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Hearings Officer Packet - 03/13/1995 A S' CITY OF TIGARD OREGON TIOARD N$ARINOS OFFICER PUBLIC NOTICE; Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Planning Commission meetings by noon on the Monday prior to the meeting. Please call 639-4171, Ext. 320 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above. (OVER FOR MEETING AGENDA ITEMS) nGARD HEARINGS OFFICER - 3/13/95 PAGE 1 OF 2 hAtogin\patty\hoagend3.13 CITY OF TIGARD HEARINGS OFFICER MARCH 13, 1995 - 7:00 P.M. AGENDA 1. CALL TO ORDER 2. PUBLIC HEARING 41 2.1 SUBDIVISION SUB 94-0006 ROGERS LOCATION: 9185 SW 66th Avenue (WCTM 1S1 25DA, tax lot 800). A request for Subdivision preliminary plat approval to divide an approximately 1.45 acre parcel into seven lots ranging between 7,500 to 9,536 square feet. APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.2.1, 7.3.1, 7.4.4, 7.5.2, 7.6.1, 8.1.1, and 8.1.3; Community Development Code Chapters 18.50, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.114, 18.150, 18.160, and 18.164. ZONE: R- 4.5 (Residential, 4.5 units/acre) The R-4.5 zone allows single-family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. 3. OTHER BUSINESS 4. ADJOURNMENT TIGARD HEARINGS OFFICER - 3/13/95 PAGE 2 OF 2 h:\1ogin\patty\hoagend3.13 C1TY0FT1t*ARD COMMUN" DEVELOPMENT DEPARTMENT 13125 SW Hall Blvd P.O. Bout 23391, Tigmd, Oregon 97223(503) 639.4175 0 CRYOF111?AiEif? onwm COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 6840360 BEAVERTON, OREGON 97075 Legal Notice Advertising • City of Tigard • ? Tearsheet Notice 13125 SW Hall Blvd. • Tigard,Oregon 97223 • ? Duplicate Affidavit AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. • 1, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Ti garrl-T „a 1 at; n Ti a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaiq county and state; that the Hearincis-SUB 94-0006 Roaers a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: February 2,1995 Legal Notice TT B 0 9 7 The following will be considered by the Tigard Hearings Officer on Mon- day, February..l 3-1495. at 7.00 P.M. at the Tigard Civic Center - Town Hall 13125 S.W. Hall Blvd., Tigard, Oregon 97223. Both public oral, and written testimony is invited. The public hearing on this matter will be con- ducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the Hearings Officer. Failure to raise an issue in person or by letter precludes an appeal, and failure to specify the criterion from the Community Development Code or Com- prehensive Plan at which a comment is directed precludes an appeal based on that criterion. Further information may be obtained from the Planning Division at 13125 S.W. Hall Blvd., Tigard, Oregon 97223, or by calling 639.4171. PUBLIC HEARINGS: SUBDIVI IONSIUB O006 ROGERS LOCATION: 9185 S.W. 66th Avenue (WCTM 1 S 125DA, tax lot 800). A request for Subdivision preliminary plat approval to divide an ap- proximately 1.45 acre parcel into seven lots ranging between 7,500 to 9,536 square feet. APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.2.1, 7.3.1, 7.4.4, 7.5.2, 7.6.1, 8.1.1, and 8.1.3; Community Development Code Chapters 18.50, 18.88, 18.92, '18.100,18.102,18.106,18.108,18.114,18.150,18.160, and 18.164. ZONE: R-4.5 (Residential, 4.5 units/acre) The R-4.5 zone allows single- family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, and accessory structures among other uses. r T78097 -Publish February 2, 1995. Subscribed and sworZZ me this 2nd days-_,Februar :,,rL Or-AL a j N ?:?:: llOfi!? a1. 13t.11?GESS v Vlt? I `dnx tdOTAf Y 6 i;'LIC - OREGON blic for Ore on , ???"•h'i-fi3 ONt NO.02455,? NotaqEP g ?df C4ti? rl, U,? .XPIRES IAY18, tn97 My Commission Expires: AFFIDAVIT COMMUNITY NEWSPAPERS, INC. P.O. BOX 370 PHONE (503) 684.0360 Niffl 0 61995 BEAVERTON, OREGON 97075 ?:9T1z OF T)GARD. Legal Notice Advertising •City of Tigard • ? Tearsheet Notice 13125 SW Hall Blvd. •Tigard,Oregon 97223 • ? Duplicate Affidavit • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, ass. 1, Kathy Snyder _ being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTi Bard-TLa 1 ati n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tiqayd in the aforesaid county and state; that the a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: Legal NoticeTT 8118 The following will be considered by the Tigard Hearings Officer on Monday, March 13, 1995, at 7:00 P.M., at Tigard Civic Center - Town Hall, 13125 S.W. Hall Boulevard, Tigard, Oregon. Both public, oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the Hearings Officer. Failure to raise an issue in person or by letter precludes an appeal, and failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion, Further information may be obtained from the I Planning Division at 13125 S.W. Hall Boulevard, Tigard, Oregon 97223, or by calling (503) 639.4171, PUBLIC HEARING: SUBDIVISION SUB 94-0006 ROGERS LOCATION: 9185 S.W. 66th Avenue (WCTM 1S 125DA, tax lot 800). A request for Subdivision preliminary plat approval to divide an approximately 1.45-acre parcel into seven lots ranging between 7,500 to 9,536 square feet. APPLICABLE REVIEW CRITERIA; Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.2.1, 7.3.1, 7.4.4, 7.5.2, 7.6.1, 8. 1.1 and 8.1.3; Community Development Code Chapters 18.50, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.114, 18.150, 18.160 and 18.164. ZONE: R-4.5 (Residential, 4.5 units/acre). The R-4.5 zone allows single- family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, A? an. temporary uses and accessory structures among other uses. _ TT8118 -Publish March 2,1995. Subscribed and sworn to re me this2nd day of __May Ch 119 ?. OFFICI;".t „G;t - ROSIN A, j?:-) .GSSS Il rj- NOTARY Pt16!. OREGON COM WISSION .024552 Notary lic or Oregon My GOMMI^g l ?,y16.1;97 My Commission Expires: AFFIDAVIT jo TIGARD I& HEARINGS OFFICER CITY or TIGARD OREGON NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND NOTE THEIR ADDRESS ON THIS SHEET ...(Please PRINT) AGENDA ITEM #: 2.1 Page 1 of 1 DATE OF HEARING: 3 / 13 / 95 CASE NUMBER(S): SUB 94-0006 OWNER/APPLICANT: I FROGERS LOCATION: 1 1 9185 SW 66th Avenue Tigard Oregon PLEASE PRINT YOUR. NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE PROPONENT (For the proposal) OPPONENT (Against the proposal) (Print Name lAddresslZip/& Affiliation) (Print Name lAddress /Zip & Affiliation) Name: Name: Address: Address: City: State: Zip: City: State: Zip: Name: Name: Address: Address: city: State: Zip: city: State: Zip: Name: Name: Address: Address: City: State: Zip: City: State: Zip: Name: Name: Address: Address: City: State: Zi -----..-.City: State: Zip; r City: ?l? r /j./ State: i Zin: "/ / 223 City: State: Zin: L] 11 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON In the matter of an application by Tom Rogers for a ) FINAL ORDER. preliminary 7-lot subdivision for 1.45 acres in the R ) SUB 94000 6 4.5 zone at 9185 SW 66th Avenue in the City of ) (Charles estates) Tigard, Oregon. ) 1. FINDINGS The hearings officer hereby adopts and incorporates herein the Tigard Community Development Staff Report dated February 6, 1995 (the "Sall Report'), including the summary, findings about the site and surroundings, applicable approval standards, NPA and agency comments, and evaluation of the request, except to the extent expressly modified herein. II. HEARING The hearings officer conducted a duly noticed public hearing regarding the application on March 13, 1995. The following testimony was offered in relevant part. 1. City Planner VMII D'Andrea summarized the Staff Report. He submitted an additional oondition based on the standards contained in 18.164.030(2) relating to the maintenance of private streets. 2. Jay Harris, engineer testified for the applicant. He accepted the Staff Report generally, but had questions about recommended solar access and storm drainage conditions. Conceming solar access, he pointed out that the site is wooded. He stated the applicant can't meet the requirement for a north/south dimension of 90 feet because of the street orientation. He argued in favor of an adjustment from the solar access requirements instead of a requirement to meet the Performance Option standards so that the most trees can be retained: Concerning storm drainage, he questioned condition number 5 requiring the applicant to show that he will discharge storm drainage runoff into the existing underground system without significantly effecting properties down stream. He said that the existing downstream drainage system is primarily open ditches that probably don't met Tiigard's current standards. He wants assurance that Tigard wont require the applicant to improve all of the off site downstream system. He said that the City may have funds for a capital improvements project and that the applicant may agree not to remonstrate against participation in a local improvement project to improve the off-site drainage system in the future. 3. Tom Rogers, property owner and applicant, said that part of the storm drainage issue is that he has agreed to install an underground system in SW 66th Avenue to handle existing oaf site storm drainage to be connected to the storm drainage system for the proposed subdivision. He argued that it will be hard to decide how much water is existing off site drainage picked up on 66th Avenue compared 0 0 to how much mater is draining from the impervious surface of the proposed subdivision. He doesn't think its his sole responsibility to solve off -site drainage problems. III. SITE VISIT The hearings officer visited the site before the hearing without the company of others. She observed the site's coverage with deciduous trees, the nature of surrounding development, the terrain and condition of surrounding streets. IV. DISCUSSION 1. City staff recommended approval of the application subject to conditions in the Staff Report. The hearings officer finds that the Staff Report generally contains all the applicable standards for the applications and findings showing the application complies with the those standards. Those findings are not disputed in large part. The hearings officer adopts these findings as her own, to the extent they are not disputed as expressly provided otherwise below in support of a decision to approve the subdivision, subject to the conditions recommended in the Staff Report. 2. The applicant contends that lots 1, 2, 6 & 7 comply with the solar access basic requirements and requests an adjustment for lots 3 through 5 because one subdivision lot would be lost to achieve an acceptable solar subdivsion design. He argued om favor of the adjustment because preservation of trees on the wooded site may limit compliance with code requirements, the existing road patterns in the project area do not allow for a street extension through the project site, and the cul-de- sac prevents the front lot lines from being oriented in an east-west direction. a. Code section 18.88.040 contains solar access standards and provides that the 80 percent of lots that must comply with the basic standard must be adjusted to the minimum extent necessary if the applicant has shown that following the adjustment standards would cause: "1. Adverse effects on density and cost or amenities. "a. If the design standard in section 18.86.040 CA is applied, either the resulting density is less than that proposed, or on-site development costs ... are at least 5 percent more per lot than if the standard is not applied. The following conditions, among others, could constrain the design of a development in such a way that compliance with section 18.88.040 CA would reduce density or increase per lot costs in this manner. The applicant shall show which, if any, of these or other similar site characteristics apply in an application for a development: "(iii) Existing road patters must ... terminate on-site to comply with the applicable road standards or public road plans in a way that prevents given streets or lots in the development from being oriented for solar access. 0 • b. The hearings officer finds that the applicant has met his burden of showing that following the standard would result in less density than proposed because the existing road patterns must terminate on-site to comply with existing road patterns in way that prevents lots 3 through 5 from being oriented for solar access. The adjustment from the standard for these lots is the minimum necessary. 3. The staff recommended at the hearing the inclusion of an additional condition as follows: 'The applicant shall provide legal assurances for the continued maintenance of private streets, such as: a) a bonded maintenance agreement; and b) the creation of a homeowners' association. a. Code section 18.164.030 S. allows for private streets. This section requires: "1. Design standards for private streets shall be established by the City Engineer; and 12. The City shall require legal assurances for the continued maintenance of private streets, such as: "(a) A bonded maintenance agreement; and "(c) The creation of a homeowners association; "3. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. b. The hearings officer finds that the condition recommended by the staff at the public hearing is required by the Code and the applicant agrees to the amended condition. IV CONCLUSIONS The applicants request does or can comply with the applicable standards of the City of Tigard Community Development Code and should be approved, subject to the conditions of approval in the Staff Report with minor changes based on the above findings and the conclusions in section VI of the Staff Report. V. ORDER The hearings officer approves the applicants request, SUB 940007 (Charles Estates), subject to the conditions in Section VI of the Staff Report, with the following amendments: 0 0 1. Condition of approval 1 is amended to add the following: The applicant shall provide legal assurances for the oontinued maintenance of private streets, such as: a) a bonded maintenance agreement; and b) the creation of a homeowner's association. 2. Condition of approval 5 is amended to read as follows: The applicant shall demonstrate that he can discharge storm drainage runoff from the increased impervious surface from the development into the a fisting underground system without significantly affecting downstream properties. Dated this 23rd day of March, 1995 Deniece B. Won City of Tigard Hearings Officer 0 0 AGENDA ITEM 2.1 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Tom Rogers for a subdivision consisting of approximately 1.45 acres located south of SW Taylor's Ferry Road, east of SW 69th Avenue, north of SW Walnut Terrace and on the west side of SW 66th Avenue. 1. SUMMARY OF THE REQUEST CASE: Subdivision SUB 94-0006/ROGERS STAFF REPORT SUB 94-0006 SUMMARY: The applicant requests Subdivision approval to divide a parcel consisting of approximately 1.45 acres into 7 lots ranging in size from 7,500 square feet to 9,536 square feet, with the creation of a private street. APPLICANT: Tom Rogers OWNER: Same P.O. Box 80152 Portland, OR 97280 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential. ZONING DESIGNATION: R4.5, (Residential, 4.5 units per acre). LOCATION: 9185 SW 66th Avenue (WCTM 151 25DA, tax lot 800). APPLICABLE LAW: Community Development Code Chapters 18.50, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.114, 18.150, 18.160 and 18.164. Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, and 8.1.3. STAFF RECOMMENDATION: Approval subject to conditions. HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 1 0 0 II. FINDINGS ABOUT SITE AND SURROUNDINGS A. B C. D. Site size, shape, and location: The rectangular shaped lot contains approximately 63,000 square feet. The parcel is located south of SW Taylor's Ferry Road, east of SW 69th Avenue, north of SW Walnut Terrace and on the west side of SW 66th Avenue. Existing uses, topography and drainage : The site is currently developed with an existing single family residence. The majority of the site is wooded. The site slopes from a height of approximately 444 feet at the northeast corner of the property to low elevation of approximately 416 feet in the southwestern corner of the site. Surrounding zoning and land uses: The surrounding properties are zoned for single family residential development at a density of 4.5 units per acre. The area is predominantly developed with single family residential development. Proposed use: The applicant proposes to subdivide the site into 7 single family residential lots ranging in size from 7,500 to 9,536 square feet. The subdivision proposal includes the development of a private street off of SW 66th Avenue. No road connections to to adjoining property are proposed. III. APPLICABLE APPROVAL STANDARDS A Community Development Code: Development Standards: Section 18.50 contains standards for the R4.5 zone. Single-family detached residential units are a permitted use in the zone, and must comply with the following dimensional requirements: Minimum lot size Average lot width Front setback 7,500 square feet/unit 50 feet 20 feet HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 2 0 0 Garage setback 20 feet Interior sideyard setback 5 feet Corner sideyard setback 10 feet Rear setback 15 feet Maximum building height 30 feet Solar Access: Section 18.88.040(C)(1) contains solar access standards for new residential development. A lot meets the basic solar access lot standard if it has a north-south dimension of 90 feet or more and has a front lot line that is oriented within 30 degrees of a true east-west axis. A subdivision complies with the basic requirement if 80% or more of the newly created parcels meet this standard. Alternatively, an applicant can meet the City's Solar Access Standards by complying with the protected Solar Building Line Option or the Performance Option. Energy efficiency is ensured through the location of the residence with sufficient solar access or through the design of the homes which incorporates window glazing with solar orientation. An applicant can request an exception to the solar access standards based on the following development constraints: Site topography in excess of a 10 percent slope, shade from existing on-site or off-site vegetation or structures, significant natural features, existing street public easement patterns, impacts to density, cost or amenities of the project which adds five percent or more to the cost of each lot. Density: Section 18.92.020 contains standards for density. The number of dwelling units permitted is based on the net development area, excluding sensitive land areas and land dedicated for public roads or parks, or for private roadways. This land area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. Landscaping: Section 18.100 contains landscaping standards for new development. The applicant must also comply with the standards set forth in Section 18.100.035 which requires that all development projects fronting on a public or private street, or a private driveway more than 100 feet in length plant street trees. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right- HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 3 of-way and the driveway and then connecting these two 30 foot distance points with a straight line. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. The height is measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. Access, Egress, Circulation: Section 18.108.070(A) contains standards for the width of access driveways to single family residences. In order to comply with the standard each lot must be provided with a ten foot wide residential driveway. This section also requires that 6 units be served with a 25 foot wide access with 20 feet of minimum pavement width. Section 18.108.070(6) states that private residential access drives shall be provided and maintained in accordance with the provisions of Section 10.207 of the Uniform Fire Code. Section 18.108.070(C) states that access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by a circular, paved surface having a minimum turn around radius measured from centerpoint to outside edge of 35 feet. Tree Removal: Section 18.150.020(E) requires a permit for removal of trees having a trunk six inches or more in diameter measured four feet above the ground level. A permit for tree removal must comply with the following criteria as specified in Section 18.150.030(A): a. The trees are diseased, present a danger to property, or interfere with utility service or traffic safety; b. The trees have to be removed to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner; C. The trees are not needed to prevent erosion, instability, or drainage problems; d. The trees are not needed to protect nearby trees as windbreaks or as a desirable balance between shade and open space; HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 4 0 0 e. The aesthetic character in the area will not be visually adversely affected by the tree removal; and f. New vegetation planted by the applicant, if any, will replace the aesthetic value of trees to be cut. Subdivision Design: Section 18.160.060(A) contains standards for subdivision of parcels into four or more lots. To be approved, a preliminary plat must comply with the following criteria: 1. The proposal must comply with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations; 2. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92; 3. Streets and roads must be laid out so as to conform to the plats of subdivisions and maps of 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; and 4. An explanation has been provided for all common improvements. Street and Utility Improvements: Section 18.164 contains standards for streets and utilities serving a subdivision: 1. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. 2. Section 18.164.030(E) requires a local street to have a minimum 44 foot right-of-way and 24 foot paved section between curbs and sidewalks. 3. Section 18.164.030(F) states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 5 • • be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. 4. Section 18.164.030(x) requires that a cul-de-sac shall be no more than 400 feet long nor provide access to greater than 20 dwelling units. 5. Section 18.164.030(S) states that design standards for private streets shall be established by the City Engineer. 6. Section 18.164.040(A) (Blocks Design) states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. 7. Section 18.164.040(6)(1) (Block Size) states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except: a. Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; b. For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. C. For non-residential blocks in which internal public circulation provides equivalent access. 8. Section 18.164.040(6)(2) states that when block lengths greater than 600 feet are permitted, pedestrian / bikeways shall be provided through the block. 9. Section 18.164.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 6 0 0 10. Section 18.164.060(6) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. 11. Section 18.164.090 requires sanitary sewer service. 12. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. B. Applicable Comprehensive Plan Policies. Citizen Injut: Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. Water ualit : Policy 4.2.1 provides that all development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality standards. Public Utilities: Policies 7.1.2, 7.3.1 and 7.4.4 provides that the City will require as a condition of development approval that public water, sewer, and storm drainage will be provided and designed to City standards and that utilities shall be placed underground. Fire Protection: Policy 7.6.1 states that Fire District shall review all new development applications to ensure adequate fire protection is available to serve each new development. Street Improvements: Policy 8.1.1 provides that the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. Street Improvements. Policy 8.1.3 states that the City will require the following as a precondition of approval: a. Development abut a dedicated street or have other adequate access; b. Street right-of-way shall be dedicated where the street is substandard in width; HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 7 • C. The developer shall commit to construction of the streets, curbs, and sidewalks to City standards within the development. d. The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; e. Street improvements shall be made and street signs or signals shall be provided when the development is found to create or intensify a traffic hazard. IV. OTHER STAFF COMMENTS 1. The City of Tigard Engineering Department has reviewed the proposal and offers the following comments: A. Streets: The site is located on the westerly side of SW 66th Avenue and is occupied by an existing single family home. The applicant proposes to provide access to six additional parcels with the construction of a private street extending westerly from SW 66th Avenue, with the existing house continuing to use the existing driveway onto SW 66th Avenue. SW 66th Avenue is a local street which has been improved with a minimum 20 foot wide pavement of unknown origin. The roadway should be reconstructed. The applicant's preliminary plat shows the construction of a 24 foot wide pavement on SW 66th Avenue, with the centerline on center with the existing 60 foot right-of-way. This roadway width is consistent with the new regulations for a cul-de-sac, Section 18.164.030. The turn-around at the end of the street would be provided by the "hammerhead" created by the street end and the new private road extending to the west. With the improvements centered on the right-of-way, a 12 foot lane will be constructed on the opposite side of the proposed development and provide for a travel lane in both directions. Additionally, in regards to the new requirements of Section 18.164.0406 relating to the maximum perimeter block length of 1800 feet, the existing residential development surrounding the site prevents the possibility of any future street extensions. Staff concurs with use of the private street cul-de-sac and the street stub for SW 66th Avenue as shown. HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 8 0 0 B. Sanitary Sewer: The site is served by the existing 8" public sewer in SW 66th Avenue and the existing off-site sewer in SW Walnut Terrace, approximately 200 feet southerly. The applicant has obtained a 20 foot wide easement between the end of the private street cul-de-sac over to SW Walnut Terrace to provide for a sewer main extension. Both sewers have sufficient capacity for the proposed development. C. Storm Drainage: The site currently drains in a westerly direction in a sheet flow condition through the wooded area behind the existing residence. The applicant proposes to utilize the same easement to provide for a new underground storm drain from SW Walnut Terrace that would drain both the new private cul-de-sac and the street end stub at SW 66th Avenue. The proposed storm drain would connect to an existing system in SW Walnut Terrace of unknown origin and condition. The applicant should include an analysis of this system as a part of the evaluation of the down stream effects of the increase in off-site drainage. The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91-47) Surface Water Management Regulations requiring the construction of on-site water quality facilities or fees in-lieu of their construction. Requiring surface water quality facilities on small sites would result in numerous facilities that would become a maintenance burden to the City. Furthermore, the applicant has not proposed any such facilities and there are no natural depressions or other areas of this site that are particularly suitable for water quality facilities. Regional facilities, funded by fees in-lieu of construction of these facilities, would provide the required treatment with improved reliability and less maintenance. Therefore the applicant should be required to pay the fee in-lieu of constructing an on-site facility. 2. The City of Tigard Police Department states that a street lighting plan shall be submitted for review and approval. V. CIT & AGENCY COMMENTS HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 9 0 0 1. The facilitator for the West Citizen Involvement Team was notified of the proposed subdivision. The Citizen Involvement Team has not provided any comments or objections to this development. In addition, the applicant conducted a neighborhood meeting. 2. The Unified Sewerage Agency stated that water quality must be addressed. The agency has questions regarding the availability of public storm and sanitary sewer to lot 900, and if the downstream storm system has adequate capacity. 3. The City of Tigard Maintenance Services Division, City of Tigard Building Division, Tualatin Valley Fire & Rescue, and Portland General Electic have no objections to this proposal. VI. EVALUATION OF REQUEST A. Compliance with Community Development Code. Development: The proposed subdivision shall comply with the use and setback standards of the R-4.5 zoning district (Code Section 18.52) through the building permit plan check review process. The proposed lots range in size between 7,500 up to 9,536 square feet which meet or exceed the 7,500 square foot minimum of the R-4.5 zoning district. The R-4.5 zone requires a minimum lot width of 50 feet. As indicated on the site plan all the proposed lots will meet this minimum width requirement. Solar Access: As proposed 3 of the proposed 7 lots (2,6,7) comply with the basic solar access requirements as specified in Code Section 18.88.040(C)(1) which requires that 80% of the lots created through the subdivision provide a minimum north-south dimension of at least 90 feet and a front lot line orientation within 30 degrees of true east-west. The remaining lots do not meet the basic requirements. One of the lots can be counted as the standard 20% exemption from these solar lot requirements. It is recommended that the remaining 2 lots which must comply with solar accessibility requirements do so through the Performance Option which optimizes the position of the residence on any given building site and designs the majority of window glazing towards the southern facing elevation. Density: The net developable area of the site, after deduction of 20% of the gross area for public right-of-way is approximately 50,530 square feet. With a minimum HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 10 of 7,500 square feet per lot, this site yields an opportunity for up to 7 dwelling units under the R-4.5 zoning designation. The applicant is proposing 7 lots, and is therefore in compliance with density requirements. Landscaping: The applicant shall be required to plant street trees in accordance with the standards set forth in Section 18.100.035. The Code requires that street trees be spaced between 20 to 40 feet apart depending on the size classification of the tree at maturity. A street tree plan shall be submitted for review and approval which provides street trees along the SW SW 66th Avenue and private street frontage. Clear Vision: The Planning and Building Division will review each residence and other related permits for compliance with setback standards set forth for structures within the clear vision area. A visual clearance area for all street intersections shall be that triangular area 30 feet from the intersection of the right-of-way. Placement of any future possible obstructions including street trees and subdivision identification signs shall comply with this standard. Proposed placement of signs and street trees shall be reviewed by the Planning Division for compliance with the requirements of Sections 18.102 (Vision Clearance) and 18.114 (Signs). Access, Egress. Circulation: Individual lot driveway requirements will be reviewed at the time of building permits. The site plan shows the provision of 20 feet of pavement with a 25 foot access width and a cul-de-sac with a 35 foot radius from centerline, thereby meeting minimum access requirements. Tree Removal: Section 18.150 requires that the number of trees over six inches in diameter that will be removed during construction be minimized. A detailed tree survey plan was not submitted as part of this application. As a condition of preliminary plat approval, the applicant shall submit a tree inventory and survey. A tree removal permit shall be obtained prior to obtaining any site permits. Tree removal permits shall be issued in phases. Initial tree removal shall be limited to the proposed steet improvement area and public utility easement areas. The second phase shall be related to the development of individual lots. Subdivision Design: Section 18.160.060(A) provides standards for review of subdivision proposals. The subdivision complies with these standards for the following reasons: HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 11 1. The proposed subdivision complies with the Comprehensive Plan Map's Low Density Residential opportunity for the site as well as with the applicable policies, the regulations of the R-4.5 zone, and other applicable ordinances and regulations; 2. The proposed name of the subdivision, " Charles Estates", is not duplicative of any other plat recorded in Washington County; 3. The site does not abut properties with approved plats which would require conformity or connectivity with the plats of adjoining areas. The design and width of the proposed street provides for both adequate and safe access to the lots in this subdivision. The developed nature of the area limits the possibility of extending the street to facilitate future development. 4. The applicant has provided an explanation for all common improvements including the provision for public services such as sewer, water, drainage and street improvements. Street and Utility Improvements: Chapter 18.164 provides standards for street and utility improvements. 1. Sections 18.164.030(A) and (E) are satisfied as the applicant shall improve the SW 66th Avenue frontage of the site to City standards and as the proposed street meets the City's street standards. 2. Section 18.164.030(F) is not applicable as adjoining development patterns do not require that the proposed street be extended to facilitate future development. 3. Section 18.164.030(K) is satisfied as the proposed cul-de-sac is approximately 240 feet long and provides access to 6 dwelling units. 4. Section 18.164.030(5) is satisfied as the City Engineer has approved the proposed private street design as it complies with Section 18.108.070(A). 5. Section 18.164.040(A) and (B) (Block Design and Size) is not applicable as section 18.164.040(B)(1)(a) lists pre-existing development as an exemption to this standard. The applicant is proposing a private street off HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 12 a local residential street. The existing street patterns currently provide for block lengths in excess of this standard. Due to existing development patterns on adjoining properties, extension of the proposed street is not practical. As indicated on the site plan, the adjoining properties are developed with single family homes. The size of these properties would only allow for a single, flag-lot partition. Given the location the existing residences and the limited nature of future development, extension of the proposed street is not being required. 6. Section 18.164.040(6)(2) likewise is constrained by adjoining development. The potential location for a pedestrian connection would be on the property line between lots #3 and #4. A connection between lots #3 and #4 would encumber tax lot #2100 with a full pedestrian easement, to be conditioned with any future partition. 7. Section 18.164.060(A) is satisfied as the plan shows that the proposed lots will not exceed the depth to width ratio. 8. Section 18.164.060(6) is satisfied as the proposed lots exceed the minimum 25 foot frontage requirement. 9. Section 18.164.090 is satisfied as sanitary sewer service shall be provided. 10. Section 18.164.100 is satisfied as provisions for storm water runoff and dedication of easements for storm drainage facilities has been provided. B. Compliance With Comprehensive Plan Policies Citizen Input: The subdivision is consistent with Policy 2.1.1 because notice of the application and the public hearing on this item was provided to the Citizen Involvement Team (CIT) East representative and to owners of property within 250 feet of the site. A neighborhood meeting was held by the applicant on October 13, 1994. Notice of the public hearing was published in a newspaper of general circulation. Water Quality: To comply with Policy 4.2.1 as the applicant shall be required to pay a fee as established under the guidelines established by the Unified Sewerage Agency Resolution Order NO. 91-47. HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 13 Public Utilities: Policies 7.1.2, 7.3.1 and 7.4.4 are satisfied because the developer is required to extend public sewer and water systems to this site prior to development. In addition, the developer is required to provide for underground installation of utility lines. Fire Protection: Tualatin Valley Fire and Rescue was provided with a copy of the development plan in compliance with Policy 7.6.1. Street Improvements: The subdivision proposal complies with Policies 8.1.1 and 8.1.3 because the proposed improvements to the public streets adjoining this site will be consistent with City of Tigard standards and will be developed to the local street widths called for by the functional classification of SW 66th Avenue. Internal subdivision streets are proposed to be developed to City of Tigard street standards. VII. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the Hearings Officer should find that the proposed subdivision, will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after this decision complies with applicable local state and federal laws. In recognition of the findings staff recommends APPROVAL of Subdivision SUB 94-0006 for Charles Estates subject to the recommendations which follow: ALL CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. 1. Full width private street improvements, including traffic control devices, mailbox clusters, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the subdivision. The private street shall consist of 20 feet of pavement within a 25 foot wide right- of-way as shown on the preliminary plat. An 8 foot wide public utility easement contiguous to the private right-of-way shall also be provided. STAFF CONTACT:Michael Anderson, EngineeringDepartment(639-4171 } HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 14 2. Standard half-street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the SW 66th Avenue frontage. Improvements shall be designed and constructed to local street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. The construction should include the storm drain improvements at the street stub end that connects to the proposed easement storm drain that extends southerly to the existing SW Walnut Terrace storm drain. STAFF CONTACT:Michael Anderson,Engineering Department(639- 4171). 3. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department (639-4171) 4. The applicant shall pay the fees as established under the guidelines of Unified Sewerage Agency Resolution and Order No. 91-47. NOTE: This is a two part fee which is paid at different times. The first part is paid with any associated public improvements which is for that portion of the development which increases the impervious area within the public right-of-way. The second part is paid at Building Permit issuance which is for each individual lot. 5. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing underground system without significantly impacting properties downstream. 6. The applicant shall provide an evaluation of the existing underground storm drain system in SW Walnut Terrace to determine the capacity and pipe condition. The applicant shall coordinate this study with the City Engineering Department to verify the adequacy of the proposed storm drain connection from the subdivision, and any alternatives to the design and construction. STAFF CONTACT: Michael Anderson, Engineering Dept(639-4171) HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 15 0 0 7. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989. 8. A final grading plan shall be submitted showing the existing and proposed contours. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Chapter 70 of the Uniform Building Code. STAFF CONTACT: Michael Anderson, Engineering Dept(6394171). 9. The applicant shall make an appointment for a pre-construction meeting with the City of Tigard Engineering Department after approval of the public improvement plans but before starting work on the site. The applicant, the applicant's engineer, and contractor shall be required to attend this meeting prior to receiving the approved plans and permits. STAFF CONTACT: Michael Anderson, Engineering Department (639-4171) 10. Construction of the proposed public improvements and issuance of Building Permits shall not commence until after the Engineering Department has reviewed and approved the public improvements plans, a street opening permit or construction compliance agreements has been executed, execution of a developer-engineer agreement and payment of all permit fees. STAFF CONTACT: John Hagman, Engineering Department (6394171) 11. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of the site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 12. Prior to the plat being recorded with Washington County the applicant shall provide a 100 percent performance bond. As an alternative the applicant may have the plat recorded after the public improvements have been accepted by the City of Tigard and has posted the appropriate Maintenance Bond. 13. The applicant shall submit a tree inventory. A tree removal permit shall be obtained prior to obtaining any site permits. Tree removal permits shall be issued HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 16 0 0 in phases. Initial tree removal shall be limited to the proposed public right-of-way areas and public utility easement areas. THE APPLICANT IS REQUIRED TO COMPLY WITH THE FOLLOWING CONDITION PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 14. A street tree plan which complies with Section 18.100.035. The code requires that street trees be spaced between 20 to 40 feet apart depending on the size of the tree at maturity. STAFF CONTACT: Will D'Andrea, Planning Division. 15. A tree removal permit shall be submitted which specifies those trees which are to be removed in connection with the preparation of individual lots. This tree removal shall be applied for and approved by the Planning Division prior to removal of such trees on-site. STAFF CONTACT: Will D'Andrea, Planning Division. 16. A street lighting plan shall be submitted to the Tigard Police Department for review and approval. THE APPLICANT IS REQUIRED TO COMPLY WITH THE FOLLOWING CONDITION PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 17. Street trees shall be planted in accordance with the approved street tree plan. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS_IS_ NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement A. 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 HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 17 0 0 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. B. 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. 2. SECTION 18.160.180 Bond A. As required by Section 18.160.170, 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. B. 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. C. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 3. SECTION 18.160.190 Filing and Recording A 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. HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 18 0 0 B. Upon final recording with the County, the applicant shall submit to the City a duplicate original mylar copy of the recorded final plat. 4. SECTION 18.162.080 Final Plat Application Submission Requirements A. The original and two duplicate mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. The partition 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. Street centerline monumentation shall be provided as follows: a) Centerline Monumentation 1) 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. 2) The following centerline monuments shall be set: A) All centerline-centerline intersection points. B) All cul-de-sac center points. C} Curve points, beginning and ending points (PC's and PT's). b) Monument Boxes Required 1) Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. 2) The tops of all monument boxes shall be set to finished pavement grade. HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 19 0 0 STAFF CONTACT: John Hadley, Engineering Dept. (639-4171). 5. SECTION 18.164 A. 18.164.120 Utilities 1. 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. B. 18.164.130 Cash or Bond Required 1. 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. 2. 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. 3. The Cash or bond shall comply with the terms and conditions of Section 18.160.180. C. 18.164.150 Installation: Prerequisite/Permit Fee 1. 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. D. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 20 0 0 G. 18.164.200 Engineer's Certification Required 1. 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 the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS RECORDED WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION "-a b ? , q6- PREPARED BY: Will D'Andrea, DATE Assistant Planner Z& /q5- APPROVED BY: Richar wersdorff, DATE Senior Planner HEARINGS OFFICER - SUB 94-0006 - ROGERS PAGE 21 0 0 EXHIBIT A C. 0 a z z z a a. 0 oc a c? LL 0 i U VICINITY EXHIBIT MAP CASE NO. (SEM) 94-0006 EXHIBIT ? CHARLES ESTATES PROJECT OVERVIEW DEVELOPER/OWNER Tom Rogers Construction P.O_ Box 80152 Portland, Oregon 97280 Telephone: (503) 452-8725 ENGINEER/SURVEYOR Hams-McMonagle Associates 12555 SW Hall Blvd. Tigard, Oregon 97223 Telephone: 639-3453 REQUEST Preliminary plat approval for a 7 lot subdivision. LOCATION The project site is on the west side of SW 66th Avenue approximately 600 feet from SW Taylors Ferry Road. The address of the existing dwelling on the site is 9185 SW 66th Avenue. The property is shown as Tax Lot 800, Assessor's Map 1 S 1 25DA. SIZE The area of the site is approximately 1.45 acres. ZONING The existing zoning is R-4.5. Single family homesites with a minimum lot area of 7,500 square feet are a permitted use in the R4.5 zone. EXISTING SITE CONDITIONS The site is rectangular, approximately 210 feet wide north-south (along 66th Avenue) and 300 feet deep east-west. 1 0 0 The land slopes from north to south at an average gradient of approximately 12%. There is one single family residence on the property. The remainder of the land is undeveloped with large deciduous trees and native understory shrubs/brush. The existing and proposed access to the site is from SW 66th Avenue. Water supply is available in SW 66th Avenue. Sanitary sewer and storm drainage will be extended to the site from SW Walnut Terrace in a 20' wide easement, as shown on the preliminary plat. Storm drainage is available at the southwest corner of the site. /- Electricity, telephone, cable television and natural gas are available to the site. ADJACENT PROPERTIES The land adjacent to the project site is also in the R-4.5 zone with lot areas of approximately 18,000 square feet. The future development of the adjacent properties will partition as flag lots as a infill process. Access to the newly partitioned lots will be via the pole portion of the lot that will access SW Walnut Terrace or SW 66th or 69th Avenues. Providing access to the adjacent properties from the project site would not be feasible because the adjacent properties are near their full development potential. When the adjacent properties are partitioned the pole portion of the newly created lot will obtain access to the street at the same point as the parent lot. DEVELOPMENT PROPOSAL As shown on the Preliminary Plat, the proposal is to develop a 7 lot single family subdivision on the 1.45 acre site. Access to the site will be from SW 66th Avenue. The existing home will remain and continue to access SW 66th Avenue- As mentioned above, and shown on the preliminary plat public facilities-, sanitary sewer, storm drainage and water supply are available and will be extended into the subdivision. Electricity, telephone, cable television and natural gas will be supplied by the private providers. SW 66th will be improved along the site to a 2/3 street improvement standard. Limits of the street improvements and a Typical Section are shown on the Preliminary Plat. SW Burgen Court is proposed to be a Private Street. Limits of the street improvements and a Typical Section are shown on the Preliminary Plat. 2 0 0 The City has also indicated that they would incur the costs to provide a storm drain system to collect the drainage from the east side of SW 66th and improve the downstream facilities offsite, as needed. SOLAR ACCESS Lots 1, 2, 6, and 7 meet the basic solar access requirements by having a minimum north-south dimension of 90 feet and a front lotline within 30 degrees of a true east-west axis. A adjustment to the to the solar design standard is sought for lots 3 through 5. Rationale for the adjustment which follows the City of Tigard Ordinance 91-02 is as follows: To achieve a acceptable solar configuration one subdivision lot would be lost; thus adversely decreasing the density and viability of the project. The existing road patterns in the project area do not allow for a street extension through the project site. The cul-de-sac prevents the front lotlines from being oriented in a east-west direction. 3 EXHIBIT C ~ ~?r, ..D . n, , . ~ - _ _ - r r' . e • r .a;''Nc: i . - , . ~i I I . ~ ~ I I__..___....._~___ . I - 7 I r ~ I I I 60' I . I - i ~ ~ '~I 1 I I _ I TAX LOT dal TAX LOT #400 , TA LOT # 900 ~ I I I- ~ I ~ - I - - I ~ T 00 _ I I 1 AX LOT ~9 - N I I o PAVT TAPER I ~ ~ I N , _ I w PA T,l~PER TAX LOT - a TAX LOT #501 W E ~ f ~ i ~ ' _ f ~ I I ~ ' - I-------~-,-,---- 1 AX LOT X2000 91' toy' toe EN4 Ct:R(i_dc s/w- ~ ~ T H I ~ 1 i i ~ NOTE: ACCES5 TO LO 1 S ALL ~ ~ ~~~~T '0 30 60 °w $E RESTI~ICIED TO SW 66th. ~ I w 'S.-. SCALE M_ - - - - - 4 A ~ 0 ~ { \ti EXISr.I~ous ~ 7,501). sq. t TO.REMAIN~' - _ ~ ~ a: I N - ~ - _ ~ ~ TAX LOT ~ - I #6 TAX LOT X600 ' - ~ v 1,500, sq. f t, ~ \ ~ 9,536. sq. ft. EXlSitNG (USABLE) PAVEMEN ABLE) PAVEMENT ~ ~ EXIST. SAN. LATERAL ~ ~ I `~--.rr,,, ~ \ r; ~ . ~ ~ ~ 25 102 1~ - ~ 2 f3LOWOFI^ rax or goo r PRIVATE DRI W BURGEN GOU L ~2 _ - - - - = =y-y.~- - ~ - r ~ EXISTING D CULVERT CU LVf_R T - 7,500, sq,~f~; `lt' ~ _ ~ ; - ~ ~ EXlST1NG CONC. p ~ _ I \ _ TAX M t5-=1•-25DA N ` - DRIVEWAY - ~ - TAX L t #800 _ o0 ~ _ - ~ X LO ~l700 95' - - a w ~ w TAX LO X700 _ ~ - ~ ~ In - ~ _ q -~.z,526 sq, 7,522, ~ a~ _ Ca ~ qN ~ = ~ I _ ~ 4'~ - - 42a '9 ~ - CURS i~ S TAX LOT 220 ~ ~ - ``4 1MOE STM - - CONCR DRIVEWAY ~ ~ •S1~N. 5 NdDE ETE TE DRIVEWAY ti _ _ _ - "`I W/ i d DROP AND 3 WINGS. SEWEi~•J:,ASEMEN _ _ iD 3' WINGS. ~T`°- 7,620. sq. if:`---____ ~ ~ - ~ - - ~ - r - ~ _ _ - - ~ _ SAN ~ - I - _ _ ~ STM - STM ~ ~ - - - - ~i''- ~ ~ ~ _ _ _ 131' 88' - _ ~ _ _ _ - - 3OO CItY~Cf flGARD R EX. It•ILC~• D PtPE =y--~~,_---- - I - I _ F ~ - ~ EMOVE PtPE~ y - - ..L I~ _ ~ ~ _ I I . I . - _ _ - , ~ PRIvX~' Ltr~E - - ~ . - s ' - _ ~ _ v ~ 'r., _ ~ _ _ I ~ ~ - WEST I - I I - i~Tt ~ l EX . NG 8' ~ I - - - _ I -.I.~ _ I - 0 SIDE STht• ENO SP I ~ 2 ~ - + P U. E. 30 - 30 _ 0 SEWER E SEMENT I M ` ~ • XI TING SANITARY I I ~ - ._12.5' ~ 12' - - 12' ''T 2: 1 5: 1~ ~ 5~'~ ~ REGRADE DITCH I . i - . _ y~~---- C I I MAX. AX, s raj- a - ?r-- ~ 4.17 4.17-----... 1~AX Lor 2300 - ~ , ~ O,, I ~ I S1U. CURB ~ - - ~ 3-1 /2" CLASS "C" A5PNALTIC CONCRETE NAVEL a 1 ~ I ~ I I ~ ~ 2" 3/4"(-) LE4'EIWG ROCK s~HOULDER \ ~ I I ~ ~ , ~ ~ TAx LdT 2800 ! ~ -I - TAX CDT.. 2500 ~ ~ • l TAX LOT 2600 ~ ~ _ I ~ , - TAx LO X2900 I NOTE. 7" 1-1/2"(-) BAS>r ROCK -I- SAWCUT do CONFORM TO EXISTING USABLE ~ - .i_`_`,_ TAX LOT 0 T ~ ~ - , # , - _ _ I - I SAN LA t:.RA I _ PAV'T 1MTti NEW IMPROVEMENTS. SKIN ! PATCH EXiST1NG PA~lT AS NEEDED. ~ TYPICAL STREET SECTION {I SW 66th AVENUE ~I NO SCALE ~ I i~ ~ I ~ ' ~ ~ ~ _ ,~~,.a: ~ ~k~~~~~q~~., ~ ~ ~ 8' P.U.E. / ~ ~ w ~ ~ I I I I1 p I~ . 0 ~ ~ , I I a,~ ~r,,l 1 I { ~ ~ - ~ \ ~ 1- 12.5' 12.5' J ~ 8 P.U.E. 2.5,.~ I ~ f ~ I \ 2.5' _ 10` T 10' ~ 5:1 MAX. (2:1 MAX. rAZ Lor 230 I = r 1=~- I { ~ I - I I I 1 ~ ~ _ e.~°°" ~ SLOPE ( SLOPE P~a. I ~ _ I I 1, I 2: t MAx 2.50 , ~ 121 MAX. 5:1 MAX. ~ ~ 2.50% ~ I'~ I I i ~ SLOPE _ ~ I I I SLOPE ( SLOP i ~ ~ ~ ~ ~ ~ I ~ I ~ ~ I ~ I ~ ~ STD. CURS I ~ i ---1. i I l i ~ , 3.5 CLASS C ASPHALTIC CONCRETE ~ LEGEND: ~ r I ? _ ~ ~ ~ ~ v ~ I I 2" 3/4"(-) LEVELING ROCK EXlSfING LINES ( ~ t I 7" 1-1 /2"(-) BASE ROCK L_ PROPOSED LINES SAN SANITARY SEWER LINE STM SrOPM SEWER LINE TYPICAL STREET SECTION ',MTR WATER LINE _ - - - - ~ - - _ - - - - - - - - - - - ESMT EASEMENT ~ ~ - ~ _ - - - PRIVATE DRIVE ~ NO SCALE GATEVALVE DESIGN ~~~~a ~ SCALE - REFERENCE INFORMATION AND NOTES J.O,H, P.4 TRACED P.O. E30X 80152 ~ owc Na a POR1'LAh J,Q.H. PORTLAND, OREGON 97280 1 ADOEO TAX LOTS 10 THE~NORTti OF THE PROJECT. c"END HARRIS-MeM~ ORRIS-MebiONAGLI; ASSOCIATES, INC. s~IEEr ALSO AOOEO TAX LOT NUMBERS. J.O.N 12/19/9 - ENG ENGINEER-SURVEYORS ~ ~ ~ ~ 4 12b~ 12b,55 S.W. HALL BLVD. f ~ w REY. C CR tT S A?PR. DA ~ DAB 11GA ~TiGARO, OR 97223-8287 1 10/3/94 pti0t R~fER T9 TR CINO. FQR~ f*AI~St, REVISION. PHC~VE: (50:5) 839-3453 of k