SUB2006-00004 Decision - AUTUMN VIEW SUBDIVISION
NOTICE OF TYPE II DECISION
"URBAN SERVICE AREA"
SUBDIVISION (SUB) 2006-00004
AUTUMN VIEW SUBDIVISION
(Includes a 14-day extension) 120 DAYS = 8/15/2006
SECTION I. APPLICATION SUMMARY
"URBAN SERVICE AREA'
FILE NAME: AUTUMN VIEW SUBDIVISION
CASE NOS.: Subdivision (SUB) SUB2006-00004
Temporary Use Permit (TUP) TLT2006-00001
REQUEST: The applicant requests approval of a 50-lot Subdivision for detached single-family homes on
10.86 acres. 1.5 acres of t-he subject property is proposed for open space to preserve a stand
of trees. The proposed lots average 5,731 square feet in size between 4,536 and 9,184 square
feet. All existing structures will be removed prior to development. The applicant is also
seeking approval of a Temporary Use Permit for a model home.
APPLICANT: Venture Properties, Inc. OWNER: ShinlyEnterrpprises
4230 SW Galewood Street, Suite 100 PO Box 28417
Lake Oswego, OR 97035 Bellingham, WA 98228-0417
APPLICANT'S AKS Engineering & Forestry, LLC
REP.: Attn: Alex Hurley.
13910 SW Galbraith Dr., Suite 100
Sherwood, OR 97140
COMPREHENSIVE
PLAN
DESIGNATION: Medium Density Residential
ZONE: R-7 Medium Densi Residential. The R-7 zoning district is designed to accommodate
attached single-family homes, detached single-family homes with or without accessory
residential units, at a miturnum 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: 14735 and 14825 SW Beef Bend Road; WGTM 2S117AA, Tax Lots 2000 and 2200. The
project is located north of SW Beef Bend Road and east of SW 150th Avenue within Tigard's
unincorporated Urban Services Boundary.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.430, 18.510, 18.705, 18.715, 18.725,
18.745, 18.765, 18780, 18.785, 18.790, 18.795 and 18.810; and the Bull 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 34
SUB2006.00004- AUTUMN VIEW SUBDIVISION
e
CONDITIONS OF APPROVAL
The subject site is located within the urban services area of the City of Tigard and is, therefore, under the
city of Tigard's planning review ursuant to the September 2062 Intergovernmental Agreement with
Washington County. The May 15, 3006 amendment to this agreement includes a letter of understanding
whereby this land use decision will be issued by the City, but the County will be responsible for
administering the conditions of approval, except for those conditions (1, 3, 28, and 35) concerning tree
protection and mitigation.
PRIOR TO COMMENCING ANY ON-SITE IMPROVEMENTS, INCLUDING CLEARING,
GRADING, EXCAVATION, AND/OR FILL, THE FOLLOWING CONDITIONS SHALL BE
SATISFIED:
The app scant shall pre are a cover letter an submit it, along with any supporting ocuments and/or
plans that address the followin requirements to the CURRENT PLANNING DIVISION, ATTN: Gary
Pagenstecher 503-639-4171, EXT 2,f34. The cover letter shall clearly identify where in the submittal the
required information is found:
1. Prior to commencing site work, the applicant shall submit a cash assurance or any other assurance a proved
by the City for the equivalent value of mitigation required in the amount of $248,000.00 (1,98, caliper
inches x $125.00 per inch . To satisfy this requirement, the applicant mayplant trees onsite, offsite, or pay a
fee-in-lieu at the rate of) $125/caliper inch. Any trees planted for mrti ation on the site or off site in
accordance with 18.790.060 (D) and the Forester's comments provided or this decision will be credited
against the cash assurance, for two years following final ppl~ot approval (a revised mitigation plan shall be
subrriitted for review and approval to the City Foresters. After such time, the remaining value of the cash
assurance will be retained by the City as a fee in lieu of p anting.
2. 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 Removarplan are authorized for removal bythis decision.
3. 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 performin
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 supppportingg documents and/or
plans pUiat address the followin requirements to the ENGINEERING DETsARTMENT, ATTN: KIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
4. Prior to commencing onsite improvements, a Washington County (WACO) Facility permit is required for this
project to cover public street and utility 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 drawin s required by the Building Division and should only include
sheets relevant to public improvements. Facility Permit plans shall conform to City of Tigard Public
Improvement Design Standards, which is available at City it and the City's web page (www.tigard-ongov)
and Washington County's Uniform Road Improvement Design Standards.
5. The Facility Permit plan submittal shall include the exact legal name, address and telephone number of the
individual or corporate entity who will be designated as the "Permittee", and who vZ provide the financial
assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership,
LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate
contact person. Failure to provide accurate information to the Engineering Department will delay processing
of project documents.
6. The applicant shall provide a construction vehicle access and parking plan for approval by the County Engineer.
The purpose of this plan is for parking and traffic control during the public improvement construction phase.
NOTICE OF DECISION PAGE 2 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
7. The applicant shall submit construction plans to the Engineering Department as a part of the Facility Permit,
which indicate that they will construct a half-street improvement along the frontage of Beef Bend Road. The
improvements adjacent to this site shall include:
A. County standard pavement section for an A-8 Arterial street from curb to centerline equal to 25 feet-
B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shal'1 be
built beyondpthe site frontage;
C. concrete curb, or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface
runoff;
E. 5 foot concrete sidewalk with a planter strip;
F. street trees in the planter strip spaced per TDC requirements;
G. street striping;
H. streetlight layout by applicant's engineer, to be approved by City Engineer;
I. underground utilities;
street signs (if ap li cable);
driveway apron ( applicable); and
L. adjustments in vertical and/or horizontal alignment to construct SW Beef Bend Road in a safe manner,
as approved bythe Engineering Department.
8. The applicant shall submit construction plans to the Engineering Department as a part of the Facility Permit,
which indicate that they will construct a half-street improvement along the frontage of 150h Avenue. The
improvements adjacent to this site shall include:
A. County standard pavement section for a G3 Collector street from curb to centerline equal to 25 feet-
B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shah be
built beyond the site frontage;
C. concrete curb, or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface
runoff;
E. 5 foot concrete sidewalk with a planter stn~pp;~
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;
L underground utilities;
street signs (if ap licable),
driveway apron (if applicable); and
L. adjustments in vertical and/or horizontal alignment to construct SW 150'hAvenue in a safe manner, as
approved by the Engineering Department.
9. The applicant's Facility Permit construction drawings shall indicate that full width street improvements,
inclu&ng traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete
pavement, sanitary sewers, storm drainage, street trees, street ' hts, and underground utilities shall be installed
within the interior subdivision streets A = D. Improvements shall be designed and constructed to local "skinny"
street, Figure 18.810.5.B.
10. The applicant's Facility Permit construction drawings shall indicate that full width street improvements,
including traffic control devices, mailbox clusters, concrete sidewak, driveway aprons, curbs, asphaltic concrete
pavement, sanitary sewers, storm drainage, street trees, streetlights and underground utilities shall be installed
along the extensions of Trevor and Rosario Lanes. Trevor Lane will have a 50 foot right-of-way (RO~' aved
section of 28 feet, 5 foot sidewalk and 5 foot planter strip. Rosario Lane will. have a 50 foot . O , foot
easements on each side, 30 foot paved section, 5 foot sidewalk and 5 foot planter strip.
11. The applicant shall submit a Tualatin Valley Fire & Rescue (TVF&R) approved queuing plan for the `skinny
streets.
12. The applicant's plans shall include details of the WACO eyebrow corners proposed for this development.
13. The applicant shall remove all vegetation along 150"' Avenue south of Rosario Lane as required to achieve the
required sight distance.
NOTICE OF DECISION PAGE 3 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
14. The applicant shall remove all vegetation along Beef Bend Road to the east of 150`x' Avenue as required to
achieve the required sight distance.
15. The applicant shall provide WACO with a list of improvements at the intersection of Beef Bend Road and 146`F'
Avenue in order to achieve the required sight distance. These improvements shall be implemented as directed
by Washington County.
16. The applicant's plans shall be revised to provide a 32 foot paved section on the Rosario Lane extension into
the development. Two feet of sidewalk on each side will be placed in a public easement.
17. The ap lic it's plans shall be revised to include sidewalk along the west side of Street `D' if required in the
2un tsengineering review. erty lineThe applicant
ypaya fee in_ lieu of constructing the sidewalk along the west side of Street `D'.
18. A profile of Beef Bend Road shall be required, extending 300 feet either side of the subject site showing the
existing grade and proposed future grade.
19. A profile of 150`x' Avenue shall be required, extending 300 feet either side of the subject site showing the
existing grade and proposed future grade.
20. No lots shall be permitted to access directly onto Beef Bend Road.
21. No lots shall be permitted to access directly onto 150' Avenue.
22. Prior to issuance of the Facility Permit, the applicant shall obtain approval from CWS for the public sanitary
sewer system.
23. Prior to issuance of the Facility Permit, the applicant shall obtain approval from CWS for the public storm and
water quality f acility systems. This approval shall include the upsiziiig of the downstream system.
24. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit
construction drawings and shall be reviewed and appproved by the City's Water Department, as a part of the
Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on
deposit with the Water Department prior to approval of the PFI permit plans from the Engineering
Department and construction of public water lines.
mprovement (PFI) permit drawings.
25. An erosion control plan shall be provided as part of the Public FacTV
ntrol Design and Planning Manual,
The plan shall conform to the Erosion Prevention and
February2003 edition."
26. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the
provisions for surface drainage of all Tats, and show that they wiIl be graded to insure that surface draina e is
directed to the street or a public storm drainage syysstem approved by the Engineering Department. For
situations where the backpponions of lots drain awaytrom a street and toward adjacent lots, appropriate private
storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot.
27. The applicant shall obtain a 1200-C General Permit issued by the County and CWS pursuant to ORS 468.740
and the Federal Clean Water Act.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
e app scant shall prepare a cover letter an submit it, along with any supporl n ocuments and/or
plans that address the followin requirements to the CURRENPLANNING S ION, ATTN: Gary
Pagenstecher 503-639-4171, E 2434. The cover letter shall clearly identify where in the submittal the
required information is found:
28. Prior to final plat approval, the applicant shall 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
NOTICE OF DECISION PAGE 4 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
rotection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the
encin_g 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 qty can stop work on the project until an inspection can be done by the
qty 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
29. Prior to final plat approval, due to the location of the private airport immediately south of Beef Bend Road
at SW 150th Avenue, the applicant shall record a plat note on the final plat to the effect that "this
subdivision is subject to a noise disclosure statement".
The applicant shall prepare a cover letter and submit it, along with any supppportingg documents and/or
plans that address the following requirements to the ENGINEERING DEISARTMENT, ATTN: KIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
30. Prior to final plat approval, the applicant shall pay the addressing fee.
31. Prior to final plat approval, the applicant shall ay $3,322.50 to the City for the striping of the bike lane
along the frontages Beef Bend Road and 150 Avenue.
32. The applicant shall cause a statement to be laced on the final plat that provides a non-access reservation
along the Beef Bend Road and 150th Avenue frontages.
33. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the County's
globa 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 ang~e from nort h to grid north. These coordinates can be established by.
GPS tie networked to the County's GPS survey.
By random traverse using conventional surveying methods.
34. Final Plat Application Submission Requirements:
A. Submit for County 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
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.
D. The right-of-way dedication for Bee Bend Road (45 feet from centerline) and 150th Avenue (37 feet
from centerline) shall be made on the final plat.
E. After the City and County have reviewed the final plat, submit two myiar copies of the final plat for
County Engineer signature.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
The app scant shall prepare a cover letter an submit it, along With any suppomng documents and/or
plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary
Pagenstecher 503-639-4171, E 2434. The cover letter shall clearly identify where in the submittal the
required information is found:
35. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the location of
the trees that were preserved on the adjacent lots location of tree protection }encing, and a signature of
approval from the pro pct arorist 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 maybe removed.
NOTICE OF DEOSION PAGE 5 OF 34
SUB200Er00004- AL TUMN VIEW SUBDIVISION
il
36. Prior to issuance of building ppermits, the applicant/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 maybe 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.
37. Prior to issuance of building permits, the developer shall sign a copy of the City's sign compliance
agreement.
38. Prior to issuance of building permits for Lot 32, the applicant shall provide construction drawings that
include sprinkling, pursuant to TVFR design standards.
The applicant shall prepare a cover letter and submit it, alo~n~gg with any supppportingg documents and/or
plans that address the followin requirements to the ENGINEERINGDETIARTMENT, ATTN: KIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
39. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a
Prior
copy of the recorded final plat.
40. Prior to issuance of buildin perm ts, the applicant shall provide the City with as-built drawings of the public
improvements as follows: 3 mil mylar, 2) a diskette of the as-builts in ` DWG" format, if available; otherwise
"I_XF" 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).
41. The applicant shall either place the existing overhead utility lines along SW 150th Avenue and SW Beef Bend
Road underground as a part of this project, or they shall pay the fee in-lieu of undergroundin . The fee shall be
calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 ereal foot. If the
fee option is chosen, the amount will be $29,995.00 and it shall be paid prior to issuance of building permits.
42. To ensure compliance with Clean Water Services (CWS) design and construction standards, the applicant
shall employ the design engineer responsible forte 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 ins ection, the design engineer shall provide the County and CWS with
written confirmation that the water quality facility is in compliance with the design and specifications.
43. Prior. to issuance of building permits, the a licant's engineer shall submit final sight distance certification,
meetng Washington County Community 9eveloppment Code standards, for the following intersections:
Beef Bend RoaV146t' Avenue, Beef Bend Road/ 150t' Avenue, 150th Avenue/Rosario Lane and all interior
intersections within the development.
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 approv is certified on the final plat, and before approved construction plans are issued by the City, the
Subdivider shall:
1. Execute and file an agreement with the City Engineer specifying the period within which all required
improvements and repairs shall be completed; and
2. Include in the agreement provisions that if such work 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.
NOTICE OF DECISION PAGE 6 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
18.430.090 Bond:
As required by Section 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 maybe 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 Application Submission Requirements:
Three. copies of the subdivision plat prepared by a land 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:
Centerline Monumentation
In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-
way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be
set:
1. All centerline-centerline intersection points;
2. All cul-de-sac center points; and
3. Curve points, beginning and ending points (PC's and PT's).
All centerline monuments shall be set during the first lift of pavement.
Monument Boxes Required
Monument boxes co orming to City standards will be required around all centerline intersection points, cul-de-sac
center points, and curve points.
The tops of all monument boxes shall be set to finished pavement grade.
18.810 Street & Utility Improvement Standards:
18.810.120 Utilities
All utility lines including, but not limited to those required for electric, communication, lighting and cable television
services and related facilities shall be placed underground, except for surface-mounted transformers, surface-mounted
connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or above.
18.810.130 Cash or Bond Required
All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one
year following acceptance by the City.
Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the
City Engineer.
NOTICE OF DEQSION PAGE 7 OF 34
SUB2006.00004- AUTUMN VIEW SUBDIVISION
The cash or bond shall complywith the terms and conditions of Section 18.810.180.
18.810.150 Installation Prerequisite
No land division improvements, includi71 sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other
requirements shall be undertaken except er the plans therefore have been approved by the City, permit fee paid and
permit issued.
18.810.180 Notice to Ci Required
Work shall not begin until the Gtyhas been notified in advance.
If work is discontinued for any reason, it shall not be resumed until the City is notified.
18.810.200 Engineer's Certification
The land divider's engineer shall provide written certification of a form provided by the City that all improvements
workmanship and materials are in accord with current and standard engineering and construction practices, and are o?
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.
SECTION III. BACKGROUND INFORMATION
Site History:
A search of city records indicates that the subject parcel does not have any previous land use cases on file. The
subject site is located within the Urban Services Area of the City of Tigard and is, therefore, under the City of
Tigard's planning review pursuant to the September 2002 Intergovernmental Agreement with Washington County.
The May 15, 2006 Amendment to this agreement includes a Letter of Understanding whereby this land use decision
will be completed by the City, but the County will be responsible for Public Facility Improvement plan review,
construction inspection, and approval.
Site Information and Proposal Description:
The site is located on the southern slope of Bull Mountain. The site generally slopes from north to south with slopes
of less than 20%. The northern portion of the site is covered with trees and the southern portion of the site consist
primarily of grass fields with scattered trees. There are existing homes and two outbuildings located on the site, which
will be removed. The applicant requests approval of a 50-lot Subdivision for detached single-famil homes on 10.86
acres. 1.5 acres of the subject property is proposed for open space to preserve a stand of trees. The proposed lots
average 5,731 square feet in size between 4,536 and 9,184 square feet. All existing structures will be removed prior to
development. The applicant is also seeking approval of a Temporary Use Permit for a model home.
Vicinity Inf ormation:
The proposed development lies at the northeast comer of the intersection of SW Beef Bend Road and SW 150th
Avenue within unincorporated Washington County. Land to the north and east is zoned R-7. The land to the north
is fully developed; Ian d to the east is currently being developed as the Trevor Ridge Subdivision. The land to the
south is located outside the Urban Growth Boundary and contains an existing a~'rport and residences. The subject
site is bounded on the west by two parcels zoned R 7 which separate the site from SW 150thAvenue and are
currently developed with a single-family dwelling each.
SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET
The Tigard Community Development Code requires that property owners within 500 feet of the subject site be
notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a
decision being made. Staff has received one written comment from a neighbor regarding this application prior to
the end of the comment period.
NOTICE OF DECISION PAGE 8 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
Michael Meyer commented that his family owns the Meyer's Riverside Airpark, located at the intersection of Beef
Bend Road and SW 150`h Avenue. The airport is registered with the State of Oregon and has been in operation for
approximately 60 years. Currently airplanes, ultra-lights, hot air balloons, and helicopters use the airport. Mr. Meyer
is concerned that a disclosure be made to potential buyers of Autumn View lots regarding the existence of the
airport and the noise associated with it.
RESPONSE: Staff agrees that there may be a potential conflict between the noise generated by the use of the
airport and the reasonable expectation of peace and quiet by residential home owners in the adjacent
Autumn View Subdivision. Therefore, the applicant shall include a plat note on the final plat to the
effect that "this subdivision is subject to a noise disclosure statement".
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
18.430
B. Am)licable Develo went Code Sections
1.10 Residential onin Districts
18.705 Access, Egress an Circulation)
18.715 ensity)
18.725 nvironmental Performance Standards)
18.745 andscapingg and Screening)
18.765 Off-Street Parking and Loading Requirements)
18.780 Signs)
18.785 Temporary Uses)
18.790 Tree Removal)
18.795 ision Clearance)
C. Street and Utility Im rovement
18.810 (Street an Utility Improvement Standards)
D. Decision Makin Procedures
18.390 (Impact Study
E. Washington County 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) 18.720 (Desi n Compatibility Standards) 18.730 (Exceptions to
Development Standards), 18.740 (Historic Overlay), 18.742 Nome Occupations), 18.750 (Manufactured/Mobil
Home Regulations), 18.755 Mixed Solid Waste 8~Rec lable Stora e 18.760 (Nonconforming Situations), , 18.775
(Sensitive Lands) d 18.79(8 (Wireless Communication Facilities). )These chapters are, therefore, fouu)d to be
inapplicable as approval standards.
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
A - SUBDIVISION GENERAL PROVISIONS:
Approval throuh two-step process. An application for a subdivision shall be processed through a two-
step process: the- preliminary plat and the f`nal plat.
The preliminary plat shall be approved by the Approval Authority before the final plat can be
submitted for approval consideration; and
The final plat shall reflect all conditions of approval of the preliminary plat.
The applicant has submitted a p hminaryplat for approval consideration. Pursuant to the Letter of Understandin
attached to the May 15, 2006 Amendment to Urban Services IGA between Washington County and the City, finall
plat review will be performed by the County after the City's decision on the preliminary plat is final. The County's
consistency review will use the City of Tigard Development Code standards.
NOTICE OF DECISION PAGE 9 OF 34
SUB2006-00004- AUT[JMN VIEW SUBDIVISION
Compliance with ORS Chapter 92. All subdivision propposals shall be in conformity with all state
regulations set forth in ORS Chapter 92, Subdivisions and Partitions.
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 Code. 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.
The largest of the roposed parcels is 9,184 square feet. The minimum lot size of the R-7 zoning district is 5,000
square feet. There ore, none of the proposed parcels are large enough to be re-divided in the future. This standard
has been met.
Lot Size Averaging:
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 minimum lot size of the R-7 zoning district is 5,000 square feet; 80% of this lot size is 4,000 square feet. The
proposed lots average 5,731 square feet in size between 4,536 and 9,184 square feet, consistent with this standard.
Temporary sales office. Temporary 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 but has proposed a model home, which is reviewed below under the
temporary use permit criteria.
Minimize flood damage. All subdivision proposals shall be consistent with the need to minimize flood
damage.
Due to the moderately steep topography of the site on the southern flank of Bull Mountain, storm water will be
collected in an approved storm drainage facility as shown on the applicant's Utility plan (Sheet 7 of 13). The
subdivision's elevation ranges from 260 to 352 feet. No stream courses or drainages cross the pro erty The subject
property is located approximately 2,000 feet north of the Tualatin River. Storm drainage facilities for post
development runoff are required and will be reviewed by Clean Water Services and also by the City for
conformance with design and construction standards as discussed later in this decision. Therefore, the proposed
development will be consistent with the standards ensuring flood damage minimization.
Floodpplain 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. Therefore, 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. Therefore, this standard does not apply.
Need for adequate drainage. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood damage; and
Drainage and storm water detention facilities are discussed in greater detail under the Street and Utility
Improvement section.
NOTICE OF DECISION PAGE 10 OF 34
SUB2006.00004- AUTUMN VIEW 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 subject property, at an elevation that ranges from 260 to 352 feet, is located over 2,000 feet north of the
Tualatin River with a base flood elevation of approximately 130 feet. The subject parcel is not within the 100-year
floodplain. Therefore, this standard does not apply.
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 dvelopment review proposal are:
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;
The development and occupancy of any phase shale 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 a phased development. Therefore, this standard does not apply.
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 through
review and imposition of conditions of approval as necessary, as outlined in this decision.
The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92;
The applicant submitted a Washington County Subdivision Plat Naming form demonstrating the proposed
"Autumn View' plat name is not a duplicate, consistent with this standard.
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 (TDQ Chapter 18.705, Access and Chapter
18.810, Street and UtilityImprovement Standards.
An explanation has been provided for all common improvements.
The applicant's narrative provides the necessary explanation for all common improvements.
Section 18.430.060A. authorizes the ranting of adjustments for subdivisions in accordance with 18.430.050,
provided that the application shall be made with a preliminary plat application with the criteria for
granting such adjustments are contained in Section 18.370.020 C1.
The applicant has not applied for any adjustment to the subdivision standards. Therefore, this standard does not
apply.
FINDING: Based on the analysis above, the subdivision standards have been satisfied.
B APPLICABLE DEVELOPMENT CODE SECTIONS
Residential Zoning Districts 18.510).
Section 18.510 lists the description and permitted uses of the residential Zoning District.
NOTICE OF DECISION PAGE 11 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
r
The site is located in the R 7, Medium-Density residential zoning district. Single-family dwellings are proposed and
are permitted in this zone.
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%
The minimum lot size of the R-7 zoning district is 5,000 square feet; 80% of this lot size is 4,000 square feet. The
proposed lots average 5,731 square feet in size between 4,536 and 9,184 square feet. All lots meet the minimum lot
width requirements,ased on the dimensions provided on the plan. The applicant will be required to comply with the
setbacks, height and lot covesge~/landscape requirements during the building permit review process for the homes on
individual lots. All lots within this subdivision are for single-family units. Th1s is not a planned development; therefore,
the setbacks are as prescribed by the base zone.
FINDING: Based on the analysis above, the residential zoning district dimensional standards are met or can be met
at the time of building permitting.
Access, Egress and Circulation (18.705):
This Chapter provides for the safe and efficient vehicle access and egress on a site and for general
circulation within the site.18.705.030 (C). describes joint 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.
Joint access is not proposed for this development. Therefore, this standard does not apply.
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.
As shown in the application materials, all lots will directly access a public street. Maintenance will be assured
through plat notes and/or CC&Ws. Therefore, this standard has been satisfied.
Required walkway location. On-site pedestrian walkways shall comply with the following standards:
Walkways shall extend from the ground floor entrances or from the round 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 sall be constructed
between new and existing developments and neighboring developments;
NOTICE OF DECISION PAGE 12 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
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;
This proposal is for a single-family development. Therefore, these standards do 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 Commission for
review when, in the 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.
All of the proposed Lots 1-50 are provided with direct access to public streets. Tigard Police has been notified of
the proposed subdivision and have not indicated any hazard. Tualatin Valley Fire and Rescue requires that
proposed Lot 32 be sprinkled because the grade of "D" Street (as proposed in the applicant's May 7, 2005
supplemental email submittal from Bruce Baldwin, AKS, to John Dalby, TVFR) at 121% will exceed the 10% grade
required. Sprinkling Lot 32 will be required as a condition of approval. Streets within the subdivision will. be
required to meet qty design standards. The Director has not determined that there are any facts that obligate the
Planning Commission to review 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.
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 byy the City, the applicant will be required to
mitigate for any safety or neighborhood traffic management ( TM) impacts deemed applicable by the
City-Engineer. 'TI'his 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 development fronts on SW Beef Bend Road, an arterial, and on SW 150`h Avenue, a collector. The
development takes access from SW Rosario Lane and SW Trevor Lane and will not directly access SW Beef Bend
Road or SW 150 Avenue, consistent with this standard.
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.H1
Section 18.70 .030.H. states that an access report shall be submitted with all new development proposals
which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance
and deceleration standards as set by ODOT, Washington County, the City and AASHTO.
A Transportation Impact Stud yy fo~r this development was prepared by Dunn. Traffic Engineering, dated January 9,
2006. The study includes ppreliminary sight distance certification for the intersections of Beef-Bend Road/146th
Avenue, Beef Bend Road/ 150th Avenue and 150th Avenue/Rosario Lane.
The preliniina sight distance measured at Rosario Lane and 150"' Avenue is more than 500 feet northbound and
400 feet southbound. The posted speed of 45 mph requires a minimum sight distance of 450 feet. With the
removal of vegetation for the half-street improvements, the engineer estimates the available sight distance to be
more than 500 feet. The applicant shall remove all vegetation along their frontage for the half-street improvement
and other vegetation in the southbound direction in order to achieve the sight distance requirement. The
applicant's engineer, upon completion of public improvements and prior to issuance of building permits, shall
provide final sight distance certification.
NOTICE OF DECISION PAGE 13 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
x
The preliminary sight distance measured at 150'' Avenue and Beef Bend Road is 510 feet in the westbound
direction and 350 feet in the eastbound direction. The posted speed on Beef Bend Road is 45 mph requiring a
minimum 450 feet of sight distance. The engineer states that the vegetation growing on the slope of the open
drainage ditch on the northeast corner of the intersection should be removed and would thus increase the sight
distance to over 500 feet. The applicant shall remove the vegetation on the northeast corner of the intersection in
order to meet the sight distance requirement of 450 feet. The applicant's engineer, upon completion of public
improvements and prior to issuance of building permits, provide final sight distance certification.
The preliminary sight distance measured at 146'h Avenue and Beef Bend Road is more than 700 feet in the
eastbound direction and 375 feet in the westbound direction along Beef Bend Road. The engineer states that with
the half-street improvements along Beef Bend Road, being done by the Trevor Ridge subdivision, the sight distance
will be more than 450 feet. A Washington County Traffic Analyst's Traffic Staff Report with Conditions was
prepared on June 8, 2006. The County's En ineer also determined that the intersection sight distance in the
westbound direction does not meet the Coun s m; ,-,;,,,um sight distance requirements. This report recommends
that prior to final building inspection approv of the first dwelling unit, the engineer provides certification that
adequate sight distance at 146 Avenue and Beef Bend Road exlsts in accordance with the Washington County
Community Development Code. This recommendation is incorporated as a condition of approval of this decision.
The engineer did not prepare preliminary sight distance certification for the intersections within the development.
Upon completion of the public improvements and prior to issuance of building permits the engineer shall submit
final sight distance certification for all intersections within the development.
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.
No driveways will be placed within the influence area of a collector or arterial street intersection, thereby meeting
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 proposed future street connections to 150th Avenue, a Collector, are at least 200 feet apart. There are existingg
driveways, on Beef Bend Road and 150''' Avenue that will not be used for access. The applicant shall close aIl
existing riveways on Beef Bend Road and 150th Avenue. The applicant's plat shall also provide a non-access
reservation along Beef Bend Road and 150''` Avenue frontage.
Minimum access requirements for residential use. Vehicular access and egress for single-family, duplex or
attached sin le-faini 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;
NOTICE OF DECISION PAGE 14 OF 34
SUB2006r00004- AUTUMN VIEW SUBDIVISION
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%.
The proposed development does not include any access drives in excess of 150 feet in length. Therefore, this
standard is not applicable.
Vehicle turnouts, (providin a minimum total driveway width of 24 feet for a distance of at least 30 feet),
may be required so as to re5uce the need for excessive vehicular backing motions in situations where two
vehicles traveling in opposite directions meet on driveways in excess of 2'60 feet in length;
There are no driveways that will exceed 200 feet in length. Therefore, this standard does not apply.
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 te street having to wait for traffic exiting the site.
This standard is not applicable as there are no driveway approaches to arterial or collector streets.
FINDING: Based on the analysis above, the Access Egress and Circulation standards are not met, but can be
met, if the applicant complies with the conditions below.
CONDITIONS:
The applicant shall remove all vegetation along 150th Avenue south of Rosario Lane as
required to achieve the required sight distance.
+ The applicant shall remove all vegetation along Beef Bend Road to the east of 150th Avenue
as required to achieve the required sight distance.
+ No lots shall be permitted to access directly onto Beef Bend Road.
No lots shall be permitted to access directly onto 150th Avenue.
e The applicant shall cause a statement to be placed on the final plat that provides a non-
access reservation along the Beef Bend Road and 150th Avenue frontages.
Prior to issuance of building permits, the apppplicant's enggsneer shall submit final sight distance
certification, meeting Washii on County C`ommunityDevelopment Code standards, for the
following intersections: Beer Bend Road/146th Avenue, Beef Bend Road/150th Avenue,
150th Avenue/Rosario Lane and all interior intersections within the development.
+ Prior to issuance of building permits for Lot 32, the applicant shall provide construction
drawings that include sprinl& g pursuant to TVFR design standards.
Densi Computations and Limitations (18.715):
Chapter 18.7 implements the 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 rea 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 distnct to
determine the number of dwelling units that may be developed on a site.
NOTICE OF DECISION PAGE 15 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
Based on the formulas in Chapter 18.715 of the qty of Tigard Community Development Code, the maximum and
minimum number of units permitted on the site is based on the net developable area of 296,099 square feet, derived
from subtractin land dedicated to public parks (Tract B, open space with public access easement, 65,464 square
feet) and land dedicated for public rights-of-way (111,475 square feet) from the gross site area of 473,038 square
feet. The maximum number of lots permitted on this site based on 5,000 square }oot lots is 59 and the minimum
number of lots is 47. The applicant's proposal to build 50 lots for single-family detached homes meets the
minimum density requirements 61 the R 7 zone.
FINDING: Based on the analysis above, the Density Standards have been satisfied.
Environmental Performance Standards (18J25):.
These standards require that federal and state environmental laws, rules and regulations be applied. to development
within. the qty 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 of the Tigard
Municipal Code shall apply.
Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning district,
there shall be no use, operation or activity which results in a stack or other point- source emission, other
than an emission from space heating, or the emission of pure uncombined water (steam) which is visible
from a prope line. Department onvironmental 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 permitted 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 detectable at an
poi t 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 si ns or floodlights in parking areas or constriction 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
anyviolation of these standards will be addressed bythe City of Tigards' Code Enforcement Officer.
FINDING: The Environmental Performance standards are met.
Landscaping and ScreeninLy (18.745):
Chapter 145 contains landscaping provisions for new development.
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 City Forester has determined that 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 must also be protected.
The City Forester has commented that the applicant shall establish fencin as directed bythe project arborist to protect
the trees to be retained. The applicant shall allow access by the City Forester for the purpose of monitonn and
inspection of the tree protection to verifythat the tree protection measures are pperforming adequately. Failure to follow
the plan, or maintain tree protection fencing in the designated locations shall 6e grounds for immediate suspension of
work on the site until remediation measures and/or civil citations can be processed. These concerns are addressed
under the Tree Removal section of this decision.
NOTICE OF DECISION PAGE 16 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
Section 18.745.040 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 18.745.040.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;
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 applicant has shown on the Preliminary Street/Mitigation Tree and Landscape Plan (Sheetll of 13) that street
trees will be planted along all,of the proposed public street ri ghts-of-way, consistent with the City's sppa~cing
standards. The applicant's narrative specifies Trident Maple to be planted. Trident Maple are included on the City of
Tigard's Street `Iree List, consistent with this standard.
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. 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.
According to the applicant's narrative, the applicant proposes to remove the surface topsoil in preparation for
rading and construction. The Tract A stormwater facility will be re-vegetated according to the standards set by
Qean Water Services. All other disturbed areas will be re-vegetated by planting rye grass, barley, or other equivalent
as required. Tract B is proposed to be left in its natural state. Therefore, the proposal is consistent with this
standard.
FINDING: The proposed development meets the applicable landscape and screening standards.
Off-Street Parking and Loading Requirements (18.7651:
Chapter 18.765 able 18.765.2 requires that single-family residences be provided with one (1) off-street
parking space for each dwelling unit.
According to the applicant's narrative each proposed dwelling will have a double car garage and a parking apron for
two cars within the required 20 feet from the property line to the face of a garage. Because each mdivldual home
will be reviewed for compliance with this standard during the building permit gf-Street ase and it is feasible that this
standard will be met as proposed by providing driveways and garages, the Parking and Loading
requirements have been satisfied.
Signs (18.780):
Chapter 18.780 regulates the placement, number and design criteria for signage.
No signs are proposed in conjunction with this development. Any future signage will be subject to the sign permit
requirements in Chapter 1080. 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.
NOTICE OF DECISION PAGE 17 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
Temporary Uses (18.785)
Temporary sales office/model home. This type of use includes a temporary sales office or offices either in
a housing unit or in another temporary building for the purpose of facilitating the sale of real property in
any subdivision or tract of land within this City. Related to this is the use of one unit in a subdivision as a
"model home" for purposes of showing perspective buyers.
By means of a Type I procedure, as governed by Section 18.390.030, the Director may approve, a prove
with conditions or deny the use of any real property within the City as a temporary sales office, offices for
the purpose of facilitating the sale of real property or model home in any subdivision or tract of land
within this City, but for no other purpose, provided tie following criteria are satisfied:
2. Model house:
a. The model house shall be located within the boundaries of the subdivision or tract of land where
the real property to be sold is situated; and
b. The property to be used for a model house shall be a permanently designed dwelling structure.
The applicant's narrative states the proposed model home will be located within the project boundary on one of the
proposed lots and will be a permanently designed dwelling structure. Therefore, the proposed use is consistent with
the standards for a model home temporary use.
Tree Removal (18.790):
Tree plan required
A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be
provided for any lot, parcel or combination of lots or parcels for which a development application for a
subdivision, partition, site development review, planned development or conditional use is filed.
Protection is preferred over removal wherever possible.
As required for subdivisions, the applicant submitted a tree plan (dated January 26, 2006) conducted by Keith
Jehnke, a certified arborist. The report contains the four required components, and the applicant has shown exactly
how the tree mitigation requirements will be met, but the species of the trees is not indicated. The City Forester
must be notified of and approve the species of mitigation trees before this plan can be accepted.
Plan requirements.
The tree plan shall include the following:
1. Identification of the location, size and species of all existing trees including trees designated as
significant by the city,
The Arborist Report identified the location, size and species of all existing trees, consistent with this standard.
2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper.
Mitigation must follow the replacement guidelines of Section 18.790.060D in accordance with the
following standards and shall be exclusive of trees required by other development code provisions
for landscaping, streets and parking lots:
a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation
program in accordance with Section 18.790.060D of no net loss of trees;
b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-
thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D;
C. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50
percent of the trees to be removed be mitigated in accordance with Section 18.790.060D;
d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation.
According to the Arborist Report prepared by Keith Jehnke, 258 trees were removed in July 2005, within the one
year period pprior of this development application submitted March 2006. Therefore, pursuant to TDC 18.790.0300,
below, they have been included in the arborist inventory and must be replaced according to TDC 18.790.060D.
NOTICE OF DECISION PAGE 18 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
According to the Arbonist Report (page 23 of 23), as of July 2005, there were a total of 859 trees Vreatcr than 6
inches in diameter at breast Height , dbh) on site. Of these trees, 372 were greater than 12 'inches dbh, with 127
(34%) proFosed to be retained. ~terefore, two-thirds of the non-hazardous trees greater than 12 inches dbh
,ed (or removal must be mitigated. The total caliper inches pro osed for removal equals 3 006 inches.
Weproe fore, 1,984 (2/3 x 3,006 inchesy caliper inches must be mitigated.To satisfy this requirement, & applicant
rn~y plant trees onsite, offsite, or pay a fee-m-lieu at the rate of $125.00 per inch for a total of $248,000.00. Airy tree
1tig r. et on center or greater vill be
m ation plan must be approved by the City Foreste Only trees spaced 20 fe
counted towards mitigation unless offierwise approved by the City Forester. The trees must ha~e enough soil
volume and growing space to allow them to reach full maturity without becoming a nuisance or a danger to
surrounding structures, ~itilities, hardscape, etc.
The developer also must understand that the quality of trees being planted as mitigation onsite or offske will be
scrutinized for overall qu4lity including health, form, and a strong central leader and Branching patterns. Trees from
a Christmas Tree Fann will most nel~ not pass muster due to their undesirable fonn and competing central leaders.
3. Identification of all trees which are proposed to be removed;
All of the trees proposed to be removed are identified in the applicant's survey and Preliminary Tree Preservation
and Removal Plan (Sheet 5 of 13).
4. A protection program defining standards and methods that will be used by the applicant to protect
trees during and after construction.
The guidelines for tree protection are outlined in the arborist report.
Subsequent tree removal. Trees removed within the period of one year prior to a development application
listed above will be inventoried as part of the tree plan above and will be replaced according to Section
18.790.060D.
As reviewed above, 258 trees were removed from the site in July 2005 within one year prior to this development
application submitted March 2006 and must be replaced according to Section 18.790.060.D.
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. Th~ 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 oi-ily if the tree
dies or is hazardous according to a certified arborist. The deed restriction may be removeZI or will be
considered invalid if a tree preserved in accordance with this section should eith6r die or be removed as a
hazardous tree. The forrn of this deed restriction shall be subject to approval by the Director.
A condition of approval will ensure that this standard is met.
FINDING: The proposed development does not meet all the standards for Tree Removal, but may meet them,
provided the following conditions of approval are met.
CONDITIONS:
Prior to commencing site wor the applicant shall submit a cash assurance or any other
assurance agroved by the City'-~or the equivalent value of mitigation required 'in the amount
of $248,00 . 0 (1,984 caliper inches x $125.00 per inc4). To satisfy tFiis requirement, the
glicant may plant trees onsite, offsite, or pay a fee-in-h&u at the rate of $ 125/cali inch.
y trees planted for mitigation on the site or off site in accordance with 18.790.06(F( 'N and
the Forester's comments provided for this decision will be credited against the cash
assurance for two years followmia final plat.ap roval (a revised mitigati n Ian shall be
y oreste~). After such t=
submitte~ for review and ap roval to the at tKe remaining
value of the cash assurance M be retained by tfie City as a fee 'in lieu of plantmig.
NOTICE OF DECISION PAGE 19 OF 34
SUB2006-00004- AU`I`UhAN VIEW SUBDIVISION
Prior to commencm' any site work, the applicant shall submit construction drawings' that
include the approve 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. Oily those trees identified on the approved Tree
Removal plan are authorized for removal by this decision.
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
qty 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 rotection fencing in the designated locations shall be grounds for irnmediate
suspension o?work on the site until remediation measures and/or civil citations can be
processed.
Prior to final plat approval, the applicant shall ensure that the Project Arborist has submitted
written reports to the qty 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.
Prior to issuance of building permits, the applicant shall submit site plan drawings indicating
the location of the trees that were preserved on the adjacent lots, 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 maybe removed.
Prior to issuance of building permits, the applicant/owner shall record a deed restriction to
the effect that any existin 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 it a tree preserved in accordance with this decision should either
die or be removed as a hazardous tree.
Vision Clearance:
Chapter 18.795 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 shown vision clearance areas on the Preliminary Street and Composite Utility Plan (Sheet 7 of 13)
for the intersections of SW Trevor Lane and SW Rasario Lane with "C" Street, consistent with this standard. As no
structures or driveways are currently proposed on the subject lots the vision clearance area and all future buildings
will be reviewed for compliance during the building permit phase. z Kerefore, this standard has been satisfied.
NOTICE OF DECISION PAGE 20 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
C - STREET AND UTILITY IMPROVEMENTS STANDARDS (SECTION 18.810):
Street And Utility Im rovements Standards (Section 18.810):
Chapter 18.810 provides construction standards for the implementation of public and private facilities and
utilities such as streets, sewers, and drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in
accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an
existing street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Beef Bend Road is a Washington County (WACO) Facility.
WACO requires an Arterial street to be constructed to the A-8 standard with a-90 foot right-of-way width and
50-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 Beef Bend Road, which is classified as an Arterial by WACO. 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 additional ROW to provide 45 feet from centerline.
SW Beef Bend Road is currently partially improved. In order to mitigate the impact from this development, the
applicant should construct half-street improvements to the County's A-8 standard. A WACO Facility Permit is
required.for work within the Beef Bend Road ROW.
Minimum Rights-of-Way and Street Widths: 150th Avenue is a Washington County Facility. WACO requires
a Collector street to have a 74 right-of-wa width and 50-foot paved section, which meets their G3 standard.
Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities,
street lighting, storm drainage, and street trees.
This site lies ad' cent to SW 150t" Avenue which is classified as a Collector by WACO. At present, there is
approximately 2~ feet of ROW from centeiLe, according to the most recent tax assessor's map. The applicant
should dedicate the additional ROW to provide 37 feet from centerline.
SW 150f Avenue is currently partially improved. In order to mitigate the impact from this development, the
applicant should construct half-street improvements to the County's G3 standard. A WACO Facility Permit is
required for work within the Beef Bend Road ROW.
Minimum Rights-of-Wayy and Street Widths: Section 18.810.030.E requires a local street to have a 54 foot
right-of--way width and 32-foot paved section. Other improvements required may include on-street parking,
siddewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees.
The applicant has proposed to construct the extensions of Trevor and Rosario Lanes with a 50 foot ROW and 28
foot paved section. This pro osed section will match Trevor Lane and is acceptable. However, the existmi paved
section of Rosario Lane is 3~ feet wide and the applicant was directed by staff to match the paved width. The
applicant shall revise the plans to match the 32 foot wide paved section. This will result in the ROW being
inadequate by two feet on each side; therefore the applicant can provide a public pedestrian easement behind the
ROW to accommodate the sidewalk width.
The applicant has proposed construction of "skinny" streets for A - D Streets. The ROW width proposed is 46
feet wide and the paved section is 28 feet. This "skinny" street section can be used for local streets with 600 vpd.
The Traffic report states that the 50 unit development will generate 480 average daily trips, thereb7 meetin the
"skinny" street criterion regarding trips. The applicant submitted a traffic flow lan showing the `No Parg"
areas on one side of the street around the loop. Tualatin Valley Fire & Rescue R) has reviewed the applicant's
ppr~eliminaryplans and while TVFR does not allow Parkin on streets less than 2 feet wide, they have acknowledged
Tigard's TSP allows parking on one side for the ` skinn ' street option. TVFR requires the applicant to submit a
queuing plan for approval. The applicant shall submit a TVFR approved queuing (traffic flow) plan to the City
prior to issuance of permits.
NOTICE OF DECISION PAGE 21 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
The applicant's plans show the interior loop will include three of the Washington County approved eyebrow
corners. The applicant shall submit detailed plans of these corners for review prior to issuance of permits.
Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed
which shows the pattern of existing and proposed future streets from the boundaries of the proposed land
division. This section also states that where it is necessary to give access or permit a satisfactory future
division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a
barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not
considered to be cul-de-sacs since they are intended to continue as through streets at such time as the
adjoining property is developed. A barricade shall be constructed at the end of the street by the property
owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included
in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess of 150 feet in length.
The applicant has provided a future street plan that shows two additional street extensions to 150th Avenue from this
development. There are no other opportunities to extend streets; therefore this plan meets this criterion.
Street Aliggnment 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 tie 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 /o 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 proposed future streets plan meets the spacing standard of no more than 530 feet between connections, with the
exception of connections to Beef Bend Road. Beef Bend Road is an Arterial with access spacing limited to 600 feet.
Both the County and the qty have determined that this development cannot have direct access to Beef Bend Road
through this development, therefore this criterion is met.
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on
collector streets, or 12% on any other street (except that local or residential access streets may have segments
with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as
determined by the City Engineer.
The proposed local streets do not exceed 12%, thereby meeting this criterion.
Access to Arterials and Major Collectors: Section 18.810.030 states that where a development abuts or is
traversed by an existing or proposed arterial or major collector street, the development design shall
provide adequate protection for residential properties and shall separate residential access and through
traffic or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall
include any of the following:
Aparallel access street along the arterial or major collector,
Lots of suitable de_ppth abutting the arterial or major collector to provide adequate buffering with
frontage along anot] er 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.
NOTICE OF DECISION PAGE 22 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
No access is proposed to Beef Bend Road, an Arterial street, other than a pedestrian connection and temporary
construction access. The lots abutting this street will have a 15-foot rear yard setback and will front the proposed
interior street `C'. The applicant has proposed fencing and screen planting along the rear property lines to provide
noise buffering and privacy.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with
due regard to providing adequate building sites for the use contemplated, consideration of needs for
convenient access, circulation, control and safety of street traffic and recognition of limitations and
opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 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 subdivision extends both SW Rosario Lane and SW Trevor Lane into the proposed development and
connects them with a loop road. No access is provided directly onto SW Beef Bend Road, an arterial, or SW 150t"
Avenue, a collector. The proposed loop road stubs to the property line to the west anticipating a through
connection to SW 150` when Tax lot 1900 develops. The block sizes created with this arrangement are
approximately 1,520 lineal feet for the loop road, 2,060 for SW Rosario/SW 150`h Avenue, and 3,090 lineal feet for
the block created by SW 150th Avenue/SW Beef Bend Road, consistent with this standard.
Section 18.810.040.B.2 states that bicycle and pedestrian connections on public easements or right-of-ways
shall be provided when full street connection is exempted by B.1 above. 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 (Ord. 02-33).
The block created by SW 150th Avenue/SW Beef Bend Road exceeds the block length standard and is exempted by
B.1 above. The applicant has proposed Tract C to connect the loop road with SW Beef Bend Road for bicycle and
pedestrian access, consistent with this standard.
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 average lot depth of all proposed lots, except Lot 36, is less than 2.5 times the average lot width. At 7,490 square
feet, Lot 36 is less that 1.5 times the minimum lot size of 5,000 square feet. Therefore, this standard is met.
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, 18.420.050A,4.c appplies, 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.
All proposed lots have at least the minimum. 25 feet of frontage on a public street. Therefore, this standard is met.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and
be located on both sides of arterial, collector and local residential streets. Private streets and industrial
streets shall have sidewalks on at least one side.
The applicant's plans show half-street improvements along Beef Bend Road and 15011 Avenue, including sidewalks.
The interior streets have been proposed with sidewalks on both sides, with the exception of the west side of Street
`D'. The applicant states that the sidewalks will be constructed when the property to the west develops. There is no
provision in this section of the code that allows the developer to choose to leave the sidewalk for another developer
to construct. There are some existing trees shown along the property line and the applicant may meander the
sidewalk around the trees where necessary to save them. The applicant has provided x -sections throw h Street `D'
showing how grading will impact the property line trees. The applicant has provided the full ROW width and shall
therefore construct the sidewalk along the west side of Street `D or pay a fee in-lieu of the sidewalk construction.
NOTICE OF DECISION PAGE 23 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new
development and to connect developments to existing mains in accordance with the rovisions set forth in
Design and Construction Standards for Sanitary and Surface Water Managementas 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's plans show the extension of public sewer lines throughout the development. This area is served by
Clean Water Services (CWS). The applicant shall provide plans approved by CWS to the City prior to issuance of
permits.
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).
There are no upstream drainage ways that impact this development.
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 existin drainage
facility, the Director and Engineer shall withhold approval of the development until provisions have been
made for improvement of the potential condition or until provisions have been made for storage of
additional runoff caused by the development in accordance with the Design and Construction Standards
for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including
any future revisions or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek
Watershed Management Plan. Section Y 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 nn ervious
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 states that the 12 inch culvert passmi under 150th Avenue, at Beef Bend Road, will need to be upsized
to a 15-inch culvert in order to convey the runoff from this development. The applicant further states that the
remaining downstream storm system has adequate capacity to convey the stormwater runoff from this
development. A preliminary Stormwater Report was included with this application. Clean Water Services (CWS
provides service In this area. The applicant shall submit plans and calculations to CWS for review and approval.
The applicant shall obtain CWS approval of the stormwater system prior to issuance of any permits.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified
on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such
bikeways through the dedication of easements or right-of-way.
Both Beef Bend Road and 150'x' Avenue are designated as bicycle facilities.
NOTICE OF DECISION PAGE 24 OF 34
SUB200&00004- AUTUMN VIEW SUBDIVISION
Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit
developments, conditional use permits, subdivisions, and other developments which will principally
benefit from such bikeways shall be conditioned to include the cost or construction o} bikeway
improvements.
While it is the developer's responsibility to provide the bicycle lane striping it makes more sense for small frontage
lengths to be handled with a fee-in-lieu of striping.
The amount of the striping would be as follows:
857 feet of 8-inch white stripe, at $2.50/lf $2,142.50
20 Mono-directional reflective markers @ $4.00/ea 80.00
4 Bike lane legends @ $175/ea 700.00
4 Directional mini-arrows @ $100/ea 400.00
$3,322.50
Minimum Width: Section 18.810.110.0 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 of the bikeway within SW Beef Bend Road and SW 150t1i Avenue shall be five feet.
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
develo er, shall be constructed prior to the surfacing of the streets; and
Stubs or service connections shall be long enough to avoid disturbing the street improvements
when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.C states that a developer shall pay a fee
in-lieu of under-grounding costs when the development is proposed to take place on a street where
existing utilities which are not underground will serve the development and the approval authority
determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of
under-grounding in conjunction with the development. The determination shall be on a case-by-case
basis. The most common, but not the only, such situation is a short frontage development for which
under-grounding would result in the placement of additional poles, rather than the removal of above-
ground utilities facilities. An applicant for a development which is served by utilities which are not
underground and which are located across a public right-of-way from the applicant's property shall pay a
fee in-lieu of under-grounding.
There are existing overhead utility lines along the frontage of SW Beef Bend Road and the frontage of 150`t
Avenue. 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 857 lineal feet; therefore the fee would be $29,9900.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Public Water System:
The Tigard Water District provides water service in this area. The applicant's plans indicate the public water line in
Beef Bend Road will be extended along the development frontage. he existing public lines in Trevor Land and
Rosario Lane will be extended into the development and connected to the line in Beef Bend Road. The applicant
shall submit plans to the Water District for review and approval prior to issuance of any permits.
NOTICE OF DECISION PAGE 25 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
Storm Water ali :
The City has agree to enforce Surface Water Mana ement (SWM) regulations established by Clean Water
Services (CWS) Design and Construction Standards- (adopted by Resolution and Order No. 00-7) which
require the construction of on-site water quality facilities. The facilities shall be designed to remove 65
percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly
created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency
and method to be used in keeping the facility maintained through the year.
Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the
intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that
must be reviewed anMproved by CWS prior to construction. The applicant must obtain approval for the water
quality facility from prior to issuance of permits.
Prior being accepted as a public facility, the developer shall maintain it for a minimum of three years after
construction is completed. The vegetated swale shall be placed in a tract and conveyed to CWS on the final plat.
The developer will be required to submit annual reports to CWS which show what maintenance operations were
conducted on the facility for that year. All other CWS requirements for maintenance and inspection of the facility
will be as outlined by the CWS permit.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment
and other pollutants reaching the public storm and surface water system resulting from development,
construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS
regulations, the applicant is required to submit an erosion control plan for City review and approval prior
to issuance of City permits.
The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES)
erosion control permit be issued for any development that will disturb one or more acre of land. Since this
site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to
construction. This permit will be issued along with the site and/or building permit.
A final grading plan shall be submitted showing the existin~gg and proposed contours. The plan shall detail the
provisions for surface drainage of all lots, and show that theywill be graded to insure that surface drainage is directed to
the street or a public storm drainage system approved bythe 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 sufficientlycontam 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 sopes in excess of 20%. This information will be necessary in
determinln if special grading inspections and/or permits will be necessary when the lots develop.
An NPDES 120(O-C permit will be required for this development.
Address Assi nments:
Washington County will be responsible for assigning addresses for parcels within' the Urban Service Boundary
SB). An addressirlg fee, using the County's fee rate, per address shall be assessed. This fee shall be paid to the
NUunty prior to final plat approval.
Survey Requirements:
The ap licant's in t shall contain State Plane Coordinates [NAD 83 91)] on two monuments with a tie to the
County s global positlonulg 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 County's GPS survey.
By random traverse using conventional surveying methods.
NOTICE OFDEQSION PAGE 26 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall
provide the County 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
ordinates, referenced to NAD 83 (91).
D. - IMPACT STUDY
Section 18.390.050 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 tie 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 County Traffic
Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transpp~ortation
impact study prepared by Mr. David Larson for the A -Boy Expansion/Dolan II/Resolution 95-61, ' Ws are
expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street
system. Presently (as of jury 5, 2005), 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 develo ment is directly 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 reqqu~ired to pay TIF's totaling
approximately $142,550 ($2,851 x 50 dwelling units). Based on the estimate that total M fees cover 32 percent o}
the impact on major street improvements ci de a fee that would cover 100 percent of the projected traffic
impact is $445,468 ($142,550 divided by .e difference between the TIF paid and the full impact, is
considered as unmitigated impact. Since the 32 .Ti F to be paid is $142,550, the unmitigated impact has an estimated
value of $302,918.
ROW Beef Bend Road ($3. x 10,005 square feet) $30,015
ROW 150 Avenue ($3. x 2 831 square feet) 8,494
Half-street improvements along Beef Bend Road (667 lineal feet x $ 374./lineal foot) 249,458
Half-street improvements along 150th Avenue (188 lineal feet x $251./lineal foot) 47,188
Bicycle lane stripping (fee in lieu 3,322
Total $338,477
The estimated value of these rights-of-way and improvements is approximately 12% greater than the estimated
value of the unmitigated impacts. However, information suggests that the TIF actually mitigates for only 25% of the
impacts. of new development on the Collector and Arterial Street system. In addition, impacts to the local street
system is not included in the calculation even though local streets SW Trevor and Rosario Lanes are the principal
access streets for the proposed subdivision. For these reasons, the exactions are roughly proportionate.
E. - WASHINGTON COUNTY BULL MOUNTAIN COMMUNITY PLAN
The subject parcel is within the City of Tigard's Urban Services Area. In 1997 the City of Tigard and Washington
County entered mto an agreement that Tigard would review all applications for development within the Urban
Services Area. This Agreement has subsequently been terminated by the City and County, effective July 1, 2006.
This decision represents one of the last reviews by the City under the 1997 IGA
The IGA required the City to apply the Bull Mountain Community Plan (BMCP). The subject site is not located
within any Areas of Special Concern, but carries a Significant Wildlife Habitat designation over the northeastern
portion of the site. The BMCP requires areas with a wildlife habitat designation to have a Significant Natural
Resource Assessment prepared by a professional wildlife biologist.
NOTICE OF DECISION PAGE 27 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
To address this issue, the applicant has provided a wildlife habitat assessment, dated July 1, 2005, prepared by
Keystone Natural Resource Oonsulting, Mike Holscher Wildlife Biologist. The assessment concludes that BMCP's
significant wildlife habitat overlay is no longer applicable to the study site due to the remnant size of the resource,
interspersion with humans, and its isolation from any water sources. In addition, a letter from Devin Simmons,
Habitat Biologist with ODFW, suimmarized that ODFW does not view the habitat contained within this site to be
"Sensitive Habitat", and does not oppose the development of this site." Mr. Simmons goes onto saythat "planners
and developers are encouraged to retain and enhance the forested portion of this property as much as possible for
the benefit of wildlife."
The following section addresses the relevant portions of the Bull Mountain Community Plan.
General Design Elements
1. In. the design of new development, floodplains, drainage hazard areas, streams and their tributaries,
ripaan zones and wooded areas, steep slopes, scenic features, and powerline easements and right-of-way
shall be:
a. used to accent, define, or separate areas of differing residential densities and differing planned land
uses;
b. preserved and protected to enhance the economic, social, wildlife, open space, scenic, recreation
qualities of the community; and
c. where appropriate, interconnected as part of a park and open space system. This design element
shall not be construed or interpreted to require the non-voluntary dedication of property for open
space, scenic or recreation use. Such property will either be a) purchased by the public at a fair
market value, or b) at the volition of the property owner, dedicated to the public for such use. The
provision of open space may be a condition of certain development actions; the initiation of such
development requests is at the volition of the property owner and the acceptance of any condition
regarding open space is at the discretion of the property owner.
The proposed development includes a 1.5-acre wooded area (Tract B) located in the northwest corner of the site
which preserves existing forest and as open space and for the benefit of wildlife. The applicant also proposes to
provide a public access easement over the entirety of the site for recreation purposes. The proposed development is
consistent with this standard.
2. Master Planning - Primary Use or Planned Development procedures and standards shall be required for
development on land which includes a Significant Natural Resource as a means of protecting the resource
while accommodating new development. An exception to this requirement shall be allowed if all of the
Significant Natural Resource site is retained as open space. Public dedication of this open space is not
required, but is encouraged. A density transfer from the resource area to the buildable portion shall be
allowed for any Significant Natural Resource Site as specified in the Community Development Code.
The subject parcel is desi*gnated as significant wildlife habitat in the Bull Mountain Community Plan. However, as
described above, the significance is no longer applicable. Therefore, planned development review is not required.
3. Trees located within a Significant Natural Resource area shall not be removed without a development
permit for tree removal having first been obtained, as provided for within the Community Development
Cade. A permit shall not, however, be required for tree removal from
powerline rights-of-way, public parks and playgrounds.
The subject parcel is designated as significant wildlife habitat in the Bull Mountain Community Plan. However, as
described above, the significance is no longer applicable. Therefore, a development permit is not required for tree
removal.
4. Significant historical and cultural resources shall not be altered, defaced, demolished or relocated
without first obtaining a development permit as provided for in the Historic and Cultural Management
Overlay District contained in the Community Development Code.
The subject site is not within the Cultural Management Overlay District. Therefore, this standard does not apply.
5. All new subdivisions, attached unit residential development, and commercial development shall provide
for pedestrian pathways which allow public access through, or along, the development and connect with
adjacent developments and/or shopping areas, schools, public transit, parks and recreation sites.
NOTICE OF DECISION PAGE 28 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
The proposed subdivision provides for pedestrian access through the development on both sides of the internal
proposed streets and has also proposed }urther pedestrian access (Tract C) by a public easement to connect with
SW Beef Fend Road to the south, consistent with this standard.
6. Noise reduction measures shall be incorporated into all new residential developments located adjacent
to Arterials, Collectors, and rock quarries. Noise reduction alternatives include vegetative buffers berms,
walls, set backs and structural design techniques, such as the orientation of windows away from tie noise
source and insulation.
The proposed development is located adjacent to SW Beef Bend Road, an arterial, and SW 150` Avenue, a
collector. The open space Tract B provides a 1.5-acre buffer and screen between SW 150t` Avenue and any
proposed lots. The applicant proposes a wood fence screen and a vegetative buffer including two rows of trees in
addition to required street trees, consistent with this standard.
7. Neighborhood commercial land shall be used to provide principally for the shopping and service needs
of the residents of the Community Planning Area. Only those Commercial uses which do not depend on
regional or sub-regional markets for their support will be allowed. Strip commercial development along
tmfficways will not be allowed.
The subject parcel is on land designated as residential. Therefore, this standard does not apply.
8. Where the impact of noise and lighting associated with commercial uses adjacent to residential areas
does not meet the standards in the Community Development Code, the commercial development shall be
subject to limited hours of operations.
As above, this standard does not apply.
9. Consistent with the county growth management policies, new development within the Planning Area,
with the exception of construction of a detached residence on a lot of record, shall be re uired to connect
to public water and sewer service. The provision of sanitary sewer service on Bull Nountain will be
analyzed during the preparation of the County Unified Capital Improvement Plan.
According to the application materials submitted in support of the development proposal and as conditioned by the
City Engineer in this decision connections to public water and sanitary sewer services are consistent with the
county growth management pohcies.
10. New development shall dedicate right-of-way for road extensions and alignments indicated on
Washington County's Transportation Plan or the Bull Mountain Community Plan. New development
shall also be subject to conditions set forth in the County's growth management policies during the
development review process.
SW 150'hAvenue and SW Beef Bend Road are Washington County facilities. The applicant has proposed to
dedicate the right-of-way required for these facilities, consistent with this standard.
11. The County shall emphasize non-auto (transit, bicycle, and pedestrian) measures as an interim solution
to circulation issues. These measures shall be used to facilitate access to transit centers.
The proposed development includes sidewalks throughout the tenor streets. In addition, the applicant proposes
to build sidewalks with the half-street improvement to SW 150 Avenue and SW Beef Bend Road including bicycle
lanes, consistent with this standard.
12. In the design of road improvements that are required of new developments to meet the County's
growth management policies, pedestrian/bicycle pathways identified in the County's Transportation Plan
shall be included.
As in 11 above, the proposed development is consistent with this standard.
13. New access onto Arterials and Collectors shall be limited. Shared or consolidated access shall be
required when new development or redevelopment is proposed along Arterials and Collectors, as detailed
in the Community Development Code.
NOTICE OF DECISION PAGE 29 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
The proposed development does not access either SW 150`1i Avenue or SW Beef Bend Road directl , instead the
development is served by the existing SW Rosario Lane to the north and SW Trevor Lane to the east. The proposal
is consistent with this standard.
14. Bicycle parking facilities shall be required as a part of all commercial, industrial and institutional
developments. Residential developments which have parking lots of 20 or more spaces shall provide
bicycle parking facilities.
The proposal is residential. Therefore, this standard does not apply.
15. Coordinate with the City of Tigard for the planning and provision of park and recreation facilities and
services.
The applicant proposes to preserve a 1.5-acre tract Tract B) as open space to be owned and maintained by the
Autumn View Homeowners Association. Tract B is being preserved as open space for recreational purposes, and
the protection and preservation of trees and natural vegetation. The applicant is proposing a "Public Access"
easement over the entire tract to allow full public access for recreation purposes. The applicant had expressed
interest in conveying the tract to the City for park Fur poses, however, the Cityhas decided to reserve its acquisitions
to lands within the City limits. The requirements othis standard have been met.
16. 9pen space shall be used for a variety of recreational activities, the protection of wildlife habitat or
aesthetic purposes, such as scenic views.
According to the applicant's narrative, the applicant has preserved Tract B for recreational purposes and to benefit
wildlife, consistent with this standard.
17. Review of land partitioning and structural development proposals for areas within one half mile of rock
quarries (existing and proposed) shall include 1) measurements of noise anticipated from such
development and 2) appropriate mitigation measures which ensure that the future land uses meet Oregon
Department of Environmental Quality noise standards. Conditions to development, such as requirements
for berms, walls and other noise buffers shall be applied to the approval of new development when
appropriate.
The proposed development is not within one half mile of any rock quarry. Therefore, this standard does not apply.
18. The required amount of parking for development shall be determined by the Parking Maximum
Designations and the standards of the Community Development Code.
The Tigard Development Code requires a minimum of one off-street arking space for each single-family dwelling.
The applicant proposes four spaces, two in garages and two in front otpthe garage for each dwelling, consistent with
this standard.
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. The proposed streets are designed as local streets and win
generally follow the topography on the site. The layout of the proposed streets is largely dictated by preexisting
abutting development and adjacent arterials and collectors.
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 building 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.
NOTICE OF DECISION PAGE 30 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
The subject site contains slopes from approximately 10 to 20 percent. A geotechnical evaluation by Geopacific
Engineering, Inc., provides recommendations for the proposed development. Special consideration for hillside
construction are not required or proposed. Therefore, this standard is not applicable.
3. No grading filling, clearing or excavation of any kind shall be initiated on steep slopes until a gradinplan, as defined in the Community Development Code, is approved. Borrowing to obtain fill material shall 66-
prohibited unless the material is obtained -from a cut permitted under an approved grading plan, or imported
rom outside the hillside area.
There are no slopes in excess of 20 percent. Steep slopes are considered slopes in excess of 25 percent. Therefore, this
standard does not apply.
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.
According to the applicant's narrative, a slope stabilization and re-vegetation plan will be pre~ppared during final
en zne5nngg in addition to the required grading plan. Re-vegetation and erosion control measures wZ be in accordance
with City, County, and Clean Water Services requirements, consistent with this standard.
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 reve etation plan
shall indicate the mature trees planned for removal and describe the replacement programs. Replacement
trees must be of at least 11/2-inch diameter.
According to the Arborist report, the applicant's narrative, and the Existing Conditions Plan (Sheet 2 of 13), no
trees existed on Tax Lot 2200 at the time of development (date of submittal of this application). Of 423 healthy
standing trees greater than 6 inches dbh existing on Tax Lot 2000 at the time of development, 213 (50%) are
proposed to be retained, consistent with this standard. Mitigation for trees removed is discussed in the Tree
Removal section of this report.
6. Streams, seasonal waterways and immediately adjacent riparian zones, as defined in the Community
Development Code, shall be reserved 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 subject site does not contain any streams or seasonal waterways or riparian corridor for intermittent streams.
Therefore, this standard is not applicable.
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.
The subject site is not located with this area. Therefore, this element does not apply.
9. This Design element refers to Area of Special Concern 2..
The subject site is not located with this area Therefore, this element does not apply.
NOTICE OF DECISION PAGE 31 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
10. This Design element refers to Area of Special Concern 3.
The subject site is not located with this area Therefore, this element does not apply.
SECTION VII. OTHER STAFF COMMENTS
The City of Tigard Police Department has reviewed the proposal and has offered no objections to it.
The City of Tigard Urban Forester has reviewed the proposal and has offered comments, a copy of which can be
reviewed in the land-use file. Pertinent comments and suggested conditions have been incorporated within this
decision under the Tree Removal findings.
The City of Tigard Public Works Department has reviewed the proposal and is requiring the developer to install
an 8-inch water main and new valve from the existing water line in S146` and suggests coordinating with the
adjacent Trevor Ridge development.
SECTION VIII. AGENCY COMMENTS
Oregon Department of Fish and Wildlife reviewed the proposal and provided a comment letter dated April 5,
2006 stating no objections to the subject proposal.
Washington County Department of Land Use and Transportation provided comment with conditions in an
April 19, 2006 letter. In addition, the Department provided the fo]lowin recommendation in their June 8 2006
comment letter: "Prior to final building inspection approval of the first dwelling urt, provide certification from a
registered professional engineer that adequate intersection sight distance at SW 146- u Avenue along SW Beef Bend
Road exists m accordance with the Washington County Community Development Code." These comments and
conditions have been incorporated in the Street and Utility Improvements Standards section of this decision.
Tualatin Valley Fire and Rescue endorsed this proposal in an email dated May 9, 2006 from John Dalby, Deputy
Fire Marshall, predicated on a condition of approval requiring propposed Lot 32 to be sprinkled as a consequence of
the "D" Street grade (12%) exceeding the fire district standard of f0%.
In addition, in a June 28 2006 letter to the City, Mr. Dalby further endorsed the proposal predicated on the
following criteria and conditions of approval:
1) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER
PROTECTION: When buildings are completely protected with an approved automatic ire sp ' er system,
the requirements for fire apparatus access maybe modified as approvedbythe fire code official. (IFC 503.1.1)
2) ADDITIONAL ACCESS ROADS - ONE-OR TWO-FAMILY RESIDENTIAL: Where there are more
than 30 one- or two-family dwelling units, not less than two separate approved means of access shall be
provided. Where there are more than 30 dwellin units and all are protected by approved residential sprinkler
systems, a single access will be allowed. (IFC D10I
3) REMOTENESS: Where two access roads are required, they shall be placed a distance apart equal to not less
than one half of the length of the maximum overall diagonal dimension of the property or area to be served,
measured in a straight line between accesses. (IFC D104.3)
4) FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access
roads shall have an unobstructed width of not less than 20 feet (12 feet or up to two dwelling units and
accessory buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. Where fire
apparatus roadw
roa days are less than 26 feet wide, "NO PARKING" signs shall be installed on both sides of the
way and in turn arounds 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. (IFC 503.2.1)
The fire district does not endorse the design concept wherein twenty feet of unobstructed roadway width
is not provided.
5) FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on a
fire apparatus access road, the minimum road width shall be 26 feet. (IFC D103.1)
NOTICE OF DECISION PAGE 32 OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
6) NO PARKING SIGNS: Where fire apparatus roadways :are not of sufficient width to accommodate parked
vehicles and 20 feet of unobstructed driving surface, "'No Parking" signs shall be installed on one or both sides
of the roadway and in turnarounds as needed. Roads 26 feet wide or less shall be posted on both sides as a fire
lane. Roads more than 26 feet wide to 32 feet wide shall be posted on one side as a fire lane. Signs shall read
"NO PARKING - FIRE LANE" and shall be installed witli a clear space above grade level of 7 feet. Signs
shall be 12 inches wide by 18 inches high and shall have red letters on a white reflective background. (IFC
D103.6)
7) SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surface that is
easily distingw' hable from the surrounding area and is capable of su porting not less than 12,500 pounds point
load (wheel load~) and 75,000 pounds live load (gross vehicle weight 'Y. ou may need -to pprovide documentation
from a registered engineer that the design will be, capable of supporting, siich loading. {IFC D10,;1) .
8) TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 28 feet and
48 feet respectively, measured from the same center point. (IFC 503.2.4 & D103.3)
9) GRADE: Fire apparatus access roadway grades shall not exceed 10 percent. Intersections and turnarounds
shall be level (maximum 5%) with the exception of crowning for water run-off. When fire sprinklers are
installed, a maximum grade of 15% may be allowed. The approval of fire sprinklers as an alternate shall be
accomplished in accordance with the provisions of ORS 455.610(5). (IFC 503.2.7 & D103.2)
1o) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW. The minimum available fire flow for
single family dwellings and duplexes served by a municipal water supply shall be 1,000 gallons per minute. If
the structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to IFC
Appendix B. (IFC B105.1)
11) REFLECTIVE HYDRANT MARKERS: 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. (IFC 508.5.4)
12) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire
apparatus access roadways an fire fighting water supplies shall be installed and operational prior to any
combustible construction or storage of combustible materials on the site. (IFC 1410.1 & 1412.1)
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:
THIS DECISION IS FINAL ON JULY 19, 2006 AND
EFFECTIVE ON AUGUST 3, 2006 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.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community
Development Code which provides that a written appeal together with the required fee shall e 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 33 OF 34
SUB200&00004- AUTUMN VIEW 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 proVerI raised in the Notice of Appeal may be submitted by any party during the appeal
hearing, subject to any addition rruulles of procedure that maybe adopted from time to time bythe appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON AUGUST 2, 2006.
Questions:
If any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall
Boulevard, Tigard, Oregon at (503) 639-4171.
C~' ~ t July 19, 2006
PREPARED BY: aryP enstecher DACTIE
so to Planner
NOTICE OF DECISION PAGE M OF 34
SUB2006-00004- AUTUMN VIEW SUBDIVISION
rn
~~..1___ ~ - 00001
W s~BZ°~~"
~~Za~6-oooa
\N oDV"A
u' AYNSI-EY 1 " ~
ui s stB-0IS~C~
TEWKESBURY
"9L 5~
5 1 'pRg FFRR
<A S
ti
RR-t
bti
E Qv J5 a a ' r
Jo .
LN ` gV BONITR
S V V J U L
I N e ¢ 4
Q, r ~P.N RD ~I
~ Rp
~a
1
146Ty T gacd A[aa MaP
N
TR (LD 600 Feet
400
200
• z se°t
I
gEI~D s for Sane al location 000 as
SW nt $eNices 4ivi<.
intomlat}on °1ed wi h the pevelop
should ry3125 SW all Btvd
be veff
23
ard, OR 972
Ti(50a' 639 4171
http:ll C ~d.0f.AG1C0~
• 1 r 4, X006;
Plot dale. Ap
SW R08 W66 NE
1
i _ - - _ - - - - CVIRE IIETGNi ftMGUS CNOPO LE 9A'ENC OfIIA
I O ~ ; Q ' ( C1 1853 18fOD ]891 NiTi2't64 24'3716'
1 O O ~ ~ i CR- I ]999 10524 J9J1 51%08'R]w 24'4025"
I O O O H q
p O W CS 112d~1 B2W 111 ]0 N4T32'Rkw 85'SM1'18•
I a - ~ w o - TAXLOT 4100! TAXLOT 4000 s +2].4 n.o 11x39 s4nss4 9a'+95z
ss' .9' o o ° g rAnfa zs 1 aeoo cs 773x1 ,ss.oo 111m NmzY34w 3vl 44•.
I I y~ 5 X TAW 2S I ODD I ~ I + Ca I9B ~ 2~ M E9S8 NiS~2'49'E 39'3!'46'
4 N ~ ~ ` H I C9 fi9.i8 )~.f0 8531 SiT06'Pw 84'9525"
42.00' 23' R3' S.W CID 81.98 I4W 19.78 595'10'47[ 89'51'5]'
190Q68'SIE 80535' Cii INffi 6624 9123 NN•'10'47W 9551'9' '
344.47 1381{' 25' TS' 67.89' C12 xiA7 14.24 19.78 1/5'11'4]4 0554'9"
.'t5ov q4 as azo-z 1..99 t9s: s.<.e,aw Sacs r
6.su u L.z64re TAXLOT 2500 I cu B9s 14.00 fi.7e alrn'zst 369'20"
lA'OAW 25 1 I)M I . 65 127.71 4Jm 91.89 "1'02'19"E 1552449°
(,j 15• BIWR-f6-24,51 ; z 45
BEOIGigN 5859'8124 1.N1.19' a ],904 SF Ci6 1..64 25m 14.4] Nn9•SRW 1]33'10"
TAXLOT 2600 C17 109.24 SSW 97.19 5471531E 9' S1°
h
43 w~ / $ A0 25 1 17M I CIB 128AB 10024 122648 Nm'2Y W 518 '
1a° I ! TRAGIF '9' 6,110 ff 410.56' -1' Ct9 81.42 141m 9532 5]121294 35102]'
a OP N ENE
W 84,/64 SF z1w 114.0' i 010 -FM- 1998 N49'40164 2408'0]'
5859•
I ME. , ~SB59'21w 8192' O O i ( C4 WE 100A0 6825 -12 54 1537
DY9P. WREN Sy SF 355• - O j O CRS 9834 59.00 0394 48'10'4224 0551'5]
$ M/- mf 4,536 N C2. 20.91 14A0 1902 N0.TJR'T14 10 8539''
SdS5521w 101_11' W 4 Al+i - F- X+ .U.38 KES 7952 54]'15'311 9449'52°
IO' NEW
BMW sB9'9Riw 9811' 'a O O C1H 2556 14A0 22.15 S522Yi8w -1-
as 'rte V ME
; I I snvm'uw ~------47- L=zNaY 1'~ ° ~ x ~ x ~ 1 t eRJ w.sa fu.DO eo.lx Nvor3 z4'RS3s•
x 1 ` 4 028 128.98 180,00 128.48 0'2]'85'1 351d'2)'
10,00' 4,9869F 17
'15.24• EE, w04N 294AY 0.891 Sf
svs3wr 1x47 SI s8 60.00 se99'o w 96553'4rw 995' 324 JORDY COURT \ DENSITY CALCULATIONS:
W , I 5099RIW 98,95
120' 140 1
- 35 36 37 4,m sF 7
1 I ; 34 0
$ 5,011 S $3M SF 8.483 n a49o s ~9's3'R1w 99.9x' L~'~ 4.9oD sF \ ` ZON 8K, ~%ct IR a i 50PSw219Y 9e.W' aw7g8 GROSS ITE AREA: 473,038 SF
i 39 XLOT 3400 PUBLIC. RIGHT-OF-WAY DEDICATION: 111,475 SF
TAX
TA \ F TRACT B (OPEN SPACE): 65,464 SF.
s 2 R so95F s I` 49 g TAXLOT 3100 T+M7LOT3,2
III 151 4900 lAJIALP ff l 17M
9
I _ ( 1 1x9'53'044 13 - -r- 1
I I 23.60•" se59z5w ,aoza' TNMi xs 1 17M PERCENT OF OPEN SPACE: 147<
4s4 I se5s'2rw 9e.oB \ \ NET DEVELOPABLE AREA: 296,099 SF
' 3A6-~ S y,' N0014'45'W 5500' 1®7981'1 1&.11• \ `
TAXLOT 1900 i'2'? s,i3asF zs' z5; 50 ' TLO~T 500 MINIMUM ALLOWABLE LOT AREA = 4,000 SF 17. TAXLOT 600 I I I mules M I I s cz ° 'pB uRZ.aT l L-sj-9 399 sF e_we O \ \ \ \ MINIMUM AVERAGE LOT AREA = 5,000 SF
899] SF TAXLOT 3300
I
t MAXIMUM DENSITY = 296,099 SF / 5,000 SF = 59.22 = 59 LOTS
'Lnss6• TOM z$ 1 17M
W_ etw t4j z xe59'z1°E. 9z.w'
1 12.51, y+q '?377,-g grpEET~ M41 .~--1219___ e, ve ~ TAXLOT 400 3 t MINIMUM DENSITY 59.22 X 0.80 = 47.38 = 47 LOTS
„z~ i 1 T-- N 89'9'21• E -201A]' - 6•E iA%1VP 15 1 IJM PROPOSED DENSITY = 50 LOTS
R3rt - <?~zze a a J ~t "BMA. PROPOSED AVERAGE LOT SIZE = 5,731 SF
. Ls5ll,L5- -"53- --SD'(9--- - 3TZQ--- ~a' I -
m i
- 9, e3s ' B.In''w~\ - sNc tbKSIB P'a NOW
w 2 r 3 sm m sEefR Fnm1FNr TAXLOT 300- 1 i
6,369 Si 5,153 SF ~v VW n I I- I
SF7 I x 5 e6.m' - 31 30 W 29 28 L,~w+ 27 W 26 25 a i
N I I ty y3 I ! S ~~WT g 5,624 8F 4,895 SF IS A]W 9' yes 4,TA fiF" 4.i5D 6f a 4,]506F8 6hb4 5F 2Y 23' 1 L.TI.9>'____-_~t__
G 32 ~W} X859'21.1' 3G48] ~SyY TAEyOR LANE 1z
-5m. t& am, 50.00' SOm' 65.64 - X8551'12'1143,24 Y, 1
I" 2418 INO SWRMf FASE]iLM i ,pyJ-_
899'214 BbAO• J ,
i 324 TREVOR LANE
I' I, ( r-- e' nn[ (rexu} 18 19 20 21 22 23 24( - I=u.oz'`-'--4 , ' - -
.
4 13' i 2J' g' 6,126 SF5.927 SF Si 5,727 SF _ 5,520 SF 5,328 SF $ 5,110 SF - 6,429 5F L-8193• Sam SF
rt s 6'" TAXLO7 2400 `
17
( BSRS s a L-x691' xB5s99z4 ns.9s' fm,. a i I. TAX LOT 200 1 11
vat-
I I - ~ rAblw 25 f nM
60 mu
:j 5 SCA2E 3"
TAXLOT +1 BOO
- a+a . TAXLOT 100
mwP UeM a\ _ 'Nc ~---"-"---a CIB 1.77,97 h ? f
-jgS\0341 105.37' x
sml'p 1s' lx%dw zst nM
S@PN me Maw a
59x' - 2v 10 9 B 4.e sF ),m sF 1~.,
49.99' - x 2 12 17 S,In sF
14 13 g 5.77] s r $177 5F „ .s
I I s , O 16 75 r san sF sd77 IFS 5.177 M F4 $ 's s
TRACT A - s,1n s r` s.,n s g
STWO(TER ES, ME -50 -
FIAIFf" r g A0'___ D~00__.
~
1590 - -1 15' RGM -w-WAr
• ` „
Is' 24&!0 WITAW - _
- R OFOIC4110N
SEWER, mm, MB 74
I
1805 _
ROAD
REVISIONS: - _ u1N 48 NUMBER
- ENGINEERING PLANNING •SMVE17NG .FORESIRY f5 IDR➢ ye01"e4
PRELIMINARY -r 15910 1 011111WARM AUTUMN I d 1274
SW GAIBREAT
Y N 081714 WE too ~PAHEDEMIW
P42X"P OAgCPEII w Sg910EET N ( ,
Tit -t
SHERMOD, OR REAl D 97740 4230 SN . SVIm 190 E
WE MKO, w 9]015 f}`"~9n
N 4X008 H• r 3 OF
PLA 1 qm m d 09 771 PHO E (505) 920-8798 FAY (59) 925-8989 Q [ 0 81-J6ro
Tt J
FA% 59-397-7617 TAI: LO! NUNBE~ 2000 ANO YAD WA NGTW 024X14 TAR 9, 29 f 17M wie Vu/m