PDR1995-00003 Decision - FOUNTAINWOOD
CI OF TIGARD
NOTICE OF DECISION
DETAILED PLANNED DEVELOPMENT REVIEW (PDR) 95-0003
FOUNTAINWOOD CONDOMINIUMS
1. APPLICATION SUMMARY
CASES: FILE NAME: FOLWAI MOD Q0NDaMINIUk
Planned Development Review PDR 5-0003
Site Development Review SDR 95-0009
REQUEST: A development request for Detailed Planned Development Review to allow the
construction of 12 town house units which was previously approved as a
Conceptual Planned Development.
APPLICANT: Conrad Custom Homes
Cliff Conrad
P.Q. Box 764
Lake Oswego, OR 97034
`)WNER(S): Same
COMPREHENSIVE
PLAN
DESIGNATION: Medium-High Density Residential (13-25 dwelling units, per acre).
ZONING
DESIGNATION: Multiple-Family Residential (R-25). The R-25 zone permits low and medium rise
multiple-family residential units to be developed at up to 25 units per acre.
LOCATION: 11000 SW Naeve Street. The south side of SW Naeve Street, south of the
proposed Triad Development. The property is west of 109th Street within the
Summerfield Development (WCTM 2S1 10DB, tax lot 900).
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.80.
II. DECISION
Notice is hereby given that the Planning Director for the City of Tigard has
APPROVED the Planned Development Detailed Plan.
The findings and conclusions on which the decision is based are found in Section IV.
DETAILED PLANNED DEVELOPMENT REVIEW SDR 9 a-00091PDR 95-0003 - FOUNTAINWOOD CONDOMINIUMS PAGE 1
111 BACK ROL)ND INFORMATION
H into
The site has been zoned for Medium-High Density Residential, R-25 since the Comprehensive Plan
was adapted. The site is presently developed with a single family residence. The City has no record of
any more recent development applications for this site.
On July 17, 1995 the Planning Commission conducted a Public Nearing concerning this application.
Based on the public testimony the Planning Commission approved this application with a modification
to Condition of Approval 15(h) which requires the applicant to provide access either to SW Willowbrook
drive or SW Naeve Street.
Vicini Inf rrna i n
The subject property is located along the south side of SW Naeve Street to the west of 199th Street.
Immediately to the north of SW Naeve Street is an area which in recent years has been proposed to be
developed with the 348 unit Triad Apartment project.
To the east and south, the site is adjoined by the Fountains at Summer field which is an existing 100-
unit senior condominium project within a portion of the larger Surnmerfield Retirement Community. To
the west the site is adjoined by detached single family residences which are also within the
Summerf•Teld Retirement Community.
Site Information
The site is approximately 1.1 acres and is presently developed with a detached single family residence.
The property has approximately a three percent slope towards private street SW Willowbrook Drive
which presently serves the Fountains Condominiums at Surnmerfield Development. Much of the
development is encircled by existing trees which are proposed to be incorporated into the site to the
extent passible.
Proposal Description
The applicant has applied for Detailed Plan approval for the Fountainwoods Development of the Conceptual
Planned Development which was previously approved by the Planning Commission subject to Conditions of
Approval
IV. APPLICABLE REVIEW CRITERIA
Section 18.89,920G)(1 (a-e) Detailed Planned Development provides standards for review of Detailed
Planned Developments to determine substantial compliance with previous approved Conceptual
Planned Developments. The applicant has addressed these standards as follows through the Detailed
Plan submittal:
DETAILED PLANNED DEVELOPMENT REVIEW SDR 95-00091PDR 95-0003 - FOUNTAiNWOOD CONDOMINIUMS PAGE 2
1. The change increases the residential densities, the lot coverage by buildings or reduces
the amount of parking; The Detailed Development Plan did not increase residential density.
The lot coverage by buildings has not been increased, and parking areas have not been
decreased through the preparation of construction documents.
2. The change reduces the amount of open space and landscaping; The Detailed
Development Plan did not reduce the amount of landscaping or open space.
3. The change involves a change of use; The Detailed Development Plan did not change the
proposed type of residential use.
4. The change commits land to development which is environmentally sensitive or subject
to a potential hazard; and This site has not been found to be environmentally sensitive or
subject to potential hazard. The site does not contain steep slope areas, drainage ways, 100-
year flood plains, or wetland areas.
5. The change involves a major shift in the location of buildings, proposed streets, parking
lot configuration, utility easements, landscaping, or other site improvements; The
applicant has not proposed a shift in the location of the site improvements.
The Planning Commission previously approved this development subject to the followin
conditions, of approval. The applicant has addressed these conditions within the Detailed
Planned Development.
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOVIINC
CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED:
1. Full width street improvements, including traffic control devices, mailbox clusters,
concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary
sewers, storm drainage, streetlights, and underground utilities shall be installed within
the proposed condominium project. STAFF CONTACT: John Hagman, Engineering
Department. This requirement can be complied with or financially secured prior to issuance
of Building Permits.
. Standard half-street improvements, including concrete sidewalk, driveway apron,
curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and
underground utilities shall be installed along the SW Naeve Street frontage.
Improvements shall be designed and constructed to local street standards and shall
conform to the alignment of existing adjacent improvements or to an alignment
approved by the Engineering Department. STAFF CONTACT: John Hagman,
Engineering Department. This requirement can be complied with or financially secured
prior to issuance of Building Permits.
DETAILED PLANNED DEVELOPMENT REVIEW SDR 95-00091PDR 95-0093 - FOUNTAINWOOD CONDOMINIUMS PAGE 3
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3. The applicant shall provide copies of the recorded easements for sewer and drainage
across the property to the south, Tax Lot 9000 (2S'I IODE), together with the submittal
for the public works improvement permit ,application. In addition, the applicant shall
submit detailed TV inspection reports of the existing line that is to be dedicated to the
City for review and approval of the Maintenance Department. STAFF CONTACT: Brian
Rager, Engineering Department. This requirement can be complied with or financially
secured prior to issuance of Building Permits.
4. Three sets of detailed public improvement plans and profile construction drawings
shall be submitted for preliminary review to the Engineering Department. Seven (7)
sets of approved drawings and one (1) itemized construction cost estimate, all
prepared by a Professional Engineer, shall be submitted for final review and approval
(NOTE: these plans are in addition to any drawings required by the Building Division
and should only include sheets relevant to public improvements. STAFF CONTACT;
John Hagman, Engineering Department. This requirement can be complied with or
financially secured prior to issuance of Building Permits.
5. The applicant shall revise the final site plan to provide an emergency access
connection to SW Naeve Street in accordance with the requirements of the Fire
Marshal and provide written confirmation of that approval prior to the issuance of a
public works improvement permit. STAFF CONTACT: Brian Rager, Engineering
Department. This requirement can be complied with or financially secured prior to issuance
of Building Permits.
6. The applicant shall pay the fees as established under the guidelines of Unified
Sewerage Agency Resolution and Carder No. 91-47. -NOTE, This is a two part fee
which is paid at different times. The first part i paid with any associated public
improvements which is for that portion of the development which increases the
impervious area within the public right-of-way. The second part is paid at Building
Permit issuance which is for each individual lot. This requirement can be complied with
or financially secured prior to issuance of Building Permits.
7. The applicant shalt design and construct the private storm drain system in accordance
with the City standards. STAFF CONTACT: Greg Berry, Engineering Department. This
requirement can be complied with or financially secured prior to issuance of Building Permits.
8. The applicant shall demonstrate that storm drainage runoff can be discharged into the
existing underground system without significantly impacting properties downstream.
STAFF CONTACT: Greg Berry, Engineering Department.. This requirement can be
complied with or financially secured prior to issuance of Building Permits.
9. An erosion control plan shall be provided as part of the public improvement drawings.
The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook,
November 1989. This requirement can be complied with or financially secured prior to
issuance of Building Permits.
DETAILED PLANNED DEVELOPMENT REVIEW SDR 95-00091PDR 96-0003 - FOUNTAINWOOD CONDOMINIUMS PAGE 4
10. The applicant shall make an appointment for a pre-construction meeting with the City
of Tigard Engineering Department after approval of the public improvement plans but
before starting work on the site. The applicant, the applicant's engineer, and
contractor shall be required to attend this meeting prior to receiving the approved
plans and permits. STAFF CONTACT: Brian Rager, Engineering Department This
requirement can be complied with or financially secured prior to issuance of Building Permits.
11. Construction of the proposed public improvements and issuance of Building Permits
shall not commence until after the Engineering Department has reviewed and
approved the public improvements plans, a street opening permit or construction
compliance agreements has been executed, execution of a developer-engineer
agreement and payment of all permit fees. STAFF CONTACT: John Hagman,
Engineering Department. This requirement can be complied with or financially secured
prier to issuance of Building Permits.
fit. Prior to the plat being recorded with Washington County the applicant shall provide a
100 percent performance bond. As an alternative the applicant may have the plat
recorded after the public improvements have been accepted by the City of Tigard and
has posted the appropriate Maintenance Bond. This requirement can be complied with or
financially secured prier to issuance of Building Permits.
13. The applicant shall provide for the joint use and maintenance of the private street and
each deed shall include notice of this requirement. The maintenance shall be
provided by either a bonded maintenance agreement or by the creation of a
homeowners association responsible for the maintenance, or by attachment of this
project to the contiguous Fountains Condominium project. STAFF CONTACT: Brian
Rager, Engineering Department. This requirement can be complied with or financially
secured prior to issuance of Building Permits.
14. The applicant shall place the existing overhead wires along the SW Naeve Street
frontage underground or pay the fee in-lieu of undergrounding. This requirement can
be complied with or financially secured prior to issuance of Building Permits.
95. Devised site and landscape plans and/or studies shall be submitted for review and
approval by the Planning Division. STAFF CONTACT: Mark Roberts, Planning
Division.
a. The applicant shall submit an application for the Detailed Planned Development
review stage of the entire development. This application complies with this requirement.
b. The plan shall be revised to indicate the scale on which the drawing is based in order
to review building heights. Based on the scale the plans were drawn on the building
heights comply with the applicable standards.
C. The landscape plan within the buffer area shall be revised to provide a minimum of the
following design features;
DETAILED PLANNED DEVELOPMENT REVIEW SDR 95-00091PDR 95-0003 - FOUNTAINUti OOD, CONDOMINIUMS WAGE 5
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1) The applicant shall revise the landscape plan to indicate the size and spacing of
the shrubs to be planted. The plan has been revised to reflect this requirement.
2) The plan shall be revised to add trees to fill in gaps. The plan has been revised to
reflect this requirement.
3) The plan shall be revised to provide either a five foot or taller wood fence or a
row of evergreen shrubs which will form a four foot continuous height screen
within two years of planting along the easterly property line. If a fence is to b
used the applicant shall provide a report from a certified arborist discussing the
fence post locations impact on the existing root systems. The plan has been
revised to reflect this requirement.
d. Additional street trees shall be added to meet the requirement. The landscape plan
shall be also more clearly indicate which trees are existing and which are proposed.
The plan has been revised to reflect this requirement.
e. The plan shall be revised to provide a minimum of two bicycle racks, The plan has
been revised to reflect this requirement.
f. All existing trees to be incorporated into this new development shall have their
branches trimmed between the height of three and eight feet above the abutting
ground level elevations within the Clear Vision Area. This requirement can be met prior
to Certificate of Occupancy
g. The applicant is required to comply with the franchise hauler method of complying
with waste disposal and recycling plan options. Contact Lenny Hing with Pride
Disposal at 625-6177 who will conduct this review. This requirement was determined to
be not applicable to this development as each unit can be served separately.
h. The site is required to be accessed from either SVV Willowbrook Drive or SW Naeve
Street but not both streets. The applicant may revise the plan to provide gated
vehicular and pedestrian to SW aeve Street For safety reasons this access shall be
designed to allow waiting vehicles to be entirely out of the S Naeve Street right-of-
way when accessing the site from the public street. In, the event that the project
cannot access SW Willowbrook Drive, the gated access requirement for ingress and
egress to SW ldaeve Street may be eliminated. The applicant has designed the
development to have access exclusively from SW Naeve Street.
DETAILED PLANNED DEVELOPMENT REVIEW SIR 95-0009/PDR 95-0003 - FOUNTAINWOOD CONDOMINIUMS PAGE 6
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO THE ISSUANCE OF OCCUPANCY
16. "No Parking" signs shall be posted along the proposed Fountainwood Court private
street. The "No Parking" requirement will be strictly enforced. STAFF CONTACT:
Kelley Jennings, Police Department. This requirement can be enforced prior to issuance
of occupancy permits for this development.
17. All site improvements shall be installed and maintained pursuant to the revised site
and landscape plans. STAFF CONTACT: Mark Roberts, Associate Planner. This
requirement is an obligation of the development and will be reviewed on a continuing basis.
IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS
OF THE COMMUNITY DEVELOPMENT CODE, THIS IS NOT AN EXCLUSIVE LIST.
SECTION 18.160.170 Improvement Agreement
Before City approval is certified on the final plat, and before approved construction plans are
issued by the City, the Subdivider shall:
1. Execute and file an agreement with the City Engineer specifying the period within
which all required improvements and repairs shall be completed; and
2. Include in the agreement provisions that if such work i not completed within the
period specified, the City may complete the work and recover the full cast and
expenses from the subdivider.
The agreement shall stipulate improvement fees and deposits as may be required to be paid and
may also provide for the construction of the improvements in stages and for the extension of
time under specific conditions therein stated in the contract.
SECTION 18.160.180 Band
1) As required by Section 18.160.170, the subdivider shall file with the agreement an
assurance of performance supported by one of the following:
a) An irrevocable letter of credit executed by a financial institution authorized to
transact business in the State of Oregon;
b) A surety bond executed by a surety company authorized to transact business in
the State of Oregon which remains in farce until the surety company is notified by
the City in writing that it may be terminated; or
c) Cash.
2) The subdivider shall furnish to the City Engineer an itemized improvement estimate,
certified by a registered civil engineer, to assist the City Engineer in calculating the
amount of the performance assurance.
DETAILED PLANNED DEVELOPMENT REVIEW SDR 95-00091PDR 96-0003 - FC" UNTAINWOOD CONDOMINIUMS PAGE 7
3) The subdivider shall not cause termination of nor allow expiration of said guarantee
without having first secured written authorization from the City.
SECTION 18.160.190 Filing and Recording
1) Within 60 days of the City review and approval, the applicant shall submit the final plat to the
County for signatures of County officials a required by ORS Chapter 92.
2) Upon final recording with the County, the applicant shall submit to the City a mylar copy of
the recorded final plat.
SECTION 18.162.080 Final Plat Application Submission Requirements
1) Three copies of the partition plat prepared by a land surveyor licensed to practice in Oregon,
and necessary data or narrative.
2) The partition plat and data or narrative shall be drawn to the minimum standards set forth by
the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
3) Street centerline monumentation shall be provided as follows:
a) Centerline Monumentation
In accordance with Oregon Reprised 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.
) Curve points, beginning and ending points (PC's and PT's).
b) Monument Boxes Required
1) Monument boxes conforming to City standards will be required around all
centerline intersection points, cul-de-sac center points, and curve points.
2) The tops of all monument bones shall be set to finished pavement grade.
STAFF CONTACT; John Hadley, Engineering Department
SECTION 18.164.120 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
DETAILED PLANNED DEVELOPMENT REVIEW SDR 95-0009tPDR 95-0003 - FOUNTAINWOOD CONDOMINIUMS PAGE 8
i
may be placed above ground, temporary utility service facilities during construction, high
capacity electric lines operating at 50,000 volts or above.
SECTION 18.164.130 Cash or Bond Required
1) 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.
2) 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.
3) The Cash or bond shall comply with the terms and conditions of Section 18.160.180.
SECTION 18.164.150 Installation Prerequisite/Permit Fee
No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks,
curbs, lighting or other requirements shall be undertaken except after the plans therefor have
been approved by the City, permit fee paid and permit issued.
SECTION 18.164.180 Notice to City Pequired
1) Work shall not begin until the City has been notified in advance.
2) If work is discontinued for any reason, it shall not be resumed until the City is notified.
SECTION 18.164.2001 Engineer's Certification Required
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 the City acceptance of the
subdivision's improvements or any portion thereof for operation and maintenance. The
applicable portions of these requirements can be complied with or financially secured prior to the
issuance Building Permits.
V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
The applicant and owners
X Owners of record within the required distance
X Affected government agencies
DETAILED PLANNED DEVELOPMENT REVIEW SDR 95-00091PDR 95-0003. FOUN`rAINWOOD CONDOMINIUMS PAGE 9
Final Decision:
THE DECISION SHALL BE FINAL ON MARCH 4, 1996
UNLESS AN APPEAL IS FILED.
Appeal:
Any party to the decision may appeal this decision in accordance with Section 18.32.299{A} and
Section 18.32.370 of the Community Development Code which provides that a written appeal must be
filed with the City Recorder within 10 days after notice is given and sent. The appeal fee schedule and
forms are available from the Panning Division at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon
97223.
The deadline for fling of an appeal is 3:30 p.m. on 'larch 4, 1996.
Questions:
If you have questions, please call the City of Tigard Planning Department, City of Tigard City Hall,
13125 S Hall Boulevard, Tigard, Oregon at 503-639-4171.
2/20/96
PREPARED BY: Mark Roberts DATE
Associate Planner
2/20/96
APPROVED BY: Richard BewesIsdorf, DATE
Senior Planner
i
DETAILED PLANNED DEVELOPMENT REVIEW SDR 95-OOOSIPOR 95-0003 - FOUNTAINWOOD CONDOMINIUMS PAGE 10
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