SUB2005-00013 Decision - ARBOR POINTE 2 SUBDIVISION
NOTICE OF TYPE II DECISION
"URBAN SERVICE AREA''
SUBDIVISION (SUB) 2005-00013
CITY OF TIGARD
Community Development
VOLPE SUBDIVISION shapingA0etterCommunity
120 DAYS = 11126/2005
SECTION 1. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: VOLPE SUBDIVISION
CASE NOS.: Subdivision (SUB) SUB2005-00013
Sensitive Lands Review (SLR) SLR2005-00012
Adjustment VAR VAR2005-00047
Adjustment (VAR) VAR2005-00071
REQUEST: A request for subdivision approval to create 49, single-family lots rangin in size
between 4,100 and 7,396 square feet (5,013 square feet on average on an
approximately 9.7 acre site. The applicant has requested sensitive lands review
for the jurisdictional wetland that bisects the site in a northeasterly direction. An
adjustment to the proposed grade of SW Dekalb Street is also requested to
exceed the maximum grade of 15% on a local street (17% is proposed).
APPLICANT: Marshall Real Estate Development, LLC OWNER: Same
George J. Marshall
PO Box 91249
Portland, OR 97291
COMPREHENSIVE
PLAN
DESIGNATION: R-7; Single-Family, Medium-Density Residential.
ZONE: R-7 Medium Densit Residential. The R-7 zoning district is designed to
accommodate attached sing e- ami y 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.
LOCATION: 16480 SW Bull Mountain Road; WCTM 2S108BC, Tax Lots 12100 and 12200
(South of SW Bull Mountain Road` at SW 164th Avenue).
APPLICABLE
CRITERIA: Community Development Code Chapters 18.370 (Variances and Adjustments)
18.390 (Decision Making Procedures 18.430 (Subdivision); 18.510 (Residential
Zoning Districts); 18.7(75 (Access, press and Circulation)- 18.715 (Densit
Computation); 18.745 (LandscU`8'10 g and Screening); 18.765 (bff-Street Parking};
18.790 (Tree Removal); 18.795 isual Clearance Areas)- 18.775 (Sensitive Lands
Review) 18.780 (Signs), and (Street and Utility Improvement Standards);
and the I3ull Mountain Community Plan.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions of approval. The findings and conclusions
on which the decision is based are noted in Section VI of this Decision.
NOTICE OF DECISION PAGE 1 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE
IMPROVEMENTS, INCLUDING DEMOLITION, GRADING, CLEARING, EXCAVATION AND/OR
FILL ACTIVITIES:
The applicant shall prepare a cover letter and submit it, along with any supporting ocuments
and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,
ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly
identify where in the submittal the required information is found:
1. Prior to commencing on site improvements, the applicant shall submit written evidence of TVFR
approval for the proposed street grades. If such approval cannot be obtained, then the
construction documents shall be revised to show a compliant street grade profile, and that the
additional fill will be contained outside the wetland and buffer area.
2. Prior to commencing on site improvements, the applicant shall submit revised construction
documents that show additional trees planted along the west and south property boundaries of
the subject site, in the locations where lots are proposed.
3. Submit a revised street utility plan that shows the location, species, and size (minimum 2-inch
caliper) of required street trees along the public and private streets per the City's spacing
standards of Section 18.745.040(C). Selection of the tree species will be in accordance with
the City Street Tree list and the City Forester's recommendations.
4. Submit an erosion control plan that identifies areas for re-vegetation, topsoil storage areas,
methods of replanting and topsoil restoration in accordance with Section 18.745.060 and CWS
standards.
5. Prior to site work, the applicant shall reiterate and adhere to the City Forester's tree protection
guidelines outlined in this decision in the construction documents.
6. Prior to any site work, the applicant shall apply for and obtain tree removal permits for the trees
within the wetland area that are in the sewer line alignment. Alternately, if the applicant revises
this alignment to not require any tree removals, then this condition shall not apply.
7. Prior to commencing site work, the applicant shall submit a cash assurance for the equivalent
value of mitigation required. If additional trees are preserved through the subdivision
improvements and construction of houses, and are properly protected through these stages by
the same measures afforded to other protected trees on site, the amount of the cash assurance
may be correspondingly reduced. Any trees planted on the site or off site in accordance with
18.790.060 (D) will be credited against the cash assurance, for two years following final plat
approval. After such time, the applicant shall pay the remaining value of the cash assurance as a
fee in lieu of planting.
8. Prior to commencing any site work, the applicant shall submit construction drawings that
include the approved Tree Removal, Protection and Landscape Plan. The plans shall also
include a construction sequence including installation and removal of tree protection devices,
clearing, grading, and paving. Only those trees identified on the approved Tree Removal plan
are authorized for removal by this decision.
9. Prior to commencing any site work, the applicant shall establish fencing as directed by the
project arborist to protect the trees to be retained. The applicant shall allow access by the City
Forester for the purpose of monitoring and inspection of the tree protection to verify that the
tree protection measures are performing adequately. Failure to follow the plan, or maintain
tree protection fencing in the designated locations shall be grounds for immediate suspension
of work on the site until remediation measures and/or civil citations can be processed.
The applicant shall prepare a cover letter and submit it, along with any supporting documents
and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN:
KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the
submittal the required information is found:
NOTICE OF DECISION PAGE 2 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
10. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is
required for this project to cover street improvements 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.ci.tigard.or.us).
11. The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate entity who will 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.
12. The applicant shall provide a construction vehicle access and parking plan for approval by the
City Engineer. The purpose of this plan is for parking and traffic control during the public
improvement construction phase. All construction vehicle parking shall be provided on-site. No
construction vehicles or equipment will be permitted to park on the adjoining residential public
streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in
the construction of site improvements or buildings proposed by this application, and shall include
the vehicles of all suppliers and employees associated with the project.
13. The applicant's engineer shall provide a revised traffic flow plan for Dekalb Street and the
southern leg of 164 Avenue to show parking on both sides.
14. 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
improvement along the frontage of Bull Mountain Road. The improvements adjacent to this site
shall include:
A. City standard pavement section for a Collector street from curb to centerline equal to 23
feet;
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 curbs, or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage necessary to convey surface and/or
subsurface runoff;
E. 6 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;
1. underground utilities;
J. street signs (if applicable);
K. driveway apron (if applicable); and
L. adjustments in vertical and/or horizontal alignment to construct SW Bull Mountain Road in
a safe manner, as approved by the Engineering Department.
15. The applicant's Public Facility Improvement permit construction drawings shall indicate that full
width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks,
driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street
trees, streetlights, and underground utilities shall be installed within the interior subdivision
streets. Improvements shall be designed and constructed to local street standards.
16. A profile of Bull Mountain Road and all interior streets shall be required, extending 300 feet either
side of the subject site showing the existing grade and proposed future grade.
17. The applicant shall submit profiles for the future streets plan with the PFI submittal for review.
18. No lots will be permitted to access directly onto Bull Mountain Road.
NOTICE OF DECISION PAGE 3 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
19. The applicant's PFI submittal shall show the driveways for Lots 1, 2 & 3 placed as far south as
possible. The plans shall also show the driveways for Lots 8 & 13 placed as far to the west as
possible.
20. 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.
21. The applicant must submit sanitary sewer plans to CWS for review and approval.
22. The applicant must submit storm sewer plans to CWS for review and approval.
23. 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 wafter 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.
24. The applicant's engineer shall revise the water line plans to provide for the 16" diameter lines
required by the City of Tigard Water Department.
25. The applicant shall provide TVFR approval of the fire hydrant spacing with the PFI application
submittal.
26. Final design plans and calculations for the proposed water quality facility shall be submitted to
CWS for review and approval.
27. 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, February 2003 edition."
28. 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.
29. The applicant shall incorporate the recommendations from the submitted geotechnical report by
GRI, dated July 9, 2004, 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.
30. 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.
31. 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.
32. 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:
NOTICE OF DECISION PAGE 4 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
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 CURRENT PLANNING DIVISION,
ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly
identify where in the submittal the required information is found:
33. Prior to final plat appproval, the applicant shall sign a consent to annex along with a waiver of time
period when the City boundary borders the subject properties. This shall additionally be
incorporated by reference into the deeds of all lots within the subdivision.
34. Prior to final plat approval, the applicant shall submit a plat name reservation approval from
Washington County. Should "Volpe" not be accepted, the applicant shall remit $250 to the city
in order to process a name change for this file along with a plat name reservation approval with
the new name.
35. Prior to final plat approval, public improvements shall be substantially complete as further
conditioned in this decision.
36. Prior to final plat approval, the applicant shall include all required changes on the plat and confirm
that the average of all lots sizes is equal to or greater than 5,000 square feet. If unable to meet
this standard, the applicant shall reduce the number of lots accordingly.
37. Prior to final plat approval, the applicant shall submit a site plan that shows the lots and the
setback envelopes consistent with the preliminary lot dimensioning plan.
38. Prior to final plat approval, the applicant shall show reciprocal access easements for the
driveways on lots 11 and 12, 31 and 32, and 38 and 39.
39. Prior to final plat approval, the applicant shall demonstrate that the plat for Arbor Pointe has
been recorded with rights of way in their approved locations, and that access rights over the
private street portion of Bray Lane for the Volpe lots are shown.
40. Prior to final plat approval, tracts A, B, C, and E shall be consolidated into a single tract.
41. Prior to final plat approval, the applicant shall ensure that the Project Arborist has submitted
written reports to the City Forester, at least, once every two weeks, from initial tree protection
zone (TPZ) fencing installation, through site work, as he monitors the construction activities
and progress. These reports should include any changes that occurred to the TPZ as well as
the condition and location of the tree protection fencing. If the amount of TPZ was reduced
then the Project Arborist shall justify why the fencing was moved, and shall certify that the
construction activities to the trees did not adversely impact the overall, long-term health and
stability of the tree(s). If the reports are not submitted or received by the City Forester at the
scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being
followed by the contractor, the City can stop work on the project until an inspection can be
done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree
protection fencing, determine if the fencing was moved at any point during construction, and
determine if any part of the Tree Protection Plan has been violated.
The applicant shall prepare a cover letter and submit it, along with any supporting documents
and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN:
KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the
submittal the required information is found:
42. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT:
Shirley Treat, Engineering).
43. 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.
44. The applicant's plat shall indicate a nop-access strip along the frontage of Bull Mountain Road,
except at the approved location of 164 h Avenue.
NOTICE OF DECISION PAGE 5 OF 39
SUB2005-00013 -VOLPE SUBDIVISION
45. The final plat shall show the ROW for the north leg of 164th Avenue to be 46 feet wide. The
ROW for Dekalb Street and the south leg of 164" Avenue shall be 50 feet wide.
46. A joint use and maintenance agreement shall be executed and recorded on City standard forms
for all common driveways. The agreement shall be referenced on and become part of all
applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior
to recording.
47. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed
private street(s) will be jointly owned and maintained by the private property owners who abut and
take access from it (them).
48. Prior to, approval of the final plat, the applicant shall prepare Conditions, Covenants and
Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a
maintenance plan and agreement for the proposed private street(s). The CC&R3s shall obligate
the private property owners within the subdivision to create a homeowner's association to ensure
regulation of maintenance for the street(s). The applicant shall submit a copy of the CC&R's to
the Engineering Department (Kim McMillan) prior to approval of the final plat.
49. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and
incorporated a homeowner's association.
50. Prior to final plat approval, the applicant shall pay $1347.00 to the City for the striping of the bike
lane along the frontage of Bull Mountain Road.
51. The applicant shall place the existing overhead utility lines along SW Bull Mountain Road
underground as a part of this project. A fee in-lieu of undergrounding is allowed only with prior
approval from the City Engineer. The fee shall be calculated by the frontage of the site that is
parallel to the utility lines and will be $ 35.00 per lineal foot. If the fee option is approved by the
City Engineer, the amount will be $ 11,550.00 and it shall be paid prior to final plat approval.
52. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to
the City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates
can be established by:
GPS tie networked to the City's GPS survey.
By random traverse using conventional surveying methods.
53. Final. Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact
Planning/En ineenng Permit Technicians, at (503) 639-4171, ext. 2421).
C. The final plat and data or narrative shall be drawn to the minimum standards set forth by
the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
D. The right-of-way dedication for Bull Mountain Road (35 feet from centerline) shall be made
on the final plat.
E. NOTE: Washington County will not begin their review of the final plat until they receive
notice from the Engineering Department indicating that the City has reviewed the final plat
and submitted comments to the applicant's surveyor.
F. After the City and County have reviewed the final plat, submit two mylar copies of the final
plat for City Engineer signature (for partitions), or City Engineer and Community
Development Director signatures (for subdivisions).
54. The applicant's engineer shall provide final sight distance certification for all intersections in this
development prior to final plat approval.
NOTICE OF DECISION PAGE 6 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
The applicant s all prepare a cover letter an submit it, along with any supporting documents
and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,
ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly
identify where in the submittal the required information is found:
55. Prior to issuance of building permits, the applicant shall submit a site plan that shows the 20
foot setback to garages measured from the property line or the back edge of sidewalks (the
side away from the street) whichever results in a greater distance.
56. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign
compliance agreement.
57. Prior to issuance of building permits, the appplicant/owner shall record a deed restriction to the
effect that any existing tree greater than 12' diameter may be removed only if the tree dies or
is hazardous according to a certified arborist. The deed restriction may be removed or will be
considered invalid if a tree preserved in accordance with this decision should either die or be
removed as a hazardous tree.
58. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating
the location of the trees that were preserved on the lot, location of tree protection fencing, and
a signature of approval from the project arborist regarding the placement and construction
techniques to be employed in building the house. All proposed protection fencing shall be
installed and inspected prior to commencing construction, and shall remain in place through
the duration of home building. After approval from the City Forester, the tree protection
measures may be removed.
The applicant shall prepare a cover letter and submit it, along with an suppportin documents
and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN:
KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the
submittal the required information is found:
59. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
60. The City Engineer may determine the necessity for, and require submittal and approval of, a
construction access and parking plan for the home building phase. If the City Engineer deems
such a plan necessary, the applicant shall provide the plan prior to issuance of building permits.
61. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the
public improvements substantially compplete. 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. (NOTE:
the City apart from this condition, and in accordance with the City's model home policy may issue
model home permits).
62. 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).
63. During issuance of the building-permit for Parcels 1-33, the applicant shall pay the standard water
quantity fees per lot (fee amounts will be the latest approved by CWS).
NOTICE OF DECISION PAGE 7 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
64. To ensure compliance with Clean Water Services design and construction standards, the
applicant shall employ the design engineer responsible for the design and specifications of the
private water quality facility to perform construction and visual observation of the water quality
facility for compliance with the design and specifications. These inspections shall be made at
significant stages, and at completion of the construction. Prior to final building inspection, the
desi.9n engineer shall provide the City of Tigard (Inspection Supervisor) with written
confirmation that the water quality facility is in compliance with the design and specifications.
Staff Contact: Hap Watkins, Building Division.
IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE
COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST:
18.430.080 Improvement Agreement:
Before City approval is ce i le 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 is not completed within the period specified,
the City may complete the work and recover the full cost and expenses from the subdivider.
The agreement shall stipulate improvement fees and deposits as may be required to be paid and may
also provide for the construction of the improvements in stages and for the extension of time under
specific conditions therein stated in the contract.
18.430.090 Bond:
As require y ection 18.430.080, the subdivider shall file with the agreement an assurance of
performance supported by one of the following:
1. An irrevocable letter of credit executed by a financial institution authorized to transact business in
the State of Oregon;
2. A surety bond executed by a surety company authorized to transact business in the State of
Oregon which remains in force until the surety company is notified by the City in writing that it
may be terminated; or
3. Cash.
The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a
registered civil engineer, to assist the City Engineer in calculating the amount of the performance
assurance.
The subdivider shall not cause termination of nor allow expiration of said guarantee without having first
secured written authorization from the City.
18.430.100 Filin and Recordin :
Within 60 days o the City review and approval, the applicant shall submit the final plat to the County for
signatures of County officials as required by ORS Chapter 92.
Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded
final plat.
18.430.070 Final Plat A lication Submission Re uirements:
Three copies o the subdivision plat prepare y a an surveyor licensed to practice in Oregon, and
necessary data or narrative.
The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the
Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS:
NOTICE OF DECISION PAGE 8 OF 39
SUB2005-00013-VOLPE SUBDIVISION
Centerline Monumentation
In accordance wit regon 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
onument boxes con ong 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 inc uding, 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 Re uired
A 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 an 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 dividers 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.
NOTICE OF DECISION PAGE 9 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
SECTION III. BACKGROUND INFORMATION
Site History:
The subject site is approximately 9.7 acres in size and. is comprised of a two parcels. A search of
City records finds that a lot line adjustment was approved in August 10, 2004. This lot line
adjustment resolved a boundary issue where an approximate 4,800 square foot portion of the
proposed subdivision lay outside the urban growth boundary. The present boundary of the
subdivision request is now entirely within the urban growth area. An earlier subdivision request for 54
lots was submitted, but was withdrawn on January 13, 2005. The site is in timber deferral and
logging was completed on April 30, 2004. Since those trees were removed more than 1 year prior to
submitting the present application, those trees are not subject to mitigation requirements. The
parcels are outside the current city limits but are within the Urban Services Area, and therefore fall
under the City of Tigard's planning review.
Site Information and Proposal Descri tion:
A request or subdivision approval to create 49, sin le-family lots ranging in size between 4,100 and
7.396 square feet which will average 5,013 square eet per lot. The site is approximately 9.7 acres,
with almost two acres reserved for the wetlands and water quality facilities. The applicant has
requested sensitive lands review for the jurisdictional wetland that bisects the site in a northeasterly
direction. As described later in this decision, since the wetland is regulated by Division of State Lands
and Clean Water Services, and does not appear as a locally significant wetland, no sensitive lands
review is required by the City. The applicant will instead be required to. adhere to the requirements of
the two other jurisdictions and obtain those approvals prior to commencing an work on the site. Also,
this proposal will require an adjustment to the proposed grade of SW Dekalb Street as it descends into
the site at an approximate 17% grade. The maximum allowable grade on a local street is 15% for
limited distances of 250 feet. While the distance limitation will not be exceeded, the increase from 15
to 17% is requested to reduce the amount of fill required.
Vicinit Information:
e roposed development lies within unincorporated Washington County south of SW Bull Mountain
Road and west of the current Meyers Farm Subdivision, and the recently approved Arbor Pointe
(formerly Meyers Farm No.2). The site is accessed from Bull Mountain Road as well as SW Dekalb
street, with two lots being served from the private portion of SW Bray Lane. To the south and west are
the former limits of the urban growth boundary (UGB). These areas are expected to be included into
the growth boundary and developed at roughly 10 units per acre, once master planning efforts have
been accomplished and new zones adopted. The area within the current urban service area is zoned
R-7.
SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET
The City mailed notice to property owners within 500 feet of the subject site. Two letters were
received with the following comments:
Please do not allow an adjustment to the 30-foot setback on property that abuts land zoned EFU.
Farmers' fields have extremely tall grasses before haying time. If left fallow, the shortened
setback is an extreme fire danger for the proposed development. Canines left in small back yards
tend to bark and disturb livestock.
Staff Response:
Tualatin Valley Fire and Rescue has reviewed the proposal and did not raise the issue of potential fire
danger incurred by the proposed setback against the EFU zone. In regard to dogs barking at
livestock, fencing and landscaping tends to reduce the sight distance of animals, thus reducing the
opportunity for animal disturbances.
• No further allowances or variances should be granted to the developer on this project. We have
endured constant dust, ha debris sprayed onto our deck and property, noise and damage to our
landscaping. In addition, the wetlands should not be further damaged or encroached upon. A 17
percent grad should not be allowed. During the winter months, cars have been abandoned by our
home for days due to their inability to get up the hill in the snow and ice. As a side note, where
will the children play in this development?
NOTICE OF DECISION PAGE 10 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
Staff Response:
Adjustments to the development standards have been addressed in the body of this decision, which
the applicant has made positive finding. Therefore, the City must approve the requested adjustment.
In regard to the dust, debris and noise, the City has environmental performance standards that must
be followed throughout the development. If neighbors find that a developer is not following
environmental standards, the City employs a Code Compliance Specialist that investigates
complaints. The applicant did not propose a park with this development, nor is it a requirement of the
Subdivision Chapter of the Tigard Development Code. Therefore, children are reduced to playing
within the yards of the proposed homes.
SECTION V. SUMMARY OF APPLICABLE CRITERIA
A summary of the applicable criteria in this case in the Chapter order in which they are addressed in
this decision are as follows:
A. Subdivision
T973,0-
B. A licable Development Code Sections
8.370 (Variances an Adjustments
18.510 Residential Zoning Districts
18.705 Access, Egress and Circulation)
18.715 Density)
18.730 Exceptions to Development Standards)
18.745 Landscaping and Screening)
18.765 Off-street Parking and Loading Requirements)
18.775 Sensitive Lands Review)
18.790 Tree Removal)
18.795 Vision Clearance)
C. Street and Utility Im rovement
18.810 (Street an Utility Improvement Standards)
D. Decision Makin Procedures
18.390 (impact Study)
E. Bull Mountain Community Plan
The proposal contains no elements related to the provisions of these Specific Development Standard
Code Chapters: 18.710 (Accessory Residential Units), 18.740 (Historic Overlay), 18.742 (Home
Occupations), 18.750 (Manufactured/Mobil Home Regulations), 18.755 (Mixed Solid Waste &
Recyclable Storage) 18.760 (Nonconforming Situations), 18.785 (Temporary Uses), and 18.798
(Wireless Communication Facilities). These chapters are, therefore, found to be inapplicable as
approval standards.
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
A - SUBDIVISION GENERAL PROVISIONS:
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..
The applicant has submitted a preliminary plat for approval consideration. Final plat review will occur
after the decision is final.
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.
NOTICE OF DECISION PAGE 11 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
The applicant is responsible for ensuring that the plat satisfies any requirements of Oregon Revised
Statutes (ORS) Chapter 92 beyond what is already required in the Tigard Development Gode. Such
conformance is assured through Washington County's plat review.
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.
None of the lots exceed 10,000 square feet, the minimum required to partition a parcel in the R-7
zone. This standard is not applicable.
Lot Size Averagingg
Section 18.430.020.D states lot size may be averaged to allow lots less than the minimum lot
size allowed in the underlying zoning district as long as the average lot area for all lots is not
less than allowed by the underlying zoning district. No lot created under this provision shall
be less than 80% of the minimum lot size allowed in the underlying zoning district.
The lots range in size between 4,100 and 7,396 square feet. The minimum size allowed per this
provision is 4,000 square feet. The average for the entire subdivision is 5,013 square feet. This
standard is met. Any changes to the plat that may be required as part of this decision will need to
ensure that this average lot size standard is maintained above 5,000 square feet.
Temporary sales office. Temporarryy sales offices in conjunction with any subdivision may be
granted as set forth in Chapter 18.785, Temporary Uses.
The applicant has not proposed a sales office; however, if one is later requested, it will be reviewed
through a separate temporary use permit process.
Minimize flood damage. All subdivision proposals shall be consistent with the need to
minimize flood damage.
Due to the topography of the site, storm water is anticipated to leave the site and not cause flooding.
Storm drainage facilities will be reviewed by Clean Water Services and also by the City for
conformance with design and construction standards.
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 pedestrian/bicycle pathway within the floodplain in accordance with the
adopted pedestrian bicycle pathway plan.
The site is not within nor adjacent to the 100-year floodplain. This standard is not applicable.
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.
There are no flood hazards identified for this site. All utilities are available near the site and will be
required to be extended through the site. The proposed sanitary sewer line that crosses through the
wetland area will need to be flood proofed, however, since there are no manholes shown in this area,
this standard is essentially assured. Final determination of compliance will be made by Clean Water
Services who are the responsible jurisdiction for the sanitary sewer work.
Need for adequate drainage. All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood damage; and
Drainage is discussed in greater detail under the Street and Utility Improvement section and
addresses issues related to storm water facilities.
NOTICE OF DECISION PAGE 12 OF 39
SUB2005-00013 -VOLPE SUBDIVISION
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).
The base flood elevation is approximately 105 feet above sea level, measured at the nearest flood
prone area (Tualatin River) roughly a mile away. The low point of the project site is approximately
284 feet above sea level.
Section 18.430.030 (E) describes the approval process for Phased Developments.
The Approval Authority may approve a time schedule for developing a subdivision in phases,
but in no case shall the actual construction time period for any phase be greater than two
years without re-applying for a preliminary plat. The criteria for approving a phased site
development review proposal are:
a. The public facilities shall be scheduled to be constructed in conjunction with or prior to
each phase to ensure provision of public facilities prior to building occupancy;
b. The development and occupancy of any phase shall not be dependent on the use of
temporary public facilities:
The application for phased development approval shall be reviewed concurrently with the
preliminary plat application and the decision may be appealed in the same manner as the
preliminary plat.
The applicant has not proposed phasing construction of this subdivision.
The Approval Authority may approve, approve with conditions or deny a preliminary plat
based on the following approval criteria:
The proposed preliminary plat complies with the applicable zoning ordinance and other
applicable ordinances and regulations;
Compliance, with the zoning ordinance and other applicable ordinance and regulations will be assured
throwggh review and imposition of conditions of approval as necessary, as outlined in this decision.
The City of Tigard signed an Intergovernmental Agreement (IGA) with Washington County when it
agreed to take over planning Jurisdiction in the urban services area. The urban services area is the area
outside of the current Tigard city limits, but within Tigard's Urban Growth Boundary. It is the area in
which Tigard is anticipated to grow. Fundamental to the agreement between Tigard and Washington
County is the understanding that areas in the urban services area will, over time, be incorporated into
the City of Tigard as they are more intensively developed and as they require urban services. The
proposed development will greatly intensify the need for urban services in this area. Consequently, the
development site should be annexed into the City. To satisfy this concern, the following condition shall
apply:
CONDITION: Prior to final plat a proval, the applicant shall sign a consent to annex along with a waiver
of time period when the City boundary borders the subject properties. This shall
additionally be incorporated by reference into the deeds of all lots within the subdivision.
The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS
Chapter 92;
Staff is not aware of any other subdivisions in Washington County with the same name. However, no
plat name reservation was submitted, therefore one will be required prior to final plat approval.
CONDITION: Prior to final plat approval, the applicant shall submit a plat name reservation approval
from Washington County. Should "Volpe" not be accepted, the applicant shall remit
$250 to the city in order to process a name change for this file along with a plat name
reservation approval with the new name.
NOTICE OF DECISION PAGE 13 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
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
This will be discussed in greater detail under Tigard Development Code (TDC) Chapter 18.705,
Access and Chapter 18.810, Street and Utility Improvement Standards.
An explanation has been provided for all common improvements.
The applicant's narrative and plans provide the necessary explanation.
Section 18.430.060A. authorizes the granting of adjustments for subdivisions in accordance
with 18.430.050, provided that the application shall be made with a preliminary plat appplication
with the criteria for granting such adjustments are contained in Section 18.370.020 C1.
The applicant has requested an adjustment to the special setback for properties abutting more
restrictive zoning districts. In addition the applicant has requested an adjustment to the Streets and
Utility Improvement Standards of Chapter 18.810. These adjustments will be addressed under
Chapter 18.370, Adjustments, in the following section.
FINDING: Based on the analysis above, the proposal meets, or will be conditioned to meet further in
this decision, the preliminary plat approval standards for subdivisions. The applicant has
proposed a phased completion for the subdivision improvements, but has not specified the
timing or order of these phases.
CONDITIONS:
Prior to final plat approval, public improvements shall be substantially complete as further
conditioned in this decision.
Prior to final plat approval, the applicant shall include all required changes on the plat and
confirm that the average of all lots sizes is equal to or greater than 5,000 square feet. If
unable to meet this standard, the applicant shall reduce the number of lots accordingly.
Prior to final plat approval, the applicant shall submit a plat name reservation approval
from Washington County. Should "Volpe" not be accepted, the applicant shall remit
$250 to the city in order to process a name change for this file along with a plat name
reservation approval with the new name.
Prior to final plat approval, the applicant shall sign a consent to annex along with a waiver
of time period when the City boundary borders the subject properties. This shall
additionally be incorporated by reference into the deeds of all ots within the subdivision.
B- APPLICABLE TIGARD DEVELOPMENT CODE SECTIONS
Variances and Adjustments (18.370)
T} e p can as requested an adjustment to the maximum street grade limit of 18.810.030.N which
states `grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on anyy
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)". The applicant's proposal requires that approximately 100
feet of SW Dekalb be 17% grade with 25 feet at 16%, and the remaining 25 feet conforming to the
15% limit. All adjustments are to criteria found in Chapter 18.810 and are therefore subject to the
adjustment review criteria of Section 18.370.020.C.11:
A second adjustment is requested to reduce the 30 foot setback that is applied to properties that abut
more restrictive zoning districts. In this case, the abutting zones include F 20 (Future Development 20
acre minimum parcel size) and EFU (Exclusive Farm Use). These county designated zones are
considered more restrictive since their setbacks are generally larger (30 foot front yard, 25 foot rear yard,
10 foot side yard); The applicant has requested that the standard R-7 zone setbacks be applied (15 foot
rear yard, 5 foot side yard). This adjustment is subject to the review criteria of 18.370.020.0.1.
NOTICE OF DECISION PAGE 14 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
Street and Utility Improvement Adjustments:
The Director shall approve, approve with conditions, or deny a request for an adjustment to the
street improvement requirements, based on findings that the following criterion is satisfied:
Strict application of the standards will result in an unacceptably adverse impact on existing
development, on the proposed development, or on natural features such as wetlands, steep
slopes or existing mature trees. In approving an adjustment to the standards, the Director shall
determine that the potential adverse impacts exceed the public benefits of strict application of
the standards.
The requested adjustment is to allow a street (SW DeKalb) to exceed the 15% grade standard. This
street is proposed to be between 15% and 17 /o grade. As indicated in the applicant's narrative, this
is the result of the existing topography, and the position of the road layout in Arbor Pointe (formed
Mg rs Farm No. 2). Also, when the future street profiles were projected for Meyers Farm No. 1, SW
163 was projedcted to be the secondary road (for purposes of grade alignment at the intersection).
When SW 16 became the primary road, this forced SW Dekalb to align with the crown section on
SW 163 . This shortened the amount of distance available to make the required grade for SW
Delilb. To maintain a compliant grade would require an extensive amount of fill to bring both SW
164"' and SW Dekalb up ap roximately 5 feet in elevation. This will have other impacts including the
transition to the existing CWS pump station elevation and grading on the lots and possible additional
impacts to the adjacent wetland. Upon demonstration by the applicant that TVF&R will approve the
proposed street grade, staff can find that the impacts resulting from increased fill outweigh the benefit
of a compliant street grade. Absent such a concurrence, then the impacts to public safety will
outweigh the impacts to the development.
FINDING: The criteria for granting the street grade adjustment can be met, provided the fire district
concurs that the proposed grade is acceptable. Otherwise, the applicant shall construct a
compliant street and show how the fill will be contained outside the wetland and buffer
area.
CONDITION: Prior to commencing on site improvements, the applicant shall submit written evidence of
TVFR approval for the proposed street grades. If such approval cannot be obtained, then
the construction documents shall be revised to show a compliant street grade profile, and
that the additional fill will be contained outside the wetland and buffer area.
Subdivision Setback Adjustments:
Adjustments to development standards within subdivisions (Chapter 18.430). The Director shall
consider the application for adjustment at the same time he/she considers the preliminary plat.
An adjustment may be approved, approved with conditions, or denied provided the Director
finds:
a. There are special circumstances or conditions affecting the property which are unusual and
peculiar to the land as compared to other lands similarly situated;
The circumstances that affect this property are unique both in its proximity to the urban growth
boundary, and the fact that the boundary expansion is in a state of flux. This site sits at the
southwest corner of the present urban services area. Metro approved an expansion of the urban
growth boundary two years ago, but until a master planning effort is undertaken and adopted, new
zoning designations will not be applied to those properties. It is not known at this time what those
designations will be, but the principle guiding the development of these areas is achieving roughly 10
units to the acre (in essence higher density than the subject site). To achieve this level of density, it
is likely that setbacks will be equal to or even less than those on the subject site.
b. The adjustment is necessary for the proper design or function of the subdivision;
To accommodate the required minimum density, the setback adjustment is necessary. The present
proposed building lots along this eastern boundary range between 50 and 84 feet. With the required
15 foot front yard setback, 20 foot garage setback and 30 foot rear yard setback, the resulting
building envelopes would be 35 to 40 feet deep in some areas and where the lots are oriented
sideways, the envelope would be a scant 15 feet. This leaves inadequate room for a reasonable
sized dwelling.
NOTICE OF DECISION PAGE 15 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
c. The granting of the adjustment will not be detrimental to the public health, safety, and
welfare or injurious to the rights of other owners of property; and
The required setback is in response to providing greater separation between medium and low density
zones, to help buffer the impacts of the higher density. This is particularly important in situations
where multi dwelling buildings are proposed against single family homes. But in this case, the
applicant has proposed detached single family homes, that will comply with the standard underlying
zone setbacks. There are no particular health or safety reasons why a development of parcels in one
location would have different impacts being adjacent to one type of residential density versus another.
To mitigate for the aesthetic impacts of the reduced setbacks, the. applicant should be required to
provide additional landscaping and screening along common property line in the form of additional
trees.
d. The adjustment is necessary for the preservation and enjoyment of a substantial property
right because of an extraordinary hardship which would result from strict compliance with the
regulations of this title.
Without granting the adjustment, the proposed lots would be severely constrained in terms of building
envelopes. One option would be to reduce the number of lots so that deeper lots could be
accommodated or relocate the streets to occupy the setback area. However, a reduction to the
number of lots below 40 would require a variance to the minimum density standards, and relocating
the roads would be a hardship in the fact that an awkward arrangement of lots, a reduction in the
number of lots, or additional streets would be required to serve the development.
FINDING: The criteria for granting the setback adjustment can be met, provided that mitigation for
visual impacts is supplied.
CONDITION: Prior to commencing on site improvements, the applicant shall submit revised
construction documents that show additional trees planted along the west and south
property boundaries of the subject site, in the locations where lots are proposed.
Residential Zoning Districts (18.510
L s s the description ot the residential Zoning District.
The site is located in the R-7: Medium-Density residential zoning district.
The R-7 zoning district has the following dimensional requirements:
STANDARD R-7
Minimum Lot Size
Detached unit 5,000 sq. ft.
Duplexes 10,000 s .ft.
Average Minimum Lot Width
Detached unit lots 50 ft.
Duplex lots 50 ft.
Maximum Lot Coverage 80%
Minimum Setbacks
Front yard 15 ft.
Side facing street on corner & through lots 10 ft.
Side yard 5 ft.
Rear yard 15 ft.
Side or rear yard abutting more restrictive zoning district 30 ft.
Distance between property line and front of garage 20 ft.
Maximum Height 35 ft.
Minimum Landscape Requirement 20%
NOTICE OF DECISION PAGE 16 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
The proposed lots range in size from 4,100 to 7,396 square feet. Some lots are below the minimum lot
size requirements of the code but are allowable through lot size averaging which permits lots to be 80%
of the minimum lot size (4,000 square feet) provided the average of all the lots meets 5,000 square feet.
All lots meet the minimum lot width requirements, based on the dimensions provided on the plan. The
applicant will be required to comply with the setbacks, height and lot coverage/landscape requirements
during the building permit review process for the homes on individual lots. All lots within this subdivision
are for single-family units. This is not a planned development; therefore, the setbacks are as prescribed
by the base zone, with the exception ofthe side or rear yard abutting a more restrictive zoning district.
An adjustment to this standard is discussed previously in this decision under 18.370.
FINDING: Based on the analysis above, the residential zoning district dimensional standards are
satisfied. To avoid later discrepancies in the building permit review process, the
following condition is warranted:
CONDITION: Prior to final plat approval, the applicant shall submit a site plan that shows the lots and
the setback envelopes consistent with the preliminary lot dimensioning plan.
Access E ress and Circulation (18.705):
describes loin access provisions. 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:
Satisfactory legal evidence shall be presented in the form of deeds, easements, leases
or contracts to establish the joint use; and
Copies of the deeds, easements, leases or contracts are placed on permanent file with
the City.
Lots 11 and 12, 31 and 32, and 38 and 39 will share a driveway approach. While each lot has
adequate frontage on a private street, a shared driveway will facilitate access to the lots. For these
areas, a reciprocal easement will need to be shown on the plat. All other lots will have direct access
via public or private streets. It shall be noted that to qualify as a tract for private street status, a
minimum of three lots must be served by it. Tract I (the extension of SW Bray Lane) only serves two
lots within this plat, but also serves four lots in Arbor Pointe, thereby qualifying it as a private street.
The plat for Arbor Pointe includes access provisions through Tract I to serve the Volpe lots.
CONDITION: Prior to final plat approval, the applicant shall show reciprocal access easements for the
driveways on lots 11 and 12, 31 and 32, and 38 and 39.
Public street access. All vehicular access and egress as required in Sections 18.705.030H and
18.705.0301 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.
All lots will directly access a public or private street. CC&R's or plat notes will specify that the private
streets be maintained at the required standards on a continuous basis.
Required walkway location. On-site pedestrian walkways shall comply with the following
standards:
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;
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;
NOTICE OF DECISION PAGE 17 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
Wherever required walkways cross vehicle access driveways or parking lots, such crossing
shall be designed and located for pedestrian safety. Required walkways shall be physically
separated from motor vehicle traffic and parking by either a minimum 6-inch vertical
separation (curbed) or a minimum 3-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;
Required walkways shall be paved with hard surfaced materials such as concrete asphalt,
stone, brick etc. 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.
As this proposal is for a single-family development, this standard does not apply.
Curb cuts shall be in accordance with Section 18.810.030N.
Curb cuts will be addressed under Chapter 18.810, Street and Utility Improvements Standards later in
this decision.
Inadequate or hazardous access. Applications for building permits shall be referred to the
ommission or review when, in a opinion of the Director, the access proposed:
Would cause or increase existing hazardous traffic conditions; or
Would provide inadequate access for emergency vehicles; or
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.
The lots within this subdivision will be providing direct access to public or private streets that connect
directly to public streets. The subdivision will obtain access through an existing public street and
through streets that have been approved and constructed, but have not yet been platted at this time.
Before this plat can record, the plat for Arbor Pointe shall be recorded. The applicant will be required
to improve SW Bull Mountain Road with standard 22 feet of pavement from centerline, along with a 6
foot wide sidewalk. Streets within the subdivision will be required to meet city design standards,
except for those portions of streets where an adjustment has been granted (refer to previous
discussion of adjustments). The Director has determined that Planning Commission review is not
necessary for building permits. With regard to streets and street intersections, these issues are
addressed under TDC Chapter 18.810 and through the AASHTO, Washington County and City's road
design standards.
CONDITION: Prior to final plat approval, the applicant shall demonstrate that the plat for Arbor Pointe
has been recorded with rights of way in their approved locations, and that access rights
over the private street portion of Bray Lane for the Volpe lots are shown.
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. 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.
The proposed streets within this development are all locally classified. No lots will be permitted to
access SW Bull Mountain Road directly. It is anticipated that after development of this subdivision
and development occurs in the urban growth boundary expansion areas to the south, SW 164th will
function as a higher level of street, most likely as a neighborhood route. However, such designation
has not been placed on 164th and the Transportation System Plan does not identify the need for such
a route in this location at this time. There are no additional restrictions for driveway placement on
neighborhood routes. Therefore, no additional requirements shall be applied to the streets within this
subdivision.
NOTICE OF DECISION PAGE 18 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
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.
The proposed single-family development is exempt from this requirement.
Access Management (Section 18.705.030.H)
ec ion states a 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.
A Traffic Impact Analysis was prepared by Kittelson & Associates, dated August 3, 2004, along with
supplemental informatio9h dated July 14, 2005. The sight distance for the intersection of Bull
Mountain Road and 164 Avenue was determined to exceed 450 feet in each direction, thereby
exceeding the minimum distance of 400 feet, based on posted speed of 40 mph. The sight
distance for the intersection of Bull Mountain Road and 163r Avenue is shown to exceed 500 feet in
each direction.
The engineer's supplemental information prgvides sight distance certification for the intersections of
the private streets, Tracts H, J & K, with 164 Avenue. The posted speed for 1641 Avenue will be 25
mph. Tract H will have a sight distance exceeding 150 in the southern direction, but only 150 feet in
the northern direction due to the proximity of the Bull Mountain Road intersection. Because vehicles
stopped at the private street has an unobstructed view of the intersection to the north this meets the
criterion. Tract J has a similar sight distance layout with over 250 feet available to the south and 200
feet available to the north, where an intersection can be clearly seen. Tract K has more than 250 feet
of sight distance available to the north. The sight distance to the south is incomplete because of the
termination of the street with this development.
The applicant's engineer shall provide final sight distance certification for all subject intersections
upon completion of the public improvements and prior to final plat approval.
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.
The applicant has indicated that there will be driveways located within 150 feet of the intersection of
Bull Mountain Road and 164,n Avenue. Because these lots have less than 150 feet of frontage they
shall be placed as far from the intersection as possible. The applicant's plans indicate that the
driveways for Lots 1, 2 & 3 are placed as far south as possible. The plans also indicate the driveways
for Lots 8 & 13 are located as far to the west on the private street as possible. This driveway
placement meets this criterion.
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 applicant indicates that 164th Avenutp is located approximately 320 feet west Qf 163rd Avenue,
which meets this criterion. Further, 164 Avenueris aligned with the existing 164 Avenue to the
north. The spacing of the private streets along 163 and 164 Avenues meets the minimum 125 feet
required for local streets.
NOTICE OF DECISION PAGE 19 OF 39
SUB2005-00013-VOLPE SUBDIVISION
Minimum access re uirements for residential use. Vehicular access and egress for single-
family, duplex or attached single-family dwelling units on individual lots and multi-family
residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2;
The access and egress into the site itself is discussed later in this decision under the Street and Utility
Improvements Standards section of this decision. Access to individual lots will be reviewed for
compliance during the building permit phase.
Vehicular access to multi-family 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;
No multi-family structures are proposed with this application. Therefore, this standard does not apply.
Private residential access drives shall be provided and maintained in accordance with the
provisions of the Uniform Fire Code;
There are no residential access drives apart from typical driveways proposed with this project.
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 circular, paved surface having a minimum turn radius measured from center point to
outside edge of 35 feet;
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;.
The maximum cross slope of a required turnaround is 5%.
There are four private streets. Tract H, J, and K all measure 139 feet from the edge of the public right
of way to the edge of the shared driveway at the end. Tract I measures over 230 feet but is provided
with a turnaround in compliance with this standard.
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;
There are no private driveways that will exceed 200 feet in length.
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.
No driveways shall be permitted on SW Bull Mountain Road. Therefore, this standard is not
applicable as there are no driveway approaches to arterial or collector streets. All approaches onto
the collector street will be public street intersections.
FINDING: Based on the analysis above, the Access, Egress and Circulation standards have not
been satisfied. If the applicant complies with the conditions identified above, the
standards will be met.
DensityCComputations and Limitations (18.715)
a ter 18.715 imp emen s e Comprehensive Plan by establishing the criteria for determining
the number of dwelling units permitted. The number of allowable dwelling units is based on the
net development area. The net area is the remaining parcel area after exclusion of sensitive
lands and land dedicated for public roads or parks. The net area is then divided by the minimum
lot size permitted by the zoning district to determine the number of dwelling units that may be
developed on a site.
NOTICE OF DECISION PAGE 20 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
Based on the formulas in Chapter 18:715 of the City of Tigard Community Development Code, the
maximum and minimum number of units permitted on the site are based on the net developable area,
subtracting sensitive land areas, land dedicated to public parks, land dedicated for public right-of-way,
and land for private streets from the total site area. Of the total site area (422,882 square feet),
70,057 square feet will be dedicated to public street right-of-way. 13,954 square feet will be deducted
for private street right-of-way. In addition, 84,982 square feet is encumbered by wetland. The
resulting net developable area is therefore, 253,889 square feet. Therefore, the maximum number of
lots permitted on this site based on 5,000 square foot lots is 50, and the minimum number of lots is
40. The applicant's proposal to build 49 lots for single-family detached homes meets the maximum
and minimum density requirements of the R-7 zone.
FINDING: The applicant's proposal for 49 lots complies with the 50 lot maximum density and the
40 lot minimum density based on the net acreage of the site.
Environmental performance standards (18.725):
These standards require that federal and state environmental laws, rules and regulations be applied
to development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates:
noise, visible emissions, vibration and odors.
Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210
ofi Fe Tigard Municipal Code shall apply.
Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning
district, ere 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.
Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is
per-mike in any given zoning district which is discernible without instruments at the property
line of the use concerned.
Odors. The emissions of odorous gases or other matter in such quantities as to be readily
e ec able at any point beyond the property line of the use creating the odors is prohibited. DEQ
rules for odors (340-028-090) apply.
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 sins or
floodlights in parking areas or construction equipment at the time of construction or
excavation work otherwise permitted by this title.
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.
This is a detached single-family project, which is permitted within the R-7 zone. There is nothing to
indicate that these standards will not be met. However, ongoing maintenance to meet these
standards shall be maintained and any violation of these standards will be addressed by the City of
Tigards' Code Enforcement Officer.
FINDING: The Environmental Performance standards are met.
Exceptions to Development Standards (18.730):
ection 18.730.UZU (G) states a imitations or building heights and flag lots. Limitations on
the placement of residential structures on flag lots apply when any of the following exist:
A flag lot was created prior to April 15, 1985;
A flag lot is created after April 15, 1985 by an approved partition; or
NOTICE OF DECISION PAGE 21 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
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.
There are no flag lots in the subject application.
The maximum height for an attached or detached single-family, duplex, or multiple-family
residential structure on a flag lot or a lot having sole access from an accessway, private drive
or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may
be 2-1/2 stories or 35 feet, whichever is less, provided:
The proposed dwelling otherwise complies with the applicable dimensional
requirements of the zoning district;
A 10-foot side yard will be preserved;
A residential structure on any abutting lot either is located 50 feet or more from the
nearest point of the subject dwelling, or the residential structure exceeds 1-1/2 stories
or 25 feet in height on any abutting lot; and
Windows 15 feet or more above grade shall not face dwelling unit windows or patios on
any abutting lot unless the proposal includes an agreement to plant trees capable of
mitigating direct views, or that such trees exist and will be preserved.
Where an agreement is made to plant trees capable of mitigating direct views, the agreement
shall be deemed a condition of approval under the provisions of Section 18.390.030 D.
The tree planting agreement shall be a condition of Chapter 18.360, Site Development Review,
for three or more attached units or a multiple-family residential structure, or, at the time of
issuance of building permits, for single detached units, one duplex or two attached residential
units.
Section 18.730.030 states the requirements for Zero Lot Line Setback Standards
The provisions of this chapter apply to the R-4.5 and R-7 zoning districts and are limited to
single-family detached dwelling units. The provisions of this chapter shall be applied in
conjunction with:
An application for planned development approval under the provisions of Chapter
18.350, Planned Development;
An application for subdivision approval under the provisions of Chapter 18.430,
Subdivision; or
An application for partitioning approval under the provisions of Chapter 18.420,
Partition.
No proposal for zero lot line setbacks has been proposed, these standards are therefore inapplicable.
FINDING: The exceptions to development standards do not apply to this proposal.
Landsca inq and Screening (18.745):
Z apter 18.745 contains an scalping provisions for new development. Section 18.745.100
requires that street trees be planted in conjunction with all development that fronts a street or
driveway more than 100 feet long. A proposed planting list must be submitted for review by the
Director since certain trees can damage utilities, streets and sidewalks or cause personal injury.
Section 18.745.030.E states that existing vegetation on a site shall be protected as much as
possible (for example, areas not to be disturbed can be fenced as in snow fencing which can
be around individual trees).
The applicant has not shown street trees. Final placement will be per the spacing standards of
Section 18.745.040 and the final street tree variety will be as approved by the City Forester.
Section 18.745.040.C contains specific standards for spacing of street trees as follows:
Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall
be spaced no greater than 20 feet apart;
NOTICE OF DECISION PAGE 22 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
Medium sized trees (25,feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be
spaced no greater than 30 feet apart; and
Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no
greater than 40 feet apart;
The City Forester suggests planting native species of trees as some or all of the street trees such as
bigleaf maple, cascara or Oregon white oak. Properly sized oaks can be found at River Oak Farm &
Nursery. Call Diane at 503-357-2745. The species of street tree used in this development is not
listed. The species must be approved before the trees can be planted. A final street tree plan shall
include trees spaced per the above standards.
Section 18.745.050 contains the provisions and requirements for buffering and screening.
The Buffering and Screening Matrix (Section 18.745.1) does not require buffering or screening when
a single-family detached residential use is proposed adjacent to existing detached single-family
dwellings. The Volpe subdivision is surrounded by detached single-family homes and undeveloped
parcels. Therefore, this section does not apply.
Section 18.745.060 contains the provisions for re-vegetation where natural vegetation has
been removed through grading. Such areas are to be replanted as set forth in this section to
prevent erosion after construction activities are completed.
The applicant will be required by these standards and CWS' standards to replant disturbed areas. A
condition will be imposed to ensure that this occurs.
FINDING: Based on the analysis above, the applicant's street tree plan requires minor changes.
The applicant has not provided an erosion control plan. If the applicant complies with
the conditions listed below, the standards will be met.
CONDITIONS:
Submit a revised street utility plan that shows the location, species, and size
(minimum 2-inch caliper) of required street trees along the public and private streets
per the City's spacing standards of Section 18.745.040(C). Selection of the tree
species will be in accordance with the City Street Tree list and the City Forester's
recommendations.
Submit an erosion control plan that identifies areas for re-vegetation, topsoil storage
areas, methods of replanting and topsoil restoration in accordance with Section
18.745.060 and CWS standards.
Off-Street Parkin and Loading Requirements (18.765):
Chapter 1 5, Table 8T6 requires a single-family residences be provided with one (1)
off-street parking space for each dwelling unit.
Compliance with this standard will be enforced during the building permit review process. The Code
requires 20 feet from the property line to the face of a garage, ensuring that at least one car can park
off of the street, outside of any garage. However, the city permits sidewalks to be in easements on
private streets which has raised the problem that a 20 foot setback from the property line will be at
least 5 feet (the width of the sidewalk) deficient for parking. To ensure this standard can be met,
setbacks to garages shall be measured from the property line or the back of sidewalks (including
those in easements) whichever results in a greater distance.
FINDING: There exists the potential for parking encroachments into the pedestrian sidewalk
system.
CONDITION: Prior to issuance of building permits, the applicant shall submit a site plan that shows
the 20 foot setback to garages measured from the property line or the back edge of
sidewalks (the side away from the street) whichever results in a greater distance.
NOTICE OF DECISION PAGE 23 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
Sensitive Lands (18.775
The development site includes an area of wetlands. These wetlands do not appear on the City's
Comprehensive Plan Map of Wetland Areas, and are therefore regulated as follows:
Jurisdictional wetlands. Landform alterations or developments which are only within wetland
areas that meet the jurisdictional requirements and permit criteria of the U.S. Army Corps of
Engineers, Division of State Lands, CWS, and/or other federal, state, or regional agencies, and
are not designated as significant wetlands on the City of Tigard Wetland and Streams
Corridors Map, do not require a sensitive lands permit. The City shall require that all
necessary permits from other agencies are obtained. All other applicable City requirements
must be satisfied, including sensitive land permits for areas within the 100-year floodplain,
slopes of 25% or greater or unstable ground, drainageways, and wetlands which are not under
state or federal jurisdiction.
The wetlands within this site do not appear as significant wetlands on the City's map, but may be
regulated by CWS and state agencies. A condition of approval will be imposed requiring the
necessary permits from Army Corps, Division of State Lands, and CWS be obtained.
FINDING: It shall be noted that the proposed separate Tracts within the Wetland area seem to
conflict with CWS Design and Construction Standards. Staff recommends that this area
be consolidated into a single tract to facilitate a comprehensive management strategy,
versus the piecemeal maintenance that will occur under separate ownerships or
designations.
CONDITION: Prior to final plat approval, tracts A, B, C, and E shall be consolidated into a single tract.
SigCnns~~(18.780 :
Chapter 18.780 regulates the placement, number and design criteria for signage.
No signs are proposed in conjunction with this development. The applicant has indicated that they
will apply for sign permits to erect subdivision entry signs as authorized in Section 18.780.130(A)(3).
Any future signage will be subject to the sign permit requirements in Chapter 18.780. There has been
a proliferation of sign violations from new subdivisions. In accordance with a new policy adopted by
the Director's Designee, all new subdivisions must enter into a sign compliance agreement to
facilitate a more expeditious court process for citations.
FINDING: To expedite enforcement of sign violations, a sign compliance agreement will be
required.
CONDITION: Prior to the issuance of building permits, the developer shall sign a copy of the City's sign
compliance agreement.
Tree Removal (18.790: '
Chapter 790.030 requires the submittal of a tree plan that identifies the location size and
species of all trees on the site, a program to save existing trees over 12-inch diameter at
breast height (dbh) or mitigate for their removal, identification of trees to be removed, and a
protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
As noted previously, all trees located outside the sensitive wetland area were removed more than a
year prior to submitting the development application under a timber deferral allowance on the
property. The applicant has submitted a tree inventory prepared by a certified arborist (Robert
Manzany) for the trees that remain in the wetland area. The tree inventory indicates that there are
fifty trees remaining on the site, of which 13 are larger than 12 inches in diameter. Four trees will
require removal to place the sewer line through the wetland. All four will require tree removal permits,
even though only two of these trees are greater than 12 inches. In terms of mitigation, 2 of 13 trees
represents only 15% removal, therefore no mitigation is required.
The City Forester has reviewed the applicant's protection plan and provides the following comments:
NOTICE OF DECISION PAGE 24 OF 39
SUB2005-00013 -VOLPE SUBDIVISION
As required, the applicant submitted a tree plan that was conducted by a certified arborist, Robert
Mazany. The report contains the four required components, and, is therefore, acceptable.
Below are the City Forester's tree protection plan guidelines:
TREE PROTECTION PLAN REQUIREMENTS
The full text of these following requirements shall be placed on the tree protection plan
Any tree that will not be removed onsite that is within the limits of disturbance of this project must be
protected. Any tree that is located on property adjacent to the construction project that will have more
than 15% of its root system disturbed by construction activities shall also be protected.
Prior to construction, a Tree Protection Plan, conforming to the International Society of Arboriculture
(ISA) guidelines, shall be submitted with the proposed construction drawings for review and approval by
the City Forester. This plan shall include the existing and proposed grading contours and a composite
utility plan to ensure minimization of utility lines and street improvements within the specified tree
protection zone (TPZ). All tree protection devices, along with their details and specifications, shall be
shown on the Tree Protection Plan and shall show, to scale, exactly how far the tree protection fencing
will be from the face of each protected tree. This plan shall also include the proposed building footprints
shown in relation to the trees being reserved. These footprints represent the maximum limits of
disturbance for home construction and are binding upon the applicant and future owners of lots within
the subdivision.
If construction is to occur within the trees' driplines, the applicant, through their Project Arborist, shall
justify the close proximity of the construction activities to the trees. He shall certify that the activities will
not adversely impact the overall and long-term health and stabilityy of each tree. Any construction that
occurs within the neighboring trees' drip Ines should be justified by the applicant and approved by the
City Forester. The applicant shall note that damage inflicted upon neighboring trees may be subject to
private civil action by the adjoining property owner. Prior to any site work, tree protection measures
must be installed around all trees to be retained. Once installed, the City Forester must inspect the tree
protection measures. Work may proceed on the site only after the City Forester has approved the
placement of the tree protection measures.
Prior to site work, the applicant shall submit a detailed construction schedule to the City Forester with
notations as to when tree protection devices will be either installed or removed throughout
construction of the project.
A note shall be placed on the final set of plans indicating that equipment, vehicles, machinery,
grading, dumping, storage, burial of debris, or an other construction-related activities shall not be
located inside of any tree protection zone or outside of the limits of disturbance where other trees are
being protected.
All tree protection devices shall be:
Visible.
Constructed of 11 Gauge steel chain-link fencing supported on at least 2" 0. D. steel posts.
Each post shall be no less than four feet high from the top of grade. Each post shall be driven
into the ground to a depth of no less than two and a half feet below grade. Each post shall be
spaced no further apart than four feet.
Between each post, securely attached to the chain-link fencing, shall be a sign indicating that
the area behind the fencing is protected and no construction activity, including material
storage, may occur behind the fencing
Inspected and approved in the field by the project arborist and City Forester prior to clearing,
grading, or the beginning of construction.
Remain in place and maintained until all construction is completed and a final inspection is
conducted.
NOTICE OF DECISION PAGE 25 OF 39
SUB2005-00013 -VOLPE SUBDIVISION
To determine the size of the tree protection zone (TPZ) the project arborist shall follow one or more of
the guidelines listed below.
For individual trees follow the trunk diameter method. For every one-inch of diameter at breast
height (DBH), or 4 % feet above the ground, allow 12 inches of space from the trunk of the
tree, or example, a tree that is 15" at DBH must have at least 15' of tree protection zone
around the entire canopy of the tree.
For groups of trees the tree protection zone must be outside of the drip line of the trees on the
edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the
trunk diameter method or the drip line method, whichever is greater.
Calculate and follow the Optimal Tree Protection Zone calculation as shown in "Trees and
Development: A Technical Guide to Preservation of Trees During Land Development" by
Nelda Matheny and James R. Clark.
The project arborist may propose an alternate method for the establishment of the TPZ,
provided the effort is coordinated with the City Forester.
If it is necessary to enter the tree protection zone at any time with equipment (trucks, bulldozers, etc.)
the protect arborist and City Forester must be notified before any entry occurs. Before entering the
TPZ, the project arborist and City Forester shall determine the method by which entry can occur,
along with any additional tree protection measures.
The Project Arborist shall submit written reports to the City Forester, at least, once every two weeks,
as he monitors the construction activities and progress. These reports should include any changes
that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the
amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and
shall certify that the construction activities to the trees did not adversely impact the overall and long-
term health and stability of the tree(s). If the reports are not submitted or received by the City
Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not
being followed by the contractor, the City will stop work on the project until an inspection can be done
by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection
fencing, determine if the fencing was moved at any point during construction, and determine if any
part of the Tree Protection Plan has been violatedy If a violation has occurred, one or more of the
following penalties will be pursued through the infraction process.
Notwithstanding any other provision of this title, an party found to be in violation of this chapter pursuant
to Chapter 1.16 of the Tigard Municipal Code shall be subject to a civil penalty of up to $500 and shall be
required to remedy any damage caused by the violation. Such remediation shall include, but not be
limited to, the following:
A. Replacement of unlawfully removed or damaged trees in accordance with Section 18.790.060 (D)
of the Tigard Development Code; and
B. Payment of an additional civil penalty representing the estimated value of any unlawfully removed
or damaged tree, as determined using the most current International Society of Arboriculture's
Guide for Plant Appraisal.
Prior to issuance of building permits, the Project Arborist shall submit a final certification indicating the
elements of the Tree Protection Plan were followed and that all remaining trees on the site are
healthy, stable and viable in their modified growing environment.
Section 18.790.040 states that any tree preserved or retained in accordance with this section
may thereafter be removed only for the reasons set out in a tree plan, in accordance with
Section 18.790.030, or as a condition of approval for a conditional use, and shall not be
subject to removal under any other section of this chapter. The property owner shall record a
deed restriction as a condition of approval of any development permit affected by this section
to the effect that such tree may be removed only if the tree dies or is hazardous according to a
certified arborist. The deed restriction may be removed or will be considered invalid if a tree
preserved in accordance with this section should either die or be removed as a hazardous
tree. The form of this deed restriction shall be subject to approval by the Director.
A deed restriction is not necessary since the trees in the wetland area are protected by the City's tree
ordinance, and there are no trees greater than 12" diameter on the remainder of the site.
NOTICE OF DECISION PAGE 26 OF 39
SUB2005-00013 -VOLPE SUBDIVISION
FINDING: To ensure the trees on site are adequately protected, the City Foresters recommended
tree protection guidelines are used. Tree removal permits will be required for trees in
the wetland area.
CONDITIONS:
Prior to site work, the applicant shall reiterate and adhere to the City Forester's
tree protection guidelines outlined in this decision in the construction documents.
Prior to any site work, the applicant shall apply for and obtain tree removal
permits for the trees within the wetland area that are in the sewer line alignment.
Alternately, if the applicant revises this alignment to not require any tree
removals, then this condition shall not apply.
Vision Clearance:
Chapter applies to all development and requires that clear vision area shall be
maintained on the corners of all property adjacent to intersecting right-of-ways and at the
intersection of a public street and a private driveway. A visual clearance area shall contain no
vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction
exceeding three feet in height.
The applicant has indicated the vision clearance areas on the street/utility plan and has not proposed
any structures (Including retaining walls) or vegetation in the vision clearance areas. Construction
plans for the streets will need to be reviewed and approved that satisfy the visual clearance
requirements. Subsequent grading and vegetative removal may be imposed during infrastructure
construction to assure that this standard is met.
FINDING: Because no structures are currently proposed in the vision clearance area and all future
buildings will be reviewed for compliance during the building permit phase, this standard
has been satisfied. The applicant has additionally been conditioned to provide a post
construction sight distance certification for SW !63rd and SW Bull Mountain Road,
previously in this decision.
C -STREET AND UTILITY IMPROVEMENTS STANDARDS (SECTION 18.810):
Street And Utilitv Improvements Standards (Section 18.810):
CF-apter proves construction standards or 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 Collector street to
have a 70 right-of-way width and 46-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 Bull Mountain Road, which is classified as a Collector on the City of
Tigard Transportation Plan Map. At present, there is approximately 30 feet of ROW from centerline,
according to the most recent tax assessor's map. The applicant should dedicate the addition ROW
required to provide 35 feet from centerline plus the radius at the corners of the intersection.
NOTICE OF DECISION PAGE 27 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
SW Bull Mountain Road is currently partially improved. In order to mitigate the impact from this
development, the applicant should construct half-street improvements.
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
=11oped. are intended to continue as through streets at such time as the adjoining property is
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 applicant has submitted a future street plan for circulation through properties to the south and west.
Profiles shall be provided with the construction plans for review. Topographic data for off-site, future
streets may be based on aerial topo.
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.
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's plans indicate three public streets will be constructed to the south and west property
lines. The future extension of these streets is included in the future street circulation plan submitted with
this application.
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 applicant has requested an adjustment to the street grade standard for Dekalb Street and the
northern section of 164 Avenue. Dekalb Street is an extension of an existing street in the Arbor
Pointe subdivision to the east. The grade of the existing street is already approximately 17%. This
grade would be continued for another 100 feet into this development with an additional 25 foot section
at 16%. The applicant has requested the adjustment as the minimum necessary to ensure that
excessive fill is not required on the site.
The applicant is also requesting an adjustment to the grade of the north section of 164th Avenue to
allow an 18% grade for an approximate distance of 50 feet to the western property line.
All other streets grades comply with this standard.
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Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a
development abuts or is traversed by an existing or roposed arterial or major collector street
the development design shall provide adequate protection for residential properties and shah
separate residential access and through traffic or if separation is not feasible, the design
shall minimize the traffic conflicts. The design still 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.
This development is adjacent to Bull Mountain Road, which is classified as a Collector. The applicant
has proposed one public street, 164 Avenue, which will intersect with Bull Mountain Road. There
shall be no other direct access to Bull Mountain Road. The applicant's plat shall include anon-
access strip along Bull Mountain Road except at the approved 164"' Avenue location.
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 is proposing to construct three private streets, Tracts H, J & K. These private streets
do not serve more than 6 lots, thereby meeting the criterion. The applicant's plans indicate 22 foot
wide private tracts for the street and 5 foot private sidewalk easements.
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 y the City =ts to approval of the final plat. he City's public improvement design
standards require private 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
desicined 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 18.810.040.6.1 states that the perimeter of blocks formed by streets shall
not exceed 2,000 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.
The proposed project does not create blocks. However, the applicant has shown the future extension
of the proposed streets, which do not exceed 2,000 feet in size. Therefore, this standard has been
satisfied.
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.
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SUB2005-00013 - VOL.PE SUBDIVISION
As mentioned above, no blocks will exceed 2,000 feet in length. Therefore, no pedestrian
connections are required. This standard does not apply.
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.
The largest of the proposed parcels is lot #24 which is 7,702 square feet, the depth of which is 132 feet.
The width of lot #24 is 60 feet. Therefore, this standard has been satisfied.
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 has a minimum of 25 feet of frontage onto a public or private street.
Therefore, this standard has been satisfied.
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 on both sides of the proposed public
streets and on one side of each of the private streets, thereby meeting this criterion.
Sanitary Sewers:
Sewers Required: Section 18.81.0.090.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 applicant shall submit their sanitary sewer plans and calculations to the City and CWS for review.
CWS shall review, permit and inspect the proposed public sewer system.
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 stormwater runoff from the Arbor Pointe subdivision is routed through this development. The
public system was constructed with that subdivision over a portion of this development. Therefore,
upstream drainage has already been accommodated through this site.
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
NOTICE OF DECISION PAGE 30 OF 39
SUB2005-00013-VOLPE SUBDIVISION
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.
The applicant is not proposing to provide detention. The applicant's storm sewer plans must be
reviewed and approved by CWS.
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.
Bull Mountain Road is designated a bicycle facility.
Cost of Construction: Section 18.810.110.13 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.
It would not be practical to require the developer to stripe the bike lane at this time. However, it would
be appropriate for the applicant to contribute funds to the City to cover the cost of the bike lane
striping.
The amount of the striping would be as follows:
• 306 feet of 8-inch white stripe, at $2.50/lf $ 765.00
• 8 Mono-directional reflective markers @ $4.00/ea $ 32.00
• 2 Bike lane legends @ $175/ea $ 350.00
• 2 Directional mini-arrows a- 5100/ea 200.00
$1,347.00
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 minimum width is 6 feet for a bicycle lane on a Collector street.
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.
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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.
There are existing overhead utility lines along the frontage of SW Bull Mountain Road. The City
Engineer must review and approve any request for the fee-in-lieu. If the fee in-lieu is proposed, it is
equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along
this site is 330 lineal feet; therefore the fee would be $11,550.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
STANDARDT:
Traffic Study Findings:
i e son Associates submitted a Traffic Impact Analysis, dated August 3, 2004, for this
development. The analysis looked at the transportation-related impacts of this protect on the
following intersections: Bull Mountain Road ~IBMh R /163 Avenue, 161 Avenue/Deka b Street, 150
Avenue/Burgundy Street and the proposed 14Avenue/BMR.
The report concludes that these intersections operate at an acceptable level of service under year
2003 existing conditions during weekday a.m. and p.m. peak period. The intersections are expected
to operate acceptably under year 2004 background traffic conditions during the weekday a.m. and
p.m. peak periods.
The proposed development is estimated to generate approximately 580 new daily trips, of which 45
trips will occur during the weekday a.m. peak hour and 60 trips will occur during the weekday p.m.
peak hour.
Left-turn and right-turn warrants are not met at the intersection of Bull Mountain Road/163rd Avenue.
The engineer indicates that the daily trips for all proposed internal, public strets will be less than 500
vehicles per day. This allows the construction of Dekalb Street and 16416 Avenue" (south leg) as
skinny streets with parking on both sides. This also allows the northern leg of 164 Avenue to be
constructed as a skinny street with parking on one side.
Public Water Svstem:
The City o Tigard provides service in this aria. The applicant shall provide a 16" diameter water line
in Dekalb Street and the southern leg of 1641 Ax"enue. The applicant shall also provide a 16" cross at
the intersection of Bull Mountain Road and 164 Avenue. The work in the intersection shall include
the a section of 16" diameter line in Bull Mountain Road to the east, 16" diameter line to the north and
16" x 8" reducers to the west and south for 8" diameter lines. The 8" diameter line shall be extended
to the west in Bull Mountain Road to the west end of the pro'.ect frontage. The applicant shall submit
revised plans for review and approval by the City of Tigard' Water Department. The City of Tigard
Water Department will pay for the differential cost between a 12" diameter line and the required 16"
diameter line.
The applicant shall provide Tualatin Valley Fire Department approval of the fire hydrant spacing plan
with their PFI application.
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Storm Water Qualit :
The wit as agree 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 ppercent 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 construction the applicant shall submit plans and calculations for a water quality facility that
will meet the CWS 15esign Standards. In addition, the applicant shall submit a maintenance plan for
the facility that must be reviewed and approved by CWS prior to construction.
Gradin and Erosion Control:
Design an ons ruc ion 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 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 1200-C permit is required for this development. The developer shall submit the application to the
City for review and land use verification. The City will then forward the application to CWS for review
and approval.
Address Assignments:
e City o agar is responsible for assigning addresses for parcels within the City of Tigard and
within the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per address
shall be assessed. This fee shall be paid to the City prior to final plat approval.
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.
Surve Requirements:
e applicant's final plat shall contain State Plane Coordinates [NAD 83 (91n two monuments with a
tie to the City's global positioning system (GPS) geodetic control network 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:
NOTICE OF DECISION PAGE 33 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
GPS tie networked to the City's GPS survey.
By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's
engineer shall provide the City with an electronic file with points for each structure (manholes, catch
basins, water valves, hydrants and other water system features in the development, and their
respective X and Y State Plane Coordinates, referenced to NAD 83 (91).
D. - IMPACT STUDY
Section states that the applicant shall provide an impact study to quantify the
effect of 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 a requirement for public right-of-way
dedication, or provide evidence that supports the conclusion that the real property dedication
requirement is not roughly proportional to the projected impacts of the development.
Section 18.390.050 states that when a condition of approval requires the transfer to the public
of an interest in real property, the approval authority shall adopt findings which support the
conclusion that the interest in real property to be transferred is roughly proportional to the
impact the proposed development will have on the public.
Any required street improvements to certain collector or higher volume streets and the Washington
Count Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development.
Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan
II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new
development on the Collector and Arterial Street system. Presently, the TIF for a detached,
single-family dwelling is $2,851.
The internal streets within the subdivision are needed to allow the subdivision to develop and the
need for these streets is created by the subdivision. Because the need for the internal streets is
created by the development, the impact of the development is direct) proportional to the cost of
dedication and construction of the internal streets. Upon completion of this development, the future
builders of the residences will be required to ay TIF's totaling approximately $139,699 ($2,851 x 49
dwelling units). Based on the estimate that total TIF fees cover 32 percent of the impact on major
street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is
$436,559 ($139,699 divided by .32). The difference between the TIF paid and the full impact, is
considered as unmitigated impact. The unmitigated impact can be valued at $296,860 ($436,559-
$139,699).
The developer is required to improve SW Bull Mountain Road along the project frontage (330 feet @
$200 per lineal foot = $66,000) and provide funds for bike lane striping ~$(e 1132). The total value of
these improvements is approximately $67,132. The developer will also dedicating 1,650 square
feet of right of way for Bull Mountain Road, valued at $3 per square foot equals approximately $4,950.
TOTAL VALUE OF IMPACT $436,559
LESS TIF PAID $139,699
LESS SW BULL MOUNTAIN IMPROVEMENTS $67,132
LLEESSS SW BULL MOUNTAIN ROW
Given that the value of these improvements is less than the value of the unmitigated transportation
impacts, the exactions are proportionate.
NOTICE OF DECISION PAGE 34 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
E. - WASHINGTON COUNTY BULL MOUNTAIN COMMUNITY PLAN
This area is within the City o igar s ran Services Area. n 1997 the City of Tigard and
Washington County entered into an agreement that Tigard would review all applications for
development within the Urban Services Area. Washington County adopted the City's Development
Code in this area and an Urban Planning Agreement was entered into. This Agreement indicated that
the City would continue to review projects in "areas of special concern" as defined in the SW Bull
Mountain Community Plan (May 12, 1997 Urban Services Intergovernmental Agreement). This
project site is not in any Areas of Special Concern or wildlife habitat designations. The following
section addresses the other relevant portions of the Community Plan.
Summit and Slopes - Design Elements:
1. The residential character of this subarea is to be protected. Improvement of roadways
should be done in a manner which does not encourage excessive traffic. All roads
planned for improvement or connection to SW Bull Mountain Road within the Planning
area should be constructed as minor collectors or local streets following the
topography generally and not directly aligned with other major roadways.
The proposed development is a residential subdivision. Streets will be designed as local streets and will
generally follow the topography on the site. Layout of streets is largely dictated by the city's connectivity
standards, which require among other things, block lengths to not exceed 2,000 linear feet, and street
connections to occur every 530 feet. Streets within the subdivisiop are typically extensions of the street
pattern established in Arbor Pointe, with the exception of SW 1641 which runs perpendicular to SW Bull
Mountain Road and are also dictated by the location of the wetland resource area. This subdivision
provides 5 stub connections to other subdivisions, present and future, to disperse traffic.
2. Hillside building techniques and foundation designs such as stilts, stepped foundations,
etc. shall be used to minimize the alteration of existing slopes over 20 percent. Detailed
site plans, elevations and sections shall be required showing all structures, foundations,
and techniques proposed for hillside construction. These, as well as other site plan
requirements for budding on steep slopes, as defined in the Community Development
Code, are intended to ensure that development activities do not increase the potential for
earth movements such as landslides or land failures in the steeply sloped subarea.
There are no areas on the site that meet the criteria for steep slopes (defined as greater than 25% by the
development code). Detailed site plans will be generated at the building permit stage for home
construction.
3. No grading, filling, clearing or excavation of any kind shall be initiated on steep slopes
until a grading plan, as defined in the Community Development Code, is approved.
Borrowing to obtain fill material shall be prohibited unless the material is obtained from a
cut permitted under an approved grading plan, or imported from outside the hillside area.
The final grading plan will show all proposed grading. Additionally as previously noted, there are no
areas of steep slopes on the.site.
4. Removal of natural vegetation shall be minimized, existing vegetation protected and
destroyed vegetation replaced. This is required in order to conserve important natural
areas, decrease the potential for erosion, decrease the amount of surface water runoff and
help prevent earth movement in hazardous areas. A slope stabilization and revegetation
plan, which includes a schedule for revegatation after areas have been cleared, shall be
included with the required grading plan. Revegetation shall be completed before October
15 of the year of construction, or a temporary treatment shall be required sufficient to
prevent erosion prior to the rainy season
An erosion control/ grading pplan will be required to show revegetation methods in compliance with this
standard. Vegetation will be protected within the water resource area. Other areas of the site will
require stripping to grade the lots for proper storm drainage. However, these areas will be reseeded
and/or covered with mulch to prevent erosion.
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SUB2005-00013 - VOLPE SUBDIVISION
5. Because trees are such an important natural and scenic resource on SW Bull Mountain,
development in areas of standing trees shall be designed to minimize the number of trees
to be cut. At the time of development, no more than fifty percent of the mature standing
trees (six inch diameter or greater) shall be removed from any parcel. Development
design and clearing for structures shall provide for maximum retention of old growth
trees. Prior to development, the harvesting of forest tree species for their commercial
value shall be in accord with the Oregon Forest Practices Act. The slope stabilization and
revegetation plan shall indicate the mature tree planned for removal and describe the
replacement programs. Replacement trees must be of at least 11/2-inch diameter.
This issue is addressed under the Tree Removal section of this decision. The City's tree removal
standards require only review and mitigation of trees over 12 inches in caliper. The majority of the trees
on this site were removed more than a year prior to the development application. The remaining trees
will largely remain intact in the wetland area, however, the applicant has proposed to remove 4 trees to
site a sewer line. These will be subject to a separate tree removal permit process. Nevertheless, there
are fifty trees on the site greater than 6 Inches diameter, according to the applicant's arborist, so even
with these four removals, the retention rate is 80 percent.
6. Streams, seasonal waterways and immediately adjacent riparian zones, as defined in the
Community Development Code, shall be preserved in their natural condition including
topography and vegetation. Where roads are required, bridges shall be preferred means
of crossing streams and waterways rather than infill and piping or channelization of water
flow.
The wetland located in the northwest corner of the site is being preserved in open space areas (Tract A),
with buffer areas contained in Tracts B, C, E. As noted previously in this decision, this division of
ownership of tracts complicates management and maintenance of the open space area. The
development code authorizes staff to enact conditions of approval to mitigate for impacts generated by
the development provided the condition is related to andproportionate with the level of anticipated
impact. Therefore, it will be a requirement of this decision that the open space tracts be wholly
consolidated into a single tract on the final plat and conveyed to the homeowners association.
7. Use of power line easements for farm operations, open space, and wildlife habitat shall be
encouraged as appropriate in this subarea.
There are no power line easements within the subject proposal area. This element is not applicable.
8. This Design element refers to Area of Special Concern 1, which is not within the project
area. Therefore, this element does not apply.
9. This Design element refers to Area of Special Concern 2, which is not within the project
area. Therefore, this element does not apply.
10. This Design element refers to Area of Special Concern 3, which is not within the project
area. Therefore, this element does not apply.
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Water Department has reviewed the proposal and submitted comments which have
already been incorporated in the "Street and Utility Improvement" section above.
The City of Tigard Forester has reviewed the proposal and submitted comments which have been
incorporated Info the "Tree Removal" section above.
NOTICE OF DECISION PAGE 36 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
SECTION VIII. AGENCY COMMENTS
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments:
Thank you for the opportunity to review the proposed site plan surrounding the above named
development project. Tualatin Valley Fire & Rescue endorses this proposal predicated on the
following criteria and conditions of approval:
NOTE: The following comments are based on Tualatin Valley Fire & Rescue's previous
Ordinance 99-01 due to the timing of this project.
1) When buildings are completely protected with an approved automatic fire sprinkler system, the
requirements or fire apparatus access may be modified as approved by the Chief.
2) Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the
building as measured by an approved route around the exterior of the building. An approved
turnaround is required if the remaining distance to an approved intersecting roadway, as
measured along the fire apparatus access road, is greater than 150 feet.
The proposed turnaround located at the intersection of 164th Ave. and Tract "K" is
acceptable as submitted.
The~nroposed turnaround located within the bulb cul-de-sac on the north portion of SW
1641 Ave. is acceptable as submitted.
3) Where there are 25 or more dwelling units, vehicle congestion, adverse terrain conditions or other
factors as determined by the Chief of the fire department not less than two approved means of
access shall be provided to the city/county roadway or access easement. Exceptions may be
allowed for approved automatic sprinkler system.
All gf the homes served by the extension of SW Dekalb Street and the south portion of SW
164 Ave. shall be provided with automatic fire sprinkler systems in accordance with NFPA
13D.
4) Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (15 feet for
one or two dwelling units and out buildings), and an unobstructed vertical clearance of not less
than 13 feet 6 inches.
5) Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from
the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel
load) and 50,000 pounds live load (gross vehicle weight). You may need to provide documentation
from a registered engineer that the design will be capable of supporting such loading.
Documentation from a registered engineer that the finished construction is in accordance with the
approved plans or the requirements of the Fire Code may be requested.
6) The inside turning radius and outside turning radius shall be not less than 25 feet and 45 feet
respectively, measured from the same center point.
7) Where fire apparatus roadways are less than 28 feet wide, "NO PARKING" signs shall be installed
on both sides of the roadway and in turnarounds as needed. Where fire apparatus roadways are
more than 28 feet wide but less than 32 feet wide, "NO PARKING" signs shall be installed on one
side of the roadway and in turnarounds as needed. Where fire apparatus roadways are 32 feet
wide or more, parking is not restricted. Signs shall read "NO PARKING - FIRE LANE" and shall
be installed with a clear space above ground level of 7 feet. Signs shall be 12 inches wide by 18
inches hi h and shall have black or red letters and border on a white background. (UFC Sec.
901.4.5.1
8) Private fire apparatus access roadway grades shall not exceed an average grade of 10 percent
with a maximum grade of 15 percent for lengths of no more than 200 feet. Intersections and
turnarounds shall be level (maximum 5% with the exception of crowning for water run-off. Public
streets shall have a maximum grade of 15%.
NOTICE OF DECISION PAGE 37 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
SW Dekalb St. exceeds this standard. Grades of up to 20% will be acceptable when,411 the
homes served by the extension of SW Dekalb Street and the south portion of SW 164 Ave.
are provided with automatic fire sprinkler systems in accordance with NFPA 13D.
9) Fire hydrants for single family dwellings, duplexes and sub-divisions, shall be placed at each
intersection. Intermediate fire hydrants are regwired if any portion of a structure exceeds 500 feet
from a hydrant at an intersection as measured in an approved manner around the outside of the
structure and along approved fire apparatus access roadways. Placement of additional fire
hydrants shall be as approved by the Chief.
io) Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access
roadway.
11) Fire hydrant locations shall be identified by the installation of reflective markers. The markers
shall be blue. They shall be located adjacent and to the side of the centerline of the access road
way that the fire hydrant is located on. In case that there is no center line, then assume a
centerline, and place the reflectors accordingly.
The proposed number and distribution of fire hydrants is acceptable as submitted.
12) The minimum available fire flow for single family dwellings and duplexes 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 UF~ Appendix Table A-III-A-1.
13) Approved fire apparatus access roadways and fire fighting water supplies shall be installed and
operational prior to any other construction on the site or subdivision.
Washington County is the jurisdiction responsible for road maintenance and will review the
construction plans for transportation improvement requirements. The Department of Land Use and
Transportation has commented that the future street plan indicates a connection to Roy Rogers
Road, which would not be allowed. Staff notes that this is not part of the present proposal and is
shown for conceptual road extensions only. Apart from the future streets plan, Washington County
will not be submitting additional requirements or conditions.
SECTION IX. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Final Decision:
EE THIS DECISION IS FINAL ON SEPTEMBER 7, 2005 AND
EFFECTIVE ON SEPTEMBER 22, 2005 UNLESS AN APPEAL IS FILED.
Appeal:
The Director's Decision is final on the date that it is mailed. Any party with standing as provided in
Section 18.390.040.6.1. may appeal this decision in accordance with Section 18.390.040.6.2. of the
Tigard Community Development Code which provides that a written appeal together with the required
fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was
mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City
Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
NOTICE OF DECISION PAGE 38 OF 39
SUB2005-00013 -VOLPE SUBDIVISION
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be
submitted by any partyy during the appeal hearing, subject to any additional rules of procedure that may
be adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON SEPTEMBER 21, 2005.
Questions:
T ou~ave any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125
Hall Boulevard, Tigard, Oregon at (503) 639-4171.
September 7 2005
PREPARED.,-;:M hew eidegger ATE
Associate Planner
NOTICE OF DECISION PAGE 39 OF 39
SUB2005-00013 - VOLPE SUBDIVISION
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