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SUB2000-00001 Decision - DAVIS PLACE SUBDIVISION NOTICE: OF ENE I TYPE II DECISION "URBAN SERVICE AREA," crcv OF ricaafto' Community {DeC ctopmeut SUBDIVISION (SUB) 2000-00001 sfapinvq(BetierCommunty VIS P CE SUBDIVISION THIS DECISION HAS BEEN_ AMENDED TO. CORRECT SOME ERRORS IN.THE..DECISION. WITHIN. THE DECISI.ON, THE CHANGES ARE UNDERLINED AND THE DELETIONS.. ARE INDICATED: BY _ . EEC t1GH, THE .TWO AREAS CHANGED ARE THE. DELETION OF THE. REQUIREMENT OF-THE._.:PEDESTRIAN PATH TO THE SOUTH OF THE SITE. DOE TO EXISTING DEVELOIPMENTANDTH_E. CHANGE IN., THE. WATER _LI_NE. REQUI EMENTS TO REFLECT CORRECT WATER PRESSURE REQUIREMENTS. THE-APPEAL.. PERIOD. AN.D EFFECTIY. DATE HAVE BEEN _CHANGED ACCORDINGLY, 120 DAYS = 07/11/2000 SECTION 1. APPLICADON SUMMARY "URBAN SERVICE AREA" FILE NAME: DAVIS PLACE SUBDIVISION CASE NO.: Subdivision (SUB) SUB2000-00001 REQUEST: A request for Subdivision approval to create 18, single-family lots on an approximately 2.74 acre site. APPLICANT: Chuck Chimento OWNER: Chuck and Melissa Chimento 14700 SW Rask Terrace 14709 SW Rask Terrace Tigard, OR 97224 Tigard, OR 97224 ENGINEER: Jay Harris CONSULTANT: Spencer H. Vail Harris-McMonagle Associates 4505 NE 241h 12555 SW Hall Boulevard Portland, OR 97211 Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: R-7; Single-Family, Medium Density Residential, ZONE: R-7; Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre; R-7. The purpose of the R-7 zoning district is to establish. sites for single-family detached and attached units for medium density residential developments. LOCATION: The project site is located on SW 150th at 15100 SW 150t" Avenue; WCTM 2S108DA, Tax Lots 500 and 600. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 (Decision Making Procedures); 18.430 (Subdivision); 18.510 (Residential Zoning Districts); 18.705 (Access, Egress and Circulation); 18.715 (Density Computation); 18.745 (Landscaping and Screening); 18.765 (Off-Street Parking); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility Improvement Standards), NOTICE OF "AMENDED" DECISION PAGE 1 OF 25 SUB2000-00001IDAVIS PLACE SUBDIVISION SECTION iI. DECISION Notice is hereby given that, the City of Tigard Community Development Director's designee har APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section VI of this Decision. CONDITIONS OF APPROVAL PRIOR TO COMMENCING ANY ON-SITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION, AND/OR FILL., THE FOLLOWING CONDITIONS SHALL BE SATISFIED: . u mit tote Planning Division (Julia at u , 639-4171, ext. or review an approva : 1. Prior to construction, submit a bond, cash depposit or irrevocable letter of credit for proposed on-site tree mitigation for the caliper inches to be removed (560 inches). 2. Prior to construction, submit deed restrictions for the trees proposed to be retained. If any trees currently proposed to be retained are removed, approval must be granted PRIOR to any tree removal and mitigation requirements adjusted accordingly. 3. Prior to ANY site work, tree protection measures must be installed for all trees to be retained. Once installed, the tree protection measures must be approved by a certified arborist and a member of the Planning Staff. Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 4. Prior to commencing onsite improvements, a public improvement permit and compliance agreement is required for this project. Seven (7) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. MOTE: these plans are in a_ ddLfi to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement 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.tiaard.or.us)_ 5. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the exact legal name, address and telephone number of the individual or corporate entity that will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, L.L.C, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 6. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to ark 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 pro used by this application, and shall include the vehicles of all suppliers and employees ass( ciateTwith the project. 7. The applicant's construction ~rfans shall indicate that they will construct a half-street improvement along the frontage of SW 150`h Avenue. The improvements adjacent to this site shall include: A. City standard pavement section for a major collector street from curb to centerline equal to 22 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; NOTICE OF "AMENDED" DECISION PACE 2 OF 25 SUB2000-00001/DAVIS PLACE SUBDIVISION F. street trees behind the sidewalk spaced per TDC requirements; G. street stripping; H. streetlights as determined by the City Engineer; 1. underground utilities; J. street signs (if applicable); K. driveway apron (if applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW 15Qt~` Avenue in a safe manner, as approved by the Engineering Department. 8. The applicant's construction drawings shall indicate that full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphalt concrete pavement, sanitary sewers, storm drainage, street trees, streetiig its, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. 9. The paved widths of SW Sophia Lane and SW 148th Terrace shall be 28 feet and 24 feet, respectively. 10. The applicant's constructon plans shall show that they will construct a full-width, 24-foot wide improvement of W 148 Terrace, within the proposed 34-foot ROW width. Curbs shall be provided on bath sides, of this roadway. 11. Profiles of bath SW Sophia Lane and SW 14 0 Terrace shall be required, extending 399 feet beyond the boundaries of the subject site showing the existing grade and proposed future grade. 12. The appcant shall post "No Parking" signs on one side of SW Sophia Lane, and on both sides of SW 148 Terrace. "No Parking" signs shall also be required on both sides of the two private streets. 13. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street shall meet the City's public street standard for a local residential street. 14. Prior to construction, the applicant shall obtain approval from USA for the public sanitary and storm sewer systems in this development. 15. Any extension of public water lines shall be shown on the proposed public improvement construction drawings and shall be reviewed and aff~ roved by the City's Water Department, as a part of the Engineering Department ppian review. I ISTE: An estimated 12% of the water system costs must be on deposit with theJVater Department prior to approval of the public -improvement plans from the Engineering Department and construction of public water lines. 16.. k-the--Cit resew/-tes the e rst+{ ,~-i,R,_h -finye~-i€ _ Vtl fi'r' ~A € e-siao~+ s~ t ~a t^ia mum nixr + { j{n JPM) -{oaf €-€€et~k~-e~nlli~'~~, F lf~t - t t~t art{f'r€pa tla tier{ f-a-€ e ° 1 -incF~ p l€ w t e-tit ~~f}II-r{ € -#rom ri ll-1~:1our~tain-l I-te the-sau-tl€-{df thitee-appliea€t-w+l require es€L n are cor~str~ater 40e_,__bt „i"RlY i t 4 a t<~ pa he ?f-art-5-ir cla-Ii{~e: T-he it, Jrl4-per the dl~rer€ee bebAteeta- - --4;G4 E{ne andL+4i4'l-2-i{~ekr-li The applicant's constructi~~n_-Mans aShall y- inc!icafe that they _will replace thr, ~ stingy 6-inch public e titer fine -€i~ ~tiV __1=`~~r''~~vPnr~c a tl~c n. to la s°"sits wt a2-inchteFih . `Tile app €can is one res~onsiblc der t€i Pori{ono wa ter Iine >n ion f~ ~I?~. r r rr l~r.r- 5rrv,"M a IilcilJllnC anc Tlearee oav e - rncl~ €nI e: 17. Prior to construction, the applicant shall obtain -_ipp€ oval of the proposed water quality facility from USA. 18. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to 'Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 19. A final grading plan.hall 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 drains e system approved by the En ineerin Department. For situations where the back portions of lots, drain away from a street and toward adjacent lots, appropriate private steam drainage lines shall be provided to sufficiently contain and convey runoff from each lot. NOTICE OF "AMENDED" DECISION PAGE 3 OF 25 SUB2000-00001/DAVIS PLACE SUBDIVISION r 0. The applicant shall submit geotechnical report along with the final graadin plan. The geoteehnical engineer shall be, employed by the applicant throughout the entire construction period to ensure that all grading, including cuts and fills, are constructed in accordance with thr approved pplan and Appendix Chapter 3 of the UBC. A final construction supervision report shat, be fled with the Engineering Department prior to issuance of building permits. 21. The final construction plans shall be signed by the geotechnical engineer to ensure that they have reviewed and approved the plans. The geotechnical engineer shall also sign the as-built grading plan at the end of the project. 2. 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 0%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. PRIOR TO APPROVAL OF THE FINAL PLAT THE FOLLOWING CONDITIONS OF APPROVAL MUST BE MET: submit` to tal e Planning-DN scan u is Hajauk, 639=4'171; ext.-4-07) o rreview an approVa - 23. Devise the plan to provide a 20-foot-wide hammerhead for at least the first 32 feet of the private drive (Tract B), for a total of 66 feet from the eastern edge of the hammerhead. 24. Provide revised lot sizes and average lot size calculations after revising the hammerhead to comply with the emergencyy vehicle turn-around standards. If necessary to meet the standards, a reduction in the total num[~er of lots provided will continue to be in substantial conformity to the proposal and will be permitted. 5. Submit a revised plan that shows the location and species of proposed street trees, 26. Prior to final plat, provide a tree mitiggation plan for review and approval that addresses how the required mitigation will be accomplished. 27. Prior to Final Plat, plant (or maintain the bond for) the required on-site tree mitigation and/or pay the fee in-lieu. 28. Provide a pedestrian connection easement to the north and-sett-of the project site. While the ultimate location may be proposed by the a licant, the suggested location is along the private drive (Tract A) and between lots 1 acid 2; an Wen -1 t- 1 rJ Imo. Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 29. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of $540.00. 30. The final plat shall show a ROW dedication for SW 150th Avenue to provide for 33 feet from centerline. 31. The final plat shall show a minimum 42-foot ROW width for SW Sophia Lane. 32. The final plat shall show a minimum 34-foot ROW dedication for SW 148th Terrace. 33. Lots 10 and 11 shall not be permitted to access directly onto SW 150th Avenue. 34. The proposed "Landscape Easement" shall be located immediately behind the ROW line and shall ensure a minimum width of 4 feet within which to plan the street trees. The standard public utiliteasement (PUE) shall be shown separately and behind the Landscape Easement. The applicant shall obtain approvals from all affected franchise utility companies for the proposed 6.5- foot wide PUE prior to plat approval. , 35. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private streets will be jointly owned and maintained by the private property owners who abut and take access from them. NOTIG'r OF 'V°MLHDED" DECISION PAGE 4 O 25 SUB2000-00001IDA'Jls PLACE SUBDIVISION 36. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and -Restrictions ( C&R's) for this project, to be recorded with the final pplat that clearlyy lays out a maintenance plan and agreement for the roposed private streets. 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 streets. The applicant shall submit a copy of the CC&R's to the engineering Department (Brian Rager) prior to approval of the final plat. 37. The applicant shall either place the existing overhead utility lines along SW 1501h Avenue underground as a art of this project, or they skull pay the fee in-lieu of under groundingg. The fee shall be calculateby the frontage of the site that is parallel to the utilityy lines and will Be 27.60 Fer lineal foot. If the fee option is chosen, the amount will be $7,700.00 and it shall be paid prier o approval of the final plat. 38. 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. These monuments shall be on the same line and shall be of the same precision as repaired 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. 39. 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. 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. C. The right-of-way dedications for all abutting and internal streets shall be made on the final plat. D. NOTE: Washington County will not begin their review of the final plat until they receive a letter from the City Engineering Department indicating: 1) that the City has reviewed the final plat and submitted comments to the applicant's surveyor, and 2) that the applicant has either completed any public improvements associated with the project, or has at least obtained the necessary public improvement permit from the City to complete the work. E. Once the City and County have reviewed the final plat, submit two mylar copies of the final plat for City ngineer's signature. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS: Submit to the Engineering epartment (Brian alter, , ext. or review and approval: 40. Driveway cuts shall not be permitted within thirty feet of intersecting right-of-way lines nor within five feet of property lines. 41. The applicant shall provide the Engineering Department with a mylar copy of the recorded final plat. 42. Prior to issuance of any building permits within the subdivision, the public improvements shall be deemed substantially complete by the City Engineer. 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, ) an off site street and/or utility improvements are completely finished, and 4) all street lights are installed and ready to be energized. 43. If USA, approves the StormFilter unit for a water quality facility, prior to issuance of building permits, the applicant shall demonstrate that thy have entered into a maintenance agreement with Stormwater Management for the proposed on-site storm water treatment fa oil ity. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THEN COMMUNITY DEVELOPMENT ODE TH[S IS NOT AN EXCLUSIVE LIST: NOTICE OF "AMENDED" DECISION PATE 5 OF 25 SUB2000-000010AVIS PLACE SUBDIVISION 18.430.080 Improvement Agreement: Before City a proval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer s ecifying the period within which ali 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 fallowing 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the Mate 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 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 9. Upon finial recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat Ap lication Submission Requirements: Three copies of the subdivision plat prepared by a and 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 Re uired Mlonument boxes con ancq to City standards will be required around all centerline intersection points, cul-de-sac center points, anri curve points. NOTICE OF "AMENDED" DECISION PACE 6 OF 25 SUB2000-000010AVIS PLACE SUBDIVISION The taps of all monument boxes shall be set to finished pavement grade. 18.810 Street Utility improve ent 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 under round, except for surface-mounted transformers, surface-mounted connection boxes, and meter cainets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.810.180 Cash or Bond -R eq:.jicd All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period cif 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 band shall comply with the terms and conditions of Section 18.810.180. 18.810.150 installation Prerequisite No land division improvements, includin 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 Recmired Work shall not begin until the City has been notified in advance. o If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Cerlificaticn The land divider's engineer shall provide written certification of a farm provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: City records do not indicate any previous development approvals have been granted for this property. The applicant held a pre-a placation conference with the City as required by the Community Development Cade in June of '1999., The applicant submitted the application in January of 2000. Site Information and Prorosal Description: The applicant is requesting Subdivision approval to create 18, single-family lots on an approxirnatel 2.74 acre site. The existing house is proposed to be retained, however, the accessory structures will be removed. The applicant has asked to be able to retain the garage on a separate lot until their house is completed, elsewhere. Staff considered this, however, based on the definition of accessory structure "A freestanding structure incidental and subordinate to the min use of property and located on the same lot as the main use" it is clear that the garage may not remain on the lot after the subdivision is platted. This is consistent with past decisions, including the Meyer' Farm Subdivision (SUB 1999-00002). While staff understands the need to maintain the garage for a temporary period of time, it would be inconsistent with past practices and the Code and, therefore, can not be permitted. The garage may, however, remain on the site until the plat is recorded, which may provide some additional time since the approval of the construction plans will take some time as well. _T NOTICEOF"AMENDED"DECISION PACE F ur 25 SUB2000-00001/DAVIS PLACE SUBDIVISION f Vicinity Information: The property is outside the City limits but within the Urban Services Area. The properties to the north, south and east are zoned R-7 and developed with large lots that could be divided in the future. Directly to the west, across 150th Avenue, is property that is outside of the Urban Growth Boundary There is a water feature off-site to the east, however, the applicant has provided a wetland report tha, indicates that there are no water features within 25 feet o the subject site. Because the ap lication was submitted and deemed complete prior to USA's new standards taking affect, a larger buffer is not required. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The Tigard Development Code requires that property owners within 500 feet of the subject site be notified of the proposal and be given the opportunity to provide written comments prior to a decision being made. Staff received several comments that are summarized below. A summary of the comment or concern is stated in bold and the Staff response to each comment follows. Copies of the letters submitted are in the public record and are available for review at the City. Concerns were raised reardin existingg traffic congestion throughout the City. Problems with site distance and pedestrian trac on 150 . A development can not be denied because of regional traffic problems however, the developer will be responsible for mitigating any traffic and safety problems created tsy the development. Traffic issues are discussed under the Street and Utility Improvement Standards section of this decision. Wildlife - Concern that reducing the cover and feed, will drive the wildlife out of the area, to the benefit of no one. It i stated that there is a significant amount of wildlife in this area that contributes to the country feel. There are no provisions within the development code that would allow staff" to deny an application because of the potential for disruption of wildlife, unless an area were identified as a goal resource. The site is not listed as a significant natural habitat area on the Bull Mountain Community Plan. Compatibility With Existing Homes: Several people were concerned about compatibility with existing neighborhoods. It was stated that the area is predominantly low density which makes Bull Mountain an attractive place to live. That continual development of high-density subdivisions is ruining the quality of life for those who appreciate space, natural surroundings and a degree of security. Another wrote "the life- style of people forced to live in such limited space does not fit the area's concept of country living." One person questioned why, since the existing homes were permitted to be constructed below the minimum density, why this development couldn't as well. This area has been zoned R-6 since at least 1983. In talking with a Staff member at Washington County, 20-50 years ago the area did have a much larger iof requirement because the homes were on septic and larger lots were required. Since that time, sanitary sewer has become available to the area and the zone has changed to allow smaller lots. This area is inside the Urban Growth Boundary which means it will be developed at urban densities. When the existing subdivisions were approved, there was no minimum density required. Many of the existing subdivisions in the area would not be approved today because the standards have changed. The minimum density requirement is in response to a Metro mandate that all cities show how they would accommodate projected growth. Development occurring far below the permitted density was one of the reasons Metro required all Cities to incorporate a method for providing for projected growth. By developing lots consistent with the density permitted in the zone, it allows others to have a "better lifestvle" for their families by providing a balance of high, medium and low density developments thus 'providing housing. for a variety of income levels instead of simply low-income and high-incorne. The R-~7 zone is not considered a high density development and has been successfully built in Tigard as well as other cities in the area. By accommodating density within the urban boundary, productive farm land and greens aces are maintained. The City of Tigard does not have authority to require the developer to create fewer lots than the density allows. If the development meets the standards of the Code, or can be conditioned to meet them, Staff must approve the subdivision. NOTICE OF "AMENDED" DECISION PAGE B of 25 SUB2000-0000 1 /DAVIS PLACE SUBDIVISION Septic tanks One individual wrote that with all of the development occurring, it would only be a matter of time before current property owners would be required to hock up to "a very expensive sewer system" The City's policy is not to force people to hook up to sewer even if it is available. If sewer is available, property owners may hook up to the sewer. They will have to ay a connection fee, and if the sewer was constructed as part of an LID or reimbursement district, they will have to pay their share of the sewer construction. sECTIO V. SUMMARY OF APPLICABLE CRITERIA A summary of the a pilcable criteria in this case in the Chapter order in which they are addressed in this decision are as follows: A. Subdivision -General Provisions Future re-division Lot size averaging Phased Development B. Subdivision - Approval Criteria C. Applicable Development Code Sections 18.59 esidential zoning districts) 18,705 Access, Egress and Circulation) 18.715 (Density) 18.715 Landscaping and screening) 18.755 Off-street parking and loading requirements) 18.7001 Tree removal) 18.705 Vision clearance) E. Street aid Utility Improvement 18.810 (Street and Utility Improvement Standards) E. Impact Study 118.3901 F. Bull MOI_rntain Community Plan SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A-- SUMVISiON GENERAL PROMS ONS: Future Re-Division. When subdividing tracts into large lots, the Approval Authority shall require that the lots be of such size and shape as to facilitate future re-division in accordance with the requirements of the zoning district and this title. None of the lets are large enough to divide in the future, therefore this standard does not apply. FINDING: Because none of the lots are large enough to be re-divided, this standard does not apply. Lot Size Averagin . Section 18.430.02.D states Lot size may be averaged to allow lots less than the minimum lot size allowed in the underlyingg 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`'% a of the minimum lot size allowed in the underlying zoning district. The applicant has proposed to use the lot averaging option. The average of all lots is 5,004 square feet. n addition, none of the lots are less than 4,000 square feet which is 80% of the minimum lot size. FINDING: Because the applicant has not proposed lets less than 80% of the minimum lot size in the zone and the average lot size exceeds 5,0001 square feet, this standard is satisfied. NOTICE OF "AMENDED" DECISION PAGE 9 OF 25 SUB2000-000011DAVIS PLACE SUBDIVISION Phased Development: The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat; The criteria for a proving a phased site development review proposal are: a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; K) The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: For purposes of this subsection, a temporary ppublic facility is an interim facility not constructed to the applicable City or district standard;.and The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. The applicant has not proposed a phased development, therefore, this standard does not apply. FINDING: Because the applicant has not proposed a phased development, this standard does not apply. B - SUBDIVISION APPROVAL CRIT`FR A _pr©val Standards - Preliminary Plat:, . The proppOSecI pre Emmaty plat complies with the applicable zoning ordinance and other applicable ordinances and regulations The proposed project complies with the Comprehensive Plan's Medium Density Residential designation for the subject propert because it complies with the applicable provisions of the Community Development Code which implement the plan. Compliance with the. specific regulations and standards will be addressed further within this decision. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. The applicant has provided evidence that the proposed subdivision name has been reserved with Washington County, thus insuring that the name is not duplicative. The Streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions or subdivisions 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. Street layout is discussed in more detail, and conditioned if necessary, further in this decision. An explanation has been provided for all common improvements. The applicant has provided an explanation for all common improvements as required and, therefore, satisfied this criterion. Specific details, of the proposed improvements are discussed later in this decision under the Street and Utility Improvement Standards 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. C- APPLICABLE TiGARD DEVELOMENT CODE SECTIONS Residential Zoning Districts (18.510) Purpose Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging prilnarlly residential development with compatible non-residential development - schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and ether services - at appropriate locations and at an appropriate scale. NOTICE OF "AMENDED" DECISION PAGE 10 OF 25 SUB2000-00001/DAVIS PLACE SUBDIVISION Encourage construction of affordable housing. Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental housing at affordable prices i encouraged. This can be accomplished by providingg residential zoning districts of varying densities and developing flexible design anc~ development stanards to encourage innovation and reduce housing costs. R-7; Single-Family Medium Density, Residential - 5,000 Square Feet Attached Per Unit 7 Units Per Acre; R-7. The purpose of tl e R-7 zoning district is to establish sites for single family detached and attached units for medium density residential developments. The R-7 zoning district has the following dimensional requirements: STANDARD -7 Minimum Fot Size Detached unit 5,000 sq. ft. Duplexes 10,000 sq,ft, Attached unit 1 verage Inimurn of Width Detached unit lots 50 ft. Du lex lots 50 ft. -A ttached unit lots 40 ft Maximum o -6vera e o 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 ara e 20 ft. clXl V rnum i~ t inimum an sca e Requirement 20% [1] Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. The proposed lots rangge in size from 4,387 square feet to 8,478 square feet. Based or the lot averaging standards of Section 18.430.020.D, lot sizes can be reduced to a minimum of 4,000 square feet as long as the average lot size for the entire subdivision is at least 5,000 square feet. The average lot size for the 18 lets proposed for this subdivision is 5,004 square feet. All of the proposed lets meet the minimum lot size and averaging requirements of the Code. All lots meet the minimum lot width re uirements, 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. This is not a planned development, therefore, there will be no flexibility in the setbacks. There are several irregular lots that could pose confusion in regard to required setbacks when applying for building permits. In order to minimize confusion, the interpretation of setbacks is as follows. lots 1, 2 and 3 are flaq lots for the purpose of determining setbacks. Based on the lot dimensions, Staff finds it feasible that the required setbacks can be met. FINDING: Based on the analysis above, the residential zoning district dimensional standards are satisfied. Access,E ress and Circulation (18.705 Clhapter 18.705 establishes standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. Table 18.705.1 states that the minimum vehicular access and ec,iress for single-family dwelling units on individual lots shall be one, 10-foot paved driveway within a 15-foot-wide accessway. The minimum access width for 3-6 dwelling units is 20 feet with 20 feet of pavement. The access and egress into the site itself is discussed later in this decision under the Street and Utility Standards section of this decision. Access to individual lots will be reviewed for compliance during the building permit phase. NOTICE of "AMENDED" DECISION PAGE 11 of 25 SUS2000-00001[DAVIS PLACE SUBDIVISION Section 18.705.030.H.4 states that Access drives in excess of 150 feet in, length shall be pprovided with approved provisions for the turning. around of fire apparatus by one of the following; a circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet or 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 Building Division has indicated that the entire length of Sophia Lane and 148th Terrace i part of a dead-end street and must, therefore, provide for an emergency turn-around. The Private Drive (Tract BB) may serve this purppose, however, the current dimensions o not meet the standard. In order to provide the required hammerhead dimensions, the plan must be revised to provide a 20-foot width for at least the first 2 feet of the private drive (for a total of 66 feet from the eastern edge of the hammerhead). This will take away from the lot sizes and could affect the average lot size, therefore, a condition is needed requiring the applicant to provide revised lot sizes and average lot size calculations after revising the hammerhead to comply with the emergency vehicle turn-around standards. 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: Revise the plan to provide a 201-foot-wide hammerhead for at least the first 32 feet of the private drive (Tract B), for a total of 66 feet from the eastern edge of the hammerhead. Provide revised lot sizes and average lot size calculations after revising the hammerhead to comply with the emergency vehicle tum-around standards. If necessary to meet the standards, a reduction in the total number of lots provided will continue to be in substantial conformity to the proposal and will be permitted. Density Computations and Limitations: Chapter 18.715 implements the Comprehensive Plan b 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 Developpment Code, the maximum and minimum number of units permitted on the site are based on the net developable area, subtracting sensitive land areas, land dedicated to public parrs, land dedicated for public right-of-way and land fc~r private streets from the total site area. O the total site area (118,787 square feet} 28,714 square feet will be dedicated to public street right-of-way and private streets; there are no wetlands or land dedicated to the public or parks. This results in a net developable area of 90,073 square feet. The maximum number of lets permitted on this site, therefore, is 18 and the minimum number of lots is 14. The applican 's prop~os~l to build 18 lots for single-family detached homes meets the maximum and minimum density requirements in an R-7 zone. FINDING; Because the applicant has proposed 18 lots and 18 lots are the maximum permitted based on the net acreage of the site, this standard has been satisfied. L.andscapin and Screening ('18.7454: Chapter 13.745 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 18.745.040.0 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) shall be spaced no greater than 20 feet apart; Medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be spaced no greater than 30 feet apart; and NOVICE OF "AMENDED" DECISION PAGE 12 OF 25 SUB2000-60001/DAVIS PIJ~CE SUBDIVISION Large trees (over 40 feet tall and more than 5 feet wide branching) shall be spaced no greater than 40 feet apart, The applicant has not shown or proposed street trees as part of the Mans. In order for staff to confirm that the standards are met, a condition is needed requiring the applicant to submit a plan that shows the location and species of street tree proposed. The exact location for these street trees will also be reviewed and approved as part of the construction permitting. Section 18.745.050 contains the provisions and requirements for buffering and screening. The Buffern0 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 dwellinggs. The Davis Place Subdivision site is surrounded by detached single-family homes and undeveloped parcels with R-7 zoning. Therefore, this section does not apply. FINDING: Based on the analysis above, staff can not confirm that all of the landscaping and screening standards have been met. If the applicant complies with the condition listed below, the standards will be met. CONDITION: Submit a revised plan that shows the location and species of proposed street trees. Off-Street Parkin and L.oadin Re uirements 18.765 Chapter 18.765, able 18.765. re wires 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. "Free Removal: Chapter 18.790 re wires mi#i ation of trees over 12" diameter at breast height (dbh) removed as part of the development of the site. The applicant has submitted a tree inventory prepared by a certified arborist. The tree inventorryy indicates that there are 27 trees over 12 inches in caliper. Of these, 4 (tree numbers 116, 121,122 and 123) are considered hazardous or in poor condition. Of the remaining non-hazardous trees over 12 inches in caliper, the applicant is proposing to remove 19 and retain 3. Theapplicant is, therefore, retaining 17.4% of the non-hazardous trees which requires 100% mitigation. The total caliper inches of the trees to be cut is 560, therefore, the applicant will be required to mitigate 569 inches. This number is different from the applicant's statement because the applicant measured inches only, not total number of trees and did not subtract the hazardous trees from the calculations. The applicant has indicated that mitigation will be acc?mplished by planting 4" street trees on-site. While the over-sized portion of the street trees (2 inches of the 4 inches proposed) can count towards the mitigation, this will not fully address the amount of mitigation necessary. The applicant must submit a mitigation plan that addresses how the 560 inches will be mitigatec9. On-site mitigation is always preferred over off-site mitigation or the fee in-lieu, however, a combination is permitted. The applicant's arborist has also provided tree protection recommendations. Following the tree recommendations will help assure that trees to be protected are not damaged during construction. A condition to this affect will be required. FINDING: Based on the analysis above, the Tree Removal standards will be met, if the applicant complies with the conditions listed below: CONDITIONS: o Prior to construction, submit a bond, cash deposit or irrevocable letter of credit for proposed on-site tree mitigation for the caliper Inches to be removed (560 inches). NOTICE OF "AMENDED" DECISION PAGE 13 OF 25 SUB2000-00001/DAViS PLACE SUBDIVISION ii + Prior to construction, submit deed restrictions for the trees proposed to be retained, If any trees currently proposed to be retained are removed, approval must be granted PRIOR to any tree removal, and mitigation requirements adjusted accordingly. a Prior to ANY site work, tree protection measures must be installed for all trees to be retained. Once installed, the tree protection measures must be approved by a certified arborist and a member of the Planning Staff. o Prier to final plat, provide a tree mitigation plan for review and approval that addresses how the required mitigation will be accomplished. o Prior to Final Plat, plant (or maintain the bond for) the required on-site mitigation and/or pay the fee in-lieu. Vision Clearance: Chapter 18.795 applies to all development and requires that clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways and at the intersection of a public street and a private driveway. A visual clearance area shall contain no vehicle, hedge, planting, fend:, wall structure, signs, or temporary or permanent obstruction exceeding three feet in freight. The applicant has not proposed any structures or vegetation in the vision clearance area. 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. E - STREET AND UTILITY IMPROVEMENT'S STANDARDS (SECTION 18.810) Street And Utility Ir provements 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 fanned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires a major collector street to have a 60 to 80-foot right-of-way width and a 444bot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. Section 18.810.030(E) also requires a local residential street to have a 42 - 50 foot right-of-way width and a 4 - 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. SW 95~ This site lies adjacent to SW 150tt, Avenue, which is classified as a major collector on the City of Tigard TrLii isportation Plan Map. At present, there is approximately 20 feet of ROW east of the centerline, according to the most recent tax assessors map. The applicant should dedicate additional ROW on the final plat to provide a minimum of 3 feet from the centerline to match other dedications in the area. The applicant's plan indicates that they plan to dedicate IOW to provide the 33 feet from the centerline. NOTICE OF "AMENDED" DECISION PAGE 14 OF 25 SUB2000.000011DAVIS PLACE SUBDIVISION SW 150th Avenue i currently paved, but not fully improved to meet City standards. In order to . mitigate the impact from this development, the applicant should construct a half-street improvement ad"acent to the frontage of this site. The applicant's {plan indicates that they propose to construct a ha if-street improvement. However, the plan shows lie pavement width proposed at 20 feet from centerline. Since this roadway is a major collector street, the paved width must be 22 feet from the centerline. The applicant will need to adjust their construction plans to account for the appropriate width. SW Sophia Lane A new ppublic street will be extended into this site to serve the new lots. The location of the intersection has been reviewed by Staff and is supported. The applicant attempted to work the F roperty owner of Tax Lot 700 Map 2S1 08DA) to try to locate the new street over the existing 50- oo wide flay Tole of Tax Lot AID (flag pale lies adjacent to the south boundary of the subject site). The owner o~ Tax Lot 700 was not interested in work~n~~gwith the applicant. The applicant's engineer provided a Future Streets Plan that shows haw SW Sophia Lana can provide access to the developable portions of Tax Lot 700, if that property owner chooss to develop in the future. Again, Staff supports the intersection location of SW Sophia Lane/SW 1501r, Avenue. The applicant i proposing to build SW Sophia Lane with a 28-foot paved width inside of a 40-foot ROW. The TDC states that the minimum 1700 width for a local residential street is 42 feet. A variance to this standard was not requested by the applicant, and can not he ggranted by Staff. Therefore, the applicant must revise their plan to provide a minimum 42-foot RU for SW Sophia Lane. The 28-foot paved width is supported b Staff, as it appears that this street will never serve more than 50 homes, and would not carry traffic loads in excess of 500 vehicles per day. The reduced paved width does require an on-street parking restriction. The applicant must post "No Packing„ signs on one side of this roadway. The applicant's plan indicates that they plan to past the No Parking signs on the north side of the street. The profile of SW Sophia Lane, provided in the preliminary plan, does not show how this street might be extended to the east from this site. There is a drainage area to the east that would need to be crossed. The applicant will be required to provide a profile of this street that extends a minimum of 300 feet heyon the site boundary, as a part of the construction plan submittal. Staff is concerned that the street within this dovelopmer~t be constructed to allow for a realistic extension of the street in the future, should approvals for crossing the drainage be obtained. SW 148th Terrace The applicant is showing.that a north/south street can be extended to serve pd'acent properties in the future. They are proposing to rovide a 3l4-street improvement of SW 1481 ~errace adjacent to the eastern boundary of the site. The -'/,-street improvement will yield a minimum paved width of 24 feet. The applicant's plan shows that they will provide a 24-foot wide street with curbs on both sides, and sidewalk, street trees and street lights on the west side adjacent to this development. If, in the future, adjacent parcels develop to the extent that a wider street is required, the pavement width could be widened on the cast side. Staff and the applicant agreed that the proposed 24-foot wide improvement is appropriate because there is'a chance that adjacent parcels will not develop to th extent where a wi er pavement width is needed. Therefore, the applicant shall construct SW I~18 Terrace a shown on the preliminary plan. Since this roadway will only have a 24-foot paved width, the applicant must post "No Parking" signs on both sides of the street. The applicant's plan indicates this restriction. The profile of SW 148th Terrace, provided in the preliminary plan, does not show how this street might be extended to the north from this site. Staff is concerned that the street within this development be constructed to allow for a realistic extension of the street in the future. Therefore, the applicant will be required to provide -a centerline profile extending 800 feet beyond the site boundary, as a part of the construction plan submittal. Street Trees -vs- Public Utility Easements The applicant's plan shows that the street trees on the new local streets will be partially within the provided RO , and partially within a 10-foot wide public utility easement (PIJE}, where four feet of the PUE would be dedicated for landscape purposes. Staff previously talked o the applicant and their engineer about this and indicated that the street trees must be placed within their own "landscape easement" separate from the standard PUE. Typical PUE widths are 8 feet. The NOTICE OF "AMENDED" DECISION PAGE 15 OF 25 SUB2000-000011DAVIS PLACE SUBDIVISION applicant's plan only allows for a 6.5-foot PUE, which may not be acceptable to the franchise utilities that operate in the City (PGE, NW Natural, GTE, cable, etc). The applicant shall demonstrate that they have obtained approval from the utility 'companies for the reduced PUE width prior to construction plan approval. 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 oundaries of the proposed land division. This section also states that whore it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary linen 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 cut-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 propperty owners which shall not be removed until authorized by the City Engineer, the cost of w{Bell 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. As was stated above, the applicant has provided a future streets plan with this application. The plan shows that the new local residential streets in this development will be stubbed to the east and north boundaries of this site to provide for future extension for adjacent developments. As was mentioned reviousi , the applicant will need to provide centerline profiles of the two streets that extend 300 feet beyond the site boundary, as a part of the construction plan submittal. The purpose of this is to make sure these streets can realistically be extended in the future. 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 topo raphical 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 ether than circular, shall be approved b 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 long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the City. There are no cul-de-sacs proposed within this development. Street Alignment and Connections: Section 18.810.030(G) requires all local 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 passible to redesign, or reconfigure the street pattern to provide required extensions. In the cake 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 two streets proposed in this project are shown to be extended to the east and north boundaries of this site to allow for future extension. 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 less than 700 feet on arterials, 5+00 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 pasted 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. NOTICE OF "AMENDED" DECISION PAGE 16 OF 25 SUB2000.000011DAVIS PLACE SUBDIVISION SW Sophia Lana, beginning at SW 150th Avenue, will hav9ha grade of 14.70%, but will decrease to a trade of 9.75% within approximately '150 feet. SW 148 Yerrace will have a maximum grade of 12.50% within this site for a distance of approximately 75 feet. Therefore, the grade standard will be met. The applicant will also have to meet the landing requirement. dt appears that this requirement will be met. 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 shall minimize the traffic conflicts. The design shall include any of the following: + A parallel access street along the arterial or major collector; + Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; + Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or major collector, or + ether treatment suitable to meet the ol3jectives of this subsection; + If a lot has access to two streets with different classifications, primary access should be from the lower classification street. All access to the proposed lots will be taken from either W So hia Lane or SW 148th Terrace. Staff is cos}cerned about the narrow width of Lots 10 and 11, which abut SW 150t Avenue. The concern is mainly related to future driveway locations for these lots. City ordinances require that a driveway be located a minimum of 30 feet back from the ROW line of the intersectingg stree For Lots 10 and 11, the driveways must be located 30 feet back from the new ROW line of 3 150 Avenue. In addition, no driveway can be located closer than five feet to an adjacent property line. With these parameters in place, each lot will be limited to a maximum 20-foot wide driveway, which will meet City standards, but may not be preferable to the applicant or a future home builder. Staff is only pointing this out to alert the applicant of the issue in the event they want to make adjustments to the lot widths of these lots to allow for wider driveways. Private Streets: Section 18.810.030.5 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 evelopments. Two private streets are proposed in this development; Tracts A and B. Each private street will serve less than six single family lots; therefore, that part of the standard is met. 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) alan with the final plat that will clarify how the private property owners are to maintain the private streets). These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. The City's public improvement desiggn standards require private streets to have a pavement section equal to a public local street. We applicant will need to provide this type of pavement section. Block Designs -,Section 18.810.040.A states that the lenggth, width and .shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Black Sizes: Section 18.810.040.B.1 states that the perimeter of blacks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except: + Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; For blocks adjacent to arterial streets, limited access highways; major collectors or railroads. + For non-residential blocks in which internal public circulation provides equivalent access. NOTICE OF "Ar,,,ENDED° DECISION PAGE 17 OF 25 SUB2000-00001; DAW3 PLACE SUBDIVISION The perimeter of blocks that will be created as shown on the future street plan are less than 1,800 feet, therefore, this standard will be met as the street connections are made. Section 18.810.040.13.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topogra hical constraints, existing development patterns, or strict adherence to other standards in the code. The distance betweCin SW 150t' and SW 148th Terrace is slightly greater than 330 feet. The plan does not provide for a pedestrian connection. The property to the south is already a developed subdivision therefore a connection to the South is unnece ssary. n order to me~thsns ns nand Tor e 0LQP_ y to e nor- ,e app rcan mu provide a p es non connection easement-to-thee id-n-iT~h c0'c". V u ect--Gite. Vllhile the ultimate location may be proposed by the ap Heart, the suggested location is along the private drive and between lots 1 and 2. d-bel~ en-iota Lots - Size and Shape: Section 18.810.060(A) rohlbits lot depth from being more than .5 times the averago lot width, unless the parcel is Tess than 1.5 tames the minimum lot size of the applicable zoning district. The only lot larger than 7,500 s care feet (1.5 times the minimum lot size) is lot 6 which does not have a width greater than 2.5 times the lot depth. Lot Frontage: Section 18.810.060(13) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18,420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15 foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. All lets will have a minimum of 25 feet of frontage on a public or private street. 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. The applicant will construct concrete sidewalks as a part of their street improvements. 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. There is an existing public sanitary sewer line located in SW 1501h Avenue that has capacity to serve this site:. The primary review for sanitary sewer design for this project will be conducted by USA, as this site is located within their jurisdiction. The applicant must send construction plans directly to USA for their review. The applicant's plan shows that a new 8-inch public sanitary sewer line will be extended easterly in SW Sophia Lane, Tract A, SW 1481 Terrace and Tract B to serve the new lots Storm Drainage: General Provwsions: Section 18.810.1.00.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.+8 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 NOTICE OF'"AMENDED" DECISION PAGE 18 OF 25 SUS'.?000.00001/DAVIS PLACE SUBDIVISION Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 2000 and including any future revisions or amendments). The applicant's public storm drainage system layout appears to accommodate any upstream runoff that enters this site. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage . facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or 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 andincluding any future revisions or amendments). In 1907, the Unified Sewerage Agency (USA) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershedd Management Plan. Section V of that plan. includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flaws up to the 25-year event. The City will require that all new developments resulting in an increase of im~~pervlous surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creep. For those developments adjacent to Fanno Creels, the storm water runoff well be permitted to discharge without detention. Since this site does not direct I discharge into the Fanno Creek basin, and since this site lies within USA jurisdiction, Staff will defer to USA direction regarding the need for detention. The applicant indicates that they were told by USA that no detention would be required. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining piicposed 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. There are no bikeways within or adjacent to this site, therefore, this standard does not apply.. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: The developer shall make all necessary arrangements with the serving utility to provide the underground services; The City reserves the right to approve location of all surface mounted facilities; All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prier 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 i proposed to take place on a street where existing utilities which are not underground will serve the development and the ap~proval authority determines that the cast 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 cinder-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 SW 150Ih Avenue. If the fee iri-lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 280 lineal feet; therefore, the fee would be $7,700. NOTICE OF "AMENDED" DECISION PACE 19 OF 55 SUB2000-00001/DAVIS PLACE SUBDIVISION AddITfOPVAL CITY AiVD10R AGEN+~Y ~CENCERNS WITH STREET AND UTILITY IMPf~t~VEMI I;'~T ST~IPVDARDS: Fire and Life Safety A thorouggh review of this issue will be conducted by the Building Division, Public Works Department and TVFR during the construction plan review phase. See the Public Water System section below for a discussion of the fire flow capacity of the existing water line in SW 150 Avenue. Public. Water System: This siteis served by the City°s public water system. There is an existing 6-inch public water line in SW 150th Avenue. The applicants engineer has had several discussions with the Public Works Department regarding the fire flow capabilities of the existing 6-'inch line, and whether or not the line will need to be upsized. Public Works indicates that they have recently completed a comprehensive hydraulic model of the City's water system. With this new subdivision in peace, the existing 6-inch waterline would barely be capable of providing 1,000 gallons per minute (gpm) for fire fighting purposes. TVI=R. planning gguidelines for residential developments indicate that a system must meet a minimum 2,500 gpm flow dernand. In order to provide these flows, the existing line must be upsized to a 12-inch line, per the City's master water plan. The applicant attempted to have a flow test conducted to veri yr the accuracy of the City model. Unfortunately, there were a number of mistakes made in that test, so it could not be accep ed. The Public Works Department is in the process of ordering .a new flow test. ff-that-f[G ^,-s-t, t -the ,r9 cpn-#le~r~s-ca+-t r}ot-bechie~ted bl- the-existing-e;e-ap{1+t-rtil!-Le ro+i par ioil~ate +r-tl-2oo+; tr t c c~ a-r+ ,W--r 2-ir-+c h-Avat F-lin The--rtew I }po r e-~ s+ f l need -tea-be iecl f tc -the ex+sting-line~t--S~~'---13+11-r~~leurxtain-road,-and-extended--sot~tl~er! i+,~'J-i~=39`~,->4=~en~e:--P-r~t~lic-~A,(-ork~ of-th-- site- 4 l ~a+; -3ve~r7d eaf + t pally exterC-tl+at-l+ne-ft rtl er-s~+~th--l+ -addition ti e r far ica s~ar+ld enlioou-tom lay fir lhe-cost-sit--an at tar+lde the-r++in;r+a-s-to o ~c +ed t tl~+s-devele r e C4A7 ~~a e= fhe-d+lfarar+ e ` e Jveen-tie-d c a crt ? -inch 4ae- Water Division staff has verified wit+n TVFR that the minimum flow regUirements for rleveopmen s is-l -nnlng rrrr or +imum T ota py ~hc aev_ e Or~-ment . it ce ih'6 currenf svs errT c~~n l , , ovid~ ie ~E. c~l~i~~ 111n ows, ou e ES~anC1 I ,r ya water b rr la lreel meat the a ~a icani G~drl re LI~ran as talked e he a ter Division ar - he l ap place the e ,js inq ~ -Inc, _wa er me along m on~aa~ c`f ti1[s sl e wt a incn erne. lj t wt a tie r erenc.e etween an Inc r the n mimum size to serve e eve opmen ail a -Inc line. Prior to construction, the applicant's public water plan shall be reviewed and approved by the Engineering and Public Works Departments. Storm Water Quality The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating t e 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 USA Design Standards. In addition, the a plicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. The applicant's plans indicate that they would like to use a StormFilter unit made by Stormwater Management, Inc. The City has allowed this type of facility on one other subdivision, where topography was a challenge. Public Works has been supportive of the use of these units, and believes they will be, cheaper to maintain in the long run than typical ponds or wale. As was stated above, the primary review of the sanitary and storm drainage systems will be conducted by USA. It will be USA's decision as to whether or not this unit will be approved for this development. The City supports the use of the unit, and will likely maintain it, in the future when this and other parcels in the area become annexed into the City. NOTICE OF "AMENDED" DECISIOfJ PAGE 20 OF 25 SUB2000.00001113AVIS PLA( h E SUBDIVISION Grading and Erosion Control: USA, Design and Construction Standards also regulate erasion 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 USA regulations, the applicant is required to submit an erosion control plan for City review, and approval prior to issuance of City permits. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lets, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be Incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. The design engineer shall also indicate, on the ggrading 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/car permits will be necessary when the lots develop. The applicant has indicated that they are requesting an "early grading permit". The Engineering Department adopted a "Grading Only Authorization" policy last summer. This policy was created to allow for grading operations to begin on a subdivision prior to frill public improvement plan approval. A full list of criteria was developed, and a developer is allowed to perform rading operations on a site if they tweet all of the criteria. It is quite possible that the applicant could meet the criteria and be allowed to perform grading operations under this policy. Addres_s_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 addressingg fee in the amount of $ 30.00 per address shall be assessed. This fee shell be paid to the City prior to approval of the final plat. For this project, the addressing fee will be $040.00 (18 lots X $30/address = $540.00). Survey Requirements 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, These monuments shall be on the same line and shall be of-the same recision as required for the subdivision plat boundary. Along with the coordinates, the plat shall p 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. o By random traverse using conventional surveying methods. FINDING: Based on the analysis above, the Street Utility and Improvement standards have not been met. If the applicant complies with conditions 4-22 and 28-4 specified at the front of this decision, the standards will be satisfied. F. - 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 minimurn, the transportation system including bikeways, the drainage s stem, the parks system, the water system, the sewer system, and the horse 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. NOTICE OF'"ANIENDED" DECISION PAGE 21 OF 25 SU62000-000011DAVIS PLACE SUBDIVISION 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 hi her volume streets and the Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based an a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan it/Resolution 95-61, TIF's are expected to recapture 32 ercent of the traffic impact of new development on the Collector and Arterial Street system. Presently, the T[F for each trip that is generated is 5189. The total TIF for an attached, single-family dwelling is $1,899. The internal streets within the subdivision are needed to allow the subdivision to develop and the need for streets is created b the subdivision. Because the need for the internal streets is created by the development, the impscf of the development is roughly proportional to the cost of dedication and construction of the internal streets. The applicant is proposing to dedicate approximately 13 feet of right-of-way along W 150th and to make half-street improvements. The estimated cost of half-street improvements along SW 150th is $56,000 (289 feet x $200) and the estimated value of 13-font dedication is $10,920 (3,640 square feet x $3 per square foot)), Staff from the Engineering Department has estimated the cost of acquisition and construction of the pedestrian paths at $54 er linear foot. The estimated cost of the pedestrian connections, therefore, is approximately $7,560 (S54 x 140 feet). Upon completion of this development, the future builders ofthe residences wl[1 be required to pa TIP's of a roximately $34,182 ($1,899 x 18 dwelling units). Based on the estimate that total TIP fees cover 32 percent of the impact on major street improveients citywide, a fee that would cover 100 percent of this projects traffic impact is $106,818 ($34,182 divided by .32). The difference between the TIF paid and the full impact, is considered an unmitigated impact. Since the TII= paid is $34,182, the unmitigated impact can be valued at $72,636. Given that the estimated cast of the dedication and half-street improvements and pedestrian path construction is $71,480 the requirement to make these improvements is rou hly proportional to the impact of the development. The rough proportional ity+ test does not require a dollar for dollar match, just that the improvements be roughly proportional to the cost of the development. Because the necessary improvements are only slightly higher than the unmitigated impact, staff finds that the rough proportionality test has been met. G. WASHINGTON COUNTY BULL MOUNTAIN COMMUNITY PLAN This 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 adoppted the City's Development Code in this area and an Urban Planning Aggreement was entered into. This Agreement indicated that the City would continue to review projects in "areas of special concern" as defined in the Bull Mountain Community Plan (May 12, 1997 Urban Services Intergovernmental Agreement). This project site is not in any of the Areas of Special Concern, nor does it have a natural resource designation identified. The City Attorney has indicated that, because the County preserved the Bull Mountain Community Plan text, resource overlay areas and Goal 5 resources, the substantive standards in the Washington Count Code are applicable to these issues. Staff has required the developer to comply with the intent o Bull Mountain Community Plan. This is reviewed below. 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 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 ether major roadways. The proposed subdivision will be residential in accordance with the current density standards. The street layout proposed will not result in excess traffic due to the design or layout The streets within the development will be improved to local street standards.. 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 plain NOTICE OF "AMENDED' DECISION PAGE 22 of 25 SUB2000-000017DAVIS PLACE SUBDIVISION requirements for building on stoep slopes, as defined in the Community Development Cade, 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 slopes over 20% on this site, therefore, this standard does not apply. 3. No grading, filling, clearing or excavation of any kind shall be initiated on steep slopes unti[ a grading plan, as efned 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. While there are no slopes on the site greater than 25%, grading will not be permitted until a grading plan is approved by the Engineering Department. This issue is thoroughly discussed under the Street and Utili Y Improvement Standards section of this decision. 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 reveggetation 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 Vegetation will be removed for the construction of streets and homes within the new subdivision. The applicant has proposed to save as many trees as possible on the site. The site does not have excessive sllopes. . Because trees are such an important natural and scenic resource on 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 1.1/2" 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 applicant will be mitigating 100% of the inches removed, therefore, this standard will be met through mitigation. 6. Streams, seasonal waterwayys 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 ppreferred means of crossing streams and waterways rather than infli and piping or channelization of waterflow. As discussed previcously in this decision, there are no streams within the project area. The future street plan has considered the location of the existing stream to the east. 7. Use of powerline easements for farm operations, open space, and wildlife habitat shall be encouraged as appropriate in this subarea. There is not a powerline easement within or adjacent to this site, therefore, this standard does not apply. 8. This Design element refers to Area of Special Concern 1, which is not within the project area. Therefore, this element does not apply. 9. This Design element refers to Area of Special Concern 2, which is not within the project area. Therefore, this element does not apply. 10. This Design element refers to Area of Special Concern 3, which is not within the project area. Therefore, this element does not apply. NOTICE OF "AMENDED" DECISION PAGE 23 OF 25 SUB2000-00001 /DAVIS 0 ACC S HDIVisION FINDING: Based on the information provided by the applicant and the analysis above, Staff finds that the standards of the Bull Mountain Community Plan are be satisfied. SECTION Vi. OTHER STAF_ QM ENT,S The Tigard Building Division has reviewed this proposal and has offered the fallowing comments: SW 148th Terrace dead-ends for Fire Department turn around. The private tract "B" will not comply with approved dead-end requirements. Staff response: This has been addressed and conditioned under the access, egress and circulation section of this decision. The City of Tigard Operations Department has reviewed the proposal and offered the following comments: i would like to see the developer try to save the- Sequoia tree (115) Is it possible for them to design the roadway to have an island there with the tree in the island. This would also help to slow traffic down as it would act as a calming device. It may decrease the size of lot #5 but would still be buildable. Staff response: While it may have been possible for the applicant to propose such a measure to save this tree, staff can not require the a plicant to do this. In addition, this tree is in the middle of the proposed street. The street could not have been adjusted to save this tree without significantly reducing the number of lots that could be provided and creating an efficient street system for future development on surrounding properties. The City of Tigard Operations Utility Manager has reviewed the proposal and provided the fallowing comments: The City of Tigard has just completed a comprehensive hydraulic model of our water service area. I have regUested that MSA (consultant that developers and calibrated our model) run an analysis on our system with this "new ° subdivision included in our system. The results are that the existing inch water main in SW 150 can barely achieve 1,000 GPM and we have significantly reduced pressures throughout the grid. Under TVF&R guidelines for R-7 development, the existing system can not meet minimum flow requirements (2500 GPM). Developer will need to participate in proposed 12-inch main construction on 150 from Bull Mountain Road or connect existing 12-inche water main from Chardonnary Estates with 8 inch water main. The Tigard Police Department and Long Range Planning Division, have reviewed the proposal and have offered no objections. SECTION Viii. AGENCY COMMENTS The Unified Sewerage Agency of Washington County has reviewed this proposal and has offered comments which have been incorporated into the body of this decision. Permits will be required through USA. US Army Carps of Engineers has reviewed the proposal and has provided the following comments: From the enclosed maps, it is not clear whether a jurisdictional wetland exists on the property. If a wetland is present on the proposed development site, a Department of Army authorization may be required. Staff response: The applicant has submitted a Wetland Determination prepared b Pacific HabitaServices that indicates there are no wetlands on site or within 25 feet of the subject site. Tualatin Walley Fire and Rescue, Washington Countyy, Oregon Division of State Lands, Portland General Electric, US West, NW Natural Gas, GTE, Tri-met and TCI Cable have reviewed this application and have offered no comments or objections. NOTICE OF "AMENDED" DE iSf()N PAGE 24 OF 25 SUB2000-00001/DAVIS PLi~C_ r,UBDIVISION SECTION IX. PROCEDURE AND APPEAL 1_NFQRMATIQN I ont,ice: 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 MAY 19 0, 2000 AND EFFECTIVE ON JUKE 6 MAY-24,2000 UNLESS AN APPEAL IS FILED. 8 eal The Director's Decision is -final on the date that it is mailed. Any pa with standing as provided in Section 18.390.040.{0.1. may appeal this decision in accordance with ection 18.39 040.0.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and farms are available from the Planning Division of Tigard City Hall, 13125 S Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Directors Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any partyy during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 3,:30 S,;R O PM ON JUNE 5 MAY-23,2000. I Questions. If yyou have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. May 19, 2000 PREPARED BY Julia Pokll Hajduk DATE Associate Planner t G May 19 2000 APPROVED BY. Richard Bewersdo DATE Planning Manager iAcurplntju1ia\sub\Davis Place(amended).doc NOTICE OF "AMENDED" DECISION PAGE 25 OF 25 SUB2000-00001rDAVIS PLACE SUBDIVISION CITY OF TIGARD PLANNING DIVISIONICOMMUNITY DEVELOPMENT DEPARTMENT Cf:Y Gi TtotP$ t01' ttst' 88' - r- REMOVE 2 ! GARAGE O5,389 S.F. 4,733 S. 4,400 S.F. 4,387 S.F. ~ i ~Y 89 -25'~. 25'.,. 63' 63` 25'-, 88 =MOV 56' 33' 0 36' 317 t PRIVATE 0ltll0T4p t s{ 4 7,6* 40, i W 13' 7.6" r 2 O' =7 DEDICATION 9 8 _ 0 M a,n 5 a`s' i w 5,502 SY. 4.940 S.F. 0 5.475 SY. 4,999 S.F. ! 8.478 S.F. _ u 84F07 S. F. 34 15 0' 37' 51' 56' i 50' 92' =~=4 I f a'co 00 z+ao +w 4+00 { E I ttt 1 U1 1 3 I ! N 12 13 0 14 10 1 ~0 16 to 17 .0 4,476 S.F. 0 4,500 S.F. 0 4.500 S.F. o o ? o o 4.880 S.F. 4.680 5F 4,680 S.F. 4,680 S.F. 4,876 S.F, I i w ~ 15' STORM RAINAG£ EASEMENT ! 50' 50' 50' 52' 57 52` 52' S2' - - 0 40 80 SCALE LOT DIMENSIONING PLAN DAVIS PLACE SUBDIVISION ITY OF 71GARD t SUB2000-00001 Map is not to scale) _ _ VICINITY MAP LL-H I -URBAN s!ERV1CE ARI=A" ! 0 'OE SUB2000-00001 DAVIS PLACE ul SUBDIVISION r-r - I-- ! i 1~ sM1 I _ i tO j I 1 J \ i --FM 1 -A -"i TAX LOTS ' S \ 4 2{30 A60 GO0 Feet 4"= 473 teal informal, ion W jirai l Scrim only one l \ r t ~ stlou+d de e veu[tadv.u I, o n: . . Ire rank Services p€eisinn. { 441 W.~C~C74-1 { ~ 935 .4r tvd j ,rJ 'F, 9723 ~ II d > l I 1 20N.PR Plot ate: Jan 31 , - Community Development • 'Ra'AT �s n NOTICEOF TTYPEf1 %D " URBA N SE RVICEAREA CI OF TIGAR " ��!� A TY D ' d SUBDIVISION ,(SUB) 2000 0000 s - ` 5 '' ' f� , -_ t L ' 071t2R Unity,�Developmettt DAV IS PACE SUBDIVISIO er co munity .�, fix 120 DAYS = 07/11/2000 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: DAVIS PLACE SUBDIVISION CASE NO.: Subdivision (SUB) SUB2000 -00001 REQUEST: A request for Subdivision approval to create 18, single - family lots on an approximately 2.74 acre site. APPLICANT: Chuck Chimento OWNER: Chuck and Melissa Chimento 14709 SW Rask Terrace 14709 SW Rask Terrace Tigard, OR 97224 Tigard, OR 97224 ENGINEER: Jay Harris CONSULTANT: Spencer H. Vail Harris - McMonagle Associates 4505 NE 24 12555 SW Hall Boulevard Portland, OR 97211 Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: R -7; Single - Family, Medium Density Residential. ZONE: R -7; Single - Family Medium Density Residential - 5,000 Square Fe Attached Unit, 7 Units Per Acre; R -7. The purpose of the R -7 zoning district is to establish Per sites for single - family detached and attached units for medium density residential developments. LOCATION: The project site is located on SW 150 at 15100 SW 150 Avenue; WCTM 2S108DA, Tax Lots 500 and 600. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 (Decision Making Procedures); 18.430 (Subdivision); 18.510 (Residential Zoning Districts); 18.705 (Access, Egress and Circulation); 18.715 (Density Computation); 18.745 (Landscaping and Screening); 18.765 (Off- Street Parking); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility Improvement Standards). SECTION II. DECISION Jotice is hereby given 'that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section VI of this Decision. NOTICE OF DECISION PAGE 1 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION CONDITIONS OF APPROVAL _ '` PRIORTO COMIVIE,NCWING�;AN- ON_ IMPROVEMENTS, INCUJDING`GRADING, ': �EXC AND" /OR FILL THE :F. CONDITIONSSFi% L B ESATISFIED � wv,,<. ,,.,w Submit to the Planning Division (Julia Hajduk, 639 -4171, ext. 407) for review and approval: 1. Prior to construction, submit a bond, cash deposit or irrevocable letter of credit for proposed on -site tree mitigation for the caliper inches to be removed (560 inches). 2. Prior to construction, submit deed restrictions for the trees proposed to be retained. If any trees currently proposed to be retained are removed, approval must be granted PRIOR to any tree removal and mitigation requirements adjusted accordingly. 3. Prior to ANY site work, tree protection measures must be installed for all trees to be retained. Once installed, the tree protection measures must be approved by a .certified arborist and a member of the Planning Staff. Submit to the Engineering Department (Brian Rager, 639 -4171, ext. 318) for review and approval: 4. Prior to commencing onsite improvements, a public improvement permit and compliance agreement is required for this project. Seven (7) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary 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 improvement 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). 5. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the exact legal name, address and telephone number of the individual or corporate entity that will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. For example, specify if the entity is corporation, limited partnership, LLC, etc. Also specify the state within which the entity incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 6. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on -site. No construction vehicles or equipment will be permitted to ark 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. 7. The applicant's construction lans shall indicate that they will construct a half- street improvement along the frontage of SW 150' Avenue. The improvements adjacent to this site shall include: A. City standard pavement section for a major collector street from curb to centerline equal to 22 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; F. street trees behind the sidewalk spaced per TDC requirements; G. street striping; H. streetlights as determined by the 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 150 Avenue in a s manner, as approved by the Engineering Department. NOTICE OF DECISION PAGE 2 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION 8. The applicant's construction drawings shall indicate that full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphalt 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. 9. The paved widths of SW Sophia Lane and SW 148 Terrace shall be 28 feet and 24 feet, respectively. 10. The applicant's construction plans shall show that they will construct a full- width, 24 -foot wide improvement of SW 148 Terrace, within the proposed 34 -foot ROW width. Curbs shall be provided on both sides of this roadway. 11. Profiles of both SW Sophia Lane and SW 148 Terrace shall be required, extending 300 feet beyond the boundaries of the subject site showing the existing grade and proposed future grade. 12. The applicant shall post "No Parking" signs on one side of SW Sophia Lane, and on both sides of SW 148 Terrace. "No Parking" signs shall also be required on both sides of the two private streets. 13. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street shall meet the City's public street standard for a local residential street. 14. Prior to construction, the applicant shall obtain approval from USA for the public sanitary and storm sewer systems in this development. 15. Any extension of public water lines shall be shown on the proposed public improvement 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 public improvement plans from the Engineering Department and construction of public water lines. 16. If the City's flow test of the existing 6 -inch water line in SW 150 Avenue shows that a minimum fire flow of 2,500 gallons per minute (gpm) can not be achieved, the applicant shall participate in the construction of a new 12 -inch public water line that will run from SW Bull Mountain Road to the south boundary of this site. The applicant will be required to design and construct the water line, but will only have to pay for the cost of an 8 -inch line. The City will pay the difference between an 8 -inch line and the 12 -inch line. 17. Prior to construction, the applicant shall obtain approval of the proposed water quality facility from USA. 18. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to 'Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 19. 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. 20. The applicant shall submit a geotechnical report along with the final grading plan. The geotechnical engineer shall be employed by the applicant throughout the entire construction period to ensure that all grading, including cuts and fills, are constructed in accordance with the approved plan and Appendix Chapter 33 of the UBC. A final construction supervision report shall be filed with the Engineering Department prior to issuance of building permits. 21. The final construction plans shall be signed by the geotechnical engineer to ensure that they have reviewed and approved the plans. The geotechnical engineer shall also sign the as -built grading plan at the end of the project. NOTICE OF DECISION PAGE 3 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION 22. 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. Y P R RIO TO APPR OF �TH L PLAT THEfFOLL OWING ` � CON OF A MUST BEjIVIET �` Submit to the Planning Division (Julia Hajduk, 639 -4171, ext. 407) for review and approval: 23. Revise the plan to provide a 20- foot -wide hammerhead for at least the first 32 feet of the private drive (Tract B), for a total of 66 feet from the eastern edge of the hammerhead. 24. Provide revised lot sizes and average lot size calculations after revising the hammerhead to comply with the emergency vehicle turn - around standards. If necessary to meet the standards, a reduction in the total number of lots provided will continue to be in substantial conformity to the proposal and will be permitted. 25. Submit a revised plan that shows the location and species of proposed street trees. 26. Prior to final plat, provide a tree mitigation plan for review and approval that addresses how the required mitigation will be accomplished. 27. Prior to Final Plat, plant (or maintain the bond for) the required on -site tree mitigation and /or pay the fee in -lieu. 28. Provide a pedestrian connection easement to the north and south of the project site. While the ultimate location may be proposed by the applicant, the suggested location is along the private drive (Tract A) and between lots 1 and 2 and between lots 12 and 13. Submit to the Engineering Department (Brian Rager, 639 -4171, ext. 318) for review and approval: 29. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount $540.00. 30. The final plat shall show a ROW dedication for SW 150 Avenue to provide for 33 feet from centerline. 31. The final plat shall show a minimum 42 -foot ROW width for SW Sophia Lane. 32. The final plat shall show a minimum 34 -foot ROW dedication for SW 148 Terrace. 33. Lots 10 and 11 shall not be permitted to access directly onto SW 150 Avenue. 34. The proposed "Landscape Easement" shall be located immediately behind the ROW line and shall ensure a minimum width of 4 feet within which to plan the street trees. The standard public utility easement (PUE) shall be shown separately and behind the Landscape Easement. The applicant shall obtain approvals from all affected franchise utility companies for the proposed 6.5- foot wide PUE prior to plat approval. 35. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private streets will be jointly owned and maintained by the private property owners who abut and take access from them. 36. 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 streets. 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 streets. The applicant shall submit a copy of the CC &R's to the Engineering Department (Brian Rager) prior to approval of the final plat. NOTICE OF DECISION PAGE 4 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION 37. The applicant shall either place the existing overhead utility lines along SW 150 Avenue underground as a part of this project, or they shall pay the fee in -lieu of under grounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 27.50 per lineal foot. If the fee option is chosen, the amount will be $ 7,700.00 and it shall be paid prior to approval of the final plat. 38. 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. 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. 39. 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. 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. C. The right -of -way dedications for all abutting and internal streets shall be made on the final plat. D. NOTE: Washington County will not begin their review of the final plat until they receive a letter from the City Engineering Department indicating: 1) that the City has reviewed the final plat and submitted comments to the applicant's surveyor, and 2) that the applicant has either completed any public improvements associated with the project, or has at least obtained the necessary public improvement permit from the City to complete the work. E. Once the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer's signature. THE FOLLOWING CONDITIONSSHALL BE SATISFIED . ; 4 4<, ,PRIOR TO THE ISSUANCE OF BUILDING PERMITS: e Submit to the Engineering Department (Brian Rager, 639 -4171, ext. 318) for review and approval: 40. Driveway cuts shall not be permitted within thirty feet of intersecting right -of -way lines nor within five feet of property lines. 41. The applicant shall provide the Engineering Department with a mylar copy of the recorded final plat. 42. Prior to issuance of any building permits within the subdivision, the public improvements shall be deemed substantially complete by the City Engineer. 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 completely finished, and 4) all street lights are installed and ready to be energized. 43. If USA approves the StormFilter unit for a water quality facility, prior to issuance of building permits, the applicant shall demonstrate that they have entered into a maintenance agreement with Stormwater Management for the proposed onsite storm water treatment facility. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS' OF THE- COMMUNITY COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST. 18.430.080 Improvement Agreement: 'lefore City approval is certified on the final plat, and before approved construction plans are issued by ie 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 NOTICE OF DECISION PAGE 5 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION 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 und€ 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: Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, anu 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. The tops of all monument boxes shall be set to finished pavement grade. 18.810 Street & Utility Improvement Standards: NOTICE OF DECISION PAGE 6 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION 18.810.120 Utilities All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface - mounted transformers, surface - mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Bond Required All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans, therefore, have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. 4 THIS'APPROVAL SH ii VALID FOR 18 MONTHS F ROM THE EFFECTIVE DATE OF THIS DECISION: SECTION III. BACKGROUND INFORMATION Site History: City records do not indicate any previous development approvals have been granted for this property. The applicant held a pre - application conference with the City as required by the Community Development Code in June of 1999. The applicant submitted the application in January of 2000. Site Information and Proposal Description: The applicant is requesting Subdivision approval to create 18, single - family lots on an approximately 2.74 acre site. The existing house is proposed to be retained, however, the accessory structures will be removed. The applicant has asked to be able to retain the garage on a separate lot until their house is completed, elsewhere. Staff considered this, however, based on the definition of accessory structure "A freestanding structure incidental and subordinate to the main use of property and located on the same lot as the main use" it is clear that the garage may not remain on the lot after the subdivision is platted. This is consistent with past decisions, including the Meyer's Farm Subdivision (SUB 1999 - 00002). While staff understands the need to maintain the garage for a temporary period of time, it would be inconsistent with past practices and the Code and, therefore, can not be ermitted. The garage may, however, remain on the site until the plat is recorded, which may ,provide some additional time since the approval of the construction plans will take some time as well. NOTICE OF DECISION PAGE 7 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION Vicinity Information: The property is outside the City limits but within the Urban Services Area. The properties to the north, south and east are zoned R -7 and developed with large lots that' could be divided in the future.. Directly to the west, across 150' Avenue, is property that is outside of the Urban Growth Boundary. There is a water feature off -site to the east, however, the applicant has provided a wetland report tha indicates that there are no water features within 25 feet of the subject site. Because the application was submitted and deemed complete prior to USA's new standards taking affect, a larger buffer is not required. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The Tigard Development Code requires that property owners within 500 feet of the subject site be notified of the proposal and be given the opportunity to provide written comments prior to a decision being made. Staff received several comments that are summarized below. A summary of the comment or concern is stated in bold and the Staff response to each comment follows. Copies of the letters submitted are in the public record and are available for review at the City. Concerns were raised re arding existing traffic congestion throughout the City. Problems with site distance and pedestrian traffic on 150 . A development can not be denied because of regional traffic problems, however, the developer will be responsible for mitigating any traffic and safety problems created by the development. Traffic issues are discussed under the Street and Utility Improvement Standards section of this decision. Wildlife - Concern that reducing the cover and feed, will drive the wildlife out of the area, to the benefit of no one. It is stated that there is a significant amount of wildlife in this area that contributes to the country feel. There are no provisions within the development code that would allow staff to deny an application because of the potential for disruption of wildlife, unless an area were identified as a goal 5 resource. The site is not listed as a significant natural habitat area on the Bull Mountain Community Plan. Compatibility With Existing Homes: Several people were concerned about compatibility with existing neighborhoods. It was stated that the area is predominantly low density which makes Bull Mountain an attractive place to live. That continual development of high - density subdivisions is ruining the quality of life for those who appreciate space, natural surroundings and a degree of security. Another wrote "the life- style of people forced to live in such limited space does not fit the area's concept of country living." One person questioned why, since the existing homes were permitted to be constructed below the minimum density, why this development couldn't as well. This area has been zoned R -6 since at least 1983. In talking with a Staff member at Washington County, 20 -50 years ago the area did have a much larger lot requirement because the homes were on septic and larger lots were required. Since that time, sanitary sewer has become available to the area and the zone has changed to allow smaller lots. This area is inside the Urban Growth Boundary which means it will be developed at urban densities. When the existing subdivisions were approved, there was no minimum density required. Many of the existing subdivisions in the area would not be approved today because the standards have changed. The minimum density requirement is in response to a Metro mandate that all cities show how they would accommodate projected growth. Development occurring far below the permitted density was one of the reasons Metro required all Cities to incorporate a method for providing for projected growth. By developing lots consistent with the density permitted in the zone, it allows others to have a "better lifestyle" for their families by providing a balance of high, medium and low density developments thus providing housing for a variety of income levels instead of simply low- income and high- income. The R -7 zone is not considered a high density development and has been successfully built in Tigard as well as other cities in the area. By accommodating density within the urban boundary, productive farm land and greenspaces are maintained. The City of Tigard does not have authority to require the developer to create fewer lots than the density allows. If the development meets the standards of the Code, or can be conditioned to meet them, Staff must approve the subdivision. NOTICE OF DECISION PAGE 8 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION Septic tanks One individual wrote that with all of the development occurring, it would only be a matter of time before current property owners would be required to hook up to "a very expensive sewer system" The City's policy is not to force people to hook up to sewer even if it is available. If sewer is available, property owners may hook up to the sewer. They will have to pay a connection fee, and if the sewer was constructed as part of an LID or reimbursement district, they will have to pay their share of the sewer construction. 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 — General Provisions Future re- division Lot size averaging Phased Development B. Subdivision — Approval Criteria C. Applicable Development Code Sections 18.510 Residential zoning districts) 18.705 Access, Egress and Circulation) 18.715 Density) 18.745 Landscaping and screening) 18.765 Off- street parking and loading requirements) 18.790 Tree removal) 18.795 Vision clearance) E. Street and Utility Improvement 18.810 (Street and Utility Improvement Standards) E. Impact Study (18.390) F. Bull Mountain Community Plan SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A — SUBDIVISION GENERAL PROVISIONS: Future Re- Division. When subdividing tracts into large lots, the Approval Authority shall require that the lots be of such size and shape as to facilitate future re- division in accordance with the requirements of the zoning district and this title. None of the lots are large enough to divide in the future, therefore this standard does not apply. FINDING: Because none of the lots are large enough to be re- divided, this standard does not apply. 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 applicant has proposed to use the lot averaging option. The average of all lots is 5,004 square feet. In addition, none of the lots are less than 4,000 square feet which is 80% of the minimum lot size. . - INDING: Because the applicant has not proposed lots less than 80% of the minimum lot size in the zone and the average lot size exceeds 5,000 square feet, this standard is satisfied. NOTICE OF DECISION PAGE 9 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION Phased Development: The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat; The criteria for approving a phased site development review proposal are: a.)The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b.) The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: For purposes of this subsection, a temporary public facility is an interim facility not . constructed to the applicable City or district standard; and The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. The applicant has not proposed a phased development, therefore, this standard does not apply. FINDING: Because the applicant has not proposed a phased development, this standard does not apply. B - SUBDIVISION APPROVAL CRITERIA Approval Standards - Preliminary Plat: The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations The proposed project complies with the Comprehensive Plan's Medium Density Residential designation for the subject property because it complies with the applicable provisions of the Community Development Code which implement the plan. Compliance with the specific regulations and standards will be addressed further within this decision. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. The applicant has provided evidence that the proposed subdivision name has been ' reserved with Washington County, thus insuring that the name is not duplicative. The Streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions or subdivisions 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. Street layout is discussed in more detail, and conditioned if necessary, further in this decision. An explanation has been provided for all common improvements. The applicant has provided . an explanation for all common improvements as required and, therefore, satisfied this criterion. Specific details of the proposed improvements are discussed later in this decision under the Street and Utility Improvement Standards 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. C- APPLICABLE TIGARD DEVELOMENT CODE SECTIONS Residential Zoning Districts (18.510) Purpose Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non - residential development - schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services - at appropriate locations and - f an appropriate scale. NOTICE OF DECISION PAGE 10 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION Encourage construction of affordable housing. Another purpose of these regulations is to create the environment in which construction of a full range of owner - occupied and rental housing at affordable prices is encouraged. This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. R -7; Single - Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre; R -7. The purpose of the R -7 zoning district is to establish sites for single - family detached and attached units for medium density residential developments. The R -7 zoning district has the following dimensional requirements: ,STANDARD,, Minimum Lot Size Detached unit 5,000 sq. ft. Duplexes 10,000 sq.ft. - Attached unit [1] Average Minimum Lot Width Detached unit lots 50 ft. Duplex lots 50 ft. - Attached unit lots 40 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 35ft. Minimum Landscape Requirement 20% [1] Single- family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. The proposed lots range in size from 4,387 square feet to 8,478 square feet. Based on the lot averaging standards of Section 18.430.020.D, lot sizes can be reduced to a minimum of 4,000 square feet as long as the average lot size for the entire subdivision is at least 5,000 square feet. The average lot size for the 18 lots proposed for this subdivision is 5,004 square feet. All of the proposed lots meet the minimum lot size and averaging requirements of the Code. 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. This is not a planned development, therefore, there will be no flexibility in the setbacks. There are several irregular lots that could pose confusion in regard to required setbacks when applying for building permits. In order to minimize confusion, the interpretation of setbacks is as follows: lots 1, 2 and 3 are flac lots for the purpose of determining setbacks. Based on the lot dimensions, Staff finds it feasible hat the required setbacks can be met. FINDING: Based on the analysis above, the residential zoning district dimensional standards are satisfied. Access. Egress and Circulation (18.705): Chapter 18.705 establishes standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. Table 18.705.1 states that the minimum vehicular access and egress for single - family dwelling units on individual lots shall be one, 10 -foot paved driveway within a 15- foot -wide accessway. The minimum access width or 3 -6 dwelling units is 20 feet with 20 feet of pavement. The access and egress into the site itself is discussed later in this decision under the Street and Utility Standards section of this decision. Access to individual lots will be reviewed for compliance during the building permit phase. NOTICE OF DECISION PAGE 11 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION Section 18.705.030.H.4 states that Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet or 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 Building Division has indicated that the entire length of Sophia Lane and 148 Terrace is part of a dead -end street and must, therefore, provide for an emergency turn - around. The Private Drive (Tract B) may serve this purpose, however, the current dimensions do not meet the standard. In order to provide the required hammerhead dimensions, the plan must be revised to provide a 20 -foot width for at least the first 32 feet of the private drive (for a total of 66 feet from the eastern edge of the hammerhead). This will take away from the lot sizes and could affect the average lot size, therefore, a condition is needed requiring the applicant to provide revised lot sizes and average lot size calculations after revising the hammerhead to comply with the emergency vehicle turn - around standards. 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: • Revise the plan to provide a 20- foot -wide hammerhead for at least the first 32 feet of the private drive (Tract B), for a total of 66 feet from the eastern edge of the hammerhead. • Provide revised lot sizes and average lot size calculations after revising the hammerhead to comply with the emergency vehicle turn - around standards. If necessary to meet the standards, a reduction in the total number of lots provided will continue to be in substantial conformity to the proposal and will be permitted: Density Computations and Limitations: Chapter 18.715 implements the Comprehensive Plan by establishing the criteria for determinin - the number of dwelling units permitted. The number of allowable dwelling units is based on tl 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, subtracting sensitive land areas, land dedicated to public parks, land dedicated for public right -of -way and land for private streets from the total site area. Of the total site area (118,787 square feet), 28,714 square feet will be dedicated to public street right -of -way and private streets; there are no wetlands or land dedicated to the public for parks. This results in a net developable area of 90,073 square feet. The maximum number of lots permitted on this site, therefore, is 18 and the minimum number of lots is 14. The applicant's proposal to build 18 lots for single - family detached homes meets the maximum and minimum density requirements in an R -7 zone. FINDING: Because the applicant has proposed 18 lots and 18 lots are the maximum permitted based on the net acreage of the site, this standard has been satisfied. 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 18.745.040.0 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) sh 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 NOTICE OF DECISION PAGE 12 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION • Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 40 feet apart; The applicant has not shown or proposed street trees as part of the plans. In order for staff to confirm that the standards are met, a condition is needed requiring the applicant to submit a plan that shows the location and species of street tree proposed. The exact location for these street trees will also be reviewed and approved as part of the construction permitting. 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 Davis Place Subdivision site is surrounded by detached single- family homes and undeveloped parcels with R -7 zoning. Therefore, this section does not apply. FINDING: Based on the analysis above, staff can not confirm that all of the landscaping and screening standards have been met. If the applicant complies with the condition listed below, the standards will be met. CONDITION: Submit a revised plan that shows the location and species of proposed street trees. Off - Street Parking and Loading Requirements (18.765): 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. Tree Removal: Chapter 18.790 requires mitigation of trees over 12" diameter at breast height (dbh) removed as part of the development of the site. The applicant has submitted a tree inventory prepared by a certified arborist. The tree inventory indicates that there are 27 trees over 12 inches in caliper. Of these, 4 (tree numbers 116, 121,122 and 123) are considered hazardous or in poor condition. Of the remaining non - hazardous trees over 12 inches in caliper, the applicant is proposing to remove 19 and retain 3. The applicant is, therefore, retaining 17.4% of the non - hazardous trees which requires 100% mitigation. The total caliper inches of the trees to be cut is 560, therefore, the applicant will be required to mitigate 560 inches. This number is different from the applicant's statement because the applicant measured inches only, not total number of trees and did not subtract the hazardous trees from the calculations. The applicant has indicated that mitigation will be accomplished by planting 4" street trees on -site. While the over -sized portion of the street trees (2 inches of the 4 inches proposed) can count towards the mitigation, this will not fully address the amount of mitigation necessary. The applicant must submit a mitigation plan that addresses how the 560 inches will be mitigated. On -site mitigation is always preferred over off -site mitigation or the fee in -lieu, however, a combination is permitted. The applicant's • arborist has also provided tree protection recommendations. Following the tree recommendations will help assure that trees to be protected are not damaged during construction. A condition to this affect will be required. FINDING: Based on the analysis above, the Tree Removal standards will be met, if the applicant complies with the conditions listed below: CONDITIONS: Prior to construction, submit a bond, cash deposit or irrevocable letter of credit for proposed on -site tree mitigation for the caliper inches to be removed (560 inches). NOTICE OF DECISION PAGE 13 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION • Prior to construction, submit deed restrictions for the trees proposed to be retained. If any trees currently proposed to be retained are removed, approval must be granted PRIOR to any tree removal, and mitigation requirements adjusted accordingly. • Prior to ANY site work, tree protection measures must be installed for all trees to be retained. Once installed, the tree protection measures must be approved by a certified arborist and a member of the Planning Staff. • Prior to final plat, provide a tree mitigation plan for review and approval that addresses how the required mitigation will be accomplished. • Prior to Final Plat, plant (or maintain the bond for) the required on -site mitigation and /or pay the fee in -lieu. Vision Clearance: Chapter 18.795 applies to all development and requires that clear vision area shall be maintained on the corners of all property adjacent to intersecting right -of -ways and at the intersection of a public street and a private driveway. A visual clearance area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. The applicant has not proposed any structures or vegetation in the vision clearance area. 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. E - 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 privat- facilities and utilities such as streets, sewers, and drainage. The applicable standards a, addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights -of -Way and Street Widths: Section 18.810.030(E) requires a major collector street to have a 60 to 80 -foot right -of -way width and a 44 -foot paved section. Other improvements required may include on- street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. Section 18.810.030(E) also requires a local residential street to have a 42 - 50 -foot right -of -way width and a 24 - 32 -foot paved section. Other improvements required may include on- street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. SW 150 Avenue This site lies adjacent to SW 150 Avenue, which is classified as a major collector on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW east of the centerline, according to the most recent tax assessors map. The applicant should dedicate additional ROW on the final plat to provide a minimum of 33 feet from the centerline to match other dedications in the area. The applicant's plan indicates that they plan to dedicate ROW to provide the 33 feet from the centerline. NOTICE OF DECISION PAGE 14 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION SW 150 Avenue is currently paved, but not fully improved to meet City standards. In order to mitigate the impact from this development, the applicant should construct a half- street improvement adjacent to the frontage of this site. The applicant's plan indicates that they propose to construct a half- street improvement. However, the plan shows the pavement width proposed at 20 feet from centerline. Since this roadway is a major collector street, the paved width must be 22 feet from the centerline. The applicant will need to adjust their construction plans to account for the appropriate width. SW Sophia Lane A new public street will be extended into this site to serve the new lots. The location of the intersection has been reviewed by Staff and is supported. The applicant attempted to work the property owner of Tax Lot 700 (Map 2S1 08DA) to try to locate the new street over the existing 50- foot wide flag pole of Tax Lot 700 (flag pole lies adjacent to the south boundary of the subject site). The owner of Tax Lot 700 was not interested in working with the applicant. The applicant's engineer provided a Future Streets Plan that shows how SW Sophia Lane can provide access to the developable portions of Tax Lot 700, if that property owner choose to develop in the future. Again, Staff supports the intersection location of SW Sophia Lane /SW 150 Avenue. The applicant is proposing to build SW Sophia Lane with a 28 -foot paved width inside of a 40 -foot ROW. The TDC states that the minimum ROW width for a local residential street is 42 feet. A variance to this standard was not requested by the applicant, and can not be granted by Staff. Therefore, the applicant must revise their plan to provide a minimum 42 -foot ROW for SW Sophia Lane. The 28 -foot paved width is supported by Staff, as it appears that this street will never serve more than 50 homes, and would not carry traffic loads in excess of 500 vehicles per day. The reduced paved width does require an on- street parking restriction. The applicant must post "No Parking" signs on one side of this roadway. The applicant's plan indicates that they plan to post the No Parking signs on the north side of the street. The profile of SW Sophia Lane, provided in the preliminary plan, does not show how this street might be extended to the east from this site. There is a drainage area to the east that would need to be crossed. The applicant will be required to provide a profile of this street that extends a minimum of 300 feet beyond the site boundary, as a part of the construction plan submittal. Staff is concerned that the street within this development be constructed to allow for a realistic extension of the street in the future, should approvals for crossing the drainage be obtained. SW 148 Terrace The applicant is showing that a north /south street can be extended to serve A djacent properties in the future. They are proposing to provide a 3 /4- street improvement of SW 148 Terrace adjacent to the eastern boundary of the site. The 3 /4- street improvement will yield a minimum paved width of 24 feet. The applicant's plan shows that they will provide a 24 -foot wide street with curbs on both sides, and sidewalk, street trees and street lights on the west side adjacent to this development. If, in the future, adjacent parcels develop to the extent that a wider street is required, the pavement width could be widened on the east side. Staff and the applicant agreed that the proposed 24 -foot wide improvement is appropriate because there is a chance that adjacent parcels will not develop to thq extent where a wider pavement width is needed. Therefore, the applicant shall construct SW 148 Terrace as shown on the preliminary plan. Since this roadway will only have a 24 -foot paved width, the applicant must post "No Parking" signs on both sides of the street. The applicant's plan indicates this restriction. The profile of SW 148 Terrace, provided in the preliminary plan, does not show how this street might be extended to the north from this site. Staff is concerned that the street within this development be constructed to allow for a realistic extension of the street in the future. Therefore, the applicant will be required to provide a centerline profile extending 300 feet beyond the site boundary, as a part of the construction plan submittal. Street Trees —vs- Public Utility Easements The applicant's plan shows that the street trees on the new local streets will be partially within the rovided ROW, and partially within a 10 -foot wide public utility easement (PUE), where four feet of the PUE would be dedicated for landscape purposes. Staff previously talked to the applicant and their engineer about this and indicated that the street trees must be placed within their own "landscape easement" separate from the standard PUE. Typical PUE widths are 8 feet. The NOTICE OF DECISION PAGE 15 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION applicant's plan only allows for a 6.5 -foot PUE, which may not be acceptable to the franchise utilities that operate in the City (PGE, NW Natural, GTE, cable, etc). The applicant shall demonstrate that they have obtained approval from the utility companies for the reduced PUE width prior to construction plan approval. 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. As was stated above, the applicant has provided a future streets plan with this application. The plan shows that the new local residential streets in this development will be stubbed to the east and north boundaries of this site to provide for future extension for adjacent developments. As was mentioned previously, the applicant will need to provide centerline profiles of the two streets that extend 300 feet beyond the site boundary, as a part of the construction plan submittal. The purpose of this is to make sure these streets can realistically be extended in the future. 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 other 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 fror 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 long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the City. There are no cul -de -sacs proposed within this development. Street Alignment and Connections: Section 18.810.030(G) requires all local 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. 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 two streets proposed in this project are shown to be extended to the east and north boundaries of this site to allow for future extension. 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 less 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 t' edge of the intersecting street at full improvement. NOTICE OF DECISION PAGE 16 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION . . J . SW Sophia Lane, beginning at SW 150 Avenue, will have a grade of 14.70 %, but will decrease to a grade of 9.75% within approximately 150 feet. SW 148' Terrace will have a maximum grade of 12.50% within this site for a distance of approximately 75 feet. Therefore, the grade standard will be met. The applicant will also have to meet the landing requirement. It appears that this requirement will be met. 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 shall minimize the traffic conflicts. The design shall include any of the following: . A parallel access street along the arterial or major collector; . Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; . Screen planting at the rear or side property line to be contained in a 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. All access to the proposed lots will be taken from either SW Sophia Lane oc SW 148 Terrace. Staff is concerned about the narrow width of Lots 10 and 11, which abut SW 150 Avenue. The concern is mainly related to future driveway locations for these lots. City ordinances require that a driveway be located a minimum of 30 feet back from the ROW line of the intersecting street For Lots 10 and 11, the driveways must be located 30 feet back from the new ROW line of SW 150 Avenue. In addition, no driveway can be located closer than five feet to an adjacent property line. With these parameters in place, each lot will be limited to a maximum 20 -foot wide driveway, which will meet City standards, but may not be preferable to the applicant or a future home builder. Staff is only pointing this out to alert the applicant of the issue in the event they want to make adjustments to the lot widths of these lots to allow for wider driveways. 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. Two private streets are proposed in this development: Tracts A and B. Each private street will serve less than six single family lots; therefore, that part of the standard is met. 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) alon with the final plat that will clarify how the private property owners are to maintain the private stree These CC &R's shall be reviewed and approved by the City prior to approval of the final plat. T he City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right -of -way line except: . Where street location is precluded by natural topography, wetlands or other bodies of water or, pre -existing development or; . For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. . For non - residential blocks in which internal public circulation provides equivalent access. NOTICE OF DECISION PAGE 17 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION The perimeter of blocks that will be created as shown on the future street plan are less than 1,800 feet, therefore, this standard will be met as the street connections are made. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right -of -ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. The distance between SW 150 and SW 148 Terrace is slightly greater than 330 feet. The plan does not provide for a pedestrian connection. In order to meet this standard, the applicant must provide a pedestrian connection easement to the north and south of the project site. While the ultimate location may be proposed by the applicant, the suggested location is along the private drive and between lots 1 and 2 and between lots 12 and 13. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. The only lot larger than 7,500 square feet (1.5 times the minimum lot size) is lot 6 which does not have a width greater than 2.5 times the lot depth. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15 -foot frontage or a minimum 15 -foot wide recorded access easement. In cases where the lot is for an attached single - family dwelling unit, the frontage shall be at least 15 feet. All lots will have a minimum of 25 feet of frontage on a public or private street. 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. The applicant will construct concrete sidewalks as a part of their street improvements. 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 i ncluding 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. There is an existing public sanitary sewer line located in SW 150 Avenue that has capacity to serve this site. The primary review for sanitary sewer design for this project will be conducted by USA, as this site is located within their jurisdiction. The applicant must send construction plans directly to USA for their review. The applicant's plan shows that a pew 8 -inch public sanitary sewer line will be extended easterly in SW Sophia Lane, Tract A, SW 148 Terrace and Tract B to serve the new lots 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 ent' upstream drainage area, whether inside or outside the development. The City Engineer sh, 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 in 2000 and including any future revisions or amendments). NOTICE OF DECISION PAGE 18 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION The applicant's public storm drainage system . layout appears to accommodate any upstream runoff that enters this site. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an - existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or 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). In 1997, the Unified Sewerage Agency (USA) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention /effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25 -year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. Since this site does not directly discharge into the Fanno Creek basin, and since this site lies within USA jurisdiction, Staff will defer to USA direction regarding the need for detention. The applicant indicates that they were told by USA that no detention would be required. 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. There are no bikeways within or adjacent to this site, therefore, this standard does not apply. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: The developer shall make all necessary arrangements with the serving utility to provide the underground services; The City reserves the right to approve location of all surface mounted facilities; All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under - Grounding Requirement: Section 18.810.120.0 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 SW 150 Avenue. If the fee in -lieu is proposed, it is 'qual to $27.50 per lineal foot of street frontage that contains the overhead lines. The frontage along is site is 280 lineal feet; therefore, the fee would be $7,700. NOTICE OF DECISION PAGE 19 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION • ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Fire and Life Safety: A thorough review of this issue will be conducted by the Building Division, Public Works Departmen, and TVFR during the construction plan review phase. See the Public W System section below for a discussion of the fire flow capacity of the existing water line in SW 150 Avenue. Public Water System: This site is served by the City's public water system. There is an existing 6 -inch public water line in SW 150 Avenue. The applicant's engineer has had several discussions with the Public Works Department regarding the fire flow capabilities of the existing 6 -inch line, and whether or not the line will need to be upsized. Public Works indicates that they have recently completed a comprehensive hydraulic model of the City's water system. With this new subdivision in place, the existing 6 -inch water line would barely be capable of providing 1,000 gallons per minute (gpm) for fire fighting purposes. TVFR planning guidelines for residential developments indicate that a system must meet a minimum 2,500 gpm flow demand. In order to provide these flows, the existing line must be upsized to a 12 -inch line, per the City's master water plan. The applicant attempted to have a flow test conducted to verify the accuracy of the City model. Unfortunately, there were a number of mistakes made in that test, so it could not be accepted. The Public Works Department is in the process of ordering a new flow test. If that flow test shows that the 2,500 gpm flows can not be achieved by the existing line, the applicant will be required to participate in the construction of a new 12 -inch water line. The new 12 -inch line woulc need to be tied into the existin g line at SW Bull Mountain Road, and extended southerly in SW 150 Avenue. Public Works indicates that the applicant's responsibility would be to extend the 12 -inch line to the south boundary of the site. Public Works would eventually extend that line further south. In addition, the applicant would only need to pay for the cost of an 8 -inch line, as that would be the minimum size to accommodate this development. The City will pay for the difference between the 8 -inch and 12 -inch line. Prior to construction, the applicant's public water plan shall be reviewed and approved by th Engineering and Public Works Departments. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 00 -7) which require the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the USA 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 applicant's plans indicate that they would like to use a StormFilter unit made by Stormwater Management, Inc. The City has allowed this type of facility on one other subdivision, where topography was a challenge. Public Works has been supportive of the use of these units, and believes they will be cheaper to maintain in the long run than typical ponds or swales. As was stated above, the primary review of the sanitary and storm drainage systems will be conducted by USA. It will be USA's decision as to whether or not this unit will be approved for this development. The City supports the use of the unit, and will likely maintain it in the future when this and other parcels in the area become annexed into the City. Grading and Erosion Control: USA Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water systr resulting from development, construction, grading, excavating, clearing, and any other activ . which accelerates erosion. Per USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. NOTICE OF DECISION PAGE 20 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION • A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. The design engineer shall also indicate, on the grading plan, which lots will - have natural slopes between 10% and 20 %, as well as lots that will have natural slopes in excess of 20 %. This information will be necessary in determining if special grading inspections and /or permits will be necessary when the lots develop. The applicant has indicated that they are requesting an "early grading permit ". The Engineering Department adopted a "Grading Only Authorization" policy last summer. This policy was created to allow for grading operations to begin on a subdivision prior to full public improvement plan approval. A full list of criteria was developed, and a developer is allowed to perform grading operations on a site if they meet all of the criteria. It is quite possible that the applicant could meet the criteria and be allowed to perform grading operations under this policy. 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 $ 30.00 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 $540.00 (18 lots X $30 /address = $540.00). Survey Requirements 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. 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. FINDING: Based on the analysis above, the Street Utility and Improvement standards have not been met. If the applicant complies with conditions 4 -22 and 28 -43 specified at the front of this decision, the standards will be satisfied. F. - 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 f 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. NOTICE OF DECISION PAGE 21 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION 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 each trip that i. generated is $189. The total TIF for an attached, single - family dwelling is $1,899. The internal streets within the subdivision are needed to allow the subdivision to develop and the need for streets is created by the subdivision. Because the need for the internal streets is created by the development, the impact of the development is roughly proportional to the cost of dedication and construction of the internal streets. The applicant is proposing to dedicate approximately 13 feet of right -of -way along SW 150th and to make half- street improvements. The estimated cost of half- street improvements along SW 150th is $56,000 (280 feet x $200) and the estimated value of 13 -foot dedication is $10,920 (3,640 square feet x $3 per square foot). Staff from the Engineering Department has estimated the cost of acquisition and construction of the pedestrian paths at $54 joer linear foot. The estimated cost of the pedestrian connections, therefore, is approximately $7,560 ($54 x 140 feet). Upon completion of this development, the future builders of the residences will be required to pay TIF's of approximately $34,182 ($1,899 x 18 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 $106,818 ($34,182 divided by .32). The difference between the TIF paid and the full impact, is considered an unmitigated impact. Since the TIF paid is $34,182, the unmitigated impact can be valued at $72,636. Given that the estimated cost of the dedication and half- street improvements and pedestrian path construction is $74,480 the requirement to make these improvements is roughly proportional to the impact of the development. The rough proportionality test does not require a dollar for dollar match, just that the improvements be roughly proportional to the cost of the development. Because the necessary improvements are only slightly higher than the unmitigated impact, staff finds that the rough proportionality test has been met. G. WASHINGTON COUNTY BULL MOUNTAIN COMMUNITY PLAN This 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 f development within the Urban Services Area. Washington County adopted the City's Developme. 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 Bull Mountain Community Plan (May 12, 1997 Urban Services Intergovernmental Agreement). This project site is not in any of the Areas of Special Concern, nor does it have a natural resource designation identified. The City Attorney has indicated that, because the County preserved the Bull Mountain Community Plan text, resource overlay areas and Goal 5 resources, the substantive standards in the Washington County Code are applicable to these issues. Staff has required the developer to comply with the intent of Bull Mountain Community Plan. This is reviewed below. 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 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 subdivision will be residential in accordance with the current density standards. The street layout proposed will not result in excess traffic due to the design or layout The streets within the development will be improved to local street standards.. 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 " earth movements such as landslides or land failures in the steeply sloped subarea. There are no slopes over 20% on this site, therefore, this standard does not apply. NOTICE OF DECISION PAGE 22 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION • • 3. No grading, filling, clearing or excavation of any kind shall be initiated on steep slopes until a grading plan, as defined in the Community Development Code, is approved. Borrowing to obtain fill material shall be prohibited unless the material is obtained from a cut permitted under an approved grading plan, or imported from outside the hillside area. While there are no slopes on the site greater than 25 %, grading will not be permitted until a grading plan is approved by the Engineering Department. This issue is thoroughly discussed under the Street and Utility Improvement Standards section of this decision. 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 revegetation 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 Vegetation will be removed for the construction of streets and homes within the new subdivision. The applicant has proposed to save as many trees as possible on the site. The site does not have excessive slopes. 5. Because trees are such an important natural and scenic resource on 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 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 applicant will be mitigating 100% of the inches removed, therefore, this standard will be met through mitigation. 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 waterflow. As discussed previously in this decision, there are no streams within the project area. The future street plan has considered the location of the existing stream to the east. 7. Use of powerline easements for farm operations, open space, and wildlife habitat shall be encouraged as appropriate in this subarea. There is not a powerline easement within or adjacent to this site, therefore, this standard does not apply. 8. This Design element refers to Area of Special Concern 1, which is not within the project area. Therefore, this element does not apply. 9. This Design element refers to Area of Special Concern 2, which is not within the project area. Therefore, this element does not apply. 10. This Design element refers to Area of Special Concern 3, which is not within the project area. Therefore, this element does not apply. FINDING: Based on the information provided by the applicant and the analysis above, Staff finds that the standards of the Bull Mountain Community Plan are be satisfied. NOTICE OF DECISION PAGE 23 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION SECTION VI. OTHER STAFF COMMENTS The Tigard Building Division has reviewed this proposal and has offered the following comments: SW 148th Terrace dead -ends for Fire Department turn around. The private tract "B" will not comply with approved dead -end requirements. Staff response: This has been addressed and conditioned under the access, egress and circulation section of this decision. The City of Tigard Operations Department has reviewed the proposal and offered the following comments: I would like to see the developer try to save the Sequoia tree (115). Is it possible for them to design the roadway to have an island there with the tree in the island. This would also help to slow traffic down as it would act as a calming device. It may decrease the size of lot #5 but would still be buildable. Staff response: While it may have been possible for the applicant to propose such a measure to save this tree, staff can not require the applicant to do this. In addition, this tree is in the middle of the proposed street. The street could not have been adjusted to save this tree without significantly reducing the number of lots that could be provided and creating an efficient street system for future development on surrounding properties. The City of Tigard Operations Utility Manager has reviewed the proposal and provided the following comments: The City of Tigard has just completed a comprehensive hydraulic model of our water service area. I have requested that MSA (consultant that developed and calibrated our model) run an analysis on our system with this ne subdivision included in our system. The results are that the existing 6 inch water main in SW 150 can barely achieve 1,000 GPM and we have significantly reduced pressures throughout the grid. Under TVF &R guidelines for R -7 development, the existing system can not meet minimum flow requirements (2500 GPM). Developer will need to participate i proposed 12 -inch main construction on 150 from Bull Mountain Road or connect existing 12 -incl water main from Chardonnary Estates with 8 inch water main. The Tigard Police Department and Long Range Planning Division, have reviewed the proposal and have offered no objections. SECTION VIII. AGENCY COMMENTS The Unified Sewerage Agency of Washington County has reviewed this proposal and has offered comments which have been incorporated into the body of this decision. Permits will be required through USA. US Army Corps of Engineers has reviewed the proposal and has provided the following comments: From the enclosed maps, it is not clear whether a jurisdictional wetland exists on the property. If a wetland is present on the proposed development site, a Department of Army authorization may be required. Staff response: The applicant has submitted a Wetland Determination prepared by Pacific Habitat Services that indicates there are no wetlands on site or within 25 feet of the subject site. Tualatin Valley Fire and Rescue, Washington County, Oregon Division of State Lands, Portland General Electric, US West, NW Natural Gas, GTE, Tri -met and TCI Cable have reviewed this application and have offered no comments or objections. NOTICE OF DECISION PAGE 24 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION • 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 MAY 9, 2000 AND EFFECTIVE ON MAY 24, 2000 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall 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 3:30 PM ON MAY 23, 2000. 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. May 9, 2000 PREPAR BY: Julia Po ell Hajduk DATE Associate Planner )(. f •Ai May 9, 2000 APPR•VED BY: Richard Be ers• •rff DATE Planning .nager is \ curpin \julia \sub \Davis Place.doc NOTICE OF DECISION PAGE 25 OF 25 SUB2000 -00001 DAVIS PLACE SUBDIVISION CITY OF TIGARD PLANNING DIVISION /COMMUNITY DEVELOPMENT DEPARTMENT A lilt CRY OF TIGARD I 101' . 101' 88' - -_...-1 fl REMOVE FEMr.JE I — N 1 2 0 3 I EX. GARAGE 4 RAMP F01.H'E ; LA ° • 5,389 S.F. 4,733 S. 4,400 S.F. 4 , 38 7 S.F. . ff 89 • - 25'_. �r 25',. 6 63 25'�. 88 RFM• 1V `= If ° 38' 38 PRIVATE DRIVF1Op t ' 56' 33' b t �, , ??' ' L� C I `' /' TRACT R >' 7.6' 40' I J A g 33 r Lr —TA W —13' 7.6' `_ C >:. !-1,-,(1 EL— --•— 2 0' -F- . D 20' DEDICATION 9 � _ 8 - 7 _ ! T_1 REM AIN —1 5 Q , — 3.5' Z 10 _ 8 S — • W I 5,502 S.F. 4,940 S.F. n 5;475 S.F. I 4,999 S.F. _I I ca -iI 8,478 S.F,. 4 ' 907 S.F. - --..- 8.6 — 341,0' Q D- i \ . \ 37' 51' 56' 50' 92' 40' ... 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VE 111 ■■ Ir EMI kA l • • r . �� l z susJEC o TAX LOTS '� ; MI ,__ r 4 0 0 200 400 600 Feet I 1 "= 473 feet 11 1eQ H' 111. ‘111111111111M City of Tigard Information on thi map is for general location only and 0) A A • • ■ • should be verified w ith the Development Services Division. , IF .� ' 13 , O Hall Blvd . Tigard, OR 97223 • � . t - \ - I Imo _ (503) www.ci 9i .Community Dev tnt Plot date: Jan 31, 2000; C: \magl,.,,riAGICO3.APR