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SUB2003-00014 Decision - ARBOR POINTE SUBDIVISION , ;fi - x gy p. 0 hk .', �.y% _ �3 N IC E O F TY D ION E 0 PEI E 2 URBAN SERVICE AREA ''':0--;-:-''' 4 : A SUBDIVISION(SUB) 2003 0003 �`�i i i ` C I TY Of TIGARD x om � � ME. � ERS FARM NO 2 SUBDIVISION eg d t c ' e- 120 DAYS = 7/23/2004 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: MEYERS FARM NO.2 SUBDIVISION CASE NOS.: Subdivision (SUB) SUB2003 -00014 Adjustment (VAR) VAR2003 -00086 Adjustment (VAR) VAR2003 -00087 Adjustment (VAR) VAR2003 00088 Adjustment (VAR) VAR2004 -00025 REQUEST: A request for subdivision approval to create 44, single - family lots ranging in size between 4,294 and 7,744 square feet on an approximately 8.16 acre site. The following adjustments have been requested: t) Exceed the 15% maximum street grade on a public street (SW Dekalb: 16% to 20 %); o' Exceed 12% grade for longer than 250 feet (SW Cooper: 275'), ® Reduce Right -of -way width (SW 163 Avenue: from 54 to. 46 feet); and r ® Eliminate sidewalk planter strips (SW Pollard, SW Cooper, SW Bray, SW 163 and a portion of SW Dekalb.). APPLICANT: George J. Marshall OWNER: Same P.O. Box 91249 Portland, OR 97291 COMPREHENSIVE PLAN DESIGNATION: R -7; Single - Family, Medium - Density Residential. ZONE: R -7 Medium Density 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 minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. LOCATION: WCTM 2S108BC, Tax Lot 11900 (South of Bull Mountain Road, west of Meyers Farm No. 1). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters .370 (Variances and Adjustments), 18.390 (Decision Making Procedures)); 18.430 (Subdivision); 18.510 (Residential g Zonin Districts); 18.705 (Access, Egress and Circulation); 18.715 Densit Computation); 18.745 Landscaping and Screening); 18.765 (Off- Street Parking); 18.790 (Tree Removal ; 18.795 (Visual Clearance Areas); 18.780 (Signs), and 18.810 (Street and tility. Improvement Standards); and the Bull Mountain Community Plan. NOTICE OF DECISION PAGE 1 OF 42 SUB2003 -00014 - MEYERS FARM NO. 2 SUBDIVISION SECTION II. DECISION N otice is: hereby givenAhat the,�Cty ,of Tigard Community Development Director designee' has APPROVED th e above request subject tpterta ill conditions of approval The and conclus on ch the decision is in whi Section VI of this D ecision k j CONDITIONS OF APPROVAL THE FOLLOWINGS CONDITIONS SHALL BE3 SATISFI PRIORqO COMMENCING ANY'ONSITE IMPROVEMENTS, INCLUDING DEMO , GRADING, CLEARING, EXCAVATION' AND /ORS FILLACTIVITIES ;. k �� ,,. ,___,. �_..,. .,' c.r _ " . •:, Submit to the Planning Department (Morgan Tracy, 639 -4171, ext. 2428) for review and approval: 1. Prior to site work, submit a revised street utility plan that shows the location, species, and size (minimum 2 -inch caliper) of required street trees along the public and private streets per the City's spacing standards of Section 18.745.040(C). Selection of the tree species will be in accordance with the City Street Tree list and the City Forester's recommendations. 2. Prior to site work, submit an erosion control plan that identifies areas for re- vegetation, topsoil storage areas, methods of replanting and topsoil restoration in accordance with Section 18.745.060. 3. Prior to site work, the applicant shall provide the City will evidence of all necessary approvals from Division of State Lands, Army Corps of Engineers, and Clean Water Services. 4. Prior to site work, the applicant shall revise their tree removal plan so that a minimum of 50% of the mature non - hazardous trees on site are preserved. 5. Prior to site work, the applicant shall submit a final Tree Protection Plan that follows the recommendations of the City Forester, as outlined under the discussion of 18.790, Tree Removal, in this decision. 6. Prior to site work, the applicant shall submit construction documents that show access to Parcel 2 occurring solely from Tract J. 7. Prior to site work, the applicant shall ensure that a temporary turnaround for Tract K (SW Bray Lane) is provided in either a tract within the subdivision boundaries (possibly rendering a lot unbuildable until it is replatted to eliminate this tract once no longer needed) or in a temporary easement on adjoining property with the adjoining owner's consent. Compliance with grade standards will be assured during the construction document review phase. Submit to the Engineering Department (Kim McMillan, 639 -4171, ext. 2642) for review and approval: 8. Prior to site work, a Public Facility Improvement (PFI) permit is required for this project to cover the subdivision improvements and any other work in the public right -of -way. Eight (8) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.ci.tigard.or.us). 9. Prior to site work, the PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will bedeesignated as the "Permittee ", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify h! P P P p fy the state within which the i 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. NOTICE OF DECISION PAGE 2 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION . 1 0. Prior to site work, the applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided on- site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. The construction vehicle access plan shall indicate that all construction vehicles shall enter and exit the site on 163` Avenue. The plan shall also indicate that construction vehicles will not be allowed to access the project site from the local streets within Meyers Farm (Phase 1). The existing barricades at the west end of these local streets will remain in place until substantial completion of the PFI work. At that time the barricades may be removed, but construction vehicles will still be prohibited from using the local streets. The barricades will be put back in place if the contractors violate this requirement. The barricades will then remain in place until the final lift of asphalt paving has been placed and the one year maintenance period has ended. The barricades will then be removed permanently. 11. Prior to site work, any necessary off -site utility easements shall be the responsibility of the applicant to obtain and shall be submitted to and accepted by the City. 12. Prior to site work, the applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a half - street improvement along the frontage of SW Bull Mountain Road. The improvements adjacent to this site shall include: A. City standard pavement section for a collector street from curb to centerline equal to 23 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete 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. 6 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; J. street signs (if applicable); K. driveway apron (if applicable); and L. adjustments in vertical and /or horizontal alignment to construct SW Bull Mountain Road in a safe manner, as approved by the Engineering Department. 13. Prior to site work, the applicant's Public Facility Improvement permit construction drawings shall indicate that full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street trees, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. 14. Prior to site work, the construction drawings shall indicate curbside sidewalks on Dekalb Street Bray Lane, Cooper Lane and Pollard Lane from the east property line to the east side of 163' Avenue. 15. Prior to site work, the construction drawings shall indicate sidewalks with planter strips on Dekalb Street, west of 163 Avenue. 16. Prior to site work, the construction drawings shall indicate that both private streets (Tracts J & K) will have a 5 foot sidewalk along one side. NOTICE OF DECISION PAGE 3 OF 42 SUB2003 -00014 — MEYERS FARM SUBDIVISION , 17. Prior to site work, the construction drawings shall indicate curbside sidewalks on 163 Avenue from Bull Mountain Road to the north side of Brayyjane. The drawings shall also indicate th, there will be sidewalks with planter strips along 163 Avenue, south of Bray Lane to the southern terminus of 163 Avenue. 18. Prior to site work, a profile of all interior public streets and Bull Mountain Road shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 19. Prior to site work, the applicant's construction drawings shall show that the pavement and rock section for the proposed private street(s) shall meet the City's public street standard for a local residential street. 20. Prior to site work, the construction plans shall show that any segments of public sanitary or storm sewer lines to be located in non -paved areas will be constructed of PVC C -900 or ductile iron pipe materials. 21. Prior to site work, the applicant must obtain approval from CWS for the proposed public sanitary and storm sewer plan for the project. 22. Prior to site work, any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. 23. Prior to site work, the applicant's construction plans shall show that they will upsize the proposed public water line in 163 Avenue to a 16 -inch line. 24. Prior to site work, the plans for the public water quality facility shall be reviewed and approved by the City and CWS prior to construction. 25. Prior to site work, an erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 26. Prior to site work, a final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The design engineer shall indicate, on the grading plan, which lots will have natural slopes between 10% and 20 %, as well as lots that will have natural slopes in excess of 20 %. This information will be necessary in determining if special grading inspections and /or permits will be necessary when the lots develop. 27. Prior to site work, the applicant shall obtain a 1200 -C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. THE FOLLOWING CONDITIONS� SI=IALL BESATISIE FD� PRIOR TOi4PP O\fAOF E FINALPLAT �a Submit to the Planning Department (Morgan Tracy, 639-4171, ext. 2 for review and approval: 28. Prior to final plat approval, the applicant shall sign a consent to annex when the City boundary borders the subject properties as well as a waiver of time period. This shall additionally be incorporated by reference into the deeds of all lots within the subdivision. NOTICE OF DECISION PAGE 4 OF 42 SUB2003 -00014 — MEYERS FARM SUBDIVISION ''9. Prior to final plat approval, public improvements shall be substantially complete as further conditioned in this decision. 30. Prior to final plat approval, the applicant shall include all required changes on the lat and confirm that the averace of all lots sizes is equal to or greater than 5,000 square feet. If unable to meet this standard, he applicant shall reduce the number of lots accordingly. 31. Prior to final plat approval, the applicant shall revise the right -of -way for SW 163` south of Bray Lane to accommodate 5 foot wide planter strips between the sidewalk and the street. This additional right -of -way shall be deducted from the net buildable area, and excluded from lot area. 32. Prior to final plat approval, the applicant shall either reconfigure Lot #139 so that it meets the definition of flag lots in which case the requirements for flag lots shall apply to this lot, OR make no change to the lot with the understanding that the front yard is determined to be the west property line. 33. Prior to final plat approval, tracts A -H, I, and L shall be consolidated into a single tract pursuant to Clean Water Services R &O 04 -11 and R &O 00 -07 which require wetlands and their buffers to be placed in a single tract. 34. Prior to final plat approval, the applicant shall submit a tree mitigation plan and /or program for the trees that will require removal for the improvements and to site the future houses. If $ proposing to replant, the applicant shall submit a bond for the value of the trees assessed at 125 per caliper inch. The bond shall be returned to the applicant upon completion of the replanting. If the replanting has not been completed by the final inspection on the last lot, the City may collect the bond. If paying the fee in -lieu, such payment shall occur prior to final plat approval. Submit to the Engineering Department (Kim McMillan, 639 -4171, ext. 2642) for review and approval: 35. Prior to final plat approval, the applicant shall pay an addressing fee in the amount of $2,200.00. (STAFF CONTACT: Shirley Treat, Engineering). 36. Prior to final plat approval, additional right -of -way shall be dedicated to the Public along the frontage of Bull Mountain Road to increase the right -of -way to 35 feet from the centerline. The description shall be tied to the existing right -of -way centerline. The dedication shall be on the final plat. 37. Prior to final plat approval, the final plat shall show the ROW width for 163 Avenue to be 46 feet for the portion between Bull Mountain Road and Bray Lane. The final plat shall show the ROW width fir 163 Avenue to be 54 feet for the portion between Bray Lane and the southern terminus of 163 Avenue. Street tree easements will be required for all rights of way where planter strips are not provided. 38. Prior to final plat approval, the plat shall contain a restriction against direct vehicular access onto Bull Mountain Road from the subdivision lots. 39. Prior to final plat approval, the plat shall show that Lots 149 and 154 are not permitted to access SW Bray Lane. 40. Prior to firoal plat approval, the plat shall contain a restriction against access from Lot 120 directly onto 163 Avenue. 41. Prior to final plat approval, the plat shall contain a restriction against an access from Lot 121 directly onto 163'' Avenue within 150 feet from the new south ROW line of Bull Mountain Road. 42. Prior to final plat approval, the applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street(s) will be jointly owned and maintained by the private property owners who abut and take access from it (them). NOTICE OF DECISION PAGE 5 OF 42 SUB2003 -00014 — MEYERS FARM SUBDIVISION 43. Prior to final plat approval, the applicant shall prepare Conditions, Covenants and Restrictior. (CC &R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC &R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street(s). The applicant shall submit a copy of the CC &R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. 44. Prior to final plat approval, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. 45. Prior to final plat approval, the applicant shall pay $1,107.00 to the City for the striping of the bike lane along the frontage of Bull Mountain Road. 46. Prior to final plat approval, the applicant shall provide a maintenance access road to the water quality facility and any drainage structures within the facility to accommodate City maintenance vehicles. The access road shall be paved and have a structural section capable of accommodating a 50,000 pound vehicle. The paved width shall be a minimum of 10 feet wide, and there shall be two -foot rock shoulders provided on each side. If the maintenance roadway is over 150 feet in length, a turnaround shall be provided. 47. Prior to final plat approval, the applicant shall either place the existing overhead utility lines along SW Bull Mountain Road underground as a part of this project, or they shall pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is accepted by the City Engineer, the amount will be $12,344.50 and it shall be paid prior to final plat approval. 48. Prior to final plat approval, the applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City s global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as requirec . for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: GPS tie networked to the City's GPS survey. By random traverse using conventional surveying methods. 49. Prior to final plat approval, the applicant shall submit a final plat for review in accordance with the following Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning /Engineering Permit Technicians, at (503) 639 -4171, ext. 2421). C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. D. The right -of -way dedication for Bull Mountain Road and all interior streets shall be made on the final plat. E. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City and County have reviewed the final plat, submit three mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE�FOLLOWING CONDITI . .._�' . ,.: PRIOR TO ISSUANCE OFBUILDINGPERMITS 0 ,,, . ... Submit to the Planning Department (Morgan Tracy, 639 - 4171, ext. 2428) for review and approval: 50. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign NOTICE OF DECISION PAGE 6 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION compliance agreement. 51. Prior to issuance of building permits the Project Arborist shall submit to the City Forester a final report describing how the Tree Protection Plan was implemented and detailing any failures to comply with the Tree Protection Plan. The report shall also describe the health of all remaining trees on the site, with details provided as to any tree that has had its root system disturbed or that has otherwise been damaged. 52. Prior to the issuance of building permits, the applicant's engineer shall provide post- construction sight distance certification for the intersections of SW 163rd Avenue at Bull Mountain Road and at proposed Street "G ". 53. Prior to the issuance of building permits, if lot #139 is reconfigured as a flag lot, the applicant's plans shall reflect that the maximum height for the residential structure is 1 -1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2 -1/2 stories or 35 feet, whichever is less, provided: A. The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning district; B. A 10 -foot setback will be preserved along the side yard abutting the periphery of the subdivision; C. A residential structure on any abutting lot outside the subdivision either is located 50 feet or more from the nearest point of the subject dwelling, or the residential structure exceeds 1 -1/2 stories or 25 feet in height on any abutting lot; and D. Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot outside the subdivision unless the proposal includes an agreement to plant trees capable of mitigating direct views, or that such trees exist and will be preserved. Submit to the Engineering Department (Kim McMillan, 639 -4171, ext. 2642) for review and approval: 54. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 55. Prior to the issuance of building permits, the City Engineer may determine the necessity for, and require submittal and approval of, a construction access and parking plan for the home building phase. If the City Engineer deems such a plan necessary, the applicant shall provide the plan prior to issuance of building permits. 56. Prior to issuance of building permits, the City Engineer shall deem the public improvements substantially complete. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all local residential streets have at least one lift of asphalt, 3) any off -site street and /or utility improvements are substantially completed, and 4) all street lights are installed and ready to be energized. (NOTE: the City apart from this condition and in accordance with the City's model home policy may issue model home permits). 57. Prior to issuance of building ermits, the applicant shall provide the City with as -built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as- builts in "DWG" format, if available; otherwise "DXF" will be acceptable, and 3) the as -built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). IN sADDITION,,THE IAPPLICANT SHOULDI BEAWARE OF THE FOLLOWING S LOF TH E boMMUrsitif DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST 9 ^ 1 8.430.080 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans are issued by NOTICE OF DECISION PAGE 7 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION • the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As 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 may be terminated; or 3. Cash. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.430.100 Filing and Recording: Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat Application Submission Requirements: I hree 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 conforming to City standards will be required around all centerline intersection points, cul -de -sac center points, and curve points. NOTICE OF DECISION PAGE 8 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION The tops of all monument boxes shall be set to finished pavement grade. 18.810 Street & Utility Improvement Standards: 18.810.120 Utilities All utility lines including, but not limited to, those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface - mounted transformers, surface- mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Bond Required All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to City Required Work shall not begin until the City has been notified in advance. 'f work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS; , .. F T EFFECTIVE DATE ;OF THIS DECISION r z SECTION III. BACKGROUND INFORMATION Site History: The subject site is approximately 8.16 acres in size and is comprised of a single parcel. A search of City records finds that a lot line adjustment was approved in June 25, 2003. This lot line adjustment created the 8.16 acre parcel with a 2 acre parcel to the south. The smaller parcel is accessed by an access easement in the alignment of the proposed road and will be vacated upon creation of the public street. The parcel is outside the current city limits but is within the Urban Services Area, and is therefore under the City of Tigard's planning review. Site Information and Proposal Description: A request for subdivision approval to create 44, detached single - family lots ranging in size between 4,294 and 7,744 square feet on an approximately 8.16 acre site. Four adjustments have been requested primarily to address street improvement standards. One roposed street will have street grades in excess of 15 %, three streets are proposed with curb tight sidewalks, and one street will have a narrow right -of -way width. A fourth adjustment is required for the continuation of SW Cooper Lane which exceeds a 12% grade (but is less than 15 %) for longer than 250 feet. While there is a wetland on the site that will be protected by buffer requirements, this wetland is not designated in the City's comprehensive plan and is therefore not subject to a Sensitive Lands review by the City. Approvals from Division of State Lands, Army Corps of subject and Clean Water Services will be required for any wetland impacts. No other sensitive lands are present on the site. NOTICE OF DECISION PAGE 9 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION Vicinity Information: The proposed development lies within unincorporated Washington County south of SW Bull Mountain Road and west of the current Meyers Farm No. 1 Subdivision. The site is accessed from Bull Mountain Road, as well as SW Pollard, SW Cooper, SW Debray, and SW Dekalb which are within Meyers Farm No. 1. To the west is the 'Volpe" property which is anticipated to be developed at a later date as Meyers Farm No. 3, although no application has been received for such development. To the south is a 2 acre parcel and the urban growth boundary (UGB). The entire vicinity within the UGB is zoned R -7. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The City mailed notice to property owners within 500 feet of the subject site. Letters were received from Tom Ferguson, Holly Shumway, Susan Morrelli, Ernest F. Plechaty, Alma Draper, and Charlie and Lade Stalzer. These letters raise the following issues generally: The proposed variances to the street improvement standards create safety and aesthetic impacts. Mr. Ferguson and Ms. Shumway are concerned that the steep grades in combination with narrow streets will encourage faster driving with fewer margins for error. They also note that the curb tight sidewalks deprive the area of beauty in favor of more houses, and offend the purpose of the Bull Mountain Community Plan. RESPONSE: The steep grades are necessary to continue to the existing street layout pattern established by Meyers Farm No.1. The alternative would be a massive amount of fill with resulting large retaining walls on the down hill side of the property. The concept of utilizing fill to reduce street grades is further hampered by the existing wetland on the site. The reduced right -of -way width is the result o' using curb tight sidewalks, and placing street trees in easements behind the sidewalks, the actua, street pavement width will not be affected by the proposed adjustment. The curb tight sidewalks have been proposed to reduce the amount of right -of -way width in the area around the wetland, to give greater depth to the lots and allow the buildings to be placed further away from the resource. Curb tight sidewalks are also proposed along the road extensions from Meyers Farm No. 1 where curb tight sidewalks already exist (due to the previous code requirement for curb tight sidewalks.) These sidewalks transition into the current standard with planter strips in the remainder of the subdivision or will be required to do so. Construction Traffic The four identical letters from Ms. Morrelli, Mr. Plechaty, Ms. Draper, and Mr. and Mrs. Stalzer primarily concern the construction traffic during dvelopment of the subdivision. They indicate their preference that construction traffic use SW 161' via Bull Mountain directly, and furthermore that traffic approach the site from SW Roy Rogers Road (to the west) versus coming east from Bull Mountain Road. RESPONSE: Construction traffic will be using Bull Mountain Road, which is a collector, and can approach the site from either direction. Although the City cannot dictate the route used by the contractors, staff suggests they consider using a route from west of the property when practicable. This suggestion is based on the safety concerns of that portion of Bull Mountain Road near Roshak Road. Construction traffic accessing the project site must use the proposed 163 Avenue ROW. Construction traffic will not be allowed to use the local streets located in the Meyers Farm development. There are existing barricades at the west end of the stub streets in the Meyers Farm subdivision. These barricades will remain in place until the public improvements for Meyers Farm No.2 are substantially complete. Upon substantial completion the barricades will be removed. Contractors will still be required to access this project from SW 163 Avenue only. If there is a problem with the contractors using these local streets, the barricades will be put back up at the determination of the NOTICE OF DECISION PAGE 10 OF 42 SUB2003-00014 — MEYERS FARM SUBDIVISION flity Engineer. The barricades will then remain in place until after the second lift of asphalt paving as been placed and the 1 -year maintenance period for the public streets has ended. The barricades will then be removed permanently, without further notice or land use action. 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. A • • Iicable Develo • ment Code Sections variances an• A •bus men s 18.510 Residential Zoning Districts 18.705 Access, Egress and Circulation) 18.715 Density) 18.730 Exceptions to Development Standards) 18.745 Landscaping and Screening) 18.765 Off - street Parking and Loading Requirements) 18.790 Tree Removal) 18.795 Vision Clearance) C. Street and Utility Improvement 18.810 (Street and Utility Improvement Standards) D. Decision Making Procedures 18.390 (Impact Study) E. Bull Mountain Community Plan The proposal contains no elements related to the provisions of these Specific Development Standard ;ode Chapters: 18.710 (Accessory Residential Units), 18.740 (Historic Overlay), 18.742 (Home 3ccupations), 18.750 (Manufactured /Mobil Home Regulations), 18.755 (Mixed Solid Waste & Recyclable Storage) 18.760 (Nonconforming Situations), 18.785 (Temporary Uses), and 18.798 (Wireless Communication Facilities). These chapters are, therefore, found to be inapplicable as approval standards. SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A — SUBDIVISION GENERAL PROVISIONS: Approval through two -step process. An application for a subdivision shall be processed through a two -step process: the preliminary plat and the final plat. 1. The preliminary plat shall be approved by the Approval Authority before the final plat can be submitted for approval consideration; and 2. The final plat shall reflect all conditions of approval of the preliminary plat. The applicant has submitted a preliminary plat for approval consideration. Final plat review will occur after the decision is final. Compliance with ORS Chapter 92. All subdivision proposals shall be in conformity with all state regulations set forth in ORS Chapter 92, Subdivisions and Partitions. 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. NOTICE OF DECISION PAGE 11 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION None of the lots exceed 10,000 square feet, the minimum required to partition a parcel in the R- zone. This standard is not applicable. 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 lots range in size between 4,294 and 7,744 square feet. The minimum size allowed per this provision is 4,000 square feet. The average for the entire subdivision is 5,151 square feet. This standard is met. Changes to the plat that are required as part of this decision will need to ensure that this average lot size standard is maintained. 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; however, if one is later requested, it will be reviewed through a separate temporary use permit process. Minimize flood damage. All subdivision proposals shall be consistent with the need to minimize flood damage. Due to the topography of the site, storm water is anticipated to leave the site and not cause flooding. Storm drainage facilities will be reviewed by Clean Water Services and also by the City for conformance with design and construction standards. Floodplain dedications. Where land filling and /or development is allowed within and adjacent to the 100 -year floodplain outside the zero -foot rise floodway, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian /bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. The site is not within nor adjacent to the 100 -year floodplain. This standard is not applicable. Need for adequate utilities. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. There are no flood hazards identified for this site. Need for adequate drainage. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and Drainage is discussed in greater detail under the Street and Utility Improvement section and addresses issues related to storm water facilities. Determination of base flood elevation. Where base flood elevation has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less). The base flood elevation is approximately 105 feet above sea level, measured at the nearest flood prone area (Tualatin River) roughly a mile away. The low point of the project site is approximately 350 feet above sea level. Section 18.430.030 (E) describes the approval process for Phased Developments. The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two NOTICE OF DECISION PAGE 12 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION • 'ears without re- applying for a preliminary plat. The criteria for approving a phased site avelopment review proposal are: a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. The applicant has not proposed phasing construction of this subdivision. The Approval Authority may approve, approve with conditions or deny a preliminary plat based on the following approval criteria: The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations; Compliance with the zoning ordinance and other applicable ordinance and regulations will be assured through review and imposition of conditions of approval as necessary, as outlined in this decision. The City of Tigard signed an Intergovernmental Agreement (IGA) with Washington County when it agreed to take over planning jurisdiction in the urban services area. The urban services area is the area outside of the current Tigard city limits, but within Tigard's Urban Growth Boundary. It is the area in which Tigard is anticipated to grow. Fundamental to the agreement between Tigard and Washington County is the understanding that areas in the urban services area will, over time, be incorporated into the City of Tigard as they are more intensively developed and as they require urban services. The proposed development will greatly intensify the need for urban services in this area. Consequently, the Development site should be annexed into the City. To satisfy this concern, the following condition shall apply: CONDITION: Prior to final plat approval, the applicant shall sign a consent to annex along with a waiver of time period when the City boundary borders the subject properties. This shall additionally be incorporated by reference into the deeds of all lots within the subdivision. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; No plat name reservation is required for subsequent phases of an existing subdivision, provided the developer is the same and the sites are contiguous. That is the case here. The plat name, Meyers Farm No.2, is not duplicative. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern; and This will be discussed in greater detail under Tigard Development Code (TDC) Chapter 18.705, Access and Chapter 18.810, Street and Utility Improvement Standards. An explanation has been provided for all common improvements. The applicant's narrative and plans provide the necessary explanation. Section 18.430.060A. authorizes the granting of adjustments for subdivisions in accordance with 18.430.050, provided that the application shall be made with a preliminary plat application with the criteria for granting such adjustments are contained in Section 18.370.020 Cl The applicant has requested four adjustments, but these are related to the Streets and Utility Improvement Standards of Chapter 18.810, not the Subdivision Standards. These adjustments will NOTICE OF DECISION PAGE 13 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION be addressed under Chapter 18.370, Adjustments, in the following section. FINDING: Based on the analysis above, the proposal meets, or will be conditioned to meet further in this decision, the preliminary plat approval standards for subdivisions. The applicant has proposed a phased completion for the subdivision improvements, but has not specified the timing or order of these phases. CONDITIONS: Prior to final plat approval, public improvements shall be substantially complete as further conditioned in this decision. Prior to final plat approval, the applicant shall include all required changes on the plat and confirm that the average of all lots sizes is equal to or greater than 5,000 square feet. If unable to meet this standard, the applicant shall reduce the number of lots accordingly. B— APPLICABLE TIGARD DEVELOPMENT CODE SECTIONS Variances and Adjustments (18.370) The applicant has requested four adjustments to various street improvement standards. All adjustments are to criteria found in Chapter 18.810 and are therefore subject to the adjustment review criteria of Section 18.370.020.C.11: The Director shall approve, approve with conditions, or deny a request for an adjustment to the street improvement requirements, based on findings that the following criterion is satisfied: Strict application of the standards will result in an unacceptably adverse impact on existing development, on the proposed development, or on natural features such as wetlands, steep slopes or existing mature trees. In approving an adjustment to the standards, the Director shah determine that the potential adverse impacts exceed the public benefits of strict application o the standards. The first adjustment is to allow a street (SW DeKalb) to exceed the 15% grade standard. This street is proposed to be between 16% and 20% grade. As indicated in the applicant's narrative, this is the result of the existing topography, and the position of the road layout in Meyer s Farm No. 1. Also, when the future street profiles were projected for Meyers Farm No. 1, SW 163 was projected to be the secondary road (for purposes of grade alignment at the intersection). When S W 163 became the primary road, this forced SW Dekalb to align with the crown section on SW 163. This shortened the amount of distance available to make the required grade for SW Dekalb. To maintain a compliant grade would require an extensive amount of fill to bring both SW 163 and SW Dekalb u in elevation. Even with this fill, the slope would simply be pushed to the west to the future Meyers Farm No.3. At least with Meyers Farm No. 2, there are alternative access points for residents and emergency vehicles. In Meyers Farm No. 3, the south portion of the subdivision will be accessed solely by SW Dekalb. An excessive grade in this location could have more serious impacts where alternate routes are not available. The second adjustment is to allow SW Cooper Street to exceed 12% grade for a distance greater than 250 feet. The applicant has proposed that SW Cooper be at a grade of up to 15% for 275 feet of distance. While this was originally anticipated during the review of Meyers Farm No. 1, since the street segment that exceeded 12% grade was only 238 feet, no adjustment was required for that first approval. Now, however, the street will be physically extended an additional 37 feet and will generally follow the natural grade. This adjustment is approved based on the adverse impact to the proposed development and the resulting improvement of the additional 37 feet of the same grade will have no determinable effect to the public benefit from full compliance. A third adjustment is requested to reduce the right -of -way width of SW 163 Avenue from 54 to 46 feet. This adjustment request is the result of the wetland delineation on site and the required buffers. This results in a narrower buildable area. In order to provide reasonably configured lots on the west side of 163 the applicant has shifted the street and tightened the right -of -way. A fourth adjustment, to eliminate planter strips is also requested to address this constraint below. In the worst case, one lot is 72 feet deep. By extending the right of way to meet the standard, the lot depth is reduced to 64 feet. NOTICE OF DECISION PAGE 14 OF 42 SUB2003 -00014 — MEYERS FARM SUBDIVISION subtracting areas for setbacks, this leaves a 29 foot deep building pad. Staff concurs that impacts to ,e wetland resource can be minimized by reducing the right -of -way width and bringing the sidewalks curb tight. Street pavement and sidewalk widths are unaffected by this adjustmenn and will meet City standards. The applicant's argument does not hold, however for the area of 163` that is beyond the influence of the wetland resource. In other words, there is a lack of sufficient justification to reduce the street improvement standard south of Bray Lane. Finally, a fourth adjustment as been requested to eliminate sidewalk planter strips on SW Pollard, SW Cooper, SW Bray, SW 163 r , and a portion of SW Dekalb. Staff finds that Tigard Development Code (TDC) Section 18.810.070 provides that for streets with predominant sections of curb tight sidewalks, no planter strip is necessary. This is the case with SW Pollard, SW Cooper, SW Bray, and SW Dekalb where over 80% of the existing street has curb tight sidewalks based on the city's previous standard. Planter strips will be required on SW Dekalb, wgst of 163 u. The applicant has additionally requested that curb tight sidewalks be allowed for SW 163 based on limiting the potential impacts to the wetland resource. Staff concurs that eliminating the planter strip will lessen the width of required improvements, and result in building envelopes being brought further away from the wetland. However, as discussed previously, the same does not hold true for the area on SW 163` south of Bray Lane. Therefore, planter strips will be required in this section. FINDING: The criteria for granting the adjustments has in most part been met, with the exception of curb tight sidewalks and reduced right -of -way width on SW 163 south of Bray Lane. CONDITION: Prior to approval of the final plat, the applicant shall revise the right -of -way for SW 163 south of Bray Lane to accommodate 5 foot wide planter strips between the sidewalk and the street. This additional right -of -way shall be deducted from the net buildable area, and excluded from lot area. Residential Zoning Districts (18.510) Lists the description of the residential Zoning District. The site is located in the R -7: Medium - Density residential zoning district. The R -7 zoning district has the following dimensional requirements: STAN DARD jA Minimum Lot Size Detached unit 5,000 sq. ft. Duplexes 10,000 sq.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 proposed lots range in size from 4,294 to 7,744 square feet. Some lots are below the minimum lot size requirements of the code but are allowable through lot size averaging which permits lots to be 80% of the minimum lot size (4,000 square feet) provided the average of all the lots meets 5,000 square feet. All lots meet the minimum lot width requirements, based on the dimensions provided on the plan. The applicant will be required to comply with the setbacks, height and lot coverage /landscape requirements during the building permit review process for the homes on individual lots. All lots within this subdivision are for single - family units. This is not a planned development, therefore, the setbacks are as prescribed by the base zone. NOTICE OF DECISION PAGE 15 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION FINDING: Based on the analysis above, the residential zoning district dimensional standards arm satisfied. Access Egress and Circulation (18.705): 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. No joint access is proposed with this application. All access will be direct from each lot and provided via public or private streets. It shall be noted that to qualify as a tract for private street status, a minimum of three lots must be served by it. There is a potential that Tract J would only serve two lots, violating the street frontage requirements of Chapter 18.810. Moreover, direct access from a street stub (without an appropriate termination) is not permitted, as may be the case with Parcel 2. Therefore, a condition shall be imposed that the construction documents show access to Parcel 2 occurring solely from Tract J. This condition shall not affect future access from a subsequent street extension. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. All lots will directly access a public or private street. CC &R's or plat notes will specify that the private streets be maintained at the required standards on a continuous basis. Required walkway location. On -site pedestrian walkways shall comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi - building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; Within all attached housing (except two- family dwellings) and multi - family developments, each residential dwelling shall be connected by walkway to the vehicular parking area, and common open space and recreation facilities; Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6 -inch vertical separation (curbed) or a minimum 3 -foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and /or signed as needed for safety purposes. Soft - surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. As this proposal is for a single - family development, this standard does not apply. NOTICE OF DECISION PAGE 16 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION "urb 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. The lots within this subdivision will be providing direct access to public or private streets that connect directly to public streets. The subdivision will obtain access through existing public streets, and the applicant will be required to improve SW Bull Mountain Road with standard 22 feet of pavement from centerline, along with a 6 foot wide sidewalk. Streets within the subdivision will be required to meet city design standards, except for those portions of streets where an adjustment has been granted (refer to previous discussion of adjustments). The Director has determined that Planning Commission review is not necessary for building permits. With regard to streets and street intersections, these issues are addressed under TDC Chapter 18.810 and through the AASHTO, Washington County and City's road design standards. Direct individual access to arterial or collector streets from single- family dwellings and duplex lots shall be discouraged. Direct access to collector or arterial streets shall be considered only if there is no practical alternative way to access the site. If direct access is permitted by the City, the applicant will be required to mitigate for any safety or neighborhood traffic management (NTM) impacts deemed applicable by the City Engineer. This may include, but will not be limited to, the construction of a vehicle turnaround on the site to eliminate the need or a vehicle to back out onto the roadway. The proposed streets within this development are all locally classified. No lots will be permitted to access SW Bull Mountain Road directly. It is anticipated that after development of this subdivision and development occurs in the urban growth boundary expansion areas to the south, SW 163" will function as a higher level of street, most likely as a neighborhood route. However, such designation has not been placed on 163` , and the Transportation System Plan does not identify the need for such a route in this location at this time. There are no additional restrictions for driveway placement on neighborhood routes. Therefore, no additional requirements shall be applied to SW 163' . 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. Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The roposed development plan shows primary access will be provided from SW Bull Mountain Road. Secondary access will be obtained through SW Pollard, SW Cooper, SW Bray, and SW Dekalb Streets. A Transportation Impact Analysis was submitted by Kittelson & Associates, Inc., dated November 19, 2003. The report concluded that the sight distance requirement can be met at the intersection of 163' and Bull Mountain Road. The pre construction plans indicate the visual clearance areas at each intersection can be met. The applicant's engineer shall provide post - street construction certification that sight distance is met at all new intersections. The applicant was also required to look at traffic impacts with regard to a left turn lane from westbound SW Bull Mountain Road traffic. The applicant's engineer has indicated that warrants were not met for a left -turn lane on SW Bull Mountain Road. Staff concurs with this finding. NOTICE OF DECISION PAGE 17 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION • Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in tl, 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. Bull Mountain Road is classified as a collector. Lots 119, 120, 121, 160, 161 and 162 are within 150 feet of the intersection of 163 /Bull Mountain Road. Lots 119 & 120 shall only have access onto Pollard Lane. The driveway for Lot 121 must be located at least 150 feet from Bull Mountain Road along 163 or take access from Pollard Lane. The driveways for Lots 160, 161 and 162 must be located as far south as possible along their frontage on 163". 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. No driveways are proposed along Bull Mountain Road, which is classified as a collector. Lots 119 and 120 shall have driveway access onto Pollard Lane, while Lot 162 shall have access onto 163` Avenue. The streets within this development are all local streets. The distances between the interior intersecting streets exceeds the minimum 125 foot spacing requirement. The Intersection of SW 163 on Bull Mountaip Road is approximately 600 feet from SW 161 to th€. east and approximately 325 feet from SW 164 to the west. This criterion is met. Minimum access requirements for residential use. Vehicular access and egress for single - family, duplex or attached single - family dwelling units on individual lots and multi - family residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2; The access and egress into the site itself is discussed later in this decision under the Street and Utility Improvements Standards section of this decision. Access to individual lots will be reviewed for compliance during the building permit phase. Vehicular access to multi - family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; No multi - family structures are proposed with this application. Therefore, this standard does not apply. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code; There are no residential access drives apart from typical driveways proposed with this project. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: • A circular, paved surface having a minimum turn radius measured from center P oint to outside edge of 35 feet; • A hammerhead - configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet;. • The maximum cross slope of a required turnaround is 5 %. There are two private streets (Tract J at 120 feet and Tract K at 152 feet) that terminate at the project NOTICE OF DECISION PAGE 18 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION houndaries. No turnaround has been shown for Tract K although it is proposed to be extended to 3rve two additional lots in a future subdivision. Nevertheless, a temporary turnaround shall be required to be either placed in a tract within the subdivision boundaries (possibly rendering a lot unbuildable until it is re- platted to eliminate this tract once no longer needed) or in a temporary easement on adjoining property with that owner's consent. Compliance with grade standards will be assured during the construction document review phase. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length; There are no private driveways that will exceed 200 feet in length. Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site. No driveways shall be permitted on SW Bull Mountain Road. Therefore, this standard is not applicable as there are no driveway approaches to arterial or collector streets. FINDING: Based on the analysis above, the Access, Egress and Circulation standards have not been satisfied. If the applicant complies with the conditions listed below, the standards will be met. CONDITIONS: • The construction documents shall show access to Parcel 2 occurring solely from Tract J. • Prior to approval of the final plat, the applicant shall submit CC &R's detailing the maintenance responsibilities for the private streets. • The final plat and construction plans shall indicate that all driveways on the west side of SW 163` within 150 feet of the intersection of SW Bull Mountain Road shall be placed as close as possible to the southern property line of each affected lot. Lots on the east side of SW 163 within this influence area shall be accessed from SW Pollard Lane. • The final plat and construction plans shall indicate that no direct vehicular access shall occur from SW Bull Mountain Road. • A temporary turnaround for Tract K shall be required to be either placed in a tract within the subdivision boundaries (possibly rendering a lot unbuildable until it is re- platted to eliminate this tract once no longer needed) or in a temporary easement on adjoining property with that owner's consent. Compliance with grade standards will be assured during the construction document review phase. • The applicant's engineer shall provide post- construction sight distance certification for the intersections of SW 163rd Avenue at Bull Mountain Road and at proposed Street "G ". Density Computations and Limitations (18.715): Chapter 18.715 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 area is the remaining parcel area after exclusion of sensitive lands and land dedicated for public roads or parks. The net area is then divided by the minimum lot size permitted by the zoning district to determine the number of dwelling units that may be developed on a site. Based on the formulas in Chapter 18.715 of the City of Tigard Community Development Code, the maximum and minimum number of units permitted on the site are based on the net developable area, NOTICE OF DECISION PAGE 19 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION subtracting sensitive land areas, land dedicated to public parks, land dedicated for public right- of -wa and land for private streets from the total site area. Of the total site area (355,545 square fees 85,855 square feet will be dedicated to public and private street right -of -way. In addition, 15,914 square feet is encumbered by wetland. The applicant did not include the wetland buffer area in their determination for density calculations. This represents an additional 24,467 square feet. The resulting net developable area is therefore, 229,309 square feet. Therefore, the maximum number of lots permitted on this site based on 5,000 square foot lots is 45, and the minimum number of lots is 36. The applicant's proposal to build 44 lots for single - family detached homes meets the maximum and minimum density requirements of the R -7 zone. FINDING: The applicant's proposal for 44 lots complies with the 45 lot maximum density and the 36 lot minimum density based on the net acreage of the site. Environmental performance standards (18.725): These standards require that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates: noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 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 property line. Department of Environmental Quality (DEQ) rules for visible emissions (340 -21 -015 and 340 -28 -070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is 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 any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340 -028 -090) apply. Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. This is a detached single - family project, which is permitted within the R -7 zone. There is nothing to indicate that these standards will not be met. However, ongoing maintenance to meet these standards shall be maintained and any violation of these standards will be addressed by the City of Tigards' Code Enforcement Officer. FINDING: The Environmental Performance standards are met. Exceptions to Development Standards (18.730): Section 18.730.020 (C states the limitations for building heights and flag lots. Limitations on the placement of residential structures on flag lots apply pply when any of the following exist: • A flag lot was created prior to April 15, 1985; • A flag lot is created after April 15, 1985 by an approved partition; or • A flag lot is created by the approval of a subdivision and the flag lot is located on the NOTICE OF DECISION PAGE 20 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION periphery of the subdivision so that the lot adjoins other residentially -zoned land. While there are no flag lots in the subject application, one lot ( #139) is configured so that the front and rear yard setbacks would be on the east and west property lines, leaving a 34 foot wide building pad. The applicant may choose to reconfigure this lot (by shortening Tract J, and extending a flag pole to meet it) so that the lot would be considered a flag lot. Flag lots are able to determine front and rear yards, provided a 10 foot side yard is maintained. If this is not changed prior to final plat recording, the front yard for Lot 139 shall be the west property line. The maximum height for an attached or detached single - family, duplex, or multiple - family residential structure on a flag lot or a lot having sole access from an accessway, private drive or easement is 1 -1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2 -1/2 stories or 35 feet, whichever is less, provided: • The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning district; • A 10 -foot side yard will be preserved; • A residential structure on any abutting lot either is located 50 feet or more from the nearest point of the subject dwelling, or the residential structure exceeds 1 -1/2 stories or 25 feet in height on any abutting lot; and • Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot unless the proposal includes an agreement to plant trees capable of mitigating direct views, or that such trees exist and will be preserved. Where an agreement is made to plant trees capable of mitigating direct views, the agreement shall be deemed a condition of approval under the provisions of Section 18.390.030 D. The tree planting agreement shall be a condition of Chapter 18.360, Site Development Review, for three or more attached units or a multiple - family residential structure, or, at the time of issuance of building permits, for single detached units, one duplex or two attached residential snits. This will be required as a condition of this approval. Section 18.730.030 states the requirements for Zero Lot Line Setback Standards The provisions of this chapter apply to the R-4.5 and R -7 zoning districts and are limited to single- family detached dwelling units. The provisions of this chapter shall be applied in conjunction with: • An application for planned development approval under the provisions of Chapter 18.350, Planned Development; • An application for subdivision approval under the provisions of Chapter 18.430, Subdivision; or • An application for partitioning approval under the provisions of Chapter 18.420, Partition. No proposal for zero lot line setbacks has been proposed, these standards are therefore inapplicable. FINDING: The requirements for flag lots may apply to Lot #139 within the subdivision. CONDITIONS: • Prior to final plat approval, the applicant shall either reconfigure Lot #139 so that it meets the definition of flag lots in which case the requirements for flag lots shall appy to this lot, OR make no change to the lot with the understanding that the front yard is determined to be the west property line. • If lot #139 is reconfigured, Prior to issuance of building permits for structures on Lot #139, the applicant's plans shall reflect that the maximum height for the residential structure is 1 -1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2 -1/2 stories or 35 feet, whichever is less, provided: A. The proposed dwelling otherwise complies with the applicable dimensional NOTICE OF DECISION PAGE 21 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION requirements of the zoning district; B. A 10 -foot setback will be preserved along the side yard abutting tl periphery of the subdivision; C. A residential structure on any abutting lot outside the subdivision either is located 50 feet or more from the nearest point of the subject dwelling, or the residential structure exceeds 1 -1/2 stories or 25 feet in height on any abutting lot; and D. Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot outside the subdivision unless the proposal includes an agreement to plant trees capable of mitigating direct views, or that such trees exist and will be preserved. Landscaping and Screening (18.745): Chapter 18.745 contains landscaping provisions for new development. Section 18.745.100 requires that street trees be planted in conjunction with all development that fronts a street or driveway more than 100 feet long. A proposed planting list must be submitted for review by the Director since certain trees can damage utilities, streets and sidewalks or cause personal injury. Section 18.745.030.E states that existing vegetation on a site shall be protected as much as possible (for example, areas not to be disturbed can be fenced as in snow fencing which can be around individual trees). The applicant has shown graphical representation of street trees but in the legend they are called out as "Existing Street Lights ". The graphical representation of trees is acceptable for general placement, but final placement will be per the spacing standards of Section 18.745.040 and the final street tree variety as approved by the City Forester. Section 18.745.040.0 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) shal . 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; A final street tree plan shall include trees spaced per the above standards. Section 18.745.050 contains the provisions and requirements for buffering and screening. The Buffering and Screening Matrix (Section 18.745.1) does not require buffering or screening when a single - family detached residential use is proposed adjacent to existing detached single - family dwellings. The Meyers Farm No. 2 subdivision is surrounded by detached single - family homes and undeveloped parcels with R -7 zoning. Therefore, this section does not apply. Section 18.745.060 contains the provisions for re- vegetation where natural vegetation has been removed through grading. Such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. The applicant will be required by these standards and CWS' standards to replant disturbed areas. A condition will be imposed to ensure that this occurs. FINDING: Based on the analysis above, the applicant's street tree plan requires minor changes. The applicant has not provided an erosion control plan. If the applicant complies with the conditions listed below, the standards will be met. CONDITIONS: Submit a revised street utility plan that shows the location, species, and size (minimum 2 -inch caliper) of required street trees along the public and private streets per the City's spacing standards of Section 18.745.040(C). Selection of the tree species will be in accordance with the City Street Tree list and the City Forester's NOTICE OF DECISION PAGE 22 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION • recommendations. Submit an erosion control plan that identifies areas for re- vegetation, topsoil storage areas, methods of replanting and topsoil restoration in accordance with Section 18.745.060. Off - Street Parking and Loading Requirements 518.765): Chapter 18.765, Table 18.765.2 requires that single- family residences be provided with one (1) off - street parking space for each dwelling unit. Compliance with this standard will be enforced during the building permit review process. Since the Code requires 20 feet from the property line to the face of a garage, this will insure that at least one car can park off of the street, outside of any garage. FINDING: Because each individual home will be reviewed for compliance with this standard during the building permit phase and it is feasible that this standard will be met by providing driveways and garages, this standard has been satisfied. Sensitive Lands (18.775) The development site includes an area of wetlands. These wetlands do not appear on the City's Comprehensive Plan Map of Wetland Areas, and are therefore regulated as follows: Jurisdictional wetlands. Landform alterations or developments which are only within wetland areas that meet the jurisdictional requirements and permit criteria of the U.S. Army Corps of Engineers, Division of State Lands, CWS, and/or other federal, state, or regional agencies, and are not designated as significant wetlands on the City of Tigard Wetland and Streams Corridors Map, do not require a sensitive lands permit. The City shall require that all necessary permits from other agencies are obtained. All other applicable City requirements must be satisfied, including sensitive land permits for areas within the 100 -year floodplain, ,lopes of 25% or greater or unstable ground, drainageways, and wetlands which are not under state or federal jurisdiction. The wetlands within this site do not appear as significant wetlands on the City's map, but may be regulated by CWS and state agencies. A condition of approval will be imposed requiring the necessary permits from Army Corps, Division of State Lands, and CWS be obtained. FINDING: It shall be noted that the proposed conveyance of separate Tracts within the Wetland Buffer seem to conflict with CWS Design and Construction Standards. Staff recommends that this area be consolidated into a single tract to facilitate a comprehensive management strategy, versus the piecemeal maintenance that will occur under separate ownerships. CONDITION: Prior to final plat approval, tracts A -H, I, and L shall be consolidated into a single tract. Signs (18.780): Chapter 18.780 regulates the placement, number and design criteria for signage. No signs are proposed in conjunction with this development. The applicant has indicated that they will apply for sign permits to erect subdivision entry signs as authorized in Section 18.780.130(A)(3). Any future signage will be subject to the sign permit requirements in Chapter 18.780. There has been a proliferation of sign violations from new subdivisions. In accordance with a new policy adopted by the Director's Designee, all new subdivisions must enter into a sign compliance agreement to facilitate a more expeditious court process for citations. FINDING: To expedite enforcement of sign violations, a sign compliance agreement will be required. CONDITION: Prior to the issuance of building permits, the developer shall sign a copy of the City's sign compliance agreement. Tree Removal (18.790): NOTICE OF DECISION PAGE 23 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION Chapter 18.790.030 requires the submittal of a tree plan that identifies the location size anr' species of all trees on the site, a program to save existing trees over 12 -inch diameter breast height (dbh) or mitigate for their removal, identification of trees to be removed, and a protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The applicant has submitted a tree inventory prepared by a certified arborist (Robert Manzany). The tree inventory indicates that there are 49 total trees on -site greater than 12 inches in diameter, and of those, 31 are subject to the mitigation requirements (i.e. not dead, dying, diseased, or dangerous). Of those 31, 20 are proposed for removal, or approximately 65 %. However, the Bull Mountain Community Plan requires that no more than 50% of the trees at time of development may be removed. The applicant will need to revise the tree removal plan to retain at a minimum, an additional 5 trees. Since no more than 50% of the trees may be removed, the mitigation will require that 1/2 of the caliper inches of the trees being removed will be required to be replanted. Since the final removal plan will require revision, final calculation of the mitigation will be dependant on the final tree removal and protection plan. The applicant may opt to plant the mitigation on -site (preferred), off site with the property owner's permission, or pay a fee in -lieu of replanting, currently assessed at $125 per caliper inch. The Bull Mountain Community Plan requires all mitigation trees to be a minimum of 1 inches in diameter. The actual amount of mitigation will depend on what occurs in the field, and may be adjusted up or down depending on whether additional trees are preserved or removed through the construction process; but in no case shall the number of trees retained be allowed to drop below 50 %, without constituting a violation of the tree ordinance and this decision. The City Forester has reviewed the applicant's protection plan and provides the following comments: "As required, the applicant submitted a tree plan that was conducted by Robert Mazany. The plan contains three out of the four required components of a tree plan, and, is therefore, unacceptable. The tree plan does not outline how the trees that will remain onsite will be protected. The submitted - plans indicate that there are numerous trees that will be preserved on various lots throughout the development, but no indication is given as to how they will be protected during development. The plans should show where the tree protection fencing will be located in relation to the building footprints. It is difficult to determine if any construction will occur within the trees' driplines. If construction does occur within the driplines, the Project Arborist must explain or set guidelines for how the tree roots will be protected." Below are the City Forester's tree protection plan guidelines: TREE PROTECTION PLAN REQUIREMENTS The full text of these following requirements shall be placed on the tree protection plan Any tree that will not be removed onsite that is within the limits of disturbance of this project must be protected. Any tree that is located on property adjacent to the construction project that will have more than 15% of its root system disturbed by construction activities shall also be protected. Prior to construction, a Tree Protection Plan, conforming to the International Society of Arboriculture (ISA) guidelines, shall be submitted with the proposed construction drawings for review and approval by the City Forester. This plan shall include the existing and proposed grading contours and a composite utility plan to ensure minimization of utility lines and street improvements within the specified tree protection zone (TPZ). All tree protection devices, along with their details and specifications, shall be shown on the Tree Protection Plan and shall show, to scale, exactly how far the tree protection fencing will be from the face of each protected tree. This plan shall also include the proposed building footprints shown in relation to the trees being reserved. These footprints represent the maximum limits of disturbance for home construction and are binding upon the applicant and future owners of lots within the subdivision. If construction is to occur within the trees' driplines, the applicant, through their Project Arborist, shall justify the close proximity of the construction activities to the trees. He shall certify that the activities will not adversely impact the overall and long -term health and stability of each tree. Any construction that occurs within the neighboring trees' driplines should be justified by the applicant and approved by the City Forester. The applicant shall note that damage inflicted upon neighboring trees may be subject to private civil action by the adjoining property owner. Prior to any site work, tree protection measures NOTICE OF DECISION PAGE 24 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION must be installed around all trees to be retained. Once installed, the City Forester must inspect the tree otection measures. Work may proceed on the site only after the City Forester has approved the placement of the tree protection measures. Prior to site work, the applicant shall submit a detailed construction schedule to the City Forester with notations as to when tree protection devices will be either installed or removed throughout construction of the project. A note shall be placed on the final set of plans indicating that equipment, vehicles, machinery, grading, dumping, storage, burial of debris, or any other construction- related activities shall not be located inside of any tree protection zone or outside of the limits of disturbance where other trees are being protected. All tree protection devices shall be: • Visible. • Constructed of 11 Gauge steel chain -link fencing supported on at least 2" O.D. steel posts. Each post shall be no less than four feet high from the top of grade. Each post shall be driven into the ground to a depth of no less than two and a half feet below grade. Each post shall be spaced no further apart than four feet. • Between each post, securely attached to the chain -link fencing, shall be a sign indicating that the area behind the fencing is protected and no construction activity, including material storage, may occur behind the fencing. • Inspected and approved in the field by the project arborist and City Forester prior to clearing, grading, or the beginning of construction. • Remain in place and maintained until all construction is completed and a final inspection is conducted. To determine the size of the tree protection zone (TPZ) the project arborist shall follow one or more of he guidelines listed below: • For individual trees follow the trunk diameter method. For every one -inch of diameter at breast height (DBH), or 4 % feet above the ground, allow 12 inches of space from the trunk of the tree. For example, a tree that is 15" at DBH must have at least 15' of tree protection zone around the entire canopy of the tree. • For groups of trees the tree protection zone must be outside of the drip line of the trees on the edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the trunk diameter method or the drip line method, whichever is greater. • Calculate and follow the Optimal Tree Protection Zone calculation as shown in `Trees and Development: A Technical Guide to Preservation of Trees During Land Development" by Nelda Matheny and James R. Clark. • The project arborist may propose an alternate method for the establishment of the TPZ, provided the effort is coordinated with the City Forester. If it is necessary to enter the tree protection zone at any time with equipment (trucks, bulldozers, etc.) the project arborist and City Forester must be notified before any entry occurs. Before entering the TPZ, the project arborist and City Forester shall determine the method by which entry can occur, along with any additional tree protection measures. The Project Arborist shall submit written reports to the City Forester, at least, once every two weeks, as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall certify that the construction activities to the trees did not adversely impact the overall and long- term health and stability of the tree(s). If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being followed by the contractor, the City will stop work on the project until an inspection can be done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection fencing, determine if the fencing was moved at any point during construction, and determine if any part of the Tree Protection Plan has been violated. If a violation has occurred, one or more of the following penalties will be pursued through the infraction process. NOTICE OF DECISION PAGE 25 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION Notwithstanding any other provision of this title, any party found to be in violation of this chapter pursues to Chapter 1.16 of the Tigard Municipal Code shall be subject to a civil penalty of up to $500 and shall be required to remedy any damage caused by the violation. Such remediation shall include, but not be limited to, the following: A. Replacement of unlawfully removed or damaged trees in accordance with Section 18.790.060 (D) of the Tigard Development Code; and B. Payment of an additional civil penalty representing the estimated value of any unlawfully removed or damaged tree, as determined using the most current International Society of Arboriculture's Guide for Plant Appraisal. Prior to issuance of building permits, the Project Arborist shall submit a final certification indicating the elements of the Tree Protection Plan were followed and that all remaining trees on the site are healthy, stable and viable in their modified growing environment. FINDING: The applicant's tree protection plan is inadequate. Section 18.790.040 states that any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. The applicant will be required as a condition of approval to record a deed restriction limiting the removal of trees that are retained on the project site following completion of the subdivision improvements, in accordance with this standard. FINDING: Based on the analysis above, the Tree Removal standards are not presently met but the proposal can be made to comply, by the imposition of the following conditions: CONDITIONS: • Prior to any site work the applicant shall revise their tree removal plan so that a minimum of 50% of the mature non - hazardous trees on site are preserved. • Prior to any site work, the applicant shall submit a final Tree Protection Plan that follows the recommendations of the City Forester, as outlined under the discussion of Chapter 18.790, Tree Removal, in this decision. • Prior to issuance of building permits the Project Arborist shall submit to the City Forester a final report describing how the Tree Protection Plan was implemented and detailing any failures to comply with the Tree Protection Plan. The report shall also describe the health of all remaining trees on the site, with details provided as to any tree that has had its root system disturbed or that has otherwise been damaged. • Prior to any final plat approval, the applicant shall submit a tree mitigation plan and /or program for the trees that will require removal for the improvements and to site the future houses. If roposing to replant, the applicant shall submit a bond for the value of the trees assessed at assessed per caliper inch. The bond shall be returned to the applicant upon completion of the replanting. If the replanting has not been completed by the final inspection on the last lot, the City may collect the bond. If paying the fee in -lieu, such payment shall occur prior to final plat approval. 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 NOTICE OF DECISION PAGE 26 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION ""ehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction tceeding three feet in height. The applicant has indicated the vision clearance areas on the street/utility plan and has not proposed any structures (including retaining walls) or vegetation in the vision clearance areas. Construction plans for the streets will need to be reviewed and approved that satisfy the visual clearance requirements. Subsequent grading and vegetative removal may be imposed during infrastructure construction to assure that this standard is met. FINDING: Because no structures are currently proposed in the vision clearance area and all future buildings will be reviewed for compliance during the building permit phase, this standard has been satisfied. The applicant has additionally been conditioned to provide a post construction sight distance certification for SW !63 and SW Bull Mountain Road, previously in this decision. C — STREET AND UTILITY IMPROVEMENTS STANDARDS (SECTION 18.810): Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities 'and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a iortion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights -of -Way and Street Widths: Section 18.810.030(E) requires a minor collector street to have a 60 -foot right -of -way width and a 40 -foot paved section. Other improvements required may include on- street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Bull Mountain Road, which is classified as a collector street with bike lanes on the City of Tigard Transportation Plan Map. At present, there is approximately 30 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant shall dedicate additional ROW to provide for 35 feet from centerline to the south. SW Bull Mountain Road is currently partially improved. In order to mitigate the impact from this development, the applicant shall construct half- street improvements including curb, sidewalk, planter strip and storm sewer. The paved section shall be 23 feet from centerline. The applicant has asked for an adjustment to the ROW width on 163 Avenue from 54 feet to 46 feet. The applicant is proposing to provide 32 feet of paving and curb -tight sidewalks. The main argument for this adjustment is that there have been recent changes in the wetland buffer widths. Staff concurs with this argument for the section of SW 163' Avenue than is impacted by the wetland buffer area. Therefore, the adjustment can be made to the ROW of 1�3� Avenue, from Bull Mountain Road to the north side of SW Bray Lane. The ROW section for 163 Avenue, from Bray Lane to the south, shall be 54 feet wide. This will provide for a 32 foot paved section, 5 foot sidewalks and planter strips. Alternatively, the standard for a local street can be reduced based on vehicles per day. The reduced sections provide for planter strips, while reducing the paved section and on- street parking. The applicant has also requested an adjustment to the planter strip requirement. One of the exceptions is where curbside sidewalks already exist on predominant portions of the street. Curbside sidewalk exists on SW Dekalb Street, Bray Lane, Cooper Lane and Pollard Lane as part of the original Meyers Farm Development. Staff has agreed that the extension of these curbside sidewalks will be allowed up to the east side of SW 163 Avenue. The planter strip will be required along NOTICE OF DECISION PAGE 27 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION Dekalb, west of 163 Avenue. The section of 163 Avenue south of Bray Lane will also be requirer' - to have planter strips. 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. Sheet 1 of the applicant's plans shows a theoretical circulation plan with the future development to the west (Volpe property), Tract 2 to the south and existin g development to the east (Meyers Farm). The plan set also includes the anticipated future rades of the offsite streets if the land were to develop as g r shown on Sheet 1. The applicant has applied for an adjustment to the street grade standard for Dekalb Street because the grade of 15% exceeds the allowed maximum distance of 250 feet. Based on the information above and the review by Staff, the future street plan is reasonable and meets this criterion. Cul -de -sacs: 18.810.030.K states that a cul -de -sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: • All cul -de -sacs shall terminate with a turnaround. Use of turnaround configurations othe than circular, shall be approved by the City Engineer; and • The length of the cul-de -sac shall be measured along the centerline of the roadway from the near side of the intersecting street to the farthest point of the cul -de -sac. • If a cul -de -sac is more than 300 feet Ion9, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the City. There are no proposed cul -de -sacs in this proposal. Street Alignment and Connections: Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre - existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. The applicant has provided a proposed street layout, including future streets that meet this criterion. Section 18.810.030(H)(3) requires proposed street or street extensions to provide direct access to existing or planned transit stops, commercial services, and other neighborhood facilities, NOTICE OF DECISION PAGE 28 OF 42 SUB2003-00014 — MEYERS FARM SUBDIVISION - uch as schools, shopping areas, and parks. fhere are no existing or planned transit stops, commercial services, and other neighborhood facilities, such as schools, shopping areas, and parks adjacent or near this site that require street extensions. The applicant has stubbed a street (SW 163') to the south property boundary for future extension through Tract 2 and further south to the urban growth expansion area. Grades and Curves: Section 18.810.030.M 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), and: 1. Centerline radii of curves shall not be Tess than 700 feet on arterials, 500 feet on major collectors, 350 feet on minor collectors, or 100 feet on other streets; and 2. Streets intersecting with a minor collector or greater functional classification street, or streets intended to be posted with a stop sign or signalization, shall provide a landing averaging five percent or less. Landings are that portion of the street within 20 feet of the edge of the intersecting street at full improvement. The applicant has asked for the following adjustments: 1) SW Dekalb exceeds the 15% grade standard (proposed grade varies from 16% - 20 %); 2) SW Cooper Lane exceeds 12% grade for longer than 250 feet (approximately 275 feet). The applicant has stated that existing topography and intersection design requirements necessitate the steeper grades, but that the design will not be detrimental or injurious. Staff concurs with this request for the adjustments to street grades. Access to Arterials and Major Collectors: Section 18.810.030.P 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 ,hall minimize the traffic conflicts. The design shall include any of the following: • A parallel access street along the arterial or major collector; • Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; • Screen planting at the rear or side property line to be contained in a nonaccess 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. Bull Mountain Road is classified as a collector. There will not be any driveway located directly on Bull Mountain Road. The driveways for Tots 160 -162 shall be located on 163 Avenue, as far south from Bull Mountain Road as possible. Driveways for lots 119„120 & 121 shall be placed on Pollard Lane, although the driveway for lot 121 can be placed on 163 Avenue if it is more than 150 feet south of the south ROW line of Bull Mountain Road. Private Streets: Section 18.810.030.S states that design standards for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi - family residential developments. Tract J will be a private street to lots 139, 140, 141 and future lots on Tract 2. Tract K will provide a private street to lots 150, 151, 152 & 153. The applicant's plan indicates that Tract K will be extended In the future to serve 2 lots to the west (designated lots 183 & 184). Private streets can serve no more than 6 lots; therefore the driveways for lots 149 & 154 must be located on SW 163 Avenue, as indicated on the applicant's Composite Utility Plan, Sheet 4 of 8. The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC &R's) along with the final plat that will clarify how NOTICE OF DECISION PAGE 29 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION the private property owners are to maintain the private street(s). These CC &R's shall be reviewer' and approved by the City prior to approval of the final plat. The City's public improvement desi standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. Section 18.810.030.T limits the number of units served by a private street to six. By requiring lots 149 and 154 to access SW 163 rather than Bray Lane, this standard will be met. FINDING: The requirements for streets have not been met. CONDITIONS: The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC &R's) along with the final plat that will clarify how the private property owners are to maintain the private street(s). These CC &R's shall be reviewed and approved by the City pnor to approval of the final plat. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a half - street improvement along the frontage of SW Bull Mountain Road. The improvements adjacent to this site shall include: A. City standard pavement section for a collector street from curb to centerline equal to 23 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete 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. 6 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; underground utilities; J. street signs (if applicable); K. driveway apron Of applicable); and L. adjustments in vertical and /or horizontal alignment to construct SW Bull Mountain Road in a safe manner, as approved by the Engineering Department. The applicant's Public Facility Improvement permit construction drawings shall indicate that full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street trees, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. Lots 149 and 154 shall not be permitted to access SW Bray Lane. Lots 119, 120 & 162 shall not be permitted to access directly onto SW Bull Mountain Road. Lot 120 shall not be permitted to access directly onto 163 Avenue. Lot 121 shall not be permitted an access on 163 Avenue that is within 150 feet of the new south ROW line of Bull Mountain Road. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street(s) shall meet the City's public street standard for a local residential street. Additional right -of -way shall be dedicated to the Public along the frontage of Bull Mountain Road to increase the right -of -way to 35 feet from the centerline. The description shall be tied to the existing right -of -way centerline. The dedication shall be on the final plat. NOTICE OF DECISION PAGE 30 OF 42 SUB2003 -00014 — MEYERS FARM SUBDIVISION The final plat shall show the ROW width for 163 Avenue to be 46 feet for the portion between Bull Mountain Road and Bray Lane. The final plat shall show the ROW width fir 163` Avenue to be 54 feet for the portion between Bray Lane and the southern terminus of 163 Avenue. The plat shall contain a restriction against access onto Bull Mountain Road from the subdivision lots. The plat shall contain a restriction against access from Lot 120 directly onto 163 Avenue. The plat shall contain a restriction against an access from Lot 121 directly onto 163 Avenue within 150 feet from the new south ROW line of Bull Mountain Road. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street(s) will be jointly owned and maintained by the private property owners who abut and take access from it (them). Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC &R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC &R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street(s). The applicant shall submit a copy of the CC &R's to _ the Engineering Department (Kim McMillan) prior to approval of the final plat. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be Jesigned 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. 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 not possible. The applicant's plans meet the required block length in all situations. Future extension of streets may not meet the block length standard; however, full compliance is prevented by topographic and natural resource constraints. This will be reviewed as part of a future subdivision request. For the purposes of this subdivision, this standard is met. FINDING: The standards for blocks have been met. 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. There is only one lot ( #139) within the subdivision that is greater than 7,500 square feet, 1.5 times the minimum lot size. The width of this lot is 115 feet, while the depth is 64 feet. If reoriented as recommended previously in this decision, the width would be 64 feet with a depth of 115 feet or 1.8 times the width. NOTICE OF DECISION PAGE 31 OF 42 SUB2003 -00014 — MEYERS FARM SUBDIVISION Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on publi' or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies which requires a parcel to either have a minimum 15 -foot frontage or a minimum 15 -foot wide recorded access easement. In cases where the lot is for an attached single - family dwelling unit, the frontage shall be at least 15 feet. All Tots within the proposed subdivision have 25 feet of public or private street frontage. FINDING: The standards for lots have been 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. Tracts J & K shall have a 5 foot sidewalk in a 5 foot easement on one side. The applicant has shown sidewalks on both sides of all public streets. The planter strips were discussed above in Section 18.810.030. Section 18.810.070.B requires as part of any development proposal, or change in use resulting in an additional 1,000 vehicle trips or more per day, an applicant shall be required to identify direct, safe (1.25 x the straight line distance) pedestrian routes within 1/2 mile (2,640 feet) of their site to all transit facilities and Neighborhood Activity Centers (schools, parks, libraries, etc.). In addition, the developer may be required to participate in the removal of any gaps in the pedestrian system off -site if justified by the development. If there is an existing sidewalk, on the same side of the street as the development, within 300 feet of a development site in either direction, the sidewalk shall be extended from the site to meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). There are no neighborhood activity centers within 1 /2 mile of the site. The site abuts SW Bul' Mountain Road which presently has sidewalks to the east (Meyers Farm No. 1) but lacks sidewalks tc. the west up to the edge of the Urban Growth Boundary. A forthcoming development application for Meyers Farm No. 3 will be responsible for these street improvements, and additional right -of -way dedication. Since additional right -of -way is necessary to place the sidewalks in their ultimate alignment, staff finds that it is not prudent to require the off -site sidewalks with this development. Planter strip requirements. A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: there is inadequate right -of -way; the curbside sidewalks already exist on predominant ( portions of the street; it would conflict with the utilities, there are significant natural features large trees, water features, etc) that would be destroyed if the sidewalk were located as required, or where there are existing structures in close proximity to the street (15 feet or less)Additional consideration for exempting the planter strip requirement may be given on a case by case basis if a property abuts more than one street frontage. As discussed previously in the adjustments section, planter strips were not required for several streets in the proposed but are required for SW 163 south of Bray Lane, and SW Dekalb, west of SW 163 FINDING: The applicant's proposed private streets lack sidewalks and portions of planter strips. CONDITION:. The construction drawings shall indicate curbside sidewalks on Dekalb Street, Bray Lane, Cooper Lane and Pollard Lane from the east property line to the east side of 163' Avenue. The construction drawings shall indicate sidewalks with planter strips on Dekalb Street, west of 163 Avenue. The construction drawings shall indicate that both private streets (Tracts J & K) will have a 5 foot sidewalk along one side. NOTICE OF DECISION PAGE 32 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION The construction drawings shall indicate curbside sidewalks on 163` Avenue, from Bull Mountain Road to the north side of Bray_lane. The drawings shall also indicate that there will be sidewalk§ with planter strips along 16 Avenue, south of Bray Lane to the southern terminus of 163 Avenue. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over - sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. This site is within Clean Water Services (CWS) service area. The applicant's sewer plan must be reviewed and approved by that agency. The applicant's Composite Utility Plan indicates that public sewer will be extended to serve the site. Easements must be provided on the plat for all sewer lines that will be constructed outside the proposed ROW. Easements must also be provided for sewer line that will be constructed off site. The plan also indicates a portion of existing sewer line to be abandoned. This line must be removed and disposed of according to current standards. Any public sewer lines that are installed outside of paved roadway areas shall be built with ductile iron or PVC C -900 pipe. Prior to construction, the public sewer system design must be reviewed and approved first by Clean Water Services and then by the City of Tigard. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 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 the Unified Sewerage Agency, now Clean Water Services, in 2000 and including any future revisions or amendments). The upstream drainage is collected by a storm sewer system in Meyers Farm (Phase 1). The storm system constructed with the Meyers Farm project will be extended to serve this development. The storm system will continue to the west across the Volpe property, terminating at a water quality facility before discharging to the wetlands. Easements will be required for the public storm sewer system constructed in Tract K and on the Volpe property. The public storm sewer system design, including water quality treatment, must be reviewed and approved by CWS and then by the City of Tigard. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage agency in 2000 and including any future revisions or amendments). NOTICE OF DECISION PAGE 33 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted th' Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation th, local governments institute a stormwater detention /effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25 -year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The subject site is in the Summer Creek watershed. The applicant has not proposed to provide detention and shall submit approvals from CWS for the storm sewer system design. It is anticipated that the City will eventually maintain the sewer and storm lines in this area. Because of this, the City will also require this applicant to construct any public storm drain main lines, outside of a paved area, with either PVC C -900 or ductile iron pipe material. FINDING: The standards for storm drainage are met and will be confirmed though the construction document review. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian /bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right -of -way. Bull Mountain Road is designated as a bicycle facility. Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. It would not be practical to require the developer to stripe the bike lane at this time. However, it woudk. be appropriate for the applicant to contribute funds to the City to cover the cost of the bike lane striping. The amount of the striping would be as follows: • 320 feet of 8 -inch white stripe, at $2.50/If $800.00 • 8 Mono - directional reflective markers @ $4.00 /ea $32.00 • 1 Bike lane legends @ $175/ea $175.00 • 1 Directional mini - arrows © $100 /ea $100.00 $1107.00 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 future bike lane will be 6 feet wide, which is the standard for a Collector. FINDING: The requirements for bike lanes are not met. CONDITION: Prior to final plat approval, the applicant shall pay funds toward the cost of bike lane striping. 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; NOTICE OF DECISION PAGE 34 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION • The City reserves the right to approve location of all surface mounted facilities; All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under - Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in -lieu of under - grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under - grounding the utilities outweighs the benefit of under - grounding in conjunction with the development. The determination shall be on a case -by -case basis. The most common, but not the only, such situation is a short frontage development for which under - grounding would result in the placement of additional poles, rather than the removal of above - ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right -of -way from the applicant's property shall pay a fee in -lieu of under - grounding. There are existing overhead utility lines along the frontage of SW Bull Mountain Road. 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 352.7 lineal feet; therefore the fee would be $ 12,344.50. It remains the burden of the applicant to demonstrate that physical undergrounding is not practicable. It is the expectation that the applicant will underground these overhead utilities, as was done in Meyers Farm No. 1. FINDING: The applicant is responsible for undergrounding overhead utilities. CONDITION: Prior to final plat approval the applicant shall either physically underground the overhead utilities or demonstrate that such undergrounding is infeasible. If the City Engineer concurs that it is infeasible, then a payment in -lieu of $12,344.50 will be required. ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study Findings: A Transportation Impact Analysis was prepared for this project by Kittelson & Associates, Ir�c., dated November 19, 2003. The study found: 1) The intersection of Bull Mountain Road and 164 Avenue operates at acceptable levels of service under year 2003 existing conditions during the weekday a.m. and p.m. peak periods; 2) The intersection was also forecast to operate at acceptable levels under year 2004 background traffic conditions during the weekday a.m. and p.m. peak periods; 3)The proposed single - family development is estimated to generate approximately 490 new daily trips, with 40 new trips occurring during the weekday a.m. peak hour and 50 new trips occurring during the weekday p.m. peak hour; 4) Sight distance was found to be adequate at the study intersections and internal site intersection; 5) Left- and right -turn lane warrants are not met at the future SW Bull Mountain Road /SW 163 Avenue intersection. Public Water System: I he subject site is within the 550 -foot service zone. The first phase of Meyers Farm extended water lines from the east that are available for extension into this phase. In addition, the Water System Plan Map (Water Distribution System Hydraulic Study, 2000) calls for a 16 -inch transmission line to be extended through this area in order to ensure adequate ultimate pressures in the 550 -foot zone. Part of this transmission line was constructed with the Tuscany subdivision development to the north. The line will ultimately be extended between Tuscany and Bull Mountain Road via SW 164 Avenue. The transmission line needs to be extended to the south boundary of this development, where it will turn east and eventually be extended south and east through Urban Reserve Area No. 48. No portions of the 16 -inch transmission line have been constructed in the vicinity of this site. Staff recommends the 16 -inch ling be extended as a part of the Meyers Farm No. 2 development along the proposed route of SW 163` Avenue. The line should extend from the existing 8 -inch water line in NOTICE OF DECISION PAGE 35 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION • Bull Mountain Road and terminate at the south terminus of SW 163 Avenue. The developer shout coordinate with the City to ensure that this transmission line be installed with the development. Because the development itself can be served by a 12 -inch water main, as shown on the utility plan, the City will cover the difference in cost between the installation of a 12 -inch water line and a 16-inch line. The developer will be required to show that they have competitively bid the transmission main line work. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00 -7) which require the construction of on -site water quality facilities. The facilities shall be designed to remove 65 ercent 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 and approved by the City prior to construction. The existing water quality facility that serves Meyers Farm (Phase 1) will be removed and replaced with the new facility proposed on the Volpe property. The applicant's submittal includes preliminary calculations showing that the swale will serve Meyers Farm, Meyers Farm No. 2 and the south portion of the Volpe property. Prior to the City accepting this facility as a public facility, the developer shall maintain it for a minimum of three years after construction is completed. The pond shall be placed in a tract and conveyed to the City on the final plat. The developer will be required to submit annual reports to the City whicl show what maintenance operations were conducted on the facility for that year. Once the three -yea. maintenance period is completed, the City will inspect the facility and make note of any problems that have arisen and require them to be resolved before the City will take over maintenance of the facility. In addition, the City will not take over maintenance of the facility unless 80 percent of the landscaping is established and healthy. If at any time during the maintenance period, the landscaping falls below the 80 percent level, the developer shall immediately reinstall all deficient planting at the next appropriate planting opportunity. CWS Design and Erosion Control: sign and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and /or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent Tots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. NOTICE OF DECISION PAGE 36 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION ne applicant will also be required to have their geotechnical engineer review the construction plans and sign all sheets that pertain to the project grading. They will also be required to have their geotechnical engineer sign the final as -built drawings of the site grading. The design engineer shall also indicate, on the grading plan, which Tots will have natural slopes between 10% and 20 %, as well as Tots that will have natural slopes in excess of 20 %. This information will be necessary in determining if special grading inspections and /or permits will be necessary when the lots develop. The applicant is required to obtain an NPDES permit for this project. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $ 50.00 per address shall be assessed. This fee shall be paid to the City prior to approval of the final plat. For this project, the addressing fee will be $2200.00 (44 Tots and /or tracts X $50 /address = $2200). Survey Requirements I he applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as -built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, 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 the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right -of -way dedication, or provide evidence that supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Section 18.390.050 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. Any required street improvements to certain collector or higher volume streets and the Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion /Dolan II /Resolution 95 -61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for a detached, single - family dwelling is $2,530. NOTICE OF DECISION PAGE 37 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION The internal streets within the subdivision are needed to allow the subdivision to develop and th need for these streets is created by the subdivision. Because the need for the internal streets created by the development, the impact of the development 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 required to pay TIF's totaling approximately $111,320 ($2,530 x 44 dwelling units). Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $347,875 ($111,320 divided by .32). The difference between the TIF paid and the full impact, is considered as unmitigated impact. Since the TIF paid is $111,320, the unmitigated impact can be valued at $236,555 ($347,875 - $111,320). The developer is required to improve SW Bull Mountain Road along the project frontage (353 feet @$200 per lineal foot= $70,600) and rovide funds for bike lane striping ($1107). The total value of these improvements is approximately $71,507. TOTAL VALUE OF IMPACT $347,875 LESS TIF PAID $111,320 LESS SW BULL MOUNTAIN IMPROVEMENTS 71,507 IMPACT VALUE REMAINING $165,048 Given that the value of these improvements is less than the value of the unmitigated transportation impacts, the exactions are proportionate. E. — WASHINGTON COUNTY BULL MOUNTAIN COMMUNITY PLAN I his area is within the City of Tigard's Urban Services Area. In 1997 the City of Tigard and Washington County entered into an agreement that Tigard would review all applications for development within the Urban Services Area. Washington County adopted the City's Development Code in this area and an Urban Planning Agreement was entered into. This Agreement indicated that the City would continue to review projects in "areas of special concern" as defined in the SW Bul' Mountain Community Plan (May 12, 1997 Urban Services Intergovernmental Agreement). This project site is not in any Areas of Special Concern or wildlife habitat designations. The following section addresses the other relevant portions of the Community Plan. Summit and Slopes - Design Elements: 1. The residential character of this subarea is to be protected. Improvement of roadways should be done in a manner which does not encourage excessive traffic. All roads planned for improvement or connection to SW Bull Mountain Road within the Planning area should be constructed as minor collectors or local streets following the topography generally and not directly aligned with other major roadways. The proposed development is a residential subdivision. Streets will be designed as local streets and will generally follow the topography on the site. Layout of streets is largely dictated by the city's connectivity standards, which require among other things, block lengths to not exceed 2,000 linear feet, and street connections to occur every 530 feet. Streets within the subdivision are typically extensions of the street pattern established in Meyers Farm No.1, with the exception of SW 1633 which runs perpendicular to SW Bull Mountain Road. This subdivision provides 6 stub connections to other subdivisions, present and future, to disperse traffic. 2. Hillside building techniques and foundation designs such as stilts, stepped foundations, etc. shall be used to minimize the alteration of existing slopes over 20 percent. Detailed site plans, elevations and sections shall be required showing all structures, foundations, and techniques proposed for hillside construction. These, as well as other site plan requirements for 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. There are no areas on the site that meet the criteria for steep slopes (defined as greater than 25% by the development code). Detailed site plans will be generated at the building permit stage for home construction. NOTICE OF DECISION PAGE 38 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION No grading, filling, clearing or excavation of any kind shall be initiated on steep slopes until a grading plan, as defined in the Community Development Code, is approved. Borrowing to obtain fill material shall be prohibited unless the material is obtained from a cut permitted under an approved grading plan, or imported from outside the hillside area. The final grading plan will show all proposed grading. Additionally as previously noted, there are no areas of steep slopes on the site. 4. Removal of natural vegetation shall be minimized, existing vegetation protected and destroyed vegetation replaced. This is required in order to conserve important natural areas, decrease the potential for erosion, decrease the amount of surface water runoff and help prevent earth movement in hazardous areas. A slope stabilization and revegetation plan, which includes a schedule for revegatation after areas have been cleared, shall be included with the required grading plan. Revegetation shall be completed before October 15 of the year of construction, or a temporary treatment shall be required sufficient to prevent erosion prior to the rainy season An erosion control /grading plan will be required to show revegetation methods in compliance with this standard. Vegetation will be rotected within the water resource area. Other areas of the site will require stripping to grade the lots for proper storm drainage. However, these areas will be reseeded and /or covered with mulch to prevent erosion. 5. Because trees are such an important natural and scenic resource on SW Bull Mountain, development in areas of standing trees shall be designed to minimize the number of trees to be cut. At the time of development, no more than fifty percent of the mature standing trees (six inch diameter or greater) shall be removed from any parcel. Development design and clearing for structures shall provide for maximum retention of old growth trees. Prior to development, the harvesting of forest tree species for their commercial value shall be in accord with the Oregon Forest Practices Act. The slope stabilization and revegetation plan shall indicate the mature tree planned for removal and describe the replacement programs. Replacement trees must be of at least 1 -inch diameter. This issue is addressed under the Tree Removal section of this decision. The City's tree removal standards require only review and mitigation of trees over 12 inches in caliper. The applicants tree removal submittal had indicated that greater than 50% of the healthy trees over 12 inches in diameter were to be removed. This issue is addressed previously under 18.790 (Tree Removal), above, and conditioned such that the applicant will need to revise the removal plan to meet the 50% threshold. 6. Streams, seasonal waterways and immediately adjacent riparian zones, as defined in the Community Development Code, shall be preserved in their natural condition including topography and vegetation. Where roads are required, bridges shall be preferred means of crossing streams and waterways rather than infill and piping or channelization of water flow. The wetland located in the northwest corner of the site is being preserved in open space areas (Tracts A, B, C, D, E, F, G, H, I, and L). As noted previously in this decision, this division of ownership of tracts complicates management and maintenance of the open space area. It additionally creates a perception of homeowners that they fully own and control these areas, irrespective of the conservation easement. Staff has observed numerous incidents where these areas, when not delineated in the field and marked by separate ownership are encroached upon with private yard landscaping and structures. The city is not interested in creating a situation that lends itself to hostile or controversial enforcement action. The development code authorizes staff to enact conditions of approval to mitigate for impacts generated by the development provided the condition is related to and proportionate with the level of anticipated impact. Therefore, it will be a requirement of this decision that the open space tracts be wholly consolidated into a single tract on the final plat and conveyed to the homeowners association. 7. Use of power line easements for farm operations, open space, and wildlife habitat shall be encouraged as appropriate in this subarea. There are no power line easements within the subject proposal area. This element is not applicable. NOTICE OF DECISION PAGE 39 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION 8. This Design element refers to Area of Special Concern 1, which is not within the projer` area. Therefore, this element does not apply. 9. This Design element refers to Area of Special Concern 2, which is not within the project area. Therefore, this element does not apply. 10. This Design element refers to Area of Special Concern 3, which is not within the project area. Therefore, this element does not apply. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Water Department has reviewed the proposal and submitted comments which have already been incorporated in the "Street and Utility Improvement" section above. The City of Tigard Forester has reviewed the proposal and submitted comments which have been incorporated into the "Tree Removal" section above. SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments: Tualatin Valley Fire & Rescue endorses this proposal predicated on the following criteria and conditions of approval: 1) Access roads 'shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, a measured along the fire apparatus access road, is greater than 150 feet. (UFC Sec. 902.2.1) The submitted plan provides adequate access to meet this standard. 2) Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround. Diagrams of approved turnarounds are available from the fire district. (UFC Sec. 902.2.2.4) The submitted plan meets this standard. 3) Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (15 feet for one or two dwelling units and out buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. (UFC Sec. 902.2.2.1) 4) The inside turning radius and outside turning radius shall be not less than 25 feet and 45 feet respectively, measured from the same center point. (UFC Sec. 902.2.2.3) — (See diagrams on back) 5) 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. UFC Sec. 902.2.4) Signs shall read "NO PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810 - 98.812" and shall be installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters and border on a white background. (UFC Sec. 901.4.5.1) 6) Private fire apparatus access roadway grades shall not exceed an average grade of 10 percent with a maximum grade of 15 percent for lengths of no more than 200 feet. Intersections and turnarounds shall be level (maximum 5%) with the exception of crowning for water run -off. Public streets shall have a maximum grade of 15 %. (UFC Sec. 902.2.2.6) When buildings are completely protected with an approved automatic fire sprinkler system, the requirements for fire apparatus access may be modified as approved by the Chief. NOTICE OF DECISION PAGE 40 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION • r e ) Fire hydrants for single family dwellings, duplexes and sub - divisions, shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an intersection as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2) 8) Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. (UFC Sec. 903.4.2.4) 9) 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. (UFC Sec. 901.4.3) 10) The minimum available fire flow for single family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) is(are) 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A- III -A -1. (UFC Appendix III -A, Sec. 5) 11) Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) Washington County has reviewed the proposal and provided findings related to traffic safety impacts. The report identified the following recommendations which are made part of this decision: 1. Provide adequate illumination at the proposed site access along SW Bull Mountain Road. Adequate illumination shall consist of at least one 200 watt high pressure sodium cobra head luminaire mounted at a minimum height of 20 feet on existing utility poles if available. The fixture shall have a medium semi cutoff type III distribution. The pole shall be within the area defined by the radius returns of the intersection. The fixture shall be oriented within 90 degrees to centerline of SW Bull Mountain Road. If no existing utility poles are available within the intersection area defined by the radius returns, the developer shall meet the requirements of the Department of Land Use and Transportation 1991 Roadway Illumination standards, latest revision. County Traffic Engineer may require Illumination in addition to the above stated minimums . Direct technical questions concerning this condition or the 1991 Roadway Illumination Standards to Robert Morast, County Traffic Engineer at (503) 846 -7955. 2. Provide adequate intersection sight distance to both directions along SW Bull Mountain Road at the proposed site access in accordance with the Washington County's Community Development Code. 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 APRIL 29, 2004 AND EFFECTIVE ON MAY 14, 2004 UNLESS AN APPEAL IS FILED. NOTICE OF DECISION PAGE 41 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION AAp eeal: The Director's Decision is final on the date that it is mailed. Any party with standing as provided i Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of th Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 13, 2004. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. April 29, 2004 PREPARED BY: Morgan Tracy DATE Associate Planner April 29, 2004 APPROVED B': Richari' : ewersdo ' DATE Planning Manager is \curpin \morgan \workspace \sub and pd \sub2003 -00009 (summit ridge) \sub2003 -00009 decision (v3).doc NOTICE OF DECISION PAGE 42 OF 42 SUB2003 -00014 - MEYERS FARM SUBDIVISION _ - irt_r_...> ✓ GEOGRAPHIC INFORMATION SYSTEM CITY of TIGARD • — S , - US - • /' 4 i R � sti �r \✓ VICINITY MAP _.-- 0* -N.,,,, SW COLONY PL AL #i),0 -- •� SW CO L ON P -_ C ,. _ � SUB2003 -00014 •� w ■ _ Ell Z �✓ VAR2003 -00086 �� s � VAR2003- 0 9, cif: ____I SW COLONY .; ti c? "\-------- VAR2004 -00025 SW COLON DR 4111 1‘,..4 F —I — ,„Mi I — - ✓ M EYE RS FARM NO.2 -- in SUBDIVISION RD i N . 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