requested for steep slopes exceeding 25 percent. No other city regulated sensitive lands
are affected by the proposal. The proposal protects 10.75 acres, or 64 percent of the 16.74 acre property in open
space tracts. The existing residences and accessory buildings will be removed. By separate application to City Council,
a portion of SW 76th Avenue right-of-way within the development site is requested to be vacated.
SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET
The applicant held formal neighborhood meetings on January 26, 2016. According to the applicant’s affidavit,
approximately 30 people attended. Neighbor concern focused on street improvements and traffic, development
schedule, and natural area restoration.
On November 29, 2016 the City sent notice of a pending land use action to neighboring property owners within
500 feet of the subject site boundaries and posted the site on January 3, 2017. The City received two written
comments from neighbors.
Roberto Soto of 7768 SW Hansen Ln commented that the traffic analysis done by the applicant may not have
sufficiently accounted for new traffic on SW Hansen Ln and worries that cut-through traffic may adversely affect
that street. In addition, he is generally concerned about the effects of the setback variance requests.
RESPONSE: The Traffic Analysis (Exhibit O) was designed in conjunction with the City’s Development Review
Engineer. The City’s Development Review Engineer has provided findings below in this report addressing potential
adverse effects of the proposed development and has conditioned the development to be consistent with applicable
standards where they have not been met as proposed. If it is determined in the future that cut-through traffic is
having an adverse effect, the City’s engineering department should be contacted to identify appropriate solutions.
In addition, the applicant has proposed building setback standards that are either consistent with the base zone
standards, or are permitted for planned developments as described in the findings below in this report. No setback
variances are required.
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Cynthia Golledge of 14657 SW 78th Avenue commented that there is a need for public facilities improvements
along SW 76th and SW 79th Avenues that are need for pedestrian safety. In addition, she worries that site hydrology
associated with Fanno Creek may be problematic and wonders how the development manages this.
RESPONSE: As shown in the findings below in this staff report, the applicant will be required to provide street
improvements along SW 76th and 79th Avenues, including sidewalks along the subject property’s frontages and
beyond to meet existing sidewalk along 79th Avenue. The applicant plans to fill the buildable area in the western
portion of the site and provide necessary storm drainage and soil preparation per the Geotechnical study provided
by the applicant.
SECTION V. SUMMARY OF APPLICABLE CRITERIA
The following summarizes the applicable Tigard Development Code criteria to this decision in the order in which
they are addressed:
18.350 Planned Developments
18.430 Subdivisions
18.510 Residential zoning districts
18.705 Access, Egress and Circulation
18.715 Density Computations
18.745 Landscaping and Screening
18.765 Off-street Parking and Loading Requirements
18.775 Sensitive Lands
18.790 Urban Forestry Plan
18.795 Vision Clearance Areas
18.810 Street and Utility Improvement Standards
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.350 PLANNED DEVELOPMENTS
18.350.020 Process
A.Applicable in all zones. The planned development designation is an overlay zone applicable to all
zones. An applicant may elect to develop the project as a planned development, in compliance with
the requirements of this chapter, or in the case of a commercial or industrial project an approval
authority may apply the provisions of this chapter as a condition of approving any application for
the development.
The applicant proposes to develop the project as a planned development.
D. Concurrent applications for concept plan and detailed plan. In the case of concurrent applications
for concept plan and detailed development plan, including subdivision applications, the applicant
shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take
separate actions on each element of the planned development application (i.e., the concept
approval must precede the detailed development approval); however each required action may be
made at the same hearing.
The applicant is applying for a concurrent review of the planned development concept plan and the detailed
development plan. Preliminary Plans include the PD Concept Plan (Exhibit L), the Detailed Development Plan Set
(Exhibit N). The applicant’s narrative addresses the concept plan criteria on pages 6-7. The Commission shall take
separated actions, first on the proposed concept plan, and second on the detailed plan.
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18.350.050 Concept Plan Approval Criteria
The concept plan may be approved by the commission only if all of the following criteria are met:
1.The concept plan includes specific designations on the concept map for areas of open space,
and describes their intended level of use, how they relate to other proposed uses on the site, and
how they protect natural features of the site.
As shown on the Concept Development Plan in Exhibit L, Tract A and Tract E contain the wetlands and other
natural features associated with Fanno Creek on the subject property to ensure that they are protected from
development and preserved for open space. The stormwater tracts will also serve as open space for the project and
have been located adjacent to the open space tracts. The layout of the subdivision incorporates pedestrian
connectivity from public rights-of-way in three locations to the open space tracts.
The applicant is proposing to remove a 60-inch Douglas fir tree (#32387) that is in excellent condition. Staff
disagree that the tree needs to be removed and will condition the decision for preservation of the tree. There is
ample space to work with and a design solution should be easily found that allows for the tree to be preserved as
one of the finer natural features on the site. With an added condition of approval requiring preservation of the 60-
inch Douglas fir this criterion is met.
2.The concept plan identifies areas of trees and other natural resources, if any, and identifies
methods for their maximized protection, preservation, and/or management.
As described in the arborist Supplemental Report (Exhibit I,) all 51 on-site trees are proposed to be removed. Over
half of these received condition or preservation ratings of less than two, which diminish their value for preservation.
Most of the rest are in conflict with proposed development. The exception being one 60-inch Douglas fir (#32387)
that is in excellent shape that is proposed to be removed by the applicant due to conflicting grades for proposed
access to multi-use Tract C. Staff disagree that the tree needs to be removed and will condition the decision for
preservation of the tree. There is ample space to work with and a design solution should be easily found that allows
for the tree to be preserved. With an added condition of approval requiring preservation of the 60-inch Douglas fir
(#32387) this criterion is met.
3.The concept plan identifies how the future development will integrate into the existing
neighborhood, either through compatible street layout, architectural style, housing type, or by
providing a transition between the existing neighborhood and the project with compatible
development or open space buffers.
As depicted on the Concept Development Plan in Exhibit L, SW Hanson Ln. and SW 78th Ave. are extended and
connect to SW 76th Ave. Due to the location of sensitive land areas upon the subject property, a new public street
intersecting with SW 79th Ave and connecting SW Hansen Ln. and SW 76th Ave. is not feasible. Thus, a private
street is proposed to serve development in the western area of the subject property. Lot sizes utilize the flexibility
standards set forth in the Section 18.350.060 of the code to minimize interior lots while keeping perimeter lots at
the applicable lot standards of the base zone. This will allow the development to blend into the existing fabric of the
surrounding homes and street network. The locations of the stormwater tracts will provide a transition buffer to the
wetlands and sensitive areas associated with Fanno Creek. This criterion is met.
4.The concept plan identifies methods for promoting walkability or transit ridership, such
methods may include separated parking bays, off street walking paths, shorter pedestrian routes
than vehicular routes, linkages to or other provisions for bus stops, etc.
The development of the subject property with street improvements and the connections of SW 78th Ave. and SW
Hanson Ln. with 76th Ave. provide pedestrian linkages between SW 76th Ave and SW 79th Ave. The preservation
of the wetlands and sensitive areas in Tract A and Tract E provide an opportunity for future trails. Tract A and
Tract E will be considered for dedication to the City for improvements to be cooperatively planned by the City
Parks Department and Clean Water Services watershed program. The nearest transit line is bus route 76 with stops
at SW Hall Blvd and Ross Street. However, this line is greater than half a mile distant by available public street from
the subject property. This criterion is met.
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5.The concept plan identifies the proposed uses, and their general arrangement on site. In the
case of projects that include a residential component, housing type, unit density, or generalized
lot sizes shall be shown in relation to their proposed location on site.
The Concept Development Plan in Exhibit L of the application illustrates the proposed lot lines, lot sizes, and
density of the proposed development. This criterion is met.
6.The concept plan must demonstrate that development of the property pursuant to the plan
results in development that has significant advantages over a standard development. A concept
plan has a significant advantage if it provides development consistent with the general purpose
of the zone in which it is located at overall densities consistent with the zone, while protecting
natural features or providing additional amenities or features not otherwise available that
enhance the development project or the neighborhood.
As depicted by the Concept Development Plan in Exhibit L of the application and the Detailed Development Plan
in Exhibit N of the application, the proposed development preserves and protects 10.75 acres of the 16.74 acre
subject property in open space tracts, Tract A and Tract E. A planned development requires a minimum 20% of the
subject property be preserved as open space. With 64% of the subject property not being developed, this application
provides 321% more open space than the minimum required and demonstrates significant advantages over standard
subdivision development which requires no open space. Development is located on the subject property outside of
the sensitive areas associated with Fanno Creek, and utilizes lot size exemptions for a planned development to
achieve a higher average density as allowed through density transfer shown in calculations in Exhibit J of the
application. This criterion is met.
FINDING: As shown in the analysis above, staff finds that the proposed Concept Plan meets the concept plan
approval criteria with one added condition of approval for preservation of the existing 60-inch
Douglas fir tree (#32387).
RECOMMENDATION: Staff recommends the Planning Commission approve the proposed Concept Plan
as conditioned (Exhibit L of the application).
18.350.060 Detailed Development Plan Submission Requirements
C.Compliance with specific development standards. The detailed development plan shall show
compliance with base zone provisions, with the following modifications:
1.Lot dimensional standards. The minimum lot depth and lot width standards shall not apply.
There shall be no minimum lot size except that lots on the perimeter of the project shall not be
less than 80% of the minimum size required in the base zone.
No perimeter lots are proposed at less than the minimum 80% of minimum lot size. This standard is met.
2.Site coverage. The maximum site coverage is 80%, except in the IP zone where the maximum
site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as
streets and sidewalks.
No lots are proposed to exceed 80% coverage. This standard is met.
3.Building height. In residential zones, any increase in the building height above the maximum
in the base zone will require that the structure be set back from the perimeter of the site a
distance of at least 1-1/2 times the height of the building.
The applicant does not proposed increasing the height allowed in the R-4.5 zone (30 feet) or R-7 zone (35 feet).
This standard is met.
4.Structure setback provisions:
a.Setbacks for structures on the perimeter of the project shall be the same as that required by
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the base zone unless otherwise provided by Chapter 18.360;
b.The setback provisions for all setbacks on the interior of the project shall not apply except
that:
i.All structures shall meet the Uniform Building and Fire Code requirements;
ii.A minimum front yard setback of 20 feet is required for any garage structure which
opens facing a street. This setback may be reduced for rear or side loaded garages, if
specified on the detailed plan and proper clearances for backing movements are
accounted for;
iii.A minimum front yard setback of eight feet is required for any garage opening for an
attached single-family dwelling facing a private street as long as the required off-street
parking spaces are provided. This setback may be reduced for rear or side loaded
garages, if specified on the detailed plan and proper clearances for backing movements
are accounted for.
c.If seeking to modify the base zone setbacks, the applicant shall specify the proposed
setbacks, either on a lot by lot, or project wide basis. The commission may require site
specific building envelopes.
As shown in the Site and Building Setback Plan (Sheet P400) the proposed setbacks and building envelopes for each
lot are designed to meet the R-4.5 and R-7 standards, with requested adjustments for interior side yard setbacks
(from 5 to 3 feet) as permitted with planned development review. The setback provisions are met.
5.Other provisions of the base zone. All other provisions of the base zone shall apply except as
modified by this chapter.
As shown in the applicant’s preliminary plans and narrative, the proposed development complies with all other
provisions of the R-4.5 and R-7 base zones. This provision is met.
FINDING: Based on the analysis above, the detailed development plan is consistent with the applicable base
zone development provisions. These provisions are met.
18.350.70 Detailed Development Plan Approval Criteria
A detailed development plan may be approved only if all the following criteria are met:
A.The detailed plan is generally consistent with the concept plan. Minor changes from the concept
plan do not make the detailed plan inconsistent with the concept plan unless:
1.The change increases the residential densities, increases the lot coverage by buildings or
reduces the amount of parking;
2.The change reduces the amount of open space and landscaping;
3.The change involves a change in use;
4.The change commits land to development which is environmentally sensitive or subject to a
potential hazard; and
5.The change involves a major shift in the location of buildings, proposed streets, parking lots,
landscaping or other site improvements.
The detailed plan is generally consistent with the concept plan and none of the above changes are proposed or
anticipated. This criterion is met.
B.All the provisions of the land division provisions, Chapters 18.420, Partitions, and 18.430,
Subdivisions, shall be met if applicable;
All provisions of the subdivision provisions are met and demonstrated in Section 18.430 of this report. This
criterion is met.
C.Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned
development need not meet these requirements where a development plan provides alternative
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designs and methods, if acceptable to the commission that promotes the purpose of this chapter. In
each case, the applicant must provide findings to justify the modification of the standards in the
chapters listed below. The applicant shall respond to all the applicable criteria of each chapter as
part of these findings and clearly identify where their proposal is seeking a modification to the strict
application of the standards. For those chapters not specifically exempted, the applicant bears the
burden of fully complying with those standards, unless a variance or adjustment has been
requested.
The applicant does not request modification to the applicable standards of Chapter 18.350.070.C.1-8. The applicant
narrative addresses the applicable standards and are addressed in the findings below and in subsequent sections of
this report.
D.In addition, the following criteria shall be met:
1.Relationship to the natural and physical environment:
a.The streets, buildings and other site elements shall be designed and located to preserve the
existing trees, topography and natural drainage to the greatest degree possible. The
commission may require the applicant to provide an alternate site plan to demonstrate
compliance with this criterion;
b.Structures located on the site shall not be in areas subject to ground slumping and sliding as
demonstrated by the inclusion of a specific geotechnical evaluation; and
c.Using the basic site analysis information from the concept plan submittal, the structures
shall be oriented with consideration for the sun and wind directions, where possible.
The site layout was designed around the existing topography and wetlands to minimize the impact of the development.
The natural drainage patterns on the subject property are maintained. A Geotechnical Report is included in Exhibit H.
The final grading plan for the project will ensure that each lot will permit the construction of homes upon stable
ground. The site layout was designed around the existing topography and wetlands to minimize the impact of the
development. 70% of the proposed lots run north to south with front and rear yard setbacks providing ample distance
between homes for solar access. Of the 40 lots in the subdivision, only 12 lots will have side lots with limited solar
access to the south due to their east/west orientation.
The applicant is proposing to remove a 60-inch Douglas fir tree (#32387) that is in excellent condition. Staff disagree
that the tree needs to be removed and will condition the decision for streets, buildings and other site elements to be
designed and located to preserve the tree. There is ample space to work with and a design solution should be easily
found that allows for the tree to be preserved in order to meet this criterion of tree preservation to the greatest degree
possible. With an added condition of approval requiring preservation of the 60-inch Douglas fir this criterion is met.
2.Buffering, screening and compatibility between adjoining uses:
a.Buffering shall be provided between different types of land uses; e.g., between single-family
and multifamily residential, and residential and commercial uses;
b.In addition to the requirements of the buffer matrix (Table 18.745.1), the requirements of the
buffer may be reduced if a landscape plan prepared by a registered landscape architect is
submitted that attains the same level of buffering and screening with alternate materials or
methods. The following factors shall be considered in determining the adequacy and extent
of the buffer required under Chapter 18.745:
i.The purpose of the buffer, for example to decrease noise levels, absorb air pollution,
filter dust, or to provide a visual barrier;
ii.The size of the buffer needs in terms of width and height to achieve the purpose;
iii.The direction(s) from which buffering is needed;
iv.The required density of the buffering; and
v.Whether the viewer is stationary or mobile.
c.On-site screening from view from adjoining properties of such activities as service areas,
storage areas, parking lots and mechanical devices on roof tops shall be provided and the
following factors shall be considered in determining the adequacy of the type and extent of
the screening:
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i.What needs to be screened;
ii.The direction from which it is needed; and
iii.Whether the screening needs to be year-round.
The subject property abuts a multifamily apartment complex to the north. This is the only area of the development
which requires buffering. A 10-foot buffer is provided by the rear yard setbacks on Lots 35 - 40. The purpose of the
buffer is to provide a visual barrier bet een surround ng attached mult fam l un ts and the ro osed detached s ngle-
family development. The standard Type "A" buffer between single-family and multi-family is 10 feet horizontal, with
lawn and or living ground cover. Directionality is not relevant in this case, as the buffering is focused on horizontal
separation of different unit types. Therefore adequate buffering is provided, and these criteria are met.
3.Privacy and noise. Nonresidential structures which abut existing residential dwellings shall be
located on the site or be designed in a manner, to the maximum degree possible, to protect the
private areas on the adjoining properties from view and noise;
No nonresidential structures are proposed that would abut an existing residential development. This criterion does
not apply.
4.Exterior elevations—Single-family attached and multiple-family structures. Along the vertical
face of single-family attached and multiple-family structures, offsets shall occur at a minimum
of every 30 feet by providing any two of the following:
a.Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet;
b.Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a
maximum length of an overhang shall be 25 feet; and
c.Offsets or breaks in roof elevations of three or more feet in height.
This application is for a detached single-family development; therefore these criteria are not applicable.
5.Private outdoor area—Residential use:
a.Exclusive of any other required open space facility, each ground-level residential dwelling
unit shall have an outdoor private area (patio, terrace, or porch) of not less than 48 square
feet with a minimum width dimension of four feet;
b.Wherever possible, private outdoor open spaces should be oriented toward the sun; and
c.Private outdoor spaces shall be screened or designed to provide privacy for the use of the
space.
This application creates 40 lots through a PD subdivision. No specific structures are proposed at this time. The
applicant has not included any conceptual design for the homes. Rather it is anticipated that each home will be
designed to meet the owner's preferences, including the provision of private outdoor space and privacy screening.
However, each lot will have standard depth front and rear yards, which will provide reasonable privacy as well as space
for the minimum outdoor living space (in excess of the minimum 48 square foot requirement). The site layout was
designed around the existing topography and wetlands to minimize the impact of the development. Yet, seventy
percent of the proposed lots run north to south with front and rear yard setbacks providing ample distance between
homes for solar access. Of the 40 lots in the subdivision, only 12 lots will have side lots with limited solar access to the
south due to their east/west orientation. These criteria are met.
6.Shared outdoor recreation and open space facility areas—Residential use:
a.Exclusive of any other required open space facilities, each residential dwelling development
shall incorporate shared usable outdoor recreation areas within the development plan as
follows:
i.Studio units up to and including two bedroom units, 200 square feet per unit;
ii.Three or more bedroom units, 300 square feet per unit.
b.Shared outdoor recreation space shall be readily observable from adjacent units for reasons
of crime prevention and safety;
c.The required recreation space may be provided as follows:
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i.Additional outdoor passive use open space facilities;
ii.Additional outdoor active use open space facilities;
iii.Indoor recreation center; or
iv.A combination of the above.
Shared outdoor recreation and open space requirements of 18.350.070.D.6 apply to multifamily development. The
proposed development consists of single-family detached development. Nevertheless, open space Tract A and Tract
E, meet the definition of passive use facilities consisting of 468,270 square feet. This criterion is met.
7.Access and circulation:
a.The number of required access points for a development shall be provided in Chapter 18.705;
b.All circulation patterns within a development must be designed to accommodate emergency
and service vehicles; and
c.Provisions shall be made for pedestrian and bicycle ways abutting and through a site if such
facilities are shown on an adopted plan or terminate at the boundaries of the project site.
On the western end of the subject property, a new private street accesses 79th Ave. and terminates in a
hammerhead configuration. The existing wetlands prevent the continuation of this street. The northern end of the
development continues the street pattern network with the extension of SW Hansen Ln. and SW 78th Ave. to SW
76th Ave. However, proposed lots 18 and 19 are not served by a street and have been conditioned to comply with
applicable standards. Compliance with the access and circulation standards are addressed in subsequent sections of
this report. No adjustments are requested. This criterion is met.
8.Landscaping and open space—Residential development. In addition to the buffering and
screening requirements of paragraph 2 of this subsection D, and any minimal use open space
facilities, a minimum of 20% of the site shall be landscaped. This may be accomplished in
improved open space tracts, or with landscaping on individual lots provided the developer
includes a landscape plan, prepared or approved by a licensed landscape architect, and surety
for such landscape installation.
The two multi-use storm water facilities, Tract B and Tract C, consist of 21,661 sq. ft. of landscaping pre CWS
standards. Tract A and Tract D, totaling 468,270 sq. ft., meet the definition of a passive use facility, and will be
considered for dedication to the City for improvements to be cooperatively planned by the City Parks Department
and Clean Water Services watershed program. Combined, these areas will constitute up to 67 percent of the gross
site area for landscaping. This criterion is met.
9.Public transit:
a.Provisions for public transit may be required where the site abuts or is within a quarter mile
of a public transit route. The required facilities shall be based on:
i.The location of other transit facilities in the area; and
ii.The size and type of the proposed development.
b.The required facilities may include but are not necessarily limited to such facilities as:
i.A waiting shelter;
ii.A turn-out area for loading and unloading; and
iii.Hard surface paths connecting the development to the waiting area.
c.If provision of such public transit facilities on or near the site is not feasible, the developer
may contribute to a fund for public transit improvements provided the Commission
establishes a direct relationship and rough proportionality between the impact of the
development and the requirement.
Transit service is available via Tri-Met bus route 76 along SW Hall Blvd to the west. However, the subject property is
not within a quarter mile of any public transit route. These provisions are not applicable.
10.Parking:
a.All parking and loading areas shall be generally laid out in accordance with the
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requirements set forth in Chapter 18.765;
b.Up to 50% of required off-street parking spaces for single-family attached dwellings may be
provided on one or more common parking lots within the planned development as long as
each single-family lot contains one off-street parking space.
This application does not involve attached units or any public or common parking and loading areas, other than
allowed on-street ark ng ach lot ll have am le area for off street ark ng t s ant c ated that the homes will
all have at least a 2-car garage th double car dr ve a s providing four/spaces per unit. Therefore these criteria
are not applicable.
11.Drainage. All drainage provisions shall be generally laid out in accordance with the
requirements set forth in Chapter 18.810. An applicant may propose an alternate means for
stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the
level of treatment will result from the use of such means as green streets, porous concrete, or
eco roofs.
This application includes a Storm Drainage Report (Exhibit G), which outlines the drainage needs and basic design
for this development. The proposed system is designed to meet City and CWS standards, and will discharge to
Tracts B and C, designed to provide a water quality facility serving the entire development. This criterion is met.
12.Floodplain dedication. Where landfill and/or development are allowed within or adjacent to the
100-year floodplain, the city shall require consideration of the dedication of sufficient open land
area for a greenway adjoining and within the floodplain. This area shall include portions of a
suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in
accordance with the adopted pedestrian bicycle pathway plan.
Tract A and Tract E include sensitive lands on the subject property consisting of the 100-year floodplain, wetlands, the
Clean Water Services vegetative corridor, and other sensitive lands associated with Fanno Creek. 10.75 acres are set
aside in Tract A and Tract E as open space for the preservation of the land. The tracts will be considered for
dedication to the City for improvements to be cooperatively planned by the City Parks Department and Clean Water
Services watershed program. This criterion is met.
13.Shared open space facilities. These requirements are applicable to residential planned
developments only. The detailed development plan shall designate a minimum of 20% of the
gross site area as a shared open space facility. The open space facility may be comprised of any
combination of the following:
a.Minimal use facilities. Up to 75% of the open space requirement may be satisfied by
reserving areas for minimal use. Typically these areas are designated around sensitive lands
(steep slopes, wetlands, streams, or 100-year floodplain).
b.Passive use facilities. Up to 100% of the open space requirement may be satisfied by
providing a detailed development plan for improvements (including landscaping, irrigation,
pathway and other structural improvements) for passive recreational use.
c.Active use facilities. Up to 100% of the open space requirement may be satisfied by
providing a detailed development plan for improvements (including landscaping, irrigation,
pathway and other structural improvements) for active recreational use.
d.The open space area shall be shown on the final plan and recorded on the final plat or
covenants.
A large portion of the gross development site includes lands with sensitive areas as shown in the Detailed
Development Plan (Exhibit N), and the Wetlands Delineation Report (Exhibit P). The total gross square footage for
the subject property is 729,338 S.F. The 20 percent requirement for open space is 145,867 S.F. Tract A and Tract E,
passive use facilities, total 468,270 S.F. These criteria are met.
14.Open space conveyance: Where a proposed park, playground or other public use shown in a
plan adopted by the city is located in whole or in part in a subdivision, the commission may
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require the dedication or reservation of such area within the subdivision, provided that the
reservation or dedication is roughly proportional to the impact of the subdivision on the park
system.
Where considered desirable by the commission in accordance with adopted comprehensive
plan policies, and where a development plan of the city does not indicate proposed public use
areas, the commission may require the dedication or reservation of areas within the subdivision
or sites of a character, extent and location suitable for the development of parks or other public
use, provided that the reservation or dedication is roughly proportional to the impact of the
subdivision on the park system. The open space shall be conveyed in accordance with one of
the following methods:
a.Public ownership. Open space proposed for dedication to the city must be acceptable to it
with regard to the size, shape, location, improvement, and budgetary and maintenance
limitations. A determination of city acceptance shall be made in writing by the parks &
facilities division manager prior to final approval. Dedications of open space may be eligible
for systems development charge credits, usable only for the proposed development. If
deemed to be not acceptable, the open space shall be in private ownership as described
below.
b.Private ownership. By conveying title (including beneficial ownership) to a corporation,
home association or other legal entity, and granting a conservation easement to the city in a
form acceptable by the city. The terms of the conservation easement must include
provisions for the following:
i.The continued use of such land for the intended purposes;
ii.Continuity of property maintenance;
iii.When appropriate, the availability of funds required for such maintenance;
iv.Adequate insurance protection; and
v.Recovery for loss sustained by casualty and condemnation or otherwise.
The City Parks Department has made a request to have the open space areas, Tract A and Tract E, considered for
future dedication to the City. City Parks has indicated it will accept the proposed open space for use as a public
park, subject to the provisions for acceptance:
Open space proposed for dedication to the city must be acceptable to it with regard to the size, shape, location, and
improvement and budgetary and maintenance limitations. A determination of city acceptance shall be made in
writing by the parks and facilities division manager prior to final approval. Dedications of open space may be eligible
for systems development charge credits, usable only for the proposed development. If deemed to be not acceptable,
the open space shall be in private ownership.
FINDING: Based on the analysis above, the applicable detailed development plan approval criteria are met, or
have been conditioned to be met. To ensure these standards are met the following condition of
approval shall be applied.
CONDITION:
Prior to final plat approval, the applicant shall submit a determination in writing by the parks and
facilities division manager regarding acceptance of the proposed open space dedication for a public
park.
Prior to any site work, the applicant shall submit tree preservation plans showing preservation of the
60-inch Douglas fir (#32387) for staff review and approval.
18.430 SUBDIVISIONS
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Approval Criteria: Preliminary Plat
A.Approval criteria. The approval authority may approve, approve with conditions or deny a
preliminary plat based on the following approval criteria:
1.The proposed preliminary plat complies with the applicable zoning ordinance and other
applicable ordinances and regulations;
The Preliminary Plat (Sheet P300) is in compliance with the specific regulations and standards of the zoning
ordinance, which are addressed in greater detail in this staff report. The proposal either meets, or can be
conditioned to meet, the applicable standards.
2.The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter
92;
The applicant submitted a plat name reservation from the Washington County Surveyor dated January 25, 2016
certifying the proposed “Elderberry Ridge” plat name. This criterion is met.
3.The streets and roads are laid out so as to conform to the plats of subdivisions and maps of
major partitions already approved for adjoining property as to width, general direction and in all
other respects unless the city determines it is in the public interest to modify the street or road
pattern; and
There is an adjacent subdivision, Brittany Meadows, already approved and adjoining the property to the west, with
SW 78th Avenue and Hansen Ln stubbed to the site. The proposed development includes extensions of these streets
through the site and improvements to SW 79th Ave along the frontage of the subject property. Conditions of
approval will ensure the streets are designed and constructed to meet the applicable Public Works design standards.
This criterion is met.
4.An explanation has been provided for all common improvements.
The applicant’s narrative provides an explanation for all common improvements, as required. Specific details of the
proposed improvements are discussed later in this decision under the Street and Utility Improvement Standards;
Section 18.810. This criterion is met.
FINDING: Based on the analysis above, the proposal meets all of the preliminary plat approval criteria for
subdivisions and can be approved.
18.510 RESIDENTIAL ZONING DISTRICTS
18.510.030 Uses
B. Use table. A list of permitted, restricted, conditional and prohibited uses in residential zones is presented
in Table 18.510.1.
The subject site is zoned R-4.5 and R-7, Low and Medium-Density residential. Detached single-family residential
dwelling units are proposed and are a permitted use in this zone. This requirement is met.
B. Development standards. Development standards in residential zoning districts are contained in Table
18.510.2.
The Detailed Development Plan in the application’s Exhibit N provides dimensions for all lot boundaries as well as
lot square footage area calculations. The planned development code 18.350.060.C. allows modifications to the base
zone standards identified above earlier in this report. Lot dimensional standards in a PD do not apply to interior
lots of the development. Perimeter lots must meet 80% of the base zones required lot size.
According to the applicant’s narrative, Table 1 Individual Lot Setbacks, perimeter lots in the R-4.5 zone are larger
than 6,000 sq. ft. which is 80% of the 7,500 sq. ft. required; perimeter lots in the R-7 zone are larger than 4,000 sq.
ft. which is 80% of the 5,000 sq. ft. required. TDC 18.350.060.C.4 allows modifications to setbacks for the interior
lots as long as the structures meet the Uniformed Building and Fire Code requirements and have a minimum front
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yard setback of 20 feet for garage structures. All the perimeter lots meet the base zoning setback standards. The
majority of the interior lots also meet the base zoning standards.
FINDING: Based on the analysis above, base zone development standards in the R-4.5 and R-7 residential zones
have been met or can be modified as requested through the planned development process.
Development standards will be verified at the time of building permit issuance.
18.705 ACCESS, EGRESS, AND CIRCULATION
Applicability of Provisions
A.When provisions apply. The provisions of this chapter shall apply to all development including the
construction of new structures, the remodeling of existing structures (see Section 18.360.050), and
to a change of use which increases the on-site parking or loading requirements or which changes
the access requirements.
A 40-unit subdivision for single-family residential detached dwellings is proposed with this application. The attached
Preliminary Plat (Sheet P300) shows the proposed access, egress, and circulation from and within the site as well as
on-street parking. Compliance with Chapter 18.430 is addressed in preceding sections of this report. These standards
apply.
18.705.030 General Provisions
D. Public street access. All vehicular access and egress as required in 18.705.030.H and I shall connect
directly with a public or private street approved by the city for public use and shall be maintained at
the required standards on a continuous basis.
As shown on the Preliminary Plat (Sheet P300), all lots except Lots 18 and 19 have access to a public or private
street.
To meet this standard, the applicant shall submit a revise plat that shows Lots 18 and 19 are connected directly with
a public or private street. As conditioned, this provision can be met.
F.Required walkway location. On-site pedestrian walkways shall comply with the following standards:
1.Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs,
ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the
required access and egress. Walkways shall provide convenient connections between buildings in
multi- building commercial, institutional, and industrial complexes. Unless impractical, walkways
shall be constructed between new and existing developments and neighboring developments.
2.Within all attached housing (except two-family dwellings) and multifamily developments, each
residential dwelling shall be connected by walkway to the vehicular parking area, and common open
space and recreation facilities.
3.Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be
designed and located for pedestrian safety. Required walkways shall be physically separated from
motor vehicle traffic and parking by either a minimum six-inch vertical separation (curbed) or a
minimum three-foot horizontal separation, except that pedestrian crossings of traffic aisles are
permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or
contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive
of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and
shall be in compliance with ADA standards.
4.Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone,
brick, other pervious paving surfaces, etc. Any pervious paving surface must be designed and
maintained to remain well-drained. Walkways may be required to be lighted and/or signed as needed
for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are
provided in addition to required pathways.
The proposed subdivision consists of detached single-family residential lots. These standards anticipate site
development review and are not applicable to subdivisions.
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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 applicant’s traffic analysis report, prepared by Charbonneau Engineering, dated May 2016, addressed sight distance
for the access from Tract D onto SW 79th Avenue. Sight distance of 280 feet is required and field review showed that
over 350 feet of sightline is available. A final sight distance certification will be required prior to issuance of building
permits.
The sight distance at the intersection of SW 76th and 78th Avenues was not addressed. A preliminary sight distance
certification will be required prior to issuance of permits. A final sight distance certification will be required prior to
issuance of building permits.
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.
This development does not have frontage along a collector or arterial street. Therefore, this criterion 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 proposed private street, Tract D, is more than 125 feet from SW Hansen Lane. This criterion is met.
The spacing between SW Hansen Lane and SW 78th Avenue exceeds 125 feet. This criterion is met.
I.Minimum access requirements for residential use.
1.Vehicular access and egress for single-family, duplex or attached single-family dwelling units on
individual lots and multifamily residential uses shall not be less than as provided in Tables
18.705.1 and 18.705.2.
TABLE 18.705.1
VEHICULAR ACCESS/EGRESS REQUIREMENTS:
RESIDENTIAL USE (6 or fewer
units) Number Dwelling Unit/Lots
Min. Number of
Driveways Required
Min. Access Width Min. Pavement
Width
1 or 2 1 1 10
3-6 1 0 0
The applicant states a driveway will be provided for each of the proposed residential lots that has a minimum access
width of 15 feet and a minimum paved width of 10 feet. As proposed, this standard is met and will be verified at the
time of building permit review.
FINDING: Based on the analysis above, not all of the Access, Egress and Circulation standards are met, but can
be met with the following condition of approval.
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CONDITION:
The applicant shall submit a revised plat that shows Lots 18 and 19 are connected directly with a
public or private street.
18.715 DENSITY COMPUTATIONS
18.715.010 Purpose
The purpose of this chapter is to implement the comprehensive plan by establishing the criteria for
determining the number of dwelling units permitted.
18.715.20 Density Calculation
A.Definition of net development area. Net development area, in acres, shall be determined by
subtracting the following land area(s) from the total site acres:
1.All sensitive land areas:
a.Land within the 100-year floodplain,
b.Land or slopes exceeding 25%,
c.Drainage ways, and
d.Wetlands,
e.Optional: Significant tree groves or habitat areas, as designated on the City of Tigard
“Significant Tree Grove Map” or “Significant Habitat Areas Map”;
2.All land dedicated to the public for park purposes;
3.All land dedicated for public rights-of-way. When actual information is not available, the
following formulas may be used:
a.Single-family development: allocate 20% of gross acreage,
b.Multifamily development: allocate 15% of gross acreage or deduct the actual private drive
area;
4.All land proposed for private streets; and
5.A lot of at least the size required by the applicable base zoning district, if an existing dwelling
is to remain on the site.
B.Calculating maximum number of residential units. To calculate the maximum number of
residential units per net acre, divide the number of square feet in the net acres by the minimum
number of square feet required for each lot in the applicable zoning district.
The Applicant has provided detailed residential density calculations in Exhibit J of the application. There are 35.53
maximum allowable units in the net developable area of 202,242 square feet (9.8 units in the R-4.5 zone and 25.68
units in the R-7 zone). Due to site constraints the applicant will utilize the provisions of 18.715.030 regarding
residential density transfer.
18.715.030 Residential Density Transfer
A. Rules governing residential density transfer.
1. The units per acre calculated by subtracting land areas listed in 18.715.020.A.1.a—c from the gross acres
may be transferred to the remaining buildable land areas subject to the following limitations:
a. The number of units which can be transferred is limited to the number of units which would have
been allowed on 25% of the unbuildable area if not for these regulations; and
b. The total number of units per site does not exceed 125% of the maximum number of units per gross
acre permitted for the applicable comprehensive plan designation.
2. Wetlands. Units per acre calculated by subtracting land areas listed in 18.715.020.A.1.d from the gross
acres may be transferred to the remaining buildable land areas on land zoned R-12, R-25, and R-40
subject to the following limitations:
a. The number of units which can be transferred is limited to the number of units which would have
been allowed on the wetland area, if not for these regulations;
b. The total number of units per site does not exceed the maximum number of units per gross acre
permitted for the applicable comprehensive plan designation.
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B. Underlying development standards. All density transfer development proposals shall comply with the
development standards of the applicable underlying zoning district unless developed under the
provisions of Chapter 18.350, Planned Development.
Due to the sensitive lands site constraints, the applicant has applied for the residential density transfer option. The
maximum allowable number of units in the net developable area is 35.53 units. Using the residential density transfer
rule for calculating the number of units that can be transferred from sensitive areas a-c (land within the 100-year
floodplain, slopes exceeding 25%, and drainage ways), 4.47 transfer units can be allowed (5.5 units from the R-4.5
zone and 12.38 units from the R-7 zone = 17.88 x .25 = 4.47 units). Therefore, the maximum allowable density is 40
units and the minimum allowable density is 32 units. The proposed 40 lots meet these requirements.
FINDING: As shown in the analysis above, the proposed density is supported using the criteria for determining
the number of dwelling units permitted.
18.745 LANDSCAPING AND SCREENING
18.745.40 Street Trees
A.Street trees shall be required as part of the approval process for Conditional Use (Type III),
Downtown Design Review (Type II and III), Minor Land Partition (Type II), Planned
Development (Type III), Site Development Review (Type II) and Subdivision (Type II and III)
permits.
B.The minimum number of required street trees shall be determined by dividing the linear amount of
street frontage within or adjacent to the site (in feet) by 40 feet. When the result is a fraction, the
minimum number of required street trees shall be determined by rounding to the nearest whole
number.
C.Street trees required by this section shall be planted according to the Street Tree Planting
Standards in the Urban Forestry Manual.
D.Street trees required by this section shall be provided adequate soil volumes according to the Street
Tree Soil Volume Standards in the Urban Forestry Manual.
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 according to the Street Tree Planting Standards
in the Urban Forestry Manual when planting within the right of way is not practicable.
F.An existing tree may be used to meet the street tree standards provided that:
1.The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is
either within the subject site or within the right of way immediately adjacent to the subject site;
2.The tree would be permitted as a street tree according to the Street Tree Planting and Soil
Volume Standards in the Urban Forestry Manual if it were newly planted; and
3.The tree is shown as preserved in the Tree Preservation and Removal site plan (per
18.790.030.A.2), Tree Canopy Cover site plan (per 18.790.030.A.3) and Supplemental Report (per
18.790.030.A.4) of a concurrent urban forestry plan and is eligible for credit towards the effective
tree canopy cover of the site.
G.In cases where it is not practicable to provide the minimum number of required street trees, the
Director may allow the applicant to remit payment into the Urban Forestry Fund for tree planting
and early establishment in an amount equivalent to the City’s cost to plant and maintain a street
tree for three (3) years (per the Street Tree Planting Standards in the Urban Forestry Manual) for
each tree below the minimum required.
According to the Arborist’s Supplemental Report, 66 street trees are required, and 66 street trees are provided, along
the SW 79th Ave frontage and the other proposed public street extensions and new private streets; soil volumes are
met or exceeded; and no existing trees will be used as street trees. These criteria are met.
18.745.50 Buffering and Screening
A.General provisions.
1.It is the intent that these requirements shall provide for privacy and protection and reduce or
eliminate the adverse impacts of visual or noise pollution at a development site, without unduly
interfering with the view from neighboring properties or jeopardizing the safety of pedestrians
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and vehicles.
2.Buffering and screening is required to reduce the impacts on adjacent uses which are of a
different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The
owner of each proposed development is responsible for the installation and effective
maintenance of buffering and screening. When different uses would be abutting one another
except for separation by a right-of-way, buffering, but not screening, shall be required as
specified in the matrix.
3.In lieu of these standards, a detailed buffer area landscaping and screening plan may be
submitted for the director’s approval as an alternative to the buffer area landscaping and
screening standards, provided it affords the same degree of buffering and screening as required
by this code.
According to Table 18.745.1, no buffering/screening is required where both the abutting existing and proposed uses
are the same (in this instance, “Detached Single Units”). Buffer A is required when detached single-family units abut
a multi-family development consisting of buildings smaller than 5 units. The majority of the properties surrounding
the subject property are in use as detached single-family residences and will not require a buffer or screening.
However, the northern end of the subject property borders a multifamily condominium development consisting of
buildings with less than 5 units each. Lots 35 thru 40 abut the multifamily development and require a 10 foot buffer
of lawn per Table 18.745.2. The 15-foot rear yard setback for these lots will meet the requirement for the buffer.
These provisions are satisfied.
FINDING: Based on the analysis above, the Landscaping and Screening standards are met.
18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS
18.765.030 General Provisions
18.765.030 General Provisions
A.Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans
are presented and approved as provided by this chapter that show how access, egress and
circulation requirements are to be fulfilled. The applicant shall submit a site plan. The director
shall provide the applicant with detailed information about this submission requirement.
The proposed Preliminary Plat (Sheet P300) shows how access, egress and circulation requirements are to be fulfilled.
The Site and Building Setback Plan (Sheet P400) shows proposed curb cuts for each lot where the setbacks allow for
off-street parking between the house and street. On-street parking is subject to City of Tigard and Tualatin Valley
Fire and Rescue (TVF&R) standards. This provision 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 with the dwellings.
Parking for each single family dwelling is proposed on the same lot as the dwelling. This provision is met.
18.765.070 Minimum and Maximum Off-Street Parking Requirements
H. Specific requirements. See Table 18.765.2.
No bicycle parking is required for the proposed single-family detached dwellings. This requirement does not apply.
FINDING: As shown in the analysis above, the applicable off-street parking requirements are met.
18.775 SENSITIVE LANDS
F.Sensitive lands permits issued by the director.
1.The director shall have the authority to issue a sensitive lands permit in the following areas by means of
a Type II procedure, as governed in Section 18.390.040, using approval criteria contained in Section
18.775.070: a)Slopes that are 25% or greater or unstable ground;
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There are 11.02 acres of the 16.74-acre subject property that are sensitive lands as per Section 18.775, including: (i)
Tigard significant wetlands, (ii) the 100-yr floodplain, (iii) Fanno Creek, and (iv) topography with >25% slopes.
The proposed concept and detailed planned development plans provide preservation and protection within an open
space tract of 10.75 acres, or 64%, of the 16.74 acre subject property. Open space tracts, Tract A and Tract E, contain
the following designated sensitive lands: (i) the 7.32 acre contiguous delineated wetland, (ii) the additional 100-yr
floodplain outside the delineated wetland area, (iii) Fanno Creek, and (iv) areas of slopes >25% on the property. Also
included within Tract A and Tract E are the associated CWS vegetated corridors for these sensitive lands areas.
While all previously mentioned sensitive land areas will be preserved by Tract A and Tract E, this application for a
planned development is subject to requirements of sensitive land review due to the presence of slopes exceeding 25%
located outside of Tract A of Tract D. As depicted by the Geotechnical Report provided in Exhibit H, slopes
exceeding 25% are present near Lots 14-19 and Multi-Use Tract C.
2.Sensitive lands permits shall be required for the areas in paragraph 1 of this subsection F when any of
the following circumstances apply:
a.Ground disturbance(s) or land form alterations involving more than 50 cubic yards of material;
b.Repair, reconstruction, or improvement of an existing structure or utility, the cost of which equals or
exceeds 50% of the market value of the structure prior to the improvement or the damage requiring
reconstruction;
c.Residential and nonresidential structures intended for human habitation; and
d.Accessory structures which are greater than 528 square feet in size, outside floodway areas.
As per Subsection 18.775.020.F.2.c a sensitive land permit is required for development including residential structures
for human habitation. Therefore a sensitive lands permit is required subject to the Type II procedure, as governed in
Section 18.390.040, using approval criteria contained in Section 18.775.070, but is reviewed concurrently with the Type
III Planned Development.
18.775.030 Administrative Provisions
A.Interagency coordination. The appropriate approval authority shall review all sensitive lands permit
applications to determine that all necessary permits shall be obtained from those federal, state, or local
governmental agencies from which prior approval is also required.
As governed by CWS “Design and Construction Standards,” the necessary permits for all “development,”
as defined in Section 18.775.020.A, shall include a CWS service provider letter, which specifies the
conditions and requirements necessary, if any, for an applicant to comply with CWS water quality
protection standards and for the agency to issue a stormwater connection permit.
A CWS service provider letter for the proposed development is included in the application. The applicant has
applied for applicable COR/DSL permits for jurisdictional wetland impacts, which are not otherwise regulated by
the City of Tigard. This provision is met.
B.Apply standards. The appropriate approval authority shall apply the standards set forth in Sections
18.775.040 and 18.775.070 when reviewing an application for a sensitive lands permit.
18.775.070 Sensitive Land Permits
A. Permits required. An applicant, who wishes to develop within a sensitive area, as defined in Chapter
18.775, must obtain a permit in certain situations. Depending on the nature and intensity of the proposed
activity within a sensitive area, either a Type II or Type III permit is required, as delineated in 18.775.020.F
and G. The approval criteria for various kinds of sensitive areas, e.g., floodplain, are presented in
subsections B through E of this section.
C. With steep slopes. The appropriate approval authority shall approve, approve with conditions or deny
an application request for a sensitive lands permit on slopes of 25% or greater or unstable ground based
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upon findings that all of the following criteria have been satisfied:
1. Compliance with all of the applicable requirements of this title;
2. The extent and nature of the proposed land form alteration or development will not create site
disturbances to an extent greater than that required for the use;
3. The proposed land form alteration or development will not result in erosion, stream sedimentation,
ground instability, or other adverse on-site and off-site effects or hazards to life or property;
4. The structures are appropriately sited and designed to ensure structural stability and proper drainage of
foundation and crawl space areas for development with any of the following soil conditions: wet/high
water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock; and
5. Where natural vegetation has been removed due to land form alteration or development, the areas not
covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with
Chapter 18.745, Landscaping and Screening.
The applicant’s narrative states that “The proposed development will not result in erosion, stream sedimentation,
ground instability, or other on-site or off-site effects to life or the property. Public utilities are located above the flood
plain. Adequate drainage is provided as shown in the application’s Stormwater Report (Exhibit G). Stormwater runoff
from the subject property will be treated and conveyed to Fanno Creek. As depicted by the Stormwater Report found
in Exhibit G, development of the subject property will not affect the drainage patterns of Fanno Creek. As depicted by
the Geotechnical Report provided in Exhibit H, slopes exceeding 25% are present near Lots 14-19 and Multi-Use
Tract C, however ground is stable and the proposed development is geotechnically feasible. Structures are
appropriately sited, and are designed to ensure structural stability and proper drainage. Existing conditions on the
subject property are the result of a multiple generation use of the property for cattle and farm uses. As the subject
property has been historically used for grazing livestock, there are few existing trees. Thus, the removal of natural
vegetation to necessitate development will be limited. However, this application will mitigate the impact of
development on natural vegetation to the greatest extent feasible.”
Provided these statements are true and adhered to, and with engineering conditions of approval relating to ensuring
these criteria are met, these criteria are met.
FINDING: Based on the analysis above, the applicable Sensitive Lands criteria are met.
18.790 URBAN FORESTRY PLAN
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;
2.Meet the tree preservation and removal site plan standards in the Urban Forestry Manual (UFM);
3.Meet the tree canopy site plan standards in the Urban Forestry Manual; and
4.Meet the supplemental report standards in the Urban Forestry Manual.
The applicant’s preliminary Tree Removal and Canopy plans (Sheets P700 and P701) and the Urban
Forestry Plan Supplemental Report dated May 30, 2016 have been prepared by Certified Arborist, Morgan
Holen. The urban forestry plan requirements are met.
B.Tree canopy fee. If the supplemental report demonstrates that the applicable standard percent
effective tree canopy cover will not be provided through any combination of tree planting or
preservation for the overall development site (excluding streets) or that the 15% effective tree
canopy cover will not be provided through any combination of tree planting or preservation for any
individual lot or tract in the R-1, R-2, R-3.5, R-4.5 and R-7 districts (when the overall development
site meets or exceeds the standard percent effective tree canopy cover), then the applicant shall
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provide the city a tree canopy fee according to the methodology outlined in the tree canopy fee
calculation requirements in the Urban Forestry Manual.
The Supplemental Report demonstrates the applicable standard percent effective tree canopy cover is provided.
This standard does not apply.
FINDING: Based on the analysis above, the urban forestry plan requirements are met.
18.790.060 Urban Forestry Plan Implementation
C.Tree Establishment. The establishment of all trees shown to be planted in the tree canopy site plan
(per 18.790.030 A.3) and supplemental report (per 18.790.030.A.4) of the previously approved urban
forestry plan shall be guaranteed and required according to the tree establishment requirements in
Section 11, part 2 of the Urban Forestry Manual.
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. A total of 68 Open Grown trees and 50 Stand
Grown trees are proposed. Therefore, a bond in the amount of $53,830 (68 Open Grown trees x $510/tree =
$34,680 + 50 Stand Grown trees x $383/tree = $19,150) is required. As conditioned, this requirement is met.
D.Urban forest inventory. Spatial and species specific data shall be collected according to the urban
forestry inventory requirements in the Urban Forestry Manual for each open grown tree and area of
stand grown trees in the tree canopy site plan (per Section 18.790.030.A.3) and supplemental report
(per Section 18.790.030.A.4) of a previously approved urban forestry plan.
Section 11, Part 3 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 of 68 trees and two tree stands: $151 first tree + $1,876 ($28 x 67) + $204 first stand + $44) = $2,175.
As conditioned, this requirement is met.
FINDING: Based on the analysis above, and as conditioned, the applicable urban forestry plan implementation
standards are met.
18.795 VISUAL CLEARANCE
Visual Clearance Requirements
A.At corners. Except within the CBD zoning district a visual clearance area shall be maintained on
the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a
driveway providing access to a public or private street.
B.Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall
structure or temporary or permanent obstruction (except for an occasional utility pole or tree),
exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the
street center line grade, except that trees exceeding this height may be located in this area,
provided all branches below eight feet are removed.
FINDING: The intersection of the new private street and SW 79th Ave, as well as the intersection of SW 78th
Ave. and SW 76th Ave. will require 30 foot vision clearance areas. New home construction and
driveways on each of the proposed lots will be required to meet the applicable visual clearance
triangle requirement. However, clear vision areas are not shown on the applicant’s Plan Set. As
conditioned, this standard is met.
CONDITION: To ensure visual clearance requirements are met, the applicant shall submit a revised plan showing
vision clearance triangles at each intersection.
18.810 STREET AND UTILITY IMPROVEMENTS STANDARDS:
Chapter 18.810 provides construction standards for the implementation of public and private facilities and
utilities such as streets, sewers, and drainage. The applicable standards are addressed below:
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Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in
accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing
street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Local streets to have a 54-foot
right-of-way width and 32-foot paved section. Other improvements required may include on-street parking,
sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees.
This site lies adjacent to SW 76th and 78th Avenues, and SW Hansen Lane, which are classified as local streets on the
City of Tigard Transportation Plan Map. The site is also adjacent to SW 79th Avenue, which is classified as a
Neighborhood Route with bike lanes. The applicant has proposed that SW 78th Avenue and SW Hansen Lane be local
streets with a 50-foot right-of-way and 28 feet of paved width. This will allow parking on one side only.
SW Hansen Lane and 78th Avenue are currently unimproved. In order to mitigate the impact from this development,
the applicant should dedicate right-of-way to provide 50 feet and construct full street improvements, providing 28 feet
of pavement between curbs.
SW 79th Avenue is currently unimproved. In order to mitigate the impact from this development, the applicant should
dedicate right-of-way to provide 29 feet from centerline and construct half-street improvements to provide 18 feet of
pavement from centerline to allow for bike lanes. A minimum of 24 feet of pavement is required along the SW 79th
Avenue frontage (18 feet east of centerline and a minimum of 6 feet west of centerline). A planter strip is required
between curb and sidewalk and the applicant shall connect the proposed sidewalk to the sidewalk along Tax lot 7500
and to the south to the existing sidewalk constructed with the Gentle Woods subdivision.
SW 76th Avenue is currently unimproved. In order to mitigate the impact from this development, the applicant should
dedicate right-of-way to provide 27 feet from centerline and construct half-street improvements to provide 16 feet of
pavement from centerline. A minimum of 24 feet of pavement is required along the SW 76th Avenue frontage.
All street and frontage improvements must provide curb, planter strip, sidewalk, street trees, street lights and storm
drainage.
Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed
which shows the pattern of existing and proposed future streets from the boundaries of the proposed land
division. This section also states that where it is necessary to give access or permit a satisfactory future
division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a
barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not
considered to be cul-de-sacs since they are intended to continue as through streets at such time as the
adjoining property is developed. A barricade shall be constructed at the end of the street by the property
owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included
in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess of 150 feet in length.
The proposed development will complete the existing street network between SW 76th and 79th Avenues in this area.
The applicant has applied for a street vacation for a 3,485 S.F. portion of SW 76th Avenue right-of-way south the
intersection of SW 76th Avenue and SW Hansen Lane in the area proposed for Lot 16 and Lot 17 of the purposed
development. Provided the City Council grants the proposed vacation, the proposed lots could be approved, as
proposed. However, if the street vacation is not granted, the applicant will be required to revise the preliminary plat.
Street Alignment and Connections:
Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between
connections is required except where prevented by barriers such as topography, railroads, freeways, pre-
existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1,
1995 which preclude street connections. A full street connection may also be exempted due to a regulated
water feature if regulations would not permit construction.
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Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a
development site shall be extended within the site to provide through circulation when not precluded by
environmental or topographical constraints, existing development patterns or strict adherence to other
standards in this code. A street connection or extension is precluded when it is not possible to redesign, or
reconfigure the street pattern to provide required extensions. Land is considered topographically constrained
if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or
topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection
is not possible. The applicant must show why the constraint precludes some reasonable street connection.
The applicant has applied for a vacation of SW 76th Avenue right-of-way, south of SW Hansen Lane. There are
existing wetlands and the flood plain of Fanno Creek which preclude the extension of SW 76th Avenue. However, the
city of Tigard is developing the remaining portions of the Fanno Creek Trail. The trail will go through this area and
the SW 76th Avenue has been identified as a route for the trail and for construction equipment access. The applicant
may provide an approvable solution for a trail route and construction equipment access around Tract C. If such a
solution is not viable the city will not support the vacation request.
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on
collector streets, or 12% on any other street (except that local or residential access streets may have segments
with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as
determined by the City Engineer.
The proposed grades do not exceed 12%. This criterion is met.
Private Streets: Section 18.810.030.T states that design standards for private streets shall be established by the
City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such
as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted
only within planned developments, mobile home parks, and multi-family residential developments.
The applicant has proposed to construct a private street, Tract D, to serve 10 lots. The proposed section for the
private street meets the standard width requirements. Street lights are required on the private street and shall be
metered separately from the public system.
The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and
maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions,
Covenants and Restrictions (CC&R’s) along with the final plat that will clarify how the private property owners are to
maintain the private street(s). These CC&R’s shall be reviewed and approved by the City prior to approval of the final
plat. The City’s public improvement design standards require private streets to have a pavement section equal to a
public local street. The applicant will need to provide this type of pavement section.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with
due regard to providing adequate building sites for the use contemplated, consideration of needs for
convenient access, circulation, control and safety of street traffic and recognition of limitations and
opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800
feet measured along the right-of-way line except:
Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-
existing development or;
For blocks adjacent to arterial streets, limited access highways, major collectors or railroads.
For non-residential blocks in which internal public circulation provides equivalent access.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-
ways shall be provided when full street connection is not possible. Spacing between connections shall be no
more than 330 feet, except where precluded by environmental or topographical constraints, existing
development patterns, or strict adherence to other standards in the code.
The extension of SW 78th Ave. St and SW Hansen Ln. will form a block with the connection of SW 76th Ave. The
total block perimeter will be less than 2,000 feet. A pedestrian connection will be provided between the western section
of development and the northern section via multi-use Tract B and Tract C. This connection will also provide access to
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the possible future multi-use path in the open space areas, Tract A and Tract E, along Fanno Creek. These provisions
are satisfied.
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average
lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district.
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private
streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to
either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases
where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet.
Each of the proposed lots will take access onto a public or private street, meeting the criteria of the code. The lots are
laid out in rectangular shape with sufficient space to build the proposed single family detached houses. There are no
through lots in the development. All side lot lines are at a right angle to the street. The proposed lots for houses will
not be large enough for future subdivision. These provisions are satisfied.
Lots 18 and 19 do not have adequate frontage meeting the 25 feet requirement. To meet this standard, a condition has
been imposed requiring acceptable street frontage.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be
located on both sides of arterial, collector and local residential streets. Private streets and industrial streets
shall have sidewalks on at least one side.
The applicant’s plans indicate the construction of sidewalks along all frontages, including the private street. Lots 18
and 19 are not served by a private street and do not have a sidewalk. A condition has been imposed requiring street
frontage and to meet applicable sidewalks standards for the street type chosen.
The sidewalk along the SW 79th Avenue frontage must be extended both north and south to connect to existing
sidewalk.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new
development and to connect developments to existing mains in accordance with the provisions set forth in
Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water
Services in 1996 and including any future revisions or amendments) and the adopted policies of the
comprehensive plan.
Over-sizing: Section 18.810.090.C states that proposed sewer systems shall include consideration of
additional development within the area as projected by the Comprehensive Plan.
The development will connect to the existing sewer line in SW 76th Avenue, with new sewer in the proposed street
frontages and along the back of lots 11-17 to avoid sensitive areas in Tracts A and D.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water
and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.C states that a culvert or other drainage facility
shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether
inside or outside the development. The City Engineer shall approve the necessary size of the facility, based
on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as
adopted by Clean Water Services in 2000 and including any future revisions or amendments).
The existing storm system directs stormwater from the Brittany Meadows Subdivision thru the proposed site, then
north along SW 76th Avenue, where it then discharges to Fanno Creek.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer
that the additional runoff resulting from the development will overload an existing drainage facility, the
Director and Engineer shall withhold approval of the development until provisions have been made for
improvement of the potential condition or until provisions have been made for storage of additional runoff
caused by the development in accordance with the Design and Construction Standards for Sanitary and
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Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions
or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek
Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a
stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up
to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces
provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments
adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention.
This development is located adjacent to Fanno Creek, therefore detention is not required by the city. However, if
there are any other agency permits needed then detention may be required by that agency.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on
the City’s adopted pedestrian/bikeway plan shall include provisions for the future extension of such
bikeways through the dedication of easements or right-of-way.
SW 79th Avenue designated a Neighborhood Route with bike lanes. The applicant shall dedicate ROW to provide 29
feet from centerline.
Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit
developments, conditional use permits, subdivisions, and other developments which will principally benefit
from such bikeways shall be conditioned to include the cost or construction of bikeway improvements.
The project frontage along SW 79th Avenue is 289 feet.
The amount of the striping would be as follows:
289 feet of 8-inch white stripe, at $2.50/lf $722.50
1 Mono-directional reflective markers @ $4.00/ea $4.00
1 Bike lane legends @ $175/ea $175.00
1 Directional mini-arrows @ $100/ea $100.00
$1001.50
Minimum Width: Section 18.810.110.C states that the minimum width for bikeways within the roadway is five
feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet.
The bike lane shall be 6 feet wide.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication,
lighting and cable television services and related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above
ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000
volts or above, and:
The developer shall make all necessary arrangements with the serving utility to provide the underground
services;
The City reserves the right to approve location of all surface mounted facilities;
All underground utilities, including sanitary sewers and storm drains installed in streets by the developer,
shall be constructed prior to the surfacing of the streets; and
Stubs for service connections shall be long enough to avoid disturbing the street improvements when
service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.C states that a developer shall pay a fee in-
lieu of under-grounding costs when the development is proposed to take place on a street where existing
utilities which are not underground will serve the development and the approval authority determines that
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the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under-grounding in
conjunction with the development. The determination shall be on a case-by-case basis. The most common,
but not the only, such situation is a short frontage development for which under-grounding would result in
the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant
for a development which is served by utilities which are not underground and which are located across a
public right-of-way from the applicant’s property shall pay a fee in-lieu of under-grounding.
There are existing overhead utility lines along the frontage of SW 79th Avenue. The lines shall be placed underground.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Traffic Study Findings:
A Traffic Analysis Report was prepared by Charbonneau Engineering, dated May 2016. According to the ITE Trip
Generation manual the site will generate 409 trips per weekday. A total of 32 AM peak hour and 43 peak hour trips
will be generated.
The report recommends stop sign control be established on the newly constructed site access approach to SW
79thAvenue.
Fire and Life Safety:
The applicant’s permit plan set will require approval from TVFR with regards to access and hydrant spacing.
Public Water System:
The City of Tigard provides service in this area. There are existing 8-inch lines that will serve this development.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water
Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which
require the construction of on-site water quality facilities. The facilities shall be designed to remove 65
percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created
impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and
method to be used in keeping the facility maintained through the year.
Prior to issuance of permits, the applicant shall submit plans and calculations for a water quality facility that will meet
the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that
must be reviewed and approved by the City prior to construction.
Prior to the City accepting this facility as a public facility, the developer shall maintain it for a minimum of three years
after construction is completed. The pond shall be placed in a tract and conveyed to the City on the final plat. The
developer will be required to submit annual reports to the City which show what maintenance operations were
conducted on the facility for that year. Once the three-year maintenance period is completed, the City will inspect the
facility and make note of any problems that have arisen and require them to be resolved before the City will take over
maintenance of the facility. In addition, the City will not take over maintenance of the facility unless 80 percent of the
landscaping is established and healthy. If at any time during the maintenance period, the landscaping falls below the 80
percent level, the developer shall immediately reinstall all deficient planting at the next appropriate planting
opportunity.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and
other pollutants reaching the public storm and surface water system resulting from development,
construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS
regulations, the applicant is required to submit an erosion control plan for City review and approval prior to
issuance of City permits.
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The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES)
erosion control permit be issued for any development that will disturb one or more acre of land. Since this
site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to
construction. This permit will be issued along with the site and/or building permit.
A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions
for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a
public storm drainage system approved by the Engineering Department. For situations where the back portions of lots
drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently
contain and convey runoff from each lot.
The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the
proposed grading slope construction. The recommendations of the report will need to be incorporated into the final
grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance
of building permits.
The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as
well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special
grading inspections and/or permits will be necessary when the lots develop.
A 1200C Permit will be required.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the
amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to plat approval.
For multi-tenant buildings, one address number is assigned to the building and then all tenant spaces are given suite
numbers. The City is responsible for assigning the main address and suite numbers. This information is needed so
that building permits for tenant improvements can be adequately tracked in the City’s permit tracking system. Based
upon the information provided by the applicant, this building will be a multi-tenant building. Prior to issuance of the
site permit, the applicant shall provide a suite layout map so suite numbers can be assigned. The addressing fee will
then be calculated based upon the number of suites that must be addressed. In multi-level structures, ground level
suites shall have numbers preceded by a “1”, second level suites shall have numbers preceded by a “2”, etc.
For this project, the addressing fee will be $2250.00 (42 lots and/or tracts X $50/address = $2100.00).
The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street
that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to
more easily find a particular home.
Survey Requirements
The applicant’s final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City’s
global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall
be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain
the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These
coordinates can be established by:
GPS tie networked to the City’s GPS survey.
By random traverse using conventional surveying methods.
PDR2016-00009/SUB2016-00007/SLR2016-00009- ELDERBERRY RIDGE PD PAGE 33 OF 34
In addition, the applicant’s as-built drawings shall be tied to the GPS network. The applicant’s engineer shall provide
the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other
water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD
83 (91).
STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS:
Centerline Monumentation
In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-
way shall be monumented before the City accepts a street improvement.
The following centerline monuments shall be set:
1. All centerline-centerline intersection points;
2. All cul-de-sac center points; and
3. Curve points, beginning and ending points (PC's and PT's).
All centerline monuments shall be set during the first lift of pavement.
Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac
center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade.
18.810 Street & Utility Improvement Standards:
18.810.120 Utilities
All utility lines including, but not limited to those required for electric, communication, lighting and cable television
services and related facilities shall be placed underground, except for surface-mounted transformers, surface-mounted
connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or above.
18.810.130 Cash or Bond Required
All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one
year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the
value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions
of Section 18.810.180.
18.810.150 Installation Prerequisite
No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other
requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and
permit issued.
18.810.180 Notice to City Required
Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be
resumed until the City is notified.
18.810.200 Engineer's Certification
The land divider's engineer shall provide written certification of a form provided by the City that all improvements,
workmanship and materials are in accord with current and standard engineering and construction practices, and are of
high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and
maintenance.
SECTION VII. OTHER STAFF COMMENTS
The City Police Department (Jim Wolf, 503-718-2561) reviewed the proposal and stated they have no objections
to it.
PDR2016-00009/SUB2016-00007/SLR2016-00009- ELDERBERRY RIDGE PD PAGE 34 OF 34
The City Public Works Department (Steve Martin, Parks and facilities manager, 503-718-2583) reviewed the
proposal and recommended that City Parks would accept the proposed access and support the vacation of 76th
right-of-way provided the access to the natural area can be achieved without stairs. A condition of approval will
ensure that Parks has an opportunity to determine any stipulations prior to recording of the public access easement.
The City Development Review Engineer (Contact Kim McMillan, 503-718-2642) has reviewed the proposal and
provided comment in a Memorandum dated December 20, 2016, included as attachments to this staff report. The
findings and conclusions in the Memoranda have been incorporated into this land use decision.
SECTION VIII. AGENCY COMMENTS
TriMet, ODOT, and Washington County were notified and did not provide any comments.
Oregon Department of State Lands submitted a wetland delineation concurrence letter dated October 19, 2016
and a Wetland Land Use Notification Response letter dated January 12, 2017 in which DSL determined that a state
permit will be required for the proposed project because the project will likely exceed 50 cubic yards of removal/fill
impacts to jurisdictional wetlands. The wetland impacts and mitigation are addressed in the CWS SPL (CWS File
No. 15-003301).
Clean Water Services has reviewed the proposal and issued a Service Provider Letter (CWS File No. 15-003301)
dated May 25, 2016 which includes wetland and vegetated corridor encroachments and related mitigation. CWS also
submitted a stormwater connection permit review letter dated January 10, 2017 with conditions of approval. A
condition approval of this staff report will ensure CWS conditions are met.
Tualatin Valley Fire and Rescue (John Wolfe, 503-259-1504) has reviewed the proposal and submitted a
comment letter dated January 11, 2017 endorsing the project with conditions of approval with respect to access,
street width, water supply, hydrant placement, building height limitation, and on-street parking. A condition of
approval of this staff report will implement the conditions of TV&Rs letter.
Attachments:
Preliminary Plat
Development Engineering Memorandum dated December 20, 2016
TVF&R Letter dated January 11, 2017
January 17, 2017
PREPARED BY: Gary Pagenstecher DATE
Associate Planner
January 17, 2017
APPROVED BY: Tom McGuire DATE
Assistant Community Development Director
ENGINEERING COMMENTS PAGE 1
MEMORANDUM
CITY OF TIGARD, OREGON
DATE:12/20/16
TO:Gary Pagenstecher, Associate Planner
FROM:Kim McMillan, Development Review Engineer
RE:PDR2016-00009 Elderberry Ridge
Access Management (Section 18.705.030.H)
Section 18.705.030.H.1 states that an access report shall be submitted with
all new development proposals which verifies design of driveways and
streets are safe by meeting adequate stacking needs, sight distance and
deceleration standards as set by ODOT, Washington County, the City and
AASHTO.
The applicant’s traffic analysis report, prepared by Charbonneau Engineering,
dated May 2016, addressed sight distance for the access from Tract D onto SW
79th Avenue. Sight distance of 280 feet is required and field review showed that
over 350 feet of sightline is available. A final sight distance certification will be
required prior to issuance of building permits.
The sight distance at the intersection of SW 76th and 78th Avenues was not
addressed. A preliminary sight distance certification will be required prior to
issuance of permits. A final sight distance certification will be required prior to
issuance of building permits.
Section 18.705.030.H.2 states that driveways shall not be permitted to be
placed in the influence area of collector or arterial street intersections.
Influence area of intersections is that area where queues of traffic
commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet,
measured from the right-of-way line of the intersecting street to the throat
of the proposed driveway. The setback may be greater depending upon the
influence area, as determined from City Engineer review of a traffic impact
report submitted by the applicant’s traffic engineer. In a case where a
project has less than 150 feet of street frontage, the applicant must explore
any option for shared access with the adjacent parcel. If shared access is
not possible or practical, the driveway shall be placed as far from the
intersection as possible.
This development does not have frontage along a collector or arterial street.
Therefore, this criterion does not apply.
ENGINEERING COMMENTS PAGE 2
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways
and streets along a collector shall be 200 feet. The minimum spacing of
driveways and streets along an arterial shall be 600 feet. The minimum
spacing of local streets along a local street shall be 125 feet.
The proposed private street, Tract D, is more than 125 feet from SW Hansen
Lane. This criterion is met.
The spacing between SW Hansen Lane and SW 78th Avenue exceeds 125 feet.
This criterion is met.
Street And Utility Improvements Standards (Section 18.810):
Chapter 18.810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets
adjacent shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width
planned as a portion of an existing street shall be dedicated and improved
in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a
Local streets to have a 54-foot right-of-way width and 32-foot paved section.
Other improvements required may include on-street parking, sidewalks and
bikeways, underground utilities, street lighting, storm drainage, and street
trees.
This site lies adjacent to SW 76th and 78th Avenues, and SW Hansen Lane,
which are classified as local streets on the City of Tigard Transportation Plan
Map. The site is also adjacent to SW 79th Avenue, which is classified as a
Neighborhood Route with bike lanes.The applicant has proposed that SW 78th
Avenue and SW Hansen Lane be local streets with a 50-foot right-of-way and 28
feet of paved width. This will allow parking on one side only.
SW Hansen Lane and 78th Avenue are currently unimproved. In order to mitigate
the impact from this development, the applicant should dedicate right-of-way to
provide 50 feet and construct full street improvements, providing 28 feet of
pavement between curbs.
ENGINEERING COMMENTS PAGE 3
SW 79th Avenue is currently unimproved. In order to mitigate the impact from
this development, the applicant should dedicate right-of-way to provide 29 feet
from centerline and construct half-street improvements to provide 18 feet of
pavement from centerline to allow for bike lanes. A minimum of 24 feet of
pavement is required along the SW 79th Avenue frontage (18 feet east of
centerline and a minimum of 6 feet west of centerline).A planter strip is required
between curb and sidewalk and the applicant shall connect the proposed
sidewalk to the sidewalk along Tax lot 7500 and to the south to the existing
sidewalk constructed with the Gentle Woods subdivision.
SW 76th Avenue is currently unimproved. In order to mitigate the impact from
this development, the applicant should dedicate right-of-way to provide 27 feet
from centerline and construct half-street improvements to provide 16 feet of
pavement from centerline. A minimum of 24 feet of pavement is required along
the SW 76th Avenue frontage.
All street and frontage improvements must provide curb, planter strip, sidewalk,
street trees, street lights and storm drainage.
Future Street Plan and Extension of Streets: Section 18.810.030.F states
that a future street plan shall be filed which shows the pattern of existing and
proposed future streets from the boundaries of the proposed land division.
This section also states that where it is necessary to give access or permit a
satisfactory future division of adjoining land, streets shall be extended to the
boundary lines of the tract to be developed and a barricade shall be
constructed at the end of the street. These street stubs to adjoining
properties are not considered to be cul-de-sacs since they are intended to
continue as through streets at such time as the adjoining property is
developed. A barricade shall be constructed at the end of the street by the
property owners which shall not be removed until authorized by the City
Engineer, the cost of which shall be included in the street construction cost.
Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess of 150 feet in length.
The proposed development will complete the existing street network between SW
76th and 79th Avenues in this area. The applicant has applied for a street vacation
for a portion of SW 76th Avenue right-of-way south the intersection of SW 76th
Avenue and SW Hansen Lane.
Street Alignment and Connections:
Section 18.810.030.H.1 states that full street connections with spacing of
no more than 530 feet between connections is required except where
prevented by barriers such as topography, railroads, freeways, pre-existing
developments, lease provisions, easements, covenants or other
restrictions existing prior to May 1, 1995 which preclude street
ENGINEERING COMMENTS PAGE 4
connections. A full street connection may also be exempted due to a
regulated water feature if regulations would not permit construction.
Section 18.810.030.H.2 states that all local, neighborhood routes and
collector streets which abut a development site shall be extended within
the site to provide through circulation when not precluded by
environmental or topographical constraints, existing development patterns
or strict adherence to other standards in this code. A street connection or
extension is precluded when it is not possible to redesign, or reconfigure
the street pattern to provide required extensions. Land is considered
topographically constrained if the slope is greater than 15% for a distance
of 250 feet or more. In the case of environmental or topographical
constraints, the mere presence of a constraint is not sufficient to show that
a street connection is not possible. The applicant must show why the
constraint precludes some reasonable street connection.
The applicant has applied for a vacation of SW 76th Avenue right-of-way, south of
SW Hansen Lane. There are existing wetlands and the flood plain of Fanno
Creek which preclude the extension of SW 76th Avenue. However, the city of
Tigard is developing the remaining portions of the Fanno Creek Trail. The trail
will go through this area and the SW 76th Avenue has been identified as a route
for the trail and for construction equipment access. The applicant may provide
an approvable solution for a trail route and construction equipment access
around Tract C. If such a solution is not viable the city will not support the
vacation request.
Cul-de-sacs: 18.810.030.L states that a cul-de-sac shall be no more than 200
feet long, shall not provide access to greater than 20 dwelling units, and shall
only be used when environmental or topographical constraints, existing
development pattern, or strict adherence to other standards in this code
preclude street extension and through circulation:
All cul-de-sacs shall terminate with a turnaround. Use of turnaround
configurations other than circular, shall be approved by the City Engineer;
and
The length of the cul-de-sac shall be measured from the centerline
intersection point of the two streets to the radius point of the bulb, and
If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an
adjacent street may be required to be provided and dedicated to the
City.
NA
Grades and Curves: Section 18.810.030.N states that grades shall not exceed
ten percent on arterials, 12% on collector streets, or 12% on any other street
(except that local or residential access streets may have segments with
ENGINEERING COMMENTS PAGE 5
grades up to 15% for distances of no greater than 250 feet). Centerline radii
of curves shall be as determined by the City Engineer.
The proposed grades do not exceed 12%. This criterion is met.
Access to Arterials and Major Collectors: Section 18.810.030.Q states that
where a development abuts or is traversed by an existing or proposed
arterial or major collector street, the development design shall provide
adequate protection for residential properties and shall separate residential
access and through traffic, or if separation is not feasible, the design shall
minimize the traffic conflicts. The design shall include any of the following:
A parallel access street along the arterial or major collector;
Lots of suitable depth abutting the arterial or major collector to provide
adequate buffering with frontage along another street;
Screen planting at the rear or side property line to be contained in a
non-access reservation along the arterial or major collector; or
Other treatment suitable to meet the objectives of this subsection;
If a lot has access to two streets with different classifications, primary
access should be from the lower classification street.
NA
Private Streets: Section 18.810.030.T states that design standards for
private streets shall be established by the City Engineer. The City shall
require legal assurances for the continued maintenance of private streets,
such as a recorded maintenance agreement. Private streets serving more
than six dwelling units are permitted only within planned developments,
mobile home parks, and multi-family residential developments.
The applicant has proposed to construct a private street, Tract D, to serve 10
lots. The proposed section for the private street meets the standard width
requirements. Street lights are required on the private street and shall be
metered separately from the public system.
The applicant shall place a statement on the face of the final plat indicating the
private street(s) will be owned and maintained by the properties that will be
served by it/them. In addition, the applicant shall record Conditions, Covenants
and Restrictions (CC&R’s) along with the final plat that will clarify how the private
property owners are to maintain the private street(s). These CC&R’s shall be
reviewed and approved by the City prior to approval of the final plat. The City’s
public improvement design standards require private streets to have a pavement
section equal to a public local street. The applicant will need to provide this type
of pavement section.
ENGINEERING COMMENTS PAGE 6
Block Designs -Section 18.810.040.A states that the length, width and shape
of blocks shall be designed with due regard to providing adequate building
sites for the use contemplated, consideration of needs for convenient
access, circulation, control and safety of street traffic and recognition of
limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks
formed by streets shall not exceed 1,800 feet measured along the right-of-
way line except:
Where street location is precluded by natural topography, wetlands or
other bodies of water or, pre-existing development or;
For blocks adjacent to arterial streets, limited access highways, major
collectors or railroads.
For non-residential blocks in which internal public circulation provides
equivalent access.
PLANNING
Section 18.810.040.B.2 also states that bicycle and pedestrian connections
on public easements or right-of-ways shall be provided when full street
connection is not possible. Spacing between connections shall be no
more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict
adherence to other standards in the code.
PLANNING
Lots -Size and Shape: Section 18.810.060(A) prohibits lot depth from being
more than 2.5 times the average lot width, unless the parcel is less than 1.5
times the minimum lot size of the applicable zoning district.
PLANNING
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of
frontage on public or private streets, other than an alley. In the case of a land
partition, 18.420.050.A.4.c applies, which requires a parcel to either have a
minimum 15-foot frontage or a minimum 15-foot wide recorded access
easement. In cases where the lot is for an attached single-family dwelling
unit, the frontage shall be at least 15 feet.
Lots 18 and 19 do not have adequate frontage meeting the 25 feet requirement.
This criterion is NOT met.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to
meet City design standards and be located on both sides of arterial,
collector and local residential streets.Private streets and industrial streets
shall have sidewalks on at least one side.
ENGINEERING COMMENTS PAGE 7
The applicant’s plans indicate the construction of sidewalks along all frontages,
including the private street. Lots 18 and 19 are not served by a private street and
do not have a sidewalk.
The sidewalk along the SW 79th Avenue frontage must be extended both north
and south to connect to existing sidewalk.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be
installed to serve each new development and to connect developments to
existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as
adopted by Clean Water Services in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive
plan.
Over-sizing: Section 18.810.090.C states that proposed sewer systems
shall include consideration of additional development within the area as
projected by the Comprehensive Plan.
The development will connect to the existing sewer line in SW 76th Avenue, with
new sewer in the proposed street frontages and along the back of lots 11-17 to
avoid sensitive areas in Tracts A and D.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make
adequate provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.C states that a
culvert or other drainage facility shall be large enough to accommodate
potential runoff from its entire upstream drainage area, whether inside or
outside the development. The City Engineer shall approve the necessary
size of the facility, based on the provisions of Design and Construction
Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or
amendments).
The existing storm system directs stormwater from the Brittany Meadows
Subdivision thru the proposed site, then north along SW 76th Avenue, where it
then discharges to Fanno Creek.
ENGINEERING COMMENTS PAGE 8
Effect on Downstream Drainage: Section 18.810.100.D states that where it
is anticipated by the City Engineer that the additional runoff resulting from
the development will overload an existing drainage facility, the Director and
Engineer shall withhold approval of the development until provisions have
been made for improvement of the potential condition or until provisions
have been made for storage of additional runoff caused by the
development in accordance with the Design and Construction Standards
for Sanitary and Surface Water Management (as adopted by Clean Water
Services in 2000 and including any future revisions or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek
and adopted the Fanno Creek Watershed Management Plan. Section V of that
plan includes a recommendation that local governments institute a stormwater
detention/effective impervious area reduction program resulting in no net
increase in storm peak flows up to the 25-year event. The City will require that
all new developments resulting in an increase of impervious surfaces provide
onsite detention facilities, unless the development is located adjacent to Fanno
Creek. For those developments adjacent to Fanno Creek, the storm water runoff
will be permitted to discharge without detention.
This development is located adjacent to Fanno Creek, therefore detention is not
required by the city. However, if there are any other agency permits needed then
detention may be required by that agency.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments
adjoining proposed bikeways identified on the City’s adopted
pedestrian/bikeway plan shall include provisions for the future extension of
such bikeways through the dedication of easements or right-of-way.
SW 79th Avenue designated a Neighborhood Route with bike lanes. The
applicant shall dedicate ROW to provide 29 feet from centerline.
Cost of Construction: Section 18.810.110.B states that development
permits issued for planned unit developments, conditional use permits,
subdivisions, and other developments which will principally benefit from
such bikeways shall be conditioned to include the cost or construction of
bikeway improvements.
The project frontage along SW 79th Avenue is 289 feet.
The amount of the striping would be as follows:
289 feet of 8-inch white stripe, at $2.50/lf $722.50
1 Mono-directional reflective markers @ $4.00/ea $4.00
1 Bike lane legends @ $175/ea $175.00
ENGINEERING COMMENTS PAGE 9
1 Directional mini-arrows @ $100/ea $100.00
$1001.50
Minimum Width: Section 18.810.110.C states that the minimum width for
bikeways within the roadway is five feet per bicycle travel lane. Minimum
width for two-way bikeways separated from the road is eight feet.
The bike lane shall be 6 feet wide.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those
required for electric, communication, lighting and cable television services
and related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric lines operating at
50,000 volts or above, and:
The developer shall make all necessary arrangements with the serving
utility to provide the underground services;
The City reserves the right to approve location of all surface mounted
facilities;
All underground utilities, including sanitary sewers and storm drains
installed in streets by the developer, shall be constructed prior to the
surfacing of the streets; and
Stubs for service connections shall be long enough to avoid disturbing
the street improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.C states
that a developer shall pay a fee in-lieu of under-grounding costs when the
development is proposed to take place on a street where existing utilities
which are not underground will serve the development and the approval
authority determines that the cost and technical difficulty of under-
grounding the utilities outweighs the benefit of under-grounding in
conjunction with the development. The determination shall be on a case-
by-case basis. The most common, but not the only, such situation is a
short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground
utilities facilities. An applicant for a development which is served by
utilities which are not underground and which are located across a public
right-of-way from the applicant’s property shall pay a fee in-lieu of under-
grounding.
ENGINEERING COMMENTS PAGE 10
There are existing overhead utility lines along the frontage of SW 79th Avenue.
The lines shall be placed underground.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND
UTILITY IMPROVEMENT STANDARDS:
Traffic Study Findings:
A Traffic Analysis Report was prepared by Charbonneau Engineering, dated May
2016. According to the ITE Trip Generation manual the site will generate 409
trips per weekday. A total of 32 AM peak hour and 43 peak hour trips will be
generated.
The report recommends stop sign control be established on the newly
constructed site access approach to SW 79thAvenue.
Fire and Life Safety:
The applicant’s permit plan set will require approval from TVFR with regards to
access and hydrant spacing.
Public Water System:
The city of Tigard provides service in this area.There are existing 8-inch lines
that will serve this development.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM)
regulations established by Clean Water Services (CWS) Design and
Construction Standards (adopted by Resolution and Order No. 00-7) which
require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100
percent of the storm water runoff generated from newly created impervious
surfaces. In addition, a maintenance plan shall be submitted indicating the
frequency and method to be used in keeping the facility maintained
through the year.
Prior to issuance of permits, the applicant shall submit plans and calculations for
a water quality facility that will meet the intent of the CWS Design Standards. In
addition, the applicant shall submit a maintenance plan for the facility that must
be reviewed and approved by the City prior to construction.
ENGINEERING COMMENTS PAGE 11
Prior to the City accepting this facility as a public facility, the developer shall
maintain it for a minimum of three years after construction is completed. The
pond shall be placed in a tract and conveyed to the City on the final plat. The
developer will be required to submit annual reports to the City which show what
maintenance operations were conducted on the facility for that year. Once the
three-year maintenance period is completed, the City will inspect the facility and
make note of any problems that have arisen and require them to be resolved
before the City will take over maintenance of the facility. In addition, the City will
not take over maintenance of the facility unless 80 percent of the landscaping is
established and healthy. If at any time during the maintenance period, the
landscaping falls below the 80 percent level, the developer shall immediately
reinstall all deficient planting at the next appropriate planting opportunity.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to
reduce the amount of sediment and other pollutants reaching the public
storm and surface water system resulting from development, construction,
grading, excavating, clearing, and any other activity which accelerates
erosion. Per CWS regulations, the applicant is required to submit an
erosion control plan for City review and approval prior to issuance of City
permits.
The Federal Clean Water Act requires that a National Pollutant Discharge
Elimination System (NPDES) erosion control permit be issued for any
development that will disturb one or more acre of land. Since this site is
over five acres, the developer will be required to obtain an NPDES permit
from the City prior to construction. This permit will be issued along with
the site and/or building permit.
A final grading plan shall be submitted showing the existing and proposed contours.
The plan shall detail the provisions for surface drainage of all lots, and show that
they will be graded to insure that surface drainage is directed to the street or a
public storm drainage system approved by the Engineering Department. For
situations where the back portions of lots drain away from a street and toward
adjacent lots, appropriate private storm drainage lines shall be provided to
sufficiently contain and convey runoff from each lot.
The applicant will also be required to provide a geotechnical report, per Appendix
Chapter 33 of the UBC, for the proposed grading slope construction. The
recommendations of the report will need to be incorporated into the final grading
plan and a final construction supervision report must be filed with the Engineering
Department prior to issuance of building permits.
The design engineer shall also indicate, on the grading plan, which lots will have
natural slopes between 10% and 20%, as well as lots that will have natural slopes
ENGINEERING COMMENTS PAGE 12
in excess of 20%. This information will be necessary in determining if special
grading inspections and/or permits will be necessary when the lots develop.
A 1200C Permit will be required.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within the
City of Tigard.An addressing fee in the amount of $50.00 per address shall be
assessed. This fee shall be paid to the City prior to plat approval.
For multi-tenant buildings, one address number is assigned to the building and
then all tenant spaces are given suite numbers. The City is responsible for
assigning the main address and suite numbers. This information is needed so
that building permits for tenant improvements can be adequately tracked in the
City’s permit tracking system. Based upon the information provided by the
applicant, this building will be a multi-tenant building. Prior to issuance of the site
permit, the applicant shall provide a suite layout map so suite numbers can be
assigned. The addressing fee will then be calculated based upon the number of
suites that must be addressed. In multi-level structures, ground level suites shall
have numbers preceded by a “1”, second level suites shall have numbers
preceded by a “2”, etc.
For this project, the addressing fee will be $2250.00 (42 lots and/or tracts X
$50/address = $2100.00).
The developer will also be required to provide signage at the entrance of each
shared flag lot driveway or private street that lists the addresses that are served
by the given driveway or street. This will assist emergency services personnel to
more easily find a particular home.
Survey Requirements
The applicant’s final plat shall contain State Plane Coordinates [NAD 83 (91)] on
two monuments with a tie to the City’s global positioning system (GPS) geodetic
control network (GC 22). These monuments shall be on the same line and shall be
of the same precision as required for the subdivision plat boundary. Along with the
coordinates, the plat shall contain the scale factor to convert ground measurements
to grid measurements and the angle from north to grid north. These coordinates
can be established by:
GPS tie networked to the City’s GPS survey.
By random traverse using conventional surveying methods.
In addition, the applicant’s as-built drawings shall be tied to the GPS network.
The applicant’s engineer shall provide the City with an electronic file with points
for each structure (manholes, catch basins, water valves, hydrants and other
ENGINEERING COMMENTS PAGE 13
water system features) in the development, and their respective X and Y State
Plane Coordinates, referenced to NAD 83 (91).
Recommendations:
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING,
EXCAVATION AND/OR FILL ACTIVITIES:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
.Prior to commencing onsite improvements, a Public Facility Improvement
(PFI) permit is required for this project to cover and any other work in
the public right-of-way. Six (6/) sets of detailed public improvement plans
shall be submitted for review to the Engineering Department. NOTE:
these plans are in addition to any drawings required by the Building
Division and should only include sheets relevant to public improvements.
Public Facility Improvement (PFI) permit plans shall conform to City of
Tigard Public Improvement Design Standards, which are available at City
Hall and the City’s web page (www.tigard-or.gov).
The PFI permit plan submittal shall include the exact legal name, address
and telephone number of the individual or corporate entity who will be
designated as the “Permittee”, and who will provide the financial
assurance for the public improvements. For example, specify if the entity
is a corporation, limited partnership, LLC, etc. Also specify the state within
which the entity is incorporated and provide the name of the corporate
contact person. Failure to provide accurate information to the Engineering
Department will delay processing of project documents.
The applicant shall provide a construction vehicle access and parking plan
for approval by the City Engineer. The purpose of this plan is for parking
and traffic control during the public improvement construction phase.
The applicant shall submit construction plans to the Engineering
Department as a part of the Public Facility Improvement permit, which
indicate that they will construct a full-street improvement along SW
Hansen and SW 78th. The improvements adjacent to this site shall
include:
A.City standard pavement section for a local street from
curb to curb equal to 28 feet, with a 50-foot ROW;
ENGINEERING COMMENTS PAGE 14
B.pavement tapers needed to tie the new improvement back
into the existing edge of pavement shall be built beyond the site
frontage;
C.concrete curb, or curb and gutter as needed;
D.storm drainage, including any off-site storm drainage
necessary to convey surface and/or subsurface runoff;
E.5-foot concrete sidewalk with a 5-foot planter strip;
F.street trees in the planter strip spaced per TDC
requirements;
G.street striping;
H.streetlight layout by applicant’s engineer, to be approved by
City Engineer;
I.underground utilities;
J.street signs (if applicable);
K.driveway apron (if applicable).
The applicant shall submit construction plans to the Engineering Department as a
part of the Public Facility Improvement permit, which indicate that they will
construct a half-street and full street improvements along the frontage of SW
76th. The improvements adjacent to this site shall include:
A.City standard pavement section for a local street from curb to
curb equal to 32 feet, with a 54-foot ROW;
B.pavement tapers needed to tie the new improvement back into the
existing edge of pavement shall be built beyond the site frontage;
C.concrete curb, or curb and gutter as needed;
D.storm drainage, including any off-site storm drainage necessary to
convey surface and/or subsurface runoff;
E.5-foot concrete sidewalk with a 5-foot planter strip;
F.street trees in the planter strip spaced per TDC requirements;
G.street striping;
H.streetlight layout by applicant’s engineer, to be approved by City
Engineer;
I.underground utilities;
J.street signs (if applicable);
K.driveway apron (if applicable).
The applicant shall submit construction plans to the Engineering Department as a
part of the Public Facility Improvement permit, which indicate that they will
construct a half-street and full street improvements along the frontage of
SW 79th, a neighborhood route. The improvements adjacent to this site
shall include:
ENGINEERING COMMENTS PAGE 15
A.City standard pavement section for a local street from curb to
centerline equal to 18 feet, with 6-foot bike lane and 24 feet of travel lane
minimum total, with a 58-foot ROW , minimum of 29 feet from centerline;
B.pavement tapers needed to tie the new improvement back into the
existing edge of pavement shall be built beyond the site frontage;
C.concrete curb, or curb and gutter as needed;
D.storm drainage, including any off-site storm drainage necessary to
convey surface and/or subsurface runoff;
E.5 foot concrete sidewalk with a 5 foot planter strip, the
applicant’s plans shall be revised to provide the planter between the curb
and sidewalk. In addition,the applicant shall extend sidewalk both north
and south to connect to existing sidewalk;
F.street trees in the planter strip spaced per TDC requirements;
G.street striping;
H.streetlight layout by applicant’s engineer, to be approved by City
Engineer;
I.underground utilities;
J.street signs (if applicable);
K.driveway apron (if applicable).
The applicant’s construction drawings shall show that the pavement and rock
section for the proposed private street(s) shall meet the City’s public street
standard for a local residential street.
Street lights are required on the private street and shall be metered separately
from the public system.
The applicant shall establish stop sign control on the newly constructed site
access approach to SW 79th Avenue, as recommended in the Traffic
Analysis Report prepared by Charbonneau Engineering, dated May 2016.
All other recommendations shall be incorporated, as well.
Sanitary sewer and storm drainage details shall be provided as part of the Public
Facility Improvement (PFI) permit plans. Calculations and a topographic
map of the storm drainage basin and sanitary sewer service area shall be
provided as a supplement to the Public Facility Improvement (PFI) permit
plans. Calculations shall be based on full development of the serviceable
area. The location and capacity of existing, proposed, and future lines
shall be addressed.
Any extension of public water lines shall be shown on the proposed Public
Facility Improvement (PFI) permit construction drawings and shall be
reviewed and approved by the City’s Water Department, as a part of the
Engineering Department plan review. NOTE: An estimated 12% of the
water system costs must be on deposit with the Water Department prior to
ENGINEERING COMMENTS PAGE 16
approval of the PFI permit plans from the Engineering Department and
construction of public water lines.
The applicant shall provide an on-site water quality facility as required by Clean
Water Services Design and Construction Standards (adopted by
Resolution and Order No. 00-7). Final plans and calculations shall be
submitted to the Engineering Department (Kim McMillan) for review and
approval prior to issuance of the site permit. In addition, a proposed
maintenance plan shall be submitted along with the plans and calculations
for review and approval.
The applicant shall provide a maintenance access road to the facility and any
drainage structures within the facility to accommodate City maintenance
vehicles. The access road shall be paved and have a structural section
capable of accommodating a 50,000-pound vehicle. The paved width
shall be a minimum of 10 feet wide, and there shall be two-foot rock
shoulders provided on each side. If the maintenance roadway is over 150
feet in length, a turnaround shall be provided.
The applicant shall provide an approvable trail route to accommodate the Fanno
Creek Trail and construction equipment in lieu of SW 76th Avenue ROW.
An erosion control plan shall be provided as part of the Public Facility
Improvement (PFI) permit drawings. The plan shall conform to the
"Erosion Prevention and Sediment Control Design and Planning Manual,
current edition.”
A final grading plan shall be submitted showing the existing and proposed
contours. The plan shall detail the provisions for surface drainage of all
lots, and show that they will be graded to insure that surface drainage is
directed to the street or a public storm drainage system approved by the
Engineering Department. For situations where the back portions of lots
drain away from a street and toward adjacent lots, appropriate private
storm drainage lines shall be provided to sufficiently contain and convey
runoff from each lot.
The applicant shall incorporate the recommendations from the submitted
geotechnical report by GeoPacific Engineering, Inc, dated May 22, 2016,
into the final grading plan. The geotechnical engineer shall be employed
by the applicant throughout the entire construction period to ensure that all
grading, including cuts and fills, are constructed in accordance with the
approved plan and Appendix Chapter 33 of the UBC. A final construction
supervision report shall be filed with the Engineering Department prior to
issuance of building permits.
ENGINEERING COMMENTS PAGE 17
The design engineer shall indicate, on the grading plan, which lots will have
natural slopes between 10% and 20%, as well as lots that will have natural
slopes in excess of 20%. This information will be necessary in
determining if special grading inspections and/or permits will be necessary
when the lots develop.
The final construction plans shall be signed by the geotechnical engineer to
ensure that they have reviewed and approved the plans. The
geotechnical engineer shall also sign the as-built grading plan at the end
of the project.
The applicant shall obtain a 1200-C General Permit issued by the City of Tigard
pursuant to ORS 468.740 and the Federal Clean Water Act.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
APPROVAL OF THE FINAL PLAT:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
.Prior to plat approval,the applicant shall pay $ 1001.50 to the City for the
striping of the bike lane along the frontage of SW 79th Avenue.
.The applicant’s final plat shall contain State Plane Coordinates on two
monuments with a tie to the City’s global positioning system (GPS)
geodetic control network (GC 22) as recorded in Washington County
survey records. These monuments shall be on the same line and shall be
of the same precision as required for the subdivision plat boundary. Along
with the coordinates, the plat shall contain the scale factor to convert
ground measurements to grid measurements and the angle from north to
grid north. These coordinates can be established by:
•GPS tie networked to the City’s GPS survey.
•By random traverse using conventional surveying methods.
Prior to plat approval, the applicant shall pay the addressing fee in the amount of
$2100.00.
Prior to plat approval,the applicant shall place a statement on the face of the
final plat indicating the private street(s) will be owned and maintained by
the properties that will be served by it/them. In addition, the applicant
shall record Conditions, Covenants and Restrictions (CC&R’s) along with
the final plat that will clarify how the private property owners are to
maintain the private street(s). These CC&R’s shall be reviewed and
approved by the City prior to approval of the final plat. The City’s public
ENGINEERING COMMENTS PAGE 18
improvement design standards require private streets to have a pavement
section equal to a public local street. The applicant will need to provide
this type of pavement section.
Prior to plat approval, the applicant shall form an HOA for the maintenance of the
private street and sensitive areas and tracts.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
ISSUANCE OF BUILDING PERMITS:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
.Prior to issuance of building permits within the subdivision, the City
Engineer shall deem the public improvements substantially complete.
Substantial completion shall be when: 1) all utilities are installed and
inspected for compliance, including franchise utilities, 2) all local
residential streets have at least one lift of asphalt, 3) any off-site street
and/or utility improvements are substantially completed, and 4) all street
lights are installed and ready to be energized.
Prior to issuance of building permits the applicant shall provide the City
with as-built drawings of the public improvements as follows: 1) 3 mil
mylar, 2) a diskette of the as-builts in “DWG” format, if available; otherwise
“DXF” will be acceptable, and 3) the as-built drawings shall be tied to the
City’s GPS network. The applicant’s engineer shall provide the City with
an electronic file with points for each structure (manholes, catch basins,
water valves, hydrants and other water system features) in the
development, and their respective X and Y State Plane Coordinates,
referenced to NAD 83 (91).
The applicant shall provide signage at the entrance of each shared flag lot
driveway or private street that lists the addresses that are served by the
given driveway or street.
The applicant shall place the existing overhead utility lines along SW 79th
Avenue underground as a part of this project.
Prior to issuance of the building permit, the applicant shall pay the fee in-
lieu of constructing an on-site water quantity facility. The fee is based on
the total area of new impervious surfaces in the proposed development.
ENGINEERING COMMENTS PAGE 19
STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS
FOLLOWS:
Centerline Monumentation
In accordance with Oregon Revised Statutes 92.060, subsection (2), the
centerline of all street and roadway rights-of-way shall be monumented
before the City accepts a street improvement.
The following centerline monuments shall be set:
1.All centerline-centerline intersection points;
2.All cul-de-sac center points; and
3.Curve points, beginning and ending points (PC's and PT's).
All centerline monuments shall be set during the first lift of pavement.
Monument Boxes Required
Monument boxes conforming to City standards will be required around all
centerline intersection points, cul-de-sac center points, and curve points.
The tops of all monument boxes shall be set to finished pavement grade.
18.810 Street & Utility Improvement Standards:
18.810.120 Utilities
All utility lines including, but not limited to those required for electric,
communication, lighting and cable television services and related facilities
shall be placed underground, except for surface-mounted transformers,
surface-mounted connection boxes, and meter cabinets which may be
placed above ground, temporary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or
above.
18.810.130 Cash or Bond Required
All improvements installed by the subdivider shall be guaranteed as to
workmanship and material for a period of one year following acceptance
by the City.
ENGINEERING COMMENTS PAGE 20
Such guarantee shall be secured by cash deposit or bond in the amount of the
value of the improvements as set by the City Engineer.
The cash or bond shall comply with the terms and conditions of Section
18.810.180.
18.810.150 Installation Prerequisite
No land division improvements, including sanitary sewers, storm sewers, streets,
sidewalks, curbs, lighting or other requirements shall be undertaken
except after the plans therefore have been approved by the City, permit
fee paid and permit issued.
18.810.180 Notice to City Required
Work shall not begin until the City has been notified in advance.
If work is discontinued for any reason, it shall not be resumed until the City is
notified.
18.810.200 Engineer's Certification
The land divider's engineer shall provide written certification of a form provided
by the City that all improvements, workmanship and materials are in
accord with current and standard engineering and construction practices,
and are of high grade, prior to the City acceptance of the subdivision's
improvements or any portion thereof for operation and maintenance.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
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
January 11, 2017
Gary Pagenstecher
City of Tigard
13125 SW Hall Blvd
Tigard OR
97223
Re: Elderberry Ridge PDR 2016-00009 / SUB 2016-00007
Tax Lot I.D: 2S112BD 300,400,500,600 1500. 2S11CA 100
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 December 28th 2016. 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.FIRE APPARATUS ACCESS ROADS FOR INDIVIDUAL ONE AND TWO FAMILY DWELLINGS AND
ACCESSORY STRUCTURES:The fire district will approve access roads of 12 feet for up to three dwelling units
(Group R-3) and accessory (Group U) buildings. (OFC 503.1.1)
3.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)
4.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
5.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)
Residential One- and Two-Family Development 3.2.1 – Page 2
6.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)
7.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)
8.TURNING RADIUS:The inside turning radius and outside turning radius shall not be less than 28 feet and 48 feet
respectively, measured from the same center point. (OFC 503.2.4 & D103.3)
9.ACCESS ROAD GRADE:Fire apparatus access roadway grades shall not exceed 15%.
10.ANGLE OF APPROACH/GRADE FOR TURNAROUNDS:Turnarounds shall be as flat as possible and have a
maximum of 5% grade with the exception of crowning for water run-off. (OFC 503.2.7 & D103.2)
11.ANGLE OF APPROACH/GRADE FOR INTERSECTIONS:Intersections shall be level (maximum 5%) with the
exception of crowning for water run-off. (OFC 503.2.7 & D103.2)
12.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 sig nage
shall also be provided during construction. (OFC 3309 and 3310.1)
13.TRAFFIC CALMING DEVICES:Shall be prohibited on fire access routes unless approved by the Fire Marshal. (OFC
503.4.1).
FIREFIGHTING WATER SUPPLIES:
14.SINGLE FAMILY DWELLINGS -REQUIRED FIRE FLOW:The minimum available fire flow for one and two-family
dwellings served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is (are) 3,600
square feet or larger, the required fire flow shall be determined according to OFC Appendix B. (OFC B105.2)
15.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)
16.FIREFIGHTING WATER SUPPLY FOR RURAL ONE-AND TWO-FAMILY DWELLINGS: Rural one-and two-family
dwellings, where there is no fixed and reliable water supply and there is approved access,shall not be required to
provide a firefighting water supply.
17.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:
18.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
Residential One- and Two-Family Development 3.2.1 – Page 3
approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. (OFC
507.5.1)
19.FIRE HYDRANT NUMBER AND DISTRIBUTION:The minimum number and distribution of fire hydrants available to a
building shall not be less than that listed in Table C 105.1. (OFC Appendix C)
20.FIRE HYDRANT(S) PLACEMENT: (OFC C104)
Existing hydrants in the area may be used to meet the required number of hydrants as approved. Hydrants that
are up to 600 feet away from the nearest point of a subject building that is protected with fire sprinklers may
contribute to the required number of hydrants.(OFC 507.5.1)
Hydrants that are separated from the subject building by railroad tracks shall not contribute to the required
number of hydrants unless approved by the Fire Marshal.
Hydrants that are separated from the subject building by divided highways or freeways shall not contribute to the
required number of hydrants.Heavily traveled collector streets may be considered when approved by the Fire
Marshal.
Hydrants that are accessible only by a bridge shall be acceptable to contribute to the required number of hydrants
only if approved by the Fire Marshal.
21.PRIVATE FIRE HYDRANT IDENTIFICATION:Private fire hydrants shall be painted red in color. Exception: Private
fire hydrants within the City of Tualatin shall be yellow in color. (OFC 507)
22.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)
23.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)
24.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)
25.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
26.KNOX BOX:A Knox Box, padlock, or Knox key switch for gate access may be required See Appendix A for further
information and detail on required installations. Order via www.tvfr.com or contact TVF&R for assistance and
instructions regarding installation and placement. (OFC 506.1) http://www.tvfr.com/DocumentCenter/View/1438
27.PREMISES IDENTIFICATION:New and existing buildings shall have approved address numbers; building numbers
or approved building identification placed in a position that is plainly legible and visible from the street or road fronting
the property, including monument signs. These numbers shall contrast with their background. Numbers shall be a
minimum of 4 inches high with a minimum stroke width of 1/2 inch. (OFC 505.1)
Provide a physical address on the new home, as well as, near the intersection of the private drive and public road
visible from both approaches of [enter road intersections here]
If you have questions or need further clarification, or would like to discuss any alternate methods and/or materials, please
feel free to contact me at 503-259-1504.
Residential One- and Two-Family Development 3.2.1 – Page 4
Sincerely,
John Wolff
Deputy Fire Marshal II
Email
John.wolff@tvfr.com
Cc: TVFR File
ENGINEERING COMMENTS PAGE 1
MEMORANDUM
CITY OF TIGARD, OREGON
DATE:12/20/16 (Revised 1-18-17)
TO:Gary Pagenstecher, Associate Planner
FROM:Kim McMillan, Development Review Engineer
RE:PDR2016-00009 Elderberry Ridge
Access Management (Section 18.705.030.H)
Section 18.705.030.H.1 states that an access report shall be submitted with
all new development proposals which verifies design of driveways and
streets are safe by meeting adequate stacking needs, sight distance and
deceleration standards as set by ODOT, Washington County, the City and
AASHTO.
The applicant’s traffic analysis report, prepared by Charbonneau Engineering,
dated May 2016, addressed sight distance for the access from Tract D onto SW
79th Avenue. Sight distance of 280 feet is required and field review showed that
over 350 feet of sightline is available. A final sight distance certification will be
required prior to issuance of building permits.
The sight distance at the intersection of SW 76th and 78th Avenues was not
addressed. A preliminary sight distance certification will be required prior to
issuance of permits. A final sight distance certification will be required prior to
issuance of building permits.
Section 18.705.030.H.2 states that driveways shall not be permitted to be
placed in the influence area of collector or arterial street intersections.
Influence area of intersections is that area where queues of traffic
commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet,
measured from the right-of-way line of the intersecting street to the throat
of the proposed driveway. The setback may be greater depending upon the
influence area, as determined from City Engineer review of a traffic impact
report submitted by the applicant’s traffic engineer. In a case where a
project has less than 150 feet of street frontage, the applicant must explore
any option for shared access with the adjacent parcel. If shared access is
not possible or practical, the driveway shall be placed as far from the
intersection as possible.
This development does not have frontage along a collector or arterial street.
Therefore, this criterion does not apply.
ENGINEERING COMMENTS PAGE 2
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways
and streets along a collector shall be 200 feet. The minimum spacing of
driveways and streets along an arterial shall be 600 feet. The minimum
spacing of local streets along a local street shall be 125 feet.
The proposed private street, Tract D, is more than 125 feet from SW Hansen
Lane. This criterion is met.
The spacing between SW Hansen Lane and SW 78th Avenue exceeds 125 feet.
This criterion is met.
Street And Utility Improvements Standards (Section 18.810):
Chapter 18.810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets
adjacent shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width
planned as a portion of an existing street shall be dedicated and improved
in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a
Local streets to have a 54-foot right-of-way width and 32-foot paved section.
Other improvements required may include on-street parking, sidewalks and
bikeways, underground utilities, street lighting, storm drainage, and street
trees.
This site lies adjacent to SW 76th and 78th Avenues, and SW Hansen Lane,
which are classified as local streets on the City of Tigard Transportation Plan
Map. The site is also adjacent to SW 79th Avenue, which is classified as a
Neighborhood Route with bike lanes.The applicant has proposed that SW 78th
Avenue and SW Hansen Lane be local streets with a 50 -foot right-of-way and 28
feet of paved width. This will allow parking on one side only.
SW Hansen Lane and 78th Avenue are currently unimproved. In order to mitigate
the impact from this development, the applicant should dedicate right-of-way to
provide 50 feet and construct full street improvements, providing 28 feet of
pavement between curbs.
ENGINEERING COMMENTS PAGE 3
SW 79th Avenue is currently unimproved. In order to mitigate the impact from
this development, the applicant should dedicate right-of-way to provide 29 feet
from centerline and construct half -street improvements to provide 18 feet of
pavement from centerline to allow for bike lanes. A minimum of 24 feet of
pavement is required along the SW 79th Avenue frontage (18 feet east of
centerline and a minimum of 6 feet west of centerline).A planter strip is required
between curb and sidewalk and the applicant shall connect the proposed
sidewalk to the sidewalk along Tax lot 7500 and to the south to the existing
sidewalk constructed with the Gentle Woods subdivision.
SW 76th Avenue is currently unimproved. In order to mitigate the impact from
this development, the applicant should dedicate right-of-way to provide 27 feet
from centerline and construct half -street improvements to provide 16 feet of
pavement from centerline. A minimum of 24 feet of pavement is required along
the SW 76th Avenue frontage.
All street and frontage improvements must provide curb, planter strip, sidewalk,
street trees, street lights and storm drainage.
Future Street Plan and Extension of Streets: Section 18.810.030.F states
that a future street plan shall be filed which shows the pattern of existing and
proposed future streets from the boundaries of the proposed land division.
This section also states that where it is necessary to give access or permit a
satisfactory future division of adjoining land,streets shall be extended to the
boundary lines of the tract to be developed and a barricade shall be
constructed at the end of the street. These street stubs to adjoining
properties are not considered to be cul-de-sacs since they are intended to
continue as through streets at such time as the adjoining property is
developed. A barricade shall be constructed at the end of the street by the
property owners which shall not be removed until authorized by the City
Engineer, the cost of which shall be included in the street construction cost.
Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess of 150 feet in length.
The proposed development will complete the existing street network between SW
76th and 79th Avenues in this area. The applicant has applied for a street vacation
for a portion of SW 76th Avenue right-of-way south the intersection of SW 76th
Avenue and SW Hansen Lane.
Street Alignment and Connections:
Section 18.810.030.H.1 states that full street connections with spacing of
no more than 530 feet between connections is required except where
prevented by barriers such as topography, railroads, freeways, pre-existing
developments, lease provisions, easements, covenants or other
restrictions existing prior to May 1, 1995 which preclude street
ENGINEERING COMMENTS PAGE 4
connections. A full street connection may also be exempted due to a
regulated water feature if regulations would not permit construction.
Section 18.810.030.H.2 states that all local, neighborhood routes and
collector streets which abut a development site shall be extended within
the site to provide through circulation when not precluded by
environmental or topographical constraints, existing development patterns
or strict adherence to other standards in this code. A street connection or
extension is precluded when it is not possible to redesign, or reconfigure
the street pattern to provide required extensions. Land is considered
topographically constrained if the slope is greater than 15% for a distance
of 250 feet or more. In the case of environmental or topographical
constraints, the mere presence of a constraint is not sufficient to show that
a street connection is not possible. The applicant must show why the
constraint precludes some reasonable street connection.
The applicant has applied for a vacation of SW 76th Avenue right-of-way, south of
SW Hansen Lane. There are existing wetlands and the flood plain of Fanno
Creek which preclude the extension of SW 76th Avenue. However, the city of
Tigard is developing the remaining portions of the Fanno Creek Trail. The trail
will go through this area and the SW 76th Avenue has been identified as a route
for the trail and for construction equipment access. The applicant may provide
an approvable solution for a trail route and construction equipment access
around Tract C. If such a solution is not viable the city will not support the
vacation request.
Cul-de-sacs: 18.810.030.L states that a cul-de-sac shall be no more than 200
feet long, shall not provide access to greater than 20 dwelling units, and shall
only be used when environmental or topographical constraints, existing
development pattern, or strict adherence to other standards in this code
preclude street extension and through circulation:
All cul-de-sacs shall terminate with a turnaround. Use of turnaround
configurations other than circular, shall be approved by the City Engineer;
and
The length of the cul-de-sac shall be measured from the centerline
intersection point of the two streets to the radius point of the bulb, and
If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an
adjacent street may be required to be provided and dedicated to the
City.
NA
Grades and Curves: Section 18.810.030.N states that grades shall not exceed
ten percent on arterials, 12% on collector streets, or 12% on any other street
(except that local or residential access streets may have segments with
ENGINEERING COMMENTS PAGE 5
grades up to 15% for distances of no greater than 250 feet). Centerline radii
of curves shall be as determined by the City Engineer.
The proposed grades do not exceed 12%. This criterion is met.
Access to Arterials and Major Collectors: Section 18.810.030.Q states that
where a development abuts or is traversed by an existing or proposed
arterial or major collector street, the development design shall provide
adequate protection for residential properties and shall separate residential
access and through traffic, or if separation is not feasible, the design shall
minimize the traffic conflicts. The design shall include any of the following:
A parallel access street along the arterial or major collector;
Lots of suitable depth abutting the arterial or major collector to provide
adequate buffering with frontage along another street;
Screen planting at the rear or side property line to be contained in a
non-access reservation along the arterial or major collector; or
Other treatment suitable to meet the objectives of this subsection;
If a lot has access to two streets with different classifications, pri mary
access should be from the lower classification street.
NA
Private Streets: Section 18.810.030.T states that design standards for
private streets shall be established by the City Engineer. The City shall
require legal assurances for the continued maintenance of private streets,
such as a recorded maintenance agreement. Private streets serving more
than six dwelling units are permitted only within planned developments,
mobile home parks, and multi-family residential developments.
The applicant has proposed to construct a private street, Tract D, to serve 10
lots. The proposed section for the private street meets the standard width
requirements. Street lights are required on the private street and shall be
metered separately from the public system.
The applicant shall place a statement on the face of the final plat indicating the
private street(s) will be owned and maintained by the properties that will be
served by it/them. In addition, the applicant shall record Conditions, Covenants
and Restrictions (CC&R’s) along with the final plat that will clarify how the private
property owners are to maintain the private street(s). These CC&R’s shall be
reviewed and approved by the City prior to approval of the final plat. The City’s
public improvement design standards require private streets to have a pavement
section equal to a public local street. The applicant will need to provide this type
of pavement section.
ENGINEERING COMMENTS PAGE 6
Block Designs -Section 18.810.040.A states that the length, width and shape
of blocks shall be designed with due regard to providing adequate building
sites for the use contemplated, consideration of needs for convenient
access, circulation, control and safety of street traffic and recognition of
limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks
formed by streets shall not exceed 1,800 feet measured along the right-of-
way line except:
Where street location is precluded by natural topography, wetlands or
other bodies of water or, pre-existing development or;
For blocks adjacent to arterial streets, limited access highways, major
collectors or railroads.
For non-residential blocks in which internal public circulation provides
equivalent access.
PLANNING
Section 18.810.040.B.2 also states that bicycle and pedestrian connections
on public easements or right-of-ways shall be provided when full street
connection is not possible. Spacing between connections shall be no
more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict
adherence to other standards in the code.
PLANNING
Lots -Size and Shape: Section 18.810.060(A) prohibits lot depth from being
more than 2.5 times the average lot width, unless the parcel is less than 1.5
times the minimum lot size of the applicable zoning district.
PLANNING
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of
frontage on public or private streets, other than an alley. In the case of a land
partition, 18.420.050.A.4.c applies, which requires a parcel to either have a
minimum 15-foot frontage or a minimum 15-foot wide recorded access
easement. In cases where the lot is for an attached single-family dwelling
unit, the frontage shall be at least 15 feet.
Lots 18 and 19 do not have adequate frontage meeting the 25 feet requirement.
This criterion is NOT met.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to
meet City design standards and be located on both sides of arterial,
collector and local residential streets.Private streets and industrial streets
shall have sidewalks on at least one side.
ENGINEERING COMMENTS PAGE 7
The applicant’s plans indicate the construction of sidewalks along all frontage s,
including the private street. Lots 18 and 19 are not served by a private street and
do not have a sidewalk.
The sidewalk along the SW 79th Avenue frontage must be extended both north
and south to connect to existing sidewalk.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be
installed to serve each new development and to connect developments to
existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as
adopted by Clean Water Services in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive
plan.
Over-sizing: Section 18.810.090.C states that proposed sewer systems
shall include consideration of additional development within the area as
projected by the Comprehensive Plan.
The development will connect to the existing sewer line in SW 76th Avenue, with
new sewer in the proposed street frontages and along the back of lots 11 -17 to
avoid sensitive areas in Tracts A and D.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make
adequate provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.C states that a
culvert or other drainage facility shall be large enough to accommodate
potential runoff from its entire upstream drainage area, whether inside or
outside the development. The City Engineer shall approve the necessary
size of the facility, based on the provisions of Design and Construction
Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or
amendments).
The existing storm system directs stormwater from the Brittany Meadows
Subdivision thru the proposed site, then north along SW 76 th Avenue, where it
then discharges to Fanno Creek.
ENGINEERING COMMENTS PAGE 8
Effect on Downstream Drainage: Section 18.810.100.D states that where it
is anticipated by the City Engineer that the additional runoff resulting from
the development will overload an existing drainage facility, the Director and
Engineer shall withhold approval of the development until provisions have
been made for improvement of the potential condition or until provisions
have been made for storage of additional runoff caused by the
development in accordance with the Design and Construction Standards
for Sanitary and Surface Water Management (as adopted by Clean Water
Services in 2000 and including any future revisions or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek
and adopted the Fanno Creek Watershed Management Plan. Section V of that
plan includes a recommendation that local governments institute a stormwater
detention/effective impervious area reduction program resulting in no net
increase in storm peak flows up to the 25-year event. The City will require that
all new developments resulting in an increase of impervious surfaces provide
onsite detention facilities, unless the development is located a djacent to Fanno
Creek. For those developments adjacent to Fanno Creek, the storm water runoff
will be permitted to discharge without detention.
This development is located adjacent to Fanno Creek, therefore detention is not
required by the city. However, if there are any other agency permits needed then
detention may be required by that agency and those agency approvals must be
provided to the Engineering Department prior to issuance of permits.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments
adjoining proposed bikeways identified on the City’s adopted
pedestrian/bikeway plan shall include provisions for the future extension of
such bikeways through the dedication of easements or right-of-way.
SW 79th Avenue designated a Neighborhood Route with bike lanes. The
applicant shall dedicate ROW to provide 29 feet from centerline.
Cost of Construction: Section 18.810.110.B states that development
permits issued for planned unit developments, conditional use permits,
subdivisions, and other developments which will principally benefit from
such bikeways shall be conditioned to include the cost or construction of
bikeway improvements.
The project frontage along SW 79th Avenue is 289 feet.
The amount of the striping would be as follows:
289 feet of 8-inch white stripe, at $2.50/lf $722.50
1 Mono-directional reflective markers @ $4.00/ea $4.00
ENGINEERING COMMENTS PAGE 9
1 Bike lane legends @ $175/ea $175.00
1 Directional mini-arrows @ $100/ea $100.00
$1001.50
Minimum Width: Section 18.810.110.C states that the minimum width for
bikeways within the roadway is five feet per bicycle travel lane. Minimum
width for two-way bikeways separated from the road is eight feet.
The bike lane shall be 6 feet wide.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those
required for electric, communication, lighting and cable television services
and related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric lines operating at
50,000 volts or above, and:
The developer shall make all necessary arrangements with the serving
utility to provide the underground services;
The City reserves the right to approve location of all surface mounted
facilities;
All underground utilities, including sanitary sewers and storm drains
installed in streets by the developer, shall be constructed prior to the
surfacing of the streets; and
Stubs for service connections shall be long enough to avoid disturbing
the street improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.C states
that a developer shall pay a fee in-lieu of under-grounding costs when the
development is proposed to take place on a street where existing utilities
which are not underground will serve the development and the approval
authority determines that the cost and technical difficulty of under-
grounding the utilities outweighs the benefit of under-grounding in
conjunction with the development. The determination shall be on a case -
by-case basis. The most common, but not the only, such situation is a
short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground
utilities facilities. An applicant for a development which is served by
utilities which are not underground and which are located across a public
right-of-way from the applicant’s property shall pay a fee in-lieu of under-
grounding.
ENGINEERING COMMENTS PAGE 10
There are existing overhead utility lines along the frontage of SW 79th Avenue.
The lines shall be placed underground.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND
UTILITY IMPROVEMENT STANDARDS:
Traffic Study Findings:
A Traffic Analysis Report was prepared by Charbonneau Engineering, dated May
2016. According to the ITE Trip Generation manual the site will generate 409
trips per weekday. A total of 32 AM peak hour and 43 peak hour trips will be
generated.
The report recommends stop sign control be established on the newly
constructed site access approach to SW 79thAvenue.
Fire and Life Safety:
The applicant’s permit plan set will require approval from TVFR with regards to
access and hydrant spacing.
Public Water System:
The city of Tigard provides service in this area.There are existing 8-inch lines
that will serve this development.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM)
regulations established by Clean Water Services (CWS) Design and
Construction Standards (adopted by Resolution and Order No. 00-7) which
require the construction of on-site water quality facilities. The facilit ies
shall be designed to remove 65 percent of the phosphorus contained in 100
percent of the storm water runoff generated from newly created impervious
surfaces. In addition, a maintenance plan shall be submitted indicating the
frequency and method to be used in keeping the facility maintained
through the year.
Prior to issuance of permits, the applicant shall submit plans and calculations for
a water quality facility that will meet the intent of the CWS Design Standards. In
addition, the applicant shall submit a maintenance plan for the facility that must
be reviewed and approved by the City prior to construction.
ENGINEERING COMMENTS PAGE 11
Prior to the City accepting this facility as a public facility, the developer shall
maintain it for a minimum of three years after construction is completed. The
pond shall be placed in a tract and conveyed to the City on the final plat. The
developer will be required to submit annual reports to the City which show what
maintenance operations were conducted on the facility for that year. Onc e the
three-year maintenance period is completed, the City will inspect the facility and
make note of any problems that have arisen and require them to be resolved
before the City will take over maintenance of the facility. In addition, the City will
not take over maintenance of the facility unless 80 percent of the landscaping is
established and healthy. If at any time during the maintenance period, the
landscaping falls below the 80 percent level, the developer shall immediately
reinstall all deficient planting at the next appropriate planting opportunity.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to
reduce the amount of sediment and other pollutants reaching the public
storm and surface water system resulting from development, construction,
grading, excavating, clearing, and any other activity which accelerates
erosion. Per CWS regulations, the applicant is required to submit an
erosion control plan for City review and approval prior to issuance of City
permits.
The Federal Clean Water Act requires that a National Pollutant Discharge
Elimination System (NPDES) erosion control permit be issued for any
development that will disturb one or more acre of land. Since this site is
over five acres, the developer will be required to obtain an NPDES permit
from the City prior to construction. This permit will be issued along with
the site and/or building permit.
A final grading plan shall be submitted showing the existing and proposed contours.
The plan shall detail the provisions for surface drainage of all lots, and show that
they will be graded to insure that surface drainage is directed to the street or a
public storm drainage system approved by the Engineering Department. For
situations where the back portions of lots drain away from a street and toward
adjacent lots, appropriate private storm drainage lines shall be provided to
sufficiently contain and convey runoff from each lot.
The applicant will also be required to provide a geotechnical report,per Appendix
Chapter 33 of the UBC, for the proposed grading slope construction. The
recommendations of the report will need to be incorporated into the final grading
plan and a final construction supervision report must be filed with the Engineering
Department prior to issuance of building permits.
The design engineer shall also indicate, on the grading plan, which lots will have
natural slopes between 10% and 20%, as well as lots that will have natural slopes
ENGINEERING COMMENTS PAGE 12
in excess of 20%. This information will be necessary in determining if special
grading inspections and/or permits will be necessary when the lots develop.
A 1200C Permit will be required.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within the
City of Tigard.An addressing fee in the amount of $50.00 per address shall be
assessed. This fee shall be paid to the City prior to plat approval.
For multi-tenant buildings, one address number is assigned to the building and
then all tenant spaces are given suite numbers. The City is responsible for
assigning the main address and suite numbers. This information is needed so
that building permits for tenant improvements can be adequately tracked in the
City’s permit tracking system. Based upon the information provided by the
applicant, this building will be a multi-tenant building. Prior to issuance of the site
permit, the applicant shall provide a suite layout map so suite numbers can be
assigned. The addressing fee will then be calculated based upon the number of
suites that must be addressed. In multi-level structures, ground level suites shall
have numbers preceded by a “1”, second level suites shall have numbers
preceded by a “2”, etc.
For this project, the addressing fee will be $2250.00 (42 lots and/or tracts X
$50/address = $2100.00).
The developer will also be required to provide signage at the entrance of each
shared flag lot driveway or private street that lists the addresses that are served
by the given driveway or street. This will assist emergency services personnel to
more easily find a particular home.
Survey Requirements
The applicant’s final plat shall contain State Plane Coordinates [NAD 83 (91)] on
two monuments with a tie to the City’s global positioning system (GPS) geodetic
control network (GC 22). These monuments shall be on the same line and shall be
of the same precision as required for the subdivision plat boundary. Along with the
coordinates, the plat shall contain the scale factor to convert ground measurements
to grid measurements and the angle from north to grid north. These coordinates
can be established by:
GPS tie networked to the City’s GPS survey.
By random traverse using conventional surveying methods.
In addition, the applicant’s as-built drawings shall be tied to the GPS network.
The applicant’s engineer shall provide the City with an electronic file with points
for each structure (manholes, catch basins, water valves, hydrants and other
ENGINEERING COMMENTS PAGE 13
water system features) in the development, and their respective X and Y St ate
Plane Coordinates, referenced to NAD 83 (91).
Recommendations:
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING,
EXCAVATION AND/OR FILL ACTIVITIES:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
.Prior to commencing onsite improvements, a Public Facility Improvement
(PFI) permit is required for this project to cover and any other work in
the public right-of-way. Six (6/) sets of detailed public improvement plans
shall be submitted for review to the Engineering Department. NOTE:
these plans are in addition to any drawings required by the Building
Division and should only include sheets relevant to public improvements.
Public Facility Improvement (PFI) permit plans shall conform to City of
Tigard Public Improvement Design Standards, which are available at City
Hall and the City’s web page (www.tigard-or.gov).
The PFI permit plan submittal shall include the exact legal name, addres s
and telephone number of the individual or corporate entity who will be
designated as the “Permittee”, and who will provide the financial
assurance for the public improvements. For example, specify if the entity
is a corporation, limited partnership, LLC, etc. Also specify the state within
which the entity is incorporated and provide the name of the corporate
contact person. Failure to provide accurate information to the Engineering
Department will delay processing of project documents.
The applicant shall provide a construction vehicle access and parking plan
for approval by the City Engineer. The purpose of this plan is for parking
and traffic control during the public improvement construction phase.
The applicant shall submit construction plans to the Engineering
Department as a part of the Public Facility Improvement permit, which
indicate that they will construct a full-street improvement along SW
Hansen and SW 78th. The improvements adjacent to this site shall
include:
A.City standard pavement section for a local street from
curb to curb equal to 28 feet, with a 50-foot ROW ;
ENGINEERING COMMENTS PAGE 14
B.pavement tapers needed to tie the new improvement back
into the existing edge of pavement shall be built beyond the site
frontage;
C.concrete curb, or curb and gutter as needed;
D.storm drainage, including any off-site storm drainage
necessary to convey surface and/or subsurface runoff;
E.5-foot concrete sidewalk with a 5-foot planter strip;
F.street trees in the planter strip spaced per TDC
requirements;
G.street striping;
H.streetlight layout by applicant’s engineer, to be approved by
City Engineer;
I.underground utilities;
J.street signs (if applicable);
K.driveway apron (if applicable).
The applicant shall submit construction plans to the Engineering Department as a
part of the Public Facility Improvement permit, which indicate that they will
construct half-street improvements along the frontage of SW 76th. The
improvements adjacent to this site shall include:
A.City standard pavement section for a local street from curb to
curb equal to 32 feet, with a 54-foot ROW;
B.pavement tapers needed to tie the new improvement back into the
existing edge of pavement shall be built beyond the site frontage;
C.concrete curb, or curb and gutter as needed;
D.storm drainage, including any off -site storm drainage necessary to
convey surface and/or subsurface runoff;
E.5-foot concrete sidewalk with a 5-foot planter strip;
F.street trees in the planter strip spaced per TDC requirements;
G.street striping;
H.streetlight layout by applicant’s engineer, to be approved by City
Engineer;
I.underground utilities;
J.street signs (if applicable);
K.driveway apron (if applicable).
The applicant shall submit construction plans to the Engineering Department as a
part of the Public Facility Improvement permit, which indicate that they will
construct half-street improvements along the frontage of SW 79th, a
neighborhood route. The improvements adjacent to this site shall include:
A.City standard pavement section for a local street from curb to
centerline equal to 18 feet, with 6-foot bike lane and 24 feet of travel lane
minimum total, with a 58-foot ROW , minimum of 29 feet from centerline;
ENGINEERING COMMENTS PAGE 15
B.pavement tapers needed to tie the new improvement back into the
existing edge of pavement shall be built beyond the site frontage;
C.concrete curb, or curb and gutter as needed;
D.storm drainage, including any off -site storm drainage necessary to
convey surface and/or subsurface runoff;
E.5 foot concrete sidewalk with a 5 foot planter strip, the
applicant’s plans shall be revised to provide the planter between the curb
and sidewalk. In addition,the applicant shall extend sidewalk north to
connect to existing sidewalk;
F.street trees in the planter strip spaced per TDC requirements;
G.street striping;
H.streetlight layout by applicant’s engineer, to be approved by City
Engineer;
I.underground utilities;
J.street signs (if applicable);
K.driveway apron (if applicable).
The applicant’s construction drawings shall show that the pavement and rock
section for the proposed private street(s) shall meet the City’s public street
standard for a local residential street.
Street lights are required on the private street and shall be metered separately
from the public system.
The applicant shall establish stop sign control on the newly constructed site
access approach to SW 79th Avenue, as recommended in the Traffic
Analysis Report prepared by Charbonneau Engineering, dated May 2016.
All other recommendations shall be incorporated, as well.
Sanitary sewer and storm drainage details shall be provided as part of the Public
Facility Improvement (PFI) permit plans. Calculations and a topographic
map of the storm drainage basin and sanitary sewer service area shall be
provided as a supplement to the Public Facility Improvement (PFI) permit
plans. Calculations shall be based on full development of the serviceable
area. The location and capacity of existing, proposed, and future lines
shall be addressed.
Any extension of public water lines shall be shown on the proposed Public
Facility Improvement (PFI) permit construction drawings and shall be
reviewed and approved by the City’s Water Department, as a part of the
Engineering Department plan review. NOTE: An estimated 12% of the
water system costs must be on deposit with the Water Department prior to
approval of the PFI permit plans from the Engineering Department and
construction of public water lines.
ENGINEERING COMMENTS PAGE 16
The applicant shall provide an on-site water quality facility as required by Clean
Water Services Design and Construction Standards (adopted by
Resolution and Order No. 00-7). Final plans and calculations shall be
submitted to the Engineering Department (Kim McMillan) for review and
approval prior to issuance of the site permit. In addition, a proposed
maintenance plan shall be submitted along with the plans and calculations
for review and approval.
The applicant shall provide a maintenance access road to the facility and any
drainage structures within the facility to accommodate City maintenance
vehicles. The access road shall be paved and have a structural section
capable of accommodating a 50,000-pound vehicle. The paved width
shall be a minimum of 10 feet wide, and there shall be two-foot rock
shoulders provided on each side. If the maintenance roadway is over 150
feet in length, a turnaround shall be provided.
Prior to issuance of permits, the applicant shall provide Corps of Engineers
approval of the detention facility to the En gineering Department.
The applicant shall provide an approvable trail route to accommodate the Fanno
Creek Trail and construction equipment in lieu of SW 76th Avenue ROW.
An erosion control plan shall be provided as part of the Public Facility
Improvement (PFI) permit drawings. The plan shall conform to the
"Erosion Prevention and Sediment Control Design and Planning Manual,
current edition.”
A final grading plan shall be submitted showing the existing and proposed
contours. The plan shall detail the provisions for surface drainage of all
lots, and show that they will be graded to insure that surface drainage is
directed to the street or a public storm drainage system approved by the
Engineering Department. For situations where the back portions of lots
drain away from a street and toward adjacent lots, appropriate private
storm drainage lines shall be provided to sufficiently contain and convey
runoff from each lot.
The applicant shall incorporate the recommendations from the submitted
geotechnical report by GeoPacific Engineering, Inc, dated May 22, 2016,
into the final grading plan. The geotechnical engineer shall be employed
by the applicant throughout the entire construction period to ensure that all
grading, including cuts and fills, are constructed in accordance with the
approved plan and Appendix Chapter 33 of the UBC. A final construction
supervision report shall be filed with the Engineering Department prior to
issuance of building permits.
ENGINEERING COMMENTS PAGE 17
The design engineer shall indicate, on the grading plan, which lots will have
natural slopes between 10% and 20%, as well as lots that will have natural
slopes in excess of 20%. This information will be necessary in
determining if special grading inspections and/or permits will be necessary
when the lots develop.
The final construction plans shall be signed by the geotechnical engineer to
ensure that they have reviewed and approved the plans. The
geotechnical engineer shall also sign the as-built grading plan at the end
of the project.
The applicant shall obtain a 1200-C General Permit issued by the City of Tigard
pursuant to ORS 468.740 and the Federal Clean Water Act.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
APPROVAL OF THE FINAL PLAT:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
.Prior to plat approval,the applicant shall pay $ 1001.50 to the City for the
striping of the bike lane along the frontage of SW 79th Avenue.
.The applicant’s final plat shall contain State Plane Coordinates on two
monuments with a tie to the City’s global positioning system (GPS)
geodetic control network (GC 22) as recorded in Washington County
survey records. These monuments shall be on the same line and shall be
of the same precision as required for the subdivision plat boundary. Along
with the coordinates, the plat shall contain the scale factor to convert
ground measurements to grid measurements and the angle from north to
grid north. These coordinates can be established by:
•GPS tie networked to the City’s GPS survey.
•By random traverse using conventional surveying methods.
Prior to plat approval, the applicant shall pay the addressing fee in the amount of
$2100.00.
Prior to plat approval,the applicant shall place a statement on the face of the
final plat indicating the private street(s) will be owned and maintained by
the properties that will be served by it/them. In addition, the applicant
shall record Conditions, Covenants and Restrictions (CC&R’s) along with
the final plat that will clarify how the private property owners are to
maintain the private street(s). These CC&R’s shall be reviewed and
approved by the City prior to approval of the final plat. The City’s public
ENGINEERING COMMENTS PAGE 18
improvement design standards require private streets to have a pavement
section equal to a public local street. The applicant will need to provide
this type of pavement section.
Prior to plat approval, the applicant shall form an HOA for the maintenance of the
private street and sensitive areas and tracts.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
ISSUANCE OF BUILDING PERMITS:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
.Prior to issuance of building permits within the subdivision, the City
Engineer shall deem the public improvements substantially complete.
Substantial completion shall be when: 1) all utilities are installed and
inspected for compliance, including franchise utilities, 2) all local
residential streets have at least one lift of asphalt, 3) any off -site street
and/or utility improvements are substantially completed, and 4) all street
lights are installed and ready to be energized.
Prior to issuance of building permits the applicant shall provide the City
with as-built drawings of the public improvements as follows: 1) 3 mil
mylar, 2) a diskette of the as-builts in “DWG” format, if available; otherwise
“DXF” will be acceptable, and 3) the as-built drawings shall be tied to the
City’s GPS network. The applicant’s engineer shall provide the City with
an electronic file with points for each structure (manholes, catch basins,
water valves, hydrants and other water system features) in the
development, and their respective X and Y State Plane Coordinates,
referenced to NAD 83 (91).
The applicant shall provide signage at the entrance of each shared flag lot
driveway or private street that lists the addresses that are served by the
given driveway or street.
The applicant shall place the existing overhead utility lines along SW 79th
Avenue underground as a part of this project.
Prior to issuance of the building permit, the applicant shall pay the fee in -
lieu of constructing an on-site water quantity facility. The fee is based on
the total area of new impervious surfaces in the proposed development.
ENGINEERING COMMENTS PAGE 19
STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS
FOLLOWS:
Centerline Monumentation
In accordance with Oregon Revised Statutes 92.060, subsection (2), the
centerline of all street and roadway rights-of-way shall be monumented
before the City accepts a street improvement.
The following centerline monuments shall be set:
1.All centerline-centerline intersection points;
2.All cul-de-sac center points; and
3.Curve points, beginning and ending points (PC's and PT's).
All centerline monuments shall be set during the first lift of pavement.
Monument Boxes Required
Monument boxes conforming to City standards will be required around all
centerline intersection points, cul-de-sac center points, and curve points.
The tops of all monument boxes shall be set to finished pavement grade.
18.810 Street & Utility Improvement Standards:
18.810.120 Utilities
All utility lines including, but not limited to those required for electric,
communication, lighting and cable television services and related facilities
shall be placed underground, except for surface-mounted transformers,
surface-mounted connection boxes, and meter cabinets which may be
placed above ground, temporary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or
above.
18.810.130 Cash or Bond Required
All improvements installed by the subdivider shall be guaranteed as to
workmanship and material for a period of one year following acceptance
by the City.
ENGINEERING COMMENTS PAGE 20
Such guarantee shall be secured by cash deposit or bond in the amount of the
value of the improvements as set by the City Engineer.
The cash or bond shall comply with the terms and conditions of Section
18.810.180.
18.810.150 Installation Prerequisite
No land division improvements, including sanitary sewers, storm sewers, streets,
sidewalks, curbs, lighting or other requirements shall be undertaken
except after the plans therefore have been approved by the City, permit
fee paid and permit issued.
18.810.180 Notice to City Required
Work shall not begin until the City has been notified in advance.
If work is discontinued for any reason, it shall not be resumed until the City is
notified.
18.810.200 Engineer's Certification
The land divider's engineer shall provide written certification of a form provided
by the City that all improvements, workmanship and materials are in
accord with current and standard engineering and construction practices,
and are of high grade, prior to the City acceptance of the subdivision's
improvements or any portion thereof for operation and maintenance.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc.
TABLE OF CONTENTS
LIST OF EXHIBITS ..................................................................................................................................................... I
APPLICATION AND SUBJECT PROPERTY SUMMARY ................................................................................................ I
PROJECT DESCRIPTION ........................................................................................................................................... 1
LAND USE PERMIT REQUEST: ................................................................................................................................. 2
PLANNED DEVELOPMENT WITH A SUBDIVISION & STREET VACATION .................................................................. 2
CHAPTER 15.08: STREET VACATIONS ..................................................................................................................... 2
CHAPTER 18.930: DECISION-MAKING PROCEDURES .............................................................................................. 3
CHAPTER 18.350: PLANNED DEVELOPMENTS ........................................................................................................ 4
CHAPTER 18.430: SUBDIVISIONS .......................................................................................................................... 15
CHAPTER 18.510: RESIDENTIAL ZONING DISTRICTS .............................................................................................. 19
CHAPTER 18.705: ACCESS, EGRESS AND CIRCULATION ......................................................................................... 23
CHAPTER 18.725: ENVIRONMENTAL PERFORMANCE STANDARDS....................................................................... 27
CHAPTER 18.730: EXCEPTIONS TO DEVELOPMENT STANDARDS .......................................................................... 28
CHAPTER 18.745: LANDSCAPING AND SCREENING ............................................................................................... 31
CHAPTER 18.765: PARKING .................................................................................................................................. 34
CHAPTER 18.775: SENSITIVE LANDS ..................................................................................................................... 34
CHAPTER 18.790: URBAN FORESTRY PLAN ........................................................................................................... 37
CHAPTER 18.795: VISUAL CLEARANCE AREAS ...................................................................................................... 38
CHAPTER 18.810: STREETS AND UTILITY IMPR OVEMENT STANDARDS ................................................................. 40
SUMMARY AND REQUEST .................................................................................................................................... 51
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. I
LIST OF EXHIBITS
A Land Use Application Forms
B Title Deed
C Neighborhood Meeting Documentation
D Service Provider Letters
E Impact Study (per TDC 18.390.040.B.2.e.)
F Copy of Pre-Application Notes
G Stormwater Report and Calculations
H Geotechnical Report
I Urban Forestry Plan
J Residential Density Calculation
K Subdivision Naming Approval
L Concept Development Plan
M Concept Development Plan Statement
N Detailed Development Plan Set
O Traffic Analysis
P Wetland Delineation Report
Q Vacation - Consent to Vacate
R Vacation – Legal Description & Exhibit
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. II
APPLICATION AND SUBJECT PROPERTY SUMMARY
SUBJECT PROPERTY: Tax Map: 2S112BD
Tax Lots: 300, 400, 500, 600, 1500
Tax Map: 2S112CA
Tax Lots: 100
PROPERTY LOCATION: 14775 SW 76th Ave.
Tigard, OR 97224
PROPOSAL: 40 Lot Subdivision
SITE SIZE: 16.74 Acres
ZONING DESIGNATION: R-7; R-4.5
PROPERTY OWNER & APPLICANT: Riverside Homes, LLC.
Niki Munson
17933 NW Evergreen Pkwy, Ste. 370
Beaverton, OR 97006
APPLICANT’S REPRESENTATIVE: Ken Sandblast, AICP
Westlake Consultants, Inc.
15115 SW Sequoia Parkway, Suite 150
Tigard, OR 97224
Phone: 503.684.0652
Email: ksandblast@westlakeconsultants.com
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 1
PROJECT DESCRIPTION
This application proposes development for a 40 lot Subdivision of the 16.74-acre subject property
located on the east side of SW 79th Ave, south of the end of SW 76th Ave in the City of Tigard (14775
SW 76th Avenue Tigard, OR 97224; Tax Map 2S112BD, Tax Lot 300, 400, 500, 600, and 1500 and Tax
Map 2S112CA Tax Lot 100). The existing residences and accessory buildings will be removed. 40 new
lots will be created around the extensions of SW Hanson Ln. and SW 78th Ave. St to SW 76th Ave on
the north end of the subject property and a new private street intersecting with SW 79 th Ave on the
western edge of the subject property.
Existing conditions on the subject property are the result of a multiple generation use of the
property for cattle and farm uses. Fanno Creek flows along the eastern boundary of the subject
property, and through a portion of the NE corner of the subject property. As depicted on the
existing conditions plan sheet, there are two areas of the subject property outside the floodplain,
one in the western area of the subject property along SW 79th Ave and the other essentially being
the north half of the subject property between SE Hansen Lane and SW 76th Ave. Given that the
majority of the property has been used historically for grazing livestock, there are few existing trees.
In the central and southern areas of the property, there is a large area of property below the 100-
year floodplain elevation. As depicted by both the Wetland Delineation Report and the existing
conditions plan sheet, there are two isolated areas of delineated wetlands, one along northern
boundary totaling 0.12 acres and one in the western portion of the subject property totaling 0.70
acres. The applicant is working through DSL & Corp permits to fill both of these isolated wetlands.
There are 11.02 acres of the 16.74-acre subject property that are sensitive lands as per Section
18.775, including: (i) Fanno Creek, (ii) the 100-yr floodplain, and (iii) topography with >25% slopes.
In addition, there is a significant wetland overlay on the Tigard Comprehensive Plan over a small
portion of the subject property along the south-southwest boundary. Based upon direction provided
by City staff at the preapplication meeting, the boundary of this significant wetland overlay is
modified and defined through this application to match the delineated boundary of the 7.32 acre
contiguous wetland area located within proposed Tract A and Tract D. Given this delineated wetland
area is determined to be designated significant, this 7.32 acre wetland is also a sensitive land as per
Section 18.775.
The proposed concept and detailed planned development plans provide preservation and protection
within an open space tract of 10.75 acres, or 64%, of the 16.74 acre subject property. Open space
tracts, Tract A and Tract D, contain the following designated sensitive lands : (i) the 7.32 acre
contiguous delineated wetland, (ii) the additional 100-yr floodplain outside the delineated wetland
area, (iii) Fanno Creek, and (iv) areas of slopes >25% on the property. Also included within Tract A
and Tract D are the associated CWS vegetated corridors for these sensitive lands areas.
Due to the presence of wetlands and sensitive land areas associated with Fanno Creek, the
extension of SW 76th Ave. is not feasible. As per the recommendation of City of Tigard Staff, a street
vacation process is being conducted concurrently with this application to vacate approximately
33,397 S. F. of ROW near Lot 16 and Lot 17 for the purpose of development. Because the future
extension of SW 76th Ave. is not feasible, the right-of-way proposed to be vacated is not needed, nor
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 2
will the vacation jeopardize public purpose. All city liens and taxes on the property have been paid,
and all necessary signatures are included with this application.
City utility services capable of providing water and sewer are available in the existing streets. The
proposed development will include extending facilities as needed to serve all of the proposed new
lots. As depicted on Exhibit N, the Detailed Development Plan, the existing public sanitary sewer in
SW 76th will be extended into and through the subject property to serve development of the
western area of the subject property and provide future sanitary sewer service to parcels lying west
of SW 79th. As depicted on Exhibit N, this sanitary sewer extension upon and through the subject
property has been specifically designed to be located outside of the 7.32 acre contiguous wetland
and its associated 50’ vegetated corridor contained within Tract A and Tract D. As depicted on
Exhibit N, surface water generated by site development will be collected, conveyed and treated
within two separate storm facilities located in Tract B and Tract C, before being discharged into
Fanno Creek.
The Applicant conducted a Neighborhood Meeting on January 26, 2016. Documentation is provided
in Exhibit C.
LAND USE PERMIT REQUEST:
PLANNED DEVELOPMENT WITH A SUBDIVISION & STREET VACATION
In Table 18.390.1 of the Tigard Development Code (Summary of Permits by Type of Decision-Making
Procedure), “Planned Development with a Subdivision” is listed as a Type IIIA Procedure pursuant to
Section 18.350.100 [Type III Procedure], with a cross-reference to Section 18.430.070 [Approval
Criteria: Final Plat].
Separately, TDC Section 18.430.030(A) provides that “[r]eview of a preliminary plat for subdivision
shall be processed by means of a Type II procedure, as governed by Chapter 18.390, using approval
criteria contained in Section 18.430.040.”
The Applicant has been advised by City of Tigard staff that the proposed Planned Development with
Subdivision request will be subject to public hearing before the Planning Commission (See Exhibit F,
Pre-Application Conference Notes, at Page 7 of 8), i.e., a Type III procedure. This application
presents evidence and recommended findings for approval of the Planned Development with a
Subdivision request, pursuant to applicable requirements of the Tigard Development Code.
The Applicant has been advised by City of Tigard staff that the proposed street vacation is subject to
Chapter 15.08 Street Vacations. The applicant has satisfied all applicable provisions. See narrative’s
response to Chapter 15.08.
CHAPTER 15.08: STREET VACATIONS
15.08.080 Petition Requirements – Staff Review
(a) The application shall be presented to the Recorder who shall not accept incomplete
applications.
(b) A complete application shall include:
(1) A completed petition consenting to the vacation which is signed by all abutting
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 3
property owners and the property owners of not less than two-thirds of the property affected
as provided by ORS 271.080 (2);
(2) A fee deposit as required by Section 15.08.160 o f this chapter;
(3) Each legal instrument required by the Director of Public Works which is signed by all required
persons; and
(4) A certificate showing that all City liens and all taxes have been paid on the land covered by
the petition in the case of a vacation of a plat or a portion thereof;
(5) A report from a title company indicating the name and address of all persons holding an
interest in the abutting property and affected property.
(c) The petition shall:
(1) Set forth a description of the ground proposed to be vacated;
(2) State the purpose for which the ground is proposed to be used;
(3) State the reason for the vacation; and
(4) Contain the notarized signatures required by ORS 271.080 (2). (Ord. 85-01§1(Exhibit A(part)),
1985).
Response: The applicant has included a completed petition consenting to the vacation, signed by Janice
Cornutt, an owner of the subject property. The subject property is the only property which abuts the
proposed vacated right-of-way. As governed by ORS 271.080 Vacation in Incorporated Cities, the real
property affected thereby is defined as “the land lying on either side of the street or portion thereof
proposed to be vacated and extending laterally to the next street that serves as a parallel street, but in
any case not to exceed 200 feet, and the land for a like lateral distance on either side of the street for
400 feet along its course beyond each terminus of the part proposed to be vacated”.
As governed by ORS 271.080 Vacation in Incorporated Cities, the property affected by the proposed
vacation is 8.24 acres. The subject property accounts for 82% or 6.81 acres of the property affected by
the proposed vacation. A signed Consent to Vacate form is attached in Exhibit Q. A fee deposit in the
amount of $2,705 was submitted with this application. A legal description and vacation exhibit are
provided in Exhibit R. All City liens and all taxes have been paid on the subject, and a title report is
provided in Exhibit B.
The legal description provided in Exhibit R, sets forth the portion of SW 76th Ave. proposed to be
vacated. The future extension of 76th Ave. is not feasible due to existing wetlands and sensitive land
areas associated with Fanno Creek. This application proposes the vacation of a portion of SW 76th Ave.
so as to allow for development of the subject property.
CHAPTER 18.930: DECISION-MAKING PROCEDURES
18.390.040 Type III Procedure
A. Preapplication conference. A preapplication conference is required for Type III actions.
Preapplication conference requirements and procedures are set forth in Section
18.390.080.C.
Response: A pre-application conference took place on October 22, 2015. Notes and associated
documents provided by City staff are attached in Exhibit F.
B. Application requirements.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 4
1.Application forms. Type III applications shall be made on forms provided by the director as
provided by 18.390.080.E.1.
2.Content. Type III applications shall:
a.Include the information requested on the application form;
b.Address the relevant criteria in sufficient detail for review and action;
c.Be accompanied by the required fee;
d.Include two sets of pre-stamped, pre-addressed envelopes for all persons who are property
owners of record as specified in subsection C of this section. The records of the Washington
County Department of Assessment and Taxation shall be the official records for determining
ownership. The applicant shall demonstrate that the most current assessment records have
been used to produce the notice list;
e.Include an impact study. The impact study shall quantify the effect of the development on
public facilities and services. The study shall address, at a minimum, the transportation
system, including bikeways, the drainage system, the parks system, the water system, the
sewer system, and the noise impacts of the development. For each public facility system and
type of impact, the study shall propose improvements necessary to meet city standards and
to minimize the impact of the development on the public at large, public facilities systems,
and affected private property users. In situations where the community development code
requires the dedication of real property interests, the applicant shall either specifically
concur with the dedication requirements, or provide evidence which supports the conclusion
that the real property dedication requirement is not roughly proportional to the projected
impacts of the development.
Response: This application and supporting materials have been prepared using the forms and
instructions provided by City staff. A copy of the application form is provided in Exhibit A. This narrative
document cites and quotes applicable Tigard Development Code provisions and provides Responses
from the Applicant, with evidence and explanation of how all applicable approval criteria have been
met. The application fee has been remitted with the application. The Applicant has provided a request
for mailing labels from the City of Tigard with the application, in Exhibit C. The Applicant has also
provided an Impact Study, in Exhibit E. These requirements have been met.
CHAPTER 18.350: PLANNED DEVELOPMENTS
18.350.020 Process
A.Applicable in all zones. The planned development designation is an overlay zone applicable to all
zones. An applicant may elect to develop the project as a planned development, in compliance with
the requirements of this chapter, or in the case of a commer cial or industrial project an approval
authority may apply the provisions of this chapter as a condition of approving any application for the
development. Planned Developments 18.350-2 AP Update: 2/14
B.Elements of approval process. There are three elements to the planned development approval
process, as follows:
1.The approval of the planned development concept plan;
2.The approval of the detailed development plan; and
3.The approval of the planned development overlay zone.
C.Decision-making process.
1.The concept plan shall be processed by means of a Type III-PC procedure, as governed by Section
18.390.050, using approval criteria contained in Section 18.350.050.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 5
2.The detailed development plan shall be reviewed by a means of a Type III-PC procedure, as
governed by Section 18.390.050, to ensure that it is substantially in compliance with the
approved concept plan.
3.The planned development overlay zone will be applied concurrently with the approval of the
detailed plan.
4.Applicants may choose to submit the concept plan and detailed plan for concurrent review
subject to meeting all of the approval criteria for each approval. All applicants are advised that
the purpose of separating these applications is to provide them clear direction in developing the
detailed plans. Rejection of the concept plan will result in a corresponding rejection of the
detailed development plan and overlay zone.
5.In the case of an existing planned development overlay zone, once construction of the detailed
plan has been completed, subsequent applications conforming to the detailed plan shall be
reviewed under the provisions required in the chapter which apply to the particular land use
application.
6.If the application involves subdivision of land, the applicant may also apply for preliminary plat
approval and the applications shall be heard concurrently with the detailed plan.
D.Concurrent applications for concept plan and detailed plan. In the case of concurrent applications for
concept plan and detailed development plan, including subdivision applications, the applicant shall
clearly distinguish the concept from the detailed plan. The Planning Commission shall take separate
actions on each element of the planned development application (i.e., the concept approval must
precede the detailed development approval); however each required action may be made at the
same hearing. (Ord. 06-16)
Response: This application contains a request for the approval of a planned development concept plan,
detailed development plan, and preliminary plat approval for a subdivision to be processed
concurrently. A separate Concept Development Plan and Detailed Development Plan are provided with
this application. The Concept Development Plan is provided in Exhibit L. The Detailed Development Plan
Set is provided in Exhibit N.
18.350.040 Concept Plan Submission Requirements
A.General submission requirements. The applicant shall submit an application containing all of the
general information required for a Type III-PC procedure, as governed by Section 18.390.050 and the
additional information required by subsection B of this section. In addition, the applicant shall submit
the following:
1.A statement of planning objectives to be achieved by the planned development through the
particular approach proposed by the applicant. This statement should include:
a.A description of the character of the proposed development and the rationale behind the
assumptions and choices made by the applicant;
b.An explanation of the architectural style, and what innovative site planning principles are
utilized including any innovations in building techniques that will be employed;
c.An explanation of how the proposal relates to the purposes of the planned development
chapter as expressed in Section 18.350.010; and
d.An explanation of how the proposal utilized the “Planning Commissioner’s Toolbox.”
2.A general development schedule indicating the approximate dates when construction of the
planned development and its various phases are expected to be initiated and completed.
3.A statement of the applicant’s intentions with regard to the future selling or leasing of all or
portions of the planned development. In the case where a residential subdivision is proposed, the
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 6
statement shall include the applicant’s intentions whether the applicant will build the homes, or
sell the lots to other builders.
Response: Exhibit M contains the Concept Development Plan Statement which explains the
development and how it meets the intent of the Planned Development criteria.
B.Additional information. In addition to the general information described in subsection A of this
section, the concept plan, data, and narrative shall include the following information, the detailed
content of which can be obtained from the director:
1.Existing site conditions;
2.A site concept including the types of proposed land uses and structures, including housing types,
and their general arrangement on the site;
3.A grading concept;
4.A landscape concept indicating a percentage range for the amount of proposed open space and
landscaping, and general location and types of proposed open space(s);
5.An urban forestry plan consistent with Chapter 18.790;
6.Parking concept;
7.A sign concept;
8.A streets and utility concept; and
9.Structure setback and development standards concept, including the proposed residential
density target if applicable
Response: The Concept Development Plan in Exhibit L contains the applicable information. The Urban
Forestry Plan Supplemental Report provided in Exhibit I, satisfies all applicable requirements for an
Urban Forestry Plan consistent with Chapter 18.790. Since the proposal is for a single family residential
subdivision, off street parking requirements will be provided by the driveways for each lot.
18.350.050 Concept Plan Approval Criteria
A.The concept plan may be approved by the commission only if all of the following criteria are met:
1.The concept plan includes specific designations on the concept map for areas of open space, and
describes their intended level of use, how they relate to other proposed uses on the site, and how
they protect natural features of the site.
2.The concept plan identifies areas of trees and other natural resources, if any, and identifies
methods for their maximized protection, preservation, and/or management.
Response: As shown on the Concept Development Plan in Exhibit L, Tract A and Tract D contain the
wetlands and other sensitive areas associated with Fanno Creek on the subject property to ensure that
they are protected from development and preserved for open space. The stormwater tracts will also
serve as open space for the project and have been located adjacent to the open space tracts. The layout
of the subdivision incorporates connectivity of the subject property while minimizing impact to sensitive
lands.
3.The concept plan identifies how the future development will integrate into the existing
neighborhood, either through compatible street layout, architectural style, housing type, or by
providing a transition between the existing neighborhood and the project with compatible
development or open space buffers.
Response: As depicted on the Concept Development Plan in Exhibit L, SW Hanson Ln. and SW 78th Ave.
are extended and connect to SW 76th Ave. Due to the location of sensitive land areas upon the subject
property, a new public street intersecting with SW 79th Ave and connecting SW Hansen Ln. and SW 76th
Ave. is not feasible. Thus, a private street is proposed to serve development in the western area of the
subject property. Lot sizes utilize the flexibility standards set forth in the Section 18.350.060 of the code
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 7
to minimize interior lots while keeping perimeter lots at the applicable lot standards of the base zone.
This will allow the development to blend into the existing fabric of the surrounding homes and street
network. The locations of the stormwater tracts will provide a transition buffer to the wetlands and
sensitive areas associated with Fanno Creek.
4.The concept plan identifies methods for promoting walkability or transit ridership, such methods
may include separated parking bays, off street walking paths, shorter pedestrian routes than
vehicular routes, linkages to or other provisions for bus stops, etc.
Response: The development of the subject property with street improvements and the connections of
SW 78th Ave. and SW Hanson Ln. with 76th Ave. provide pedestrian linkages between SW 76th Ave and
SW 79th Ave. The preservation of the wetlands and sensitive areas in Tract A and Tract D provide an
opportunity for future trails. Tract A and Tract D will be considered for dedication to the City for
improvements to be cooperatively planned by the City Parks Department and Clean Water Services
watershed program.
5.The concept plan identifies the proposed uses, and their general arrangement on site. In the case
of projects that include a residential component, housing type, unit density, or generalized lot
sizes shall be shown in relation to their proposed location on site.
Response: The Concept Development Plan in Exhibit L illustrates the proposed lot lines, lot sizes, and
density of the proposed development.
6.The concept plan must demonstrate that development of the property pursuant to the plan
results in development that has significant advantages over a standard development. A concept
plan has a significant advantage if it provides development consistent with the general purpose
of the zone in which it is located at overall densities consistent with the zone, while protecting
natural features or providing additional amenities or features not otherwise available that
enhance the development project or the neighborhood. (Ord. 12-09 §1; Ord. 06-16)
Response: As depicted by the Concept Development Plan in Exhibit L and the Detailed Development
Plan in Exhibit N, this application preserves and protects 10.75 acres of the 16.74 acre subject property
in open space tracts, Tract A and Tract D. A planned development requires a minimum 20% of the
subject property be preserved as open space. With 64% of the subject property not being developed,
this application provides 321% more open space than the minimum required and demonstrates
significant advantages over standard subdivision development which requires no open space.
Development is located upon the subject property outside of the sensitive areas associated with Fanno
Creek, and utilizes lot size exemptions for a planned development to achieve a higher average density as
provided in the density calculations in Exhibit J.
18.350.060 Detailed Development Plan Submission Requirements
A.General submission requirements. The applicant shall submit an application containing all of the
general information required for a Type III-PC procedure, as governed by Section 18.390.050, the
additional information required by 18.350.040.B and the approval criteria under Section 18.350.070.
B.Additional information. In addition to the general information described in subsection A of this
section, the detailed development plan, data, and narrative shall include the following information:
1.Contour intervals of one foot, unless otherwise approved by the director, and spot elevations at
breaks in grade, along drainage channels or swales, and at selected points, as needed.
2.A specific development schedule indicating the approximate dates of construction activity,
including demolition, tree protection installation, tree removal, ground breaking, grading, public
improvements, building construction, and landscaping for each phase.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 8
3.A copy of all existing and/or proposed restrictions or covenants.
Response: The development of the subdivision will be completed in one phase. Construction on
infrastructure improvements will begin pending approval of the Planned Development and final
engineering approval and permits.
C.Compliance with specific development standards. The detailed development plan shall show
compliance with base zone provisions, with the following modifications:
1.Lot dimensional standards. The minimum lot depth and lot width standards shall not apply.
There shall be no minimum lot size except that lots on the perimeter of the project shall not be
less than 80% of the minimum size required in the base zone.
Response: The perimeter lot sizes meet 80% of the minimum lot size for the base zones. The north
section of the development with lots on SW 78th Ave. and SW Hansen Ln. are within the R-7 zone which
has a minimum lot size of 5,000 S.F. which at 80% gives perimeter lots a size requirement of 4,000 S.F.
The western development with the new private street with hammerhead configuration is within the R-
4.5 zone. The minimum lot size is 7,500 S.F. with 80% being 6,000 S.F. The perimeter lots meet the 6,000
S.F. threshold. These provisions have been satisfied.
2.Site coverage. The maximum site coverage is 80%, except in the IP zone where the maximum site
coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as
streets and sidewalks.
3.Building height. In residential zones, any increase in the building height above the maximum in
the base zone will require that the structure be set back from the perimeter of the site a distance
of at least 1-1/2 times the height of the building.
4.Structure setback provisions:
a.Setbacks for structures on the perimeter of the project shall be the same as that required by
the base zone unless otherwise provided by Chapter 18.360;
b.The setback provisions for all setbacks on the interior of the project shall not apply except
that:
i.All structures shall meet the Uniform Building and Fire Code requirements;
ii.A minimum front yard setback of 20 feet is required for any garage structure which
opens facing a street. This setback may be reduced for rear or side loaded garages, if
specified on the detailed plan and proper clearances for backing movements are
accounted for;
iii.A minimum front yard setback of eight feet is required for any garage opening for an
attached single-family dwelling facing a private street as long as the required off-street
parking spaces are provided. This setback may be reduced for rear or side loaded
garages, if specified on the detailed plan and proper clearances for backing movements
are accounted for.
c.If seeking to modify the base zone setbacks, the applicant shall specify the proposed
setbacks, either on a lot by lot, or project wide basis. The commission may require site
specific building envelopes.
5.Other provisions of the base zone. All other provisions of the base zone shall apply except as
modified by this chapter. (Ord. 12-09 §1; Ord. 06-16)
Response: This development requests reduced setbacks to 3 feet for the interior lots along SW Hansen
Ln., Lots 24 – 28, to accommodate the required 30-foot setback on the west side of the Lot 28. If an
exception to the 30-foot setback would be granted by the City, then the interior setbacks could be
increased to 5-feet. The 30-foot setback for Lot 28 is discussed further in this application under the
response to 18.510.050 Development Standards.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 9
18.350.070 Detailed Development Plan Approval Criteria
A detailed development plan may be approved only if all the following criteria are met:
A.The detailed plan is generally consistent with the concept plan. Minor changes from the concept plan
do not make the detailed plan inconsistent with the concept plan unless:
1.The change increases the residential densities, increases the lot coverage by buildings or reduces
the amount of parking;
2.The change reduces the amount of open space and landscaping;
3.The change involves a change in use;
4.The change commits land to development which is environmentally sensitive or subject to a
potential hazard; and
5.The change involves a major shift in the location of buildings, proposed streets, parking lots,
landscaping or other site improvements.
B.All the provisions of the land division provisions, Chapters 18.420, Partitions, and 18.430,
Subdivisions, shall be met if applicable;
Response: The Detailed Development Plan as shown in Exhibit N is submitted for approval concurrently
with the Concept Development Plan. Both plans are consistent with each other. This development
proposal is for a residential subdivision. Section 18.430 is addressed further in this narrative.
C.Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned
development need not meet these requirements where a development plan provides alternative
designs and methods, if acceptable to the commission that promotes the purpose of this chapter. In
each case, the applicant must provide findings to justify the modification of the standards in the
chapters listed below. The applicant shall respond to all the applicable criteria of each chapter as
part of these findings and clearly identify where their proposal is seeking a modification to the strict
application of the standards. For those chapters not specifically exempted, the applicant bears the
burden of fully complying with those standards, unless a variance or adjustment has been requested.
1.Chapter 18.360, Site Development Review. The provisions of Chapter 18.360, Site Development
Review, are not applicable to planned development reviews. The detailed development plan
review is intended to address the same type of issues as the site developme nt review.
2.Chapter 18.705, Access, Egress and Circulation. The commission may grant an exception to the
access standards, upon a demonstration by a professional engineer that the resulting access will
not be detrimental to the public safety considering emergency vehicle needs, and provisions are
provided for all modes of transportation using the site (vehicles, bicycles, pedestrians, and
transit).
Response: Access standards for the street roadway improvements meet the requirements of Section
18.705 as discussed further by this narrative.
3.Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be
governed by the density established in the underlying zoning district, using the minimum lot size
established for that district. Where a project site encompasses more than one underlying zoning
district, density shall be aggregated for each district, and may be allocated anywhere within the
project site, as deemed appropriate by the commission.
The commission may further authorize a density bonus not to exceed 10% as an incentive to
increase or enhance open space, architectural character and/or site variation incorporated into
the development. These factors must make a substantial contribution to objectives of the
planned development. The degree of distinctiveness and the desirability of variation achieved
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 10
shall govern the amount of density increase which the commission may approve according to the
following:
a.A one percent bonus for each five percent of the gross site area set aside in open space, up to
a maximum of five percent, is allowed for the provision of active use recreational open
space, exclusive of areas contained in floodplain, steep slopes, drainageways, or wetlands
that would otherwise be precluded from development;
b.Up to a maximum of five percent is allowed for the development of pedestrian amenities,
streetscape development, recreation areas, plazas, or other items from the “Planning
Commission’s Toolbox.”
Response: There are two residential zoning districts located upon the subject property and, as provided
for by the provisions of this section, the allowable density for each has been aggregated and allocated
upon proposed development areas the subject property. Due to the presence of sensitive lands, a
planned development utilizing allowable lot sizes and setback flexibility is proposed by this application.
4.Chapter 18.745, Landscaping and Screening. The commission may grant an exception to the
landscape requirements of this title upon a finding that the overall landscape plan was prepared
by a licensed landscape architect, provides for 20% of the net site area to be professionally
landscaped, and meets the intent of the specific standard being modified.
Response: Chapter 18.745 is discussed further in this narrative. The requirements of Chapter 18.745 are
satisfied by this development. No exception is required.
5.Chapter 18.765, Off-Street Parking and Loading Requirements. The commission may grant an
exception to the off-street parking dimensional and minimum number of space requirements in
the applicable zone if:
a.The minimum number of parking spaces is not reduced by more than 10% of the required
parking; and
b.The application is for a use designed for a specific purpose which is intended to be
permanent in nature, e.g., a nursing home, and which has a low demand for off-street
parking; or
c.There is an opportunity for sharing parking and there is written evidence that the property
owners are willing to enter into a legal agreement; or
d.Public transportation is available to the site, and reducing the standards will not adversely
affect adjoining uses; or
e.There is a community interest in the preservation of particular natural features of the site
which make it in the public interest to grant an exception to parking standards.
Response: The required amount of off-street parking for one spot per each residential unit is satisfied by
driveways for each lot. These provisions are satisfied.
6.Chapter 18.780, Signs. The commission may grant an exception to the sign dimensional
requirements in the applicable zone if:
a.The sign is not increased by more than 10% of the required applicable dimensional standard
for signs; and
b.The exception is necessary for adequate visibility of the sign on the property; and
c.The sign will be compatible with the overall site plan, the structural improvements and with
the structures and uses on adjoining properties.
7.Chapter 18.795, Visual Clearance Areas. The commission may grant an exception to the visual
clearance requirements, when adequate sight distance is or can be met;
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 11
Response: Visual Clearance areas are met at the intersections and shown on the site plan by the
Detailed Development Plan in Exhibit N. These provisions are satisfied.
8.Chapter 18.810, Street and Utility Improvements, Sections 18.810.040, Blocks, and 18.810.060,
Lots. Deviations from street standards shall be made on a limited basis, and nothing in this
section shall obligate the city engineer to grant an exception. The commission has the authority
to reject an exception request. The commission can only grant an exception to street sanctions if
it is sanctioned by the city engineer. The city engineer may determine that certain exceptions to
the street and utility standards are permissible when it can be shown that:
a.Public safety will not be compromised; and
b.In the case of public streets, maintenance costs will not be greater than with a conforming
design; and
c.The design will improve stormwater conveyance either by reducing the rate or amount of
runoff from present standards or increasing the amount of pollutant treatment.
Response: The layout of the subdivision complies with Sections 18.810.040 and 18.810.060. This
provision is satisfied.
D.In addition, the following criteria shall be met:
1.Relationship to the natural and physical environment:
a.The streets, buildings and other site elements shall be designed and located to preserve the
existing trees, topography and natural drainage to the greatest degree possible. The
commission may require the applicant to provide an alternate site plan to demonstrate
compliance with this criterion;
Response: The site layout was designed around the existing topography and wetlands to minimize the
impact of the development. The natural drainage patterns on the subject property are maintained. This
provision is satisfied.
b.Structures located on the site shall not be in areas subject to ground slumping and sliding as
demonstrated by the inclusion of a specific geotechnical evaluation; and
Response: A Geotechnical Report is included in Exhibit H. The final grading plan for the project will
ensure that each lot will permit the construction of homes upon stable ground. This provision is
satisfied.
c.Using the basic site analysis information from the concept plan submittal, the structures
shall be oriented with consideration for the sun and wind directions, where possible.
Response: The site layout was designed around the existing topography and wetlands to minimize the
impact of the development. 70% of the proposed lots run north to south with front and rear yard
setbacks providing ample distance between homes for solar access. Of the 40 lots in the subdivision,
only 12 lots will have side lots with limited solar access to the south due to their east/west orientation.
2.Buffering, screening and compatibility between adjoining uses:
a.Buffering shall be provided between different types of land uses; e.g., between single-family
and multifamily residential, and residential and commercial uses;
b.In addition to the requirements of the buffer matrix (Table 18.745.1), the requirements of the
buffer may be reduced if a landscape plan prepared by a registered landscape architect is
submitted that attains the same level of buffering and screening with alternate materials or
methods. The following factors shall be considered in determining the adequacy and extent
of the buffer required under Chapter 18.745:
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 12
i.The purpose of the buffer, for example to decrease noise levels, absorb air pollution,
filter dust, or to provide a visual barrier;
ii.The size of the buffer needs in terms of width and height to achieve the purpose;
iii.The direction(s) from which buffering is needed;
iv.The required density of the buffering; and
v.Whether the viewer is stationary or mobile.
c.On-site screening from view fr om adjoining properties of such activities as service areas,
storage areas, parking lots and mechanical devices on roof tops shall be provided and the
following factors shall be considered in determining the adequacy of the type and extent of
the screening:
i.What needs to be screened;
ii.The direction from which it is needed; and
iii.Whether the screening needs to be year -round.
Response: The subject property abuts a multifamily apartment complex to the north. This is the only
area of the development which will require buffering. A 10-foot buffer is provided by the rear yard
setbacks on Lots 35 - 40. These provisions are satisfied.
3.Privacy and noise. Nonresidential structures which abut existing residential dwellings shall be
located on the site or be designed in a manner, to the maximum degree possible, to protect the
private areas on the adjoining properties from view and noise;
4.Exterior elevations—Single-family attached and multiple-family structures. Along the vertical
face of single-family attached and multiple-family structures, offsets shall occur at a minimum of
every 30 feet by providing any two of the following:
a.Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet;
b.Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a
maximum length of an overhang shall be 25 feet; and
c.Offsets or breaks in roof elevations of three or more feet in height.
Response: The proposed development will only include single family detached dwelling units. These
provisions are not applicable.
5.Private outdoor area—Residential use:
a.Exclusive of any other required open space facility, each ground-level residential dwelling
unit shall have an outdoor private area (patio, terrace, or porch) of not less than 48 square
feet with a minimum width dimension of four feet;
b.Wherever possible, private outdoor open spaces should be oriented toward the sun; and
c.Private outdoor spaces shall be screened or designed to provide privacy for the use of the
space.
Response: The yards, building envelopes and layout of the lots will permit the construction of outdoor
private areas for each lot that meet the 48 S.F. requirements. The construction of required spaces can
be made as a condition of approval for building permits for the individual homes to ensure compliance
with this section. These provisions are satisfied.
6.Shared outdoor recreation and open space facility areas —Residential use:
a.Exclusive of any other required open space facilities, each residential dwelling development
shall incorporate shared usable outdoor recreation areas within the development plan as
follows:
i.Studio units up to and including two bedroom units, 200 square feet per unit;
ii.Three or more bedroom units, 300 square feet per unit.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 13
b.Shared outdoor recreation space shall be readily observable from adjacent units for reasons
of crime prevention and safety;
c.The required recreation space may be provided as follows:
i.Additional outdoor passive use open space facilities;
ii.Additional outdoor active use open space facilities;
iii.Indoor recreation center; or
iv.A combination of the above.
Response: Open space tracts, Tract A and Tract D, meet the definition of passive use facilities and
consist of 468,270 sq. ft. Tract A and Tract D satisfy the requirements for additional outdoor passive use
open space. Tract A and Tract D will be considered for dedication to the City for improvements to be
cooperatively planned by the City Parks Department and Clean Water Services watershed program.
These provisions are satisfied.
7.Access and circulation:
a.The number of required access points for a development shall be provided in Chapter 18.705;
b. All circulation patterns within a development must be designed to accommodate
emergency and service vehicles; and
Response: On the western end of the subject property, a new private street accesses 79th Ave. and
terminates in a hammerhead configuration. The existing wetlands prevent the continuation of this
street. The northern end of the development continues the street pattern network with the extension of
SW Hansen Ln. and SW 78th Ave. to SW 76th Ave. These provisions are satisfied.
b.Provisions shall be made for pedestrian and bicycle ways abutting and through a site if such
facilities are shown on an adopted plan or terminate at the boundaries of the project site.
Response: New streets shall be built to City standards with the construction of sidewalks. SW 79th Ave.
is designated on the City’s 2035 Transportation System Plan for future pedestrian improvements,
including sidewalks and bicycle improvements. Improvements to SW 79th Ave. will consist of half street
improvements along the subject property’s frontage to bring the roadway to City standards. The
roadway will be widened to provide pavement 16 feet from the centerline, curb and gutter, a 5 foot
planting strip with street trees, and a 5 foot sidewalk. These provisions are satisfied.
8.Landscaping and open space—Residential development. In addition to the buffering and
screening requirements of paragraph 2 of this subsection D, and any minimal use open space
facilities, a minimum of 20% of the site shall be landscaped. This may be accomplished in
improved open space tracts, or with landscaping on individual lots provided the developer
includes a landscape plan, prepared or approved by a licensed landscape architect, and surety
for such landscape installation.
Response: The 2 multi use storm water facilities, Tract B and Tract C, consist of 21,661 sq. ft. of
landscaping. Tract A and Tract D, totaling 468,270 sq. ft., meets the definition of a passive use facility,
and will be considered for dedication to the City for improvements to be cooperatively planned by the
City Parks Department and Clean Water Services watershed program. Combined, these areas will
constitute up to 67 percent of the gross site area for landscaping. These provisions are satisfied.
9.Public transit:
a.Provisions for public transit may be required where the site abuts or is within a quarter mile
of a public transit route. The required facilities shall be based on:
i.The location of other transit facilities in the area; and
ii.The size and type of the proposed development.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 14
b.The required facilities may include but are not necessarily limited to such facilities as:
i.A waiting shelter;
ii.A turn-out area for loading and unloading; and
iii.Hard surface paths connecting the development to the waiting area.
c.If provision of such public transit facilities on or near the site is not feasible, the developer
may contribute to a fund for public transit improvements provided the Commission
establishes a direct relationship and rough proportionality between the impact of the
development and the requirement.
Response: The subject property is not within a quarter mile of any public transit route. These provisions
are not applicable.
10.Parking:
a.All parking and loading areas shall be generally laid out in accordance with the requirements
set forth in Chapter 18.765;
b.Up to 50% of required off-street parking spaces for single-family attached dwellings may be
provided on one or more common parking lots within the planned development as long as
each single-family lot contains one off-street parking space.
Response: Parking requirements for the development are met with the driveways of each lot providing
at least one off street parking space. These provisions are satisfied.
11.Drainage. All drainage provisions shall be general ly laid out in accordance with the requirements
set forth in Chapter 18.810. An applicant may propose an alternate means for stormwater
conveyance on the basis that a reduction of stormwater runoff or an increase in the level of
treatment will result from the use of such means as green streets, porous concrete, or eco roofs.
Response: A Stormwater Report is provided in G. As shown in the preliminary Detailed Development
Plan Set in Exhibit N, the stormwater for the development is conveyed to and treated in the stormwater
facilities prior to entering the drainage areas of Fanno Creek. This provisions is satisfied.
12.Floodplain dedication. Where landfill and/or development are allowed within or adjacent to the
100-year floodplain, the city shall require consideration of the dedication of sufficient open land
area for a greenway adjoining and within the floodplain. This area shall include portions of a
suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in
accordance with the adopted pedestrian bicycle pathway plan.
Response: Tract A and Tract D include sensitive lands on the subject property consisting of the 100-year
floodplain, wetlands, the Clean Water Services vegetative corridor, and other sensitive lands associated
with Fanno Creek. 10.75 acres are set aside in Tract A and Tract D as open space for the preservation of
the land. The tracts will be considered for dedication to the City for improvements to be cooperatively
planned by the City Parks Department and Clean Water Services watershed program. These provisions
are satisfied.
13.Shared open space facilities. These requirements are applicable to residential planned
developments only. The detailed development plan shall designate a minimum of 20% of the
gross site area as a shared open space facility. The open space facility may be comprised of any
combination of the following:
a.Minimal use facilities. Up to 75% of the open space requirement may be satisfied by
reserving areas for minimal use. Typically these areas are designated around sensitive lands
(steep slopes, wetlands, streams, or 100-year floodplain).
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 15
b.Passive use facilities. Up to 100% of the open space requirement may be satisfied by
providing a detailed development plan for improvements (including landscaping, irrigation,
pathway and other structural improvements) for passive recreational use.
c.Active use facilities. Up to 100% of the open space requirement may be satisfied by providing
a detailed development plan for improvements (including landscaping, irrigation, pathway
and other structural improvements) for active recreational use.
d.The open space area shall be shown on the final plan and recorded on the final plat or
covenants.
Response: A large portion of the gross development subject property includes lands with sensitive areas
as shown by the Detailed Development Plan in Exhibit N, and the Wetlands Delineation Report in Exhibit
P. The total gross square footage for the subject property is 729,338 S.F. The 20 percent requirement for
open space is 145,867 S.F. Tract A and Tract D, passive use facilities totaling 468,270 S.F., satisfies this
requirement.
14.Open space conveyance: Where a proposed park, playground or other public use shown in a plan
adopted by the city is located in whole or in part in a subdivision, the commission may require
the dedication or reservation of such area within the subdivision, provided that the reservation
or dedication is roughly proportional to the impact of the subdivision on the park system.
Where considered desirable by the commission in accordance with adopted comprehensive plan
policies, and where a development plan of the city does not indicate proposed public use areas,
the commission may require the dedication or reservation of areas within the subdivision or sites
of a character, extent and location suitable for the developme nt of parks or other public use,
provided that the reservation or dedication is roughly proportional to the impact of the
subdivision on the park system. The open space shall be conveyed in accordance with one of the
following methods:
a.Public ownership. Open space proposed for dedication to the city must be acceptable to it
with regard to the size, shape, location, improvement and budgetary and maintenance
limitations. A determination of city acceptance shall be made in writing by the parks &
facilities division manager prior to final approval. Dedications of open space may be eligible
for systems development charge credits, usable only for the proposed development. If
deemed to be not acceptable, the open space shall be in private ownership as described
below.
b.Private ownership. By conveying title (including beneficial ownership) to a corporation, home
association or other legal entity, and granting a conservation easement to the city in a form
acceptable by the city. The terms of the conservation easement must include provisions for
the following:
i.The continued use of such land for the intended purposes;
ii.Continuity of property maintenance;
iii.When appropriate, the availability of funds required for such maintenance;
iv.Adequate insurance protection; and
v.Recovery for loss sustained by casualty and condemnation or otherwise. (Ord. 09-13;
Ord. 06-16) ■
Response: The City Parks Department has made a request to have the open space areas, Tract A and
Tract D, considered for future dedication to the City.
CHAPTER 18.430: SUBDIVISIONS
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 16
18.430.020 General Provisions
A. Approval through two-step process. An application for a subdivision shall be processed through a
two-step process: the preliminary plat and the final plat.
1. The preliminary plat shall be approved by the Approval Authority before the final plat can be
submitted for approval consideration; and
2. The final plat shall reflect all conditions of approval of the preliminary plat.
Response: This is a request for preliminary plat approval.
B. Compliance with ORS Chapter 92. All subdivision proposals shall be in conformity with all state
regulations set forth in ORS Chapter 92, Subdivisions and Partitions.
Response: The materials submitted by the Applicant demonstrate compliance with ORS C hapter 92, as
well as City of Tigard approval standards. This provision is satisfied.
C. Future re-division. When subdividing tracts into large lots, the Approval Authority shall require
that the lots be of such size and shape as to facilitate future re-division in accordance with the
requirements of the zoning district and this title.
Response: This provision is not applicable because no lots large enough to allow re-division are
proposed.
D. Lot averaging, Lot size may be averaged to allow lots less than the minimum lot size allowed in
the underlying zoning district as long as the average lot area for all lots is not less than allowed
by the underlying zoning district. No lot created under this provision shall be less than 80% of the
minimum lot size allowed in the underlying zoning district.
Response: The proposal is for a Planned Development which supersedes this requirement. The
perimeter lots of the subdivision all meet the 80 percent requirement of the applicable base zones. The
interior lots are exempt from the minimum lot sizes. This provision is satisfied.
E. Temporary sales office. Temporary sales offices in conjunction with any subdivision may be
granted as set forth in Chapter 18.785, Temporary Uses.
Response: This provision is not applicable because a temporary sales office request is not included as
part of this proposal.
F. Minimize flood damage. All subdivision proposals shall be consistent with the need to minimize
flood damage.
Response: A Wetlands Delineation Report is included with this application in Exhibit P. A Wetland
Mitigation Report was conducted on the subject property and submitted to Clean Water Services, it is
provided with the CWS Service Provider Letter in Exhibit D. Tract A and Tract D contain the lands within
the 100-yr flood plain and vegetative corridors associated with Fanno Creek which will be preserved as
open space and considered for future dedication to the City. The site layout is designed to minimize the
impact the natural topography and keep development out of the flood plain.
G. Floodplain dedications. Where land filling and/or development is allowed within and adjacent to
the 100-year floodplain outside the zero-foot rise floodway, the City shall require consideration
of the dedication of sufficient open land area for a greenway adjoining and within the floodplain.
This area shall include portions at a suitable elevation for the construction of a
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 17
pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian
bicycle pathway plan.
Response: The open space areas, Tract A and Tract D, will be considered for future dedication to the City
to allow the potential development of a recreational path.
H. Need for adequate utilities. All subdivision proposals shall have public utilities and facilities such
as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
Response: The proposed development includes installation of public utilities and facilities to serve all of
the proposed lots and shall be designed and located to minimize flood damage.
I. Need for adequate drainage. All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage; and
Response: The Applicant has provided a stormwater report and calculations in Exhibit G to demonstrate
that the proposed storm water treatment and conveyance facilities will satisfy City of Tigard design
requirements to reduce the exposure of flood damage.
J. Determination of base flood elevation. Where base flood elevation has not been provided or is
not available from another authoritative source, it shall be generated for subdivision proposals
and other proposed developments which contain at least 50 lots or five acres (whichever is less).
Response: The Detailed Development Plan Set in Exhibit N, and the Wetlands Delineation Report in
Exhibit P identify the location of the base flood elevation. This provision is satisfied.
18.430.030 Approval Process
A. Review of preliminary plat. Review of a preliminary plat for subdivision shall be processed by
means of a Type II procedure, as governed by Chapter 18.390, using approval criteria contained
in Section 18.430.040. An application for subdivision may also be reviewed concurrently with an
application for a planned development, as governed by Chapter 18.350.
Response: This is a request for Type III review of a preliminary plat for a subdivision and planned
development along with a Sensitive Lands Review for areas outside of Tract A and Tract D with slopes
exceeding 25%.
B. Review of final plat. Review of a final plat for subdivision shall be processed by means of a Type I
procedure, as governed by Chapter 18.390, using approval criteria contained in Section
18.430.070.
Response: The Applicant will submit a request for final plat approval following approval of the current
request.
C. Approval period. Preliminary plat approval by the Approval Authority shall be effective for a
period of 1-1/2 years from the date of approval. The preliminary plat shall lapse if:
1. A final plat has not been submitted within a 1-1/2 year period; or
2. The final plat does not conform to the preliminary plat as approved or approved with
conditions.
D. Extension. [detailed provisions omitted for brevity]
E. Phased development. [detailed provisions omitted for brevity]
Response: These provisions provide procedural guidance and require no evidence or other responses
from the Applicant. This proposal does not include a request for extension or phased development
approval.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 18
18.430.040 Approval Criteria: Preliminary Plat
A. Approval criteria. The Approval Authority may approve, approve with conditions or deny a
preliminary plat based on the following approval criteria:
1. The proposed preliminary plat complies with the applicable zoning ordinance and other
applicable ordinances and regulations;
Response: Applicable sections of the Tigard Development Code (and other related regulations where
appropriate) are quoted and addressed in numerical order below. Based on the evidence and findings
provided by the Applicant, this criterion is satisfied.
2. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS
Chapter 92;
Response: The Applicant has obtained approval of the proposed plat name, “Elderberry Ridge” from the
Washington County Surveyor’s Office. This provision is satisfied.
3. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of
major partitions already approved for adjoining property as to width, general direction and
in all other respects unless the City determines it is in the public interest to modify the street
or road pattern; [and]
Response: The proposed development will include street improvements to SW 79th Ave along the
frontage of the subject property to meet the applicable Public Works design standard. This provision is
satisfied.
4. An explanation has been provided for all common improvements.
Response: In addition to street improvements, the proposed project will extend City services (water and
sanitary sewer) to the proposed lots; will provide franchise utility services such as electrical, natural gas,
telephone and cable television to all the lots; and will include the construction of two storm water
quality treatment and conveyance facilities, which will accept runoff from roofs and paved surfaces,
including driveways, and streets. This criterion is met.
B. Conditions of approval. The Approval Authority may attach such conditions as are necessary to
carry out the comprehensive plan and other applicable ordinances and regulations and may
require reserve strips be granted to the City for the purpose of controlling access to adjoining
undeveloped properties.
Response: The Applicant acknowledges the City’s authority to impose approval conditions where
appropriate to assure compliance with applicable standards in the final plat and construction phases of
the development process.
18.430.050 Submission Requirements: Preliminary Plat
A. General submission requirements. The applicant shall submit an application containing all of the
general information required for a Type II procedure, as governed by Chapter 18.390.
B. Additional information. In addition to the general information described in Subsection A above,
the preliminary plat shall contain specific information, the detailed content of which can be
obtained from the Director.
Response: As noted above, the application has been prepared using forms and guidance information
provided by City of Tigard staff. This provision is satisfied.
18.430.060 Adjustments Authorized
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 19
A. Granting of adjustments. Adjustments to the subdivision regulations prescribed by this title may
be authorized by the Director, and application shall be made with a preliminary plat application
in accordance with Section 18.430.050. Criteria for granting such adjustments are contained in
Section 18.370.020.C.1.
Response: This request includes adjustments to the base zoning setbacks as permitted within the
planned development Section 18.350.060.C.4 . Refer to Table 1 of this narrative under Section
18.510.050, which shows setbacks on a per lot basis.
CHAPTER 18.510: RESIDENTIAL ZONING DISTRICTS
18.510.020 List of Zoning Districts
D. R-4.5: low-density residential district. The R-4.5 zoning district is designed to accommodate
detached single-family homes with or without accessory residential units at a minimum lot size
of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally.
Some civic and institutional uses are also permitted conditionally.
E.R-7: medium-density residential district. The R-7 zoning district is designed to accommodate
attached single-family homes, detached single-family homes with or without accessory
residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size
of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some
civic and institutional uses are also permitted conditionally.
18.510.030 Uses
[detailed provisions omitted for brevity]
Response: The proposed lots are specifically designed for Household Living in Detached Single Units,
both of which are permitted uses according to Table 18.510.1, Use Table. This provision is satisfied.
18.510.040 Minimum and Maximum Densities
A.Purpose. The purpose of this section is to establish minimum and maximum densities in each
residential zoning district. To ensure the quality and density of development envisioned, the
maximum density establishes the ceiling for development in each zoning district based on
minimum lot size. To ensure that property develops at or near the density envisioned for the
zone, the minimum density for each zoning district has been established at 80% of maximum
density.
B.Calculating minimum and maximum densities. The calculation of minimum and maximum
densities is governed by the formulas in Chapter 18.715, Density Computations.
C.Adjustments. Applicants may request an adjustment when, because of the size of the site or
other constraint, it is not possible to accommodate the proportional minimum density as
required by 18.715.020.C and still comply with all of the development standards in the
underlying zoning district, as contained in Table 18.510.2 below. Such an adjustment may be
granted by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria
in 18.370.020.C.2.
18.715.020 Density Calculation
A.Definition of net development area . Net development area, in acres, shall be determined by
subtracting the following land area(s) from the gross acres, which is all of the land included in
the legal description of the property to be developed:
1.All sensitive land areas:
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 20
a.Land within the 100-year floodplain,
b.Land or slopes exceeding 25%,
c.Drainage ways, and
d.Wetlands,
e.Optional: Significant habitat areas, as designated on the City of Tigard “Significant
Habitat Areas Map”;
2.All land dedicated to the public for park purposes;
3.All land dedicated for public rights-of-way. When actual information is not available, the
following formulas may be used:
a.Single-family development: allocate 20% of gross acreage,
b.Multifamily development: allocate 15% of gross acreage or deduct the actual private
drive area;
4.All land proposed for private streets; and
5.A lot of at least the size required by the applicable base zoning district, if an existing dwelling
is to remain on the site.
B.Calculating maximum number of residential units. To calculate the maximum number of
residential units per net acre, divide the number of square feet in the net acres by the minimum
number of square feet required for each lot in the applicable zoning district.
C.Calculating minimum number of residential units. As required by Section 18.510.040, the
minimum number of residential units per net acre shall be calculated by multiplying the
maximum number of units determined in Subsection B above by 80% (0.8). (Ord. 09-13)
Response: The Applicant has provided detailed residential density calculations in Exhibit J. There are 35
maximum allowable units in the net developable area. Due to site constraints the applicant will utilize
the provisions of 18.715.030 regarding residential density transfer. Please see applicant’s response to
18.715.030 and Exhibit J for density calculations.
18.715.030 Residential Density Transfer
A.Rules governing residential density transfer.
1.The units per acre calculated by subtracting land areas listed in 18.715.020.A.1.a—c from
the gross acres may be transferred to the remaining buildable land areas subject to the
following limitations:
a.The number of units which can be transferred is limited to the number of units which
would have been allowed on 25% of the unbuildable area if not for these regulations;
and
b.The total number of units per site does not exceed 125% of the maximum number of
units per gross acre permitted for the applicable comprehensive plan designation.
2.Wetlands. Units per acre calculated by subtracting land areas listed in 18.715.020.A.1.d from
the gross acres may be transferred to the remaining buildable land areas on land zoned R-
12, R-25, and R-40 subject to the following limitations:
a.The number of units which can be transferred is limited to the number of units which
would have been allowed on the wetland area, if not for these regulations;
b.The total number of units per site does not exceed the maximum number of units per
gross acre permitted for the applicable comprehensive plan designation.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 21
B.Underlying development standards. All density transfer development proposals shall comply with
the development standards of the applicable underlying zoning district unless developed under
the provisions of Chapter 18.350, Planned Development. (Ord. 09-13; Ord. 06-20)
Response: Due to the site constraints, the applicant will utilize the residential density transfer option.
The maximum allowable number of units in the net developable area is 35.53 units. The applicant will
utilize the residential density transfer option to transfer 4.47 units. Therefore, the maximum allowable
density is 40 units and the minimum allowable density is 32 units. The proposed 40 lots satisfy these
requirements. Please see Exhibit J for detailed density calculations.
18.510.050 Development Standards
A. Compliance required. All development must comply with:
1. All of the applicable development standards contained in the underlying zoning district,
except where the applicant has obtained variances or adjustments in accordance with
Chapters 18.370;
2. All other applicable standards and requirements contained in this title.
B. Development standards. Development standards in residential zoning districts are contained in
Table 18.510.2.
TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
(R-4.5 Zone Excerpt)
STANDARD R-4.5 R-7
Minimum Lot Size
- Detached unit
- Duplexes
- Attached Unit
7,500 sq. ft.
10,000 sq.ft.
5,000 sq. ft.
10,000 sq.ft.
5,000 sq.ft.
Average Minimum Lot Width
- Detached unit lots
- Duplex lots
- Attached unit lots
50 ft.
90 ft.
50 ft.
50 ft.
40 ft.
Maximum Lot Coverage - 80%
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.
15 ft.
10 ft.
5 ft.
15 ft.
30 ft.
20 ft.
Maximum Height 30 ft. 35 ft.
Minimum Landscape Requirement - 20%
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 22
Response: The Detailed Development Plan in Exhibit N provides dimensions for all lot boundaries as well
as lot square footage area calculations. The planned development code 18.350.060.C. allows
modifications to the base zone standards as stated earlier in this narrative. Lot dimensional standards in
a PD do not apply to interior lots of the development. Perimeter lots must meet 80% of the base zones
required lot size. Perimeter lots in the R-4.5 zone are larger than 6,000 sq. ft. which is 80% of the 7,500
sq. ft. required. Perimeter lots in the R-7 zone are larger than 4,000 sq. ft. which is 80% of the 5,000 sq.
ft. required.
18.350.060.C.4 allows modifications to setbacks for the interior lots as long as the structures meet the
Uniformed Building and Fire Code requirements and have a minimum front yard setback of 20 feet for
garage structures. All the perimeter lots meet the base zoning setback standards. The majority of the
interior lots also meet the base zoning standards. Shown below in Table 1 are the setbacks for the
development on a per lot basis.
Table 1 Individual Lot Setbacks
Lot Area
(S.F.)
Lot
Width
(ft.)
Street
Frontage
(ft.)
Lot
Depth
(ft.)
Front
Setback
(ft.)
Rear
Setback
(ft.)
Side Yard
Setback
(ft.)
Maximum
Building
Height (ft.)
R-4.5 N/A N/A 25.0 N/A 20.0 15.0 5.0 30.0
Lot 1 6,509.0* 50.0 49.0 139.0 20.0 15.0 5.0 30.0
Lot 2 4,561.0 45.0 45.0 110.0 20.0 15.0 5.0 30.0
Lot 3 4,275.0 45.0 45.0 95.0 20.0 15.0 5.0 30.0
Lot 4 4,275.0 45.0 45.0 95.0 20.0 15.0 5.0 30.0
Lot 5 3,895.0 41.0 41.0 95.0 20.0 15.0 5.0 30.0
Lot 6 4,244.0 45.0 45.0 95.0 20.0 15.0 5.0 30.0
Lot 7 7,680.0* 60.0 141.0 130.0 20.0 15.0 15.0 30.0
Lot 8 7,136.0* 55.0 185.0 130.0 20.0 15.0 15.0 30.0
Lot 9 7,783.0* 63.0 141.0 130.0 20.0 15.0 15.0 30.0
Lot 10 7,147.0* 55.0 185.0 130.0 20.0 15.0 15.0 30.0
*Perimeter lot greater than 6,000 S.F. (80% of minimum lot size of 7,500 S.F. in base zone)
Lot Area
(S.F.)
Lot
Width
(ft.)
Street
Frontage
(ft.)
Lot
Depth
(ft.)
Front
Setback
(ft.)
Rear
Setback
(ft.)
Side Yard
Setback
(ft.)
Maximum
Building
Height (ft.)
R-7 N/A N/A 25.0 N/A 15.0 15.0 5.0 35.0
Lot 11 5,503.0* 47.0 52.0 120.0 20.0 15.0 5.0 35.0
Lot 12 4,237.0 50.0 50.0 111.0 20.0 15.0 5.0 35.0
Lot 13 5,112.0 50.0 50.0 111.0 20.0 15.0 5.0 35.0
Lot 14 4,814.0 50.0 50.0 96.0 20.0 15.0 5.0 35.0
Lot 15 4,800.0 50.0 50.0 96.0 20.0 15.0 5.0 35.0
Lot 16 5,435.0 45.0 62.0 96.0 20.0 15.0 5.0 35.0
Lot 17 3,943.0 70.0 40.0 84.0 20.0 15.0 5.0 35.0
Lot 18 4,311.0 60.0 65.0 85.0 20.0 15.0 5.0 35.0
Lot 19 4,241.0 47.0 52.0 106.0 20.0 15.0 5.0 35.0
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 23
Lot 20 5,342.* 54.0 56.0 106.0 20.0 15.0 5.0 35.0
Lot 21 6,166.0 45.0 127.0 92.0 20.0 15.0 5.0 35.0
Lot 22 3,995.0 40.0 40.0 92.0 20.0 15.0 5.0 35.0
Lot 23 3,677.0 36.0 36.0 85.0 20.0 15.0 5.0 35.0
Lot 24 3,060.0 36.0 36.0 85.0 20.0 15.0 3.0 35.0
Lot 25 3,060.0 36.0 36.0 85.0 20.0 15.0 3.0 35.0
Lot 26 3,064.0 36.0 36.0 89.0 20.0 15.0 3.0 35.0
Lot 27 3,120.0 65.0 69.0 89.0 20.0 15.0 3.0 35.0
Lot 28 6,329.0* 59.0 59.0 88.0 20.0 15.0 30.0 35.0
Lot 29 5,077.0* 50.0 50.0 88.0 20.0 15.0 5.0 35.0
Lot 30 4,300.0 50.0 50.0 88.0 20.0 15.0 5.0 35.0
Lot 31 4,300.0 50.0 50.0 88.0 20.0 15.0 5.0 35.0
Lot 32 4,300.0 40.0 40.0 92.0 20.0 15.0 5.0 35.0
Lot 33 3,683.0 45.0 127.0 92.0 20.0 15.0 5.0 35.0
Lot 34 4,188.0 53.0 146.0 100.0 20.0 15.0 5.0 35.0
Lot 35 5,237.0* 50.0 50.0 100.0 20.0 15.0 5.0 35.0
Lot 36 5,008.0* 50.0 50.0 100.0 20.0 15.0 5.0 35.0
Lot 37 4,999.0* 50.0 50.0 100.0 20.0 15.0 5.0 35.0
Lot 38 4,991.0* 50.0 50.0 100.0 20.0 15.0 5.0 35.0
Lot 39 4,982.0* 49.0 49.0 100.0 20.0 15.0 5.0 35.0
Lot 40 4,857.0* 49.0 49.0 99.0 20.0 15.0 5.0 35.0
*Perimeter lot greater than 4,000 S.F. (80% of minimum lot size of 5,000 S.F. in base zone)
CHAPTER 18.705: ACCESS, EGRESS AND CIRCULATION
18.705.020 Applicability of Provisions
A. When provisions apply. The provisions of this chapter shall apply to all development including
the construction of new structures, the remodeling of existing structures (see Section
18.360.050), and to a change of use which increases the on-site parking or loading requirements
or which changes the access requirements.
B. Change or enlargement of use. Should the owner or occupant of a lot or building change or
enlarge the use to which the lot or building is put, thereby increasing access and egress
requirements, it is unlawful and is a violation of this title to begin or maintain such altered use
until the provisions of this chapter have been met if required or until the appropriate approval
authority has approved the change.
C. When site design review is not required. Where the provisions of Chapter 18.360, Site
Development Review, do not apply, the Director shall approve, approve with conditions, or deny
an access plan submitted under the provisions of this chapter in conjunction with another permit
or land use action.
D. Conflict with subdivision requirements. The requirements and standards of this chapter shall not
apply where they conflict with the subdivision rules and standards of this title.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 24
18.705.030 General Provisions
A. Continuing obligation of property owner. The provisions and maintenance of access and egress
stipulated in this title are continuing requirements for the use of any structure or parcel of real
property in the City.
B. Access plan requirements. No building or other permit shall be issued until scaled plans are
presented and approved as provided by this chapter that show how access, egress and
circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director
shall provide the applicant with detailed information about this submission requirement.
C. Joint access. Owners of two or more uses, structures, or parcels of land may agree to utilize
jointly the same access and egress when the combined access and egress of both uses,
structures, or parcels of land satisfies the combined requirements as designated in this title,
provided:
1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or
contracts to establish the joint use; and
2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the
City.
D. Public street access. All vehicular access and egress as required in Sections 18.705.030.H and
18.705.030.I shall connect directly with a public or private street approved by the City for public
use and shall be maintained at the required standards on a continuous basis.
Response: Lots 11 thru 40 will have direct access onto new public streets which are an extension of the
existing roadway network. Lots 1 thru 10 will have access to a new private street which accesses SW 79 th
Ave.
E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030.N.
18.810.030 Streets
…
N. Grades and curves.
1. Grades shall not exceed 10% on arterials, 12% on collector streets, or 12% on any other
street (except that local or residential access streets may have segments with grades up
to 15% for distances of no greater than 250 feet); and
2. Centerline radii of curves shall be as determined by the city engineer.
O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair,
bicycle ramps and driveway approaches shall be constructed in accordance with standards
specified in this chapter and Section 15.04.080, and:
1. Concrete curbs and driveway approaches are required; except:
2. Where no sidewalk is planned, an asphalt approach may be constructed with city
engineer approval; and
3. Asphalt and concrete driveway approaches to the property line shall be built to city
configuration standards.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 25
Response: From the context, this cross-reference appears to contain a scrivener’s error: Section
18.810.030.N refers to “Grades and curves,” but Section 18.810.030.O refers to “Curbs, curb cuts,
ramps, and driveway approaches.” In either case, the slope of the streets are less than twelve percent,
and all sidewalks and driveway aprons will be constructed to meet applicable public works standards,
including structural capacity to accommodate emergency and service vehicles where appropriate. These
standards are met.
F. Required walkway location. On-site pedestrian walkways shall comply with the following
standards:
1. Walkways shall extend from the ground floor entrances or from the ground floor landing of
stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets
which provide the required access and egress. Walkways shall provide convenient
connections between buildings in multi-building commercial, institutional, and industrial
complexes. Unless impractical, walkways shall be constructed between new and existing
developments and neighboring developments;
2. Within all attached housing (except two-family dwellings) and multi-family developments,
each residential dwelling shall be connected by walkway to the vehicular parking area, and
common open space and recreation facilities;
3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings
shall be designed and located for pedestrian safety. Required walkways shall be physically
separated from motor vehicle traffic and parking by either a minimum six -inch vertical
separation (curbed) or a minimum three-foot horizontal separation, except that pedestrian
crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate
landscaping, pavement markings, or contrasting pavement materials are used. Walkways
shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions
such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with
ADA standards;
4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt,
stone, brick, other pervious paving surfaces, etc. Any pervious paving surface must be
designed and maintained to remain well-drained. Walkways may be required to be lighted
and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be
provided only if such pathways are provided in addition to required pathways.
Response: Sidewalks will be designed and built to City public works standards for the new public streets,
private street, and ROW improvements on SW 79th Ave.
G. Inadequate or hazardous access.
1. Applications for building permits shall be referred to the Commission for review when, in the
opinion of the Director, the access proposed:
a. Would cause or increase existing hazardous traffic conditions; or
b. Would provide inadequate access for emergency vehicles; or
c. Would in any other way cause hazardous conditions to exist which would constitute a
clear and present danger to the public health, safety, and general welfare.
2. Direct individual access to arterial or collector streets from single-family dwellings and
duplex lots shall be discouraged. Direct access to collector or arterial streets shall be
considered only if there is no practical alternative way to access the site. If direct access is
permitted by the City, the applicant will be required to mitigate for any safety or
neighborhood traffic management (NTM) impacts deemed applicable by the City Engineer.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 26
This may include, but will not be limited to, the construction of a vehicle turnaround on the
site to eliminate the need for a vehicle to back out onto the roadway.
3. In no case shall the design of the service drive or drives require or facilitate the backward
movement or other maneuvering of a vehicle within a street, other than an alley. Single-
family and duplex dwellings are exempt from this requirement.
Response: All access to the proposed development is from designated local streets. The configuration is
designed to accommodate turn-around requirements of the TVF&R. Due to the street and access design
proposed there will be no inadequate or hazardous access or vehicle movement patterns. These
provisions are satisfied.
H. Access management.
1. An access report shall be submitted with all new development proposals which verifies
design of driveways and streets are safe by meeting adequate stacking needs, sight distance
and deceleration standards as set by ODOT, Washington County, the City and AASHTO
(depending on jurisdiction of facility.)
2. Driveways shall not be permitted to be placed in the influence area of collector or arterial
street intersections. Influence area of intersections is that area where queues of traffic
commonly form on approach to an intersection. The minimum driveway setback from a
collector or arterial street intersection shall be 150 feet, measured from the right-of-way line
of the intersecting street to the throat of the proposed driveway. The setback may be greater
depending upon the influence area, as determined from City Engineer review of a traffic
impact report submitted by the applicant’s traffic engineer. In a case where a project has less
than 150 feet of street frontage, the applicant must explore any option for shared access
with the adjacent parcel. If shared access is not possible or practical, the driveway shall be
placed as far from the intersection as possible.
3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The
minimum spacing of driveways and streets along an arterial shall be 600 feet.
4. The minimum spacing of local streets along a local street shall be 125 feet.
Response: The new private street which will intersect onto SW 79th Ave will be greater than 125 feet. A
Traffic Analysis was conducted and is provided in Exhibit O. These provisions are satisfied.
I. Minimum access requirements for residential use.
1. Vehicular access and egress for single-family, duplex or attached single-family dwelling units
on individual lots and multifamily residential uses shall not be less than as provided in Tables
18.705.1 and 18.705.2;
TABLE 18.705.1
VEHICULAR ACCESS/EGRESS REQUIREMENTS:
RESIDENTIAL USE (SIX OR FEWER UNITS)
Number Dwelling
Unit/Lots
Minimum Number of
Driveways Required
Minimum
Access Width
Minimum
Pavement Width
1 or 2 1 15 10
TABLE 18.705.2
VEHICULAR ACCESS/EGRESS REQUIREMENTS:
MULTIFAMILY RESIDENTIAL USE
[not applicable – no multifamily development is proposed]
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 27
Response: Every proposed lot has its own driveway access onto a local street. The standard in Table
18.705.1 is satisfied. Table 18.705.2 is not applicable because no multifamily development is proposed.
2. Vehicular access to multifamily structures shall be brought to within 50 feet of the ground floor
entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling
units;
Response: This provision is not applicable because no multifamily structures are proposed.
3. Private residential access drives shall be provided and maintained in accordance with the
provisions of the Uniform Fire Code;
Response: New streets will provide access to all the lots in the development. New streets are designed
to meet the provisions of the Uniform Fire Code, providing sufficient area to accommodate two-way
circulation. Final construction design and maintenance requirements can be assured through
appropriate conditions of approval. This provision is satisfied.
4. Access drives in excess of 150 feet in length shall be provided with approved provisions for the
turning around of fire apparatus by one of the following:
a. A circular, paved surface having a minimum turn radius measured from center point to
outside edge of 35 feet;
b. A hammerhead-configured, paved surface with each leg of the hammerhead having a
minimum depth of 40 feet and a minimum width of 20 feet;
c. The maximum cross slope of a required turnaround is five percent.
Response: The private street has a hammerhead-configuration with a depth of 153.5 feet and width of
29 feet. These provisions are satisfied.
5. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at
least 30 feet), may be required so as to reduce the need for excessive vehicular backing
motions in situations where two vehicles traveling in opposite directions meet on driveways
in excess of 200 feet in length;
6. Where permitted, minimum width for driveway approaches to arterials or collector streets
shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for
traffic exiting the site.
Response: These provisions are not applicable because no proposed driveway exceeds 200 feet in
length, and no driveway takes access on an arterial or collector street.
CHAPTER 18.725: ENVIRONMENTAL PERFORMANCE STANDARDS
18.725.020 General Provisions
A. Compliance with applicable state and federal regulations. In addition to the regulations adopted
in this chapter, each use, activity or operation within the City of Tigard shall comply with the
applicable state and federal standards pertaining to noise, odor and discharge of matter into the
atmosphere, ground, sewer system or stream. Regulations adopted by the State Environmental
Quality Commission pertaining to non-point source pollution control and contained in the
Oregon Administrative Rules shall by this reference be made a part of this chapter.
B. Evidence of compliance. Prior to issuance of a building permit, the director may require
submission of evidence demonstrating compliance with state, federal and local environmental
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 28
regulations and receipt of necessary permits; these include Air Contaminant Discharge Permits
(ACDP) or Indirect Source Construction Permits (ISCP).
C. Continuing obligation. Compliance with state, federal and local environmental regulations is the
continuing obligation of the property owner and operator.
Response: The Applicant recognizes that compliance with all applicable permitting and performance
requirements of federal, state and local jurisdictions is required. No exemption from such requirements
is being sought in connection with this land use request. Compliance can be assured through
appropriate conditions of approval.
18.725.030 Performance Standards
A. Noise. For the purposes of noise regulation, the provisions of Sections 6.02.410 through 6.02.470
of the Tigard Municipal Code shall apply.
B. Visible emissions. Within the commercial zoning districts and the industrial park (IP) zoning
district, there shall be no use, operation or activity which results in a stack or other point- source
emission, other than an emission from space heating, or the emission of pure uncombined water
(steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules
for visible emissions (340 -21-015 and 340-28-070) apply.
C. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is
permitted in any given zoning district which is discernible without instruments at the property
line of the use concerned.
D. Odors. The emission of odorous gases or other matter in such quantities as to be readily
detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ
rules for odors (340-028-090) apply.
E. Glare and heat. No direct or sky-reflected glare, whether from floodlights or from high
temperature processes such as combustion or welding, which is visible at the lot line shall be
permitted; and
1. There shall be no emission or transmission of heat or heated air which is discernible at the lot
line of the source, and
2. These regulations shall not apply to signs or floodlights in parking areas or construction
equipment at the time of construction or excavation work otherwise permitted by this title.
F. Insects and rodents. All materials including wastes shall be stored and all grounds shall be
maintained in a manner which will not attract or aid the propagation of insects or rodents or
create a health hazard. (Ord. 12-02 §3)
Response: The proposed development consists of 40 lots for single-family detached residential
construction, which is consistent with City of Tigard zoning and characteristic of the surrounding
neighborhood area. There is no evidence to suggest that the proposed development will cause a
violation of any applicable environmental performance requirements, and this application does not seek
exemption from any of them. Home construction activities, as well as future residents’ activities, will be
required to comply with the applicable standards. This requirement is met.
CHAPTER 18.730: EXCEPTIONS TO DEVELOPMENT STANDARDS
18.730.020 Exceptions to Building Height Limitations
A. Projections not used for human habitation. Projections such as chimneys, spires, domes, elevator
shaft housings, towers excluding TV dish receivers, aerials, flag poles, and other similar objects
not used for human occupancy, are not subject to the building height limitations of this title.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 29
B. Building height exceptions. Any building located in a non-residential zone may be built to a
maximum height of 75 feet; provided: [detailed provisions omitted for brevity]
C. Building heights and flag lots.
1. Limitations on the placement of residential structures on flag lots apply when any of the
following exist:
a. A flag lot was created prior to April 15, 1985;
b. A flag lot is created after April 15, 1985 by an approved partition; or
c. A flag lot is created by the approval of a subdivision and the flag lot is located on the
periphery of the subdivision so that the lot adjoins other residentially-zoned land.
[further provisions omitted for brevity]
Response: Future construction will be subject to the building height limitation exceptions in Subsection
A. Subsection B is not applicable because the subject property is in a residential zone. Subsection C is
not applicable because none of the proposed lots meet the definition of a flag-lot subject to that
subsection (subparagraph C.1.a through c).
18.730.030 Zero Lot Line Setback Standards
[detailed provisions omitted for brevity]
Response: These provisions are not applicable because this request does not include any zero-lot-line
development.
18.730.040 Additional Setback Requirements
A. Additional setback from roadways. The minimum yard requirement shall be increased in the
event a yard abuts a street having a right-of-way width less than required by its functional
classification on the City's transportation plan map and, in such case, the setback shall be not
less than the setback required by the zone plus one -half of the projected road width as shown on
the transportation map.
Response: This provision is not applicable because SW 79th Ave right-of-way has sufficient width (or will
be dedicated to sufficient minimum widths through the final plat process).
B. Distance between multifamily residential structure and other structures on site.
[detailed provisions omitted for brevity]
Response: This provision is not applicable because no multifamily residential structure is proposed.
C. When no yard setback is required. In zoning districts where a side yard or a rear yard setback is
not required, a structure which is not to be built on the property line shall be set back from the
property line by a distance in accordance with the State Building Code requirements. (Ord. 02-33)
Response: The interior lots of the subdivision are not required to meet the setback standards of the
code. All structures built on the property shall comply with the State Building Code Requirements. The
proposed setbacks for the interior lots shall conform with the base zoning standards except Lots 24 thru
28 which will reduce the side yard setbacks from 5 feet to 3 feet to accommodate the 30 -foot side yard
setback of Lot 28.
18.730.050 Miscellaneous Requirements and Exceptions
A. When abutting properties have non-conforming front setbacks. If there are dwellings on both
abutting lots with front yard depths less than the required depth for the zone, the depth of the
front yard for the intervening lot need not exceed the average depth of the front yards of the
abutting lots.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 30
B. When one abutting property has a nonconforming front setback. If there is a dwelling on one
abutting lot with a front yard of less depth than the required depth for the zone, the front yard
for the lot need not exceed a depth one-half way between the depth of the abutting lot and the
required front yard depth.
Response: These provisions are not applicable because homes on neighboring sites do not have
nonconforming front setbacks.
C. Storage in front yard. Boats, trailers, campers, camper bodies, house trailers, recreation vehicles
or commercial vehicles in excess of 3/4 ton capacity may be stored in a required front yard in a
residential zone subject to the following:
1. No such unit shall be parked in a visual clearance area of a corner lot or in the visual
clearance area of a driveway which would obstruct vision from an adjacent driveway or
street;
2. No such unit shall be used for dwelling purposes except that one camper, house trailer or
recreational vehicle may be used for sleeping purposes only by friends, relatives or visitors on
land entirely owned by or leased to the host person for a period not to exceed 14 days in one
calendar year, provided that such unit shall not be connected to any utility, other than
temporary electricity hookups and provided that the host person shall receive no
compensation for such occupancy or use;
3. Any such unit parked in the front yard shall have current state license plates or registration
and must be kept in mobile condition.
Response: The applicant acknowledges these legal limitations on storage in the front yards of the
proposed lots, but does not waive the right to establish private Conditions, Covenants and Restrictions
(CC&Rs) containing more restrictive provisions by agreement among the owners of the proposed
subdivision lots.
D. Projections into required yards.
1. Cornices, eaves, belt courses, sills, canopies or similar architectural features may extend or
project into a required yard not more than 36 inches provided the width of such yard is not
reduced to less than three feet.
2. Fireplace chimneys may project into a required front, side or rear yard not more than three
feet provided the width of such yard is not reduced to less than three feet.
3. Open porches, decks or balconies not more than 36 inches in height and not covered by a
roof or canopy, may extend or project into a required rear or side yard provided such natural
yard area is not reduced to less than three feet and the deck is screened from abutting
properties. Porches may extend into a required front yard not more than 36 inches.
4. Unroofed landings and stairs may project into required front or rear yards only.
Response: The applicant acknowledges and accepts these standards allowing projections into required
yards.
E. Lot area for flag lots.
1. The lot area for a flag lot shall comply with the lot area requirements of the applicable
zoning district.
2. The lot area shall be provided entirely within the building site area exclusive of any
accessway (see figure following).
F. Front yard determination. The owner or developer of a flag lot may determine the location of the
front yard, provided no side yard setback area is less than 10 feet and provided the requirements
of Section 18.730.010.C, Building Heights and Flag Lots, are satisfied.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 31
Response: These provisions are not applicable because no flag lots are proposed.
CHAPTER 18.745: LANDSCAPING AND SCREENING
18.745.020 Applicability
A. Applicability. The provisions of this chapter shall apply to all development including the
construction of new structures, remodeling of existing structures where the landscaping is
nonconforming (Section 18.760.040.C), and to a change of use which results in the need for
increased on-site parking or loading requirements or which changes the access requirements.
B. When site development review does not apply. Where the provisions of Chapter 18.360, Site
Development Review, do not apply, the Director shall approve, approve with conditions, or deny
a plan submitted under the provisions of this chapter by means of a Type I procedure, as
governed by Section 18.390.030, using the applicable standards in this chapter.
C. Site plan requirements. The applicant shall submit a site plan. The Director shall provide the
applicant with detailed information about this submission requirement.
Response: A site plan and landscaping requirements are shown within the Detailed Development Plan in
Exhibit N. An Urban Forestry Plan is provided in Exhibit I. These provisions are satisfied.
18.745.030 General Provisions
A. Maintenance responsibility. Unless otherwise provided by the lease agreement, the owner, tenant
and his or her agent, if any, shall be jointly and severally responsible for the ongoing
maintenance of all landscaping and screening used to meet the requir ements of this chapter
according to applicable industry standards.
B. Installation requirements. The installation of all landscaping and screening required by this
chapter shall be as follows:
1. All landscaping and screening shall be installed according to applicable industry standards;
2. All plants shall be of high grade, and shall meet the size and grading standards of the
American Standards for Nursery Stock (ANSI Z60, 1 -2004, and any future revisions); and
3. All landscaping and screening shall be installed in accordance with the provisions of this title.
C. Certificate of occupancy. Certificates of occupancy shall not be issued unless the
requirements of this chapter have been met or other arrangements have been made and
approved by the city such as the posting of a bond.
D. Protection of existing plants. Existing plants on a site shall be protected as follows:
1. The developer shall provide methods for the protection of existing plants to remain during the
construction process;
2. The plants to remain shall be noted on the landscape plans (i.e., plants to remain can be
shown as protected with fencing); and
3. The tree protection provisions outlined in Chapter 18.790 and the Urban Forestry Manual shall
apply to the land use review types identified in Section 18.790.020.A.
E. Ongoing tree-related rules and regulations. Any trees used to meet the requirements of this
chapter shall be subject to all applicable tree-related rules and regulations in other chapters and
titles of the Tigard Municipal Code and Tigard Development Code. (Ord. 12-09 §1)
Response: The applicant is aware of their responsibilities for the installation, maintenance, and
protection of new and existing landscaping required by this section. An Urban Forestry Plan provided in
Exhibit I, shows the location of existing trees that will be preserved and utilized in the plan. These
provisions are satisfied.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 32
18.745.040 Street Trees Standards
A. Street trees shall be required as part of the approval process for conditional use (Type III),
downtown design review (Type II and III), minor land partition (Type II), planned development
(Type III), site development review (Type II) and subdivision (Type II and III) permits.
B. The minimum number of required street trees shall be determined by dividing the linear amount of
street frontage within or adjacent to the site (in feet) by 40 feet. When the result is a fraction,
the minimum number of required street trees shall be determined by rounding to the nearest
whole number.
C. Street trees required by this section shall be planted according to the street tree planting
standards in the Urban Forestry Manual.
D. Street trees required by this section shall be provided adequate soil volumes according to the
street tree soil volume standards in the Urban Forestry Manual.
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 tha n six feet from the right-of-way according to the street tree planting
standards in the Urban Forestry Manual when planting within the right-of-way is not practicable.
F. An existing tree may be used to meet the street tree standards provided that:
1. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses
is either within the subject site or within the right-of-way immediately adjacent to the
subject site;
2. The tree would be permitted as a street tree according to the street tree planting and soil
volume standards in the Urban Forestry Manual if it were newly planted; and
3. The tree is shown as preserved in the tree preservation and removal site plan (per
18.790.030.A.2), tree canopy cover site plan (per 18.790.030.A.3) and supplemental report
(per 18.790.030.A.4) of a concurrent urban forestry plan and is eligible for credit towards the
effective tree canopy cover of the site.
G. In cases where it is not practicable to provide the minimum number of required street trees, the
director may allow the applicant to remit payment into the urban forestry fund for tree planting
and early establishment in an amount equivalent to the city’s cost to plant and mainta in a street
tree for three years (per the street tree planting standards in the Urban Forestry Manual) for
each tree below the minimum required. (Ord. 12-09 §1; Ord. 09-13)
Response: Street tree plantings will be included as part of the construction of street improvements
along the SW 79th Ave frontage and the new streets. The minimum number of street trees was
calculated out to 64 trees. The spacing of driveways provides numerous opportunities to plant street
trees adjacent to rights-of-way. Compliance with these provisions can be assured through a condition of
approval.
18.745.050 Buffering and Screening
A. General provisions.
1. It is the intent that these requirements shall provide for privacy and protection and reduce or
eliminate the adverse impacts of visual or noise pollution at a development site, without
unduly interfering with the view from neighboring properties or jeopardizing the safety of
pedestrians and vehicles.
2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a
different type in accordance with the matrices in this chapter (Tables 18.745.1 and
18.745.2). The owner of each proposed development is responsible for the installation and
effective maintenance of buffering and screening. When different uses would be abutting
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 33
one another except for separation by a right -of-way, buffering, but not screening, shall be
required as specified in the matrix.
3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be
submitted for the Director's approval as an alternative to the buffer area landscaping and
screening standards, provided it affords the same degree of buffering and screening as
required by this code.
[further provisions omitted for brevity]
Response: The majority of the properties surrounding the subject property are in use as detached
single-family residence sites. The northern end of the subject property borders a multifamily
condominium development consisting of buildings with less than 5 units each. According to Table
18.745.1, no buffering/screening is required where both the abutting existing and proposed uses are the
same (in this instance, “Detached Single Units”). Buffer A is required when detached single-family units
abut a multi-family development consisting of buildings smaller than 5 units. The border of the subject
property abutting the residential single family detached uses will not require a buffer or screening. Lots
35 thru 40 abut the multifamily development and require a 10 foot buffer of lawn per Table 18.745.2.
The 15-foot rear yard setback for these lots will meet the requirement for the buffer. These provisions
are satisfied.
18.745.060 Re-vegetation
A.When re-vegetation is required. Where natural vegetation has been removed through grading in
areas not affected by the landscaping requirements and that are not to be occupied by
structures, such areas are to be replanted as set forth in this section to prevent erosion after
construction activities are completed.
B. Preparation for re-vegetation. Topsoil removed from the surface in preparation for grading and
construction is to be stored on or near the sites and protected from erosion while grading
operations are underway; and
1. Such storage may not be located where it would cause suffocation of root systems of trees
intended to be preserved; and
2. After completion of such grading, the topsoil is to be restored to exposed cut and fill
embankments or building pads to provide a suitable base for seeding and planting.
C. Methods of re-vegetation.
1. Acceptable methods of re-vegetation include hydro-mulching or the planting of rye grass,
barley, or other seed with equivalent germination rates, and:
a. Where lawn or turf grass is to be established, lawn grass seed or other appropriate
landscape cover is to be sown at not less than four pounds to each 1,000 square feet of
land area;
b. Other re-vegetation methods offering equivalent protection may be approved by the
approval authority;
c. Plant materials are to be watered at intervals sufficient to ensure survival and growth;
and
d. The use of native plant materials is encouraged to reduce irrigation and maintenance
demands.
Response: Site grading, construction of utilities and streets, and house building will involve removal,
storage, and redistribution of organic topsoils to provide suitable planting areas within the proposed
lots. The applicant will comply with re-vegetation requirements in areas pending active construction.
Landscaping of yards surrounding finished homes is likely to exceed these re -vegetation provisions.
Compliance can be assured via conditions of approval.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 34
CHAPTER 18.765: PARKING
18.765.030 General Provisions
A. Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans
are presented and approved as provided by this chapter that show how access, egress and
circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director
shall provide the applicant with detailed information about this submission requirement.
B. Location of vehicle parking. The location of off-street parking will be as follows:
1. Off-street parking spaces for single-family and duplex dwellings and single-family attached
dwellings shall be located on the same lot with the dwelling(s).
TABLE 18.765.2 (excerpt)
MINIMUM AND MAXIMUM REQUIRED OFF-STREET VEHICLE AND BICYCLE PARKING
REQUIREMENTS
(NA: Not Addressed DU: Dwelling Unit (M): Metro Requirement)
MAXIMUM[1]
MINIMUM ZONE A ZONE B BICYCLE
RESIDENTIAL
Household Living
Single Units,
Detached
1.0/DU none (M) none (M) none
Response: Future home construction will be required to provide at least one off-street parking space in
front of the garage entrance, in compliance with these provisions. There is no minimum bicycle-parking
requirement for detached single-family homes. These requirements are satisfied.
CHAPTER 18.775: SENSITIVE LANDS
The subject property contains sensitive lands associated with Fanno Creek, which flows along the
eastern boundary of the subject property, and through a portion of the NE corner of the subject
property. A Wetland Delineation Report was conducted on the subject property, and is provided in
Exhibit P. The Fanno Creek flood plain elevation is delineated on the Preliminary Plat shown in Exhibit N.
A Wetland Mitigation Report was conducted on the subject property and submitted to Clean Water
Services, it is provided with the CWS Service Provider Letter in Exhibit D. This Planned Development is
designed to preserve sensitive lands associated with Fanno Creek on the subject property.
An open space tract, Tract A and Tract D, totaling 10.75 acres, or approximately 64% of the subject
property, serves to permanently protect the following designated sensitive lands: (i) 7.32 acres of
contiguous delineated wetland, (ii) additional 100-yr floodplain outside the delineated wetland area, (iii)
Fanno Creek, and (iv) slopes exceeding 25%. Also preserved by Tract A and Tract D are CWS vegetated
corridors for sensitive land areas associated with Fanno Creek. Furthermore, impact to existing wetlands
and CWS vegetative corridors will be mitigated through the addition of a 50-foot wide buffer in Tract A
and Tract D surrounding the wetlands associated with Fanno Creek. The 10.75-acres of Tract A and Tract
D will be considered for dedication to the City of Tigard for the future development of a multi-use path
along Fanno Creek.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 35
Public utilities are located above the flood plain. Adequate drainage is provided as shown by the
attached Stormwater Report in Exhibit G. Stormwater runoff from the subject property will be treated
and conveyed to Fanno Creek. As depicted by the Stormwater Report, the proposed development of the
subject property will not affect the drainage patterns of Fanno Creek.
While all previously mentioned sensitive land areas will be preserved by Tract A and Tract D, this
application for a planned development is subject to requirements of the sensitive land review due to the
presence of slopes exceeding 25% located outside of Tract A of Tract D.
As depicted by the Geotechnical Report provided in Exhibit H, slopes exceeding 25% are present near
Lots 14-19 and Multi-Use Tract C. The site specific investigation completed fo r the subject property finds
no geotechnical issues with the site development as proposed in this application.
As per Table 18.390.1 Summary of Permits by Type of Decision-Making Procedure, Sensitive lands
permits for areas for slopes exceeding 25% shall be reviewed through a Type II procedure, and are
subject to the provisions of Chapter 18.775 Sensitive Lands.
The applicable sections of the Tigard Development Code that apply to the Sensitive Land Review and this
application are shown below with the applicant’s response to how the proposed Planned Development
meets the requirements.
18.775.010 Purpose
G. Location. Sensitive lands are lands potentially unsuitable for development because of their
location within:
4. Steep slopes of 25% or greater and unstable ground; and
18.775.020 Applicability of Uses – Permitted, Prohibited, and Nonconforming
A.CWS stormwater connection permit. All proposed development must obtain a stormwater
connection permit from CWS pursuant to its design and construction standards. As used in this
chapter, the meaning of the word “development” shall be as defined in the CWS “Design and
Construction Standards”: All human-induced changes to improved or unimproved real property,
including:
2.Land division;
F.Sensitive lands permits issued by the director.
1.The director shall have the authority to issue a sensitive lands permit in the following areas
by means of a Type II procedure, as governed in Section 18.390.040, using approval criteria
contained in Section 18.775.070:
b.Slopes that are 25% or greater or unstable ground; and
2.Sensitive lands permits shall be required for the areas in paragraph 1 of this subsection F
when any of the following circumstances apply:
c.Residential and nonresidential structures intended for human habitation; and
Response: As per Subsection 18.775.010.G.4 slopes exceeding 25% are classified as sensitive lands. As
per Subsection 18.775.020.A.2 land division is classified as development which must obtain a
stormwater connection permit from Clean Water Services. A CWS Service Provider Letter is provided in
Exhibit D.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 36
As per Subsection 18.775.020.F.1.b a sensitive lands permit for development associated with slopes
exceeding 25% shall be issued by the director by means of a Type II procedure, as governed by Section
18.390.040, using approval criteria contained in Section 18.775.070.
As per Subsection 18.775.020.F.2.c a sensitive land permit is required for development including:
residential structures for human habitation. Thus, this application includes a Type II Sensitive Lands
Permit reviewed by the applicable agencies due to the presence of slopes exceeding 25% on the subject
property.
18.775.070 Sensitive Land Permits
C. With steep slopes. The appropriate approval authority shall approve, approve with conditions or
deny an application request for a sensitive lands permit on slopes of 25% or greater or unstable
ground based upon findings that all of the following criteria have been satisfied:
1. Compliance with all of the applicable requirements of this title;
2. The extent and nature of the proposed land form alteration or development will not create
site disturbances to an extent greater than that required for the use;
3. The proposed land form alteration or development will not result in erosion, stream
sedimentation, ground instability, or other adverse on-site and off-site effects or hazards
to life or property;
4. The structures are appropriately sited and designed to ensure structural stability and
proper drainage of foundation and crawl space areas for development with any of the
following soil conditions: wet/high water table; high shrink-swell capability;
compressible/organic; and shallow depth-to-bedrock; and
5. Where natural vegetation has been removed due to land form alteration or development,
the areas not covered by structures or impervious surfaces will be replanted to prevent
erosion in accordance with Chapter 18.745, Landscaping and Screening.
Response: As per Subsection 18.775.070.C this application for a sensitive lands permit due to the
presence of slopes exceeding 25% is applicable to 18.775.070 subsections 1 through 5. As addressed
herein, this application is in compliance with all applicable provisions of Chapter 18.775 Sensitive Lands,
as well as Title 18 Community Development Code.
The proposed development will not result in erosion, stream sedimentation, ground instability, or other
on-site or off-site effects to life or the property. Public utilities are located above the flood plain.
Adequate drainage is provided as shown by the attached Stormwater Report (Exhibit G). Stormwater
runoff from the subject property will be treated and conveyed to Fanno Creek. As depicted by the
Stormwater Report found in Exhibit G, development of the subject property will not affect the drainage
patterns of Fanno Creek. As depicted by the Geotechnical Report provided in Exhibit H, slopes exceeding
25% are present near Lots 14-19 and Multi-Use Tract C, however ground in stable and the proposed
development is geotechnically feasible. Structures are appropriately sited, and are designed to ensure
structural stability and proper drainage. Existing conditions on the subject property are the result of a
multiple generation use of the property for cattle and farm uses. As the subject property has been
historically used for grazing livestock, there are few existing trees. Thus, the removal of natural
vegetation to necessitate development will be limited. However, this application wi ll mitigate the impact
of development on natural vegetation to the greatest extent feasible.
18.775.080 Application Submission Requirements
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 37
All applications for uses and activities identified in 18.775.020.A through G shall be made on forms
provided by the director and must include the following information in graphic, tabular and/or
narrative form. The specific information on each of the following is available from the director:
A.A CWS stormwater connection permit;
B.A site plan;
C.A grading plan;
D.An urban forestry plan per Chapter 18.790 (for 18.775.020.F and G); and
E.A landscaping plan. (Ord. 12-09 §1)
Response: A CWS Service Provider Letter, site plan, grading plan and urban forestry plan are included
with this application. A landscaping plan for the sensitive lands on the property will be designed in
cooperative planning effort with the City Parks Department and Clean Water Services in the future.
These provisions have been satisfied.
CHAPTER 18.790: URBAN FORESTRY PLAN
18.790.030 Urban Forestry Plan Requirement
A.Urban forestry plan requirements. An urban forestry plan shall:
1.Be coordinated and approved by a landscape architect (the project landscape architect) or a
person that is both a certified arborist and tree risk assessor (the project arborist), except for
minor land partitions that can demonstrate compliance with effective tree canopy cover and
soil volume requirements by planting street trees in open soil volumes only;
2.Meet the tree preservation and removal site plan standards in the Urban Forestry Manual;
3.Meet the tree canopy site plan standards in the Urban Forestry Manual; and
4.Meet the supplemental report standards in the Urban Forestry Manual.
B.Tree canopy fee. If the supplemental report demonstrates that the applicable standard percent
effective tree canopy cover will not be provided through any combination of tree planting or
preservation for the overall development site (excluding streets) or that the 15% effective tree
canopy cover will not be provided through any combination of tree planting or preservation for
any individual lot or tract in the R-1, R-2, R-3.5, R-4.5 and R-7 districts (when the overall
development site meets or exceeds the standard percent effective tree canopy cover), then the
applicant shall provide the city a tree canopy fee according to the methodology outlined in the
tree canopy fee calculation requirements in the Urban Forestry Manual.
C.Tree canopy fee use. Tree canopy fees provided to the city shall be deposited into the urban
forestry fund and used as approved by council through a resolution. (Ord. 12-09 §1)
Response: The applicant has retained a professional consulting arborist to evaluate existing trees on the
property and make recommendations for tree retention and replanting (Exhibit I). The Tree
Preservation and Removal Site Plan (Exhibit N) includes the locations and generalized types and trunk
sizes for on-site existing trees. The Grading Plan (Exhibit N) identifies trees to be retained during
construction and the locations for placement of protective fencing. Consideration was taken in the
development of the si te plan to preserve existing trees. Based upon the Urban Forestry Plan shown in
Exhibit I, the preservation of existing trees and planting of new trees will satisfy all required Urb an
Forestry Plan requirements. These provisions are satisfied.
18.790.040 Discretionary Urban Forestry Plan Review Option
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 38
Response: This Section is not applicable because this application does not include a request to utilize
any of the Discretionary Urban Forestry Plan Review Option.
18.790.050 Flexible Standards for Tree Planting and Preservation
3.General provisions. To assist in the preservation and/or planting of trees and
significant tree groves, the director may apply one or more of the following flexible
standards as part of the land use review approval. To the extent that the standards
in this section conflict with the standards in other sections of this title, the standards
in this section shall apply except in cases where the director determines there would
be an unreasonable risk to public health, safety, or welfare. Use of the flexible
standards shall be requested by the project arborist or landscape architect as part of
the land use review process. The flexible standards are only applicable to trees that
are eligible for credit towards the effective tree canopy cover of the site.
Response: This Section is not applicable because the subject property will not be able to utilize the
adjustments to preserve existing trees.
18.790.060 Urban Forestry Plan Implementation
A.General provisions. An urban forestry plan shall be in effect from the point of land use approval
until the director determines all applicable urban forestry plan conditions of approval and code
requirements have been met. For subdivisions and partitions, the urban forestry plan shall
remain in effect for each resulting lot or tract separately until the director determines all
applicable urban forestry plan conditions of approval and code requirements have been met.
Prior and subsequent permitting decisions regarding the planting, maintenance, removal and
replacement of trees when not associated with one of the land use review types in 18.790.020.A
shall be administered through Title 8 (Urban Forestry) of the Tigard Municipal Code.
B.Inspections. Implementation of the urban forestry plan shall be inspected, doc umented and
reported by the project arborist or landscape architect whenever an urban forestry plan is in
effect. In addition, no person may refuse entry or access to the director for the purpose of
monitoring the urban forestry plan on any site with an ef fective urban forestry plan. The
inspection requirements in the Urban Forestry Manual shall apply to sites with an effective urban
forestry plan.
C.Tree establishment. The establishment of all trees shown to be planted in the tree canopy site
plan (per 18.790.030.A.3) and supplemental report (per 18.790.030.A.4) of a previously
approved urban forestry plan shall be guaranteed and required according to the tree
establishment requirements in the Urban Forestry Manual.
D.Urban forest inventory. Spatial and species specific data shall be collected according to the urban
forestry inventory requirements in the Urban Forestry Manual for each open grown tree and
area of stand grown trees in the tree canopy site plan (per 18.790.030.A.3) and supplemental
report (per 18.790.030.A.4) of a previously approved urban forestry plan. (Ord. 12-09 §1)
Response: An Urban Forestry Plan is submitted with this application as shown in Exhibit I. This provision
is satisfied.
CHAPTER 18.795: VISUAL CLEARANCE AREAS
18.795.020 Applicability of Provisions
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 39
A. When provisions apply. The provisions of this chapter shall apply to all development including
the construction of new structures, the remodeling of existing structures and to a change of use
which increases the on-site parking or loading requirements or which changes the access
requirements.
B. When site development review is not required. Where the provisions of Chapter 18.330, Site
Development Review, do not apply, the Director shall approve, approve with conditions, or deny
a plan submitted under the provisions of this chapter through a Type I procedure, as governed by
Section 18.390.030, using the standards in this chapter as approval criteria.
18.795.030 Visual Clearance Requirements
A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on
the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a
driveway providing access to a public or private street.
B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall
structure or temporary or permanent obstruction (except for an occasional utility pole or tree),
exceeding three feet in height, measured from the top of the curb, or where no curb exists, from
the street center line grade, except that trees exceeding this height may be located in this area,
provided all branches below eight feet are removed.
C. Additional topographical constraints. Where the crest of a hill or vertical curve conditions
contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges,
plantings, fences, walls, wall structures and temporary or permanent obstructions shall be
further reduced in height or eliminated to comply with the intent of the required clear vision
area.
Response: The intersection of the new private street and SW 79th Ave, as well as the intersection of SW
78th Ave. and SW 76th Ave. will require 30 foot vision clearance areas. New home construction and
driveways on each of the proposed lots will be required to meet the applicable visual clearance triangle
requirement. A Preliminary Site Distance analysis is included within the Traffic Analysis (See Exhibit O).
These provisions have been satisfied.
18.795.040 Computations
A. Arterial streets. On all designated arterial streets the visual clearance area shall not be less than
35 feet on each side of the intersection.
B. Non-arterial streets.
1.Non-arterial streets 24 feet or more in width. At all intersections of two non-arterial streets,
a non-arterial street and a driveway, and a non-arterial street or driveway and railroad
where at least one of the streets or driveways is 24 feet or more in width, a visual clearance
area shall be a triangle formed by the right-of-way or property lines along such lots and a
straight line joining the right-of-way or property line at points which are 30 feet distance
from the intersection of the right-of-way line and measured along such lines. See Figure
18.795.1:
2.Non-arterial streets less than 24 feet in width. At all intersections of two non-arterial streets,
a non-arterial street and a driveway, and a non-arterial street or driveway and railroad
where both streets and/or driveways are less than 24 feet in width, a visual clearance area
shall be a triangle whose base extends 30 feet along the street right-of-way line in both
directions from the centerline of the accessway at the front setback line of a single family
and two family residence, and 30 feet back from the property line on all other types of uses.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 40
Response: The street plan for the proposed development will include a new private street intersecting
SW 79th Ave that terminates in a hammerhead-configuration. The new intersection will require a 30 foot
vision clearance with SW 79th Ave. The intersection of SW 78th Ave. to SW 76th Ave. will also require the
30 foot vision clearance areas. New home construction and driveways on each of the proposed lots will
be required to meet the applicable visual clearance triangle requirement. A Preliminary Site Distance
analysis is included within the traffic analysis (See Exhibit O). These provisions have been satisfied.
CHAPTER 18.810: STREETS AND UTILITY IMPROVEMENT STANDARDS
18.810.030 Streets
A. Improvements.
1. No development shall occur unless the development has frontage or approved access to a
public street.
2. No development shall occur unless streets within the development meet the standards of this
chapter.
3 No development shall occur unless the streets adjacent to the development meet the
standards of this chapter, provided, however, that a development may be approved if the
adjacent street does not meet the standards but half-street improvements meeting the
standards of this title are constructed adjacent to the development.
4 Any new street or additional street width planned as a portion of an existing street shall
meet the standards of this chapter.
5. If the city could and would otherwise require the applicant to provide street improvements,
the city engineer may accept a future improvements guarantee in lieu of street
improvements if one or more of the following conditions exist:
a. A partial improvement is not feasible due to the inability to achieve proper design
standards;
b. A partial improvement may create a potential safety hazard to motorists or pedestrians;
c. Due to the nature of existing development on adjacent properties it is unlikely that street
improvements would be extended in the foreseeable future and the improvement
associated with the project under review does not, by itself, provide a significant
improvement to street safety or capacity;
d. The improvement would be in conflict with an adopted capital improvement plan;
e. The improvement is associated with an approved land partition on property zoned
residential and the proposed land partition does not create any new streets; or
f. Additional planning work is required to define the appropriate design standards for the
street and the application is for a project which would contribute only a minor portion of
the anticipated future traffic on the street.
6. The standards of this chapter include the standard specifications adopted by the city
engineer pursuant to Section 18.810.020.B.
7. The approval authority may approve adjustments to the standards of this chapter if
compliance with the standards would result in an adverse impact on natural features such as
wetlands, bodies of water, significant habitat areas, steep slopes, or existing mature trees.
The approval authority may also approve adjustments to the standards of this chapter if
compliance with the standards would have a substantial adverse impact on existing
development or would preclude development on the property where the development is
proposed. In approving an adjustment to the standards, the approval authority shall balance
the benefit of the adjustment with the impact on the public interest represented by the
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 41
standards. In evaluating the impact on the public interest, the approval authority shall
consider the criteria listed in Section 18.810.030.E.1. An adjustment to the standards may
not be granted if the adjustment would risk public safety.
Response: The proposed planned development includes the extension of SW 78th Ave. and SW Hansen
Ln. to SW 76th Ave in the northern end of the development as public streets. The western section of the
development will have a private street intersecting with SW 79th Ave and terminating in a hammerhead-
configuration. All streets shall be built to satisfy applicable standards of this section. These provisions
are satisfied.
B. Creation of rights-of-way for streets and related purposes.
Rights-of-way shall be created through the approval of a final subdivision plat or major partition;
however, the council may approve the creation of a street by acceptance of a deed, provided
that such street is deemed essential by the council for the purpose of general traffic circulation.
1. The council may approve the creation of a street by deed of dedication without full
compliance with the regulations applicable to subdivisions or major partitions if any one or
more of the following conditions are found by the council to be present:
a. Establishment of a street is initiated by the council and is found to be essential for the
purpose of general traffic circulation, and partitioning or subdivision of land has an
incidental effect rather than being the primary objective in establishing the road or
street for public use; or
b. The tract in which the road or street is to be dedicated is an isolated ownership of one
acre or less and such dedication is recommended by the commission to the council based
on a finding that the proposal is not an attempt to evade the provisions of this title
governing the control of subdivisions or major partitions.
2. With each application for approval of a road or street right-of-way not in full compliance
with the regulations applicable to the standards, the proposed dedication shall be made a
condition of subdivision and major partition approval.
a. The applicant shall submit such additional information and justification as may be
necessary to enable the commission in its review to determine whether or not a
recommendation for approval by the council shall be made.
b. The recommendation, if any, shall be based upon a finding that the proposal is not in
conflict with the purpose of this title.
c. The commission in submitting the proposal with a recommendation to the council may
attach conditions which are necessary to preserve the standards of this title.
3. All deeds of dedication shall be in a form prescribed by the city and shall name “the public”
as grantee.
Response: All proposed public rights-of-way will be dedicated as part of the final plat process.
D. Street location, width and grade.
Except as noted below, the location, width and grade of all streets shall conform to an approved
street plan and shall be considered in their relation to existing and planned streets, to
topographic conditions, to public convenience and safety, and in their appropriate relation to the
proposed use of the land to be served by such streets:
1. Street grades shall be approved by the city engineer in accordance with subsection N below;
and
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 42
2. Where the location of a street is not shown in an approved street plan, the arrangement of
streets in a development shall either:
a. Provide for the continuation or appropriate projection of existing streets in the
surrounding areas, or
b. Conform to a plan adopted by the commission, if it is impractical to conform to existing
street patterns because of particular topographical or other existing conditions of the
land. Such a plan shall be based on the type of land use to be served, the volume of
traffic, the capacity of adjoining streets and the need for public convenience and safety.
Response: The proposed street network will extend SW 78th Ave. and SW Hansen Ln. to connect to SW
76th Ave. This will continue the appropriate pattern of the existing street network and complete the
missing connections. The hammerhead termination in the western portion of the subject property is
proposed due to the constraints of the Fanno Creek sensitive areas.
E. Minimum rights-of-way and street widths.
Unless otherwise indicated on an approved street plan, or as needed to continue an existing
improved street, street right-of-way and roadway widths shall not be less than the minimum
width described below. Where a range is indicated, the width shall be determined by the
decision-making authority based upon anticipated average daily traffic (ADT) on the new street
segment. (The City Council may adopt by resolution, design standards for street construction and
other public improvements. The design standards will provide guidance for determining
improvement requirements within the specified ranges.) These are presented in Table 18.810.1.
1. The decision-making body shall make its decision about desired right-of-way width and
pavement width of the various street types within the subdivision or development after
consideration of the following:
a. The type of road as set forth in the comprehensive plan transportation chapter -
functional street classification.
b. Anticipated traffic generation.
c. On-street parking needs.
d. Sidewalk and bikeway requirements.
e. Requirements for placement of utilities.
f. Street lighting.
g. Drainage and slope impacts.
h. Street tree location.
i. Planting and landscape areas.
j. Safety and comfort for motorists, bicyclists, and pedestrians.
k. Access needs for emergency vehicles.
Response: SW 79th Ave is classified as a Neighborhood Route. This designation will require a 54’ right of
way and 32’ wide improvement. A half-street improvement with curbs at 16’ from centerline will be
constructed in addition to a 5’ planter strip and 5’ sidewalk per city of Tigard street standards.
SW 74th Ave., SW Hansen Ln., and SW 78th Ave. are classified as local Residential Streets with less than
500 vehicle trips per day at the subject property location. The new extensions of SW 78th Ave. and SW
Hansen Ln. will provide a 50-foot ROW with 28 feet of pavement and 5-foot planting strips and 5-foot
sidewalks. SW 76th Ave will receive a half-street improvement to add additional ROW and full street
improvements on the section that falls entirely within in the subject property. The improvements and
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 43
ROW dedication will provide a 54-foot ROW with 32-feet of pavement, a 5-foot sidewalk and 5-foot
planting strip.
The private street with hammerhead-configuration on the western end of the development will be built
in a 29-foot tract with 28-feet of pavement. A 5 foot sidewalk will be built within an easement on the
northern leg of the tract to allow for pedestrian connectivity via the multi-use path in Tract B.
The proposed improvements will meet all applicable city road standards.
F. Future street plan and extension of streets.
1. A future street plan shall:
a. Be filed by the applicant in conjunction with an application for a subdivision or partition.
The plan shall show the pattern of existing and proposed future streets from the
boundaries of the proposed land division and shall include other parcels within 530 feet
surrounding and adjacent to the proposed land division. At the applicant’s request, the
city may prepare a future streets proposal. Costs of the city preparing a future streets
proposal shall be reimbursed for the time involved. A street proposal may be modified
when subsequent subdivision proposals are submitted.
b. Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes
and pedestrian facilities on or within 530 feet of the site.
2. Where necessary to give access or permit a satisfactory future division of adjoining land,
streets shall be extended to the boundary lines of the tract to be developed, and
a. These extended streets or street stubs to adjoining properties are not considered to be
culs-de-sac since they are intended to continue as through streets at such time as the
adjoining property is developed.
b. A barricade shall be constructed at the end of the street by the property owners which
shall not be removed until authorized by the city engineer, the cost of which shall be
included in the street construction cost.
c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for
stub street in excess of 150 feet in length.
Response: This subdivision will complete the existing street network in the area for automobile traffic.
A street vacation process is being conducted concurrently with this application for a portion of the SW
76th Ave ROW which runs north to south through the middle of the subject property. The possibility of
extending SW 76th Ave south through the subject property is not feasible due to the existing wetlands
and flood plain of Fanno Creek and adjacent existing subdivisions, which blocks the connection and the
end of the ROW.
Due to the constraints of the Fanno Creek flood plain, the western development of the subject property
utilizes a private street which terminates in hammerhead-configuration. No possible street connection
can be made to the other sections of the development without major impacts to existing sensitive areas
and wetlands.
Both sections of the development promote pedestrian connectivity, providing access and future
connections with a possible future trail system in the Fanno Creek flood plain via multi-use Tract B and
Tract C.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 44
G. Street spacing and access management. Refer to Section 18.705.030.H.
Response: See findings above under Section 18.705.030.H. These provisions are satisfied.
H. Street alignment and connections.
1. Full street connections with spacing of no more than 530 feet between connections is
required except where prevented by barriers such as topography, railroads, freeways, pre-
existing developments, lease provisions, easements, covenants or other restrictions existing
prior to May 1, 1995 which preclude street connections. A full street connection may also be
exempted due to a regulated water feature if regulations would not permit construction.
2. All local, neighborhood routes and collector streets which abut a development site shall be
extended within the site to provide through circulation when not precluded by environmental
or topographical constraints, existing development patterns or strict adherence to other
standards in this code. A street connection or extension is considered precluded when it is
not possible to redesign or reconfigure the street pattern to provide required extensions.
Land is considered topographically constrained if the slope is greater than 15% for a distance
of 250 feet or more. In the case of environmental or topographical constraints, the mere
presence of a constraint is not sufficient to show that a street connection is not possible. The
applicant must show why the constraint precludes some reasonable street connection.
3. Proposed street or street extensions shall be located to provide direct access to existing or
planned transit stops, commercial services, and other neighborhood facilities, such as
schools, shopping areas and parks.
4. All developments should provide an internal network of connecting streets that provide
short, direct travel routes and minimize travel distances within the development.
Response: As stated earlier in this report, SW 78th Ave. and SW Hansen Ln. currently end in stub streets.
They will be extended with this development to connect with SW 76th Ave. to complete the existing
street network. The western section of the development is constricted by the natural constrains of
Fanno Creek, thus street connection is not possible. Pedestrian access connecting both sections of the
development and Tract A and Tract D, will be provided via multi-use Tract B and Tract C (See Exhibit N).
I. Intersection angles.
Streets shall be laid out so as to intersect at an angle as near to a right angle as practicable,
except where topography requires a lesser angle, but in no case shall the angle be less than 75o
unless there is special intersection design, and:
1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless
topography requires a lesser distance;
2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet
along the right-of-way lines of the acute angle; and
3. Right-of-way lines at intersection with arterial streets shall have a corner radius of not less
than 20 feet.
Response: The proposed streets meet these requirements. These provisions are satisfied.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 45
J. Existing rights-of-way.
Whenever existing rights-of-way adjacent to or within a tract are of less than standard width,
additional rights-of-way shall be provided at the time of subdivision or development.
Response: The right of way of SW 79th Ave and SW 76th Ave shall meet the Neighborhood Route design
standard which requires 54 feet of right-of-way. The proposed right of way width will be 27 feet from
centerline. This project will dedicate any additional land to meet the required ROW. This provision is
satisfied.
K. Partial street improvements.
Partial street improvements resulting in a pavement width of less than 20 feet, while generally
not acceptable, may be approved where essential to reasonable development when in
conformity with the other requirements of these regulations, and when it will be practical to
require the improvement of the other half when the adjoining property developed.
Response: No partial street improvements are proposed. This provision is not applicable.
L. Culs-de-sacs.
A cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20
dwelling units, and shall only be used when environmental or topographical constraints, existing
development pattern, or strict adherence to other standards in this code preclude str eet
extension and through circulation:
1. All culs-de-sac shall terminate with a turnaround. Use of turnaround configurations other
than circular shall be approved by the city engineer; and
2. The length of the cul-de-sac shall be measured from the centerline intersection point of the
two streets to the radius point of the bulb.
3. If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may
be required to be provided and dedicated to the city.
Response: A hammerhead-configuration is proposed for the private street on the western section of the
development. This configuration will meet the requirement of the City Engineer. These provisions are
satisfied.
M. Street names.
No street name shall be used which will duplicate or be confused with the names of existing
streets in Washington County, except for extensions of existing streets. Street names and
numbers shall conform to the established pattern in the surrounding area and as approved by
the city engineer.
Response: A proposed street name for the new street will be proposed through the City Engineer. The
extensions of the existing streets shall continue the existing names. This provision is satisfied.
N. Grades and curves.
1. Grades shall not exceed 10% on arterials, 1 2% on collector streets, or 12% on any other
street (except that local or residential access streets may have segments with grades up to
15% for distances of no greater than 250 feet); and
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 46
2. Centerline radii of curves shall be as determined by the city engineer.
Response: The grade of the proposed street will meet city design standards. These provisions are
satisfied.
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.
Response: Concrete curbs and sidewalks will be constructed as part of the street construction for the
project per city standards. These provisions are satisfied.
S. Survey monuments.
Upon completion of a street improvement and prior to acceptance by the city, it shall be the
responsibility of the developer’s registered professional land surveyor to provide certification to
the city that all boundary and interior monuments shall be reestablished and protected.
Response: Survey monuments will be set per city and county standards as part of the subdivision
process. This provision is satisfied.
18.810.040 Blocks
A. Block design. The length, width and shape of blocks shall be designed with due regard to
providing adequate building sites for the use contemplated, consideration of needs for
convenient access, circulation, control and safety of street traffic and recognition of limitations
and opportunities of topography.
B. Sizes.
1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the
centerline of the streets except:
a.Where street location is precluded by natural topography, wetlands, significant habitat
areas or bodies of water, or pre-existing development; or
b.For blocks adjacent to arterial streets, limited access highways, collectors or railroads.
c.For nonresidential blocks in which internal public circulation provides equivalent access.
2. Bicycle and pedestrian connections on public easements or right-of-ways shall be provided when
full street connection is exempted by subsection B.1 of this section. Spacing between connections
shall be no more than 330 feet, except where precluded by environmental or t opographical
constraints, existing development patterns, or strict adherence to other standards in the code.
(Ord. 06-20; Ord. 02-33)
Response: The extension of SW 78th Ave. St and SW Hansen Ln. will form a block with the connection of
SW 76th Ave. The total block perimeter will be less than 2,000 feet. A pedestrian connection will be
provided between the western section of development and the northern section via multi-use Tract B
and Tract C. This connection will also provide access to the possible future multi-use path in the open
space areas, Tract A and Tract D, along Fanno Creek. These provisions are satisfied.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 47
18.810.060 Lots
A. Size and shape. Lot size, width, shape and orientation shall be appropriate for the location of the
development and for the type of use contemplated, and:
1.No lot shall contain part of an existing or proposed public right-of-way within its dimensions.
2.The depth of all lots shall not exceed 2-1/2 times the average width, unless the parcel is less
than 1-1/2 times the minimum lot size of the applicable zoning district.
3.Depth and width of properties zoned for commercial and industrial purposes shall be
adequate to provide for the off-street parking and service facilities required by the type of
use proposed.
A.Lot frontage. Each lot shall abut upon a public or private street, other than an alley, for a width
of at least 25 feet unless the lot is created through a minor land part ition in which case
subsection 18.162.050.C applies, or unless the lot is for an attached single -family dwelling unit,
in which case the lot frontage shall be at least 15 feet.
B.Through lots. Through lots shall be avoided except where they are essential to provide
separation of residential development from major traffic arterials or to overcome specific
disadvantages of topography and orientation, and:
1.A planting buffer at least 10 feet wide is required abutting the arterial rights -of-way; and
2.All through lots shall provide the required front yard setback on each street.
C.Lot side lines. The side lines of lots, as far as practicable, shall be at right angles to the street
upon which the lots front.
D.Large lots. In dividing tracts into large lots or parcels which at some future time are likely to be
redivided, the commission may require that the lots be of such size and shape, and be so divided
into building sites, and contain such site restrictions as will provide for the extension and opening
of streets at intervals which will permit a subsequent division of any tract into lots or parcels of
smaller size. The land division shall be denied if the proposed large development lot does not
provide for the future division of the lots and future extension of public facilities.
Response: Each of the proposed lots will take access onto a public or private street, meeting the criteria
of the code. The lots are laid out in rectangular shape with sufficient space to build the proposed single
family detached houses. There are no through lots in the development. All side lot lines are at a right
angle to the street. The proposed lots for houses will not be large enough for future subdivision. These
provisions are satisfied.
18.810.070 Sidewalks
A.Sidewalks. All industrial streets and private streets shall have sidewalks meeting city standards
along at least one side of the street. All other streets shall have sidewalks meeting city standards
along both sides of the street. A development may be approved if an adjoining street h as
sidewalks on the side adjoining the development, even if no sidewalk exists on the other side of
the street.
B.Requirement of developers.
1.As part of any development proposal, or change in use resulting in an additional 1,000
vehicle trips or more per day, an applicant shall be required to identify direct, safe (1.25 x the
straight line distance) pedestrian routes within 1/2 mile of their site to all transit facilities
and neighborhood activity centers (schools, parks, libraries, etc.). In addition, the de veloper
may be required to participate in the removal of any gaps in the pedestrian system off -site if
justified by the development.
2.If there is an existing sidewalk on the same side of the street as the development within 300
feet of a development site in either direction, the sidewalk shall be extended from the site to
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 48
meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not
serve a neighborhood activity center).
C.Planter strip requirements. A planter strip separation of at least five feet between the curb and
the sidewalk shall be required in the design of streets, except where the following conditions
exist: there is inadequate right-of-way; the curbside sidewalks already exist on predominant
portions of the street; it would conflict with the utilities; there are significant natural features
(large trees, water features, significant habitat areas, etc.) that would be destroyed if the
sidewalk were located as required; or where there are existing structures in close proximity to
the street (15 feet or less). Additional consideration for exempting the planter strip requirement
may be given on a case-by-case basis if a property abuts more than one street frontage.
Response: Sidewalks are proposed, pursuant to the City’s design sections for the two types of roadways.
Sidewalks will be built curb tight on one side of the proposed private street. The sidewalk on public
streets will be placed behind a planter strip per city street standards for a neighborhood street. These
provisions are satisfied.
18.810.090 Sanitary Sewers
A.Sewers required. Sanitary sewers shall be installed to serve each new development and to
connect developments to existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified
Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted
policies of the comprehensive plan.
B.Sewer plan approval. The city engineer shall approve all sanitary sewer plans and proposed
systems prior to issuance of development permits involving sewer service.
C.Over-sizing. Proposed sewer systems shall include consideration of additional development
within the area as projected by the comprehensive plan.
D.Permits denied. Development permits may be restricted by the commission or hearings officer
where a deficiency exists in the existing sewer system or portion thereof which cannot be
rectified within the development and which if not rectified will result in a threat to public health
or safety, surcharging of existing mains, or violations of state or federal standards pertaining to
operation of the sewage treatment system.
Response: A new sewer line will connect to the existing sewer line running along SW 76th Ave and
running behind Lots 11 thru 17 to avoid the sensitive areas in Tract A and Tract D. The line will serve the
western section of the development and extend to the ROW of SW 79th Ave to allow future connections.
An existing line located in the alignment of the SW 78th Ave. will provide service for Lots 34 thru 40. Lots
20 thru 33 will tie into a stub line which will be placed in the extension of SW Hansen Ln. There is
adequate depth of service for each lot for gravity service. These provisions are satisfied.
18.810.100 Storm Drainage
A.General provisions. The director and city engineer shall issue a development permit only where
adequate provisions for stormwater and floodwater runoff have been made, and:
1.The storm water drainage system shall be separate and independent of any sanitary
sewerage system;
2.Where possible, inlets shall be provided so surface water is not carried across any
intersection or allowed to flood any street; and
3.Surface water drainage patterns shall be shown on every development proposal plan.
B.Easements. Where a development is traversed by a watercourse, drainageway, channel or
stream, there shall be provided a stormwater easement or drainage right -of-way conforming
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 49
substantially with the lines of such watercourse and such further width as will be adequate for
conveyance and maintenance.
C.Accommodation of upstream drainage. A culvert or other drainage facility shall be large enough
to accommodate potential runoff from its entire upstream drainage area, whether inside or
outside the development, and the city engineer shall approve the ne cessary size of the facility,
based on the provisions of Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by the Unified Sewerage Agency in 1996 and including any future
revisions or amendments).
D.Effect on downstream drainage. Where it is anticipated by the city engineer that the additional
runoff resulting from the development will overload an existing drainage facility, the director and
engineer shall withhold approval of the development until provisions have been made for
improvement of the potential condition or until provisions have been made for storage of
additional runoff caused by the development in accordance with the Design and Construction
Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage
Agency in 1996 and including any future revisions or amendments).
Response: Storm water runoff from the lots and paved surfaces will be collected through catch ba sins
and pipes and extended to two water quality facilities in multi-use Tract B and Tract C. Following
treatment, the water will be conveyed to the Fanno Creek drainage system. A Stormwater Report has
been prepared (Exhibit G) that addresses projected runoff volumes from the project and any impacts to
downstream facilities. Analysis will be completed in accordance with CWS standards. These provisions
are satisfied.
18.810.110 Bikeways and Pedestrian Pathways
A.Bikeway extension.
1. As a standard, bike lanes shall be required along all arterial and collector routes and where
identified on the city’s adopted bicycle plan in the transportation system plan (TSP). Bike lane
requirements along collectors within the Downtown Urban Renewal District shall be
determined by the city engineer.
2. Developments adjoining proposed bikeways identified on the city’s adopted
pedestrian/bikeway plan shall include provisions for the future extension of such bikeways
through the dedication of easements or rights-of-way, provided such dedication is directly
related to and roughly proportional to the impact of the development.
3. Any new street improvement project shall include bicycle lanes as required in this document
and on the adopted bicycle plan.
Response: New streets shall be built to City standards with the construction of sidewalks. 79th Ave. is
designated on the City’s 2035 Transportation System Plan for future pedestrian improvements to
include sidewalks and bicycle improvements. Improvements to 79th Ave. will consist of half street
improvements along the subject property’s frontage to bring the roadway to City standards. The
roadway will be widened to provide pavement 16 feet from the centerline, curb and gutter, a 5 foot
planting strip with street trees, and a 5 foot sidewalk.
18.810.120 Utilities
A.Underground utilities. All utility lines including, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes and
meter cabinets which may be placed above ground, temporary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or above, and:
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 50
1.The developer shall make all necessary arrangements with the serving utility to provide the
underground services;
2.The city reserves the right to approve location of all surface mounted facilities;
3.All underground utilities, including sanitary sewers and storm drains installed in streets by
the developer, shall be constructed prior to the surfacing of the streets; and
4.Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
B.Information on development plans. The applicant for a development shall show on the
development plan or in the explanatory information, easements for all underground utility
facilities, and:
1.Plans showing the location of all underground facilities as described herein shall be
submitted to the city engineer for review and approval; and
2.Care shall be taken in all cases to ensure that above ground equipment does not obstruct
vision clearance areas for vehicular traffic.
C.Exception to undergrounding requirement.
1.The developer shall pay a fee in-lieu of undergrounding costs when the development is
proposed to take place on a street where existing utilities which are not underground will
serve the development and the approval authority determines that the cost and technical
difficulty of under-grounding the utilities outweighs the benefit of undergrounding in
conjunction with the development. The determination shall be on a case-by-case basis. The
most common, but not the only, such situation is a short frontage development for which
undergrounding would result in the placement of additional poles, rather than the removal
of above-ground utilities facilities.
2.An applicant for a development which is served by utilities which are not underground and
which are located across a public right-of-way from the applicant’s property shall pay the fee
in-lieu of undergrounding.
3.Properties within the CBD zoning district shall be exempt from the requirements for
undergrounding of utility lines and from the fee in-lieu of undergrounding.
4.The exceptions in paragraphs 1 through 3 of this subsection C shall apply only to existing
utility lines. All new utility lines shall be placed underground.
D.Fee in-lieu of undergrounding.
1.The city engineer shall establish utility service areas in the city. All development which occurs
within a utility service area shall pay a fee in-lieu of undergrounding for utilities if the
development does not provide underground utilities, unless exempted by this code.
2.The city engineer shall establish the fee by utility service area which shall be determined
based upon the estimated cost to underground utilities within each service area. The total
estimated cost for undergrounding in a service area shall be allocated on a front-foot basis
to each party within the service area. The fee due from any developer shall be calculated
based on a front-foot basis.
3.A developer shall receive a credit against the fee for costs incurred in the undergrounding of
existing overhead utilities. The city engineer shall determine the amount of the credit, after
review of cost information submitted by the applicant with the request for credit.
4.The funds collected in each service area shall be used for undergrounding utilities within the
city at large. The city engineer shall prepare and maintain a list of proposed undergrounding
projects which may be funded with the fees collected by the city. The list shall indicate the
estimated timing and cost of each project. The list shall be submitted to the City Council for
their review and approval annually.
Elderberry Ridge Subdivision – 14775 SW 76th Ave. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 51
Response: All new service utilities will be placed underground per city standards. Undergrounding of
existing utilities will be determined at time of final construction documents. The developer will
coordinate efforts with the city regarding undergrounding locations and costs.
SUMMARY AND REQUEST
The applicant has utilized a design team consisting of planning, engineering, arborist, geotechnical,
transportation and environmental professional to analyze and design a planned development
subdivision detailed plan for the 16.74-acre subject property while preserving and protecting 10.75
acres of sensitive lands as permanent open space, which is 64% of the subject property.
Through this narrative and submitted reports, plans and exhibits, the A pplicant Riverside Homes has
demonstrated that the proposed 40 lot Elderberry Ridge Planned Development Subdivision complies
with all applicable standards and approval criteria, and respectfully requests approval of this Land Use
Request.
Pacific Corporate Center 15115 SW Sequoia Parkway, suite 150
PLANNING ENGINEERING SURVEYING
November 15, 2016
Mr. Gary Pagenstecher, Associate Planner
CITY OF TIGARD
Planning Department
13125 SW Hall Blvd.
Tigard, OR 97223
RE:Elderberry Ridge Subdivision
FILE #: PDR2016-00009 / SDR2016-00007
Response for additional information -Completeness of Application
Dear Gary,
This letter is submitted in response to your incompleteness letter dated July 7, 2016 requesting additional
information in order to deem the Elderberry Ridge Subdivision, File #PDR2016-0009 / SDR2016-00007
complete.This letter and enclosed materials are submitted by the applicant to supplement the application
plans, narrative responses, and exhibits submitted to date.As per your letter, twenty-two (22) copies of all
original and revised materials are enclosed.
Each of the items in your letter are addressed as follows:
Information Necessary to Complete Application
1. Right of Way Vacation
Please address the public right-of-way that crosses the subject property. If you propose vacation of the
right-of-way in the area of proposed lot 18, then pay the fee ($2,657.00 deposit + actual costs), include
findings in your narrative addressing the procedures and issues outline in attached flyer “Street Vacation”.
The Development Review Engineer has determined that any vacation determination by Council must precede
application for planned development. Alternatively, if proposed lot 18 were to remain as right of way, no
vacation would be necessary.
Response: An application for the vacation of approximately 33,397 S. F. of the SW 76th Ave., near Lot 16
and Lot 17 for the purpose of development and a deposit of $2,705.00 have been submitted concurrently
with this land use application. The applicant has revised narrative findings to address the City of Tigard
“Street Vacation” flyer, as well as all applicable provisions of Chapter 15.08 Street Vacations (pg. 2).
Because the future extension of SW 76th Ave. is not feasible, the right-of-way proposed to be vacated is
not needed, nor will the vacation jeopardize public purpose. All city liens and taxes on the property have
been paid, and all necessary signatures are included with this application.
2. Narrative
Please revise your narrative findings for Chapter 18.775 Sensitive Lands because no SLR permit appears to
be required given the regulated sensitive lands are being preserved in proposed Tract A.
Response: The applicant has revised narrative findings for Chapter 18.775 Sensitive Lands (pg. 50).
Sensitive lands associated with Fanno Creek located on the subject property and preserved and protected by
the proposed Tract A and Tract D. This application requires a Sensitive Lands Review due to the presence of
slopes exceeding 25% outside of Tract A.
3.Public Facilities Plan Completeness Checklist
Elderberry Ridge Subdivision File #PDR2016-00009 / SDR2016-00007
September 26,2016
Page 2
Pacific Corporate Center 15115 SW Sequoia Parkway, suite 1 50
Please review the attached Checklist from the Development Review Engineer and amend your application
accordingly.
Response: The applicant has reviewed the attached Checklist from the Development Review Engineer, and
has revised all plans according.
With submittal of this letter and enclosed revised materials, it is our understanding that this land use
application is complete. We look forward to your confirmation of completeness.
Please feel free to contact me if you have any questions.
Sincerely,
Westlake Consultants, Inc.
Kenneth L. Sandblast, AICP
Director of Planning
121 SW Morrison St, FL 3
Portland, OR 97204
Phn - (503)222-3651 (800)929-3651
Fax - (877)242-3513
This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a
title insurance policy and shall become void unless a policy is issued, and the full premium paid.
Order No.: 7001-2528535
September 29, 2015
FOR QUESTIONS REGARDING YOUR CLOSING, PLEASE CONTACT:
RANADA CAMPBELL, Escrow Officer/Closer
Phone: (503)350-5060 - Fax: (866)329-6395- Email:RanCampbell@firstam.com
First American Title Company of Oregon
17933 NW Evergreen Pkwy Ste 290, Beaverton, OR 97006
FOR ALL QUESTIONS REGARDING THIS PRELIMINARY REPORT, PLEASE CONTACT:
Tom Bergstrom, Title Officer
Toll Free: (800)929-3651 - Direct: (503)219-8772 - Email: tbergstrom@firstam.com
Preliminary Title Report
County Tax Roll Situs Address: 14775, 14825 and 14830 SW 76th Avenue, Tigard, OR 97223
Proposed Insured Lender: TBD
Proposed Borrower: Riverside Homes LLC
2006 ALTA Owners Standard Coverage Liability $3,000,000.00 Premium $5,100.00
2006 ALTA Owners Extended Coverage Liability $Premium $
2006 ALTA Lenders Standard Coverage Liability $Premium $
2006 ALTA Lenders Extended Coverage Liability $Premium $
Endorsement 9, 22 & 8.1 Premium $
Govt Service Charge Cost $150.00
City Lien/Service District Search Cost $
Other Cost $
We are prepared to issue Title Insurance Policy or Policies of First American Title Insurance Company, a
Nebraska Corporation in the form and amount shown above, insuring title to the following described land:
The land referred to in this report is described in Exhibit A attached hereto.
and as of September 17, 2015 at 8:00 a.m., title to the fee simple estate is vested in:
Cornutt Enterprises, LLC, an Oregon limited liability company
Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and
the following:
Preliminary Report Order No.: 7001-2528535
Page 2 of 8
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records; proceedings
by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in
patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
4. Any encroachment (of existing improvements located on the subject land onto adjoining land or
of existing improvements located on adjoining land onto the subject land), encumbrance,
violation, variation, or adverse circumstance affecting the title that would be disclosed by an
accurate and complete land survey of the subject land.
5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers
compensation heretofore or hereafter furnished, imposed by law and not shown by the public
records.
The exceptions to coverage 1-5 inclusive as set forth above will remain on any subsequently
issued Standard Coverage Title Insurance Policy.
In order to remove these exceptions to coverage in the issuance of an Extended Coverage
Policy the following items are required to be furnished to the Company; additional
exceptions to coverage may be added upon review of such information:
A. Survey or alternative acceptable to the company
B. Affidavit regarding possession
C. Proof that there is no new construction or remodeling of any improvement located on
the premises. In the event of new construction or remodeling the following is
required:
i. Satisfactory evidence that no construction liens will be filed; or
ii. Adequate security to protect against actual or potential construction liens;
iii. Payment of additional premiums as required by the Industry Rate Filing
approved by the Insurance Division of the State of Oregon
6. Water rights, claims to water or title to water, whether or not such rights are a matter of public
record.
7. Taxes for the fiscal year 2015-2016 a lien due, but not yet payable.
8. The assessment roll and the tax roll disclose that the within described premises were specially
zoned or classified for Farm use. If the land has become or becomes disqualified for such use
under the statute, an additional tax or penalty may be imposed.
9. City liens, if any, of the City of Tigard.
Note: There are no liens as of September 27, 2015. All outstanding utility and user fees are not
liens and therefore are excluded from coverage.
Preliminary Report Order No.: 7001-2528535
Page 3 of 8
10. Statutory powers and assessments of Clean Water Services.
11. Rights of the public and of governmental bodies in and to that portion of the premises herein
described lying below the high water mark of Fanno Creek.
(Affects Parcel VI)
12. Any adverse claim based upon the assertion that some portion of said land has been removed
from or brought within the boundaries thereof by an avulsive movement of the Fanno Creek or
has been formed by the process of accretion or reliction or has been created by artificial means
or has accreted to such portion so created.
(Affects Parcel VI)
13. The rights of the public in and to that portion of the premises herein described lying within the
limits of streets, roads and highways.
(Affects Parcel VI)
14. Road Maintenance Agreement, including terms and provisions thereof.
Recorded: September 20, 1984 as Fee No. 84037603
(Affects Lots 51, 52 and 54)
15. Landscape Easement Agreement, including terms and provisions thereof.
Recorded: August 31, 2005 as Fee No. 2005 106368
(Affects Parcel IV)
16. Easement, including terms and provisions contained therein:
Recording Information: May 26, 2006 as Fee No. 2006 063121
In Favor of: City of Tigard
For: underground storm drainage line and sanitary sewer line
(Affects Parcel IV)
17. Any conveyance or encumbrance by Cornutt Enterprises, LLC should be executed pursuant to
their Operating Agreement , a copy of which should be submitted to this office for inspection.
18. Unrecorded leases or periodic tenancies, if any.
- END OF EXCEPTIONS -
NOTE: Taxes for the year 2014-2015 PAID IN FULL
Tax Amount: $73.29
Map No.: 2S112BD-00400
Property ID: R512056
Tax Code No.: 023.74
(Affects Parcel I)
NOTE: Taxes for the year 2014-2015 PAID IN FULL
Tax Amount: $2,205.06
Map No.: 2S112BD-00300
Property ID: R512065
Tax Code No.: 023.74
Preliminary Report Order No.: 7001-2528535
Page 4 of 8
(Affects Parcel II)
NOTE: Taxes for the year 2014-2015 PAID IN FULL
Tax Amount: $1,507.88
Map No.: 2S112BD-00500
Property ID: R512074
Tax Code No.: 023.74
(Affects Parcel III)
NOTE: Taxes for the year 2014-2015 PAID IN FULL
Tax Amount: $1,924.87
Map No.: 2S112BD-00600
Property ID: R512083
Tax Code No.: 023.74
(Affects Parcel IV)
NOTE: Taxes for the year 2014-2015 PAID IN FULL
Tax Amount: $29.09
Map No.: 2S112BD-01500
Property ID: R1034124
Tax Code No.: 023.74
(Affects Parcel VI)
NOTE: Taxes for the year 2014-2015 PAID IN FULL
Tax Amount: $17.60
Map No.: 2S112CA-00100
Property ID: R512163
Tax Code No.: 023.74
(Affects Parcel V)
NOTE: This Preliminary Title Report does not include a search for Financing Statements filed in the Office
of the Secretary of State, or in a county other than the county wherein the premises are situated, and no
liability is assumed if a Financing Statement is filed in the Office of the County Clerk covering Crops on
the premises wherein the lands are described other than by metes and bounds or under the rectangular
survey system or by recorded lot and block.
NOTE: According to the public record, the following deed(s) affecting the property herein described have
been recorded within 24 months of the effective date of this report: NONE
NOTE: Washington County Ordinance No. 267, filed August 5, 1982 in Washington County, Oregon,
imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within
Washington County.
Certain conveyances may be exempt from said ordinance, in which case, Washington County will require
a correct and timely filing of an Affidavit of Exemption. For all deeds/conveyance documents which are
recorded (including situations to meet lender requirements) either the transfer tax must be paid or
affidavit acceptable to the County must be filed.
Preliminary Report Order No.: 7001-2528535
Page 5 of 8
THANK YOU FOR CHOOSING FIRST AMERICAN TITLE!
WE KNOW YOU HAVE A CHOICE!
RECORDING INFORMATION
Filing Address: Washington County
155 North 1st Avenue
Hillsboro, OR 97124-3087
Recording Fees: $ 41.00 First Page
(Comprised of:
$ 5.00 per page
$ 5.00 per document - Public Land Corner Preservation Fund
$11.00 per document - OLIS Assessment & Taxation Fee
$20.00 per document - Oregon Housing Alliance Fee)
$ 5.00 E-Recording fee per document
$ 5.00 for each additional page
$ 5.00 for each additional document title, if applicable
$ 20.00 Non-Standard Document fee, if applicable
Preliminary Report Order No.: 7001-2528535
Page 6 of 8
SCHEDULE OF EXCLUSIONS FROM COVERAGE
ALTA LOAN POLICY (06/17/06)
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to
the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14);
or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the
state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage
and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the
Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the
date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).
ALTA OWNER’S POLICY (06/17/06)
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided
under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to
the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as
shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the
date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
SCHEDULE OF STANDARD EXCEPTIONS
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the public records.
2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making
inquiry of persons in possession thereof.
3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof;
water rights, claims or title to water.
4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements
located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title
that would be disclosed by an accurate and complete land survey of the subject land.
5. Any lien" or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter
furnished, imposed by law and not shown by the public records.
NOTE: A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) WILL BE FURNISHED UPON REQUEST TI 149 Rev. 7-22-08
Preliminary Report Order No.: 7001-2528535
Page 7 of 8
Privacy Information
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such
information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as
information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties
except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period
after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty
insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial
institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and
entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet.
In general, you can visit First American or its affiliates’ Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the
domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First
American uses this information to measure the use of our site and to develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of
collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific
account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site
can send to your browser, which may then store the cookie on your hard drive.
FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and
productive Web site experience.
--------------------------------------------------------------------------------
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record
and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data.
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Form 50-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)
Preliminary Report Order No.: 7001-2528535
Page 8 of 8
Exhibit "A"
Real property in the County of Washington, State of Oregon, described as follows:
Parcel I:
Lots 39 and 42, DURHAM ACRES, in the City of Tigard, Washington County, Oregon.
Parcel II:
Lots 40, 41 and 52, DURHAM ACRES, in the City of Tigard, Washington County, Oregon.
Parcel III:
Lot 51, DURHAM ACRES, in the City of Tigard, Washington County, Oregon.
Parcel IV:
Lot 54, DURHAM ACRES, in the City of Tigard, Washington County, Oregon.
Excepting therefrom that portion being described in documents recorded June 17, 2005 as Fee No. 2005
069221.
Parcel V:
Lot 33, excepting that part lying East of Fanno Creek, DURHAM ACRES, in the City of Tigard, County of
Washington, State of Oregon.
Parcel VI:
Lot 43, DURHAM ACRES, in the City of Tigard, Washington County, Oregon and all that portion of Lot 38,
DURHAM ACRES, in the City of Tigard, Washington County, Oregon lying North of the North line of that
tract of land conveyed to Nicholas L. Cannard and Valerie K. Cannard by Deed recorded December 6,
1972 in Book 900 Page 238 Washington County Deed Records.
NOTE: This legal description was created prior to January 1, 2008.
Neighborhood Meeting
Elderberry Ridge
Subdivision
January 26, 2016
6:00 p.m. to 7:00 p.m.
Christ the King Lutheran Church
11305 Bull Mountain Road
Tigard, OR 97224
Meeting called by:Nikki Munson –Applicant
Facilitators:Ken Sandblast –Westlake Consultants
Agenda topics
5 Minutes Introductions
10 Minutes Zoning
10 Minutes Site Plans
10 Minutes Public Facilities/Utilities
10 Minutes Transportation
15 Minutes Question and Answer
Project Contacts:Project Applicant: Land Use & Civil:
Nikki Munson Westlake Consultants
Riverside Homes Ken Sandblast
17933 NW Evergreen Pkwy 15115 SW Sequoia Pkwy
Beaverton, OR 97006 Tigard, OR 97224
Neighborhood Meeting
Elderberry Ridge
SubdivisionP
January 26, 2016
6:00 p.m. to 7:00 p.m.
Christ the King Lutheran Church
11305 Bull Mountain Road
Tigard, OR 97224
Meeting called by:Applicant
Facilitator:Ken Sandblast
Attendees:
Agenda topics
5 Introductions Ken Sandblast
Discussion:
Conclusions:
Action items:Person responsible:Deadline:
10 Zoning Ken Sandblast
Discussion:
Conclusions:
Action items:Person responsible:Deadline:
10 Site Planning Ken Sandblast
Discussion:
Conclusions:
Action items:Person responsible:Deadline:
10 Utilities Ken Sandblast
Discussion:
Conclusions:
Action items:Person responsible:Deadline:
10 Transportation Ken Sandblast
Discussion:
Conclusions:
Action items:Person responsible:Deadline:
20 Question and Answer Ken Sandblast
Discussion:
Conclusions:
Action items:Person responsible:Deadline:
Resource persons:
M EETING M INUTES
E NGINEERING S URVEYING P LANNING P HONE 503.684.0652
DATE OF MEMO: January 26, 2016
DATE OF MEETING: January 27, 2016
PROJECT NAME: Elderberry Ridge
PROJECT NUMBER: 1306-006
LOCATION: Christ the King Lutheran Church
11305 SW Bull Mountain Rd. Tigard, OR 97224
PRESENT: Westlake Consultants - Ken Sandblast and MacKenzie Davis
Owners including Jeff Cornutt
Neighbors (see attached list)
DISTRIBUTION:
SUBMITTED BY : MacKenzie Davis
Presentation:
A meeting was held to provide information to surrounding neighbors regarding a proposed 41 lot
single family detached home subdivision located at 14775 SW 76th Ave., and to satisfy the City of
Tigard land use application submittal requirements. Thirty neighbors attended the meeting, including
landowners that adjoin the proposed development on the north, south and west sides.
Exhibits presented:
1.Two site maps
2.Two vicinity maps
Ken Sanblast, Westlake Consultant’s Director of Planning, opened the meeting with a brief
description of the proposed development. Ken explained the process of the meeting requirements
for developments within the city of Tigard and the type of land use proposed, noting that the
proposed development is a work-in-progress. He explained the R4.5 and R7 zoning of the site and
the requirements for density calculations that determine the number of lots, in addition to the
required lot dimensions.
Next, he discussed flood plain and wetland restrictions, as well as the required buffer zones
between wetlands and the proposed lots. He addressed site plans, and proposed roads, as well as
connection to existing roads. He continued by explaining that within the proposed development’s
17 acres an 11 acre tract would remain a green space. He also discussed the property’s
relationship to Fanno Creek and the possibility of future environmental restoration.
He described how the site will be served by utilities and where the connections would most likely
be located. He explained the treatment, detainment and discharge of stormwater, as well as how
sanitary sewer, waterlines and dry utilities will be served to the site. He went on to discuss right of
way dedication and frontage improvements.
He concluded the presentation by explaining that the time frame for the land use application could
range from 9 – 12 months, and that construction would most likely not begin until early 2017.
Comments and Questions:
1.1 Q: What will be the size of the homes?
A: Ken responded it is likely the homes will be two stories and average a total of 3,000 sq. ft.
1.2 Q: Can you explain the recent spray painting in the neighborhood?
A: Ken responded most likely, the spray paint is a product of survey teams locating utility lines.
1.3 Q: What does restoration entail?
A: Ken responded typically restoration includes the removal of invasive species and degrading
conditions. He added that often times shade, water and planting will be emphasized to increase
the value of an environmental resource.
1.4 Q: Will 76th Ave. be closed during construction?
A: Ken responded this will be determined by the construction mana gement plan.
1.5 Q: Who owns the property?
A: Ken responded the property is owned by the Cornutt family.
1.6 Q: Will speed bumps be put in on 79th Ave.?
A: Ken responded traffic calming is not typically addressed under conditions of approval for a
subdivision. He did however encourage surrounding property owners to contact their local
government regarding traffic calming.
1.7 Q: What will be the home types and values?
A: Nikki Munson of Riverside Homes responded construction will not begin until early 2017
and the first sales of homes will not be until 2018, thus it is very difficult to predict prices that
far in advance, however, one could estimate home values to be between high $400,000s and
low $500,000s. She added that the square footage of the proposed homes would most likely
be between 2,300 and 3,300 sq. ft.
1.8 Q: Which portion of the development would start first?
A: Nikki responded this is typically determined by marketing, however it could be expected that
the first homes to be built would be along 79th Ave.
1.9 Q: Will there be a homeowner’s association?
A: Ken responded no it is unlikely there will be a homeowner’s association. Nikki added that in
most cases, despite there being no HOA, homeowners would still be held to CC&Rs.
2.0 Q: Will the frontage of 78th Ave. widen sidewalks?
A: Ken responded yes, the improvements will match existing sidewalks.
The meeting adjourned at 7:20pm.
Impact Study for Elderberry Ridge
Tigard Development Code Section 18.390.050.B.2.e requires an impact study as part of a Type
III land use application, meeting the following standards:
18.390.050.B.e. Include an impact study. The impact study shall quantify the effect of
the development on public facilities and services. The study shall address, at a
minimum, the transportation system, including bikeways, the drainage system, the parks
system, the water system, the sewer system, and the noise impacts of the development.
For each public facility system and type of impact, the study shall propose
improvements necessary to meet city standards and to minimize the impact of the
development on the public at large, public facilities systems, and affected private
property users. In situations where the community development code requires the
dedication of real property interests, the applicant shall either specifically concur with
the dedication requirements, or provide evidence which supports the conclusion t hat
the real property dedication requirement is not roughly proportional to the projected
impacts of the development.
Transportation System, including Bikeways
The proposed development is located east of SW 79th Ave. and south of Bonita Rd. at
the end of SW 76th Ave. The proposal includes 40 lots for single-family homes, new
streets, open space and two stormwater disposal facilities on a 16.74-acre site.10.75-
acres on the southern portion of the site will be dedicated as open space in Tract A and
Tract D.
As per density requirements, the allowable density for the combined R-7 and R-4.5
zoning present on the subject property is a minimum 28 units and a maximum 40 units.
The proposed 40 lots are within the allowable density. The allowable density for the
subject property at the proposed density was accounted for in the Transportation
System plan’s assumption for the immediate area.As per the findings in the traffic
study submitted with this application, the proposed 40 lot planned development
subdivision of the subject property will not exceed the capacit y of the existing street
network in the vicinity.
Improvements to Meet City Standards:The developer will construct improvements and
public right-of-way dedications connecting SW 78th Ave.and SW Hanson Ln. with SW
76th Ave. up to the Cit y’s local public street design standards, providing pedestrian and
bicycle linkages between SW 76th Ave. and SW 79th Ave. The developer will also
construct improvements to 79th Ave. consisting of half street improvements along the
site’s frontage to bring the roadway to City standards; the roadway will be widened to
provide pavement 16-feet from the centerline, curb and gutter, a 5-foot planting strip
with street trees, and a 5-foot sidewalk. On the western side of the subject property,
intersecting with SW 79th Ave, the developer will construct a new private street with a
hammerhead-configuration, including 28-feet wide pavement with parking on one-side
and a 5-foot sidewalk.
Impact Minimization Strategies:No impact mitigation is required because the
proposed development effectivel y implements, but does not change, the planning
policies adopted for the immediate vicinity b y the City of Tigard.
Drainage System
Runoff from roofs and paved areas, including driveways and the paving will be
conveyed to two storm water qualit y and detention facilities located in Tract B and
Tract C.These facilities will help to reduce pollutants in the storm water following
storm events. The Applicant’s engineer has provided calculations to demonstrate that
the proposed facilities will have sufficient capacity for these storm water management
functions.
Improvements to Meet City Standards:The storm water qualit y facilit y and all
drainage pipes,catch basins, manholes, vaults and other facilities will be constructed
to meet applicable Cit y of Tigard requirements.
Impact Minimization Strategies:Compliance with the City’s water quality
requirements for new development is a satisfactory approach for providing on-site
mitigation of potential drainage impacts.
Parks System
The proposal will result in a net addition of 40 new single-famil y residences on the
subject propert y. While utilization of parks and recreation facilities generally rises with
population growth, the proposed number of dwellings at this location will likely be
similar to growth in planning projections, and there is no reason to believe this proposed
development will generate a higher or lower demand for such activities than other
comparable residential development in the City.Tract A and Tract D constitute 10.75
acres of open space created by this application.
Improvements to Meet City Standards:Given the 10.75 acres of open space
tracts being created, no specific parks s ystem improvements are warranted by
the proposed development.
Impact Minimization Strategies:The Cit y of Tigard collects a Parks System
Development Charge fee in conjunction with issuance of residential building
permits.
Water System
The City of Tigard operates a municipal water service.Because the proposed
development density does not exceed the planned density for the subject property, the
proposed development will not result in an unplanned level of water system demand.
Improvements to Meet City Standards:City water system lines will be extended in
the proposed rights-of-way as needed to serve development of the subject property.
Impact Minimization Strategies:The proposed development causes no water
system impacts that warrant mitigation measures.
Sewer System
The City of Tigard operates a municipal sewer service. Because the proposed
development’s density does not exceed the planned density for the subject property,
the proposed development will not result in an unplanned level of sewer s ystem
service demand.
Improvements to Meet City Standards:City sewer system lines will be extended in
the proposed rights-of-way as needed to serve development of the subject property.
Impact Minimization Strategies:The proposed development causes no sewer
system impacts that warrant mitigation measures.
Noise Impacts of the Development
The proposed development consists of 40 lots for detached single-famil y residential
development. These lots and homes will be comparable in size and qualit y to existing
homes surrounding the subject propert y. There is no reason to believe families moving
into the new homes will be significantly noisier than other residential in the vicinity.
Improvements to Meet City Standards:The City does not have a standard
requiring protective measures for noise impacts between single-family
residences.
Impact Minimization Strategies:There are no noise impacts attributable to the proposed
development that would warrant mitigation actions.
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Planned Development Statement
Tigard Development Code Section 18.350.040.A.1 requires a statement of planning objectives
to be achieved by a planned development through the particular approach proposed by the
applicant.This code section defines that the planned development subdivision statement for
this application includes the following standards:
a. A description of the character of the proposed development and the rationale behind the
assumptions and choices made by the applicant;
The subject property is a total of 16.74 acre.The subject property has been committed
and used for farm use, primarily livestock,for decades by the Cornutt Family.The property has
single family residential zoning designations of R-4.5 and R-7 applied to the entire 16.74 acres.
As depicted on Exhibit N, the Detailed Development Plan, there are several existing
conditions located upon and adjacent to the boundary of the subject property that provide the
rationale behind submitting this 40 lot subdivision application with a planned development
overlay.These conditions include: (i) existing public street rights-of-way stubbing into the
northwest boundary of the property and adjacent to the northeast and southwest, (ii) a break in
topography running east-west across the subject property in the north central area of the site, (iii)
Fanno Creek through the northeast area of the subject property, (iv) the 100 year floodplain
elevation location upon the property, (v) existing wetland and surface drainage flows, (vi)
property conditions resulting from years of livestock farm use, including associated existing
improvements (e.g. barns, outbuildings, fence and feed locations).
The above existing conditions result in 10.75 acres of the 16.74 acre subject property
being regulated and restricted for consideration of site development.The fact that these 10.75
acres is 64% of the subject property was the primary consideration of this application choosing
to be a planned development.
Upon development of the subject property as proposed with 40 single family detached
residential lots, the existing conditions described above are subject to the Tigard Municipal Code
Title 18 Community Development Code.Applicable sections of the Tigard Municipal Code
include requirements to: (a) extend and connect public rights -of-way through the subject site in
the north area connecting existing stubs to SW 76th Avenue, (b) minimize impacts to sensitive
lands and associated vegetated corridors, (c) locate site development outside of the 100-yr
floodplain, and (d) meet minimum lot dimension, area and setback requirements for lots on the
perimeter of the proposed subdivision plat.
As depicted by Exhibit M, the Concept Development Plan, and Exhibit N, the Detailed
Development Plan Set, this planned development proposes to create open space tracts, Tract A
and Tract D, containing 10.75 acres of sensitive land and vegetated corridors.The rationale for
this planned development after creation of Tract A and Tract D, was to extend public rights-of-
way and utilities services required to serve development of the remainder of the subject property,
while in addition satisfying minimum lot area and setback requirements.
b. An explanation of the architectural style, and what innovative site planning principles
are utilized including any innovations in building techniques that will be employed;
This application proposes a 40 lot subdivision of the subject property with each lot
containing a single family detached residence.All of the proposed lots have been specifically
designated and reviewed to insure ability to site a future residence upon them.Architectural style
of the future residences on the subject property will integrate front elevation utilizing porches
and wall plan offsets, garages will be provided for each home and pitched rooflines will be
provided.
Given the large area of open space being proposed, this application will provide the
innovative site planning opportunity: (i) to remove and mitigate livestock use from the subject
property and (ii) through a joint cooperative planning effort with City of Tigard, Clean Water
Services and the Applicant, Riverside Homes, the open space will be restored to positively
impact surface water quality flowing from the subject property and adjacent residential
development,as well as Fanno Creek upstream and downstream off-site.
c. An explanation of how the proposal relates to the purposes of the planned development
chapter as expressed in Section 18.350.010; and
Although consistency with the purpose section of the planned development code section
purpose statement is not a requirement for approval of a planned development, this application
generally satisfies the listed purposes as follows: (i) as depicted on Exhibit M and Exhibit N, the
proposed development plan provides for the preservation of 10.75 acres of wetlands, floodplain,
Fanno Creek and associated slopes through Tract A and Tract D in the central and southern area
of the 16.74 acre subject property, (ii) the proposed development plan provides for increased
natural areas in the city and preservation of significant natural resources present upon the subject
property through proposed Tract A and Tract D, (iii) the preliminary plat respects the existing
adjacent neighborhoods through use of buffering and perimeter lot size transitioning, (iv)
balances the use of allowable density by proposing a total of 40 lots, which is the middle of the
minimum 32 units and maximum 40 allowable units upon the subject property.
d. An explanation of how the proposal utilized the “Planning Commissioner’s Toolbox.”
The “Planning Commissioner’s Toolbox”is a collection of guidelines and planning
principles and for site development provides a framework for sustainable and effective land
development practices.This application proposes a planned development subdivision that
utilizes practices including buffering and transitioning to existing adjacent development,
protecting environmentally sensitive areas located upon the subject property by proposing Tract
A and Tract D for 10.75 acres of open space, respecting existing topography, extending and
connecting the existing public street system to provide connectivity for vehicles, bicycles and
pedestrians, and by applying for concurrent concept and detailed planned development plan
approval to insure consistency and thorough review through the Type III application process.
TRAFFIC ANALYSIS REPORT
FOR
ELDERBERRY SUBDIVISION
SW 76TH AVENUE
CITY OF TIGARD
SUBMITTED BY
May 2016
Project 16-09
CHARBONNEAU
ENGINEERING LLC
___________________________________________________________________
Traffic Analysis Report May 12, 2016
Elderberry Subdivision SW 76th Avenue, Tigard
Charbonneau
Engineering LLC
TABLE OF CONTENTS FL1647
SUMMARY AND RECOMMENDATIONS ........................................................................ 1
INTRODUCTION................................................................................................................... 3
TRAFFIC ANALYSIS CONSIDERATIONS ...................................................................... 3
SITE DESCRIPTION, STREETS, AND CRITICAL INTERSECTIONS ....................... 3
TRAFFIC OPERATIONAL ANALYSIS ............................................................................. 4
VEHICULAR TRIP GENERATION ................................................................................... 5
CAPACITY ANALYSIS ........................................................................................................ 5
QUEUING ANALYSIS & ACCESS SPACING .................................................................. 7
SIGHT DISTANCE ................................................................................................................ 7
LEFT TURN LANE WARRANTS ....................................................................................... 8
TRAFFIC SIGNAL WARRANTS ........................................................................................ 8
ACCIDENT HISTORY .......................................................................................................... 8
PEDESTRIANS, BICYCLES, & BUSES ............................................................................. 8
APPENDIX .............................................................................................................................. 9
Vicinity Map Figure 'a'
Site Plan Figure 'b'
Lane Configuration and Traffic Control Figure 'c'
Traffic Flow Diagrams
Figure 1 2016 Existing Traffic (AM & PM peak hours)
Figure 2 Year 2019 Background Traffic
Figure 3 Trip Distribution
Figure 4 Trip Assignment
Figure 5 Year 2019 Total Traffic
Traffic Count Data
Peak Hour Signal Warrant
Accident History Summary (furnished by ODOT)
Capacity Analysis Worksheets (Synchro v9)
___________________________________________________________________
Traffic Analysis Report May 12, 2016
Elderberry Subdivision SW 76th Avenue, Tigard
1
Charbonneau
Engineering LLC
SUMMARY AND RECOMMENDATIONS
The traffic study for the Elderberry Subdivision development has been prepared to determine
the potential impacts to the study intersection on SW Bonita Road at 76th Avenue.
Development of the site will consist of 43 single-family homes as referenced on the site plan
(Figure 'b'). The project site is located south of Bonita Road and east of 79th Avenue.
Based on the trip generation projections according to the ITE Trip Generation manual the site
will generate 409 trips per weekday. A total of 32 trips will be generated in the AM peak
hour and 43 trips will be generated in the PM peak hour. Table 1 presents a summary of the
trip generation.
Sight distance at the new access point with 79th Avenue will need to meet the AASHTO
standards in both sightline directions. Based on the posted speed of 25 MPH the AASHTO
standard requires a sight distance of 280 feet. Review of the sight distance situation in the
field showed that over 350 feet of sightline is available. The sight lines shall not become
restricted due to the project development. Buildings, parking, landscaping, signs, or other
improvements shall not be positioned to restrict the sight distance to below the City’s
standards.
The peak hour signal warrant presented in the Manual on Uniform Traffic Control Devices
(MUTCD) was reviewed for the study intersection at Bonita Road and 76th Avenue. The
signal warrant is not met.
The stop controlled intersection of Bonita Road and 76th Avenue will continue to operate at
LOS `D` in the AM peak hour through the year 2019 total traffic scenario. In the PM peak
hour the stop controlled northbound approach operates at LOS `E` currently and maintains
this level through the year 2019 total traffic scenario. On the private driveway north approach
the service level will change from LOS `E` (existing traffic) to LOS `F` in the year 2019
background (53.7” delay) and total traffic (55.1” delay) scenarios. Although the service level
for the private driveway is failing it is noted that the LOS change is due to the background
traffic and therefore no mitigation is recommended. In support of this recommendation the
following findings are listed.
LOS change from `E` to `F` occurs due to background traffic.
The north approach experiences low volumes totaling eight cars in the PM peak
hour.
The traffic queue analysis indicates vehicle stacking will not exceed one to two
vehicles in the southbound direction in the worst case.
The proposed housing development does not add any trips to the failing approach.
The intersection crash rate is 0.13 MEV/year and is not considered unsafe. Only four
crashes were reported at this location in the past five years.
___________________________________________________________________
Traffic Analysis Report May 12, 2016
Elderberry Subdivision SW 76th Avenue, Tigard
2
Charbonneau
Engineering LLC
It is recommended that stop sign control be established on the newly constructed site access
approach to 79th Avenue. Figure 'c' references the lane configuration and traffic control
recommendations.
No other street or intersection improvements will be necessary in conjunction with the new
development.
___________________________________________________________________
Traffic Analysis Report May 12, 2016
Elderberry Subdivision SW 76th Avenue, Tigard
3
Charbonneau
Engineering LLC
INTRODUCTION
This traffic study has been prepared to evaluate and document the traffic operation and safety
conditions associated with the Elderberry Subdivision development being planned in Tigard.
The project will include construction of 43 single-family homes. The subject property is
located on several acres east of SW 79th Avenue and south of Bonita Road as shown on the
vicinity map (Figure `a`) in the appendix.
The study area was defined in discussion with the City transportation staff as the surrounding
neighborhood including the major intersection of Bonita Road at 76th Avenue. Access to the
site will occur at several points including Bonita Road at 76th Avenue and on 79th Avenue
along Cornutt Street, Hansen Lane, and a new approach south of Hansen Lane. The proposed
site layout is shown on Figure `b`.
TRAFFIC ANALYSIS CONSIDERATIONS
In the project scope established with Tigard staff, a number of important elements were
identified and considered in this study.
Inventory and record pertinent information such as traffic control devices, circulation
patterns, lane conditions, pedestrian & bicycle facilities, transit zones, parking
conditions, and street characteristics.
Record data on typical weekdays during the AM & PM peak traffic hours.
Conduct peak hour traffic counts at the study intersection of Bonita Road and 76th
Avenue.
Determination of the projected trip generation for Elderberry Subdivision using the
ITE Trip Generation manual based on code #210 (single-family housing).
Inclusion of traffic flow mapping documenting the scenarios for existing traffic, year
2019 background traffic, and year 2019 total traffic.
Application of a 1%/year traffic growth rate for three years to establish the
background traffic conditions.
Level of service (LOS) analysis of the study intersection to measure the approach
delays and v/c ratios for comparison to City standards. Include analysis of the AM &
PM peak hours as required by the City.
Verification of intersection sight distance on 79th Avenue at the site’s new access
location.
Determination of the vehicle queuing conditions at the study intersection.
Signal warrant (peak hour) for the intersection of Bonita Road and 76th Avenue.
Review of traffic accident data and determination of the intersection crash rates.
SITE DESCRIPTION, STREETS, AND CRITICAL INTERSECTIONS
The proposed development will be located south of Bonita Road and east of 79th Avenue in
Tigard. Development of site includes construction of 43 single-family homes.
___________________________________________________________________
Traffic Analysis Report May 12, 2016
Elderberry Subdivision SW 76th Avenue, Tigard
4
Charbonneau
Engineering LLC
Vehicular access to the site will occur along 76th Avenue to Bonita Road on the site’s west
side and to 79th Avenue through Cornutt Street, Hansen Lane, and a new street south of
Hansen Lane. The access location is depicted on the project site plan (Figure `b`).
The intersection sight distance at the proposed street approach on 79th Avenue will need to
meet AASHTO's standard. The standard is based on the local street speed of 25 MPH and is
280 feet.
The surrounding vicinity includes mainly residential subdivisions.
Bonita Road is classified as an arterial according to the Functional Classification Plan
contained in the City's TSP. The street consists of a three lane section including a center turn
lane and bike lanes. There is curb and sidewalk on both sides of the street. The posted speed
is 35 MPH. Parking is not permitted.
Southwest 79th Avenue is classified as a neighborhood street according to the Functional
Classification Plan. The street consists of a two lane section and is unmarked. There are
curbs and sidewalk on both sides from Bonita Road to Hansen Lane. South of Hansen Lane
the street contains pavement edges. The posted speed is 25 MPH. Parking is not permitted
south of Hansen Lane.
Southwest 76th Avenue is a local street signed with a `No Outlet` sign for traffic entering
from Bonita Road. The street deadends approximately 750 south of Bonita Road and serves
several residential properties. As a local street and by statute the travel speed is 25 MPH
although it is not posted. There are no sidewalks.
Bonita Road at 76th Avenue is configured as a four-way intersection with the south
approach controlled by stop signing with a stop bar marked on 76th Avenue. The north
approach provides access to an apartment facility and is a combination of two private
driveways that are uncontrolled (no stop sign). There is a separate left turn median lane on
Bonita Road at this location.
The existing and proposed lane configuration and traffic control are presented in Figure `c`.
TRAFFIC OPERATIONAL ANALYSIS
In order to evaluate traffic flow and delay in the area the study intersection of Bonita Road at
76th Avenue was analyzed for level of service (LOS) conditions and safety. LOS analyses
were completed in AM and PM peak hour periods for the following scenarios:
2016 Existing Traffic
2019 Background Traffic
2019 Total Traffic
___________________________________________________________________
Traffic Analysis Report May 12, 2016
Elderberry Subdivision SW 76th Avenue, Tigard
5
Charbonneau
Engineering LLC
In order to perform the LOS analysis at the intersections video traffic counts were conducted
during the AM (7:00-9:00 and PM peak (4:00-6:00 PM) traffic hours. Figure 1 illustrates the
existing volume data for the weekday peak hours.
Background traffic is comprised of the existing traffic factored with a traffic growth rate
established from City staff input. For this project City staff estimated a traffic growth rate of
one percent per year. This rate was applied over the three-year buildout period. Year 2019
background traffic volumes (sum of existing traffic and growth traffic are illustrated in
Figure 2.
The year 2019 total traffic is the summation of background traffic volumes and site generated
traffic. The peak hour total traffic volumes are presented in Figure 5.
VEHICULAR TRIP GENERATION
The trip generation for the Elderberry Subdivision was determined using trip rates published
in the ITE Trip Generation Manual (9th edition, year 2012). The trip generation was based on
ITE code #210 (single-family housing) and is summarized in the following table.
Table 1 Trip Generation Summary
Total Enter Exit Total Enter Exit
Single-Family (#210) 43
Generation Rate 1 9.52 0.75 25% 75% 1.00 63% 37%
Site Trips 409 32 8 24 43 27 16
1 Source: Trip Generation , 9th Edition, ITE, 2012, average rates.
AM Peak Hour PM Peak Hour
ITE Land Use Units
(#)
Weekday
ADT
The site's total trip generation will produce an ADT of 409 trips. The AM peak hour will
generate 32 new trips and the PM peak hour will generate 43 new trips.
The development’s trip distribution was based on the site access location, traffic count and
turning movement data, traffic control, and engineering judgment. The trip distribution is
illustrated on Figure 3. Figure 4 exhibits the AM & PM peak hour trip assignments.
CAPACITY ANALYSIS
Capacity analyses were performed to determine the levels of service for the weekday AM &
PM peak hours. Synchro v9 software was used to determine the level of service for each
scenario considered. The program is based on the year 2010 Highway Capacity Manual
___________________________________________________________________
Traffic Analysis Report May 12, 2016
Elderberry Subdivision SW 76th Avenue, Tigard
6
Charbonneau
Engineering LLC
methodology. Table 2 summarizes the analysis results. Copies of the capacity analysis
calculations are included in the appendix.
The City of Tigard does not identify specific mobility standards in terms of intersection LOS,
average vehicle delay, and volume to capacity (v/c) ratio and the traffic study results are
evaluated on a case by case basis to determine if any mitigation is necessary.
Table 2 Capacity Analysis Summary
Crit.
Mov't LOS Delay v/c
Crit.
Mov't LOS Delay v/c
Crit.
Mov't LOS Delay v/c
AM NB D 33.0 - NB D 35.4 - NB D 35.9 -
PM SB E 49.5 - SB F 53.7 - SB F 55.1 -
2019 Background2016 Existing
Traffic Scenario
Two-way
StopSW 76th Avenue/
driveway
and Bonita Road
Notes: 2010 Highway Capacity Manual methodology used in analysis, Synchro v9. NB - Northbound, SB -
Southbound, EB - Eastbound, WB - Westbound, LT - Left Turn, Crit. Mov't - Critical movement or critical approach.
Intersection Type of
Control
Peak
Hour
2019 Total
The stop controlled intersection of Bonita Road and 76th Avenue will continue to operate at
LOS `D` in the AM peak hour through the year 2019 total traffic scenario.
In the PM peak hour the stop controlled northbound approach operates at LOS `E` currently
and maintains this level through the year 2019 total traffic scenario.
On the private driveway north approach the service level will change from LOS `E` (existing
traffic) to LOS `F` in the year 2019 background (53.7” delay) and total traffic (55.1” delay)
scenarios. Although the service level for the driveway approach is failing it should be noted
that the LOS change is due to background traffic and therefore no mitigation is
recommended. In support of this recommendation the following findings are listed.
LOS change from `E` to `F` occurs on a private driveway approach and is due to
background traffic.
The north approach experiences low volumes totaling eight cars in the PM peak
hour.
The traffic queue analysis indicates vehicle stacking will not exceed one to two
vehicles on the southbound approach in the worst case.
The proposed housing development does not add any trips to the failing approach.
The intersection crash rate is 0.13 MEV/year and is not considered unsafe. Only four
crashes were reported at this location in the past five years.
___________________________________________________________________
Traffic Analysis Report May 12, 2016
Elderberry Subdivision SW 76th Avenue, Tigard
7
Charbonneau
Engineering LLC
Generally, LOS ‘A’, ‘B’, ‘C’, and ‘D’ are desirable service levels ranging from no vehicle
delays to average or longer than average delays in the peak hours. Level ‘E’ represents long
delays indicating signalization warrants need to be reviewed and signals considered only if
warrants are met. Level ‘F’ indicates that intersection improvements, such as widening and
signalization, may be required. According to the Highway Capacity Manual (HCM), the
following delay times are associated with the LOS at stop controlled unsignalized and
signalized intersections.
Level of Service criteria defined in the Highway Capacity Manual.
Level of Service Unsignalized Control Signalized Control
(LOS) Stopped Delay (sec/veh) Stopped Delay (sec/veh)
A 10 10
B > 10 and 15 > 10 and 20
C > 15 and 25 > 20 and 35
D > 25 and 35 > 35 and 55
E > 35 and 50 > 55 and 80
F > 50 > 80
QUEUING ANALYSIS & ACCESS SPACING
Queue lengths at the study intersection were analyzed using the Synchro v9 HCS
methodology. The year 2019 total traffic (AM & PM peak hours) queues on the stop
approaches at the study intersection will not exceed one to two vehicles.
The results indicate there will not be any safety or blocking issues associated with the
projected queuing conditions.
Copies of the queuing results are included in the appendix and are based on the 95th
percentile projected queue values.
SIGHT DISTANCE
Sight distance at the new access point with 79th Avenue will need to meet the AASHTO
standards in both sightline directions.
Based on the posted speed of 25 MPH the AASHTO standard requires that a sight distance of
280 feet be available. Review of the sight distance in the field showed that over 350 feet of
sightline is available.
It is important to maintain adequate sight distance in order to provide safe traffic operation.
The sight lines shall not become restricted due to the project development. Buildings,
___________________________________________________________________
Traffic Analysis Report May 12, 2016
Elderberry Subdivision SW 76th Avenue, Tigard
8
Charbonneau
Engineering LLC
parking, landscaping, signs, or other improvements shall not be positioned to restrict the sight
distance to below the City’s standards.
LEFT TURN LANE WARRANTS
Currently there is a westbound left turn lane on Bonita Road at 76th Avenue. A left turn lane
warrant analysis was not performed in this case.
TRAFFIC SIGNAL WARRANTS
The peak hour signal warrant presented in the Manual on Uniform Traffic Control Devices
(MUTCD) was reviewed for the intersection of Bonita Road at 76th Avenue. The signal
warrant is not met thorough the year 2019 total traffic scenario as the approach volumes on
Bonita Road and on 76th Avenue are far below the warrant values. Therefore, stop sign
control shall be maintained on the side street approach.
ACCIDENT HISTORY
Accident data for the four study intersections was provided by ODOT and reviewed to help
identify any traffic safety problems. The data covered a five-year study period in the years
2010 through 2014.
The crash rate presented in Table 3 is based on the number of crashes per million entering
vehicles (MEV) per year. Typically, an intersection is not considered unsafe unless the crash
rate exceeds the threshold of 1.0 accident per MEV.
None of the intersections analyzed experience a crash rate greater than 0.13 MEV and as a
result no safety mitigation is necessary.
Table 3 Crash Rate & Safety Results
Annual
Traffic
Entering
(veh/yr)
Bonita Road and SW 76th Avenue 5 4 0.8 6011850 0.13
* M.E.V. - million entering vehicles.
Accident
rate per
M.E.V.*
Intersection
Accident
History
(Years)
Number of
Accidents
Accidents
per year
PEDESTRIANS, BICYCLES, & BUSES
Currently there are sidewalks on Bonita Road and several of the local streets within the site’s
vicinity. With development of the project sidewalk will be built on the streets within the site
area and on the new access connection to 79th Avenue.
___________________________________________________________________
Traffic Analysis Report May 12, 2016
Elderberry Subdivision SW 76th Avenue, Tigard
9
Charbonneau
Engineering LLC
Bicycle lanes are not present within the immediate area except on Bonita Road. No
additional bicycle lanes will be constructed in association with the development.
Tri-Met provides bus service in the area including route #38-Boones Ferry Road with stops
located at Bonita Road and 72nd Avenue. Route #76-Beaverton/Tualatin has stops at the
intersection of Bonita Road and Hall Blvd.
APPENDIX
Vicinity Map Figure 'a'
Site Plan Figure 'b'
Lane Configuration and Traffic Control Figure 'c'
Traffic Flow Diagrams
Figure 1 2016 Existing Traffic (AM & PM peak hours)
Figure 2 Year 2019 Background Traffic
Figure 3 Trip Distribution
Figure 4 Trip Assignment
Figure 5 Year 2019 Total Traffic
Traffic Count Data
Peak Hour Signal Warrant
Accident History Summary (furnished by ODOT)
Capacity Analysis Worksheets (Synchro v9)
Total Vehicle Summary
SW 76th Ave & SW Bonita Rd
7:00 AM to 9:00 AM
15-Minute Interval Summary
7:00 AM to 9:00 AM
Interval Northbound Southbound Eastbound Westbound Pedestrians
Start SW 76th Ave SW 76th Ave SW Bonita Rd SW Bonita Rd Interval Crosswalk
Time L T R Bikes L T R Bikes L T R Bikes L T R Bikes Total North South East West
7:00 AM 2 0 3 0 2 0 2 0 0 215 0 1 2 34 0 0 260 7 20 1 1
7:15 AM 1 0 3 0 0 0 1 0 1 286 3 0 1 54 0 0 350 0 0 1 0
7:30 AM 5 0 2 0 1 0 0 0 0 238 2 0 1 76 0 0 325 1 0 0 0
7:45 AM 2 0 7 0 2 0 0 0 1 264 2 1 3 72 0 0 353 1 0 1 0
8:00 AM 3 0 3 0 0 0 4 0 1 228 3 2 2 95 0 0 339 1 1 0 0
8:15 AM 1 0 2 0 0 0 0 0 0 170 7 0 3 146 1 0 330 0 0 0 0
8:30 AM 1 0 2 0 0 0 1 0 0 116 4 1 5 280 2 0 411 0 2 0 0
8:45 AM 2 0 2 0 1 0 1 0 3 96 2 0 8 282 3 0 400 0 0 0 0
Total
Survey 17 0 24 0 6 0 9 0 6 1,613 23 5 25 1,039 6 0 2,768 10 23 3 1
Peak Hour Summary
8:00 AM to 9:00 AM
Northbound Southbound Eastbound Westbound Pedestrians
SW 76th Ave SW 76th Ave SW Bonita Rd SW Bonita Rd Total Crosswalk
In Out Total Bikes In Out Total Bikes In Out Total Bikes In Out Total Bikes North South East West
Volume 16 34 50 0 7 10 17 0 630 816 1,446 3 827 620 1,447 0 1,480 1 3 0 0
%HV 0.0% 0.0% 1.0% 1.6% 1.3%
PHF 0.67 0.44 0.68 0.71 0.90
Tuesday, March 01, 2016
By
Approach
Clay Carney
(503) 833-2740
4
610
16
6
803
18
97
0 16
1
3
0
1634
InOut
107
OutIn
630In
816Out
Out620
In827
0.71PHF
1.6%HV
0.68PHF
1.0%HV
Peak Hour Summary
8:00 AM to 9:00 AM
Northbound Southbound Eastbound Westbound
SW 76th Ave SW 76th Ave SW Bonita Rd SW Bonita Rd Total
L T R L T R L T R L T R
Volume 7 0 9 1 0 6 4 610 16 18 803 6 1,480
%HV 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.0% 0.0% 0.0% 1.6% 0.0%1.3%
PHF 0.58 0.00 0.75 0.25 0.00 0.38 0.33 0.67 0.57 0.56 0.71 0.50 0.90
Rolling Hour Summary
7:00 AM to 9:00 AM
Interval Northbound Southbound Eastbound Westbound Pedestrians
Start SW 76th Ave SW 76th Ave SW Bonita Rd SW Bonita Rd Interval Crosswalk
Time L T R Bikes L T R Bikes L T R Bikes L T R Bikes Total North South East West
7:00 AM 10 0 15 0 5 0 3 0 2 1,003 7 2 7 236 0 0 1,288 9 20 3 1
7:15 AM 11 0 15 0 3 0 5 0 3 1,016 10 3 7 297 0 0 1,367 3 1 2 0
7:30 AM 11 0 14 0 3 0 4 0 2 900 14 3 9 389 1 0 1,347 3 1 1 0
7:45 AM 7 0 14 0 2 0 5 0 2 778 16 4 13 593 3 0 1,433 2 3 1 0
8:00 AM 7 0 9 0 1 0 6 0 4 610 16 3 18 803 6 0 1,480 1 3 0 0
16
0.67 0.71
827
0.68
630
0.44
7
1.6%1.0%
By
Movement Total TotalTotalTotal
0.0%0.0%
Heavy Vehicle Summary
SW 76th Ave & SW Bonita Rd
7:00 AM to 9:00 AM
Heavy Vehicle 15-Minute Interval Summary
7:00 AM to 9:00 AM
Interval Northbound Southbound Eastbound Westbound
Start SW 76th Ave SW 76th Ave SW Bonita Rd SW Bonita Rd Interval
Time L T R Total L T R Total L T R Total L T R Total Total
7:00 AM 0 0 0 0 0 0 0 0 0 3 0 3 0 2 0 2 5
7:15 AM 0 0 0 0 0 0 0 0 0 3 0 3 0 3 0 3 6
7:30 AM 0 0 0 0 0 0 0 0 0 5 1 6 0 4 0 4 10
7:45 AM 0 0 0 0 1 0 0 1 1 2 1 4 0 2 0 2 7
8:00 AM 0 0 0 0 0 0 0 0 0 1 0 1 0 7 0 7 8
8:15 AM 0 0 0 0 0 0 0 0 0 4 0 4 0 3 0 3 7
8:30 AM 0 0 0 0 0 0 0 0 0 1 0 1 0 1 0 1 2
8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 2 2
Total
Survey 0 0 0 0 1 0 0 1 1 19 2 22 0 24 0 24 47
Heavy Vehicle Peak Hour Summary
8:00 AM to 9:00 AM
Northbound Southbound Eastbound Westbound
SW 76th Ave SW 76th Ave SW Bonita Rd SW Bonita Rd
In Out Total In Out Total In Out Total In Out Total
Volume 0 0 0 0 0 0 6 13 19 13 6 19 19
PHF 0.00 0.00 0.12 0.25 0.19
Tuesday, March 01, 2016
By
Approach Total
0
6
0
0
13
0
00
0 00
0
00
InOut
00
OutIn
6In
13Out
Peak Hour Summary
8:00 AM to 9:00 AM
Clay Carney
(503) 833-2740
Northbound Southbound Eastbound Westbound
SW 76th Ave SW 76th Ave SW Bonita Rd SW Bonita Rd
L T R Total L T R Total L T R Total L T R Total
Volume 0 0 0 0 0 0 0 0 0 6 0 6 0 13 0 13 19
PHF 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.14 0.00 0.12 0.00 0.25 0.00 0.25 0.19
Heavy Vehicle Rolling Hour Summary
7:00 AM to 9:00 AM
Interval
Start Interval
Time L T R Total L T R Total L T R Total L T R Total Total
7:00 AM 0 0 0 0 1 0 0 1 1 13 2 16 0 11 0 11 28
7:15 AM 0 0 0 0 1 0 0 1 1 11 2 14 0 16 0 16 31
7:30 AM 0 0 0 0 1 0 0 1 1 12 2 15 0 16 0 16 32
7:45 AM 0 0 0 0 1 0 0 1 1 8 1 10 0 13 0 13 24
8:00 AM 0 0 0 0 0 0 0 0 0 6 0 6 0 13 0 13 19
By
Movement Total
SW 76th Ave SW 76th Ave SW Bonita Rd
Northbound Southbound Eastbound
SW Bonita Rd
Westbound
0
6
0
0
13
0
00
0 00
0
00
InOut
00
OutIn
6In
13Out
Peak Hour Summary
8:00 AM to 9:00 AM
Clay Carney
(503) 833-2740
Peak Hour Summary
8:00 AM to 9:00 AM
Tuesday, March 01, 2016
7 10
6 0 1
6
0 816 á 803 827 0
18
SW Bonita Rd
0 0
SW 76th Ave & SW Bonita Rd
0Bikes
0
Bikes
1Peds
Clay Carney
(503) 833-2740
4
0 630 610 620 0
16
7 0 9
34 16
Count Period: 7:00 AM to 9:00 AM
0
1.3%
7
1,480
SW Bonita Rd
Approach HV%PHF Volume
NB 0.67 0.0% 16
SB 0.44 0.0%
Intersection 0.90
EB 0.68 1.0%
0
630
827WB0.71 1.6%
0Bikes
0
Bikes
1Peds
Clay Carney
(503) 833-2740
0
Bikes
3Peds
3Bikes
Total Vehicle Summary
SW 76th Ave & SW Bonita Rd
4:00 PM to 6:00 PM
15-Minute Interval Summary
4:00 PM to 6:00 PM
Interval Northbound Southbound Eastbound Westbound Pedestrians
Start SW 76th Ave SW 76th Ave SW Bonita Rd SW Bonita Rd Interval Crosswalk
Time L T R Bikes L T R Bikes L T R Bikes L T R Bikes Total North South East West
4:00 PM 1 0 2 0 2 0 2 0 2 111 5 0 4 255 3 0 387 4 2 0 0
4:15 PM 3 0 2 0 0 0 3 0 1 138 4 0 5 237 1 0 394 0 0 0 0
4:30 PM 4 0 3 0 2 0 4 0 2 106 5 0 0 266 1 0 393 2 1 0 0
4:45 PM 4 0 2 0 0 0 0 0 0 105 3 0 4 277 1 0 396 3 0 0 0
5:00 PM 4 0 2 0 3 0 0 0 1 114 4 0 4 282 1 0 415 0 0 0 0
5:15 PM 3 0 0 0 2 0 0 0 1 104 9 0 7 292 2 0 420 2 0 0 0
5:30 PM 1 0 2 0 0 0 1 0 0 116 4 1 5 280 2 0 411 0 2 0 0
5:45 PM 2 0 2 0 1 0 1 0 3 96 2 0 8 282 3 0 400 0 0 0 0
Total
Survey 22 0 15 0 10 0 11 0 10 890 36 1 37 2,171 14 0 3,216 11 5 0 0
Peak Hour Summary
5:00 PM to 6:00 PM
Northbound Southbound Eastbound Westbound Pedestrians
SW 76th Ave SW 76th Ave SW Bonita Rd SW Bonita Rd Total Crosswalk
In Out Total Bikes In Out Total Bikes In Out Total Bikes In Out Total Bikes North South East West
Volume 16 43 59 0 8 13 21 0 454 1,148 1,602 1 1,168 442 1,610 0 1,646 2 2 0 0
%HV 0.0% 0.0% 0.9% 0.3% 0.5%
PHF 0.67 0.67 0.95 0.97 0.98
Tuesday, March 01, 2016
By
Approach
Clay Carney
(503) 833-2740
5
430
19
8
1,136
24
610
0 62
2
2
0
1643
InOut
138
OutIn
454In
1,148Out
Out442
In1,168
0.97PHF
0.3%HV
0.95PHF
0.9%HV
Peak Hour Summary
5:00 PM to 6:00 PM
Northbound Southbound Eastbound Westbound
SW 76th Ave SW 76th Ave SW Bonita Rd SW Bonita Rd Total
L T R L T R L T R L T R
Volume 10 0 6 6 0 2 5 430 19 24 1,136 8 1,646
%HV 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.9% 0.0% 0.0% 0.4% 0.0%0.5%
PHF 0.63 0.00 0.75 0.50 0.00 0.50 0.42 0.93 0.53 0.75 0.97 0.67 0.98
Rolling Hour Summary
4:00 PM to 6:00 PM
Interval Northbound Southbound Eastbound Westbound Pedestrians
Start SW 76th Ave SW 76th Ave SW Bonita Rd SW Bonita Rd Interval Crosswalk
Time L T R Bikes L T R Bikes L T R Bikes L T R Bikes Total North South East West
4:00 PM 12 0 9 0 4 0 9 0 5 460 17 0 13 1,035 6 0 1,570 9 3 0 0
4:15 PM 15 0 9 0 5 0 7 0 4 463 16 0 13 1,062 4 0 1,598 5 1 0 0
4:30 PM 15 0 7 0 7 0 4 0 4 429 21 0 15 1,117 5 0 1,624 7 1 0 0
4:45 PM 12 0 6 0 5 0 1 0 2 439 20 1 20 1,131 6 0 1,642 5 2 0 0
5:00 PM 10 0 6 0 6 0 2 0 5 430 19 1 24 1,136 8 0 1,646 2 2 0 0
16
0.67 0.97
1,168
0.95
454
0.67
8
0.3%0.9%
By
Movement Total TotalTotalTotal
0.0%0.0%
Heavy Vehicle Summary
SW 76th Ave & SW Bonita Rd
4:00 PM to 6:00 PM
Heavy Vehicle 15-Minute Interval Summary
4:00 PM to 6:00 PM
Interval Northbound Southbound Eastbound Westbound
Start SW 76th Ave SW 76th Ave SW Bonita Rd SW Bonita Rd Interval
Time L T R Total L T R Total L T R Total L T R Total Total
4:00 PM 0 0 0 0 0 0 0 0 0 2 0 2 0 3 0 3 5
4:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 4 0 4 4
4:30 PM 0 0 0 0 0 0 0 0 0 1 0 1 0 3 0 3 4
4:45 PM 0 0 0 0 0 0 0 0 0 2 0 2 0 1 0 1 3
5:00 PM 0 0 0 0 0 0 0 0 0 2 0 2 0 1 0 1 3
5:15 PM 0 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 1
5:30 PM 0 0 0 0 0 0 0 0 0 1 0 1 0 1 0 1 2
5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 2 2
Total
Survey 0 0 0 0 0 0 0 0 0 9 0 9 0 15 0 15 24
Heavy Vehicle Peak Hour Summary
5:00 PM to 6:00 PM
Northbound Southbound Eastbound Westbound
SW 76th Ave SW 76th Ave SW Bonita Rd SW Bonita Rd
In Out Total In Out Total In Out Total In Out Total
Volume 0 0 0 0 0 0 4 4 8 4 4 8 8
PHF 0.00 0.00 0.20 0.10 0.15
Tuesday, March 01, 2016
By
Approach Total
0
4
0
0
4
0
00
0 00
0
00
InOut
00
OutIn
4In
4Out
Peak Hour Summary
5:00 PM to 6:00 PM
Clay Carney
(503) 833-2740
Northbound Southbound Eastbound Westbound
SW 76th Ave SW 76th Ave SW Bonita Rd SW Bonita Rd
L T R Total L T R Total L T R Total L T R Total
Volume 0 0 0 0 0 0 0 0 0 4 0 4 0 4 0 4 8
PHF 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.20 0.00 0.20 0.00 0.10 0.00 0.10 0.15
Heavy Vehicle Rolling Hour Summary
4:00 PM to 6:00 PM
Interval
Start Interval
Time L T R Total L T R Total L T R Total L T R Total Total
4:00 PM 0 0 0 0 0 0 0 0 0 5 0 5 0 11 0 11 16
4:15 PM 0 0 0 0 0 0 0 0 0 5 0 5 0 9 0 9 14
4:30 PM 0 0 0 0 0 0 0 0 0 6 0 6 0 5 0 5 11
4:45 PM 0 0 0 0 0 0 0 0 0 6 0 6 0 3 0 3 9
5:00 PM 0 0 0 0 0 0 0 0 0 4 0 4 0 4 0 4 8
By
Movement Total
SW 76th Ave SW 76th Ave SW Bonita Rd
Northbound Southbound Eastbound
SW Bonita Rd
Westbound
0
4
0
0
4
0
00
0 00
0
00
InOut
00
OutIn
4In
4Out
Peak Hour Summary
5:00 PM to 6:00 PM
Clay Carney
(503) 833-2740
Peak Hour Summary
5:00 PM to 6:00 PM
Tuesday, March 01, 2016
8 13
2 0 6
8
0 1148 á 1136 1168 0
24
SW Bonita Rd
0 0
SW 76th Ave & SW Bonita Rd
0Bikes
0
Bikes
2Peds
Clay Carney
(503) 833-2740
5
0 454 430 442 0
19
10 0 6
43 16
Count Period: 4:00 PM to 6:00 PM
0
0.5%
8
1,646
SW Bonita Rd
Approach HV%PHF Volume
NB 0.67 0.0% 16
SB 0.67 0.0%
Intersection 0.98
EB 0.95 0.9%
0
454
1,168WB0.97 0.3%
0Bikes
0
Bikes
2Peds
Clay Carney
(503) 833-2740
0
Bikes
2Peds
1Bikes
City of Tigard
Memorandum – Agenda Item #7
To: President Calista Fitzgerald and Planning Commissioners
From: Gary Pagenstecher, Associate Planner
Re: 76th Avenue Vacation, VAC2016-00002
Date: January 23, 2017
Proposal Description:
The Applicant requests approval of a street vacation for a 3,485 square foot portion of SW 76th
Avenue located south of Bonita Road at the terminus of the currently improved right -of-way. The
applicant has applied for Planned Development Review (PDR2016 -00009) for a 40-lot subdivision
and has included the proposed vacation into the development plans as Lots 16 and 17.
Compliance Review:
Staff has found that the proposal is in compliance with the Tigard comprehensive plan and
development code. The proposed vacation is addressed in the findings in the Staff Report and
recommendation to approve the proposed Elderberry Ridge Planned Development, which is also
before you this evening and includes the following condition of approval:
6. Prior to any site work, the applicant shall su bmit the results of the City Council’s decision on the
applicant’s 76th Avenue street vacation request. Provided the City Council grants the proposed
vacation of a 3,485 square foot portion of SW 76th Avenue right -of-way, proposed lots 16 and 17
can be approved, as proposed. However, if the street vacation is not granted by Council, the
applicant shall revise the preliminary plat to show the existing right-of-way and to reconfigure the
lots accordingly.
Staff Recommendation:
Staff recommends approval of the proposed SW 76th Avenue Vacation. The subject vacation is
proposed to be effective immediately before or concurrent wi th the Final Plat recording of
Elderberry Ridge, PDR 2016-00009.