Hearings Officer Packet - 04/14/1997
PUBLIC NOTICE:
Assistive Listening Devices are available for persons with impaired
hearing and should be scheduled for Hearings Officer meetings by
noon on the Monday prior to the meeting. Please call (503) 639-4171,
Ext. 320 (voice) or (503) 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
Tigard of your need(s) by 5:00 p.m. on the Wednesday preceding the
meeting date at the same phone numbers as listed above if you are
requesting such services.
(OVER FOR HEARING AGENDA ITEM(S)
TIGARD HEARINGS OFFICER • PAGE 1 OF 2
4/14/97 PUBLIC HEARING h:\patty\masters\agendho.mst
CITY OF TIGARD
Community (Development
CITY OF TIGARD ShapingABetter Community
HEARINGS OFFICER
APRIL 14,1997 - 7:00 P.M.
A E N:::D A
1. CALL TO ORDER
2. PUBLIC HEARING
2.1 EVERGREEN SPRINGS SUBDIVISION
Subdivision (SUB) 96-0009
LOCATION: 14235 SW 115th Avenue; WCTM 2S1 1013A, Tax Lots 00200 and
00300. The applicant has requested subdivision approval to divide two (2)
parcels totaling 5.24 acres; into eighteen (18) lots ranging in size from 7,598 to
16,363 square feet. COMPREHENSIVE PLAN DESIGNATION: Low Density
Residential; 1-5 Dwelling Units Per Acre. ZONING DESIGNATION:
Residential, 7,500 Square Foot Minimum Lot Size; R-4.5. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50,
18.88, 18.92, 18.96, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164.
2.2 HAWK MEADOWS SUBDIVISION
Subdivision (SUB) 97-0001
LOCATION: 14135 SW 114th Avenue; WCTM 2S110AB, Tax Lots 03700,
03800, 03900 and 04300. The applicant has requested subdivision approval to
divide four (4) parcels totaling 2.52 acres into eleven (11) lots ranging in size from
7,560 to 13,704 square feet. COMPREHENSIVE PLAN DESIGNATION: Low
Density Residential; 1-5 Dwelling Units Per Acre. ZONING DESIGNATION:
Residential, 7,500 Square Foot Minimum Lot Size; (R-4.5). APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50,
18.88, 18.92, 18.96, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164.
3. OTHER BUSINESS
4. ADJOURNMENT
TIGARD HEARING's OFFICER PAGE 2 OF 2
4/14/97 PUBLIC HEARING h:\patty\masters\agendho.mst
• r
AGENDA ITEM NO. 0-
i ?
CITY OF TIGARD
Community Development
Shaping A Better Community
PUBLIC NEARING NOTICE
NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY,
APRIL 14, 1997 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL
BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION:
FILE NO:
FILE TITLE:
APPLICANT:
REQUEST ?
LOCATION:
APPLICABLE
REVIEW
CRITERIA:
ZONE:
SUBDIVISION (SUB) 96-0009
EVERGREEN SPRINGS SUBDIVISION
CES, Inc.
Anthony Weller
15256 NW Greenbrier
Beaverton, OR 97006
OWNERS: Bradley Peter Fudge Trust
and Kitty C. Higgins-Fudge
14235 SW 115th Avenue
Tigard, OR 97224
A request to subdivide a 5.24 acre parcel into 18 lots ranging in size from 7,694
square feet to 16,364 square feet.
14235 SW 115th Avenue; WCTM 2S110BA, Tax Lots 00200 and 00300.
Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.96, 18.100,
18.102, 18.108, 18.150, 18.160 and 18.164.
Residential, 4.5 Units Per Acre (R-4.5).
THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER
18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY
COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30.
ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO
ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL
INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD -
TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE
ARRANGEMENTS.
ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING
PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT
THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE
CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE
HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL
INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION.
SUB 96-0009 EVERGREEN SPRINGS SUBDIVISION PUBLIC HEARING NOTICE
IF A PERSON SUBMITS EVIDENCE SUPPORT TO THE APPLICATION A MARCH 24, 1997, ANY PARTY IS
ENTITLED TO REQUEST A CONTINWCE OF THE HEARING. IF THERE IS CONTINUANCE GRANTED AT THE
HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST
SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT
THE FIRST EVIDENTIARY HEARING (ORS 197763(6).
INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD
COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL
OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA
ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN
SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED.
FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE
HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE
HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND 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 TO THE LAND USE BOARD OF APPEALS BASED ON THAT
ISSUE.
ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT
NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25t) PER PAGE, OR THE CURRENT RATE
CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A
COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE
OBTAINED FOR TWENTY-FIVE CENTS (25?) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE
TIME OF THE REQUEST.
FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MARK ROBERTS AT
(503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223.
SUB 96-0009 EVERGREEN SPRINGS SUBDIVISION PUBLIC HEARING NOTICE
? Tearsheet Notice
COMMUNITY NEWSPAPERS,
P.O. BOX 370 PHONE (503) 684.0360
BEAVERTON. OREGON 97075
Legal Notice Advertising
•
City of Tigard
013125 SW Hall Blvd. •
Tigard,Oregon 97223
•
Accounts Payable
INPeCE t ai TT 8773
APR 0 7 1997
CITY OF TIGARD
? Duplicate Affidavit
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss
1, Kathy Snyder II
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of thi ga d-T ,a1 at- i n T;_mes
a newspaper of general circulation as defined in ORS 193.010 J
and 193.020; published at Tigard in the J
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:
April 3,1997
The following will be considered by the Tigard Hearings Officer on Mon-
day, at 7 P.M. , at Tigard Civic Center- Town Ha11,13125
S•W. Hall Boulevard, Tigard, Oregon. Both public, oral and written tes
-
timony 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 accompanied by statements or evidence sufficient to
allow the hearings authority and all parties to respond precludes an ap-
peal, and failure to specify the criterion from the Community Develop-
ment Code or Comprehensive Plan at which a comment is directed
precludes an appeal based on that criterion. Further information may be
obtained from the Planning !vision ai 1-31-2SS-.W. Hall Boulevard,
Tigard, Oregon 97223, or by calling (503) 639-4171.
PUBLIC HEARING:
SUBDIVISION (SUB) 96-0009
> EVERGREEN SPRINGS SUBDIVISION <
A request to subdivide a 5.24 acre parcel into 18 lots ranging in size from
7,694 square feet to 16,365 square feet. LOCATION: 14235 S.W. 115th
Avenue; WCTM 2S1 10BA, Tax Lots 00200 and 00300. ZONE: Residen-
tial, 4.5 Units Per Acre (R-4.5). APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.32, 18.50, 18.88, 18.92,
18.96,18.100,18.102,18.108,18.150,18.160 and 18.164.
• r; C0A,1i',!C510iJ i 0.0;'140
W waOfJ EXPIRE-3 JiJ14tT-. G i,lsi r`'
Subscribed and sworn to before me this3rd day of Apri1997
Notary Public for Oregon
My Commission Expires:
AFFIDAVIT
I ?/ I Il
r
!7t
-LLJI 2Spbtect-?; I
TT8773 - Publish April 3, 1997.
CITY OF TIGARD '* ?L
HEARINGS OFFICER CITY OF TIGARD
Devepment
Community
SIGN-IN SHEET Q Sh pingAB
NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND RECORR
THEIR ADDRESS ON THIS SHEET ................(Please PRINT Lenibhl)
AGENDA ITEM #: 1 12.1 DATE OF HEARING: 4/14/97 Page 1 of °A'
FILE NAME(S): EVERGREEN SPRINGS SUBDIVISION
CASE NUMBER(S): SUBDIVISION (SUB) 96-0009
OWNER(S) KITTY C. HUGGINS=FUDGE
APPLICANT(S): CONSULTING ENGINEERING SERVICES c/o ANTHONY WELLER
PROJECT LOCATION: 14235 SW 115TH AVENUE
MAP(S) & TAX LOT(S) NO(S). WCTM 2S1106A, TAX LOTS 00200 and 00300
PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE
PROPONENT (For the proposal)
OPPONENT (Against the proposal)
WIN Name/Address/npaAffillationl INN Name/Addres MpBAfilllationl
Name: fl ??1 i 5 Name: ?fdJD t4,o mD 7-
Address: Address: I 41(,e!??- SW 1 /S
City: State: Zip: City: 726-A709 State: O R-- Zip?? a 2
Address: Address:
City: State: Zip: City: State: Zip:
Address: Address:
City: State: Zip: City: State: Zip:
Address: Address:
City:
( Il i State: Zip• 9105 City: State: Zip:
hApattyXmasters\s ig n in ho. mst
CITY OF TIGARD
HEARINGS OFFICER CITY OF TIGARD
I SIGN-IN SHEET M Shaping A Better Community
com
munity NOTICE: ALL PERSONS. DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME AND RECORR
THEIR ADDRESS ON TNIS SNEET ................(Please PRINT Legibly)
AGENDA ITEM #:
I
2.1
F 1
DATE OF HEARING: 4/14/97
1' 1
Page 2 ofo9
1
FILE NAME(S): EVERGREEN SPRINGS SUBDIVISION
CASE NUMBER(S): SUBDIVISION (SUB) 96-0009
OWNER(S) KITTY C. HUGGINS-FUDGE
APPLICANT(S): CONSULTING ENGINEERING SERVICES c/o ANTHONY WELLER
PROJECT LOCATION: 14235 SW 115TH AVENUE
MAP(S) & TAX LOT(S) NO(S). WCTM 2S11013A, TAX LOTS 00200 and 00300
PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE
PROPONENT (For the proposal) OPPONENT (Against the proposal)
I MM Name/Addreu/ZIP aAtfilladon) (Mat Name/Addrenft a Affflfatlonl
Name: 0 U'0 k2
Name:
Address: o 91 °? Address:
City: h??44 State: 42oe Zip: 1"?2 Y 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: Zip: City: State: Zip:
h:\pattylmasterslsigninho.mst
• •
EXHIBIT A
wEXH= A" - PARTIES CF REXXMD
(Written Public Testimony received at
the hearing.)
•
• RECEIVED PLANNING
APR 21 1997
14165 SW 115th Avenue
Tigard, Oregon 97224
April 21, 1997
Mr. Larry Epstein, Hearings Officer
c/o City of Tigard Planning Director
13125 SW Hall Blvd.
Tigard, Oregon 97223
REF: Evergreen Springs Subdivision, SUB 96-0009
Hawk Meadows Subdivision, SUB 97-0001
Dear Mr. Epstein:
CITYOFTIGARD
I am writing to protest the proposed pedestrian pathway adjoining the Evergreen Springs
Subdivision and the Hawk Meadows Subdivision. The proposed pathway would interfere with
the recorded twenty foot wide easement which extends from S.W. Gaarde Street to my home
(Tax Lot 100). The pathway is not allowed pursuant to this easement and would detract from the
value and security of my home. I do not believe the city has the authority to force the developers
of Evergreen Springs Subdivision or the developers of Hawk Meadows Subdivision to construct
a public right of way on this easement.
In addition to encroaching on my property, I believe this pathway would not be a safe place for
children in daylight hours or night, and it certainly would create a safety hazard for surrounding
residents at night. Law enforcement officers would not be able to adequately patrol the pathway
except by bicycle or footpatrol.
The pedestrian pathway does not make sense from the standpoint that it would seem to overlap
my easement the entire distance from Sable Lane southward and I don't believe the city has the
authority to impose this requirement.
Sincerely,
Linda Quandt
04/21/97 17:05 $503 684 7297
CITY OF TIGARD
[a 001
*******sssss*s*ssssssssssss*s**s*********
* ACTIVITY MANAGEMENT REPORT TX *ss
ACTY# MODE CONNECTION TEL CONNECTION ID START TIME USAGE T. PAGES RESULT
*7742 TX 15039861562 04/21 10:40 00'00 0 NG
0 STOP
s7750 TX G3 503 639 6795 CITY OF TIGARD 04/21 11:18 01'12 2 OK
*7751 TX G3 503 620 2086 NICOLI ENG.,Inc. 04/21 11:21 01'03 2 OK
*7753 TX G3 6921799 04/21 11:33 05'02 11 OK
*7756 TX G3 503 646 1400 04/21 12:44 01'12 2 OK
x7760 TX G3 503 223 2869 OREGON PERS 04/21 13:26 03'56 6 OK
s7765 TX G3 503 684 4357 SELECTRON 04/21 13:45 00'51 1 OK
*7768 B'CAST G3 5907654 BOB ROHLF 04/21 14:28 04'18 7 OK
*7768 B'CAST G3 503 620 5963 KEN SCHECKLA 04/21 14:33 04'21 7 OK
*7768 B'CAST G3 6208759 PAUL HUNT 04/21 14:39 04'10 7 OK
*7768 B'CAST G3 503 620 2086 NICOLI ENG.,Inc. 04/21 14:43 03'42 7 NG
5 ##104
s7770 TX G3 503 794 0378 COPENHAGEN UTIL 04/21 14:50 04'15 11 OK
x7768 B'CAST 6030461 BRIAN MOORE 04/21 15:06 00'00 0 NG
0 #018
x7780 TX G3 503 620 2086 NICOLI ENG.,Inc. 04/21 15:34 01'28 3 OK
s7784 TX G3 503 228 7365 04/21 16:23 00'46 1 OK
7789 TX G3 503 620 2086 NICOLI ENG.,Inc. 04/21 16:56 03'23 7 OK
7790 TX G3 6030461 BRIAN MOORE 04/21 17:00 03'06 7 OK
7791 TX G3 503 228 7365 04/21 17:04 00'47 1 OK
Post-It' brand fax a nsmittal me 7 1 #o yes
T F o
o. -
Dept. Ph e #
Fax #
L
pia ?J Fax #
ACTY# MODE 4 4. GE T. PAGES RESULT
?r
/lL % c rlir? n o S Ali _
*7746 AUTO RX G3 503 639 1656 TIGARD CHAMBER 04/21 10:41 02'17 4 OK
*7747 MEMORY RX G3 5032272507 04/21 10:44 06'28 5 OK
*7748 MEMORY RX G3 503 223 2701 04/21 10:54 03'26 6 OK
x7754 AUTO RX G3 503 243 2944 04/21 12:20 02'14 3 OK
*7755 AUTO RX G3 503 684 4357 SELECTRON 04/21 12:38 02'01 2 OK
*7757 AUTO RX G3 04/21 12:57 00'34 1 OK
s7758 AUTO RX G3 04/21 13:11 01'34 1 OK
*7759 AUTO RX G3 503 646 1400 04/21 13:17 01'01 1 OK
*7761 AUTO RX G3 04/21 13:31 02'30 4 OK
*7762 AUTO RX G3 503 639 1656 TIGARD CHAMBER 04/21 13:34 00'37 1 OK
*7766 AUTO RX G3 503 684 4357 SELECTRON 04/21 13:53 02'54 2 OK
*7767 AUTO RX G3 503 526 0775 04/21 14:24 01'16 3 OK
*7771 AUTO RX G3 503 287 6164 04/21 14:54 00'45 1 OK
*7772 AUTO RX G3 503 243 2944 04/21 14:57 02'24 4 OK
*7773 AUTO RX G3 503 639 4673 04/21 15:01 01'10 1 OK
*7774 AUTO RX G3 503 243 2944 04/21 15:04 01'47 3 OK
*7777 AUTO RX G3 503 540 9997 04/21 15:10 01'20 2 OK
*7779 AUTO RX G3 503 640 3588 04/21 15:29 01'28 2 OK
s7782 AUTO RX G3 04/21 16.:18 00'50 1 OK
*7783 AUTO RX G3 639 6302 04/21 16:21 00'57 1 OK
*7785 AUTO RX G3 5036979792 04/21 16:27 03'10 3 OK
7788 AUTO RX G3 206 526 5200 04/21 16:53 01'03 1 OK
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TICORTITLE 91026354
?. INSURANCE 1llatN!a?pwt?Couney
x ?.' .
PRIVATE ROADWAY MAINTENANCE AGREEMENT
=an THIS AGREEMENT is made this n day of May, 1991, by
and between CHRISTINE P.-PUGERE, herein referred to as "Fugere",
and RONALD E. DROUIN and SUSAN J. DROUIN, herein referred to as
"Drouin". The parties are also referred to herein in their
individual ca acit as "
? "P y prcperty owner" or collectively as "prop-
.
erty owners.
WITHESSETH:
The parties to this agreement are the existing owners
\3 of parcele of real property situated in Washington County, Ore-
gon, as follows:
Fugere is the owner of the real t
prap`r y
located at 14235 S.W. 115th, Tigard, Oregon, legally
described on, Exhibit ".A" attached hereto and by this
C? reference incorporated herein.
Drouin is the owner of the real property
located at 14165 S.W. 115th; Tigard, Oregon, legally
described on Exhibit "B" attached hereto and by this
reference incorporated herein, together with the ease-
mert described therein.
it is the desire of the parties tc memorialize their
respective rights and obligations relating the easement described
in Ex:,; s,t t "B".
NOW, THEREFORE, in consideration of the prenises and
the mutual promises contained herein, it is hereby agreed as
follows:
1. The
as a roadway which
ingress and egress:
parties agree to c
use of the roadway
other,
parties agree that the easement shall be used
both parties use for vehicular, and pedestrian
to and from their respective properties. The
Doperate with Bach other so that each party's
shall cause a minimum of tr, the
2. The parties agree to maintain and repair said
roadway on - regular basis and in a reasonable nanner. Normal
and customary maintenance and repair activities shall be a joint
and several responsibility of each party;, provided, however, th.zt
naintenarce costs shall be allocated to each party in proportion
to their use of the roadway.
3. The party resoor_sible for any extraordinary or
Gnusual damage to the roadway' shall b
necesr:ac r2pai.s e sciely'responsii?:tc for the
.
Page 1 - Private Roadway Maintenance Agreement
G'
CD :
'i
?•' Fugere agrees to indemnify and defend Drouin f
any and all claims arising c
t
Y+
u
rom
of or. in
use of the roadway Connection with .•
or an eo Fu
negligence y ndition of the
ge-e s
Q'J roadway caused
. gross .negligence or willful _b
y the
misconduct
?' of Fugere. .
5
Dr
i
'
•
ou
n ayree
s to indemnify and defend
any and all claims arising out of
ugo
ze from
'F
or in conne
with
r
use of the roadway or ction any cundition of the r
coin a
negli
genc
e
oadway cau
sed by
gross negligence or willful misconduct
he
of Droui. t
heirs, legal and Personal agreement. is binding upon the
Parties, their
p_rsonal represertati
as
i
s
vas
gns: The.-agreements contained herein ?shallQ
With the land a
d
a
n
attach
to and run .
shall be binding upon and inure to the benefit
of the parties and all persons
claiming under them.
s' 7. .All property owners owning parcels o
subject to this agreement, anciuding additio
l p perty
p ro
who acquire
,; na
pro
Property as a result of division
cels
shall
i
i
rig par-
,
s ofex
snare in the cost of main':aining n, par,
st
Proportion to their use
the roadwa
i
p
y
n
;
rovided, however, t
owner responsible f
, hat the property
or any y extraordi
-
ar
nary
or
roadway shall be so
unusual damage to the
-or
r th
u
y
s
e
p
rposes Hereof, a
e necessary repairs.
w_°
husband
and
c_Zs of pro
e ownin
e
t
s
p
r
y
g a parcel or par-
ubject to this ,
ant
a
s
entirety, or persons or.e
te
ant
th
i
s nt
e .
t
Pro pr _t, ies owing ng a rcla of
par
c
el
parcels ce
or
NJ subject to this agreement
considered
joint o
as a single
wners, shall be
?- property owner.
s 9raPh,.this•a reecPpt as provided in paragraph g and this pars-
n
m
withdraw, except by
an
agreement indwritir.anciro party hereto may
property owners bou
9.?gned b
all
d
y
by
n
of the
thin agree
;r?aZE at the
ficati.on; provided however time of its mudi-
'
F dedicated to and dose red by that if the roadway. easement is
p Y Washingto
for
i
t
a ma
ntenance
n County.as a Count
purrcj•es, then the Y road
proprty own
released fro
e
s
ers
m their further ma4 tenance
obligationsGha'1 be
p the parties ackn:>wledc= that Pegg .,
.
rs
F4gere property will be developed i
'hat
r
1
:
D
•
n the futu
e
et_ _
peraLe •ic approving. a reasonable e
for the.P??gere's 9. developme
ro
t +
•r
`
' n
p
n
perty
scheme
bons in the casemenerand to accept such reasonable :adifica_.
ti
y necessitated Maintenance r
by such develcp
r as tfigr.t
o
Drouin shall not b
how
howev
yed
e
p ??•?•
'
,
e
ever that
e obli ated to
acce
t
an
easement Orin t,is maintenance
y "1Od=iica_ion in the
y asr e
v3=??- of the Brauin' ^, emr.t which would diminish the
property and that Drouin sh
obligated
fo
l
a
l not be
r any development costs
incurred
the deve lo
i
?
?s .
f,aie;.
of. l,IIo?ee l s propvrt V
n. connection with in _ Yn addition
time the future -
, Eugene
: if at any
wi
.?
.
shes to
read?'a,y :'hick is the subject o aband?in any interest in _, e
f thi
_? IA
'? `r
?rr
;
- s agreemenE, then Drouin Nk.
f? p
page 2 Prirate Roadway Maintenance A
k
greement
c<<
n
tW
OZP
CD
oti
agrees to release the Fugere's property from this maintenance
agreement..
• I'M WITNESS WHEREOF, the parties have executed this
instrument the dad and year first above written.
C r st ne F. Fugere Ro al E. Drouin
Susan J. Dro
STATE OF OREGON. )
ss. May 1991.
County of /lw10!4 )
Personally appeared the above named CHRISTINE F. FUGERE
who acknowledged the foregoing instrument to be her voluntary act
deed.
• r1• rr:
t1'?• = No arv Pu`or
0 gon
My Commior. Exp' es:
STATE OF OREGON )
C y? r ) ss.'
a May 20 , 1991
ounty of rl01--- )
/
Personally appeared the above named RCNALD E. DROUIN
crwito. acknowled
i
h ged the foregoing inst rument to
?e.•t
eir voluntary act and deed.
Notab r egcr_
My commi ion Ex
re ?Gl?-9G__
s:
_ ,
YL4iSi+T vNLoYdi R
Urn&
Kenneth S. Ross
Attorney at Lair
521 S.W. Clay St., $205
Portland, Oregon 97201
Page .3 -• Private Roadway Maintenance Agreer.ent
40
,3
,
(Prope-t address 14155 SW 115th Tigard. Oregon)
A tract in Section 10, Tornship 2 South. Range 1 West of the Willamette Heridian,
In the County of Washington and State of Oregon, described as follows:
geginning at the one-quarter atone c.: the North line of Secti= 10, and going thence
South 0026' West 460 feet; thence South 89° 41' Kest 20 feet to an iron stake and
true point. of beginning; thence South 89° 41' k'eat'10Q feet; thence North 0" 26'
West 80 feet; thence North 89* 41' Bast 100 feet; thence South 00 26' West 60 feet
to the true point of beginning-
Tom-Tam saTH an easement for the use of a 20 fort lane along the Past side of the
hereinabose described real property and continuing North to the intersection of the
A. County Toad. 411. _
FM1BIT "B" .(Property address 14235 SW 115th, Tigard, Oregon)
® Tract of land in Section 10 Township 2 South of Rage 1 Hest of the Willamette
Meridian Washington County, Oregon, described as follours:
Beginning at the 1/4 curuer on the North line of Section 10, Town-hip 2 South, Range
1 Ve.4t of the Willamette Heridian, and running thence West along said Section line
346.5 .ft; thence South 0" 26' West 660 ft; thence Marth 89° 41' East along the
legal subdieisioa line 346.5 ft to North and South Center line of said Section 10.
thence North along said center line of Section 660 it to the point of beginning,
excepting therefrom tract conveyed to Marshall H. Brosuis et ux by deed recorded
8-13-46 in Book 263 Page 693 deed records.
e ?-r T.1TE OF OREGON, ? FORM NO. 2J - ACKNOWLEDGMENT j
{ii shavers-e¢aa tww sus. <o.. voanaMO. ant.
SS. '.
County Ot..v1_ac'k;w-a9. ............................
8E IT REMEMBERED, That n^ 2C
- -..
Of before ire, the undersigned, a Notary Pub,;c in and f said County -rd State, personally -p?aared 'I:el:virl-jrl
named II.13, roniu °
..........:.R?.., s........... ' .......... ............................
.......:... J:,.:.......: ..... ... .......................................................
v\ 4 A H' :.....
tt3rbe' the identical individual..
_..<_ described in rmd ...................
who esecut•d the within instrument and
aclc4a ?ied43?` I7±• trra eh--..................._ tc3 e „ely and :-oluntaa-
^a-?e `rte ily.
IX TESTIT; r JY S7IIERc'Oe
,\.•. _ i have h:.:eurto set my1
rnrd vnd affixed
^
y??? .• ;;r my office seal t e a• aAd yqa-? c'e' , 4-.'ery1 writtt
• - . ?
..............................................
Notarv Public for Oregorij
T-' WY, CominiSZion p t t
&Mf7 : c•F O^.EGON
County atNlsehIng4on
I, tarry ii. Wars o.g?r 9r of ! ssessment
and Taxation. flgft?ciol?+ c C^•
?, L ` Taw } ` a ct 8 t? _ r1 voyarces fcr d 6n'. Prdor
`??s'_ d ?s ;r^. ah' a xti ' r ?'vddrV.eflg orti,yth7tn t.s
} -Uc,:t^? rx, ?, , , b y r c ?? ;he within in t(®ni'a? writirfw received
lu F ?,? i•.. t`-3. 'i'] -..f.YC•1: r} r r f a fy ?,.F
_ ,.-?_.... ? .a ., .^_?._.: • FL. '?: r c __ -r ?:._ ... ?_.?,+., __.ku s ^?v. and IECOfL i!f_fi C ?' ^fakM.
rr-Pry= r+. _Jitnap C'u'to of
' :: ilanE'sF '.IaxoV Ex•
Doc 91026354
Rect: 54870 '12.00
05/22/1991 02:22:40PM
• •
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Hearings Officer
FROM: Brian Rager, Development Review Engineerlj?
DATE: April 14, 1997
SUBJECT: SUB 96-0009, Evergreen Springs Subdivision
Revision to Public Facilities Comments and Conditions of Approval
BACKGROUND
The Engineering Department provided comments to the Planning Department with regard to public
facilities related to this project. One issue overlooked by Staff is with respect to the private
driveway serving the existing house on Tax Lot 300 (included as part of this subdivision
application). Because access onto a major collector roadway is to be limited and/or prohibited, it is
necessary for Staff to address this issue.
In addition, a second issue was discovered today with regard to the existing roadway/right-of-way
centerline for SW Gaarde Street. There is a 10-foot offset to the south for a distance of
approximately 182 feet along the frontage of this site. This 10-foot offset will impact how the
applicant dedicates new right-of-way as a part of this project.
FINDINGS
Access to Tax Lot 300
TMC 18.164.030(P) states that where a development abuts or is traversed by an existing or
proposed arterial or major collector street, the development design shall provide adequate
protection for residential properties and shall separate residential access and through traffic, or if
separation is not feasible, the design shall minimize the traffic conflicts. The design shall include,
potentially, a parallel access street along the arterial or major collector. The existing house on Tax
Lot 300 currently has a driveway onto SW Gaarde Street. SW Sable Street can provide residential
access for all of the proposed new lots, including the lot contained within Tax Lot 300. Staff is
concerned about the continued use of the existing driveway onto Gaarde Street, especially in light
of future improvement to the roadway, which will bring the curb and sidewalk very close to the
existing house. Vehicles parked in the private driveway will be forced to back out into traffic,
which would not be safe on a major collector street. In addition, the private driveway would be
located only 20 feet from the new intersection at SW 117th Avenue. TMC 15.04.080(c) states that
PAGE 1
• •
no portion of any driveway approach shall be located closer than thirty feet to an intersecting street
right-of-way line. The existing driveway would be too close to the 117th Avenue intersection,
which would create additional vehicle conflicts.
The City's policy with regard to access onto a major collector street requires that access be taken
from an adjacent local residential street, when possible. Based upon the traffic safety .concerns
raised above, along with the restrictions listed in the TMC, Staff recommends the applicant be
required to close off the existing driveway to SW Gaarde Street and create a new riveway or t e
lot on either SW 117th Avenue or SW Sable Street, since they are local residential streets.
SW Gaarde Street Centerline
Staff discovered, from further review of the County Tax Assessor's maps in this area, that there is a
10-foot jog in the road centerline adjacent to this site. The tax maps show a 10-foot jog in the right-
of-way to the south; this jog is also shown on the applicant's plan. The tax maps alone, however,
do not provide information as to why the jog is there, nor does it show the true roadway centerline.
The City's Surveyor determined, through research into County survey information, that the original
roadway centerline was created with a 10-foot jog to the south for a short, 182-foot section of street.
SW Gaarde Street, also known as County Road No. 411, was originally surveyed in 1904 (see
Attachment 1). The survey indicates the 10-foot jog adjacent to this site and the cemetery on the
north side of the road. It appears that the 10-foot jog was provided in order to accommodate
existing grave sites within the cemetery, which dates back to the 1800's. The applicant likely did
not survey the property and road centerline as apart of this application, as is generally the case for
land use applications, and that is why the application plan does not reflect the actual centerline.
Staff was not made aware of this situation until today.
Based on this new information, it becomes critical to review the right-of-way needs for Gaarde
Street adjacent to this site. Since additional right-of-way can not be obtained from the north side of
the roadway adjacent to the cemetery, any necessary right-of-way must come from the south side.
Staff has determined that the future roadway design for Gaarde Street could be designed within a
narrow right-of-way for the short distance within the jog area. The existing condition of approval
requires the applicant to dedicate additional right-of-way to give 37 feet from centerline. Staff
proposes that the applicant dedicate this right-of-way and take into account the jog in the centerline.
This will result in a different dedication, in appearance, than what is shown on the applicant's plan.
Condition #4 of the subdivision approval should also be modified to explain that the applicant
must account for the 10-foot jog in the centerline. The impact of this jog will create some
challenges for the applicant. For instance, the additional right-of-way will impact the lot sizes for
Lots 1, 2 and the lot within Tax Lot 300 and reduce them to below the 7,500 sf minimum. In
addition, the existing house on the lot within Tax Lot 300 will be impacted. A portion of the house
may need to be removed to accommodate the right-of-way. Since the applicant is required to close
off the driveway onto Gaarde Street for this house, they will likely have to construct some
modifications to the house if a garage is desired to face SW 117th Avenue or SW Sable Street. It
appears that the applicant could shift the proposed centerline of SW Sable Street slightly to the
south which would decrease the size of Lots 6, 7 and 18, but likely not below the minimum. The
shift south would likely help the lots fronting Gaarde Street to stay above the minimum lot size.
PAGE 2
•
RECOMMENDATION
C?
Based on the additional findings above, Staff recommends the approval for SUB 96-0009 be
amended to include these findings and the following condition of approval addition and
modification (new language is shown in bold italics):
• Insert a new Condition #44 to the list of conditions to be satisfied "prior to approval of the final
plat":
"The applicant shall close off the existing driveway for the house located on the new lot
contained within Tax Lot 300 (WCTM 2S110BA). A new access shall be provided to this lot
either from SW 117th Avenue or from SW Sable Lane"
Note: Adding this condition will necessitate renumbering the remaining conditions in the
approval.
• Modify Condition #4 as follows:
"Additional right-of-way shall be dedicated to the Public along the frontage of SW Gaarde
Street to increase the right-of-way to 37 feet from the centerline. This dedication shall be made
on the final plat. Note: the applicant shall account for the 10 foot offset in the actual
roadway/right-of-way centerline adjacent to this site."
\brianr\comments\sub9609a.bdr
PAGE 3
•
COUNTY ROAD NO. 411
•
SURVEYORS REPORT
IN THE COUNTY COURT OF THE STATE OF OREGON, FOR
THE COUNTY OF WASHINGTON.
IN THE MATTER OF THE PETITION OF
JACOB STROM AND 26 OTHERS FOR
A COUNTY ROAD 40 FEET WIDE IN
ROAD DISTRICT NO. 9 WASHINGTON
COUNTY OREGON MADE UNDER THE
DIRECTION OF JAMES MCGOWAN AND
R. S. ROBINSON, VIEWERS APPOINTED
BY THE COURT. JACOB STROM AND
HENRY HUSLAGE WERE THE CHAINMEN
WHO WERE ALL DULY SWORN.
BEGIN APRIL 20TH 1904 AT THE 1/4 SEC. CORNER BETWEEN SEC. 3 AND 10
T.2.S., R.I.W., WILL. MER., A LARGE STONE IN THE CENTER OF COUNTY ROAD
NO. 358, AND RUN THENCE BY NEEDLE (VAR. NOT NOTED)
S 890 50'W 3.56 CH. (234.96 FT.) FOLLOWING LINE BETWEEN SECTIONS
3 AND 10. ANGLE NO. 1
SOUT 0.15 CH. (9.90 FT.) ANGLE NO. 2
S 89 50'W 2.77 CH. (182.82 FT.) ANGLE NO. 3
NORTH .15_M (9.90 FT.) ANGLE NO. 4 ON SECTION LINE
S 890 50'W 20.47 CH. (1351.02 FT.) ANGLE NO. 5 S.E. CORNER
OF AGNES VORGTS LAND.
N 000 30'E 10.31 CH. (680.46 FT.) ANGLE NO. 6 A STONE
N 280 38'E 20.35 CH. (1343.10 FT.) ANGLE NO. 7
N 00° 15'9 12.15 CH. (801.90 FT.) SET A GAS PIPE 1 1/2" x 40"
FOR TERMINUS OF COUNTY ROAD NO. 411 AT THE N:W.
CORNER OF J. H. CRAWFORDS 10 ACRE TRACT, A POINT IN
THE CENTER OF COUNTY ROAD NO. 358.
STATE OF OREGON ) SS
COUNTY OF WASHINGTON)
I CERTIFY THAT THE FOREGOING ARE THE TRUE FIELD NOTES OF COUNTY
ROAD NO. 411 AS SURVEYED BY ME ON THE 20TK DAY OF APRIL 1904.
WITNESS MY HAND THIS 27TH DAY OF APRIL 1904.
A. A. MORRILL
COUNTY SURVEYOR
FILED MAY 2, 1904
GEO. A. MORGAN
CLERK
A-r-rx*<--y,rr
:?;11g 1C-o -6w 1 C v?sw
- ` ?.H.CAAWFa+t 1
JO.Atre
.y
;?. PLAT of ,
COUN TY. ROAD °
_ N 1
N
.? .
,• It- Ae °? .
. rtfY ee • to.vs "? s
see.? I fee io ?. a bc•fi s ?a
tLS. i R r Vv {
• •
COUNTY ROAD NO. 411 VIEWERS REPORT
IN THE COUNTY COURT OF THE STATE OF OREGON
FOR THE COUNTY OF WASHINGTON.
IN THE MATTER OF THE PETITION OF
JACOB STROM AND OTHERS FOR A
COUNTY ROAD.
STATE OF OREGON. ) SS
COUNTY OF WASHINGTON)
TO THE HONORABLE COUNTY COURT OF THE STATE OF OREGON, FOR THE COUNTY OF
WASHINGTON.
THE UNDERSIGNED WHO WERE DULY APPOINTED AT THE APRIL TERM, IN THE YEAR
OF 1904 OF THE ABOVE ENTITLED COURT AS VIEWERS OF THE ROAD PRAYED FOR IN
THE ABOVE NAMED PETITION OF JACOB STROM AND OTHERS HEREBY REPORT. THAT
WE MET AT TIGARDVILLE ON THE 20TH- DAY OF APRIL 1904. THAT BEING THE
TIME AND PLACE PRESCRIBED FOR SUCH MEETING BY THE COURT, AND AFTER TAKING
AN OATH FAITHFULLY AND IMPARTIALLY TO DISCHARGE THE DUTIES OF OUR
APPOINTMENT WHICH OATH IS HEREWITH FILED. WE TOOK TO OUR ASSISTANCE
JACOB STROM AND HENRY HUSLAGE AS CHAINBEARERS AND PROCEEDED TO VIEW,
SURVEY AND LAYOUT SAID ROAD AS PRAYED FOR IN SAID PETITION, AS NEAR AS IN
OUR OPINION. A GOOD ROAD CAN BE MADE AT A REASONABLE EXPENSE, TAKING INTO
CONSIDERATION THE ABILITY, CONVENIENCE AND INCONVENIENCE AND. EXPENSE:WHICH
WILL RESULT TO INDIVIDUALS AS WELL AS TO THE PUBLIC IF SUCH ROAD SHALL BE
ESTABLISHED AND OPENED. WE ALSO CAUSED A. A. MORRILL, THE SURVEYOR,
APPOINTED FOR THAT PURPOSE, TO SURVEY THE PROPOSED UNDER OUR DIRECTION
AND CAUSED THE PROPOSED ROAD TO BE CONSPICUOUSLY MARKED THROUGHOUT, AND
THE CORNERS AND DISTANCES THEREON NOTED ALL IN THE MANNER REQUIRED BY LAW.
REFERENCE FOR PARTICULARS OF SAID SURVEY IS HEREBY MADE THE PLAT AND SURVEY
OF SAID PROPOSED ROAD, MADE BY A. A. MORRILL AND HEREWITH FILED.
WE ARE OF THE OPINION THAT SAID PROPOSED ROAD SHOULD BE ESTABLISHED IN SAID
PLAT AND SURVEY FOR THE FOLLOWING REASONS. TO-WIT.
THAT THE PROPOSED ROAD IS ON FAIRLY GOOD GROUND FOR A ENTIRE DISTANCE, AND
WILL.BE A DIRECT OUTLET FOR SEVERAL SETTLERS WHO HAVE NO ROAD AT PRESENT AND
THAT THERE IS NO ONE ENTITLED TO DAMAGE IF THE PROPOSED ROAD BE ESTABLISHED
AND OPENED. AND WE FURTHER REPORT THAT WE WERE NECESSARILY EMPLOYED A DAY
EACH AND OUR ASSISTANTS WERE EMPLOYED ONE DAY EACH.
JAMES MCGOWAN ) VIEWERS
R. S. ROBINSON)
DATED APRIL 20th 1904
FILEF) MAY 2 1904
GEO. A. MORGAN
CLERK
04/21/97 17:04 00503 684 7297 CITY OF TIGARD
•
_ 16001/001
REPLANNING
14165 SW 115th Avenue
Tigard, Oregon 97224
April 21, 1997
APR 21 1997
CITY OFTIGARD
Mr. Larry Epstein, Hearings Officer
c/o City of Tigard Planning Director
13125 SW Hall Blvd.
Tigard, Oregon 97223
REF: Evergreen Springs Subdivision, SUB 96-0009
Hawk Meadows Subdivision, SUB 97-0001
Dear Mr. Epstein:
I am writing to protest the proposed pedestrian pathway adjoining the Evergreen Springs
Subdivision and the Hawk Meadows Subdivision. The proposed pathway would interfere with
the recorded twenty foot wide easement which extends from S.W. Gaarde Street to my home
(Tax Lot 100). The pathway is not allowed pursuant to this easement and would detract from the
value and security of my home. I do not believe the city has the authority to force the developers
of Evergreen Springs Subdivision or the developers of Hawk Meadows Subdivision to construct
a public right of way on this easement.
In addition to encroaching on my property, I believe this pathway would not be a safe place for
children in daylight hours or night, and it certainly would create a safety hazard for surrounding
residents at night. Law enforcement officers would not be able to adequately patrol the pathway
except by bicycle or footpatrol.
The pedestrian pathway does not make sense from the standpoint that it would seem to overlap
my easement the entire distance from Sable Lane southward and I don't believe the city has the
authority to impose this requirement.
Sincerely,
Linda Quandt
0 0
RITA MROCZEK, PWS
3980 SW 170TH AVE.
ALOHA, OR 97007
(503).642-3739 Fax 642-4158
April 11, 1997
Tony Weller
Consulting Engineering Services, Inc.
15256 NW Greenbrier Pkwy.
Beaverton, OR 97006
Dear Mr. Weller:
At your request, I examined the property on SW Gaarde Street in Tigard known as
Evergreen Spring Subdivision which is proposed for development (Tax Lots 200 and
300).
A small dug ditch less than a foot wide crosses the property from west to east on a
10% slope. The ditch exits the site through a culvert under 115th Avenue. The
source of water in the ditch appears to be a spring and a very leaky septic system. All
the houses in this area of Gaarde Street are on septic systems.
Some creeping buttercup (Ranunculus repens) was observed at the ditch's edge.
The septic system seepage may be the prime source of water for this area and if they
were repaired or shut off, very little water would remain to sustain this wetland plant.
The watershed above the drainage is only 48 acres in size. United Sewerage
Agency's manual - chapter 3.11: 1a.2 - states that 'sensitive areas are limited to
rivers, streams and creeks carrying flows from 100 acres or more.' This "water body"
does not meet the definition of a sensitive area because its watershed is less than
100 acres and there is no area on the site:that meets the.three parameter definition
of a wetland.
If you have any questions, please let me know.
Sincerely,
i /
Rita Mroczek, PWS
0 .0
EXHIBIT B
-EMIBIT B' - TAPED PROCEEDINGS
(Verbal recording of hearing including
public, staff and Hearings Officer
communications.)
NOTE: Tapes are located in the Records Vault, Planning Section.
6 0
EXHIBIT C
*EDMU[ T C" - WRT'1`M 7ESTnCff
(App-materials and pertinent cooresp.filed
with Hearings Officer prior to public
hearing.)
E
BEFORE THE LAND USE HEARINGS OFFICER
FOR THE CITY OF TIGARD, OREGON
In the matter of an application by Consulting Engineering ) FINAL ORDER
Services for a preliminary plan to divide 5.24 acres into 18 )
lots for single family dwellings at 14235 SW 115th Avenue ) SUB 96-0009
in the R-4.5 zone of the City of Tigard, Oregon ) (Evergreen Springs)
1. SUMMARY
A. This final order concerns an application to divide 5.24 acres into 18 lots. A nineteenth
lot (TL 300) is included in the application but will not be divided as a result of the proposal
except for public right of way. The site is roughly between SW 117th and 115th Avenues
south of and adjoining SW Gaarde Street. All proposed lots, including TL 300 after
dedications, do or can comply with dimensional requirements of the R-4.5 zone. An
existing house will be retained on one lot. Seventeen lots will be used for single family
detached dwellings.
B. The applicant will dedicate right of way for and make a 3/4-width improvement to 117th
Avenue from Sable Lane to SW Gaarde Street and full-width dedications and improve-
ments to SW Sable Lane from SW 117th Avenue to the east edge of the site and to SW
116th Terrace. A private drive (SW Chestnut Lane) will serve two lots. The applicant will
dedicate right of way for Gaarde Street, but will not improve or have access to that street.
All proposed lots will have frontage on a proposed public or private street on the site. The
applicant will collect runoff and water flowing onto the site and will improve and dedicate a
water quality facility on the site. The applicant will extend public sewer and water service
to each lot.
C. At the public hearings in this matter, city staff recommended subject to conditions. The
applicant generally accepted the staff recommendations with one major exception. One
member of the public testified orally with objections and concerns. The hearings officer
held open the record two weeks to allow additional public testimony and response by the
applicant. The principal issue in this case involve whether the applicant should be required
to dedicate and improve a pedestrian pathway outside of street rights of way on the.
D. For the reasons provided and referenced in this final order, the hearings officer
approves the preliminary plan for the subdivision substantially as proposed, subject to the
conditions recommended by city staff with certain modifications described more herein.
II. HEARING AND RECORD
A. Tigard Land Use Hearings Officer Larry Epstein (the hearings officer) held a duly
noticed public hearing on April 14, 1997 to receive and consider public testimony in this
matter. The following testimony was offered at the hearing.
1. City planner Mark Roberts summarized the proposal and existing conditions on
and around the site. He discussed TL 300, noting it is included in the application only to
facilitate dedication of right of way for Sable Lane. He used overheads of the area and site
to show where city staff recommend the applicant be required to build a pedestrian
pathway. See condition of approval 42 in the Staff Report to the Hearings Officer dated
April 7, 1997 (the Staff Report). He recommended the examiner require the applicant to
place the pathways in tracts rather than in easements to make it easier to administer and
enforce maintenance requirements.
Hearings Officer Final Order
SUB96-0009 (Evergreen Springs) Page I
• •
2. Eileen Obermiller testified on behalf of Consulting Engineering Services (CES)
and the applicant. She accepted the conditions of approval recommended by city staff
generally, with the following specific exceptions:
a. She requested that condition of approval 4 be modified or administered
to allow the applicant to use a reverse curve to match the centerline segments of SW Sable
Lane on this site and the Evergreen Springs subdivision site rather than requiring all of the
lots in Hawk Meadow to shift.
b. She introduced a letter from Rita Mroczek who determined the site does
not contain a wetland or waterbody. Therefore she requested that condition of approval 24
be deleted.
c. She raised concerns about condition of approval 26, which requires
relocating the Jaki Lane turn-around to save the large tree there or show it is damaged or
diseased. She speculated that the tree may have to be removed, because there is no way to
place the turn-around outside of the crown of the tree without reducing the size of resulting
lots too much. She requested that the condition of approval allow that.
d. She objected to condition of approval 27, which requires the pathway in
the private drive and across lot 8 to connect to the pathway from Evergreen Springs, due to
concerns about visibility and user safety.
3. Several witnesses testified against condition of approval 27, arguing the
pathway would be unsafe, including Carl Jensen of CES, Alan Deharpport, Becky
Anderson, Linda Quandt and Mr. Lynn Hatch (one of the owners of the site).
B. The applicant submitted a report from an arborist before the record closed on April 21,
1997.
III. DISCUSSION
A. City staff recommended approval of the application based on findings and conclusions
and subject to conditions of approval recommended in the Staff Report as modified by Mr.
Roberts' testimony at the hearing in this matter. The hearings officer agrees generally with
those findings, conclusions and conditions, and adopts the affirmative findings in the Staff
Report as support for this Final Order except as expressly provided to the contrary in this
Final Order.
B. As in the companion case decided this day (SUB 96-0009 (Evergreen Springs)), a
significant disputed issue in this case is whether to extend a pedestrian/bikeway from SW
114th over Jaki Lane and across lot 8 to the pathway segment recommended in the Staff
Report for the Evergreen Springs subdivision. The hearings officer's analysis is similar in
both cases.
1. The block length of Sable Lane will be more than 600 feet, because it will not
intersect another through street between SW 117th and SW 114th Avenues. Therefore
CDC 18.164.040(B)(2) requires a pedestrian/bikeway.
2. But existing development can preclude extension of a pedestrian pathway. For
that reason, staff did not recommend requiring a pathway to extend north or south of the
site. Staff did not apply that principle to the site and land to the west, although they did not
discuss the issue much in the Staff Report or at the hearing.
Hearings Officer Final Order
SUB 97-0001 (Hawk Meadows) Page 2
• •
but no one has approached him for such an easement. Mr. Weller responded that the sewer
is east of TL 4100 and 4200. If the developer of Hawk Meadows extends a sewer line
along Sable Lane east of the site, the developer of evergreen Springs can extend it west
from there without crossing Mr. Hodapp's property.
B. After the public hearings and before the record closed, the hearings officer received into
the record a letter dated April 21, 1997 from Ms. Quandt. In the letter, she objects to the
proposed pedestrian pathway, because it would interfere with and is not authorized by the
easement from Gaarde Street to her home on TL 100. The applicant did not respond to Ms.
Quandt's letter or offer additional argument before the record closed on April 28, 1997.
III. DISCUSSION
A. City staff recommended approval of the application based on findings and conclusions
and subject to conditions of approval recommended in the Staff Report as modified by Mr.
Rager's memorandum to the hearings officer and testimony at the hearing in this matter.
The hearings officer agrees generally with those findings, conclusions and conditions, and
adopts the affirmative findings in the Staff Report as support for this Final Order except as
expressly provided to the contrary in this Final Order.
B. The only issue disputed in this case is whether to extend a pedestrian/bikeway from SW
116th Terrace to the east and north to proposed Jaki Lane in Hawk Meadows.
1. City staff correctly point out that CDC 18.164.040(B)(2) states that when the
length of a block is more than 600 feet, pedestrian/bikeways shall be provided through the
block. See pp. 18-19 of the Staff Report. The block length of Sable Lane will be more
than 600 feet, because it will not intersect another through street between SW 117th and
SW 114th Avenues. Ergo, a pedestrian path is required.
2. But implementation of CDC 18.164.040(B)(2) is not straightforward. City staff
recognized that existing development can preclude extension of a pedestrian pathway. For
that reason, staff did not recommend requiring a pathway to extend south of the site. Staff
did not apply that principle to the site and land to the east (Hawk Meadows), although they
did not discuss the issue much in the Staff Report or at the hearing.
3. The hearings officer recognizes there is a significant difference between land that
is developed and land that is not developed. The city has no practical means of creating a
pedestrian pathway to the south, because of existing development. Therefore a path should
not extend south. The city has a practical means of creating an east-west pathway between
SW 114th Avenue and 116th Terrace through the site in this case and the Hawk Meadows
case by requiring it as a condition of approval before those sites are developed. Such a
requirement potentially serves a permitted government purpose: pedestrian safety and
connectivity. It is directly related to the impact of the subdivision, because the subdivision
violates the block length standard, and it is an alternative to denial for failure to comply
with those standards. City staff are correct in requiring an applicant who proposes a
subdivision that does not comply with the block length standard to provide an alternative
connection for pedestrian and bicycles, absent circumstances that preclude such a pathway.
4. But the hearings officer finds that, at least in this case, the general rule is subject
to proposed development as well as existing development. In this case development is
proposed (Evergreen Springs and Hawks Meadow) and development exists (i.e., the house
on TL 100) that preclude a functional, safe and convenient pedestrian/bikeway, like
existing development in Shadow Hills to the south. The hearings officer finds that the
proposed and existing houses in the alignment between SW Chestnut Lane and SW Jaki
Hearings Officer Final Order
SUB96-0009 (Evergreen Springs) Page 3
• •
Lane (in Hawk Meadows) make the proposed path circuitous, reducing its convenience and
any savings in travel distance.' Existing and proposed development also make the pathway
difficult to accommodate while protecting the privacy and security of adjoining properties,
particularly substandard-sized TL 100.2 The lack of visibility of much of the pathway
route raises reasonable fears about the safety of people on the pathway. Based on the
foregoing concerns and limitations of the pathway recommended in this case, and given the
absence of city standards for pathway location and development, the hearings officer finds
that the potential adverse impact of the pathway outweighs its potential benefits, and
concludes the pathway should not be required. The hearings officer expressly rejects the
portion of the Staff Report that recommends such a pathway.
C. The applicant requested that the hearings officer authorize the city engineer to reduce the
required dedication for Gaarde Street to preserve the house on TL 300. It was not realized
until the day of the hearing that the jog in Gaarde Street could require the applicant to
dedicate right of way approaching the house. The issue is whether the circumstances
warrant varying from the requirement of CDC 18.164.030(A) that an applicant dedicate a
half-width right of way for streets abutting a development. The hearings officer finds that
authority should be granted to the city engineer to reduce the required right of way
dedication for SW Gaarde Street to the minimum extent reasonably necessary to preserve
the house on TL 300 and to protect the house and its occupants from adverse impacts of
traffic, because the house is an existing condition that does or may preclude compliance
with CDC 18.164.030(A).
D. In response to testimony by Mr. Hodapp, sewer service to the site can be provided
through Hawk Meadows without crossing his property. If that or something similar does
not happen (i.e., the sewer cannot be extended in a public right of way), such that the only
route for sewer service is through Mr. Hodapp's property, the applicant is responsible for
securing an easement or equivalent for such a crossing.
E. Condition of approval 26 requires the applicant to pave the access drive to the water
quality facility and to have a drive separate from the drive to TL 100. That may be
desirable but is not required by the CDC. To reduce storm water runoff and compaction,
the city engineer should have authority to allow another all-weather surface to be used for
the drive and to allow access to the water quality facility to share the drive serving TL 100
if the owner of TL 100 agrees to allow the city to use the easement for that purpose.
IV. CONCLUSION
The hearings officer concludes that the application complies with the relevant standards and
criteria of the Tigard Community Development Code (CDC) or with standards and criteria
for permitted adjustments and modifications to the CDC (e.g., regarding solar access, right
of way dedication and improvement, and creation of pathways as mitigation for oversized
t The pathway might save up to 750 feet of a journey to a destination south on 114th Avenue. City staff
suggested at the hearing that the pathway could go along the easement between Sable Lane and TL 100.
But it is not clear from the record that the city has the authority to require a pathway along the easement to
TL 100. Ms. Quandt disputes that the city has such authority, and the city has not responded to the
contrary. Moreover such a location for a pathway achieves little functional connectivity and subjects users
to the potential hazard of vehicles entering and exiting TL 100 and the storm water facility. The hearings
officer finds such a location for the pathway is not warranted by CDC 18.164.040(B)(2).
2 A pathway would be more functional and safe, even if it crosses private property, if it was straight and
readily visible from both ends. But SW Jaki Lane and Chestnut Lane are not aligned, and a pathway
connecting them cannot be straight or visible from both ends. The shape and orientation of the sites and
location of the house on TL 100 appear to preclude their alignment.
Hearings Oytcer Final Order
SUB96-0009 (Evergreen Springs) Page 4
block length) as provided in this Final Order, provided the application is subject to
conditions of approval that ensure the final subdivision plat and subsequent development
will comply with applicable CDC standards and criteria. Therefore the application should
be approved subject to such conditions.
V. DECISION
Based on the findings and conclusions provided or referenced in this Final Order, the
hearings officer hereby approves SUB96-09 (Evergreen Springs) subject to the conditions
of approval in the Staff Report with the following changes:
A. Condition of approval 4 is hereby amended to read as follows:
4. Additional right of way shall be dedicated to the public along the frontage of
SW Gaarde Street to increase the right of way to 37 feet from the centerline
except as otherwise provided herein. This dedication shall be made on the
final plat. The dedication shall reflect the existing jog in the centerline. The
city engineer may reduce the required dedication to the minimum extent
reasonably necessary to preserve the house on TL 300. If the city engineer
reduces the required dedication, he or she may impose conditions to protect
the house and its occupants from adverse impacts of traffic.
B. Condition of approval 13 is hereby amended to read as follows:
13. Lots 1 through 5 and Tax Lot 300 shall not be permitted to access directly
onto SW Gaarde Street. The final plat shall contain a non-access reserve
strip on the SW Gaarde Street frontage of these lots. The applicant shall
close-off the existing driveway for the house on Tax Lot 300 (WCTM 2S 1
10BA) and provide a new access to this lot from SW 117th Avenue or SW
Sable Lane.
C. Condition of approval 26 is hereby amended to read as follows:
26. The applicant shall provide a maintenance access road to the water quality
facility and any drainage structures within the facility to accommodate city
maintenance vehicles. The access roadway shall be paved or improved with
another all-weather surface approved by the city engineer. The improved
width shall be at least 15 feet wide. The road shall be separate from the
driveway serving the home on TL 100 unless the city engineer concludes
the driveway to TL 100 provides adequate access to the water quality facility
and the owner of TL 100 authorizes the city to use it for that purpose.
D. Condition of approval 32 is hereby amended to read as follows:
32. The final plat shall indicate how access is to be provided to Tax Lot 100 and
the water quality facility.
E. Condition of approval 42 is hereby deleted.
AT ,D,,JWs 6th dprof May, 1
fry Ep tein
City of =engs Officer
Hearings Oycer Final Order
SUB96-0009 (Evergreen Springs) Page 5
Agenda Item: 2.1
Hearing Date: April 14, 1997 7:00 PM
SECTION I: APPLICATION SUMMARY
CASES: FILE NAME: EVERGREEN SPRINGS SUBDIVISION
Subdivision SUB 96-0009
PROPOSAL: The applicant has requested subdivision approval to divide two
parcels totaling 5.24 acres into eighteen lots ranging in size from
7,598 to 16,363 square feet.
APPLICANT: Consulting Engineering Services OWNER: Kitty C. Huggins-Fudge
Attention: Anthony Weller Attention: Brad Fudge
15256 NW Greenbrier Parkway 14235 SW 115th Avenue
Beaverton, OR 97006 Tigard, OR 97224
COMPREHENSIVE
PLAN
DESIGNATION: Low Density Residential; 1-5 Dwelling Units Per Acre.
ZONING
DESIGNATION: Residential, 7,500 Square Foot Minimum Lot Size; R-4.5.
LOCATION: 14235 SW 115th Avenue; WCTM 2S110BA, Tax Lots 00200 and
00300.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92,
18.96, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164.
SECTION II: STAFF RECOMMENDATION
Staff rec"omm"ends that the Hearing's' Officer find that the proposed development will not
adversely affect the health, safety, and welfare of the City. Therefore, staff recommends
APPROVAL, subject to the following recommended Conditions' of Approval:
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 1
•
•
1. Prior to approval of the final plat, a public improvement permit and compliance
agreement is required for this project. Six (6) sets of detailed public improvement
plans and profile construction drawings shall be submitted for preliminary review to
the Engineering Department. Once redline comments are addressed and the plans
are revised, the design engineer shall then submit nine (9) sets of revised drawings
and one (1) itemized construction cost estimate 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.) Public improvement
plans shall conform to City of Tigard Public Improvement Design Standards which are
available at City Hall.
2. As a part of the public improvement plan submittal, the Engineering Department shall
be provided with the name, address, and telephone number(s) of the individual(s) or
corporate entity who will be responsible for executing the compliance agreement and
providing the financial assurance for the public improvements.
3. 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 site improvements or buildings
proposed by this application, and shall include the vehicles of all suppliers and
employees associated with the project.
4. Additional right-of-way shall be dedicated to the Public along the frontage of SW
Gaarde Street to increase the right-of-way to 37 feet from the centerline. This
dedication shall be made on the final plat.
5. Prior to approval of the public improvement permit, the applicant shall demonstrate
that the necessary right-of-way for SW 117th Avenue has been obtained and
dedicated to the public. The City shall review and approve the right-of-way dedication
prior to recording.
6. The applicant shall dedicate right-of-way at the southeast corner of SW 117th Avenue
and SW Gaarde Street to provide a 25-foot right-of-way radius. This dedication can
be made on the final plat.
7. Prior to approval of the construction drawings, the applicant shall coordinate with the
developer of the Hawk Meadows subdivision with regard to the centerline alignment
of SW Sable Lane at the eastern boundary of this site. It appears that the centerline
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 2
CONDITIONS OF APPROVAL
• •
of the roadway will need to be shifted 10 feet to the south so that the centerline is
offset ten (10) feet from the north boundary of the Hawk Meadows Subdivision site
(Tax Lots 3700, 3800, 3900 and 4300; 2S11013A).
8. The applicant shall construct a 3/4-street improvement along the frontage of SW
117th Avenue. The street, when fully improved, will have a pavement width of 28
feet. The improvements adjacent to this site shall include:
A. City standard pavement section from curb to centerline equal to 14 feet, plus
an additional ten (10) feet of pavement on the west side of centerline to ensure
safe, two-way traffic will be accommodated;
B. pavement tapers needed to tie the new improvement back into the existing
edge of pavement shall be built beyond the site frontage;
C. curb;
D. storm drainage, including any off-site storm drainage necessary to convey
subsurface runoff;
E. Five (5)-foot concrete sidewalk on the east side;
F. street striping, if necessary;
G. streetlights, as determined by the City Engineer;
H. underground utilities (NOTE: the applicant may be eligible to pay a fee in-lieu
of undergrounding existing overhead utilities);
1. street signs;
J. driveway apron (if applicable); and
K. adjustments in vertical and/or horizontal alignment to construct SW 117th
Avenue in a safe manner, as approved by the Engineering Department.
9. Full width street improvements, including traffic control devices, mailbox clusters,
concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary
sewers, storm drainage, streetlights, and underground utilities shall be installed within
the subdivision. Improvements shall be designed and constructed to local street
standards.
10. The internal public streets are approved to have 42-foot right-of-way and 28-foot
pavement widths.
11. A profile of SW 117th Avenue shall be required, extending 300 feet south of the
subject site showing the existing grade and proposed future grade.
12. An agreement shall be executed by the applicant, on forms provided by the City,
which waives the property owner's right to oppose or remonstrate against a future
Local Improvement District formed to improve SW Gaarde Street.
13. Lots 1 through 5, plus Tax Lot 300, shall not be permitted to access directly onto SW
Gaarde Street. The final plat shall contain a non-access reserve strip on the SW
Gaarde Street frontage of these lots.
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 3
• •
14. The applicant shall cause a statement to be placed on the final plat to indicate that
the proposed private street (SW Chestnut Lane, Tract D) will be jointly owned and
maintained by the private property owners who abut and take access from it.
15. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants
and Restrictions (CC&R's) for this project, to be recorded with the final plat, that
clearly lays out a maintenance plan and agreement for the proposed private street.
The CC&R's shall obligate the private property owners within the subdivision to
create a homeowner's association to ensure regulation of maintenance for the street.
The applicant shall submit a copy of the CC&R's to the Engineering Department prior
to approval of the final plat.
16. Any extension of public water lines shall be shown on the proposed public
improvement construction drawings and shall be reviewed and approved by the City's
Water Department, as a part of the Engineering Department plan review. Fire
hydrant locations shall be approved by the Water Department.
17. The applicant shall replace the 6-inch public water line in SW 117th Avenue, along
the site frontage, as a part of the required street improvements.
18. Sanitary sewer and storm drainage details shall be provided as part of the public
improvement plans. Calculations and a topographic map of the storm drainage basin
and sanitary sewer service area shall be provided as a supplement to the public
improvement plans. Calculations shall be based on full development of the
serviceable area. The location and capacity of existing, proposed, and future lines
shall be addressed.
19. The applicant shall provide sanitary sewer service to the adjacent undeveloped
properties. The public sewer line in SW Sable Lane shall be extended to SW 117th
Avenue in such a manner that it can be further extended south in SW 117th Avenue
in the future. The line shall be extended to the edge of any street improvement that is
constructed in SW 117th Avenue.
20. Prior to construction approval, the applicant shall obtain an off-site public sanitary
sewer easement from the parcel(s) to the east for extension of the existing public
sanitary sewer line. The easement shall be reviewed and approved by the City prior
to recording.
21. Prior to construction approval, the applicant's design engineer shall submit
documentation, for review by the City Engineering Department, of the downstream
capacity of any existing storm facility impacted by the proposed development. The
design engineer must perform an analysis of the drainage system downstream of the
development to a point in the drainage system where the proposed development site
constitutes ten (10) percent or less of the total tributary drainage volume, but in no
event less than 1/4 mile.
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 4
• •
22. If the capacity of any downstream public storm conveyance system or culvert is
surpassed during the 25-year design storm event due directly to the development, the
developer shall correct the capacity problem or construct an on-site detention facility.
23. If the projected increase in surface water runoff that will leave a proposed
development will cause or contribute to damage from flooding to existing buildings or
dwellings, the downstream stormwater system shall be enlarged to relieve the
identified flooding condition prior to development or the developer must construct an
on-site detention facility.
24. The applicant shall provide storm sewer service to adjacent unserved/undeveloped
parcels.
25. Final design plans and calculations for the proposed public water quality facility shall
be submitted to the Engineering Department as a part of the public improvement
plans. Included with the plans shall be a proposed landscape plan to be approved by
the City Engineer. The proposed facility shall be dedicated in a tract to the City of
Tigard on the final plat. As a part of the improvement plans submittal, the applicant
shall submit an Operations and Maintenance Manual for the proposed facility for
approval by the Maintenance Services Director. The facilities shall be maintained by
the developer for a three (3)-year period from the conditional acceptance of the public
improvements. A written evaluation of the operation and maintenance shall be
submitted and approved prior to acceptance for maintenance by the City.
26. The applicant shall provide a maintenance access road to the facility and any
drainage structures within the facility to accommodate City maintenance vehicles.
The access roadway shall be paved, a minimum of 15 feet wide and shall be
separate from the private driveway access to Tax Lot 100.
27. An erosion control plan shall be provided as part of the public improvement drawings.
The plan shall conform to "Erosion Prevention and Sediment Control Plans -
Technical Guidance Handbook, February 1994."
28. A final grading plan shall.be submitted showing the existing and proposed contours.
The plan shall detail the provisions for surface drainage of the lots that are to be
"pad" graded to insure that the drainage is directed to the street or a public facility
approved by the Engineering Department. A soils report shall be provided detailing
the soil compaction requirements consistent with the requirements of Appendix
Chapter 33 of the Uniform Building Code (UBC).
29. The applicant shall provide a geotechnical report, per Appendix Chapter 33 of the
UBC, for the proposed grading slope construction. The recommendations of the
report shall be incorporated into the final grading plan. A final construction
supervision report shall be filed with the Engineering Department prior to issuance of
building permits.
30. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard
pursuant to ORS 468.740 and the Federal Clean Water Act.
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 5
• •
31. The applicant shall either place the existing overhead utility lines along SW Gaarde
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, it shall
be paid prior to approval of the final plat.
32. The final plat shall indicate how access is to be provided to Tax Lot 100.
33. Utility plans shall be revised in accordance with the recommended changes detailed
in the City Department section of this report. STAFF CONTACT: Mike Miller, Water
Department.
34. The Tualatin Valley Fire District reviewed this proposal and stated that the plan was
not approved and that plans shall be submitted to the Fire Marshall's Office for
review and approval. The plan shall be revised to address the comments listed
under agency comments within this report. CONTACT: Gene Birchill, Tualatin
Valley Fire District.
35. Any existing homes that are to be kept shall be connected to sanitary sewer
service. STAFF CONTACT: David Scott, Building Division.
36. The applicant shall pay a $295 Final Plat review check fee prior to submitting the
final plat to the City for review. STAFF CONTACT: Mark Roberts, Planning
Division.
37. A bond or other method of assurance shall be provided prior to approval of the
subdivision plat in order to insure planting of required street trees. Prior to release of
a bond the street trees shall be planted. STAFF CONTACT: Mark Roberts, Planning
Division.
38. The applicant shall mitigate for the loss of the existing 197 caliper inches of trees so
that no net loss occurs. STAFF CONTACT: Mark Roberts, Planning Division.
39. The existing detached garage shall be removed or relocated to comply with the five
(5)-foot side and rear yard setback standard. Development Code standards allow a
detached accessory structure to be developed at up to 15 feet in height and 528
square feet in size. If the existing detached garage does not comply with these
standards, the structure would also be required to be modified to comply if it is
relocated to another portion of the property. STAFF CONTACT: Mark Roberts,
Planning Division.
40. The applicant shall also record a deed restriction for those trees that are to be
preserved. The deed restriction may be removed or may be considered invalid if a
tree preserved in accordance with this section should either die or be removed as a
hazardous tree. STAFF CONTACT: Mark Roberts, Planning Division.
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 6
• •
41. The applicant shall also construct the recommended tree protection measures for
trees that are recommended for preservation. The consulting arborist shall provide a
written report that these measures have been installed. STAFF CONTACT: Mark
Roberts, Planning Division.
42. The subdivision shall be redesigned to provide a pedestrian pathway system from the
end of SW Chestnut Lane between Lots 10 and 11 to the east, and then north to an
alignment with proposed street, SW Jaki Lane, within the pending Hawk Meadows
Subdivision. It is also recommended that pathway be provided south from SW Sable
Lane along the eastern property line to the same SW Jaki Lane alignment. This will
provide a complete pedestrian system throughout both projects. This will necessitate
paving a pathway roughly in an alignment with the existing gravel driveway that
serves Tax Lot 100. This pathway shall at a minimum, be designed to comply with
the City's Engineering Design Standards. STAFF CONTACT: Mark Roberts,
Planning Division.
43. A wetlands' determination, and if necessary, delineation shall be provided for the
property in order to address Unified Sewerage Agency (USA) concerns over the
perennial stream through the site. This study shall be prepared by a wetland's
biologist. STAFF CONTACT: Mark Roberts, Planning Division.
44. Prior to issuance of building permits, the applicant shall provide the Engineering
Department with one (1) recorded mylar copy of the subdivision plat.
45. Prior to issuance of any building permits within the subdivision, the public
improvements shall be deemed substantially complete by the City Engineer.
Substantial completion shall be when:
1. all utilities are installed and inspected for compliance, including franchise
utilities;
2. all local residential streets have at least one (1) lift of asphalt;
3. any off-site street and/or utility improvements are completely finished; and
4. all street lights are installed and ready to be energized.
18.160.170 Improvement Agreement:
1. Before City approval is certified on the final plat, and before approved construction
plans are issued by the City, the Subdivider shall:
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 7
• 0
A. Execute and file an agreement with the City Engineer specifying the period
within which all required improvements and repairs shall be completed; and
B. 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.
2. 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.
18.160.180 Bond:
1. As required by Section 18.160.170, the subdivider shall file with the agreement an
assurance of performance supported by one of the following:
A. An irrevocable letter of credit executed by a financial institution authorized to
transact business in the State of Oregon;
B. 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
C. Cash.
2. 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.
3. The subdivider shall not cause termination of nor allow expiration of said guarantee
without having first secured written authorization from the City.
18.160.190 Filing and Recording:
1. 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.
2. Upon final recording with the County, the applicant shall submit to the City a mylar
copy of the recorded final plat.
18.162.080 Final Plat Application Submission Requirements:
1. Three copies of the subdivision plat prepared by a land surveyor licensed to practice
in Oregon, and necessary data or narrative.
2. 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.
3. Street centerline monumentation shall be provided as follows:
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 8
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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).
3. All centerline monuments shall be set during the first lift of pavement.
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.
18.164 Street & Utility Improvement Standards:
1. 18.164.120 Utilities
A. 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.
2. 18.164.130 Cash or Bond Required
A. 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.
B. 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.
C. The cash or bond shall comply with the terms and conditions of Section
18.160.180.
3. 18.164.150 Installation: Prerequisite/Permit Fee
A. 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.
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 9
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4. 18.164.180 Notice to City Required
A. Work shall not begin until the City has been notified in advance.
B. If work is discontinued for any reason, it shall not be resumed until the City is
notified.
5. 18.164.200 Engineer's Certification Required
A. The land divider's engineer shall provide written certification of a form provided
by the City that all improvements, workmanship and materials are in accord
with current and standard engineering and construction practices, and are of
high grade, prior to the City acceptance of the subdivision's improvements or
any portion thereof for operation and maintenance.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS'
FROM THE EFFECTIVE' DATE>OF THIS DECISION**..>
SECTION III: BACKGROUND INFORMATION
Site History:
The property is presently developed with two detached, single-family residences, a barn
and two sheds. A third detached, single-family residence and barn is located within a
separate lot that is surrounded by the subdivision. The majority of the property is
presently planted with Christmas Trees. Other trees are also scattered throughout the
site.
The City Council recommended approval of annexation of the subject properties to the
City on April 25, 1995 through Zone Change Annexation (ZCA) #95-0002. At that time,
the City Council recommended annexation of Tax Lots 200 and 300 without Tax Lot 100.
Tax Lot 100 is surrounded by the subdivision, but is not owned by the applicant. The
Boundary Commission approved the annexation on June 1, 1995 but required the
annexation to include all three tax lots. No other development applications have been
filed for the property since that action.
Vicinity Information:
To the west the property is adjoined by detached, single-family residences. To the south,
the property abuts detached, single-family residences within the Shadow Hills Subdivision.
To the north, the property has frontage on SW Gaarde Street. Also to the north of SW
Gaarde Street is a cemetery. To the east, the property is adjacent to detached, single-
family residences and vacant lots within the Coles Acres Subdivision. Areas to the east
also have a pending subdivision application known as Hawk Meadows.
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 10
Site Information and Proposal Description:
The site slopes towards the north and east a total of 58 feet over a distance of 600 feet.
The property is presently developed with two detached, single-family residences; a barn
and two sheds. A third detached, single-family residence and barn is located within a
separate lot that is not on the applicant's property but would be within the subdivision.
The majority of the property is presently planted with Christmas Trees. Other trees are
also scattered throughout the site.
The proposal is to subdivide two adjoining properties, with a total of 5.24 acres; into
eighteen lots to develop seventeen new detached, single-family residences. A public
street to be developed as a project entry from SW 117th Avenue. This street is proposed
to be named SW Sable Lane and would be extended to the east by future development to
SW 114th Avenue. A private street is proposed to be developed from the second public
street. The second public street is proposed to be developed as a
cul-de-sac street, SW 116th Terrace.
SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
Impact Stud/: Section 18.32.050 states the applicant shall either specifically concur
with a requirement for public right-of-way dedication, or provide evidence that
supports that the real property dedication requirement is not roughly proportional
to the projected impacts of the development. Alternatively, an applicant may
specifically concur with the requirement for dedication of right-of-way to the public
and waive the impact study analysis by dedicating the right-of-way and completion
of a waiver statement. An impact study waiver was provided. The applicant proposes to
develop under existing required system development fees and construct full street
improvements for proposed Local Streets, SW Sable Lane and SW 116th Terrace that are
being developed to serve the proposed development. The applicant also proposes to
construct a private street (SW Chestnut Lane) to serve two (2) or three (3) of the lots.
Any required street improvements to certain collector or higher volume streets, and the
Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at
the time of development. Based on a transportation impact study prepared by Mr. David
Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to
recapture 32% of the traffic impact of new development on the Collector and Arterial
Street system. Presently, the TIF for each trip that is generated is $169.00 The total TIF
for a detached, single-family dwelling is $1,690.00.
Because these are Local Streets, no TIF Credits are applicable in conjunction with the
development of Local Street Improvements to serve this development. A right-of-way
dedication of 1,500 square feet of property has been recommended for future widening of
the site's SW Gaarde Street frontage. Assuming $3 per square foot, a total value of
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 11
•
$4,500 is estimated. This section of SW Gaarde Street is eligible for a credit of up to 1/2
of this value.
Upon completion of the subdivision improvements, the future builders of the residences
will be required to pay TIF's of approximately $28,730.00 ($1,690 x 17 dwelling units). If
the estimated non TIF creditable right-of-way for SW Gaarde Street is added ($2,250) then
a total traffic impact fee payment of $30,980 is assumed. Based on an estimate that total
TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that
would cover 100 percent of the project traffic impact on major streets is $89,760.00
($5,280 x 17). For this reason, development of the property under the required Conditions
of Approval in this Staff Report will have an unmitigated traffic impact of $58,780.00.
For this reason, the cost of all required and potential future street improvements (as
discussed within this report) are less than the impact and, therefore, roughly proportional
to the impact of the development.
Use Classification: Section 18.42 sets forth use definitions for use classifications.
The applicant is proposing to create building sites for detached, single-family
residences. This use is classified in Section 18.42 as single family detached
residential dwelling. Section 18.42 lists detached, single-family residences as a permitted
use in the R-4.5 Zoning District. The applicant proposes to develop seventeen new
detached, single-family residences that are one of the permitted uses within the R-4.5
Zoning District.
Dimensional Requirements: Section 18.50 states that the minimum lot area for each
dwelling unit in the R-4.5 zoning district is 7,500 square feet. An average lot width
requirement of 50 feet is required in the R-4.5 Zoning District. Each of the eighteen
proposed lots exceeds the 7,500 square foot lot minimum, in compliance with this standard.
Each lot also exceeds the 50 foot average width requirement. Lots 1-4 have the narrowest
widths with an average of 67 feet.
Development Standards: Section 18.50 contains standards for the R-4.5 Zoning
District. Section 18.144 sets forth standards for the permitted size, height and
setbacks for detached accessory structures. Single-family detached residential units
are a permitted use in the zone, and must comply with the following dimensional
requirements:
Minimum lot size 7,500 Square Feet
Average lot width 50 Feet
Front setback 20 Feet
Garage setback 20 Feet
Interior sideyard setback 5 Feet
Corner sideyard setback 15 Feet
Rear setback 15 Feet
Maximum building height 30 Feet
Detached Accessory Structure (Side, Rear Setback) 5 Feet
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 12
The preliminary plat submittal did not indicate the precise building envelope after subtraction
of setbacks. However, the proposed building sites appear to be of sufficient width and depth
to accommodate detached, single-family residences as proposed. Considering the location
of the proposed property lines, the existing home will also comply with the R-4.5 Zoning
District setback standards.
The existing barn is located partially within SW 116th Terrace. Due to its location, the barn
cannot comply with the front yard setback standards and must be removed prior to recording
the plat. The existing sheds within Lots 9 and 12 appear to comply with the five (5)-foot side
and rear yard setback standards. If it is determined during the final plat review, that these
structures do not comply with the setback standards, they shall be removed or relocated so
that they do comply. Where in compliance with other development standards, the applicant
may also reconfigure lot lines to comply with this setback. Also, it should be noted that the
current Development Code standards allow a detached accessory structure to be developed
at up to 15 feet in height and 528 square feet in size. If the existing sheds do not comply
with these standards, they would be required to be modified or relocated to comply with the
code.
Solar Access: Section 18.88.040(C)(1) contains solar access standards for new
residential development. A subdivision complies with the design standards where
80% or more of the newly created parcels meet either the Basic Solar Access
Standard, the Solar Building Line Option or the Performance Option.
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. 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 that 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 that adds five percent or more to
the cost of each lot. To comply with the Basic Standard, a minimum of fifteen (15) of the
eighteen (18) lots (or 80%) are required to comply with the Basic Solar Access standard, the
Solar Building Line Option, or the Performance Option. As designed, a total of twelve (12)
lots comply with the Basic Standard. Specifically Lots 1-7, 9, 11, 12, 13 and 14 comply
because they provide a minimum north-south dimension of 90 feet or more. Due to impacts
to site density that would add more than five (5) percent to the cost of each lot, it is
recommended that three (3) of the remaining lots be exempted from compliance with the
standard. Specifically Lots 16-18 should be exempted from compliance with the three (3)
subdivision design requirements.
Solar Balance Point: Section 18.88.050(B) requires that one and two (2) family
residences that are developed on lots that were exempted from Compliance with the
Basic Solar Access standards comply with the Solar Balance Point requirements.
The Solar Balance Point standards will apply to this development at the time of Building
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 13
• •
Permit application. The plans for the residences to be built on each of the lots will be
reviewed for conformance with the height and building design standards of the Solar
Balance Point requirements. Each home will be required to be designed to ensure that the
southern building elevation will have access to passive solar energy for heating and cooling
purposes. The Solar Balance Point Standards apply to each lot whether they were
exempted from the subdivision design standard or not.
Densi : Section 18.92.020 contains standards for determining the permitted project
density. The number of allowable dwelling units is based on the net development
area. The net area is the remaining area, excluding sensitive lands and land
dedicated for public roads or parks. The net area is then divided by the minimum
parcel size permitted by the zoning district to determine the number of lots that may
be created on a site. The applicant has provided calculations concerning the allowed
density for this site. The total gross site area is 5.24 acres or 228,254 square feet. A total
square footage of 45,650 square feet or 20% of the site is deducted for areas dedicated to
the public for right-of-way. The minimum lot size of the zoning district, 7,500 square feet, is
also deducted for the two (2) existing homes that are to remain.
This leaves a net buildable area of 167,604 square feet. By dividing the minimum lot size of
7,500 square feet into the net buildable area, the property has the area to yield up to
twenty-two (22) dwelling units. The applicant has proposed to develop a total of seventeen
(17) new dwelling units and maintain the two (2) existing dwellings. Because the nineteen
(19) total dwellings are less than the 23 dwelling units that are permissible, this subdivision
complies with the density standards of this section.
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
that 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.
Section 18.100.035(B) states the specific spacing of street trees by size of tree shall
be as follows:
1. Small or narrow stature trees (under 25 feet tall and less than 16 feet wide
branching) shall be spaced no greater than 20 feet apart;
2. Medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching)
shall be spaced no greater than 30 feet apart;
3. Large trees (over 40 feet tall and more than 35 feet wide branching) shall be
spaced no greater than 40 feet apart;
The applicant's submittal included a street tree planting plan. The street tree planting plan
proposes to provide Redmond Linden trees on SW Sable Lane and SW Chestnut Lane.
The street tree planting plan also proposes Red Maples on SW 116th Terrace. Based on
the trees large size at maturity, the proposed 30-foot spacing complies with the street tree
planting standards, as proposed. A bond or other method of assurance shall be provided
prior to recording the subdivision plat in order to assure planting. Prior to release of the
deposit, the street trees shall be planted.
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 14
0 0
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-of-way
and the driveway and then connecting these two (2) 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. Through the
building permit review process, setbacks of the structures will be checked. Based of the
location of the buildable areas on this property, it is expected that future site improvements
can comply with this requirement.
Access: Section 18.108 sets minimum standards for access to residential
development. Section 18.108.070 (A) allows private streets to be developed to serve
up to six dwelling units. As proposed, up to three (3) lots would utilize SW Chestnut Lane
(a private street), for access. Because less than six (6) dwellings will take access from the
private street, this subdivision conforms to this standard as proposed.
Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal
and protection of trees prepared by a certified arborist shall be provided with a
subdivision 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. The applicant has provided an arborist report and conceptual mitigation
plan that identifies all existing trees greater than 12 inches in diameter. Much of the property
is presently planted with trees for sale as Christmas trees. Community Development Code
Section 18.150. 030(B)(4) exempts the removal of Christmas trees from permit
requirements.
The site has nine (9) other viable trees that are in excess of 12 inches in diameter. Most of
these trees were planted around the existing residences on the property. The proposed site
plan identifies two (2) trees that will be saved. Due to the extensive grading necessary to
develop the property, it is recommended that the applicant be permitted to remove the trees,
as proposed. Since the applicant is retaining less than 75 percent of the existing trees,
Section 18.150.070.D. of the code requires tree mitigation for 100% of the trees that are to
be lost. A total of 197 caliper inches will be lost through the development of the property.
The applicant agreed to comply with one (1) or more of the allowed tree mitigation
measures.
Prior to recording the plat, the applicant shall record a deed restriction for those trees that
are to be preserved. The applicant shall also construct the recommended tree protection
measures for these trees. The applicant shall mitigate for the loss of the existing 197 caliper
inches of trees, such that, no net loss occurs.
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 15
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.
Compliance with the standards listed in Criterion 1 are addressed elsewhere within this staff
report. The proposed Evergreen Springs plat name is not known to duplicate other plats as,
required by Criterion 2. The proposal addresses Criterion 3 because street improvements
for the new Local and a Private Street are proposed. Due to engineering design constraints,
it is recommended that street improvements to SW Gaarde Street be deferred until
improvement of the length of the entire street is undertaken. The common area that is
proposed is to serve as a Water Quality Treatment facility for this subdivision. No other
common areas have been proposed as part of this subdivision, therefore, Criterion 4 is met.
Street and Utility Improvements Standards: Section 18.164 contains the following
standards for streets and utilities serving a subdivision:
Street Improvements: Section 18.164.030(A) requires streets within and adjoining a
development to be dedicated and improved based on the classification of the street.
The applicant has been required to complete street improvements such as curb, gutter, and
sidewalk along the property frontage within the development through the recommended
Conditions of Approval in this Staff Report. Street improvements along SW Gaarde Street
for the properties frontage have not been required at this time because of design
considerations in developing a partial street improvement at this time.
Minimum Rights-of-Way and Street Widths: Section 18.164.030(E) provides a range
for Public Streets to be developed for Local Street purposes. This chart provides a
range for right-of-way and street widths. The right-of-way width range provided for
this purpose is 36 to 50 feet. The street width range is 24 to 34 feet of width. Upon
review with the applicant, it was determined that the proposed private street indicated on the
plan set was supposed to be a public street. The applicant has proposed the use of a public
street to serve the existing and new residences. This street, as proposed, has a total right-
of-way of 42 feet with a paved section of 28 feet. A review of the expected number of
average daily trips was provided with the Evergreen Springs Subdivision. Based on the 370
estimated trips, the street design (as proposed) is consistent with the Local Street
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 16
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classification. The applicant has proposed the use of a private street to serve up to three (3)
of the new lots. This street, as proposed, has a total right-of-way of 30 feet with a paved
section of 20 feet. The proposed private street section meets or exceeds the minimum width
standards allowed for a private street. For these reasons, the proposed right-of-way widths
and street design complies with the design range allowed for the street classification.
Future Street Plan and Extension of Streets: Section 18.164.030(F) states that a future
street plan shall be filed which shows the pattern of existing and proposed future
streets from the boundaries of the proposed land division. This section also states
that where it is necessary to give access or permit a satisfactory future division of
adjoining land, streets shall be extended to the boundary lines of the tract to be
developed and a barricade shall be constructed at the end of the street. Street stubs
to adjoining properties are not considered to be cul-de-sac since they are intended to
continue as through streets at such time as the adjoining property, is developed. This
site is a small infill property within a heavily developed area. Due to the fact that it is a
remainder parcel adjoining a Major Collector Street (SW Gaarde Street) and a Local Street
(SW 117th Avenue), the extension of a street across this site in a northerly direction is not
possible. The extension of a street across the site in an east-west direction has been
proposed as SW Sable Lane. The extension of SW Sable Lane to SW 114th Avenue is
expected through future development to the east. The extension of a street to the south to
SW Cloud Street is precluded because of the existing homes that were developed on this
existing cul-de-sac street.
Street Alignment and Connections: Section 18.164.030(G) requires all local streets
that abut a development site shall be extended within the site to provide through
circulation when not precluded by environmental or topographical constraints,
existing development patterns or strict adherence to other standards in this code. A
street connection or extension is precluded when it is not possible to redesign, or
reconfigure the street pattern to provide required extensions. In the case of
environmental or topographical constraints, the mere presence of a constraint is not
sufficient to show that a street connection is not possible. The applicant must show
why the constraint precludes some reasonable street connection. Provision of a street
extension to the east has been provided. Continuation of the street would be provided by
the future developer of the property to the east to SW 114th Avenue. This would likely be
completed by the developer of the Hawk Meadows Subdivision (also pending).
Curbs, Curb Cuts, Ramps and Driveway Approaches: Section 18.164.030(N) requires
the following:
1. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway
approaches shall be constructed in accordance with standards specified in this
chapter and Section 15.04.080, and;
A. Concrete curbs and driveway approaches are required; except
B. Where no sidewalk is planned, an asphalt approach may be constructed
with City Engineer approval; and
C. Asphalt and concrete driveway approaches to the property line shall be built
to City configuration standards.
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 17
• •
Through the required engineering plans, these street improvements will be reviewed and
approved by the Engineering Department for the applicant's frontage within the subdivision.
Future curb, gutter, and sidewalk for these streets will be provided in accordance with City
standards.
Block Design: Section 18.164.040(A) states that the length, width and shape of blocks
shall be designed with due regard to providing adequate building sites for the use
contemplated, consideration of needs for convenient access, circulation, control and
safety of street traffic and recognition of limitations and opportunities of topography.
The proposed development of SW Sable Lane provides for a future extension of the street
to SW 114th Avenue through the proposed Hawk Meadows Subdivision that is also pending.
An extension of a second Public Street in, or near, the alignment of proposed private street
SW Chestnut Lane appears unfeasible based on the development pattern to the east of the
property. Three (3) existing homes are located within this area. Each of these homes are
provided with access to SW 114th Avenue by means of a flag lot access configuration.
Block Sizes: Section 18.164.040(B)(1) states that the perimeter of blocks formed by
streets shall not exceed 1,800 feet measured along the right-of-way line except:
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.
This development site is a portion of a residential block. Through this development, the
applicant proposes to develop a Local Street parallel with SW Gaarde Street. Considering
existing development constraints, the extension of a Local Street (SW Sable Lane) to the
east, is the most that is possible. Given the level of buildout in the area and the existing
zoning and access restrictions to Collector Streets, it is not possible to extend the new
proposed street in a southerly, northerly, or westerly direction.
Block Lengths: Section 18.164.040(B)(2) states that when block lengths greater than
600 feet are permitted, pedestrian/bikeways shall be provided through the block. The
proposed block length of SW Sable Lane will provide for the future extension of sidewalk to
the east. A mid-block pedestrian connection has been proposed to SW Gaarde Street from
SW Sable Lane. Proposed cul-de-sac street SW 116th Terrace is precluded from extension
of a pedestrian pathway to the south because of existing development on SW Cloud Court.
Section 18.164.040(A) Block Design, also provides that existing development constraints
may be considered when designing a block. Because existing residences within the
Shadow Hills Subdivision have been developed to the south; extension of a future
pedestrian pathway to the south is not recommended.
It is recommended that the subdivision be redesigned to provide public access easements
on the final plat. A pedestrian pathway system shall be provided from the end of SW
Chestnut Lane, between Lots 10 and 11 to the east, and then north to an alignment with the
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 18
• •
proposed private street (SW Jaki Lane) within the pending Hawk Meadows Subdivision. It is
also recommended that pathway be provided south from SW Sable Lane along the eastern
property line, to the same SW Jaki Lane alignment. This will provide a complete pedestrian
system throughout both projects. This will necessitate paving a pathway roughly in an
alignment with the existing gravel driveway that serves Tax Lot 100. This pathway shall, at a
minimum, be designed to comply with City's Engineering Design Standards Manual.
Lots - Size and Shape: 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. The subdivision, as designed,
complies with this standard. Lot 3 has the greatest lot depth-to-width ratio. This proposed
site has approximately 135 feet of depth, to 68 feet of width. Considering these dimensions,
this lot, and the others, comply with this standard.
Lot Frontage: Section 18.164.060(8) requires that lots have at least 25 feet of frontage
on public or private streets, other than an alley. The minimum frontage width standard is
met for each of the eighteen (18) lots because they have frontage in excess of the 25-foot
minimum requirement.
Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets.
Sidewalks have been proposed to be provided within the development. Full half-street
improvements along the applicants frontage on SW Gaarde Street are not being required at
this time due to engineering issues with completion of a partial street improvement.
Sanitary Sewers: Section 18.164.090 requires sanitary sewer service. Sanitary sewer
facilities are to be extended from a sewer line that runs parallel to SW Gaarde Street. This
line has sufficient capacity to meet the additional demand that will be created by the
development of this subdivision.
Storm Drainage: Section 18.164.100 requires adequate provisions for storm water
runoff and dedication of easements for storm drainage facilities. Existing storm
drainage facilities are in place to serve this site. The applicant proposes to direct storm
water from this subdivision, to a line that is to be extended that parallels SW Gaarde Street.
This line would also be partially within the street extension of SW Sable Lane. The applicant
will be required to demonstrate that down stream facilities have sufficient capacity to handle
the increase in storm water runoff that is created by this development.
PUBLIC FACILITY CONCERNS:
Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), 18.164.100 (Storm
Drains) and 18.164.120 (Overhead Utilities) are required to be addressed through the
development review process. A review of required Water Quality Treatment, Erosion
Control and Water Service have also been provided below:
STREETS:
This site is located adjacent to SW Gaarde Street, a major collector street, and proposed
right-of-way (ROW) for SW 117th Avenue, a local residential street.
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 19
SW Gaarde Street
Southwest Gaarde Street is a major collector street that is not fully improved in this area.
This street is among a list of streets that could potentially be improved through a local
improvement district (LID) or a City capital improvement project (CIP). At this time,
funding for a major improvement of this facility does not exist, however, the City has a
desire to see this facility improved within the next ten (10) years.
The applicant's project will result in additional traffic being dispersed onto SW Gaarde
Street. However, the immediate impact does not necessarily indicate the street should be
widened at this time. In addition, incremental widening projects on a major collector
facility like SW Gaarde Street is not recommended because of the difficulty in making
smooth transitions for the traffic between improved and unimproved sections. It is much
more efficient to improve SW Gaarde Street as one large project, from SW Pacific
Highway (99W) to SW 121st Avenue. The applicant should be required to enter into a
non-remonstrance agreement that will obligate the subdivision to participate in the future
widening of the roadway if it were improved under a LID.
The applicant should also be required to dedicate additional ROW on SW Gaarde Street
to allow for the future widening. A major collector street requires between 60 to 80 feet of
total ROW. The City has determined that 74 feet of ROW will be necessary. Therefore,
37 feet is required south of the centerline. The applicant's plan indicates they will dedicate
the additional ROW on the final plat.
SW 117th Avenue
At present, there is no dedicated ROW for SW 117th Avenue. The most recent tax
assessor's map indicates a 50-foot-wide strip of land (Tax Lot 800, WCTM 2S1 10BA) that
is currently used as a private driveway access to SW Gaarde Street. The City's most
recent tax roll information indicates that the applicant does not own Tax Lot 800. The
applicant has, however, represented that they are able to obtain the necessary ROW to
dedicate the street as a public street. In order for the applicant's proposed plan to
function, access from SW 117th Avenue is necessary. Prior to approval of construction
drawings for the project, the applicant will need to provide evidence that the off-site ROW
for SW 117th Avenue has been obtained.
The new improvements of SW 117th Avenue will necessitate improvement at the
intersection of SW Gaarde Street. In order to provide a safe intersection, the applicant will
need to widen the entrance and provide a curb return at the southeast corner. In order to
accomplish this, the applicant will need to dedicate additional ROW at the intersection
corner to give a 25-foot ROW radius.
There are no physical improvements within the strip of land to be dedicated as ROW,
other than the existing paved driveway for several homes. Because the applicant will be
creating a public street that will carry a considerable increase in traffic, they should be
required to improve the roadway to City standards. The applicant indicates that they will
construct a 3/4-street improvement as a part of their project. The limits of the
improvement will be from Gaarde Street to the south boundary of the subject site, to
include the intersection improvement at the proposed SW Sable Lane. The applicant
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 20
• •
proposes that SW 117th Avenue be built to a narrow street standard (28-feet of pavement
overall). TDC 18.164.030(E), Figure 23, indicates that a local street with under 500
average daily trips (ADT) could be reduced in width to 28 feet. The Institute of
Transportation Engineers (ITE) estimates that each single-family lot will generate an
average of 10 trips per day. Therefore, 50 lots could be served from a 28-foot-wide street.
There are approximately ten (10) existing homes that are served from the private
driveway. The new project will add another eighteen (18) lots, which will result in a total of
28 lots. This is well within the limits of the narrow street criteria. It is also important to
note that there is another subdivision application under review for Hawk Meadows,
immediately to the east. That project will extend SW Sable Lane to SW 114th Avenue,
which will allow traffic to access either SW 117th Avenue or SW 114th Avenue.
Therefore, the total load on either street will not be significant and further supports the use
of the narrow pavement width on SW 117th Avenue.
Proposed New Streets
As mentioned above, there will be new streets created with this development. Southwest
Sable Lane will extend from SW 117th Avenue eastward through this site and will stub out
at the east boundary of the development. The street is also proposed to be a narrow
public street, with a 42-foot ROW and 28-foot paved width. The Hawk Meadows project to
the east, also under review, will extend the street to SW 114th Avenue. In reviewing both
applications, it appears there is a discrepancy in the centerline alignment where the street
crosses the joint property line between the two (2) projects. The Hawk Meadows
application indicates that the centerline of the street will be offset ten (10) feet south of the
north boundary of that site. However, the Evergreen Springs plan shows the centerline of
the street aligning directly with the Hawk Meadows north property boundary. The
consulting engineer for both projects is the same, so Staff believes this discrepancy can
easily be resolved. The applicants for both projects will need to coordinate with regard to
the alignment of the street prior to construction approval.
Southwest 116th Terrace will extend south from SW Sable Lane and will also have a
28-foot paved width within a 42-foot ROW, which is acceptable, based on the number of
lots it will serve.
There is one (1) private street proposed (Tract D), which will extend easterly from SW
116th Terrace to serve Lots 10 and 11. Rather than create a private street, the applicant
could just designate Tract D as a private driveway to serve the two (2) lots.
Other Access Issues
The subject site surrounds an existing tax lot (Tax Lot 100, WCTM 2S1 1013A) and
provides access to SW Gaarde Street via an access easement for the existing house on
that tax lot. The existing access easement abuts the east boundary of the site and there
is a gravel driveway from the house on Tax Lot 100 out to Gaarde Street. According to
the applicant's plan, access to Tax Lot 100 will change in that, it will now be provided to
SW Sable Lane via an access easement or tract (Tract C). The owner of Tax Lot 100 will
then need to drive to the west to SW 117th Avenue, then north to SW Gaarde Street.
Although this will be a different route than before, Staff believes the access will be safer
because vehicles will enter and exit SW Gaarde Street from a public street, rather than a
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 21
• •
narrow private driveway. The applicant will need to resolve if the access will be within an
easement, or within a tract, and clarify this on the final plat.
Access to the proposed water quality facility (Tract 6) will be provided from SW Sable
Lane. The City will desire the facility access to be separate from the private driveway
access to Tax Lot 100 (Tract C) in order to avoid conflicts with private vehicles.
WATER:
There is an existing six (6)-inch public water line on Tax Lot 800 (future ROW for SW
117th Avenue) that is fed from an existing 12-inch water line in SW Gaarde Street. The
plan indicates an eight (8)-inch water line will be constructed in SW Sable Lane that will
extend to the eastern boundary for further extension by the Hawk Meadows project. The
Water Department indicates that the developments will likely not have adequate fire flow
protection because of the small size of the line in SW 117th Avenue. In order to
adequately provide fire suppression flows, the six (6)-inch water line will need to be
upsized to an eight (8)-inch water line. The applicant will need to upsize the portion of
water line that falls within their project frontage. The water line can be replaced along with
the street improvements for SW 117th Avenue.
The Water Department indicates that the fire hydrant locations should be adjusted to
ensure that adequate fire protection is provided for the house on Tax Lot 100. The fire
hydrant on SW Sable Lane should be relocated to the southeast corner of SW Sable Lane
and SW 116th Terrace which will bring it closer to the driveway for Tax Lot 100. In
addition, the Water Department suggests the hydrant on SW 116th Terrace be relocated
to the west side of SW 116th Terrace near the flair out for the cul-de-sac bulb.
SANITARY SEWER:
The closest public sanitary sewer line is located east of this site on Tax Lot 4700 (WCTM
2S1 10A). This sewer line was extended as a part of a partition. The line is approximately
180 feet east of the subject site. The applicant intends to obtain an off-site sewer
easement across Tax Lots 4200 and 4100 to reach the sewer line. The alignment of the
sewer line will be acceptable because it will end up within the future improvements of SW
Sable Lane. However, for the Evergreen project to move forward, the applicant will need
to provide proof that the off-site public sewer easements have been obtained prior to
approval of the construction drawings.
The applicant will be required to submit a basin analysis for the sanitary and storm sewer
systems to establish which adjacent properties can be served from those systems. The
applicant will need to provide sanitary and storm sewer stub-outs to adjacent undeveloped
or unserved parcels. The applicants' plan should be revised to show that public sewer will
be extended to SW 117th Avenue to allow for future extension to properties upstream on
SW 117th Avenue.
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 22
STORM DRAINAGE:
This site is toward the upper end of an existing drainageway that slopes to the east. The
topography of the.site concentrates storm flows in a swale that discharges water near the
midpoint of the eastern boundary. As discussed in the previous section, the applicant will
be required to provide a drainage basin study to determine what upstream properties can
be served from the proposed public sanitary and storm sewer system and how large those
systems should be in order to serve those parcels when fully developed. In addition, the
City is concerned about the potential impact to the downstream storm system from the
additional storm water that will be generated from development of this site.
The plan indicates the storm water will be collected in a piped system, treated in a water
quality facility, then released to the downstream system via an off-site pipe. The off-site
pipe is proposed to cross the adjacent parcel where the Hawk Meadows project would be
constructed. The applicant will need to obtain an off-site public storm drainage easement
prior to approval of the construction drawings. The off-site pipe will eventually tie into an
existing public storm drainage line in SW 117th Avenue. The storm water then discharges
into an open ditch that flows east of SW 117th Avenue.
The applicant will need to provide a downstream analysis to determine if the downstream
system will have enough capacity to accommodate the additional storm water from this
site. If a capacity problem is encountered, the applicant will either need to upsize the
downstream system, or provide on-site detention. The method of the downstream
analysis must be in accordance with the Unified Sewerage Agency design and
construction standards.
STORM WATER QUALITY:
The City has agreed to enforce Surface Water Management (SWM) regulations
established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as
amended by R&O 91-75) 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 is required to be submitted indicating the frequency and
method to be used in keeping the facility maintained through the year. Prior to
construction, the applicant shall submit plans and calculations for a water quality facility
that will meet the intent of R&O 91-47. In addition, the applicant shall submit a
maintenance plan for the facility that must be reviewed and approved by the City prior to
issuance of the building permit.
As mentioned in the previous section, the applicant proposes to construct an on-site water
quality facility to treat the storm water generated from this project. Access to the facility
will be provided from a driveway onto SW Sable Lane. This access must be paved, a
minimum of 15 feet wide and be separate from the private driveway to Tax Lot 100.
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 23
• •
GRADING AND EROSION CONTROL:
USA R&O 91-47 also regulates 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 that
accelerates erosion. Per R&O 91-47, the applicant is required to submit an erosion
control plan for City review and approval prior to issuance of City permits.
The Federal Clean Water Act requires that a National Pollutant Discharge Elimination
System (NPDES) erosion control permit be issued for any development that will disturb
five or more acres of land. Since this site is over five acres, the developer will be required
to obtain an NPDES permit from the City prior to construction. This permit will be issued
along with the site and/or building permit.
EXISTING OVERHEAD UTILITY LINES:
There are existing overhead utility lines on SW Gaarde Street. Section 18.164.120 of the
TMC requires all overhead utility lines adjacent to a development to be placed
underground or, at the election of the developer, a fee in-lieu of undergrounding can be
paid. If the fee in-lieu is proposed, it is equal to $27.50 per lineal foot of street frontage
that contains the overhead lines.
SECTION V: OTHER STAFF COMMENTS
The Building Division reviewed this proposal and have offered the following
comments:
Any existing homes that are to remain shall be connected to sanitary sewer service.
The Water Department reviewed this proposal and have offered the following
comments:
1. Fire hydrant placement shall be revised in order for Tax Lot 100 to have coverage.
2. Water Meter for Tax Lot shall be a one-inch meter due to meter location on SW
Sable Lane.
3. Utility easements for water service to Lots 10 and 11 are necessary.
4. Fire hydrants shall be placed near the corner of SW Gaarde Street and SW 117th
Avenue. A second hydrant on Lot 7 near the corner of SW Sable Lane and SW
116th Terrace and a third hydrant on Lot 15 that is near the southern end of
proposed cul-de-sac street SW 116th Terrace.
Other affected departments have reviewed this application and have offered no
additional comments or objections.
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 24
• •
SECTION VI: AGENCY COMMENTS
The Tualatin Valley Fire District reviewed this proposal and stated that the plan was
not approved and that plans shall be submitted to the Fire Marshall's Office for
review and approval that address the following comments:
1. When buildings are completely protected with an approved automatic fire sprinkler
system, the requirements for fire apparatus access many be modified as approved
by the Chief (UFC Sec. 902.2.1 Exception 1).
2. Where there are 20 or more dwellings, an approved second fire apparatus access
roadway must be provided to a city/county roadway or access easement (UFC Sec.
902.2.2).
3. Fire apparatus access roads shall have an unobstructed width of not less than 20
feet (15 feet for not more than two (2) dwelling units), and an unobstructed vertical
clearance of not less than 13 feet 6 inches (UFC Sec. 902.2.2.1).
4. The inside turning radius and outside turning radius shall not be less than 25 feet
and 45 feet respectfully, as measured from the same center point (UFC Sec.
902.2.2.3).
5. Where fire apparatus access roadways are not of sufficient width to accommodate
parked vehicles, "No Parking" signs shall be installed on one or both sides of the
roadway and in turnarounds as needed. (UFC Sec. 902.2.4). Signs shall read "NO
PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810" and shall be installed
with a clear space above ground level of 7 feet. Signs shall be 12 inches wide by
18 inches high and shall have black or red letters and border on a white
background (UFC Sec. 901.4.5.(1)(2) & (3)).
6. Fire hydrants for single-family dwellings and duplexes shall be placed at each
intersection. Intermediate fire hydrants are required if any portion of a structure
exceeds 500 feet from a hydrant as measured in an approved manner around the
outside of the structure and along approved fire apparatus access roadways.
Placement of additional fire hydrants shall be as approved by the Chief (UFC Sec.
903.4.2.2).
7. The minimum available fire flow for single-family dwellings and duplexes shall be
1,000 gallons per minute. If the structure(s) are 3,600 square feet or larger, the
required fire flow shall be determined according to UFC Appendix Table A-III-A-1
(UFC Appendix III-A, Sec. 5).
8. Approved fire apparatus access roadways and fire fighting water supplies shall be
installed and operational prior to any other construction on the site or subdivision
(UFC Sec. 8704).
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 25
• •
9. The existing house on Tax Lot 100, adjacent to Lots 8-10, shall be provided with a
turnaround.
The Unified Sewerage Agency (USA) reviewed this proposal and provided the
following comments:
SANITARY SEWER:
Each lot within the development shall be provided with a means of disposal for sanitary
sewer. The means of disposal should be in accordance with R&O 96-44 (Unified Sewage
Agency's Construction Design Standards, July 1996 edition). Engineer should verify that
public sanitary sewer is available to up-hill adjacent properties or extend service as
required by R&O 96-44.
STORM SEWER:
Each lot within the development should have access to public storm sewer. Engineer
should verify that public storm sewer is available to up-hill adjacent properties, or extend
storm service as required by R&O 96-44. Hydraulic and hydrologic analysis of storm
conveyance system is necessary. If downstream conveyance does not have capacity to
convey the volume during a 25-year, 24-hour storm event, the applicant is responsible for
mitigating the flow.
WATER QUALITY:
Developer should provide a water quality facility to treat the new impervious surface being
constructed as part of this development.
SENSITIVE AREA:
A "Sensitive Area" may exist. Developer must preserve a 25-foot corridor as described in
R&O 96-44, separating the sensitive area from the impact of development. NOTE: THE
APPLICANT INDICATES THAT NO WETLANDS, PONDS, OR STREAMS EXIST ON
THIS PROPERTY. UPON FURTHER DISCUSSION WITH USA, A CONDITION OF
APPROVAL IS RECOMMENDED TO ADDRESS THE CONCERN THAT A STREAM
CORRIDOR WETLAND MAY EXIST DUE TO A PERENNIAL STREAM DESIGNATION
ON A USA MAP.
Other affected agencies have reviewed this application and have offered no
additional comments or objections.
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 26
• •
PREPARED BY: Mark Roberts
Associate Planner, AICP
7?? qLAg? vo, 6
APPROVED BY: Richard ewersdorff
Planning Manager
April 7. 1997
DATE
April 7. 1997
DATE
IACURPLN\SUB96-09.D0C
STAFF REPORT TO THE H.O. SUB 96-0009 - EVERGREEN SPRINGS SUB. PAGE 27
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