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SUB2000-00008 Decision - SAGELAND PARK SUBDIV. I `` r ,. NOTICE OF 'TYPE II DECISION "URBAN SERVICE AREA " SUBDIVISION (SUB) 2000 - 00008. ' 4 CITY OF TIGARD Cominuntty /DeVeropmerlt SITE DEVELOPMENT REVIEW (SDR) 2000-00020 srm tt er Community 120 DAYS = 3/19/2001 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: SAGELAND PARK SUBDIVISION CASE NOS. Subdivision (SUB) Type II SUB2000 -00008 Site Development Review (SDR) Type II SDR2000 -00020 PROPOSAL: The applicant has requested approval of the following: A Subdivision and Site Development Review for new construction of eleven (11) single - family attached units, each on its own lot. APPLICANT: JLS Investments, Inc. OWNERS: Irene L. Wasson & 2110 NW Aloclek Drive, #606 JLS Investments, Inc. Hillsboro, Oregon 97214 3314 SW Rhino Way Attn: Jason Sage Portland, Oregon 97201 COMPREHENSIVE PLAN DESIGNATION: Medium High Density Residential. ZONING DESIGNATION: R -25: The R -25 zoning district is designed to accommodate existing housing of all types and new attached single - family and multi - family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. LOCATION: 11570 SW Graven Street; Washington County Tax Assessor's Map 2S115BD, Tax Lots 1900 and 2001. The project is located on the east side of Pacific State Highway 99W on Graven Street. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.370, 18.390, 18.430, 18.510, 18.705, 18.720, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810. SECTION II. DECISION p- I , , Notice is "hereby - :given that "the, City of Tigard mun Comity Developmen ctor : t `'Dires designee has APPROVED 'the above request g sub ect to'cd ain conditions The findings and conclusions on which the decisionwis$.b are noted in ection ,VII " ;;; :"b . _ ,,; ; . . NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 1 OF 28 , CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED _ PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION, AND /OR FILL ACTIVITIES: Submit to the Engineering Department (Brian Rager, 639 -4171, ext. 318) for review and approval: 1. Prior to construction, a Street Opening Permit will be required for this project to cover the sidewalk and driveway work in SW Graven Street. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. 2. 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 who 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, LLC, etc. Also, specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 3. Prior to construction, the applicant shall obtain a Site Permit from the Building Department to cover all grading for the lot(s), all on -site private utility installation (water, sewer, storm, etc.) and all driveway construction. NOTE: this permit is separate from any permit issued by the Engineering Department for work in the public right -of -way. 4. The applicant's construction plans shall indicate that they will construct the following frontage improvements along SW Graven Street as a part of this project: A. 5 -foot concrete sidewalk; B. street trees behind the sidewalk spaced per Tigard Development Code (TDC) requirements; C. driveway aprons. Submit to the Planning Division (Karen Perl Fox, 503 - 639 -4171, ext. 315 for review and approval: 5. Prior to issuance of a site permit, the applicant shall provide elevation drawings dimensioning the building height in accordance with TDC Section 18.120.030, No. 33 and Figure 18.120.1. The buildings shall not exceed the maximum height requirement of 45 feet in accordance with TDC Table 18.510.2. - 6. The applicant shall revise the landscape plan. The applicant shall indicate on the plans that street trees shall be a minimum caliper of two inches at four feet in height above grade. Street trees shall be located as close to the street as practical, but no closer than two feet from the face of the curb and any permanent hard surface paving or walkway. The applicant shall provide a letter from a certified arborist recommending the spacing distance needed from the sidewalk or hard surfaces for the survival of the proposed street trees for review and approval, and shall incorporate said distances in the landscape plan. Clear vision shall be maintained between three and eight feet in height where street trees are located in the area of visual clearance in accordance with TDC Section 18.795.030.B. 7. The applicant shall revise the landscape plan and dimension spacing between the buffer area trees in accordance with Section 18.745.050.B.4, and indicate that buffer trees shall have a minimum caliper of two inches at four feet in height above grade. The applicant sh provide a reference from a standard landscape or gardening source to confirm th classification of the tree size (for the buffer spacing proposed), including tree height and branching width at maturity, and suitability for the Willamette Valley Climate. NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 2 OF 28 8. The applicant shall revise the landscape plan and indicate the location of the 40 inch DBH Douglas Fir and the 12 inch Red Alder near the site that according to the City Forester shall be protected in addition to on -site trees proposed for retention. 9. In addition, the applicant shall incorporate orate on the landscape plan all of the notes, and specifications for tree protection and planting recommended by the City Forester in the attached letter dated December 7, 2000 hereto made part of this decision. Submit to the Building Division (Bob Poskin, 503 - 639 -4171, ext. 392) for review and approval: 10. Prior to issuance of a site permit, the applicant shall submit plans to Tualatin Valley Fire and Rescue Department for review and approval and shall provide to the Building Division. TVF &R shall determine the location and quantity of fire hydrants. THEFOLLOWING CONDITIONS�SHALL BE SATISFIED PRIOR TO RECORDING OF THE- FINALPLAT ;....���, .�:.... �,�� ,.. s , _ � � ��w.;���,: Submit to the Engineering Department (Brian Rager, 63 -4171, ext. 318) for review and approval: 11. Prior to recording of the final plat, the applicant shall pay the address fee of $330.00 (STAFF CONTACT: Kit Church, Engineering). 12. Additional right -of -way shall be dedicated to the Public along the frontage of SW Graven Street to increase the right -of -way to 25 feet from the centerline. This dedication shall be shown on the face of the final plat. 13. Prior to recording of the final plat, the applicant shall demonstrate that they have obtained final approval from USA for the proposed sanitary and storm drainage plan for the project. 14. 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. 15. 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 dedication for SW Graven Street 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 CONDITIONS SHALL BE SATISFIEDl TO ,THHE ISSUANCE OF BUILDING- PERMITS max. ..1 NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 3 OF 28 . I • Submit to the Engineering Department (Brian Rager, 639 -4171, ext. 318) for review and approval: 16. Prior to issuance of the building permits, the applicant shall pay the standard water quality fee per lot (fee amount will be the latest approved by USA). 17. The applicant shall provide the Engineering Department with a mylar copy of the recorded final plat. 18. Prior to issuance of building permits, all utility work related to the new lots shall be completed. 19. Prior to issuance of the building permits, the applicant shall either place the existing overhead utility lines along SW Graven Street underground as a part of this project, or they shall pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the amount will be $5,088.00 and it shall be paid prior to a final building inspection. THEAFOLLOWING CONDITIONS SHALL BEISATISFIED PRIOR TO£THE FINAL BUILDING INSPECTION BEING PERFORMED: 4 ... Submit to the Building Division (Bob Thompson 639 -4171, ext. 358) for review and approval. 20. Street trees shall be planted in accordance with the size and spacing standards of TDC Section 18.745.040, and the approved landscape plan. As some street trees may be planted on private property, they shall not be cut down, and shall be maintained and replaced if lost due to disease or hazard. ICANT SHO BE AWARE #OFTH IN ADDITION, THE APPL FOLLOWING SECTIONS OF THE COMMUNITY CODE, THIS KNOT ANVXCLUSIVE LIST 18.430.080 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As required by Section 18.430.080, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 4 OF 28 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, and necessary data or narrative. • The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights -of -way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set: 1. All centerline - centerline intersection points; 2. All cul -de -sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul -de -sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.810 Street & Utility Improvement Standards: 18.810.120 Utilities All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface - mounted transformers, surface - mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Bond Required All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. • Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 5 OF 28 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 therefor 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. IN ADDITION, THE APPLICANTSHOULD BE AWARE OFAHE FOLLOWING GENERALPROVISIONS'r THIS IS NOT AN EXCLUSIVE LIST = , a te,. . . r All sign changes and additions shall be submitted as part of a separate sign permit application, and are not addressed in this decision. No new signs shall be placed or altered prior to review and approval by the City in accordance with Tigard Development Code (TDC) Chapter 18.780, Signs. TDC Section 18.725.020 requires compliance with applicable state and federal regulations pertaining to noise, odor and discharge of matter into the atmosphere, ground, sewer system or stream. All future tenants shall be in compliance with the Environmental Performance Standard as set forth in federal and state environmental laws, rules and regulations, and compliance is a continuing obligation of the property owner and operator. Signs which are placed on parking Tots shall be designed and installed in accordance with TDC Chapter 18.780. Visual clearance shall be maintained at the access to the site in accordance with TDC Chapter 18.795. In no case shall trees near the access have branches below eight feet. The applicant shall comply with State and Federal regulations regarding the disturbance of archaeological sites and Native American graves under the Indian Graves Protection Statutes (ORS 97.740.990) and the Protection of Archaeological Sites (ORS 358.905.955 and ORS 390.235.240). The applicant shall stop work and immediately notify the Oregon State Historic Preservation office, and the City of Tigard Planning Department. If suspected Native American human remains are found follow these procedures: First call the nearest office of the State Police; Second, if the remains are Native American, call the Legislative Commission on Indian Services at the State Capitol at 503 - 968 -1067; and Third, call the State Historic Preservation Office at 503 - 378 -4168, ext. 232. THISAPP,ROVAL BE VALIDFORI:18 MONTHS1E FROM THE EFFECTIVE DATEOF THIS'DECISION SECTION III. BACKGROUND INFORMATION Site History: The site is located south of the Regal Terrace Subdivision, which fronts Graven Street on the north side. Vicinity Information: The site is located in the "Urban Services Area" of Tigard, east of 99W (Pacific Highway West), near the east end of Graven Street. The Graven Street block, on the north and south side, is zoned Medium High - Density Residential, R -25. To the west and north of the site is property in single - family residential use. There are two buildings located on the adjacent property to the east of the site (Tax Lot 1800), a residential style building and carport; according to the applicant, the buildings are used for storage. To the south of the site is the Avalon Park Apartments. NOTICE OF TYPE 11 DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 6 OF 28 Site Information and Proposal Description: The site is comprised of two lots, Tax Lot 2001 and 1900. Tax Lot 1900 is located on a cul -de -sac which is at the east terminus of Graven Street. The proposal includes the new construction of 11 'attached single - family dwellings, or rowhouses, on individual lots. SECTION IV. DECISION MAKING PROCEDURES, PERMITS AND USE Use Classification: Section 18.130.020. Lists the Use Categories. The applicant is proposing to construct 11 new rowhouses on Tax Lot 1900 and 2001. This use is classified in Code Chapter 18.130 (Use Classifications) as Household Living. The site is located within the Medium High- Density Residential District. Table 18.510.1 lists Household Living Retail as a permitted use in the R -25 zone. Summary Land Use Permits: Chapter 18.310 Defines the decision - making type to which the land -use application is assigned. This is a new construction proposal requiring Subdivision and Site Development Review and is, therefore, defined as a Type II Application. Decision Making Procedures: Chapter 18.390 Describes the decision - making procedures. Type II procedures apply to quasi- judicial permits and actions that contain some discretionary criteria. Type II actions are decided by the Director with public notice, and appeals are heard by the Hearing's Officer. SECTION V. NEIGHBORHOOD COMMENTS The Tigard Community 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. The applicant met with neighboring property owners during the neighborhood meeting and subsequently changed their previous multi - family dwelling proposal to townhouses as a result of input from neighbors who attended the meeting. Four letters of support for rowhouses for the project were received prior to the end of the comment period. One neighborhood comment was received during the comment period from Mr. Joseph Muniz, at 11615 SW Graven St, commented that he does not support the construction of rowhouses, and would prefer single - family detached units. Staff Response: The site is zoned R -25, and requires a minimum density of eleven (11) units. Attached single - family units are allowed in R -25. Further, single - family detached units would not be able to meet the minimum density for the site. SECTION VI. 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. Land Divisions 18.430.020 Subdivision — (General Provisions) 18.430.040 Subdivision — (A Criteria: Preliminary Plat) B. Zoning Districts 18.510 (Residential Zoning Districts) NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 7 OF 28 • C. Specific Development Standards 18.705 Access, Egress & Circulation) 18.715 Density Computation) 18.720 Design Compatibility) 18.725 Environmental Performance Standards) 18.745 Landscaping and Screening) 18.765 Off - Street Parking and Loading Requirements) 18.780 Signs) 18.790 Tree Removal) 18.795 Visual Clearance) Land Use Decisions D. 18.360 Site Development Review- Specific standards) E. 18.390 (Im a ct Study Section 18.390.040) F. Street and Utility Improvement Standards 18.810 (Street and Utility Improvement Standards) The proposal contains no elements related to the provisions of these Specific Development Standard Code Chapters: 18.710 (Accessory Residential Units), 18.730 (Exceptions to Development Standards), 18.740 (Historic Overlay), 18.742 (Home Occupations), 18.750 (Manufactured /Mobile Home Regulations), 18.755 (Mixed Solid Waste & Recyclable Storage) 18.760 (Nonconforming Situations), 18.775 (Sensitive Lands), 18.785 Temporary Uses, 18.797 (Water Resources Overlay District), 18.798 (Wireless Communication Facilities). These Chapters are, therefore, found to be inapplicable as approval standards. SECTION VII. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: A. LAND DIVISIONS - SUBDIVISONS: CHAPTER 18.430 Subdivision General Provisions: Section 18.430.020 Future Re- Division: Section 18.430.020.0 When subdividing tracts into large Tots, 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. FINDING: This standard is met, because no future re- division is possible under the current zoning. Lot Size Averaging: Section 18.430.020.D Section 18.430.020.D states Lot size may be averaged to allow Tots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. The minimum lot size for single - family attached dwelling units in the R -25 zone is 1,480 square feet. Proposed lots for the project range in size from 1,555 square feet to 2,200 square feet. All lots, therefore, exceed the minimum lot size requirement. FINDING: As the applicant has not requested lot averaging, and none is necessary to meet the minimum lot size requirement, this standard is met. Subdivision Approval Criteria (Preliminary Plat): 18.430.040 The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations NOTICE OF TYPE 11 DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 8 OF 28 The proposed project complies with the Comprehensive Plan's Medium -High Density Residential District designation for the subject property because it meets 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. Graven Street is an existing street. Street improvements are addressed under Section 18.810 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 18.810. FINDING: Based on the analysis above, the proposal meets, or will be conditioned in this decision to meet, the preliminary plat approval standards for subdivisions. B. ZONING DISTRICT Residential Zoning District: Section 18.510.020 Lists the description of the Residential Zoning Districts. The site is located in the R - 25: Medium High Density Residential. Development Standards: Section 18.510.050 States that Development standards in residential zoning districts are contained in Table 18.510.2 below: EXCERPT FROM TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARDS ME 1:),UtiVXM414f ,. ,, ;. ,.;, Minimum Lot Size - Detached unit 1.480 sq. ft. 3,050 sq. ft. per unit - Attached unit 1,480 sq. ft. - Duplexes 6,100 sq. ft. or 3,050 sq. ft. per unit - Boarding, lodging, rooming house 6,100 sq. ft. Average Lot Width None None Minimum Setbacks - Front yard 20 ft. 15 ft. - Side facing street on corner & through lots 20 ft. 10 ft. -Side yard 10 ft. 5ft.[1] - Rear yard 20 ft. 15 ft. - Side or rear yard abutting more restrictive zoning district 30 ft. 30 ft. - Distance between property line and garage entrance 20 ft. 20 ft. Maximum Height 45 ft. 45 ft. Maximum Lot Coverage [2] 80% 80% Minimum Landscape Requirement 20% 20% [1] Except this shall not apply to attached units on the lot line on which the units are attached. [2] Lot coverage includes all buildings and impervious surfaces. * Multiple - family dwelling unit ** Single- family dwelling unit NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 — SAGELAND PARK PAGE 9 OF 28 • The total site area including both Tax Lot 2001 and Tax Lot 1900 is 19,417 square feet. The Tots range in size from 1,555 to 2,200 square feet. The total building footprint area ranges from 616 square feet on Lot 1, to 756 square feet on Lot 11. Total lot coverage (building footprint plus impervious surface) rances from 37.9% on Lot 1, to 63.6% on Lot 9. The smallest lot (Lot 10) is 1,555 square feet wii:'h total lot coverage of 911 square feet; therefore, the total site coverage is 58.6 %, and the total landscape coverage is 41.4 %. The largest lot (Lot 1) is 2,220 square feet with total lot coverage of 834 square feet, or 37.9% and total landscape coverage of 62.1%. Lot 9 is 1,630 square feet with lot coverage of 1,031 square feet, or 63.6% and total landscape coverage of 36.4 %. Lot 9 has the greatest percentage of lot coverage of all the eleven (111) proposed Tots. All lots meet the minimum landscape coverage of 20% and do not exceed the maximum lot coverage of 80 %. All front yard setbacks are 20 feet or greater, meeting the minimum requirement of 20 feet. All rear yard setbacks are 25.34 feet or greater, meeting the minimum requirement of 20 feet. The applicant proposes six (6') foot side yard setbacks, which will be designated as drainage easements, along the east and west edges of the site. The proposed height of each rowhouse is approximately 30 feet as measured off the plans to the midpoint, described as the average height of the highest gable of a pitched or hipped roof of the gable under Section 18.120.030, Definition No. 33 (See Figure 18.120.1). Therefore, the proposed height is less than the maximum 45 -foot building height in the R -25 zone. The applicant's plans, however, do not dimension the building height in accordance with the building height definition in the Tigard Development Code (TDC). FINDING: These criteria are not met. In order to meet these criteria, the following condition shall be satisfied: CONDITION: Prior to issuance of a site permit, the applicant shall provide elevation drawings dimensioning the building height in accordance with TDC Section 18.120.030, No. 33 and Figure 18.120.1. The buildings shall not exceed the maximum height requirement of 45 feet in accordance with TDC Table 18.510.2. C. SPECIFIC DEVELOPMENT STANDARDS: CHAPTER 18.700 Site Development Review Approval Standards: Chapter 18.360 is applicable to all new developments and major modifications of existing developments. It defines the Applicability of Provisions, the Approval Process, and the Approval Criteria for the standards contained in the Community Development Code. Site Development Review: Section 18.360.090 requires that a development proposal be found to be consistent with the applicable criteria in the Community Development Code. The applicable Tigard Community Development Code (TDC) criteria in this case are listed in the Summary of Applicable Criteria above in Section VI. of this decision. A list of the non - applicable criteria can also be found there. The following addresses the Specific Development Standards in the TDC: ACCESS. EGRESS. AND CIRCULATION: CHAPTER 18.705 Minimum access requirements for residential use: Section18.705.030H. 1. Vehicular access and egress for single - family, duplex or attached single- family dwelling units on individual lots and multi - family residential uses shall not be Tess than as provided in Table 18.705.1 and Table 18.705.2; NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 10 OF 28 TABLE 18.705.1 VEHICULAR ACCESS /EGRESS REQUIREMENTS: RESIDENTIAL USE (6 OR FEWER UNITS) Number Dwelling Minimum Number of Minimum Access Width Minimum Pavement,Width Unit /Lots Driveways Required 1 or 2 1 15' 10' 3 - 6 1 20' 20' All eleven (11) lots meet the minimum access width of 15 feet and the minimum pavement width of 10 feet. 2. Vehicular access to multi - family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; This criterion is not applicable as the proposed project is attached single - family dwellings, not multi - family structures, as defined under Chapter 18.120, Definitions, No.62.e.1. 1. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code; Private residential access drives are proposed, therefore, this criterion is met. Ongoing maintenance of the access drives in accordance with the Uniform Fire Code is anticipated. 2. 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. A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; b. 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;. c. The maximum cross slope of a required turnaround is 5 %. No access drives are in excess of 150 feet, therefore, no turn - around is required. 3. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length; This criterion is not applicable as the condition described does not exist on the site. 4. Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no Tess than 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site. The driveway approaches are to a local street (Graven Street), therefore, this criterion is not applicable. FINDING: This criterion is met, as the specific standards are either met or not applicable as described above. DENSITY COMPUTATIONS: CHAPTER 18.715 Density Calculation: 18.715.020 A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed: NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 11 OF 28 + 1 • All sensitive land areas: a. Land within the 100 -year floodplain; b. Land or slopes exceeding 25 %; c. Drainage ways; and d. Wetlands. • All land dedicated to the public for park purposes; • All land dedicated for public rights -of -way. When actual information is not available, the following formulas may be used: Single- familyy development: allocate 20% of gross acreage; Multi- family development: allocate 15% of gross acreage. • All land proposed for private streets; and • A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. The maximum number of residential units for the entire site is calculated by dividing 19,417 by 1,480 square feet per unit which equals 13.12 and is rounded down to 13 units. The total number of units proposed is eleven (11), therefore, this standard is not exceeded. FINDING: The proposed eleven (11) units do not exceed maximum density or thirteen, therefore, this standard is met. C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80% (0.8). The minimum number of residential units for the entire site is calculated b multiplying the maximum number of units 13.12 x 80% which equals 10.50; and 10.50 is rounded up to 11 units minimum. The applicant proposes eleven (11) units on the site, therefore, this standard is met. FINDING: The standard for minimum density is met. Applicability of Provisions: 18.720.020 These provisions apply to all multi - family and attached single - family residential projects in zoning districts R-4.5 through R-40 that abut property zoned for single- family residential development. These standards are not applicable to this site as the abutting property is zoned R -25, Medium- Density Residential, which is not considered to be zoned for "single- family residential development." ENVIRONMENTAL PERFORMANCE STANDARDS: CHAPTER 18.725 Requires that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited DEQ rules for odors (340 -028 -090) apply. NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 12 OF 28 Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. As this is a typical attached single - family project, which is a permitted use in the R -25 zone, the above performance standards are met. FINDING: This standard is met. LANDSCAPING AND SCREENING: CHAPTER 18.745 Establishes standards for landscaping, buffering and screening to enhance the aesthetic environmental quality of the City. Street Trees: Section 18.745.040 Development projects with more than 100 feet of frontage along a street or private driveway plant street trees in accordance with Section 18.745.040.C. Section 18.745.040.0 provides specific requirements for tree spacing including: Landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in Subsection 2 which includes the specific spacing of street trees by size of tree, small, medium or large. Except for signalized intersections as provided in Section 18.745.040.H, trees shall not be planted closer than 20 feet from a street intersection, nor closer than two feet from private driveways (measured at the back edge of the sidewalk), fire hydrants or utility policies to maintain visual clearance; Section 18.745.040.G, Granting of Adjustments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 18.370.020.C.4b The property has approximately 182 lineal feet of frontage along Graven Street, however, the majority of the frontage is taken up with access approaches. If large trees are planted no greater than 40 feet a art, approximately five (5) trees would be required. The applicant proposes to plant six (6 large Northern Red Oak (Quercus -rubra /maxima). The applicant has submitted a letter dated April 18, 2000 from a certified arborist, David Halstead of Halstead's p , Arborculture Consultants, recommending this tree species for the site. The arborist's letter states that this tree will attain heights in excess of 40 feet with a limb spread of 35 feet or more. A large tree under Section 18.745.040 is defined as "over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater than 40 feet apart." Three of the proposed street trees are shown on the landscape plan within the visual clearance triangle. Some of the trees shown on the applicant's landscape plan are set back approximately seven (7) feet from the sidewalk on private property. FINDING: The criterion for street trees has not been satisfied. If the condition below is satisfied, then the criteria will be met. CONDITION:The applicant shall revise the landscape plan. The applicant shall indicate on the plans that street trees shall be a minimum caliper of two inches at four feet in height above grade. Street trees shall be located as close to the street as practical, but no closer than two feet from the face of the curb and any permanent . hard surface paving or walkway. The applicant shall provide a letter from a certified arborist recommending the spacing distance needed from the sidewalk or hard surfaces for the survival of the proposed street trees for review and approval, and shall incorporate said distances in the landscape plan. Clear vision shall be maintained between three and eight feet in height where street trees are located in the area of visual clearance in accordance with TDC Section 18.795.030.8. NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 13 OF 28 • Buffering and Screening: Section 18.745.050 Buffering and Screening: Section 18.745.050.A.2 Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). EXCERPT FROM TABLE 18.745.1 BUFFER MATRIX Single Units, Attached SSingle`Units Attached'Single Units" Detached, "`and Multifamily, And Multifamily EXISTING /ABUTTING USE ,=Manufactured Units Units Duplexes 5+ Units p Detached Single Units; Manufactured Units -- A C Attached Single Units and Multifamily, A — B 1 -5 Units, Duplexes Attached Single Units and Multifamily, A A -- 5+ Units Mobile Home Parks A A B Commercial Zones (CC, CG, CP, CBD) C C C Neighborhood Commercial Zone (CN) C C C Mixed Use Employment Zone (MUE) C C C Light Industrial Zones (IP, IL) D D D Heavy Industrial Zone (IH) D D D Parking Lots C C C Arterial Streets A A A Note: See Table 18.745.2 for alternative combinations for meeting these screening requirements. TABLE 18.745.2 BUFFER COMBINATIONS FOR LANDSCAPING AND SCREENING [1] Options Width feet) Trees Shrubs or Groundcover Screening kitt. p er li n ear fe of b uffer) A -- 10 -- Lawn /living groundcover -- -- 10 20' min /30' max spacing Lawn /living groundcover -- B 1 10 Shrubs 4' hedges C 2 8 15' min /30' max spacing Shrubs 5' fence 3 6 Shrubs 6' wall 1 20 Shrubs 6' hedge D 2 15 10' min /20' max spacing Shrubs 6' fence 3 10 Shrubs 6' wall 1 30 10' min /20' max spacing Shrubs 6' hedge or fence E 2 25 Shrubs 5' earthen berm or F -- 40 10' min /20' max spacing Shrubs 6' hedge, fence, [1] Buffers are not required between abutting uses that are of a different type when the uses are separated by a street as specified in Section 18.745.050 A2. [2] Adjustments from these requirements can be obtained; see Section 18.370.020 C4. Buffering and Screening Requirements: Section 18.745.050.B A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses. The Buffer Matrix Table 18.745.1 indicates that where the attached single - family units abut detached single - family units to the east and west, the Buffer and Screening Standard is C. No buffer is required along Graven Street as buffers are not required between abutting uses tha' are of a different type when the uses are separated by a street as specified in Section 18.745.050.A.2. No buffering or screening is required along the southern property line as the site abuts a multi-family complex, greater than 5 units. NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 — SAGELAND PARK PAGE 14 OF 28 The applicant proposes buffers to the east and west of the site including a six (6') foot high wall and a six (6') foot buffer with trees (Japanese Maple or Sweet Gum) and shrubs (Azalea or Rhododendron) to meet the required Standard C. One existing tree (8' DBH) is proposed to be retained along the western buffer. Buffer area trees shall be spaced to meet spacing standards in accordance with Section 18.745.050.B.4, and shall have a minimum caliper of two inches at four feet in height above grade. The applicant shall provide a reference from a standard landscape or gardening source to confirm the classification of the tree size (for the spacing proposed), including tree height and branching width at maturity, and suitability for the Willamette Valley Climate. Buffering and Screening are addressed further under the Site Development Review Criteria: Section 18.360.090.A.4 Buffering, Screening and Compatibility between adjoining uses. Screening: Section 18.745.050.B.5 Where screening is required, the following standards shall apply in addition to those required for buffering: 1) A hedge of narrow or broadleaf evergreen shrubs that will form a four (4) foot continuous screen of the height specified in Table 18.745.2 within two (2) years of planting, or; 2) An earthen berm planted with evergreen lant materials that will form a continuous screen of the height specified in Table 18.745.2 within two (2) years. The unplanted portion of the berm shall be planted in lawn, ground cover, or bark mulch, or; 3) A fence or wall of the height specified in Table 18.745.2, shall be constructed to provide a continuous sight obscuring screen. The applicant proposes a six -foot (6') high concrete wall along the east and west of site, and a six foot (6') high fence along the south property line to meet Standard C screening. In addition, the applicant proposes a six (6') foot high fence along the south property line, and between each the lot lines for each of the eleven (11) lots. Buffering and Screening Requirements: Section 18.745.050.B A.buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length of the property line of the abutting use or uses. FINDING: The Buffering and Screening standards are not met. However, the standards will be met if the following condition is met: CONDITION:The applicant shall revise the landscape plan and dimension spacing between the buffer area trees in accordance with Section 18.745.050.B.4, and indicate that trees shall have a minimum caliper of two inches at four feet in height above grade. The applicant shall provide a reference from a standard landscape or gardening source to confirm the classification of the tree size (for the buffer spacing proposed), including tree height and branching width at maturity, and suitability for the Willamette Valley Climate. Screening: Special Provisions: Section 18.745.050.E Requires the screening and landscaping of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all p arking areas, and shall be equally distributed on the basis of one (1) tree for each seven 7) parking spaces in order to provide a canopy effect. The minimum dimension on the andscape islands shall be three - feet -wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. There are no proposed parking lots, therefore, this criterion is not applicable. Screening of service facilities. Except for one - famil and two - family dwellings, any refuse container or disposal area and service facilities such as gas meters and air conditioners which would otherwise be visible from a public street, customer or resident parking area, any public facility or any residential area shall be screened from view by placement of a solid wood fence or masonry wall between five and eight feet in height. All refuse materials shall be contained within the screened area; Screening of refuse containers. Except for one- and two - family dwellings, any refuse container or refuse collection area which would be visible from a public street, parking lot, residential or NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 15 OF 28 • • commercial area, or any public facility such as a school or park shall be screened or enclosed from view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse and shall be contained within the screened area. The proposed project is attached single - family dwellings, therefore, this criterion is not applicable. OFF - STREET PARKING AND LOADING REQUIREMENTS: CHAPTER 18.765 This Chapter is applicable for development projects when there is new construction, expansion of existing use, or change of use in accordance with Section 18.765.070 Minimum and Maximum Off - Street Parking Requirements. General Provisions: Section 18.765.030 Location of vehicle parking. The location of off - street parking will be as follows: Off - street parking spaces for single - family and duplex dwellings and single - family attached dwellings shall be located on the same lot with the dwellings(s). The applicant has proposed two (2) off - street parking spaces per attached single - family dwelling unit. One (1) space in a single car garage, and one (1) space in the driveway in front of the garage. General Design Standards: Section 18.765.040 Access Drives: Section 18.765.040.H.2 Off - street parking spaces for single and two - family residences shall be improved with an asphalt or concrete surface; The applicant proposed to improve the off - street parking spaces with asphalt or concrete. Space and Aisle Dimensions: Section 18.765.040.N Except as modified for angled parking in Figures 18.765.1 and 18.765.2, the minimum dimensions for parking spaces are: • 8.5' x 18.5' for a standard space; • 7.5' x 16.5 for a compact spaces; and • As required by applicable State of Oregon and federal standards for designated disabled person parking spaces; • The width of each parking space includes a stripe which separates each space. Aisles accommodating two—way direction traffic, or allowing access from both ends, shall be 24 feet in width. The applicant has proposed two off - street parking spaces for each single - family attached dwelling unit on the lot where the unit is located. All driveways are a minimum of 20 feet in length and 10 feet in width. In addition, each unit has a single car garage with dimensions exceeding the minimum required for a standard parking space. FINDING: This standard is met. Bicycle Parking Design Standards: Section 18.765.050 A minimum of two bicycle parking rack spaces in any development. Bicycle parking areas shall be provided at locations within 50 feet of the primary entrances to structures; Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. In accordance with Table 18.765.2, no bicycle parking is required for singe units, attached. FINDING: This standard is met. NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 16 OF 28 • Minimum and Maximum Off - Street Parking Requirements: Section 18.765.070 Minimum and Maximum Off - Street Parking Requirements: Section 18.765.070.H The Director may reduce the total required off - street vehicle parking spaces per Section 18.765.070.H by up to a total of 20% by means of parking adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020.C.5a. Table 18.765.2 Minimum and Maximum Required Off - Street Vehicle and Bicycle Parking Requirements M c' MINIMUMe' \,ZONErA roar-W ZONE B I BICYCLE �.. RESIDENTIAL Household Living Single Units, Attached See Multifamily (M) none (M) none (M) none Single Units, Detached 1.0 /DU none (M) none (M) none Accessory Units 1.0 /DU none none none Duplexes none Multifamily Units DU <500 sq ft: 1.0 /DU (M) none (M) none (M) 1.0/2 DUs except elderly, 1 bedroom: 1.25/DU (M) which is 1.0/20 DUs 2 bedroom: 1.5 /DU (M) 3 bedroom; 1.75/DU (M) The minimum number of parking spaces can be determined from TDC Table 18.765.2 above. Attached single- family dwelling units are subject to the same requirements as multi - family units for minimum parking requirements. As all dwellings are proposed as two- bedroom units, 1.5 parking spaces are required for each of the eleven (11) units. Therefore, a total of 16.50 parking spaces, rounded up to 17 spaces are required. The parking ratio is met with one single car garage per unit and one driveway parking space per unit, for a total of 22 spaces. FINDING: This standard is met as the minimum of 17 off - street parking spaces are provided. TREE REMOVAL: CHAPTER 18.790 A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include. identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. There were seven existing trees on the site according to the applicant's arborist report dated December 21, 1999 by Halstead's Arboricultural Consultant's. The findings in that report are as follows: Tree No. 1, a 9 inch Dogwood, is the only tree proposed to be preserved. Trees no. 2 (20" Maple), No. 3 (20" Cherry) and No. 4 (8" Locust) are hazardous. Trees No. 5, 6, and 7 c6 ", 8" and 14" Locusts) are considered very dangerous, and of these only Tree No. 7 is over 12' in caliper. Trees No. 2 -7 apparently have already been removed from the site. No mitigation is required of the applicant as there are no on -site trees proposed for removal over 12" that are not considered hazardous or very dangerous in the arborist report. However, in accordance with the letter of comment dated December 7, 2000 provided by the City Forester, Matt Stine, any tree that will not be removed onsite that is within the limits of disturbance of this project shall be protected. Any tree located on property adjacent to the construction shall be protected. Specifically relating to this project are two trees that will be affected by construction activities at this site: a 40 inch DBH Douglas Fir located on the property of the adjacent landowner, and a 12 inch DBH Red Alder. Specific tree protection measures are specified in the City Forester's letter of comment attached and hereto made a part of this decision. FINDING: This standard is not met. In order to meet this standard, the applicant shall meet the following condition: NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 — SAGELAND PARK PAGE 17 OF 28 ,- i CONDITION:The applicant shall revise the landscape plan and indicate the location of the 40 inch DBH Douglas Fir and the 12 inch Red Alder near the site that, according the City Forester, shall be protected in addition to on -site trees proposed for retention. In addition, the applicant shall incorporate on the landscape plan all of the notes, and specifications for tree protection and planting recommended by the City Forester in the attached letter dated December 7, 2000 hereto made part of this decision. Visual Clearance Areas: Section 18.795 Clear vision area shall be maintained on the corners of all roperty adjacent to intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height, measured from the top of the curb, or where no curb exists, from the street center grade, except the trees exceeding this height may be located in this area, provided all branches below eight feet are removed. For arterial streets the visual clearance shall not be Tess than 35 feet on each side of the intersection. The applicant has shown 30 -foot visual clearance triangles on each side of the centerline of the accesses to the site on the site plan. The applicant has proposed three street trees in the area of visual clearance. As long as these trees have branches trimmed and maintained between 3 feet - and 8 feet, they are allowable in the visual clearance triangle. FINDING: This standard is met. D. ADDITIONAL SITE DEVELOPMENT REVIEW CRITERIA: CHAPTER 18.360 Site Development Review Approval Criteria (Section 18.360.090.A): Provides additional Site Development Review approval criteria not necessarily covered by the provisions of the previously listed sections. The following standard is inapplicable No. 8. (100 -year floodplain). Relationship to the Natural and Physical Environment: Section 18.360.090.A.2 Buildings shall be: • Located to preserve existing trees, topography, and natural drainage where possible based upon existing site conditions; Six out of the seven trees that were existing on the site have been removed as they were deemed hazardous or very dangerous in the applicant's arborist report. The site is relatively flat with a roughly one to two -foot slope across the site to the northeast. • Located in areas not subject to ground slumping or sliding; The applicant has stated that no ground slumping is evident on the site. • Located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire- fighting; and With the proposed staggering of buildings and buffers along the east and west of the site, the attached buildings are located to provide adequate light, and air circulation. All units are accessible for fire- fighting directly via an individual driveway to that unit. Adequacy of fire - fighting and location of fire hydrants shall be determined by the Tualatin Valley Fire and Rescue Department (TVF &R). • Oriented with consideration for sun and wind. The three story units are oriented north -south and the building mass is oriented east -west. A! units have glazing on the south elevation on all three levels for natural lighting. The fact that the units are attached, and staggered will provide some protection from southwesterly and northwesterly winds; the units setback from an adjacent unit will gain some wind protection. NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 18 OF 28 FINDING: Given the site configuration, the proposed buildings meet this standard for siting and orientation, however, adequate fire- fighting shall be determined by the TVF &R and shall be satisfied in order to meet this standard as conditioned below. CONDITION: Prior to issuance of a site permit, the applicant shall submit plans to the Tualatin Valley Fire and Rescue Department for review and approval, and the TVF &R shall determine the location and quantity of fire hydrants. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. Tree removal and preservation is under Chapter 18.790, Tree Removal, in this decision. Exterior Elevations: Section 18.360.090.A.3 Along the vertical face of single-family attached and multiple family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: 1. Recesses, e.g. decks, patios, entrances, floor area, of a minimum depth of eight feet. 2. Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and 3. Offsets or breaks in roof elevations of three or more feet in height. The applicant has paired the units in order to offset the front facade of the buildings. Each pair has been offset eight (8') feet from the adjoining pair. Each pair of units is 30 feet in width. This design meets either standard No 1 or 2 above. Each unit has a gabled roof with an elevation measured to the midpoint of the gable of approximately 7 feet which meets standard No. 3 above. Therefore, two of the three standards are met above. FINDING: This standard is met. Buffering, Screening and Compatibility between adjoining uses: Section 18.360.090.A.4.a Buffering shall be provided between different types of land uses, for example between single - family and multiple- family residential, and residential and commercial uses, and the following factors shall be considered in determining the adequacy of the type and extent of the buffer: • The purpose of the buffer, for example to decrease noise level, absorb air pollution, filter dust, or to provide a visual barrier; • The size of the buffer required to achieve the purpose in terms of width and height. • The direction (s) from which buffering is needed; • The required density of the buffering; and • Whether the viewer is stationary or mobile. The purpose of the buffer is to provide a visual barrier and allow for Tight and air circulation between the proposed buildings and adjacent single - family and other differing uses. The Buffering and Screening standards in this Section are incorporated and addressed under Section 18.745.050 in this decision. Section 18.360.090.A.4.b requires that on -site screening from view of adjoining properties of such things as service and storage areas, parking Tots, and mechanical devices on roof tops, i.e., air cooling and heating systems, shall be provided and the following factors will be considered in determining the adequacy of the type and extent of the screening: • What needs to be screened; • The direction from which it is needed; • How dense the screen needs to be; • Whether the viewer is stationary or mobile ;and • Whether the screening needs to be year around. Screening standards in this Section are incorporated and addressed under Section 18.745.050 in this decision. NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 19 OF 28 Privacy and noise: multi - family or group living uses: Section 18.360.090.5 a. Structures which include residential dwelling units shall provide private outdoor areas for each ground floor unit which is screened from view by adjoining units as _ provided in Subsection 6.a below; b. The buildings shall be oriented in a manner which protects private spaces on adjoining properties from view and noise; c. On -site uses which create noise, light, or glare shall be buffered from adjoining residential uses; and d. Buffers shall be placed on the site as necessary to mitigate noise, light or glare from off -site sources. • This standard is not applicable as this is a proposal for attached single - family dwellings which are defined as "single - family dwelling ", not multi - family uses, under Chapter 18.120.030 (No. 62). Private outdoor area: multi - family use: Section 18.360.090.A.6 a. Private open space such as a patio or balcony shall be provided and shall be designed for the exclusive use of individual units and shall be at least 48 square feet in size with a minimum width dimension of four feet; and (1) Balconies used for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit; and (2) Required open space may include roofed or enclosed structures such as a recreation center or covered picnic area. b. Wherever possible, private outdoor open spaces should be oriented toward the sun; and c. Private outdoor spaces shall be screened or designed to provide privacy for the users of the space. This standard is not applicable as this is a proposal for attached single - family dwellings which are defined as "single- family dwelling ", not multi - family uses, under Chapter 18.120.030 (No. 62). Shared outdoor recreation areas: multi - family use: Section 18.360.090.A.7 a. In addition to the requirements of subsections 5 and 6 above, usable outdoor recreation space shall be provided in residential developments for the shared or common use of all the residents in the following amounts: ( (1) Studio up to and including two- bedroom units, 200 square feet per unit; and 2 Three or more bedroom units, 300 square feet per unit. b. The required recreation space may be provided as follows: (1) It may be all outdoor space; or (2) It may be part outdoor space and part indoor space; for example, an outdoor tennis court, and indoor recreation room; or ( (3) It may be all public or common space; or 4 It may be part common space and part private; for example, it could be an outdoor tennis court, indoor recreation room and balconies on each unit; and (5) Where balconies are added to units, the balconies shall not be less than 48 square feet. c. Shared outdoor recreation space shall be readily observable to promote crime prevention and safety; This standard is not applicable as this is a proposal for attached single- family dwellings which are defined as "single- family dwelling ", not multi - family uses, under Chapter 18.120.030 (No. 62). NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 20 OF 28 Demarcation of Semi - Public and Private Spaces for Crime Prevention: Section 18.36O.09O.A.9 Structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi - public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility. As the entire site will be subdivided into eleven (11) Tots, there are no public, or semi - public gathering places or areas other than the public street. Private outdoor areas are defined by fences along the lot lines for each of the eleven (11) lots clearly establishing maintenance responsibility. FINDING: This standard is met. Crime Prevention and Safety: Section 18.360.O9O.A.1O The location of windows, interior laundry and service areas, and mailboxes be located to prevent crime so that areas vulnerable to crime can be observed by others. Exterior lighting levels be selected and the angles shall be oriented towards areas vulnerable to crime and shall be placed in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that Tight patterns overlap at a height of seven feet which is sufficient to illuminate a person. There are windows and or sliding glass doors located on each floor of each unit including the front and rear elevations, with the exception of the ground floor front elevation. A porch light will be provided for each unit. There are no common interior laundry or service areas. The mailboxes will be located adjacent to the public street. FINDING: The Police Department has not provided any objections or concerns with regard to the proposal. Therefore, this criterion is satisfied. Public Transit: Section 18.36O.09O.A.11 Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to existing or roposed transit route. Facilities that may be required after City and Tri -Met review are: (11) Bus stop shelters; (2) Turnouts for buses; and (3) Connecting paths to the shelters. The subject site fronts Graven Street which is a local street. The closest access to public transit is off of Pacific Highway (99W) to the immediate west of Graven Street. FINDING: As the site is not adjacent to an existing or proposed transit route, no transit facilities are required. Landscaping Plan: Section 18.36O.O9O.A.12 All landscaping shall be designed in accordance with the requirements set forth in Chapter 18.745. • All landscaping shall be designed in accordance with the requirements set forth in Chapter 18.745. • In addition to the open space and recreation requirements of subsection 6 and 7 above, a minimum of 20 percent of the gross area including parking, loading and service areas shall be landscaped; and a minimum of 15 percent of the gross site area shall be landscaped. • A minimum of 15 percent of the gross site are shall be landscaped. As this project is single - family attached dwellings on separate lots, these standards do not apply. However, the applicable standards for maximum lot coverage and minimum landscape coverage in the R -25 zone are addressed under Chapter 18.510, and landscaping requirements are addressed under Chapter 18.745 in this decision. This standard is not applicable. Drainage: Section 18.36O.O9O.A.13 All drainage plans shall be designed in accordance with the criteria in the adopted master drainage plan. NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 21 OF 28 This criterion is addressed under Street and Utility Improvements, Section 18.810.100.A and D under this decision. Provision for the disabled: Section 18.360.90.14 All facilities for the disabled shall be designed in accordance with the requirements set forth in ORS Chapter 447; The Americans with Disabilities Act (ADA) became effective on January 26, 1992. All parking areas shall be provided with the required numbers and sizes of disabled person parking spaces as specified by applicable State of Oregon and federal standards. All disabled person parking spaces shall be signed and marked on the pavement as required by these standards. As this project is single - family attached dwellings on separate lots, this standard is not applicable. E. IMPACT STUDY: Section 18.390.040.B.e Requires that the applicant shall include an impact study. 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 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 the dedication of real property interest, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the.development. The applicant submitted a brief impact study as follows: "The development will add approximately 110 vehicles per day to the existing traffic on SW Graven Street. This equates to approximately 11 vehicles during the peak hour. This is normally considered a low impact and does not require a separate traffic study. This small amount of traffic will not have an adverse impact on SW Graven Street or Highway 99. Public transportation is available along the Pacific Highway, Hwy 99. This is a short walk from the - site down SW Graven Street. Public transportation can absorb the additional ridership generated by the project. The drainage system serving SW Graven Street is adequate to serve the project with the inclusion of storm water detention for the project. The closest park is Avalon Park, a short distance to the south. This park will not be adversely impacted by the new residents usage. The distance from the project to the park means that there will be no direct impact as may be the case if the two parcels were adjacent. Public water is available in SW Graven Street with adequate supply for both domestic and fire protection as per City of Tigard Public Works. Public sanitary sewer is available in SW Graven Street and, according to the Unified Sewerage Agency, there is adequate capacity to serve the project. An additional 11 dwelling units will add additional street and yard noise associated with any dwelling. A 6' high concrete block wall will separate the rowhouses from the single - family residence to the west. Additional fencing between units will provide additional noise barriers as well as privacy." ROUGH PROPORTIONALITY ANALYSIS . Based on a transportation impact study prepared by Mr. David Larson for the A -Boy Expansion /Dolanll /Resolution 95 -61, TIF's are expected to recapture 32 percent of the traffic impact of new development. Presently, the TIF for each residential trip that is generated is $213. According to the Washington County TIF ordinance, 32 percent of a projects impacts are met by its TIF assessment in Tigard. This leaves 68% unmitigated. The actual cost of system improvements per trip generated by new development on the Tigard street system can be determined by the following equation (Larson, p y rson, Mackenzie Engineering, Dolan Findings, June 1995): NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 22 OF 28 • • $213 divided by .32 equals $665.6 ($213 is the residential use trip rate per trip TIF assessment according to the Washington County TIF ordinance effective July 1, 2000). According to the ITE manual figures and the TIF ordinance, an attached residential unit (under the category Residential Condominium) generates 5.86 average weekday trips per dwelling unit per day. As there are eleven (11) units, 64.46 trips are generated per day for this site. Credits for mitigated costs The applicant is required to dedicate additional right -of -way to provide a consistent 25 feet from centerline of the street, and provide a sidewalk along the western portion of the frontage of Tax Lot 2001 to match the existing sidewalk to the east. The applicant is entitled to a credit for mitigated costs of sidewalk improvements and the roughly five (5') feet of dedicated land. There is roughly 70 lineal feet of required sidewalk improvements along the frontage of the existing Tax Lot 2001. The City Engineer estimates a value of $54 per lineal foot for the cost of purchasing land for right -of -way dedication plus the sidewalk improvements, or a value of $3,780. Estimate of Unmitigated Impacts Full Impact $64.46 x 665.6= $42,905 Less TIF Assessment $64.46 x $213= $13,730 Less Cost of Dedication & Improvements $54 x 70= $ 3,780 Estimate of Unmitigated Impacts $25,395 FINDING: Using the above cost factors, it can be determined that the unmitigated impacts exceed the costs of the conditions imposed and, therefore, the conditions are roughly proportional and justified. F. PUBLIC FACILITY CONCERNS: STREET AND UTILITY IMPROVEMENTS STANDARDS: CHAPTER 18.810 Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a 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 local residential street to have a 42 to 50 -foot right -of -way width and 24 to 32-foot paved section. Other improvements required may include on- street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Graven Street, which is classified as a local residential street on the City of Tigard Transportation Plan Map. At present, there is approximately 20 to 25 feet of ROW from centerline adjacent to this site, according to the most recent tax assessor's map. The applicant should dedicate additional ROW to provide a consistent 25 feet from centerline. The applicant's plans indicate they will dedicate the additional ROW. SW Graven Street is currently paved to a 32 -foot curb -to -curb width. The only features that would be needed in order to bring this street up to current standard would be sidewalk and street trees. In order to mitigate the impact from this development, the applicant should construct a concrete sidewalk and plant street trees along the frontage of the site. NOTICE OF TYPE 11 DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 23 OF 28 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 has agreed to install a concrete sidewalk along the frontage of this site. 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 Graven Street that can serve this site. Since this site i s within the Urban Services Boundary (USB), USA has jurisdiction over the public sanitary and storm sewer facilities. The applicant's plans indicate that there are three existing laterals that can service proposed Lots 3, 6 and 11. The remaining lots will be served by new service lines that must be tapped into the main line. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 2000 and including any future revisions or amendments). The proposed plan adequately accommodates upstream runoff that reaches 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. The applicant's plan indicates they will provide a 30 -inch detention pipe on this site to accomplish the 25 year detention. From the detention pipe, a discharge line will be connecter to the main line in SW Graven Street. NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 24 OF 28 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. The City's adopted pedestrian /bikeway plan does not include a bikeway or pedestrian path. Cost of Construction: Section 18.810.110.B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. This is inapplicable. Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane. Minimum width for two -way bikeways separated from the road is eight feet. This is inapplicable. 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 on SW Graven Street. If the fee in -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 185 lineal feet; therefore, the fee would be $5,088. ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 25 OF 28 • Public Water System: This site will be served from the City's public water system. The Public Works Department submitted comments regarding this application. The new services to the proposed lots will be installed by the Public Works Department, because there is an existing main line in the street. Water meter locations shall not be located in sidewalks or driveways; they may only be placed in landscaped areas. There are three existing water services that will need to be removed. Removal of these services will be completed by Public Works, but the applicant will be invoiced for that work. 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. The applicant has requested that they be allowed to pay the fee in -lieu of water quality facility, because when the engineer attempted to size an appropriate facility for this project, the resulting control orifice size was less than ' /4- inches in diameter. This size of an orifice is too small to prevent constant clogging. Staff concurs with the applicant's engineer that an onsite facility for this project is impractical, and supports the payment of the fee in -lieu. The final approval, however, must be obtained from USA. 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 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 grading and erosion control plan must be submitted to the Building Division as a part of the site permit submittal. 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 issuance of the site permit. For this project, the address fee will be $330.00 (11 lots X $30.00 /address). SECTION VIII. OTHER STAFF COMMENTS City of Tigard Building Division has reviewed this proposal and has offered the following comments: 1. Must comply with BCD interpretative ruling 00 -10. 2. Fire hydrant location and number to be approved by TVF &R. City of Tigard Police Department has reviewed this application and has no objections to it. City of Tigard Property Manager has reviewed this application and has no objections to it. The City of Tigard Operations Department has reviewed this application and offered the following comments: Please note that services (water) will be installed by Tigard Public Works since there is an existing water main on SW Graven Street. Water meter locations shall not bE located in sidewalk or driveways, only in landscape areas. There are three existing water services that will need to be removed. Removal will be completed by Tigard Public Works and developer will be invoiced for work. Since this is a town home project, will the buildings have fire sprinkler systems? NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 26 OF 28 The City of Tigard Urban Forester has reviewed this application and offered comments regarding tree protection devices, tree species selection and planting which are incorporated into this decision under Chapter 18.790, Tree Removal and attached. SECTION IX. AGENCY COMMENTS Unified Sewerage Agency (USA) has reviewed this application and provided comments which are incorporated and addressed under Section 18.810 in this decision. Washington County has reviewed this application, but did not submit any comments. ODOT has reviewed this application and has no objections or comments. Tualatin Valley Fire and Rescue were notified, however, no comments were provided. Tri -Met was notified but no comments were provided. GTE was notified, but no comments were provided. PGE reviewed this application and offered no comments or objections. NW Natural Gas was notified, but no comments were provided. TCI Cable reviewed this application and offered no comments or objections. Tigard/Tualatin School District #23J was notified, but no comments were provided. SECTION X. 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 DECISI DECEMBER 21;-200b,, AND BECOMES, , iEFFECTIVE ON JANU 2001 4UNLESSAN ISFILED Appeal: The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal ' or Type III Procedure) is final for purposes of appeal 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 the 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 conceming 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. NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 - SAGELAND PARK PAGE 27 OF 28 THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM AN JANUARY 8, 2001. 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. P et / December 21. 2000 PREPAR D Y: Karen Perl Fox DATE Associate Planner iW December 21, 2000 APPROVED BY: Richard Bewersdorff DATE Planning Manager 1:curpin \karen \sub /sub00- 8dec.doc NOTICE OF TYPE II DECISION SUB2000- 00008 /SDR2000 -0020 — SAGELAND PARK PAGE 28 OF 28 ATTACHMENT MEMORANDUM CITY ,..� ti .,,,r - -. R® tl � f Ei re TO: Matt Scheideger _, �,,., OREGON FROM: Matt Stine, City Forester RE: Sageland Park DATE: December 7, 2000 Matt, As requested by Julia I have provided some comments on the "Sageland Park" project. If you have any questions or concerns regarding my comments please contact me anytime. TREE PROTECTION DEVICES 1) All tree protection devices shall be located on the Tree Protection Plan. Any tree that will not be removed onsite that is within the limits of disturbance of this project must be protected. Any tree located on property adjacent to the construction project must also be protected. 2) Details and specifications are required as to how the trees will be protected on site. The details and specifications are included in this memo. 3) Provide a construction sequence including installation and removal of tree protection devices, clearing, grading, or installation of sediment and erosion control measures, and other activities that may be required to implement the tree protection measures. 4) Include in the notes on the final set of plans that equipment, vehicles, machinery, dumping or storage, or other construction activities, burial, burning, or other disposal of construction materials must not be located inside of any tree protection device. No grading, filling or any other construction activity may occur within the tree protection devices at any time unless approved by the City Forester. 5) All tree protection devices shall be: • Visible. • Well- anchored. • Approved in the field prior to clearing, grading, or the beginning of construction. • Remain in place and maintained until all construction is completed and a final inspection is conducted. 6) All tree protection devises shall be constructed according to the attached illustrations (Figures D -5 and D -6). 7) To determine the size of the tree protection zone follow the guidelines listed below: 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 • For individual trees follow the trunk diameter method. For every one -inch of diameter at breast height (DBH), or 4 1 /2 feet above the ground, allow 1foot of space from the trunk of the tree. For example, a tree that is 15" at DBH must have at least 15' of tree protection zone around the entire canopy of the tree. • For groups of trees the tree protection zone must be outside of the dripline of the trees on the edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the trunk diameter method or the dripline method, whichever is greater. 8) Identify, on the Tree Protection Plan, the location of the stockpile area and the staging area (if different from the stockpile area). 9) All of this information must be included in the final plan's notes or drawings. 10) Specifically relating to this project are two trees that will be affected by construction activities at this site. • One tree is a 40" DBH Douglas fir (Pseudotsuga menziesii) located on the property of the adjacent landowner. Based on the construction plans that I received extensive grading and construction will occur within the tree's critical root zone thus jeopardizing the health and well being of the tree. This tree shall receive the same root -zone protection as if it were located onsite. Follow the guidelines listed above. All guidelines must be strictly adhered to and followed at all times. • The second tree is a 12" DBH red alder (Alnus rubra). This tree shall receive the protection as listed above. All guidelines must be strictly adhered to and followed at all times. TREE SPECIES SELECTION & PLANTING 1) All plant quality must be selected according to the American National Standards Institute's standard for nursery stock (Z60). This document is also known as the Nursery Stock (ANSI Z60 American Standard for N ry Z60). ( ) 2) All tree planting must follow the guidelines set forth by the International Society of Arboriculture's tree planting guidelines as well as the standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10 edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. These guidelines must be followed and adhered to at all times. 3) In order to develop tree species diversity onsite the following guidelines must be followed: • No more than 30% of any one family shall be planted onsite. • No more than 20% of any one genus shall be planted onsite. • No more than 10% of any one species shall be planted onsite. 4) All of this information must be included in the final plan's notes or drawings. If you have any questions please call me anytime. Thank you for requesting my comments on this project. Sincerely, /i Matt Stine City Forester j 1i _ — , • • , __ GEOGRAPHIC INFORMATI, YSrEM >- 1 - - / ��' VICINITY MAP ) –; ! I -- ; - - - - -- I - - - - - -- _ / _ / ...._ "URBAN SERVICE AREA" 01 — — ur .i �;,__�__ __ SUB2000-00008 � I NI E I — ::0020 , i_____( r �� � ,-...1 PARK PARK l J / __ SUBDIVISION ( (3 i �i ; 1 I �i \-L I Iz 1 n 1I►11it( I SW KING RICHARD DR L_LI± m i < rn I_ _FISC.HER_RD____ 1 7 0wA cr SWN GRAVEN ST 112:11 IL__ 2 SUBJECT N _ TAX LOTS iALAICT 1 _ 0 100 200 300 400 500 Feet F;, _,,,,,,,I _ _ 1 "= 376 feet 5 5 L1.) Alb, �1. • City of Tigard Information on this map is for general location only and 2 should be verified with the Development Services Division. 0 13125 SW Hall Blvd LL _ Tigard, OR 97223 U (503) 639.4171 Q — f _ http://www.ci.tigard.or.us Community Development Plot date: Nov 28, 2000; C: \magic\IVIAGICO3.APR • _I._ 7 - CITY OF TIGARD PLANNING DIVISION /COMMUNITY DEVELOPMENT DEPARTMENT 41. 4 � CITY OF TIGARD / R E G P 1 t ERRP C E � / / _ I in 1 S. W. GRAVEN STREET ,.. 7 --------- .. 7 - _ - _ - _ - _ : • NEW 0DEWAI PVBUC 110.' ' ' �k ADEWAI ', , .. 1... . •' r , \ . 1� Ellie - • ' A • 1 , 147.0 r F , • El£v 147.0 •a l • 20 01' • 0 0 0 0 �: 1 1 E>f17TUJG SINGLE FAMILY 1 X X X X X X X -1--E I POLE 1 RESIDENCE 1 gI d d, 1 BARN L__, 1 LO .- In Ln L J , •- FFLOISI EO R EOM x X 0.0 �_ - -� S: rAX or moo 3X I I ELEV.. 147.0 ELEM. . I4zo RNAED x ` r - - - - � 11.01' ROOT 0 1 Y _ = ELEM.. 147.0 FINISNED 1 • -� ry N n o e N �n o .c N FLOOR ,� , n o m N ay.. 117 0 00' Oo 0o 00 00 a0 O. 0 - h ✓ §E, a -F .p - .D OJ _i i0 80 0 ^ STORAGE SHED 0�9. e`i TAX LOT MOO nor 6 AMF'.1r7 mar INip' COY ARD CI1'Y OF TiGARD .. ... ... a. 4l. SUB 2000- 00008 /SDR2000 -00020 SITE PLAN N SAGELAND PARK SUBDIVISION (Map is not to scale)